Where on the date of the commencement of this Act, any public trust personally cultivates land in excess of twenty standard acres and continues to so cultivate that land on such date as may be specified in the notification issued by the Government in this behalf, the trustee of the public trust shall, within such period as may be prescribed, from the date specified in such notification, lease out the lands in such excess to-
(i) a co-operative farming society; or
(ii) any person who is already a cultivating tenant; or
(iii) any person who not being already a cultivating tenant executes an agreement with the public trust that he will contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person other than a co-operative farming society, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
*6-A. Cultivating tenant’s ceiling area of a person to include his spouse’s minor son’s, or unmarried daughter’s holding.- In calculating the extent of the cultivating tenant‘s ceiling area of a person for the purposes of this Act, the extent of land held as cultivating tenant or as owner or as possessory mortgagee by such person, his spouse, minor son and unmarried daughter shall be taken into account and accordingly the aggregate of the extent of land so held by such person, his spouse, minor son and unmarried daughter shall not exceed five standard acres.
7. Possession of land held by cultivating tenant to revert to public trust in certain cases.- (1) Where, on the notified date, any cultivating tenant under any public trust is in possession of land in excess of the cultivating tenant‘s ceiling area, the possession of the land which is held by the public trust and which is in excess of the cultivating tenant‘s ceiling area shall, with effect from the date aforesaid, revert to the public trust subject to such rules as may be made in this behalf.
(2) Where, on or after the notified date, any cultivating tenant under any public trust acquires by sale, lease, gift, exchange, surrender, agreement, settlement or otherwise, and land which together with the other land, if any, already held by him, exceeds in the aggregate the cultivating tenant‘s ceiling area, the possession of the land which is held by the public trust and which is in excess of the cultivating tenant‘s ceiling area shall, with effect from the date of such acquisition, revert to the public trust, subject to such rules as may be made in this behalf.
____________________________________________________________________ *See Table of Amendments
(3) The cultivating tenant concerned shall have the option to select the land the possession of which shall revert to the public trust under sub-section (1) or sub-section (2) as the case may be:
Provided that such option shall be subject to such conditions as may be prescribed.
Explanation- For the purposes of this section and sections 10 and 11, ‗cultivating tenant‘ shall include any tenant who is in actual possession of the land but does not contribute his own physical labour or that of any member of his family in the cultivation of such land.
*8. Public trust to lease out land reverted under section 7, ect.- Where any land reverts to the public trust under section 7 or is resumed under section 19, or where any land is acquired by sale, gift, exchange, surrender, agreement, settlement or otherwise, the trustee of the public trust shall, within such period as may be prescribed, lease out such land to –
(i) a co-operative farming society; or
(ii) any person who is already a cultivating tenant; or
(iii) any person who not being already a cultivating tenant executes an agreement with the public trust that he will contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person other than a co-operative farming society, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
9. Furnishing of returns by public trust.- (1) The trustee of every public trust shall, within ninety days from the date of the expiry of the period prescribed under section 6, furnish to the authorized officer a return containing such particulars as may be prescribed.
(2) If, on or after the notified date, any land—
(i) reverts to any public trust under section 7 or sub-section (2) of section 15 ‗ or
(ii) is resumed by any public trust under section 19 ; or
(iii) is acquired by any public trust by sale, gift, exchange, surrender, agreement, settlement or otherwise;
then the trustee of the public trust shall, within ninety days from the date of the expiry of the period specified in section 8, furnish to the authorized officer a return containing such particulars as may be prescribed.
____________________________________________________________________ *See Table of Amendments
10. Funishing of returns by cultivating tenant.- (1) Every cultivating tenant under any public trust who, immediately before the notified date, is in possession of land in excess of the cultivating tenant‘s ceiling area, shall, within ninety days from the notified date, furnish to the authorized officer a return containing such particulars as may be prescribed.
(2) If, on or after the notified date, any cultivating tenant under any public trust acquires by sale, lease, gift, exchange, surrender, agreement, settlement, or otherwise, any land which, together with the other land, if any, already held by him exceeds in the aggregate the cultivating tenant‘s ceiling area, then, he shall, within ninety days from the date of such acquisition, furnish to the authorized officer a return containing such particulars as may be prescribed.
11. Collection of information.- (1) If the trustee of any public trust or any cultivating tenant under a public trust fails to furnish the return under section 9 or section 10, as the case may be, or furnishes an incorrect or incomplete return under that section, the authorized officer may, by notice, require such trustee or cultivating tenant, as the case may be, to furnish the return or the additional particulars, as the case may be, within the time specified in the notice or within such further time not exceeding thirty days as the authorized officer may, in his discretion, allow.
