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Demand No.41 - Revenue Department Demand No.51 - Relief on Account of Natural Calamities
REVENUE DEPARTMENT POLICY NOTE 2010-2011 Index Chapter No. I II Contents Introduction Revenue Administration, Disaster Management and Mitigation Department 1. Revenue Administration 2. Social security schemes 3. Redressal of Public Grievances 4. Natural Calamities and Disaster Management Land Administration 1. Land Assignment 2. Land Lease, Transfer & Alienation 3. Eviction of Encroachments 4. Land Acquisition Survey & Settlement 1. Survey 2. Settlement Land Reforms 1. Land Reforms and Ceiling 2. Tenancy Laws 3. Tamil Nadu Agricultural Labourers Welfare Board 4. Urban Land Ceiling & Urban Land Tax Pages 1-5
7-15 15-20 20-25 25-40 41-47 48-51 51-53 53-56 57-64 64-68 69-74 75-79 79-83 83-90
III
IV
CHAPTER - I INTRODUCTION The Land Revenue had been the main source of revenue for the State since the Sangam age. The Land tax had been levied based on the type of the Land and the crop yield. At times, when the land tax was levied exorbitantly the scholars and the poets had played the advisory role by pointing out the defects to the King and had set the Government on the right path. It is pertinent to note that even in the Sangam age, the poet Piciranthaiyar had given advice to the Pandia King Arivudai Nambi about the taxation system in his poem in 'Pura Nanuru' Cut the paddy corn When it is ripe, And make it into balls of rice, And the yield of a small field, Barely a fraction of a cent, Will feed an elephant For many a day
2 But if the brute Should step into a field, And trampling eat, Even a hundred acres Will not serve, For the feet will spoil More than the mouth could eat. So, if a wise king Levies his taxes justly, His kingdom will yield him millions, And will greatly prosper as well. "An elephant can be fed for many days if the paddy grown even in a single 'Maa' of land (a fraction of an acre) is cut and balls of rice is made properly. But if the elephant enters itself into the field, even if the Land is very large, then the paddy trampled by the elephant will be much more than the paddy actually consumed by the elephant. Similarly, if a wise King collects tax from the people following the ethics of taxation then the nation will develop through accumulation of wealth in crore."
3 But during the British Colonial Rule ethics of taxation was given up and the tax was increased upto half of the yield following the 'Half-net-principle' with the sole aim of increasing the revenue. As a result Ryots were affected severely. Subsequently, though the 'Ryotwari Settlement' was introduced by abolishing the system of tax collection through 'Zamindars' and 'Poligars'; it did not ameliorate the burden of tax on Ryots. With the establishment of the Democratic Government after Independence, a number of land reforms acts were enacted and various public welfare measures were
introduced. In the changed situtation, land tax came to be treated not as a source of revenue for the State, but as yet another documentary evidence of rights and ownership of the pattardars and users of the land. The Tamil Nadu Government which is pioneer in the Country in implementing land reform measures and various public welfare measures, brought out a major reform last
4 year in the land revenue assessment in the interest of farmers. The Government simplified the procedure and
drastically reduced the land revenue for the wet land from Rs.50 to Rs.5 per acre and for dry land from Rs.15 to Rs.2 per acre and this nominal land revenue is being collected from the Fasli Year 1419, providing greater happiness to the farmers. Thus with the passage of time, Revenue Department came to be treated not as a department earning Revenue for State but as a 'Public Administration' Department maintaining Law and Order at the District Level besides implementation of various important schemes and Land Administration and Land reform measures. Further this Department acts as 'a friend in need' for the people by mitigating the sufferings of the people whenever they are affected by natural calamities like cyclone, heavy rains, flood, earth quake, drought, land slide and Tsunami.
5 In Revenue Department, at the State level, the works are monitored by the Heads of Departments (i.e.,)
Commissioner of Revenue Administration, Commissioner of Land Administration, Commissioner of Land Reforms and Commissioner of Survey and Settlement. At the district level, under the leadership of the District Collector, revenue functions are discharged by various functionaries including District Revenue Officers, Revenue Divisional Officers,
Tahsildars,
Revenue
Inspectors,
Village
Administrative
Management Techniques, Digitisation of Field Maps, Web based services, Touch Screen KIOSKS and Common Service Centres Revenue Department continues to serve the public effectively.
8 six new Firkas have been formed during 2009-2010 as mentioned below:New Revenue Divisions 1. Udumalaipettai 2. Tambaram New Taluks 1. Tiruverumbur 2. Kuthalam 3. Kurinjipadi 4. Kadavur 5. Madavaram 6. Madathukulam 7. Alandur 8. Sholinganallur 9. Ambur New Firkas 1. Chitlapakkam 2. Madambakkam 3. Pammal 4. Pallavaram 5. Sholinganallur 6. Medavakkam Situated in District Tiruppur Kancheepuram Tiruchirappalli Nagapattinam Cuddalore Karur Tiruvallur Tiruppur Kancheepuram Kancheepuram Vellore Kancheepuram Kancheepuram Kancheepuram Kancheepuram Kancheepuram Kancheepuram
Besides this Athur and Dindigul Taluks in Dindigul District have been reorganised, by annexing comprising the of
Athur
9 villages in Coimbatore (South) Taluk have also been reorganised into Ikkaraipoluvampatti and Semmedu Villages. At present there are 32 Districts, 76 Revenue Divisions, 220 Taluks, 1127 Firkas and 16564 Revenue Villages in the State.
vacant
posts
in
Revenue
From the year 2001 to 2005, the vacant posts of Assistants, Junior Assistants, Typists, Steno-Typists coming under Ministerial service and other posts such as Drivers, Office Assistants, Watchmen and Telephone Operators could not be filled up by this Department in view of the ban orders for direct recruitment. Consequent on the lifting of ban
orders by the Government in 2006 Revenue Department issued orders to fill up as many as 8165 posts under various categories through Tamil Nadu Public Service Commission and other sources, out of which 4971 posts have been filled up. Effective action is being taken to fill up the remaining vacancies.
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11
new buildings, additional office buildings, residential places and other infrastructural needs including repair of revenue buildings are assessed and the required assistance is being provided by the Government.
Collectorate
housed
in
12 Government
buildings.
The
Government have sanctioned Rs.25 Crore for reconstruction of Collectorate and other Government Offices at Salem. The works are in progress and likely to be completed by September 2010. For the new Collectorate of Ariyalur District Government have sanctioned Rs.12.88 crores and the work is in progress. The Government have also sanctioned Rs.12.00 crore for construction of new Collectorate of Tiruchirapalli and the work is likely to be completed by April 2011. The Collectorate of the newly created Tiruppur District, is now functioning temporarily in the Tiruppur Cotton Market Buildings and the selection of site for Master Plan Complex will be finalised shortly.
Government buildings. The Government have sanctioned a sum of Rs.85.25 lakh for the construction of office building for the newly formed Harur Revenue Division and the work
13 will be completed by June 2010. For the remaining 2 newly formed Tambaram and Udamalaipettai Revenue Divisions suitable sites will be selected shortly for construction of new buildings.
