LexThe Haryana Ceiling on Land Holding Act, 1972 (26 of 1972)
Haryana · state statute
Open in Lexace · Ask the AI about this act
THE HARYANA CEILING ON LAND HOLDINGS ACT, 1972
CONTENTS
Sections
CHAPTER 1
PRELIMINARY
1. Short Title and Extent
2. Declaration as to giving effect to certain Directive Principles
3. Definitions
4. Permissible Area
5. Act not to apply to certain Lands
5.A. Exemption of lands belonging to religious or Charitable Institutions
6. Act to override other laws decrees, orders, etc.
CHAPTER II
CEILING ON LAND AND ACQUISITION AND DISPOSAL OF SURPLUS AREA
7. Ceiling on Land
8. Certain transfers or dispositions not to affect Surplus Area
9. Selection of Permissible Area and persons required to furnish declaration
10. Selection of Permissible Area by prescribed authority
11. Statement of Permissible and Surplus Areas
12. Vesting of Surplus Area
13. Power to take possession of Surplus Area
14. Power to separate shares of Landowners
15. Disposal of Surplus Area
16. Principles for Payment of Amount
17. Payment of Amount
CHAPTER III
MISCELLANEOUS
18. Appeal, Review and Revision
19. Correction of Clerical Errors.
20. Officer holdings enquiries to have power of civil courts
20A. Omitted
21. Penalty for making False Statement
22. Summary Eviction and Fine
23. Certain officers to be Public Servants
24. Procedure
25. Court fees
26. Bar of Jurisdiction
27. Protection of actiori taken under this Act
28. Mode of recovery of Amount and Penalty
29. Delegation
30. Power to remove Difficulties
31. Power to make Rules
32. Withdrawal of exemption regarding utilisation of Surplus Area
33. Repeal and Savings Schedule
THE HARYANA CEILING ON LAND HOLDINGS RULES, 1973
Sections
1. Short title
2. Definitions.
3. Prescribed authority.
4. Tenants.
5. Evaluation of land.
6. Form and manner of declaration and its verification.
7. Collection of information.
8. Preparation of statement.
9. Form of order.
10. Form of statement for amount payable and the manner of serving the same
11. Mode of payment of amount.
12. Amount of voucher.
13. Form and manner of appeal and revision.
14. Procedure of authority.
15. Court-fees.
16. Manner of service of notice or orders.
17. Repeal.
Schedule A
Schedule B
Forms.
THE HARYANA UTILISATION OF SURPLUS AND OTHERS AREAS
SCHEME, 1976
Sections
1. Short title
2. Definitions.
3. Preparation of lists of surplus area.
4. Categories of eligible persons and inter se priority therein.
5. Application by eligible person.
6. Scrutiny of applications.
7. Principles and procedure of allotment.
8. Association of possession.
8.A Delivery of possession.
9. Mode of payment.
10. Issue of certificate and delivery of possession.
11. Recovery of instalments.
12. Conditions of allotment.
13. Appeal and revision.
14. Repeal and saving
Forms
THE HARYANA CEILING ON LAND
HOLDINGS ACT, 1972
(Haryana Act No. 26 of 1972)
Received the assent of the President of India on the 22nd December, 1972 and was
first published in the Haryana Government Gazette (Extraordinary) of December, 23, 1972.
An Act to consolidate and amend the law relating to ceiling on land holdings in the
State of Haryana. I
Be it enacted by the Legislature of the State of Haryana in 'the Twenty third Year of
the Republic of India as follows: -
CHAPTER I
PRELIMINARY
1. SHORT TITLE AND EXTENT --(1) This Act may be called the Haryana Ceiling on
Land Holdings Act, 1972
(2) It extends to the whole of the State of Haryana.
