Maharashtra act 033 of 1976 : The URBAN LAND (CEILING AND REGULATION) ACT, 1976

17 Feb 1976
Department
  • Urban Development Department
Ministry
  • Ministry of Govt of Maharashtra

lHE L RBAN LAND (CEILING AND REGULATIf3N) ACT, '9y6

No. 33 or 19'/6

(l7th f'ebruarp, 19"ti)

An .Act to provide for the imposition ofa ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, witha view to preventing the concentration of urban land in the hands ofa few persons and s;aecu1ation and profiteeririp° therein and witha view to brinsing about an equitable distri- bution of land in urban agglomerations to subserve the common good.

Wirsnzas it is expedient to provide for the imposition ofa ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, witha view to prevent- ing the concentrat'on of urban land in the hands ofa few persons and speculation and profiteering therein and witha view to bringing about an rquitable distribution of land in urban agglomerations to subserve the common good;

ANQ 3VHEnEAs Parliament has. no power to Jake laws for the States v-ith respect to the matters aforesaid except as provided in articles 24fi end 250 of the Constitution;

THE U D C LIN D

EGULATIO )

CT, 1 7

o. OF 7

[1 t Frary,

1976]

n ct to provide for the imposition of a ceiling on ant lan i urban a glomerations, for the acquisition of such l d n xcess of il g it, re l te c st cti n f

uildings n su land and for m ters co t h it , ith a vi to preventing the concentration of urban l nd t hands few persons and speculation an pro ring t erein and with a view to bringing about an uitable uti f l erati s t ser e t on

good. HEREAS it is exp dient to provide for the imposition of a ceili g n vacant l erations ,f r t e cquisition of

exce s f in li it, to reg th con t b o

s c l att t it ,ith a e o t-

i g e centration of urban land in t e ands of a e s s eculation and profit ering therein and with a i o b n t an equitable ist i ution of l i l erations t serve c on ;

ND WH REAS Parliament has, no power to lna$e laws for the t t

w

respect to the ma ters aforesaid except as provided i icles 249 and 50 of the

Constituti ;

1

5p tt title, applica- tion and commen- cement. DeFxu_ li0ns.

FACT 33

AND WHEREzs in pursuance of clause (1) of article 252 of the Consti- tution resolutions have been passed by allthe Houses of the Legislatures of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal that the matters aforesaid should be regulated in those States by Parliament by law;

Be it enacted by Parliament in the T wenty-seventh Year of the Republic of India as follows: —

CHAPTERI '

PAELlMINARY

1. (I) This Act may be called the Urban Land (Ceiling and Regula- tion) Act, l97fi. •

(2) It applies in the first instance to the whole of the States or Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh. Karnataka, Maharashtra, Orissa, Pun jab, Tripura, Uttar Pradesh and West Bengal and to allthe » Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

(.3) It shall come into force in the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and in the Union territories at once and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and, save as otherwise provided in this Act, any reference in this Act to the com- mencement of this Act shall, in relation to any State or Union territory, mean thedate on which this Act comes into force in such State or Union territory.

CHAPTER II

IfF HITIONS

2. In this Act, unless the context otherwise requires,—

(o) "appointe‹i ‹ray" rrieans,—

(i) in relation to any State to which this Act applies in ttie first instance, the date of introduction of the Urban Land (Ceil- ing and Regulation) Bill, 197fi in Parliament; and (ti} in relation to any State which adopts this Act under clause (1) of article 252 of the Constitution, the date of such adoption;

tb) "building regulations" means the regulations contained in the master plan, or the law in force governing the construction of buildings;

(c) "ceiling limit" means the ceiling limit specified in section 4;

(d) "competent authority" means any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification and diflerent persons or authorities may be authorised to perform different functions;

(e) "dwelling unit", in relation toa building ora portion ofa building, meansa unit of accommodation, in such building or portion. used solely for the purpose of residence;

({) "family", in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their un- married minor children.

Short

title,

a ica_

tion a

com cem .

D fn L

Lions.

2 Urban Land (Ceiling and Regulation) LACT 33

WHEREAS in p

of clause (1) of article 252 of the Consti- tution resolutions have been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal that the matters aforesaid should be regulated in those States by Parliament by law;

E it enacted by Parliament in the wenty-seventh Year of the epublic f I dia as f ll s:-

PTE I

PRELIMINARY

1. (1) This ct ay be called the Urban Land (Ceiling and Regula- tion) A t, 19 6.

(2) It applies in the first instance to the whole of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and to all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of t Constitution.

(3) It shall come into force in the States of Andhra Pradesh, Gujarat, aryana, i achal Pradesh, Karnataka, aharashtra, rissa, Punjab, Tripura, ttar Pradesh and West Bengal and in the Union territories at once and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and, save as other ise provided in this Act, any reference in this Act to the com-

em t of this Act

shall, in relation to any State or Union territory,

mea the date on w ich this Act comes

into force in such State

or Union

ter itory.

CHAPTER II

DEFINITIONS

2. In this Act, unless the context otherwise requires,-

(a) "appointed day" means,-

(i) in relation to any State to which this Act applies in the

first instance , the date of introduction of the Urban Land (Ceil-

ing and Regulation) Bill, 1976 in

Parliament; and

(ii) in relation

to any State which adopts this Act under

clause

(1) of article 252 of the Constitution, the date of such

adoption;

(b) "building regulations" means the regulations contained in

the m ster plan, or the law in force governing the construction of

buildings;

(c) "ceiling limit"

means the ceiling limit specified

in section 4;

(d) "competent authority" eans any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such

area as may be specified in the notification and different

persons or authorities ay be authorised to perform different

functions;

(e) "dwelling unit", in relation to a building or a portion of a building,

means a unit of accom odation, in such building or portion. used solely for the purpose of residence;

(f) "family"

, in relation to a person,

means the individual, the wife or husband,

as the case may be, of such individual and their un- married minor children.

a

2

2 o4l924. OF 197I Urbett Leitd (Cutting and Begutetion) 3 £zplonAtion.—For the purpose of this clause, "minor" meansa person who has not completed his or her age of eighteen yeers; (g1 "land appurtenant", in relation to any building, means—

(i) in an area where there are building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment o1 such building, which in no case shall exceed five hundred square metres; or

(ii) in an area where there are no building regulations, en extent of five hundred square metres contiguous to the land occ red by such building,

and includes, in the case of any building constructed before the appointed day witha dwelling unit therein, an additional extent not exceeding five hundred square metres of land, if any, contiguous to the.' minimum extent referred to in sub-clause (i) or the extent referred to in sub-clause (ii), as the case may be;

(h) "master plan", in relation to an area within an urban agglo- meration or any part thereof, means the plan (by whatever name called) prepared under any law for the time being in force or in pursuance of an order made by theState Government for the de- velopment of such area or part thereof and providing for the stages by which such development shall be carried out;

(i) "person" includes an individual,a family,a firm,a company, or an association or body of individuals, whether incorporated or not;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "State" includesa Union territory and "State Government", in relation to any land or building situated ina Union territory or within the local limits ofa cantonment declared as such under sec- tion3 of the Cantonments Act 1924, means theCentral Government:

(1) "to hold" with its grammatical variations, in relation to any vacant land, means

(i) to ov such land; or

(ii) to possess such land as owner or as tenant or as mort- gagee or un‹ier an irrevocable power ofattorney or undera hire- purchase agreement or partly in one o1 the said capacities and partly in any other o1 the said capacity or capacities. detonation.—Where thesame vacant land isheld by one person in one capacity and by another person in another capacity, then, for the purposes of this Act, such land shall be deemed to be held by both such persons;

fm) "Tribunal" means the Urban Land Tribunal constituted cruder section 12;

(n) "urban aggIomeration",—

(A) in relation to any State or Union territory specified in column (1}of Schedule I, means,—

(i) the urban agglomeration specified in the correspond- ing entry in column (2)ther or and includes the peripheral area specified in the corresponding entry in column (3) thereof; and

(*i) any other area which the State Government may, w5th the previous approval of the Cpntral Government, having regard to its location, population (population being more than one lakh) and such otber relevant factors as the circumstances of the case may yequite, by notification in the OF 1976] Urban Land

(Ceiling and

Regulation) 3 Explanation.-For

the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years;

(g) "land appurtenant", in relation to any building, means-

(i) in an area where there are building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment of such building, which in no case shall exceed five hundred square metres; or

(ii) in an area where there are no building regulations, an extent of five hundred square metres contiguous to the land occupied by such building,

and includes, in the case of any building constructed before the appointed day with a dwelling unit therein, an additional extent not exceeding five hundred square metres of land, if any, contiguous to the minimum extent referred to in sub-clause (i) or the extent referred to in sub-clause (ii), as the case may be;

(h) "master plan", in relation to an area within an urban agglo- meration or any part thereof, means the plan (by whatever name called) prepared under any law for the time being in force or in pursuance of an order made by the State Government for the de- velopment of such area or part thereof and providing for the stages by which such development shall be carried out;

(i) "person" includes an individual, a family, a firm, a company, or an association or body of individuals, whether incorporated or not;

2 of 1924.

(j) "prescribed" means prescribed by rules made under this Act;

(k) "State" includes a Union territory and "State Government", in relation to any land or building situated in a Union territory or within the local limits of a cantonment declared as such under sec- tion 3 of the Cantonments Act. 1924, means the Central Government:

(1) "to hold" with its grammatical variations, in relation to any vacant land, means-

(i) to own such land; or

(ii) to possess such land as owner or as tenant

or as mort- gagee or under an irrevocable power of attorney or under a hire- purchase agreement or partly in one of

he said capacities and partly in any other of the said capacity or capacities.

Explanation.-Where the same vacant land is held by one person in one capacity and by another person in another capacity, then, for the purposes of this Act, such land shall be deemed to be held by both such persons;

fm) "Tribunal" means the Urban Land Tribunal constituted under section 12;

(n) "urban agglomeration",-

(A) in relation to any State or Union territory specified in column (1) of Schedule I, means,-

(i) the urban agglomeration specified in the correspond- ing entry in column (2) thereof and includes

the peripheral area specified in the corresponding entry in column (3) thereof; and

(ii) any

other area which the State Government may, with the previous approval of the Central Government, having regard to its location, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the

3

4

Offieial Crasette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to categoryD in that Schedule and the peripheral area therefor shall be one kilometre;

(B) in relation to any other State or Union territory, means any area which the State G overnment may, with the previous . aJproval of tl:e Cen traI Governinsnt, having regard toi t.s 10ca- tion, population (population being more than one lakh) si:d such cther relevant factors as the circumslances or the ciise may require, by no tilicati on in the Official Gazette, declare tob s an urban aggiomeration and any agglomeration so declared shall be deemed tobelong to categoryD in ScheduleI and the ;veripheral °rea therefor shall be one kilometre; *

t o) "urban land" means,—

(i) any land situated within the limits of an urban agg'o- , we: a*ion and relerred 'o as such in the master plan; eu- (‹i) in a case where there is no master plan, or \vhere the master plan does not refer to any land as iirban land, any land within the limits of an urbaii agglomerati on and situr:ted in any area included within the local limits ofa r unicipaiity (by ivhatever name called), a notificd area committee. a toivn area committee,a city and town committee.a small town committee, a eantonment board ora panchayat,

but does not include any such and which is mainly used for the purpose of agriculture.

Ezpfonotion.—For the purpose of this clause and clause (q),—

(A) ' agriculture" includes hor*iculture, but do es not include—

(t) raising of grass,

(ii) dairy Farming, (tii) poultry farming, (ir) breeding of live-stock, and

(o) such cultivation, or the growing of such plant, as may be prescribed;

(B) land shall not be deemed to be used mainlv for the p urpose of agriculture, if such land isnot entered in the revenue or land records before the appointed day as for the purpose of ' agriclilture:

Provided that where on anv lancl v/Iaich is entered in the revenue or land records before the ‹.ppo'nted day as for the purpose of agriculture, there iSa building which is not in the nature oba farm-house, then, so much ot the extent of such land as is occupied by the building shall not be deemed to be used mainly for the purpose of agriculture:

Provided further that if ariy question arises wtiether any bn ilding is in the nature ofa farm-house, such question shall be referred to the State Government and the decision of the State Government thereon shale be final;

(C) notwithstandiriy anythirie contained in cl ause (B) of' this E Emotion, land shall not be deemed to be msinly used for the purpose of agriculture if the land has been specified in the m ästr•r plan fora purpose other than agriculture;

4

Urban Land (Ceiling and Regulation) [ACT 33 Official Gazette, declare to be an urban agglomeration and

any agglomeration so declared

shall be deemed to belong to category D in that Schedule and the peripheral area

therefor shall be one kilometre;

(B) in relation to any other State or Union territory, means any area which the State Government may, with the previous approval of the Central Government, having regard to its loca- tion, population (population being more than one lakh) and such other relevant factors as the circumstances of the case may require, by notification in the Official Gazette, declare to be an urban agglomeration and any agglomeration so declared shall be deemed to belong to category D in Schedule I and the peripheral area therefor shall be one kilometre;

(o) "urban land" means,-

(i) any land situated within the limits of an urban agglo- meration and referred to as such in the master plan; or

(ii) in a case

where there is no

master plan, or where the master plan does not refer to any land as urban land, any land within the limits of an urban agglomeration and situated in any area included within the local limits of a municipality (by whatever name called), a notified area committee, a town area committee, a city and town committee, a small

town committee,.

a cantonment

board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture.

Explanation.-For the purpose of this clause and clause (q),-

(A) "agriculture" includes horticulture, but does not include-

(i) raising

of grass,

(ii) dairy farming,

(iii) poultry farming,

(iv) breeding of live-stock, and

(v) such cultivation, or the growing of such plant, as:

may be prescribed;

(B) land shall not be deemed to be used mainly for the purpose of agriculture, if such land is not entered in the revenue or land records before the appointed day as for the purpose of agriculture:

Provided that where on any land which is entered in the revenue or land records before the appointed day as for the purpose of agriculture, there is a building which is not in the nature of a farm-house, then, so much of the extent of such

land as is occupied by the building shall not be deemed to be used mainly for the purpose of agriculture:

Provided further that if any question arises whether any building is in

the nature of a farm-house, such question shall be referred to the State Government and the decision of the State Government thereon shall be final;

(C) notwithstanding anything contained in clause (B) of this Explanation, land shall not be deemed to be mainly used for the purpose of agriculture if the land has been specified in the master

plan for a purpose other than agriculture;

or 19T61

(p) "urbanisable land" means land situated within an uiban agglomeration, but not beihg urbân land;

(9) "vacant land" means land, ñot being land mainly used for the purpose of agriculture, in an urban agglorneration, but tloes not include

(iâ land on which construction ofa building is no: permis- sible under the building regulations in force in the area in which such land is situated;

(ii) in an area whert there are building regulations, tht land 'occupied by any building which has been constructed before, or is being constructed on, the appointed day with the approval of the appropriate authori*7

And the land appurtenant to such building; and

(iii) in an area where there are no building regulations, the land occtiiyied by any building which has been constructed betore, or is being constructed on, the appointed day and the !and appurtenant tb such buildin g.

Pros•ided that where any person ordinarily keeps his cattle, other than for the purpose of dairy farming or for the purpose of breedinit ot live-stock, on any land situated ina village within an urban agglomeration (described asa village in the revenue records). then. so much extent of the lan.d as has been ordinarily used for the keep- ing of such cattle immeé{iately before the appointed day shall not be deemed to be vacant land for the purposes or this clause.

CHAPTER III

3. Except as otherwise provided in this Act, on and from the com- mencement of this Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which this Act applies under sub-section (P) of section 1.

4. (i) isubject to the other provisions of this section, int he case of every peison, the ceiling limit shall be,—

(n)where thevacant land is situated in an urban agglomeration falling within category A specified in JSchedule I, five hundred square metres;

(b) where such land is situated in an urban agglomeration fall- ing within categoryB specified in Schedule I, one thousand sr'uare metres;

(c) where such land is situated in an urban agglomeration fallin°_ within categoryC specified in Schedule I, one thousand five hundred square metres;

(dl where such land is situated in an urban agelomeration faIl- ine within category D specified in Schedule I, iv-o thousand squares metres.

Persons

not en-

titles

to hold

vacant

land in

excesa

:t the

eiling

Ceiling

iiniit.

of 1976] Urban Land

(Ceiling and

Regulation)

(p) "urbanisable land" means land situated within an urban agglomeration, but not being urban land;

(q) "vacant land" means land, not being land mainly used for the purpose of agriculture, in an urban agglomeration, but does not include-

(i) land on which construction of a building is not permis- sible under the building regulations in force in the area in which such land is situated;

(ii) in an area where there are building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day with the approval of the appropriate authority and the land appurtenant to such building; and

(iii) in an area where there are no building regulations, the land occupied by any building which has been constructed before, or is being constructed on, the appointed day and the (and appurtenant tb such building:

Provided that where any person ordinarily keeps his cattle, other than for the purpose of dairy farming or for the purpose of breeding of live-stock, on any land situated in a village within an urban agglomeration (described as a village in the revenue records), then, so much extent of the land as has been ordinarily used for the keep- ing of such cattle immediately before the appointed day shall not be deemed to be vacant land for the purposes of this clause.

CHAPTER III

CEILING ON VACANT LAND

3. Except as otherwise provided in this Act, on and from the com- mencement of this Act, no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which this Act applies under sub-section (2) of section 1.

Persons

not en-

titled

to hold vacant land in excess

of the ceiling P.mit

4. (1) Subject to the other provisions of this section, in the case of Ceiling every person, the ceiling limit shall be,- iindt.

(a) where the vacant land is situated in an urban agglomeration falling within category A specified in Schedule I, five hundred square metres;

(b) where such land is situated in an

urban agglomeration fall- ing within category B specified in Schedule I, one thousand square aietres;

(c) where such land is situated in an urban agglomeration falling within category C specified in Schedule I, one thousand five hundred square metres;

(d) where such land is situated in an urban agglomeration fall- ing within category D specified in Schedule I, two thousand square metres.

5

6

Urben Land (Ceiling ord Regtilotion) [xcT 33

(2) Where any person holds vacant land situated in two or more cate- gories of urban agglonierations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,— (a)one square metre of vacant land situated in an urban agglo- ineration falling within category A shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category B, three square metres of vacant land situat- ed in an urban agglomeration I alling within category C and four square metres of vacant land situated in zn urban agglomeration falling within category D;

(b) one square metre ot vacant land situated in an urban agglo- meration falling within categoryB shall be deemed to be equal to orie and one-half square rrietres of vacant land situated in an urban agglomeration falling within categoryC and two square metres of vacant land situated in an urban agglomeration falling within cate- gory D; and

(c)one square metre of vacant land situated in an urban agglo- merationI alling within categoryC shall be deemed to be eciual to one and one-third square metres of vacant land situated in an urban agglomeration falling within category D.

(3) Notwithstanding anything contained in sub-section t*!, where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf immediately before the commencement ofthis Act, then, the person holding such vacant land at such commencement shall be entitled to continue to hold such land for the purpose of group housing:

Provided that not more than one dwelling unit in the group housing shall be owned by one single person:

Provided further, that the extent of vacant land which such person shall be entitled to hold shall, in no case, exceed— (a)the extent required under any building regulations govern- ing such group housing; or

(b) the extent calculated by multiplying the number ofdwelling units in the group housing and the appropriate ceiling lim:t referred to in sub-section (2),

whichever is less.

Ezplnytotion.—For the purposes of this sub-section and sub-section ( 10),—

(i) "group housing' means a building constrticted or to be constructed With one or more floors, each floor consisting of one or more dv•el1ing units and having common service facilities:

(It) "common service f ability" "ncludes I acility like stair case, balcony and verandah.

(4) (e) In any State to which› this Act applies in the first instance, if, on or after the 17th day of February, 19T5, but before the appointed day, any person has made any transfer by way of sale, mortgage, gift, lease or otherwise (other thana bon¢ 5de sale undera registered deed for valuable consideration) of any vacant land held by him and situated in Such State to any other person, whether or not for consideration, then, for the purposes of calculating the extent of' vacant land held by such

6 Urban Lard (Ceiling and Regulation) [ACT 33

(2) Where any person holds vacant land situated in two or more cate- gories of urban agglomerations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,-

(a) one square metre of vacant land situated in an urban agglo- meration falling within category A shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category B, three square metres of vacant land situat- ed in an urban agglomeration falling within category C and four square metres of vacant land situated in an urban agglomeration falling ithin category ;

(b) one square metre of vacant land situated in an urban agglo- meration falling within category B shall be deemed to be equal to one and one-half square metres of vacant land situated in an urban agglomeration falling within category C and two square metres of vacant land situated in an urban agglomeration falling within cate- gory D; and

(c) one square metre of vacant land situated in an urban agglo- meration falling within category C shall be deemed to be equal to one and one-third square metres of vacant land situated in an urban agglomeration falling within category D.

(3) Notwithstanding anything contained in sub-section (1), where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf immediately before the commencement of this Act, then, the person holding such vacant land at such commencement shall be entitled to continue to hold such land for the purpose of group housing:

Provided that not more than one dwelling unit in the group housing shall be owned by one single person:

Provided further, that the extent of vacant land which such person shall be entitled to hold shall, in no case, exceed-

(a) the extent required under any building regulations govern- ing such group housing; or

Of the extent calculated by multiplying the number of dwelling units in the group housing and the appropriate ceiling limit referred to in sub-section (1),

whichever is less.

Explanation.-For the purposes of this sub-section and sub-section (10),-

(i) "group housing" means a building constructed or to be constructed with one or more floors, each floor consisting of one or more! dwelling units and having common service facilities;

(ii) "common service facility" includes facility like staircase, balcony and verandah.

(4) (a) In any State to which, this Act applies in the first instance, if, on or after the 17th day of February, 1975, but before the appointed day, any person has made any transfer by way of sale, mortgage, gift, lease or otherwise (other than a bona fide sale under a registered deed for valuable consideration) of any vacant land held by him and situated in such State to any other person, whether or not for consideration, then, for the purposes of calculating the extent of vacant land held by such

s

or l9/6J Urben Land (CeilinB and fteguletion) y person the land so transferred shall be taken into account, without prejudice to the rights or interests of the transferee in the land so ‹ransferred:

Provided that the excess vacant land to be surrendered by such person under this Chapter shall be selected only out of the vacant land held by him after such transfer.

tb) For the purpose ot clause (a), the burden of proving any sale to be a bone fide one shall be on the transferor.

