Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act 1961

The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act,

1961 was enacted with a view to reduce the disparity in the
ownership of the agricultural land and concentration of such land
with certain persons and to distribute such land among the landless
poor and came into effect on the 6th day of April, 1960.

Object of the Act

The object of the act has been stated in its preamble, that the
Constitution of India, under Article 39(b) and (c) lays down that the
State should in particular, direct its policy towards securing that the
ownership and control of the material resources of the community
are so distributed as best to subserve the common good and the
operation of economic system does not result in the concentration
of wealth means of production to the common detriment.

In State of Tamilnadu vs Narendra Dairy Farms (P) Ltd stated that

the land ceiling Act has been enacted to give effect to the Directive
Principles of State Policy in Article 39 of the Constitution.

This Act applies to whole State of Tamilnadu. This Act not applied to
lands held by existing religious institution or religious trust of public
nature.

Salient Features of this Act

1. This Act is a self-contained Code and deals with ceiling on land

holding in a comprehensive manner.
2. The ceiling area under this Act is 15 standard acres for every
family consisting of not more than five members and subject
to the maximum of 30 acres, where the family consists of
more than 5 members. Previously it was 30 standard acres for
a family subject to an overall ceiling of 60 standard acres. The
ceiling area is reduced to 15 acres
3. The Act fixes ceiling area for the educational institutions
ranging from 10 acres to 40 standard acres.
4. Trusts were exempted from the operation of the 1961 Act.
Later, a distinction was introduced in 1972 between Public and
Private trust and in the public trust between religious of public
in nature. Lands held by religious trusts of a public nature or
by religious institution are exempted from the operation of the
ceiling area. Land owned by a private trust is deemed to be
land owned by the beneficiaries under the trust.
5. The Act not only fixes the ceiling area but also prohibits to
hold land in excess of the ceiling area on or from the date of
commencement of the Act
 6. Special provisions have been made under for Cultivating
tenants who are holding land in excess of ceiling area of 5
standard acres.
7. Exemptions are granted to certain categories of land from
the operation of this Act.
8. S.96 states about the ceiling area is not affected because of
decrease in number of members in the family.
9. S.50 deals with the determination of amount payable for the
land acquired by the Government. For the surplus lands
notified before 27th October, 1978 compensation was being
determined on the basis of the net annual income from the
surplus lands. But after 17th October1978 the amount payable
is determined based on the Land revenue assessment.
10. S.37A and S. 37B enable industrial or commercial
undertakings or Public Trust to hold excess land for their
expansion.

Definition

Agriculture S.3(1) includes (a) horticulture,(b) the raising of crops,

grass or garden produce, (c) the use by an agriculturist of land held
by him, or part thereof, for grazing, (d) the use of any land for the
purpose of raising manure crops, (e) dairy farming, (f) poultry
farming, (g) livestock breeding, (h) growing of trees;

Ceiling area S.3(7) means the extent of land which a person is

entitled to hold under section 5

Family S.3(14) in relation to a person means the person, the wife or

husband, as the case may be, as such person and his or her -

i. minor sons and unmarried daughters, and

ii. minor grandsons and unmarried grand-daughters in the male
line, whose father and mother are dead.

In the case of persons governed by Hindu law, "minor sons" and

"minor grandsons" shall not include sons or grand-sons -

i. between whom and the other members of the family a

partition by means of a registered instrument has taken place;
or
ii. in respect of whose family properties a preliminary decree for
partition has been passed; before the notified date.
In the case of persons governed by Hindu law, "unmarried
daughters" and "unmarried grand-daughters" shall not include
"unmarried daughters" or "unmarried grand-daughters"-

i. in whose favour any land has been voluntarily transferred by

either of whose parents or grandparents on account of
natural love and affection; or
ii. in whose favour a preliminary decree for partition has been
passed before the notified date;

In the case of persons governed by any law other than Hindu law,
"minor sons", "unmarried daughters", "minor grandson", and
"unmarried grand-daughters" shall not include "minor sons",
"unmarried daughters" "minor grand-sons" and "unmarried grand-
daughters"-

i. in whose favour any land has been voluntarily transferred by

either of whose parents or grandparents on account of natural
love and affection; or
ii. in whose favour a preliminary decree for partition has been
passed; before the notified date;