CASE LAW
Haryana Utilisation of surplus and other Area Scheme, 1976 -- Tenant in possession
contested the suit for recovery of 1/3rd Batai by the landowners- Plea was that by coming into
force of ceiling Act, tenants area vested in state and thus became Tenants Permissible Area --
Relationship of Landlord tenant was denied -- Name of the defendant appeared in revenue
records as tenant since 1951-52-- Old tenants, but that by itself does not make the land in their
possession as TPA--It was necessary to move an application and get the area allotted --Tenant
becomes the proprietor of land after the land is allotted and after the tenant had paid the first
instalment of determined compensation-- In the absence of TPA the suit by landlord is rightly
decreed; Lal Chand and others v. The Sub Divisional Officer (Civil) Cum -Assistant
Collector 1st Grade, Dabwali, District Sirsa and others: 2001(1) ALL INDIA LAND
LAWS REPORTER (Pb. & Hry.) 557
Surplus Land--Defendant's land, inherited through Will, declared surplus --Genuiness
of Will and therefore order declaring land surplus challenged by daughters of natural heirs of
original land owner --Contented, after death of their father they were in possession of land
being lawful owners as heirs-State contested the suit as being collusive between plaintiff and
defendant, to save land from vested in surplus pool --Also contented defendants are i11
cultivation possession of land --Held--It was duty of the propounder of Will, State, to prove
that disposition made in the will not improbable or unfair or unnatural and free from all
extraneous influences and was disposed with sound mind-Proof of the Will, lacking in
essential particulars --Will not proved genuine-Daughters held as owners --Appeal allowed;
State of Haryana v. Raj Kaur : 2001(3) ALL INDIA LAND LAWS REPORTER (Pb. &
Har.) 140
Section 1 (3) --Haryana Utilisation of Surplus Area Scheme --Tenant on the disputed
surplus land has a prior right for allotment of that land under Haryana Utilisation of Surplus
area Scheme --Old tenant on the land --No notice issued to him --Prescribed authority duty
bond to issue notice to persons likely to be affected adversely by order of surplus area --
Statutory provisions not followed by the Prescribed Authority --Order is null and void;
1991(2) All India Land Laws Reporter 149
2. DECLARATION AS TO GIVING EFFECT TO CERTAIN DIRECTIVE
PRINCIPLES--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 of India.
CASE LAW
Section 2 --Banjar Qadim land --Determination of nature of land-To be determined
under the Act and the scheme framed under the Act -- Question cannot be agitated in a writ
petition; 1983 (2) All India Land Laws Reporter 204
3. DEFINITIONS. --In this Act, unless the context otherwise requires,
(a) "adult" means a person who is not a minor; .
(b) "agricultural worker" means a person whose principal mean of livelihood is the
income he gets as wages in cash or kind or partly in cash and partly in kind, in
connection with the agricultural operations he performs;
(c) "appointed day" means the twenty-fourth day of January, 1971;
(d) "banjar land" means land which has remained uncultivated for a continuous period
of not less than two years immediately preceding the appointed day;
(e) "Collector" means the Collector of a district or any other officer not below the
rank of an Assistant Collector of the first grade empowered in this behalf of the State
Government;
(f) "family" means husband, wife and their minor children, or any two or more of
them.
EXPLANATION 1. -- A married minor daughter shall not be treated as a child.
(Vide Act No. 17 of 1976)
EXPLANATION 2. --Child shall include
(i) child of the husband from his deceased or divorced wife and living with him;
(ii) child of the wife from her deceased or divorced husband and living with her; .
(iii) illegitimate child of the husband or the wife and living with them or either of
them;
(g) "land" means land which is not occupied as the site of any building in a town or
village and is occupied or has been let for agricultural purposes subservient to
agriculture, or for pasture, and includes-
(a) the sites of buildings and other structures on such land, and
(b) banjar land,
(h) "landowner" means the owner of land;
(i) "minor" means a person who has not completed the age of eighteen years;
(j) "orchard" means a compact area of land, other than land under grape garden or
[wine yard or banana or guava trees] (Substituted vide Act No. 33 of 1973) 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;
(k) "Pepsu Law" means' the Pepsu Tenancy and Agricultural Lands Act, 1955;
(l) "permissible area" means the extent of land specified in Section 4 as the
permissible area;
(m.) "person" includes a company, family, association or other body of individuals,
whether incorporated or not, and any institution capable of holding property;'
(n) "prescribed" means prescribed by rules made under this Act;
(o) "prescribed authority" means an authority prescribed by rules made under this
Act;
(p) "Punjab law" means the Punjab Security of Land Tenures Act, 1953;
(q) "separate unit" means an adult son living with his parties or either of them and in
case of his death, his widow and children, if any; (Substituted vide Act No. 17 of
1976)
EXPLANAT10N.--The adult son or in case of his death his widow and children shall
be deemed to be living with the parents or either of them unless separated; (Vide Act No. 47
of 1976)
(r) "surplus area" means the area in excess of the permissible area;
(s) "tenant" means a person who holds land under another person, and is, or but for a
special contract would be, liable to pay rent for that land to that other person, and
includes(a) the predecessors and successors- in-interest of the tenant; and (b) sub -
tenant;
but does not include a person who is such a relation of the landowner as may be
prescribed;
(t) all other words and expressions used herein and not defined but defined in the
Punjab Tenancy Act, 1887 (Punjab Act 16 of 1887), or the Punjab Land Revenue Act,
1887 (Punjab Act 17 of 1887), shall have the meanings assigned to them in either of
those Acts.