Of the 1127 Revenue Inspectors, 1099 Revenue Inspectors have been provided with Office-cum-Residential Quarters. For the remaining 28 Revenue Inspectors, the
14 District Collectors have been requested to select suitable sites and send proposals for construction of buildings.
certificates, which are required by the public for various purposes:(i) (ii) (iii) (iv) (v) (vi) (vii) Community Certificate Nativity / Residential Certificate Income Certificate Nationality Certificate Legal Heirship Certificate Solvency Certificate Birth / Death Certificate
15 Destitute Widow Certificate Inter-caste Marriage Certificate Certificate Regarding Loss of School Certificate Deserted Women Certificate Consolidated Certificates for getting Assistance by unemployed persons 'No Graduate in the family' certificate Family in indigent condition certificate
Centrally assisted Scheme 1 Indira Gandhi National Old Age Pension Scheme (From 19.11.2007)
State Schemes 1 Destitute Physically Handicapped Pension Scheme (From 1.11.1974) 1,08,335
16 Sl. No. 2 3 Name of the Scheme Destitute Widows Pension Scheme (From 1.6.1975) Destitute Agricultural Labourers Pension Scheme (From 15.3.1981) Destitute/Deserted wives Pension Scheme (From 25.4.1986) Pension to Un-married poor women of age 50 years and above (From 1.7.2008) Total No. of beneficiaries (as on 31.3.2010) 6,30,128 1,89,348
1,03,010
11,860
19,61,750
The Special Tahsildar (Social Security Scheme) is the coordinating officer at Taluk level who coordinates these scheme activities. The Pension amount is disbursed to the beneficiaries through Money Orders. The Government of India have launched two new pension schemes on 19.2.2009 viz., Indira Gandhi National Widow Pension Scheme (IGNWPS) and Indira Gandhi National Disability Pension Scheme (IGNDPS) in addition to the above mentioned schemes. Necessary guidelines have
17 been issued to the District Collectors by the Social Welfare Department. Dhoties and Sarees are distributed to the pensioners twice a year during Pongal and Deepavali Festivals. During this years Pongal festival 14,52,413 sarees and 4,66,556 dhoties were distributed to the Pensioners. The beneficiaries are permitted to draw rice, free of cost at the following scales:i) 4 Kgs. of fine variety rice per head per month for those who do not take meals at the Nutritious Meal Programme Centers. ii) 2 Kgs. of fine variety rice per head per month for those who take meals at the Nutritious Meal Programme Centers.
18 to Rs.15,000/- is granted as relief to the workers, who sustain injuries or physical impairment depending upon the nature of injuries. This scheme is also covered by the National Social Assistance Programme and out of Rs.15,000/, the Central Governments share is Rs.10,000/- and the State's share is Rs.5,000/-. During the financial year 2009-2010, 443 persons have benefited under this scheme.
19
2.9
facilitate improvement of their knowledge base, this scheme was introduced by the Government in the year 2006. This scheme is being implemented effectively.
20 Government have issued orders for the procurement of 1 Crore 52 Lakh and 80 Thousand Colour Television Sets in five phases. So far 1 Crore 12 Lakh and 37 Thousand sets have been distributed and the remaining 40 Lakh and 43 Thousand sets will be distributed before the end of this year.
aim of redressing the grievances of the public in a speedy and effective manner. Under this programme District
Collectors, District Revenue Officers, Revenue Divisional Officers, accompanied by officials of various Government Departments, visit the Villages in their jurisdiction every month and redress the grievances put forth by the public on the spot. Villages are selected for the conduct of this
Programme in rotation. The programme is conducted on the second Wednesday of every month, after proper
21 (ii) Public Grievance Day This Public grievance day is being conducted every Monday by the all the District Collectors since 1986 throughout the state. The District Collectors receive the petitions from the public, hear their grievances in the presence of officials of Revenue and other departments and initiate necessary action for the redressal of grievances of the public. (Monday) The petitions received on the Grievance Day are immediately forwarded to the officials
concerned for necessary action. A white card is issued to the petitioners as a receipt for the petitions received. The progress in the disposal of these petitions is closely monitored by the District Collectors. (iii) Petitions received by Honourable Ministers,
22 and the Members of Legislative Assembly during their visits to their constituencies are given priority and forwarded to the respective District Collectors for necessary action. The petitions received by the District Collectors are sorted out Legislative Assembly / Parliament Constituency wise and recorded in the special registers maintained for each of the constituencies and the petitioners are replied about the action taken.
Chairmanship of Principal Secretary / Commissioner of Revenue Administration for simplifying the present
cumbersome system of assessment of Land Revenue and village accounts. In anticipation of the report of the Committee, the Government simplified and drastically reduced the Land
23 Revenue and fixed at Rs.2/- per acre for dry land and at Rs.5/- per acre for wet land and also eliminated other levies such as Local Cess and Local Cess Surcharge etc., from the Fasli Year 1419.
24
country. The NPR will be a comprehensive identity database that would help in better targeting of the benefits and services under the Government schemes / programmes, improve planning and help strengthen security of the country. This is being done for the first time in the country. The NPR would have the data of every person enumerated during the Census operations irrespective of age. It would also have the biometric data and Unique
25 Identity Number (UID) of every person of age 15 years and above. National Identity Cards will be given in a phased manner to all usual residents. The issue of Cards will be done in Coastal Villages to start with. After this the coastal Towns will be covered and so on till the entire country is covered. In the State of Tamil Nadu 225 villages from 12 Coastal Districts namely Kancheepuram, Tiruvallur, Villupuram,
Kanniyakumari have been taken up initially for the creation of National Population Register. The Principal Secretary and Commissioner of Revenue Administration is the Nodal Officer for the preparation of NPR and Census 2011. The officials of the Revenue Department play an important role in the Census operations.
Mitigation Department plays a pivotal role in disaster management and is responsible for preventive, relief and
26 rehabilitation Commissioner activities. of Revenue The Principal Secretary/ has been Administration
designated as the State Relief Commissioner. State Disaster Management Authority has been
constituted under the Chairmanship of the Honble Chief Minister to monitor the Disaster Management activities in the State. A State Executive Committee has also been
constituted under the Chairmanship of Chief Secretary to assist the above authority. The relief measures are
implemented and monitored at the State Level by the State Relief Commissioner and in the districts by the Collectors concerned.
