(1) Notwithstaning anytihng contained in any law for the time being in force or in any agreement, usage or decree or order of a Court,with effect, from the appointed day no person shall, subject to the provisions of 34[ sub-sections
(2), (3), (3A) and (3B)] be entitled to hold whether as owner or tenant or partly as owner and partly as tenant land in excess of the ceiling area.
(2) Where an individual, who holds lands, is a member of a family. 35[ not being a joint family which consists of the individual and his spouse (or more than one spouse) and their minor sons and minor unmarried daughters, irrespec- tive of whether the family also includes any major son and ] land is also separately held by such individual's spouse or minor children, then the land held by the indi- vidual and the said members of the individual's family 36[ execluding major sons, if any ] shall be grouped together for the purposes of this Act and the provisions of this Act shall apply to the total land so grouped together as if such land had been held by one person.
(3) Where on the appointed day a person holds exempted land along with other land then, Ceiling on holding land.
(i) if the area of exempted land is equal to or more than the ceiling area he shall not be entitled to hold other land, and
(ii) if the area of exempted land is less than the ceiling area, he shall not be entitled to hold other land in excess of the area by which the exempted land is less than the ceiling area.
37[(3A) Where any person holds any land in any other part of the India out side the State, then, the area of land so held by him in such other part, not exceeding the maximum area of land which such person is entitled to hold in such other part of India under any law, if any, relating to ceiling on land, used or capable of being used for agricultural purposes, shall be excluded from the ceiling area in excess of which a person is not entitled to hold land under this section and the extent of land determined after so excluding such area shall in relation to such person, be deemed to be the ceiling area, to be held by him in this State :
Provided that where any such person disposes of, at any time before the deter- mination of ceiling area under this Act, any land or part thereof so held by him in any other part of India outside the State, in accordance with the provisions of law in force in such part, the area equal to the land or part thereof so disposed of shall not be excluded while determining the ceiling area under this sub-section.
(3B) Where a family or a joint family consist of more than five members comprising a person and other members belonging to all or any of the following categories, namely:--
(i) minor son,
(ii) widow of a pre-deceased son,
(iii) minor son or unmarried daughter of a pre-deceased son, where his or her mother is dead, such family shall be entitled to hold land in excess of the ceiling area to the extent of one-fifth of the ceiling area for each member in excess of five, so how- ever that the total holding of the family does not exceed twice the ceiling area and in such a case, in relation to the holding of such family , such area shall be deemed to be the ceiling area :
Provided that if any land is held separately also by any member of such family, the land so held separately by such member shall be grouped together with the land to such family for the purpose of determining the total holding of such family :
Provided further that where, in consequence of any member of such family holding any land in any other part of India outside the State, the ceiling area in relation to the family is reduced as provided in sub-section (3A) the one-fifth of the ceiling area as aforesaid shall be calculated with reference to the ceiling area as would have been applicable had no such land been held by such member in any other part of India.
(3C) Where a family or a joint family irrespective of the number of members includes a major son, then each major son shall be deemed to be a separate person for the purposes of sub-section (1).
(3D) For the purpose of sub-section (2), (3B) or (3C), the members comprised in a family or as the case may be, a joint family on the specified date shall alone be taken into consideration and any changes in the character or number of members of the family occurring thereafter shall be ignored.]
(4) 38[ Land in this State] which under the foregoing provisions of this section a person is not entitled to hold shall be deemed to be surplus land held by such person.