UTTAR
PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS (AMENDMENT) ACT, 1972 THE UTTAR PRADESH IMPOSITION OF CEILING ON LAND
HOLDINGS (AMENDMENT) ACT, 1972 [Act no. 18 of 1973] [05th June, 1973] An Act further to amend the Uttar Pradesh
Imposition of Ceiling on Land Holdings Act, 1960 It
is hereby enacted in the Twenty-third Year of the Republic of India as
follows:-- This
Act may be called the Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972. It
is hereby declared that this Act is for giving effect to the policy of the
State towards securing the principles specified in clauses (b) and (c) of
article 39 of the Constitution. For
sections 3, 4, 5, 6, 7 and 8 of the Uttar Pradesh Imposition of Ceiling on Land
Holdings Act, 1960, hereinafter referred to as the principal Act, the following
sections shall be substituted, namely:-- "3.
Substitution of new sections for sections 3, 4, 5, 6, 7 and 8 of U.P. Act I of
1961 In
this Act, unless the context otherwise requires-- (1) 'banking company' has the same meaning as in Uttar
Pradesh Public Moneys (Recovery of Dues) Act, 1972 (2) 'ceiling area' means the area of land, not being
land exempted under this Act, determined as such in accordance with the
provisions of section 5; (3) 'company', 'Government company' and 'public
company' have the same meanings as in the Companies Act, 1956; (4) 'co-operative society' means a co-operative society
registered under the Uttar Pradesh Co-operative Societies Act, 1965; (5) 'corporation' has the same meaning as in Uttar
Pradesh Public Moneys (Recovery of Dues) Act, 1972; (6) 'degree or post-graduate college' means such
college as is an affiliated, associated or constituent college in relation to a
University; (7) 'family', in relation to a tenure-holder, means
himself or herself and his wife or her husband, as the case may be (other than
a Judicially separated wife or husband), minor sons and minor daughters (other
than married daughters); (8) 'grove land' means any specific piece of land in a
holding having trees (not including papaya, banana or vine plants) planted
thereon before January 24, 1971, in such numbers that they Preclude, or when
full grown will preclude, the land or any considerable portion thereof from
being used primarily for any other purpose, and the trees on such land
constitute a grove; (9) 'holding' means the land or lands held by a person
as a bhumidhar sirdar, asami of Gaon Sabha or an asami mentioned in section 11
of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or as a
tenant under the U.P. Tenancy Act, 1939, other than a sub-tenant, or as a
Government lessee, or as a sub-lessee of a Government lessee, where the period
of the sub-lease is co-extensive with the period of the lease; (10) 'intermediate college' means a college recognized
as such by the Board of High School and Intermediate Education, Uttar Pradesh; (11) 'irrigated land' means land which is determined in
the manner prescribed to be capable of growing at least two crops in an
agricultural year in consequence of assured irrigation from any State
irrigation work or private irrigation work; (12) 'prescribed' means prescribed by rules made under
this Act; (13) 'prescribed authority' means such officer not below
the rank of an Assistant Collector of the first class as may be empowered by
the State Government, by notification in the Gazette, to perform the functions
of prescribed authority under this Act for such area or areas as may be
specified in that behalf; (14) 'private irrigation work' means a private
tube-well, or a private lift irrigation work operated by diesel or electric
power for the supply of water from a perennial water source, completed before
August 15, 1972; (15) 'state irrigation work' means a canal as defined in
the Northern India Canal and Drainage Act, 1873, or a State Tube-well as
defined in the United Provinces State Tube-wells Act, 1936 or lift irrigation
work constructed, maintained or controlled by the State Government and operated
by diesel or electric power for the supply of water from any perennial water
source; (16) 'surplus land' means land held by a tenure-holder
in excess of the ceiling area applicable to him, and includes any buildings,
wells and trees existing thereon; (17) 'tenure-holder' means a person who is the holder of
a holding, but does not include (a) a woman whose husband is a tenure-holder; (b) a minor child whose father or mother is a tenure-holder. (18) 'unirrigated land' means any land other than
irrigated land or grove land; (19) 'University' means a University established by law; (20) 'usar land' means land determined to be usar in