EzpIonotion.—\Vhere in any State aforesaid, there was or is in force any law prohibiting transfer of urban property in that State except under the circumstances, if any, specified therein, then, for the purposes of this sub-section, any transfer by way ot sale of such property, being vacant land, made by anyperson undera registered deed forvaluable considera- tion in accordance with the provisions of such law or in pursuance of any sanction or permission granted under such law, shall be deemed to bea bona 5de sale.

(5) Where any firm or unincorporated association or body of indi- viduals holds vacant land or holds any other land on which there is a building witha dwelling unit therein or holds both vacant land and such other land, then, the right or interest of any person in the vacant land or such other land or both, as the case may be, on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person.

(6) Wherea person isa beneficiary ofa private trust and his share in the income from such trust is known ordeterminable, the share of such person in the vacant land and in any other land on which there isa build- ing witha dwelling unit therein, held by the trust, shall be deemed tobe in the same proportion as his share in the total income of such trust bears to such total income and the extent of such land apportionable to his share shall also be taken into account in calculating the extent of vacant land held by such person.

(7) Wherea person isa member ota Hindu undivided tamily, so much ofthevacant land and of any other land on which there isa building witha dwelling unit tnerein, as would haveI allen to his share had the entire vacant land and such other land held br the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person.

(8) Wherea person, beinga member ofa housing co-operative society registered or deemed tobe registered under any law forthe time being in force, holds vacant land allotted to him by such society, then, the extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person.

(9) Wherea person holds vacant land and also holds any other land on which there isa building witha dwelling unit therein, the extent of such other land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person.

(10)' Wherea person ownsa part ofa building, beinga group hous- ing, the proportionate share of such person in the land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held Joysuch person. 197 ] r a ( i ng

d Re la o 7

erson t e a so tran ll taken into ac ou ,

it t

rej dice to the hts or in sts f th transferee

i the lan s

tra :

ess ant d such nder this hapter shall be selecte out of e cant land afte

( r pose of clause ( the bu n of ving any sale to be a na fid sha

o the transfero xplanati .-W r t afo i , as is in forc y i it f r f r ert e t

h rcu stances, i y, ecifi d t erein, t en, r th s -section, any r ay

f f ert , n v , a ny

e a or u co o n accord i the p io

a in cti is t , a l e a fi

l

) re any firm or unincorporated dy of indi s lds ch there i a

h a lling unit t right or interest y , as the be,

firm or as ociat dy sha o be in

) here a r i a eneficiary of a ri ate t t d i n

nco o is know or

i able , su

h a an i h a i

it a ell i th , the tru

all e o

n the sam r portion as is are i h to e

r o suc

l nco h e land ap r o l to i sh l e a a nt l ti g t t t a suc .

Wh e a a mem r of a H ndivided f m h f e which there a

a ing un h in, as woul f re vacant such y the u undivi

titioned amongst its members a the comm ent of shal taken into inating e

t

W re person, a ember of a housing co-operative society or de d to e u aw for he e eing in

, holds va to him such societ

d s n int

unt in calcu

h pe

W re person holds cant

als

hich there is a a , r land o cupied by e an the land ap urtenant thereto shall

o be taken into a count calg t of

0)1 Wher a

a a ing, being a , the proportionate share of such pers t l the ing and appurt theret shall o taken into unt in cal g by p

7

J'ra: - 'er oI !and. Urboti Lord (Ceiling anâ Itegulotioa [cci 33

(II) For the removal of doubts it is hereby declared that nothing in sub-sections (5), (6), (7), (9) and (IN) shall be construed as empower- ingthecompetent authority to declare any land referred to in sub-clause

(ii) or s lb-clause (iii) of clause (q) of section2 as excess vacant land under this Chapter.

Eyianation.—For the purposes of this section and sections 6, 8 and lh a person shall be deemed tohold any land on which there isa build- • ing (whether or not witha dwelling unit therein) if he

(i) owns such land and the building; or

(ii) owns such land but possesses the building or possesses such land and the building, the possession, in either case, being asa tenant undera lease, the unexpired period of which is not less than ten years at the commencement of this Act, or asa mortgagee or under ' an irrevocable iyower or attorney ora hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities; or ›

(iii) possesses such land but owns the building, the possession being asa tenant undera lease or asa mortgagee or under an irrevo- cable power of attorney or a hire-purchase agreement or partly in one of the said capacities or partly in any other of the said capacity or capacities.

S. (i) In any State to which this Act applies in the first instance, where any person who had held vacant land in excess of the ceiling limit at any titne during the period commencing on the appointed day and ending with the commencement of this Act, has transferred such land or part thereof by way of sale, mortgage, gift, lease or otherwise, the extent of the land so transferred shall also be taken into account in calculating the extent of vacant land held by such person and the excess vacant land in relation to such person shall, for the purposes of this Chapter, be selected out of the vacant land held by him after such transfer and in case the entire excess vacant land cannot be so selected, !he balance, or, where no vacant land is held by him after the transfer, tb.e entire excess vacant land, shall be selected out of the vacant land held by the transferee:

Provided that where such person has transferred his vacant land to more than o.ne person, the balance, or, as the case may be, the entire excess vacant land aforesaid, shall be selected out of the i•acant land held by each of the transferees in the same proportion as the area of the ' vacant land transferred to him bears to the total area o1 the land trans- ferred to all the transferees.

(?) Where any excess vacant land is selected out of the vacant land * transferred under sub-section (I), the transfer of the excess vacant land so selected shall be deemed tob•. null and void. _

(3) In any State to which this Act applies in the first instance and in any State which adopts this Act under clause (1) of article 252 of the Constitution, no person holding vacant land in excess of the ceiling limit immediately before the commencement of this Act shall transfer any such land or part thereof by way of sale, mortgage, gift, lease or otherwise until he has furnisheda statement under section 6 and a notification regarding the excess vacant land held by him has been published under sub-section( I) of section 10; and any such transfer maae incontravention of this provision shall be deemed tobe null and void. T ns-

f r f

vacant

l .

8 Urban and (Ceili d Regulation) ACT

11) or moval of doubts it i y declared that nothing in b-sections (5), ), , (9) an (10) shal be construed as em er n he petent t ori land referred to in sub-clause

ii) r su l se o cla (q) of section as exc v t lan er th C t r.

xplanation.- ses f s d s , 8 d

18 a er n a l e ed t ol y l hi a b g hether r ot it a e li g unit t erein) if he- s a the b ld ;

ii) own ch land but pos esses the building or possesse uch d nd the building, the pos ession, in either as a enant a le , he ch is l

the com cement of this Act, a e or nder

ocable p of attorney or a hire-purchase agreement or es and other of the said

or capaci o

i) posses es such land but the buildi t posses a t u a or as a mortg er an irrev . r of atto a hir ent or partly in of sai s or partly in any

capac

5. 1) y to w this A t ap e in the first instanc here r ho ad l nt a in ex the ceiling it a time during the period com e ci the app e d i i the com ence ent ct, h transferre such thereo by w of sale, m g gift, lease or otherw the land so transferred sh also b taken into ac o in l l t t t t land d b such person and the excess cant re i to suc p l, th pu s th

hapter, be selected out f the vacant land held by him after suc

sfer nd e e v lan ca so selecte

t l ce, r, here cant l the trans h e e nt , a l s t th va land l th

d tha here such person has transfer ed his vacant land to re than one person, the balance, or, be, the entire land afo , all be cted out vacan land

each of the t the s proportion as e rea

nt and transferred to bears to the total rea of nd tra to all transferees

2 W e any exces vacant land is selec and er sub-section (1 e ant land sha l be de d to e void

) y to w this A t ap in the first instance an e a t th s ct a icle 2 f

onstituti n, o r l i cant n the ceiling lim t ediately efore t encement of t is ct ll tran an an thereof b w of sale, rt , lea other til s fu a tate ent der cti n 6 and notification i ess acant l l bee p sh u

-s cti (1) io ; d y ad in ti

t i ll e to an void

8

or 19761 Urbart Lord (Ceiling and Reputation) g

6. (!) Every person holding vacant land in excess of the ceiling limit at the commencement or this Act shall, withity such period as may be prescribed, filea statement before the competent authority having juris- diction specifying the iocation, extent, value and such other particulars as may be prescribed of allvacant lands and of any other land on which there is a building, whether or not witha dwelling unit therein, held by him (including the nature of his right, title or interest therein) and also specifying the vacant lands within the ceiling limit which he desires to retain:

Provided that in relation to any State to which this Act applies in the first instance, the provisions ot this sub-section shall have efieet as if for the words "Every person holding vacant land in excess of the ceiling limit at the commencement of this Act", the words, figures and letters

"Every person who held vacant land in excess of the ceiling limit on or alter the 17th day of February, l9f5 and before the commencement of this Act and every person holding vacant land in ezcess of the ceiling limit at such commencement" had been substituted. AlIo'nation.—In this section. "commencement of this Act" means,— ('r) the date on which this Act comes into force in any State;

(ii) where any land, not being vacant land, situated ina State in which this Act is in force has become vacant land by any reason what- soever, the date on which such land becomes vacant land; (i i) wh.•.re any notification has bed.n issued under clause (n) of section2 in respect of any area ina State in which thisA ct is in force, the date of publication oT such notification. (?) If the competent authority is of opinion that (a)inanyState to which this ACt applies in the first instance, any person held on or after the 17th day of February, 1975 and before the commencement o1 this Act or holds at such commence- ment; or

(b) in any State which adopts this Act under clause (1) of article 252 of the Constitution, any person holds at the commence- ment of this Act,

vacant land in excess of the ceiling limit, then, notwithstanding anything contained in sub-section (1), it may servea notice upon such person requiring him to file, within such period as may be specified in the notice, the statement referred to in sub-section (i).

(3) The competent authority may, if it is satisfied that it is necessary so to do, extend the date for filing the statement under this section by such further period or periods as it may think fit; so, however, that the period or the aggregate of the periods of such extension shall not exceed three months.

(4)The statement under this section shall be filed,— t•1 in the case of an individual, by the individual himself; where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where theindividual is mentally incapacitated from attending to his a8airs, by his guardian or any other person competent to act on his behalfi;

(b) in the case ofa family, by the httsb8nd or wide and where thehusband or wife isabsent from India or is mentally incapacitated Persons

holding

land tn

excess oI

cetlin¢

lirriit to

file state-

ment.

OF 1976] Urban Land (Ceiling and Regulation) 9

6. (1) Every person holding vacant land in excess of the ceiling limit at the commencement of this Act shall, within such period as may be prescribed, file a statement before the competent authority having juris- diction specifying the location, extent, value and such other particulars as may be prescribed of all vacant lands and of any other land on which there is a building, whether or not with a dwelling unit therein, held by him (including the nature of his right, title or interest therein) and also specifying the vacant lands within the ceiling limit which he desires to retain:

Provided that in relation to any State to which this Act applies in the first instance, the provisions of this sub-section shall have effect as if for the words "Every person holding vacant land in excess of the ceiling limit at the commencement of this Act", the words, figures and letters

"Every person who held vacant land in excess of the ceiling limit on or after the 17th day of February, 1975 and before the commencement of this Act and every person holding vacant land in excess of the ceiling limit at such commencement" had been substituted. Explanation. In this section, "commencement of this Act" means,-

(t) the date on which this Act comes into force in any State;

(ii) where any land, not being vacant land, situated in a State in which this Act is in force has become vacant land by any reason what- soever, the date on which such land becomes vacant land;

(iii) where any notification has been issued under clause (n) of section 2 in respect of any area in a State in which this Act is in force, the date of publication of such notification.

(2) If the competent authority is of opinion that

(a) in any State to which this Act applies in the first instance, any person held on or after the 17th day of February, 1975 and before the commencement of this Act or holds at such commence- ment; or

(b) in any State which adopts this Act under clause (1) of article 252 of the Constitution, any person holds at the commence- ment of this Act,

vacant land in excess of the ceiling limit, then, notwithstanding anything contained in sub-section (1), it may serve a notice upon such person requiring him to file, within such period as may be specified in the notice, the statement referred to in sub-section (1).

(3) The competent authority may, if it is satisfied that it is necessary so to do, extend the date for filing the statement under this section by such further period or periods as it may think fit; so, however, that the period or the aggregate of the periods of such extension shall not exceed three months.

(4) The statement under this section shall be filed,-

(a) in the case of an individual, by the individual himself; where the individual is absent from India, by the individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his

affairs,

by his guardian or any other person competent

to act on his behalf.;

(b) in the case of a family, by the husband or wife and where the husband or wife is absent from India or is mentally incapacitated

Perso s

holding

vacant land in

excess of ceiling limit o file state- ment.

9

tate- ment in cases where vacant land

held

bya

person is situated within the jurisdiction ot twe or more com- petent

a pthtrities. from attending to his or her affairs, by the husband or wide who is not so absent or mentally incapacitated and where both the husband and the wide are absent mom India or are mentally incapacitated trom attending to their affairs, by any other person comiyetent to act on behalf of the husband oz wide or both;

(c) in the case ofa company, by the principal officer thereof; •

(d) in the case ofa firm, by any partner thereof; (e› in the case of any other association, by any member ofthe association or the principal officer thereof; and

(J) in the case of any other person, by that person or bya person competent to act on his behalf.

I Urination.—For the purposes of this sub-section, "principal officer",—

(i) in relation toa company, means the secretary, manager or managing-director or the company;

fii) in relation to any association, means thesecretary, treasurer, manager or agent of the association,

and includes any person connected with the management of the aflairs of the company or theassociation, as the case may be, upon whom the competent authority has serveda notice of his intention of treating him as the principaloficer thereof

7. (1) Wherea person holds vacant land situated within thej urisdiclion of two or more competent authorities, whether in thesame State or in two or more States to which this Acr applies, then, he shall file his statement under sub-section [1) of section6 before the competent authority within the jurisdiction of which themajor part thereof is situated and thereafter all subsequent proceedings shall bc taken before that competent authority to the exclusion of the other competent authority or an thorities concerned and the competent authority, before o'hich the statement is filed, shall send intimation thereof to the other competent authority or authorities concerned.

(2) Where theextent o1 vacant land held by eny person and situated within the jurisdlct'on of two or more competent authorities within the same State to which this Act applies is equal, he shall file his statement under sub-section (I) of section6 before any one of the competent authorities and send intimation thereoI in such form as iTiay be prescrib- ed to the State Government and thereupon, the State Government shall, by order, determine the competent authority before which allsubsequent proceedings under this Act shall be taken to the exclusion of the other ' competent authoflty or authorities and communicate that order to such person and the competent authorities concerned.

(3) Where theextent of vacant land held by anyp arson and situates within the jurisdiction of two or m ore competent authorities in two or more States to which this Act a ppm es is equal, he s hall file his statement under sub-section (2) of section6 before any one of the competent autho- rities and send intimation thereof in such form as may be prescribed to ihe Central Governmento nd thereupon. the Cen*ra1 Government shall, by order, determine the competent authority before which allsubsequent proceedings shall be taken to the exclusion of the other competent autho- rity or authoriti=-s and communicate that order to sur-!i person.t h• State Governments and the competent authorities concerned.

io Urban Land (Ceiling and Regulation) [ACT 33

from attending to his or her affairs, by the husband or wife who is not so absent or mentally incapacitated and where both the husband and the wife are absent from India or are mentally incapacitated from attending to their affairs, by any other person competent to act on behalf of the husband or wife or both;

(c) in the case of a company, by the principal officer thereof;

(d) in the case of a firm, by any partner thereof;

(e) in the case of any other association,

by any member of the association or the principal officer thereof; and

(f) in the case of any other person, by that person or by a person competent to act on his behalf.

Explanation.-For the purposes of this sub-section, "principal officer",-

(i) in relation to a company, means the secretary, manager or managing-director of the company;

(ii) in relation to any association, means the secretary, treasurer, manager or agent of the association,

and includes any person connected with the management of the affairs of the company or the association, as the case_may be, upon whom the competent authority has served a notice of his intention of treating him as the principal officer thereof.

Filing of 7. (1) Where a person holds vacant land situated within the jurisdiction ,tote- of two or more competent authorities, whether in the same State or in two anent in or more States to which this Act applies, then, he shall file his statement cases under sub-section (1) of section 6 before the competent authority within where the jurisdiction of which the major part thereof is situated and thereafter vacant all subsequent proceedings shall be taken before that competent authority land held to the exclusion of the other competent authority or authorities concerned by a and the competent authority, before which the statement is filed, shall person is send intimation thereof to the other competent authority or authorities situated concerned.

within the

jurisdiction (2) Where the extent of vacant land held by any person and situated of two or within the jurisdiction of two or more competent authorities within the more com-potent same State to which this Act applies is equal, be shall file his statement authorities. under sub-section (1) of section 6 before any one of the competent authorities and send intimation thereof in such form as may be prescrib- ed to the State Government and thereupon, the State Government shall, by order, determine the competent authority before which all subsequent proceedings under this Act shall be taken to the exclusion of the other competent authority or authorities and communicate that order to such person and the competent authorities concerned.

(3) Where the extent of vacant land held by any person and situates within the jurisdiction of two or more competent authorities in two or more States to which this Act applies is equal, he shall file his statement under sub-section (1) of section 6 before any one of the competent autho- rities and send intimation thereof in such form as may be prescribed to the Central Government and thereupon. the Central Government shall, by order, determine the competent authority before which all subsequent proceedings shall be taken to the exclusion of the other competent autho- rity or authorities and communicate that order to such person. the State Governments and the competent authorities concerned.

10

OF 19/b] Ur bon fond. (Ceiling and ftegulotion)

(I) On the basis of the statement filed under section6 and after such Preparation inquiry as the competent authority may deem fit to make thecompetent OÎdraft authority shall preparea drake statement in respect of the person who has filed the statement un der section 6.

(f) Every statement prepared under sub-section (I) shall contain the following particulars, namely: —

()the name and address olthe person;

(ii) the particulars of all vacant lands and of any other land on which there isa building, whether or not witha dwelling unit there- in, held by such person;

(iii) the particulars of the vacant lands which such person desires to retain within the ceiling limit;

(il) the partieulars of the right, title or interest or the person in the vacant lands; and

(oi such other particulars as may be prescribed. (.3) The draft statement shall be served in such manner as may be prescribed on the person concerned together witha notice stating that any objection to the draft statement shall be preferred within thirty days of the service thereof.

(*) The competent authority shall duly consider any oh jection re- ceived, within the period specified in the notice referred to in sub-section

(3) or within such further period as may be specified by the competent authority for any good and sufficient reason, from the person on whom a copy of the draft statement has been served under that sub-section and the competent authority shall, after giving the objectora reasonable opportunity of being heard, pass such orders as it deems fit.

9. After the disposal of *he objections, if any, received under sub- section t4) of section 8, the competent authority shall make thenecessary alterations in the draft statement in accordance with the orders passed on the objections aforesaid and shall determine the vacant land held by the person concerned in excess of the ceiling limit and causea copy of the draft statement as so altered te be served in the manner referred to in sub-section (3) of section8 on the person concerned and where such vacant land is held undera lease, or a mortgage, or a hire-purchase agreement, or an irrevocable power of attorney, also on the owner of such vacant land.

statement

as regards

vacant

land held

in excès

of ceiling

limit.

state-

menL

l(i. [li As soon as may be atter the service of the statement under Acquisi. section 9 on the person concerned, the eompetent authority shall cause tÏOn a notification giving the particulars of the vacant land held by such person in excess of *he ceiling limit and stating that— of •acant

land in

excess pl

(i) such vacant land is to be acquired by the concerned State ceiling Government; and limit.

(ii) the claims of all persons interested in such vacant land may be made by them personally or by their agents giving particulars of the nature of their interests in such land,

to be published for the information of the general public in the Official Gazette of the S*ate concern-ed and in such other manner as may be prescribed.

(2) Ai ter considering the claims of the persons interested in the vacant land, made tothe competent authority in pursuance of thy F 1976] Urba Land

eil d

Regulation) II

8. 1) n t e asis f atem t le o 6 d such i th co pet t t ri ay em t the co t t orit all ar a ft statem t in resp t th perso o s statem t sec io 6

2) Ev repared under sub-section (1) shal articulars, namely:-

i) t d a f pe ; (ii)

e rti lars f l t s d an hi t r a il i g, hether r t it a ell i the , such pe s

iii) e rt l lan suc so i the c lin li it

v) the c rs tle or interest of the d

v) lars as may be prescribed. ) he raft ate ent a l e anner be r scri ed n cer ed t gether ith a ti in th y j cti n t d statem t s ll b preferre i thirty the service there

4) The ity sha l duly consider any obje re e eriod speci

or within such further period as may fied by the co ority or any su cient reason, from the person on wh m of the d een served under that sub-sect the competent authority shal , af a

ity of being heard, pas such orders as it de ms fit. After osal of the jections, if any, received under sub- ( section 8, the competent authority sha l mak he ions in the draft statement in a cordance wi t pa ctions aforesaid and sha l determine the vacant la ncerned in excess of the c imit and a y of the ed to be ser th m er refer ed to in

section (3) of section 8 on th person onc rned and where uch held under a lease, or a mort age, or a hire-pur i ble p of ney, also on the ow f

ant l

10. (1) As s on as may after the service of the statement un ion 9 on c mpetent authority shall cause

a ification giving the particulars of the vacant land held by such n t ing limit and stating that-

i) such vacant land is to be acquired by the concer State

i) the claims of a l persons interested in such vacant land ma de by them personally or by their agents giving particulars of ure of their int lan

l the inform t the ge pu c in the Offic

azette f t t t ncerned and in such other ma ner as may r r .

Af er considering the claims of the persons interested in land, made to the competent hority n pursuance the Preparation

of dr

r

e s i n it. Final e t. cquisi- tio

v t

n

cess of

i n it.

