Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960

[U.P. Act 1 of 1961] [29th August, 1959]

CONTENTS 
1. Short title, extent and commencement 
2. Application of the Act to certain areas with exceptions or modifications 
3. Definitions 
4. Ceiling area 
Chapter II 
IMPOSITION OF CEILING ON LAND HOLDING, EXEMPTION AND ACQUISITION OF SURPLUS LAND 
5. Imposition of ceiling of existing land holdings 
6. Exemption of certain land from the imposition of ceiling 
7. Exemption of land under cultivation of Pan, Keora, Bela, etc.
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 
9. General notice to tenure-holders holding land in excess of ceiling area for submission of statement in respect thereof 
10. Notice to tenure-holders 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 
13. Appeals 
14. Acquisition of surplus land 
15. Disposal of property left on surplus land 
16. Settlement of part of surplus land for planting grove 
Chapter III 
DETERMINATION AND PAYMENT OF COMPENSATION 
17. Manner of payment of compensation 
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 compensation 
23. Compensation money to be placed at the disposal of the court or authority 
Chapter IV 
DISPOSAL AND SETTLEMENT OF SURPLUS LAND 
24. Surplus land of a mechanized farm 
25. Use of surplus land for other public purposes 
26. Settlement or letting out of surplus land by Collector 
27. Settlement of surplus land 
28. Terms and conditions of Settlement 
29. Future acquisitions 
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 applicable] hereditary rates 
34. Acquisition of the ceiling area applicable to the holder of a mechanized farm on his application 
35. Penalties 
36. Offences by companies and Co-operative 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 
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 Indian Limitation Act, 1908 
43. Delegation of power 
44. Power to make Rules 
45. Repeal

 

SCHEDULE

An Act 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:

## Section 1. Short title, extent and commencement.—(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.

(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.

## Section 2. Application of the Act to certain areas with exceptions or modifications.—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:

(i) the Urban areas to which the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956 (U.P . Act no. IX of 1957) extends;

(ii) the Uttarakhand Division and Kumaon Division except the Kashipur Sub-division and such areas of T arai and Bhabar Sub-division where no intermediaries exist; and

(iii) the Pargann of Jaunsar-Bawar in the Dehradun district.

## Section 3. Definitions.—In this Act, unless there is anything repugnant in the subject or context—

 

(a) “Ceiling Area” means the area of land, not being land exempted under this Act, determined as such in accordance with the provisions of section 4;

(b) “Fair Quality Land” means land the hereditary rate whereof is above rupees six per acre;

(c) “Family” means as consisting of the holder of a holding and any or all of his following relations, not being tenure-holders in their own separate right:

(i) wife or husband, as the case may be;

(ii) dependent father and dependent mother;

(iii) son and son's son, as long as they are unseparated from the holder;

(iv) wife or widow of the persons mentioned in sum clause (iii);

(v) daughter and unseparated son's daughter, as long as they are unmarried.

Provided that where a relation falls under the above clause in more than one family, he shall nevertheless be a member of only one family in accordance with his choice, or if he is under any disability, in accordance with the choice of the person legally authorised to do so on his behalf.

Explanation—For the purpose of this clause a son or son's son shall be deemed to be separate where land is recorded separately in his name or where his separate share has been declared under a family settlement, either registered or acted upon prior to the twentieth day of August, 1959, or by a decree of court passed prior to or in a suit pending on the twentieth day of August, 1959, or where separate land has been assigned to him under section 12-B of the U.P . Consolidation of Holdings Act, 1953 (U.P .

Act V of 1954), or the Large Land Holding T ax Act, 1957 (U.P . Act XXXI of 1957)).

