section 5
Ceiling area.
The Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961(1) (a) Subject to the provisions of sub-sections (3-A), (3-B) and (3-C) and of Chapter VIII, the ceiling area in the case of every person (other than the inbtitutions referred to in clauses (c) and (d) and subject to the provisions of sub-sections (3-A), (3-B), (3-C), (4) and (5) and of Chapter VIII, the ceiling area in the case of every family consisting of not more than five members shall be 15 standard acres. (b) The ceiling area in the case of every family consisting of more than five members shall, subject to the provisions of sub-sections (3-A), (3-B), (3-C), (4) and (5) and of Chapter VIII, be 15 standard acres together with an additional 5 standard acres for every member of the family in excess of five. (c) (i) The ceiling area in the case of the institutions mentioned in column (1) of the Table below and in existence on the date of the commencement of this Act, shall be the extent specified in the corresponding entry in column (2) thereof: Provided that such extent was held by such institution on the date of the commencement of this Act. The Table. (1) (2) (1) Any College affiliated to or recognised by any University under any law or rule relating to education. 40 (Forty) standard acres. (2) Any High School or equivalent school recognised by the Government or University under any law or rule relating to education. 20 (Twenty) standard acres. (3) Any Elementary School or Higher Elementary School or other equivalent institution recognised by the Government under any law or rule relating to education. 10 (Ten) standard acres. (4) Any Students' Hostel 25 (Twenty-five) standard acres. (5) Any Polytechnic Institution. 25 (Twenty-five) standard acres. (6) Any Agricultural School. 25 (Twenty-five) standard acres. (7) Any Orphanage. 25 (Twenty-five) standard acres. (ii) Notwithstanding anything contained in sub-clause (i), no such institution as is referred to in that sub-clause and- (a) holding land, on the date of the commencement of this Act, less than the extent specified in the corresponding entry in column (2) of the Table under sub-clause (i), shall acquire by any means whatsoever, after that date, any land in excess of the extent so held; and (b) holding no land at all on the date of the commencement of this Act, shall acquire by any means whatsoever, after that date, any land. Explanation.-In calculating the extent of land held on the date of the commencement of this Act, by any of the institutions mentioned above, the extent of land held by such institution and the extent of land apportioned under sub-section (3-B) shall be taken into account. (4) (i) The ceiling area in the case of a public trust of a charitable nature in existence on the date of commencement of this Act (other than such trusts of which the institutions referred to in clause (c) (i) are beneficiaries) shall be 5 (five) standard acres: Provided that such extent of land is held by such trust on the date of the commencement of this Act. (ii) Notwithstanding anything contained in sub-clause (i), no such public trust of a charitable nature as is referred to in sub-clause (i) and- (A) holding land on the date of the commencement of this Act less than five standard acres shall acquire by any means whatsoever, after that date, any land in excess of the extent so held; and (B) holding no land at all on the date of the commencement of this Act, shall acquire by any means whatsoever, after that date, any land. (5) (a) In calculating the extent of land held by a person, the share of such person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aliyasanthana family or a Nambudiri Illom shall be taken into account. (b) In calculating the extent of land held by a family or by an individual person, the share 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) shall be taken into account. Explanation.-For the purposes of this section- (a) the share of a member of a family or of an individual person in the land held by an undivided Hindu family, a Marumakkattayam tarward, an Aliyasanthana family or a Nambudiri Illom, and (b) the share of a family or of an 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), shall be deemed to be the extent of land- (i) which, in case such share is held on the date of the commencement of this Act, would have been allotted to such member, person or family had such land been partitioned or divided, as the case may be, on such date, or (ii) which, in case such share is acquired in any manner whatsoever after the date of the commencement of this Act, would be allotted to such member, person or family if a partition or division were to take place on the date of the preparation of the draft statement under sub-section (1) of section 10. (3-A) (i) For the purposes of this Act, the land owned by a private trust shall be deemed to be land owned by the beneficiaries under the private trust and each such beneficiary shall be deemed to be the owner of the land to the extent of the share of his beneficial interest in the said trust; (ii) In calculating the extent of land held by such beneficiary for the purpose of this Act, such extent of the share of the land as is mentioned in clause (i) shall be taken into account. Explanation.-For the purpose of this sub-section, the trustee of a private trust shall be deemed to be a beneficiary under such private trust, if any income or part thereof from such private trust is enjoyed by him or his heirs or by his family or the family of his heirs; (iii) (a) The land held by the public trust referred to in the Explanation to clause (36-A) of section 3 shall be deemed to be held by the founder of the trust or his heirs or the family of the founder or of his heirs. (b) In calculating the extent of land held by such founder or his heirs or such family, the extent of the land held by the public trust shall be taken into account. (iv) (a) Where any of the institutions mentioned in clause (c) of sub-section (1), is a beneficiary under a public trust, the land owned by such public trust shall be deemed to be land owned by such institution and each such institution shall be deemed to be the owner of the land for purposes of this Act to the extent of the share of the beneficial interest in such public trust.
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