such manner as may be prescribed; and (21) the words and expressions not defined in this Act,
but used in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950,
shall have the meanings assigned to them in that Act; (22) Determination of area for purposes of ceiling and
exemptions For purposes of determining the ceiling area under
section 5 or any exemption under section 6-- (a) subject to the provisions of clause (ii), one and
one-half hectares of unirrigated land or two and a half hectares of grove-land
or two and a half hectares of usar land shall count as one hectare of irrigated
land; (b) two and a half hectares of any unirrigated land, in
the following areas, namely (c) Bundelkhand; (d) trans-Jamuna portions of Allahabad, Etawah, Mathura
and Agra districts; (e) cis-Jamuna portions of Allahabad, Fatehpur, Kanpur,
Etawah, Mathura and Agra districts up to 16 kilometres from the deep stream of
the Jamuna; (f) the portion of Mirzapur district south of Kaimur
Range; (g) Tappa Upraudh and Tappa Chaurasi (Balai Pahar) of
Tahsil Sadar in Mirzapur district; (h) the portion of Tahsil Robertsganj, in Mirzapur
district which lies north of Kaimur Range; (i) Pargana Sakteshgarh and the villages mentioned in
lists 'A' and 'B' of Schedule VI to the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950, in hilly patties of Parganas Ahraura and Bhagat of
Tahsil Chunar in Mirzapur district; and (j) the area comprised in the former Taluka of Naugarh
or Tahsil Chakia in Varanasi district; (k) hilly and Bhabar areas of Kumaun and Garhwal
Divisions and Jaunsar Bawar Pargana of Dehra Dun district; shall count as one hectare of irrigated land. (23) ?Imposition
of ceiling (24) On and from the commencement of the Uttar Pradesh
Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, no tenure-holder
shall be entitled to hold in the aggregate, throughout Uttar Pradesh, any land
in excess of the ceiling area applicable to him. (25) Nothing in sub-section (1) shall apply to land held
by the following classes of persons, namely: (a) the Central Government, the State Government or any
local authority or a Government Company or a Corporation; (b) a University; (c) a post-graduate college; (d) a banking company or a co-operative bank or a
co-operative land development bank; (e) the Bhoodan Yagna Committee constituted under the
U.P. Bhoodan Yagna Act, 1952. (26) ?Subject to
the provisions of sub-sections (4), (5) and (6), the ceiling area for purposes
of sub-section (1) shall be (a) in the case of a tenure-holder having a family of
not more than five members, 7.30 hectares of irrigated land (including land
held by other members of his family), plus two additional hectares of irrigated
land or such additional land which together with the land held by him
aggregates to two hectares, for each of his adult sons, who are either not
themselves tenure-holders or who hold less than two hectares of irrigated land,
subject to a maximum of six hectares of such additional land; (b) in the case of a tenure-holder having a family of
more than five members, 7.30 hectares of irrigated land (including land held by
other members of his family), besides, each of the members exceeding five and
for each of his adult sons who are not themselves tenure-holders or who hold
less than two hectares of irrigated land, two additional hectares of irrigated
land or such additional land which together with the land held by such adult
son aggregates to two hectares, subject to a maximum of six hectares of such
additional land. Explanation--The
expression 'adult son' in clauses (a) and (b) includes an adult son who is dead
and has left surviving behind him minor sons or minor daughters (other than
married daughters) who are not themselves tenure-holders or who hold land less
than two hectares of irrigated land; (c) in the case of a tenure-holder being a degree
college imparting education in agriculture, 20 hectares of irrigated land; (d) ?in the case
of a tenure-holder being an intermediate college imparting education in
agriculture, 12 hectares of irrigated land; (e) ?in the case
of any other tenure-holder, 7.30 hectares of irrigated land. Explanation--Any
transfer or partition of land which is liable to be ignored under sub-sections
(6) and (7) shall be ignored also-- (f) for purposes of determining whether an adult son of
a tenure-holder is himself a tenure-holder within the meaning of clause (a); (g) for purposes of service of notice under section 9. (27) Where any holding is held by a firm or co-operative
society or other society or association of persons (whether incorporated or