(d) “Holding” means the land or lands held by a person as a bhumidhar, sirdar, asami of Goan Samaj or an asami mentioned in section 11 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P . Act I of 1951), or as a tenant under the U.P . T enancy Act, 1939 (U.P . Act XVII of 1939), other then a sub-tenant, or as lessee where the period of the sub-lessee of a Government with the period of the lease;

(e) “Mechanised Farm” means a holding cultivated mainly by a tractor for a period of not less than three successive years prior to the date of enforcement of this Act;

(f) “Person” shall include a family, a limited liability company, and a society registered under any law;

(g) “Prescribed” means prescribed by rules made under this Act;

(h) “Prescribed Authority” means the person empowered by the State Government, by notification in the official Gazette, to perform the functions of a Prescribed Authority under this Act for such area or areas as may be specified in that behalf;

 

(i) “State” means the State of Uttar Pradesh;

(j) “State Government” means the Government of Uttar Pradesh;

(k) “Surplus Land” means land held by a tenure-holder in excess of the ceiling area applicable to him and shall include buildings, wells and trees existing thereon;

(l) “T enure-holder” means an individual or a person who is the holder of a holding;

(m) “Co-operative society” means a co-operative society registered under the Co-operative Societies Act, 1912; and

(n) the words and expressions not defined in this Act but used in the U.P . Zamindari Abolition and Land Reforms Act, 1950 (U.P . Act of 1951), shall have the meanings assigned to them in that Act.

## Section 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 of Fair Quality Land for every additional member of the family, subject to a maximum of twenty-four such acres:

Provided that, if at any time the family comes to consist of not more than five members, all land held by the tenure-holder in excess of 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 of such land, the hereditary rate whereof is above rupees four per acre, but does not exceed rupees six per acre, and two acres of such land, the hereditary rate whereof is rupees four or less per acre, will be deemed to be equal to one acre of Fair Quality Land.

Chapter II

IMPOSITION OF CEILING ON LAND HOLDING, EXEMPTION AND ACQUISITION OF SURPLUS LAND

## Section 5. Imposition of ceiling of existing land holdings.—(1) As and from 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 or partition 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 Holding Act, 1953 (U.P . Act V of 1954); 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.

## Section 6. Exemption of certain land from the imposition of ceiling.—Notwithstanding anything contained in this Act, land 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—

(i) grove land existing as such prior to the first day of May, 1959;

(ii) land used for industrial purposes within the meaning of section 143 of the U.P . Zamindari Abolition and Land Reforms Act, 1950 (U.P . Act I of 1951).;

(iii) land, not exceeding two acres in area used for cattle shed, compost pits, thrashing floor or for such other purposes as may be prescribed;

(iv) land occupied by a residential house with the area appurtenant thereto;

(v) land used as cremation ground or as a grave-yard, but excluding cultivated land;

(vi) land used for tea, coffee or rubbel plantations, and to the extent prescribed, land required for purposes ancillary thereto and development of such plantations;

(vii) land used for pharmacological and such herbal and other plantations as the State Government may by notification in the official Gazette exempt;

(viii) land held by or under a religious or charitable waqf, trust or endowment from before the first day of May 1959;

Explanation—For purposes of this clause a charitable or religious waqf, trust or endowment shall have the same meaning as in section 76 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P . Act I of 1951).

(ix) land held for the purposes of an educational institution by a society registered under the Societies Registration Act, 1860 (Act XXI of 1860), or by any body corporate;

(x) land held by Gosadans and Goshalas recognized by the State Government in the manner prescribed;

 

(xi) land, which is the property of the Union Government, and land vested in or in possession of the State Government or any local authority including a Goan Sabha, other than land let out for any of the purposes mentioned in clause (14) of section 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P . Act I of 1951);

(xii) land vested in a Goan Samaj or a local authority under section 117 or section 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, other than land let out under that Act;

(xiii) land held by a Bhoodan Yagna Committee for distribution in accordance with the provisions of the Uttar Pradesh Bhoodan Yagna Act, 1952 (U.P . Act I of 1953), other than land in respect whereof a grant has been made under that Act;

(xiv) land held by the Ruler of an erstwhile merged State which because of the conditions of the merger agreement between him and the Government of India or the collateral letters appended thereto cannot be acquired by the State Government without his concurrence;

(xv) land held by and in its own name by a co-operative society where the bulk of the operations on such land relating to agriculture, horticulture or animal husbandry, including pisciculture and poultry farming, are performed by members of the society.

(xvi) land acquired by any Co-operative Society by purchase from a tenure-holder in lieu of mortgage debt;

(xvii) land, other than land used for purely agricultural Purposes, included in specialized farm and exclusively devoted to poultry farming or dairying or other such purses, as may be prescribed;

Explanation—Land for the purposes of this clause shall indlude land, exclusively used by the tenure-holder for growing fodder for purposes of his dairy.