CASE LAW
S.3 (f)-- Surplus Land--What is provided in the Act is that a person filing declaration
form has to include the particulars of land held by him as also the land held by his family
members and the separate unit --And record his selection of the permissible area -- In case he
fails to select his permissible area, prescribed authority is competent, to do that--This has
happened in this case Landowner's plea is that holdings belonging to one of his natural sons
and given in adoption to another person as per adoption deed dated 5.11.1973 has been
wrongly clubbed with his holdings --Having lost in the courts below here is Regular Second
Appeal--Adoption deed dated 5.11.1973 shows that son was given in adoption only 4-5 days
before execution of adoption deed --For acceptance of the plea of separate holding adoption
has to be before the appointed day i.e. 4.1.1971 --Records althrough, in ,revenue records, in
school certificate show him as son of the appellant —Adoption deed was an attempt to defeat
the mandatory provisions of the Act --Meritless appeal stands dismissed; Jaswinder Singh v.
State of Haryana through Collector, Sirsa and others : 2001 (1) All INDIA lAND lAWS
REPORTER (Pb. & Hry.) 174
Sections 3, 4 and 5 --Determination of surplus area --Person allotted land under the
Haryana Act and settled on surplus area has a right to be heard in proceedings under the
Haryana Act dealing with the question of determination of surplus area; 1989 (1) All Indian
Land laws Reporter 283
Section 3(1), 4 and 7 --While disclosing his holding in Form K-1, Landowner has to
disclose the holding of his family members also as required under Haryana act-Landowner
has to be a small landowner under both the Acts --In case a tenant challenges it, he has to
make a credible allegation so as to create a doubt about the assertion of the landowner that he
is small landowner; 1993(2) All India land laws Reporter 328
Sections 3(1), 4(1), 7, 8, 9. 11 (1)(2) --Family--concept of --Giving of artificial
definition of family --Does not vilate Article 14 of the Constitution of India; 1980 All India
land laws Reporter 365
Sections 3(6), 3(i) 4, 7 and 9 --Appointment day--Daughter born after appointed day--
Landowner not entitled to additional unit; 1984 (2) All Indian land laws Reporter 216
Sections 3(c), 3(b) 4(2), 7 and 9--Son born after the appointed day and before the date
of commencement of Act-Landowner not entitled to additional area; 1983(1) All India land
laws Reporter 532
Section 3(f) and 4 --Permissible area --Appointed day--Family to be seen as on 24th
January, 1971---Death of a child after the appointed day --Factum of death cannot be taken
note of--Plea of the revenue that on the date of decision as the child was not living benefit of
additional unit should not be given-Held to be not tenable; 1984(2) All India land laws
Reporter 117
Section 3(f), 4 and 7 --Change in status of family after appointed day --Minor
daughter dying after the appointed day --Plea of the landlord that on the death of minor
daughter his son became adult and thus entitled to separate unit Plea to be considered on
merits; 1984(2) All India land laws Reporter 117
Sections 3(f) and 3(c)--Married daughter--Daughter married on the date of decision of
surplus area case but minor unmarried on appointed day--Minor and unmarried daughter to be
counted as member of the family --Permissible area can be allowed under act; 1989 (1) All
India land laws Reporter 360
Section 3(f)--Family--Unmarried major daughters and divorced daughters --Supreme
Court expressed a wish that the State Government should give due consideration to their
claims; 1980 All India land laws Reporter 365
Section 3(f)--Constitution of India, Articles 14, 19 and 31 -- Basis on which the
concept of family defined, explained by the State --Background of the legislation for adopting
the family as a Unit. Explained --Explanation given considered and found satisfactory --
Provisions held valid; 1980 All India Land laws Reporter 365
Sections 3(f), 4(1), 4(3) and 7 --Artificial concept of family -- Does not result in any
inequalities--Provisions are valid --Does not lay down any double standard for fixing the
ceiling limit; 1980 All India land laws Reporter 365
Sections 3(g) and 26 --Jurisdiction of Civil Court is barred under Section 26 --ldle to
contend that it is for civil Court to determine the question whether land in possession of
petitioner falls within meaning of work 'land' used in Ceiling Law; Vol. 9 (Supp.) All India
Land Laws Reporter 381
Sections 3(m), 4, 7 and 9(1)-Haryana Ceiling on Land Holdings Rules, 1973, Rules --
High Court declaring certain provisions as invalid without noticing that the Act has been
included in the 9th Schedule of the 'Constitution-Earlier decision riot binding -- law altered
since earlier decision: - Earlier decision between the parties will not operate as res-judicata;
1979 All India Land Laws Reporter 457
Sections 3(c) and 4 --Definition of tenant is applicable with regard to working' out
permissible area of landowner or tenant; 1986 All India Land Laws Reporter 13
4. PERMISSIBLE AREA. -(1) The permissible area in relation to a land-owner or
tenant or mortgagee with possession or partly in one capacity or partly in another, of person
or family consisting of husband, wife and upto three minor children (hereinafter referred to as
"the Primary unit of family"), shall be, in respect of-
(a) land under assured irrigation capable of growing at least two crops in a year
(hereinafter referred to as the land under assured irrigation), 7.25 hectares; .
