Authorised officer to take possession of land in excess of cultivating tenant’s ceiling area

On the basis of the return furnished under sub-section (1) of section 31 or on the basis of the return furnished under sub-section (2) of that section, and the additional particulars, if any, furnished under that sub-section, or on the basis of the information obtained by the authorised officer under clause (a) of sub-section (3) of section 31, and the orders passed on the representation and the evidence, if any, under clause (b) of sub-section (3) of that section, the authorised officer shall subject to such rules, as may be made in this behalf and subject to the rights of the owner of the land, take possession on behalf of the Government, of the land held by the person, as cultivating tenant and in excess of the cultivating tenant’s ceiling area: Provided that the authorised officer shall not take possession of such land unless he has given the land owner and the cultivating tenant concerned a reasonable opportunity of being heard in the matter: Provided further that the authorised officer shall give in such manner as may be prescribed not less than fifteen days notice in writing intimating the cultivating tenant of his decision to take possession of the land and the notice shall expire with the end of the agricultural year in which such notice is given: Provided also that the authorised officer may, for reasons to be recorded in writing permit the possession of the land held by the person as cultivating tenant and in excess of the cultivating tenant’s ceiling area, if the total extent of such excess land does not exceed 0.2 hectare in the case of wet land and 0.4 hectare in the case of dry land. Provided also that where there is any crop standing on such land on the date of the expiry of the notice aforesaid, the authorised officer may postpone taking possession of the land and permit the harvest of such crop by the person who had raised such crop.