(xviii) land let out after the enforcement of this Act to a Government lessee for reclamation and cultivation or for cultivation of Prescribed specialized crops or for other such purposes as may be prescribed; and

(xix) land covered by farm roads, which are used for vehicular traffic throughout the year.

## Section 7. Exemption of land under cultivation of Pan, Keora, Bela, etc.—Notwithstanding anything contained in this Act, the land of the tenure-holder used for cultivation of Pan, Keora, Bela, Chameli or Gulab where such person—

(a) has no land used for any other cultivation; or

(b) declares all the land used for other cultivation as surplus land under section 9 or 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 comprised 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 ceding 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 or 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 of compensation payable to the asami or the sub-lessee, as the case may be, under the provisions of this Act.

## Section 9. General notice to tenure-holders holding land in excess of ceiling area for submission of statement in respect thereof.—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.

## Section 10. Notice to tenure-holders failing to submit a statement or submitting an incomplete or incorrect statement.—(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 sections 6 and 7 and the plot or plots 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.

## Section 11. Determination of surplus land where no objection is filed.—(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.

(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.

## Section 12. Determination of the surplus land by the Prescribed Authority where an objection is filed.—(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.

## Section 13. Appeals.—(1) Any party aggrieved by an order under sub-section (2) of section 11 or section 12, may, within thirty days of the date of the order, prefer an appeal to the District Judge within whose jurisdiction the land or any part thereof is situate.

(2) The District Judge 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, the District Judge may stay enforcement of the order appealed for such time and on such conditions as may be considered just and proper.

## Section 14. Acquisition of surplus land.—(1) The Prescribed Authority shall—

(i) in case, where the order passed under sub-section (1) of section 11 has become final; or

(ii) in case, where no appeal has been preferred under section 13, after the expiry of the period of limitation provided therefor; or

(iii) in case, where an appeal has been preferred under section 13, after its decision;

notify in the official Gazette the surplus land determined sections 11, 12 or 13, as the case may be.

 

(2) As from the beginning of the date of the notification under sub-section (1) all such surplus and shall stand transferred to and vest, except as hereinafter provided, in the State free from encumbrances and all rights, title and interests of all persons in such land shall, with effect from such date, stand extinguished.

(3) On the publication of the notification under sub-section (1), any person claiming interest as a tenure-holder or a lessee in possession from the tenure-holder, in the surplus land respect of which the notification has been published, may, within thirty days thereof, file an objection before the Prescribed Authority indicating the extent of his interest in such land.

(4) The Prescribed Authority shall for reasons to be recorded in writing dispose of the objections after affording to the objector, the tenure-holder concerned and the State Government, reasonable opportunity of being heard and of producing evidence.

(5) Any person aggrieved by an order under sub-section (4) may, within thirty days of the date of the order, prefer an appeal to the District Judge in whose jurisdiction the land or any part thereof is situate. The order of the District Judge shall be final and conclusive and be not questioned in any court of law.

(6) In disposing of an objection or an appeal under this section, the Prescribed Authority or the District Judge, as the case may be, shall accept any decision of a court of competent jurisdiction in respect of the rights of the parties.

(7) No person, other than a tenure-holder or a lessee of the tenure-holder whose right, title or interest in the surplus land has been recognized under the provisions hereinbefore contained, shall for purposes of this Act, be considered to have any right, title or interest in the surplus land.

(8) The Collector may, at any time, after the publication of the notification under sub-section (1) and subject to any order passed under sub-sections (4) and (5) take possession of the surplus land and may for that purpose use such force as may be necessary.

## Section 15. Disposal of property left on surplus land.—(1) Where possession of the surplus land is taken by the Collector under the provisions of sub-section (8) of section 14, the Collector shall permit the person in possession—

(i) to tend, gather or remove any ungathered crop of fruits of trees on such land within such period as may be necessary; and

(ii) to remove any other property belonging to such person and existing on such land within such period, not being less than twenty-one days from the date of the order, as the Collector may fix in this behalf.