11

nf amount forvacant oquhed,

12

Arboa Land (Ceiling otid Regulation) {ter 33 notification published under sub-section (I), the competent authority shall determine the nature and extent of such claims and pass such orders as it deems fit.

(3) At any time after the publication of the notificati0n under sub- section (1), the competent authority may, by notification published in the . OU.cial Gazette of the State concerned, declare that the excess vacant land referred to in the notification published under sub-section (i) shall, with eflect from such date as may be specified in the declaration, be deemed to have been acquired by the State Government and upon the publication of such declaration, such land shall be deemed tohave vested absolutely in the State Government free from all encumbrances with effect from the date so specified.

(#) During the period commencing on the date of publication of the notification under sub-section (1) and ending with the date specified in , the declaration made under sub-section (3

(i) no person shall transfer by way of sale, mortgage, gitt, lease or otherJse any excess vacant land (including any part thereof) specified in the notification aforesaid and any such transfer made in contravention of this provision shall be deemed tobe null and void; and

(ii) no person shall alter or cause to be altered the use of such excess vacant land.

(5) Where any vacant land is vested in the State Government under sub-section (3), the competent authority may, by notice in writin,•, order any person who may be in possession of it to surrender or deliver posses- sion thereof to the State Government or to any person duly authorised by the State Government in this behalf within thirty days of the service of the notice.

t6) If any person refuses or fails to comply with an order made under sub-section (5), the competent authority may take possession of the vacant land or cause it to be given to the concerned State Govern- ment ortoany person duly authorised by such State Government in this behalf and may for that purpose use such force as may be necessary. E@lonation.—In this section, in sub-section (1) of section 11 and in sections 14 and 23, "State Government", in relationt —

(o) any vacant land owned by *he Central Government, means the Central Government;

(b) any vacant land owned by any State Government and situated ina Union territory or within the local limits o1a canton- ment declared as such under section3 ct the Cantonments Act, 1924, means that State Government.

II. 1) Where any vacant land is deemed to have been acquired by any State Government under sub-section (8) of section 10, such State Government shalt pay to the person or persons having any interest therein,—

(o)ina case where there is any income from such vacant land, an amount equal to eight and one-third times the net average annual income actually derived from such land during the period oT five consecutive years immediately preceding the date of publication or the notification issued under sub-section (I) of section 10; or 2 oE 1924.

2 Ur an and (Ceiling and Regulation) [ACT 3

otifi ti ubli e - i (1), the co petent authority shall et ine t e ature and extent f laim su or a i s

Payment

of amount

for vacant and

a quired, ( ) t y tim ft r the pu lic tio of the notificatio r su - cti ( ), t e petent authorit ay, tifi ti bli i the fficial Gazette of the State concerned, declare that the exce s t

l f t , i t tifi ti li s

-section (1) shall,

it ffect f ch ate ay sp i i i th d l ti , ed t have een acquired by t t t over ent th ublicati n of s ch eclaration, s ch l ll e e to t bsolutely i t t t G ent fre from all encum ith

e fect f t sp i .

(4) uring t eri d mencing on t e date f blicati n f t otification under sub-section (1) nd di it th d t sp i i i t e eclarati n ade under sub-section (3)-

(i) all t sfer y ay f l ,ortgage, ift, le se

or t wise a y ce s acant l in l i g y t there

specified in t e otifi ti n aforesaid and any s c t sfer ade i contravention of this provision shall be e ed t e ll i ; and

(ii) no person shall alter or cause to be altered the use of such excess va

(5) Where alan vested in the State Government un sub-section (3), the competent authority may, by notice in writing, order

any may be in posse sion of it to surrender or deliver pos

sion thereof to the S ate Government t any d by the State Government in this behalf within thirty days of the service

of the ce.

(6) If any person refuses or fails to comply with an order ma under ub - section

( 5), the competent authority may n

the vacant land or cause it to be given to the concerned State Govern- me an pers du authorised by such State Gov ent in t behalf and may for that purpose use such force as may be necessary.

Explanation.-Ithis s cti n ,in s b-secti

(1) of section 11 and in

sections 14 nd 3

, "State overnment",i relation to-

(a) y t e by tCentral overnment, eans t entral over ent;

(b) any vacant land owned by any t t G r ent sit ated in a nion te rit ry or ithi t l al li its f a t n-

ment declared as such under section 3 of the antonments Act, 1924, 2 of 1924. means t at t t overn ent.

11. (1) here any acant l d i ed t e uir y

any State overnment under sub-section (3) of section 10, such Government shall pay t the person or perso s i i t est therein,-

(a) i a se here t re is y inco fro s t l , an amount equal to eight and one

-third ti es t e net erage nnual i come actually derived from such land during the period of fi e consecutive years i mediately preceding the date of ublication of the notification is ed nder b-secti n (1) of secti 0; or

OF I9T6j

Urban Land (Ceiling end Bequlation)

(b) ina case where no income is derived from such vacant land. an amount calculated ata rate not exceeding—

(i) ten rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category A or categoryB specified in Schedule I; and

(ii) five rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category C or categoryD specified in that Schedule.

(?) 'I'he net average annual income referred to in clause (a) of sub- section (I) shall be calculated in the manner and in accordance with the principles set out in Schedule 11.

(3) For the purpose of clause (b) of sub-section (1), the State Crov- ernment shall—

(a) divide, by notification in the Official Gazette, every urban agglomeration situated within the State into different zones, having regard to the location and the general use of the land situated in an urban agglomeration, the utility of the land in that urban agglo- meration for the orderly urban development thereof and such other relevant factors as the circumstances or the case may require; and

(b) fix, subject to the maxirrium rates specified in that clause, the rate per square metre of vacant land in each zone, having regard to the availability of vacant land in the zone, the trend of price rise of vacant land overa period of twenty years in the zone before the commencement of this Act, the amount invested by the Gov- ernment forthe development of the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the ease may require.

(4) Different rates may be fixed under clause (b) of sub-section (41 for vacant lands situated in different zones within each urban agglomera- tion.

(J) Notwithstanding an7thing contained in sub-sermon (1) where and vacant land which is deemed to have been acquired under sub-section

(3) of section 10 is held by any person undera grant, lease or other tenure from the Central Government or any State Government and—

(i) the terms of such grant, lease or other tenure do not provide for payment of any amount to such person on the termination of such grant, lease or other tenure and the resumption of such land by the Central Government or the State Government, as the case may be; or

(ti) the terms of such grant, lease or other tenure provide for payment of any amount to such person on such termination and resumption,

then,—

(a) ina case falling under clause (i), no amount shall be pay- * able in respect of such vacant land under sub-section (1); and

(b) ina casce falling under clause t"), the amount payable in respect of such vacant land shall be the amount payable to him under the terms ofi such grant, lease or other tenure on such termi- nation and resumption or the amount payable to hirtt under sub- section (I), whichever is less

of 1976] Urban Land (Ceiling and Regulation) 13

(b) in a case where no income is derived from such vacant land, an amount calculated at a rate not exceeding-

(i) ten rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category A yr category B specified in Schedule I; and

(ii) five rupees per square metre in the case of vacant land situated in an urban agglomeration falling within category C or category D specified in that Schedule.

(2) The net average annual income referred to in clause (a) of sub- section (1) shall be calculated in the manner and in accordance with the principles set out in Schedule II.

(3) For the purpose of clause (b) of sub-section (1), the State Gov- ernment shall-

(a) divide, by notification in the Official Gazette, every urban agglomeration situated within the State into different zones, having regard to the location and the general use of the land situated in an urban agglomeration, the utility of the land in that urban agglo- meration for the orderly urban development thereof and such other relevant factors as the circumstances of the case may require; and

(b) fix, subject to the maximum rates specified in that clause, the rate per square metre of vacant land in each zone, having regard to the availability of vacant land in the zone, the trend of price rise of vacant land over a period of twenty years in the zone before the commencement of this Act, the amount invested by the Gov- ernment for the development of the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the case may require.

(4) Different rates may be fixed under clause (b) of sub-section (3) for vacant lands situated in different zones within each urban agglomera- tion,

(5) Notwithstanding anything contained in sub-section (1) where any vacant land which is deemed to have been acquired under sub-section

(3) of section 10 is held by any person under a grant, lease or other tenure from the Central Government or any State Government and-

(i) the terms of such grant, lease or other tenure do not provide for payment of any amount to such person on the termination of such grant, lease or other tenure and the resumption of such land by the Central Government or the State Government, as the case may be; or

(ii)

the terms of such grant, lease or other tenure provide for payment of any amount to such person on such termination and resumption,

then,-

able in respect of such vacant land under sub-section (1); and

(a) in a case falling under clause (i), no amount shall be pay-

(b) in a

caste falling under clause (ii), the amount payable in respect of such vacant land shall be the amount payable to him under the terms of such grant, lease or other tenure on such termi- nation and resumption or the amount payable to him under sub- section (1), whichever is less

13

Co nstitu- tion ot Urban

Land Tri- burial and appeal to Urban

Land Tri- bunal.

Second

appeal to Higfr

Court.

htode of ga}"me¿t oJ' amo ur I

iq

(6) Notwithstanding anything contained in sub-section (1) or sub- section (3), the amount payable under either of the said sub-sections shall, in no case, exceed two lakhs of rupees.

(7) The competent authority may, by order in writing, determine the arrlount to be paid in accordance with the provisions of this section as also the person, or, wh ere there are several persons interested in the !and, the persons to z'hom it shall be paid and in what proportion, if any. • (é) Beiore deterriiining the amount tobe paid, every person interested shall be given an opportunity to state his case as to the amount to be . paid to him.

(.9) The competent authority shall dispose of every case for determi- nation of the amount to be paid as expeditiously as possible and in any , easy within such period as may be prescribed.

(lfi) Any claim or liability enforceable against any vacant land which :s deemed tohave been acquired under sub-section (3) of secIioy 10 may oe enlorced only against the amount payable under this section in res- ' pect of such land and against any other sroperty Of the owner of such land.

12. (1) The State Government may, by notification in the OfficiaT azette, constitute one er more Urban Land Tribunal or Tribunals.

(2) The Tribunal shall consist ofa sole member who shall be an officer of the rank ofa Commissioner ofa division ora member oftheBoard of Revenue.

(3) The Tribunal shall have jurisdiction over such area as the State Government may, by notification in the Official Gazette, specify.

(4) If any person isaggrieved by an order of the competent authority under section 11, he may, within thirty days of the date on which the order is communicated to him, prefer an appeal to the Tribunal having jurisdiction over the area in which thevacant land (inrelation to which the amount has been determined) is situated or where such land is situa- ted within the jurisdiction of more than one Tribunal to the Tribunal having jurisdiction over the area in whicha major part of such land is situated or Where the extent of such land situa ted within the jurisdiction of two or more Tribunals is equal. to any of those Tribunals:

Provided that the Tribunal may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by suffic ent causeI rout filing the appeal in time.

(5) In deciding appeals :he Tribunal shall exercise all the powers whicha civil court has and follow the same procedure whicha civil court follows in deciding appeals against the decree of an original court under the Code of Civil Procedure, 1908.

13. Subject to the provisions of the Code of Civil rocedure, 1908, applicable to appeals from original decrees, an appeal shall lie to the High Court from the decision of the Tribunal under section 12.

14. (1) The State Government shall, within a period of six months from the date of the order of the competent authority determining the amount tobepaid under section 11, or. ina case where an appeal has been preferred against such order under section 12 or under section 13, within a period of six months from the date of the final appellate order, pay the amount referred to in section 11 to the person or persons entitled thereto. w

5 of 1908..

5 of 1908.

14 Urban Land (Ceiling and Regulation) (ACT 33

(6) ot ithstanding anything contained in sub-section (1) or sub- secti n (5), t e am t pa a le u er either of the said sub-sections all, i c , t lak of rup .

( ) he petent t orit ay, r r i riti , t r i t

am nt t e ai in acc r a ce it the r isi s f t is secti as lso t e rson, r, here t r r se r l rs s i t r st d i t land, the persons to who it shall be paid and in hat proportion, if any.

(8) efore determining the a ount to be paid, every person interested shall e i en an pportunity to state is ase as t t ount to ai .

(9) The competent authority shall dispose of every case for determi- nation of the amount to be paid as expeditiously as possible and in any case within su may be prescr

(10) ny clai or liability enforceable against any vacant land hich is dee ed to have been acquired under sub-section (3) of, section 10 ay be enforced only against the a ount payable under this section i res- pect of such land and against any other property of the o ner of such l d.

Constit - ti of

Urban

Land Tri- bunal and a peal t

Urban

Land Tri- bunal.

12. (1) The tate overnment ay, by notification in the Official Gazette, constitute one or ore rban and ri nal r ri nals.

(2) he ribunal shall consist of a sole e ber ho shall be an officer of the ra f a o missioner of a divisi n or a ember of t e oard f Revenue.

(3) The Tribunal shall have jurisdiction over such area as the State Government may, by notification in the Official Gazette, specify.

(4) If a y ers is a grie ed by a r er f t e c petent authorit under section 1, he may, within thirty days of t e ate n hich t e order is co municated to him, prefer an appeal to the ribunal having jurisdiction over the area in which t e vacant la d (in relati t hic the a ount has been deter ined) is situated or here such land is situa- ted within t e j ri iction of ore t an ne ri unal t t ri al having jurisdiction over the area in which a ajor part f l i situated or where t e extent f s ch la d sit ated ithi t e j ris icti n of two or more Tribunals is equal, t ny f t s ri unals:

Provided that the Tribunal may entertain the appeal after t e e pir of the said period of thirty ays if it is s tisfi d t at t e pellant as prevented by sufficient cause from filing the appeal i i e.

(5) In deciding a peals the Tribunal shall xercise all t e ers which a civil court has and f ll t e sa e pr cedure which a civil court follows in deciding a peals against the decr e of an original court nder the Code of Civil Procedure, 1908. 5 of 1908..

Second 13. Subject to the provisions of the Code of Civ l Procedure, 190

5 of 1908_

a peal to a or cr es, an appeal lie to he

High High Court fr the decision of the ri unal der ti 2.

Court.

Mode of pay ent of amount

14. (1) The State overnment shall, within a eri d f si onths fro the date of the order of the co petent authority deter ining t amount to be maid under section 1, or, in a case where an a peal has been preferred against such order under secti n 2 or nder ti 3, withi a period of six months fr the date of the final a pellate order, pay t e amount referred to in section 1 to the person or persons entitled thereto.

14

or 19T6j Urbatt Lund (Ceiting and fiegulottott)

(2) Twenty-five per cent. of the amount or twenty-five thousand rupees, whichever isless, shall be paid in cash and the balance in negoti- able bonds redeemable otter the expiry of twenty years carrying an interest at the rate of five per cent. per annum with effect from the date Off which the vacant land is deemed tohave been acquired by the State Government under sub-section ‹3) of section 10.

15.( 1) IN, on or after the commencement of this Act, any person ac- quires by inheritance, settlement or bequest from any other person or by sale in execution ofa decree or order ofa civil court or of an award or order of any other authority or by purchase or otherwise, any vacant land the extent of which together with the extent of the i'acant land, if any,o lready held by him exceeds in the aggregate the ceiling limit, then, he shall, within three months of the date of such acquisition, filea state- ment before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed of all the vacant lands held by him and also specifying the vacant lands within the cciling limit which Ice desires to retain.

(2) The provisions of sections6 to 14 (both inclusive) shall, so far as may be. apply to the statement filed under this section and to the vacant land held by such person in exces.s of the ceiling limit.

16. (7) Where any person holds any vacant land in any State to which this Act does not apply in the first instance but yhich subsequent- ly adopts this Act under clause (1) of article 252 of the Constitution and the extent of auch land together with the extent of the vacant land, if any, already- lucid by him in any other State to Which this Act applies in the first instance, exceecis in the aggregate the ceiling limit, then, he shall, within three months pt the commencement of this Act in the State first mentioned, filea statement before the competer'.t authority having juris- diction specifying the location, extent, v*1ue end such other particulars as may be P*"*cribed of all vacant lands held by him in that State and in such other State arid also specifying the vacant lands within the ceiling limit which he desires to retain.

(?) The provisions of sections 6 to 14 (both inclusive) shall, so far es may be, apply to the statement filed under this section arid to the vacant land held bx such person in excess of the cert ink limt{.

17. The competent authori*¿• or anv person acting under the orders of *he cornpetent authority may. subsect to any rules m ade in this behalf and at such reasonable times as may be prescribed, enter upon any vacant I and or any other land or. which there isa buildiny EU 8uCh

assistancea as the competent authority or such person considers necessary and survev end take mea siiremerts iv reel end do any other make

actwhinh the

competent authority or such person comsidcrs necessary for the purposes of this Act.

carrying out

18. (7) If the comoetent authoritv, in the course nf any nrocrcdines under this Act, is satisfied that any person has concealed the particulars of any vacant land or of any other land on which there isa building, whe- ther or not witha dwelling unit therein, held by him or furriished in- accurate particulars of such land or of the user th re I, it mav, atter qivinq such person an ooportiinity of being heard in the matter, by order in writing. direct that, without prejudice to any other penalty to which lWfl On

Iutu?e

inheritance

request

cr by

sale in

e* *cut*on

of desires,

Cen can

persons

to file

statements

when

the °-c*

it rJopted,

subse-

quently 5y

any State

Eo,ver

to enter

icon

Penalty

tor

conceal-

ment, etc.,

of particu-

lars of

vacant

land.

OF 1976] Urban Land (Ceiling

and Regulation) rs

(2) T enty-five per cent. of the a ount or twenty-five thousand

ees, hi

is less, shall be paid in cash and the

balance in negoti-

able bonds redee able after the expiry of twenty years carrying an interest at the rate of five per cent. per annum with effect from the date on which the vacant land is deemed to have been acquired by the State overn ent under sub-section (3) of section 10.

15. (1) If, on or after the com ence ent of this Act, any person ac- quires by inheritance, settlement or bequest from any other person or

by sale in execution of a decree or order of a civil court or of an award or order of any other authority or by purchase or otherwise, any vacant land the extent of which together ith the extent of the vacant land, if any, already held by him exceeds in the aggregate the ceiling limit, then, he shall, within three months of the date of such acquisition, file a state- ment before the competent authority having jurisdiction specifying the location, value and such other particulars as ay be prescribed of all the vacant lands held by him and also specifying the vacant lands within the ceiling limit hich he desires to retain.

(2) The provisions of sections 6 to 14 (both inclusive) shall, so far as may be, apply to the statement filed under this section

and to the vacant land held by such person in excess of the ceiling limit.

16. (1) here any person holds any vacant land in any State to which this Act does not apply in the first instance but which subsequent-

ly adopts this Act under

clause (1) of article 252 of the Constitution and

the extent of such land together with the extent of the vacant land, if any, already held by him in any other State to which this Act applies in the first instance, exceeds in the aggregate the ceiling limit, then, he shall,

within three months of the commencement of this Act in the State first mentioned, file a statement before the competent authority having juris- diction specifying the location, extent, value and such other particulars as may be prescribed of all vacant lands held by hi in that State and in

such other State and also specifying the vacant lands within the ceiling limit which he desires to retain.

(2) The provisions of sections 6 to 14 (both inclusive) shall, so far

as may be , apply to the statement filed under this section and to the

vacant land held by such person in excess of the ceiling limit.

17. The competent authority or any person acting under the orders of the competent authority may. subject to any rules made in this behalf and at such reasonable times as may be prescribed, enter upon any vacant land or any other land on which there is a building with such assistance as the competent authority or such person considers necessary and make survey and take measurements thereof and do any other act which the competent authority or such person considers necessary for carrying out the purposes of this Act.

18. (1) If the

competent authority, in the course of any oroceedines

under this Act, is satisfied

that any person has concealed the particulars of any vacant land or of any other land on which there is a

building, whe- ther or not with a dwelling unit therein, held by him or furnished in-

accurate particulars of such land or of the user thereof, it may, after

giving such person an opportunity of being heard in the matter, by order

in writing, direct that, without prejudice to any other penalty to which

Ceiling limit on future acquisi-

tion by

inheritance request

cr ty

sale in, execution of desires,

etc.

Ceri air. persons to file statements when

the Act

is adopted subse-

quently by any State

Power

to enter upon

any vacant

land.

Penalty for

conceal- ment, etc., of particu- lars of

vacant

land.

15

lie may be liable under this Act, such person shall pay, by way of penalty, a sum whiCh shall not be less than, but which shall not exceed twice, the amount representing the value of the vacant land or of such other land or both, as the case may be, in respect of which the particulars have been concealed or in respect of which inaccurate particulars as afo resaid ha v- been furnished.

(2) Any amount payable under this section, if not paid, may be re- covered as if it were an arrear of land revenue.

C

ggg te

19. [1) Subject to the provisions of sub-section (2), nothing in this not to Chapter shall apply to any vacant land held by— apply to

certain •

vacant

lands.

(i the Central Government or any State Government, or any local authority or any Corporation established by or undera Central or Provincial or State Act or any Government company as defined in section 617 of the Companies Act, 1956;

(ii) any military, naval or air force institution; E fAnAtfOtt—In this clause, "bank" means any banking company as defined in clause (c) of section5 of the Banking Regulation .Act, 1949, and includes—

and

(o)the Reserve Bank ofIndia constituted under the Reserve Bank of India Act, 1934;

th) the State Bank of India constituted under the State Bank of India Act, 1955;

(c) a subsidiary banli as defined in the State Bank ofIndia (Subsidiary Banks) Act, 1959;

(d)a corresponding new bank c‹instituted under section3 of the Banking Companies (Acquisition and Trans(er of Under- talkings) Act, 1970;

(e) the Industrial Finance Corporation of India, established under the Industrial Finance Corporation Act, 1948, the Life Insurance Corporation of India, established 'mder the Liie Insurance Corporation Act, 1956, the Unit Trust o1 India, estab- lished under the Unit Trust c* India Act, 1963, the Industrial Development Bank of India Act, 19(i4, the Industrial Credit and Investment Corporation of India, the Industrial Reconstruction Corporation of India and any other financial institution which the Central Government or the State Government concerned may, by notification in the Offieial Gazette, specify in this L*ehalf;

(ir) any public charitable or religious trust (including wake) required and used forany public charitable or religious purposes:

Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such pur- poses by such trust;

I Of 19Bg.

