Uttar Pradesh act 001 of 1961 : The UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960

CHAPTER I

Preliminary

CHAPTER II

Imposition of ceiling on land holdings, exemption and acquisition of surplus land

CHAPTER III

Determination and payment of amount

CHAPTER IV

Disposal and Settlement of Surplus Land

CHAPTER V

Miscellaneous

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.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
29-06-1961	THE U.P. IMPOSITION OF CEILING ON LAND HOLDINGS RULES, 1961

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 extends ;
(ii) the ¹[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.

1. Subs. by sec. 4 of U. P. Act 20 of 1976.

Section 3.Definitions

¹[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 ;

²[(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) ;

(8) grove land means any specific piece of land in a holding having trees (not including ³[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 ;

⁴[(11) irrigated land means land determined as such in the manner laid down in section 4-A. ]

⁵[(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 ;

(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 ⁶[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 ⁷[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.]

1.Subs. by Sections 3 of U. P. Act No. 18, 1973
2.Subs. by sec. 5(a) of U. P. Act 20 of 1976. [deemed to have been substituted from 8 June, 1973]
3. Subs. by sec. 5 (b) of U. P. Act 20 of 1976. [deemed to have been substituted from 8 June, 1973]
4. Subs. by sec. 5 (c) of U. P. Act 20 of 1976. [deemed to have been substituted from 8 June, 1973]
5. Subs. by sec. 3(b) of U.P. Act No. 2, 1975.
6. Ins. by sec. 3 (c) of U.P. Act No. 2, 1975.
7, Ins. by sec. 3(d) of U.P. Act No. 2, 1975.

Section 4.Determination of area for purposes of ceiling and exemptions

¹[For purposes fo determining the ²[ceiling area] under Section 5 or any exemption under Section 6-

(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) ³[]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

⁴[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. ]

1. Section 4 as follows substituted by sec. 4 of U.P. Act no. 18 of 1973
2. 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.
3.Subs. by sec. 4 (a) of U. P. Act 2 of 1975.
4. Ins. by sec. 4 (b) of U. P. Act 2 of 1975

Section 4A.Determination of irrigated land

¹[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

(i) any canal included in Schedule no. 1 of irrigation rates notified in notification no. 1579-W/XXIII62-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. Ins. by sec. 5 of U. P. Act 2 of 1975.

Section 5.Imposition of ceiling

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 ; ]

(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) ⁵[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 ;

(d) ⁶[ * * * * *]

(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 ⁷[clause (a) or clause (b)] ;

(q) for purposes of service of notice under Section 9.

(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.

⁸[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 ⁹[clause (e)] of subsection (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.

¹⁰[ Explanation I- For the purposes of this sub-section, the expression transfer of land made after the twenty-fourth day of January, 1971, includes

¹¹[(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 ; ]

¹²[(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) ¹³[ * * * * ]

(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.

¹⁴[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. ]

¹⁵[(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.]

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.
5.Subs. by sec. 6 (c) (i) of U. P. Act 2 of 1975.
6. Omit. by sec. 6 (c) (ii) of U. P. Act 2 of 1975.
7. Subs. by sec. 6 (c) (iii) of U. P. Act 2 of 1975.
8.Ins. by sec. 6(d) of U. P. Act 2 of 1975.
9. Subs. by sec. 6(e) of U. P. Act 2 of 1975.
10. Ins. by sec. 6(f) of U. P. Act 2 of 1975. (explanation renumbered and inserted)
11. Subs. by sec. 6(b) of U.P. Act No. 20 of 1976.
12Ins. by sec. 6(f) of U.P. Act No. 2 of 1975.
13. Omit. by sec. 6(c) of U. P. Act 20 of 1976.
14. Ins. by sec. 6(g) of U. P. Act 2 of 1975. Explanation 2 renumbered.
15. Ins. by sec. 6(d) of U.P. Act No. 20 of 1976

Section 6.Exemption of certain land from the imposition of ceiling

¹[(1) Notwithstanding anything contained in this act, land falling in any of the categories mentioned below shall not be taken into 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 ;

(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 ;

²[ (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) ³[ * * * * * ]

⁴[Explanation Nothing in clause (f) of sub-section (1) shall apply in relation to a Goshala referred to in clause (g) of that subsection; ]

⁵[ (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.

