The Gujarat Agricultural Land Ceiling Act-1960

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GOVERNMENT OF GUJARAT

LEGISLATIVE AND PARLIAMNETARY AFFAIRS DEPARTMENT

Gujarat Act No. XXVII of 1961

The Gujarat Agricultural Lands Ceiling Act,
1960

(As modified up to the 31st May, 2012)

THE GUJARAT AGRICULTURAL LANDS CEILING ACT, 1960.

CONTENTS

PREAMBLE.

SECTIONS. PAGE NO.

CHAPTER I.
PRELIMINARY.

1. Short title, extent and commencement.

2. Definitions.

3. Exempted lands.

CHAPTER II.
CEILING AREA.

4. Delimitation of local areas.

5. Ceiling areas.

CHAPTER III.
FIXATION OF CEILING ON HOLDING LANDS, DETERMINATION OF
SURPLUS LAND AND ACQUISITION THEREOF.

6. Ceiling on holding land.

7. Restrictions on transfers of sub-divisions of land and consequences of transfer
or sub- division made in contravention thereof.

8. Transfers or partitions made after 15th January, 1959 but before
commencement of this Act.

9. Consequences of acquisition of land in excess of area permitted under section
6.
9-A. Ceiling area where land converted into another class by Government
irrigation.

10. Holders of land to furnish particulars of land to Mamlatdars.

11. Penalty for failure to furnish statement, or affidavit, etc.

12. Surplus land needed for public purpose and power to acquire it.

13. Tribunal to proceed to prepare list of persons holding surplus land.

14. Designated Tribunal to exercise jurisdiction in respect of persons holding
land in different areas.

15. Computation of surplus land.

16. Tribunal to hold inquiry in respect of contravention of section 11.

17. Mode of determining in certain cases area of surplus land out of total land.

18. Division of survey numbers or of sub-divisions thereof in determining area of
surplus land.

19. Restoration of surplus land held by tenant to landlord.

20. Publication of list and notice to persons affected thereby.

21. Tribunal to make order declaring surplus land etc., and consequence thereof.
SECTIONS. PAGE NO.

22. Notice to interested persons.

23. Quantum of compensation.

24. Determination of claim for possession under section 19 and of compensation
and apportionment thereof.

25. Mode of payment of amount of compensation.

26. Inquiry as respect land held in contravention of section 9.

CHAPTER IV.
SPECIAL PROVISIONS FOR ACQUISITION OF LAND IN CERTAIN
CASES.

27. Acquisition of land needed for the formation of compact block out of lands to
be allotted to a co-operative farming society.

28. Collector to determine value of land and to make award and effect of award.

CHAPTER V.
ALLOTMENT OF LAND VESTING IN THE STATE GOVERNMENT UNDER
THIS ACT.

29. Allotment of land vesting in Government.

29-A. Special provision in respect of efficiently managed compact blocks of land
and orchards to ensure efficient cultivation and continuity of production.

29-B. Application of Code to surplus land.

30. Restriction on transfer or sub-division of land allotted under section 29.

31. Temporary leases of land liable to be allotted under section 29.

CHAPTER VI.
PROCEDURE, APPEALS AND REVISION.

32. Powers of Mamlatdar, Tribunal and Collector in making inquiries.

33. Inquiries to be held in accordance with prescribed procedure.

34. Notices to be served in prescribed manner.

35. Appeals against orders except awards.

36. Appeal against awards.

37. Collector's power of revision.

38. Revisional Jurisdiction of Gujarat Revenue Tribunal.

39. Limitation for appeals and applications for revision.

40. Court-fees.

41. Power of Gujarat Revenue Tribunal to confirm, modify etc., order taken in
revision.

42. Power of Collector to transfer appeals.

42-A. Revenue Officer to be a necessary party to all proceedings.

SECTIONS. PAGE NO.
CHAPTER VII.
MISCELLANEOUS.

43. Sums recoverable as arrears of land revenue.

44. Mode of putting any person in possession of land.

45. Summary eviction.

46. Pleaders, etc., excluded from appearance.

47. Bar of jurisdiction.

48. Inquiries and proceedings to be judicial proceedings.

49. Tribunal, etc., to be public servants.

50. Protection of action taken under this Act.

51. Delegation of powers.

52. Control.

53. Rules.

54. Enactments amended.

SCHEDULED I.

SCHEDULED II.

SCHEDULED III.

GUJARAT ACT NO. XXVII OF 19611

[THE GUJARAT AGRICULTURAL LANDS CEILING ACT, 1960.] 
[15th June, 1961]

Amended by Guj. 15 of 1964.
Amended by Guj. 4 of 1968.
Amended by Guj. 16 of 1969.
Amended by Guj. 2 of 1974.
Amended by Guj. Presi. 43 of 1976.

