Section 11 in The M.P. Ceiling On Agricultural Holdings Act, 1960
11. Preparation of statement of land held in excess of the ceiling area.
(1)On the basis of information given in the return under Section 9 or the information obtained by the competent authority under Section 10, the said authority shall after making such enquiry as it may deem fit, prepare a separate draft statement in respect of each person holding land in excess of the ceiling area, containing the following particulars(i)[ the name and address of the holder;] [Substituted by M.P. Act No. 13 of 1974. (w.e.f. 7-3-1974.)](i-a) if the holder is a member of a family, names, addresses and ages of members of the family;[(i-b) if the holder who is a member of family has major sons, names, ages and addresses of his major sons and land held by each of them as on the 1st January, 1971;] [Substituted by Madhya Pradesh Act, No. 20 of 1974. (w.e.f. 7-3-1974)](ii)full particulars of land held by him and other members of his family within the State and the total area of such land;](iii)the total area of land which the holder is entitled to hold in accordance with the provisions of this Act;(iv)the description of land which he desires to retain;(v)the description of land which the competent authority proposes to declare surplus; and(vi)such other particulars as may be prescribed ;[Provided that if the holder fails to specify the portion of land whin, he wishes to retain, the competent authority shall, to the extent possible, include the encumbered and improved land in the land to be retained by the holder ;] [Substituted by Madhya Pradesh Act, No. 12 of 1974 (w.e.f. 7-3-1974)]Provided further that a joint statement may be prepared in respect of holders who are members of a Joint Hindu Family or who hold land jointly or as tenants-in-common.(2)The transferor shall, for the purpose of this Act, be deemed to be the holder of land the transfer of which-(i)has been declared to be void under sub-section (1) of Section 4; or(ii)has been found by the competent authority, on such enquiry as may be prescribed to be in contravention of the provisions of subsection (1) of Section 5.(3)The draft statement shall be published at such place and in such manner as may be prescribed and a copy thereof shall be served on the holder or holders concerned, the creditors and all other persons interested in the land to which it relates. Any objection to the draft statement received within thirty days of the publication thereof shall be duly considered by the competent authority who after giving the objector an opportunity of being heard shall pass such order as it deems fit.(4)If while considering the objections received under sub-section (3) or otherwise, the competent authority finds that any question has arisen regarding the title of a particular holder and such question has not already been determined by a Court of competent jurisdiction, the competent authority shall proceed to enquire summarily into the merits of such question and pass such orders as it thinks fit.[x x x] [Omitted by M.P. Act No. 8 of 1989. (w.e.f. 1-11-1988)](5)The order of the competent authority under sub-section (4) shall subject to the decision in appeal or revision be final and conclusive.](6)[ After all such objections, have been disposed of, the competent authority shall, subject to the provisions of this Act and the rules made thereunder, make necessary alterations in the draft statement in accordance with the orders passed on objections and shall declare the surplus land held by each holder. The competent authority shall, thereafter, publish a final statement specifying therein the entire land held by the holder, the land to be retained by him and the land declared to be surplus and send a copy thereof the holder concerned. Such a statement shall be published in such manner as may be prescribed and shall be conclusive evidence of the facts stated therein.] [Substituted By M.P. Act No. 8 Of 1989. (W.E.F. 1-11-1988)](7)[x x x] [Omitted by M.P. Act No. 8 of 1989. (w.e.f. 1-11-1988)](8)[ [x x x] [Substituted by M.P. Act No. 12 of 1974. (w.e.f. 7-3-1974.)] If the land in excess of the ceiling area consists of a small script of land which cannot be cultivated economically or which cannot be detached from the land having regard to the efficient use thereof for agricultural purposes, the holder of the land may be permitted by the competent authority, for reasons to be recorded in writing, to retain the said strip of land subject to a maximum of one acre in excess of the ceiling area.](9)[ The competent authority shall dispose of the case-(i)to which Section 11-A applies, within six months from 1st November, 1988;(ii)which is pending with him on the 1st November, 1988 or which has been remanded to him before such date within six months from the 1st November, 1988;(iii)which may be remanded to him or initiated after 1st November 1988 within six months from the date of remand or intimation as the case may be :Provided that if the competent authority is unable to dispose of the case within the period aforesaid, it shall make report to-(i)the Board of Revenue where the competent authority is the Commissioner or Settlement Commissioner;(ii)the Commissioner where the competent authority is any other Revenue Officer;before the expiry of such period stating therein the reasons for its inability to do so and the Board of Revenue or the Commissioner as the case may be, may allow it such further period as it/he may consider necessary to dispose of such case. No record of the case or proceedings relating thereto shall be forwarded along with the report unless specially called for by the Board of Revenue/the Commissioner] [Inserted by M.P. Act No. 8 of 1989. (w.e.f. 1-11-1988)].