(2) On failure of the persons concerned to gather or remove the crop or fruits of trees or any other property on the surplus land, within the period fixed therefor under sub-section (1) the Collector may remove or cause to be removed and sold by public

 

auction any such crop or fruits of trees or property in such manner as may be prescribed.

(3) Where any crop, fruits or property is sold under sub-section (2), the sale proceeds thereof, shall, after deducting the expenses of the sale, be paid to the person in possession after lapse of thirty days from the date of the sale:

Provided that where a claim to such sale proceeds is made by any other person before the Collector within thirty days of the date of the sale, the Collector shall decide such claim and if necessary, make an apportionment and order payment accordingly. Where on the material before him the Collector is unable to decide such claims or make an order of apportionment, he shall direct the parties concerned to get the matter in dispute decided by a court of competent jurisdiction. The balance of the sale proceeds shall thereupon be paid or apportioned, as the case may be, according to the decision of that court.

## Section 16. Settlement of part of surplus land for planting grove.—(1) Notwithstanding anything contained in section 5, and subject to such terms and conditions as may be prescribed, ten per cent of the surplus land of a tenure-holder may, subject to a maximum of ten acres, be settled with him on his giving an undertaking in writing to plant a grove on such land within such period as may be prescribed.

(2) Where a grove is not planted on the land settled under sub-section (1) within the prescribed period, such land may be resumed by the Prescribed Authority for and on behalf of the State Government in such manner as may be prescribed.

(3) Any person aggrieved by an order under sub-section (2) may, within thirty days of the date of the order, file an objection against it to the Collector who shall, after affording to such person reasonable opportunity of being heard and of producing evidence, if any, decide the same.

(4) The decision of the Collector under sub-section (3) shall law and conclusive and be not questioned in any court of law.

Chapter III

DETERMINATION AND PAYMENT OF COMPENSATION

## Section 17. Manner of payment of compensation.—(1) Subject to the provisions of the sub-section (2), every tenure-holder, whose surplus land has vested in the State under the Provisions of this Act, shall be entitled to receive and be paid compensation as laid down in the Schedule and as determined in the manner provided hereinafter.

(2) The sub-tenant or asami of the tenure-holder, not being an asami mentioned in section 11 of the U.P . Zamindari Abolition and Land Reforms Act, 1950 (U.P . Act I of 1951), shall be entitled to receive and be paid compensation out of the compensation of the tenure-holder. The compensation payable to the sub-tenant or the asami shall be the aggregate of the land revenue for the unexpired period of his subordinate interest

 

computed at hereditary rates, so however that the sub-tenant or the asami shall not, in any case, be entitled to more than one-fourth of the compensation payable to the tenure-holder. The compensation shall be apportioned between the tenure-holder and the sub-tenant or the asami by the compensation Officer.

(3) Nothing in this Act shall prevent any person, not being a person referred to in sub-sections (1) and (2), having any right, title or interest in the surplus land, or any person having any claim to compensation against the person entitled thereto under the provisions of this Act, from claiming any right, title or interest in such compensation in any court of competent jurisdiction.

## Section 18. Compensation Officer.—All proceedings relating to assessment and payment of compensation payable under section 17 shall be had before the Compensation Officer appointed by the State Government in this behalf.

## Section 19. Preliminary publication of the Draft Compensation Assessment Roll.—(1) The Compensation Officer shall, in respect of every person entitled to compensation under section 17, cause to be prepared a draft compensation assessment roll in such form and in such manner as may be prescribed.

(2) The draft compensation assessment roll prepared under sub-section (1), together with a notice calling upon every person referred to in that sub-section, to show cause within twenty-one days from the date of service thereof, why the draft compensation assessment roll be not taken as final, shall be served on every such person in such manner as may be prescribed.

## Section 20. Cases where no objections are filed.—(1) Where no objection is filed under section 19, as to the correctness of the draft compensation assessment roll, the Compensation Officer shall declare it as the Compensate Assessment Roll.

(2) The Compensation Officer shall, on application made within thirty days from the date of the order under sub-section (1) by the person aggrieved by such order passed in his abseil and on sufficient cause being shown for his absence set aside the order and allow such person to show cause why the draft compensation assessment roll be not taken as final.

(3) An appeal shall lie from an order passed under sub-section (2), within thirty days of the date of that order, to the District judge in whose jurisdiction the land or any part thereof is situate.