? O1193J.

23 O119?â. 38 ol t919. 5 ofJ9 70. *ño*19¥8. JI of t956. 52 ofl963. IB of 196't.

Chapter

not to a ply to certain vacant

lands.

16 Urban Land(Ceiling

and Regulation) [ACT 33 he may be liable under this Act, such person shall pay, by way of penalty, a sum which shall not be less than, but which shall not exceed twice, the amount representing the value of the vacant land or of such other land or both, as the case may be, in respect of which the particulars have been concealed or in respect

of which inaccurate particulars as aforesaid have been furnished.

(2) Any amount payable under this section, if not paid, may be re- covered as if it were an arrear

of land revenue.

19. (1) Subject to the provisions of sub-section (2), nothing in this Chapter shall apply to any vacant land held by-

(i) the Central Government or any State Government, or any local authority or any Corporation established by or under a Central or Provincial or State Act or any Government company as defined in section 617 of the Companies Act, 1956;

(ii) any military, naval or air

force institution;

(iii) any bank. Explanation-In this clause, "bank" means any banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, and includes-

(a) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934;

(b) the State Bank of India constituted under the State Bank of India Act, 1955;

(c) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;

(d) a corresponding new bank constituted under section 3

I of 1956.

LO of 1949. 2 of 1934. 23 of 1935. 38 of 1959. of the Banking

Companies (Acquisition and Transfer of Under-

5 of 1970.

takings) Act, 1970;

(e) the Industrial Finance Corporation of India, established under the Industrial Finance Corporation Act, 1948, the Life 15 of 1948. Insurance Corporation of India, established under the Life

Insurance

Corporation Act, 1956, the Unit Trust of India, estab- 31 of 1956. lished under the Unit Trust of India Act, 1963, the Industrial 52 of 1963.

Development Bank of India Act, 1964, the Industrial Credit and 18 of 1964.

Investment Corporation of India, the Industrial Reconstruction Corporation of India and any other financial institution which the Central Government or the State Government concerned may, by notification in the Official Gazette, specify in this behalf;

(iv) any public charitable or religious trust (including wakf) and required and used for any public charitable or religious purposes:

Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such pur- poses by such trust;

W

16

21 o 1 18G 0. OF 18 j

(o) any co-operat1ve society, beinga land mortgage bank ora housing co-operative society, registered

under any law relating to co-operative

in force.

Provided that the exemption under

land mortgage bank, shall not apply to

Otherwise than in satisfaction of its dues; or deemed to be registered

societies for the time being

this clause, in relation toa

any vacant land held by it

(vi) any Such educational, cultural, technical or scientific institu- tionor club [not beinga Corporation established by or under a Central or Provincial or State Act referred to in clause (i) or a so- ciety referred to in clause (cii)) as may be approved for the purposes of this clause by the State Government by general or special order. On appliCation made toit in this behalf by such institution or clUb or otherwise:

Provided that no approval under this clause shaI1 be accorded by the State Government unless that Government is satisfied that it is necessary so to do having regard to the nature and scope of the activi- ties of the institution or club concerned, the extent of the vacant land required bono 5de for the purposes of such institution or club and other relevant factors;

(sit) any society registered under the Societies Registration Act, 1860, or under any other corresponding law tor the time being in force and us -d for any non-profit and non-commercial purpose; (stir) a foreign State for the purposes of its diplomatic and con- sular missions or for such other official purposes as may be approved by the Central Government or forthe residence of the members of thesaid missions;

(ir) the United Nations and its specialised agencies for any offi- cial purpose or for the residence of the members oftheir staff;

(z) any international organisation for any official purpose or for the residence of the members of the staff of such organisation:

Provided that the exemption under this clause shall apply only ii there is an agreement between the Government of India and such international organisation that such land shall be so exempted.

(2) The provisions of sub-section (I) shall not be construed as grant- ing any exemption in favour of any merson, other than an authority, insti- tution or organisation specified in stib-section (2 ), who possesses any vacant land which is owned by such authority, institution or organisation or who owns any vacant land which isin thepossession of such authority, institution or organisation:

Provided that where any vacant land which is in the possession of such authority, institution or organisation, but owned by any other per- son, is deckared as excess vacant land under this Chapter, such authority, institution or organisation shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State (Governmen' on the same terms and conditions sub- ject to which it possessed such land immediately before such declaration. E lnnation.—For the purposes of this sub-section, the expression "to possess vacant land" means to possess such land either as tenant or as morteasee or undera hire-purchase agreement or under an irrevocabIe F 1976] Urban Land

(Ceiling and Regulation) 17

(v) a y co-operative society, being a land mortgage bank or a housing co -operative society , registered or deemed to be registered under any law relating to co-operative societies for the time being in force:

21 of 1860.

Provided that the exemption under this clause, in relation to a

land mortgage bank, shall not apply to any vacant land held by it

otherwise than in satisfaction of its dues;

(vi) any such educational

,

cultural, technical or scientific institu-

tion or club [not being a Corporation established by or under a

Central or Provincial or State Act referred to in clause ( i) or a so- ciety referred to in clause

( vii)] as may be approved for the purposes

of this clause by the State Government by general or special order, on application made to it in this behalf by such institution or club or

otherwise:

Provided that no approval under this clause shall be accorded by the State Government unless that Government is satisfied that it is necessary so to do having regard to the nature and scope of the activi- ties of the institution or club concerned, the extent of the vacant land required bona fide for the purposes of such institution or club and other relevant factors;

(vii) any society registered under the Societies Registration Act, 1860, or under any other corresponding law for the time being in force and used for any non-profit and non-commercial purpose;

(viii)

a foreign State for the purposes of its diplomatic and con- sular missions or for such other official purposes as may be approved

by the Central Government or for the residence of the members of

the said missions;

(ix) the United Nations and its specialised agencies for any offi- cial purpose or for the residence of the members of their staff;

(x) any international organisation for any official purpose or for the residence of the members of the staff of such organisation:

Provided that the exemption under this clause shall apply only if there is an agreement between the Government of India and such

international organisation that such land shall be so exempted.

(2) The provisions of sub-section (1) shall not be construed as grant-

ing any exemption in favour of any person, other than an authority, insti- tution or organisation specified in sub-section (1), who possesses any vacant land which is owned by such authority, institution or organisation

or who owns any vacant land which is in the possession of such authority, institution or organisation:

Provided that where any vacant land which is in the possession of

such authority, institution or organisation, but owned by any other per-

son, is declared as excess vacant land under this Chapter ,such authority,

institution or organisation shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State Government on the same terms and conditions sub-

ject to which it possessed such land immediately before such declaration. Explanation.- For the purposes of this sub - section , the expression "to possess vacant land" means to possess such land either as tenant or as mortgagee or under a hire-purchase agreement or under an irrevocable

17

to wer to e.xempt. i8

power of attorney or partly in one of the said capacities and partly in any other of the said capacity or capacities.

2il. (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter,—

(a) where any person holds vacant lard in e.xces•s : * the ceiling limit and the State Goveinment is sa melted,r itliero n itso .:'n motion or otherwise, that, having regard to the location of such land, the pur- • pose for which such land is being or is proposed to be used and such other relevant factors as the circumstances of the ease may reQuire, it is necessary or expedient irI the public interest so to do, that Gov- ernient may, by order, exempt, ,subject to such conditions, if any, as may be specified in the order, such vacant land tram the provisions of this Chapter;

(b) where any person ho!ds wee nt land in ex cess of tit ceiling limit and the State Govcrnm•_nt, either on its own mothor. or other- wise, is satisfied that the app1ic‹n.*ion of the provisoons of this Chapter would cause undue hardship to stich person, that Government may. by order, exempt, subject to such conditions, it any, as may be speci fled in the order, suchia cani landI rorri the provisiords oT His Chapter:

Provided that no order under this clause shall be made unless the reasons for doiny so are recorded in writing.

(?) lf at any time the Stnte Government is satisfied tb.at any of the ccnditions subject to which any exemption under clause (o) r›r clause

(b) of sub-section (I) is granted is not complied with by anv person, it shall be competent for the State Government to withdraw, by order, such cxemption after givinga i'easonab1e opportunity to such person for makinga repiesentation against the proposed ›vithdra›val and thereupon IN.e proc isions of this Chapter shall apply accordingly.

21. (7) Notwithstanding anything contained in any or the foregoing pro•cisions of this Chapter, wherea personh olds and vacant 1:ind in excess of the ceiling limit and such person declares within such time, in such form and in such manner asmay be prescribed before the competent authority that such land isto be utilised for the construction of diveIIing units (each such dwelling unit having a plinth area not exceedin eiqhty square mctres'i for the accommodation of the weaker sectiors of the society. in a ccordarire with any schemea pp oved by such author*iv as US State Gov- errrmenti na y, ley no liftedtion in *he Gfficial C',azette, sp* cif› in this behalf. then, the competent authority may, after making such incuir›• as it deems lit, ricclare such land not to be excess land for *he purposesrI this Chap- , terand permit such person to ccntinue to no1d such land for the aforesaid p urpose, subject to such terms and conditions as may be prescribed, in- ciuding a condition as to the *ime limit within which such Jouildings are to be constructed.

(2) Where any person contravenes any of the conditions subject to which the permission has been granted under sub-section (I), the com- petent authority shall, by order, and after giving such person an opportu- nity of being heard, declare such land to be excess land and thereupon allthe provisions of this Chapter shell apply accordingly. i8

Urban Land (Ceiling and Regulation) [ACT 33 power of attorney or partly in one of the said capacities and partly in any other of the said capacity or capacities.

power to 20. (1) Notwithstanding anything contained in any of the foregoing e empt, provisions of this Chapter,-

(a) where any person holds vacant land in excess of the ceiling limit and the State Government is satisfied, either on its own motion or otherwise, that, having regard to the location of such land, the pur- pose for which such land is being or is proposed to be used and such other relevant factors as the circumstances of the case may require, it is necessary or expedient in the public interest so to do, that Gov- ernment may, by order, exempt, subject to such conditions, if any, as may be specified in the order, such vacant land from the provisions of this Chapter;

(b) where any person holds vacant land in excess of the ceiling limit and the State Government, either on its own motion or other- wise, is satisfied that the application of the provisions of this Chapter would cause undue hardship to such person, that Government may. by order, exempt, subject to such conditions, if any, as may be speci- fied in the order, such vacant land from the provisions of this Chapter:

Provided that no order under this clause shall he made unless the reasons for doing so are recorded in writing.

(2) if at any time the State Government is satisfied that any of the conditions subject to which any exemption under clause (a) or clause

(b) of sub-section (1) is granted is not complied with by any person, it shall be competent for the State Government to withdraw, by order, such exemption after giving a reasonable opportunity to such person for making a representation against the proposed withdrawal and thereupon the provisions of this Chapter shall apply accordingly.

Excess

vacant land not to be

treated as excess in

certain cases.

21. (1) Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where a person holds any vacant land in excess of the ceiling limit and such person declares within such time, in such form and in such manner as

may be prescribed before the competent authority that such land is to be utilised for the construction of dwelling units (each such dwelling unit having a plinth area not exceeding eighty square metres) for the accommodation of the weaker sections of the society, in accordance with any scheme approved by such authority as the State Gov- ernment may, by notification in the Official Gazette, specify in this behalf, then, the competent authority may, after making such inquiry as it deems fit, declare such land not to be excess land for the purposes of this Chap- ter and permit such person to continue. to hold such land for the aforesaid purpose, subject to such terms and conditions as may be prescribed, in- cluding a condition as to the time limit within which such buildings are to be constructed.

(2) Where any person

contravenes any of the conditions subject to w ich the permission has been

granted under sub-section (1), the com-

pe ent authority shall

, by order, and after giving such person an opportu- nity of being heard, declare

such land to be excess land

and thereupon

all the provisions of this Chapter shall apply accordingly.

W

18

or l9T6] Urba» Long (Ceiling and Regultttion) ig

22. (1j Notwithstanding anything contained in any of the foregoing provisions of this Chapter, where any person demolishes any building on any land held by him or any such building is destroyed or demolished solely due to natural causes and beyond the control of human agency and asa consequence thereof, in either case, the lrnd on which such build- ing has been constructed becomes vacant land and the aggregate of the extent oJ'

by him

such land and the extent or any other vacant loud held exceeds the ceiling limit, then, he shall, within three months from the date of such demolition or destruction file a statementb sfore the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed, of all the vacant lands held by him. ,

(2 Where, on receipt ofa statement under sub-section (I) and after such inquiry as the competent authority may deem fit to make, the competent authority is satisned that the land which has become vacant land is required by the holder for the purpose of redevelopment in accord- ance with the master plan, such authority may, subject to such conditions and restrictions as it may deem fit to impose, permit the holder to retain such land in excess of the ce:ling limit for such purpose and where the competent authority is not so satisfied and does not so permit, the provi- sions ot sections 6 to 14 (both' inclusive) shall, so far as may be, apply to the statement filed under sub-section (11 and to the vacant land held by trch person in excess of the ceiling limit.

23. (1) It shall be competent for the State Government to allot, by order, in excess of the ceiling limit any vacant land which is deemed to have been acquired by the State Government under this Act or is acquir- ed by the State Government under any other law, to any person for any purpose relating to, or in connection with, any industry or for providing residential accommodation of such type as may be approved by the State Government tothe employees of any industry and it shall be lawful for such personI hold such land in excess ot the ceiling limit. Ezpianation.—For the purposes of this section,—

(a) where any land witha building has been acquired by the State Government under any other law and such building has been subsequently demolished by the State Government, then, such land shall be deemed to be vacant land acquired under such other laW;

(6) "industry" means any business, profession, trade, undertaking or manufacture.

(f) In making an order of Government may impose such £tlIotment under sub-section t I), the State conditions as may be specified therein in- cludinga condition as to the period put in operation or, as the case may shall be provided for:

within which the industry shall be Provided that iI, on a representation be, the residential accommodation made inthis behalf by theallottee, the State Government is satisfied that the allottee could not put the indus- try in operation, or provide the residential

period specified in the order of atlotment,

reason, the State Government may extend

period or periods as it may deem fit.

accommodation, within the

for any good and sufficient

such period to such further

(3) Where any condition imposed in an order plied with by the allottee,

opportunity to the allottee

with effect trom the date

of allotment is nOt COW-

the State Government shall, after gio»g tobe heard in the matter,

of the Eton-compliance of

cancel the allotmeTlt

such condition afld

Pte tentio•'

ofv acant

land uriner

certain

circum-

stances.

tlne Act.

OF 1976] r n a d (C iling

and Regulation) 19

22. (1) ot ithstanding anything contained in any of the foregoing

visi s th s C t r ,

where any person demolishes any building on

any land held by him or any such building is destroyed or demolished

solely due to natural causes and beyond the control of human agency a co eq th ,

in either case ,

the lend on which such build-

ing has been constructed beco es vacant land and the aggregate of the extent of s ch land and the extent of any t er acant lan held by hi exceeds t e ceili li it, the , he shall, within three

onths fro t e date of such demolition or destructio file

a statement before the competent authority having jurisdiction specifying the location, value and such other particulars as may be prescribed, of ll the vac t lands held by him.

(2) W er ,

on receipt of a statement under sub-section ( 1) and after

such inquiry as the competent authority may deem fit to make, the co petent authority is satisfied that the land which has become vacant land is required by the holder for the purpose of redevelopment in accord- ance ith the master plan, such authority may, subject to such conditions and restrictions as it may deem fit to impose, per it the holder to retain such land in excess of the ceiling limit for such purpose and where the co petent authority is not so satisfied and does not so per it, the provi-

sio of sectio to 14 (bot inclusive )

shall, so far as may be, apply

to the stateme t filed u er su -secti ( ) a to the vaca t land held b such person

in excess of the ceiling limit.

23. (1) It shall be competent for the State Government to allot, by

or er ,

in excess of the ceiling limit any vacant land which is deemed to have been acquired by the State Government under this Act or is acquir- ed by the State Government under any other law, to any person for any p r ose relating to, or in con ection ith, any

industry or for providing

residential acco odation of such type as ay be approved by the State overn ent to the e ployees of any industry and it shall be lawful for

such person to hold such land in excess of the ceiling limit.

Explanation.-For the purposes of this section,-

(a) where any

land with a building has been acquired by the State Govern ent under any other law and such building has been subsequently de olished by the State Govern ent, then, such land shall be deemed to be vacant land acquired under such other law;

(b) "industry"

means any business , profession ,trade, undertaking

or m f t r .

(2) In m ing an order of allotment under sub-section (1), the State G rn t m impose such conditions as may be specified therein in- cluding con itio as to the period within which the industry shall be

put in operation or, as the case may be, the residential accommodation

shall be provided for:

Provided that if ,o representation made in this behalf by the allottee,

the State Government is satisfied

that the allottee could not put the indus-

try in operation , or provide the residential accommodation, within the period specified in the order of allotment ,for any good and sufficient reason , the State Governm m extend such period to such further period or periods as it may deem fit.

(3) Where any condition imposed in an order of allotment is not com- plied with by the allottee ,the State Government shall ,after giving an op o tu ity to the allotte to be heard in the matter ,cancel the allotment with effect from the date of the non-compliance of such condition and

Retention

of vacant

land under

certain circum- stances.

Disposal of

vacant land

acquired under

the Act,

19

Specal '''.- regara ing disposal ofvacant 4 ands in favour of certain persons. tion.

2c

Urbon Land (Ceiling and Regulation) [ ct 33 the land allotted shall revest in the State Government free from allen- cumbrances.

(4) Subject to the provisions of sub-sections (i), (2) and (3). all vacant lands deemed to have been acquired by the State Government under this Act shall be disposed of by the State Government to subserve the common good on such terms and conditions as the State Government may deem fit to impose.

(5) Notwithstanding anything contained in sub-sections (1) to (4), where the State Government is satisfied that it is necessary to retain or reserve any vacant land, deemed to have been acquired by that Govern- ment under this Act, 1or the benefit of the public, it shall be competent for the State Government to retain or reserve such land for the same.

24. (1) Notwithstanding anything contained in section 23, where any person, being the owner ofany vacant land, had leased out or mortgaged with possession such land or had given possession of such land undera hire-purchase agreement to any other person and asa consequence there- of he has no vacant land in hispossession or has vacant land in his posses- sion less in extent than the ceiling limit, and where the land so leased or mortgaged oz given possession or is deemed tohave been acquired by the State Government under this Chapter, then, such person shall be entitled to make an application to the State Government in such form and con- taining such particulars as may be prescribed withina period of three months from the date of such acquisition for the assignment to him,— (o)ina case where he has no land in his possession, of so much exrem ofland as isnot in excess of the ceiling limit; or

(b) in a case where he has land in his possession less in extent than the ceiling limit, of so much extent of land as is required to make up thedeficiency:

Provided that nothing in this sub-section shall be deemed to entitlea person forthe assignment ofland in excess of the extent of the land leased or rnortgaged with possession or given possession undera hire-purchase a greement as aforesaid by such person.

(2) On receipt of an application under ernment shall, after making such inquiry to such person on parent ofan amount been paid by the State Got ernment for land to be assigned.

tub-section (1). the State Gov- as it deems fit, assign such land equal to the amount which has the acQuisition of the extent of

CHAPTER IV

REGULATION 0F TRANS 'ER AND UBE OF URBAN PROPERTY 25.Inthis Chapter, "plinth area", in relation to—

(i) a dwelling unit ina building consisting of means thearea of the dwelling unit at the fioor level thickness of the outer walls thereof; only one floor,

and includes the

(ii) a dwe!I ing unit ina building consisting of two or more

BOOTS,

means the area of the dwelling unit at the II oor level where the

dwelling unit is proposed to be situated and includes the thickness of the outer walls thereof and the proportionate area intended for and commcn service facility at the floor level aforesaid. ggpla'riettoii.—For the purposes of

facility", shall have the same meaning

âylanotion. below sub-section (3) of

this clause. "common service

as in sub-clause (ii) of the

section 4.

Special

pro-

visions

reg rding

disposal

of vacant

lands in

favour of

certain

persons.

IIefmi-

tion.

0 Urban Land (Ceiling and Regulation) [ACT 33 the land allotted shall revest in the State Government free from all en- cu brances.

(4) Subject to the provisions of sub-sections (1), (2) and (3), all vacant lands deemed to have been acquired by the State Government under this Act shall be disposed of by the State Government to subserve the common good on such terms and conditions as the State Government may dee fit to i pose.

(5) Notwithstanding anything contained in sub-sections (1) to (4), where the State Government is satisfied that it is necessary to retain or reserve any vacant land, deemed to have been acquired by that Govern- ment under this Act, for the benefit of the public, it shall be competent for the State Government to retain or reserve such land for the same.

24. (1) Notwithstanding anything contained in section 23, where any person, being the owner of any vacant land, had leased out or mortgaged with possession such land or had given possession of such land under a hire-purchase agreement to any other person and as a consequence there- of he has no vacant land in his possession or has vacant land in his posses- sion less in extent than the ceiling limit, and where the land so leased or mortgaged or given possession of is deemed to have been acquired by the State Government under this Chapter, then, such person shall be entitled to make an application to the State Government in such form and con- taining such particulars as may be prescribed within a period of three months from the date of such acquisition for the assignment to him,-

(a) in a case where he has no land in his possession, of so much extent of land as is not in excess of the ceiling limit; or

(b) in a case where he has land in his possession less in extent than the ceiling limit, of so much extent of land as is required to make up the deficiency:

Provided that nothing in this sub-section shall be deemed to entitle a person for the assignment of land in excess of the extent of the land leased or mortgaged with possession or given possession under a hire-purchase agreement as aforesaid by such person.

(2) On receipt of an application under sub-section (1), the State Gov- ernment shall, after making such inquiry as it deems fit, assign such land to such person on payment of an amount equal to the amount which has been paid by the State Government for the acquisition of the extent of land to be assigned.