(b) land under assured irrigation capable' of growing at least one crop in a year, 10.9
hectares;
(c) land of all other types including land under orchard, 21.8 hectares. .
(2) The permissible area shall be increased by one-fifth of the permissible area of the
primary unit of family for each additional member of family;
Provided that the permissible area shall not exceed twice the permissible area of the
primary unit of family.
(3) The permissible area shall be further increased up to the permissible area of the
primary unit of a family for each separate unit: (Vide Act No. 17 of 1976).
Provided that where the separate unit also owns any land, the same shall be taken into
account for calculating the permissible area.
(4) -The permissible area shall be determined on the basis of valuation to be
calculated in the prescribed manner taking into consideration the ownership of the means of
irrigation, their intensity and such other factors as may be prescribed subject to the condition
that the total physical holding does not exceed 21:8. hectares.
(5) In determining the permissible area for the purpose of clause (a) of sub-section (1)
five hectare are of land under irrigation from privately-owned tubewells, pumping sets, etc.,
shall be equal to four hectares of land under irrigation from canal as defined in the Northern
India Canal and Drainage Act, 1873 (Central Act 8 of 1873) or from State tubewells as
defined in the Punjab State tubewells Act, 1954 (Punjab Act No. 21 of 1954).
(6) For evaluating the land of any person at any time under this Act, the land owned
by him immediately before the commencement of this Act as well as the land acquired by him
after such commencement by inheritance, bequest or gift from a person to whom he is an heir
shall be evaluated as if the evaluation was being made on the appointed day and the land
acquired by him after the appointed day in any other manner shall be evaluated as if the
evaluation was being made on the date of such acquisition.
CASE LAW
Ss. 4, 9 & 13 --Reserved Area--Permissible Area--Under Punjab Act, reserved area is
one reserved out of the entire land held by him, not exceeding the permissible area
Permissible area is defined under Haryana Act but there is no mention of reserved area
anywhere--Landowner can initiate proceedings for ejectment of a tenant only after the surplus
area is decided under the Haryana Act --Continuance of the ejectment proceedings after the
Haryana Act came into force, is inconsistent with the Haryana Act --No procedure has been
prescribed under the Haryana Act for ejectment of a tenant -- Concept of permissible limit in
Punjab Act must give way to the definition of permissible Area in Haryana A ct-- Until
decision of surplus area is taken application in Form K-2 may be kept pending --Punjab
Security of Land Tenures Act, 1953-S. 9(1) (i);1999 (1) All India land Laws Reporter 189
Sections 4, 8 and 12(3)--Provision are inconsistent--On the fact of it-Sections 2 and 8
are inconsistent with provisions of section 12(3) which was introduced by the amendment Act
of 1976-- Section 4 provides for the determination of surplus area --Section 8 has the effect of
saving certain transfers from the operation of the Act --Section 12(3) prescribes that the
permissible area for the tenant under the Punjab Law not vested in the Government shall be
deemed to have vested retrospectively in the State Government --From the appointed day --
Attach is on the point if the land vested in the Government there seems be no purpose to
determine the tenants permissible area --A closer and critical examination shows that these
sections are not irreconcilable-- Section 8 has not been repealed by the introduced section --A
harmonious way of construing these sections would be to give them effect with effect from
23rd December, 1972—Exclude transfer made upto 23.12.1972 from the operation of section
12(3)--Other transfer of land in excess of permissible area under the Punjab Law and Pepsu
Law would be protected if transferred prior to 30.7.1958 --And this is the harmonious way of
interpretation of Section --And in regards to conflict between sections 4 and 12(3)- -Other
provisions of the Act have to be pursued and that will show that there is no conflict in
between them; Vol. 29 (SUPP.) All India land laws Reporters 204
Section 4 --Second Wife --Cannot be treated as additional member or family --No
addition in permissible area of family unit can be allowed on account of second wife; 1989
(1) All India land laws Reporters 475
Sections 4 and 11 --Permissible area --Concept of --Ciling on land -- Concepts
applicable to both tenants as well as to landowner --No obligation placed on the landowner to