## Section 21. Disposal of objections.—(1) The Compensation Officer shall hear any person showing cause under sub-section (2) of section 19 or in pursuance of any order under sub-section (2) or sub-section (3) of section 20, and after affording an opportunity to such person for the production of evidence, give his decision in writing with reasons therefor. The Compensation Officer shall prepare and declare the compensation assessment roll in accordance with such decisions.

 

(2) An appeal shall lie from an order passed under sub-section (1), within thirty days of the date of that order, to the District Judge in whose jurisdiction the land or any part thereof is situate.

(3) The District Judge shall hear and decide the appeal as expeditiously as possible and, where necessary, the compensation assessment roll shall be amended in accordance with such, decision.

(4) Subject to the correction of any clerical or arithmetical mistake by the Compensation Officer or the District Judge, the compensation assessment roll, declared- under section 20, or declared or modified under this section, shall be final and conclusive and be not questioned in any court of law.

## Section 22. Manner of payment of compensation.—(1) Subject to the provisions of section 23, the amount of compensation entered in the compensation assessment roll shall be paid in cash or in bonds or partly in cash and partly in bonds, as may be prescribed, to the person who is entered in such roll as being entitled to it or to his legal representative.

(2) Compensation under this Act shall be due as from the date of dispossession of the person entitled to the compensation and shall be payable on the determination thereof.

(3) There shall be paid by the State Government on the amount of compensation determined under this Act interest at the rate of three and a half per centum per annum from the date on which compensation becomes due to the date of determination, in case the amount is payable in cash, and to the date of redemption of bond, in case the amount is payable in bonds.

(4) The payment of compensation in accordance with the provisions of this Act shall be full discharge of all, liability of the State Government for compensation in respect of the us land, but shall not prejudice any right, in respect of such compensation of any other person against the person to whom such Payment is so made.

## Section 23. Compensation money to be placed at the disposal of the court or authority.—Where before any court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to the whole or part of the amount of compensation payable under this Act, the court or authority may require the Compensation Officer to place at its disposal the amount so payable or to dispose it of in accordance with its orders. The Compensation Officer shall comply with any such order of the court or authority.

Chapter IV

DISPOSAL AND SETTLEMENT OF SURPLUS LAND

## Section 24. Surplus land of a mechanized farm.—(1) The State Government may for such period as may be necessary in the public interest of settling the surplus land of a mechanized farm run the same as a State farm and it may, for that purpose, appoint a

 

suitable person as a Manager subject to such terms and condition as may be prescribed. Where the holder of a mechanized farm is a person having qualification, prescribed for the purpose the State Government when appointing a manager shall give preference to such holder.

(2) The State Government may in the public interest extend the period hereinbefore mentioned from time to time.

## Section 25. Use of surplus land for other public purposes.—The State Government may, instead of settling any surplus land in accordance with the provisions of this Act, use or permit the use either temporarily or permanently of the whole or any portion of such land for any purpose for which such land could have been acquired under the Land Acquisition Act, 1894 (Act I of 1894).

## Section 26. Settlement or letting out of surplus land by Collector.—(1) All settlement of surplus land vested in the State shall be made on behalf of the State Government by the Collector in accordance with the provisions of section 27.

(2) The Collector may, for any interim period, between taking possession of surplus land and its settlement under section 27, let it out to any person for cultivation on such terms and conditions as may be prescribed.

## Section 27. Settlement of surplus land.—(1) The State Government shall settle out of the surplus land in a village in which no land is available for community purposes or in which the land as available is less than 15 acres with the Gaon Samaj of that village so however that the total land in the village available for community purposes after such settlement does not exceed 15 acres. The land so settled with the Gaon Samaj shall be used for planting trees, growing fodder or for such other community purposes as may be prescribed.

(2) Subject to the provisions of sub-section (1) where any surplus land had immediately preceding the date of vesting in the State under this Act, been held by a member of a co-operative society, such land may, if the society so desires be settled by the State Government with the society.

