Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962

Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962

PREAMBLE

In exercise of the powers conferred by section 110 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), the Governor of Tamil Nadu hereby makes the following rules:--

1. Short title.--

These Rules may be called the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Rules, 1962.

2. Definitions.--

In these Rules, unless the context otherwise requires,--

¹(a) "Act" means the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961), as modified by the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Tamil Nadu Act 17 of 1970);

(b) "authorized agent" means--

(i) a person holding a power-of-attorney authorizing him to act on behalf of his principal; or

(ii) an agent empowered by written authority under the hand of his principal;

(c) "Form" means a Form appended to these Rules;

(d) "section" means a section of the Act.

3. Decision of question whether a person is a member of the Armed Forces.--

(1) Where the authorized officer feels doubtful whether a person is a member of the Armed Forces or not, he shall refer the question to the Government through the Land Commissioner, for decision under the proviso to section 3(29).

(2) The Government shall, before deciding that the person concerned is not a member of the Armed Forces, give him an opportunity of making representation in writing.

(3) The decision of the Government shall be communicated to the person concerned.

¹4

¹4. The notification specified in clause (31) of section 3 shall, besides being published in the Fort St. George Gazette², be published in the following manner, namely:--

(i) publication in the District Gazette and in such local dailies and other journals, as the Government may think fit;

(ii) affixture on the notice boards of the offices of the ³[District Collectors, Revenue Divisional Officers, Authorized Officers, Tahsildars, Panchayat Union Councils, and Panchayats];

(iii) beat of tom-tom in the villages.

5. Form of return under section 8(1).--

The return to be furnished to the authorised officer under section 8(1) shall be in Form 2.

⁴5-A. Manner of giving reasonable opportunity under the proviso to Explanation III to section 8(1).--

(1) On receipt of a return in Form 2 furnished by a person in management of a family or of the property of such family under Explanation III to section 8(1), the authorized officer shall issue a notice in Form 2-A to the other members of the family, calling upon them to make their representations and adduce evidence, if any, in respect of such return on a date specified in the notice.

(2) If any member of the family to whom a notice has been issued under sub-rule (1), applies for a copy of the return referred to, it shall be furnished to him free of cost.

6. Mode of furnishing return in Form 2, 16 or 17.--

The return in Form 2, 16 or 17 shall be furnished either,--

(i) by presenting it in person or by agent, to the authorized officer or in the absence of the authorized officer, to the head ministerial officer of his office; or

(ii) by sending it by registered post to the authorized officer.

7. Notice under section 9(1) etc.--

(1) The notice to be issued by the authorized officer under section 9(1) shall be in Form 3.

(2) The copy of the return, the additional particulars or the information to be forwarded under section 9(3) ⁵[...] shall be forwarded by the authorized officer to the Land Board ⁶[...] within thirty days from the date on which such return or additional particulars was or were furnished, or such information was obtained, as the case may be.

8. Manner of service of notice or order under the Act or the rules.--

Any notice or order issued or made under the Act or under these Rules shall be served on the persons concerned in the following manner, namely:--

(a) in the case of any company, society or association of individuals, whether incorporated or not, be served--

(i) on the secretary or any director or other principal officer of the company, society or association of individuals, as the case may be; or

(ii) by leaving it or sending it by registered post acknowledgement due addressed to the company, society or association of individuals, as the case may be, at the registered office, or if there is no registered office, then, at the place where the company, society or association of individuals, as the case may be, carries on business;

(b) in the case of any firm, be served--

(i) upon any one or more of the partners; or

(ii) at the principal place at which the partnership business is carried on, upon any person having at the time of service the control or management of the partnership business;

(c) in the case of a family be, served upon the person in management of such family or of the property of such family, in the manner specified in clause (d);

(d) in the case of an individual person, be served--

(i) by delivering or tendering the notice or order to the person concerned or his Counsel or authorized agent; or

(ii) by delivering or tendering the notice or order to some adult member of the family; or

(iii) by sending the notice or order to the person concerned by registered post acknowledgement due; or

(iv) if none of the aforesaid modes of service is practicable, by affixing the notice or order in some conspicuous part of the last known place of residence or business of the person concerned.

9. Manner of obtaining information under section 9(2)(a), 61(3)(a) or 102(2)(a).--

When the authorized officer has to obtain information under section 9(2)(a), 61(3)(a) or 102(2)(a), he or his agent may obtain it in the following manner, namely:--

(i) by making such enquiry, as he or his agent may deem fit; or

(ii) by local inspection; or

(iii) by reference to any Government records; or

(iv) in such other manner, as the authorized officer or his agent may deem fit.

10. Manner of verification of information obtained under rule 9.--

(1) After obtaining the information under rule 9, the authorized officer shall fix the date on which the enquiry in respect of such information will be held and shall issue a notice to the person concerned in Form 4. The notice shall be served on the person concerned together with a copy of the statement containing the information obtained under rule 9.

(2) On the date fixed for the enquiry, or on such other date or dates to which the enquiry may be adjourned by the authorized officer, the authorized officer shall give to the person concerned, a reasonable opportunity to adduce any documentary or oral evidence. The authorized officer may also examine such other person or admit such other document, as he considers necessary, to verify the correctness of the information furnished in the statement specified in sub-rule (1).

11. Procedure to be followed by the authorized officer.--

(1) The proceedings of the authorized officer shall be summary and shall, subject to the provisions of the Act and these rules, as far as possible, be governed by the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908), with regard to--

(a) the issue and service of summons;

(b) the examination of parties and witnesses;

(c) the production of documents;

(d) the amendment of pleadings;

(e) the addition of parties;

(f) the passing of ex parte orders and setting them aside for good cause;

(g) the ordering of dismissal for default of appearance and setting aside such orders for good cause;

(h) the reviewing of orders passed on the ground of apparent error;

(i) local inspection; and

(j) the passing of orders.

(2) A summons requiring the attendance of any person or for the production of any document during an enquiry under the Act or these rules shall be in Form 5.

12. Draft statement under section 10(1).--

(1) The draft statement to be prepared under section 10(1) shall be in Form 6.

(2) The draft statement under section 10(1) shall be published in the following manner, namely:--

(i) publication in the Fort St. George Gazette²;

(ii) publication in the District Gazette of the district in which the land included in the draft statement is situated;

(iii) affixture on the notice board of the office of the authorized officer within whose jurisdiction the land included in the draft statement is situated;

(iv) affixture on the notice board of the office of the Tahsildar of the taluk and the Panchayat Union Council of the Panchayat Development Block in which the land included in the draft statement is situated;

(v) affixture in the village chavadi or, if there is no village chavadi, in some other conspicuous place in the revenue village in which the land included in the draft statement is situated; and

(vi) in a case where the land included in the draft statement is situated within a panchayat or municipality, by affixture on the notice board of the office of the panchayat or municipality, as the case may be.

(3) The notice under section 10(5) shall be in Form 7.

13. Objection and enquiry under section 10(5).--

(1) The objection to be preferred under section 10(5) shall be in writing and shall be signed and verified by the objector.

