The URBAN LAND (CEILING AND REGULATION) ACT, 1976

lHE
L
RBAN
LAN D
(CEILING
AND
REGULATIf3N)
ACT,
'9y6
No.
33 or 19'/6
(l7th
f'ebruarp,
19"ti)
An
.Act to provide for the imposition of a
ceiling
on
vacant
land
in urban agglomerations, for the acquisition of such land in
excess
of
the
ceiling
limit, to regulate the construction of
buildings
on
such
land
and
for matters connected therewith,
with a
view
to preventing the concentration of urban land in
the hands of a
few
persons
and
s;aecu1ation
and
profiteeririp°
therein and with a
view
to brinsing about an equitable distri-
bution
of land in urban agglomerations to subserve the common
good.
Wirsnzas
it is expedient to provide for the imposition of a
ceiling
on
vacant
land
in urban agglomerations, for the acquisition of such land in
excess
of the ceiling limit, to regul ate the construction of buildings on
such
land
and
for matters connected therewith, with a
view
to prevent-
ing
the
concentrat'on
of
urban
land
in the hands of a
few
persons
and
speculation
and
profiteering
therein
and
with
a
view
to bringing about
an rquit able distribution of land in urban agglomerations to subserve the
common
good;
ANQ
3VHEnEAs
Parliament
has. no power to Jake laws
for
the
States
v-ith
respect
to the matters aforesaid except as provided in articles 24fi
 end 250 of the Constitution ;
THE URBAN LAND (CEILING AND REGULATION)
ACT, 1976
No. 33 OF 1976
[17th February, 1976]
An Act to provide for the imposition of a ceiling on vacant land
in urban agglomerations, for the acquisition of such land in
excess of the ceiling limit, to regulate the construction of
buildings on such land and for matters connected therewith,
with a view to preventing the concentration of urban land in
the hands of a few persons and speculation and profiteering
therein and with a view to bringing about an equitable distri-
bution of land in urban agglomerations to subserve the common
good.
WHEREAS it is expedient to provide for the imposition of a ceiling on
vacant land in urban agglomerations , for the acquisition of such land in
excess of the ceiling limit, to regulate the construction of buildings on
such land and for matters connected therewith , with a view to prevent-
ing the concentration of urban land in the hands of a few persons and
speculation and profiteering therein and with a view to bringing about
an equitable distribution of land in urban agglomerations to subserve the
common good;
AND WHEREAS Parliament has, no power to lna$e laws for the States
withrespect to the matters aforesaid except as providedin articles 249
and 250of theConstitution;
5p
tt
title,
applica-
tion
and
commen-
cement.
DeFxu_
li0ns.
FACT
33
AND
WHEREzs
in pursuance of clause (1) of article 252 of the Consti-
tution
resolutions
have
been
passed
by
all the Houses of the Legislatures
of
the
States
of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh,
Karnataka,
Maharashtra,
Orissa,
Punjab,
Tripura,
Uttar
Pradesh
and
West
Bengal
that
the
matters
aforesaid
should
be
regulated
in
those
States
by
Parliament
by
law;
Be
it enacted by Parliament
in
the
T
wenty-seventh
Year
of
the
Republic
of India as follows: —
CHAPTER
I
‘
PAELlMINARY
1. (I) This Act may be called the Urban Land (Ceiling and Regula-
tion)
Act,
l97fi.
•
(2) It applies in the first instance to the whole of the States or Andhra
Pradesh,
Gujarat,
Haryana,
Himachal
Pradesh.
Karnataka,
Maharashtra,
Orissa,
Pun
jab,
Tripura,
Uttar
Pradesh
and
West
Bengal
and
to all the
»
Union
territories
and
it shall also apply to such other State which adopts
this Act by resolution passed in that behalf under clause (1) of article 252
of the Constitution.
(.3) It shall come into force in the States of Andhra Pradesh, Gujarat,
Haryana,
Himachal
Pradesh,
Karnataka,
Maharashtra,
Orissa,
Punjab,
Tripura,
Uttar
Pradesh
and
West
Bengal
and
in the Union territories at
once
and
in any other State which adopts this Act under clause (1) of
article
252
of the Constitution, on the date of such adoption; and, save
as otherwise provided in this Act, any reference in this Act to the com-
mencement
of this Act shall, in relation to any State or Union territory,
mean
the
date
on
which
this Act comes into force in such State or Union
territory.
CHAPTER
II
If F HIT I ONS
2. In this Act, unless the context otherwise requires,—
(o) “appointe‹i ‹ray” rrieans,—
(i) in relation to any State to which this Act applies in ttie
first instance, the date of introduction of the Urban Land (Ceil-
ing
and
Regulation)
Bill, 197fi in Parliament; and
(ti} in relation to any
State
which
adopts
this
Act
under
clause
(1) of article 252 of
the
Constitution,
the
date
of such
adoption;
tb)
“building
regulations”
means
the
regulations
contained
in
the
master
plan,
or the law
in force
governing
the
construction
of
buildings;
(c) “ceiling limit” means the ceiling limit specified in section 4;
(d)
“competent
authority”
means
any
person
or
authority
authorised
by
the
State
Government,
by
notification
in
the
Official
Gazette,
to perform the functions of the competent authority under
this
Act
for
such
area
as
may
be
specified
in
the
notification
and
diflerent
persons
or
authorities
may
be
authorised
to
perform
different
functions;
(e) “dwelling unit”, in relation to a
building
or a
portion
of a
building,
means
a
unit
of accommodation, in such buildin g
or portion.
used
solely
for the purpose of residence;
({) “family”, in relation to a
person,
means
the
individual,
the
wife
or husband, as the case may be, of such individual and their un-
 married minor children.