Land S. 3(22) means agricultural land, that is to say, land which is

used or capable of being used for agricultural purposes of purposes
subservient thereto and includes forest land, pasture land,
plantation and tope, but does not include house-site or land used
exclusively for non-agricultural purposes;

Stridhana Land S. 3(42) means any land held on the date of the
commencement of this Act by any female member of a family on
her own name

Standard Acre S. 3(40) means-

3. in any area in the State except the transferred territory-

a. 0.8 acre of wet land assessed to land revenue at any
rate above Rs.15 per acre; or
b. 1 acre of wet land assessed to land revenue at the rate
of Rs.10 and above but not exceeding Rs.15 per acre; or
bbb. 1.6 acres of wet land irrigated by any
Government source other than a source
mentioned in item (a); or
c. 1.2 acres of wet land assessed to land revenue at the
rate of Rs. 8 and above but below Rs. 10 per acre; or
 d. 1.6 acres of wet land assessed to land revenue at the
rate of Rs. 6 and above but below Rs. 8 per acre; or
e. 1.75 acres of wet land assessed to land revenue at the
rate of Rs. 4 and above but below Rs. 6 per acre; or
f. 2 acres of wet land assessed to land revenue at rate the
below Rs. 4 per acre; or
g. 2.5 acres of dry land assessed to land revenue at the
rate of Rs. 2 and above per acre; or
h. 3 acres of dry land assessed to land revenue at the rate
of Rs. 1.25 and above but below Rs. 2 per acre; or
i. 4 acres of dry land assessed to land revenue at any rate
below Rs, 1.25 per acre.
4. in the Kanyakumari district-
a. 1 acre of registered wet land irrigated by any source
forming part of or benefited by, any project; or
b. 1.2 acres of registered dry land irrigated by any source
mentioned in item (a); or
bbb. 1.6 acres of dry land irrigated by any
Government source other than a source
mentioned in item (a); or
c. 1.6 acres of dry land irrigated by any Government
source other than a source mentioned in item (a); or
d. 4 acres of dry land unirrigated by any source mentioned
in item (a) or by any other Government source of
irrigation.
5. in the Shencottah taluk of the Tirunelveli district-
a. 1.2 acres of wet land irrigated by any river or stream or
by tank fed by any river or stream;
b. 1.6 acres of wet land irrigated by any Government
source other than a source mentioned in item (a); or
c. 2 acres of dry land irrigated by any Government source;
or
d. 4 acres of dry land unirrigated by any source mentioned
in item (a) or by any other Government source of
irrigation;

Land revenue S. 40 (1) shall mean

i. in the case of any land in respect of which a ryotwari

settlement is in force on the date of the commencement of
this Act, the ryotwari assessment payable on that date;
 ii. in the case of any inam land, on which full assessment of
revenue has been levied under the Tamil Nadu Inams
(Assessment) Act, 1956(Tamil Nadu Act XL of 1956), such
assessment;
iii. in the case of any land other than an inam land referred to in
clause (ii) in respect of which a ryotwari settlement is not in
force on the date of the commencement of this Act, but is
brought into force after that date but before the date of
publication of the draft statement under sub-section (5) of
section 10, the ryotwari assessment payable under such
settlement after it is brought into force;
iv. in the case of any land in respect of which a ryotwari
settlement effected in pursuance of section 22 of the Tamil
Nadu Estates (Abolition and Conversion into Ryotwari) Act,
1948 (Tamil Nadu Act XXVI of 1948) has not been brought into
force before the date of publication of the draft statement
under sub-section (5) of section 10, or in the case of any inam
land, the land revenue notified by the Government in this
behalf with due regard to the highest rate of ryotwari
assessment payable for any land of a similar description and
with similar advantages in the nearest ryotwari village:

Provided that no notification shall be issued under this clause,

unless the persons likely to be affected by such notification are
given a reasonable opportunity to make representation and adduce
evidence in respect of the rates proposed to be specified in the
notification:

Provided further that the land revenue notified by the Government

under this clause shall not be modified notwithstanding that a
different rate of assessment is fixed under-

i. any settlement that may be brought into force; or

ii. the [Tamil Nadu] Inam (Assessment) Act, 1956 (Tamil Nadu
Act XL of 1956);

In sub-clauses (2) and (3) of clause (40) "wet land" and "dry land"
shall include inam wet land and inam dry land respectively.