(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 subsection (3)

⁶[(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.]

1. Ins. by sec. 6(f) of U.P. Act No. 2 of 1975.
2. Subs. by sec. 7(a) of U. P. Act 2 of 1975.
3. Omit. by sec. 6(b) of U. P. Act 2 of 1975.
4. Ins. by sec. 7(a) of U. P. Act 20 of 1976.
5. Ins. by sec. 7(b) of U. P. Act 20 of 1976. (Always to have been)
6. Subs. by sec. 2 of U. P. Act 56 of 1976.

Section 7.Bar of suit on basis ofcertain contracts for transfer of land

¹[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. ]

1. Subs. by sec. 3 of Act no. 18 of 1973 ;

Section 8.Rights of tenure holder and other members of his family in land held within ceiling Area

¹[ 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 tenureholder’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. 3 of U.P. Act no. 18 of 1973.

Section 9.General notice to tenureholders holdings land in excess of ceiling area for submission of statement in respect thereof

[ (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 ;

(b) acquired or disposed of by him or by members of his family between January 24, 1971 and October 10, 1975. ]³

(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.]

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.

Section 10.Notice to tenureholders 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 ¹[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.

1.Subs. by sec. 5 of U.P. Act No. 18 of 1973

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 tenureholder 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 12A.Insertion of new section 12A

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 tenureholder ;

(b) where the tenure-holders 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 tenureholders 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 cooperative 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 ;

(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 ³[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.]

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.)
3.Subs. by sec. 9 (ii) of U. P. Act no. 20 of 1976. (deemed to be always have been substituted)
4. Subs. by sec. 2 of U. P. Act no. 3 of 1986

Section 13.Appeals

(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 ¹[Commissioner] within whose jurisdiction the land or any part thereof is situate.

(2) The ¹[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, the ¹[Commissioner] may stay enforcement of the order appealed against for such time and on such conditions as may be considered just and proper:

²[Provided that the enforcement of the order appealed against shall not be stayed in respect of that part of the land, the surplus character of which was either not disputed in an objection under subsection (2) of Section 10 or under sub-section (2) of Section 11 or is not disputed in the appeal of any stay order passed under this sub-section (2) of Section 11 or is not disputed in the appeal of any stay order passed under this sub-section before twenty-eighth day of September, 1970, shall on an application being made in that behalf to the appellate court by the State Government, be modified by that court accordingly.

Explanation — For the purposes of this proviso any dispute respecting the regularity, validity or legality of a notice under Section 9 or Section 10 or of the proceedings before the prescribed authority shall not, by itself be deemed to be a dispute respecting the surplus character of land. ]

1. Subs. by sec. 2 of U. P. Act no. 3 of 1986.
2. Ins. by sec. 8 U. P. Act no. 35 of 1970.

Section 13A.Redetermination of surplus land in certain cases

¹[13-A. (1) The prescribed authority may, at any time, within a period of two years from the date of the notification under ²[subsection (4) of section 14] rectify any mistake apparent on the face of the record :

Provided that no such rectification which has the effect of increasing the surplus land shall be made, unless the prescribed authority has given notice to the tenure-holder of its intention to do so and has given him a reasonable opportunity of being heard.

(2) The provisions of Sections 10, 11, 12, 12-A, 13, 14 ³[15 and 16] shall mutatis mutandis apply in relation to any proceeding under sub-section (1) and for purposes of application of Section 10, the notice under the proviso to sub-section (1), shall be deemed to be a notice under Section 9. ]

1. Inserted by sec. 7 of U. P. Act no. 18 of 1973.
2. Subs. by sec. 3 of U. P. Act no. 56 of 1976.
3 Subs. by sec. 10 of U. P. Act no. 20 of 1976

Section 14.Acquisition of surplus land

¹[14. (1) The Collector shall at any time after —

(a) in case, where the order passed under sub-section (1) of section 11 has become final, the date of its so becoming final ; or

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

take possession of the surplus land determined under section 11, section 12 or section 13 and also of any ungathered crop or fruits of trees, not being crops or fruits to which sub-section (1) of section 15 applies, after evicting any person found in occupation of such land, crops or fruits and may for that purpose use or cause to be used such force as may be necessary.

