URBAN LAND (CEILING AND REGULATION)
REPEAL ACT, 1999 THE URBAN
LAND (CEILING AND REGULATION) REPEAL ACT, 1999 [Act, No.
15 of 1999] [18th
March, 1999] An Act to
repeal the Urban Land (Ceiling and Regulation) Act, 1976. BE it enacted by Parliament
in the Fiftieth Year of the Republic of India as follows:-- (1)
This Act may be called the Urban Land (Ceiling and Regulation)
Repeal Act, 1999. (2)
It applies in the first instance to the whole of the States of
Haryana and Punjab and to all the Union territories; and it shall apply to such
other State which adopts this Act by resolution passed in that behalf under
clause (2) of article
252
Preamble 1 - URBAN LAND (CEILING AND REGULATION) REPEAL ACT, 1999PREAMBLE
(3)
It shall be deemed to have come into force in the States of
Haryana and Punjab and in all the Union territories on the 11th day of January,
1999 and in any other State which adopts this Act under clause (2) of article 252 of
the Constitution on the date of such adoption; and the reference to repeal of
the Urban Land (Ceiling and Regulation) Act, 1976 shall, in relation to any
State or Union territory, mean the date on which this Act comes into force in
such State or Union territory.
Section 2 - Repeal of Act 33 of 1976
The Urban Land (Ceiling and
Regulation) Act, 1976 (hereinafter referred to as the principal Act)
is hereby repealed.
Section 3 - Savings
(1)
The repeal of the principal Act shall not affect?
(a)
the vesting of any vacant land under sub-section (3) of section
10, possession of which has been taken over by the State Government or any
person duly authorised by the State Government in this behalf or by the
competent authority;
(b)
the validity of any order granting exemption under sub-section (1)
of section 20 or any action taken thereunder, notwithstanding any judgment of
any court to the contrary;
(c)
any payment made to the State Government as a condition for
granting exemption under sub-section (1) of section 20.
(2)
Where?
(a)
any land is deemed to have vested in the State Government under
sub-section (3) of section 10 of
the principal Act but possession of which has not been taken over by the State
Government or any person duly authorised by the State Government in this behalf
or by the competent authority; and
(b)
any amount has been paid by the State Government with respect to
such land, then, such land shall not be restored unless the amount paid, if any,
has been refunded to the State Government.
Section 4 - Abatement of legal proceedings
All proceedings relating to
any order made or purported to be made under the principal Act pending
immediately before the commencement of this Act, before any court, tribunal or
other authority shall abate:
Provided that this section
shall not apply to the proceedings relating to sections 11, 12, 13 and 14 of
the principal Act in so far as such proceedings are relatable to the land,
possession of which has been taken over by the State Government or any person
duly authorised by the State Government in this behalf or by the competent
authority.
Section 5 - Repeal and saving
(1)
The Urban Land (Ceiling and Regulation) Repeal Ordinance, 1999
(Ord. 5 of 1999) is hereby repealed
(2)
Notwithstanding such repeal, anything done or any action taken
under the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
Statement of Objects and Reasons - URBAN LAND (CEILING AND
REGULATION) REPEAL ACT, 1999
STATEMENT OF OBJECTS AND REASONS
1.
The Urban Land (Ceiling and Regulation) Act, 1976 was passed with
a laudable social objective. The main purpose was to prevent concentration of
urban land in a few hands and to provide affordable housing to the Economically
Weaker Sections. It has on the contrary pushed up land prices, practically
brought the housing industry to a stop and provided opportunities for
corruption. There is a widespread demand for removing this irritant to land
assembly and construction activity. During the implementation of the Urban Land
(Ceiling and Regulation) Act, 1976, there have been a spate of litigations
giving rise to serious hurdles in taking over possession of land, by the State
Governments. Public opinion is nearly unanimous that the Act has failed to
achieve its objectives as expected.
2.
Parliament has no power to repeal or amend the Act unless
resolutions are passed by two or more State Legislatures as required under
clause (2) of article 252. The Legislatures of Haryana and Punjab have passed
resolutions empowering Parliament to repeal the Act in those States. The Act
stands repealed in those States and in the Union territories immediately after
promulgation of the repeal Ordinance and subsequently if State Legislatures
adopt this Repeal Act by resolution, then the Urban Land (Ceiling and
Regulation) Act, 1976 will stand repealed in those States, from the date of its
adoption.
3.
The Urban Land (Ceiling and Regulation) Repeal Bill, 1998 was
examined by the Standing Committee on Urban and Rural Development. The Committee
felt that the land which is yet to be put to use for the original purposes
stated in the Act, under possession of the Government should not be restored to
previous owners as such restoration may lead to avoidable discrimination. The
Committee also suggested that the repeal Bill should contain a provision for
abatement of proceedings in the different courts. Keeping in view the
recommendations of the Committee, this Bill is being introduced to replace the
Urban Land (Ceiling and Regulation) Repeal Ordinance, 1999 (Ord. 5 of 1999)
notified on 11.1.1999 so that the State Governments would be free to have their
own legislation commensurate with their needs and experiences. Till this Act is
repealed, States have no power to legislate on this subject.
4.
The proposed repeal, along with some other incentives and
simplification of administrative procedures, is expected to revive the stagnant
housing industry. The repeal will facilitate construction of dwelling units
both in the public and private sector and help achievement of targets
contemplated under National Agenda for Governance. The repeal will not,
however, affect vesting of any vacant land under sub-section (3) of section 10
of the Urban Land (Ceiling and Regulation) Act, 1976 the possession of which
has been taken over by the State Governments. It will not affect payments made
to the State Governments for exemptions. The exemptions granted under section
20 of the Act will continue to be operative. The amounts paid out by the State
Governments will become refundable before restoration of the land to the former
owners.
5.
The Bill also seeks to facilitate land assembly and a flexible
regime for administering urban land to suit the varying local conditions based
on State level legislations or requirements.