In sub-clause (2) of clause (40), "project" means any of the following

irrigation systems, namely:-

i. Kodayar project system proper;

ii. (a) Pazhayar System, (b) Valliar system, (c) Thirparappu Right
Bank Channel and Left Bank Channel system, (d)
Champakulam system, (iii) Alathuraiyar system
In any area in the State except the transferred territory, one acre of
dry land-

a. irrigated by direct flow of water from any Government source

of irrigation supplying water-
i. for two crops and above, shall be deemed to be
equivalent to one acre of wet land assessed to land
revenue at the rate of Rs. 8 and above but below Rs. 10
per acre.
ii. for only one crop, shall be deemed to be equivalent to
one acre of wet land assessed to land revenue at the
rate of Rs. 4 and above but below Rs. 6 per acre.
b. irrigated by lifting water from any Government source of
irrigation shall be deemed to be equivalent to one acre of wet
land assessed to land revenue at the rate of Rs. 4 and above
but below Rs. 6 per acre:

Provided that the Government may, in respect of any particular

area, by notification, direct that one acre of dry land irrigated from
any Government source of irrigation shall be deemed to be
equivalent to any specified extent of any of the categories of land
specified in sub-clause (1) of clause (40) on the ground of quality of
the soil or on any other ground:

Provided further that such notification shall not come into force
unless it is approved by the Legislature.

Where the land held by a person consists of more than one of the
kinds of the land specified in clause (40), the extent of the land held
by him shall, for the purpose of this Act, be reduced to standard
acres calculated according to the proportions specified in clause
(40);

Fixation of Ceiling on Land Holdings S.5 – S.1 As per 1961 Act S.5

PERSON / FAMILY

30 standard
Family consisting of not more than 5 members
acres

5 standard
For each additional member
acres

40 standard
Overall ceiling area
acres
 ADDITIONALLY STRIDHANA LAND

Female members holding land on the date of 10 Standard

commencement of the Act Acres

As per Amendment Act 1971

Family consisting of not more than 5 members

For each additional member

a) Person
or Family Overall ceiling area

ADDITIONALLY STRIDHANA LAND

Female members holding land on the date of commencement

of the Act

b)
Industrial / Commercial undertaking
Companies

c) Public
Charitable
Trust

Any College affiliated to or recognised by any University under

any law or rule relating to education.

Any High School or equivalent school recognised by the

Government or University under any law or rule relating to
education.

Any Elementary School or Higher Elementary School or other

equivalent institution recognised by the Government under any
law or rule relating to education.

Any Student's Hostel.

Any Polytechnic Institution

 Any Agricultural School

Any Orphanage.

Illustrations

a. An undivided Hindu family consists of husband A, his wife and

his three sons B, C and D and the wife of B and grandsons E
and F. B is a major and C and D are minors. E and F are the
minor sons of B. The extent of land held by the undivided
Hindu family is 40 standard acres, that is to say, A's share and
the share of his sons in the land held by the undivided Hindu
family is 10 standard acres each. A's wife has 15 standard
acres of stridhana land and B's wife has 10 standard acres of
stridhana land.

For the purpose of ceiling A's family and B's family will each
constitute a separate [section 3(14)].

As family consists of himself, his wife and his minor sons C and
D. If the share of A in the land held by the undivided Hindu
family, namely, 10 standard acres is included within the 15
standard acres allowed under sub-section (1) of section 5, the
wife's stridhana land to the extent of 5 standard acres may be
included to make up 15 standard acres [section 5(4)]. [The wife
can hold, in addition, 5 standard acres as stridhana land. All the
members of A's family wall, therefore, be together entitled to
hold 20 standard acres and the remaining 25 standard acres
will be treated as surplus land.

