Section 21

Section 21 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. 85 (54 acres) (2) In computing the holding of a person or family unit consisting of lands of different classes, the relative proportion of the extent of land of each such Class to the extent of a standard holding of the appropriate Class shall be taken into account in the manner prescribed and the a

85 (54 acres) (2) In computing the holding of a person or family unit consisting of lands of different classes, the relative proportion of the extent of land of each such Class to the extent of a standard holding of the appropriate Class shall be taken into account in the manner prescribed and the aggregate of all such proportions shall be deemed to be the holding of the person or the family unit, in relation to the ceiling area.

(3) In computing the holding of an individual who is not a member of a family unit, but is a member of a joint family the share of such an individual in the lands held by the joint family shall be taken into account and aggregated with the lands, if any, held by him separately and for this purpose, such share shall be deemed to be the extent of land which would be allotted to such individual had there been a partition of the lands held by the joint family.

(4) In computing the holdings of the member of a family unit who is also a member of a joint family, the share of such member in the lands held by the joint family shall be taken into account and aggregated with the lands, if any, held by him separately and for this purpose, such share shall be deemed to be the extent of land which would be allotted to such member, had there been a partition of the lands held by the joint family. 1. Substituted by the Act No. 9 of 1974, S.2.

(5) Where an individual or a member of the family unit is a member of a Co-operative society, company or firm the share of such individual or member of a family unit in the land held by such co-operative society, company or firm shall be also included in the holding of the individual or member of the family unit, as the case may be, and for this purpose the share of the land so held shall be deemed to be the extent of the land which would have been allotted to him on a winding up of the co-operative society or company or dissolution of the firm.

(6) Lands owned or held under a private trust shall,- (a) in a case where the trust is revocable by the author of the trust, be deemed to be held by such author or his successor-in-interest; and (b) in other cases, be deemed to be held by the beneficiaries of the trust in proportion to their respective interests in such trust, or the income derived therefrom.

Explanation :- Where a trust is partly private and partly public, this sub-section shall apply only to lands covered by that part of the assets of the trust which is relatable to the private trust. 6. Constitution of Tribunal - (1) The Government may, by notification, constitute as many Tribunals as may be necessary for the purposes of this Act, and shall specify in such notification, the jurisdiction of each such Tribunal.

(2) Each Tribunal constituted under sub-section (1) shall consist of not more than three members, of whom one shall be a person who holds or has held a civil post under the State, not below the rank of a Deputy Collector, or a person who holds or has held or is qualified to hold the post of a District Munsif; and such person shall be the Chairman of the Tribunal.

(3) The Government may, from time to time, likewise reconstitute any Tribunal constituted under sub-section (1) or may at any time abolish such Tribunal.

(4) The quorum to constitute a meeting of the Tribunal and the procedure to be followed by it shall be such as may be prescribed.

(5) No act or proceeding of any such Tribunal shall be deemed to be invalid by reason only of the existence of any vacancy among its members or any defect in the constitution or reconstitution thereof. 7. Special provision in respect of certain transfers, etc., already made - (1) Where on or after the 24th January, 1971 but before the notified date, any person has transferred whether by way of sale, gift, usufructuary mortgage, exchange, settlement, surrender or in any other manner whatsoever, any land held by him or created a trust of any land held by him, then the burden of proving that such transfer or creation of trust has not been effected in anticipation of, and with a view to avoiding or defeating the objects of any law relating to a reduction in the ceiling on agricultural holdings, shall be on such person, and where he has not so proved, such transfer or creation of trust, shall be disregarded for the purpose of the computation of the ceiling area of such person.

(2) Notwithstanding anything in sub-section (1), any alienation made by way of sale, lease for a period exceeding six years, gift, exchange, usufructuary mortgage or otherwise, any partition effected or trust created of a holding or any part thereof, or any such transaction effected in execution of a decree or order of a civil court or of any award or order of any other authority, on or after the 2nd May, 1972 and before the notified date, in contravention of the provisions of the 1[Andhra Pradesh Agricultural Lands (Prohibition of Alienation) Act, 1972 (Act 13 of 1972)] shall be null and void. 1. Repealed under section 30 (2) of this Act.