(2) Notwithstanding anything contained in sub-section (1) a tenure-holder may, at any time, voluntarily deliver possession to the Collector over the whole or any part of the land held by him which has been or is likely to be declared surplus under or in accordance with the provisions of the Act.

(3) Where the Collector has taken possession of any surplus land or ungathered crops or fruits of trees under sub-section (1) or sub-section (2) such land, crops or fruits of trees shall, with effect from the date referred to in clause (a), clause (b) or clause (c), as the case may be, of sub-section (1), 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, with effect from such date, stand extinguished :

Provided that the encumbrances, if any, shall attach to the amount payable under section 17 in substitution for the surplus land.

(4) The prescribed authority shall, as soon as may be after the date mentioned in clause (a), clause (b) or clause (c), as the case may be, of sub-section (1), notify in the official Gazette every surplus land determined under this act, or under section 9 of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1974 or under section 31 of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1976. ]

1.Subs. by sec. 4 of U. P. Act no. 56 of 1976.

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 ¹[sub-section (1) of section 14] the Collector shall permit the person in possession —

(i) to tend, gather or remove any ungathered crop or 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 twentyone days from the date of the order, as the Collector may fix in this behalf.

²[Explanation—For the purposes of this section, the expression ‘ungathered crops or fruits of trees’ means any crop or fruits which existed on ³[the date of taking possession of the surplus land] under sub-section (1) of section 14 and does not include any subsequent crop or fruits of trees. ]

(2) On failure of the person 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 laps 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.

1.Subs. by sec. 5(a) of U. P. Act no. 56 of 1976.
2. Ins. by sec. 12 of U. P. Act no. 20 of 1976.
3. Subs. by sec. 5 (b) of U.P. Act no. 56 of 1976.

Section 16. Damages for use and occupation of surplus land

¹[16. Where any tenure-holder holds any land on or after the commencement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, in excess of the ceiling area applicable to him, he shall be liable to pay to the State Government for the period commencing from the first day of July, 1973, until the date on which the Collector takes possession of such surplus land under ²[x x x x] section 14, or the date on which the tenure-holder voluntarily delivers possession to the Collector under the ³[said section] whichever is earlier, such compensation for use and occupation as may be prescribed. ]

1.Ins. by sec. 13 of U. P. Act no. 20 of 1976.
2. Del. By sec. 6 of U.P. Act no. 56 of 1976.
3. Subs. by sec. 6 of U.P. Act no. 56 of 1976.

Section 17.- Manner of calculation of amount

(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 ¹[amount] as laid down in the Schedule and as determined in the manner provided hereinafter.

²[(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, shall be entitled to receive and be paid a portion out of the amount payable to the tenure-holder. The proportion of amount 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 amount payable to the tenure-holder. The amount shall be apportioned between the tenure-holder and the sub-tenant or the asami by the Prescribed Authority.]

(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 ³[amount] against the person entitled thereto under the provisions of this Act, from claiming any right, title or interest in such ³[amount] in any court of competent jurisdiction.

1. Subs. by sec. 14 (b) of U.P. Act no. 20 of 1976
2. Subs. by sec. 14 (c) of U.P. Act no. 20 of 1976
3.Subs. by sec. 14(d) of U. P. Act no. 20 of 1976

Section 17A.Payment of amount to waqfs, trusts, etc.

¹[17-A. Notwithstanding in Section 17, the following provisions shall apply in respect of ²[amount] payable to those public religious or charitable waqfs, trust, endowments or institutions, a part of the income from which is utilized for religious or charitable purposes and for other purposes ;

(i) the surplus land held by such waqf, trust, endowment or institution shall be deemed to be divided into two parts in the same proportions in which its income is utilized respectively for religious or charitable purposes and for other purposes ;

(ii) so far that part of the surplus land, the income from which is utilized for religious or charitable purposes is concerned, an annuity equivalent to the annual average of the actual net profits during the five years preceding July 1, 1972, to be determined in the prescribed manner shall be payable in lieu of the ²[amount] referred to in Section 17, and the provisions of Sections 18, 19, 20, 21, 22 and 23, shall mutatis mutandis apply in relation to the said annuity as they apply to the ²[amount] referred to in Section 17 ;

(iii) in respect of the remaining surplus land, ³[the amount shall be payable in accordance with section 17].

