Bare ActsKerala Land Reforms Act, 1963

Section 82

Ceiling area.--

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[(1) The ceiling area of land shall be,-- (a) in the case of an adult unmarried person or a family consisting of a sole surviving member, five standard acres, so however that the ceiling area shall not be less than six and more than seven and a half acres in extent; (b) in the case of a family consisting of two or more but not more than five members, ten standard acres, so however that the ceiling area shall not be less than twelve and more than fifteen acres in extent; (c) in the case of a family consisting of more than five members, ten standard acres increased by one standard acre for each member in excess of five, so however that the ceiling area shall not be less than twelve and more than twenty acres in extent; and (d) In the case of any other person, other than a joint family, ten standard acres, so however that the ceiling area shall not be less than twelve and more than fifteen acres in extent]. (2) For the purposes of this Chapter, all the lands owned or held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be owned or held by the family. [(3) In calculating the extent of land owned or held by a family or an adult unmarried person, the shares of the members of the family or the adult unmarried person, as the case may be, in the lands owned or held (a) by one or more of such members jointly with any person or persons other than a member or members of such family or by such adult unmarried person jointly with any other person or persons; or (b) by a co-operative society or a joint family, shall be taken into account. Explanation.-- For the purposes of this sub-section, the share of a member of a family or an adult unmarried person in the lands owned or held jointly or by a co-operative society or a joint family shall be deemed to be the extent of land which would be allotted to such member or person had such lands been divided or partitioned, as the case may be, on the date notified under section 83.] [(4) Where, after the commencement of this Act, any class of land specified in Schedule II has been converted into any other class of land specified in that Schedule or into a plantation, the extent of land liable to be surrendered by a person owning or holding such land shall be determined without taking into consideration such conversion]. [Provided that nothing contained in this section shall apply to the conversion of any land into cashew estate.] (5) The lands owned or held by a private trust or a private institution shall be deemed to be lands owned or held by the person creating the trust or establishing the institution, or, if he is not alive, by his successors-in-interest. (6) In computing the ceiling area, lands exempted under section 81 shall be excluded. Explanation I.-- For the purposes of this section, where a person has two or more legally wedded wives living, the husband, one of the wives named by him for the purpose and their unmarried minor children shall be deemed to be one family and the other wife or each of the other wives and her unmarried minor children shall be deemed to be a separate family. Explanation II.-- For the purposes of this section, an adult unmarried person shall include a divorced husband or divorced wife who has not remarried: Provided that if such divorced husband or divorced wife is the guardian of any unmarried minor child, he or she together with such unmarried child shall be deemed to be a family. Substituted by Act 35 of 1969, published in K.G.Ext. No. 295 dt. 17/12/1969 (w.e.f. 01/01/1970). Prior to the substitution it read as: "(1) The ceiling area of land shall be,-- (a) in the case of an adult unmarried person or a family consisting of not more than five members, twelve standard acres; and (b) in the case of a family consisting of more than five members, twelve standard acres increased by one standard acre for each member in excess of five, so however that the total extent of the ceiling area shall not exceed twenty standard acres: Provided that the ceiling area shall, in no case, be-- (i) less than fifteen acres in extent; or (ii) more than thirty-six acres in extent". Substituted by Act 25 of 1971 dt. 1-1-1970. Added by Act 6 of 2012 (w.e.f. 04-6-2012).

Section 82 – Kerala Land Reforms Act, 1963 | DailyLaw.ai