(3) Where at any time within a period of five years before the notified date, any person has converted any agricultural land held by him into a non-agricultural land, then the land so converted shall be deemed to be agricultural land on the notified date for the purposes of this Act.

(4) Where on or after the 24th January, 1971 but before the notified date,- (a) any declaration of dissolution of marriage has been made by a court on an application made on or after the 24th January, 1971; or (b) any other dissolution of marriage in accordance with any law or custom has taken place, then the land held by each spouse immediately before the date of such dissolution shall, for the purposes of this Act, be deemed to be land held on the notified date by the Family unit of which they were members immediately before such dissolution.

(5) Where on or after the 24th January, 1971, but before the notified date, any person has been given in adoption, then the land held by such person immediately before the date of such adoption shall, for the purposes of this Act, be deemed to be held on the notified date by the family unit of which he was a member immediately before such adoption.

(6) In every case referred to in sub-section (4) or sub-section (5), the computation of the ceiling area shall first be made in respect of the family unit referred to in the said sub-section, and after the surrender of the land held in excess of the ceiling area by such family unit, the remaining land held by such divorced spouse or adopted person, as the case may be, shall be included in the holding of such divorced spouse or adopted person, whether as an individual or as a member of a family unit of which such spouse or person has become a member.

(7) If any question arises,- (a) whether any transfer or creation of a trust effected on or after the 24th January, 1971 had been effected in anticipation of, and with a view to avoiding or defeating the objects of, any law relating to a reduction in the ceiling on agricultural holdings;

(b) whether any alienation made, partition effected or trust created on or after the 2nd May, 1972 is null and void;

(c) whether any conversion of agricultural land into non-agricultural land had taken place within a period of five years before the notified date;

(d) whether any dissolution of a marriage had taken place on or after the 24th January, 1971 (e) whether any person had been given in adoption on or after the 24th January, 1971; such question shall be determined by the Tribunal, after giving an opportunity of being heard to the affected parties, and its decision thereon shall, subject to an appeal and a revision under this Act, be final.

(8) If the Tribunal decides that any transfer, or creation of trust had been effected in anticipation of, and with a view to avoiding or defeating the objects of, any law relating to a reduction in the ceiling on agricultural holdings or that any alienation made or partition effected or trust created is null and void and if as a result of such transfer, alienation or creation of trust, the holding of the person or the family unit, that remains on the notified date does not exceed the extent of land that he or the family unit is liable to surrender, then, the Tribunal shall treat the entire holding thus left over as the extent of land to be surrendered under the provisions of this Act by the person or the family unit, as the case may be :

Provided that the balance of extent of land that remains liable to be surrendered by the person or family unit shall, subject to such rules as may be prescribed, be surrendered by the alienee who is in possession of such holding by virtue of any transaction effected in contravention of the provisions of the Andhra Pradesh Agricultural Lands (Prohibition of Alienation) Act, 1972 (Act 13 of 1972). 8. Declaration of holding - (1) Every person, whose holding on the notified date together with any land transferred by him on or after the 24th January, 1971, whether by way of sale, gift, usufructuary mortgage, exchange, settlement, surrender or in any other manner whatsoever, and any land in respect of which a trust has been created by him on or after the 24th January, 1971, exceeds the specified limit, shall, within thirty days from the notified date or within such extended period as the Government may notify in this behalf, furnish a declaration in respect of his holding together with such land, to the Tribunal within whose jurisdiction the whole or a major part of his holding is situate containing such particulars including those relating to lands held by him in any part of India outside the State, and in such from as may be prescribed.

