(1) Every cultivating tenant who holds on the notified date land in excess of the cultivating tenant’s ceiling area shall, within ninety days from the said date, furnish to the authorised officer a return containing the following particulars, namely: -
(i) particulars of the land, if any, which he holds as owner;
(ii) particulars of the land which he holds as cultivating tenant;
(iii) particulars of the name and address of the land owner concerned; and
(iv) such other particulars as may be prescribed.
(2) If any cultivating tenant who has held land in excess of the cultivating tenant’s ceiling area, fails to furnish the return under sub-section (1) or furnishes an incorrect or incomplete return under that sub-section, the authorised officer may, by notice, require such cultivating tenant to furnish the return or the additional particulars as the case may be, within the time specified in the notice or within such future time not exceeding +[fifteen] days as the authorised officer may, in his discretion allow.
(3) (a) Where any cultivating tenant on whom notice under sub-section (2) has been served fails to furnish the return or the additional particulars, as the case may be, within the time specified in that notice or within the further time, if any, allowed by the authorised officer under that sub-section , the authorised officer may obtain in such manner as may be prescribed the necessary information either by himself or through such agency as he thinks fit.
(b) The authorised officer shall, as soon as may be after obtaining the information under clause (a), give to the cultivating tenant concerned a reasonable opportunity of making his representation and of adducing evidence, if any, in respect of such information and consider any such representation and evidence and pass such orders as he deems fit.
Authorised officer to take possession of land in excess of cultivating tenant’s ceiling area
32. On the basis of the return furnished under sub-section (1) of section 31 or on the basis of the return furnished under sub-section (2) of that section, and the additional particulars, if any, furnished under that sub-section, or on the basis of the information obtained by the authorised officer under clause (a) of sub-section (3) of section 31, and the orders passed on the representation and the evidence, if any, under clause (b) of sub-section (3) of that section, the authorised officer shall subject to such rules, as may be made in this behalf and subject to the rights of the owner of the land, take possession on behalf of the Government, of the land held by the person, as cultivating tenant and in excess of the cultivating tenant’s ceiling area:
+ Amended as per the Puducherry Land Reforms (Amendment) Regulation, 1977 w.e.f 28.02.77.
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Provided that the authorised officer shall not take possession of such land unless he has given the land owner and the cultivating tenant concerned a reasonable opportunity of being heard in the matter:
Provided further that the authorised officer shall give in such manner as may be prescribed not less than + [fifteen days] notice in writing intimating the cultivating tenant of his decision to take possession of the land and the notice shall expire with the end of the agricultural year in which such notice is given:
Provided also that the authorised officer may, for reasons to be recorded in writing permit the possession of the land held by the person as cultivating tenant and in excess of the cultivating tenant’s ceiling area, if the total extent of such excess land does not exceed 0.2 hectare in the case of wet land and 0.4 hectare in the case of dry land.
Provided also that where there is any crop standing on such land on the date of the expiry of the notice aforesaid, the authorised officer may postpone taking possession of the land and permit the harvest of such crop by the person who had raised such crop.
Liability of Government to pay rent