(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 m 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 oi land which such peison has to surrender and requiring him to file a statement withm 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 sub-section (2), files the statement referred to in that sub-section within 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 oi this Regulation, 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 sub-section (2) does not file the statement referred to in that sub-suction 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 th,e former case the entire extent, and in the latter case, the balance of the extent waich such person ha? to surrender, and pass an 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.
(5) (a) Notwithstanding anything m this section, it shall be open to the Tribunal to refuse to accept the bLirrendcr of any land—
(i) which has been converted into non-agriculluial land and has been rendered incapable of being used for purposes of agriculture;
Sjcc. 1] THE GAZETTE OF INDIA EXTRAOBDINARY 15
(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 sub-clause (u) or sub-clause (v) of clause (w) of section 2 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 the land proposed to be surrendered under this section is burdened with a mortgage, the Tribunal may, on an application made by the mortgagor 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 mortgagor 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 opportunity to the person concerned of being heard, select any other land m lieu thereof, and thereupon, the said land shall be deemed to have been surrenderd by such person.
(6) Before passing an order under sub-section (3) or sub-section
(4) or sub-section (5), the Tribunal shall publish the particulars of the 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;
(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 female member is the owner of such land.
Explanation II.—Where any person surrenders any land being the whole or part of his share of the land held by a co-operative seciety or firm, the share of- such person in such co-operative society, 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 Regulation is a member of a co-operative society 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, or firm only to make up the deficiency.
16 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Vesting of land surrendered.
Reversion and vesting of land surrendered.
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 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 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 pro rata with reference to each class of. land held by such joint family, cooperative society or firm.
10. Where any land is surrendered or is deemed to have been surrendered under this Regulation by an owner, the Tribunal 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 Regulation in respect of such land; and
(ti) against any other property of the owner;
to the same extent to which such claim or liability was enforceable agamst that land or other property, as the case may be, immediately before the date of vesting.
Explanation.—Nothing in this section shall affect the provisions of any law, cusftom, usage or agreement relating to right of easement available for any land vesting in the Government under this section over any other land.
11. (I) Where any land is surrendered or is deemed to have been surrendered under this Regulation by any usufructuary mortgagee or tenant, the possession of such land shall, tubject to such rules as may be prescribed, revert to the owner.
(2) The owner to whom the possession of the land reverts under sub-section (1) from an usufructuary mortgagee shall be liable to pay the mortgage money due to the usufructuary mortgagee in respect of that land with interest at the rate of six per cent, per annum from the date of such reversion, and the said land shall continue to be the security for such payment,
(3) The owner to whom the possession of the land reverts under sub-sect1 on (1) from a tenant shall be entitled to receive from the tenant rent due for the period ending with the last crop harvested by such tenant.
(4) Where any land is suirendered or is deemed to have baen surrendered under this Regulation by any limited owner or by any person in possession by virtue of a mortgage by conditional sale or through a part performance of contract for sale or otherwise, the possession of such land shall, subject to such rules as may be prescribed, revert to the owner.
(5) The owner to whom the possession of the land reverts under sub-section (4) shall be liable to discharge the claim enforceable against SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY i 7 the land by the limited owner or person in possession; and the land surrendered shall, if held as a security, continue to be the security.
(6) Notwithstanding anything contained in this section, where any land surrendered1 by an usufructuary mortgagee or a tenant or a limited owner or a person in possession referred to in sub-section (4), is also a land surrendered by the owner, the provisions of section 10 shall apply.