Short
title,
applica_
tion and
commen-
cement.
Defn L
Lions.
2 Urban Land (Ceiling and Regulation) LACT 33
AND WHEREAS in pursuanceof clause (1) of article 252 of the Consti-
tution resolutions have been passed by all the Houses of the Legislatures
of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh,
Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and
West Bengal that the matters aforesaid should be regulated in those
States by Parliament by law;
BE it enacted by Parliament in the Twenty-seventh Year of the
Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Urban Land (Ceiling and Regula-
tion) Act, 1976.
(2) It applies in the first instance to the whole of the States of Andhra
Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra,
Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and to all the
Union territories and it shall also apply to such other State which adopts
this Act by resolution passed in that behalf under clause (1) of article 252
of the Constitution.
(3) It shall come into force in the States of Andhra Pradesh, Gujarat,
Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab,
Tripura, Uttar Pradesh and West Bengal and in the Union territories at
once and in any other State which adopts this Act under clause (1) of
article 252 of the Constitution, on the date of such adoption; and, save
as otherwise provided in this Act, any reference in this Act to the com-
mencement of this Act shall, in relation to any State or Union territory,
mean the date on which this Act comes into force in such State or Union
territory.
CHAPTER II
DEFINITIONS
2. In this Act, unless the context otherwise requires,-
(a) "appointed day" means,-
(i) in relation to any State to which this Act applies in the
first instance , the date of introduction of the Urban Land (Ceil-
ing and Regulation ) Bill, 1976 in Parliament; and
(ii) in relationto any State which adopts this Act under
clause(1) of article 252 of the Constitution, the date of such
adoption;
(b) "building regulations" means the regulations contained in
the master plan, or the law in force governing the construction of
buildings;
(c) "ceiling limit " means the ceiling limit specified in section 4;
(d) "competent authority" means any person or authority
authorised by the State Government, by notification in the Official
Gazette, to perform the functions of the competent authority under
this Act for such area as may be specified in the notification and
different persons or authorities may be authorised to perform
different functions;
(e) "dwelling unit", in relation to a building or a portion of a
building, means a unit of accommodation, in such building or portion.
used solely for the purpose of residence;
(f) "family" , in relation to a person, means the individual, the
wife or husband, as the case may be, of such individual and their un-
married minor children.
a
2
o4l924.
OF
197 I
Urbett
Leitd
(Cutting
and
Begutetion)
3
£zplonAtion.—For
the
purpose
of
this
clause,
"minor"
means
a
person
who
has
not
completed
his
or her age of eighteen yeers;
(g1
"land
appurtenant",
in
relation
to
any
building,
means—
(i) in an area where there are building
regulations,
the
minimum
extent
of land required under such regulations to be
kept
as open space for the enjoyment o1 such building, which in
no
case
shall
exceed
five
hundred
square
metres;
or
(ii) in an area where there are no building regulations, en
extent
of five hundred square metres contiguous to
the
land
occ
red
by
such
building,
and
includes,
in the case of any building
constructed
before
the
appointed
day
with a
dwelling
unit
therein,
an
additional
extent
not
exceeding
five
hundred
square
metres
of land, if any, contiguous to
the.' minimum extent referred
to
in
sub-clause
(i) or
the
extent
referred
to in sub-clause (ii), as the case may be;
(h)
"master
plan",
in relation to an area within an urban agglo-
meration
or
any
part
thereof,
means
the
plan
(by
whatever
name
called)
prepared
under
any
law
for
the
time
being
in force or in
pursuance
of an order made by the State Government for the de-
velopment
of such area or part thereof and providing for the stages
by
which
such
development
shall
be
carried
out;
(i) "person" includes an individual, a
family,
a
firm, a
company,
or
an
association
or
body
of
individuals,
whether
incorporated
or
not;
(j) "prescribed" means prescribed by rules made under this Act;
(k)
"State"
includes
a
Union
territory
and
"State
Government",
in relation to any land or building situated in a
Union
territory
or
within
the
local
limits
of a
cantonment
declared
as such under sec-
tion 3
of the Cantonments Act 1924, means the Central Government:
(1) "to hold" with its grammatical variations, in relation to any
vacant
land,
means
(i) to ov
such
land;
or
(ii) to possess such land as owner or as tenant or as mort-
gagee
or un‹ier an irrevocable power of attorney or under a
hire-
purchase
agreement
or partly in one o1 the said capacities and
partly
in any other o1 the said capacity or capacities.
