LexThe UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE UTTAR PRADESH IMPOSITION OF CEILING ON LAND
HOLDINGS ACT, 1960
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(U. P. Act No. 1 of 1961)
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ARRANGEMENT OF SECTIONS
SECTIONS-
CHAPTER I
Preliminary
1- Short title, extent and commencement
2- Application of the Act to certain areas with exceptions or modifications
3- Definitions
4- Determination of area for purposes of ceiling and exemptions
4A- Determination of irrigated land
CHAPTER II
Imposition of ceiling on land holdings, exemption
and acquisition of surplus land
5. Imposition of ceiling
6- Exemption of certain land from the imposition of ceiling
7- Bar of suit on basis ofcertain contracts for transfer of land
8- Rights of tenure holder and other members of his family in land held within
ceiling Area
9- General notice to tenureholders holdings land in excess of ceiling area for
submission of statement in respect thereof
10-Notice to tenureholders failing to submit a statement or submitting an
incomplete or incorrect statement
11- Determination of surplus land where no objection is filed
12-Determination of the surplus land by the Prescribed Authority where an
objection is filed
12A- Insertion of new section 12A
13- Appeals
13A- Redetermination of surplus land in certain cases
14- Acquisition of surplus land
15-Disposal of property left on surplus land
16- Damages for use and occupation of surplus land
CHAPTER III
Determination and payment of amount
17- Manner of calculation of amount
17A- Payment of amount to waqfs, trusts, etc.
17B- Refund of amount in certain cases
18- Compensation Officer
19- Preliminary publication of the Draft Compensation assessment Roll
20- Cases where no objections are filed
21- Disposal of objections
22- Manner of payment of amount
23- Amount to be placed at the disposal of the Court or authority
CHAPTER IV
Disposal and Settlement of Surplus Land
24. Ommited
25- Use of surplus land for other public purposes
26- Settlement or letting out of surplus land by Collector
26A- Settlement of land let out for interim period before the commencement of
the Uttar Pradesh Land Laws (Amendment) Act, 1969
27- Settlement of surplus land
28- Terms and conditions of settlement
29- Subsequent declaration of further land as surplus land
30- Determination of surplus land regarding future acquisition
31- Land gained by the recess of river
CHAPTER V
Miscellaneous
32- State Government to be a party to all proceedings under this Act
33- Power to determine or modify hereditary rates
34- Ommited
35- Penalties
35A- Cognizance of offences
36- Offences by Companies and Cooperative Society
37- Powers of officers and authorities in hearing and disposal of objections and
the procedure to be followed
38- Powers of the appellate Court and the procedure to be followed by it
38A- Power to call for particulars of land from tenure holders
38B- Bar against Res Judicata
39- Protection of action taken under this Act
40- Mode of recovery of any amount under this Act
41- Recovery of arrears of land revenue, etc.
42- Application of the Limitation Act, 1963
43- Delegation of Power
44- Power to make rules
45- Repeal
Schedule-
196
THE UTTAR PRADESH IMPOSITION OF CEILING ON LAND
HOLDINGS ACT, 19601
(U. P. Act No. 1 of 1961)
Amended by
U. P. Act No. 28 of 1961
U. P. Act No. 21 of 1962
U. P. Act No. 04 of 1969
U. P. Act No. 35 of 1970
U. P. Act No. 18 of 1973
U. P. Act No. 02 of 1975
U. P. Act No. 20 of 1976
U. P. Act No. 56 of 1976
U. P. Act No. 05 of 1979
U. P. Act No. 20 of 1982
U. P. Act No. 03 of 1986
U. P Act No. 24 of 1986
[ Passed in Hindi by the Uttar Pradesh Legislative Assembly
on September 5, 1960 and by the Uttar Pradesh Legislative
Council on September 19, 1960.
Received the assent of the President on December 24,
1960, under Article 201 of the Constitution of India and was
published in the Uttar Pradesh Gazette Extraordinary, dated
January 3, 1961. ]
to provide for the imposition of ceiling on land holdings in
Uttar Pradesh and certain other matters connected therewith.
Whereas it is necessary in the interest of the community to
ensure increased agricultural production and to provide land for
landless agricultural labourers and for other public purposes as
best to subserve the common good ;
And whereas a more equitable distribution of land is
essential ;
And wherefore, it is expedient to provide for the imposition
of ceiling on land holdings in Uttar Pradesh for the
aforementioned purposes ;
It is hereby enacted in the Eleventh Year of the Republic of
India as follows ;
CHAPTER I
Preliminary
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Imposition of
Ceiling on Land Holdings Act, 1960.
(2) It extends to the whole of Uttar Pradesh.
——————————————————————————————————————————
1. For Statement of Objects and Reasons. please see Uttar Pradesh Gazette Extraordinary, dated August 29,
1959.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
198
(3) It shall come into force at once except in the areas
mentioned in Section 2, where it shall come into force from such date
and in such manner as may be notified under that section, and
different dates may be appointed for different areas.