not, but not including a public company), its members (whether called partners,
share-holders or by any other name) shall, for purposes of this Act, be deemed
to hold that holding in proportion to their respective shares in that firm,
co-operative society or other society or association of persons. (28) In respect of any holding held by any private
trust, (a) where the shares of its beneficiaries in the income
from such trust are known or determinable, the beneficiaries shall, for
purposes of this Act, be deemed to have the shares in that holding in the same
proportions as their respective shares in the income from such trust, (b) in any other case, it shall be governed by clause
(d) of subsection (3). (29) In determining the ceiling area applicable to a
tenure-holder, any transfer of land made after the twenty-fourth day of
January, 1971, which but for the transfer would have been declared surplus land
under this Act, shall be ignored and not taken into account: Provided
that nothing in this sub-section shall apply to-- (a) a transfer in favour of any person (including
Government) referred to in sub-section (2); (b) a transfer proved to the satisfaction of the
prescribed authority to be in good faith and for adequate consideration and
under an irrevocable instrument not being a benami transaction or for the
immediate or deferred benefit of the tenure-holder or other members of his
family. Explanation--The
burden of proving that a case falls within clause (b) of the proviso shall rest
with the party claiming its benefit. (30) In determining the ceiling area applicable to a
tenure-holder, any partition of land made after the twenty-fourth day of
January, 1971, which but for the partition would have been declared surplus
land under this Act shall be ignored and not taken into account: Provided
that nothing in this sub-section shall apply to-- (a) a partition under the Uttar Pradesh Consolidation
of Holdings Act, 1953; (b) a partition of a holding made in a suit or a
proceeding pending on the said date: Provided
further that notwithstanding anything contained in the preceding proviso, the
prescribed authority, if it is of opinion that by collusion between the
tenure-holder and any other party to the partition, such other party has been
given a share which he was not entitled to, or a larger share than he was
entitled to, may ignore such partition. Explanation--The
burden of proving that a case falls within the first proviso shall rest with
the party claiming its benefit. (31) Exemption of certain land from the imposition of
ceiling Notwithstanding anything contained in this Act,
land falling in any of the categories mentioned below shall not be taken into
consideration for the purposes of determining the ceiling area applicable to,
and the surplus land of a tenure-holder, namely? (a) land used for an industrial purpose (that is to
say, for purposes of manufacture, preservation, storage or processing of
goods), and in respect of which a declaration under section 143 of the Uttar
Pradesh Zamindari Abolition and Land Reforms Act, 1950, subsists; (b) land occupied by a residential house; (c) land used as cremation ground or as a grave-yard,
but excluding cultivated land; (d) land used for tea, coffee or rubber plantations,
and to the extent prescribed, land required for purposes ancillary thereto and
for development of such plantations; (e) land held from before January 24, 1971, for
purposes of a stud farm, to the extent prescribed; (f) land held from before the first day of May, 1959,
by or under a public religious or charitable waqfs, trust, endowment, or
institution the income from which is wholly utilized for religious or
charitable purposes, and not being a waqf, trust or endowment of which the
beneficiaries wholly or partly are settlor or members of his family or his
descendants; (g) land held by a Goshala (registered under the Uttar
Pradesh Goshala Adhiniyam, 1964), to the extent prescribed; (h) land let out after the enforcement of this Act to a
Government lessee for reclamation and cultivation or for cultivation of such
specialized crops or for other such purposes as may be prescribed. (32) Bar of suit on basis of certain contracts for
transfer of land No suit shall lie for the specific performance of
any contract for transfer of any land where such transfer is liable to be
ignored under subsection (6) of section 5 (33) Rights of tenure-holder and other members of his
family in land held within ceiling area Where the land held by the wife or minor son or
daughter of a tenure-holder has been aggregated with the land held by the