detonation.—Where
the
same
vacant
land
is held by one person
in one capacity and by another person in another capacity, then, for
the
purposes
of this Act, such land shall be deemed to be held by
both
such
persons;
fm)
"Tribunal"
means
the
Urban
Land
Tribunal
constituted
cruder
section
12;
(n)
“urban
aggIomeration”,—
(A)
in relation to any State or Union territory specified in
column
(1} of Schedule I, means,—
(i) the urban agglomeration specified in the correspond-
ing
entry
in column (2) ther or and includes the peripheral
area
specified
in
the
corresponding
entry
in
column
(3)
thereof;
and
(*i) any other area which the State Government may,
w5th
the
previous
approval
of
the C pntra l
Government,
having
regard
to
its location, population (population being
more
than
one
lakh)
and
such
otber
relevant
factors
as the
 circumstances of the case may yequite, by notification in the
OF 1976] Urban Land (Ceiling and Regulation) 3
Explanation.-For the purpose of this clause, "minor" means a
person who has not completed his or her age of eighteen years;
(g) "land appurtenant", in relation to any building, means-
(i) in an area where there are building regulations, the
minimum extent of land required under such regulations to be
kept as open space for the enjoyment of such building, which in
no case shall exceed five hundred square metres; or
(ii) in an area where there are no building regulations, an
extent of five hundred square metres contiguous to the land
occupied by such building,
and includes, in the case of any building constructed before the
appointed day with a dwelling unit therein, an additional extent not
exceeding five hundred square metres of land, if any, contiguous to
the minimum extent referred to in sub-clause (i) or the extent
referred to in sub-clause (ii), as the case may be;
(h) "master plan", in relation to an area within an urban agglo-
meration or any part thereof, means the plan (by whatever name
called) prepared under any law for the time being in force or in
pursuance of an order made by the State Government for the de-
velopment of such area or part thereof and providing for the stages
by which such development shall be carried out;
(i) "person" includes an individual, a family, a firm, a company,
or an association or body of individuals, whether incorporated or
not;
2 of 1924.
(j) "prescribed" means prescribed by rules made under this Act;
(k) "State" includes a Union territory and "State Government",
in relation to any land or building situated in a Union territory or
within the local limits of a cantonment declared as such under sec-
tion 3 of the Cantonments Act. 1924, means the Central Government:
(1) "to hold" with its grammatical variations, in relation to any
vacant land, means-
(i) to own such land; or
(ii) to possess such land as owner oras tenantor as mort-
gagee or under an irrevocable power of attorney or under a hire-
purchase agreement or partly inone ofthe said capacities and
partly in any other of the said capacityor capacities.
Explanation.-Where the same vacant land is held by one person
in one capacity and by another person in another capacity, then, for
the purposes of this Act, such land shall be deemed to be held by
both such persons;
fm) "Tribunal" means the Urban Land Tribunal constituted
under section 12;
(n) "urban agglomeration",-
(A) in relation to any State or Union territory specified in
column (1) of Schedule I, means,-
(i) the urban agglomeration specified in the correspond-
ing entry in column (2) thereofand includesthe peripheral
area specified in the corresponding entry in column (3)
thereof; and
(ii) any other area which the State Government may,
with the previous approval of the Central Government,
having regard to its location, population (population being
more than one lakh) and such other relevant factors as the
circumstances of the case may require, by notification in the
4
Offieial
Crasette,
declare
to
be
an
urban
agglomeration
and
any
agglomeration
so declared shall be deemed to belong to
category
D
in that Schedule and the peripheral area therefor
shall
be one kilometre;
(B)
in relation to any other State or Union ter ritory, means
any
area
which
the
State
G
over nment may, with the previous
.
aJproval
of
tl:e Cen traI
Governinsnt,
ha ving regard to i t.s 10ca-
tion, population (pop ulation being more than one lakh) si:d such
cther
re levant factors as the circumslances or
the
ciise
may
require,
by
no tilication in
the
Official
Gazette,
declare
to b s
an
urban
aggiomer
ation
and
any
agglomeration
so declared shall be
deemed
to belong to category D
in Schedule I
and
the
;veripheral
°rea
therefor
shall
be
one
kilom
etre;
*
t o) “urban land” means,—
(i) any land situated within the limits of an urban agg'o -
,
we: a*ion and relerr ed 'o as such in the master plan; eu-
(‹i) in a
case
where
there
is no master plan, or \vhere the
master
plan
does
not
ref er to any land as iirban land, any land
within
the
limits
of
an
urbaii
agglomerati
on
and
situr:ted
in
any
area
inclu ded within the local limits of a r
unicipaiity
(by
ivhatever
name
called) , a
notificd
area
committee.
a
toivn
area
committee,
a
city
and
town
committee.
a
small
town
committee,
a
eantonment
board
or a
panchayat,
but
does
not
include
any
such
and
which
is mainly
used
for
the
purpose
of agriculture.