(2) (a) Where the trustee of any public trust or any cultivating tenant to whom notice under sub-section (1) 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 authorized officer under sub-section (1), the authorized 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 authorized officer shall, as soon as may be, after obtaining the information under clause (a), give to the trustee of the public trust or 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 the said officer deems fit.
12. Authorized officer to take action in certain cases.- Where, on the basis of the return furnished under section 9 or section 10 or under sub-section (1) of section 11 or the additional particulars, if any, furnished under that sub-section, or on the basis of the information obtained by the authorized officer under clause (a) of sub-section (2) of section 11 and the orders passed on the representation and evidence, if any, under clause (b) of subsection (2) of section 11, the authorized officer is satisfied that any land of the public trust has not been leased out in accordance with the provisions of sections 6, 8 and 15 (3), he shall –
(a) in any case, where it appears that the failure to lease out the land is due to the nonavailability of persons to take on lease the land concerned, make an enquiry into the matter and submit a report containing such particulars and to such authority as may be prescribed;
and
(b) in any case where he is satisfied that the failure to lease out the land is not due to the non-availability of persons to take on lease the land concerned, choose, subject to such conditions as may be prescribed, one or more persons willing to cultivate such land and direct the trustee of the public trust concerned to lease out such land to the person or persons aforesaid within the prescribed period:
Provided that the extent of the land so leased out to any one person together with the other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
13. Permission to public trust for personal cultivation in certain cases.- (1) The authority prescribed under clause (a) of section 12 may, after receiving the report referred to in that clause and after making such enquiry as it may consider necessary, submit the report together with its recommendation to the Board of Revenue.
(2) The Board of Revenue may, after receiving the report and the recommendation referred to in sub-section (1) and after making such further enquiry as it may consider necessary-
(a) in any case where it is satisfied that the failure to lease out the land is due to nonavailability of persons to take on lease the land concerned, permit the public trust to personally cultivate the land ; and
(b) in any case where it is satisfied that the failure to lease out the land is not due to the non-availability of persons to take on lease the land concerned, instruct the authorized officer to choose one or more persons willing to cultivate such land and to direct the trustee of the public trust concerned to lease out such land to the person or persons aforesaid within the prescribed period; and the authorized officer shall give effect to such instruction:
Provided that the extent of the land so leased out to any one person together with the other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
14. Authorized officer to choose to cultivate land mismanaged by public trusts.-
(1) If it appears to the authorized officer that any land which is intended to be personally cultivated by any public trusti. has remained uncultivated for any two consecutive years; or ii. has not been used fully and efficiently for the purpose of agriculture through the default of the public trust ; or iii. has been neglected or mismanaged, by the public trust as a result of which, the cultivation of such land has seriously suffered, the authorized officer shall, subject to such conditions as may be prescribed, choose one or more persons willing to cultivate such land and direct the trustee of the public trust concerned to lease out such land to the person or persons aforesaid within the prescribed period:
Provided that the extent of land so leased out to any one person, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
(2) If any person to whom any land held by the public trust has been leased out in pursuance of an agreement executed by him under section 6 (iii), 8 (iii) or 15 (3) (iii) does not contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out or if such person contravenes any of the provisions of such agreement, the authorized officer shall, subject to such conditions as may be prescribed, choose one or more other persons willing to cultivate such land and direct the trustee of the public trust concerned to lease out such land to the other person or persons aforesaid within the prescribed period:
Provided that the extent of land so leased out to any one person together with the other land, if any, already held by him shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
*14-A. Special powers of the authorized officer. (1) Notwithstanding anything contained in this Chapter, the authorized officer may, either suo motu or on application, call for and examine for the purpose of this Chapter any record of the public trust and if, on such examination, the authorized officer is satisfied that in respect of any land held by the public trust-
(i) the public trust has failed to lease out the land in accordance with the provisions of sections, 6, 8 and 15(3), or
(ii) any lease by the public trust under this Chapter is not bona fide, or
(iii) any direction given by him under clause (b) of section (12) or clause (b) of sub-section (2) of section 13, or sub-section (1) or sub-section (2) of section 14, has not been complied with, or
(iv) the public trust has failed to evict any person, not being a cultivating tenant, in occupation of the land without proper authority from such public trust, he may, after giving notice to the trustee of the public trust and the other persons likely to be affected, pass an order directing the trustee to lease out the land within the prescribed period to any one of the persons from the list furnished by him to the trustee concerned:
Provided that the extent of land so leased out to any such person, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
(2) The list mentioned in sub-section (1) shall contain only persons who –
(a) are already cultivating tenants; or
(b) if they are not already cultivating tenants, shall execute agreements with the public trust that they will contribute their own physical labour or that of any member of their family in the cultivation of the land so leased out.
