UTTAR
PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS (AMENDMENT) ACT, 1974 THE UTTAR PRADESH IMPOSITION OF CEILING ON LAND
HOLDINGS (AMENDMENT) ACT, 1974 [Act No. 02 of 1975] [14th January, 1975] An Act further to amend the Uttar Pradesh
Imposition of Ceiling on Land Holdings Act, 1960. It
is hereby enacted in the Twenty-fifth Year of the Republic of India as
follows:-- (1) This Act may be/called the Uttar Pradesh Imposition
of Ceiling on Land Holdings (Amendment) Act,' 1974. (2) This section and section 9 shall come into force at
price, and the remaining sections shall be deemed to have come into force on
June 8, 1973. It
is hereby declared that this Act is for giving effect to the policy of the
State towards securing the principles specified in clause (b) and (c) of.
Article 39 of the Constitution.. . In
section 3 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act,
1960, hereinafter referred to as the principal Act-- (a) in clause (11) for the words "in the manner
prescribed", the words and figures "in the manner laid down in
section 4-A" shall be substituted; (b) after clause (11), the following clause shall be
inserted, namely: "(11-A) 'Adult' means a person who has
attained the age of 18 years, and 'Minor' means a person who is not an
adult." (c) in section 3 of the principal Act, in clause (17),
after the word "but", the words and figure "except in Chapter
III" shall be inserted. (d) in clause (18), for the words "irrigated land
or grove-land", the words "irrigated land, grove-land or user
land" shall be substituted. In
section 4 of the principal Act, in clause (ii) -- (a) for the words "two and half hectares of any
unirrigated land", the words "one and one-half hectares of single
crop land or two and a half hectares of any other un-irrigated land",
shall be substituted; (b) at the end the following Explanation shall be
inserted, namely: "Explanation--For
the purposes of clause (ii), the expression 'single crop 'land' means any
un-irrigated land capable of producing Ally one crop in an agricultural year in
consequence of assured irrigation from any State Irrigation Work or private
irrigation work." After
section 4 of the principal Act, the following section shall be inserted,
namely:-- "4-A.
Determination of irrigated land The
prescribed authority shall examine the relevant khasras for the years 1378
Fasli, 1379 Fasli and 1380 Fasli, the latest village map and such other records
as it may consider necessary, and may also make local inspection where it
considers necessary, and thereupon if the prescribed authorty is of opinion:-- firstly,
(a) that, irrigation facility was available for any
land in respect of any crop in any one of the aforesaid years; by-- (i) any canal included in Schedule no. 1 of irrigation
rates notified in notification no. 1579-W/XXIII-62-W-19-16, dated March 31,
1953, as amended from time to time; or (ii) any lift irrigation canal; or (iii) any State tube-well or a private irrigation work;
and (b) that at least two crops were grown in such land in
any one of the aforesaid years; or secondly, that irrigation facility became
available to any land by a State Irrigation Work coming into operation
subsequent to the enforcement of the Uttar Pradesh Imposition of Ceiling on
Land Holdings (Amendment) Act, 1972, and at least two crops were grown in such
land in any agricultural year between the date of such work coming into
operation and the elate of issue of notice under section 10; or thirdly, (a) that any land is situated within the effective
command area of a lift irrigation canal or a State tube-well or a private
irrigation work; and (b) ?that the
class and composition of its soil is such that it is capable of growing at
least two crops in an agricultural year; then
the Prescribed Authority shall determine such land to be irrigated land for the
purposes of this Act. Explanation/--For
the purposes of this section the expression 'effective command area' means an
area, the farthest field whereof in any direction was irrigated-- (c) ?in any of
the years 1378 Fasli, 1379 Fasli and 1380 Fasli; or (d) ?in any
agricultural year referred-to in the clause 'secondly'. Explanation
II--The ownership and location of a private irrigation work shall not be
relevant for the purpose of this section. Explanation
III-Where sugarcane crop was grown on any land in any of the years 1378 Fasli,
1379 Fasli and 1380 Fasli, it shall be deemed that two crops were grown on it in
any of these years, and that the land is capable of growing two crops in an
agricultural year." In