first select area for his self cultivation --Tenant has no locus stand: to challenge right of
reservation--Tenant has not right to be heard; 1989 (2) All India Land Laws Reporters 73
Sections 4, 12 and 15 --Tenant has no right to be heard in the matter of declaration of
surplus area of the landowner--Dispute is between the State and the landowner--Tenant has no
right to claim hearing in proceedings for determination of surplus area of landowner --Can
claim a hearing and assert his rights at the time of allotment of surplus area; 1989 (2) All
India Land Laws Reporters 73
Sections 4 and 9 --Authorities took possession of land after landlord selected the
permissible area --And handed over the same to tenant-Landowner challenged the action in
writ petition- -Take over area resorted to Landowner --Surplus area case has not been finally
decided--And till then any appeal by the tenants for possession is not competent--Order on the
applicant is totally uncalled for and vitiated --Punjab Security of Land Tenures Act, 1953 --
Sections 10; 1992 (2) All India Land Laws Reporters 5
Sections 4 and 7 --Land held by person whether as landowner or tenant should be
taken into consideration while calculating the permissible area --No person can be allowed to
hold land more than permissible area --Whether as tenant or as land-owner or in both
capacities; 1989 (1) All India land laws Reporter 509
Sections 4,7,9,10 and12--Landowner whose land had been declared surplus under the
Punjab Security of Land Tenures Act, 1953 and who has not been divested of ownership of
surplus area before the commencement of the Haryana Ceiling on Land Holdings Act is
entitled to select permissible area for his family and each of his son --Landowner entitled to
select permissible area for his adult son-Area would vest in the State only after selection is
made--Land would vest in the State which is capable of vesting under section 12(3) --Land
remaining surplus after selection which has been made by the landowner or by the Collector
would vest-- Section 4 and 7 --Son born after appointed day but before coming into force of
Act is entitled to additional Area;1988 (2) All India Land Laws Reporter 458
Sections 4 and 3(9) --Adult son —Proof of age in the absence of documentary
evidence—CMO‘s certificate as per radiological report age should be accepted; 1988 (2) All
India Land Laws Reporter 477
Sections 4 and 8 --Land transferred before 30.7.1956 cannot be taken into account
while determining surplus area; 1988 (2) All India Land Laws Reporter 112.
Sections 4 and 32 --Amendment made in the Act not retrospective-Amendment
legislation not to effect the rights which have already been determined; 1979 All India Land
Laws Reporter 397
5. ACT NOT TO APPLY TO CERTAIN LANDS. --The provisions of this Act
shall not apply to--
(a) Land owned by, or vested in, the State Government otherwise than under the
provisions of this Act, or the Central Government or the Faridabad Complex Administration
or a Municipal Committee or a Cantonment Board or a Gram Panchayat or the National Dairy
Research Institute, Karnal or such organisation under the administrative control of State or
Central Government, as the State Government may, by notification, specify;
(b) land belonging to registered co-operative societies formed for the purposes of co -
operative farming:
"Provided that the person joining the society as a member does not own or hold or
contribute to the society land in excess of his permissible area and the co-operative society so
formed does not own or hold land in excess of tl;le aggregate of the permissible area of its
members.: (Vide Act No. 17 of 1976) .
(c) land belonging to primary agricultural co-operative credit societies, land mortgage
banks, the State and the Central Co- operative banks and other banks.
EXPLANATION. -For the purpose of this clause 'bank' means Banking Company as
defined in section 5 of the Banking Regulation Act, 1949, the State Bank of India constituted
under the State Bank of India Act, 1955, Subsidiary Bank as defined in the State Bank of
India (Subsidiary Banks) Act, 1959, corresponding new bank constituted under the Banking
Companies (Acquisition and Transfer of Undertaking) Act, 1970, and any other financial
institution notified by the State Government as a bank for the purpose of this Act;
(d) land leased by the Haryana State Co-operative Land Mortgage Bank limited,
established under the Punjab Co-operative Land Mortgage Bank Act, 1957;
(e) land owned by the Haryana Agricultural University, Hissar, the Kurukshetra
University, Kurukshetra, or such other university as the State Government may, by
notification, declare.
(f) land owned by the Haryana Bhudan Yagan Board established under the Punjab
Bhudan Yagna Act, 1955.
