L.A. Bill No. 33 of 1972, Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment
The Government of Tamil Nadu published Legislative Assembly Bill No. 33 of 1972 in the Tamil Nadu Government Gazette Extraordinary on 12 August 1972, after its introduction in the Tamil Nadu Legislative Assembly on the same date. The Bill proposes to amend the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 by reducing a specified ceiling limit, shortening procedural deadlines, strengthening land inclusion powers and revising compensation calculations.
What the Bill does
Legislative Assembly Bill No. 33 of 1972 proposes the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Fourth Amendment Act, 1972. Most of its modifications to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 are framed as taking effect from 1 March 1972.
Key proposed changes include:
- A limit of 30 standard acres replaces 40 standard acres in section 5(5) of the principal Act.
- A person whose total land exceeds the ceiling because of the amendment becomes subject to special definitions, including a notified date fixed by the Government after publication of the amending Act.
- The period for furnishing a return under section 8 is reduced from 90 days to 30 days.
- Several other periods of 60 days are reduced to 30 days, while the period in section 51 is reduced from 90 days to 60 days.
- Several clauses, provisos and complete sections of the principal Act are proposed to be omitted.
Land Commissioner and administrative changes
Legislative Assembly Bill No. 33 of 1972 proposes a new power for the Land Commissioner. If land held by a person was not included when calculating that person's total holding, the Land Commissioner may direct the authorised officer to include it and calculate or recalculate the ceiling area.
The Bill also changes the membership described for the relevant body under section 24. It provides for one member of the Board of Revenue, other than the Land Commissioner, and two non-official members, all nominated by the Government.
Compensation provisions
Legislative Assembly Bill No. 33 of 1972 proposes changes to Schedule III from the date of publication in the Tamil Nadu Government Gazette.
- Agricultural income-tax returns for the land are to be considered when determining normal gross produce.
- Compensation multipliers for successive portions of net annual income are revised, ranging from nine times for the next Rs. 5,000 to two times the remaining balance.
- Compensation for acquired buildings, machinery, plant, apparatus, wells, filter points and power lines is based on written down value under the Income-tax Act, 1961.
- Compensation for trees is based on their value on the date of the acquisition notification.
Who may be affected
Legislative Assembly Bill No. 33 of 1972 is relevant to people whose total landholding may exceed the ceiling, people required to submit land returns, and owners of land or related assets acquired under the principal Act. It also treats a person with a lifetime right to enjoy land as a limited owner, even without power to transfer that land, with that modification framed as applying from 6 April 1960.
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Common questions
Is the land reforms amendment Bill No. 32 or Bill No. 33 of 1972?
The land reforms amendment is Legislative Assembly Bill No. 33 of 1972. Bill No. 32 of 1972 concerns the Madras City Municipal Corporation Act, 1919.
Does the Bill reduce the land ceiling to 30 standard acres?
The Bill proposes replacing the 40 standard acre maximum in section 5(5) of the principal Act with 30 standard acres.
Can omitted land later be added to a person's total holding?
Yes. The Bill proposes that the Land Commissioner may direct the authorised officer to include omitted land and calculate or recalculate the person's ceiling area.
How would compensation for buildings and machinery be calculated?
The Bill proposes using their written down value under the Income-tax Act, 1961, determined on the date of publication of the relevant acquisition notification.