(1) Notwithstanding anything contained ri any law for the time being in force, in determining the extent of land possessed by a person for the purpose of determining the ceiling area--
(a) all transfers whether by way of sale, gift, mortgage with possession, exchange, lease, surrender or otherwise, and
(b) all sub-divisions whether by partition or otherwise, made by him on or after the appointed day, but before the commencement of this Regulation, shall be ignored:
Provided that any transfer of land made under article 27 of Organizacao Agraria shall not be ignored:
Provided further that where any such sub-division has been effected by metes and bounds, between the appointed day and the commencement of this Regulation, following the death of the person who held the land so sub-divided or as a consequence: of any order of a Court where any suit for partition had been pending on the appointed day, any person interested may apply to the Collector within such period as may be prescribed for a declaration that such sub-division shall not be ignored under this sub-section.
(2) Where an application has been made to the Collector under the second proviso lo sub-section (1), the Collector shall, after notice to the parties interested, inquire into the matter and if after such inquiry, and after hearing the parties concerned, he is satisfied that the sub-division was effected in the circumstances mentioned in that proviso, make a declaration to that effect and where he is not so satisfied, reject the application.
i.1. (I) The foregoing provisions of this Chapter shall mutatis mutandis apply in respect of lands acquired subsequent to the commencement of this Regulation by any person through inheritance, bequest, gift, family settlement, purchase, surrender, lease or otherwise.
(2) Where any person acquires land as aforesaid which together with the land, if any, held by him immediately before such acquisition exceeds the ceiling area, he shall within ninety days of such acquisition, file a statement before the prescribed authority giving the particulars of the Sand held by him including the land so acquired, in such manner as may be prescribed and the provisions of section 22 shall, so far as may be, apply in respect of such statement as if it had been filed under section 21.
(3) No document incorporating any transaction for the acquisition of any land in any of the modes specified in sub-section (1) shall be registered unless a declaration in writing, duly verified, is made and filed by the person who acquires such land before the authority registering the document under the Indian Registration Act, 1908, as to the total extent of the land possessed by him on the date of such registration.
(4) Every declaration under sub-section (3) shall be in duplicate and the registering authority shall, as soon as may be, forward a copy thereof to the prescribed authority within whose jurisdiction the land so acquired is situated.
16 of I9QB, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 479 12, (1) Every person who possesses land in excess of the ceiling area shall, within such period and in such manner as may be prescribed, intimate to the prescribed authority the particulars of the land possessed by hfm and specify the land which he wants to retain and the prescribed authority may, after such inquiry as it deems fit, by order, specify the land which such person is entitled to retain within the ceiling area:
Provided that where the whole or part of the land possessed by such person is subject to an encumbrance, then, the land to be retained by such person shall include the land so encumbered up to the extent of the Ceiling area.
(2) If any person fails to intimate the particulars specified in subsection (1) within the prescribed period, the prescribed authority may, after making such inquiry as it deems fit and after hearing such person, by order, specify, subject to the proviso to sub-section (1), the land which such person is entitled to retain within the ceiling area.
CHAPTER IV COMPENSATION AND OCCUPANCY RIGHTS