CASE LAW
Sections 5 and 28-Notification issued that sales of surplus area before 15th
September, 1976 would stand exempted in case the vendor is not a relation of the vendee and
the surplus area purchased does not exceed 10 standard acres and that the surplus area has not
been utilised- All the conditions fulfilled--Sales cannot be ignored-Notification convers rights
on the vendees; 1983 (2) All India Land Laws Reporter 68
Section 5--Haryana Ceiling on Land Holdings Rules, 1973-Rules 5(2)-Illustration 4 --
intensity ratio--whole of the land within the command area under irrigation at 57% intensity --
Intensity ratio held to be property fixed; 1990 (1) All India Land Laws Reporter 188
Section 5- Tube- well existing on the site- Tube-well whether owned by the landlord
or by another person-Irrelevant consideration for the purpose of determining the surplus area -
- Ownership of the tube-well may be of the landlord of some other private person; 1990 (1)
All India Land Laws Reporter 188
5A. EXEMPTION OF LANDS BELONGING TO RELIGIOUS OR
CHARITABLE INSTITUTIONS. (Vide Act No. 14 of 1983) --Notwithstanding any
judgment, decree or order of any court or authority the provision of this Act shall not apply to
lands belonging to any religious or charitable institutions, the provision of this Act shall not
apply to lands belonging to any religious or charitable institutions, of a public nature in
existence immediately before the day of commencement of this Act, but not belonging to the
Mahant, Mohatamin or manager thereof:
Provided that the exemptions specified herein shall be admissible till such time only
as the land or income therefrom is utilised for the specified purpose of such institution and
shall not be admissible to the lessees of such lands:
Provided further that except in the case of land belonging to institutions, registered
under the Indian Trusts Act, 1882 (Central Act NO.2 of 1882), or regulated by any statue such
as the Sikh Gurdwaras Act, 1925 (Punjab Act No.8 of 1925), the Waqf Act, 1954 (Parliament
Act 29 of 1954), or customarily recognised, the onus to prove that the land is exempt under
this section, shall lie on the persons claiming the exemption.
EXPLANATION--For the purpose of this section, religious or charitable institution
means-.
(i) a temple;
(ii) a Gurdwara;
(iii) a Gowshala;
(iv) a Waqf as defined in clause (ii) of Section 3 of the Waqf Act, 1954 (Parliament
Act No. 29 of 1954); or
(v) any other religious place of public nature"
CASE LAW
Section 5-A--Exemption-Exemption claimed not be ground that the institution is in
Adra and was granted muafi-Institution not a registered trust nor covered by any statutory
provision-Factors to be considered for granting exemption in dictated as under- Nature of
endowment whether permanent or inalienable to be considered --Uses to which income is put
to be taken into consideration, nature of management and of beneficiaries to be taken of; 1984
(2) All India Land Laws Reporter 212
Section 5-A (as inserted by Haryana Amendment Act 17 of 1973) and section 23 --
Property belonging to religious and charitable institutions exempted from the provisions of
the Act-Land belonging to such institutions not to be treated as surplus, area; 1989 (1) All
India Land Laws Reporter 203
6. ACT TO OVERRIDE OTHER LAWS DECREES, ORDERS, ETC.
Save as otherwise expressly provided in this Act, the provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law for the time
being in force or any instrument having effect by virtue of any such law or any usage,
agreement settlement, grant, stand or any decree or order of any court or other authority.
CHAPTER II
Ceiling on Land and Acquisition and Disposal of Surplus Area
7. CEILING ON LAND. - Notwithstanding anything to the contrary contained in
any law, custom, usage or agreement, no person shall be entitled to hold whether as
landowner or tenant or as a mortgage with possession or partly in one capacity or partly in
one capacity or partly in another, land within the State of Haryana exceeding the permissible
area on or after the appointed day.
EXPLANATION. --Where the person is a family including the separate unit, if any,
the land owned or held by such person together with the land owned or held by the members
of the family and the separate unit shall be taken into account for the purposes of calculating
the permissible area. (Vide Act No.17 of 1976)
8. CERTAIN TRANSFERS OR DISPOSITIONS NOT TO AFFECT SURPLUS
AREA. - (1) Save in the case of land acquired by the Union Government or the State
Government under any law for the time being in force or by a tenant under the pepsu law or
the Punjab law or by an heir by inheritance, no transfer or disposition of land in excess of-
(a) the permissible area under the Pepsu law or the Punjab law after the 30th day of
July, 1958; and
(b) the permissible area under this Act, except a bona fide transfer, or disposition
after the appointed day,
shall affect the right of the State Government under the aforesaid Acts to the surplus
area to which it would be entitled out for such transfer or disposition:
Provided that any person who has received an advantage under such transfer, or
disposition of land shall be bound to restore it, or to pay compensation for it, to the person
from whom he received it. (Vide Act No. 17 of 1976)
(2) The burden of proving the transfer or disposition to be a bona fide one shall be on
the transfer.