27 The State receives an average annual rainfall of 990 mm, of which approximately 34% is received from the Southwest Monsoon and 48% from the Northeast Monsoon. The Northeast Monsoon provides the major part of the precipitation particularly to the coastal districts viz.,
Tiruvallur, Chennai, Kancheepuram, Villupuram, Cuddalore, Nagapattinam, Ramanathapuram Tiruvarur, and Thanjavur, which Pudukkottai, are highly
Thoothukudi
vulnerable to the cyclonic storms. The Nilgiris and Theni districts receive good rains during the Southwest Monsoon period. The districts of Tirunelveli and Kanniyakumari receive rainfall during both Southwest and Northeast Monsoons
conducted by the Chief Secretary in the month of August / September every year before the onset of Northeast Monsoon to assess the state of preparedness and to evolve effective coordination with line departments and Defence
28 services, to tackle the situation that may arise out of floods / cyclone and suitable instructions are issued to the line departments and District Collectors. On the same analogy, a District Level Coordination Committee Meeting is conducted by the Collector of each district with the line departments and other agencies. Based on the suggestions and feedback received and previous years experience, regular protective and preventive steps are initiated by the Collectors well ahead of the onset of the monsoon. Mock drills are conducted with the stakeholders to familiarise the response mechanism.
29 Management Training in the State imparts training to district level officials of various departments.
service Telephone No.1070 has been installed for receiving information on disasters from the general public. The Collectors monitor the monsoon activities round the clock. A toll free public utility service telephone No.1077 has been installed in all the Collectorates.
32 normal seasonal rainfall of 474.2 mm, i.e., 15% higher, which is rated as 'normal' as per meteorological parlance. During the Northeast Monsoon period heavy rainfall was recorded in the Nilgiris district and coastal districts. Due to the massive landslide in the Nilgiris district and cyclone in the coastal districts, totally 114 human lives were lost; 578 cattle perished and 10241 houses were damaged in the State. Rescue and Relief measures were taken on a war footing by the Government. A sum of Rs.25.70 crore has been sanctioned to the Nilgiris district for the immediate restoration of damaged infrastructure in the districts. A sum of Rs.120 lakh has been allotted to the Collector, Coimbatore district for temporary restoration of damages caused to Contour Canal and Aliyar Feeder Canal due to heavy rains during November 2009.
Thoothukudi,
33 Ramanathapuram,
Dindigul,
Dharmapuri,
Krishnagiri and Pudukkottai to combat the drinking water scarcity due to drought, before the onset of Northeast Monsoon in 2009.
(xii) Disaster Risk Management Programme sponsored by Government of India and United Nations Development Programme (UNDP)
With a view to reduce the vulnerability of communities to natural disasters, in identified multi hazard prone areas, the Government of India and the United Nations
Development Programme (UNDP) are implementing the Disaster Risk Management Programme in Tamil Nadu. This programme has been implemented in two phases in 13 districts of viz., Tiruvallur, Kancheepuram, Cuddalore, Nagapattinam, Tiruvarur, Kanniyakumari, The Nilgiris, Villupuram,
Thanjavur,
Pudukkottai,
Ramanathapuram,
Tirunelveli and Thoothukudi. Under this programme about 4.10 lakh Government officials, members of Non
34 and NSS volunteers Members of Panchayatraj institutions have been trained. Emergency Operation Centres have been constructed and functioning in these districts. The total
outlay of the programme was Rs.11.91 crore and it was entirely funded by the UNDP. The programme has concluded in June 2009.
rehabilitation and improvement of livelihood of people affected by Tsunami that struck the coastal areas on 26.12.2004. The State Government has been implementing the following schemes in the affected areas with the assistance of Central Government, World Bank, Asian Development Bank, Prime Minister's National Relief Fund and with active participation of National and International Non-Governmental Organisations.
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(ii) Reconstruction of houses with Disaster Resistant Features in Vulnerable Coastal Areas Phase II
In Phase II, Government have taken up reconstruction of 42192 in-situ houses lying in vulnerable areas upto 1000 meters from High Tide Line with all disaster resistant features. This includes 25192 houses under Rajiv Gandhi Rehabilitation Package (RGRP) and 17,000 houses under Vulnerability Reduction of Coastal Community Project
36 vallam, nets etc., were damaged in Tsunami were given immediate relief of Rs.152.15 crore for repairing / replacing their implements. An additional relief of Rs.110.36 crore has been sanctioned to the already benefited 42,000 fishermen towards supply of heavy duty bicycles, rechargeable lanterns, life jackets, ice boxes and nets. 47,000 fishermen were provided with first aid boxes at a cost of Rs.9.40 crore. 591 fishermen villages were provided with sports material at a cost of Rs.0.59 crore. Recreation Centres were established at a cost of Rs.1.90 crore. A pilot Project Network for has implementing been taken Seamless up in
Communication
Ramanathapuram District at a cost of Rs.7.73 crore. M/s. ELCOT, Chennai has taken up the work of implementing the scheme. This will be extended to other Coastal districts also.
37
11
12
Road 1552.50 Km Bridges * 62 Water supply and 40 sewerage Desilting Canals 10 Solid waste management 36 Renovation of Minor Ports 23 Public Buildings 226 Cyclone Shelters and 114 Memorials Reclamation of 8844.35 Agricultural and Hectares Hortitulcutral Lands Raising Shelter Belt and 6940 Mangrove Plantations Hectares Repair and reconstruction of fishing harbours and fish landing centres, 33 construction of new fish landing centres, cold storage plant Preparation of High Tide Line (HTL) maps, fixing of stone pillars on HTL reference points, preparation of Integrated 4 Coastal Zone Management Plan (ICZMP) and Bioremediation of Water Bodies Implementation sanitation schemes habitations of in 16
16
17
13
11
38
(v) Schemes
Tsunami
39
(vii)
World BankRestructured Emergency Tsunami Reconstruction Project (ETRP)Vulnerability Reduction of Coastal Communities Project (VRCC)
A sum of Rs.1959.10 crore has been reallocated by
the World Bank for the works including reconstruction of 17,000 houses with disaster resistant features in vulnerable coastal areas, construction of 145 evacuation shelters, 150 km - evacuation routes and installation of 1000 early warning systems. The agreement for the Restructured ETRP-VRCC
Project was signed with the World Bank on 13.8.2009. The list of beneficiaries have been finalised and tenders for construction of houses are under evaluation.
(viii) Asian Development Bank (ADB) - Tsunami Emergency Assistance Project (TEAP)
Under the ADB funded TEAP, the works including restoration of livelihood, repair and reconstruction of rural and municipal infrastructure, roads, bridges, ports, harbours and water supply and sanitation works were taken up in the 13 coastal districts and completed at a cost of Rs.620 crore. The Scheme was completed in October 2009.
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CHAPTER - III
LAND ADMINISTRATION
The Revenue Department is the custodian of all the Government lands. Land Administration Department deals with various important subjects such as Assignment of cultivable land, Assignment of house site, land lease, land transfer, land alienation, land acquisition, Eviction of
encroachments on Government lands and implementation of Estate / Inam Abolition Acts, Cinematography Act, etc.,
3.1 Assignment
(a) Assignment of Free House sites (Regular Scheme)
With a view to meet basic need to the weaker sections of the society, house sites are provided to the houseless poor free of cost by the Government. The annual income limit for assignment of free house sites has been fixed at Rs.30,000 per family for rural areas and at Rs.50,000 per family for urban areas. To empower women house site patta is assigned in the name of the wife / lady member of a family.