Ezpfonotion.—For
the
purpose
of
this
clause
and
clause
(q),—
(A) ‘
agriculture”
includes
hor*iculture,
but
do es
not
include—
(t) raising of grass,
(ii) dairy Farming,
(tii) poultry farming,
(ir)
breeding
of live-stock, and
(o)
such
cultivation,
or
the
growing
of such plant, as
may
be
prescribed;
(B)
land
shall
not
be
deemed
to
be
used
mainlv
for
the
p urpose of agriculture, if such land is not entered in the revenue
or land records before the appointed day as for the purpose of
‘
agriclilture:
Provided
that
where
on
anv
lancl
v/Iaich
is entered in the
revenue
or
land
records
before
the
‹.ppo'nted
day
as
for
the
purpose
of agriculture, there iS a
buil ding
which
is not in the
nature
ob a
farm-house,
then,
so
much
ot
the
extent
of
such
land
as
is occupied by the buil ding shall not be deemed to be
used
mainly
for
the
purpose
of agr iculture:
Provided
further
that
if ariy question arises wtieth er
any
bn ilding is in the nature of a
farm-house,
such
question
shall
be
referred
to the State Government and the decision of the State
Government
thereon
shale
be
final;
(C)
notwi
thstandiriy
anythiri e
contained
in
clause
(B)
of'
this E
Emotion,
land
shall
not
be
deemed
to be msinly used
for
the
purpose
of
agriculture
if the land has been specified in
 the m äs tr•r plan for a purpose other than agric ulture ;
4 Urban Land (Ceiling and Regulation) [ACT 33
Official Gazette, declare to be an urban agglomeration and
any agglomeration so declared shall be deemed to belong to
category D in that Schedule and the peripheral area therefor
shall be one kilometre;
(B) in relation to any other State or Union territory, means
any area which the State Government may, with the previous
approval of the Central Government, having regard to its loca-
tion, population (population being more than one lakh) and such
other relevant factors as the circumstances of the case may
require, by notification in the Official Gazette, declare to be an
urban agglomeration and any agglomeration so declared shall be
deemed to belong to category D in Schedule I and the peripheral
area therefor shall be one kilometre;
(o) "urban land" means,-
(i) any land situated within the limits of an urban agglo-
meration and referred to as such in the master plan; or
(ii) in a case where there is no master plan, or where the
master plan does not refer to any land as urban land, any land
within the limits of an urban agglomeration and situated in
any area included within the local limits of a municipality (by
whatever name called), a notified area committee, a town area
committee, a city and town committee, a small town committee,.
a cantonment board or a panchayat,
but does not include any such land which is mainly used for the
purpose of agriculture.
Explanation.-For the purpose of this clause and clause (q),-
(A) "agriculture" includes horticulture, but does not
include-
(i) raising of grass,
(ii) dairy farming,
(iii) poultry farming,
(iv) breeding of live-stock, and
(v) such cultivation, or the growing of such plant, as:
may be prescribed;
(B) land shall not be deemed to be used mainly for the
purpose of agriculture, if such land is not entered in the revenue
or land records before the appointed day as for the purpose of
agriculture:
Provided that where on any land which is entered in the
revenue or land records before the appointed day as for the
purpose of agriculture, there is a building which is not in the
nature of a farm-house, then, so much of the extent of such
land as isoccupied by the building shall not be deemed to be
used mainly for the purpose of agriculture:
Provided further that if any question arises whether any
building is in the nature of a farm-house, such question shall be
referred to the State Government and the decision of the State
Government thereon shall be final;
(C) notwithstanding anything contained in clause (B) of
this Explanation, land shall not be deemed to be mainly used
for the purpose of agriculture if the land has been specified in
the master plan for apurpose other than agriculture;
or
19T61
(p) “urbanisable land”
means
land
situated
within
an
ui ban
agglomeration,
but
not
beihg
urbân
land;
(9) “vacant land” means land, ñot being land mainly used for
the
purpose
of agriculture, in an urban agglorneration, but tloes not
include
(iâ land on which construction of a
building
is no: permis-
sible
under
the
building
regulations
in force in the area in which
such
land
is situated;
(ii) in an area whert there are building
regulations,
tht
land
'occupied
by
any
building
which
has
been
constructed
before,
or is being constructed on, the appointed day with the approval
of the appropriate author i*7
A
nd
the
land
appurtenant
to
such
building;
and
(iii) in an area where there are no building regulations, the
land
occtiiyied
by
any
building
which
has
been
constructed
be tore, or
is being constructed on, the appointed
day
and
the
!and
appurten
ant
tb such buil din g.
Pros•ided
that
where
any
person
ordinarily
keeps
his cattle, other
than
for
the purpose of dairy farming or for the purpose of breedinit
ot live-stock, on any
land
situated
in a
village
within
an
urban
agglomeration
(described
as a
village
in
the
revenue
records).
then.
so much extent of the lan.d as has been ordinarily used for the keep-
ing of such cattle immeé{iately before the appointed day shall not be
deemed
to be vacant land for the purposes or this clause.
CHAPTER
III
3. Except as otherwise provided in this Act, on and from the com-
mencement
of this Act, no person shall be entitled to hold any vacant
land
in
excess
of the ceiling limit in the territories to which this Act
applies
under
sub-section
(P) of section 1.
4. (i) isubject to the other provisions of this
section,
in t he
case
of
every
pei son, the ceiling limit shall be,—
(n) where the vacant land is situated in an urban agglomeration
falling
within
category
A
specified
in
JSchedule
I,
five
hundred
square
metres;
(b) where such land is situated in an urban agglomeration fall-
ing
within
category
B
specified
in Schedule I, one thousand sr'u are
metres;
(c) where such land is situated in an urban agglomeration fallin°_
within
category
C
specified
in Schedule I, one thousand five hundred
square
metres;
(dl where such land is situated in an urban agelomeration faI l-
ine
within
category
D
specified
in Schedule I, iv-o thousand squares
 metres.