(2) If any objection is received within the time specified in the notice under section 10(5) ⁷[...], the authorized officer shall fix a date for hearing the objection and give notice thereof in Form 8 to the objector and to the persons referred to in section 10(5) along with a copy of the objection. The persons referred to in section 10(5) shall be entitled to make a written representation against the objection, on or before the date fixed by the authorized officer for the enquiry and also to attend the enquiry.

(3) On the date fixed for the enquiry or on such other date or dates to which the enquiry may be adjourned by the authorized officer, the authorized officer shall hear the objector or his authorized agent and also the persons referred to in section 10(5) and record the evidence that may be adduced in the matter.

14. Demarcation of land to be declared as surplus.--

(1)     (a) Where a person has opted to declare as surplus land, his share or part thereof in the land held by an undivided Hindu family, Marumakkattayam tarwad, Aliyasanthana family or a Nambudiri illom or in one or more of his holdings held jointly by him along with others; or

(b) where a family or an individual person has opted to declare as surplus land, the share or part thereof, of the family or of the individual person in the land held by a firm, society, or association of individuals (whether incorporated or not) or by a company (other than a non-agricultural company); and

(c) where the authorised officer proposes to declare any such share or part as surplus land,

the authorized officer shall, except where such share or part consists of whole survey fields or sub-divisions, demarcate such share or part before determining the surplus land of the person or family, as the case may be.

(2) Before demarcating the share or part thereof under sub-rule (1), the authorized officer shall cause to be served on the person concerned and all other persons having interest in the holding from which the share or part is to be demarcated, a statement showing the particulars of the land comprised in the holding and the share or part thereof of the person in such holding, together, with a notice ⁸[in Form 8-A] calling upon them to appear and file objections, if any, on a date specified in the notice.

(3) After considering the objections, if any, filed under sub-rule (2), the authorized officer shall demarcate the share or part thereof.

(4) Where a portion of a land held by a person has to be declared as surplus land, the authorized officer shall demarcate the said portion. Before demarcating the portion, the authorized officer shall cause to be served on the person concerned a notice ⁸[in Form 8-B] fixing the date on which the demarcation is to be made and shall demarcate the portion of the land in accordance with the provisions of section 10(3) and (4) and, as far as practicable, in the presence of the person concerned.

15. Plotted sketch of land to be declared as surplus to be prepared.--

Before the publication of the final statement under section 12 or 14, the authorized officer shall prepare or cause to be prepared and place on record a plotted sketch showing the land declared as surplus in cases where new sub-divisions of survey fields are involved. The sketch shall be prepared after a personal inspection by the authorized officer or by an officer of the Revenue Department not lower in rank than a Revenue Inspector and empowered by the authorized officer in this behalf.

16. Procedure for decision of questions of title by the authorized officer.--

In deciding questions of title in the cases referred to in section 11(1), the authorized officer shall hold a summary enquiry. The parties concerned shall be given a reasonable opportunity of being heard and of adducing any documentary or oral evidence. The authorized officer may also examine such other person or admit such other document as he considers necessary. The authorized officer shall, subject to the provisions of section 11(2), pass orders after considering the evidence in the matter.

17. Final statement under section 12 or 14.--

(1) The final statement to be published under section 12 or 14 shall be in Form 9.

(2) The statement referred to in sub-rule (1) shall be published in the manner specified in rule 12(2).

(3) The statement referred to in sub-rule (1) shall be served on the persons referred to in section 10(5) in the manner specified in rule 8.

18. Procedure to be followed for rectifying bona fide mistakes and clerical errors under sections 15, 36 ⁹[...] or 50(10).--

Before ordering rectification of bona fide mistakes or clerical or arithmetical mistakes under sections 15, 36, ⁹[...] or 50(10), the authority or officer concerned shall issue a notice in Form 10 to the parties who would be affected by such rectification and give them a reasonable opportunity of being heard.

19. Enquiry under section 17(3).--

(1) The application to the authorized officer under section 17(3) shall be in Form 11, accompanied by as many copies of it as there arc respondents.

(2) The application shall be presented in person or by agent or sent by registered post to the authorized officer.

(3) On receipt of the application, the authorized officer shall cause notice to be served upon the respondents together with copies of the application, to show cause in writing on or before a date specified, as to why the application should not be allowed.

(4) The respondents shall be given at least a period of one month from the date of service, for the purpose of filing their objections in writing and the notice issued to them shall also intimate the date, time and place for such enquiry:

Provided that the authorized officer may, for sufficient cause, extend the time allowed for filing the objections.

(5) The respondent shall, at the same time when he files his objections before the authorized officer, serve a copy thereof on the applicant or his counsel or authorized agent.

(6) The authorized officer may, for reasons to be recorded in writing, adjourn the proceedings, from time to time, under intimation to the parties.

(7) When the authorized officer has to fix the fair rent for any land while hearing an application under section 17(3), he shall calculate the fair rent in the manner specified in paragraph 4 of Part I of Schedule III to the Act.

(8) The authorized officer shall on the completion of the enquiry, pass an order determining the amount of compensation payable under section 17(2) and specifying the person or the persons to whom such compensation shall be paid.

20. Notification under section 18(1).--

The notification to be published under section 18(1) shall be in Form 12. It shall, besides being published in the Fort St. George Gazette², be published in the District Gazette of the district in which the land specified in the said notification or any part thereof is situated.

21. Manner of publication of proclamation under section 18(2)(a).--

The proclamation referred to in section 18(2)(a) shall be published in English and Tamil and also in any other language of the local area, in the following manner, namely:--

(i) affixture in the village chavadi in the village or town, or if there is no village chavadi, in some other conspicuous place in the village or town, in which any part of the land specified in the notification under section 18(1) is situated;

(ii) beat of tom-tom in the said village or town;

(iii) affixture on the notice board of the office of the panchayat or municipality in which any part of the land specified in the notification under section 18(1) is situated; and

(iv) affixture on the notice board of the office of the Tahsildar of the taluk concerned and of the office of the authorized officer concerned and also of the office of the panchayat union council of the panchayat development block in which the land specified in the notification under section 18(1) is situated.

22. Harvest of crop standing on surplus land.--

Where there is any crop standing on the surplus land acquired by the Government under section 18 on the date of the publication of the notification under section 18(1), the authorized officer may permit the harvest of such crop by the person who had raised such crop allowing him sufficient time after the crop has become ripe:

Provided that if the crop is not harvested within the time allowed by the authorized officer in this behalf, the authorized officer may himself arrange for the harvest of the crop, sell the produce, and pay the proceeds thereof to the person who had raised the crop after deducting the cost of harvest and other incidental charges.

23. Cultivating tenant to continue in possession of land acquired under section 18 in certain cases.--

(1) Subject to the other provisions of these rules, where the surplus land acquired under section 18 is in the possession of a cultivating tenant, such cultivating tenant may, on application made by him to the authorized officer in Form 13, be allowed to continue in possession of such land:

Provided that the extent of land so allowed to be continued in his possession together with the other land, if any, held by him shall not exceed five standard acres.

Explanation.-- For the purpose of this rule, "cultivating tenant" shall have the same meaning as in section 3(10) and shall include any tenant who is in actual

possession of land, but does not contribute his own physical labour or that of any member of his family in the cultivation of such land.

(2) The application referred to in sub-rule (1) shall be made within one month from the date of publication of the notification under section 18(1).