Explanation I :- Where the land is held or is deemed to be held by a minor, lunatic, an idiot or other person subject to like disability, not being a member of the family unit, the declaration shall be furnished by the guardian, manager or other person in charge of the property of such person; and where the land is held or is deemed to be held by a company, firm, association or other corporate body, the declaration shall be furnished by any person competent to act for such company, firm, association or corporate body in this behalf.

Explanation II :- Where the land is held or is deemed to be held by a family unit, the declaration shall be furnished by a person in management of the property of such family unit and the declaration so furnished shall be binding on all the members of the family unit:

Provided that the Tribunal shall in the event of a dispute as to the declaration furnished by the person in management, give to the other members of the family unit an opportunity of making their representation or of adducing evidence, if any in respect of such declaration and shall consider such representations and evidence before determining the ceiling area under this Act.

Explanation III :- In this sub-section, specified limit means,- (a) in the case of wet land -4.05 hectares (10 acres);

(b) in the case of dry land -10.12 hectares (25 acres); and for the purpose of computing the specified limit in a case where the holding of any person includes both wet land and dry land, one hectare of wet land shall be deemed to be equal to two and half hectares of dry land.

(2) Without prejudice to the provisions of sub-section(1), the Tribunal shall have power to issue notice requiring any person holding land or residing within its jurisdiction who, it has reason to believe, holds or is deemed to hold land in excess of the ceiling area to furnish a declaration of his holding, or that of his family unit, under sub-section (1) within such period as may be specified in the notice not being less than fifteen days from the date of its communication, and such person shall furnish the declaration accordingly.

(3) If any person who is liable to furnish a declaration under sub-section (1) or sub-section (2) fails to furnish the declaration within the specified time, the Tribunal may obtain the necessary information in such manner as may be prescribed. 9. Determination of ceiling area - The Tribunal shall on receipt of the declaration furnished or information obtained under Section 8, publish the same, and make an enquiry, in such manner as may be prescribed, and pass orders determining whether the person holds or is deemed to hold on the notified date an extent of land in excess of the ceiling area and if so, the extent of land so held in excess as on that date.

Explanation: - Save as otherwise provided in this Act, in the case of a family unit, the number of members of the family unit shall be reckoned with reference to the notified date. 1[9-A. Re-opening of cases by the Tribunal - (1) Notwithstanding anything repugnant to the provisions of this Act, in respect of cases where, it is found that orders were passed due to any fraud or misrepresentation or suppression of facts, and where no subsequent orders were passed in appeal or revision, on the same, the Tribunal may, either suo motu or on application or direction of the Collector, Chief Commissioner of land Administration or Government, re- open such cases and pass orders, afresh as if no declaration has been filed under section 8 of the Act:

Provided that, in respect of cases where, it is found that orders were passed due to any fraud or misrepresentation or suppression of facts and where subsequent orders were passed in appeal or revision, confirming such orders the Tribunal may, either suo motu or on application or direction of the Collector, Chief Commissioner of Land Administration or Government, review such cases and pass orders for filing of review petition against the orders in appeal or as the case may be the orders of revision, in the court or the authority, which passed such orders:

Provided further, that no order shall be passed without giving an opportunity of being heard to the parties interested.

(2) The provisions of the Limitation Act, 1963 (Central Act 36 of 1963) shall not apply to initiation of action under sub-section (1).] 10. Surrender of land in certain cases - (1) If the extent of the holding of a person is in excess of the ceiling area, the person shall be liable to surrender the land held in excess.

(2) The Tribunal shall serve on every person, who is liable to surrender the land held in excess of the ceiling area under sub-section (1), a notice specifying therein the extent of land which such person has to surrender and requiring him to file a statement within such period not being less than fifteen days, as it may fix, indicating therein, full particulars of the lands which such person proposes to surrender.

(3) If the person on whom a notice is served under sub-section (2), files the statement referred to in that sub-section within the period fixed therefor, and the Tribunal is satisfied, after making such inquiry as it deems fit, that the proposed surrender of the land is in accordance with the provisions of this Act, it shall pass an order approving the surrender and the said land shall thereupon be deemed to have been surrendered by such person.

