Chapter IV CONSTITUTION AND FUNCTIONS OF THE LAND BOARD.

On receipt of a copy of the return, additional particulars, or information, as the case may be, forwarded by the authorized officer under clause (b) of sub-section (3) of section 9, or on receipt of the application under section 26, the Land Board shall, after making such enquiry and inspection of the land or livestock, as it deems fit and after satisfying itself that the land in respect of which permission is required could with advantage be used for dairy farming or livestock breeding, grant the permission for the whole or part of such land and subject to such conditions as it deems fit or refuse to grant such permission.

The Land Board shall, in deciding whether to grant or refuse permission under section 27, take into consideration the following matters, namely:-- (a) the interest to be served by the development of dairy farming or livestock breeding; (b) the status and previous experience, if any, of the person concerned; (c) the suitability of the land to be used for dairy farming or livestock breeding; (d) the number of heads of cattle, if any, owned by the person concerned, their breed and special features; (e) the land already owned by the applicant for the purpose of cultivation; and (f) such other matters as may be prescribed.

The Land Board may cancel the permission granted under section 27- (a) on the breach of any condition specified by the Land Board under section 27, or (b) if the land in respect of which the permission was granted is used or allowed to be used for any purpose other than for dairy farming or livestock breeding, or (c) if, as a result of any irrigation project constructed at the cost of the Government, the land in respect of which the permission was granted, could with advantage, be cultivated, or (d) if the person concerned has obtained the permission by fraud or misrepresentation: Provided that no such permission shall be cancelled unless a reasonable opportunity has been given to the person likely to be affected by such cancellation to show cause against such cancellation.

Any owner of plantation in existence on the date of the commencement of this Act in any area desiring to acquire in excess of the ceiling area land which is interspersed among plantations or is contiguous to any plantation and which may be required, for the extension, or for ancillary purposes, of the plantations shall make an application to the Land Board for permission to acquire such land. Every such application shall be in writing and shall contain- (a) the extent and other particulars of the land proposed to be acquired and those of the land, if any, held by the applicant; (b) such other particulars as may be prescribed.

On receipt of a copy of the return, additional particulars or information, as the case may be, forwarded by the authorized officer under clause (a) of sub-section (3) of section 9 or on receipt of the application under section 30, the Land Board shall, after making such enquiry and inspection of the land and the plantation specified in the application as it deems fit and, after satisfying itself that the land in respect of which permission is required is necessary for the extension, or for ancillary purposes, of the plantation, grant the permission for the whole or part of such land and subject to such conditions as it deems fit, or refuse to grant such permission: Provided that the aggregate of land which is contiguous to any plantation and in respect of which land permission is granted under this section shall in no case exceed twenty per centum of the total extent of such plantation.

The decision of the Land Board granting or refusing permission under section 31 or cancelling permission under section 33 shall be final and shall not be called in question in any court.

(1) The Land Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be prescribed. (2) The Chairman, or in his absence, such member as may be chosen by the members present from among themselves shall preside at a meeting of the Land Board. (3) No member of the Land Board shall vote on, or take part in, the discussion of any question coming up for consideration at a meeting of the Land Board, if the question is one in which he is directly or indirectly interested. (4) All questions at a meeting of the Land Board shall be decided by a majority of the votes of the members present and voting and in the case of an equality of votes, the Chairman or in his absence, the member presiding shall have a second or casting vote. (5) All communications and orders of the Land Board shall be issued by the Secretary or by such officer subordinate to him as may be authorized by the Land Board in this behalf.

The Land Board may, either of its own motion or on the application of any of the parties- (a) if it is satisfied that a bona fide mistake has been made regard to any decision, make the necessary correction therein; (b) at any time, correct any clerical or arithmetical mistake in its decision.

No act of the Land Board shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the Chairman or any member had ceased to hold his office or by reason of such act having been done during the period of any vacancy in the office of the Chairman or any member of the Land Board.

(1) The Government may constitute for the State a Board called the Tamil Nadu Sugar Factory Board. (2) The Sugar Factory Board shall consist of- (a) one judicial officer who is or is qualified for appointment as, or a person who has been, a Judge of a High Court, nominated by the Government; (b) two members, who in the opinion of the Government have knowledge in the financial matters relating to sugar factories or experience in sugarcane cultivation, nominated by the Government; (c) the secretary to the Government in the Department dealing with sugar factories, ex-officio; (d) the Director of Agriculture, ex-officio. (3) The member referred to in clause (a) of sub-section (2) shall be the Chairman of the Sugar Factory Board and the member referred to in clause (c) or (d) of the said sub-section as may be nominated by the Government shall be the Secretary to the Sugar Factory Board. (4) (a) The term of office of a member referred to in clause (a) or (b) of sub-section (2) shall be three years or such shorter period as the Government may fix and such member shall be eligible for re-nomination. (b) Any member referred to in clause (a) or (b) of sub-section (2) shall be deemed to have vacated his seat if he absents himself without excuse, sufficient in the opinion of the Sugar Factory Board, from the meetings of the Sugar Factory Board for a period of three consecutive months reckoned from the date of the commencement of his term of office or of the last meeting which he attended, as the case may be, or if, within the said period less than three meetings have been held, absents himself from three consecutive meetings held after the said date: Provided that no meeting from which a member absents himself shall be counted against him under this clause if due notice of that meeting was not given to him. (5) A member referred to in clause (a) of sub-section (2) may, at any time by notice in writing to the Government and a member referred to in clause (b) of that sub-section, may, at any time by notice in writing to the Chairman, resign his office, but he shall continue in office until the nomination of his successor. (6) (a) A casual vacancy in the office of a member referred to in clause (a) or (b) of sub-section (2) shall be filled by fresh nomination. (b) The person nominated to fill a casual vacancy under clause (a) shall hold office for a period of three years or for such shorter period as the Government may fix and he shall be eligible for re-nomination.