42 Maximum of three cents in villages and town panchayats one and half cents in Municipal areas and one cent in Corporation respectively are assigned free of cost as per the existing Rules. The assignees were permitted to mortgage the house site with the Nationalised Banks or the Tamil Nadu cooperative Banks for availing credit under the Rural Housing Schemes so as to construct houses on the assigned lands.
House site are assigned in the following order of preference:(i) Families of defence personnel, including Border Security Force, Territorial Army Personnel etc., killed or disabled in action. (ii) Scheduled Caste and Scheduled Tribes (iii) Released Bonded Labourers. (iv) Ex-Servicemen. (v) Landless Poor. In order to ensure the benefit reaching the eligible persons quickly, monetary powers were delegated to the officers as detailed below:-
43 Sl.No 1 2 3 4 5 6 Tahsildar Revenue Divisional Officer District Revenue Officer District Collector Commissioner Administration Government of Officers Monetary Limit (land value) Upto Rs. 30,000/Upto Rs. 50,000/Upto Rs. 1,00,000/Upto Rs. 4,00,000/Land Upto Rs. 5,00,000/Above Rs. 5,00,000/-
(b) Regularisation of encroachments and grant of House site patta (Special Scheme)
The Government issued orders in G.O.( Ms.) No. 854, Revenue Department, dated 30.12.2006, empowering the District Collectors to issue house site patta to those who live in Government Poramboke lands encroached by construction of houses for more than 10 years by relaxing relevant ban orders of assignment. To ensure maximum benefits to poor, the Government in G.O. (Ms.) No.498, Revenue Department, dated 5.9.2007 extended the time limit upto 31.3.2008 and delegated certain powers to the Collectors. The Government in their order G.O.
44 (2D) No.711, Revenue Department, dated 30.11.2007, have withdrawn the annual income ceiling for getting house site patta under this scheme. The Government have also revised the maximum area to be granted under this scheme free of cost upto 4 cents in Rural areas and Town Panchayats, 2 cents in Municipal areas and 2 cents in Municipal Corporation areas and also ordered to reimburse the land cost already paid by the beneficiaries right from 30.12.2006 for obtaining house site patta. In G.O. (Ms) No.34, Revenue Department, dated 23.1.2008, it has been ordered that the eligibility criteria for this scheme was reduced from 10 years to 5 years. The Government in G.O. (Ms.) No. 366, Revenue Department, dated 8.10.2009 extended the time limit of this scheme upto 30.9.2010. Further the eligibility period of Regularisation of encroachment was reduced from 5 years to 3 years vide G.O. (Ms.) No. 43, Revenue Department, dated 29.1.2010.
45
regular scheme, 5,01,635 house site pattas were issued from 01.04.2006 to 31.03.2010. Totally 7,24,327 families have been benefitted under these schemes.
Community wise details are as follows:Category Scheduled Caste Scheduled Tribes Most Backward Classes Backward Classes Others Total Beneficiaries 1,89,860 14,124 2,14,309 2,74,715 31,319 7,24,327
of
Cultivable
Lands
(Regular
With a main focus of improving the standard of living of the poor, cultivable waste lands are assigned for agricultural purpose under the provisions of Revenue Standing Order 15. Free assignment is given to those families whose annual
46 income is below Rs.30,000/- per family in rural areas and Rs.50,000/- per family in urban areas. The order of preference for assignment of land for agriculture is the same as in the case of house site assignment. The Government have also delegated powers to Revenue Officers for assignment of cultivable lands, as in the case of house site assignments, with the following monetary limits:Sl.No 1 2 3 4 5 6 Tahsildar Revenue Divisional Officer District Revenue Officer District Collector Commissioner Administration Government of Officers Monetary Limit (land value) Upto Rs. 30,000/Upto Rs. 50,000/Upto Rs. 1,00,000/Upto Rs. 4,00,000/Land Upto Rs. 5,00,000/Above Rs. 5,00,000/-
(e) Distribution of Government Waste Land to Landless Agricultural Families (Special Scheme)
In the year 2006, the Government introduced a special scheme of Distribution of Government Waste Lands to the landless agricultural families.
47 This scheme covers the following three categories:i) ii) Assignment of Government Poramboke lands free from encroachment. Assignment of Government Poramboke lands encroached upon by landless, marginal and small farmers. iii) Development / Reclamation of patta waste lands owned by small and marginal farmers. The land is distributed to the landless agricultural families only after necessary land development / reclamation wherever required, dovetailing with various schemes which are executed by the Departments of Agriculture and Rural Development. This special scheme was launched by the Hon'ble Chief Minister in Tiruvallur District on 17.9.2006. Under this scheme 2,12,164 acres of land have been distributed to 1,78,198 beneficiaries upto 31.03.2010.
Community wise details are as follows:Category Scheduled Caste Scheduled Tribes Most Backward Classes Beneficiaries 41826 3275 57919
companies, societies, associations, trusts, individuals and private bodies, for a minimum period of 3 years and a maximum period of 30 years as per the conditions laid down under Revenue Standing Order 24-A. As per the orders in force the lease rent is fixed at 7% of the market value of the land for non-commercial purposes and at 14% for commercial purposes. The annual lease rent is revisable after every 3 years. However in special cases, the lease of land is also granted on nominal annual lease rent and on long term basis by the Government in public interest.
49
Departments of the State Government free of cost for specific purpose. Government poramboke lands are also allotted to Central Government Departments by way of transfer under the Revenue Standing Order 23 usually on collection of market value. The Collectors are empowered to transfer small extent of unobjectionable poramboke lands free of cost to the Government Departments. Where 'Meikkal' and 'Manthaiveli' poramboke lands are involved for transfer, an alternate land equal in extent has to be provided for development as Meikkal or Manthaiveli Poramboke by the requisitioning body besides payment of development charges at the rate of Rs. 6,000/- per acre or Rs. 15,000/- per hectare. The local body concerned will develop the land so provided as 'Meikkal' or 'Mandaiveli' as the case may be for the common use of the Public.
50
Poramboke lands are also placed at the disposal of Tamil Nadu Housing Board for the construction of Government rental quarters. The Government also alienate Poramboke lands to Tamil Nadu Housing Board for its housing activities on collection of land cost. For the establishment of substations, the lands are alienated to Tamil Nadu Electricity Board on collection of single market value. Lands are alienated to the Transport Corporations for establishment of
51 Bus Terminals and passenger Bus Stands on collection of 50% of the market value. Single Market Value is collected for the lands alienated to SIPCOT. In respect of other requisitioning bodies and for other purposes, lands are alienated on collection of single market value or more. Land should be used only for the purpose for which it is alienated and if any of the conditions of alienation are violated, the lands are liable to be resumed by the Government without the repayment of the land cost so paid for alienation.
