- [(1) Where a person owns or holds land excess of the ceiling area on the date notified under Section 83, such excess land shall be surrendered as hereinafter provided:] [Substituted by Act No. 35 of 1969.]Provided that where any person bonafide believes that the ownership or possession of any land owned or [held by such person on 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] [Substituted by Act No. 35 of 1969.] 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 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 - [Substituted by Act No. 17 of 1972.](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 be-fore the transfer was not in excess of 'the ceiling area specified in the Kerala Agrarian Relations Act, 1960, 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 83, file a statement before the Land Board inti-mating the location, extent and such other particulars as may be pre-scribed, of all the lands (including lands exempted under Section 81) owned or held by such person and indicating the lands proposed to be surrendered.] [Substituted by Act No. 35 of 1969.]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, he 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 1[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. [Inserted by Act 35 of 1969.] - Where any person owns or holds land in excess of the ceiling area, including lands mortgaged to the Government or to a co-operative society or to a co-operative land mor1gaje bank registered or deemed to be registered under the Co-operative. Societies Act for the time being in force, or to the Kerala financial Corporation or to the Kerala Industrial Development Corporation or to the State Small industries Corporation, [or to a scheduled bank as defined in the Reserve Bank of India Act, 1934 [or to a corresponding new bank constituted under the Ranking Companies (Acquisition and Transfer of Undertakings) Act, 1970 or to the Stare Bank of India constituted under the State Bank of India Act, 1955 or to a subsidiary bunk as defined in the State Bank of India (Subsidiary Banks) Act, 1959]] as security for any loan advanced by the Government or by such co-operative society or bank or corporation the excess lands to he surrendered shall, as far as possible, he lands other than those so mortgaged.][Explanation V. [Inserted by Act 17 of 1972.] - Where a person owns or holds land in excess of the ceiling area including lands owned by the Government of Kerala, the excess lands to be surrendered shall, as far as possible, be the lands owned by the Government of Kerala.](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 hound 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 he, 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.] [Substituted by Act No. 35 of 1969.](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 [Taluk Land Board] [Substituted by Act 17 of 1972.] with or without modification in extent or identity of the lands surrendered, be 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 he 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)] [Substituted by Act No. 35 of 1969.] [the Land Board shall transfer the statement to such Taluk Land Board as may be decided by the Land Board in accordance with such principles as may be prescribed and such Taluk LandBoard shall] [Substituted by Act 17 of 1972.]-(a)cause the particulars mentioned in the statement to be verified;(b)ascertain whether [the person to whom] [Substituted by Act No. 35 of 1969.] 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 [Taluk Land Board] [Substituted by Act 17 of 1972.] shall [***] [Omitted by Act 25 of 1971.] accept the choice indicated under Sub-section (2) or [Sub-section (3A):] [Inserted by Act 25 of 1971][Provided that the [Taluk Land Board] [Substituted by Act 17 of 1972.] 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] [Substituted by Act 17 of 1972.] where in such determination the interest of other persons are also likely to be affected, the (Taluk 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.(6A)[ For the removal of doubts it is hereby declared that proceedings for the determination of the extent and other particulars of any land, the ownership or possession or both of which is or are to be surrendered by an adult unmarried person or a family, shall not abate On the death of that adult unmarried person or as the case may be, the sole surviving member of that family where it consists of only one person, or the member of that family who filed the statement under this Section or under Section 85A in the case of any other family, but shall be continued against the legal representatives of such adult unmarried person or sole surviving member or the remaining member or members of such family, as the case may be, and such legal representatives or remaining member or members shall be bound to surrender the same extent of land as such adult unmarried person or sole surviving member of such family would have been liable to surrender, if such adult unmarried person or sole surviving member or the person who filed such statement, as the case may be, were alive on the date of determination of the extent and other particulars of the land.] [Inserted by Act No. 19 of 1981.](7)Where any person fails to file the statement specified under Sub-section (2) or [Sub-section (3A) the Land Board shall, intimate that fact to the Taluk Land Board and thereupon the Taluk Land Board shall] [Substituted by Act No. 35 of 1969.] 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 Taluk Land Board] [Substituted by Act 17 of 1972.] shall give an opportunity to the persons interested in the land, to be heard.(8)Where the [Taluk Land Board] [Substituted by Act 17 of 1972.] 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 [Taluk Land Board] [Substituted by Act 17 of 1972.] to set aside the order and, if he satisfies the [Taluk Land Board] [Substituted by Act 17 of 1972.] that he was prevented by any sufficient cause from appearing before the [Taluk Land Board] [Substituted by Act 17 of 1972.] it shall set aside the order and shall proceed under Sub-section (5) or Sab-section (7), as the case may be.(9)[ The Taluk Board may, at any time, set aside its order under Sub-section (5) or Sub-section (7), as the case may be, and proceed afresh under that Subsection if it is satisfied that -(a)the extent of lands surrendered by, or assumed from, a person under Section 86 is less than the extent of lands which he was liable to surrender under the provisions of this Act, or(b)the lands surrendered by, or assumed from, a person are not lawfully owned or held by him; orid in a case where a person is according to such order, not liable to surrender any land. such person owns or holds lands in excess of the ceiling area:] [Inserted by Act No. 25 of 1971.]Provided that the Taluk 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 Taluk Land Board shall not initiate any proceedings under this Sub-section [after the expiry of seven years] [Substituted by Act No. 16 of 1989.] from the date on which the order sought to be set aside has become final.][Explanation I. [Inserted by Act No. 13 of 1978.] - For the removal of doubts, it is hereby clarified that the references in this Sub-section to the Taluk Land Board shall, in cases in which the order under Sub-section (5) or Sub-section (7) as been passed by the Land Board, be construed as references to the Land Board.] [Inserted by Act 35 of 1969.]Explanation II. - For the purposes of this Section and Section 86, "hold" with reference to land shall include "possess land under mortgage with possession".(9A)[ Power of Taluk Land Board to review its decision- Not-withstanding anything contained in this Act or in the Lamination Act, 1963 (Central Act 36 of 1963), or in any other law for the time being in force or in any judgement, decree or order of any court or other authority, the Taluk Land Board may, if it is satisfied that its decision under Sub-section (5) or Sub-section (7) or subSection (9) requires to be reviewed on the ground that such decision has been made due to the failure to produce relevant data or other particulars relating to ownership or possession before it, or by collusion or fraud or any suppression of material facts the Taluk Land Board may review such decision after giving an opportunity to the parties of being heard anti pass such orders as it may think fit:Provided that the Taluk Land Board shall not reopen any such case after the expiry of three years from the date of coming into force of the Kerala Land Reforms (Amendment) Act 1989.] [Substituted by Act No. 16 of 1989.](10)[ Any person who, by virtue of the provisions of Sub-section (IA) of Section 84, is entitled to the restoration of the ownership or possession or both of any land may, within sixty days from the commencement of the Kerala Land Reforms (Amendment) Act, 1979, apply to the Land Board or the Taluk Land Board, as the case may be, for such restoration.(11)An application under Sub-section (10) shall be in such form, shall contain such particulars and shalt be verified in such manner as may be prescribed.(12)On receipt of an application under Sub-section (10), the Land Board or the Taluk Land Board, as the case may he, than, after giving the applicant or any other person likely to be affected, an opportunity of being heard and after such inquiry as it deems necessary, by order, restore the ownership or possession, or both, as the case may be, of the land.] [Inserted by Act No. 27 of 1979.]