Persons
not
en-
titles
to hold
vacant
land
in
excesa
:t the
eiling
Ceiling
iiniit.
of 1976] Urban Land (Ceiling and Regulation)
(p) "urbanisable land" means land situated within an urban
agglomeration, but not being urban land;
(q) "vacant land" means land, not being land mainly used for
the purpose of agriculture, in an urban agglomeration, but does not
include-
(i) land on which construction of a building is not permis-
sible under the building regulations in force in the area in which
such land is situated;
(ii) in an area where there are building regulations, the
land occupied by any building which has been constructed before,
or is being constructed on, the appointed day with the approval
of the appropriate authority and the land appurtenant to such
building; and
(iii) in an area where there are no building regulations, the
land occupied by any building which has been constructed
before, or is being constructed on, the appointed day and the
(and appurtenant tb such building:
Provided that where any person ordinarily keeps his cattle, other
than for the purpose of dairy farming or for the purpose of breeding
of live-stock, on any land situated in a village within an urban
agglomeration (described as a village in the revenue records), then,
so much extent of the land as has been ordinarily used for the keep-
ing of such cattle immediately before the appointed day shall not be
deemed to be vacant land for the purposes of this clause.
CHAPTER III
CEILING ON VACANT LAND
3. Except as otherwise provided in this Act, on and from the com-
mencement of this Act, no person shall be entitled to hold any vacant
land in excess of the ceiling limit in the territories to which this Act
applies under sub-section (2) of section 1.
Persons
not en-
titled
to hold
vacant
land in
excess
of the
ceiling
P.mit
4. (1) Subject to the other provisions of this section, in the case of Ceiling
every person, the ceiling limit shall be,- iindt.
(a) where the vacant land is situated in an urban agglomeration
falling within category A specified in Schedule I, five hundred
square metres;
(b) where such land is situatedin anurban agglomeration fall-
ing within category B specified in Schedule I, one thousand square
aietres;
(c) where such land is situated in an urban agglomeration falling
within category C specified in Schedule I, one thousand five hundred
square metres;
(d) where such land is situated in an urban agglomeration fall-
ing within category D specified in Schedule I, two thousand square
metres.
6
Urben
Land
(Ceiling
ord
Regtilotion)
[xcT 33
(2) Where any person holds vacant land situated in two or more cate-
gories
of urban agglonierations specified
in
Schedule
I, then,
for
the
purpose
of calculating the extent of vacant land held by him,—
(a) one square metre of vacant land situated in an urban agglo-
ineration
falling
within
category
A
shall
be deemed to be equal to
two
square
metres
of vacant land situated in an urban agglomeration
falling
within
category
B, three square metres of vacant land situat-
ed
in an urban
agglomeration
I alling within category C
and
four
square
metres
of vacant land situated
in
zn
urban
agglomeration
falling
within
category
D;
(b) one square metre ot vacant land situated in an urban agglo-
meration
falling
within
category
B
shall
be
deemed
to
be
equal
to
orie and one-half square rrietres of vacant land situated in an urban
agglomeration
falling
within
category
C
and
two
square
metres
of
vacant
land
situated
in an urban agglomeration falling within cate-
gory
D;
and
(c) one square metre of vacant land situated in an urban agglo-
meration
I alling within cate gory C
shall
be
deemed
to be eciual to
one
and
one-third
square
metres
of vacant land situated in an urban
agglomeration
falling
within
category
D.
(3) Notwithstanding anything contained in sub-section t*!, where in
respect
of any vacant land
any
scheme
for
group
housing
has
been
sanctioned
by
an
authority
competent
in this behalf immediately before
the
commencement
of this Act, then, the person holding such vacant land
at such commencement shall be entitled to continue to hold such land
for the purpose of group housing:
Provided
that
not
more
than
one
dwelling
unit
in the group housing
shall
be
owned
by
one
single
person :
Provided
further,
that
the
extent
of vacant land which such person
shall
be
entitled
to hold shall, in no case, exceed—
(a) the extent required under any building regulations govern-
ing
such
group
housing;
or
(b) the extent calculated by multipl ying the number of dwelling
units
in the group housing and the appropriate ceiling lim:t referred
to in sub-section (2),
whichever
is less.
Ezplnytotion.—For
the
purposes
of
this
sub-section
and
sub-section
( 10),—
(i) “group
housing
’
means
a
building
constrticted
or
to
be
constructed
With
one
or
more
floors,
each
floor
consisting
of one or
more
dv•el1ing
units
and
having
common
service
facilities:
(It) “common
service
f ability”
"ncludes
I acility
lik e
stair case,
balcony
and
verandah.
