Amendment status not verified — confirm the current text below against the official source.
CERTAIN TRANSFERS OR DISPOSITIONS NOT TO AFFECT SURPLUS AREA. - (1) Save in the case of land acquired by the Union Government or the State Government under any law for the time being in force or by a tenant under the pepsu law or the Punjab law or by an heir by inheritance, no transfer or disposition of land in excess of (a) the permissible area under the Pepsu law or the Punjab law after the 30th day of July, 1958; and (b) the permissible area under this Act, except a bona fide transfer, or disposition after the appointed day, shall affect the right of the State Government under the aforesaid Acts to the surplus area to which it would be entitled out for such transfer or disposition: Provided that any person who has received an advantage under such transfer, or disposition of land shall be bound to restore it, or to pay compensation for it, to the person from whom he received it. (Vide Act No. 17 of 1976) (2) The burden of proving the transfer or disposition to be a bona fide one shall be on the transfer. (3) If any person transfers or disposes of any land after the appointed day in contravention of the provisions of sub-section (1), the land so transferred or disposed of shall be deemed to be owned or held by that person in calculating the permissible area. The land exceeding the permissible area so calculated shall be the surplus area of the person and in case the area left with him after such transfer or disposition is equal to the surplus area so calculated, the entire area left with him shall be deemed to be the surplus area. If the area left with him is less than the surplus area so calculated, the entire area left with him shall be deemed to be the surplus area and to the extent of the deficiency in it the land so transferred or disposed of shall also be deemed to be the surplus area. If there is more than one transferee, the deficiency of the surplus area shall be made up from each of the transferees in the promotion to the land transferred or disposed of to them. (Vide Act No. 17 of 1976) CASE LAW Section 8(1)--Land owner whose surplus area case is being decided under Pb. Security of Land Tenures Act cannot be allowed to benefit Of land sold before 30.7.58 under Section 8(1) of Ceiling Act; Smt. Kaushalya Devi v. State of Haryana through the Collector, Hisar : 2002(1) ALL INDIA LAND LAWS REPORTER (F.C. Har.) 144 S. 8(1) (b)--Transfer of land effected before the date on which surplus proceedings were taken and after the appointed day-- Cannot be said to be a bonafide transfer--Surplus area is to vest in the State, if it exceeds permissible area--And thereafter only the transferee could be touched--No notice given to the petitioner, the bonafide purchaser, by the Collector, orders of the Collector and F.C. are liable to be se)'aside--Remanded to Collector to decide the matter afresh after giving an opportunity to all; All India land laws Reporter 106. S. 8(1) (b) a bonafide purchaser after the appointed day is protected-Burdan to prove bonafides would lie on the transferor- -But the purchaser i.e. the petitioner herein is an interested party and a necessary party--Deserves to be issued a notice, a mandatory requirement of the Act to enable him to safeguard his interest in the proceedings; All India Land laws Reporter 106. Sections 8 and 9--Sale of land after 23.12.1972--Surplus area declared later on Sold area falling in surplus area--Act whether gives any protection to transfers--Held "No"--Act safeguards interest of State-Notice to transfree necessary; 1987 (2) All India land laws Reporter 487 Sections 8,9 & 11 (3)--Surplus Area-- Transfer from surplus area-- Law treats all transfers of land affected after cut-off date as void--Court can not infuse any life into such dead transactions-- In the present case, the transfer was even much after the surplus area had been declared--Vendees may have suffered because of mechanism applied by area had been declared--vendees may have suffered because of mechanism applied by landowner-They are to blame themselves for the situation--Vendees have no locus standi to either claim a notice under Section 11 (3) of the Act or to request that area purchased may be treated as permissible area of the landlord; 1998 (1) All India Land laws Reporter 160 Section 8, 9, 11 and 12-- Transfer of land after 23rd December, 1972-Not to be taken into consideration--Fact that transfer are bonafide is irrelevant--Provisions of Section 8 and 9 are mandatory; 1990 (1) All India Land laws Reporter 395 S. 8--Punjab Security of Land Tenures Act, 1953--Ss. 10.A and 19- -A Land of :ON" was declared surplus in 1960--Was not utilised till her death in 1968 when it was inherited by the heirs of "N"- -Such heirs claim to have become small landowners and as such entitled to retain the land in dispute under S. 8 of Punjab Act-- In case of death of big land owner, the surplus