Amendment status not verified — confirm the current text below against the official source.
*[(1) Where a person owns or holds land in excess of the ceiling area on the date notified under section 93, such excess land shall be surrendered as hereinafter provided:] Provided that where any person bona fide believes that the ownership or possession of any land owned or *[held by such person or, where such person is a member of a family by the members of such family is liable to be purchased by the cultivating tenant or kudikidappukaran] or to be resumed by the landowner or the intermediary under the provisions of this Act, the extent of the land so liable to be purchased or to be resumed shall 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 28th April, 1962, and on or before the date of publication of Mahe Land Reforms Bill, 1968, in the Official Gazette, otherwise than --- (i) by way of partition; or (ii) on account of natural love and affection; or (iii) in favour of a person who was a tenant of the holding before the 28th April, 1962, and continued to be so till the date of transfer; or (iv) in favour of a religious, charitable or educational institution of a public nature solely for the purpose 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 in excess of the ceiling 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 nothing in this Explanation:- ________________________________________________________________________ * 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. 170 (a) shall affect the rights of the transferee under the transfer; or (b) shall apply in the case of any transfer of land by a family or any member thereof or an adult unmarried person if the extent of land owned or held by such family or adult unmarried person, as the case may be, immediately before the transfer was not in excess of the ceiling area as specified in section 92 and applicable to such family or adult unmarried person]. *[ (2) Where a person owns or holds land in excess of the ceiling area such person shall, within a period of three months from the date notified under section 93, file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all the lands (including lands exempted under section 91) owned or held by such person and indicating the lands proposed to be surrendered] Explanation I. --- Where lands owned or held by a family stand in 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 surrendered, shall be indicated as far as practicable with the concurrence of all the members in whose names they stand. Explanation II. – Where land to be surrendered is owned or held by two or more persons jointly, whether or not as members of an institution or of a joint family, the identity of the same shall be indicated as far as practicable with the concurrence of all the persons who own or hold such land. Explanation III. --- Where *[a person] owns or holds lands, including shares in 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 in the lands owned or held by the co-operative society. *[Explanation IV. --- Where any person owns or holds lands in excess of the ceiling area including lands mortgaged to the Government or to a co-operative society or to a co-operative land mortgage bank registered or deemed to be registered under the Co-operative Societies Act for the time being in force or to the State Small Industries Corporation, or to a scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934) or to a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970), or to the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), or to a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959), as security for any loan advanced by the Government or by such co-operative society or bank or corporation, the excess lands to be surrendered shall, as far as possible, be lands other than those so mortgaged. ________________________________________________________________________ * 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. 171 Explanation V.--- Where a person owns or holds land in excess of the ceiling area including lands owned by the Government, the excess lands to be surrendered shall, as far as possible, be the lands owned by the Government.] *[(2A) The statement under sub-section (2) shall be filed, --- (a) in the case of an adult unmarried person, by such person; (b) in the case of a minor, lunatic, idiot or a person subject to like disability, the guardian, manager or other person in-charge of such person or of the property of such person; (c) in the case of a family the husband or in his absence, the wife, or in the absence of both the guardian of the minor children; (d) in the case of any other person, any person competent to act for such person in this behalf.] *[(3) Where, after the final settlement of claims for resumption of lands held by a person as tenant, such person holds land in excess of the ceiling area, or where after the purchase of the right, title and interest of the landowner and the intermediary by the cultivating tenant in respect of lands owned by a person such person owns land in excess of the ceiling area, such excess land shall be surrendered as hereinafter provided. (3A) The person bound to file a statement under sub-section (2) shall, within a period of three months from the date of final settlement or purchase, file a statement before the Land Board, and the provisions of the said sub-section shall as far as may be, apply in regard to the particulars to be contained in such statement, the calculation of the excess land and for the procedure for the surrender of the same.] (4) Where a member of a joint family surrenders under this section, any land belonging to the joint family and the surrender is accepted by the Land Board with or without modification in extent or identity of the lands surrendered, he shall be deemed to have become divided in status from the other members of the family, with 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 partition. (5) On receipt of the statement under sub-section (2) or *[sub-section (3A),] the Land Board shall – ________________________________________________________________________ * 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. 