(3) If any person transfers or disposes of any land after the appointed day in
contravention of the provisions of sub-section (1), the land so transferred or disposed of shall
be deemed to be owned or held by that person in calculating the permissible area. The land
exceeding the permissible area so calculated shall be the surplus area of the person and in
case the area left with him after such transfer or disposition is equal to the surplus area so
calculated, the entire area left with him shall be deemed to be the surplus area. If the area left
with him is less than the surplus area so calculated, the entire area left with him shall be
deemed to be the surplus area and to the extent of the deficiency in it the land so transferred
or disposed of shall also be deemed to be the surplus area. If there is more than one transferee,
the deficiency of the surplus area shall be made up from each of the transferees in the
promotion to the land transferred or disposed of to them. (Vide Act No. 17 of 1976)
CASE LAW
Section 8(1) --Land owner whose surplus area case is being decided under Pb.
Security of Land Tenures Act cannot be allowed to benefit Of land sold before 30.7.58 under
Section 8(1) of Ceiling Act; Smt. Kaushalya Devi v. State of Haryana through the
Collector, Hisar : 2002(1) ALL INDIA LAND LAWS REPORTER (F.C. Har.) 144
S. 8(1) (b)--Transfer of land effected before the date on which surplus proceedings
were taken and after the appointed day -- Cannot be said to be a bonafide transfer --Surplus
area is to vest in the State, if it exceeds permissible area --And thereafter only the transferee
could be touched--No notice given to the petitioner, the bonafide purchaser, by the Collector,
orders of the Collector and F.C. are liable to be se)'aside --Remanded to Collector to decide
the matter afresh after giving an opportunity to all; All India land laws Reporter 106.
S. 8(1) (b) a bonafide purchaser after the appointed day is protected-Burdan to prove
bonafides would lie on the transferor- -But the purchaser i.e. the petitioner herein is an
interested party and a necessary party --Deserves to be issued a notice, a mandatory
requirement of the Act to enable him to safeguard his interest in the proceedings; All India
Land laws Reporter 106.
Sections 8 and 9 --Sale of land after 23.12.1972 --Surplus area declared later on Sold
area falling in surplus area --Act whether gives any protection to transfers --Held "No" --Act
safeguards interest of State-Notice to transfree necessary; 1987 (2) All India land laws
Reporter 487
Sections 8,9 & 11 (3) --Surplus Area-- Transfer from surplus area -- Law treats all
transfers of land affected after cut-off date as void --Court can not infuse any life into such
dead transactions-- In the present case, the transfer was even much after the surplus area had
been declared--Vendees may have suffered because of mechanism applied by area had been
declared--vendees may have suffered because of mechanism applied by landowner-They are
to blame themselves for the situation --Vendees have no locus standi to either claim a notice
under Section 11 (3) of the Act or to request that area purchased may be treated as permissible
area of the landlord; 1998 (1) All India Land laws Reporter 160
Section 8, 9, 11 and 12-- Transfer of land after 23rd December, 1972-Not to be taken
into consideration--Fact that transfer are bonafide is irrelevant --Provisions of Section 8 and 9
are mandatory; 1990 (1) All India Land laws Reporter 395
S. 8--Punjab Security of Land Tenures Act, 1953 --Ss. 10.A and 19- -A Land of :ON"
was declared surplus in 1960--Was not utilised till her death in 1968 when it was inherited by
the heirs of "N"- -Such heirs claim to have become small landowners and as such entitled to
retain the land in dispute under S. 8 of Punjab Act -- In case of death of big land owner, the
surplus case is to be decided again by Revenue Authorities --8tate Government is not
competent to utilise the surplus area in the hands of the heirs, small land owners-Orders of the
Collector, Commissioner and the Financial Commissioner, to the contrary are challenged --
The restriction imposed is found to be within the powers of the Government --Administrator
may examine each petitioner; so as to ascertain if a trader or shopkeeper manufactured, or
stored any offensive or dangerous material specified in clauses (a) to (f) of Section 128(1) of
the Act-Persons doing so may be charged the fee and issued a license --Haryana Municipal
Act, 1973--Section 128;1998 (1) All India land laws Reporter 260
Sections 8 and 12 --Land transferred by a way of decree passed before 30th July,
1951--Decree ignored --Land declared surplus -- Land remaining unutilised and in the
meantime death of the landowner taking place in 1976-Another sale taking place in 1979 --
Sale ignored as made after 30th December, 1972 --Earlier sale made before 30th July, 1958
can be taken note of-- Benefit can be given--Vendee as purchasers after 23rd December, 1972