(3) The authorized officer may, on receiving the application referred to in sub-rule (1), make such local inquiry and inspection as may be necessary or cause it to be made by an officer of the Revenue Department not lower in rank than a Revenue Inspector who shall re-submit the application to the authorized officer with his report.

(4) After such inquiry or inspection or on receipt of the report referred to in sub-rule (3), the authorized officer shall, if he is satisfied as to the bona fides of the application and the applicant's solvency and capacity to undertake the lease, pass orders allowing the applicant to continue in possession of the surplus land on lease. If he is not so satisfied, he shall reject the application. The orders passed on any application shall be communicated to the party concerned.

(5) The order allowing the cultivating tenant (hereinafter in this rule referred to as the lessee) to continue in possession of the land shall be, subject to the conditions hereinafter specified, namely:--

(a) The lessee shall execute a lease deed in such form as may be specified by the Government, within one month from the date on which the authorized officer passes orders allowing the lessee to continue in possession of the land.

(b) The period of lease shall be for one agricultural year in the first instance and, thereafter, the lease may be renewed annually at the discretion of the authorized officer and such renewal shall be, subject to such modifications and additions as may be specified by the authorized officer.

(c) The lessee shall, within fifteen days from the date of sanction of the lease, deposit one year's rent as security for the due observance and fulfilment of the terms and conditions of the lease and such security deposit shall, unless otherwise dealt with under these rules, be refunded to the lessee after the expiry of the lease.

(d) The rent chargeable for the land shall be an amount equal to the fair rent calculated in the manner specified in paragraph 4 of Part I of Schedule III to the Act and shall be payable before such date or dates as may be fixed by the authorized officer.

(e) Arrears of rent shall bear interest at six per cent per annum from the date on which the rent becomes due.

(f) The lessee shall not use the land or allow it to be used except for the purpose for which it is leased.

(g) The lessee shall permit the officers and servants of the Government with or without workmen, at all times, to enter upon the land, to inspect the condition of the land or to execute any work thereon.

(h) The lessee shall not assign or underrate the benefits arising under the lease, without the previous written permission of the authorized officer.

(i) The lessee shall take all reasonable measures to the satisfaction of the authorized officer to protect from loss, danger or destruction and to maintain in a proper state of repair, compound walls, bunds and ridges, drainage and irrigation canals and channels, wells, tanks, embankments and structures, gates and pathways, and all other improvements on the land (whether permanent or not) including trees and plants. He shall also take adequate safeguards against trespass by animals or humans and against deterioration of the land generally.

(j) The lessee shall see that the marks, if any, made by the officers of the Government on trees or other improvements, are preserved and not tampered with.

(k) The lessee shall have no rights whatsoever to any trees standing on the land.

(l) The lessee shall not cut or remove any live trees or plants or cause them to be cut or removed without the previous written permission of the authorized officer. He shall hand over, from time to time, the trees cut with the authorized officer's permission, and also the withered, wind-fallen or dead trees and branches, to the village officer who shall arrange for their sale in public auction and remit the proceeds thereof to the Government after deducting the charges incidental thereto.

(m) The lessee shall not erect any buildings, fences, or structures of a permanent or temporary character on the land without the previous written permission of the authorized officer.

(n) On the expiry of the period of the lease or termination thereof under clause (r), the lessee shall restore the land to the Government in the state in which it was leased out to him.

(o) All amounts payable by the lessee to the Government under these rules shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force.

(p) When there is a total or partial failure of crops, remission of rent shall be allowed to the lessee to the same extent, on the same principle, and in the same proportion, as remission of land revenue assessment is allowed by the Government.

(q) When a lessee dies, his heirs shall have the option to continue in possession of the land for the unexpired period of the lease on the same terms and conditions.

(r) In the event of infringement of any of the terms and conditions specified in these rules or in the order allowing the lessee to continue in possession of the land or in the deed witnessing the lease, the lessee shall be liable to forfeit the amount of deposit made by him under clause (c) and to pay such compensation as may be determined by the authorized officer, for any loss or damage resulting from such infringement. Such infringement shall also render the lease liable to termination without compensation to the lessee. It shall also be competent for the authorized officer or any person authorized by him, to enter upon the land leased out and evict the lessee summarily from the land:

Provided that before taking action under this clause, the lessee shall be given a reasonable opportunity of showing cause against the action proposed to be taken.

(6) If the lessee desires to have the lease renewed, he shall apply to the authorized officer for renewal in Form 13, and not less than three months before the date of expiry of the lease.

24. Co-operative society, etc., to continue in possession of land acquired under section 18(1) in certain cases.--

(1) Subject to the other provisions of these rules, where the surplus land acquired under section 18 is in the possession of any cooperative society registered or deemed to have been registered under the Tamil Nadu Co-operative Societies Act, 1932 (Tamil Nadu Act VI of 1932)¹⁰ or under the Travancore-Cochin Co-operative Societies Act, 1951 (Travancore-Cochin Act X of 1952) or any land mortgage bank to which the Tamil Nadu Co-operative Land Mortgage Banks Act, 1934 (Tamil Nadu Act X of 1934)¹¹ applies or any agricultural company, such co-operative society, land mortgage bank or agricultural company may, on application made by it to the authorized officer in Form 14, be permitted to continue in possession of such land.

(2) The application referred to in sub-rule (1) shall be made within one month from the date of publication of the notification under section 18(1).

(3) The authorized officer shall, on receipt of the application referred to in sub-rule (1), cause such enquiry as he considers necessary to be made, on the working of the co-operative society, land mortgage bank or agricultural company, and, if he is of the opinion that it is functioning satisfactorily and that the continued possession of the land by such co-operative society, land mortgage bank or agricultural company will best subserve the common good and increase agricultural production, the land shall, subject to the provisions of sub-rule (4), be permitted to continue in its possession.

(4) The order permitting the co-operative society, land mortgage bank or agricultural company (hereinafter in this sub-rule referred to as the lessee), to continue in possession of the land shall be, subject to the conditions hereinafter specified, namely:--

(a) The lessee shall execute a lease deed in such form as may be specified by the Government within one month from the date on which the authorized officer passes orders permitting the lessee to continue in possession of the land.

(b) The period of lease shall be five years and, on the expiration of that period, the authorized officer may, from time to time, renew the lease for such period not exceeding five years at a time. Such renewal shall be, subject to such modifications and additions as may be specified by the authorized officer.

(c) The rent chargeable for the land shall be an amount equal to the fair rent, calculated in the manner specified in paragraph 4 of Part I of Schedule III to the Act and shall be payable before such date or dates, as may be fixed by the authorized officer.

(d) Arrears of rent shall bear interest at six per cent per annum from the date on which the rent becomes due.

(e) The lessee shall not use the land, or allow it to be used, except for the purpose for which it is leased.

(f) The lessee shall permit the officers and servants of the Government, with or without workmen, at all times, to enter upon the land, to inspect the condition of the land or to execute any work thereon.

(g) The lessee shall not assign or underrate the benefits arising under the lease, without the previous written permission of the authorized officer.

(h) The lessee shall take all reasonable measures to the satisfaction of the authorized officer to protect from loss, danger or destruction and to maintain in a proper state of repair, compound walls, bunds and ridges, drainage and irrigation canals and channels, wells, tanks, embankments and structures, gates and pathways, and all other improvements on the land (whether permanent or not) including trees and plants. The lessee shall also take adequate safeguards against trespass by animals or humans and against deterioration of the land generally.