tenure-holder's family under clause (a) of sub-section (3) of section 5, the
land left with them shall be deemed to be held jointly by them in proportion to
the market value of the land respectively held by them before the declaration
of surplus land under this Act Section
9 of the principal Act, shall be re-numbered as sub-section (1) thereof, and
after sub-section (1) as so re-numbered, the following sub-section shall
be inserted, namely, (2) As soon as may be after the enforcement of the
Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, the
prescribed authority shall, by like general notice, call upon every
tenure-holder holding land in excess of the ceiling area applicable to him on
the enforcement of the said Act, to submit to him within 30 days of publication
of such notice, a statement referred to in sub-section (1). (3) Where the tenure-holder's wife holds any land which
is liable to be aggregated with the land held by the tenure-holder for purposes
of determination of the ceiling area, the tenure-holder shall, along with his
statement referred to in sub-section (1), also file the consent of his wife to
the choice in respect of the plot or plots which they would like to retain as
part of the ceiling area applicable to them and where his wife's consent is not
so obtained, the prescribed authority shall cause the notice under sub-section
(2) of section 10 to be served on her separately." In
section 10 of the principal Act, in sub-section (1), for the words and figures,
"under sections 6 and 7", the words and figure "under section
6" shall be substituted After
section 12 of the principal Act, the following section shall be inserted,
namely-- "12-A.
In determining the surplus land under section 11 or section 12, the prescribed
authority shall, as far as possible, accept the choice indicated by the
tenure-holder to the plot or plots which he and other members of his family if
any, would like to retain as part of the ceiling area applicable to him or them
under the provisions of this Act, whether indicated by him in his statement
under section 9 or in any subsequent proceedings: Provided
that-- (a) the prescribed authority shall have regard to the compactness
of the land to be included in the ceiling area applicable to the tenure-holder; (b) where the tenure-holder's wile holds any land which
is aggregated with the land held by the tenure-holder for purposes of
determination of the ceiling area, and his wife has not consented to the choice
indicated by the tenure-holder as to the plot or plots to be retained as part
of the ceiling area applicable to them, then the prescribed authority shall, as
far as possible, declare the surplus land in such manner that the area taken
out of the land held by the tenure-holder's wife bears to the total surplus
area the same proportion as the area originally held by her bore to the total
land held by the family; (c) where any person holds land in excess of the
ceiling area including any land mortgaged to the State Government or to a
banking company or to a co-operative land development bank or other
co-operative society or to the Corporation or to a Government Company, the
surplus land to be determined shall, as far as possible, be land other than
that so mortgaged; (d) where any person holds land in excess of the
ceiling area including land which is the subject of any transfer or partition
referred to in sub-section (6) or sub-section (7) of section 5, the surplus
land determined shall, as far as possible, be land other than land which is the
subject of such transfer or partition, and if the surplus land includes any
land which is the subject of such transfer or partition, the transfer or
partition shall, in so far as it relates to the land included in the surplus
land, be deemed to be and always to have been void, and (i) it shall be open to the transferee to claim refund
of the proportionate amount of consideration, if any, advanced by him to the
transferor, and such amount shall be charged on the compensation payable to the
transferor under section 17 and also on any land retained by the transferor
within the ceiling area, which shall be liable to be sold in satisfaction of
the charge, notwithstanding anything contained in section 153 of the Uttar
Pradesh Zamindari Abolition and Land Reforms Act, 1950; (ii) any party to the partition (other than the
tenure-holder in respect of whom the surplus land has been determined) whose
land is included in surplus land of the said tenure-holder shall be entitled to
have the partition re-opened." After
section 13 of the principal Act, the following section shall be inserted,
namely:-- "13-A.