1Application of
the Act to
certain areas
with
exceptions or
modifications
2. The State government may, by notification in the Official
Gazette apply the provisions of this Act, subject to such exceptions or
modifications, not affecting the substance, as the circumstances of
the case may require, to the areas mentioned below ;
U. P. Act no. IX
of 1957.
(i) the urban areas to which the Uttar Pradesh Urban Areas
Zamindari Abolition and Land Reforms Act, 1956 extends ;
(ii) the 2[Kumaon and Garhwal Divisions] except the Kashipur
Sub-division and such areas of Tarai and Bhabar Sub-division where
no intermediaries exist ; and
(iii) the Pargana of Jaunsar-Bawar in the Dehra Dun district.
Definitions 3. 3[In this Act, unless the context otherwise requires–
(1) ‘banking company’ has the same meaning as in Uttar
Pradesh Public Moneys (Recovery of Dues) Act, 1972 ;
(2) ‘ceiling area’ means the area of land, not being land
exempted under this Act determined as such in accordance with the
provisions of Section 5 ;
(3) ‘company’, ‘government company’ and ‘Public company’
have the same meanings as in the Companies Act, 1956 ;
(4) ‘co-operative society’ means a co-operative society
registered under the Uttar Pradesh Co-operative Societies Act, 1965 ;
4[(5) ‘Corporation’ means the statutory cooperation, that is to
say, a corporation established by or under an Uttar Pradesh Act or a
Central Act. ]
(6) ‘degree’ or ‘post-graduate college’ means such college as is
an affiliated, associated or constituent college in relation to a
University ;
(7) ‘family’ in relation to a tenure-holder means himself or
herself and his wife or her husband as the case may be (other than a
judicially separated wife or husband), minor sons and minor
daughters (other than married daughters) ;
——————————————————————————————————————————
1. Extended to the areas mentioned in sub-clauses (ii) and (iii), vide notification no. 25/Rajaswa—1-73, dated
June 11, 1973, with exceptions and modifications as in Appendix. (2)
2. Subs. by sec. 4 of U. P. Act 20 of 1976.
3. Subs. by Sections 3 of U. P. Act No. 18, 1973 :—
4. Subs. by sec. 5(a) of U. P. Act 20 of 1976. [deemed to have been substituted from 8 June, 1973]
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
200
(8) ‘grove land’ means any specific piece of land in a holding
having trees (not including 1[guava, papaya, banana or vine plants]
planted thereon before January 24, 1971, in such numbers that they
preclude or when full grown will preclude the land or any considerable
portion thereof from being used primarily for any other purpose and the
trees on such land constitute a grove ;
(9) ‘holding’ means the land or lands held by a person as a
bhumidhar, sirdar, asami of Gaon Sabha or an asami mentioned in
Section 11 of the Uttar Pradesh Zamindari Abolition and Land Reforms
Act, 1950, or as a tenant under the U. P. Tenancy Act, 1939, other than
a sub-tenant, or as a Government lessee, or as a sub-lessee of a
Government lessee, where the period of the sub-lease is co-extensive
with the period of the lease ;
(10) ‘intermediate college’ means a college recognized as such by
the Board of high School and Intermediate Education, Uttar Pradesh ;
2[(11) ‘irrigated land’ means land determined as such in the
manner laid down in section 4-A. ]
3[(11A. ‘Adult’ means a person who has attained the age of 18
years and ‘Minor’ means a person who is not an adult]
(12) ‘prescribed’ means prescribed by rules made under this Act;
(13) ‘prescribed authority’ means such officer not below the rank
of an Assistant Collector of the first class as may be empowered by the
State Government, by notification in the Gazette, to perform the
functions of prescribed authority under this Act for such area or areas
as may be specified in that behalf ;
(14) ‘private irrigation work’ means a private tube-well, or a
private lift irrigation work operated by diesel or electric power for the
supply of water from a perennial water source, completed before August
15, 1972 ;
——————————————————————————————————————————
1. Subs. by sec. 5 (b) of U. P. Act 20 of 1976. [deemed to have been substituted from 8 June, 1973]
2. Subs. by sec. 5 (c) of U. P. Act 20 of 1976. [deemed to have been substituted from 8 June, 1973]
3. Subs. by sec. 3(b) of U.P. Act No. 2, 1975.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
202
(15) ‘state irrigation work’ means a canal as defined in the
Northern India Canal and Drainage Act, 1873, or a State Tube-well as
defined in the United Provinces State Tube-wells Act, 1936, or lift
irrigation work constructed, maintained or controlled by the State
Government and operated by diesel or electric power for the supply of
water from any perennial water source ;
(16) ‘surplus land’ means land held by a tenure-holder in excess
of the ceiling area applicable to him, and includes any buildings, wells
and trees existing thereon ;
(17) ‘tenure-holder’ means a person who is the holder of a
holding but 1[except in Chapter III] does not include —
(a) a woman whose husband is a tenure-holder ;
(b) a minor child whose father or mother is a tenure-holder ;
(18) ‘unirrigated land’ means any land other than 2[irrigated land
grove land or usar land] ;
(19) ‘University’ means a University established by law ;
(20) ‘usar land’ means land determined to be usar in such
manner as may be prescribed ; and
(21) the words and expressions not defined in this Act, but used
in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950,
shall have the meanings assigned to them in that Act. ]
