The proviso to Section 7 (5) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act, 1977 is an exception to the generality of Section 7 (5) and has no wider sweep or application. The proviso operates only to restrict the operation of the substantive provision to which it is a rider.

( 1 ) THIS case raises an interesting question regarding applicability of the proviso to Section 7 (5) of the Andhra pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act 1977 (Act no. X of 1977) (hereinafter referred to as the amendment Act ) to restoration of surplus land vested in the Government under the unamended Principal compensation in respect

( 2 ) ACCORDING to explanation 1 (a) to section 10 of the Act, a female member of the family unit cannot be required to surrender anything in excess of her proportionate share. There have, however, been persistent representations for removing the above restriction and for leaving the choice of the lands to be surrendered to the members of the family. It is, therefore, proposed to amend the above provision of the Act suitably to permit surrenders in excess of the proportionate share by the female members. 3. According to Section 3 of the Act, the expression owner has been defined so as to include a person entitled to a vested remainder. Hence, lands to which a person is entitled as a vested remainder are to be clubbed with the lands which he may separately own and both together will comprise his holding. It has been represented that this provision works hardship in cases where the limited owner is not a surplus holder consequent on his own holding and the land to which he is entitled as a vested remainder being aggregated together. It is, therefore, proposed to amend the definition of the term owner in the Act so us to exclude a reference to a person entitled to vested remainder . 4. It is also proposed to amend Section 18 of the Act in order to exempt the lands which are acquired or taken on lease by industries solely for non-agricultural purposes, as such difficulty is being felt by industries in acquiring agricultural land specifically for non-agricultural purposes such as for construction of factory buildings, et cetera. 5. The Bill seeks to give effect to the above proposals. ""7. Special Provisions for cases affected by the provisions of the Principal Act as amended by this Act :- Notwithstanding anything in the Principal Act, (1) Where, in any case to which the provisions of the Principal Act as amended by this Act are applicable, the tribunal has determined under Section 9 of the Principal Act, the extent of land in excess of the ceiling area (hereafter in this section referred to as "the excess land") before the date on which assent of the president to this Act is first published in the Andhra Pradesh Gazette (hereafter in this Section referred to as "the said date") to a proceeding in respect thereof under section 10 of the Principal Act is pending before the tribunal on the said date, the tribunal may, suo motu and shall, on an application made in this behalf by any person affected, determine the excess land under Section 9 of the Principal Act afresh, or approve a surrender of the excess land by the person concerned afresh, or as the case may be, select the land to be surrendered, under Section 10 of the Principal Act afresh, in accordance with the provisions of the Principal Act as amended by this Act. (2) Where any proceeding which is affected by the provisions of the principal Act as amended by this Act is pending before the appellate tribunal or the High Court on the said date, the appellate tribunal or the High Court may, suo motu, and shall, on an application made in this behalf by the person affected, remand the case relating to such proceeding to the tribunal, for fresh determination of excess land; or for approval of fresh surrenders of excess land, or as the case may be, for fresh selection of the land to be surrendered, in accordance with the provisions of the principal Act as amended by this Act; (3) In any case not provided in clauses (1) and (2) of this section any person, to whom the provisions of the Principal Act as amended by this Act applicable, may within sixty days from the said date file an application before