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State of Haryana - Section

Section 8 in The Haryana Ceiling of Land Holdings Act, 1972

8. Certain transfers

[or dispositions] [Inserted by Act 17 of 1976.] not to affect surplus area. - (1) Save in the case of land acquired by the Union Government or the State Government under any law for the time being in force or by a tenant under the Pepsu law or the Punjab law or by an heir by inheritance, no transfer [or disposition] [Inserted by Act 17 of 1976.] of land in excess of -(a)the permissible area under the Pepsu law or the Punjab law after the 20th day of July, 1958; and(b)the permissible area under this Act, except a bona fide transfer, [or disposition] after the appointed day,shall affect the right of the State Government under the aforesaid Acts to the surplus area to which it would be entitled but for such transfer [or disposition] [Inserted by Act 17 of 1976.] :Provided that any person who has received an advantage under such transfer [or disposition] of land shall be bound to restore it, or to pay compensation for it, to the person from whom he received it.
(2)The burden of proving the transfer [or disposition] [Inserted by Act 17 of 1976.] to be a bona fide one shall be on the transferor.
(3)If any person transfers [or disposes of] any land after the appointed day in contravention of the provisions of sub-section (1), the land so transferred [or disposed of] [Inserted by Act 17 of 1976.] shall be deemed to be owned or held by that person in calculating the permissible area. The land exceeding the permissible area so calculated shall be the surplus area of the person and in case of the area left with him after such transfer [or disposition of] is equal to the surplus area so calculated, the entire area left with him shall be deemed to be the surplus area. If the area left with him is less than the surplus area so calculated, the entire area left with him shall be deemed to be the surplus area and to the extent of the deficiency in it the land so transferred [or disposed of] shall also be deemed to be the surplus area. If there is more than one transferee, the deficiency of the surplus area shall be made up from each of the transferees in the proposition to the land transferred [or disposed of] to them.