Determination
of area for
purposes of
ceiling and
exemptions
4. 3[For purposes fo determining the ceiling area under Section 5
or any exemption under Section 6 —
——————————————————————————————————————————
1. Ins. by sec. 3 (c) of U.P. Act No. 2, 1975.
2. Ins. by sec. 3(d) of U.P. Act No. 2, 1975.
3. Section 4 as follows substituted by sec. 4 of U.P. Act no. 18 of 1973 :—
4. Ceiling area — (1) Subject to the provisions of this Act, the ceiling area applicable to a tenure-holder shall
be calculated after taking into account all the land in any holding in the State held by him, in his own
right, whether in his own name or ostensibly in the name of any other person.
(2) (a) The ceiling area of a tenure-holder shall be forty acres of Fair Quality Land.
(b) Where the tenure-holder has, or consists of a family having more than five members the ceiling area of
such tenure-holder shall be the area mentioned in clause (a) together with eight acres fo Fair Quality Land
for ever additional member of the family, subject to a maximum of twenty-four such acres ;
Provided that, if it any time the family cones to consist of not more than five members, all land held by the
tenure-holder in excess fo the ceiling area under clause (a) shall become liable to be treated as surplus
land.
Explanation— In calculating the ceiling area under this sub-section in respect of land other than Fair
Quality Land, one and one-half acre, fo such land, the hereditary rate whereof is above rupees four per
acre, but does not exceed rupees six per acre, and two acre fo such land the hereditary rate whereof is
rupees four or loess per acre, will be deemed to be equal to one acre of air Quality Land.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
204
(i) subject to the provisions of clause (ii), one and-half hectares
of unirrigated land or two and a half hectares fo grove-land or two and
a half hectares of usar land shall count as one hectare of irrigated land;
(ii) 1[one and one-half hectares of single crop land or two and a
half hectares of any other un-irrigated land] in the following areas,
namely —
(a) Bundelkhand ;
(b) trans-Jamuna portions of Allahabad, Etawah, Mathura and
Agra districts ;
(c) cis-Jamuna portions of Allahabad, Fatehpur, Kanpur,
Etawah, Mathura and Agra districts up to 16 kilometers from deep
stream of the Jamuna ;
(d) the portion of Mirzapur district south of Kaimur Range ;
(e) Tappa Upraudh and Tappa Chaurasi (Balai Pahar) of Tahsil
Sadar in Mirzapur district ;
(f) the portion of Tahsil Robertsganj in Mirzapur district which
lies north of Kaimur Range ;
(g) Pargana Sakteshgarh and the villages mentioned in lists ‘A’
and ‘B’ of Schedule VI to the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950, in hilly patties of Parganas Ahraura and
Bhaga of Tahsil Chunar in Mirzapur district ; and
(h) the area comprised in the former Taluka of Naugarh of Tahsil
Chakia in Varanasi district ;
(i) hilly and Bhabar areas of Kumaun and Garhwal Division and
Jaunsar Bawar Pargana of Dehra Dun district ;
shall count as one hectare of irrigated land ]
2[ Explanation — For the purposes of clause (ii), the expression
‘single crop land’ means any un-irrigated land capable of producing
only one crop in an agricultural year in consequence of assured
irrigation from any State Irrigation Work or private irrigation work. ]
3[Determination
of irrigated
land]
3[4-A. The prescribed authority shall examine the relevant
khasras for the years 1378 Fasli, 1379 Fasli and 1380 Fasli, the latest
village map and such other records as it may consider necessary, and
may also make local inspection where it considers necessary, and
thereupon if the prescribed authority is of opinion :—
Firstly, (a) that, irrigation facility was available for any land in
respect of any crop in any one of the aforesaid years ; by —
——————————————————————————————————————————
1. Subs. by sec. 4 (a) of U. P. Act 2 of 1975.
2. Ins. by sec. 4 (b) of U. P. Act 2 of 1975.
3. Ins. by sec. 5 of U. P. Act 2 of 1975.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
206
(i) any canal included in Schedule no. 1 of irrigation rates
notified in notification no. 1579-W/XXIII—62-W-1946, dated March 31,
1953, as amended from time to time ; or
(ii) any lift irrigation canal ; or
(iii) any State tube-well or a private irrigation work ; and
(b) that at least two crops were grown in such land in any one of
the aforesaid years ; or
Secondly, that irrigation facility became available to any land by
a State Irrigation Work coming into operation subsequent to the
enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972, and at least two crops were grown in such land
in any agricultural year between the date of such work coming into
operation and the date of issue of notice under section 10 ; or
Thirdly, (a) that any land is situated within the effective
command area of a lift irrigation canal or a State tube-well or a private
irrigation work ; and
(b) that the class and composition of its soil is such that it is
capable of growing at least two crops in an agricultural year ;
then the prescribed Authority shall determine such land to be irrigate
land for the purposes of this Act.