172 (a) cause the particulars mentioned in the statement to be verified; (b) ascertain whether the *[person to whom] the statement relates, owns or holds any other lands; and (c) by order determine the extent and identity of the land to be surrendered. (6) In determining the identity of the land, the Land Board shall, *[omitted], accept of the choice indicated under sub-section (2) or *[sub-section (3A)]: *[Provided that the Land Board shall not be bound to accept such choice if --- (A) it has reason to believe that the person whose land is indicated to be surrendered has no good title to that land; or (B) the land indicated to be surrendered is not accessible; or (C) it considers for any other reason to be recorded in writing that it is not practicable to accept the choice or to take possession of the land;] *[Provided further that] where in such determination the interest of other persons are also likely to be affected the Land Board shall except in cases where all the persons interested have agreed to the choice indicated, afford an opportunity to such other persons to be heard and pass suitable orders regarding the land to be surrendered. (7) Where any person fails to file the statement specified under sub-section (2) or *[sub-section (3a)], the Land Board shall, after necessary enquiries, by order, determine the extent and other particulars of the land, the ownership or possession or both of which is or are to be surrendered: Provided that before such determination the Land Board shall give an opportunity to the persons interested in the land, to be heard. (8) Where the Land Board determines the extent of the land to be surrendered by any person without hearing any person interested, such person may, within sixty days from the date of such determination, apply to the Land Board to set aside the order and, if he satisfied the Land Board that he was prevented by any sufficient cause from appearing before the Land Board, it shall set aside the order and shall proceed under sub-section (5) or sub-section (7), as the case may be. ________________________________________________________________________ * 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. 173 *[(9) The Land Board may, if it is satisfied that the extent of lands surrendered by, or assumed from, a person under section 96 is less than the extent of lands which he was liable to surrender under the provisions of this Act or that the lands surrendered by, or assumed from, a person were not lawfully owned or held by him, set aside its order under sub-section (5) or sub-section (7), as the case may be, in respect of such lands and shall proceed afresh under that sub-section: Provided that the Land Board shall not set aside any order under this sub- section without giving the persons affected thereby an opportunity of being heard: Provided further that the Land Board shall not initiate any proceedings under this sub-section after the expiry of three years from the date on which the order sought to be set aside has become final]. Explanation. – For the purposes of this section and section 96, “hold” with reference to land shall include “possess land under mortgage with possession”. Certain persons to file statements *[ 95A. (1) Notwithstanding anything contained in this Chapter, every family consisting of more than one member, owning or holding more than twelve acres in extent of land, every adult unmarried person and every family consisting of a sole surviving member, owning or holding more than six acres in extent of land and every other person (other than a bank) owning or holding more than twelve acres in extent of land shall, within a period of seventy-five days from the commencement of the Mahe Land Reforms (Amendment) Act, 1980, file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all lands (including lands exempted under section 91) owned or held by such family or person. Explanation. – In this sub-section “Bank” means a scheduled bank as defined in the Reserve Bank of India Act, 1934 (Central Act 2 of 1934), or a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970), or the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), or a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959). (2) The statement under sub-section (1) shall be filed, ---- (a) in the case of an adult unmarried person or the sole surviving member of a family, by such person; ________________________________________________________________________ * 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. 174 (b) in the case of a minor, lunatic, idiot or a person subject to like disability, but the guardian, manager or other person in charge of such person or of the property of such person; (c) in the case of a family, by the husband or in his absence, by the wife, or, in the absence of both, by the guardian of the minor children; (d) in the case of any other person, by any person competent to act for such person in this behalf.] Vesting of excess lands in Government