(3) Any surplus land remaining unsettled under the provisions of the preceding sub-section may be settled by the State Government:

(a) If the remaining land is less then 15 acres in the village with a co-operative society of such tenure-holder, at least three-fourths of whom are holders of less than 000100_1960_imposition_of_ceiling_on_land_holdings_act_1960_1.png acres of land each; and

(b) If the remaining land is more than 15 acres in the village with a co-operative society of landless agricultural labourers; so however that the total land allotted to such society, under this clause, if equally divided between all the members would give

to

each

one

not

more

than

000100_1960_imposition_of_ceiling_on_land_holdings_act_1960_2.png acres of land.

 

(4) Any surplus land remaining after settlement under clause (b) of sub-section (3) may be settled by the State Government with any co-operative society no member whereof

prior

to

such

settlement

holds

more

than

000100_1960_imposition_of_ceiling_on_land_holdings_act_1960_3.png acres of land in his own right.

## Section 28. Terms and conditions of Settlement.—(1) All settlement of land under section 27 shall be made in the manner and subject to such terms and conditions as may be prescribed.

(2) Notwithstanding the provisions of section 5 no limit of ceiling area shall apply to any co-operative society with which any land is settled in accordance with the provisions of section 27.

(3) Notwithstanding the provisions of any law for the time being in force, no person with whom any land has been settled under section 27 or to whom land has been let out under sub-section (2) of section 26 shall acquire any right in such land in derogation of the terms and conditions under which the land has been settled or let out.

## Section 29. Future acquisitions.—Where, after the imposition of ceiling under this Act—

(a) any land has come in possession of a tenure-holder under a decree or order of any court, or as a result of succession or transfer, other than gift or sale, and such land together with the land already held by him exceeds the ceiling area applicable to him; or

(b) the whole or any part of the land of a tenure-holder exempted under section 6 or section 7 so loses its character as to cease to fall under any of the categories mentioned therein, or if the land on which a grove has been planted under section 16 ceases to be grove land,

such land shall be liable to be treated as surplus land.

## Section 30. Determination of surplus land regarding future acquisition.—(1) Where any land has become liable to be treated as surplus land under clause (b) of sub-section (2) of section 4 or under section 29, the tenure-holder shall, within such period as may be prescribed, submit a statement to the Prescribed Authority in the form and in the manner laid down under section 9 indicating in the statement the plot or plots which he would like to retain as a part of his ceiling area.

(2)(a) Where the statement submitted under sub-section (1) is accepted by the Prescribed Authority, it shall proceed determine the surplus land accordingly.

(b) Where a tenure-holder fails to submit a statement required to be submitted under sub-section (1) or submits as incomplete or incorrect statement, the Prescribed Authority shall proceed in the manner laid down under section 10.

 

(c) The provisions of this Act in respect of declaration, acquisition, disposal and settlement of surplus land, shall, mutatis mutandis, apply to surplus land covered by this section.

## Section 31. Land gained by the recess of river.—Where after the imposition of ceiling under this Act, any land is, by recession of any river, added to any holding, under any law or custom and the area of the land so added, together with the area of other existing land held by a tenure-holder, exceeds the ceiling area applicable to him—

(i) such land shall, to the extent necessary to make up the ceiling area applicable to him and contiguous to his existing holding, be deemed to be settled with the tenure-holder subject to the payment of proportionate additional land revenue and on the same terms and conditions as his existing holding;

(ii) the area in excess of the ceiling area applicable to the tenure-holder, shall, notwithstanding anything to the contrary in the Bengal Alluvion or Deluvion Regulation, 1825 (Bengel Regulation XI of 1825), or any custom or usage, for the time being in force, vest in the State Government; and

(iii) the land vesting in the State Government under the provisions of clause (ii) shall be surplus land and shall be dealt with as such in accordance with the provisions of this Act.

Chapter V

MISCELLANEOUS

## Section 32. State Government to be a party to all proceedings under this Act.—(1) The State Government shall be a party to every proceeding under the provisions of this Act.

(2) Notwithstanding anything contained in this Act, the period of limitation for filing an appeal by the State Government shall be ninety days from the date of the order appealed against.

