The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptx

The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptx

• 1.
  The Tamilnadu LandReforms (Fixation of Ceiling on Land) Act 1961  Introduction:- was an impotant piece of agrarian legislation. This Act fixes a ceiling on the holdings of agricultural lands and provides for Acquisition of surplus lands. This act was introduced with an intent to reduce the disparity prevailing between few big block land holders and large number of landless poor peasants.  Objects:- The land ceiling Act had been enacted to give effect to the DPSP in Art 39 of the constitution.  Art 39(b)(c) - secure of ownership and control of material resources, the economic system should not result in the concentration of wealth which could lead to social and economic inequalities.  The limited area of agricultural land is available in the state  Agricultural land distributed to the landless persons
• 2.
  Historical Background: The ceilingarea for a person and a family consisting of not more than 5 members was 30 standard acres. Krishnasamy vs. State of Madras;- The SC Judgment on March 9,1964 Struck down the entire Act because sec 5 and 50 violated Art 14 of the constitution- Parliament in exercise of its power, passed the 17th amendment 1964, including the Act in the Ninth schedule of the constitution From July 1964 the Act is being implemented vigorously.
• 3.
  Salient features (14points)  This Act is a self-contained code  The ceiling area under this Act is 15 standard acres for family consisting of not more than 5 members Sec. 5(1)(a) and subject to maximum of 30 st.acre where family consisting of more than five members Sec. 5(1)(b)  Initially trust were exempted from the operation of the Act. Later a distinction was introduced in 1972 between public and private trusts and public trust exempted S.2  This Act fixes ceiling area for the education institutions separately under sec5(1)(c) - 10 acres to 40 standard acres  The term Family is Defined under section 3(14)  This Act prohibits to hold land in excess of the ceiling area on or from the date of commencement of this act under sec 6  Sec 8: furnishing return by a person holding land in excess of the ceiling area.
• 4.
  Sec 22: declaresthat any transfer or partition made on or after the date of commencement of the Act - that is void The Tamil Nadu Land Board has been vested with power of deciding the future acquisition of land distributed among. sec 24 Sec 37A an 37B enable industrial or commercial undertakings or public trust to hold excess land for their expansion Sec 50: determination of amount payable for the land acquired by the government Chapter 9 , Sec.73 : Exemption to certain categories of land The Land Tribunals are constituted under Sec.76 and to speed up land reform measures provisions have been made in the TN land reform spl appellate tribunal. Sec 77G: The jurisdiction of civil court is ousted. Any matter which is by or under this act is required to be dealt with authorized off., land board, land commissioner, and TN land reform spl appellate tribunal and shall not be called in ques in any court other than SC.
• 5.
  Fixation of ceilingon land holding  -Sec 5: it fixes the ceiling area  - Sec5(1)(a)(b): ceiling area for a family  -Sec 5(1)(c): ceiling area for the institution  Sec 5: summarised as follows:  1. A family is one which consists of a person, his wife and his minor sons and unmarried daughter and, their minor grandsons and unmarried grand daughters in the male line whose father and mother are dead. SEC 3(14)  2. The ceiling area for a family constitution of not more than 5 members is 15 standard acres - sec 5(1)(a)
• 6.
  • The ceilingarea of a family consisting of more than 5 members is 15 standard acres together with an additional 5 standards acres for every member of the family-sec 5(1)(b) • The total extent of the land held by a family in no case should exceed 30 standard acres - sec 5(5) • All the lands held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be held by the family-sec 5(1) • Stridhana land not exceeding 10 standard acres in addition to the extent of land which the family is entitled to hold under see 5(1)
• 7.
  The celing areasin the area of the institution Sec.5(1)(b) • Any college or university - 40 standard acres • Any High School or equivalent school - 20 standard acres • Any Elementary school or Higher Elementary school - 10 standard acres • Any student Hostel - 25 standard acres • Any Polytechnic Institution - 25 standard acres • Any agricultural school - 25 standard acres
• 8.
  CONCLUSION:  The Actoverall was not a successful act.  Conspiracies by landlords.  Lack of sufficient political determination.  The Act could not be implemented properly due to Conspiracies by landlords and also lack of sufficient political determination on the part of the government.  The act faced challenges in terms of its implementation. Administrative inefficiencies, lack of resources, and corruption in the implementation process may have hindered the effective execution of the act's provisions.  The act may have faced legal challenges and encountered loopholes that allowed landowners to evade the ceiling limits. These loopholes could have been exploited by influential landowners, defeating the purpose of the act.
• 9.
