Note on Tamil Nadu Land Laws in Detail

Tamil Nadu Land laws were enacted with an inherent aim to redistributing the
ownership holdings from the point of view of social justice and reorganizing the land for the
optimal utilization of land. Besides this, there is a problem of tenancy i.e. right and conditions
of land holdings. Land reforms aimed at providing security of tenure, fixation of rents and
conferment of ownership. The entire concept of land reforms aims at the abolition of
intermediaries and bringing the actual cultivator in direct contact with the state. Along with
this, the provisions of security of tenancy and rent regulations provide a congenial atmosphere
in which the agriculturalist feels sure of reaping the fruits of his labor.
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 was enacted
will view to reducing the disparity of agricultural land, concentration of such lands with a few
people to distributing such lands among the landless poor. In the beginning ceiling area for a
family of five members was fixed at 30 standard areas with an allowance of 5 standard acres
for additional member in the family, subject to the overall ceiling area of 60 standard acres.
Subsequently, the ceiling was reduced considerably to 15 acres and no one allowed to posses
more land. The remaining surplus land are acquired by the government by a way of Act named
Tamil Nadu Land Reforms (FCL) Act, 1961 subsequently disposed to the landless farmers by
way of Tamil Nadu Land Reforms (Disposal of Surplus Land) rules, 1965. Under the
provisions of the Tamil Nadu Cultivating Tenants (payment of Fair rent) Act, 1956 and Tamil
Nadu Public trusts (Regulation of Administration lands) Act, 1961, the fair rent payable by
the cultivating tenant to the land holder varied from 33 1/3 per cent to 40 percent. National
Policy is that the fair rent due to the land holder from the tenants should be fixed so as not to
exceed 25 per cent of the gross produce. The Tamil Nadu cultivating Tenants (Payment of
fair rent amendment) Act, 1980 (Tamil Nadu Act 17 of 1980) and the Tamil Nadu Act 18 of
1980 have been enacted for reducing the fair rent to 25 per cent of the normal gross produce.
The exemption from the fair law earlier applicable to sugarcane has also been withdrawn
Subsequently, by the Tami Nadu Act 4 of 1946, the provisions of the Tamil Nadu
Cultivating Tenants (Payment of Fair Rent) Act, 1956 have been extended to Kanyakumari
District. Public trust cannot cultivate land excess of 20 standard acres, it is districted by
Assistant Commissioner concerned to lease out the lands to eligible persons. Under section
52(1) of the Act, government also accord exemption in respect of certain lands by certain public
trusts from the provisions of the Act. The fair rent payable by the tenants comes under the
Tamil Nadu Cultivating Tenants (payment of fair rent) Act, 1956, which in comes under the
gross produce.
The Tamil Nadu Occupants of Kudiyiruppu (protection from eviction) Act, which is
25 percent of the gross produce1. This Act protects the interest of persons occupying
Kudiyiruppu from eviction by landlords. Under section 3(1) of the Act, no person occupying a
Kudiyiruppu shall be evicted from such Kudiyiruppu except in accordance with provision of
the Act. The government decided to reenact this Act with retrospective effect from 29
November 1973.
This Act provides that no cultivating Tenant shall be evicted from his holdings except
for nonpayment of rent, doing any act injuries to the land and failure to cultivate the crops.

