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State of Kerala - Section

Section 82 in Kerala Land Reforms Act, 1963

82. Ceiling area.

- [(1) The ceiling area of land shall be,(a)in the case of an adult unmarried person or a family consisting of a sole surviving member, five standard acres, so however that the ceiling area shall riot be less than six and more than seven arid a half acre in extent;(b)in the case of a family consisting of two or more, but not more than five members, ten standard acres, so however that the ceiling area shall not be less than twelve and more than fifteen acres in extent.(c)in the case of a family consisting of more than five members, ten standard acres increased by one standard acre for each member M excess of five, so however that the ceiling area shall not he less than twelve and more than twenty acres in extent; and(d)in the case of any other person, other than a joint family, ten standard acres, so however that the ceiling are shall not be less than twelve and more than fifteen acres in extent.]
(2)For the purposes of this Chapter, all the lands owned or held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be owned or held by the family.
(3)[ In calculating the extent of land owned or held by a family or an adult unmarried person, the shares of the members of the family or the adult unmarried person, as the case may be, in the lands owned or held.
(a)by one or more of such members jointly with any person or persons other than a member or members of such family or by such adult unmarried person jointly with any other person or persons; or
(b)by a co-operative society or a joint family, shall be taken into account.
Explanation. - For the purposes of this Sub-section, the share of a member of a family or an adult unmarried person in the lands owned or held jointly or by a co-operative society or a joint family shall be deemed to be the extent of land which would be allotted to such member or person had such lands been divided or partitioned, as the case may be, on the date notified under Section 83.
(4)Where, after the commencement of this Act, any class of land specified in Schedule It has been converted into any other class of land specified in that schedule or into a plantation, the extent of land liable to he surrendered by a person owning or holding such land shall he determined without taking into consideration such conversion.] [Substituted by Act No. 25 of 1971.][Provided that nothing contained in this section shall apply to the conversion of dry land into cashew estate.] [Added by Act No. 6 of 2012.]
(5)The lands owned or held by a private !rust or a private institution shall be deemed to be lands owned or held by the person creating the trust or establishing the institution, or, if he is not alive, by his successors-in- interest.
(6)In computing the ceiling area, lands exempted under Section 81 shall be excluded.Explanation I. - For the purposes of this Section, where a person a has two or more legally wedded wives living, the husband, one of the wives named by him for the purpose and their unmarried minor children shall be deemed to be one family; and the other wife or each of the other wives and her unmarried minor children shall be deemed to be a separate family.Explanation II. - For the purposes of this Section, an adult un-married person shall include a divorced husband or divorced wife who has not remarried:Provided that if such divorced husband or divorced wife is the guardian of any unmarried minor child, he or she together with such unmarried child shall be deemed to be a family.