(i) The lessee shall see that the marks, if any, made by the officers of the Government on trees or other improvements, are preserved and not tampered with.

(j) The lessee shall have no rights whatsoever to any trees standing on the land.

(k) The lessee shall not cut or remove any live trees or plants, or cause them to be cut or removed, without the previous written permission of the authorized officer. The lessee shall hand over, from time to time, the trees cut with the authorized officer's permission, and also the withered, wind-fallen or dead trees and branches, to the village officer, who shall arrange for their sale in public auction and remit the proceeds thereof to the Government after deducting the charges incidental thereto.

(l) The lessee shall not erect any buildings, fences, or structures of a permanent or temporary character, on the land, without the previous written permission of the authorized officer.

(m) On the expiry of the lease or termination thereof under clause (p), the lessee shall restore the land to the Government in the state in which it was leased out to it.

(n) All amounts payable by the lessee to the Government under these rules shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force.

(o) When there is a total or partial failure of crops, remission of rent shall be allowed to the lessee to the same extent, on the same principle, and in the same proportion, as remission of land revenue assessment is allowed by the Government.

(p) In the event of infringement of any of the terms and conditions specified in these rules or in the order permitting the lessee to continue in possession of the land or in the deed witnessing the lease, the lessee shall be liable to pay such compensation as may be determined by the authorized officer for any loss or damage resulting from such infringement. Such infringement shall also render the lease liable to termination without compensation to the lessee. It shall also be competent for the authorized officer or any person authorized by him to enter upon the land leased out and evict the lessee summarily from the land:

Provided that before taking action under this clause, the lessee shall be given a reasonable opportunity for showing cause against the action proposed to be taken.

(q) The lessee shall have the option of surrendering possession of the land even before the expiry of the term of the lease, by giving to the authorized officer three months notice expiring with the end of an agricultural year.

(5) If the lessee desires to have the lease renewed, the lessee shall apply to the authorized officer for renewal in Form 14, not less than three months before the date of expiry of the lease.

25. Declaration under section 19(1).--

(1) The declaration to be made by a transferee under section 19(1) shall be in Form 15.

Explanation I.--Where the declaration has been signed by the transferee, it shall be filed before the registering authority by the transferee, either in person or by an authorized agent.

Explanation II.--Where the transferee is--

(a) dead before the filing of the declaration, each legal representative of the deceased transferee shall file it, ¹²[either in person or by an authorized agent];

(b) a minor, lunatic, idiot or one, who is subject to a like disability, the declaration shall be made by the guardian, manager or other person in charge of such person or of the property of such person, ¹³[and shall be filed, either in person or by an authorized agent];

(c) a company or other corporate body, the declaration shall be signed by any person competent to act for such company or body in this behalf, ¹³[and shall be filed either in person or by an authorized agent].

(2) One copy of the declaration referred to in sub-rule (1) shall be forwarded to the authorized officer concerned by the registering authority. Copies of the declarations filed during a fortnight shall be forwarded by the registering authority within a week after the expiry of the fortnight by registered post with an invoice in duplicate showing the number of declarations sent and the registration numbers of the documents to which the declarations relate. The authorized officer shall, on receipt of the declarations, return the duplicate copy of the invoice duly acknowledged.

(3) The authorized officer shall verify the correctness of the particulars furnished in the declaration in regard to the extent of land already held as well as that of the land acquired by the transferee, by making such local enquiry and inspection as he considers necessary, either by himself or through any officer of the Revenue Department, not lower in rank, than a Revenue Inspector. If the authorized officer has reason to believe that there has been contravention of any of the provisions of the Act in any particular case, he may take such action as he deems fit in accordance with the provisions of the Act or these rules.

(4) If the authorized officer has reason to believe that a part of the holding of the transferee is situated within the jurisdiction of another authorized officer, he may address the authorized officer concerned for verification of the correctness of the particulars furnished in the declaration relating to such holding and the latter shall verify the correctness of such particulars in the manner specified in sub-rule (3) and make a report to the former.

26. Returns under section 21.--

(1) The return to be furnished under section 21(1) shall be in Form 16.

(2) The return to be furnished under section 21(2) shall be in Form 17.

¹⁴27. Qualification of non-official members of the Land Board nominated under section 24(2)(d).--

The two non-official members to be nominated by the Government under section 24(2)(d) to serve on the Land Board, shall be, persons having, in the opinion of the Government, knowledge of the working and development of plantations.

28

28. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1973.]

29

29. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1913.]

30. Application under section 30 and the mode of presentation.--

(1) The application to the Land Board under section 30 shall be in Form 19, accompanied by a site plan drawn to scale, showing the existing area under plantation and the area proposed for acquisition.

(2) It shall be presented in person or by agent or be sent by registered post to the Secretary to the Land Board.

31. Additional matter to be considered by the Land Board when granting or refusing permission under section 31.--

In deciding whether to grant or refuse permission under section 31, the Land Board shall, in addition to the matters specified in section 32, take into consideration the suitability of the land proposed to be acquired for the extension, or for ancillary purposes, of the plantation.

32

32. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1973.]

33

33. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1913.]

34. Headquarters of the Land Board 15[...] and the procedure for their meetings.--

(1) The head quarters of the Land Board 15[...] shall be at ¹⁶[Chennai].

¹⁷(2) The Land Board shall meet as and when the Chairman of the Land Board considers that it is necessary that the Land Board should meet.

(3) Seven days' notice in the case of ordinary meetings, and as much notice as is practicable in the case of special meetings shall be given to members.

(4) The Land Board 15[...] shall ordinarily sit for the transaction of business at the headquarters, but may sit at such other place as may be fixed by the Chairman. The Chairman shall fix the time for each meeting. In fixing the place and time for meetings, the Chairman shall have regard to the convenience of the Board and of the parties.

(5)     (a) The Secretary to the Land Board 15[...] shall send to each member, at least three clear days in advance, a copy of the agenda for the meeting approved by the Chairman, together with copies of the notes on the various subjects included thereon.

(b) The Secretary to the Land Board 15[...] shall send to each member, at least a day in advance, a copy of the supplementary agenda, regarding urgent items, if any, for the meeting approved by the Chairman, together with copies of the notes on the various subjects included therein.

(6)      (a) The quorum for a meeting of the Land Board 15[...] shall be three members including the Chairman, or the member presiding.

(b) If there is no quorum within 15 minutes of the time appointed for the meeting, the Chairman or the member presiding shall adjourn the meeting to a future date, unless the members present agree to wait for any further time.

(c) No quorum shall be necessary at an adjourned meeting.

(7)     (a) No subject other than those included in the agenda or supplementary agenda for a meeting, shall be considered or discussed at that meeting. If any member desires to send any note or subject for inclusion in the agenda and if it reaches the Chairman ten days in advance of a meeting, it shall be included in the agenda for the meeting in question.

(b) No subject shall be considered at an adjourned meeting other than those included in the agenda or supplementary agenda for the original meeting, provided that the Chairman may, with due notice, also bring or direct to be brought before an adjourned meeting any new matter which in his opinion is urgent.