1
Tamil Nadu Public Trusts (Regulation of Administration of Agricultural Lands) Act, 1961, Act 57/61.
Earlier, the disputes under this Act were settled by Revenue Divisional Officers. But tangible
progress cannot be shown because of their multifarious functions. These functions are now
being carried out by eleven (11) Revenue Courts presided over by Deputy Collectors
constituted exclusively for this purpose. By Tamil Nadu Act 4/76, the provisions of the Tamil
Nadu Cultivating Tenants Protection Act, 1955 have been extended to Kanyakumari District2.
Ceilings on Agricultural Holdings
There are two main aspect of ceilings i.e. ceiling on future acquisition and ceiling on
existing holdings. The first plan has suggested the adoption of family holding. The second plan
asked the government to define family holding for the purpose of imposing ceilings. The ceiling
acts of 1961 and 1970 together with amendments constitute the basis land reform of the state.
The Act covered the whole of Madras state except the hill areas. The State was divided into 13
zones in 1962 for the administration of the Act. Each Zone was placed under the jurisdiction
of the revenue divisional officer on special duty.
The Madras Occupants of Kudiyiruppu Act, 1961 was enacted as a temporary
legislation to be in force for period of three years. 3 The idea being was to confer permeant
rights on the occupants of Kudiyiruppu rights of ownership could be undertaken only after or
simultaneously with the enactment of a comprehensive tenancy law which will lay down the
rights of agricultural tenants. It was also felt that a satisfactory and enduring solution on the
question of conferring permanent rights of Kudiyiruppu can be found only after the law dealing
with ceiling on land holdings had been fully implemented and the surplus lands had been taken
over, and after the ryotwari settlement of Inam estates minor imams and leaseholds had been
completed. As this would take some time the Government in 1964 by the Amendment Act,
24/64 extended the late of the principal Act by another period of 3 years and for a further period
of 3 years by the Amendment Act, 15/67. In 1971 legislation was passed conferring permanent
occupancy rights on occupants of Kudiyiruppu, thus assuring right of ownership on the
residential premises of the agricultural population as a permanent measures.
The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961 provides for a
ceiling on existing holdings as well as on future acquisition in the State. The ceiling limit is 30
standard acres (24 to 120 ordinary acres). A standard acre means one acre of wet land assessed
to land revenue at a rate varying from Rs. 10/- to Rs. 15/- per acre. The ceiling will apply to
the aggregate area of the family; the expression family being defined to mean the person, the
husband or wife, his or her minor sons and unmarried daughters and minor grandsons and
unmarried granddaughters in the same male line whose father and mother are dead. In the case
of person governed by Hindu law, minor sons and grandsons shall not include sons and
grandsons between whom and other members of the family a partition by means of a registered
instrument has taken place before the commencement of the Act, i.e. April 6, 1960.
For each member in excess of 5 in the family an additional area of 5 standard acres will be
allowed subject to an outside limit of 60 standard acres for the family. In addition to the ceiling
area, a person or family is entitled to hold 50 acres of grazing land. A further area up to10
standard acres in addition to the ceiling area for the family, s permitted to be retained in case
of Stridhan of the wife.

2
Madras State Administration Report, Government of Madras, Madras 1955-1956, p. 177
3
ibid
Amendments to the Ceiling Law: Under several amendments of the Tamil Nadu Land Reform
(Fixation of Ceiling) Act 1961, the exemptions from the ceiling limit granted in the case of
grazing lands, dairy farming and livestock breeding establishments were revoked by law with
the sanction of the Legislature. The ceiling allowed to a family consisting of more than five
members was reduced from 40 standard acres, as fixed by the 1970 Act, to 30 standard acres
with effect from March. Charitable, religious and educational institutions, for whose continued
exemptions from the ceiling limit, eloquent cases were made out in the year 1961
Village pachayat
Implementation of land ceiling measures
1. Assist in the identification ceiling measures of potential surplus land owners/ their total
land in the panchayat village and other areas.
2. Assist the revenue machinary in conduct of legal proceedings for the enforcement of
land reforms laws
3. Assist in identifcation of families/ indiviuals needing allotment of surplus land
4. Assist in organising land development and producitvity raising measures for indivual
allotees or groups of them
Implementation of tenancy measures
Assist in the identification of tenancy (Including Share tenancy) status. Open as well
as Clandestine. Assist the revenue machinery in its task of securing as well as regulating
tenancy rights or conferring ownership rights as the case may be.
Land Consolidation
1. Secure active and continuing involvement of inhabitants of the local area in different
statges of the operations as set out in the law
2. Assist revenue authorities in the revenue compilation of data on issues like possession
and use of land. Different gradaution of land rights , status of commom land and other
common property and assist in the consoladation of land holding of each pattadar
3. Assist the revenue machinery in ensuring that after consolidation, possession of
assigned plots/ holdings actually accords with the implemented scheme of
consolidation.
Updation and maintanance of land records
1. Assist in continous updating of data relating to agricultural records and other
community lands that is pasture, wasteland, water reservoirs, water ways roads,
embankments
2. Assist the revenue machinery in the updating of land records and mutation proceedings

Panchayat Union
Implememtation of Land Ceiling measures
Assist the Taluk level revenue ceiling measures machinerty to implement various land ceiling
laws. Consult village panchayat in the identification of surplus lands in the different VP areas
and co-ordinate in the work of allocation of surplus lands to poor farmers
Implementation of Tenancy measures
Assist the revenue authorities in its tasks for the tenancy law and share cropping system
implementation
Land Consolidation
Assist to the revenue and land administration authorities for the consolidation of frqagmented
lands
Co-ordination with the legal machinery on a continuing basis
Updating and manintance of land records
Review the works of Tahasildar. Authorised officers in the and updating of land records of
ownership, possession.
District Panchayat
Implemetation of Land reforms in the district
Prepare a status report annually on the implemetation of all land reforms laws in the district
and advise the government on legal changes if required and implementation deficiencies for
correction
Review the land reform activities in the district throught the standing committee on agriculture
district revenue officer will attend all such reviews