Surrender of excess lands

(1) Where a family or an adult unmarried person owns or holds land in excess of the ceiling area on the date notified under sub-section (1) 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 may be prescribed: Provided that where any person bona fide believes that the ownership 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 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 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 (ii) on account of natural love and affection; or (iii) 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 (iv) in favour of a religious, charitable or educational institution of a public 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 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 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 ceiling area, the husband, or in his absence, the wife, or in the absence of both, the guardian of the minor children, or, as the case may be, the adult unmarried person, shall, within a period of three months from the date notified under sub-section (1) of section 83, file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all the lands owned or held by the family or adult unmarried 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 family or adult unmarried 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. (3) Where, after the final settlement 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 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 family or adult unmarried person, such family or person owns land in excess of the ceiling area, such excess shall be surrendered by the person who is competent to do so within a period of three months from the date of the final settlement or purchase, as the case may be. At the time of the surrender, he shall file a statement before the Land Board containing the particulars specified in sub-section (2) of the lands held or owned by him. 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 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 (3), the Land Board shall— (a) cause the particulars mentioned in the statement to be verified; (b) ascertain whether the family or person to which or 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, as far as practicable, accept the choice indicated 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 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 (3), 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 satisfies 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. Explanation.—For the purposes of this section and section 86, 'hold' with reference to land shall include 'possess land under mortgage with possession'.