An Act to fix a ceiling on holding agricultural land and to provide for the
acquisition and disposal of surplus agricultural lands.

WHEREAS the Bombay Tenancy and Agricultural Lands Act, 1948 imposes
a restriction upon holding agricultural land in excess of certain limits in the Bombay
area of the State of Gujarat ;

AND WHER EAS it is expedient in the public interest to make a uniform
provision for the whole of the State of Gujarat in respect of restrictions upon holding
agricultural land in excess of certain limits and it is also expedient for so securing the
distribution of agricultural land as best to subserve the common good to provide for
the acquisition of surplus agricultural land for the allotment thereof to persons who
are in need of lands for agriculture (including co-operative farming societies, landless
persons, agr icultural labourers and small holders) 2[or for the allotment of such
surplus agricultural lands the integrity of which is maintained in compact blocks to a
department of Government or to co -operative farming societies or corporations
owned or controlled b y the State, for ensuring the full and efficient use thereof] and
to provide for other consequential and incidental matters hereinafter appearing; It is
here by enacted in the Eleventh Year of the Republic of India as follows :-

CHAPTER I.
PRELIMINARY.

1. (1) This Act may be called the Gujarat Agricultural Lands Ceilling Act, 1960.

(2) It extends to the whole of the State of Gujarat.

(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.

2. In this Act, unless the context requires otherwise-

3[(1) "agriculture" includes-

(a) horticulture,

(b) the raising of crops, grass or garden produce.

(d) the use of any land, whether or not an appanage to rice or paddy
land, for the purpose of rabmanure,

(e) dairy farming, (f) poultry farming.

(g) breeding of live-stock, and (h) the cutting of wood :

Provided that in relation to any period prior to the specified
date, "agriculture" shall not include any of the pursuits specified in
sub-clauses (d), (e), (f), (g) and (h) and also such other pursuits as
may have been prescribed prior to the specified date as pur suits not
included in that word;]

(2) "agricultural labourer" means a person whose principal means of
livelihood is manual labour on agricultural land ;
Bom. LXVII of
1948.
Short title, extent
and
commencement.
Detinitions.

(3) "agriculturist" means a person who cultivates land personally;

4[(3A) "Amending Act of 1972" means the Gujarat Agricultural lands Ceiling
(Amendment) Act, 1972;]

(4) "appointed day" means the day on which this Act, comes into force;

(5) "ceiling area" means the extent of land determined under section 5 to be
the ceiling area;

5[(6) "class of land" means any of the following classes of land, that is to say:-

(i) perennially irrigated land;

(ii) seasonally irrigated land;

(iii) superior dry crop land;

(iv) dry crop land;

Explanation 1.—For the purpose of this Act-

(a) "perennially irrigated land" means land which is assured of a
regular and actual supply of water for a period of not less than ten
months during the year from any source of irrigation and which is
consequently capable of growing at least two crops in a year or is
utilised for growing sugarcane crop :

Provided that land irrigated by a tube -well or lift irrigation
from a perennial source of water, operated by diesel or electric power
or both and constructed on or after 15th August, 1972 by any person
other than Government or a local authority, shall not be deemed to be
perennially irrigated land;

(b) "seasonally irrigated land" means land which is assured of a
regular and actual supply of water for a period of less than ten months
but not less than four months d uring the period from 15th September
to the end of Feb- ruary in a year from any source of irrigation, and is
consequently capable of growing at least one crop in a year;

(d) "rice land" means lan d which is situtated in a local area where the
average rainfall is not less than 89 centimetres a year, such average
being cal- culated on the basis of rain -fall in that area during the five
years immediately preceeding the year 1959 and which is used for
the cultivation of rice or which, in the opinion of the State
Government is fit for the cultivation of rice but does not include
perennially or seasonally irrigated land used for the cultivation of
rice;

(e) "dry crop land" means land other than the land specified in
paragraphs (a) to (c) and grass land, that is to say, land which
abounds in grass grown naturally and which is capable of being used
for agricultural purposes;

(f) "grass land" referred to in paragraph (e) shall, notwith - standing
anything contained in that paragraph, be deemed to be rice land if it is
situated in a local area referred to in paragraph (d) and in the opinion
of the state Government it is fit for the cultivation of rice ;

(g) land irrigated by dug wells except in the irrigation command of an
irri- gation project or in the bed of a river, stream, or natural
collection of water or a drainage channel (being an irrigation project,
a river, stream, natural collection of water or a drainage channel
Guj. 2 of 1974.
which is a perennial source of wate r) shall be deemed to be irrigated
land;

