THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS . ACT, 1960 . TaBLE oF CONTENTS Bections : Page CHAPTER 1 § Preliminary 1. Shorttitle, extentand commencement, : 3344 : 44 2. Definitions. CHAPTER पा Exemption and restrictions or transfer on land 3. Exempted lands. ' 346 4, Transfers or partitions made after the publication of the Bill but before 347 the commencment of this Act. 5. Restrictions on transfer or sub-divisions of land and consequencesof 347 transfer or sub-division made in contravention thereof. ' 5A * * * * * 348. 5B * * % * ) * 348 CHAPTER [II Fixation of ceiling area determination of surplus land and acquisition - thereof 6. Ccrtain.persons deemed or not deemed to be holders for purposes 348 of this Chapter. 6.A * * * * - 349 6.B. Accrual of right of occupancy tenant or Bhumiswami under Code to 349 be void. 5.BB. Declaration of surplus land in cases to which section 6-B apply. 349 6.C Bar of jurisdication of Civil Court in matters falling under section 6-B, 349 7. Maximum extent of land to be held by a person or family. 349 8. * * * * * 851 9. Submission of return by person holding land in excess of ceiling, 351 10. Clollection of information. ' 351 11. Preparation of statement of land held in excess of the ceiling area. 352 12. Vesting of surplus land in the State. 353 13. Consequence of vesting. 555 13.A. Holder liable to pay compensation for profits on ‘surplus land. 355 14, Demarcation of Jand and assessment thereof. 354 15. Celling how effective in future. | 354 MADHBYA PRADESH ACT No. 20 of 1960 341
342 CHAPTER IV Payment of Compensation Se‘ctions . Page 16. Liability of State Government 10 pay compensatici: for suiplus land. 354 17. Manner of payment of comipensation. 555 18. Interim payment. ‘ 555 19, Detenninartion oi" compensatiov, 355 20. Apportionment of compensation in certain cases. 355 21. Payment of compensation to be full discharge 356 CEAPTER V Encumbersnces of surplus land 22. Definitions. 356 23. Ap-plicat'ion by ereditor t¢ competent autl crity, 356 24. Withholding of compensation money, 557 25. Submission of claim and production of documenis, 357 26. Determination of debt. 357 27. Calculation of interest and reduction of prineipal in all 357 transactions. 28. Priority amongst creditors. 358 29. Distribution of compensation mcney. 350 30. | Order regarding unpaid amount of claim. 358 31. Recoveries of unpaid amount, 358 32, Court fees by a creditor, 359 33. Appeal againstorders of the competent authority. 559 34, परी of decision. 309 CHAPTER VI Disposal of surplus land 35. Allotment of surplus land vesting in- the State Governrrent nnder - 359 ' this Act. 36. Recovery of premium in case of transfer of alloited पद d. 360 37. Temporary leases of land liable to be allotted under section 55. 361 CHAPTER VI A Offences and penalty 37-A. Offences and punishment. 361 37.B. Cognizance of oflence. ' 38]
CHAPTER VII Miscellaneous Sections 38. - 39. 40. 4l 47 . 45, 44 45. 46. 47. 48. 49. Presumption about entries in record of rights, etc. Taking possession of land vested in the Stite. Revenue Officer to direct delivery of possession. Appeals. Revision. Court fees. T Limitation. Enquiries and proceedings to be. judicial proceedings. Bar of jurisdiction of Civil Court. Power to remove difficulty. Proteciion of action taken under this Act. Act to override other e€nactments, coatracts, ei€. Pi)w‘xcr o make rules. SCHEDULE 1 SCAEDULB i1 et e et il e e 343
344 MADHYA PRADESH ACT (No. 20 of 1960)1 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 (Received the assent of the President on the 28tk September 1960 ; assent firs ; . ks . < ! in the ““Madhya Pradesh Gazeite Extraordinary, on the Ist ,()cwbeflfl%o.p)ub[”bd An Act to provide for the impositicn of ceiling on agricultural hoid- ings, acquisition and disposal of surplus land and matters ancillas thereto, Y Be it enacted by the Madhya Pradesh Legislature in the Eleventh Year of the | Republic of India as follows :— CHAPTER 1 Preliminary L. (1) This Act may be called the Madhva Pradesh Ceiling on Agricultural Holdings Act, 1960. ः 8hort title, extent and commenc- ment. (2) It extends to the whole of Madhya Pradesh. (8) Itshall come intoforce on such date? as the State Goverbment may, by notification, appoint. . Definitions. 2. In this Act, unless the context otherwise requires— ‘ (@) “‘agricultural labourer’” means a person who does not hold any land and whose principal means of livelihood is manual labour on land; ‘ |. [(कै) ‘appointed day” means the date of commencement of the Madhya Pradesh Ceiling on Agricultural Holdings {Amend- ment) Act; 1972;]3 ः “assured irrigation” means irrigation from any source of irrigation belonging to the State Government on the appointed day; भू (66) [(6bb) “‘assured private irrigation’’ means irrigation on or before the 15th August, 1972— {zy from tube-wells; (#) by hft irrigation from a perennial source of water operated by disel or electrical emergy. . Explanation.