The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.

1. The Tamilnadu Land Reforms (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 ceiling area 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 (14 points)
 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: declares that 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 ceiling on 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 ceiling area 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 areas in 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 Act overall 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 RETURN BY 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 of pending 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 of Information 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
 Chapter V 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 Land Board 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 Board has 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 LAND REFORMS 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 and conditions 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 Act of 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.