Explanation—If any waqf, trust, endowment or institution claims that the provisions of this section apply to it, the burden of proving the same shall lie on it. ]

1. Inserted by sec. 10 of U. P. Act no. 18 of 1973.
2. Subs. by sec. 15(a) of U. P. Act no. 20 of 1976.
3. Subs. by sec. 15(b) of U. P. Act no. 20 of 1976

Section 17B.Refund of amount in certain cases

¹[17-B.— 6(1) Where as a result of any order passed on appeal under this Act or of any other order of any court or tribunal the possession of any land transferred to or vested in the State Government under ²[****] of Section 14 is required to be restored to any tenure-holder or his successor-in-interest or any other person, whether before or after the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, the Compensation Officer shall order the tenure-holder to refund the whole or, as the case may be ³[the proportionate part of the amount] paid to him.

(2) Any such amount remaining unpaid shall be recoverable by the State Government as an arrear of land revenue. ]

1 Inserted by sec. 10 of U. P. Act no. 18 of 1973.
2. Omit. by sec. 7 of U. P. Act no. 56 of 1976.
3. Subs. by sec. 16(b) of U. P. Act no. 20 of 1976

Section 18.Compensation Officer

All proceedings relating to assessment and payment of ¹[amount payable under section 17] shall be held before the Compensation Officer appointed by the State Government in this behalf.

1. Subs. by sec. 17 of U. P. Act no. 20 of 1976.

Section 19.Preliminary publication of the Draft Compensation assessment Roll

(1) The Compensation Officer shall, in respect of every person entitled to ¹[the amount payable under section 17] cause to be prepared a draft compensation assessment roll in such from and in such manner as may be prescribed.

(2) The draft compensation assessment roll prepared under subsection (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 very such person in such manner as may be prescribed.

1. Subs. by sec. 18 of U. P. Act no. 20 of 1976

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 Compensation 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 absence 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 ¹[Commissioner] in whose jurisdiction the land or any part thereof is situate.

1. Subs. by sec. 2 of U. P. Act no. 3 of 1986

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 ¹[Commissioner] in whose jurisdiction the land or any part thereof is situate.

(3) The ¹[Commissioner] 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 ¹[Commissioner] 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

1.Subs. by sec. 2 of U. P. Act no. 3 of 1986

Section 22.Manner of payment of amount

¹[22. (1) The amount entered in the assessment roll shall be deemed to have become due on the date on which possession of the land is taken under section 14, and where possession of different lands of the person entitled to the amount is taken on different dates, on the last of such dates.

(2) There shall be paid by the State Government on the amount entered in the assessment roll, interest at the rate of 31 per cent per annum from the date it becomes due under sub-section (1) to the date of its final determination under section 20 or section 21, as the case may be.

(3) Subject to the provisions of section 23, the amount with interest referred to in sub-section (2) shall be paid —

(i) if it does not exceed rupees one thousand, in cash in one lump sum ;

(ii) in any other case, in five annual installments of which the first installment shall be of rupees one thousand, and the remainder shall be payable in four years in annual equal installment :

Provided that the State Government may, in its discretion, make full payment of the amount outstanding at any time :

Provided also that in case of the four annual installments referred to in clause (ii), further interest on the amount outstanding shall be paid at the rate of 31 per cent per annum from the date of final determination of the amount under section 20 or section 21, as the case may be, till the date when each such installment falls due.

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

1.Subs. by sec. 2 of U. P. Act no. 5 of 1979.

Section 23. Amount 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 ¹[amount] 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.

1. Sub. by sec. 20(b) of U. P. Act 20 of 1976.

Section 24.Ommited

¹[ * * * * ]

1.Omitted by sec. 11 of U. P. Act No. 18 of 1973 ;

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.

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 ¹[Section 26-A and] 27.