  FURNISHING OF RETURNBY PERSON HOLDING LAND IN EXCESS OF THE CEILING AREA: Section 8 -The person who is holding land in excess of the ceiling area should furnish a return within thirty days from the Notified date to the Authorized Officer in whose jurisdiction the land is situated. The return should contain the following particulars particulars of all the land: family and of the stridhana land particulars of any interest either in the land held by a Trust or in the income from such land reserved in his favor or in favor of any member of his family: particulars of land- (a) distributed among plantation, or (b) adjoining to any plantation, particulars of the encumbrances if any, with the name and address of the creditor;"
• 10.
   particulars ofpending litigation if any, respecting the land;  particulars of the land which such person desires to retain within the ceiling area and the land which he desires to be declared as surplus land;  particulars of land held by tenant, if any and the name and address of such tenant; and  Such other particulars as may be prescribed.  Who Should Furnish the Return? SEC.8(a)  In the case of an individual, the return can be furnished by the person or any representative.  In the case of a minor, lunatic, etc., the return should be furnished by the guardian or manager.  In the case of a company, the return should be furnished by any competent person.  In the case of a family, the return should be furnished by the person in management.
• 11.
   Collection ofInformation by the Authorised Officer (Section 9) :  If a person fails to furnish the return or provides incorrect or incomplete information, the Authorised Officer can issue a notice.  The notice may require the person to furnish the return or provide additional particulars within a specified time.  Sec.9(2) empowers the authorized officer to obtain particulars either by himself or through some agency.
• 12.
  LAND BOARD  ChapterV of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 deals with the constitution and functions of the Land Board. Section 24 speaks about the constitution of the Tamil Nadu Land Board.  The Land Board consists of  (1) the Land Commissioner, ex-officio;  (i) the Chief Conservator of Forests, ex-officio;  (iii) the Director of Land Reforms, ex-officio;  (iv) two non-official members, nominated by the Government.  The member referred above will be the Chairman of the Land Board.  The term of office of a member is three years or such shorter period as the Government may fix. He is entitled for re-nomination. A member may resign his office by notice in writing to the Chairman. The vacancy will be filled by fresh nomination.
• 13.
   The LandBoard has the authority to grant permission for acquiring land in excess of the ceiling area if the land is interspersed among or contiguous to any plantation. Sec 24  Existing plantation owners who wish to acquire additional land for extension or ancillary purposes of their plantations must apply for permission from the Land Board.  The Land Board will conduct an enquiry and inspection of the land and plantation to determine if the land is indeed required for extension or ancillary purposes, grant permission. Sec 31  The permission granted should not exceed 20% of the total extent of the plantation.
• 14.
  The Land Boardhas the authority to cancel the permission granted under Sec 31 on specific grounds, including breach of specified conditions, using the land for purposes other than extension or ancillary purposes of the plantation, or obtaining permission through fraud or misrepresentation. The decision of the Land Board regarding permission granting, refusal, or cancellation is final and cannot be challenged in any court.
• 15.
  TAMIL NADU LANDREFORMS SPECIAL APPELLATE TRIBUNAL  The Chapter X-A of the Tamil Nadu Land Reforms (Fixation of Ceiling Land) Act 1961  Section 77(c) deals with constitution, appointment, qualification of the members of the Tribunal. The Government shall by Notification in the Tamil Nadu Government Gazette constitute the Special Appellate Tribunal for the purpose of this Act.  The Special Appellate Tribunal shall consist of:  (1) a Chairman,  (2) a Vice-Chairman and  (3) a member appointed by the Governor after the consultation with Chief Justice of High Court.
• 16.
   Terms andconditions of service: The Chairman, Vice Chairman and other members can hold the office for the period of five years and they are eligible for another term of five years. The Chairman and Vice Chairman can hold the office till the age of 65 years and members till the age of 62 years. The salaries and allowances are as prescribed by the Government.  Removal: The Chairman, Vice Chairman and the members cannot be removed before the expiry of the term but on the ground of proved misbehavior or incapacity, the Governor after an inquiry by a Special Tribunal can remove them after following prescribed Rules. The Special Tribunal should consist of three Judges of High Court, nominated by the Chief Justice.  Powers of the Special Appellate Tribunal: It shall have the same powers that are vested in a Civil Court under the Code of Civil Procedure, 1908 including the power to punish for contempt. Every order passed by the Special Appellate Tribunal shall be final and shall not be called in question in any Court except the Supreme Court as provided under Section 77G
• 17.
  CEILING LIMIT: The Actof 1961 in Tamil Nadu, also known as the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, establishes a limit on the maximum extent of agricultural land holdings that an individual or family can own and that may vary depending on factors. STANDARD ACRE: In The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act of 1961, the term "standard acre" is used to determine the extent of land held by an individual or family for the purpose of calculating the ceiling limit. The standard acre is a unit of measurement used to quantify the extent of land holdings.