(4) If the person on whom a notice is served under sub-section (2) does not file the statement referred to in that sub-section within the period fixed there for or files such statement within the period fixed but does not specify therein the entire extent of land which such person has to surrender, the Tribunal may, after giving an opportunity to the person concerned of being heard, itself select, in the former case the entire extent, and in the latter case, the balance of the extent which such person has to surrender, and pass in order to that effect, and thereupon the said land or balance of land, as the case may be, shall be deemed to have been surrendered by such person. 1. Inserted by the Act No. 17 of 2012, S.2.

(5) (a) Notwithstanding anything in this section, it shall be open to the Tribunal to refuse to accept the surrender of any land- (i) which has been converted into non-agricultural land and has been rendered incapable of being used for purposes of agriculture;

(ii) the surrender of which is not acceptable on account of a dispute as to the title to the land or an encumbrance on the land or on account of the land being in the possession of any person mentioned in 1[XXXX] item (v) of Clause (i) of section 3 or on account of the land proposed to be surrendered becoming in accessible by reason of its severence from the remaining part of the holding; and the Tribunal shall, in every such case, serve a notice on the person concerned requiring him to surrender any other land in lieu thereof; and thereupon the provisions of sub-sections (3) and (4) shall, mutatis mutandis apply to such surrender:

Provided that where land proposed to be surrendered under this section is burdened with a mortgage, the Tribunal may, on an application made by the mortgager with the consent of the mortgagee, by order, transfer such mortgage from the land so proposed to be surrendered to the residuary holding of the mortgager or to any part thereof. de (b) Where the land so surrendered under clause (a) is also not acceptable to the Tribunal, the Tribunal shall, after giving an opportunity to the person concerned of being heard, select any other land in lieu thereof, and thereupon, the said land shall be deemed to have been surrendered by such person.

(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; 2[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;] (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 female 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 1. Omitted by the Act No. 10 of 1977, S.4. 2. Inserted by the Act No. 10 of 1977, S.4. 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 the 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. 11. Vesting of land surrendered - Where any land is surrendered or is deemed to have been surrendered under this Act by an owner the Revenue Divisional Officer may, subject to such rules as may be prescribed, by order take possession or authorise any officer to take possession of such land which shall thereupon vest in the Government free from all encumbrances from the date of such order :

Provided that any claim or liability enforceable against that land immediately before the date of vesting in the Government may be enforced only- (i) against the amount payable under this Act in respect of such land; and (ii) against any other property of the owner; to the same extent to which such claim or liability was enforceable against that land or other property, as the case may be, immediately before the date of vesting.

Explanation :- Nothing in this section shall affect the provisions of any law, custom, usage or agreement relating to right of easements available for any land vesting in the Government under this section over any other land. 12. Reversion and vesting of land surrendered - (1) Where any land is surrendered or is deemed to have been surrendered under this Act by any usufructuary mortgagee or tenant, the possession of such land shall subject to such rules as may be prescribed revert to the owner.

(2) The owner to whom the possession of the land reverts under sub-section (1) from an usufructuary mortgagee shall be liable to pay the mortgage money due to the usufructuary mortgagee in respect of that land with interest at the rate of six per cent per annum from the date of such reversion, and the said land shall continue to be the security for such payment.

(3) The owner to whom the possession of the land reverts under sub-section (1) from a tenant shall be entitled to receive from the tenant rent due for the period ending with the last crop harvested by such tenant.

(4) Where any land is surrendered or is deemed to have been surrendered under this Act 1[XXXX] by any person in possession by virtue of a mortgage by conditional sale or through a part performance of contract for sale or otherwise, the possession of such land shall, subject to such rules as may be prescribed, revert to the owner.