Explanation II.-For the propose of paragraphs (a) and (b) of
Explanation I, a certificate granted by 6[a competent officer] in
respect of any land, after such inquiry as he deems fit that it is
perennially irrigated land, or as the case may be seasonally irrigated
land and for the purpose of paragraph (g) of Explanation I. a
certificate granted by such officer, in like manner, in respect of any
source of water referred to in the said paragraph (g) that it is a
perennial source of water, shall be conclusive evidence in that
behalf;]

7[Explanation III.-For the purposes of Expiation-II,

"competent officer" means-

(a) in relation to any other land or source of water which is situated
within t he jurisdiction of a canal -officer as defined in clause (6) of
section 3 of the Bom - bay Irrigation Act, 1879 such canal officer ;
and,

(b) in relation to any other land or source of water, such officer as the
State Government may "by notification in the official Gazette,
designate in this behalf"]

8[ (6A) "Code" means the Bombay Land Revenue Code, 1879;].

(7) " Collector" includes an Additional Collector and an Assistant or Deputy
Collector performing the duties and exercising the powers of a Collector
under the relevant Code or any other officer specially empowered by the state
Go- vernment to perform the functions of the Collector under this Act;

(8) 9 [ * * * * ]

(9) "co-operative joint farming society" means a co -operative farmi ng
society-

(i) in which the ownership of all the land under its control vests, and
which gets all such land cultivated jointly by its members; or

(ii) the members of which cultivate their lands jointly :

(10) "co -operative farming society", means a society registered as co -ope-
rative farming society under any law relating to the registration of co -opera-
tive societies in force in any part of the State of Gujarat;

(11) "to cultivate" with its grammatical variations and cognate expressions
means to till or husband the land for the purpose of raising or improving agri -
cultural produce, whether by manual labour or by means of cattle or
machinery or to carry on any agricultural operation thereon ;

Explanation.-A person who enters into a contract only to cut grass or
to gather the fruits or other produce of tress, on any land, shall not on that
account only; be deemed to cultivate such land;

(12) "to cultivate personally", means to cultivate land on one's own account—

(i) by one's own labour, or

(ii) by the labour of any member of one's family, or

(iii) under the personal supervision of oneself or any member or one's
family by hired labour or by servants on wages payable in cash or
kind but not in crop share:

Bom. VII of 1879.
Bom. V of 1879.
Explanation I. —A widow or a minor o r a person who is subject to
any physical or mental disability; or a serving member of the armed forces
shall be deemed to cultivate land personally; if such land is cultivated by her
or his ser- vants or hired labour ;

Explanation II.-In the case of a jo int family, land shall be deemed to
be cultivated personally, if it is so cultivated by any member of such family;

(13) "exempted land" means land exempt from the provisions of this Act
under section 3;

(14) "fragment" means a fragment as defined in sub-section (4) of section 2 of
the Bombay Prevention of Fragmentation and Consolidation of Holdings Act
1947;

(15) "to hold land" with its grammatical variations and cognate expres - sions
means to be lawfully in actual possession of land as owner or tenant, as the
case may be :

Provided that in the case of land mortgaged with possession-

(a) if it is not in the actual possession of the tenant, the mortgagor
shall be deemed to hold it as an owner; and

(b) if it is in the actual possession of a person as a tenant thereof, such
person shall be deemed to hold it as tenant ;

(16) "Joint family" means an undivided Hindu family and in the case of other
persons a group or unit the members of which by custom or usage are joint in
estate or residence ;

10[(17) "land" means-

(i) in relation to any period prior to the specified date, land which is
used or capable of being used for agricultural purpose and includes
the sites of farm buildings appurtenant to such land;

(ii) in relation to any other period, land which is used or capable of
being used for agricultural purposes, and includes-

(a) the sites of farm buildings appurtenant to such land;

(b) the lands on which grass grows naturally;

(c) the bid lands held by th e Girasdars or Barkhalidars under
the Saurashtra Land Reforms Act, 1951, the Saurashtra
Barkhali Abol - ition Act, 1951 or the Saurashtra Estates
Acquisition Act, 1952, as the case may be;

(d) such bid lands as are held by a person w ho, before the
commencement of the Constitution (Twenty -Sixth
Amendment) Act, 1971 was a Ruler of an Indian State
comprised in the Saurashtra area of the State of Gujarat, as his
private property in pursuance of the covenant entered into by
the Ruler of such State ;

(e) trees and standing crops on such land;

(f) canals, channels, wells, pipes or reservoirs and other works
constructed or maintained on such land for the supply or
storage of water for the purpose of agriculture ;

(g) drainage works, embankments, bandharas or any other
works appurtenant to such land, or constructed or maintained
thereon for the purpose of agriculture, and all structures and
permanent fixtures on such land;

