Amendment status not verified — confirm the current text below against the official source.
(1) If the extent of the holding of a person is in excess of the ceiling area, the person shall be liable to surrender the land held in excess. (2) The Tribunal shall serve on every person. who is liable to surrender the land held in excess of the ceiling area under sub-section (1), a notice specifying therein the extent of land which such person has to surrerder and requiring him to file a statement within such period not being less than fifteen days, as it may fix, indicating therein, full particulars of the lands which such person proposes to surrender. (3) If the person on whom a notice is served under sub- section (2), files the statement referred to in that sub-section wthin the period fixed therefor, and the Tribunal is satisfied, after making such inquiry as it deems fit, that the proposed surrender of the land is in accordance with the provisions of this Act, it shall pass an order approving the surrender and the said land shall thereupon be deemed to have been surrendered by such person. (4) If the person on whom a notice is served under sub- section (2) does not file the statement referred to in that sub- section within the period fixed therefor or files such statement within the period fixed but does not specify therein the entire extent of land which such person has to surrender the Tribunal may, after giving an opportunity to the person concerned of being heard, itself select, in the former case the entire extent, and in the latter case, the balance of the extent which such person has to surrender, and pass in order to that effect, and thereupon the said land or balance of land, as the case may be shall be deemed to have been surrendered by such person. Surrender of land in certain cases. [Act No. 1 of 1973] 21 (5) (a) Notwithstanding anything in this section, it shall be open to the Tribunal to refuse to accept the surrender of any land- (i) which has been converted into non-agricultural land and has been rendered incapable of being used for purposes of agriculture; (ii) the surrender of which is not acceptable on account of a dispute as to the title to the land or an encumbrance on the land or on account of the land being in the possession of any person mentioned in 11[xxx] item (v) of clause (i) of section 3 or on account of the land proposed to be surrendered becoming inaccessible by reason of its, severance from the remaining part of the holding; and the Tribunal shall, in every such case, serve a notice on the person concerned requiring him to surrender any other land in lieu thereof; and thereupon the provisions of sub-sections (3) and (4) shall, mutatis mutandis apply to such surrender: Provided that where land proposed to be surrendered under this section is burdened with a mortgage, the Tribunal may, on an application made by the mortgager with the consent of the mortgagee, by order, transfer such mortgage from the land so proposed to be surrendered to the residuary holding of the mortgager or to any part thereof. (b) Where the land so surrendered under clause (a) is also not acceptable to the Tribunal, the Tribunal shall, after giving an opportuntty to the person concerned of being heard, select any other land in lieu thereof, and thereupon, the said land shall be deemed to have been surrendered by such person.