The Sugar Factory Board shall perform such functions as are assigned to it by or under this Act.

The Sugar Factory Board shall in deciding whether to grant or refuse permission under section 40 take into consideration the following matters, namely :- (a) the requirement of the existing sugar factory; (b) the financial structure of the existing sugar factory; and (c) such other matters as may be prescribed.

(i) Any existing sugar factory desiring to acquire any land in excess of the ceiling area, or of the extent of land permitted to be held under section 40, or (ii) any new sugar factory desiring to acquire any land in excess of the ceiling area, shall make an application to the Sugar Factory Board for permission to acquire such land. Every such application shall be in writing and shall contain- (a) the extent and other particulars of the land proposed to be acquired and those of the land, if any, already held by the applicant; (b) such other particulars as may be prescribed.

On receipt of the application under section 42, the Sugar Factory Board shall, after making such enquiry and inspection of the land and the existing or new sugar factory specified in the application as it deems fit and after satisfying itself that the land in respect of which permission is required could with advantage be used for cultivation of sugarcane for use in the existing or new sugar factory, grant the permission for the whole or part of such land and subject to such conditions as it deems fit or refuse to grant such permission.

The Sugar Factory Board shall, in deciding whether to grant or refuse permission under section 43, take into consideration the following matters, namely :-- (a) the situation of the existing or new sugar factory; (b) the requirements of the existing or new sugar factory; (c) such other matters as may be prescribed.

(1) If, (6) any condition specified by the Sugar Factory Board under section 40 or 43 has been contravened, the Government shall constitute a Sugar Factory Tribunal, consisting of a Judge of a High Court and refer the matter to such Tribunal. (2) If, on such reference, the Sugar Factory Tribunal finds that- (a) the permission granted under section 40 or 43 was obtained by the sugar factory concerned by misrepresentation or fraud, or (b) any condition specified by the Sugar Factory Board under section 40 or 43 has been contravened by the sugar factory concerned, the Sugar Factory Tribunal shall either cancel the permission or pass such other order as it deems fit : Provided that no order shall be passed under this sub-section unless a reasonable opportunity has been given to the sugar factory concerned to show cause against such order. (3) The Sugar Factory Tribunal shall in deciding any reference under this section have such powers and shall follow such procedure as may be prescribed.

(1) Subject to the provisions of section 45, the decision of the Sugar Factory Board granting or refusing permission under section 40 or 43 shall be final and shall not be called in question in any Court. (2) The decision of the Sugar Factory Tribunal under section 45 shall be final and shall not be called in question in any Court.

The Sugar Factory Board or the Sugar Factory Tribunal may, either of its own motion or on the application of any of the parties,- (a) if it is satisfied that a bona fide mistake has been made in regard to any decision, make the necessary correction therein; (b) at any time, correct any clerical or arithmetical mistake in its decision.

No act of the Sugar Factory Board shall be deemed to be invalid by reason only of a defect in its constitution or on the ground that the Chairman or any member had ceased to hold his office or by reason of such act having been done during the period of any vacancy in the office of the Chairman or any member of the Sugar Factory Board.

(1) Where any surplus land acquired under the provisions of this Act is subject to a mortgage or charge subsisting on the date of the acquisition, the mortgagee or the charge holder shall, where the amount due to him or part thereof can be fixed by agreement, be paid such amount or part. Where no such agreement can be reached, the mortgagee or the charge holder shall within sixty days from the date of the acquisition, prefer a claim in such manner as may be prescribed before the authorized officer, who shall, subject to the provisions of sub-section (3) decide the claim in such manner as may be prescribed and record the reasons for the decision. (2) Where there be more claimants than one, the authorized officer shall settle the order in which each claimant is entitled to receive the amount due to him, and in doing so he shall be guided by the appropriate provisions of the Transfer of Property Act, 1882 (Central Act IV of 1882). (3) Where in the opinion of the authorized officer the decision of a claim under sub-section (1) or sub-section (2) involves a substantial question of law or of fact, he shall, for reasons to be recorded in writing, refer the claim to the Land Tribunal for decision. (4) If the amount of claim allowed to the mortgager or the charge holder by the authorized officer exceeds the amount payable under section 50, the entire amount payable under the said section 50 shall be paid to the mortgagee or the charge holder, as the case may be, and the balance may be recovered by the mortgagee or the charge holder in accordance with law for the time being in force.