(1) No person whose holding, and no member of a family unit, the holding of all the members of which in the aggregate, is in excess of the ceiling area as on the 24th January, 1971 or at any time thereafter, shall on or after the notified date, alienate his holding or any part thereof by way of sale, lease, gift, exchange, settlement, surrender, usnfructuary mortgage or othewise, or effect a partition thereof, or create a trust or convert an agricultural land into non-agricultural land, until he or the family unit, as the case may be, has furnished a declaration under section 8, and the extent of land, if any, to be surrendered in respect of his holding or that of his family unit has been determined by the Tribunal and an order has been passed by the Revenue Divisional Officer under this Act taking possession of the land in excess of the ceiling area and a notification is published under section 16; and any alienation made or partition effected or trust created in contravention of this section shall be null and void and any conversion so made sball be disregarded.
Claims for the amount payable.
Prohibition of alienation of holding.
30 [Act No. 1 of 1973]
(2) For the purposes of determining whether any transaction of the nature referred to in sub-section (1) in relation to a land situated in this State, took place on or after the notified date, the date on which the document relating to such transaction was registered shall, notwithstanding anything in section 47 of the Registration Act, 1908, be deemed to be the date on which the transaction took place, whether such document was registered within or outside the State.
(3) The provisions of sub-section (1) shall apply to any transaction, of the nature referred to therein in execution of a decree or order of a civil court or of any award or order of any other authority.
18. 21[(1)] Where on or after the notified date there takes place –
(a) any acquisition in any manner whatsoever, usufructuary mortgage, or lease of any land; or
(b) any marriage or adoption; or
(c) any alteration in the classification of the land;and after such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, the total extent of land held by any person or by all the members of any family unit in the aggregate exceeds the ceiling area such person or family unit shall, within a period of sixty days from the date of such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, furnish a declaration of the holding of such person or family unit; and all the relevant provisons of this Act shall apply as if it was a declaration furnished under section 8.
21. Renumbered as sub-section (1) by Act No.10 of 1977.
Declaration of future acquisitions.
Central Act 16 of 1908.
[Act No. 1 of 1973] 31
Explanation I.- For the purpose of this section, the number of members of a family unit shall be reckoned with reference to the date of such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, as the case may be.
Explanation II.- For the purpose of the application of the provisions of sections 9 and 17, the expression ‗notified date‘ shall be construed as the date of acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, as the case may be.
Explanation III.- For the removal of doubts, it is hereby clarified that no declaration under this section need be furnished where the total extent of land held by all the members of a family unit in the aggregate exceeds the ceiling area solely on account of any reduction in the number of members of the family unit.
Explanation IV.- Where a land surrendered by a family unit under this Act is land held by a joint family, it shall be open to the members of the family unit and other members of the joint family to partition the land remaining with such joint family after such surrender and if such family unit comes to hold land in excess of the ceiling area solely on account of such partition, such family unit shall not be required to furnish a fresh declaration under this section and the relevant provisions of this Act applicable to a family unit holding land in excess of the ceiling area shall not apply to such family unit.
22[Explantion V.- For the removal of doubts it is hereby clarified that when a land held by a limited owner reverts to the person having a vested interest in the remainder by virtue of sub-section (5-A) of section 12 or otherwise, there
22. Inserted by Act No.10 of 1977.
32 [Act No. 1 of 1973] shall be deemed to be an acquisition of such land by such person for the purposes of this section.]
23[(2) Where any land is acquired or taken on lease by a person solely for a non-agricultural purpose connected with or incidental to an industry, the Government may, after making such enquiry as they may deem fit, by order, exempt, subject to such conditions, if any, as may be specified in the order, such land from the provisions of subsection (1).
Explanation.— For the purposes of this sub-section, the expression ―non-agricultural puropose‖ means a purpose which is not an agricultural purpose or a purpose ancillary thereto, including horticulture; and the expression ―industry‖ means any business, profession, trade, undertaking or manufacture.]