B's family consists of himself, his wife and his minor sons E and
F. If the stridhana land of B's wife, namely, 10 standard acres is
included within the 15 standard acres allowed under sub-
section (1) of section 5, the share of B and his sons in the land
held by the undivided Hindu family to the extent of 5 standard
acres maybe included to make up 15 standard acres [section
5(4)]. All the members of B's family will, therefore, be together
entitled to hold 15 standard acres and the remaining 5
standard acres will be treated as surplus land.

b. A family consists of husband and his wife. The husband is a

member of an undivided Hindu family and his share in the
land held by the undivided Hindu family is 10 standard acres.
The wife has stridhana land of 10 standard acres. If the entire
stridhana land of 10 standard acres held by the wife is
 included within the 15 standard acres allowed under sub-
section (1) of section 5, then, an extent to 5 standard acres of
the share of the husband in the undivided Hindu family may
be included to make up 15 standard acres. 5 standard acres
will be treated as surplus land and the wife is not entitled to
hold any additional extent of stridhana land [section 5(4)].

But, if the 10 standard acres which is the share of the husband

in the undivided Hindu Family is included within the 15
standard acres allowed under sub-section (1) of section 5, then,
an extent of 5 standard acres of stridhana land of the wife
could also be included to make up 15 standard acres. The wife
may retain additional 5 standard acres of stridhana land
[section 5(4)]. There will be no surplus land.

c. A Muslim family consists of the husband, his wife and his two
minor sons. The wife has 15 standard acres of stridhana land
and the minor sons have no property. The husband has 25
standard acres. If the entire extent of land which the family is
entitled to hold under sub-section (1) of section 5 consists of
the land owned by the husband only, then, the wife can hold
additional 10 standard acres [section 5(4)]. The remaining 15
standard acres will be treated as surplus land.
d. A Christian family consists of the husband, his wife and his
two minor sons. The husband, and the minor sons have no
property. The wife has stridhana land of 20 standard acres.
The family can retain 15 standard acres. The remaining 5
standard acres will be treated as surplus land and the wife is
not entitled to hold any additional extent of stridhana land
[section 5(4)].

Ceiling on Holding Land

Section 7 of the Act, provided that no person shall on from the date
of commencement of the Act, hold lands in excess of the ceiling
area, there is no provision for any automatic vesting of the surplus
land in the Government.

Preparation and Publication of Statement

Section 8 to 17 of the Act deals with furnishing of return, collection

of information, preparation and publication of draft and final
statements and other related matters

1. Furnishing of Return By Persson Holding Land In

Excess of the Ceiling Area : S. 8 of the Act deals about the
furnishing of a return by the person who is holding land in
 excess of the ceiling area should furnish a return within 30
days from the notified date to the Authorised Officer in whose
jurisdiction the land is situated. The return should contain the
following particulars:
i. Particulars of all the land;
ii. Particulars of the members of the family and of the
stridhana land held by the female member of the family;
iii. Particulars of any interest either in the land held by a
Trust or in the income from such land reserved in his
favour or in favour of any member of his family;
iv. Particulars of land-
a. Interspersed among plantation, or
b. Contiguous to any plantation
v. Particulars of the encumbrance if any, with the name
and address of the creditor;
vi. Particulars of pending litigation if any, respecting the
land;\
vii. 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;
viii. Particulars of land held by tenant, if any and the name
and address of such tenant; and
ix. Such other particulars as may be prescribed.
2. Who Should Furnish The Return
a. An individual the return should be furnished by him or
any person on his behalf
b. If minor, lunatic etc., it should be by the guardian or
manager
c. In case of company, the return should be furnished by
any competent person
d. In case of family, the return should be furnished by the
person who is in management
2. Collection of Information By The Authourised Person

Section 9 of the Act states about a person to furnish the

return, fails to furnish the return or furnishes incorrect or
incomplete return, the Authorised Officer may by notice require
such person to furnish return or the additional particulars
within 30 days of time.