(c) Any point of order raised at a meeting shall be decided by the Chairman and his decision shall be final.

(8)     (a) In making an enquiry under the provisions of the Act, the Land Board 15[...] may examine orally any party or any other person who, in the opinion of the said Board, is likely to be acquainted with the matter under enquiry or any fact relevant thereto and the Chairman shall reduce to writing the substance of such examination.

(b) Such party or other person shall be bound to answer truly all questions relating to such matter or fact put to him by the said Board, other than questions the answers to which would expose him to criminal charge or to a penalty or forfeiture.

(9) The proceedings of every meeting of the Land Board 15[...] together with the names of the members present, shall be recorded and compiled by the Secretary to the Board in an appropriate manner.

35

35. [Omitted by G.O. Ms. No. 77/88, Revenue, dated the 24th March 1988]

36. Remuneration and allowances to non-official members of the Land Board.--

Non-official members nominated by the Government to serve on the Land Board shall be paid, such remuneration and allowances as may be fixed by the Government.

37. Travelling allowances.--

The Chairman and other members of the ¹⁸[Land Board] shall be entitled to the payment of travelling allowances for the journeys performed by them for the purposes of the said Board as shown below:--

(i) The Chairman and Members of the Board who are Government servants, shall be allowed to draw travelling allowances admissible to them under the ¹⁹[Tamil Nadu] Travelling Allowance Rules.

(ii) Any non-official who is ²⁰[...] ²¹[...] a member of the Land Board, shall be allowed travelling allowances applicable to I Class Government Committees at the rates specified in ruling (8) to Part III of the Manual of Special Pay and Allowances, Volume I.

(iii) The Chairman of the Land Board ²⁰[...] shall be the Controlling Officer in respect of his travelling allowance bills and the Chairman of the Land Board shall be the Controlling Officer in respect of the travelling allowance bills of the non-official members of the Land Board nominated under section 24(2)(d). Any other member of the Land Board ²⁰[...] shall be the Controlling Officer in respect of his travelling allowance bills.

38. Power to appoint officers and servants of the Land Board ²²[...].--

The Chairman of the Land Board ²²[...] shall be the appointing authority in respect of the officers (other than the Secretary) and servants of such Board.

39

39. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1973]

40. Claim for compensation.--

(1) Every person claiming compensation under section 50(1) shall prefer the claim in Form 21.

(2) It shall be presented in person or by agent or be sent by registered post to the authorized officer.

41. Procedure for determination of fair rent.--

(1) On receipt of claims for compensation within the period specified in section 50(2) or if no such claim is preferred within that period, the authorized officer shall, at any time after the expiry of that period, determine the fair rent in respect of the surplus land in the manner specified in paragraph 4 of Part I of Schedule III to the Act. If the surplus land or part thereof is situated within the jurisdiction of another authorized officer, the authorized officer concerned may get the relevant particulars required for the fixation of fair rent from the authorized officer in whose jurisdiction the land is situated. The latter shall furnish the particulars to the former after verifying the correctness of such particulars by himself or by some other officer as he thinks fit.

²³(2) In computing the fair rent in terms of cash, the authorised officer shall fix the cash value of the crop in a fair and reasonable manner, with reference to post harvest prices for the crop prevailing in the area in the year of the publication of the notification under section 18(1). In doing so, he shall take into consideration the Government records containing the season and crop and price reports and also consult the Director of Statistics²⁴, if considered necessary:

Provided that where maximum price has been notified under any statutory provision, such price shall not be exceeded.

(3) Subject to the provisions of paragraph 4 of Part I of Schedule III to the Act, for determining the normal gross produce in respect of any land for any specified crop, the authorized officer shall ascertain the quantity of the produce which will be obtained if such crop were grown in a year in which the rainfall and the seasons are of a normal character, on a land of the same class as the land in question similarly situated and possessing similar advantages. For the purposes of such determination, the authorized officer may take into consideration,--

(a) the soil classification of the land and the normal or standard out turn of paddy in the case of wet land and of the dry or irrigated crop in the case of dry unirrigated or irrigated land for the different classes and sort of soil;

(b) the Government records containing season and crop reports and rainfall accounts;

(c) the accounts of landowners, intermediaries and cultivating tenants wherever available for similar lands enjoying similar advantages; and

(d) the oral or documentary evidence adduced by any of the interested parties and decrees of Civil Courts.

42. Authorized officer may direct enquiry to be made by other officer.--

(1) In any proceeding under the Act, the authorized officer shall have also power to depute any officer of the Revenue Department not lower in rank than that of a Revenue Inspector to make local enquiry and inspection and to collect relevant data.

(2) The officer so deputed shall submit a report of such enquiry and inspection in writing and this report shall be part of the evidence in the proceeding.

(3) The parties to the proceeding shall be entitled to be furnished with copies of the report and may file objections thereto. The authorized officer shall, in passing orders in the matter, consider the report together with the objections thereto.

43. Party to be represented by counsel or authorised agent.--

(1) In any proceeding under the Act before the authorized officer, the Land Tribunal, the Land Commissioner, or the Land Board, any party shall be entitled to be represented by Counsel to act and plead on his behalf.

(2) The authorized officer, the Land Tribunal, the Land Commissioner or the Land Board, as the case may be, may permit an authorized agent to act and plead on behalf of a party. The permission so granted may, for reasons to be recorded in writing, be cancelled by such officer, Tribunal, Commissioner or Board, as the case may be, at any stage of the proceeding:

Provided that the party concerned shall be informed of such cancellation and he shall be afforded sufficient opportunity for his being thereafter represented in such proceeding by counsel or by any other authorized agent.

44. Manner of apportionment of compensation.--

(1) If there are several persons amongst whom the amount of compensation payable for the surplus land acquired has to be apportioned and if such persons agree in the apportionment of the compensation, the amount of compensation shall be apportioned accordingly and the particulars of such apportionment shall be specified in the draft compensation assessment roll referred to in section 50(3).

(2) In the absence of any agreement as to the apportionment of the amount of compensation amongst the persons interested, the authorized officer shall make a summary enquiry and apportion the amount of compensation among them in proportion to the value of their respective interests.

45. Draft compensation assessment roll.--

(1) The draft compensation assessment roll referred to in section 50(3)(a) shall be prepared in Form 22. The authorized officer shall also record in a separate order his reasons for arriving at the findings set out in the draft compensation assessment roll.

(2) The statement referred to in section 50(3)(a)(i) and the notice referred to in section 50(3)(a)(ii) shall be in Forms 23 and 24, respectively.

(3) The draft compensation assessment roll referred to in sub-rule (1) together with the statement and the notice referred to in sub-rule (2) shall be published in the manner specified in rule 12(2).

46. Objection under section 50(3)(a)(ii).--

The objections to be preferred under section 50(3)(a)(ii) shall be in writing and shall be presented in person or by agent or be sent by registered post to the authorized officer concerned.

47. Final publication of compensation assessment roll.--

The final compensation assessment roll referred to in section 50(5) or 50(6) shall be published in the ²Fort St. George Gazette.

48. Endorsement under section 50(8).--

The certificate referred to in section 50(8) shall be in Form 25 and shall be endorsed by the authorized officer within thirty days from the date of final publication of the compensation assessment roll in the Fort St. George Gazette²⁵.

