HCLH Act 9अध्याय II · Ceiling on Land and Acquisition and Disposal of Surplus Area

धारा 9 · Selection of permissible area and persons required to furnish declaration

(1)

Every person, who on the appointed day or at any time thereafter holds land exceeding the permissible area, shall [within a period of three months from such date as the State Government may, by notification, specify in this behalf] [Substituted by Haryana Act 17 of 1976.] or subsequent acquisition of land, furnish to the prescribed authority a declaration supported by an affidavit giving the particulars of all his land and that of the separate unit in the prescribed form and manner and stating therein his selection of the parcel or parcels of land not exceeding in the aggregate the permissible area which he desires to retain :Provided that in case of a member of the Armed Forces of the Union, [the last date for furnishing the declaration shall be the 31st October, 1976] [Substituted by Haryana Act 47 of 1976 and shall always be deemed to have been substituted.].Explanation I. - Where the person is a member of the family, he shall include in his declaration the particulars of land held by him and also of land, if any, held by other members of the family [and the separate unit.] [Added by Haryana Act 17 of 1976.][Explanation II. - In calculating the extent of land owned or held by a person, the share of such person in the land owned or held by an undivided family, firm or association of individuals, whether incorporated or not, and the land contributed as share capital or otherwise by him to a co-operative society or a company of which he may be a member or shareholder, shall be taken into account.] [Substituted by Haryana Act 17 of 1976.]

(2)

[ Every person making a selection of the permissible area under sub-section (1) may also select land for the separate unit.Explanation. - An adult son, who owns or holds land and is living separately from his parents, shall file the declaration under sub-section (1) and make the selection of permissible area under sub-section (2) separately.] [Substituted by Haryana Act 17 of 1976.]

(3)

In making the selection such person shall include in the first place the land which had been transferred by him after the appointed day in contravention of the provisions of section 8 and in the second place the land mortgaged by him without possession but shall not include any land -

(i)

which is declared surplus;

(ii)

which was under the permissible area of a tenant;

under the Punjab law or the Pepsu law.

(4)

The declaration under sub-section (1) shall be furnished by, -

(a)

in the case of an adult unmarried person, such person;

(b)

in the case of a minor, lunatic, idiot or a person subject to like disability, the guardina, manager or other person in charge of such person or of the property of such person;

(c)

in the case of a family, the husband or in his absence, the wife, or, in the absence of both, the guardian of the minor children;

(d)

in the case of any other person, any person competent to act for such person in this behalf.

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