Forwarding Form 15 Declarations to Authorised Officers
The Director of Land Reforms and Commissioner of Land Reforms (in charge), through reference Rc. D1/3042/2016 (L.Ref), dated 30 May 2017, instructed all District Collectors except Chennai to ensure that Form 15 landholding declarations are regularly forwarded by Sub Registrars to the appropriate Sub Collectors or Revenue Divisional Officers. The instructions also require monitoring of receipts, follow-up action and monthly reporting after the former Assistant Commissioner (Land Reforms) offices were disbanded.
What it governs
Reference Rc. D1/3042/2016 (L.Ref), dated 30 May 2017, from the Director of Land Reforms and Commissioner of Land Reforms (in charge), deals with Form 15 declarations filed when land is transferred. These declarations help the authorities identify purchases that may breach the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, and take action concerning land held above the ceiling area.
The instructions continue the Form 15 process after all six Assistant Commissioner (Land Reforms) offices were disbanded. The powers of the Authorised Officer were transferred to all Sub Collectors and Revenue Divisional Officers.
Who is affected
The Form 15 requirements affect transferees receiving land through sale, gift, exchange, lease, possessory mortgage, surrender, agreement, settlement or another form of transfer. They also affect Sub Registrars, Sub Collectors, Revenue Divisional Officers and District Collectors except Chennai.
A person receiving land must declare in duplicate the total extent of land held. The document relating to the transfer cannot be registered unless this declaration is filed before the registering authority, as required by Section 19(1).
Key procedures
- The registering authority must send one copy of the declaration to the Authorised Officer for the area where the transferred land, or its major part, is situated.
- Copies of declarations filed during a fortnight must be sent within a week after that fortnight ends, by registered post with an invoice in duplicate.
- The invoice must show the number of declarations and the registration numbers of the related documents.
- The Authorised Officer must acknowledge and return the duplicate invoice.
- Sub Collectors and Revenue Divisional Officers must monitor whether declarations arrive every fortnight from Sub Registrars.
- Missing declarations must be taken up with the concerned Deputy Inspector General of Registration.
- Districts must report monthly on declarations received, their disposal and follow-up action. The prescribed report is due on the 10th of every month.
Verification and follow-up
The monthly format records declarations involving individuals, public trusts and companies, cases attracted after verification, and notices issued. Land registered by a public trust is stated to be directly attracted under the Act, requiring action under Section 20-A. If a public trust or company mortgages land and has applied for permission under Section 37-B or Section 37-A, the mortgage details must be noted in the relevant permission file.
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Common questions
Must a buyer disclose all land already held when registering a transfer?
Yes. Section 19(1), as quoted in the instructions, requires the transferee to file a written declaration in duplicate stating the total extent of land held.
Where will the Sub Registrar send my Form 15 declaration?
One copy must be sent to the Sub Collector or Revenue Divisional Officer acting as the Authorised Officer where the transferred land, or its major part, is situated.
Does filing Form 15 automatically mean that my land exceeds the ceiling?
No. The declaration is used to verify the transferee's total landholding and identify cases that attract the Act. The document separately states that land registered by a public trust is directly attracted under the Act.
How often must Form 15 declarations be forwarded and monitored?
Declarations filed during a fortnight must be forwarded within a week after that fortnight ends. Sub Collectors and Revenue Divisional Officers must monitor receipt every fortnight and report receipt, disposal and follow-up action every month.