case is to be decided again by Revenue Authorities--8tate Government is not competent to utilise the surplus area in the hands of the heirs, small land owners-Orders of the Collector, Commissioner and the Financial Commissioner, to the contrary are challenged- The restriction imposed is found to be within the powers of the Government--Administrator may examine each petitioner; so as to ascertain if a trader or shopkeeper manufactured, or stored any offensive or dangerous material specified in clauses (a) to (f) of Section 128(1) of the Act-Persons doing so may be charged the fee and issued a license--Haryana Municipal Act, 1973--Section 128;1998 (1) All India land laws Reporter 260 Sections 8 and 12--Land transferred by a way of decree passed before 30th July, 1951--Decree ignored--Land declared surplus-- Land remaining unutilised and in the meantime death of the landowner taking place in 1976-Another sale taking place in 1979- Sale ignored as made after 30th December, 1972--Earlier sale made before 30th July, 1958 can be taken note of-- Benefit can be given--Vendee as purchasers after 23rd December, 1972 of a sale prior to 30th July, 1958 entitled to the protection and land cannot be declared surplus; 1990 (1) All India Land Laws Reporter 282 Sections 8, 12(3), and 33--Death of landowner after 22nd December, 1972, when proceedings continuing under the Punjab Security of land Tenures Act--Would not effect the surplus area- Surplus area to be determined by ignoring the factum of death-- Surplus land to be surrendered as on 23rd December, 1971; 1990 (1) All lndia Land Laws Reporter 291 Section 8--Punjab Security of Land Tenures Act, 1953--Section 10- B-Surplus land if not utilised during the life time of the landowner falls to the heirs on this death--Surplus area is to be re- determined quo the heirs-Benefit of Section 10-B of Land Tenures Act cannot be denied after the enforcement of Haryana Ceiling Act, 1972; 1993 (2) All India Land Laws Reporter 337 Section 8--Land transferred before 30th July, 1958--Landowner transferring land in favour of his sons to the extent of 3/4th share--3/4th share to be taken pro rate from each portion of the land--Position would have been different if specific numbers had been sold; 1984 (2) All India Land Laws Reporter 114 Section 8--Punjab security of Land Tenures Act, 1953-- Surplus area declared under Punjab Act has to be redetermined under the Haryana Ceiling Act but after alienation challenged in courts are decided-Collector concernedly directed to entire holding of the father of the petitioner who was alive in 1953 and died in 1960 and redecide the surplus area question having regard to the alienations made by father of the petitioners having been declared void; 1993 (2) All India Land Laws Reporter 355 Sections 8 and 12(3)-Surplus land which had been gifted, transferred or disposed off by the landowners before July 30, 1958, shall not vest in the State and as such is not available for utilisation in accordance with utilisation of surplus and Other Area Scheme--1976- Petition success--Orders of the F.C. set aside; 1993 (2) All India Land Laws Reporter 315 Sections 8, 12 and 33--Punjab Security of land Tenures Act, 1953-Section 8- Purchase of land under Section 18 and exemption --Exemption to land purchased available only in accordance with the provisions of resettlement scheme--Exemption not available in the case nor covered by Section 8-Entitlement of the landowner to be seen 23rd December, 1972--Death of the landowner irrelevant consideration; 1990 (1) ALL India Land Laws Reporter 292 Sections 8 and 9--Surplus area--Section by landowner to be respected-Notice to transferee held not necessary; 1987 (2) All India Land Laws Reporter 487 Section 8--Bona fide of Sale--Agreement exercised before 24.1.1971-Authorised not to ignore the same because sale is executed after 24.1.1971-Should go into the question of bona fide of sale; 1988 (2) All India Land Laws Reporter 458 Section 8(3)--Petitioner purchased a piece of land from a big Landowner after the act came into force--Allotment authority allotted land to Respondents 2 and 3 as surplus land- Petitioner contested the order upto Commissioner Level and lost the case-- Petitioner is now in revision before the Financial Commissioner Haryana contents that Land should be deemed to be owned by the Landowner while calculating the surplus area-- The transaction being bona fide land cannot be used for resettling the tenants-- Held--In case the area left with her after transfer--If any exceeds the land under dispute i.e. 34 Kanals and 16 marlas, the area left with her to the extent of 35 kanals 16 marlas from her own permissible area be utilised- However, if the area left with the landowner is less than the land under dispute i.e. 35 kanals 16 marlas then the area of the petitioner to the extent of deficiency as laid down in Section 8(3) of the Act ibid be utilised; 1990 (2) All India Land Laws Reporter 518