This section also empowers the Authorised Officer to obtain

particulars either by himself or through agency where, any
person fails to furnish the return or the additional particulars
 inspite of the notice by the Authorised Officer. After obtaining
the particulars, he will give an opportunity to the person to
make any representation. In case the Authorised Officer finds
from the return, that the person concerned despites to hold
any land interspersed among plantation or any contiguous to
any plantation, he will forward a copy of return to the Land
Board to grant permission under section 31.

4. Preparation and publication of draff statement

Section 10 of the Act states about preparation and publication

of draft statement as regards lands in excess of the ceiling
area. After the return furnished by person or collected by the
Authorised Officer, under section 8 and 9 after making an
enquiry if necessary, the Authorised officer will prepare a draft
statement with respect to the land held in excess on the ceiling
area- section 10. The draft statement shall contain the
following particulars namely,

i. The name and address of the person

ii. Particulars of all land held by such person and of the total
extent of such land
iii. Particulars of the members of the family and of the stridhana
land held by the female member of the family;
iv. Particulars of any interest either in the land held by a Trust or
in the income from such land reserved in his favour or in favour
of any member of his family;
v. Particulars of land-
a. Interspersed among plantation, or
b. Contiguous to any plantation and land to which the
person desires to hold for extension or ancillary purposes
of the plantation
vi. Particulars of the encumbrance if any, with the name of the
creditor;
vii. Particulars of the land which such person desires to retain
within the ceiling area
viii. The extent of the ceiling area of the person
ix. Particulars of the land which may be comprised within the
ceiling area
x. Particulars of the land held by the tenant and his name and
address
xi. Particulars of the proposed land to be declared as surplus land
and
xii. Such other particulars may be prescribed
 M. K. Harihara Iyer vs Authorised Officer, Land Reforms

The Court held that under S. 10, the Authorised Officer has to
take into account only those members of the family as are
covered by the definition under S.3(14). The same procedure is
followed for the purpose of calculating the ceiling area of any
other family.

Land to be retained by the person with his ceiling area

S. 10(3) and S. 10(4)

If any person fails to specify his desires to retain the kind within
the ceiling area. Authorised Officer himself as far as practicably
specify in the draft statement, the land which is capable of
easy and convenient.

If any person has specified the particulars of the will as far as

practicable declare the same land as comprised within his
ceiling area.

The declaration subject to conditions (1) in the opinion of the

authorised officer, the utility of any land held by any person
has been diminished by any wilful act of such person, he will
declare such land as comprised within his ceiling area. (2)
likewise, he will declare the share of any person in the land
held by agricultural company, a co-operative society or a
mortgage bank as comprised within the specified are, (3) the
authorised officer will see that the proposal to declare as
surplus area is capable of easy and convenient enjoyment.

Ramasamy Gounder vs Authorised Officer under section

19(4) of the Act, if any person has specified the particulars of
the land which he desires to retain within his ceiling area, the
authorised officer shall as far as practicable but subject to the
provision of the Act, declare the same land comprised within
his ceiling area.

Where the transfer of any land has been declared to be void

under section 22 and where the extent of the land so
transferred is in excess of the ceiling area of the transferor, the
land so transferred shall be included within the ceiling are of
the transferor in the following order of preference ;

xiii. Land transferred to a person who has landless immediately

before the date of such transfer and who was not related to the
transferor or any member of his family
xiv. Land transferred to a cultivating tenant who was cultivating the
land immediately before the date of such transfer
 xv. Land transferred to a person who has not related to the
transferor orr any member of his family and
xvi. Land transferred to others

Section 5(10) lays down the procedure to publication of the

draft statement and service there of;

xvii. Person concerned

xviii. Tenants
xix. Creditors and
xx. Other person who in the opinion of the authorised officer

5. Publication of final statement

The publication of the final statement by the authorised officer

stated under section 12 of the Act. The authorised officer after
the disposal of the objection if any and after passing the order
will make necessary alterations in the draft statement and
declare the surplus land held by each person. Thereafter, the
authorised officer will publish a final statement .