Re-determination of surplus land in certain cases. (1) The prescribed authority may, at any time, within a
period of two years from the date of the notification under sub-section (1) of
section 14, rectify any mistake apparent on the face of the record: Provided
that no such rectification which has the effect of increasing the surplus land
shall be made, unless the prescribed authority has given notice to the
tenure-holder of its intention to do so and has given him a reasonable
opportunity of being heard. (2) ?The
provisions of sections 10, 11, 12, 12-A, 13, 14 and 15 shall mutatis mutandis
apply in relation to any proceeding under sub-section (1), and for purposes of
application of section 10, the notice under the proviso to sub-section (1),
shall be deemed to be a notice under section 9." In
section 14 of the principal Act-- (i) in sub-section (2), the following proviso thereto
shall be inserted, at the end, namely: "Provided
that the encumbrances, if any, shall be attached to the compensation payable
under section 17 in substitution for the surplus land." (ii) in sub-section (3), after the words "or a
lessee in possession from the tenure-holder" the words "or a person
interested in any encumbrances referred to in the proviso to sub-section
(2)" shall be inserted; (iii) in sub-section (7), after the words "or a
lessee of the tenure-holder", the words "or a person interested in
any encumbrances referred to in the proviso to sub-section (2)" shall be
inserted. Section
16 of the principal Act shall be omitted. After
section 17 of the principal Act, the following sections shall be inserted,
namely:-- "17-A.
Payment of compensation to waqfs, trusts etc. Notwithstanding
anything in section 17, the following provisions shall apply in respect of
compensation payable to those public religious or charitable waqfs, trusts,
endowments or institutions, a part of the income from which is utilized for
religious or charitable purposes, namely-- (i) the surplus land held by such waqf, trust,
endowment or institution shall be deemed to be divided into two parts in the
same proportions in which its income is utilized respectively for religious or
charitable purposes and for other purposes; (ii) so far that part of the surplus land, the income
from which is utilized for religious or charitable purposes is concerned, an
annuity equivalent to the annual average of the actual net profits during the
five years preceding July 1, 1972, to be determined in the prescribed manner
shall be payable in lieu of the compensation referred to in section 17, and the
provisions of sections 18, 19, 20, 21, 22 and 23, shall mutatis mutandis apply
in relation to the said annuity as they apply to the compensation referred to
in section 17; (iii) in respect of the remaining surplus land, the
compensation shall be payable in accordance with section 17. Explanation--
If any waqf, trust, endowment or institution claims that the provisions of this
section apply to it, the burden of proving the same shall lie on it." "17-B.
Refund of compensation of certain cases (1) Where as a result of any order passed on appeal
under this Act or of any other order of any court or tribunal the possession of
any land transferred to or vested in the State Government under sub-section (2)
of section 14 is required to be restored to any tenure-holder or his
successor-in-interest or any other person, whether before or after the
enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment Act, 1972, the Compensation Officer shall order the tenure-holder to
refund the whole or, as the case may be, the proportionate amount of
compensation paid to him. (2) Any such amount remaining unpaid shall be
recoverable by the State Government as an arrear of land revenue Section
24 of the principal Act shall be omitted (1) In section 27 of the principal Act (i) in sub-section (1), for the words "Gaon
Samaj" wherever they occur, the words "Gaon Sabha" shall be
substituted: (ii) for sub-section (2), the following; sub-section
shall be substituted, namely: (2) The State Government may either settle any surplus
land in accordance with sub-section (1) or sub-section (3) or use or permit its
use in accordance with section 25 or manage or otherwise deal with it in such
manner as it thinks fit."; (i) in sub-section (3) the words "except that the
qualification of residence in the circle specified therein, shall not be
applicable" shall be omitted; (ii) after sub-section (3), the following sub-sections
shall be inserted, namely: (3) the Commissioner may of his own motion and shall,
on the application of any aggrieved person inquire into such settlement and if
he is satisfied that the settlement is irregular, he may after notice to the
