(1) If the extent of the holding of a person is in excess of the ceiling area, the person shall be liable to surrender the land held in excess.
(2) The Tribunal shall serve on every person. who is liable to surrender the land held in excess of the ceiling area under sub-section (1), a notice specifying therein the extent of land which such person has to surrerder and requiring him to file a statement within such period not being less than fifteen days, as it may fix, indicating therein, full particulars of the lands which such person proposes to surrender.
(3) If the person on whom a notice is served under subsection (2), files the statement referred to in that sub-section wthin the period fixed therefor, and the Tribunal is satisfied, after making such inquiry as it deems fit, that the proposed surrender of the land is in accordance with the provisions of this Act, it shall pass an order approving the surrender and the said land shall thereupon be deemed to have been surrendered by such person.
(4) If the person on whom a notice is served under subsection (2) does not file the statement referred to in that subsection within the period fixed therefor or files such statement within the period fixed but does not specify therein the entire extent of land which such person has to surrender the Tribunal may, after giving an opportunity to the person concerned of being heard, itself select, in the former case the entire extent, and in the latter case, the balance of the extent which such person has to surrender, and pass in order to that effect, and thereupon the said land or balance of land, as the case may be shall be deemed to have been surrendered by such person.
Surrender of land in certain cases.
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(5) (a) Notwithstanding anything in this section, it shall be open to the Tribunal to refuse to accept the surrender of any land-
(i) which has been converted into non-agricultural land and has been rendered incapable of being used for purposes of agriculture;
(ii) the surrender of which is not acceptable on account of a dispute as to the title to the land or an encumbrance on the land or on account of the land being in the possession of any person mentioned in 11[xxx] item (v) of clause (i) of section 3 or on account of the land proposed to be surrendered becoming inaccessible by reason of its, severance from the remaining part of the holding; and the Tribunal shall, in every such case, serve a notice on the person concerned requiring him to surrender any other land in lieu thereof; and thereupon the provisions of sub-sections
(3) and (4) shall, mutatis mutandis apply to such surrender:
Provided that where land proposed to be surrendered under this section is burdened with a mortgage, the Tribunal may, on an application made by the mortgager with the consent of the mortgagee, by order, transfer such mortgage from the land so proposed to be surrendered to the residuary holding of the mortgager or to any part thereof.
(b) Where the land so surrendered under clause (a) is also not acceptable to the Tribunal, the Tribunal shall, after giving an opportuntty to the person concerned of being heard, select any other land in lieu thereof, and thereupon, the said land shall be deemed to have been surrendered by such person.
11. Omitted by Act No.10 of 1977.
22 [Act No. 1 of 1973]
(6) Before passing an order under sub-section (3), subsection (4) or sub-section (5), the Tribunal shall publish the particulars of land proposed to be surrendered or selected, in such manner as may be prescribed and consider the objections, if any, received in pursuance of such publication.
Explanation I.- In the case of a surrender of land of a family unit,-
(a) where the extent to be surrendered by each member is agreed upon by or on behalf of all the members of the family unit, the extent surrendered by each such member shall be in accordance with such agreement, so however, that the extent surrendered by any female member of the family unit shall not exceed the extent which she would be liable to surrender in proportion to the total land held by her to the lands held by all the members of the family unit:
12[Provided that the Tribunal may, on an application made by any female member, permit the surrender of land by her in excess of such proportionate extent in case an extent equivalent to such excess in terms of standard holding is transferred to her by any male member of the family unit;]
(b) where there is no such agreement, the extent surrendered shall be in proportion to the lands held by each member of the family unit;
(c) where any land is held in the name of any female member of the family unit, it shall be presumed, unless the contrary is proved, that such famale member is the owner of such land.
12. Inserted by Act No.10 of 1977.
[Act No. 1 of 1973] 23
Explanation II.- Where any person surrenders any land being the whole or part of his share of the land held by. a co-operative society, company or firm, the share of such person in such co-operative society, company or firm, as the case may be, shall, to the extent required for such surrender, be deemed to have been correspondingly reduced.
Explanation III.- Where any person required to surrender any land under this Act is a member of a co-operative society, company or firm, he may be required to surrender the land, if any, held by him separately and may then be required to surrender from his share of the land held by the Co-operative society, company or firm only to make up the deficiency.
Explanation IV.- Where it is proposed to accept the surrender by any person of his share of the lands held by a joint family, co-operative society, company or firm of which he is a member, the lands so surrendered shall be selected in accordance with any agreement that may be arrived at between such person and the other members of such joint family, co-operative society, company or firm, and where there is no such agreement, the share of such person in the lands so held shall, as far as practicable, be determined prorata with reference to each class of land held by such joint family, co-operative society, company or firm.
Explanation V.- In the case of lands covered by proviso
(c) to clause (d) of section 3, the Government may, as soon as may be, notify the area in which lands are proposed to be localised as double crop wet lands and any person whose holding falls within such notified area shall be required to surrender, in the first instance only such extent of land as he would be liable to surrender treating it as single crop wet land, and on the localisation of such land as double crop wet he shall, be required to surrender the 24 [Act No. 1 of 1973] balance extent which he is liable to surrender; and the provisions of section 17 shall continue to apply until the surrender of such balance extent.
Explanation VI.- Where the holding of any person comprises any land falling under sub-clause (i) of clause (v) of section 3, which has, not been supplied with water from the Government source of irrigation upto the specified date, and the ceiling area in respect of such holding has been determined on the basis that such land is a wet land, such person shall be required to, surrender in the first instance only such extent of land as he would have been liable to surrender had such land been treated as dry land, and on the supply of water to such land, he shall be required to surrender the balance extent which he is liable to surrender and the provisions of section 17 shall continue to apply until the surrender of such balance extent.
11. Where any land is surrendered or is deemed to have been surrendered under this Act by an owner, the Revenue Divisonal Officer may, subject to such rules as may be prescribed, by order take possession or authorise any officer to take possession of such land which shall thereupon vest in the Government free from all encumbrances from the date of such order:
Provided that any claim or liability enforceable against that land immediately before the date of vesting in the Government may be enforced only-
(i) against the amount payable under this Act in respect of such land; and
(ii) against any other property of the owner; to the same extent to which such claim or liability was enforceable against that land or other property, as the case may be, immediately before the date of vesting.
Vesting of land surrendered.
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Explanation.-Nothing in this section shall affect the provisions of any law, custom, usage or agreement relating to right of easements available for any land vesting in the Government under this section over any other land.