CHAPTER IV

REGULATION OF TRANSFER AND USE OF URBAN PROPERTY

25. In this Chapter, "plinth area", in relation to-

(i) a dwelling unit in a building consisting of only one floor,. means the area of the dwelling unit at the floor level and includes the thickness of the outer walls thereof;

(ii) a dwelling unit in a building consisting of two or more floors, means the area of the dwelling unit at the floor level where the dwelling unit is proposed to be situated and includes the thickness of the outer walls thereof and the proportionate area intended for any common service facility at the floor level aforesaid. Explanation.-For the purposes of this clause. "co mon service facility", shall have the same meaning as in sub-clause (ii) of the Explanation below sub-section (3) of section 4.

Y

20

1O#1894. 1 of1894. Or 197ñ] Urbatt bond (Ceiling otid fteguletioa) 11

26. (i) Notwithstanding anything contained in any other law for the time being in force, no person holding vacant land within the ceiling limit shall transfer such land by way of sale, mortgage, gift, lease or other- wise except after giving notice in writing of the intended transfer to the competent authority.

(2) Wherea notice given under sub-section (1} is for the transfer of the land by way of sale, the competent authority shall have the first option to purchase such land on behalf of the State Government ata price calculated in accordance with the provisions of the Land Acquisition Aet, 1894 or ot any other corresponding IaW for the time being in force and if such option is not exercised withina period of sixty days from the date of receipt of the notice, it shall be presumed that the competent authority has no intention to purchase such land on behalf of the State Government and it shall be lawtul for such person to transfer the land to q•homsoever he may like:

Provided that where the competent authorit exercises within the period aforesaid the option to purchase such land the execution of the sale deed shatl be completed and the payment ofthepurchase price there- of shall be made withina period of three months from the date on which such option is exercised.

(3) For the purpose of calculating the price of any vacant land under sub-section (2), it shall be deemed thata notification under sub-section

(1) of section4 of the I•and Acqi}isition Act, 1894 or under the relevant provision or any other correyonding law for the time being in force, had been issued for the acquisition of such vacant land on the date on which the notice was given under sub-section (1) of this section.

27. (I) Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of sub-section (3) of section5 and sub-section (4) of section 10, no person shall transfer by way of sate, mortgage, gift, lease fora period exceeding ten years, or otherwise, any urban or urbanisable land witha building (whether con- structed before or after the commencement ofthis Act) ora portion only of such building fora period of ten years of such commencement orfrom thedate on which the bUilding is constructed, whichever is later, except with the previous permission in writing of the competent authority. tt) Any person desiring to makea transfer referred to in sub-section (i), may make an ai plication in writing to the competent authority in such form and in such manner asmay be prescribed.

(3) On receipt of an application under sub-section (2), the competent authority may, after making such inquiry as it deems fit, by order in writing, grant or refuse to grant the permission applied for:

Provided that the competent authority shall not retuse to grant the permission applied for unless it has recorded in writing the reasons for doing so anda copy of the same hasbeen communicated tothe applicant.

(4) Where withina period of sixty days of the date of receipt ot an application under this section the competent authority does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted the permission applied for.

(â) (d) Where thepermission applied for is for the transfer of the land with the building or, as the case may be.a portion only of such Notice

to be

given

before

transfer

of vacant

lands.

Prohibi-

tion on

transfer

urban

property.

OF 1976] Urban Land (Ceiling and Regulation) 21

26. (1) Notwithstanding anything contained in any other law for the time being in force, no person holding vacant land within the ceiling limit shall transfer such land by way of sale, mortgage, gift, lease or other- wise except after giving notice in writing of the intended transfer to the co petent authority.

(2) Where a notice given under sub-section (1) is for the transfer of the land by way of sale, the competent authority shall have the first option to purchase such land on behalf of the State Government at a price calculated in accordance with the provisions of the Land Acquisition t of 1894. Act, 1894 or of any other corresponding law for the time being in force and if such option is not exercised within a period of sixty days from the date of receipt of the notice, it shall be presumed that the competent authority has no intention to purchase such land on behalf of the State Government and it shall be lawful for such person to transfer the land to whomsoever he may like:

Provided that where the competent authority exercises within the period aforesaid the option to purchase such land the execution of the sale deed shall be completed and the payment of the purchase price there- of shall be made within a period of three months from the date on which such option is exercised.

(3) For the purpose of calculating the price of any vacant land under sub-section (2), it shall be deemed that a notification under sub-section 1 of 1894. (1) of section 4 of the Land Acquisition Act, 1894 or under the relevant provision of any other corresponding law for the time being in force, had been issued for the acquisition of such vacant land on the date on which the notice was given under sub-section (1) of this section.

27. (1) Notwithstanding anything contained in any other law for the time being in force, but subject to the provisions of sub-section (3) of section 5 and sub-section (4) of section 10, no person shall transfer by way of sale, mortgage, gift, lease for a period exceeding ten years, or otherwise, any urban or urbanisable land with a building (whether con- structed before or after the commencement of this Act) or a portion only of such building for a period of ten years of such commencement or from the date on which the building is constructed, whichever is later, except with the previous permission in writing of the competent authority.

(2) Any person desiring to make a transfer referred to in sub-section (1), may make an application in writing to the competent authority in such form and in such manner as may be prescribed.

(3) On receipt of an application under sub-section (2), the competent authority may, after making such inquiry as it deems fit, by order in writing, grant or refuse to grant the permission applied for:

Provided that the competent authority shall not refuse to grant the permission applied for unless it has recorded in writing the reasons for doing so and a copy of the same has been communicated to the applicant.

(4) Where within a period of sixty days of the date of receipt of an application under this section the competent authority does not refuse to grant the permission applied for or does not communicate the refusal to the applicant, the competent authority shall be deemed to have granted the permission applied for.

(5) (a) Where the permission applied for is for the transfer of the land with the building or, as the case may be, a portion only of such Notice

to be

given before transfer of vacant

lands.

Prohibi- tion on transfer

of

urban property.

21

Um oI registra- trcen L0 d (Cei ng end AegvTeton) building referred to in sub-section (1) by way of sale, and thc competent uthority is of the opinion that such permission may be granted, then, the competent authority shall have the first option to purchase such land with building ora portion only of such building on behalf of the State G overnmeni at such price as may be agreed upon between the competent authority and the applicant or, ina case where there is no such agree- ment, at such price calculated in accordance with the proc isions or the Land Acquisition Act, 1894 or of any other corresponding law for the time being in force.

(b) If the option referred to in clause (o) is not exercised ii ithin a period of sixty days from the date of receipt or the application under this section, it shall be presumed that the competent authority has no inteniion to purchase such land v.ith building ora por t'on onlyo such building on behalt of the State Government and it shall be lawtul for such pe:son to transfer the land tti w'honisoever he may like:

Provided that where the comp.stent authority exercises within the -p err od adoresa id the option to purchase such land psitn b u ils ing or a por- tion only of such building, the execution o1 the sale deed shall b com- pieted and the payment oT the purchase jriee thereof shall be made

•v'itftin a period o1 three months from the date on whicli such option is exercised.

(6) For the purpose of calculating the price or the land and building OT, as the case may be,a portion only of such building under clause (o) or sub-section (5), it shall Ice deerried tb.ata notification under sub-sec- tion (1j of secton4 of the Land Acquisition Act, 1894 or under the re- levant provision of any other corresponding lady for the tin:e oei.rig in force, had been issued for the acqtlisition of that land and building or, as the case may be,a portion only of such building on the date on which the application was made under sub-section (2).

25. Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions or clauses (o) to (e) of sub-section (2) o1 s.•--t1on 17 of the Ttegistration Act, 1908, purports to transfer by way of sale, mortgage, gift, lease or otherwise any land or a:iy building (including any portion thereof) ,—

(n) in the case of any transfer referred to in section 26, no registering officer appointed under *!aat Act shall register any such document unless the transferor p.oduccs betore such re istering officer evidence to show that he has ,given notice of the intended transfer to the competent authority ‹meter that section and, where such transfer is by way of sale, the period of sixty days referred to in sub-section (2) of that section has elapsed;

(b) in the case of any transfer referred to in section 27, no registering officer appointed under that Act snail regis*er any such document unless tire transferor produces before such registering officer the permission in writing of the competent authorit5• for such transfer or satisfies the registering officer that the period of sixty days referred to in sub-section (4) of that section has elapsed. lofl894

\6 of 1900

2a Urban Land(Ceiling

and Regulation) [ACT 33 building referred to in sub-section (1) by ay of sale, and the co petent authority is of the opinion that such per ission ay be granted, then, the co petent authority shall have the first option to purchase such land ith building or a portion only of such building on behalf of the State Govern ent at such price as ay be agreed upon bet een the co petent authority and the applicant or, in a case here there is no such agree- ent, at such price calculated in accordance ith the provisions of the land cquisition ct, 1894 or of any other corresponding law for the I of 1894

ti e ei i f r . Begala-

tion of

registra-

tion of documents in certain

:uses.

(b) If the option referred to in clause (a) is not exercised within a period of sixty days fro the date of receipt of the application under ,his section, it shall be presu ed that the co petent authority has no intention to purchase such land with building or a portion only of such building on behalf of the State overnment and it shall be la ful for such person to transfer the land to homsoever he ay like:

Provided that where the competent authority exercises within the period aforesaid the option to purchase such land with building or a por- tion only of such building, the execution of the sale deed shall h com- pleted and the payment of the purchase price thereof shall be made within a period of three months from the date on which such option is exercised.

(6) For the purpose of calculating the price of the land and building or, as the case may be, a portion only of such building under clause (a) of sub-section (5), it shall be deemed that a notification under sub-sec- tion ( 1) of section 4 of the Land Acquisition Act, 1894 or under the re- levant provision of any other corresponding law for the time being in force, had been issued for the acquisition of that land and building or, as the case may be, a portion only of such building on the date on which the application was made under sub-section (2).

I of 1894.

28. Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clauses

( a) to (e ) of sub-section (1) of section 17 of the Registration Act, 1908, purports to transfer by way of sale, mortgage, gift,

16 of 1908

lease or otherwise any land or any building (including any portion th reof),-

(a) in the case of any transfer referred to in section 26, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer evidence to show that he has given notice of the intended transfer to the competent authority under that section and, where such transfer is by way of sale, the period of sixty days referred to in sub-section (2) of that section has elapsed;

(b) in the case of any transfer referred to in section 27, no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer the permission in writing of the competent authority for such transfer or satisfies the registering officer that the period of sixty days referred to in sub-section (4) of that section has elapsed.

t

r

OF 1976] Urben Lend (Ceittrtg and Regulation) 2]

29. No person shall construct any building with a dwelling unit havinga plinth area,—

(a) \vhere the building proposed to be constructed is situated in an urban agglomeration falling within category A or category B specified in Schedule I, in excess o1 three hundred square metres;

(b) where the building proposed to be constructed is situated in an urban agglomeration halting within category C or category D specified in Schedule I, in excess of five hundred square metres. 3i). (1) Where theconstruction ofa building has been commenced on or after the commencement of this Act, and is carried on and completed in contravention of the provisions of section 29, the competent authority having jurisdiction over the area in which the building is situated may make an order directing that such construction shall be demolished, either wholly or partly, or modified by the person at whose instance the construction has been commenced and isbeing carried on and completed, to the extent such demolition or modification does not contravene the provisions of that section, within such period trot being less than fifteen da3's and more than thirty days from the date on whicha copy of the order of demolition with a brief statement of the reasons tl•erefor has been delivered to that person) as may be zyeeihed in the order for the dem ofition or modification:

Provided that no order for the demolition or modification shaI1 be made unless the person has been given by means ota notice served in such manner as thecompetent authority may think fit,a reasonable op- portunity of showing cause why such order shall not be made:

Provided further that, where theconstruction has not been completed, the competent authority may, by the same order or by a separate order, whether made atthetime of the issue of the notice under the first pro- viso or at any other time, direct the person to stop the construction until the expiry of the period within which an appeal against the order tor the demolition or modification, if made, may be preferred under sub- section (2).

(?) Any person aggrieved by an order of the competent authority made under sub-section (J) may prefer an appeal against the order to the Tri- bunal having jurisdiction over the area in which the building is situated within the period specified in the order for the demolition or modifica- tion of the construction to \vhich it relates.

(3 Where an appeal is preferred under sub-section (P) against the order for the demolition or modification, the Tribunal may stay the en- forcement of that or5er on such terms, if any, and for such period, as it may thi ftk fit:

Provided that, where the construction of any building has not been completed at the time o1 the making of the order for the demolition or modification, no order staying the enforcement of the order for the de- molition or modification shall be made by theTribunal unless security, sufficient in the opinion of the Tribunal, has been gixen by the appellant for not proceeding with such construction pending the disposal of the appeal.

Regu.

lation of

construc-

tion

o:I

buildings

with

dwelling

DemoiGon

andstop-

page of

buildings

in certain

cases and

appeal.

OF 1976] Urban Land

(Ceiling and

Regulation) 23

29. No person shall construct any building with a dwelling unit having a plinth area,-

(a) where the building proposed to be constructed is situated in an urban agglomeration falling within category A or category B specified in Schedule I, in excess

of three hundred square metres;

(b) where the building proposed to be constructed is situated in an urban agglomeration falling within category C or category D specified in Schedule

I, in excess of five hundred square metres.

39. (1) Where the construction of a building has been commenced on or after the commencement of this Act, and is carried on and completed in contravention of the provisions of section 29, the competent authority having jurisdiction over the area in which the building is situated may make an order directing that such construction shall be demolished, either wholly or partly, or modified by the person at whose instance the construction has been commenced and is being carried on and completed, to the extent such demolition or modification does not contravene the provisions of that section, within such period (not being less than fifteen days and more than thirty days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order for the demolition or modification:

Provided that no order for the demolition or modification shall be made unless the person has been given by means of a notice served in such manner as the competent authority may think fit, a reasonable op- portunity of showing cause why such order shall not be made:

Provided further that, where the construction has not been completed, the competent authority may, by the same order or by a separate order, whether made at the time of the issue of the notice under the first pro- viso or at any other time, direct the person to stop the construction until the expiry of the period within which an appeal against the order for the demolition or modification, if made, may be preferred under sub- section (2).

(2) Any person aggrieved by an order of the competent authority made under sub-section (1) may

prefer an appeal against the order to the Tri- bunal having jurisdiction over the area in which the building is situated within the period specified in the order for the demolition or modifica- tion of the construction to which, it relates.

(3) Where an appeal is preferred under sub-section (2) against the order for the demolition or modification, the Tribunal may stay the en- forcement of that order on such terms, if any, and for such period, as it may think fit:

Provided that, where the construction of any building has not been completed at the time of the making of the order for the demolition or modification, no order staying the enforcement of the order for the de- molition or modification shall be made by the Tribunal unless security, sufficient in the opinion of the Tribunal, has been given by the appellant for not proceeding with such construction pending the disposal of the appeal.

Regu-

lation of construc- tion

of

buildings with

dwelling units.

Demolition and stop- page of

buildings

in certai cases and appeal.

23

Powers OÎ

aompetent author,y. {ÏOII Of competent authorities and

Tribunals in special cases.

2]

(4) The provisions of sub-section (5) of section 12 and of section 13 shall apply to or in relation to an appeal preferred under sub-section (f) as they apply to or in relation to an appeal preferred under sub-section ( j of section 12.

(5) Save as ptovided in this section, no court shall entertain any sui:, application or other proceeding tor injunction or other re1iel against the › competent authority to restrain him Jrom taking any action or maxim anyorder in pursuance of the provisions of this section.

16) \\'here no appeal has been preferred against an order tor the derriolition or modification made by thecompetent authority under sub- section (1), or where an order for the demolition or modification made by the competent authority under that sub-section has been confirmed ' on appeal, whether with or without variation, the person against whom theorder has been made shall comply with the order within the period specified therein, or, as the case may be, within the period, if any, ' fixed by the Tribunal or the High Court on appeal and on the failure of the person to comply with the order Within such period, the com petent authority may himself cause the construction to which the order relates to be demolished or modified and the expenses of such demoli- tion or modification Shall be recoverable from such person as an ar rear of land revenue.

CHAPTER V

M*SCELLANEOU$ 31.The competent authority shall have allthepowers ofa civil court, while tryinga suit under the Code ofCivil Procedure, 1508, in respect of 'he following matters, namely: —

(nlsummoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document; (c)receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof trom any court or otfice;

(e) issuing commissions for the examination of witnesses or documents; and .

(J) any other matter which may be prescribed.

32. Where under sub-section (P) or sub-section (I) of section 7, the State Government or theCentral Government, as the case may be, deter- mines the competent authority or where, for the reason that the extent of the vacant land situated within the jurisdiction of two or more Tribunals , is equal, an appeal has been preferred to any one of the Tribunals under sub-section (4) of section 12, then, such competent authority or "tribunal, as the case may be, shall, notwithstanding that any portion of the vacant land to which the proceedings before the Competent authority or the appeal before the T'ribuna1 relates, is not situated within the area of its jurisdiction, exercise all the powers and functions of the competent authority or Tribunal, as the case may be, having jurisdiction over such portion of the vacant land under this Act in relation to such proceedings or appeal.

5o1,u08.

Powers

of

comp tent authority. Jurisdic- tion of

competent

authorities

and

Tribunals in special

cases.

4 Urban Land(Ceiling and Regulation) [ACT 33

(4) The provisions of sub-section

(5) of section 12 and of section 13

shall apply to or

in relation to an appeal preferred under sub-section (2) as they apply to or in relation to an appeal preferred under sub-section

(4) of section 12.

(5) Save as provided in this section, no court shall entertain any suit, application or other proceeding for injunction or other relief against the competent authority to restrain him from taking any action or making any order in pursuance of the provisions of this section.

(6) Where no appeal

has been preferred against an

order for the demolition or modification

made by the competent authority under sub-

section

(1), or where an order

for the demolition or modification made by the competent authority under that sub-section has been confirmed

on appeal,

whether with or without variation, the person against whom the order has been made

shall comply with the order within the period specified therein, or, as

the case may be, within the period, if any,

fixed by the Tribunal or the High Court on appeal and on the failure of the person to comply with the order within such period, the com- petent authority may himself cause the construction to which the order relates to be demolished or modified and the expenses

of such demoli- tion or modification shall be recoverable from such person as an arrear of land revenue.

CHAPTER V

MISCELLANEOUS

31. The competent authority shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, in respect of The following matters, namely:-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents; and

(f) any other matter which may be prescribed.

32. Where under sub-section (2) or sub-section (3) of section 7, the State Government or the Central Government, as the case may be, deter- mines the competent authority or where, for the reason that the extent of the vacant land situated within the jurisdiction of two or more Tribunals is equal, an appeal has been preferred to any one of the Tribunals under sub-section (4) of section 12, then, such competent authority or Tribunal, as the case may be, shall, notwithstanding that any portion of the vacant land to which the proceedings before the competent authority

or the appeal before the

Tribunal relates ,is not situated within the area

of its jurisdiction, exercise all the powers and functions of the competent authority or Tribunal, as the case may be, having jurisdiction over such portion of the vacant land under this Act in relation to such proceedings or appeal.

5 of i'r08.

0

S

24

oz 1976] Urbati Land (Ceiling and Regulation) z5 33.(I)Any person aggrieved by an order made by thecompetent authority under this Act, not being an order under section 11 or an order under sub-section (1) of section 30, may, within thirty-days of the date on which the order is communicated to him, prefer an appeal. to such authority as may be prescribed (hereafter in this section referred to as the appellate authority):

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate au- thority shall, after giving the appellant an opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.

(I) Every order passed by the appellate authority under this section shall be final.

34. The State Government may, on itsown motion, call ter and examine the records of any order passed or proceeding taken under the provisions ot this Act and against which no appeal has been pre- ferred under section 12 or section 30 or section 33 lor the purpose of satisfying itself as to the legality or pmpriety of such order or as to the regularity of such procedure and pass such order with Tespect there- to as it may think fit:

Provided that no such order shall be made except atter giving the person affecteda reasonable opportunity of being heard in the matter. US. The State Government may issue such orders and directions of a general ch,aracter as it may consider necessary in respect of any matter relating to the powers and duties of the competent authority and thereupon the competent authority shall give effect to such orders and directions.

3$. (I} The Central Government may give such directions to any State Government as may appear to the Central GoveTnment tu be necessary for carrying into execution in the State any of the provisions ot this Act or of any rule made thereunder.

{P) The Central Government may require any State Government to furnish such returns, statistics, accounts and other information, as may be deemed necessary.

Tf. The competent authority shall furr'.ish to the State Government concernedsuch returns, statistics, accounts and other information as the state coveJ•nment may, from time to time, require. Appeal

Rev\soa

by Stae

Govern.

meet

Power

ofState

MOV-

ernment

to issue

orders

and

direction

to the

competent

authority.

Power to

giveoirec.

Gonsto

State

eynment.

Returns

reports.

OF 1976] rban Land

(Ceiling and

egulation) 25

33. (1) Any person aggrieved by an order ade by the

competent

r th being an order under section 11 or an

order under sub-section (1) of section

30, may, within thirty-days of the date on which the order is communicated to him, prefer an appeal . to

such authority as may be prescribed (hereafter in this section referred to as the appellate authority):

Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) On receipt of an appeal under sub-section (1), the appellate au- thority shall, after giving the appellant an opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.

(3) Every order passed by the appellate authority under this section shall be final.

34. The State Government may, on its own motion ,

call for and

examine the records of any order passed or proceeding taken under the provisions of this Act and against which no appeal has been pre- ferred under section 12 or section 30 or section 33 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of such procedure and pass such order with respect there- to as it may think fit:

Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.

35. The State Government

may issue such orders and directions of a general character as it may consider necessary in respect of any matter relating to the powers and duties of the competent authority and thereupon the competent authority shall give effect to such orders and directions.

36. (1) The Central Government

may give such directions to any

State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule made thereunder.

(2) The Central Government may require any State Government to furnish such returns, statistics, accounts and other information, as may be deemed necessary.

M. The competent

authority

shall furnish to the State Government

concerned such returns, statistics, accounts and other information as the State Government may, from time to time, require.