Explanation I — For the purposes of this section the expression
‘effective command area’ means an area, the farthest field whereof in
any direction was irrigated —
(a) in any of the year, 1378 Fasli, 1379 Fasli and 1380 Fasli ; or
(b) in any agricultural year referred to in the clause ‘secondly’.
Explanation II — The ownership and location of a private
irrigation work shall not be relevant for the purpose of this section.
Explanation III — Where sugarcane crop was grown on any
land in any of the years 1378 Fasli, 1379 Fasli and 1380 Fasli, it shall
be deemed the two crops were grown on it in any of these years, and
that the land capable of growing two crops in an agricultural year. ]1
—————
——————————————————————————————————————————
1. Ins. by sec. 5 of U.P. Act No. 2 of 1975.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
208
CHAPTER II
Imposition of ceiling on land holdings, exemption and acquisition
of surplus land
5. 1[Imposition of ceiling— (1) On and from the commencement
of the Uttar Pradesh Imposition of Ceiling on Land Holdings
(Amendment) Act, 1972, no tenure-holder shall be entitled to hold in the
aggregate, throughout Uttar Pradesh, any land in excess of the ceiling
area applicable to him.
2[ Explanation I — In determining the ceiling area applicable to
a tenure holder, all land held by him in his own right, whether in his
own name, or ostensibly in the name of any other person, shall be taken
into account.
Explanation II — 3[If on or before January 24, 1971, any land
was held by a person who continues to be in its actual cultivatory
possessions and the name of any other person is entered in the annual
register after the said date] either in addition to or to the exclusion of the
former and whether on the basis of deed of transfer or license or on the
basis of a decree, it shall be presumed, unless the contrary is proved to
the satisfaction of the prescribed authority, that the first mentioned
person continues to hold the land and that it is so held by him
ostensibly in the name of the second mentioned person. ]
(2) Nothing in sub-section (1) shall apply to land held by the
following classes of persons, namely :
(a) the Central Government, the State Government or any local
authority or a Government Company or a Corporation ;
(b) a University ;
4[ (c) an intermediate or degree college imparting education in
agriculture or a post graduate college ; ]
——————————————————————————————————————————
1. Section 5 as follows substituted by sec. 5 of U.P. Act no. 18 of 1973 :—
CHAPTER II
IMPOSITION OF CEILING ON LAND HOLDINGS, EXEMPTION AND ACQUISITION OF
SURPLUS LAND
5. Imposition of ceiling on existing land holdings — (1) As and form the date of enforcement of this Act no
tenure-holder shall, except as otherwise provided by this Act, be entitled to hold an area in excess of the
ceiling area applicable to him, anything contained in any other law, custom, or usage for the time being in
force, or agreement, to the contrary notwithstanding.
(2) In determining the ceiling area applicable to a tenure-holder at the commencement of this Act any transfer
or partition of land made after the twentieth day of August, 1959, which but for the transfer ro action
would have been declared surplus land under the provisions of this Act, shall be ignored and not taken
into account.
(3) The provisions of sub-section (2) shall have no application to
(a) a transfer in favour of the State Government,
(b) a partition under the U. P. Consolidation of Holdings Act, 1953 ; or
(c) a partition of the holding of a Joint Hindu Family made by a suit or proceeding pending on twentieth day
of August, 1959.
2. Ins. by sec. 6(a) of U.P. Act No. 2, 1975.
3. Subs. by sec. 6(a) of U.P. Act No. 20, 1976 (demed to have been substitute from January 17, 1975).
4. Subs. by sec. 6(b) of U. P. Act 2 of 1975.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
210
(d) a banking company or a co-operative bank or a co-operative
land development bank ;
(e) the Bhoodan Yagna Committee constituted under the U. P.
Bhoodan Yagna Act, 1952.
(3) 1[subject to the provisions of sub-section (4), (5), (6) and (7)]
the ceiling area for purposes of sub-section (1) shall be —
(a) in the case of a tenure-holder having a family of not more
than five members, 7.30 hectares of irrigated land (including land held
by other members of his family), plus two additional hectares of irrigated
land or such additional land which together with the land held by him
aggregates to two hectares, for each of his adult sons, who are either not
themselves tenure-holders or who hold less than two hectares of
irrigated land, subject to a maximum of six hectares of such additional
land ;
(b) in the case of tenure-holder having a family of more than five
members, 7.30 hectares of irrigated land (including land held by other
members of his family), besides, each of the members exceeding five and
for each of his adult sons who are not themselves tenure-holders or who
hold less than two hectares of irrigated land, two additional hectares of
irrigated land or such additional land which together with the land held
by such adult son aggregated to two hectares, subject to a maximum of
six hectares of such additional land.