(5) The owner to whom the possession of the land reverts under sub-section (4) shall be liable to discharge the claim enforceable against the land by 1[XXXX] person in possession; and the land surrendered shall, if held as a security, continue to be the security. 2[(5-A) Where any land is surrendered or is deemed to have been surrendered under this Act by any limited owner, the possession of such land shall, subject to such rules as may be prescribed, revert to the person having a vested interest in the remainder and such person shall be liable to discharge the claim enforceable against the land by the limited owner; and the said land shall, if held as a security, continue to be the security.] (6) Notwithstanding anything contained in this section, where any land surrendered by an usufructuary mortgagee or a tenant 3[XXXX] or a person in possession referred to in sub-section (4), is also a land surrendered by the owner, the provisions of section 11 shall apply. 13. Special provision for protected tenants - (1) Where the holding of any owner includes any land held by a protected tenant, the Tribunal shall in the first instance, determine whether such land or part thereof stands transferred to the protected tenant under section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Land Act, 1950 (Act XXI of 1950), and if so, the extent of land so transferred; and such extent of land shall thereupon be excluded from the holding of such owner and included in the holding of such tenant, as if the tenant was the owner of such land for the purposes of this Act.

(2) Subject to the provisions of sub-section (1), the relevant provisions of the Act aforesaid shall apply in the matter of purchase of such land by such protected tenant. 14. Disposal of land vested in Government - (1) The lands vested in the Government under this Act shall be allotted for use as house-sites for agricultural labourers, village artisans or other poor persons owning no houses or house-sites, or transferred to the weaker sections of the people dependent on agriculture for purposes of agriculture or for purposes ancillary thereto, in such manner as may be prescribed:

Provided that as far as may be practicable, not less than one half of the total extent of land so allotted or transferred shall be allotted or transferred to the members of the Scheduled Castes and the Scheduled Tribes and out of the balance, not less than two-thirds shall be allotted or transferred to the members of the backward classes of citizens notified by the Government for purposes of clause (4) of article 15 of the Constitution. . Omitted by the Act No. 10 of 1977, S.5. 2 . Inserted by the Act No. 10 of 197, S.5. 3. Omitted by the Act No. 10 of 1977, S.5. 1[(2) The land allotted to a person for the use of house-site or transferred for agriculture or for the purposes ancillary thereto, shall be assigned free of cost.] (3) 2[XXXX] (4) Any transfer of the land under this section shall be subject to- (i) the condition that the land shall not be alienated by the transferee by way of sale, gift, mortgage, lease or in any manner whatsoever otherwise than by way of mortgage in favour of the Government a bank or a co-operative society, including a land mortgage bank; and (ii) the condition that where the land transferred is an orchard, the transferee shall continue to maintain such land as an orchard; and (iii) such other conditions as may be prescribed.

(5) Any alienation effected or other act done in respect of any land in violation of the conditions specified in sub-section (4) shall be null and void; and the 3[Tahsildar] shall resume the land after giving an opportunity to the persons affected of making a representation in this behalf.