(2) ²[ * * * * ]

1. Inserted by sec. 28 (i) of U. P. Act No. 4 of 1969.
2. Omitted by sec. 28 (ii) of U. P. Act No. 4 of 1969 ;

Section 26A.Settlement of land let out for interim period before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1969

¹[ 26-A. — The surplus land let out to any person for an interim period under sub-section (2) of Section 26, as it stood immediately before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1969, shall at the end of such period, be resumed by the Collector, and, thereafter, settled in accordance with the provisions of Section 27 :

Provided that where such person is a person who would if the surplus land so let out where excluded from consideration and if he were a resident of the circle would have fallen under any of the clauses (b) to (h) of sub-section (1) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, then so much of such land, as together with the area, if any, otherwise held by him aggregate to not more than 1.26 hectares (3.125 acres), shall at the desire of that person, either before or at the end of such period, be settled by the Collector with that very person.]

1.Substituted by sec. 9 of U. P. Act 35 of 1970.

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 ¹[Gaon Sabha] 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 ¹[Gaon Sabha] shall be used for planting trees, growing fodder or for such other community purposes, as may be prescribed.

²[(2) The State Government may either settle any surplus land in accordance with sub-section (1) or sub-section (3) or use or use or per not its use in accordance with section 25 or manage ro otherwise deal with it in such manner as it thinks fit. ]

³[(3) Any remaining surplus land shall be settled by the any Collector in accordance with the order of preference, and subject to the limits, specified respectively in ⁴[sub-section (1) and (3)] of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.]

⁵[* * *]

⁶[(4) The Commissioner may of his own motion and shall, on the application of any aggrieved person inquire into such settlement and if he is satisfied that the settlement is irregular, he may after notice to the person in whose favour such settlement is made to show cause,

(i) cancel the settlement and the lease, if any, and thereupon, notwithstanding anything contained in any other law or in any instrument, the rights, title and interest of the person in whose favour such settlement was made or lease executed or any person claiming through him in such land shall cease, and such land shall revert to the State Government ; and

(ii) direct that every person holding or retaining possession thereof may be evicted, and may for that purpose use or cause to be used such force as may be necessary.

(5) Every order passed by the Commissioner under sub-section (4), shall be final.

(6) The Commissioner acting of his own motion under sub-section (4) may issue notice, and an application under that sub-section may be made,

⁷[6(a) in the case of any settlement made or lease granted before November 10, 1980, before the expiry of a period of ⁸[seven years] from the said date, and ;

⁷[6(b) in the case of any settlement made or lease granted on or after the said date, before the expiry of a period of ⁹[five years from the date of such settlement or lease or up to November 10, 1987, whichever be later]

¹⁰[(6-A) Where any surplus land has been settled by the Collector under sub-section (3), and any person other than the person in whose favour such settlement was made is in occupation of such land in contravention of the provisions of this Act, the Collector may, of his own motion and shall on the application of the person in whose favour such settlement was made, put him in possession of such land and may for that purpose use or cause to be used such force as he considers necessary.

(6-B) Where any person, after being evicted under this section, re-occupies the land or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees :

Provided that the court convicting the accused may while passing the sentence direct that the whole or such portion of the fine that may be recovered as the court considers proper, be paid to the person in whose favour such settlement was made as damages for use and occupation.

(6-C) Where in any proceeding under sub-section (6-B), the court, at any stage after cognizance of the case has been taken is satisfied by affidavit or otherwise

(a) that the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of the Act ; and

(b) that the person in whose favour such settlement was made is entitled to the possession of such land ;

the court may summarily evict the accused from such land pending the final determination of the case, and may put the person in whose favour such settlement was made in possession of such land.

(6-D) Where in any such proceeding, the accused is convicted the interim order passed under sub-section (6-C) shall be confirmed by the court.

(6-E) Where in any such proceeding, the accused is acquitted or discharged and the court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land. the court shall, on the application of such person, direct that delivery of possession be made to him.

(6-F) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (6-B) shall be cognizable and non-bailable and may be tried summarily.

