Section 164

Section 164 of Tlr&lr Act. 1960. On and form the 24th January, 1971 no person shall, whether as a raiyat or as an under raiyat or as a mortgage in possession or otherwise or partly in one capacity and partly another, hold in the aggregate any land in excess of the ceiling limit applicable to him under Section 164A.

On and form the 24th January, 1971 no person shall, whether as a raiyat or as an under raiyat or as a mortgage in possession or otherwise or partly in one capacity and partly another, hold in the aggregate any land in excess of the ceiling limit applicable to him under Section 164A. Ceilings on holdings 1[164A.

(1) The ceiling limit shall be --- Ceiling limit (a) in the case of an adult unmarried person, two standard hectares;

(b) in the case of a person who is the sole surviving member of a family, two standard hectares;

(c) in the case of a person having a family consisting of two or more but not more than five members, four standard hectares;

(d) in the case of a person having a family consisting of more than five members, four standard hectares plus 0.60 standard hectare for each member in excess of five so, however, that the total ceiling limit for such a person shall not in any case exceed 7.20 standard hectares.

(2) Notwithstanding anything contained in sub-section (1), where in the family of a person there are more members than one, owing land, the ceiling limit for that person together with the ceiling limit of all the members of the family, shall not in any case exceed --- (a) where the number of members of such family does not exceed five, four standard hectares;

(b) where such member exceeds five, four standard hectares plus 0.60 standard hectares for each member in excess of five so, however, that the aggregate of the ceiling limit shall not in any case exceed 7.20 standard hectares.

(3) For the purpose of sub-section (2), all the lands owned individually by the members of the family or jointly by some or all of the members of the family shall be deemed to be owned by the members in the family.

(4) In determining the extent of land owned by a person having a family or the sole surviving member of a family or an adult unmarried person, the share of such person or sole surviving member or such adult unmarried person, as the case may be, in the lands owned by a cooperative society, company, co-operative farming society, a Hindu undivided family or a firm shall be taken into account.

Explanation .- For the purposes of this sub-section, the share of a person having a family or the sole surviving member of a family or an adult unmarried person in the lands owned by a co-operative society, company, co-operative farming society, a Hindu undivided family or a farm shall be deemed to be the extent of land which could be allotted to him, had such lands divided or partitioned, as the case may be. 1. Amended by the Third Amendment Act, 1975.

(5) The lands owned by a trust or endowment, other than a public nature, shall be deemed to be lands owned by the beneficiaries under the trust or endowment and each such beneficiary shall be deemed to be a person holding land under this Act to the extent of the share of his beneficial interest in the said trust or endowment.

(6) The ceiling limit for a co-operative society, company, co-operative farming society, a Hindu undivided family or a firm, as the case may be, shall not exceed the sum total of the ceiling limits of each member of such co-operative society, company, co-operative farming society, a Hindu undivided family or each partner of such firm.

Explanation .- For the purpose of determining the ceiling limit of each member referred to in this sub-section, any land held separately by a person who is a member of a cooperative society, company, co-operative farming society or a Hindu undivided family or a partner of a firm shall be deducted from the ceiling limit referred to in sub-sections (1) to (5) so that the sum total of the area of land held by such person whether as such member or partner or individually or as a member of a family may not in any case exceed the ceiling limit applicable to him under these sub-sections. Submission of returns 1[165. Every person who on the 24th January, 1971 holds land in excess of the ceiling limit shall submit to the competent authority in the prescribed form and within such period as the State Government may, by notification in the Official Gazette appoint, a return giving the particulars of all lands held by him and indicating therein the parcels of land not exceeding the ceiling limit which he desires to retain. Penalty for non sub-mission of returns

Section 164, Tlr&lr Act. 1960 (Act 43 of 1960).