AppeaL

Revision

by State Govern- ment.

Power

of State Gov-

ernment to issue orders and

directions to the

competent authority. Power to give airec. tions to State

Gov-

ernment. Returns

and reports.

25

Oflences and

punish- ments. Oll'cnces bJ' eo m panies. I ndemnitJ. o.

z6 Arbor Lord (Ceiling and {teguTotiott)

38. (1) It any person who is under an obligation to filea statement under this Act fails, without reasonable cause or excuse, to file the state- ment within the time specified for the purpose, he shall be punishable with imprisonment fora term which may extend to two years or with fins which may extend to five thousand rupees or with both.

(2) If any person who, having been convicted under sub-section (2, continues toI aiI, without reasonable cause or excuse, to file the state ment, he shall be punishable with fine which may extend to five hun- dred rupees for every day during which such contravention contin new after conviction for the first such contravention.

(S) 11 any person who is under an obligation to filea statement under this Act filesa statement which he knows or hasreasonable belief to be false, he shall be punishable with imprisonment fora term which may "

extend tO two years or With fine which may extend to one thousan rupees or with both.

(4) If any person contravenes any of the provisions of this Act tor which no penalty has been expressly provided for, he shall be punish- able with imprisonment fora term which may extend to two years or with fine which may extend to one thousand rupees or with both.

39. (1) Where an of'fence under this .Act has been committcd by a con; nany every person Who, at the time the offence v•'as committed, was in charge of, and was responsible to, the Company for!8£• CODdU5t of the business of the company as well as the company, shall be deemed to be guilty of t{ye offence and shall be liable to be proceeded a gains:

and punished accordingly:

Provided that nothing contained in this sub-section shaI1 render any such person liable to any punishment, if he proves that the offence was committed Without his knowledge or that he exercise3 all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (I), Where an offence under this Act has been committed bya company and it is proved that the offence has been committed With the consent or conni- i ance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, mana- ger, secretary or otherofn cer shall also be deemed tobe guilty of tha:

offence and shall be liable to be proceeded against and punished accord- ingly

f''zplanotion.—For the purposes ot this section,—

(a) "company" means any body corporate and includes a firm or other association ofindividuals: and

(b) "director", in relation toa firm, meansa partner in the firm. d0. No suit or other legal proceeding shall lie against the Govern- ment or any offieer of Government in respect of anything which is in goodI aith done or intended to be done by or unJer this Act. dl. No court shall take cognizance of any Offence punishable under zan°e this Act except on complaint in Writing made by the competent autho- rite or any officer authorised by the competent authority in this behalt and no ccurt inferior to that ofa Metropolitan Magistrate ora Judicial Magistrate of the first class shall try any such offence.

f nd punis - ents.

Offences by com-

panies.

26 Urban Land (Ceiling and Regulation) [Acr 33

38. (1) If any person who is under an obligation to file a statement under this Act fails ,without reasonable cause or excuse, to file the state-

ment within the time specified for the purpose, he shall be punishable with imprisonment for a

term which may extend to two years or with fine which may extend to five thousand rupees or with both.

(2) If any person who ,

having been convicted under sub - section (2)

continues to fail, without reasonable cause or excuse, to file the state- ment, he shall be punishable with fine which may extend to five hun- dred rupees for every day during which such contravention continues after conviction for the first such contravention.

(3) If any person who is under an obligation to file a statement under

this Act files a statement which he knows or has reasonable belief to be

false, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousan- rup es or ith oth.

(4) If any person contravenes any of the provisions of this Act for which no penalty has been expressly provided for, he shall be punish- able with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.

39. (1) here an offence under this

Act has been committed by a company every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct

of the business of the company as well as the company, shall be deemed

to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

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 co mission 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 conni- vance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, mana- ger, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accord- ingly.

Explanation.- For the purposes of this section,-

(a) "company"means any body corporate and includes a firm

or other association of individuals; and

(b) "director", in relation to a firm, means

a partner in the firm. Indemnity.

40. No suit or other legal proceeding shall lie against the Govern- ment or any officer of Government in respect of anything which is in good faith done or intended to be done by or under this Act.

Congni- 41. o urt

shall take cognizance of any offence punishable under zance this Act except on complaint in writing ade by the co petent autho- ol rite or any officer authorised by the competent authority in this behalf

offences ,and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any such offence. i

26

A5 ot 1860. oe 1970a Urbnn Land (Ceiling and Regtiletion)

°7

42. The provisions of this Act shall hive éifect notwithstanding any- Actto thing inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order ofa court, tribunal or other authority.

overod•

othe- laws.

43. Notwithstanding anything contained in the Court-fees Act, 1870 Corr--ices every application, appeal or other proceeding undet this Act shall bear a court-fee stamp of such value as may be prescribed.

44. Every o&cer acting under, or in pursuance of, the provisions of this Act or under the rules made thereunder shall be deemed to be a public servant Within the meaning of section 21 of the Indian Penal Certain

officers

to be

pubLc

Code. servani•

45. Clerical or arithmetica} mistakes in any order passed by any officer Correcti en or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or autho- rity either on his or its own motion or on an application received in this behalf from any of the parties.

of cterical

e -ro rs.

46. (I) The Central Government may, by notification in the Official Poz'er t'e Gazette, make rules for carrying out the provisions of this Act. {P) ln particular and without prejudice to the generality of the fore- going power, such rules may provide for all or any ot the following matters, namely:—

(a)the cultivation or growing of plant which will not be agri- culture under clause (Aj of the Ezplenotion to clause (o) of sec- tion 2;

(b) the period within which the statement may be filed under section 6;

(c) the form of intimation under sub-sections (2) and (3) of section 7;

(d) the particulars to be mentioned in the statement referred to in sub-section( 1) of section 6, sub-section (P) of section 8, sub-section

(1) of section 15 and sub-section (1) of section 16;

(e) the manner of serving the draft statement under sub-section

(3) ot section 8; ({) the manner ofpublishing the notification under Stlb-section (i) of sect'on 10;

(gj the time within which the competent authority shall dispose ofa case under sub-section (#) of section 11;

(b) the times during which the competent authority or any per- son acting under the orders of such authority may enter upon any vacant land under section 17;

(i) the time Within which and the form and the manner In z'hich a declaration under sub-section (1) of section 21 shall be made before the competent authority;

(j) the terms and conditions subject to whicha person permitted under sub-section (1) of section 21 may hold land in excess of the ceiling limit;

make

zuies.

7 of 1870.

4 of 1860.

f 6] Urban Land (Ceiling and Regulation) 27

42. The provisions of this Act shall have effect notwithstanding any-

thing inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority.

43. ot ithstanding anything containe in the Court-fees Act, 1870 every application, appeal or other proceeding under this ct shall bear a court-fee stamp of such value as may be prescribed.

44. very officer acting un er ,

or in pursuance of, the provisions of

this ct or under the rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal

45. Clerical or arithmetical istakes in any order passed by any officer

or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or autho- rity either on his or its own motion or on an application received in this behalf from any of the parties.

46. (1) The Central Government may, by notification in the Official Gazette, ake rules for carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the fore- going pow ,

such rules may provide for all or any of the following atters, a ely: -

(a) the cultivation or growing of plant which will not be agri-

culture under clause ( A) of the Explanation

to clause (o) of sec-

tion 2;

(b) the period within which

the statement may be filed under section 6;

(c) the

form of intimation under sub -sections ( 2) and (3) of

section 7;

(d) the particulars to be mentioned in the statement referred to

in sub-section (1) of section 6, sub-section (2) of section 8, sub-section

(1) of section 15 and sub-section (1) of section 16;

(e) the manner of serving the draft statement under sub-section

(3) of section 8;

(f) the manner of publishing the notification under sub-section (1) of section 10;

(g) the time within which the competent authority shall dispose of a case under sub-section (9) of section 11;

(h) the times during which the competent authority or any per- son acting under the orders of such authority may enter upon any vacant land under section 17;

(i) the time within which and the form and the manner in which a declaration under sub-section (1) of section 21 shall be made before the competent authority;

(j) the terms and conditions subject to which a person permitted under sub-section (1) of section 21 may hold land in excess of the ceiling limit;

Act to

override

other laws.

Court-fees,

Certain

officers

to be public

servants.

Correction of clerical errors.

Power to make

rules.

27

difficulties. FACT jj

(k) the particulars to be mentioned in the statement referred to in sub-section (1) of section 22;

(l) the form in which an application under sub-section (1) of section 24 may be made and theparticulars to be mentioned in suCh application;

(m) the form arid the manner inWhich an application for trans- fer of land may be made under sub-section (2) of section 27; (It) the powers of the competent authority under clause (J) of section 31;

(0) the appellate authority under sub-section (1) of section 33;

(p) the value of the court-fee stamp to be affixed on an appli- cation, appeal or other proceeding under section 43;

(g) any other matter which is to be, or may be, provided 7or ' by rules under this Act.

(3) Every rule made under this section shall be laid, as soon as m ay be alter it is made, before each House of Parliament, while it is in session, fora total period of thirty days which may be comprised in one session or in tWo or more successive sessions, and it, before the expiry ot the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter hive effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything pres-iously done under that rule.

47. (1) If any difficulty arises in giving effect to the provisions of this ACt, the Central Government may, by order, do anything' not inconsistent u ith such provisions which appears to it to be necessary or expedient *or the purpose of removing the difficulty.

(?) No order under sub-section (1) shall be made attertheexpiration cta period of two years from the commencement of this Act. Power to

remove

difficulties.

28 Urban Land (Ceiling and Regulation) [ACT 33

(k) the particulars to be mentioned in the statement referred to in sub-section (1) of section 22;

(1) the form in which an application under sub-section (1) of section 24 may be made and the particulars to be mentioned in such application;

(m) the form and the manner in which an application for trans- fer of land may be made under sub-section (2) of section 27;

(n) the powers of the competent authority under clause (f) of section 31;

(0) the appellate authority under sub-section (1) of section 33;

(p) the value of the court-fee stamp to be affixed on an appli- cation, appeal or other proceeding under section 43;

(q) any other matter which is to be, or may be, provided for by rules under this ct.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

47. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.

s

OW

11

or 1fJ76J

UrbeaL«•3 t eiting and itegutetion)

SCHEDULEI

(See sections z(ii), 4, i i And 29] +9

NOTE I.—An UrbanAgglomeration is madeupofmain to\vn together with theadjoining areas of urban growth and is treated as one urban spread. The population covered by suchspreads is categorised as urban. Each such agglorrreration may be made upofmorethan one statutory town, adjoining one another such asa \tunicipality and tk•e at joining Cantonment, etc., and also other urban gromhs such asa Railway Colony, University Campus, etc. Such outgrowth (O.G.) which didnot qualify to be treated as individual toz'ns in their own tight and havepronounced urban characteristics are shown asconstituents of the a•glomera- tion.

I7oTs II.—The following abbreviations have been used in this Schedule :—

Canto.

L'.B.

E.O. .

DA. .

M.B.

IVR.C.

M. Corp.. . N. orh.C. N.f¥.C. .

N.A.

N.M.

N.P.

O.G.

P

S.B.

S.A.

'L.A.

T.B.

T.C.

T.P.

T.S.

U.C.

U.A.

V.P

Corporation Cantonment Cantonment Board

. . Census Too'n

. . Estate Office

. . Gram Panchayat

. . Municipality

. . Municipal Board

. . Municipal Committee Municipal Corporation

. . Notified Committee

. Notified Area Committee Notified Area

. . Non-Municipal Magar Panchayat Outgrowth

Panchayat

Sanitary Board Special Area Town Area

TownP oard

Town Committee Town Panchayat ToWship

Union Committee

. Urban Agglometatiori Viflage Panchayat OF 1976] Urban Land (Ceiling and Regulation)

SCHEDULEI

[See sections 2(n), 4, it

and 29]

29

NOTE I.-An Urban Agglomeration is made up of main town together with the adjoining areas of urban growth and is treated as one urban spread. The population covered by such spreads is categorised as urban. Each such agglomeration may be made up of more than one statutory town, adjoining one another such as a Municipality and the adjoining Cantonment, etc., and also other urban growths such as a Railway Colony, University Campus, etc. Such outgrowth (O.G.) which did not qualify to be treated as individual towns in their own right and have pronounced urban characteristics are shown as constituents of the agglomera- tion.

NOTE II.-The following abbreviations have been used in this Schedule

C. . Corporati n

ants. . Cantonment

C.B. . Cantonment Board

C.T. . Census Town

.O. Estate Office

G.P. . Gram Panchayat

M.

M.B.

M.C.

M. Corp. N. or INC.

N.A.C.

N.A.

N.M.

N.P.

O.G.

P.

S.B.

S.A.

T.A

T.B.

T.C.

T.P

T.S.

U.C.

U.A.

V.P.

• Municipality

. Municipal Board Municipal Committee Municipal Corporation Notified Committee Notified Area Committee Notified Area

Non-Municipal

Nagar Panchaya!

Outgrowth

Panchayat

Sanitary Board

Special Area

Town Area

Town Poard

Town Committee

Town Panchayat

Township

Union Committee

Urban Agglomeration Village Panchayat

29

UrbanLand(Cetltrtgord/tegu{otiou) To\\'ns

STATES:

i. .\ud!o:a Pradesh i. i-iyderab ad U.A.—

o) Hyderabad—

(I) Hyderabad Division

(ii) Secunderabad Division !â)S ecunderabad Cantonment

(r) Ytalkajgiri

(d) Alw al

(e) Uppal Khalsa (/)Balanagar I g) Fatehnagar (li) Macha Bolaram (i') Osmania Univetsity

(j) Lalaguda

(1) Kukatpalle (/) Moosapei inn) Bowenpalle

(n) Zamistanpur z. Visakhapatnam U.A.— «)Visakhapatnam—

(i) Visakhapatnam

(ii) Gajuvaka (0.G.)

(6) Gopalapatnam

3. Vijayawada U.A.— {a)Vijayawada

[b) Patamata

(c) Gunadala

4. Guntur S Warangal Gauhati U A.—

(a) Gauhati—

(i) Gauhati (its New G auhari Railway Colony

(O.G.)

(iifQ Bamunimaidan (O.G.) (ie) Japarigog (Part) (O. G.)

(r) Noonmati (O.G.)

(vi) Ulubari (O.G.) (uii) Refinery Colony (O.G.) {ciiiñ Dispur IO.G.) (iz) Matigoan (O.G.)

(z) Ramchahil Grant (O.G.) Cantt.

P.

P.

P.

P.

P.

P.

1*.

P.

M.

P.

M.

P.

P.

M.

II.

M.

[ACz 33 fleipher Categor)'

(4)

B •

5 Kms. C i Km.

t Km. D r(eiling and Regulation

State ; Union territory Towns

:

i. And). a Pradesh . I. Hyd ad U.A.-

(a) yderabad-

(i) era a i isi

(ii) ec nderabad ivisi

(b) Sec dera a ant ent

(c) M l ajgiri

(d) lw l

(e) pal hals

(f) al agar

(g) Fatehnagar (1:) Macha olara

(i) s ania niversity

J) l a

(k) ukatpalle

(1) osapet

(m) owenpalle ( ) amistanpur

2. Visakhapatnam U.A.-

(a) Visakhapatnam-

(i) isa a at a

(ii) ajuvaka (O. .)

(b) Gopalapat

3. Vijayawada U.A.-

(a) ij ada

(b) Pata ata

(c) Gunadala

4. untur

5. arangal

2. Assam . Gauhati U. .-

(a) Gauhati-

(i) auhati

(ii) ew auhati Rail ay Colony

(O.G.)

(iii) unimaidan ( .G.)

(iv) arigog (Part) (O.G.)

(v) oonmati ( .G.)

(vi) l bari ( .G.)

(vii) efinery Colony (O.G.)

(viii) ispur ( .G.)

(ix) aligoan ( .G.)

(x) a chahil rant ( .G.)

M. Corp. Cantt.

P.

P.

P.

P.

P.

P.

P.

P.

M.

P.

[ACT 33

Peripheral Category area

5 Kms.

5 Kms. C

5 Kms. .

M.

P.

P.

. i m. D M. T Km. D

M.

m.

is

I

30

oz 1976d State/Union territery

()

Urban Land (Ceitiny end ftegulntioit) z. team—•-ro td. . GauhatiV.A.—saittd. (é) Pandu—

(i3 Pandu

3. Bihar Towns

(•)

(ii) Gauhati University (UttarMaj and Pachim Jhalukbari) (O.G.)

(iii) Maligaon (O.G.)

(iv) Sadilapu (O.G.)

(e) Garpandu Kumarpara (O.G.)

(c) Kamakhya

. i. Panna U.A.—

(o) Patna— (i3 Patna (ñ3 Patafiputra Housing Colony (é) Phulwari.

z. Rancbi U.A.—

(e)Ranchi

(r) Doraoóa 3.Dbaobad IN'.A.— te) Dhanbad

(è) Kerkand

(c) Sindri th Bhowrah

(A) Bhuli (i3 Loyabad (;3 Bhagatdih

(b) {amadoba (§ Siua

(ni) Pathardih (ri) Ktnduadih (o)_Bera

. Jamshedpur U.A.— i•7Jamshedpur Notified Area

(ii) Railway Colony' (O.G.) (ò) Adityapur

(c) Bagbera (d J gsalai

(e) Kalimati

T.C.

M. Corp.

M.

N.

M.

N

N.

N.

3i Peripheral Category area

f3)

Kns

f 19 ] r eil g a R ulation

t ion territory Towns

2. Ass -cont auhati U.A.-cont .

b) a u- t)

auhati niversi t ar aj im J ari) ( . .

iit) ali . . ) i . .

v arpara . . a

31

eri heral C eg

x. t .A.- g Kms. C

a) at -

t) t . or .

ii) l p ousi

b) l ari

. Ranchi U.A.- t Km.

a) Ranchi M

(b) Jagannathnagar

c) Doranda N

(e) Jorapokhar

(f) Tisra

(g) $ r

h) uli t)

1) agat i

h) Ja

1) j m): t i n e i a

shedpur U. .-

(a) Jamshedpur-

(t) Jamshedpur

otifi r t i w l ; . .

b) dit r

) Ju l i ) al ati h n U.A.- C

(a) Dhanbad M

b) e

c) Sindri N

(d) Jharia N.

N.

5 n s.

31

3z St ate{Union territory

. ' ujarat Towns

. '. Jamnagar U.A.— s, Jammu andKashmir. {a)Jamnagar—

(i) }amnagar

(ii) Jamnagar (O.G.)j

(iii) Railway Colony (O.G. tic) Port Area (O.G. (bj Bedi

Rajkot

3. hhavanagar U.A.—

(i) Bhavanagar

(ii) Ruva (O.G.* Ahmedabad U.A.— • (a1 Ahmedabad—

(i) Ahmedabadj _(it) Rajpur Hirpur (O.G.I (ii't) Bagefardosh (O.G.) (ie) Rakhial (0.G.) [(r) Asarwa (O.G.) (ei3 Khokliara Mehmedabad (O.C.) (b}S ardarnagar

(c)S ahijpurI

(dj Naroda

(e) Danilimbda ih Odhav

Bogha

@) Ah tedabad Cantonment (5)Ranip

\Vadodara U.A.—

(o) Vadodara

(6) Makarpura (O.G.) Surat U.A.—

(o)Surat

(6) Udhana

(c) Katargam l j Srinagar U.A.—

(a) Srinagar— § (i) Srinap•ar

(ii) Natipora (0.G.) (iit) Bagat Barzala (O.G.)3 (in) Bemina (O.G.)7

M.

m 33 Peripheral Catcgor$ area

N.P.

V. 3 Knu. C ' i Km, D

N.A.C.

N.P.

N.P.

V.P.

V.P.

Gantt.

V P.

' M. bort,

V.P.

V.O. i} Cantt. y Kms. '1

32

Urban Land (Ceiling and Regulation) [ear t / ion territory Towns eri er l ate y

(r) (2)

(3) (4)"

4. Gu a i Jam . .- t Kin. 0

( nagar- Ja M. Ja ..)]

iii i ol ( .) ( v) rt (O .) ) i

2. j M

.

5 ms.

C

. B avanagar U.A.- rK .

B .

(O G;^

4. Ahmedabad U.A.- . 5 s,

13

a) edabad- edabad ] MCorp.

ii i . .:

ii ef s . .

v) akhial O. .) v . .

vi)

hokhara ehmedabe .G.

) S

) Sahijpurl Bogha . .

) . .

) i im . .

(f) O . .

(g) medab on Can i.

h) i V_ . \V . .- 5 Km:. C

a Ni. Ccrp.

b) Mak (O

6. t . .- 5 Kms C

a) F M. Corr,

b) a . . ) t ]z ,P;;a 5, Jammu and K shmir . Srinagar U.A.- 5 Knts. C ri r-

(i) Srinagar M.C. ati (O .

fi ) t ( . .)1

v rni . . '1

(v) Kursu Padshahi'

Bagh (O.G.)"

(b) Badamibagh Cantonment Cantt.

ti

41

Y

6. Karnataka . i. Bangalore U.A.— to) Bangalore City Corporation and) M. Corp. Trust Board Area

(6) H.A.L. Sanitary Boatd (excluding S.B. H.A.L. Township)

(c) Devarajeevanahalli

(f) H.A.L. Township

(e) Jalahalli, (excluding H.M.T. T.I'.

S.A.

P.

(/) H.M.T. Township S.A.

3) LT.I. Notified Area Committee N.A.C. (Duravaninagar)

(hj B.E.L. Township

(i) Kadugondanahallil

2. Mysore

3. Mangalore U.A.—

(o) Manga1or•

(c) Padavu

(d) Kankanadi

(a) Derebail j.

Belgaum U.A.— (o)Belgaum

(6) Bctsaum Cantonment y. Hobli-Dharwar z. Calicut

a. COC

8. MadhraPradeR. I. Gwalior U.A.— ti3 Gwalior

(ii) Morar (O.G.) (iii3 Jaderua Kalan (O.G.)

(iv) Mudia Pahad (O.G.3

(o) Girwai (O.G.)