## Section 33. Power to determine or modify [applicable] hereditary rates.—(1) For the purposes of this Act—

(i) the Prescribed Authority may, in areas where no hereditary rates have been sanctioned, fix the hereditary rates; on such principles as may be prescribed; and

(ii) the State Government may, in areas where marked changes have taken place since the last settlement in the extent of cultivated land, extent and manner of irrigation, means of communication, density of population or the cropping system, modify, by publication in the official Gazette, the existing sanctioned hereditary rates in the manner prescribed.

(2) The fixation of hereditary rates under clause (i) or the modification thereof under clause (ii) of sub-section (1) shall be so done that the fixation or modification of rates, as the case may be for the same class of soil in the same area is as nearly uniform as

 

may be possible, and the rates fixed shall in no case be more than one-fifth of the produce value of the land.

## Section 34. Acquisition of the ceiling area applicable to the holder of a mechanized farm on his application.—(1) On the acceptance by the Prescribed Authority of an application by the holder of a mechanized farm to surrender the ceiling area applicable to him, the land of such holder shall become surplus land and a declaration to this effect shall be notified by the Prescribed Authority in the official Gazette.

(2) On the issue of the notification referred to in sub-section (1) all the provisions of this Act relating to surplus land including the provisions for payment of compensation shall mulatis mutandis apply.

## Section 35. Penalties.—Whoever contravenes any order passed under this Act or obstructs any person from taking possession of any land in accordance with the provisions of this Act, or fails to furnish the statement required to be submitted under sub-section (1) of section 30 or makes or submits a statement, or furnishes any information which is false and which he has reason to believe to be false, shall be punishable with fine which may extend to one thousand rupees.

## Section 36. Offences by companies and Co-operative Society.—(1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed was committed was incharge of, and was responsible to, the company for the conduct of its business, as well as the company shall be deemed to be guilty of the offence and shall be liable to be punished under section 35:

Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be punished.

Explanation—For the purposes of this section—

(a) “Company” means any body corporate and includes 3 co-operative society or a firm or other association individuals; and

(b) “Director” in relation to a firm means a partner in the firm.

## Section 37. Powers of officers and authorities in hearing and disposal of objections and the procedure to be followed.—Any officer or authority holding an enquiry or hearing an objection under this Act, shall, in so far as it may be applicable, have all the powers and privileges of a civil court, and follow the Procedure laid down in the Code of

 

Civil Procedure, 1908 (Act V of 1908) for the trial and disposal of suits relating to immovable property.

## Section 38. Powers of the appellate court and the procedure to be followed by it.—(1) In hearing and deciding an appeal under this Act, the appellate count shall have all the powers and the privileges of a civil court and follow the procedure for the hearing and disposal of appeals laid down in the Code of Civil Procedure, 1908 (Act V of 1908).

(2) Where, under the provisions of this Act, an appeal has to be heard by the District Judge, he may either hear the appeal himself or transfer it for hearing to any Civil Judge subordinate to him.

## Section 39. Protection of action taken under this Act.—No suit, prosecution or other legal proceeding shall lie against any person for anything done or purported to be done in good faith and in pursuance of this Act or any rule framed or order passed under this Act.

## Section 40. Mode of recovery of any amount under this Act.—Any sum payable to the State Government under the provisions of this Act may be realised as an arrear of land revenue.

## Section 41. Recovery of arrears of land revenue, etc.—All arrears of land revenue, or cesses or other dues in respect of any holding or holdings, part or parts whereof have been acquired under this Act and all amounts due from the holder thereof under the Land Improvement Loans Act, 1883 (Act XIX of 1883) or the Agricultural Loans Act, 1884 (Act XII of 1884) or the U.P . Agricultural Income T ax Act, 1948 (U.P . Act no. III of 1949) or the U.P . Large Land Holdings T ax Act, 1957 (U.P . Act no. XXXI of 1957) may, without prejudice to any other mode of recovery, be recovered by deducting the outstanding amount from the amount of compensation payable under Chapter III.

## Section 42. Application of the Indian Limitation Act, 1908.—The provisions of sections 5 and 12 of the Indian Limitation Act, 1908 (Act IX of 1908), shall be applicable to all proceedings, including proceedings in appeals, applications and objections under this Act.

## Section 43. Delegation of power.—The powers of the Collector under this Act may be exercised by an Assistant Collector of the first class in-charge of the sub-division in which the surplus land lies or by any other Assistant Collector of the first class specially empowered by the Collector in this behalf.

