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URBAN LAND (CEILING AND REGULATION) RULES, 1976

URBAN LAND (CEILING AND REGULATION) RULES, 1976

Preamble - URBAN LAND (CEILING AND REGULATION) RULES, 1976

URBAN LAND (CEILING AND REGULATION) RULES, 1976

PREAMBLE

In exercise of the powers conferred by sub-section(2) of Section 46 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), the Central Government hereby makes the following rules namely:-


Rule 1 - Short title and commencement

(1) These rules may be called the Urban Land (Ceiling and Regulation) Rules, 1976.

(2) They shall come into force on the date of their publication in the Official Gazette.

Note.-The rules came into force, w.e.f. 17th Feb. 1976, the date on which they were published in the Government Gazette.


Rule 2 - Definition

In these rules, unless the context otherwise requires,-

(a) "Act" means the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976);

(b) "Form" means a form as given in the First Schedule;

(c) "Schedule" means a schedule appended to these rules;

(d) "Section" means a section of the Act.


Rule 3 - Statement by persons holding excess lands

Every statement under Section 6 shall be filed within one hundred and twenty, days from the commencement of the Act and such statement shall contain the particulars specified in Form I:

Provided that where any vacant land exempted by clause (iv) of sub-section (1) of Section 19 or sub-section (1) of Section 20 ceases to be so exempted, the statement referred to in sub-section (1) of Section 6 in relation to such vacant land shall be filed within ninety days from the date on which such vacant land ceases to be so exempted.

Explanation.-In this rule, "commencement of the Act" shall have the meaning assigned to the expression "commencement of this Act" in the Explanation to sub-section (1) of Section 6.


Rule 4 - Intimation by person holding vacant lands equal in extent within the jurisdiction of two or more competent authorities

The intimation to be sent to the State Government or the Central Government under sub-section (2) or sub-section (3), as the case may be, of Section 7 shall be in Form II.


Rule 5 - Particulars to be contained in draft statement as regards vacant lands and manner of service of the same

(1) Every draft statement prepared under sub-section (1) of Section 8 shall contain the particulars specified in Form III.

(2)     (a) The draft statement shall be served, together with the notice referred to in sub-section (3) of Section 3, on-

(i) the holder of the vacant lands, and

(ii) all other persons, so far as maybe known, who have, or are likely to have, any claim to, or interest in the ownership or possession or both, of the vacant lands-

by sending the same by registered post addressed to the person concerned--

(i) in the case of the holder of the vacant lands, to his address as given in the statement filed in pursuance of sub-section (1) of Section 6, and

(ii) in the case of other persons at their last known addresses.

(b) Where the draft statement and the notice are returned as refused by the addressee, the same shall be deemed to have been duly served on such person.

(c) Where the efforts to serve the draft statement and the notice, on the holder of the vacant lands or, as the case may be, any other person referred to in clause (a), in the manner specified in that clause is not successful for reasons other than the reason referred to in clause (b), the draft statement and notice shall be served by affixing copies of the same in a conspicuous place in the office of the competent authority and also upon some conspicuous part of the house (if any) in which the holder of the vacant lands or as the case may be, the other person is known to have last resided or carried on business or personally worked for gain.


Rule 6 - Manner of publication of notification giving particulars of vacant lands

The notification under sub-section (1) of Section 10 shall be published for the information of the general public, in addition to the publication to be made in the Official Gazette of the State concerned, also in the following manner, namely:-

(a) by affixing copies of the notification in a conspicuous place in the office of the competent authority; and

(b) by publishing the same in two newspapers having circulation in the locality where the vacant lands are situated:

Provided that at least one of the newspapers in which the notification is published shall be in the language generally spoken by the people in the locality where the vacant lands are situated.


Rule 7 - Time within which competent authority shall dispose of cases under sub-section (9) of Section 11

Every case for determination of the amount to be paid to the person or persons having any interest in any vacant land shall be disposed of by the competent authority within one year from the date on which such vacant land is deemed to have been acquired by the State Government.


