(1) The Government may, by notification, constitute a Tribunal for the purposes of this Regulation.
(2) The Tribunal constituted under sub-section (1) shall consist of one person who holds or has held the post of a Deputy Collector or that of a District Munsif or is qualified to hold the post of a District Munsif or holds or has held a civil post under the Government, not below the rank of a Deputy Collector.
Constitution, of a Tribunal.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PAHr II— Special provision in respect of certain transfers, etc, already made.
6 (1) Where on or aJ'-ter the 24th January, 1971 but before the notified date, any person has transferred whether by way of sale (other than a bona fide sale under a registered deed for valuable consideration), gift, usufructuary mortagage, exchange, settlement, surrender or in any other manner whatsoever, any land held by him or created a trust of any land held by him, then, the burden of proving that such transfer or creation of trust has not been effected in anticipation of, and with a view to avoiding or defeating the objects of, this Regulation shall be on such person, and where he has not so proved, such transfer or creation of- trust, shall be disregarded for the purpose of the computation of the ceiling area of such person.
(2) Where at any time within a period of five years before the notified date, any person has converted any agiicultural land held by him into a non-agricultural land, then, the land so converted shall be deemed to be agricultural land on the notified date for the purpose of this Regulation.
(3) Where on or after the 24th January, 1971, but before the notified date,-
(a) any declaration of dissolution of marriage has been made by a court on an application made on or after the 24th January, 1971; or
(b) any other dissolution oiS marriage in accordance with any law or custom has taken place, then, the land held by each spouse immediately before the date of such dissolution shall, for the purposes of this Regulation, be deemed to be land held on the notified date by the family unit of which they were members immediately before such dissolution.
(4) Where on or after the 24th January, 1971, but before the notified date, any person has been given in adoption, then, the land held by such person immediately before the date of such adoption shall, for the purposes of this Regulation, be deemed to be held on the notified date by the family unit of which he was a member immediately before such adoption.
(5) In every case referred to in sub-section (3) or sub-section (4), the computation of the ceiling area shall first be made in respect of the family unit referred to in the said sub-section, and after the surrender of the land helct in excess of the ceiling area by such family unit, the remaining land held by such divorced spouse or adopted person, as the case may be, shall be included in the holding of such divorced spouse or adopted person, whether as an individual or as a member of a family unit of which such spouse or person has become a member.
(6) If any question arises,—
(a) whether any transfer or creation of a trust effected on or after the 24th January, 1971 had been effected in anticipation of, and with a view to avoiding or defeating the objects of, this Regulation; or
(h) whether any conversion of agricultural land into non-agricultural land had taken place within a period of five years before the notified date; or
(c) whether any dissolution of a marriage had taken place on or after the 24th January, 1971 but before the notified dale either on an application made on or after the 24th January, 1971, or in accordance with any law or custom; or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 13
(d) whether any person had been given in adoption on or after the 24th January, 1971, but before the notified date;
such question shall be determined by the Tribunal, a Her giving an opportunity of being heard to the affected parties, and its decision thereon shall, subject to an appeal and a revision under this Regulation, be final,
(7) If the Tribunal decides that any transfer or creation of trust had been effected m anticipation of, and with a view to avoiding or defeating the objects of this Regulation and if as a result of such transfer or creation of trust, the holding of the person or the family unit, that remains on the notified date, does not exceed the extent of land that he or the family unit is liable to surrender, then, the Tribunal shall treat the entire holding thus left over as the extent of land to be surrendered under the provisions of this Regulation by the person or the family unit, as the case may be