49. Disposal of claims preferred by mortgagee or charge holder on surplus land under section 51.--

(1) Any mortgagee or charge holder of the surplus land acquired by the Government, who desires to prefer a claim before the authorized officer under section 51(1) shall file an application in Form 26.

(2) It shall be presented in person or by agent or be sent by registered post to the authorized officer having jurisdiction. The claimant shall also send a copy of the application to the respondents concerned.

(3) On receipt of the application under sub-rule (1), the authorized officer shall fix a date for enquiry and issue notices in Form 27 to the parties concerned and decide the claim after giving a reasonable opportunity to the parties to produce such evidence as may be necessary.

50. Return under section 61(1) and notice under section 61(2).--

(1) The return referred to in section 61(1) shall be in Form 28.

(2) It shall be presented in person or by agent or be sent by registered post to the authorized officer within whose jurisdiction the holding of such cultivating tenant or the major part thereof is situated.

(3) The notice to be issued by the authorized officer under section 61(2) shall be in Form 29.

51. Procedure to be followed before taking possession of land under section 62.--

(1) On receipt of the return or the information under section 61 and after following the procedure specified in rules 9 and 10, the authorized officer shall prepare a statement in Form 30 and cause copy thereof to be served on the landowner and the cultivating tenant with a notice in Form 31 calling upon them to file objection, if any, to the said statement within thirty days from the date of service of the notice or within such further time not exceeding thirty days as the authorized officer may, in his discretion, allow. The authorized officer shall give a reasonable opportunity to the landowner and the cultivating tenant for adducing any documentary or oral evidence and pass such orders as he deems fit.

(2) After he has passed orders under sub-rule (1) and after hearing any representation made under the first proviso to section 62, the authorised officer shall issue a notice in Form 32 intimating the landowner and the cultivating tenant of his decision to take possession of the land which is declared to be in excess of the cultivating tenant's ceiling area and the date on which he proposes to take possession of the land. The notice shall be served on the landowner and the cultivating tenant in the manner specified in rule 8.

²⁵(2-A) Notwithstanding anything contained in sub-rules (1) and (2), where the authorised officer finds that the land held by a cultivating tenant in excess of the cultivating tenant's ceiling area is not more than half an acre in the case of wet land or one acre in the case of dry land, the authorised officer may, for reasons to be recorded in writing, leave such excess land in the possession of the cultivating tenant.

(3) Where there is any crop standing on the land taken possession of under section 62, the authorized officer shall, as far as may be, follow the procedure specified in rule 22.

52. Payment of fair rent under section 63(2).--

(1) Within thirty days from the date of service of the notice in Form 32, the landowner shall express his option to receive the fair rent in cash or kind. The fair rent for the land shall, as far as practicable, be payable in accordance with the option expressed by the land owner. When the fair rent is payable in kind, the value of one-fifth of the straw or stalk of all the crops cultivated on the land in an agricultural year, shall also be payable together with the fair rent in kind.

(2) The fair rent shall be payable to the landowner on behalf of the Government by the person to whom the possession of land has been distributed under section 64(1) (hereinafter in these rules referred to as the allottee) within fifteen days from the harvest of each crop after obtaining a receipt from the land owner. If the landowner refuses to accept the fair rent or to give a receipt therefor, the fact of such refusal shall be intimated to the authorized officer and the amount of fair rent or where the fair rent is payable in kind, its cash value shall be remitted to the authorized officer.

(3) In the following cases, the amount of fair rent, or where the fair rent is payable in kind, its cash value, shall be kept in revenue deposit and the authorized officer shall intimate the fact of deposit to the parties concerned:--

(i) where the landowner refuses or is unwilling to receive the fair rent or refuses to give a receipt therefor.

(ii) in case of dispute as to the title to receive the fair rent.

53. Distribution of possession of land under section 64(1).--

(1) The distribution of possession of the land referred to in section 64(1) shall be in accordance with the procedure set out in sub-rules (2) to (10).

(2) While intimating the cultivating tenant of his decision to take possession of the land under the second proviso to section 62, the authorized officer shall cause to be published a notice in Form 33 in the manner specified in items (iii) to (vi) of rule 12(2).

(3) Application for distribution of possession of land under section 64 shall be in Form 34 and shall be presented in person or by agent or be sent by registered post to the authorized officer.

(4) The authorized officer may, on receiving an application under sub-rule (3), make such local enquiry and inspection, as may be necessary or cause it to be made by an officer of the Revenue Department not lower in rank than a Revenue Inspector who shall resubmit the application to the authorized officer with his report.

(5) After such enquiry or inspection or on receipt of the report referred to in sub-rule (4), the authorized officer shall, after such further investigation as he may deem necessary, pass orders, thereon, either allotting the land applied for or rejecting the application. Orders passed on any application shall be communicated to the party concerned. If there are more than one applicant for the same land, the authorized officer shall select two applicants, and shall issue orders to the two applicants simultaneously indicating the order of preference in respect of allotment and calling upon them to remit the security deposit under sub-rule (6) and within the time specified in that sub-rule. If both the applicants remit the security deposit in time, the applicant who is the first in the order of preference indicated as aforesaid shall be allotted the land and the security deposit of the other shall be refunded to him. If, however, the applicant who is the second in the said order of preference alone remits the security deposit in time, then, he shall be allotted the land.

(6) The allottee shall, within ten days from the date of the order of allotment of the land, deposit one year's rent as security for the due observance and fulfilment of the terms and conditions of the allotment and it shall, unless otherwise dealt with under these rules, be refunded to the allottee after the expiry of the allotment period.

(7) The allottee shall execute an agreement in such form as may be specified by the Government within thirty days from the date of the order allotting the land to him.

(8) If the allottee fails to remit the security deposit within the time provided for in sub-rule (6) or fails to execute the agreement within the time provided for in sub-rule (7), the authorized officer shall cancel the order of allotment and may allot the land to any other applicant, whom he considers to have the best claim, if there were more than two applicants, and in other cases, call for fresh applications and proceed to deal with the matter afresh. The applicant who has failed to deposit the amount under sub-rule (6) shall not be eligible for applying for land again under this sub-rule.

(9) Any amount due to the Government from the person to whom possession of land is distributed under section 64, shall be recoverable as arrears of land revenue under the Revenue Recovery Act for the time being in force.

(10) Subject to the provisions of this rule, the terms and conditions applicable to leases under rule 23(5) shall, as far as may be, apply to the allotment of land under this rule.

54. Manner of eviction under section 65.--

The person who has to be summarily dispossessed of the land under the provisions of section 65, shall be served with an order of eviction together with a notice indicating therein the particulars of land and the time within which the said person is required to vacate the land and also stating that if such notice is not obeyed, eviction shall be carried out by entering upon the land. Any crop or other produce raised on the land shall be liable to forfeiture.

55. Return under section 69(1).--

(1) The return referred to in section 69(1) shall be in Form 35.

(2) It shall be presented in person or by agent or be sent by registered post to the authorized officer concerned.

