Amendment status not verified — confirm the current text below against the official source.
Surrender of exces& lands.-( I) \Vhere a family or an adult unmarried person owns OI holds land m excess of the ceilmg area on the date notified under sub-section (I) of section 83, such excess land shall be surrendered by the person who is competent to do so within such time and to such authority as mav be prescribed : Provided that where any person bona jzde believ<'s that the owner- ship or possession of any land owned or held by him or by the members of his family is liable to be purchased by the cultivating tenant or to be resumed by the landowner or the intermediary under the provisions of this Act, the extent of the land so hable to be purchased or to be resumed .,hall not be taken into account in calculating the extent of the land to be surrendered under this sub-sectiOn. Explanation.-Where any land owned or held by a family or adult unmarried person owning or holding land in excess of the ceiling area was transferred by such family or any member thereof or by such adult unmarried person, as the case may be, after the 18th December, 1957,and on or before the date of publication of the Kerala Land Reforms Bill, 1963, in the Gazette, otherwise than- (i) by way of partition; or ( zi) on account of natural love and affection; or (iu) in favour of a person who was a tenant of the holding before the 18th December, 1957, and continued to be so till the date of transfer ; or (tv) in favour of a religious, charitable or educational institution of a pubhc nature solely for the purposes of the institution, the extent of land owned or held by such family or adult unmarried person shall be calculated for purposes of fixing the extent of land to be surrendered under this section as if such transfer had not taken place, and such family or adult unmarried person shall be bound to surrender an extent of land which would be m excess of the ceilmg area on such calculation, or, where such family or person does not own or hold such extent of land, the entire land owned or held by the family or person; but nothmg in this Explanation shall affect the rights of the transferee under the transfer. · (2) Where a family or an adult unmarried person owns or holds land in excess of the ceilmg area, the husband, or in his absence, the wife, or in the absence of both, the guardian of the mmor children, or, as the case may be, the adult unmarned person, shall, within a penod of three months from the date n7ti11ed under sub-section (I) of section 83, file a statement before the Land Board mtimating the loca- tion, extent and such other particulars as may be prescribed, of all the lands owned or held by the family or adult unmarned person, and indicating the lands proposed to be surrende1 ed. Exp!anatwn 1.-Where lands owned or held by a family stand m the name of more than one member of the family, the identity of the land, the ownership or possession or both of which is or are to be S4 surrendered, shall be ind1cated as far as practicable with the concur- rence of all the members in whose names they stand. Explanation I/.-Where land to be surrendered is owne I or held by two or more persons jointly, whether or not as members of an in- stitution or of a jomt family, the identity of the same shall be indicated as far as practicable with the concunence of all the persons who own or hold such land. Explanation {//.-Where a family or adult unmarried person owns or holds lands, includmg shares m the lands owned or held by a co-operative society, in excess of the ceiling area, the excess lands to be surrendered shall be lands other than shares m the lands owned or held by the co-operative society. (3) Where, after the final settlemer.t of claims for resumption of lands held by a family or an adult unmarried person as tenant, such family or person holds land in excess of the ce.Img area, or where, after the purchase of the right, title and mterest of the land- owner and the intermediary by the cultivatmg tenant m respect of lands owned by a family or adult unmarned person, such family or person owns land m excess of the ceiling area, such excess shall be surrendered by the person who IS competent to do so withm a period of three months from the date of the final settlement 01 purchase, as the case may be. At the t1me of the surrender, he shall file a statement before the Land Board contaming the particulars specified in sub-sectiOn (2) of the lands held or owned by h1m. The provisions of sub-section (2) shall, as far as may be, apply in regard to the calculation of the excess land and the procedure for the surrender of the same. ( 4) Where a member of a joint family surrende1 s under this section, any land belongmg to the JOint fam1ly and the surrender is accepted hy the Land Board with or w1thout modification m extent or 1dentity of the lands surrendered, he shall be deemed to have become d1vided in status from the other members of the family, w1th effect from the date of the surrender, and the lands, the surrender of which has been accepted, shall be deemed to have been lands allotted to the share of such member on pa1 titian. (5) On receipt of the statement under sub-section (2) or sub- section (3), the Land Board shall- (a) cause the particulars mentioned m the statement to be venfied ; (b) ascertain whether the family or person to wh1ch or to whom the statement relates, owns or holds any other lands ; and (c) by order, determine the e>.tent and identity of the land to be surrendered. (6) In determining the rdentity of the land, the Land Board shall, as far as practicable, accept the chorcc mdicated under sub- sectiOn (2) or sub-section (3) : Provided that where in such determination the interests of other persons are also likely to be affected, the Land Board ~hall, except in cases where all the persons interested have agreed to the choice -------------------------------------~ l l \ ) 55 indicated, afford an opportunity to such otht>r persons to be heard and pass suitable orders regarding the land to be surrendered. (7) Where any per!>on fails to file the statement specified under sub-section (2) or sub-section (3), the Land Board shall, after necessary enquiries, by order, determine the extent and other particulars of the land, the ownership or posses!>ion or both of which is or are to be sun endered : Provided that before such determination the Land Board shall g-ive an opportunity to the pe1 sons interested m the land, to be heard. (8) Where the Land Board determines the extent of the land to he surrendered by any person without hearing any person interested, such person may, within sixty days from the date of such determina- tiOn, apply to the Land Board to set aside the order and, if he satisfies the Land Board that he was prevented by any sufficient cause from appearmg before the Land Board, it shall set aside the order and shall proceed under sub-sect1on (5) or sub-section (7), as the case may be. Explanation.-For the pm poses of this !>ection and section 86, ' hold " w1th reference to land shall include " posses~ land under mortgage with possession ''.