Explanation — The expression ‘adult son’ in clauses (a) and (b)
includes an adult son who is dead and has left surviving behind him
minor sons or minor daughters (other than married daughters) who are
not themselves tenure-holders or who hold land less than two hectares
of irrigated land ;
(c) 2[ * * * * * ]
(d) 2[ * * * * * ]
(e) in the case of any other tenure-holder, 7.30 hectares of
irrigated land.
Explanation — Any transfer or partition of land which is liable
to be ignored under sub-section (6) and (7) shall be ignored also —
(p) for purposes of determining whether an adult son of a tenure
holder is himself a tenure-holder within the meaning of 3[clause (a) or
clause (b)] ;
(q) for purposes of service of notice under Section 9.
——————————————————————————————————————————
1. Subs. by sec. 6 (c) (i) of U. P. Act 2 of 1975.
2. Omit. by sec. 6 (c) (ii) of U. P. Act 2 of 1975.
3. Subs. by sec. 6 (c) (iii) of U. P. Act 2 of 1975.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
212
(4) Where any holding is held by a firm or co-operative society or
other society or association of persons (Whether incorporated or not, but
not including a public company), its members (whether called partners,
share-holders or by any other name) shall, for purposes of this Act, be
deemed to hold that holding in proportion to their respective shares in
that firm, co-operative society or other society or association of persons.
1[ Provided that where a person immediately before his admission
to the firm, co-operative society, or other society or association of
persons, held no land or an area of land less than the area proportionate
to his aforesaid share then he shall be deemed to hold no share, or as the
case may be, only the lesser area in that holding, and the entire or the
remaining area of the holding, as the case may be, shall be deemed to be
held by the remaining members in proportion to their respective share in
the firm, co-operative society, or to other society or association of
persons. ]
(5) In respect of any holding held by any private trust —
(a) where the shares of its beneficiaries in the income from such
trust are known of determinable, the beneficiaries shall, for purposes of
this Act, be deemed to have the shares in that holding in the same
proportions as their respective shares in the income from such trust ;
(b) in any other case, it shall be governed by 2[clause (e)] of sub-
section (3).
(6) In determining the ceiling area applicable to a tenure-holder,
any transfer of land made after the twenty-fourth day of January, 1971
which but for the transfer would have been declared surplus land under
this Act, shall be ignored and not taken into account ;
(a) a transfer in favour of any person (including Government)
referred to in sub-section (2) ;
(b) a transfer proved to the satisfaction of the prescribed authority
to be in good faith and for adequate consideration and under an
irrevocable instrument not being a benami transaction or for the
immediate or deferred benefit of the tenure-holder or other members of
his family.
3[Explanation I — For the purposes of this sub-section, the
expression ‘transfer of land made after the twenty-fourth day of January,
1971’, includes —
4[(a) a declaration of a person as a co-tenure-holder made after
the twenty-fourth day of January, 1971, in a suit, or proceeding
irrespective of whether such suit or proceeding was pending on or was
instituted after the twenty-fourth day of January, 1971] ;
——————————————————————————————————————————
1. Ins. by sec. 6(d) of U. P. Act 2 of 1975.
2. Subs. by sec. 6(e) of U. P. Act 2 of 1975.
3. Ins. by sec. 6(f) of U. P. Act 2 of 1975. (explanation renumbered and inserted)
4. Subs. by sec. 6(b) of U.P. Act No. 20 of 1976.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
214
1 [(b) any admission, acknowledgment, relinquishment or
declaration in favour of a person to the life effect, made in any other
deed or instrument or in any other manner. ]
Explanation II — The burden of proving that a case falls within
clause (b) of the proviso shall rest with the party claiming its benefit.
(7) In determining the ceiling area applicable to a tenure-holder,
any partition of land made after the twenty-fourth day of January, 1971
which but for the partition would have been declared surplus land under
this Act shall be ignored and not taken into account ;
Provided that nothing in this sub-section shall apply to —
(a) 2[ * * * * ]
(b) a partition of a holding made in a suit or a proceeding
pending on the said date ;
Provided further that notwithstanding anything contained in the
preceding proviso, the prescribed authority, if it is of opinion that by
collusion between the tenure-holder and any other party to the partition,
such other party has been given a share which he was no entitled to, or
a larger share than he was entitled to, may ignore such partition.
3[Explanation I — If a suit is instituted after the said date for
declaration that a partition of land has taken place on or before the said
date, then such declaration shall be ignored and not be taken into
account, and it shall be deemed that no partition has taken place on or
before the said date. ]
Explanation II — The burden of proving that a case falls within
the first proviso shall rest with the party claiming its benefit. ]
4[(8) Notwithstanding anything contained in sub-sections (6) and
(7), no tenure-holder shall transfer any land held by him during the
continuance of proceedings for determination of surplus land in relation
to such tenure-holder and every transfer made in contravention of this
sub-section shall be void.
