HARYANA
CEILING ON LAND HOLDINGS (SECOND AMENDMENT) ACT, 1976 THE HARYANA CEILING ON LAND HOLDINGS (SECOND
AMENDMENT) ACT, 1976 [Act No. 40 of 1976] [14th August, 1976] An Act to amend the Haryana Ceiling on Land Holdings Act, 1972. Be it
enacted by the Legislature of the State of Haryana in the Twenty-seventh year
of the Republic of India as follows:-- This
Act may be called the Haryana Ceiling on Land Holdings (Second Amendment) Act,
1976. In
sub-section (1) of section 12 of the Haryana Ceiling on Land Holdings Act, 1972
(hereinafter referred to as the principal Act), for the words "on the date
on which possession thereof is taken by or on behalf of the State Government,
be deemed to have been acquired by the State Government for a public purpose on
payment of amount hereafter provided", the words "from the date on
which it is declared as such shall be deemed to have been acquired by the State
Government for a public purpose" shall be substituted. In
section 15 of the principal Act,-- (i)
in sub-section (2),-- (a)
for the words "land not exceeding two
hectares of land under assured irrigation", the words, brackets, letter
and figures "land measuring less than two hectares of the category
specified in clause (c) of sub-section (1) of section 4" shall be
substituted; (b)
for the first proviso, the following proviso
shall be substituted, namely:-- "Provided
that-- (i)
a tenant holding land declared as the
tenant's permissible area under the Punjab law or the Pepsu law, as the case
may be, may be allotted land to the extent of the area held by him or the
permissible area under this Act, whichever is less; (ii)
a tenant who was allotted and given
possession of land in the surplus area by the State Government under the Punjab
law or the Pepsu law, may be allotted land to the extent of the area so
allotted to him; (iii) a tenant liable to ejectment as a result of an ejectment
order or decree passed against him under clause (i) of sub-section (1) of
section 9 of the Punjab law or sub-section (1) of section 7A of the Pepsu law,
may be allotted land to the extent of the area mentioned in section 9A of the
Punjab law or section 7A of the Pepsu law, as the case may be; (iv)
a tenant, settled on the surplus area by the
landowner before Kharif, 1968, who is not? (a)
landowner's relation of the category
specified in clause (9) of section 2 of the Punjab law or the rules made
thereunder; or (b)
the landowner's relative of the category
specified in the rule made under sub-clause (ii) of clause (g) of section 2
read with section 52 of the Pepsu law; or (c)
the landowner's relation of the category
specified in the rule made under clause (s) of section 3 read with section 31
of this Act. may be
allotted land to the extent of two hectares of the category specified in clause
(c) of sub-section (1) of section 4 or land of equivalent value subject to the
condition that the land so allotted and the land held by him, if any, do not
exceed two hectares of land of the category specified in clause (c) of
sub-section (1) of section 4 or land of equivalent value; and (v)
a person from any other eligible category may
be allotted land to the extent of two hectares of the category specified in
clause (c) of sub-section (1) of section 4 or land of equivalent value subject
to the condition that the land so allotted and the land held by him, if any, do
not exceed two hectares of land of the category specified in clause (c) of
sub-section (1) of section 4 or land of equivalent value;"; (ii)
after sub-section (6), the following
sub-section shall be inserted namely:-- "(7)
Notwithstanding anything contained in section 21, a person who secures an
allotment by furnishing information which is false or which he knows or has
reason to believe to be false or which he does not believe to be true and who
is or has at any time been in possession of any surplus area to which he is or
was not entitled under the law shall, for the period for which the surplus area
remains or has remained in his possession, be charged a licence fee equal to
thirty times the land holdings tax recoverable in respect of this area.". In
section 16 of the principal Act,-- (a)
after sub-section (1), the following
sub-section shall be inserted, namely:-- "(1A)
Notwithstanding anything contained in sub-section (1), a person who, under
section 9, fails to furnish a declaration or furnishes a declaration containing
information which is false or which he knows or has reason to believe to be
false or which he does not believe to be true, shall be paid for the land for
which no declaration is furnished or declaration furnished contains information
which is false or which he knows or has reason to believe to be false or which
he does not believe to be true, an amount calculated at half the rates shown in
the table referred to in sub-section (1)."; (b)
in sub-section (5), for the word
"Collector", the words "prescribed authority" shall be
substituted. In section
18 of the principal Act,-- (a)
in sub-sections (1) and (2), for the words
"thirty days" wherever occurring, the words "fifteen days"
shall be substituted; (b)
sub-section (3) shall be omitted; (c)
in sub-section (4), for the words "sixty
days", the words "thirty days" shall be substituted; (d)
sub-section (5) shall be omitted; and (e)
after sub-section (6), the following
sub-sections shall be inserted, namely:-- "(7)
No appeal under sub-section (1) or sub-section (2) or revision under
sub-section (4) shall be entertained unless the appellant or the petitioner, as
the case may be, has deposited with the appellate or revisional authority a sum
equal to thirty times the land holdings tax payable in respect of the disputed
surplus area. (8)
Notwithstanding anything contained in section 21, a person who files an appeal
or a revision against the order declaring his land as surplus area and the
appeal or revision filed by him fails, shall be liable to pay, for the period
he is or has at any time been in possession of the land declared surplus to
which he is or was not entitled under the law, a licence fee equal to thirty
times the land holdings tax, recoverable in respect of this area.". After
section 20 of the principal Act, the following section shall be inserted,
namely:-- "20A.
Bar of appearance of legal practitioner.-- In any
proceedings before an officer or authority except those before the Financial
Commissioner under sub-section (6) of section 18, any party may be represented
by an agent duly authorised in writing but not by a legal practitioner.". For
sub-section (2) of section 21 of the principal Act, the following sub-sections
shall be substituted, namely:-- "(2)
If any person secures an allotment by furnishing information which is false or
which he knows or has reason to believe to be false or which he does not
believe to be true, he shall be punished with imprisonment which may extend to
two years, or with fine which may extend to two thousand rupees, or with both. (3) No
court shall take cognizance of an offence punishable under sub-section (1) or
sub-section (2) except on a complaint made by the prescribed authority.". (1)
The Havana Ceiling on Land Holdings (Second
Amendment) Ordinance, 1976 (Haryana Ordinance No. 7 of 1976), is hereby
repealed. (2)
Notwithstanding such repeal, anything done or
any action taken under the principal Act as amended by the said Ordinance shall
be deemed to have been done or taken under the principal Act as amended by this
Act as if this Act had come into force on the 5th day of May, 1976.
Preamble - HARYANA CEILING ON LAND HOLDINGS
(SECOND AMENDMENT) ACT, 1976PREAMBLE