52 Priority is accorded for the eviction of encroachments in Water bodies, tanks, rivers, lakes, ponds and other water course porambokes in co-ordination with Public Works Department and Police Department. Besides, the Revenue Department, the Officers of the Public Works Department, Highways Department, Forest Department and local bodies have also been empowered to carry out eviction of encroachments in respect of lands vested with them under the following Acts:(1) (2) (3) (4) (5) (6) Tamil Nadu Land Encroachment Act, 1905 Tamil Nadu District Municipalities Act, 1920 Tamil Nadu Panchayat Act, 1958 Tamil Nadu Highways Act, 2001 Tamil Nadu Forest Act, 1882 Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 The District Level Committee constituted under the Chairmanship representatives of of the Public District Works Collector with the Forest
Department,
53 Department, Police Department etc., monitor the eviction of encroachment effectively. The High Level Committee
constituted at State level under the Chairmanship of the Hon'ble Minister for Revenue and Housing in which 2 MLAs, and elected representatives of urban local bodies besides Chief Secretary to Government and Secretary level Officers and selective departments are members, monitor the progress of eviction of encroachments carried out in the districts. The High Level Committee meeting was last held on 23.2.2010. During the period between 1.1.2009 and 31.3.2010, 1,53,976 encroachments on water structures, Public places have been evicted throughout the State.
54 Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Act 10/1999) for implementing various Development
The Monetary limit for passing award in Land Acquisition has been fixed as follows:S.No. 1 2 Officers Monetary Limit
Tahsildars / Special Up to Rs. 2,50,000/Tahsildars Revenue Divisional Officers Above Rs. 2,50,000// Officers in the grade of Up to Rs. 7,50,000/Deputy Collectors
55 S.No. 3 4 Officers Monetary Limit Collector / Additional Above Rs. 7,50,000/Collector / District Revenue Up to Rs. 20,00,000/Officer Commissioner of Land Above Rs. 20,00,000/Administration In order to accelerate the pace of progress in Land Acquisition work, Government also accord sanction for the appointment of special staff as per the norms set forth in G.O. (Ms.) No. 285, Revenue Department, dated 10.2.1966, in G.O.(Ms.) No. 2556, Revenue Department, dated
16.12.1975 and in G.O. (Ms.) No. 205, Revenue Department, dated 10.3.1993. Instead of invoking the Land Acquisition Acts which are time consuming the Government have also constituted District and State level committees to expedite the acquisition of land through private negotiation as per G.O. (Ms.) No. 885, Revenue Department, dated 21.9.1995 and G.O. (Ms.) No. 1246 Revenue Department, dated 22.11.1996. As per the said Government Orders, where the negotiated value of the land is below Rs. 20 lakh and below
the
District level committee is empowered to purchase the land through private negotiation. If the negotiated value exceeds Rs.20 lakh and within 150% of Guide Line Register value / Market value, the State Level Committee is empowered to approve the purchase. If the negotiated value is above Rs.20 lakh and above 150% of Guide Line Register value /Market value, the orders of the Government is obtained to purchase the land through private negotiation.
this scheme, the right to use the leaves, fruits and other usufructs of the trees standing on the Government
poramboke land are granted to the adjacent land owners or other eligible persons who can take care of the trees. But the right over the trees as well as the land however continue to vest with the Government. Women belonging to depressed classes are given preference under this Scheme.
57
CHAPTER - IV
SURVEY AND SETTLEMENT 4.1 Survey
Survey and Land Records Department is one of the oldest departments, functioning under the control of the Revenue Department. The organized system of land survey, which commenced during the reign of King Raja Raja I of Chola dynasty, has undergone various stages of
improvements and reached the stage of using modern equipments such as Global Positioning System and Electronic Total Station to survey the land accurately and to maintain the records. The department is undertaking Natham Survey, Town Survey and Resurvey works. The routine maintenance works such as updating of land records with reference to the transfer of registry, sale, partition, sub division etc., are being attended to by this department. The details of progress of the ongoing schemes are furnished below:-
58
2. 3. 4. 5.
* Municipalities -
Vedaranyam (Nagappatinam district) Gudalur (Theni district) Ambasamudram (Tirunelveli district) Thiruthangal (Virudhunagar district) Keelakarai (Ramanathapuram district) Thirupparakundram (Madurai district) Kayalpattinam (Thoothukudi district)
60 (1) 21 villages out of 29 natham villages in Ambattur taluk of Tiruvallur district (2) 19 villages out of 26 natham villages in Madavaram taluk of Tiruvallur district (3) 13 villages out of 15 natham villages in Tambaram taluk of Kancheepuram district (4) 5 villages out of 7 natham villages in Alandur taluk of Kancheepuram district (5) 9 villages out of 22 natham villages in Sholinganallur taluk of Kancheepuram district Work is in progress in the remaining natham villages in the above taluks.
Administration
Management
NILAM) is a major e-Governance initiative taken up by the Revenue Department of Government of Tamil Nadu to computerise the Land Records System in Tamil Nadu. TAMIL NILAM is currently implemented in all the rural taluks in the State. It handles all the transactions relating to Land Records in the State.
Computerization
61 of
Land
Records
(CLR)
programme is being implemented in the State through this department. The data of A register and chitta of all rural villages in 215 taluks (except Chennai) in the State have been computerized and computerized land record extracts are being issued to public. A sum of Rs.35.05 crore has been collected through issue of computerized land record extracts till 05.03.2010 Adangal validation data is have in been computerized in the and progress districts.
Computerization of Urban land records data of Chennai district is in progress. Computers and other accessories have been supplied to Taluk Offices, Revenue Divisional Offices, District Collectorate and the Directorate. Digitization of Field Measurement Sketches has been taken up in the State through the department staff. Work is in progress in 27 districts. Creation of infrastructure facilities in 2 districts is in progress. So far, 3.66 lakh Field Measurement Sketches have been digitized.
62 After the Field Measurement Sketches are digitized, the spatial data will be integrated with the existing TAMIL NILAM database.
e-services of land records Anytime Anywhere Land Records scheme was launched on 15.05.2008. It is an on-line portal for viewing patta and 'A' Register for agricultural lands in Tamil Nadu. The public can access the land information like A Register, Chitta, Government Poramboke lands etc. in the web-site www.eservices.tn.gov.in from anywhere at any time. Updation of land records data is carried out through Tamil Nadu State Wide Area Network (TNSWAN) by National Informatics Centre.
63 through computers. Different maps are generated through computers from the center and supplied to public. Computerization of the Commissionerate of Survey and Settlement has also been taken up to facilitate effective and close monitoring of all the schemes. Required plotters have been supplied to all the District Survey Units to decentralize the supply of Village, Taluk and District maps to the public at the districts itself. Xerox machines have also been supplied to all the District Survey Units. Fax machines have been supplied to 14 Assistant Directors of Survey and Land Records and 5 Deputy Directors of Survey and Land Records.
64 Around 55 personnel have been given training in Hyderabad on Geospatial Technologies and Surveying & Mapping - which is the information that defines the Geographical location on earth. This spatial data is stored as coordinates that can be mapped.