Explanation–For the purposes of this sub-section, proceedings
for determination of surplus land shall be deemed to have commenced
on the date of publication of notice under sub-section (2) of section 9
and shall be deemed to have concluded on the date when an order in
relation to such tenure-holder is passed under sub-section (1) of section
11 or under sub-section (1) of section 12 or as the case may be, under
section 13].
Exemption of
certain land
from the
imposition of
ceiling
6. 5[(1) Notwithstanding anything contained in this act, land
falling in any of the categories mentioned below shall not be taken into
——————————————————————————————————————————
1. Ins. by sec. 6(f) of U.P. Act No. 2 of 1975.
2. Omit. by sec. 6(c) of U. P. Act 20 of 1976.
3. Ins. by sec. 6(g) of U. P. Act 2 of 1975. Explanation 2 renumbered.
4. Ins. by sec. 6(d) of U.P. Act No. 20 of 1976.
5. Subs. by sec. 6 of U.P. Act No. 18 of 1973.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
216
falling in any of the categories mentioned below shall not be taken into
consideration for the purposes of determining the ceiling area applicable
to, and the surplus land of a tenure-holder, namely —
(a) land used for an industrial purpose (that is to say, for
purposes of manufacture, preservation, storage or processing of goods),
and in respect of which a declaration under Section 143 of the Uttar
Pradesh Zamindari Abolition and Land Reforms Act, 1950, subsists ;
(b) land occupied by a residential house ;
(c) land used as cremation ground or as a grave—yard, but
excluding cultivated land ;
(d) land used for tea, coffee or rubber plantations, and to the
extent prescribed, land required for purposes ancillary thereto and for
development of such plantations ;
(e) land held from before January 24, 1971 for purposes of a stud
farm to the extent prescribed ;
(f) land held from before the first day of May, 1959, by or under a
public religious or charitable waqfs, trust, endowment, or institution the
income from which is wholly utilized for religious or charitable purposes,
and not being a waqf, trust or endowment of which the beneficiaries
wholly or partly are settler or members of his family or his descendants ;
1[ (g) land held from before June 8, 1973 by a Goshala of a public
nature, registered under the Uttar Pradesh Goshala Adhiniyam, 1964, to
the extent prescribed ; ]
(h) 2[ * * * * * ]
3[ Explanation — Nothing in clause (f) of sub-section (1) shall
apply in relation to a Goshala referred to in clause (g) of that sub-
section; ]
4[ (2) No person shall transfer any land referred to in clause (d) or
clause (e) or clause (f) or clause (g) of sub-section (1) without prior
permission of the State government, and every transfer made without
such permission shall, notwithstanding anything contained in any other
law for the time being in force, be void ;
Provided that nothing in this sub-section shall apply to any
transfer by or in favour of any person specified in sub-section (2) of
section 5.
——————————————————————————————————————————
1. Subs. by sec. 7(a) of U. P. Act 2 of 1975.
2. Omit. by sec. 6(b) of U. P. Act 2 of 1975.
3. Ins. by sec. 7(a) of U. P. Act 20 of 1976.
4. Ins. by sec. 7(b) of U. P. Act 20 of 1976. (Always to have been)
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
218
(3) Any land which is the subject of any transfer which by virtue
of sub-section (2) is void, shall be deemed to be surplus land, and shall,
with effect from October 10, 1975 or the date of such purported transfer,
whichever is later, stand transferred to and vest in the State
Government free from all encumbrances, and all rights, title and
interests of all persons in such land shall stand extinguished ;
Provided that the encumbrances, if any, shall be attached to the
amount payable under section 17 in substitutions for the surplus land.
(4) Where any land is deemed to be surplus land under sub-
section (3) —
1[ (i) the provisions of section 14 shall mutatis mutandis apply in
relation to such land with the substitution of references to the dates
mentioned in sub-section (1) of that section by references to the date
mentioned in sub-section (1) of this section ; and ]
(ii) the amount payable therefor under section 17 shall be paid to
the person in whose favour such transfer was purported to be made.]
Bar of suit on
basis of
certain
contracts for
transfer of
land
7. 2[No suit shall lie for the specific performance of any contract
for transfer of any land where such transfer is liable to be ignored under
sub-section (6) of Section 5. ]
Rights of tenure holder and other members of his family in land held within ceiling area
8. 3[— Where the land held by the wife or minor son or daughter
of a tenure-holder has been aggregated with the land held by the tenure-
holder’s family under 4[clause (a) or clause (b)] of sub-section (3) of
Section 5, the land left with them shall be deemed to be held jointly by
them in proportion to the market value of the land respectively held by
them before the declaration of surplus land under this Act. ]
——————————————————————————————————————————
1. Subs. by sec. 2 of U. P. Act 56 of 1976.
2. Subs. by sec. 3 of Act no. 18 of 1973 ;
3. Subs. by sec. 3 of U.P. Act no. 18 of 1973.
4. Subs. by sec. 8 of U. P. Act 2 of 1975.
“7. Exemption of land under cultivation of Pan, Keora, Bela etc.— Notwithstanding anything contained in this
Act, the land of a tenure holder used for cultivation of Pan, Keora, Bela Chameli or Gulah where such
person—
(a) has no land used for any other cultivation, by
(b) declares all the land used for other cultivation as surplus land under section 9 and 10, shall be exempt
from the imposition of ceiling.