section 5 of the principal Act-- (a) after sub-section (1), the following Explanations
thereto shall be inserted, namely "Explanation
I--In determining the ceiling area applicable to a tenure holder, all land held
by him in his own right, whether in his own name, or ostensibly in the name of
any other person, shall be taken into account. Explanation
II--If a land was originally held by a person who continues to be in its actual
cultivator)' possession and the name of any other person is subsequently
entered in the annual registers either in addition to or to the exclusion of
the former and whether on the basis of a deed of transfer or licence or on the
basis of a decree, it shall be presumed, unless the contrary is proved to the
satisfaction of the prescribed authority, that the first mentioned person
continues to hold the Hand and that it is so held by him ostensibly in the name
of the second mentioned person." (b) in sub-section (2), for clause (c), the following
clause shall be substituted, namely: " (c) an intermediate of degree college
imparting education in agriculture or a post-graduate college; "; (c) ?in
sub-section (3) (i) in the opening paragraph, for the words, figures
and brackets "subject to the provisions of sub-sections (4), (5) and
(6)", the words, figures and brackets. "subject to the provision of
sub-sections (4), (5), (6) and (7) " shall be substituted, (ii) clauses (c) and (d) shall be omitted; (iii) in the Explanation, in clause (h), for the word,
letter and brackets "clause (a) ", the words, letters and brackets
"clause (a) or clause (b) of this sub-section", shall be substituted; (d) in sub-section (4), the following proviso thereto
shall be inserted, namely "Provided
that where a person immediately before his admission to the firm, co-operative
society, or other society or association of persons held no land or an area of
land less than the area proportionate to his aforesaid share then he shall be
deemed to hold no share, or as the case may be, only the lesser area in that
holding, and the entire or the remaining area of the holding, as the case may
be, shall be deemed to be held by the remaining members in proportion to their
respective shares in the firm, co-operative society, or other society or
association of persons." (e) ?in
sub-section (5), in clause (b) for the word, letter and brackets "clause
(d)", the word, letter and brackets "clause (e)" shall be substituted; (f) ?in
sub-section (6), the existing Explanation shall be renumbered as Explanation 11
thereof, and before Explanation II as so numbered, the following Explanation
shall be inserted, namely: "Explanation
I--For the purposes of this sub-section, the expression 'transfer of land made
after the twenty-fourth day of January, 1971', includes-- (a) a declaration of a person as a co-tenure-holder
made after the twenty fourth day of January, 1971, in a suit, inspective of
whether such suit was pending on or was instituted after the twenty-fourth day
of January, 1971; (b) any admission, acknowledgment relinquishment or
declaration in favour of a person to the like effect, made in any other deed or
instrument or in any other manner." (g) in sub-section (7), the existing Explanation shall
be re-numbered as Explanation II thereof, and before Explanation II as so
numbered, the following Explanation shall be inserted, namely "Explanation
I--If a suit is instituted after the said date for declaration that a partition
of land has taken place on or before the said date, then such declaration shall
be ignored and not be taken into account, and it shall be deemed that no
partition has taken place on or before the said date." In
section 6 of the principal Act:-- (a) for clause (g), the following clause shall be
substituted, namely: " (g) land held from before June 8, 1973, by a
Goshala of a public nature, registered under the Uttar Pradesh Goshala
Adhiniyam, 1964 to the extent prescribed;"; (b) ?clause (h)
shall be omitted. In
section 8 of the principal Act, for the word, letter and brackets "clause
(a)", the words, letters and brackets "clause (a) or clause (b)"
shall be substituted. Where
an order determining the surplus land in relation to a tenure-holder has been
made under the principal Act, before the commencement of this Act, the
prescribed authority may, at any time within a period of two years from the
commencement of this Act, re-determine the surplus land in accordance with the
principal Act as amended by this Act.
Preamble - UTTAR PRADESH IMPOSITION OF
CEILING ON LAND HOLDINGS (AMENDMENT) ACT, 1974PREAMBLE