## Section 44. Power to make Rules.—(1) The State Government may, after previous publication in the official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or of any of the following matters, namely—

(a) the manner in which any notice or order under this Act may be served or published;

 

(b) the procedure which the Collector shall follow while exercising powers conferred by this Act;

(c) the manner and the principle under which expenses, referred to in sub-section (3) of section shall be calculated;

(d) the fees payable on a petition or appeal under this Act; and

(e) the matters which are to be and may be prescribed.

(3) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as they are made, and shall be subject to such modifications as the Legislature may make during the session in which they are so laid.

## Section 45. Repeal.—(1) With effect from the thirtieth day of June, 1961, the U.P . Large Land Holdings T ax Act, 1957 (U.P . Act XXXI of 1957), except section 28 thereof, shall stand repealed.

(2) Notwithstanding the repeal of the U.P . Large Land Holdings T ax Act, 1957 (U.P . Act XXXI of 1957), and without prejudice to the provisions of the U.P . General Clauses Act, 1904 (U.P . Act I of 1904), the repeal under sub-section (1) shall not—

(a) affect the previous operation of the Act so repealed or anything done or suffered thereunder; or

(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or

(c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or

(d) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, or

(e) affect the right to take action under section 15 of the U.P . Large Land Holdings T ax Act, 1957 (U.P . Act XXXI of 1957), in accordance with the provisions of that Act in respect of a land holding which has escaped assessment;

and any such investigation, legal proceeding, remedy or action for assessment may be instituted, continued, enforced or taken and any such penalty, forfeiture, punishment or assessment may be imposed or made as if the U.P . Large Land Holdings T ax Act, 1957 (U.P . Act XXXI of 1957), had remained in force on all material dates.

SCHEDULE

(Section 17)

Part I

 

(Areas where the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applies)

Forty times of the land revenue determined at hereditary rates applicable or eighty times of the land revenue payable, whichever is greater; and

(a) Bhumidhar

..

..

where the land revenue payable is less than that

determined at hereditary rates applicable an additional amount equal to twenty times of the difference between the two

(i) If the asami holds land in perpetuity, one-eighth of the amount of compensation calculated as in the case of item (a) above.

(ii) If the asami holds land for his life time, five-eighth of the amount compensation calculated as in the case of item (a) above.

Five times rent payable by him.

(i) If the asami holds land in perpetuity, seven-eighth of the amount of conn pensation calculated as in the case of item (a) above.

(ii) If the asami holds land for his life-time three-

 

(iii) If the asami holds land for a specified period, half of the land revenue determined at hereditary rates applicable for each year, of the unexpired period of the lease, subject to a maximum of thirty-five times the land revenue so computed.

Explanation—The, hereditary rate applicable to any portion of the holding which is barren, shall be deemed to be -/1/- per acre.

Part II

(Areas where Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 does not apply)

(a) Occupancy, Ex-T wenty times the rent determined at the hereditary rates proprietary, hereditary applicable; and where the rent payable is less than the tenants and grantees at amount so determined an additional amount equal to favourable rate of rent. twenty times of the difference between the two.

(b) Other tenants .. .. Five times the rent payable.

Explanation—The hereditary rate applicable to any portion of holding which is a barren shall be deemed to be -/1/- per acre.

Part III—Government Lessee

(a) The compensation payable to a Government Lessee shall be calculated with the reference to the compensation provided for a tenure-holder falling under part I or II, as the case may be, with whose terms and conditions the terms of the Government grant conform as near as possible.

(b) The compensation payable to a sub-lessee of a Government Lessee mentioned in clause (d) of section 3 shall be seven-eighth of the compensation calculated as in the case of item (a) above and the balance shall be paid to the Government Less concerned.

Part IV

T en to twenty times, as may be determined having regard to condition (a) Buildings and nature of the building, of the gross annual letting value or if no .. .. letting value is known the letting value as ascertained in the manner prescribed.

Note—The compensation for building shall include the compensation for land on which the building stands.

 

Cost of constructing a similar well or channel, as the case may be, minus depreciation at the rate of 2 per

Cost of the material of the cylinder and platform or the channel, as the case may be, minus depreciation at the