²⁶55-A. Factors to be taken into consideration under section 37-A(3)(c).--

The Government shall, in deciding whether to grant or refuse the permission under sub-section (2) of section 37-A, take into consideration the following factors in addition to the factors specified in sub-section (3) of the said section, namely:--

(a) total extent of land held or proposed to be acquired by the industrial or commercial undertaking;

(b) the extent of land in which industrial or commercial operation is carried on;

(c) the extent of land utilised or proposed to be utilised for the construction of quarters, playgrounds and parks.

²⁷56. Permission to undertakings to hold or acquire excess land.--

(1) Any industrial or commercial undertaking desiring to hold or acquire any land in excess of the ceiling area shall make an application in writing to the Government in the Revenue Department in Form 36.

(2) On receipt of the application, the Government may, after taking into consideration the factors specified in rule 55-A, grant permission to hold or acquire the whole or part of such land, if in their opinion, the undertaking bona fide carries on any industrial or commercial operation.

(3) The permission so granted shall be, subject to the following conditions, namely:--

(i) If the land held by the industrial or commercial undertaking is intended for raising agricultural produce--

(a) the permission shall be for a period of three years, but the Government may, from time to time, extend the permission for a further period not exceeding three years at a time; and

(b) a substantial portion of such produce shall be utilised for the main purpose of the undertaking or for ancillary purposes of such undertaking.

(ii) If the land held by the industrial or commercial undertaking is required for mining operations to be carried out at a future dale, the permission shall be in force only as long as such operations are carried on under any licence or lease granted under the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act LXVII of 1957), and the rules made thereunder and as long as the licence or the lease is in force.

(iii) If the land held by the industrial or commercial undertaking is required for future expansion of the undertaking, the land shall be fully utilised for such expansion within such period as the Government may, from time to time, by general or special order, specify. In the absence of such an order, the land shall be utilised for such expansion within a period of five years from the date of the order granting permission.

(iv) If the land is required by the industrial or commercial undertaking for any purpose other than the purposes referred to above, the undertaking shall comply with such conditions as the Government may specify in the order granting such permission.

(v) The industrial or commercial undertaking shall comply with such other conditions as the Government may, from time to time, by general or special order, specify.

(vi) The industrial or commercial undertaking shall, at all reasonable times, allow the land to be inspected by an officer of the Revenue Department not lower in rank than a Revenue Inspector to verify whether the conditions subject to which the permission has been granted or whether such other conditions as may be specified by the Government by general or special order, are complied with and in any case where such officer, is satisfied that any of the conditions subject to which permission is granted has not been complied with, he shall report the matter to the Government through the Land Commissioner, for such action as the Government may deem fit.

(vii) The industrial or commercial undertaking shall furnish any information called for by the Government or by any officer subordinate to the Government.

(viii) In the event of the industrial or commercial undertaking ceasing to carry on the industrial or commercial operation, the undertaking shall forthwith inform the Government about such cesser and the Government may, either suo motu or on receipt of such information, make enquiry as they deem fit and cancel the permission:

Provided that before such cancellation, the undertaking shall be given a reasonable opportunity of being heard.

(ix) If, at any time, the industrial or commercial undertaking is transferred, the transferor and the transferee shall, within thirty days from the date of such transfer, intimate the fact of transfer to the Government and the Government may, after making such enquiry as they deem fit,--

(a) pass an order directing that the permission already granted to the transferor shall operate in favour of the transferee on the same terms and conditions subject to which the permission was granted to the transferor, with effect from the date of the transfer for the unexpired period of the permission; or

(b) cancel the permission, after giving to the transferee, an opportunity of being heard.

(x)     (a) If the land in respect of which permission has been granted is used for any purpose other than the purpose for which permission was granted, the industrial or commercial undertaking concerned shall intimate the diversion of the purpose to the authorized officer within thirty days from the date on which such diversion of purpose takes place.

(b) The authorized officer shall, on receipt of such intimation, inspect the land and make such enquiry as he deems fit and if he is satisfied that the land is not used for the purpose for which the permission was granted or for any ancillary purpose, he shall report the matter to the Government through the Land Commissioner for such action as the Government may deem fit.

57

57. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1973.]

58

58. [Omitted by G.O. Ms. No. 3508, Revenue, dated the 14th June 1913.]

59. Manner of communication of decision or order to parties.--

Every decision or order of any authority or officer in any proceeding against which an appeal or revision is provided for by the Act shall be served in the manner specified in rule 8.

60. Court-fees.--

The Court-fee payable in respect of the documents specified in column (2) of the Table below shall be the amount specified in the corresponding entry in column (3) thereof.

Table

Serial No.	Description of document		Court-fee Rs. P.
(1)	(2)		(3)
1.	Objection petition in regard to the draft statement under section 10(5).		1 00
2.	Application under section 15 for rectification of bona fide mistakes or clerical errors in the final statement published under section 12 or 14.		Nil
3.	Application to the authorized officer for decision under section 16(3)(a)(iii).		1 00
4.	Application for deciding dispute under section 17(3).		1 00
5.	Application under the proviso to section 18(3) or the third proviso to section 62 for permission to harvest any crop standing on the land acquired under section 18(1) or taken possession of under section 62.		1 00
6.		Application under section 18(5) for continuance of possession of land acquired by Government.	1 00
7.		Application to the Land Board under section 26 or section 30.	2.00 per standard acre of the land proposed to be acquired subject to a minimum fee of Rs. 10 and a maximum fee of Rs. 100.
8.		Application under section 36 for rectification of bona fide mistakes or clerical errors noticed in the decision of the Land Board.	Nil
9.		Claim application under section 50(2).	1 00
10.		Objection petition in regard to the draft compensation assessment roll under section 50(3).	1 00
11.		Application under section 50(9) for rectification of bona fide mistakes in the compensation assessment roll as published finally.	Nil
12.		Application under section 50(10) for correction of any clerical or arithmetical mistake in regard to any entry in the compensation assessment roll as published finally.	Nil
13.		Claim application under section 51(1).	1 00
14.		Application under section 63(3) for deciding any dispute relating to rent payable under section 63(2).	1 00
15.		Application for distribution of possession of land under section 64(1).	1 00
16.		Application under section 66(3) for deciding any dispute arising in regard to the amount of compensation payable under section 66(2).	1 00
17.		Application under section 75 for deciding whether any grazing land referred to in section 74 has become fit for cultivation.	Nil
18.		Petition under section 84 to stay execution of any decision--
		(i) To the High Court;	5 00
		(ii) To the Land Commissioner;	2 50
		(iii) To the Land Tribunal;	2 50
19.		Application under section 99 for transfer of proceedings from one authorized officer to another.	2 00
20.		Interlocutory applications in respect of proceedings before any authority or officer not otherwise provided for.	1 00
21.		Applications or petitions other than those specified above and in section 108,--
		(a) To the Government;	2 00
		(b) To the Land Commissioner;	2 00
		(c) To the Land Board;	2 00
		(d) To the Sugar Factory Board;	2 00
		(e) To the Sugar Factory Tribunal;	2 00
		(f) To the Land Tribunal;	2 00
		(g) To the Authorized Officer;	1 00
		(h) To any other officer or authority.	1 00

²⁸61. Process-fees.--

The rates of process-fees leviable for service of notices and summons on defendants, respondents and witnesses shall be calculated as follows:

		Rs. P.
(a)	When sent by registered post, for each defendant, respondent or witness.	2 25
(b)	When served by an officer of the Court--
	(i) On a defendant, respondent or witness;	2 25
	(ii) On every additional defendant, respondent or witness residing in the same village if the process is applied for at the same time.	1 15

2. The travelling expenses of the process server at four paise per Kilometer shall be calculated from the headquarters of the Court to the place of service and shall be recovered from the parties, by way of Court-fee stamps in addition to process fees.