(4) (e) In any State to which› this Act applies in the first instance, if,
on
or after the 17th day of February, 19T5, but before the appointed day,
any
person
has
made
any
transfer
by
way
of
sale, mortgage, gift, lease
or
otherwise
(other
than
a
bon¢
5de
sale
under
a
registered
deed
for
valuable
consideration)
of any vacant land held by him and situated in
Such
State
to any other person, whether or not for consideration, then,
 for the purposes of calculating the extent of’ vacant land held by such
6 Urban Lard (Ceiling and Regulation) [ACT 33
(2) Where any person holds vacant land situated in two or more cate-
gories of urban agglomerations specified in Schedule I, then, for the
purpose of calculating the extent of vacant land held by him,-
(a) one square metre of vacant land situated in an urban agglo-
meration falling within category A shall be deemed to be equal to
two square metres of vacant land situated in an urban agglomeration
falling within category B, three square metres of vacant land situat-
ed in an urban agglomeration falling within category C and four
square metres of vacant land situated in an urban agglomeration
falling within category D;
(b) one square metre of vacant land situated in an urban agglo-
meration falling within category B shall be deemed to be equal to
one and one-half square metres of vacant land situated in an urban
agglomeration falling within category C and two square metres of
vacant land situated in an urban agglomeration falling within cate-
gory D; and
(c) one square metre of vacant land situated in an urban agglo-
meration falling within category C shall be deemed to be equal to
one and one-third square metres of vacant land situated in an urban
agglomeration falling within category D.
(3) Notwithstanding anything contained in sub-section (1), where in
respect of any vacant land any scheme for group housing has been
sanctioned by an authority competent in this behalf immediately before
the commencement of this Act, then, the person holding such vacant land
at such commencement shall be entitled to continue to hold such land
for the purpose of group housing:
Provided that not more than one dwelling unit in the group housing
shall be owned by one single person:
Provided further, that the extent of vacant land which such person
shall be entitled to hold shall, in no case, exceed-
(a) the extent required under any building regulations govern-
ing such group housing; or
Of the extent calculated by multiplying the number of dwelling
units in the group housing and the appropriate ceiling limit referred
to in sub-section (1),
whichever is less.
Explanation.-For the purposes of this sub-section and sub-section
(10),-
(i) "group housing" means a building constructed or to be
constructed with one or more floors, each floor consisting of one or
more! dwelling units and having common service facilities;
(ii) "common service facility" includes facility like staircase,
balcony and verandah.
(4) (a) In any State to which, this Act applies in the first instance, if,
on or after the 17th day of February, 1975, but before the appointed day,
any person has made any transfer by way of sale, mortgage, gift, lease
or otherwise (other than a bonafidesale under a registered deed for
valuable consideration) of any vacant land held by him and situated in
such State to any other person, whether or not for consideration, then,
for the purposes of calculating the extent of vacant land held by such
s
or l9/6J
Urben
Land
(Cei lin
B
and
fteguletion)
y
person
the
land
so
transferred
shall
be
taken
into
account,
without
prejudice
to the
rights
or
interests
of
the
transferee
in
the
land
so
‹ransferred:
Provided
that
the
excess
vacant
land
to
be
surrendered
by
such
person
under
this Chapter shall be selected only out of the vacant land
held
by
him
after
such
transfer.
tb) For the purpose ot clause (a), the burden of proving any sale to be
a
bone
fide one shall be on the transferor.
EzpIonotion.—\Vhere
in any State aforesaid, there was or is in force
any
law
prohibiting
transfer
of urban property in that State except under
the
circumstances,
if any, specified therein, then, for the purposes of this
sub-section,
any
transfer
by
way
ot sale of such property, being vacant
land,
made
by
any
person
under
a
registered
deed
for valuable considera-
tion
in accordance with the provisions of such law or in pursuance of any
sanction
or permission granted under such law, shall be deemed to be a
bona
5de
sale.
(5)
Where
any
firm
or
unincorporated
association
or
body
of
indi-
viduals
holds
vacant
land
or
holds
any
other
land
on
which
there
isa
building
with a
dwelling
unit
therein
or holds both vacant land and such
other
land,
then,
the
right
or interest of any person in the vacant land
or such other land or both, as the case may be, on the basis of his share
in such firm or association or body shall also be taken into account in
calculating
the
extent
of vacant land held by such person.
(6) Where a
person
isa
beneficiary
of a
private
trust
and
his share in
the
income
from
such
trust
is known or determinable, the share of such
person
in the vacant land and in any other land on which there isa
build-
ing
with a
dwelling
unit
therein,
held
by
the
trust, shall be deemed to be
in
the
same
proportion
as
his
share
in
the
total
income
of
such
trust
bears
to such total income and the extent of such land apportionable to
his
share
shall
also
be
taken
into
account
in
calculating
the
extent
of
vacant
land
held
by
such
person.
(7) Where a
person
isa
member
ota
Hindu
undivided
tamily,
so much
of the vacant land and of any other land on which there isa
building
with
a
dwelling
unit
tnerein,
as would have I allen to his share had the
entire
vacant
land
and
such
other
land
held
br
the
Hindu
undivided
family
been
partitioned
amongst
its members at the commencement of
this
Act
shall
also
be
taken
into
account
in
calculating
the
extent
of
vacant
land
held
by
such
person.
(8) Where a
person,
being a
member
of a
housing
co-operative
society
registered
or deemed to be registered under any law for the time being in
force,
holds
vacant
land
allotted
to him by such society, then, the extent
of land so held shall also be taken into account in calculating the extent
of vacant land held by such person.
