G.O. (Ms) No. 622, Amendments to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962, 2010
The Government of Tamil Nadu Revenue [LR3(1)] Department issued Government Order (Ms) Number 622 dated 25 November 2010, amending rules 56 and 64 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962. The amendments require industrial or commercial undertakings and public trusts to apply to the Government in the Revenue Department when acquiring or holding specified land, including land above the ceiling area, and took effect on 25 November 2010.
What the document changes
Government Order (Ms) Number 622 dated 25 November 2010, issued by the Government of Tamil Nadu Revenue [LR3(1)] Department, amends rules 56 and 64 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962. The changes follow amendments to sections 37-A and 37-B of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, and came into force on 25 November 2010.
Who is affected
Government Order (Ms) Number 622 applies to:
- Industrial or commercial undertakings seeking to acquire land above the ceiling area.
- Industrial or commercial undertakings seeking to hold land above the ceiling area that was acquired before or after 25 November 2010.
- Public trusts created before 1 March 1972 seeking to acquire or hold land above the ceiling area for the purposes referred to in section 37-B.
- Public trusts created after 1 March 1972 seeking to acquire or hold land for the purposes referred to in section 37-B.
A property buyer should check whether the proposed buyer is an industrial or commercial undertaking or a public trust and whether the holding falls within these requirements.
Applications by industrial or commercial undertakings
The amended rule 56 requires an industrial or commercial undertaking that wants to acquire land above the ceiling area to apply in writing to the Government in the Revenue Department using Form 36.
For land above the ceiling area that an undertaking wants to hold:
- Land acquired before 25 November 2010 required an application within one hundred and eighty days from that date.
- Land acquired after 25 November 2010 requires an application within one hundred and eighty days from acquisition through registered documents.
Applications by public trusts
The substituted rule 64 requires qualifying public trusts to apply in writing to the Government in the Revenue Department using Form 38. The same one hundred and eighty day periods apply, measured either from 25 November 2010 for earlier acquisitions or from the date of acquisition through registered documents for later acquisitions.
Late applications
The Government in the Revenue Department may accept an application filed after the prescribed period if satisfied that the applicant had sufficient cause for the delay. The notification does not state that a late application must be accepted.
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Common questions
What form must an industrial or commercial undertaking use?
It must apply in writing to the Government in the Revenue Department using Form 36.
What form must a public trust use?
A public trust covered by the amended rule 64 must apply in writing to the Government in the Revenue Department using Form 38.
How long does an applicant have after acquiring land through registered documents?
The application must be made within one hundred and eighty days from the date on which the land was acquired through registered documents.
Can the Revenue Department accept a late application?
Yes. The Government in the Revenue Department may admit a late application if satisfied that the applicant had sufficient cause for not filing within the prescribed period.