4.6 Settlement
The Government of Tamil Nadu with a view to abolish all the intermediaries between the Government and the Ryots as a part of its large scale agrarian reforms had enacted various abolition acts like Estate and Inam Abolition Act and Ryotwari settlement had been introduced throughout the State. The Ryotwari Settlement work under the Tamil Nadu Inam Estate (Abolition and conversion into Ryotwari) Act, 1963 is pending due to various reasons including court cases, in Arayapuram Thattimal Padugai and Sooriyanarayanapuram villages in Thanjavur District, Ramachandran Koilpathu village in Nagapattinam District, Kalanivaipatti village in Pudukkottai District and Chennasandiram, Marasandiram, Uliyalam,
65 Bairasandiram, Elayasandhiram and Thimmasandiram villages in Krishnagiri District. The Ryotwari Settlement work under the Tamil Nadu minor Inam (Abolition and Conversion into Ryotwari) Act 1963 is pending due to various reasons including court cases in Karanappatti, in Kothandaramapuram District, and Nilayappatti in
villages
Pudukkottai
Agasthiampalli
Nagappatinam District and Tharikkomban in Sivagangai District. The Ryotwari Settlement work under the Gudalur Janmam Estates (Abolition and Conversion into Ryotowari) Act, 1969 is in progress in The Nilgiris District. Out of the total 80,087.74 acres of Janmam lands, settlement work in respect of 28,087.03 acres had been completed. Out of the remaining 52000.71 acres of lands, orders have been passed by the Settlement Officer (Gudalur Janmam Lands) resuming 42,752.62 acres of land to Government. Cases challenging the above orders are pending before the Janmam Abolition Tribunal, Ooty and four cases challenging the validity of the
66 Act among other things are pending before the Supreme Court of India.
67 1937, to update the revenue records which had been created during introduction of Ryotwari settlement, to delimit and demarcate the poramboke lands, to issue pattas to the present landholders and to prepare fresh revenue records such as 'A' Register, Chitta, 2C Register etc., the revenue follow up work has been introduced.
68 (except Chennai City) and in all Municipalities. Accordingly the Revenue follow up work has been taken up in the following 9 Municipalities and 2 Corporations in first phase. 1. Walajahpet (Vellore District), 2. Arani
(Tiruvannamalai District), 3. Panrutti (Cuddalore District), 4. Aranthangi (Pudukkottai District), 5. Thuraiyur (Tiruchirapalli District), 6. Periyakulam (Theni District), 7. Palani (Dindigul District), 8. Bhavani (Erode District) 9. Rasipuram (Namakkal District), and Thoothukudi and Coimbatore Corporations. So far 21,672 pattas have been issued and the work is in progress. This work has to be extended to the remaining Municipal Towns and Corporations in this State.
69
CHAPTER - V
LAND REFORMS
5.1 Land Reforms and Distribution of Surplus Land The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58/61), was enacted to achieve the lofty principles of reducing the disparities in the ownership of agricultural lands leading to the concentration of more lands in the hands of a few. The objective of the Act is to fix ceiling on the agricultural holdings of the land owner, declare such excess of the ceiling area as surplus for distributing the same to the landless poor people and thus uplift their economic condition and social status in the society. As per the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, the land ceiling for a family consisting of 5 members was initially fixed at 30 standard acres. In addition 5 standard acres was allowed for every additional member with an overall ceiling of 60 standard acres. In
70 addition, 10 standard acres of Sridhana land was allowed for each Female Member. With a view to enhance the benefits of the Land Reforms, certain provisions in the Principal Act were rationalised through the enactment of the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 [Tamil Nadu Act 17/1970]. Accordingly, the ceiling on the
agricultural lands for the family consisting of 5 members was reduced to 15 standard acres from 30 standard acres. The overall ceiling limit of 60 standard acres for a family (more than 5 members) fixed under the Principal Act, 58/1961, was also reduced to the level of 40 standard acres through the Tamil Nadu Land Reforms (FCL) Amendment Act 20/1972. The overall ceiling area was further reduced to the level of 30 standard acres through the Tamil Nadu Act 39/1972. The ceiling area as on date is as follows:-
71 Sl.No. 1) Category Extent allowed For a family consisting of 5 15 standard acres members (Including Private Trust and Company) i) Each additional Member ii) Overall ceiling area 2) a) Public Trust of Charitable Nature on the date of commencement of the Act b) Religious trust of Public Nature or Religious institutions on the date of commencement of the Act All public trusts are prohibited from acquiring agricultural lands after 1.3.1972. Section 37-B of the Act 29/87 enables the public trust to apply to Government for permission to hold or acquire land for educational or hospital purposes after 01.03.1972 5 standard acres 30 standard acres 5 standard acres
3)
4)
Surplus lands and their distribution: The lands held in excess of the ceiling limit are being declared as surplus under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 as amended, and such surplus lands are assigned to eligible landless persons as per
72 the provisions of the Tamil Nadu Land Reforms (Disposal of Surplus Land) Rules, 1965. Though the Land Reforms Act was enacted in the year 1961, huge extent of lands was declared as surplus and also assigned to the landless agricultural labourers only in the years 1970-1980. For the period from 1970 to 1980, total extent of 1,08,132 acres of lands was declared as surplus, which was higher than ever before. During this period, a total extent of 70,730 acres was assigned to 51,244 persons. Similarly, for the period from 1980 to 1990, an extent of 50,834 acres was declared as surplus and also including the balance extent of surplus land available in the previous years, an extent of 59,647 acres of lands was assigned to 53,494 persons. The details of lands declared as surplus and area assigned to poor people (beneficiaries) from the inception of Act upto 28.2.2010 are shown below:-
73 year 1961-1970 1970-1980 1980-1990 1990-1996 1996-2001 2001-2006 2006-2007 2007-2008 2008-2009 2009-2010 (upto 28.2.10) Total lands declared as surplus (in acres) 19,028 1,08,132 50,834 15,093 7,156 6,603 1,160 201 176 40 2,08,423 lands assigned (in acres) 14,074 70,730 59,647 34,953 10,459 8,371 1,011 659 284 70 (*)2,00,258 No. of beneficiaries 7,978 51,244 53,494 21,297 8,334 6,439 773 600 257 75 1,50,491
(*) includes land allotted to an extent of 10,185 acres for public purposes. The community wise details of beneficiaries are as follows:Categories of persons benefited Scheduled Castes Scheduled Tribes Others Total Number of persons 66,448 236 83,807 1,50,491 Extent assigned (in Acres) 71,298 320 1,18,455 1,90,073
74 Categories of persons benefited Lands reserved for public purpose Grand Total Number of persons Extent assigned (in Acres) 10,185 2,00,258
The details of the balance extent to be assigned and also extent covered under court cases: Details Extent notified as surplus Land assigned to landless poor Extent allotted for public purposes under rule 13 of the Tamil Nadu Land Reforms (DSL) Rules, 1965 Total assigned lands Balance lands Extent covered by stay granted by courts (Supreme Court, High Court, Land Commissioner and Sub-Courts) Balance in Acres 2,08,423 1,90,073 10,185 2,00,258 8,165 8,044 121
During the year 2009-2010 an extent of 70 acres has been assigned to 75 persons upto 28.2.2010, which includes 47 Scheduled Caste beneficiaries covering an extent of 36 acres.