(9) Where a
person
holds
vacant
land
and
also
holds
any
other
land
on
which
there
isa
building
with
a
dwelling
unit
therein,
the
extent
of
such
other
land
occupied
by
the
building
and
the
land
appurtenant
thereto
shall
also
be
taken
into
account
in
calculating
the
extent
of
vacant
land
held
by
such
person.
(10)' Where a
person
owns
a
part
of a
building,
being
a
group
hous-
ing,
the
proportionate
share
of such person in the land occupied by the
building
and
the
land
appurtenant
thereto
shall
also
be
taken
into
 account in calculatin g the extent of vacant land held Joy such person.
or 1976] Urban Land (Ceiling and Regulation) 7
person the land so transferred shall be taken into account , without
prejudice to the rights or interests of the transferee in the land so
transferred:
Provided that the excess vacant land to be surrendered by such
person under this Chapter shall be selected only out of the vacant land
held by him after suchtransfer.
(b) For the purpose of clause (a), the burden of proving any sale to be
a bona fideone shallbe on the transferor.
Explanation.-Where in any State aforesaid , there was or is in force
any law prohibiting transfer of urban property in that State except under
the circumstances, if any, specified therein, then, for the purposes of this
sub-section, any transfer by way of sale of such property, being vacant
land, made by any person under a registered deed for valuable considera-
tion in accordance with the provisions of such law or in pursuance of any
sanction or permission granted under such law, shall be deemed to be a
bona fide sale.
(5) Where any firm or unincorporatedassociationor body of indi-
viduals holds vacant land or holds anyother land on which there is a
building with a dwelling unit therein or holds bothvacant land and such
other land, then, the right or interestof any person in the vacant land
or such other land or both, as the casemay be, on thebasis of his share
in such firm or associationor body shallalso be taken into account in
calculatingthe extentof vacant landheld by suchperson.
(6) Where a person is a beneficiary of a private trust and his share in
the income from such trust is known or determinable , the share of such
person in the vacant land and in any other land on which there is a build-
ing with a dwelling unit therein, held by the trust, shall be deemed to be
in the same proportion as his share in the total income of such trust
bears to such total income and the extent of such land apportionable to
his share shall also be taken into account in calculating the extent of
vacant land held by such person.
(7) Where a person is a member of a Hindu undivided family, so much
of the vacant land and of any other land on which thereis a building
with a dwelling unit therein, as would havefallen to hisshare had the
entire vacant land and suchother land held by theHindu undivided
family been partitioned amongst its members at the commencement of
this Act shallalsobe taken intoaccount incalculating the extent of
vacant land held by suchperson.
(8) Where a person, being a member of a housing co-operative society
registered or deemed to be registered under any law for the time being in
force, holds vacant land allotted to him by such society, then, the extent
of land so held shall also be taken intoaccount in calculatingthe extent
of vacant land held bysuch person.
(9) Where a person holds vacantland and alsoholds any other land
on which there is a building with a dwellingunit therein,the extent of
such other land occupied by the building and the land appurtenant
thereto shallalso be taken into account in calculating the extent of
vacant land held by suchperson.
(10)1 Where aperson ownsa part of a building, being a group hous-
ing, the proportionate share of such person in the land occupied by the
building and the land appurtenant thereto shallalso be taken into
account in calculatingthe extentof vacantland held bysuch person.
J'ra:
-
'er
oI
!and.
Urboti
Lord
(Ceiling
anâ
Itegulotioa
[cci 33
(II) For the removal of doubts it is hereby declared that nothing in
sub-sections
(5),
(6),
(7),
(9)
and
(IN)
shall
be
construed
as empower-
ing
the
competent
authority
to declare any land referred to in sub-clause
(ii) or s lb-clause
(iii) of clause
(q)
of section 2
as excess vacant land
under
this
Chapter.
Eyianation.—For
the
purposes
of this section and sections 6,8
and
lh a
person
shall
be
deemed
to hold any land on which there isa
build-
•
ing
(whether
or not with a
dwelling
unit
therein)
if he
(i) owns such land and the building; or
(ii) owns such land but possesses the building or possesses such
land
and
the
building,
the
possession,
in either case, being as a
tenant
under
a
lease,
the
unexpired
period
of
which
is not less than ten
years
at the commencement of this Act, or as a
mortgagee
or under
’
an
irrevocable
iyower
or attorney or a
hire-purchase
agreement
or
partly
in one of the said capacities and partly in any other of the said
capacity
or
capacities;
or
›
(iii) possesses such land but owns the building, the possession
being
as a
tenant
under
a
lease
or as a
mortgagee
or under an irrevo-
cable
power
of
attorney
or a
hire-purchase
agreement
or
partly
in
one
of the said capacities or partly in any other of the said capacity
or
capacities.