Bom. LXII of 1947
Sau. Act XXV of
1951.
Sau. Act XXVI of
1931.
Sau. Act III of
1952.
Explanation.-In clause (d), the expressions "R uler"
and "Indian State" shall have the same meanings as are
assigned to them in clauses (22) and (15) respectively of
article 366 of the Constitution and the expression "covenant"
shall have reference to the covenant which was referred to in
article 291 of the Constitution before the repeal of that article
by the Constitution (Twenty-Sixth Amendment) Act, 1971;]

(18) "landless person" means a person who holds no land for agricultural
purposes whether as an owner or tenant, but earns his livelihood principally
by manual labour on agricultural land and intends to take to the profession of
agriculture;

(19) "Mamlatdar" includes a Mahalkari and any other officer whom the State
Government may appoint to perform the duties of a Mamlatdar under this
Act;

11[(19A) "orchard" means a compact area of land, having fruit bearing trees
grown thereon in such number that they preclude, or when fully grown would
preclude, a substantial part of such land from being used for any agricultural
purpose, which has been used for the growing of such trees for a period of not
less than three years immediately preceding the 24th day of January, 1971;
but shall not include vine yards or other areas of land used exclusively for
growing coconuts, arecanuts, bananas and guavas;]

(20) "owner" in relation to land includes a person holding the land as
occupant, or land -holder as defined in the 12[*] Code or as lessee of
Government and a person holding land for his maintenance;

(21) "person" includes a joint family;

(22) "physical or mental disability" means physical or mental disability by
reason of which the person subject to such disability is incapable of cultivat -
ing land by personal labour or supervision;

(23) "prescribed" means prescribed by rules made under this Act;

13[24) * * * * *]

(25) "relevant tenancy law" means-
(a) in the Bombay area of the State of Gujarat the Bombay Tenancy
and Agricultural Lands Act, 1948;

(b) in the Saurashtra area of the State of Gujarat, any law relating to
tenancies of agricultural lands in force in that area; and

(c) in the Kutch area of the State of Gujarat, the Bombay Tenancy and
Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958;

(26) "serving member of the armed forces" m eans a person in the service of
the armed forces of the Union; provided that if a question arises whether any
person is a serving member of the armed forces of the Union, such question
shall be decided by the State Government and its decision shall be final;

(27) "small holder" means an agriculturist cultivating less than 14[one-
sixteenth] of the ceiling area and who earns his livelihood principally by
agricu- lture or by agricultural labour;

15[(27A) "specified date" means the date of the coming into fo rce of the
Amending Act of 1972;]

(28) "surplus land" means land which is deemed to be or declared to be
surplus land under the provisions of this Act:

(29) "tenant" and "landlord" shall have the meaning assigned to corres -
ponding words under the relevant tenancy law;
Bom. LXVII of
1948.
Bom. XCIX of
1958.

(30) "Tribunal" means the Agricultural Lands Tribunal constituted for any
area under the relevant tenancy law and where in any part of the St ate of
Gujarat the relevant tenancy law does not provide for the constitution of the
Tribunal, such officer not below the rank of a Mamlatdar as the State
Government may appoint to be the Tribunal for any area in that part of the
State of Gujarat;

(31) words and expressions used in this Act but not defined shall have the
meanings assigned to them in the 16[ * *] Code.

3. (1) 17[Subject to the provisions of sub -sections (1A) to (1D) (both inclusive),
the following lands] shall be exempted from the provisions of this Act, that is
to say-

(a) lands belonging to, or held on lease, by Government 18[* * * * * *
* * *];

19[(aa) khar lands and tidal lands as defined in the Gujarat Khar
Lands Act, 1963 and any other lands which, being in the opinion of
the State Government such as need special efforts for their
reclamation for the pur - pose of bringing them under cultivation, are
notified in this behalf by the State Government by a notification in the
Official Gazette, held on lea se from Government for a period not
exceeding twenty years;]

20[( b) lands belonging to, or held on lease by, a local authority and
lands belonging to, or held on lease by a University established by
law in the State of Gujarat or by an i nstitution in the State of Gujarat
which is dec - lared to be a University by the Central Government
under section 3 of the University Grants Commission Act, 1956,
where such lands are used by the University or such institution for the
puropse of imparting education in agriculture, or are specified by the
University or such institution as being reserved for being used for
future expansion of the University or such institution].

(c) lands situated in any area which has been specified as being
reserved for no n-agricultural or industrial development under the
relevant tenancy law;

21[(cc ) lands which are the property of a public trust for a hospital
exisiting on the specified date, to such extent as may be decided in
each case by a Committee consisting of the Collector, such officer of
the Medi - cal Department as the Director of Health and Medical
Services may nomi - nate and a representative of the hospital
concerned;

(d) lands which are the property of a public trust for an educational
institution imparting education in agriculture, to such extent as may
be prescribed].