Rule 8 - Particulars to be mentioned in statements by persons acquiring vacant lands by inheritance, etc., on or after the commencement of the Act

Every statement under sub-section (1) of Section 15 shall contain the particulars specified in Form N.


Rule 9 - Particulars to be mentioned in statements under sub-section (1) of Section 16

Every statement under sub-section (1) of Section 16 shall contain the particulars specified in Form I.


Rule 10 - Times during which the competent authority or any person acting under the orders of such authority may enter upon any vacant land under Section 17

The competent authority or any person acting under the orders of the competent authority may enter upon any vacant land or any other land on which there is a building for the purposes referred to in the section between sunrise and sunset.


Rule 11 - The time within which, and form in which, declaration under sub-section (1) of Section 21 shall be made

Every declaration under sub-section (1) of Section 21 by a person holding vacant land shall be made within ninety days from the commencement of the Act and shall be in Form V:

Provided that-

(a) where, on or after the commencement of the Act, any person acquires any vacant land in the manner provided in sub-section (1) of Section 15, and on such acquisition, the extent of the land so acquired together with the extent of the vacant land, if any, already held by him exceeds in the aggregate the ceiling a, it then, the time within which such person may file the declaration referred to under sub-section (1) of Section 21 shall be ninety days from the date on which he acquires such vacant land in the manner aforesaid;

(b) where any vacant land held by any person and exempted by clause (iv) of sub-section (1) of Section 19 or sub-section (1) of Section 20 ceases to be so exempted and as a consequence thereof the extent of such land, together with the extent of the vacant land, if any, already held by him, exceeds in the aggregate the ceiling limit, then the time witi.. which such person may file the declaration referred to under sub-section (1) of Section 21 shall be ninety days from the date on which such vacant lard ceases to be so exempted.


Rule 12 - Particulars in a statement under sub-section (1) of Section 22

Every statement under sub-section (1) of Section 22 shall contain the particulars specified in Form VI.


Rule 13 - Form of and particulars in an application under sub-section (1) of Section 24

Every application under sub-section (1) of Section 24 shall be made in Form VII and shall contain the particulars specified therein.


Rule 14 - Form of application under sub-section (2) of Section 27

Every application under sub-section (2) of Section 27 shall be in Form VIII.


Rule 15 - Supply of certified copies

The competent authority may supply a party to any proceeding before it with certified copies of any document in relation to, or produced, in that proceeding on an application made therefor and on payment of such fees as are specified in the Second Schedule in relation to that application.


Rule 16 - Court fees

Every application, appeal or other proceeding under the Act, mentioned in the Second Schedule shall bear court-fee stamps of the value specified against each such application, appeal or other proceeding in Column 3 of the said Schedule.


Schedule I - THE FIRST SCHEDULE

THE FIRST SCHEDULE

Form I

Form II

Form III

Form IV

Form V

Form VII

Form VIII


Schedule II - THE SECOND SCHEDULE

THE SECOND SCHEDULE

Court fee stamp, which applications, appeals and other proceedings under the Act should bear

(see rule 16)

Provisions under which the applicable appeal or other proceeding is filed

Description of the application appeal or other proceeding

Proper fee

1

2

3

Section 12(4)

Appeal to the Tribunal against an order of the competent authority under Section II.

Rs. 25

Section 19(1)

An application for exemption of vacant land under clause (iv), (vi) and (x) of sub section (1) of Section 19.

Rs. 10

Section 20

Application for exemption of vacant land.

Rs. 10

Section 21(1)

Declaration by a person holding excess vacant land that such land is to be utilised for construction of dwelling units for the accommodation of the weaker sections of the society to enable such person to be permitted to continue to hold such land.

Rs. 10

Section 23(1)

Application for allotment of vacant land in excess of the ceiling limits for industry etc.

Rs. 10

Section 24(1)

Application for assignment of vacant land.

Rs. 10

Section 27(1)

Application for permission to transfer urban property.

Rs. 10

Section 30(2)

Appeal to the Tribunal against an order for demolition.

Rs. 25

Section 33

Appeal against any order of the competent authority, not being an order under Section or Section 30(1).

Rs. 25

Rule 15

Application for copy of any document.

Re. 1