Amendment status not verified — confirm the current text below against the official source.
*[ (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; ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 166 (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 93. (4) Where, after the commencement of this Act, any class of land specified in Schedule I has been converted into any other class of land specified in that Schedule, 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.] (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. ________________________________________________________________________ * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 167 (6) In computing the ceiling area, lands exempted under section 91 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. No person to hold land in excess of the ceiling area +[93. With effect from such date as may be notified by the Government in the Official Gazette, no person shall be entitled to own or hold or to possess under a mortgage lands in the aggregate in excess of the ceiling area.] Certain voluntary transfers to be null and void 94.*[(1)] Notwithstanding anything contained in any law for the time being in force, all voluntary transfers effected after the date of publication of the Mahe Land Reforms Bill, 1968, in the Official Gazette, otherwise than --- (i) by way of partition; or (ii) *[omitted] (iii) in favour of a person who was a tenant of the holding before the date aforesaid and continued to be so till the date of transfer; (iv) *[omitted] + 01.04.1981 is the notified date for the purposes of the said section as per notification published in the EG No. 32 dt, 30.03.1981. * Deemed to have been omitted vide Act No.1 of 1981 w.e.f 22.03.1968. 168 by a family or any member thereof or by an adult unmarried person owning or holding land in excess of the ceiling area, +[or otherwise than by way of gift in favour of his son or daughter or the son or the daughter of his pre-deceased son or daughter by any person owning or holding land in excess of the ceiling area] shall be deemed to be transfers calculated to defeat the provisions of this Act and shall be invalid: Provided that without prejudice to any other right of the parties to any such transfer, when any purchase price is payable under section 64 or any compensation is payable *[under section 80J or section 98] for any land covered by the said transfer, it shall be competent for the Land Tribunal to award the transferee, out of the purchase price or compensation amount in respect of such land, such sum as the Land Tribunal may consider just and proper. *[(2) Notwithstanding anything contained in any law for the time being in force, all voluntary transfers effected by any person (other than a family or any member thereof or by an adult unmarried person) owning or holding land in excess of the ceiling area after the 22nd March, 1968, otherwise than --- (i) by way of partition; or (ii) in favour of a person who was a tenant of the holding before the 22nd March, 1968, and continued to be so till the date of transfer, shall be deemed to be transfers calculated to defeat the provisions of this Act and shall be invalid: Provided that without prejudice to any other right of the parties to any such transfer, when any purchase price is payable under section 64 or any compensation is payable under section 80J or section 98 for any land covered by the said transfer, it shall be competent for the Land Tribunal to award to the transferee, out of the purchase price or compensation amount in respect of such land, such sum as the Land Tribunal may consider just and proper. ________________________________________________________________________ + Inserted vide Act No. 1 of 1981 and it shall be deemed to have come into force w.e.f 22.03.1968. * Amended vide Act No.1 of 1981 w.e.f 1-4-1981vide Notification published in the Extraordinary Gazette No.32 dated 30.03.1981. 169 (3) For the removal of doubts, it is hereby clarified that the expression “ceiling area” in sub-sections (1) and (2) means the ceiling area as specified in section 92]. Surrender of excess lands