(1) Subject to the provisions of this section and section 10, no person shall possess land in excess of the ceiling area, whether as an occupant or a tenant or a mortgagee-with-possession or in any other capacity or capacities or partly in one capacity and partly in another, and the land so possessed in excess shall vest in the Government free from all encumbrances.
(2) For the purposes of this section, in the case of a person who is a member of a joint family or a farming society, the extent of land which such person would get as his share if the land possessed by such joint family or farming society is partitioned or divided, as the case may be, shall also be deemed to be land possessed by such person.
(3) Where a family or joint family consists of more than five members, such family shall be entitled to possess land in excess of the ceiling ares to the extent of one-fifth of the ceiling area for each member in excess cf five; so. however, as not to exceed twice the ceiling area in the aggregate.
Explanation.—For the purpose of this sub-section "family" means a person, his or her spouse, their minor sons and unmarried daughters.
(4) Where a person, his or her spouse, minor son or unmarried daughter possesses any land, the entire land so possessed by them shall be grouped together and the provisions of this Chapter shall apply to the total land so grouped together as if such land had been possessed by one person.
(5) Where an application has been made by any person under section 7 of the Free Dadra and Nagar Haveli Tenancy and Agricultural Lands Ordinance, 1961, and such application is pending disposal at the commencement of this Regulation, then, for so long as such application is not finally disposed of the extent of the land in relation to which such application has been made shall not be taken into account for the purpose of determining the ceiling area of land under this section in respect of that person.
Exemption.
Ceiling »rt a Prohibition on poasession of l»nd in exceit of ceiling area and vesting of excea* land In Government.
478 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Effect *f traoefeti and partitions after the appointed day.
Future acquisi'ion.