____________________________________________________________________ *See Table of Amendments
(3) If the authorized officer is satisfied either suo motu or on application that in respect of any land held by the public trust –
(a) the trustee of the public trust has not complied with any direction issued under subsection (1); or
(b) the person to whom the land has been leased out in pursuance of such direction does not contribute his own physical labour or that of any member of his family in the cultivation of the land so leased out to him; or
(c) if such person contravenes any of the provisions of the tenancy agreement; the authorized officer shall, after giving notice to the said trustee and person, cancel the existing lease, if any, and lease out the land himself on behalf of the public trust to-
(i) any person who is already a cultivating tenant; or
(ii) any person who, not being already a cultivating tenant, executes an agreement with the public trust that he will contributes his own physical labour or that of any member of his family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
(4) Where any order has been passed by the authorized officer leasing out the land under sub-section (3) on behalf of the public trust, any person in possession of the land on the date of such order, shall be deemed to have been evicted and the trustee of the public trust shall take possession of the land immediately and deliver possession of such land to the person to whom the land has been leased out under sub-section (3).
(5) (i) If the person who is deemed to have been evicted under sub-section (4), fails to deliver possession of the land to the trustee or obstructs the trustee from taking possession of such land; or
(ii) if the trustee fails to take possession of the land under sub-section (4), the authorized officer may, after using such force as may be necessary for the purpose, take possession of the land himself on behalf of the public trust and deliver possession of such land to the person to whom the land has been leased out under sub-section (3)
(6) A lease by the authorized officer under sub-section (3) shall be deemed to be a lease by the public trust and the public trust shall enter into a tenancy agreement with the person to whom the land has been leased out under sub-section (3) and the provisions of section 21 and the other provisions of this Act shall accordingly apply.
15. Special provision in respect of lands already held by co-operative societies.- (1) If on the notified date, any society registered under the Co-operative Societies Act (including a society specified in Schedule II) holds on lease any land held by any public trust and any member of such society cultivates such land, which together with the other land already held by him, exceeds in the aggregate the cultivating tenant‘s ceiling area, the society shall within such period as may be prescribed distribute the land in such excess to any other member:
Provided that the extent of land so distributed together with the other land already held by such other member shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
(2) The extent of the land which could not be distributed in accordance with the provisions of sub-section (1) shall revert to the public trust on the expiry of the period prescribed under that sub-section.
(3) The public trust shall within the prescribed period lease out the lands reverted under sub-section (2) to –
(i) a co-operative farming society; or
(ii) any person who is already a cultivating tenant; or
(ii) any person who not being already a cultivating tenant executes an agreement with the public trust that he will contribute his own physical labout or that of any member of his family in the cultivation of the land so leased out to him:
Provided that the extent of land so leased out to any person other than a co-operative farming society, together with the other land, if any, already held by such person, shall not exceed in the aggregate the cultivating tenant‘s ceiling area.
*15-A. Trustee or authorized officer to take possession of land reverting to public trust.- (1) Any person in possession of the land reverting to the public trust under section 7 or sub-section (2) of section 15, shall be deemed to have been evicted and the trustee of the public trust shall take possession of the land immediately.
(2) (i) If the person who is deemed to have been evicted under sub-section (1) fails to deliver possession of the land to the trustee or obstructs the trustee from taking possession of such land, or
(ii) if the trustee fails to take possession of the land under sub-section (1), the authorized officer may, after using such force as may be necessary for the purpose, take possession of the land himself on behalf of the public trust and deliver possession of such land to the public trust.
16. Restriction on the extent of land to be leased out to co-operative farming society.- (1) The extent of land leased out to any co-operative farming society by any public trust under this Chapter shall not exceed the difference between- ____________________________________________________________________ *See Table of Amendments
(i) the extent of land in standard acres equal to five times the number of members of such society; and
(ii) the total extent of land in standard acres already held by such members.
(2) In respect of any land leased out to any co-operative farming society under this Chapter, the distribution of such land by the co-operative farming society among its members, shall be in accordance with such rules as may be prescribed.
Provided that the extent of land so distributed together with the extent of the other land already held by any one member shall in no case exceed in the aggregate the cultivating tenant‘s ceiling area.
17. Appeal.- (1) Any trustee of a public trust or any other person aggrieved by an order or decision of the authorized officer under this Chapter may, within such period as may be prescribed, appeal to such authority as may be prescribed.
(2) The authority prescribed under sub-section (1) may, after giving the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit and shall communicate any such orders to the parties concerned.
(3) The order passed by the authority prescribed under sub-section (1) on the appeal shall be final.
CHAPTER – III PROVISIONS RELATING TO TENANCIES