of a sale prior to 30th July, 1958 entitled to the protection and land cannot be declared
surplus; 1990 (1) All India Land Laws Reporter 282
Sections 8, 12(3), and 33 --Death of landowner after 22nd December, 1972, when
proceedings continuing under the Punjab Security of land Tenures Act --Would not effect the
surplus area- Surplus area to be determined by ignoring the factum of death -- Surplus land to
be surrendered as on 23rd December, 1971; 1990 (1) All lndia Land Laws Reporter 291
Section 8--Punjab Security of Land Tenures Act, 1953--Section 10- B-Surplus land if
not utilised during the life time of the landowner falls to the heirs on this death --Surplus area
is to be re- determined quo the heirs-Benefit of Section 10-B of Land Tenures Act cannot be
denied after the enforcement of Haryana Ceiling Act, 1972; 1993 (2) All India Land Laws
Reporter 337
Section 8--Land transferred before 30th July, 1958 --Landowner transferring land in
favour of his sons to the extent of 3/4th share --3/4th share to be taken pro rate from each
portion of the land --Position would have been different if specific numbers had been sold;
1984 (2) All India Land Laws Reporter 114
Section 8--Punjab security of Land Tenures Act, 1953 -- Surplus area declared under
Punjab Act has to be redetermined under the Haryana Ceiling Act but after alienation
challenged in courts are decided-Collector concernedly directed to entire holding of the father
of the petitioner who was alive in 1953 and died in 1960 and redecide the surplus area
question having regard to the alienations made by father of the petitioners having been
declared void; 1993 (2) All India Land Laws Reporter 355
Sections 8 and 12(3)-Surplus land which had been gifted, transferred or disposed off
by the landowners before July 30, 1958, shall not vest in the State and as such is not available
for utilisation in accordance with utilisation of surplus and Other Area Scheme --1976--
Petition success--Orders of the F.C. set aside; 1993 (2) All India Land Laws Reporter 315
Sections 8, 12 and 33 --Punjab Security of land Tenures Act, 1953-Section 8 --
Purchase of land under Section 18 and exemption --Exemption to land purchased available
only in accordance with the provisions of resettlement scheme --Exemption not available in
the case nor covered by Section 8-Entitlement of the landowner to be seen 23rd December,
1972--Death of the landowner irrelevant consideration; 1990 (1) ALL India Land Laws
Reporter 292
Sections 8 and 9 --Surplus area --Section by landowner to be respected-Notice to
transferee held not necessary; 1987 (2) All India Land Laws Reporter 487
Section 8--Bona fide of Sale --Agreement exercised before 24.1.1971-Authorised not
to ignore the same because sale is executed after 24.1.1971-Should go into the question of
bona fide of sale; 1988 (2) All India Land Laws Reporter 458
Section 8(3)--Petitioner purchased a piece of land from a big Landowner after the act
came into force --Allotment authority allotted land to Respondents 2 and 3 as surplus land-
Petitioner contested the order upto Commissioner Level and lost the case -- Petitioner is now
in revision before the Financial Commissioner Haryana contents that Land should be deemed
to be owned by the Landowner while calculating the surplus area -- The transaction being
bona fide land cannot be used for resettling the tenants -- Held--In case the area left with her
after transfer--If any exceeds the land under dispute i.e. 34 Kanals and 16 marlas, the area left
with her to the extent of 35 kanals 16 marlas from her own permissible area be utilised --
However, if the area left with the landowner is less than the land under dispute i.e. 35 kanals
16 marlas then the area of the petitioner to the extent of deficiency as laid down in Section
8(3) of the Act ibid be utilised; 1990 (2) All India Land Laws Reporter 518
9. SELECTION OF PERMISSIBLE AREA AND PERSONS REQUIRED TO
FURNISH DECLARATION. --(1) Every person, who on the appointed day or at any time
thereafter holds land exceeding the permissible area, shall, within a period of three months
from such date as the State Government may, by notification specify in this behalf or
subsequent acquisition of land, furnish to the Prescribed Authority a declaration supported by
an affidavit giving the particulars of a 1,1 his land and that of the separate unit in the
prescribed form and manner and stating therein his selection of the parcel or parcel of land
not exceeding in the aggregate the permissible area which he desires to retain:
Provided that in case of a member of the Armed Forces of the Union, the last date for
furnishing the declaration shall be the 31st October, 1976.
EXPLANATION I. -Where the person is a member of the family, he shall include in
his declaration the particulars of land held by him and also of land, if any, held by other
members of the family, and the separate unit.
EXPLANATION II. -In calculating the extent of land owned Of held by a person the
share of such person inExcerpt shown. Open the full act in Lexace.