person in whose favour such settlement is made to show cause, (i) cancel the settlement and the lease, if any, and
thereupon, notwithstanding anything contained in any other law or in any
instrument, the rights, title and interest of the person in whose favour such
settlement was made or lease executed or any person claiming through him in
such land shall cease, and such land shall revert to the State Government; and (ii) direct that every person holding or retaining
possession thereof may be evicted, and may for that purpose use or cause to be
used such force as may be necessary. (4) every order passed by the Commissioner under
sub-section (4), shall be final; (5) the Commissioner acting of his own motion under
subsection (4) may issue notice, and an application under that subsection may
be made, (a) in the case of any settlement made or lease granted
before the commencement of the. Uttar Pradesh Imposition of Ceiling on Land
Holdings (Amendment) Act, 1972, within one year from the date of such
commencement; and (b) in any other case, within two years from the date
of the order of the Collector directing such settlement. (6) ?the State
Government may, by notification in the Gazette, declare that as from a date to
be specified in this behalf, all surplus land situate in a circle which could
not be settled under the provisions of this Act, shall vest in the Gaon Sabha
concerned, and the provisions of section 117 of the Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950, shall mutatis mutandis apply in relation
to such vesting." In
section 28 of the principal Act, sub-section (2) shall be omitted. For
section 29 of the principal Act, the following section shall be substituted,
namely:-- "29.
Subsequent declaration of further land as surplus land. Where
after the date of enforcement of the Uttar Pradesh Imposition of Ceiling on
Land Holdings (Amendment') Act, 1972,-- (a) any land has come to be held by a tenure-holder
under a decree or order of any court, or as a result of succession or transfer,
or by prescription in consequence of adverse possession, and such land together
with the land already held by him exceeds the ceiling area applicable to him;
or (b) any unirrigated land becomes irrigated land as a
result of irrigation from a State irrigation work, or any grove-land loses its
character as grove-land or any land exempted under this Act ceases to fall
under any of the categories exempted, the
ceiling area shall be liable to be re-determined and accordingly any land held
by him in excess of the ceiling area so re-determined shall be liable to be
treated as surplus land." In
section 30 of the principal Act, in sub-section (1), the words, letters,
figures and brackets "under clause (b) of sub-section (2) of section 4
or" shall be omitted. Section
34 of the principal Act, shall be omitted. In
section 42 of the principal Act,-- (i) in the marginal heading, for the words and figures
"the Indian Limitation Act, 1908", the words and figures "the
Limitation Act, 1963" shall be substituted; (ii) for the words and figures, "sections 5 and 12
of the Indian Limitation Act, 1908", the words and figures "sections
4, 5 and 12 of the Limitation Act, 1963" shall be substituted. In
section 43 of the principal Act, the words, brackets and figures "except
the power to hear an objection under sub-section (3) of section 16" shall
be omitted. (1) All proceedings for the determination of surplus
land under section 9, section 10, section 11, section 12, section 13 or section
30 of the principal Act, pending before any court or authority at the time of
the commencement of this Act, shall abate and the prescribed authority shall
start the proceedings for determination of the ceiling area under that Act
afresh by issue of a notice under sub-section (2) of section 9 of that Act as
inserted by this Act: Provided
that the ceiling area in such cases shall be determined in the following
manner:-- (a) firstly, the ceiling area shall be determined in
accordance with the principal Act, as it stood before its amendment by this
Act; (b) thereafter, the ceiling area shall be re-determined
in accordance with the provisions of the principal Act as amended by this Act. (2) Notwithstanding, anything in sub-section (1), any
proceeding under section 14 or under Chapter III or Chapter IV of the principal
Act, in respect of any tenure-holder in relation to whom the surplus land has
been determined finally before the commencement of this Act, may be continued
and concluded in accordance with the provisions of the principal Act, without
prejudice to the applicability of the provisions of sub-section (2) of section
9 and section 13-A of that Act, as inserted by this Act, in respect of such
land.
Preamble - UTTAR PRADESH IMPOSITION OF
CEILING ON LAND HOLDINGS (AMENDMENT) ACT, 1972PREAMBLE