8. Exemption of the land of an asami mentioned in section 11 of the U. P. Zamindari Abolition and Land
Reforms Act, 1950 and of a sub-lessee of Government lessee, mentioned in clause (d) of section 3-(1)
Notwithstanding anything contained in this Act, land of a bhumidhar compressed in the holding of his asami
and the land of a Government lessee comprised in the holding of his sub-lessee shall not up to the limit of the
ceiling area applicable to such asami or sub-lessee be taken into account in determining the ceiling area of
the bhumidhar or the Government lessee as the case may be.
(2) Any land of a Bhumidhar or a Government lessee comprised in the holding of an asami or sub-lessee
declared as surplus land of the asami or the sub-lessee may at the request of the bhumidhar of the
Government lessee be settled with the bhumidhar or the Government lessee up to the limit of the ceiling area
applicable to bhumidhar or the Government lessee on payment by him or compensation payable to the asami
or the sub-lessee, as the case may be, under the provisions of this Act.”
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
220
General
notice to
tenure-
holders
holdings land
in excess of
ceiling area
for
submission
of statement
in respect
thereof
9. [ (1)— (1) As soon as may be, after the date of enforcement of
this Act, the Prescribed Authority shall, by general notice, published in
the Official Gazette, call upon every tenure-holder holding land in excess
of the ceiling area applicable to him on the date of enforcement of this
act, to submit to him within 30 days of the date of publication of the
notice, a statement in respect of all his holdings in such form and giving
such particulars as may be prescribed. The statement shall also indicate
the plot or plots for which he claims exemption and also those which he
would like to retain as part of the ceiling area applicable to him under
the provisions of this Act. ]
1[(2) As soon as may be after the enforcement of the Uttar
Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972,
the prescribed authority shall, by like general notice, call upon every
tenure-holder holding land in excess of the ceiling area applicable to him
on the enforcement of the said Act, to submit to him within 50 days of
publication of such notice, a statement referred to in sub-section (1).
2 [Provided that at any time after October 10, 1975, the
Prescribed Authority may, by notice, call upon any tenure-holder
holding land in excess of the ceiling area applicable to him on the said
date, to submit to him within thirty days from the date of service of such
notice a statement referred to in sub-section (1) or any information
pertaining thereto. ]
3[ (2-A) Every tenure-holder holding land in excess of the ceiling
area on January 24, 1971, or at any time thereafter who has not
submitted the statement referred to in sub-section (2) and in respect of
whom no proceedings under this act is pending on October 10, 1975
shall, within thirty days from the said date furnish to the Prescribed
Authority a statement containing particulars of all land —
(a) held by him and the members of his family on January 24,
1971 ;
——————————————————————————————————————————
1. Section 9 of the Principal Act re-numbered as sub-section (1) thereof and after sub-section (1), sub-section
(2) and (3) inserted by sec. 4 of U.P. Act no. 18 of 1973.
2. Ins. by sec. 8(a) of U. P. Act 20 of 1976.
3. Ins. by sec. 8(b) of U. P. Act 20 of 1976.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
222
(b) acquired or disposed of by him or by members of his family
between January 24, 1971 and October 10, 1975. ]1
(3) Where the tenure-holder’s wife holds any land which is liable
to be aggregated with the land held by the tenure-holder for purposes of
determination of the ceiling area, the tenure-holder shall, along with his
statement referred to in sub-section (1), also file the consent of his wife
to the choice in respect of the plot or plots which they would like to
retain as part of the ceiling area applicable to them and where his wife’s
consent is not so obtained, the prescribed authority shall cause the
notice under sub-section (2) of Section 10 to be served on her
separately.]
Notice to
tenure-
holders failing
to submit a
statement or
submitting an
incomplete or
incorrect
statement
10. (1) In every case where a tenure-holder fails to submit a
statement or submits an incomplete or incorrect statement, required to
be submitted under Section 9, the Prescribed Authority shall, after
making such enquiry as he may consider necessary either by himself or
by any person subordinate to him, cause to be prepared a statement
containing such particulars as may be prescribed. The statement shall
in particular indicate the land, if any, exempted under 2[Section 6] and
the plot --- proposed to be declared as surplus land.