75 5.2 Tenancy Laws (i) The Tamil Nadu Cultivating Tenants Protection Act, 1955 (Tamil Nadu Act 25/55) This Act has been enacted to protect the interest of the cultivating tenants. This Act provides protection from eviction from the lands except for non-payment of lease 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 agricultural or horticultural purpose or denial of the title of the land owner to the land. 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 of lease by Special enactments by Government. The disputes between the land owners and Tenants are settled by the Revenue Court in the Districts. (ii) The Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956 (Tamil Nadu Act 24/1956) This Act provides for the fixation of fair rent payable by the cultivating tenants to the landowners and Public trusts.
76 At present, the fair rent is 25% of the normal gross produce. It may be either in cash or kind. The cultivating tenant bears the expenses of cultivation and the landowner pays the land revenue and other dues on lands. The disputes between the land owners and tenants are also settled by the Revenue Courts. (iii) The Tamil Nadu Public Trusts (Regulation and Administration of Agricultural Land) Act, 1961 (Tamil Nadu Act 57/1961) Public Trusts are permitted under this Act to cultivate 20 standard acres under their personal cultivation and the remaining extent has to be let on lease to others. This Act also regulates the relation of pubic trusts and their cultivating tenants. Their disputes are also settled by the Revenue
Courts in the Districts. (iv) The Tamil Nadu Agricultural Lands (Record of Tenancy Rights) Act, 1969 (Tamil Nadu Act 10/1969) The rights of the cultivating tenants are protected under this Act by ensuring registration. The Taluk Tahsildar is the Record Officer for the purposes of this Act and he is assisted
77 by Advisory Committee consisting of non-officials. 2,63,412 persons have been registered as tenants under this Act as on 28.02.2010. (v) The Tamil Nadu Occupants of Kudiyiruppu (Conferment of Ownership) Act, 1971 (Tamilnadu Act 40/1971) as amended This Act provides for conferring ownership rights to any agriculturist or agricultural labourer who was occupying any kudiyiruppu as on 19.6.1971 either as tenant or as licensee. The Tamil Nadu Rural Artisans (Conferment of Ownership) Act, 1976 (Act 38/1976) extends similar benefits to rural artisans who were occupying the site for kudiyiruppu as on 1.7.1975. The time limit was extended under both the Acts upto 1.4.1990 by Act 39/1990. The details of the total number of Kudiyiruppudars who were conferred ownership rights over Kudiyiruppu as on 28.2.2010 are given below:Category Act 40/71 (Agriculturists / Agricultural Labourers) 1,00,218 2,317 80,022 1,82,557 Act 38/76 (Rural Artisans) Act 39/90 (Agriculturists/ Agricultural Labourers and Rural Artisans) 1,052 412 308 1,772 Total
62 17 363 442
78 (vi) The Tamil Nadu Agricultural Labourers Fair Wages Act, 1969 (Tamil Nadu Act 19 of 1969) Payment of fair wages was ensured under this Act to agricultural labourers of Nagapattinam and Tiruvarur Districts for various types of works in the agricultural sector ranging from Rs. 54/- to 100/- per day for men labourers for six hours of work and Rs. 45/- per day for women labourers for five hours of work. In respect of other districts the Minimum Wage Act 1948 is applicable. (vii) Revenue Courts Six Revenue Courts are now functioning in the State at Cuddalore, Mayiladuthurai, Tiruvarur, Thanjavur,
Tiruchirapalli and Madurai. Officers in the rank of Deputy Collector have been posted to act as Presiding Officers. The Special Deputy Collectors (Revenue Court) are appellate authorities who decide on appeals against the orders of the Tahsildars concerned in respect of the Tamil Nadu
79 They also administer various tenancy laws mentioned in the above paragraphs. 5.3 Tamil Nadu Agricultural Labourers Welfare Board With a view to ensure Social Security and Welfare of the Agricultural Labourers and Farmers, the Government in G.O. (Ms.) No.62, Revenue Department, dated 9.2.2001
introduced 'The Tamil Nadu Agricultural Labourers Social Security and Welfare Scheme, 2001'. Later, the Government ordered in G.O. (Ms.) No.509, Revenue Department, dated 7.8.2006, for the implementation of a new Scheme called The Tamil Nadu Agricultural Labourers-Farmers
(Social Security and Welfare) Scheme, 2006 in lieu of the Tamil Nadu Chief Ministers Farmers Security Scheme 2005. The Scheme is being implemented effectively by Revenue Department with effect from 22.12.2006. The Special Tahsildars (Social Security Scheme) are the implementing authorities who are working under the supervision of District Collectors. Tamil Nadu Agricultural Labourers Welfare Board is monitoring the implementation of
80 the Scheme at State level. The Director of Land Reforms acts as its Member-Secretary. This scheme provides for relief / financial assistance to the members as follows:Sl.No. 1. Relief of Assistance Accident Relief (a) Death due to accident (b) Loss of both hands (c) Loss of both legs (d) Loss of one hand and one leg (e) Total and irrecoverable loss of sight in both eyes (f) Loss of one hand or one leg (g) Loss of limbs from grievous
injuries other than those specified above
2. 3. 4.
Natural Death Funeral Expenses Educational Assistance to son and daughter of the members
Hosteller
BOYS GIRLS
(a) 10th Std. pass (b) 12th Std. pass (c) I.T.I. or Polytechnic (per year) (d) Bachelor Degree (per year)
81
Sl.No. Relief of Assistance (e) Post Graduate (per year) (f) Professional Courses (Law, Engineering etc.) (per year) (g) Post Graduate Professional Courses (per year) 5. Marriage Assistance: a) Marriage of Member (i) Male (ii) Female b) Marriage of son or daughter of the Member (i) Male (ii) Female 6. Delivery or miscarriage of pregnancy or termination of pregnancy (i) Delivery
(@ Rs.1000/- per month for six months from seventh month of pregnancy)
Amount (in Rupees) 2250 2250 2750 2750 3250 4250 3750 4750
4250
4750
6250
6750
3000 5000
3000 5000
6000
The assistance given to the beneficiaries under this scheme are detailed below:-
82 Year 2006-2007 2007-2008 2008-2009 2009-2010 (Upto 28.2.2010) Total 415.45 5,10,504 Assistance given (Rs. in crore) 7.63 136.34 139.19 132.29 Beneficiaries 25,618 2,33,913 1,38,379 1,12,594
Under this scheme, 173 lakh persons belonging to 76 lakh families have been enrolled upto 28.02.2010. Welfare assistance has been provided to 5.10 lakh beneficiaries to the tune of Rs.415 crores so far. A sum of Rs.152 crores has been allocated for implementing this scheme in the financial year 2010-2011. 5.4 Bhoodan Board The Bhoodan Yagna Movement was initiated by Sri Acharya Vinoba Bhave in the year 1951. The donation of
land to Bhoodan Yagna is the Special feature of this movement. Acharya Vinoba Bhave toured extensively to various parts of Tamil Nadu between 13.3.1956 and
83 18.4.1957. During this campaign, the landlords voluntarily gifted lands to this movement. To facilitate the donation of lands for the Bhoodan Yagna and for allotment of such lands for the benefit of landless poor persons or for the community purposes and to provide Gramdhan villages, the Tamil Nadu Bhoodan Yagna Act 1958 was enacted and the Rules framed in the year 1959. Tamil Nadu Bhoodan Board has been reconstituted. Honble Minister for Khadi is the Chairman of the Board which has 14 other members. An extent of 28,060.41 acres of Bhoodan lands were received so far, and 20,485.35 acres were distributed free of cost to landless poor for agricultural purpose upto
06.02.2001.