22[(dd) lands held by a Panjrapole or a Gaushala for the purpose of
grazing of cattle or storage of grass for cattle in the institution to such
extent as may be specified from time to time in each case by a Co -
mmittee consisting of the Collector, such officer of Animal
Husbandry Department as the Direct or of Animal Husbandry may
nominate and a representative of the Panjrapol, or as the case may be.
the Gaushala, having regard to the number of cattle normally
maintained or cared for in the institution concerned, provided the
Panjrapol or the Gaushala, as the case may be uses such lands solely
and directly for the puropse for which such lands are held and not for
the purpose for which such lands are held and not for the purpose of
deriving income for the institution;

(ddd) lands being lands utilised for maintenance of Panjrapole or
Gau- shala, which were exempt from the provisions of this Act
Exempted lands
Guj. 17 of 1964
Act III of 1956.
Bom. XXIX of
1950
immediately before the specified date by reason of their being the
property of an ins- titution for public religious workship register ed as
a public trust under the Bombay Public Trust Act, 1950, provided
such institution creates a separate trust in respect of such lands for the
purposes of Panjrapole or Gaushala applies within a period of ninety
days from the specified date, for the reg is- tration of such trust under
the said Act, to the Deputy or Assistant Charity Commissioner having
jurisdiction and endeavours to get such sepa - rate trust registered
under the said Act within a period of one year from the specified
date;]

23[(e) * * * * * * *]

(f) lands leased to or held by an industrial undertaking which in the
opinion of the State Government bona fide carries on any industrial
oper- ration and which is approved by the State Government 24[ to the
extent necessary for the purpose of e xpansion or present need of the
industry, as certified by the Commissioner of Industries;]

25[(g) * * * * * * *]

26[(h) lands held or leased by a Land Development Bank, a bank
speci- fied] in columm 2 of the first Schedule to the Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970, or
a Corporation (including a Company) owned or controlled by
Government provided such lands are required and used by these
institutions in connection with the discharge of their bonafide
functions or achievement of their bonafide objects :

(i) lands held or leased by such co-operative societies as are approved
in the prescribed manner by the State Government and as have for
their objects the improvement of the economic and social conditions
of peasants or ensuring the full and efficent use of land 27[for
agriculture, provided that the sum total of land held by any one
member of such society as such member as well as separately as an
individual does not in any case exceed the ceiling areas which such
member shall be entitled to hold as one person;]

(j) lands held by a Bhoodan Samiti recognised by the State Govern -
ment jn this behalf;

28[(k) * * * * * *]

29[(1A) Every person who holds land which is eligible to the exemption
provided in sub-section (1) shall,

(i) in a case where such land was eligible to exemption immediately
before the specified date or where such land becomes eligible to
exemption on the speci fied date within a period of ninety days from
the specified date, and

(ii) in any other case within a period of ninety days from the date on
which it becomes eligible to exemption by reason of its satisfying the
require- ments of the provisions of sub-section (1),

make an application in the prescribed form to the Collector within whose
juris- diction such land is situate, for a certificate that the land in question is
eligible to exemption from the provisions of this Act.

(1B) On receipt of such application the Collector shall, after giving to the
applicant an opportunity to be heard and after making such inquiry as he
thinks fit, decide whether the land is eligble to exemption or not,

(1C) If the Collector decides that the land or any portion th ereof is eligible to
exemption, he shall issue a certificate in the prescribed form to the applicant
to the effect that the land specified therein is entitiled to exemption from the
provisions of this Act, and no land in respect of which such certifiacate of
Act 5 of 1970
exemption has not been issued shall be eligible to exemption under sub -
section (1).

(1D) The decision of the Collector under sub-section (1B) shall, subject to the
decision of the State Government in an appeal, if any, which may be filed by
the applic ant aggrieved by the decision of the Collector within a period of
ninety days from the date of communication of the decision to the applicant
the decision of the State Government in such appeal or in exercise of its
powers under section 52, shall be final and conclusive and shall not be called
in question in any suit or proceeding in any court or before any [authority.]

(2) An exempted land shall cease to be exmpted land if it ceases to sati - sfy
[the requirements of the provisions of sub-section (1) applicable thereto.

