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[Cites 0, Cited by 0] [Section 10] [Entire Act]

State of Telangana - Subsection

Section 10(6) in Telangana Land Reforms (Ceiling on Agricultural Holdings) Act, 1973

(6)Before passing an order under sub-section (3), sub-section (4) or sub-section (5), the Tribunal shall publish the particulars of land proposed to be surrendered or selected, in such manner as may be prescribed and consider the objections, if any, received in pursuance of such publication.Explanation I. - In the case of a surrender of land of a family unit,-
(a)where the extent to be surrendered by each member is agreed upon by or on behalf of all the members of the family unit, the extent surrendered by each such member shall be in accordance with such agreement, so however, that the extent surrendered by any female member of the family unit shall not exceed the extent which she would be liable to surrender in proportion to the total land held by her to the lands held by all the members of the family unit:
[Provided that the Tribunal may, on an application made by any female member, permit the surrender of land by her in excess of such proportionate extent in case an extent equivalent to such excess in terms of standard holding is transferred to her by any male member of the family unit;] [Inserted by Act No.10 of 1977.]
(b)where there is no such agreement, the extent surrendered shall be in proportion to the lands held by each member of the family unit;
(c)where any land is held in the name of any female member of the family unit, it shall be presumed, unless the contrary is proved, that such famale member is the owner of such land.
Explanation II. - Where any person surrenders any land being the whole or part of his share of the land held by. a co-operative society, company or firm, the share of such person in such co-operative society, company or firm, as the case may be, shall, to the extent required for such surrender, be deemed to have been correspondingly reduced.Explanation III. - Where any person required to surrender any land under this Act is a member of a co-operative society, company or firm, he may be required to surrender the land, if any, held by him separately and may then be required to surrender from his share of the land held by the Co-operative society, company or firm only to make up the deficiency.Explanation IV. - Where it is proposed to accept the surrender by any person of his share of the lands held by a joint family, co-operative society, company or firm of which he is a member, the lands so surrendered shall be selected in accordance with any agreement that may be arrived at between such person and the other members of such joint family, co-operative society, company or firm, and where there is no such agreement, the share of such person in the lands so held shall, as far as practicable, be determined prorata with reference to each class of land held by such joint family, co-operative society, company or firm.Explanation V. - In the case of lands covered by proviso (c) to clause (d) of section 3, the Government may, as soon as may be, notify the area in which lands are proposed to be localised as double crop wet lands and any person whose holding falls within such notified area shall be required to surrender, in the first instance only such extent of land as he would be liable to surrender treating it as single crop wet land, and on the localisation of such land as double crop wet he shall, be required to surrender the balance extent which he is liable to surrender; and the provisions of section 17 shall continue to apply until the surrender of such balance extent.Explanation VI. - Where the holding of any person comprises any land falling under sub-clause (i) of clause (v) of section 3, which has, not been supplied with water from the Government source of irrigation upto the specified date, and the ceiling area in respect of such holding has been determined on the basis that such land is a wet land, such person shall be required to, surrender in the first instance only such extent of land as he would have been liable to surrender had such land been treated as dry land, and on the supply of water to such land, he shall be required to surrender the balance extent which he is liable to surrender and the provisions of section 17 shall continue to apply until the surrender of such balance extent.