(2) the Prescribed Authority shall thereupon cause to be served
upon every such tenure-holder in such manner as may be prescribed, a
notice together with a copy of the statement prepared under sub-section
(1) calling upon him to show cause within a period specified in the
notice, why the statement be not taken as correct. The period specified
shall not be less than ten days from the date of service of the notice.
Determination
of surplus
land where no
objection is
filed
11. (1) Where the statement submitted by a tenure-holder in
pursuance of the notice published under Section 9, is accepted by the
Prescribed Authority or where the statement prepared by the Prescribed
Authority under Section 10, is not disputed within the specified period,
the Prescribed Authority shall accordingly, determine the surplus land of
the tenure-holder.
(2) The Prescribed Authority shall, on application made within
thirty days, from the date of the order under sub-section (1) by a tenure-
holder aggrieved by such order passed in his absence and on sufficient
cause being shown for his absence, set aside the order and allow such
tenure-holder to file objection against the statement prepared under
Section 10 and proceed to decide the same in accordance with the
provisions of Section 12.
——————————————————————————————————————————
1. Ins. by sec. 8(b) of U.P. Act No. 20 of 1976.
2. Subs. by sec. 5 of U.P. Act No. 18 of 1973.
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
224
(3) Subject to the provisions of sub-section (2) and Section 13 the
order of the Prescribed Authority shall be final and conclusive and be
not questioned in any court of law.
Determination
of the surplus
land by the
Prescribed
Authority
where an
objection is
filed
12. (1) Where an objection has been filed under sub-section (2) of
Section 10 or under sub-section (2) of Section 11, or because of any
appellate order under Section 13, the Prescribed Authority shall, after
affording the parties reasonable opportunity of being heard and of
producing evidence, decide the objections after recording his reasons,
and determine the surplus land.
(2) Subject to any appellate order under Section 13, the order of
the Prescribed Authority under sub-section (1) shall be final and
conclusive and be not questioned in any court of law.
1[12-A. In determining the surplus land under section 11 or
section 12, the prescribed authority shall, as far as possible accept the
choice indicated by the tenure-holder to the plot or plots which he and
other members of his family if any would like to retain as part of the
ceiling area applicable to him or them under the provisions of this Act,
whether indicated by him in his statement under Section 9 or in any
subsequent proceedings ;
Provided that —
(a) the prescribed authority shall have regard to the compactness
of the land to be included in the ceiling area applicable to the tenure-
holder ;
(b) where the tenure-holder’s wife holds any land which is
aggregated with the land held by the tenure-holders for purposes of
determination of the ceiling area, and his wife has not consented to the
choice indicated by the tenure-holder as to the plot or plots to be
retained as part of the ceiling area applicable to them, then the
prescribed authority shall, as far as possible, declare the surplus land
in such, manner that the area taken out of the land held by the tenure-
holder’s wife bears to the total surplus area the same proportion as the
area originally held by her bore to the total land held by the family ;
(c) where any person holds land in excess of the ceiling area
including any land mortgaged to the State Government or to a 2[bank as
defined in clause (c) of section 2 of the Uttar Pradesh Agricultural Credit
Act, 1973] or to a co-operative land development bank or other co-
operative society or to the Corporation or to a Government Company, the
surplus land to be determined shall, as far as possible, be land other
than that so mortgaged ;
——————————————————————————————————————————
1. Inserted by sec. 6 of U. P. Act no. 18 of 1973.
2. Subs. by sec. 9(1) of U. P. Act 20 of 1976. (shall be deemed to have been substituted from March 31,
1975.)
[The Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960]
226
(d) where any person holds land in excess of the ceiling area
including land which is the subject of any transfer or partition referred
to in sub-section (6) or sub-section (7) of Section 5, the surplus land
determined shall, as far as possible be land other than land which is the
subject of such transfer or partition, and if the surplus land includes
any land which is the subject of such transfer or partition, the transfer
or partition shall, in so far as it relates to the land included in the
surplus land, be deemed to be and always to have been void, and —
(i) it shall be open to the transferee to claim refund of the
proportionate amount of consideration, if any, advanced by him to the
transferor, and such amount shall be charged on the 1[amount] retained
by the transferor within the ceiling area, which shall be liable to be sold
in satisfaction of the charge, notwithstanding anything contained in
Section 153 of the Uttar Pradesh Zamindari Abolition and Land Reforms
Act, 1950 ;
(ii) any party to the partition (other than the tenure-holder in
respect of whom the surplus land has been determined) whose land is
included in surplus land of the said tenure-holder shall be entitled to
have the partition re-opened. ]
Appeals 13. (1) Any party aggrieved by an order under sub-section (2) of
Section 11 of Section 12, may, within thirty days of the date of the order,
prefer an appeal to the 2[Commissioner] within whose jurisdiction the
land or any part thereof is situate.
(2) The 2[Commissioner] shall dispose of the appeal as
expeditiously as possible and his decision thereon shall be final and
conclusive and be not questioned in any court of law.
(3) Where an appeal is preferred under this section, theExcerpt shown. Open the full act in Lexace.