(m) Ajaipur( • -) (Ni3 Birpur (O.G.) (Nit3 Bhoderi (O.G.) (iz) Jaderua Khurd (O.G.)

(z) Melara (O.G.) (xij Sewage Farm (O.G.1

S.A.

P.

$ Z@is. B M. s - W i Km. D

M.

T.P.

P.

P.

M.

CB.

›Kni. D M. Gorp• y Kms. C C. 5 Kms. C

C. S Kms. C

C. y Kims. G M. Corp.

s Kms. C

or 19761

Urban Land(Ceiling andRegulation)

State/Union

territory Towns

33

Peripheral Category

area

(I) _'_ (Z) (3) (4)

6. Karnataka i. Bangalo

.A.- 5 Kms. B

(a) Bangalore City Corporation andJ M. Corp. Trust Board Area

(b) H.A.L. Sanitary Board (excluding S.B. H.A.L. Township)

(c) Devarajeevanahalli T.P.

(d) H.A.L. Township S.A.

(e) Jalahalli (excluding

H.M.T. P.

Township)

(f) H.M.T. Township S.A.

(g) I.T.I. Notified Area Committee N.A.C. (Duravaninagar)

(h) B.E.L. Township S.A.

(1) Kadugondanahalltl .

2. Mysore M.

5 Kms.

G

3. Mangalore U.A.- I K .

(a) Mangalore M.

(b) Ullal T.P.

(c) Padavu T.P.

(d) Kankanadi P. ( ) Derebail P

4. Belgaum U.A.- I Kni.

(a) Belgaum M.

(b) Belgaum Cantonment C.B.

5. Hubli-Dharwar M. Corp. 5 ms. C

y. Kerala

I. Calicut C. 5 Km.

2. Cochin C. 5 Kms.

3. Trivandrum C 5 K s. C

5 Kms. C

8. Madhya Pradesh . I

. Gwalior U.A.- (:) Gwalior (it) Morar (O.G.)

(iii) Jaderua Kalan (O.G.)

(iv) Mudia Pahad (O.G.)

(v) Girwai (O.G.) (in) Ajaipur (O.G.)

(vii) Birpur (O.G.)

(viii)Bhoderi (O.G.)

(ix) Jaderua Khurd (O.G.)

(x) Melara (O.G.)

(xt) Sewage

Farm (O.G.) M. Corp.

33

34

State/Union territory Urban Lord (Ce'iling and Regulation) Towns

8. Madhya Pradesh—. r. Gwalior V.A.—contd. co.ntd. (ii) Kishenbag (O.G.)

(xiii) Rajman' (O.G.) (ñe) Kalyanbag (O.G.) z. Ujjain U.A.—

(i) Ujjain

(ii) Railway Colony (O.G.)

(iii) Nagziri (O.G.) (ie) Panwasa (O.G.)

(e) Malanwasa (O.G.)} (ci) Lalpur{(O.G.) (cii) Goyala (O.G.) 3- Indore U.A.—

(i) Indore (it) Piplaya Hana (O.G.)

(iii) Sukliya (O.G.) (ic') Bijalpur{(O.G.)

(e) Khajrana (O.G.) (ci)S avind Nagar{(O.G.) (cii) Sirpur{(O.G.) (ettim Banganga (O.G.) (iz) Hukumkhedi (O.G.)

4. Bhopal U.A.—

(a) Bhopal—

(i) Bhopal (it) Sevania Gond{(O.O.)

(iii) Hatiakbeda (O.G.) (ie) Singarcholi (O.G.)

(c) Halapur (O.Cr.j

(vi) Chhola (O.G.) (cii) Neori (O.G.) (miii) Kararia urf SaJidabad (O.G.) (in) Nareea Shankri (O.G.)

(x) Nishatpura (O.G.) (fri) Bhanpur (O.G.) (mii) Koma Khurd (O.G.) (miii) Nayapura (O.G.) (xfe) Semra Kalan (O.G.)

(m) Kohphija (O.G.)

(6) Gobindpura (H.E.L.)

• (c) Bairagarh—

(t) Bairagarh

(ii) Bairagarh Kalan (O.G.) M.Corp.

M.Corp.

N.M.

N.A.

[Jcz 33 Peripherd Category area

i Km.

Urban Land (Ceiling and Regulation)

[ ACT 33

tatejUnion territory Towns

Peripheral Category area

8. adhya Pradesh-. i. Gwalior U.A.-contd.

contd.

(xii) Kishenbag (O.G.)

(xiii)

Rajman_(O.G.)

(xiv) Kalyanbag (O.G.)

2. Ujjain U.A.- r Km. D

(i) Ujjain M.Corp.

(ii) Railway Colony (O.G.)

(iii) Nagziri (O.G.)

(iv) Panwasa (O.G.)

(v) Malanwasa (O.G.))

(vi) Lalpur,(O.G.) (vii)

Goyala (O.G.)

. Indore U.A.- 5 Kms. C

(i) Indore M.Corp.

(ii) Piplaya Hana (O.G.)

(iii) Sukliya (O.G.)

(iv) Bijalpuf(O.G.)

(v) Khajrana (O.G.) (vi)

Savind Nagar(O.G.)

(vii) Sirpur;(O.G.)

(viii)

Banganga (O.G.)

(ix) Hukumkhedi (O.G.)

4. Bhopal U.A.- 5 Kms. C

(a) Bhopal-

(i) Bhopal M.Corp. (it) Sevania Gond_(O.G.)

(iii) Hatiakheda (O.G.) (iv)

Singarcholi (O.G.)

(v) Halapur (O.G.)

(vi) Chhola (O.G.)

(vii) Neori (O.G.) (viii)

Kararia urf Sajidabad (O.G.) (ix)

Nareea Shankri (O.G.)

(x) Nishatpura (O.G.)

(xi) Bhanpur (O.G.)

(xii) Kolua Khurd (O.G.)

(xiii)

Nayapura (O.G.) (xiv)

Semra Kalan (O.G.) (xv)

Kohphija (O.G.)

(b) Gobindpura (H.E.L.) N.M.

(c) Bairagarh-

(i) airagarh. N.A.

(ii) Bairagarh Kalan (O.G.)

State/Uoion tcrzitocy Urban Lend (Ceiling end ftegulotiott) Towns

8. Madhya Pradesh—. . Bhopal U.A.monrd. centd,

(c) Bairagarh—contd.

(iii) Gondermau (O.G.) (ie) Laukhedi (O.G.)

(s) Pipalner (O.G.) y. Jabatpur U.A.—

(o) Jabatpur— (1j }abBpur

(ii) Heavy Vehicle factory area (Richhai-Madhai) (O.G.)

(iii) Manegaon (O.G.) (ie) Maharajpur (O.G.)

(v) Bilpura (O.G.) (ei3 Amkhera (O.G.) (oi•3 Suhagi (O.G.) @n5 Karmeia (O.G.) (ir) Regwa (O.G.)

(x) Kheri (O.G.) í»3 Pipariy• IO.G•)

(8) Jabalpur Cantoninent

(c) karaaria— (t} Kbaotaria (O.P.A.) (it§ Ehaotaria (G.C.9.}(O.G.) (ii*} Pipariya (O.G.) (in) Tighra (O.G.)

(o) Ghana (O.G.)

6. Ourg-Bhilainagar U.A.—

(o) Bhilainagar—

(i) Bhilainagar

(ii) Bhilaigaon"(O.G.) (iIt3 Supela (O.G.) (ie) Kohka (O.G.)

(e) Chhaoni (O.G.)

(6) Durg—

(i) Durg

(ii) Urla (O.G.) (iit) Baghera (O.G.)

7 Raipur U.A.— (t3 Raipur (ft} Railway Colony (O.G.) (iit/ Telebandka (O.G.) (ie) Paziéri-Tarai (O.G.)

(v) Khaottarai (O.G.)

(vi) Kota (O.G.) M.Gorp.

Cantt.

N.M.

N.M.

M.

M.Corp. jy

Peripheral Category f3) (4)

i Km. D

z Km.

of 1970 1 Urban Ld

(Ceilingand

Regulation)35

t / ni

erritory Town Peripheral Category

area

(r) (2) (3) (4)

. adhya Pradesh-. 4. al ..-contd.

contd.

(c) Bairagarh -contd.

(iii) onder au ( . .)

(iv) Laukhedi ( . .)

(v) Pipalner ( . .)

5. Jabalpur U.A.-

(a) Jabalpur-

5 Kms. C

(s) Jabalpur

(ii) Heavy Vehicle Factory (Richhai- adhai) (O.G.)

(iii) anegaon ( . .) area

M.Corp.

(iv) aharajpur ( . .)

(v) ilpura ( . .)

(vi) Amkhera (O.G.)

(vii) Suhagi (O.G.)

(viii) Karmeta (.G.)

(ix) Reg a (O.G.)

(x) Kheri ( .G.)

(xi) Pipariya (O.G.)

(b) Jabalpur Cantonment

(c) Khamaria- Cantt.

(i) Khamaria ( .F.A.) N.M.

(ii) Khamaria ( .C.F.)( .G.)

(iii) Pipariya (O.G.)

(iv) Tighra (O.G.)

(v) Ghana (O.G.)

6. Durg-Bhilainagar

U.A.-

(a) Bhilainagar-

r Km. D

(i) Bhilainagar N.M.

(it) Bhilaigaon '(.G.)

(iii) Supela (O.G.)

' (iv) Kohka (O.G.)

(v) Chhaoni (O.G.)

(b) Durg-

(i) Durg M.

(ii) Urla (O.G.)

(iii) Baghera (O.G.)

7. Raipur U.A.- i K . D

(i) Raipur M.Cor . (it) Railway Colony (O.G.)

(iii) Telebandha (O.G.)

(iv) Pandri-Tarai (O.G.)

(v) Khamtarai (O.G.)

(vi) Kota (O.G.)

35

36

Statt}Union tefritory (i)

8. Madhya Pradesh— quid.

Towns

(eii3 Chirhuldih (O.G.) (bit) Shankar Nagar (O.G.) (is) Duiuartalab (O.G.)

(z) Mowa (O.G.)

(xi) Dungania (O.G.) (cii) ESD Kapa (O.G.) (xiitQ Tatibandh (O.G.) (be) Hirapur (O.G.)

(w) Lalpur (O.G.+

9. Maharashtra . i. Greater Bombay z.Ulhasnagar U.A.—

(a)Ulhasnagar

(é) Kalyan

(c) Ambarnath (d)_ Dombivli 7•

[z 33

Peripheral Category IN) f4)

M.Corp. S Kms.* A s bins. c '

J\I.

M

M.

J\J. («) Mohonc (/) Katemanivali Poona U.A.—

(a) Poona M.Gorp. (bj Pimpri-Chinchwad New Township M.

(c) Poona Cantonment Cantt.

(d) Kirkee Cantonment Gantt.

(r) Dehu Road Cantonment Cantt. (/) Lohagaon

(g)Khadakvasla

(A)Dehu

g.Thana U.A.—

(a)Thana}

(â)Majivade

(cJ Kalwa

Nasik U.A.—

La1 Nasik

(6) Nasik Road Deolali

(c) Deolali' antonrnent td1 Bhagur,

o. Sangli U.A.—

(a,S angle

(ft) Miraj

(c) Madhavnagar Sholapur

M.

M.,' Cantt.

M.

M.

M.

5 Kms. B i Km. D i Km. D M.Corp. y Kms. C

• Where anyland within the peripheral area of eight kilometres is covered by water (whether 7 '

distance

waters or sea or creek), the peripheral area shall be extended beyosd euch water toa further equal to the distance measured across and occupied by such water.

36 Urban Land (Ceiling

anu. Regulation) e/U rritory Towns [Ac'

33

Peripheral Category

area

(r) (2)

(3) (4)

. adhya r -

condd.

ahar s t a

7. Raipur U.A.-contd.

(vii) hirhuldih (O. .)

(viit)

Shankar agar (O. .) (ix)

umartalab (O. .)

(x) o a (O. .)

(xi) ungania (O. .)

(xii) SD Kapa (O. .) (xiii)

Tatibandh (O. .)

(xiv) d3irapur_ ( . .)

(xv) alpur (O.G.)

i. Greater Bombay

Corp. ms. • A

2. l as a ar . .- c Kn s. C

(a) Ulhasnagar

(b) Kalyan

(c) A barnath (d)_ o bivli

(e) ohone

(f) Katemanivali

3. P a . .-

M.

M.

M.

M.

Km.s. B

(a) Poona

(b) Pimpri-Chinchwad New Township

(c) Poona Cantonment

(d) Kirkee Cantonment

(e) Dehu Road Cantonment

(f) Lohagaon

(g) Khadakvasla

(h) Dehu M.Corp.

M.

Cantt. Cann, Gantt.

4. Thana U.A.- I Km. D ) Thanal M.

(b) Majivade

(c) Kalwa

5. Nasik U.A.- I Km. 1) ( ) Nasik M.

(b) Nasik Road Deolali M. ( c) ,Deolali Ca tonment Cantt.

( ) Bhagur j M.

6. Sangli .A.- r Km. D ( ) Sangli M.

b MMiraj

(c) Madhavnagar

7. Sholapur M.Corp. 5 Kms. C

rr

Y

L

* Where any land within the peripheral area of eight kilo etres is covered by ater ( whether

by inland waters or sea or creek), the peripheral area shall be extended beyond such

water to a further distance qual to the distance measured across and occupied by such water.

Statc!Union territory Vrbott load (C'ei/ing ord Regu{4tto1t) Towns

9.'Maharashtra—covtd.' 8. Kolhapur U.A.— '0.Otisss .

x i. Pun)ab" ,

(a) Kolhapur

(6) Gandhinagar Q. Nagpur U.A.-

(a) Nagpur

(I) Kainptee (c)' Kamptee Cantoriment Cutback U.A.—

(INCtittack

(if) Cuttack Industrial Estate (O.G.) (ii/3 CuttBck C.RJt.I. and other Gnvernriient Cotony (O.G.J i.*Arrtrltsar U.n.—

(m)

)

Adarsh Nagar (O.G.j

(iii) Rajinder Nagar (O.G.)

(iv) Batala Road (O.G.) Khanna Nagar (O.G.) Dolunji (O.G.)

Quarters Rattanr chand »d Bihari Lal and* Power House

(O.G.)

Kotmit Singh'(O.G.) Gobind'Nagar (O.G.) Mohkaoipura' (O.G.) Gopal Nagar (O.G.) Kangra Colony (O.G.) Kot Amar Siegh (O.G.) Dhaipai'(O.G.)"

Jaura Phatik (O.G.) Bhawani Nagar (O.G.) Mustafabad Tuni Pain (O.G.) Shiv Nagar (0.€i.)* Quarter Railway Line Kot Khalsa

(O.G.)

(m) Guru Arjan Nagar IO.g.1 }(N) Mustafabad (O.G.) (em) ViJay Nagar (O.G.) (xxfii) Anand Nagar (O.G.)

(6) Chheharta

(c) Amritsar Cantonment

M.

M.Corp.

M.

Cantt.

M.

M.C.

C.B.

37

Pcriphcral Category area

iJfKm. D

5 Kms. Ct i Km. D j Kms C

oy 1976] Urban Land

(Ceiling and Regulation) tate! nion territory Towns

37

Peripheral Category

area

(r) (2)

(3) (4)

9' Maharashtra-contd.' 8. Kolhapur U.A.- iPKm. D

(a) Kolhapur

(b) Gandhinagar

9. Nagpur U.A.-

M.

5 Kms. C ( a) Nagpur

( b) Kamptee

( c)'_Kamptee Cantonment to. rissa Cuttack U.A.- M.Corp.

M.

Cantt.

Km. D ( s) Cuttack

(ii) Cuttack Industrial Estate (O.G.)

M.

(iis) Cuttack C.R.R.I .

and other Government Colony (O.G.)

it. Punjab"

r mritsar U.A.- 5 Kms. C

(a) Amritsar- O Amritsar M.C. (is) Adarsh Nagar (O.G.)

(iis) Rajinder Nagar (O.G.)

(iv) Batala Road (O.G.)

(v) Khanna Nagar (O.G.)

(vi) Dolunji (O.G.)

(vi) Quarters Rattan rChand and Bihari Lal and* Power House

(O.G.)

viis) Kotmit Singh"(O.G.)

!(ix) Gobind"Nagar (O.G.)

!(x) Mohkampura (O.G.) (xt) Gopal Nagar (O.G.) (xit)

Kangra Colony (O.G.)

(xiii)

Kot Amar Singh (O.G.)

(xiv) Dhaipai'(O.G.)"

(xv) Jaura Phatik (O.G.) (xvs) Bhawani Nagar (O.G.)

r(xvii) Mustafabad Tuni Pain (O.G.)

(xviii)

Shiv Nagar (OG.)n

(xix) Quarter Railway Line Kot Khalsa

(O.G.)

(xx)

Guru Arjan Nagar ((yG,) [(xxi) Mustafabad (O.G.)

!(xxii)

Vijay Nagar (O.G.)

(xxiii)Anand Nagar (O>G.)

(b) Chheharta M.C.

(c) Amritsar Cantonment C.B.

37

38

State/Union territory (i)

NJtbo Land (CeiTirq ord Regulatio') Towns

(a)

I I. flMJabmoiitd. z. Ludhiana U.A.— (t3 Ludhiana

(it) Basti Jodhewal (O.G.)

(iii) Industrial Area A.& C. (O.G.) (ie) Janta Colony{(O.G.)

(e) Railway Huts (O.G.)

3. Jullundur i2. Rajasthan . 1. Bikaner U.A.—

(a) Bikaner

(6) Gangashaharl, (c).Bbinasar r3. Tamil Nadu . z. Jaipur U.A.-

(a) Jaipur (é) Sanganer

(r) Amber 3.Ajmer,U.A. —

(ii) Subhash Nagar (O.G.)

(iii) Regional College (O.G.) i.•Madras U,A.—

(i) Madras t41* andur (5)Tambaram (6)Pallavapuram

(y) Ambattur (8)Villivakkaoi

(g) St. Thomas Mount-‹:w»-Pa11avaram _Cantonment

(io) Madhavaram.

(i i) Poovirundhavalli

(iz) Tliiruvanmiyur

(13) Kunraihur ti4) Anakaputhur (is) Kodambakkai (i6) Naravarikuppam

M.C.

M.

M.

M.

Peripheral Gategory area

() (¢)

M.C. I Km.

M.

C.3'.

M.

M.

M.

M.Corp.

M.

T.S.

M.

J\J. Jvt.

T.S.

p.

Canct, p.

D

D

iKm. D iKm. D

8 K i A

38

Urban Land (Ceiling and Regulation)

[ACT 33

State/ nion territory Towns Peripheral Categoryarea

(3) (4)

ii.

Punjab-contd.

z. Ludhiana U.A.-

(t) Ludhiana

(it) Basti Jodhewal (O.G.)

(iii) Industrial

Area A. & C. (O.G.)

(iv) Janta Colony:(O.G.)

(v) Railway Huts (O.G.)

3. Jullundur

M.C.

.C.

5 Kms. Km.

L

C

D

12. ajast an

i. Bikaner U.A.-

(a) Bikaner

(b): Gangashaharl, (c).Bkinasar

M.

M.

M.

i Km. D

z. Jaipur

U.A.-

(a) Jaipur

(b) Sanganer

(c) Amber

M.

C.T.

M.

5 Kms. C

3. Ajmer ,U.A.- (:) Ajmer

(ii) Subhash Nagar (O.G.) (iit) Regional College (O.G.)

M.

i Km. D

4. Jodhpur M. 5 Kms. C

5. Kota M. i Km. D

i3. Tamil Nadu .r adras

.A.- 8 Kms. A

(i) Madras M.Cor .

(z) Thiruvattiyur M.

(3) Avadi T.S.

(4) Alandur M.

(5) Tambaram M.

(6) Pallavapuram M.

(y) Ambattur T. .

(8) Villlvakkam P.

(9) St. Thomas Mount- cum-Pallavaram

Ca tonment Canti. (io) Madhavaram P. (r r) Poovirundhavalli P. (tz) Thiruvanmiyur P.

(13) Kunrathur P.

(14) Anakaputhur P.

(15) Kodambakkam P. (i6) Naravarikuppam P.

4

0s 19'f6J S tate}Union territory *3- Tamil Nadu—contd. L/rbon Lond (Ceıling o'nd Regutattort) Towns

(2j

ı. Madras U.A.—con/d.

(I7) Thirumazhisai

(ı8) Pammal

(ı9) Saligrumafn

(2o) Velacheri

(zı) Virugambakkam

(2z) Kodungaiyur

fz3) Oragadam

(z4) Thiruninravur

(25) PO1£1I (z6) Erukkancheri (°7) Thiruneermalai (z8) Chithalapakkam (2g) Nerkundram

(3) Koyambedu ‹3•ı rerungalathur

(32) Vallanur

(33) Peerkankaranai•

(34) Sennirkuppam

(35) Nazarethpettai

(36) Sembarambakkam (37› POlichalur t3) Kannapalayam t3 Meenambakkam

(40) N Ûİk d1'flf1âl

(u) Thirusulam l4^) Thirumangalam

(43) Kattupakkam t44I Kathivakkam (4ı) Melmanar bedu

(46) Soranjeri (471 Kathirvedu

(48) Perungudi (497 Nadukkuthagai t5O

Matthur t5I) Varadharajapuram (s• Thiruverkadu

(

5

3) Veeraragavapuram t54)*engavasal (;5) Nemiliclıeri (56)S adayankuppam t57) Mudichur

ts8) Madipakkam z. Salem U.A.— (a)S alem

(â) Suramangalam

(c) Jarikondalampatti

P.

P.

P.

P.

P,

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

M.

P.

P.

Periphetal Caxegory area

(3) (#)

of 19761 Urban and (

Ceiling and Regulation)

St te/U ion erritory Town

39

Peripheral Category

area

1 . i a u- nt .

i. Ma ras . .-contd.

(17) T irumazhisai P.

18) Pammal P. r9) S ligramam P.

0) Velacheri P.

21) Virugambakkam P.