5.5 Tamil Nadu Urban Land (Ceiling and Regulation) Act 1978
The Tamil Nadu Urban Land (Ceiling & Regulation) Act, 1978 (Based on Central Act 33 of 1976) was enacted with a view to impose ceiling on vacant land in Urban
84 Agglomerations to prevent concentration of urban land in the hands of a few persons for speculation and profiteering therein and to bring about an equitable distribution of lands to subserve the common good. This Act came in to force from 3.8.1976. This Act was implemented in Chennai City, Chennai belt area, Tiruchirapalli, Madurai, Tirunelveli, Salem and Coimbatore. Tamil Nadu Urban Land (Ceiling & Regulation) Act 1978 was repealed with effect from 16.6.1999 by Act 20/1999. The repeal Act provides saving clause to the lands which were acquired and possession taken on behalf of
Government upto 15.6.1999. Consequent to the repeal of the Act, Government issued guidelines in G.O.(Ms) No.353, Revenue Department, dated 30.06.2000 for the disposal of the acquired lands. The land thus acquired are being allotted to various Government undertakings like Tamil Nadu Slum Clearance Board, Local Bodies, Tamil Nadu Electricity Board, Transport Corporations and Government Department in the order of priority.
85 Under this Act, an extent of 2472 Hectares of surplus land was acquired. After excluding the lands allotted, lands under litigation, encroachment and lands wherein acquisition proceedings had abated as per Court orders, an extent of 1148 Hectares of surplus lands are available for allotment, which includes the lands to be regularised under the Innocent Purchasers Scheme. (i) Regularisation Scheme for Innocent Purchasers In order to alleviate the sufferings of the public who have purchased the notified surplus lands for housing purposes without knowing the fact of notification, the Government announced a scheme of regularisation on payment of cost fixed by the Government for the Urban Land upto 1 Ground in G.O.(Ms) No.649, Revenue Department, dated 29.7.1998. Subsequently the scheme was rationalized in G.O.(Ms) No.565, Revenue Department, dated 26.9.2008, by enabling regularisation of all the purchase of lands by the innocent buyers, irrespective of extent, by fixing the prorata value according to the extent purchased.
86 The amount to be collected for regularisation of the said lands, for different areas is given below: Division Land value per ground fixed (in Rupees) (2)
(1) (A) Chennai Urban Agglomeration T.Nagar, Mylapore, Egmore, Tondiarpet Poonamallee , Madavaram, Tambaram, Alandur, Kunrathur Ambattur (B) Other Urban Agglomerations Salem Coimbatore Tiruchirapalli Madurai Tirunelveli (i) (ii)
The amount mentioned above shall be paid by the Two times of the land value mentioned above shall
persons who have purchased land upto 1 grounds. be paid by the persons who have purchased land more than 1 grounds and upto 3 grounds.
87 (iii) Three times of the land value mentioned above shall be paid by the persons who have purchased more than 3 grounds. The power to regularise the lands upto the extent of 1 grounds is delegated to the Director of Urban Land Ceiling and Urban Land Tax. The power to regularise such lands exceeding 1 grounds vests with the Government. So far, 808 cases were regularised and a sum of Rs.3.55 Crores was collected upto 28.2.2010. 5.6 Tamil Nadu Urban Land Tax Act, 1966 Tamil Nadu Urban Land Tax Act 1966 was enacted in Chennai city with effect from 1.7.1963. Under this Act, all urban lands were assessed to urban land tax at a flat rate of 0.4 percent of its market value. The Act was then extended to Towns of Tiruchirapalli, Madurai, Salem and Coimbatore with effect from 1.7.1971. The Act was amended in 1975 which came into force with effect from 1.7.1975 extending the provisions of the Act to the area lying within 16 K.M. from the outer limits of Chennai City. The Act was further
88 extended to Tirunelveli Corporation with effect from 1.7.1981 and 23 other Municipalities with effect from 1.7.1991. In all these areas Urban Land Tax was levied based on the market value as on 1.7.1981. The slab rate for levy of Urban Land Tax is as follows:S.No All Urban lands in Chennai All Urban lands in Chennai City Belt Area Corporation and other Corporation/Municipal Areas. 1. First 2 grounds Nil First three Nil grounds 2. Where the 0.7% of Where the 0.7% of aggregate extent the aggregate extent the does not exceed market does not exceed market five grounds. value seven grounds value 1% of the Where the 1% of 3. Where the aggregate extent market aggregate extent the exceeds five but market exceeds seven value but does not does not exceed value exceed 10 10 grounds grounds 1.5% of 1.5% of Where the 4. Where the aggregate extent the aggregate extent the exceeds ten but market exceeds ten but market does not exceed value does not exceed value 20 grounds 20 grounds 2% of the Where the 2% of 5. Where the aggregate extent market aggregate extent the value market exceeds 20 exceeds 20 grounds value grounds
89 According to Section 29 of the Act, lands owned by Central Government, State Government, Local bodies, land used as Public Roads, Public Libraries, Hospitals aided by State Government, Public parks and Museums, Burial Grounds, lands used for housing destitutes and orphanages are exempted from levy of Urban Land Tax. Land exclusively used for public worship, land notified as Slum, lands used by Schools, Colleges which have been recognised by Tamil Nadu Government and Universities are also exempted from the levy of Urban Land Tax. The Government may grant exemption from payment of Urban Land Tax under section 27(1) of the Act in respect of the lands owned by Charitable, Religious, Philanthropic and other institutions, if the payment of Urban Land Tax causes undue hardship to the above institutions. Further, i) 50% tax concession is granted for owners occupation in the residential building and in respect of Sabhas, Clubs and Studios.
ii)
90 25% tax concession is granted for certified Small Scale Industries in respect of lands owned and used by the owner of the land.
iii)
Under the Amended Act 1991 a sum of Rs.40.19 crores was levied as Urban Land Tax in 1,85,881 cases all over the state as on 28.2.2010. After excluding the amount covered by exemption under various categories and the demand reduced on the basis of revised orders passed, the current annual demand is arrived at Rs.19.00 crores. A sum of Rs.9.55 crores (Arrear and current) has been collected from April 2009 to February 2010. As on 01.3.2010 the Balance collectable demand of Urban Land Tax is Rs. 95.12 Crores.