Section 177

Section 177 of Tlr&lr Act. 1960. Subject to the provisions of this Act, every order made under this Chapter shall be final.

Subject to the provisions of this Act, every order made under this Chapter shall be final. Manner of payment of compensa tion 178 (1) The State Government may, on an application made to him in this behalf within three months from the commencement of this Act, exempt from the operation of section 164- (a) any land which is being used for growing tea, coffee including lands used or required for use or purpose ancillary to, or for the extension of, the cultivation of tea, coffee to be determined in the prescribed manner;

Provided that no Tea Garden Land shall be used for the purpose of Rubber Plantation.

(b) 3[Omitted];

(c) 4[Omitted];

(d) 5[Omitted]; 1. Amended by the Second Amendment Act, 1974. 2. Amended ibid. 3. Amended ibid. 4. Amendedibid. 5. Amended ibid. 6. Amended by the Tenth Amendment Act, 2013 (e) any land which is being held by a co-operative society, provided that where a member of any such society holds a share in such land, his share shall be taken into account in determining his ceiling limit:

Provided that the State Government may entertain the application after the expiry of the said period of three months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time. "Provided further that, any person intending to establish a tea garden shall have to apply to the State Government in the same method as provided under sub - section (1 ) (a) of section 178 of the Act and the rules made there under and acquire and hold land in excess of the ceiling area applicable in section 164A. "Provided further that, any land, being used for growing Tea or purpose ancillary to or extension of the cultivation of tea, in respect of which exemption has been granted, may be allowed to exploit tourism potential within the land for growing tea plantations from any future date, but the land meant for such tea tourism shall not exceed five percent of the total land area, subject to an upper limit of twenty acres. Civil constructions, only for the purpose of such tea tourism may be done in such area, which shall not exceed 3.5 acres within the above limit and the remaining area should be kept open for landscaping and other beautification work".

(2) Where any land in respect of which exemption has been granted to a person under sub-section (1) is transferred to another person, the State Government may, on an application made to him within three months from the date of the transfer, exempt the transferee from the operation of section 164 and section 173 and the provisions of the said clause shall, as far as may be, apply to the grant of such exemption. Power to exempt, etc Amended by the Tenth Amendment Act, 2013 Amended by the Eleventh Amendment Act, 2020 13["Provided that if the application under sub section (2) is not submitted by the transferee within the prescribed period, the State Government may exempt the transferee from the operation of Section 164 and Section 173 subject to the following condition :- "

(a) Imposition of penalty of such amount, as may be fixed by the State Government by Notification.

(b) All the labour laws for the time being in force are being followed by the transferee".] (3) Where the State Government is of opinion that the use of land for any specified purpose is expedient or necessary in the public interest, he may, by notification in the Official Gazette, make a declaration to that effect and on the issue of such notification, any person may, notwithstanding anything contained in section 173, acquire land in excess of the ceiling limit for being used for such specified purpose and such person shall, within one month from the date of such acquisition, send in timation thereof to the competent authority.

(4) Where any land, in respect of which exemption has been granted under sub-section (1) or sub-section (2) or sub-section (3), ceases to be used, or is not within the prescribed time used, for the purpose for which exemption had been granted, the State Government may, after giving the persons affected an opportunity of being hears, withdraw and all the provisions of this chapter relating to ceiling on land holding will be applicable. In celim 11["(5) No land, in respect of which exemption has been granted under sub-section or (2) or (3) of this section, shall be transferred without prior written approval of the State Government. "

Explanation : For the purpose of this section, "transfer shall have the same meaning as in Section 168".] 68 Chapter XIV .- Prevention of Fragmentation.

Section 177, Tlr&lr Act. 1960 (Act 43 of 1960).