30[If at any time it appears to the Collector that any exempted land or
portion thereof has ceased to satisfy any of the requirements of the provisions
of sub section (1) and has consequently ceased to be exempted land, the
Collector may, a fter giving to the holder of such land an opportunity to be
heard and satisfying himself that the land or any portion thereof has ceased to
be exempted land, by order published in the prescribed manner, direct that
with effect from such date as may be spec ified in the order such land or
portion thereof shall cease to be exempted from the provisions of this Act and
thereupon the certificate granted to the holder under sub -section (1C) shall
stand revoked in respect of such land, or as the case may be, portion thereof,]

31[(3) The Devasthan lands which immediately before the date of the com -
mencement of the Gujarat Devasthan Inams Abolition Act, 1969 were
exempted under clause (d) of sub-section (1) .shall with effect on and from
the said date cease to be exempted lands].

32[(4) No exempted land shall be transferred by way of sale, gift, exchange,
mortgage, lease, assignment or otherwise, or partitioned, without the previous
permission of the Collector :

Provided that the Collector may grant such permission on such
conditions as may be prescribed.

(5) Any transfer or partition of exempted land in contravention of sub- section
(4) shall be void.

(6) Notwithstanding anything contained in the Bombay public trusts Act,
1950 or in the instrument of trust relating to any institution referred to in
clause (ddd) of sub -section ( 1), for the purpose of giving effect to the
provisions of the said clause (ddd) it shall be lawful :

(a) for the trustees of such institution to create and get registered a
separate trust in respect of the lands utilised by such institution for
maintenance of Panjrapole or Gaushala and for that purpose to make
an application for the registration of such separate trust in accordance
with the provisions of the said Act, to the Deputy or Assistant Charity
Commissioner having jurisdiction under section 18 of the said Act,
and

(b) for the Deputy or Assistant Charity Commissioner having
jurisdiction to deal with such application in accordance with the
provisions of the said Act, as if it were an application for registration
of a new trust.

CHAPTER II.
CEILNG AREA.

4. There shall be classes of local areas in th e State as specified in Schedule I and the
local areas falling in each such class shall be as respectively specified in Schedule II.

5. (1) Subject to the provisions of sub -sections (2) and (3) in relation to each
class of local area as specified in Schedule I, the ceiling area with reference to
Guj. 16 of 1969
Bom. XXIX of
1950.
Delimitation of
local areas.
Ceiling areas.
each class of land shall be as specified in the said schedule against the respe -
ctive class of local area :

33[Provided that in areas which in the opinon of the State Government
are desert or hill areas of drought-prone areas and which are specified by the
State Government from time to time, by notification in the Official Gazette,
as such areas, the ceiling area with reference to dry crop land shall be such
area as is twelve and a half percent more than the ceiling area as specifed with
reference to dry crop land against the class of local area in which the said
areas fall, pro- vided however that such ceiling area shall in to case exceed an
area of 21.85 hectares (54 acres), and for the purpose of determining whether
any area is a desert or hill area or a drought -prone area, regard shall be had to
the soil classi - fication of the land, the climate and rainfall of the area, the
extent of irrigation facilities in the area, the average yield of crop an d the
agricultural resources of the area, the general economic conditions prevelant
therein and such other factors.]

(2) Where a peson holds land consisting of different classes in the same class
of local area, then for determining the question whether the total land held by
him is less than, equal to, or more than, the ceiling area, the acreage of each
class of land held by such person shall be converted to the acreage of dry crop
land on the basis of the proportion which the celing area for the class of land
to be so converted bears to the ceiling area for dry crop land.

(3) Where a peson holds, lands, whether consisting of different classes of land
or not, in different classes of local areas, the question whether the total land
held by him is less than, equal to, or more than, the ceiling area, shall be
deter- mined as follows, that is to say-

(i) the acreage of each class of land held by the person in each class of
local area shall be first converted into the acreage of dry crop land in
that ocal area in accordance with sub -section (2) and the total acreage
so arrived at shall be expressed in terms of a multiple or, a s the case
may be, fraction of such ceiling area;

(ii) the multiple or fraction so expressed in the case of each of the
local areas shall be added together:

(iii) the person shall be deemed to hold land less than equal to, or
more than, the ceiling area according as the sum total of the multiples
and frac- tions under clause(ii) is less than equal to, or more than, one.

CHAPTER III.
FIXATION OF CEILING ON HOLDING LAND, DETERMINATION OF
SURPLUS LAND AND ACQUISITION THEREOF.

6. (1) Notwithstaning anytihng contained in any law for the time being in force
or in any agreement, usage or decree or order of a Court,with effect, from the
appointed day no person shall, subject to the provisions of 34[ sub -sections
(2), (3), (3A) and (3B) ] be entitled to hold whether as owner or tenant or
partly as owner and partly as tenant land in excess of the ceiling area.

