34.

The decision of the Land Board granting or Decision ot ref~lsing permission dnder 1 [section 3 11 or
cancelling - the Land Board to be permission under '[section 331 shall be final and shall no L be called in
question in any court.

CHAPTER fX:
EXEMPTIONS.
c

73. hpt as otherwi~e provided in sub-sections (2) Exernpti ns.

. and (3) of section 5 and in secticn 6, nothing ccntained
'

in this.,Actkshall apply to- ,I

iJ, ' J <r

(xii) any land &warded for gallantry to defence

personnel :
Pi-ovided that such lmd shall be exempt only for the
lifetiine of tht person to whom the award wi: s granted ;

90. If any parson wilfully contravenes my kwfd order mnalty for

passed under this Act or obstructs any person from lawfully
contraventaking
possession of any land under any of the provisions tion of any
of this Act, he shall be punishable with fine which may lam order.
extend to five hundred rupees.

(29) ''member of the Armed Forces" means a person

in the service of the Air Force, Army or Navy of the
union of ]lfidia and includes a seaman :
Provided thai if a questioo arises whether any
is a member of the Armed Fo~ces,u ch question
shall be decided by the Government and their decision
shall be final ;

(xihsuch other particulars as may be prescribed

1IExplanation I. -In the case of a member of the
Armed..@rees, the reference to ninety days shall be deemed
to be hq reference to one year.] –

'~Explanation.-In the case of a.member of the Armed Forces,

thr~ed *@bn der sub-section (2) shall be fmished within six months
after th'e Proclamation of EmergeticY has ceased to operate, or
wifhin . ninety days from the date of marriage or adoptior.,
whickever is later ".
I lThis section was inserted by section 2 (7), ibid.

PAGE 82”:

'This explanation was added by section 4 of the Tamil Nadu

Land Reforms (Fixation of Ceiling on Land) Amendment Act,
1979 (Tamil Nadu Act 11 of 19791, which was deemed to have come
into force on the 6th April 1960.
%This word was substituted for the word "compeflsation'"
by mion S(v)(c) of the Tamil Nadu Land Reforms (Fixation of
Ceiling on Land) Amendment Act, 1979 (Tamil Nadu Act 11 of
1g79), which was deemed to have come into force on the 20th Apd
1972.
8 ~l~ewsoer ds were substituted for the word "within sixty days*'
by setion 3(12) (i) (a) of the Tamil Nadu Land Reforms (Fixation
of Ceiling on Land) Fourth Amxdrnent Act, 1972 (Tamil Nadu
~~t 39 of 1972), which was deemed to-have come Into force on the
1st March 1972.
r The words "or within such further time not exceeding thirty
days authorized officer may in his discretion allow" wen
omitted by section 3 (1 2)(i)(b), ibid.
*~nypr oceeding taken or der passed under Tamil Nadn &
58 of 1961 and disposed of betwvn the 2nd May 1962 and the 27th
oCtober 1978 contrary to thc r-cvieiosq of the said Act as amended
by mion 4 of the Tamil Nadu Land Refcrms (Fixation of a&
on Land) ~mendment Act, 1979 (Tamil Nadu Act 11 of 1979)
rnpened fvithin a period of five years from the 27th
,978 and aisposed of in accordance with the propisions of the pa3
~~~da duAc t 58 of 1961 as so amended. PIease mion 9
of Tamil Nadu Act 1 1 of 1979.

Page 146:

TAME NADU ACT NO. 11 0%1979.*

THE TAMIL NADU LAND REFORMS (FIXATION
OF CEILING ON LAND) AMENDMENT ACT,
1979.
[Received the asselit of the President on the 21st March 1979,
fist published in theTamil Nadu Government Gazette
Extraordinary on the 22nd March 1979 (Panguni 8,
Kalayukti (2010- Tiruvalluvar Andu)). J
An Act further to amend the Tamil Nadu Land Reforms
(Fixation of Ceiling on Land) Act, 1961.
BE it enacted by the Legislature of the State of Tamil Nadu
in the Thirtieth Year of the Republic of India as follows :-
1. (1) This Act may be called the Tamil Nadu Land $art title
Reforms (Fixation of Ceiling on Land) Amendment Act, and wm-
1979. menocmtnt.
(2) It shall be: deemed to have come into for* on the
27th October 1978.
2. It is hereby declared that this Act is for giving effect Declaration.
to the policy ofthe State towa~ds securing theprincipies
laid down in Part IVYa nd in particular clauses (b) and
(6) of Article 39 and Article 46 of the Constitution. ,
3. In this Act " principal Act" means the Tamil Nadu Dehition,
Land Reforms (Fixation of Ceiling on Land) Act, 1961
Vamil Nadu Act 58 of 1961 1, as subsequently modified.
4-7. [The amendments ma& by these sections have already
been incorporated in the principal Act, namely, the Tamil
Nadu Land Reform (Fixation of Ceiling on Land) Act, 1961
(TamilNadu Act 58 of 1961).]
8. Notwithstanding anything contained in any judgment, Validatioa.
decree or order of any court or other authority, all acts
dam and proceedings taken by any officer or authority
under the: principal Act before the 27th October 1978, on
the basis,-
(a) that " person " referred to in sub-section (1) of
section 50 of the principal Act shall include family ; or
+ For Statement of Objects and Reasons, see Tamil Nadu
A-

Gopernment Gazette Extraordinaw, dated t hr 16th February

1979, part Iwection 1, Pages 25-26.
978 Land Reforms (Fixatiofi of (1979: T. N. Ad it I
Ceiling on Land) Amendment I
4

Cb) that the amount payable under sub-section (1) of

tho said section 50 in respect of any right, title or interest
in any land held by a family or deemed to be held by a
family under sub-section (2) of section 5 of the principal
Act, shall be determined in respect of the whole of such
right, title or interest of the family in such land as a unit,
whether such right, title or interest was held individually
or jointly by some or all of the members of that family,
shall, for all purposes be deemed to be, and to have always
been, validly done or taken in accordance with law, as if
section 4 of this Act had been in force at all material times
when such acts or proceedings were done or taken.
bring, 9. Any proceeding taken or order passed under the
principal Act which has been disposed of between the 2nd
May 1962 and the 27th October 1978, contrary to the
provisions of the principal Act, as amended by section
4 of this Act, shall be reopened and disposed of in accordance
with the provisions of the principal Act as so
amended 2 I
Provided that no mch proceeding or order, shall be
reopened under this section after the expiry of a period of
five years from the 27th October 1978.
Repeal and 10. (1) Th Tamil Nadu Land Reforms (Fixation of
saving. Ceiling c n Land Second Amendment Ordinance, 1978
(Tamil Nadu Ordinance 14 of 1978), is hereby repealed.
(2) Notwithstanding such repeal, anything dom or
any action taken under the principal Act, as amended by
the said Ordinance, shall be deemed to have been done
or taken under the corresponding provisions of the
principal Act as amended by this Act.
5.2.TENANCY LAWS The Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act 25/55)
This Act provides that no cultivating tenant shall be evicted from his holding except for non payment of
rent or doing any act which is injurious to the land or crops thereon, failure to cultivate the land, using
the land for any purpose other than agriculture or denial of the title of the land owner to the land. No
land can be resumed by the land owner (other than the persons belonging to armed forces) except on
the grounds mentioned above. Disputes between the land owner and tenants are being settled by the
Revenue Courts, presided over by Deputy Collectors. In the case of adverse seasonal conditions such as
drought and natural calamity like floods, the cultivating tenants were given relief from time to time by
postponing the collection by special enactment.