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Section 7

The Yanam Land Reforms (Ceiling on Agricultural Holdings) Regulation, 1976.Regulations · 1977

(2) Every person, whose holding on the notified date together with any land transferred by him on or after the 24th January, 1971, whether by way of sale (other than a bona fide sale under a registered deed for valuable consideration), gift, usufructuary mortgage, exchange, settlement, surrender or in any other manner whatsoever and any land in respect of which a trust has been created by him on or after the 24th January, 1971, exceeds the specified limit, shall, within thirty days from the notified date or within such extended period as the Government may notify in this behalf, furnish a declaration in respect of his holding together with such land, to the Tribunal containing such particulars and in such form as may be prescribed.

Explanation. I.—Where the land is held or is deemed to be held by a minor or lunatic or an idiot or other person subject to like disability, not being a member of the family unit, the declaration shall be furnished by the guardian, manager or other person in charge of the property of such person; and where the land is held or is deemed to be held by a company, firm, association or other corporate body, the declaration shall be furnish' ed by any person competent to act for such company, firm, association or corporate body in this behalf

Explanation Il.^Where the land is held or is deemed to be held by a lamily unit, the declaration shall be furnished by a person in management ol the property of such family unit and the declaration so furnished shall be binding on all the members of the family unit:

Provided that the Tribunal .shall, in the event of a dispute as Lo the declaration furnished by the person in management, give lo the othei members of the family unit an opportunity of making their representations or of adducing evidence, if any, in respect of such declaration and shall consider such representations and evidence before determining the ceiling area under this Regulation.

Eocplanation III.—In this sub-section, "specified limit" means, - -

(a) in the case of wet land—7'20 hectares (18 acres);

(b) in the case of dry land—18-00 hectares (45 acres), and for the purpose of computing the specified limit in a case where Lhe holding ot any person includes both wet land and dry land, one hectare ot wet land shall be deemed to be equal to two and one-half hectares of dry land Declaration of holding 14 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11— Determination of ceiling area.

Surrender of land In certain cases

(2) Without prejudice to the provisions of sub-section ( i ) , the Tribunal shall have power to issue notice requiring any person holding land or residing within its jurisdiction who, jt has icason to believe, holds or is deemed to hold land in excess of the ceiling area to furnish a declaration of his holding, or that of his family unit, under sub-section (2), within such period as may be specified in the notice not being less than fifteen ,days from the date of its communication, and such person shall 1'urnish the declaration accordingly.

(3) If any person who is liable to furnish a declaration under subsection (1) or sub-section (2) fails to furnish the declaration within the specified time, the Tribunal may obtain the necessary information in such manner as may be prescribed.

8. The Tribunal shall, on receipt of the declaration furnished or information obtained under section 7, publish the same, and make an inquiry, in such manner as may be prescribed, and pass orders determining whether the person holds or is deemed to hold on the notified date an extent of land in excess of the ceiling area and if so, the extent of land so held in excess as on that date.

Explanation.—Save as otherwise provided in this Regulation, in the case of a family unit, the number of members of the family unit shall be reckoned with reference to the notified date.

Where this provision sits

ActThe Yanam Land Reforms (Ceiling on Agricultural Holdings) Regulation, 1976.
Section7
StatusIn force as published by the source

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