(2) Where an individual, who holds lands, is a member of a family. 35[ not
being a joint family which consists of the individual a nd his spouse (or more
than one spouse) and their minor sons and minor unmarried daughters,
irrespec- tive of whether the family also includes any major son and ] land is
also separately held by such individual's spouse or minor children, then the
land held by the indi - vidual and the said members of the individual's family
36[ execluding major sons, if any ] shall be grouped together for the purposes
of this Act and the provisions of this Act shall apply to the total land so
grouped together as if such land had been held by one person.

(3) Where on the appointed day a person holds exempted land along with
other land then,

Ceiling on holding
land.
(i) if the area of exempted land is equal to or more than the ceiling
area he shall not be entitled to hold other land, and

(ii) if the area of exempted land is less than the ceiling area, he shall
not be entitled to hold other land in excess of the area by which the
exempted land is less than the ceiling area.

37[(3A) Where any person holds any land in any other part of the India out
side the State, then, the area of land so held by him in such other part, not
exceeding the maximum area of land which such person is entitled to hold in
such other part of India under any law, if any, relating to ceiling on land, used
or capable of being used for agricultural purposes, shall be excluded from the
ceiling area in excess of which a person is not entitled to hold land under this
section and the extent of land determined after so excluding such area shall in
relation to such person, be deemed to be the ceiling area, to be held by him in
this State :

Provided that where any such person disposes of, at any time before
the deter- mination of ceiling area under this Act, any land or part thereof so
held by him in any other part of India outside the State, in accordance with
the provisions of law in force in such part, the area equal to the land or part
thereof so disposed of shall not be excluded while determining the ceiling
area under this sub-section.

(3B) Where a family or a joint family con sist of more than five members
comprising a person and other members belonging to all or any of the
following categories, namely:--

(i) minor son,

(ii) widow of a pre-deceased son,

(iii) minor son or unmarried daughter of a pre -deceased son, where
his or her mother is dead,

such family shall be entitled to hold land in excess of the ceiling area to the
extent of one -fifth of the ceiling area for each member in excess of five, so
how- ever that the total holding of the family does not exceed twice the
ceiling area and in such a case, in relation to the holding of such family , such
area shall be deemed to be the ceiling area :

Provided that if any land is held separately also by any member of
such family, the land so held separately by such member shall be grouped
together with the land to such family for the purpose of determining the total
holding of such family :

Provided further that where, in consequence of any member of such
family holding any land in any other part of India outside the State, the
ceiling area in relation to the family is reduced as provided in sub -section
(3A) the one -fifth of the ceiling area as aforesaid shall be calculated with
reference to the ceiling area as would have been applicable had no such land
been held by such member in any other part of India.

(3C) Where a family or a joint family irrespective of the number of members
includes a major son, then each major son shall be deemed to be a separate
person for the purposes of sub-section (1).

(3D) For the purpose of sub-section (2), (3B) or (3C), the members comprised
in a family or as the case may be, a joint family on the specified date shall
alone be taken into consideration and any changes in the character or number
of members of the family occurring thereafter shall be ignored.]

(4) 38[ Land in this State] which under the foregoing provisions of this section
a person is not entitled to hold shall be deemed to be surplus land held by
such person.

7. (1) Notwithstanding anything contained in any law for the time being in
force, no land shall, after the appointed day, be-

(a) tranferred whether by way of sale (including sale in execution of a
decree of a Civil Court or of an award or order of any other competent
authority) or by way of gift, exchange, lease or otherwise, or

(b) sub-divided (including sub-division by a decree or order of a Civil
Court or any other competent authority) whether by 39[ partition,
family arrangement] or otherwise.

except with the permission in writing of the Collector.

(2) The Collector may refu se to give such permission if in his opinion the
transfer of sub-division of land is likely to defeat the object of this Act.

(3) In computing under the provisions of this Act, the area of surplus land, if
any, held by a person, the transfer or sub -division of land made by or on
behalf of, such person in contravention of sub-section (1) shall be ignored.

(4) Nothing in the foregoing provisions of this section shall apply to a person
who hold land not exceeding the ceiling area.

8. (1) Where after 15th day of January, 1959 but before the commencement of
this Act, 40[for after 24th day of January, 1971, but before the specified date],
any person has transferred whet her by sale, gift, mortgage, with possession,
exchange, lease, surrender or otherwise or partitioned any land held by him,
then notwithstan - ding anything contained in any law for the time being in
force such transfer or parti - tion shall, unless it is pro ved to the contrary, be
deemed to have been made in antici - pation in order to defeat the object of
this Act. 41[Where such transfer or partition was made after 15th day of
January, 1959 but before the commencement of this Act or in order to defeat
the object of the Amending Act of 1972 where such transfer was made after
24th day of January, 1971 but before the specified date] :

42[Provided that where any transfer or partition of land is effected by a
docu- ment required by law to be registered which is ho wever not registered
and such docu - ment, purports to have been executed before 24th day of
January, 1971 no court shall pass a decree in any suit filed for the grant of
specific relief on the basis of any such document unless the court is satisfied
on merits of the case that the document is a bona fide document executed in
fact before 24th January, 1971, and that it is not ante -dated as a result of
collusion between parties or otherwise in order to defeat the object of the
Amending Act of 1972 :

Provided further that nothing in this sub -section shall apply to any
transfer of land by way of gift or partition made on or after the 24th January.
1971 to a son who was major on the said date.]