(6-G) For the purpose of speedy trial of offences under this section, the Stat Government may, in consultation with the High Court, by notification, constitute, special courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offences the powers of a Judicial Magistrate of the first class. ]¹⁰

¹¹[(7) The State Government may, ¹²[by a general or special order to be published in the manner prescribed] declare that as from a date to be specified in this behalf, all surplus land situate in a circle which could not be settled under the provisions of this Act, shall vest the Gaon Sabha concerned, and the provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, shall mutatis mutandis apply in relation to such vesting. ]

1. Substituted for Gaon Samaj by sec. 12 (i) of U. P. Act 18 of 1973
2.Subs. by sec. 12 (ii) of U.P. Act No. 18 of 1973./ br 3. Subs. by sec. 10 of U.P. Act No. 35, 1970.
4. Subs. by sec. 21 of U. P. Act No. 20 of 1976.
5. The words except that the qualification of residence in the circle, specified therein, shall not be applicable, Omitted by sec. 12 (3) of U. P. Act 18 of 1973..
6. Ins. by sec. 12(4) of U.P. Act No. 18 of 1973.
7. Subs. by sec. 22 of U. P. Act 20 of 1982.
8 Subs. by sec. 20 (i) of U. P. Act 24 of 1986.
9. Subs. by sec. 20 (ii) of U. P. Act 24 of 1986.
10. Inserted by sec. 22(ii) U. P. Act No. 20 of 1982.
11.Inserted by sec. 12 of U. P. Act No. 18 of 1973.
12 Subs. by sec. 21 (iii) of U. P. Act 20 of 1976.

Section 28.Terms and conditions of settlement

(1) All settlement of land under ¹[Section 26-A or] Section 27 shall be made in the manner and subject to such terms and conditions as may be prescribed.

(2) ²[ * * * * ]

(3) Notwithstanding the provisions of any law for the time being in force, no person with whom any land has been settled under ³[Section 26-A or] Section 27 or to whom land has been let out under sub-section (2) of Section 26 ³[as it stood immediately before the Commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1969] shall acquire any right in such land in derogation of the terms and conditions under which the land has been settled or let out.

1.Inserted by U. P. sec. 33 (i) of U.P. Act No. 4 of 1969.
2. Omitted by sec. 13 of U.P. Act No. 18 of 1973. ;
3. Inserted by sec. 31 (ii) of U. P. Act No. 4 of 1969

Section 29.Subsequent declaration of further land as surplus land

¹[ 29. Where after the date of enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972,—

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

(b) any unirrigated land becomes irrigated land as a result of irrigation from a State irrigation work or any grove-land loses its character as grove-land or any land exempted under this Act ceases to fall under any of the categories exempted, —

The ceiling area shall be liable to be re-determined ²[and accordingly the provisions of this Act, except section 16, shall mutatis mutandis apply.]

1.Substituted for the following by sec. 14 of U. P. Act No. 18 of 1973 ;
2.Subs. by sec. 22 of U. P. Act 20 of 1976.

Section 30.Determination of surplus land regarding future acquisition

(1) Where any land has become liable to be treated as surplus land ¹[x x x] 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 to 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 an 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.

1.Omit. by sec. 15 of U.P. Act No. 18, 1973.

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 to 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 tenureholder, shall, notwithstanding anything to the contrary in the Bengal Alluvium or Delusion Regulation, 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.

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 hereditary rates

(1) For the purposes of this Act —

(i) the Prescribed Authority may, in areas where no hereditary rates have been sanctioned, fix and 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 rate fixed shall in no case be more than one-fifth of the produce value of the land.

Section 34.Ommited

¹[ * * * * ]

1.Omitted as below by sec. 16 of U. P. Act No. 18 of 1973 ;
“34— Acquisition of the celling 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 mutatis mutandis apply.”

Section 35.Penalties

¹[35. (1) Whoever

(a) fails to submit a statement as required under sub-section (2) or sub-section (2-A) of section 9 or sub-section (1) of section 30, or to furnish an affidavit under sub-section (1) of section 38-A ; or

(b) makes or submits a statement or furnishes any information in a document referred to in clause (a) which is false and which he has reason to believe to be false ; or

(d) obstructs any person from taking possession of any land in accordance with the provisions of this Act ; or

(e) transfers any land in contravention of sub-section (8) of section 5 or sub-section (2) of section 6 ;

shall be punishable with imprisonment which may extend to two years or with fine or with both.

(2) Where the Collector has taken possession of any surplus land under ²[x x x x] section 14 and any person thereafter occupies such land or any part thereof without any lawful authority, such person shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.

(3) Any court convicting a person under sub-section (2) may make an order for evicting the person summarily from such land, and such person shall be liable to such eviction without prejudice to any other action that may be taken against him under any law for the time being in force.