²⁹62. Time-limit for presenting an application for revision to the Land Commissioner under section 82.--

(1) Every application to the Land Commissioner for revision under section 82 shall be presented within sixty days from the date on which the proceeding, decision or order to which the application relates was communicated to the applicant:

Provided that the Land Commissioner may admit an application presented within thirty days after the said period if he is satisfied that the applicant had sufficient cause for not presenting it within the said period.

(2) The power of suo motu revision under section 82, shall be exercised by the Land Commissioner within a period of three years from the date of the order, decision or proceedings referred to in the said section.

³⁰64

³⁰64. The application mentioned in sub-section (1) of section 37-B of the Act shall be in Form 38 and shall be made in writing to the Government in the Revenue Department.

³⁰65. Factors to be taken into consideration by Government under section 37-B(3)(c).--

The Government shall, in deciding whether to grant or refuse the permission under sub-section (3) of section 37-B, take into consideration the following factors in addition to the factors specified in sub-section (3) of the said section, namely:--

(a)     (i) Total extent of lands held as on 31st March 1972 by the public trust which was created before 1st March 1972;

(ii) extent and the nature of use of the lands held by the public trust;

(iii) extent utilised for educational/hospital purposes and for construction of quarters/play-ground/park by the institution.

(b)      (i) total extent of land held by the public trust which was created after 1st March 1972 but before the date of commencement of the Amendment Act 1987;

(ii) extent and the nature of use of the lands held by the institution;

(iii) extent utilised/proposed to be utilised for educational/hospital purposes and the construction of quarters/play-ground and park by the institution.

(c)      (i) total extent of land proposed to be acquired by the public trust for educational/hospital purposes after the dale of the commencement of the Amendment Act 1987;

(d) out of the total extent proposed to be acquired, extent of land which the public trust proposes to utilise for educational or hospital purposes;

(e) total extent proposed to be utilised by the public trust for the construction of quarters, play-grounds and park, internal roads or pathway, etc., in connection with educational or hospital purposes;

(f) total extent of land proposed to be utilised by the public trust for expanding any existing educational institution or hospital by way of addition to, alteration of, or improvement to, any educational institution or hospital;

(g) location of the existing or proposed educational institution or hospital.

(h) the norms with reference to the area prescribed for the establishment of/expansion of/alteration of/improvement to the educational institution/hospital by the University/Head of the Department/Administrative Department in the Government for running educational institution/hospitals and also the recommendation of the concerned Head of the Department should be sent along with the application;

(i) Whether educational institution/hospital are genuine one and whether the lands proposed to be acquired would be utilised for the purpose for which they are given--

(i) the order and date of the competent authority sanctioning the establishment of educational institution/hospital;

(ii) the financial position of the public trusts; and

(j) if the lands proposed to be acquired for the establishment of educational institution/hospital are under the occupation of tenants, how it is proposed to rehabilitate them who are likely to be evicted.

³⁰66. Government to grant permission under section 37-B(2).--

(1) On receipt of the application in Form 38, the Government may, after taking into consideration the factors specified in sub-section (3) of section 37-B and those specified in rule 65, grant the permission sought for.

(2) The permission so granted shall be, subject to the following conditions, namely:--

(i) If the land proposed to be acquired by the public trust is required for the establishment of any educational institution or hospital, the land shall be fully utilised for establishment within such period as the Government may, from time to time, by general or special order, specify. In the absence of such an order, the land shall be utilised for such establishment within a period of five years from the date of the order granting permission;

(ii) If the land proposed to be acquired by the public trust is required for future expansion of any existing educational institution or hospital by way of addition to, alteration of, or improvement to, any educational institution or hospital, the land shall be fully utilised for such expansion within such period as the Government may, from time to time, by general or special order, specify. In the absence of such an order, the land shall be utilised for such expansion within a period of five years from the date of the order granting permission;

(ii)     ³¹(a) If the land held by the public trust is intended for raising agricultural produce to be used for the inmates of the educational and hospital trust, the permission shall be for a period of three years, but the Government may, from time to time, extend the permission for a further period not exceeding three years at a time. A substantial portion of such produce shall be utilised for the main or ancillary purpose of such public trust;

(iii) The public trust shall, at all reasonable times, allow the lands to be inspected by an officer authorised by the Assistant Commissioner (Land Reforms) to verify whether the conditions subject to which permission is granted or whether such other conditions as may be specified by the Government by general or special order are complied with and in case they are not complied with, he shall report the matter to the Government, through the Land Commissioner, for such action as the Government may deem fit;

(iv) The public trust shall furnish any information called for by the Government or by any officer subordinate to the Government;

(v) In the event of the public trust ceasing, it shall inform the Government about such cesser and the Government may, cither suo motu or on receipt of such information, make such enquiry as they deem fit and cancel the permission:

Provided that before such cancellation, the public trust shall be given a reasonable opportunity of being heard;

(vi) If, at any time, the public trust is transferred, the transferor and the transferee shall, within thirty days from the date of such transfer, intimate the fact of transfer to the Government and the Government may, after making such enquiry as they deem fit,--

(a) pass on order directing that the permission already granted to the transferor shall operate in favour of the transferee on the same terms and conditions subject to which the permission was granted to the transferor, with effect from the date of the transfer for the unexpired period of the permission; or

(b) cancel the permission after giving the transferee an opportunity of being heard;

(vii)     (a) If the land in respect of which permission has been granted is used for any purpose other than the purpose for which permission was granted, the public trust concerned shall intimate the diversion of the purpose to the authorised officer within thirty days from the date on which such diversion of purpose takes place;

(b) the authorised officer shall, on receipt of such intimation, inspect the land and make such enquiry as he deems fit and if he is satisfied that the land is not used for the purpose for which the permission was granted or for any ancillary purpose, he shall report the matter to the Government through the Land Commissioner, for such action as the Government may deem fit;

(viii) The public trust shall maintain accounts for the income derived from the Educational Institutions/hospitals for which permission was granted and for the expenditure thereon. The expenditure shall be supported by authenticated vouchers. The public trust shall at all reasonable times, allow such account and vouchers to be inspected by the Assistant Commissioner (Land Reforms) or an officer authorised by him to verify whether the income derived from the educational institution/hospital for which the permission was granted, is utilised for the purpose for which the permission was granted and in any case where such officer is satisfied that any portion of the income derived from the educational institution or hospital is utilised for any purpose other than the purpose for which permission was granted, he shall report the matter to the Government through the Land Commissioner, for such action as the Government may deem fit;

(ix) The public trust shall comply with such other conditions as the Government, may, from time to time, by general or special order specify;

(x) In the event of the cancellation of permission by Government for violation of any of the conditions subject to which the permission is granted, the provisions of the Act shall apply to the land in respect of which the permission was granted and action shall be taken under that Act accordingly by the authorities concerned.