S. (i) In any State to which this Act applies in the first instance,
where
any
person
who
had
held
vacant
land
in
excess
of
the
ceiling
limit
at any titne during the period commencing on the appointed day
and
ending
with
the
commencement
of
this
Act,
has
transferred
such
land
or part thereof by way of sale, mortgage, gift, lease or otherwise,
the
extent
of the land so transferred shall also be taken into account in
calculating
the
extent
of vacant land held by such person and the excess
vacant
land
in
relation
to
such
person
shall,
for
the
purposes
of
this
Chapter,
be
selected
out
of
the
vacant
land
held
by
him
after
such
transfer
and
in case the entire excess vacant land cannot be so selected,
!he
balance,
or, where no vacant land is held by him after the transfer,
tb.e entire excess vacant land, shall be selected out of the vacant land
held
by
the
transferee:
Provided
that
where
such
person
has
transferred
his
vacant
land
to
more
than
o.ne
person,
the
balance,
or, as the case may be, the entire
excess
vacant
land
aforesaid,
shall
be
selected
out
of
the
i•acant
land
held
by
each
of the transferees in the same proportion as the area of the
'
vacant
land
transferred
to him bears to the total area o1 the land trans-
ferred
to all the transferees.
(?) Where any excess vacant land is selected out of the vacant land
*
transferred
under
sub-section
(I), the transfer of the excess vacant land
so selected shall be deemed to b•. null and void.
_
(3) In any State to which this Act applies in the first instance and
in any State which adopts this Act under clause (1) of article 252 of the
Constitution,
no
person
holding
vacant
land
in excess of the ceiling limit
immediately
before
the
commencement
of
this
Act
shall
transfer
any
such
land
or part thereof by way of sale, mortgage, gift, lease or otherwise
until
he
has
furnished
a
statement
under
section
6
and
a
notification
regarding
the
excess
vacant
land
held
by
him
has
been
published
under
sub-section
( I)
of section 10; and any such transfer maae in contravention
 of this provision shall be deemed to be null and voi d.
Trans-
fer of
vacant
land.
8 Urban Land (Ceiling and Regulation)[ACT 33
(11) For the removal of doubts it is hereby declared that nothing in
sub-sections (5), (6), (7), (9) and (10) shall be construed as empower-
ing the competent authority to declare any land referred to in sub-clause
(ii) or sub-clause (iii) of clause (q) of section 2 as excess vacant land
under this Chapter.
Explanation.-For the purposes of this section and sections 6, 8 and
18 a person shall be deemed to hold any land on which there is a build-
ing (whether or not with a dwelling unit therein) if he-
(i) owns such land and the building; or
(ii) owns such land but possesses the building or possesses such
land and the building, the possession, in either case, being as a tenant
under a lease, the unexpired period of which is not less than ten
years at the commencement of this Act, or as a mortgagee or under
an irrevocable power of attorney or a hire-purchase agreement or
partly in one of the said capacities and partly in any other of the said
capacity or capacities; or
(iii) possesses such land but owns the building, the possession
being as a tenant under a lease or as a mortgagee or under an irrevo.
cable power of attorney or a hire-purchase agreement or partly in
one of the said capacities or partly in any other of the said capacity
or capacities.
5. (1) In any State to which this Act applies in the first instance,
where any person who had held vacant land in excess of the ceiling
limit at any time during the period commencing on the appointed day
and ending with the commencement of this Act, has transferred such
land or part thereof by way of sale, mortgage, gift, lease or otherwise,
the extent of the land so transferred shall also be taken into account in
calculating the extent of vacant land held by such person and the excess
vacant land in relation to such person shall, for the purposes of this
Chapter, be selected out of the vacant land held by him after such
transfer and in case the entire excess vacant land cannot be so selected,
the balance, or, where no vacant land is held by him after the transfer,
the entire excess vacant land, shall be selected out of the vacant land
held by the transferee:
Provided that where such person has transferred his vacant land to
more than one person, the balance, or, as the case may be, the entire
excess vacant land aforesaid, shall be selected out of the vacant land
held by each of the transferees in the same proportion as the area of the
vacant land transferred to him bears to the total area of the land trans-
ferred to all the transferees.
(2) Where any excess vacant land is selected out of the vacant land
transferred under sub-section (1), the transfer of the excess vacant land
so selected shall be deemed to be null and void.
(3) In any State to which this Act applies in the first instance and
in any State which adopts this Act under clause (1) of article 252 of the
Constitution, no person holding vacant land in excess of the ceiling limit
immediately before the commencement of this Act shall transfer any
such land or part thereof by way of sale, mortgage, gift, lease or otherwise
until he has furnished a statement under section 6 and a notification
regarding the excess vacant land held by him has been published under
sub-section (1) of section 10; and any such transfer made in contravention
of this provision shall be deemed to be null and void.
or
19761
Urbart
Lord
(Ceiling
and
Reputation)
g
6. (!) Every person holding vacant land in excess of the ceiling limit
at the commencement or this Act shall, withity such period as may be
prescribed,
filea
statement
before
the
competent
authority
having
juris-
diction
specifying
the
iocation,
extent,
value
and
such
other
particulars
as may be prescribed of all vacant lands and of any other land on which
there
isa
building,
whether
or not with a
dwelling
unit
therein,
held
by
him
(including
the
nature
of his right, title or interest therein) and
also
specifying
the
vacant
lands
within
the
ceiling
limit
which
he
desires
to retain:
Provided
tha

Excerpt shown. Open the full act in Lexace.

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