Section 17 in The Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973
17. Restriction on future acquisition.
(1)On and from the commencement of this Act, it shall not be lawful for any person to acquire by purchase, gift, mortgage, assignment, lease, surrender, devolution, bequest or otherwise any land so as to affect an increase to the extent of his holding over the ceiling area applicable to him.(2)Notwithstanding anything contained in any law for the tie being in force, no document relating to any transfer of land either by way of sale, gift, mortgage, exchange, surrender or otherwise shall be registered by any registering officer appointed under the Indian Registration Act, 1908 (Central Act 16 of 1908), unless-(a)the transferor makes a declaration in writing on such form as maybe prescribed and files it before such officer that the land intended to be transferred has not been declared surplus [and and may not be declared to be in excess of the ceiling area applicable to him 1fand, in case the transfer relates to land mentioned in clause (d) and clause (e) of sub-section (1) of section 22, produces, at the time of registration of the document, a copy of a certificate which will, on an application being made by him in the prescribed manner, be obtained from the authorised officer to the effect that there is no objection to the said documents being registered and which will be subject to the final statement prepared under section 13] [Inserted by Rajasthan Act No. 1 of 1997.]; and(b)the transferee makes a declaration in writing in such form as may be prescribed and files it before such officer disclosing the area of the land already held by him and that the land already held by him together with the land to be transferred to him will not exceed the ceiling area applicable to him.(3)If on or after the commencement of this Act any person acquires land by any of the methods mentioned in sub-section (1) which affects an increase in the extent of his holding over the ceiling area applicable to him, he shall within sixty days of such acquisition furnish a return to the authorised officer in accordance with section 10.(4)The provisions contained in sections 4 to 16 shall, so far as may be apply in relation to the land referred to in sub-section (3).(5)[ Nothing in sub-sections (1) to (4) shall apply to a person who acquires, with the prior approval of the State Government or any other authority appointed by it in this behalf, any land in excess of the ceiling area applicable to him, to be used for any of the prescribed non-agricultural purposes:Provided that such person shall have to -(i)apply for conversion of the land for the proposed non-agricultural use within one year from the date of such acquisition; and(ii)commence the proposed non-agricultural use of the land within a period of three years from the date of conversion of the land for the proposed non-agricultural purpose.(6)Nothing in sub-sections (1) to (4) shall apply to a person who has acquired, before the coming into force of the Rajasthan Imposition of Ceiling on Agricultural Holdings (Amendment) Act, 2010 (Act No. ........ of 2010), land in excess of the ceiling area applicable to him, if such person applies to the State Government, within one year of the coming into force of the aforesaid Act, for conversion of the land for the prescribed non-agricultural purpose and commences the proposed non-agricultural use of the land within a period of three years from the date of conversion of the land for the proposed non-agricultural purpose.(7)If the person referred to in sub-section (5) or sub-section (6) contravenes the provisions of the sub-section (5) or sub-section (6), as the case may be, or the conditions, if any, specified in the approval granted under sub-section (5), the approval shall be deemed to have been withdrawn, and the order of conversion of land for agricultural use, if any, shall be deemed to have been cancelled and the provisions of sub-sections (1), (3) and (4) shall apply to him mutatis mutandis as if he had acquired the land on the date of such contravention.Explanation. - The question as to whether the contravention as referred to in this sub-section has been committed or not shall be heard and decided by the State Government whose decision thereon shall be final.] [Added by Rajasthan Act No. 37 of 2012, dated 16.11.2012.]