2) Kodungaiyur P.

(23) Oragadam P.

24) Thiruninravur P.

25) Polal P.

26) Erukkancheri P.

27) Thiruneermalai P.

28) Chithalapakkam P.

9) Nerkundram P.

0 ) Koyambedu P. ( 1) Per ngalathur P. 2) Vallanur P. ( 3) Peerkankaranai' P. ( 4) Sennirkuppam P. ( 5) Naz rethpettai P. ( 6) Sem arambakkam P. 7) Polichalur P. ( 8) K nnapalayam P. ( 9) Meenambakkam P. ( 0) Pallikaranai P. (41) Thirusulam P. ( 2) Thiru angalam P. ( 3) Kattupakkam P. ( 4) Kathivakkam P. ( 5) Melmanambedu P. ( 6) Soranjeri P. ( 7) Kathirvedu P. ( 8) Perungudi P. ( 9) Nadukkuthagai P. ( 0) Matthur P. ( 1) Var dharajapuram P. (52) Thiruverkadu P. ( 3) Veeraragavapuram P. ( 4) Vengavasal P. (55) Nemilicheri P. ( 6) S dayankuppam P. ( 7) Mudichur P. (58) Madipakkam P. 2. Salem U.A.- 5 Kms. C ( ) Salem M. (b) Sur angalam P. ( ) Jarikondalampatti P.

39

4

StateJUnion territory Ci)

OWHS

(2)

i 3. Tafrtil Nà5u—co@d. 2.S alem U.A.—contd. [dj Annadanapatti

(s) Ammapalayam (/) Aminapet

(g) Puthur (?ì) Kondai mpatti

(i) Thadampatti

(y) Alagapuram Il) Neikarapatti (/} Sivadapuram (»t) Meyyaour (ri) Komarasamipatti

(o) Kandampatti

(p) Reddipatti

(g) Narasojipatti

(r) Pallapatii

3 Coimbatore U.A.—

(e) Coimbatore (bj S inganallur

(e) Kurichi

(d) Telungiipalayam {ej S angsnur

(/) Kuniamuthur

(g) Ganapathy Lh) Madiikkarai (i3 Komarapalayam

(j) Vellalore

(1) S ulur (/) Perianaickenpalayam (tu) Kurudumpalayam (ri) Kavundampalayam

(o) VilanEurtichi

(p) Veerakeralam

(g) Perur Chettipalayam

(r) Perur

(i) Chinnavedampatti

(t) Narasimhanaickenpalayam

(u) PaPapalayam

(c) Coinibarore

(m) Muthugounden Pudur Railway Colony

4- Madurai U.A.—

(n) Madurai {b1 Madabulam

(c) Avaniapuram

(d) Tirupparankundram

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

M.

M.

P,

P.

p. p.

P.

T. S.

p.

p.

p.

p.

p.

p.

P.

p. p.

N.M.

[*cz33 Peripheral Category area

s Kms. C

Southern Railway Administration

M. C.

P.

P.

r

s Kms. p

40

Statej nion territory

(I)

Urban Land (Ceiling and Regulation)

Towns

(2)

13. amil Nadu -contd. 2. Salem

U.A.-contd.

(1)

Annadanapatti Ammapalayam Ammapet

Puthur

Kondalampatti

Thadampatti

Alagapuram

Neikarapatti

Sivadapuram Coimbatore Singanallur Kurichi

Telungupalayam Sanganur

Kuniamuthur Ganapathy Madukkarai Komarapalayam Vellalore Sulur

Perianaickenpalayam Kurudumpalayam Kavundampalayam Vilankuruchi Veerakeralam Perur Chettipalayam Perur

Chinnavedampatti Narasimhanaickenpalayam Pallapalayam

Coimbatore

Muthugounden Pudur Railway

Colony

4. Madurai U.A.-

(a) Madurai

(b) Madakulam

(c) Avaniapuram

(d) Tirupparankundram

(a)

(b) (c) (d) (e)

(1)

(g) (h)

(1)

(ID

(k)

(1)

(m) (n)

(0)

(p)

(q)

(r) (s) (t)

(u)

(v) (w)

(m) Meyyanur

(n) Komarasamipatti

(o) Kandampatti

(p) Reddipatti

(q) Narasojipatti

(r) Pallapatti

3. Coimbatore U.A.- [ACr 33

Peripheral Category

area

5 Kms. C

M.

M.

P.

P.

P.

P.

P.

T.S.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

P.

N. M.

Southern Railway Administration

M. C.

P.

P.

P.

5 Kms. C

NA

f

4

or 19T61 State}Union territory Urban Lord (Ceilinga d Regulation) '3- amil Naduwo•* 4 Madurai U. A.—mud.

(e) Thallakkulam (jf) Ponmeni

(g) Paravai

(h) Yilangudi

(i) Samayanallur

(j) Sathamangalam

(1) Beebikulam {l Harveypatti (»t) Tirunagai

(n) Thathaneri

(o) Thaigarajar Colony 5-

it. Uttar Pradesh . i. Tiruchirapalli U. A. —

(u) Tiruchirapalli (I›) Srirangam

(r) Ponmalai

(d) Golden Rock Railway Colony (•) Ariyamangalam

( Alathur

(g) Abishekapuram (/t) Pirattiyur (t3 Ulkadai Ariyamangalam

6.

TirnnelveliU.A.—

(o) Tirunelveli (#) Palayamlrottai

(c) Melapalayam (d1 Thatchanallur

(u) Naranammalpuram (/) Thalaiyuthu

(g) Palayamkottai (N.M.) (£) Sankarnagar

(i3 Alaganeri

(J3 Melanatham

(1) Pettai Moradabad U. A.—

(a) Moradabad (b} Moradabad Railway Settlement

2. Bareilly U. A.—

(n) Bareilly M. B. and Northern Railway Colonies—

(t3 Bareilly

(ii) Northern Railway Colony

P.

P.

P.

P.

P.

P.

P.

T. S.

P.

P.

P.

M.

/vt.

P.

P.

P.

P.

P.

4' Peripheral Category Southern Railway Administration

P.

M.

M.

M.

P.

P.

P.

N. M.

T. S.

P.

P.

P.

M.B

N.A.

M.B.

x Km. D 4r

OF 15767 Urban Land (Ceiling and Regulation) --'

CategoryPeripheral

tatejUnion territory area

(Z- ^-- (4)

---

(1)

(3 )

13. Tamil

Nadu-concld. 4. Madurai U. A.-contd.

(e) Thallakkulam P.

P.

(f) Ponmeni

(g) Paravai P.

(h) Vilangudi P.

(t) Samayanallur .

(j) Sathamangalam P.

(k) Beebikulam .

T. S.

(1) Harveypatti

(m) Tirunagat P

(n) Thathaneri

(o) Thaigarajar Colony

5. Tiruchirapalli U. A.- M.

(a) Tiruchirapalli M.

(b) Srirangam P . tl

5 Kms. C

a(c) room a Southern Railway

(d) Golden Rock Railway Colony Administration

(e) Ariyamangalam P.

(f) Alathur .

(g) AbishekaPuram P.

(h) Pirattiyur

P.

P.(t) Ulkadai Ariyamangalam

6. Tirunelveli U. A.-

(a) Tirunelveli M'

(b) Palayamkottai M.

(c) Melapalayam .

(d) Thatchanallur P.

(e) Naranammalpuram P.

Thalai uthu P.y

iKm. D

(f) N. M.

(g) Palayantkottai

(N. M.) T. S.

(h) Sankarnagar P

(1) Alaganeri P

.

(D Melanatham P

.

(k) Pettai

Imo, D

14. Uttar Pradesh

. 1. Moradabad U. A.-

(a) Moradabad M. B.

(b) Moradabad Railway N. A.

Settlement

2. Bareilly U. A.-

(a) Bareilly M. B. and Northern Railway Colonies-

(i) Bareilly (it) Northern Railway Colony

M. B.

5 Kins.

41

StateJUnion territory *4. Uttar Pradesh— z. coned.

3.

B areilly U.A.—contd. (é) B areilly Cantonment

(c) I*atnngar llailwayS ettlcment Dehra Dun U. A.—

(o) Dehra Dun M. B.& Forest Research Institute& College Area—

(i) DeliraD un

(ii) Forest ltesearcli Institute & Co}lege Aren

(6) Dehra Dun Cantonment Meerut U. A.—

(a) Meerut

(6) Meerut Cantonmcnt

(c) M alyana y. Agra U. A.—

(a) Agra

(6) Agra Cantonrrtent

(c) Dayalbaghj

(d) Sw amibagh

6. Kanpur U. A.—

(a) Kanpur M. C., RawatpurS tationyard and Central Railway Colony—

(i) Kanpur

(ii) RawatpurS tationyard (ii'i) Central Railway Colony (é) Kanpur Cantonment

(d) Nor them Railway Colony

(e) Chakeri (/) I. I. T. Kanpur

7. Allahabad U. A. —

(a) Allahabad (M. C.) and Subeda 6••j™ Jiailway Colony—

(i) Allahat ad

(ii) Sulaedarganj ltailway Col any [b) Allahabad Cantonrnent

8. Lucknow U. A.—

(n) Lucknow (é) Lucknow Cantonmeiit

(r) Cliarl›agli Alamlaagh

9 Gorakhpur to.Varanasi U. A.—

(a) Varanasi M. C. and Varanasi Railway Colony—

(i3 Varanasi

Cantt.

M. B.

Cantt.

ACT 33

Peripheral Category M. Corp.

Contt.

T. A.

T. A.

M. Corp. Cantt. area

II. COfQ._ (3)"

i Km.

(4)"

D

y Kms. C s Kms. C

5 Kms. B Kms C

5 Kms. C M.B. i Km. D

5 Kms. C M. Corp.

42 Urban Land (Ceiling and Regulation)

State/Union territory Towns

[ACT 33

Peripheral Category area

(t) - (Z) -

14. Uttar Pradesh - 2. Bareilly U. A.-contd.

contd. (b)

Barcilly Canton ent Cantt.

(c) Izatnagar Railway Settlement N. A.

3. Dehra Dun U. A.-

(a) Dehra Dun M. B. F rest Research Institute & College Area- I Km. D

(i) Dehra Dun M. B. (ii)

Forest R search Institute & College Area

(b) Dehra Dun Cantonment Cantt.

4. Meerut U. A.-

(a) Meerut 5 Kms. CM. B.

(b) eerut Cantonment Cantt.

(c) Malyana

5. Agra U. A.-

(a) Agra 5 Kms. C M. Corp.

(b) Agra Cantonment Carat.

(c) Dayalbagh'j T. A.

(d) Swamibagh T. A.

6. Kanpur U. A.- 5 Kms. B

(a) Kanpur M.C., watpur Stationyard and Central Railway Colony-

(i) K npur M. Corp.

(ii) Rawatpur Stationyard (in') Central Railway Colony

(b) Kanpur Cantonment Cantt.

(c) Armapur Estate

(d) Northern Railway Colony

(e) Chakeri

(f) I. I. T. Kanpur

7. Allahabad U. A.-

(a) Allahabad ( M. C.) and Subedarganj' Railway Colony-

(' A11 1,)

5 Kans. C aabad M. Corp._

(ii) Subedarganj Railway Colony

(b) Allahabad

Cantonment Cantt.

8. Lucknow U. A.-

(a) Lucknow Al. Corp.

(b) Lucknow Cantonment Cantt.

(c) Charbagh Alambagh N. A.

5 Kms. C

9. Gorakhpur M. B. i Km. D

ro. Varanasi

U. A.- 5 Kms. C

(a) Varanasi M. C. and Varanasi Railway Colony-

( s) Varanasi M. Corp. t

42

State/Union territory Urban Land \Ceili'rtg ord Regulation) Towns

it. Uttar Pradesh— io. Varanasi U. A.—cot@d. consld. (ii) Varanasi Railway Colony

(t) Banaras Hindu University

(c) Varanasi Cantonment i i. Aligarh

iz. S aharanpur

15. West Bengal . r. Calcutta U. A.—

(z) Howrah

(3) South Suburban

(4) Bhatpara

(S) South Dum Dunn

(6) Kamarhati (7i Garden Reach

(8) Panihati)

(9) Baranagar (io) Hooghly Chinsura

(ii) Serampore (iz) Barrackpur (+3) Titagarh (I41 Naihati (ry) Kanchrapara (i6) North Barrackpur

(17) Chandannagar

(18) Halisahar (ig) Uttarpara-Kotrung (zo) North Dunn Dunn (zi) Rishra

{2:3) Bansberia

(°31 Panchur

(z4) Chaoipdani"

(25) Baidyabati (z6) Bhadreswar (*7) Garulia (28} Baly

(29) KOMagdf (3o) Khardaha (3i) Due Dust (3z) Deulpara\

(33) Barrackpur Cantonment

(34) Kasba '

(35) Garfa

(36) Sultanpur

(37) Kalyani

(38) Bansdroni (391 S antoshpur

(4) Rajapur

(41) Jadabppr

M.

M.

M.

M.

M. Corp.

M.

M.

M.

M.

M.

N. M.

M.

M.

M.

M.

N. M.

M.

M.

M.

N. M.

Cantt.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

(3) (4)

Cantt.

M.B. I . D

M.B. i Km. D

8 Kms. A M. Corp. M. Corp.

M.

M.

M.

M.

M.

M.

M.

M.

M.

43of 19761

r ( eilin and egulati tate/Un n territory Town Peripheral Category

area

14. tar Pra es - . Vara . .- nt . cl . ii Varan i R ilwa l

b) Ba as ndu U i r i ) V o e t an t. x x. Aliga

12. Sahar B. x Km. D B. I Km. 15- est Bengal . i l u ta U. A.- 8 Kms. (x)

2

Calcutta . or .

. orp. ut r

hat r 5 t um um amarhati ) ar e

anihati ar r

x x

x

1

M.

x ) aihati x5

x ort r handannagar . or . x9 tt a-K u

20 ort um um

21

( 2 ansberi

2 ) M.

2 ham dani

u

( ) ai yabati 2 hadr ar 2 aruli

) al M.

onnagar

0

x um um 2 eulpara; . .

(33) arr ur a t entant.

(34) as

M.

(35) arf M.

M.

( ) al i M.

. .

(39) S

. .

0) aj . . u

. .

43

()

i J. West Bengal—conid. Urban Lend (Ceitir9 end Regulation) Towns

()

(Hz) Bademasar t43I Ichhapur Defence Estate

(44) Jagannathgarh (is1 Sarenga

(46) Makhla

(47) Nabagram Colony (48a Sanlrail

(49a KOlara

(s) Bankara f5I) Nibra

(52) Kambahari ts31 Manikpur ts4) B anupur (5y) Paiulia (y6) Chakapara

(57) Mahiari

(58) Dhuilya

(59) Garui (6o) Gardaha (6i) Krishnagar

(62) Jhorhat

(63) Madrail Fingapara (64a Chakdaha

(6s Masila

(66) Purba Putiari (671 Bisarpara t68) Panpur

(69) Bandra t7 Kerulia (7i1 Dunn Durn Aerodrome Area f7il Podara

(73) Andul t74) Narayanpur z.Asansol U. A.—

(o) Asansol

(h) Outer Burnpur

(c) Burnpur 3- Durgapur UNIONTERRITORIESi -

i. Chandigarh . Chandigarh U. A.—

(o) Chandigarh (I›) Manimajra

. Delhi U. A.—

(a) Delhi tb) New Delhi

(c) Delhi Cantonment

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M,

N. M.

N. M.

Peripheral Category' area

(3d

i Km.

M.

N. M.

N. M.

N.A. i Km.

E.O.

P.

M. Corp.

M. C.

C. B.

(41

D

r Km. D 8Ka . A

44

rban Land ( eiling and Regulation) State/Union

territory Towns

15. est engal

-contd. i. Calcutta U.

A.-contd. (4a) Bade asar

(43) Ichhapur Defence Estate

(44) Jagannathgarh

(45) Sarenga

(46) Makhla

(47) Nabagram Colony

(48) Sankrail

(49) olara

(50) Bankara

(51) ibra

(52) a bahari

(53) anikpur

(54) Banupur

(55) atulia

(56) hakapara

(57) ahiari

(58) huilya

(59) arui

(60) ardaha

(61) ri agar

(62) J orhat

(63) adrail Fingapara

(64) hakdaha

(65) asila

(66) urba Putiari

(67) isarpara

(68) anpur

(69) andra

(70) erulia

(71) um um erodro e Area

(72) Podara

(73) Andul

(74) Narayanpur

2. Asansol U. A.-

(a) sansol

(b) uter Burnpur

(c) urnpur

3. Durgapur

UNION TE RITORIES t

i. Chandigarh

Chandigarh U. A.-

(a) handigarh

(b) animajra

2. Delhi Delhi U .-

(a) Delhi

(b) New Delhi

(c) elhi antonment

[ACT 33

Peripheral Category area

(3) (4)

N. .

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. .

N. M.

N. .

N. .

N. M.

N. M.

N. M.

N. .

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

N. M.

i Km. D

M.

N. M.

N. M.

N. A. i Km. D iKm. D

E. 0.

P.

8 Kms. A M. Corp.

M. C.

C. B.

Stem/Lfaioa Territory

3

â 5. West Bengal—Calcutta U.A.—C'oiilrl. Df2/@. k. \f2) Jhotl at N. Hi.

(63) Madrail Fingapara . . N.M.

(64) Chakdaha .... N.M.

(65) Masila ... N. *fi.

(66) Purba Putiari ... N.M.

(67) Bisarpara .... N.M.

(68) Panpur ... N.M.

(69) Dandia .... N.M.

(70) Kerulia . . N.M.

(71) Duni Dunn Aerodrome Arca N.M.

(72) Podara .... N.M.

(73) Andul. ... N.M.

(74) Narayanpur ... N. M,

(b) Outer Burnpur

(c) Burnpur

3. Durgapur .

UNION TERRITORIES:

1. Chandigarh Chandigarh U. A.—

(n) Chen‹ligar1i

2. Dcll1i

SCHEDULE2

SerSection 11(2)]

1 Kin .

N. M.

N.M.

N.A. 1 Km.

E,U.

h1.Cork, I Kin.

8 K ins. PR INCIPLFS FOR DETERMINATION OF THE NET AVI'RAGE

.ANNUAL INCOME

1. '} ¿ coplpctent authority sbatl first determine the gross iilcon4e actually d•-rivcd by llr holder of the vacant land acquired dUritt* t]i.•. period of five consecutive years rcf*rt•.d to in clause (n) of sub-section

(J) oYs action 11 iticluding anyi eicome Scorn nry prodfwd808i ''A front

A

49

Urban Lain (Cei(irrg

(md Regu , iation) Act, 1976

State/U n

n tscnedule 1-2]Towns iT Perr tory criphcrat

Category

area

2

3

15. West Bengal-Calcutta U.A.-Cored. 4 Coml. S.

(62) Jhorhut

(63) M dr il Fingapara N. . M.

(64) Chakdaha M.

(65) Masja N. M. (6 ) Purba Putiari N

. rT

(67) Bisarpara M.arpara N. .

(68) Panpur

(69) B ndra N. M.

(70) Kerulia N. M. (71 Dunt Dun' N. M. Aerodrome Area N. M.

(72) Podara (73 Andul N. M. M'(74) Narayanpur N.

2. Asansol U. A.'-

(a) Asansol

M.

(b) Outer Burnpur . N. M.

(c) Burnpur ,

3. DurRanur N. M.

UNION TERRITORIES:

1. Chandigarh

2 D

Chandigarh U. A.--

(a) Chandigarh (b)

Manimajra

1 Kin. D

(a) Delhi 8 Knis. A

M.

(b) New Delhi Corp.

1 M. .

(c) Delhi Cantonment C. B. elhi U. A.-

SCHEDULE 2

[See Section 1](2)]

PRINCIPLES FOR DETERMINATION OF THE, NET AVERAGE

ANNUAL INCOME

1. The competent

actually derived authority shall first determine the gross income

by the holder

of the vacant land acquired during th^ period of five consecutive years referred to in clause

( a) of sub-section (1) of section 11 including any income from any produ6e derived from ft♦ ltjvrltjpa of

the land bring the said {erl od, I Kin. 1) . N. A. I Km. D

45

iii iinici| at or ct her I ocal authority coiiccrned shows in tiwI ental i ,ai uc t›I siteh J.1nd;

I . d he net :i›'ci ‹i uc n n ii u.i1 incoincr efcrred to in clause {ri) of sub- sea.› r ( ') of ,c ciion 1 i shall be sixty ;›er ceni. of the in eraycan ii ual ii oss i ncoinc ›vhich shall be one-fifth of the gross incoiiie duriny the trye consecutive years as dc let mined by thecoinpetent aulliority unrler in,I be taken into considerationin dctcrniin ing 1 lie i iet :ivcr.igc iin n ii:ili n come buts hall be deductcd inlicu of the cxpcnditure ii hicli the liol‹ler ‹›fl fie vacant Iaud » ‹stild noi iii.il ly inciir for pitynncnl ‹›f irny i;i s t o I lic i u iin i‹i JuriI oi ot hei 1‹›c•i1 it iit li ‹›i ily :in il l i›r co 11 ccl io n :i ii‹l

50

(/rban Land (Ceiling and Regui(it ion) Act, 1976

[Schedl ule 11]

2. Eor such determination the competent authority nut)-- (rr)

hold any local inquiry and obtain, if necessary. certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing the rental value of such land;

(I') estimate the income from any produce from such and, after holding such local inquiry and tatting such evidence as it thinks fit and after giving an opportunity to the person concerned of being heard in the matter.

3. 1 he net avera-e annual income referred to in clause (a) of sub- sccaon (I) of section I 1 shall be sixty per cent, of the average annual moss income which shall be one-fifth of the gross income during the five consecutive years as determined by the competent authority under paragraph 1.

4. Iorly pcr cent. of[ lie gross annual income referred to above shall not be taken into consideration in determining the uct average annual income but shall be deducted in lieu of the expenditure which the holder of the vacant land would normally incur for payment of any lax to the municipal ur other local authority and for collection and other charges including cultivation charges.