In calculating the extent of the land held by any person, the

authorised office will exclude (a) the land in respect of which
any question of title is pending before the competent Court or
the Land Tribunal or the Special Appellate Tribunal or other
authority and (b) the land in respect of which the question
whether such land could be permitted to be used for the
extension or for ancillary purposes, of the plantation in
existence on the date of the commencement of the
Act(Section 13) in any area is pending before the Land Board.

6. Rectification of bonafide mistake and clerical error

Section 15 empowers the authorised officer either his own

motion or on the application of any of the parties to make
necessary correction with respect to bonafide mistake that
has crept in final statement.

Section 16 and 17 of the Act states about possession of land

held by any possessory mortgage and tenant which is in
excess of the ceiling area such will be revert back to the
possessor mortgagor or land owner.
Acquisition of Surplus Land Section 18

The Government, after the publication of the final statement will

publish a notification to the effect that the surplus land is required
for public purpose. Soon after publication, the authorised officer
publish the notification in every village or town in which any part of
the land specified in such notification is situated.

He will send the copy of the notification to the person concerned,

the creditors and persons whose names appear in the final
statement.

On the publication of the notification, the land specified in the

notification along with all the things attached to earth will pass to
the Government. The lands together with the trees standing on such
land and builds and machinery, plant, apparatus, wells, filter points
and power lines, constructed, erected or fixed on such land and
used for agricultural purposes are deemed to been acquired for a
public purpose and vested in the Government free from all
encumbrances with effect from the date of such publication and all
right, title and interest of all persons in such land, will with effect
from the said date, be deemed to have been extinguished.

In case of standing crop in land on the date of publication, the

authorised officer may permit the harvest of crop by person who
raised such crop. At any time after the publication of the notification
the authorised officer will take the possession of the land.

Government may make rules on (a) specifying the classes of tenants

who may be allowed to continue in the possession of kind; and (b)
permitting any co-operative society or land mortgage bank or any
agricultural company to continue in possession of the land.

This section also empowers the Government modify or cancel the

notification in certain cases.

Penalty For Futre Acquisition S. 20

If any transfer of land either by sale, gift, exchange, surrender,

agreement, settlement or otherwise effected on or after the notified
date, the extent of land held by the transferee exceeds the ceiling
area, then the right, title or interest accured in his favour by virtue
of such transfer in the land in excess of the ceiling area shall, as
penalty for the contravention of the provision of S.7.

When Partition and Transfer is Valid?

S.21A states that when partition or transfer is valid - (a) any person
has effected by means of a registered instrument a partition of his
holding or part thereof; or (b) any parent or grand-parent has
voluntarily transferred any land on account of natural love and
affection to any minor son, unmarried daughter minor grand-son, or
unmarried grand-daughter in the male line; or (c) any person has
voluntarily transferred any land- (i) to any educational institution;
or (ii) hospital, of a public nature solely for the purposes of such
institution or hospital; such partition or transfer shall be valid. It is
evident from this, that the order to a partition or transfer is to be
valid, the following conditions are to be fulfilled

7. The transaction must be between the date of the

commencement of the Act and the notified date
8. The partition must be registered instrument
9. It must be a gift made out of love and affection by the parent
or grandparent to any minor son, unmarried daughter, minor
grandson or unmarried grand daughter in the male line
10. It must be gift of land to any educational purpose or
hospital of a public nature
11. The transaction may be partition or valid transfer
12. In the case of transfer to such educational institution or
hospital, this should absolutely vest with the educational
institution or hospital and the entire income should be
appropriate for the institution or hospital

When Transfer or Partion is Void? S. 22

Any transfer bonafide executed or not, is liable to be declared void

by the authorised officer, if he finds that the transfer defeats any
provisions of the Act. The aspect are (1) there must be a transfer
like sale, gift, exchange, surrender or settlement or partition (2) it
must have taken place during the period mentioned in the section
(3) it must have the effect of defeating any of the provision of the
Act.

