official guidance

Letter (Ms) No.510/LR.1(2)/2021, Dated: 11.08.2021

The Revenue and Disaster Management Department, Land Reforms Wing, L.R-1(2) Section, issued Letter (Ms) No.510/LR.1(2)/2021 on 11 August 2021 to clarify the implementation of Amendment Act 24 of 2018, which increased the land ceiling for an industrial or commercial undertaking from 15.000 standard acres to 30.000 standard acres. The amendment took effect on 28 October 2020, and the letter also directs officials to take account of the 180 day period for applying in Form-36 after land is acquired through a registered document.

Category
Land reforms and ceiling
Pages
2
Status
In force
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Purpose of the clarification

The Revenue and Disaster Management Department, Land Reforms Wing, L.R-1(2) Section, issued Letter (Ms) No.510/LR.1(2)/2021 on 11 August 2021 in response to a request from the Commissioner of Land Reforms. The request concerned implementation of Amendment Act 24 of 2018 under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961.

The Government states that it examined the relevant records and consulted the Advisory Department before giving the clarification.

Change to the land ceiling

Amendment Act 24 of 2018 amended sections 3 and 5 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961. The stated change is:

  • The ceiling area for an industrial or commercial undertaking was increased from 15.000 standard acres to 30.000 standard acres.
  • The amendment was notified in Tamil Nadu Government Gazette (Extraordinary) No.249, dated 12 July 2018, after the Act was placed before the Legislative Assembly.

Date from which the amendment applies

Letter (Ms) No.510/LR.1(2)/2021 clarifies that publication of Amendment Act 24 of 2018 in 2018 did not itself establish the commencement date stated in the later notification. Tamil Nadu Government Gazette (Extraordinary) No.445, dated 28 October 2020, specified that the amendment came into force on 28 October 2020.

The Government directs that the notification fixing 28 October 2020 as the commencement date must be followed strictly.

Form-36 application period

Letter (Ms) No.510/LR.1(2)/2021 also refers to the procedure in G.O. (Ms) No.622, Revenue [LR.3(1)] Department, dated 25 November 2010. Officials are directed to take account of:

  • The period of 180 days from the date on which land was acquired through a registered document.
  • The requirement to make the relevant application in Form-36 within that period.

Who may be affected

The clarification is relevant to industrial or commercial undertakings relying on the increased ceiling of 30.000 standard acres. It is also relevant where land has been acquired through a registered document and an application in Form-36 must be considered, particularly when checking the acquisition date and the 180 day application period.

This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.

Common questions

When did the increased ceiling for industrial or commercial undertakings take effect?

The amendment came into force on 28 October 2020, as specified in Tamil Nadu Government Gazette (Extraordinary) No.445.

What ceiling area applies under the amendment?

Amendment Act 24 of 2018 increased the ceiling for an industrial or commercial undertaking from 15.000 standard acres to 30.000 standard acres.

Does the 2018 Gazette publication mean the amendment applied from 2018?

No. The letter states that the effective date was separately published as 28 October 2020 in Tamil Nadu Government Gazette (Extraordinary) No.445.

How long is allowed for making a Form-36 application?

The letter refers to a period of 180 days from the date the land was acquired through a registered document.