(6) Notwithstanding anything in this section, the Government may- (i) lease out any land vesting in them under this Act for such purposes and on such terms and conditions as may be specified by them; or (ii) reserve such land for any common use or benefit of the community. 4[or, (iii) utilize/sell such lands for infrastructure/industrial development or any such public purpose.] 1 15. Amount payable for lands vested in the Government - The amount payable for any land vested in the Government under this Act, shall be a sum calculated at the rates specified in the Second Schedule and it shall, paid at the option of the Government, either in cash or in bonds or partly in cash and partly in bonds. The bonds shall be issued on such terms and carry such rate of interest as may be prescribed. 16. Claims for the amount payable - The Tribunal shall, after giving the persons known or believed to be interested in the land vested in the Government an opportunity of being heard, determine the amount payable under section 15 and publish a notification containing particulars of the land so vested and the amount payable therefor. Any person having an interest in the said land, may file a claim for the amount due to him from out of the amount payable, within thirty days from the date of publication of the notification and the Tribunal shall after making an inquiry into the validity of the claim, determine the persons who, in its opinion, are entitled to payment from out of the said amount and the amount to which each of them is entitled and subject to such rules as may be prescribed, make payments in accordance with such determination. 17. Prohibition of alienation of holding - (1) No person whose holding, and no member of a family unit, the holding of all the members of which in the aggregate, is in excess of the ceiling area as on the 24th January, 1971 or at any time thereafter, shall on or after the notified date, alienate his holding or any part thereof by way of sale, lease, gift, exchange, settlement, surrender, usnfructuary mortgage or otherwise, or effect a partition thereof, or create a trust or convert an agricultural land into non-agricultural land, until he or the 1 Substituted by the Act No. 3 of 2008, S.2. 2. Omitted by the Act No. 3 of 2008, S.2. . 3 . Substituted by the Act No. 3 of 2008, S.2. 4. Added by Act No.25 of 2008, S.2, and subsequently substituted by Act No. 19 of 2009, S.2. family unit, as the case may be, has furnished a declaration under section 8, and the extent of land, if any, to be surrendered in respect of his holding or that of his family unit has been determined by the Tribunal and an order has been passed by the Revenue Divisional Officer under this Act taking possession of the land in excess of the ceiling area and a notification is published under section 16; and any alienation made or partition effected or trust created in contravention of this section shall be null and void and any conversion so made shall be disregarded.

(2) For the purposes of determining whether any transaction of the nature referred to in sub-section (1) in relation to a land situated in this State, took place on or after the notified date, the date on which the document relating to such transaction was registered shall, notwithstanding anything in section 47 of the Registration Act, 1908 (Central Act 16 of 1908), be deemed to be the date on which the transaction took place, whether such document was registered within or outside the State.

(3) The provisions of sub-section (1) shall apply to any transaction of the nature referred to therein in execution of a decree or order of a civil court or of any award or order of any other authority. 18. Declaration of future acquisitions - 1[(1)] Where on or after the notified date there takes place- (a) any acquisition in any manner whatsoever, unsufructuary e mortgage, or lease of any land; or (b) any marriage or adoption; or O (c) any alteration in the classification of the land; and after such acquisition, unsufructuary mortgage, lease, marriage, adoption or alteration, the total extent of land held by any person or by all the members of any family unit in the aggregate exceeds the ceiling area such person or family unit shall, within a period of sixty days from the date of such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration furnish a declaration of the holding of such person or family unit; and all the relevant provisions of this Act shall apply as if it was a declaration furnished under section 8.

Explanation I :- For the purpose of this section, the number of members of a family unit shall be reckoned with reference to the date of such acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, as the case may be.

Explanation II :- For the purpose of the application of the provisions of sections 9 and 17, the expression 'notified date' shall be construed as the date of acquisition, usufructuary mortgage, lease, marriage, adoption or alteration, as the case may be.

Explanation III :- For the removal of doubts, it is hereby clarified that no declaration under this section need be furnished where the total extent of land held by all the members of a family unit in the aggregate exceeds the ceiling area solely on account of any reduction in the number of members of the family unit.

Explanation IV :- Where a land surrendered by a family unit under this Act is land held by a joint family, it shall be open to the members of the joint family unit and other members of the joint family to partition the land remaining with such joint family after such surrender and if such family unit comes to hold land in excess of the ceiling area solely on account of such partition, such family unit shall not be required to furnish a fresh declaration under this 1. Renumbered as sub-section (1) by Act No. 10 of 1977, S.6. section and the relevant provisions of this Act applicable to a family unit holding land in excess of the ceiling area shall not apply to such family unit. 1[Explantion V - For the removal of doubts it is hereby clarified that when a land held by a limited owner reverts to the person having a vested interest in the remainder by virtue of sub-section (5-A) of section 12 or otherwise, there shall be deemed to be an acquisition of such land by such person for the purposes of this section.] 2[(2) Where any land is acquired or taken on lease by a person solely for a non-agricultural purpose connected with or incidental to an industry, the Government may, after making such enquiry as they may deem fit, by order, exempt, subject to such conditions, if any, as may be specified in the order, such land from the provisions of sub-section (1).