(4) Without prejudice to the provisions of sub-section (2) and (3) the Collector may re-take possession of such land and may for that purpose use or cause to be used such force as may be necessary for evicting any person found in occupation thereof. ]

1.Subs. by sec. 23 of U. P. Act 20 of 1976.
2.Del. By sec. 9 of U.P. Act No. 56 of 1976.

Section 35A.Cognizance of offences

¹[ 35-A. No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government, or an officer authorized by the State Government. ]

1. Ins. by sec. 24 of U. P. Act 20 of 1976.

Section 36.- Offences by Companies and Cooperative 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 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 anybody corporate and includes a cooperative society or a firm or other association of 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, 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 court 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.

(2) Where under the provisions of this Act, an appeal has to be heard by the ¹[Commissioner] he may either hear the appeal himself or transfer it for hearing to ²[Additional Commissioner] subordinate to him

1.Subs. by sec. 3(a) of U. P. Act no. 3 of 1986.
2. Subs. by sec. 3(b) of U.P. Act no. 3 of 1986

Section 38A.Power to call for particulars of land from tenure holders

¹[ 38-A. (1) Where the prescribed authority or the appellate court considers it necessary for the enforcement of the proceedings under this Act, it may, at any stage of the proceedings under this act, require any tenure-holder to furnish such particulars by affidavit in respect of the land held by him and members of his family as may be prescribed. (2) The particulars of land under sub-section (1) may be taken into consideration in determining the surplus land of such tenure-holder.]

1. Ins. by sec. 26 of U. P. Act no. 20 of 1976

Section 38B.Bar against Res Judicata

¹[38-B. No finding or decision given before the commencement of this section in any proceeding or on any issue (including any order, decree or judgment) by any court, tribunal or authority in respect of any matter governed by this Act, shall bar the retrial of such proceeding or issue under this Act, in accordance with the provisions of this Act as amended from time to time.]

1. Ins. by sec. 26 of U. P. Act no. 20 of 1976

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

¹[40. Where any sum is payable by any person to the State Government, under the provisions of this Act, the same may, without prejudice to any other mode of recovery, be realized by deduction from the amount, if any, payable to such person under Chapter III, or 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 Improvements Loans Act, 1883 or the Agricultural Loans Act, 1884 or the U. P. Agricultural Income Tax Act, 1948 or U. P. Large Land Holdings Tax Act, 1957 may without prejudice to any other mode of recovery, be recovered by deducting the outstanding amount from the ¹[amount] payable under Chapter III

1.Subs. by sec. 28 of U. P. Act no. 20 of 1976

Section 42.Application of the Limitation Act, 1963

The provisions of ¹[Section 4, 5 and 12 of the Limitation Act, 1963], shall be applicable to all proceedings, including proceedings in appeals, applications and objections under this Act

1.Substituted for “Indian Limitation Act, 1908” by sec. 17 (ii) of U. P. Act no.18 of 1973

Section 43.Delegation of Power

The powers of the Collector under this Act, may be exercised by an Assistant Collector of the first class incharge 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[ (1) The State Government may, by notification make rules for carrying out the purposes of this Act ; ]

(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or 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 ;

²[(bb) Conditions pertaining to the grant of permission to transfer land under sub-section (2) of section 6 ; ]

(c) the manner and the principle under which expenses, referred to in sub-section (3) of Section 15, 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) ³[ * * * * * ]

1.Subs. by sec. 29(a) of U. P. Act no. 20 of 1976.
2. Ins. by sec. 29(b) of U. P. Act no. 20 of 1976.
3. Omit. by sec. 29(c) of U. P. Act no. 20 of 1976.

Rules

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
29-06-1961	THE U.P. IMPOSITION OF CEILING ON LAND HOLDINGS RULES, 1961

Section 45.- Repeal

(1) With effect from the thirtieth day of June, 1961, the U. P. Large Land Holdings Tax 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 Tax Act, 1957, and without prejudice to the provisions of the U. P. General Clauses Act, 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 an 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 Tax Act, 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 and any such investigation, enforced or taken and any such penalty, forfeiture, punishment or assessment may be imposed or made as if the U. P. Large Land Holdings Tax Act, 1957, had remained in force on all material dates.