Land board s. 24

The Land Board consist of

0. The Land Commissioner, ex-officio;

i. The Chief Conservator of Forests, ex-officio
ii. The Director of Land Reforms, ex-officio
iii. Two non-official members, nominated by the Government

The member referred above will be the Chairman of the Land Board
and shall be Gazetted Officer nominated by the Government.
However, he is not entitled to vote.
The term of office of a member is 3 years or such shorter period as
the Government may fix. He is entitled for re-nomination. If any
member absents himself from the meetings of the Board for a
period of 3 consecutive months or number of meetings is deemed to
have vacated his office. A member may resign his office by notice in
writing to the Chairman. The vacancy will be filled by fresh
nomination.

Power To Rectify Mistakes S.36

The Land Board has power to make necessary correction where a

bonafide mistake has been occurred. So also it can correct any
clerical or arithmetical mistake in its decision.

Amount Payable For The Land Acquired

4. Determination of the amount S.50

5. Claims of mortgagee, charge holder, limited owner and
maintenance holder in surplus land S.51,52
6. The claims of maintenance holder S.53
7. Mode of payment of amount S.55

Special Provisions For Cultivating Tenants

8. Furnishing of returns
9. Taking possession of Land
10. Government to pay rent
11. Distribution of possession of land
12. No claim against Government for the arrears of rent
13. Right to resumption by the land owners
14. Acquisition by lease of any land in excess of the ceiling
area
15. Exemption under the Act

Land Tribunals

The Land tribunals constitution, powers and jurisdiction stated in

S.76, 76A and 77 of the Act. The Land Tribunal will consist of only
member who is an officer not below the rank of District Revenue
Officer.

The Land Commissioner has power to transfer an appeal pending

before a Land Tribunal to another Land Tribunal.
Each Land Tribunal shall have the powers as are vested in Civil
Court under the code of Civil Procedure 1908. The Land Tribunal is a
single member body under the administrative control of the land
board. The High court has got revisional jurisdiction over the Land
Tribunal order.

Tamilnadu Land Reforms Special Appellate Tribunal

The hierarchy of the Tribunals is constituted by invoking Article

323B-3(a) of the Constitution of India. The following are constituted
under this Act.

16. Authorised Officer s.3(5)

17. The Tamilnadu Land Board S.24
18. Land Tribunal S.76
19. Land Commissioner S.97
20. Tamilnadu Land Reforms Special Appellate Tribunal
S.77(c)

Constituted for adjudication or trial of any dispute or complaint with

respect to land reform matters arising under this Act.

Constitution of Tamilnadu Land Reforms Special Appelate Tribunal

The special Appellate tribunal shall consist of

21. Chairman
22. Vice-chairman
23. Members appointed by the Governor after the
consultation with the Chief Justice of High Court

Qualification

x. The Chairman of Tibunal must be Judge of High Court or must

be a person who held the office of Vice-Chairman for at least 2
years
y. Vice-Chairman must be a person qualified to be Judge of a
High court or has been an Officer of Government not below
the rank of Special commissioner or Secretary to the State
Government for period of not less than 2 years or has been
Secretary to Law Department for period of not less than 2
years or has been member of the Tribunal for the period of 3
years.
 z. Judicial-member he must be qualified to be Judge of a High
Court or has been the Secretary to Government, Law
Department for a period of not less than 2 years
aa. Administrative member he must be an Officer not below
the rank of Commissioner and Secretary to the Government
and has dealt with land reform measures during his service for
a period of not less than one year in the aggregate

Terms and Condition of Service

The Chairman and Vice-Chairman and other members can hold the
office for the period of 5 years and they are eligible for another 5
years. They can hold office till the age of 65 years and members till
the age of 62 years. The salaries and allowances are prescribed by
the Government.

Removal

The Chairman and Vice-Chairman and other members cannot be

removed before the expiry of the term but on the ground of proved
misbehaviour or in capacity, the Governor after an inquiry by a
Special Tribunal can remove them after following prescribed rules.
The Special Tribunal should consist of 3 Judges of High Court,
nominated by the Chief Justice.

Powers of The Special Appelate Tribunal

It shall have the power as are vested in civil court under CPC 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.