Explanation - For the purposes of this sub-section, the expression "non-agricultural purpose" means a purpose which is not an agricultural purpose or a purpose ancillary thereto, including horticulture; and the expression "industry" means any business, profession, trade, undertaking or manufacture.] 19. Declaration to be furnished before registering officer - (1) Notwithstanding anything in the Registration Act, 1908 (Central Act 16 of 1908) every person presenting before a registering officer appointed under the said Act, for registration on or after the notified date, any document relating to alienation of any land or creation of a trust in respect of any land shall, at the time of such presentation, furnish a declaration in duplicate by the transfer or making the alienation, or creating the trust, to the effect that the holding of the transferor does not exceed the ceiling area, and in a case where such transfer or is a member of a family unit, that the holdings of all the members of such family unit in the aggregate do not exceed the ceiling area.

(2) The declaration mentioned in sub-section (1) shall be in such form and contain such particulars as may be prescribed.

(3) On or after the notified date, no registering officer shall accept for registration, any document relating to the alienation, or the creation of any trust, of any land, if the document is not accompanied by the declaration mentioned in sub-section (1).

(4) The registering officer shall, as soon as may be after the date of registration of the document, forward one copy of the declaration referred to in this section to the Revenue Divisional Officer within whose jurisdiction the holding which is the subject matter of the document or a major part thereof, is situate and on receipt of such copy, the Revenue Divisional Officer may obtain such information as may be necessary for verifying as to the correctness of the statements contained in the declaration.

(5) Every village officer and every officer of the Revenue, Registration and Survey and Settlement Departments of the Government, shall report to the Revenue Divisional Officer any information which they may receive of transactions in respect of any land made in contravention of any of the provisions of this Act and on receipt of such information the Revenue Divisional Officer may verify the correctness of the same.

(6) Where it appears to the Tribunal or the Revenue Divisional Officer, as the case may be, as a result of verification under sub-section (4) or sub-section (5) or in any other manner that a transaction has taken place in contravention of the provisions of this Act it or he shall, after giving an opportunity of making representation to the parties likely to be affected and holding such enquiry as it 1 . Inserted by the Act No. 10 of 1977, S.6. 2 . Inserted by the Act No. 10 of 1977, S.6. or he may consider necessary, by order, determine whether or not the transaction is in contravention of the provisions of this Act; and where any transaction is so determined to be in contravention of the said provisions, it shall be null and void. 20. Appeal - (1) The Government may, by notification, constitute as many Appellate Tribunals as may be necessary for the purposes of this Act, and shall specify in such notification, the jurisdiction of each such Appellate Tribunal.

(2) Each Appellate Tribunal constituted under sub-section (1) shall consist of not more than three members, of whom one shall be a person who holds or has held a civil post under the State, not below the rank of a District Revenue Officer, or a person who holds or has held or is qualified to hold the post of a District Judge, and such person shall be the Chairman of the Tribunal.

(3) An appeal shall lie against an order passed by the Tribunal or the Revenue Divisional Officer to the Appellate Tribunal within thirty days of the date of communication of the order, and the Appellate Tribunal shall pass such orders on the appeal as it deems fit and such order shall, subject to revision under section 21, be final.

(4) The provisions of sub-sections (3), (4) and (5) of section 6 shall apply in relation to an Appellate Tribunal as they apply in relation to the Tribunal with the substitution of references to the Appellate Tribunal for references to the Tribunal.

(5) Where the Government are aggrieved by an order passed by the Tribunal or the Revenue Divisional Officer, they may file an appeal to the Appellate Tribunal against that order.

Section 21, The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (Act 1 of 1973).