Amendment of section 136

For the existing section 136 of the Principal Act, the following shall be substituted, namely,— “Ceiling on holdings. 136. (1) No person by himself, or if he has a family, together with any other member of his family (hereinafter referred to as the person representing the family) shall, whether as landowner or as a mortgagee with possession or otherwise, or partly in one capacity and partly in another, hold land in excess of five hectares in class I land and six hectares in class II land; Provided that where the number of members of the family of such person exceeds five, he may hold one additional hectare for each member in excess of five in the case of class I land and six in class II land, so however as not to exceed 8 hectares in class I land and 10 hectares in class II land in the aggregate; Provided further that where in a family both husband and Wife hold land separately and the aggregate area of such land exceed the ceiling limit, the excess land that shall vest in the Government shall bear the same proportion as the extent of land held by them. (2) Notwithstanding anything contained in sub—section (1), a person may, in addition to the land which he may hold under that sub—section, hold (from out of the land owned or held by him) in respect of his adult son and unmarried daughter; (i) in a case where the adult son does not hold any land, so much land as not exceeding one half of the land the adult son may hold under sub-section (1); (ii) in case where the adult son holds land less than one half of that land permitted under sub—section (1), so much land as together with the land held by the adult son does not exceed one half of the land which the adult son may hold under the sub-section; (iii) in a case where the unmarried daughter does not hold any land so much land as not exceeding one hectare in respect of each unmarried adult daughter; (iv) in a case where the adult unmarried daughter holds land less than one hectare, so much land as together with the land held by the adult unmarried daughter does not exceed one hectare. (3) Unless otherwise exempted under section 150 for the purpose of this Chapter, in the case of a company, an association or body of individuals, the ceiling limit shall be five hectares in the case of class I and six hectares in the case of class II land. Explanation: Class I land means land which has irrigation facilities. Class II land means the land other than class I land."