G.O. (Ms) No.277, Amendment to rules 56 and 66 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962
The Revenue and Disaster Management Department, Land Reforms Wing, LR.1(2) Section, issued Government Order (Ms) Number 277, dated 31 July 2018, amending rules 56 and 66 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962. The amendments permit full or partial transfers involving industrial or commercial undertakings and public trusts holding land with Government permission, subject to conditions concerning continued use and, for part transfers, the transferor's prior activities.
What the amendments govern
Government Order (Ms) Number 277, dated 31 July 2018, was issued by the Revenue and Disaster Management Department, Land Reforms Wing, LR.1(2) Section. It amends rules 56 and 66 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962, relating to land held with Government permission under sections 37-A and 37-B of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961.
Section 37-A covers permission for industrial or commercial undertakings to acquire or hold land above the ceiling area. Section 37-B covers permission for public trusts to acquire or hold land for educational or hospital purposes.
Who may be affected
The amendments to the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962 may affect:
- Industrial or commercial undertakings transferring themselves fully or partly to another industrial or commercial undertaking.
- Industrial or commercial undertakings transferring part of land held with Government permission.
- Public trusts transferring themselves fully or partly to another public trust.
- Public trusts transferring part of land held for educational or hospital purposes.
- Companies or public trusts acquiring such land as transferees.
The transfers covered are for the same industrial or commercial activities, or the same educational or hospital purposes, for which the Government permitted the land to be held.
Conditions for industrial or commercial land
For a part transfer involving an industrial or commercial undertaking:
- The transferor must have carried on bona fide industrial or commercial operations for at least three years, unless a justifiable reason prevented the permitted operation.
- The transferee must bona fide carry on industrial or commercial operations.
- The transferee cannot claim the purchased surplus area as land within its ceiling area.
Conditions for public trust land
For a part transfer involving a public trust:
- The transferor must have carried on bona fide educational or hospital activities for at least three years, unless a justifiable reason prevented the permitted activity.
- The transferee must bona fide carry on educational or hospital activities.
The notification was directed to be published in the Tamil Nadu Government Gazette, and land administration authorities were asked to publicise it through Sub-Collectors and Revenue Divisional Officers.
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Common questions
Can a company transfer only part of land held with Government permission?
Yes. The amendments provide for a partial land transfer from one industrial or commercial undertaking to another for the same industrial or commercial activities, subject to the stated conditions.
Can a public trust transfer part of its land to another public trust?
Yes. A public trust may transfer land partly to another public trust for educational or hospital activities, with the transferor and transferee meeting the conditions in the amended rules.
Must the transferor have used the land for at least three years?
For a part transfer, the transferor should have carried on the relevant bona fide activity for at least three years. The amendments also allow for a justifiable reason why the permitted activity could not be carried on.
Can an industrial transferee count purchased surplus land within its ceiling area?
No. The amendment states that the industrial or commercial transferee is barred from claiming the purchased surplus area as land within its ceiling area.