(2) Any person affected by the provisions of sub -section (1) may, within the
prescribed period and in the prescribed form, make an application to the
Collector for a declaration that the transfer or partition was not made in
anticipation in order to defeat the object of 43[this Act, or as the case may be,
of the Amending Act of 1972].

(3) On receipt of such application, the Collector shall hold an inquiry and
after giving an opportunity to the transferor and the transferee or, as the case
may be, to the partition, to be heard and after considering the evidence which
may be produced, decide whether the transfer or, as the case may be the
partition was or was not made in anticipation in order to defeat the object of
44[this Act, or. as the case may be, of the Amending Act of 1972] and
accordingly may-

(i) reject the application, or

(ii) by order in writing make a declaration that the transfer or, as the
Restrictions on
transfers of sub-
divisions of land
and consequences
of transfer or sub-
division made in
contravention
thereof.
Transfers or
partitions made
after 15th January.
1959 but before
com- mencement of
this Act.
case may be, the partition was not made in anticipation in order to
defeat the object of 5[this Act, or as the case may be, of the Amending
Act of 1972.]

(4) Where the application is rejected, the transfer or, as the case may be, the
partition shall be ignored in computing under this Act the area of surplus
land, if any, held by such person.

9. Where after the appointed day, on account of gift, purchase, assignment, lease,
surrender or any other kind of transfer inter rives or by succession or parti - tion, any
land comes into the possession of any person, or any land held by any person ceases
to be exempted land 45[ * * * * ] and in consequence thereof the total land held by
such person exceeds the area which he is entitled to hold under section 6, then-

(i) if the acquisition of such excess land was otherwise than by succession or
partition it shall be invalid and the excess land shall be forfetied to the State
Government, and

(ii) if the acquisition was by succession or partition or the excess was due to
the land ceasing to be exempted laud the excess land shall be deemed to be
surplus land held by such person.

46[9-A. (i) Where in consequence of the conversion after the appointed day of any
land into any class of land described in sub -clause (i) or ( ii) of clause (6) of
section 2, as a result of irrigation from a source constructed by Government,
the land held by any person exceeds the ceiling area, or

(ii) where in consequences of the amendments made in any of the provisions
of this Act by the Amending A ct of 1972, the land held by any person on the
specified date exceeds the ceiling area,

the land so in excess shall be deemed to be surplus land.]

10. (1) 47[Every person-

(a) holding land (including exempted land, if any) in excess of the
ceiling area whether as owner or tenant or partly as owner and partly
as tenant on the appointed day,

(b) who, on or after the appointed day, comes into possession of, or
holds, any land (including exempted land, if any and land, if any, held
in any other part of India outside this State) in excess of the ceiling
area, whether as owner or tenant or partly as owner and partly as
tenant, in the circumstances described in section 9,

(c) whose land is converted into another class of land, thereby causing
his holding to exceed the ceiling area, in the circumstances described
in clause (i) of section 9A,

(d) whose land becomes, surplus under the circumstances described in
clause (ii) of section 9A,-

shall-
(i) in the case under clause (a), within a period of ninety days
from the appointed day,

(ii) in the case under clause (b), within a period of ninety days
from the date of his coming into possession of the land in
excess of the ceiling area,

(iii) in the ca se under clause (c), within a period of ninety
days from the date of such conversion (such date being a date
notified, in the Official Gazette by the State Government in
respect of any area),

(iv) in the case under clause (d), within a period of ninety days
from the specified date,
Consequences of
acquisition of land
in ex- cess of area
permitted under
section 6.
Ceiling area where
land converted into
another class by
Government
irrigation.
Holders land to
furnish particulars
of land to
mamlaldars.

furnish to each of the Mamlatdars in whose jurisdiction any piece of
such land is situate, a true statement specifying]-

(1) particulars of all lands .including their survey numbers and
areas ;

(2) particulars of all exempted lands, if any, including their
survey numbers and areas;

(3) particulars of all lands held as owner ;

(4) particulars of all lands held as tenant ;

(5) particulars of all the encumbrances, if any, over the lands
together with the names and addres

Excerpt shown. Open the full act in Lexace.

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