— For the purpose of item (i) of this clause, “perennial source of water’”” means a source of water from which water Hows throughout the year but does not include o well;]5] [{¢) “Petter farming society’” means a co-operative society registered or deemed to be registered as a better farming society under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961) ;]* : 1. - For Statement of Objects and Reasons ( in English), see “Madhya Pradesh Gazette, Ex- traordinary, dated the the 15th September, 1959, page 1280 and (in Hindi) page 1302. Yor proceedings in Assembly, see Madhya Pradesh Vidhan Sabha Proceedings, 1959, Vol. 6, No. 14, pages 1417-1440, No. 15, pages 1548-1592, Na. 16, pages 1670-1710, 1960, Val. 7, No. 42, pages 3434-3462, No. 44, pages 3571-3581. - 15th November, 1961, see Govt. of Madhya Pradesh,Land Reforms Department Notification 2, No. 3467-XXVIII-60, dated the 4th Nov. 1961, published in the Madhya Pradesh Gazette dated 10th Nov. 1951, page 1904. दि 3. Subs. by M. P. Act 12 of 1974, 5.2 व. Ins. by M. P. Act 13 of 1974, 5.3 (i) Subs. by M. P. Act 20 of 1974, 5.3 (a}. 6. Subs. by S.3(b), ibid. i o
’THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS AZT, 1960 345 () “ceiling area” means the maximum area cf land which 2 holder is entitled tohold under section 7: (s) “‘competent authority” means— [(5) in respectofa holder whose entire land is situate within " a Sub-Division, the Sub-Divisioral Officer and/er such other Revenve Officer, not below the rank of a Deputy Collector as may be appointed by the State Goverrment; ः : (#) in respect of a holder whose entire land is situate ijn more than one: Sub-Division of the same district, the Collector or the Additional Collector and where there is no Additional Collector for the district such Deputy Collector, as may be empowered by the State Government to exercise the powers of Collector under the Madhya Pradesh Land Revenue Clode, 1959 (No. 20 of 1959) for the purpose; and}! (i) in respect of a holder whose land is situate in more than one district. such authority as may be appointed by the Government; [ (७८; कक 500८ means a SOciety ngistercd or dcc:mcd to be registercd under the Madhya Pradesh Co-operative Societics Act, 1960 (No. 17 of 1961) ;]* : [(f) “dry land” means any land which neither receives water through " assured irrigation nor assured Private irrigation;]® (g) “‘exempted land” means land exempted from the provisions of this Act under section 3 § [(gg) ““family”” means husband, wife and their minor children, fany,}}* [(h) “holder’” mezns a tenure holder or an occupancy tenant or a CGovernment lessee of land within the State and the expression ‘to hold land’ or ‘holding land’ shall be censtrued accordingly; (i) “holding’’ means all land bheld by a holder in any one or all of the capacities specified in clause (h) within the State; j° . [(5) “joint farming society” means a co-operative society registered or deemed to be registered as 2 joint farming society under the Madbya Pradesh Co-operative Societies Act, 1860 (No.17 of 1961), in which the ownership ofall the land under its control vests, and which gets all such land cultivated jointly by its mem- bers;]® ' (k) “land” means land held for en agriculteral purpose but dees not include land diverted to or used for non-agricultural purpose; बी < x x x x {m) < X x x x पाए * x X x X (0) “suwrplus land” means lond which is declared to be surplus land under the provisions of this Act; पर ही छा पु 9० हज ला Subs* by M. P. Act 37 of 1976, S.2. Ins. by M. P. Act 20° of 1974, $.3 (c). Subs. by M. P. Act 13 of 1974, 8.3 (ii) Ins. by M. P. Act 12 of 1974, S.2 (b). Subs by S.2(c), ibid. Subs. by M. P. Act 20 of 1974, 5.3 (d), Omitted by M. P. Act 13 1974 8.3 (i},
34¢ THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 {p) words and expressions used but notdefined in this Act, and defined in th> Madhya Pradesh Land Revenue Code, 1959 (20 of 1959), shall have the meaning respectively assigned to them in that Code. CHAPTER 11 ‘ Exemptions and restrictions on transfer of land Exempted land. ) : 3. The following lands shall be exempted from the provisions of this Act, that is to say,— V {a) land held by a local authority or a University established by law within the State; (b} Iand held by the Madhya Pradesh State Agro Industries Devel- poment Corporation Ltd., or any other Corporation, controlled or managed by the State Government or the Central Govern- ment, whether singly or jointly; ~ (c) land which is the property of a public trust or a wakf for a reli- gious purpose : Provided that— (i} such public trust or wakf is. registered on or before [the 1 st January, 1971]8 under any enactment relating to public . trust or wakf for the time being in force and the entire in- © come of such land is appropriated for the purpose of such trust or wakf; - (ii) such land is property of the public trust or wakf on the appointed day; {(d) land held by a Bhoodan Yagna ' Board under the Madhya Pra- desh Bhoodan Yagna Adhiniyam, 1968 (No. 28 of 1968); (&) land held by a co-operative land development bank or any other co-operative bank registered or deemed to be registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 196]); {f) land held by a bank; Explanation— For the purpose of this clause ‘bank’ means a banking ~ company as defined in section 5 of the Banking Regulation Act, 1949 (No. 10 of 1949), and includes the State Bank of Tndja constituted by the State Bank of India Act, 1955 (No. 23 of 1955), a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1939 (No. 38 of 1959), a corresponding new bank as defined In the Banking Clompanies (Acquisition and Transfer of ~Under- takings) Act, 1970 (No. 5 of 1970}, the Agricultural Re- finance Corporation established under the Agricultural Refinance Corporation Act, 1963 (No. 10 of 1963), the Agricultutral Finance Corporation Limited, a company incorporated under the Comapanies Act, 1956 (No. 1 of 1956) and any other finarcial institution as the State ' Government may, by notification, specify in this behalf;]? [(g) land held by such Co-operative Societies as hold land not exceed- ing the total area arrived at by aggregating the ceiling area in respect of each of its members on the register of members for the time being and approved by general or special order by the State Government in this behalf : 4 1. Subs. by M. P, Act 13 of 1974, S.4. व 2. Subs. by M. P. Act 20 of 1974, §.4(a), for “the 24th Jaruary 1971.” 3. Subs. by S.4(b), ibid.
THE MVADH'YA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 347 Provided that in the case of a Joint Farming Society no member shall hold land in excess of the ceiling area; J! ' (h) any class of land which the State Government may, for a public purpose, by notification, exempt from = the provisions of this Act.} 4, 2[(1) Notwithstanding anything contained in any law for the Tfmmftehm or pbalirtitt.u')m Ofmm&d: time being in force, where after, |the lst January, 1971]% but before the Bafl‘fbfut ¢ कर tion of the appointed. day, any holder has transferred any land h‘el_d by him by way of Ciment of this Act. sale, gift, exchange or otherwise or has effected a partition of his holding er part thereof or the holding held by the holder has been transferred in execu- tion of a decree of any Court, the competent ~authority may, after notice to the holder and other persons affected by such transfer or partition and after such enquiry as it thinks fit to make, declare the transfer or partition to be void if it finds that the transfer or the partition, as the case may be, was made in anticipation of or to defeat the provisions of this Act.] [(2) Nothing in this section shall apply to a transfer made by a holder—- (a) who does not hold land in excess of the ceiling area; or (b} who is a member ofa family -and where all the members of the family together do not hold land in excess of the ceiling area; as specified in sub-scction (1) of section 7 as substituted by section 8 of the Madhya Pradesh Ceiling on Agricultural Holdings (Amendment) Act, 1974 on the date of the transfer.]] . » : : : (3) Any person aggrieved by an order of the competent authority under this section may prefer an appeal against such order to the Board of Revenue. The decision of the Board and subject to the decision of the Board in appeal the decision of the competent authority shall be final. 6(4) [In regard to every transfer to which this section applies]®, - the burden of proving that the transfer was not benami or was not made in any other manner to defeat the provisions of this Act shall be on the transferor. (5) Notwithstanding anythin'g contained in any law for the time being in force,— . (i} no Court shall entertain any suit for the specific perfermance of any contract of sale of land on the basis of any agreement or document made [on or before the 1st January, 19717, or (i) any decree passed by a Civil Court for the specific perfor- mance of the contract of sale of land on the basis of any’ agreement or document made[ on or before the 1st January, 197177 shall be null and shall not be enforceable, over if such suit or decree i3 for the purpose of defeating the provisions of this Act.] ः ; « Notwithstanding anything contained in any law for the time being Restrictions on transfer or sub- in force, mo land shall be- . divisions of land and conse- quences of transfer or sub-divi- sion made in contravention (a) transferred whether by way of sale (including sale in exccution (hereof of a decree of a Civil Court or of an award or order of any other lawful authority) or by way of gift, exchange, lease or otherwise; or Subs. by M. P. Act 2 of 1976, 5.2. Subs. by M. P. Act 13 of 1974, 5.5(i) Subs. by M. P. Act 20 of 1974, §.5(a), for “the 24th January, 1971%. Subs. by 8.5(b), ibid : Subs. by M. P. Act 13 of 1974, 8.5(ii). - Subs. by M. P. Act 20°0f 1974'8.5 (c); for “In regard to every transfer made under this section.” ' . . 7. Subs by 5.5(00, ibid, for “on or after the 24th January 1971...” oo e
348 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 Certain persons deemed or not deemed to be holders for purposes of this Chapter. () .su.b-divided '(inciuding sub-division by 2 decree or cider रण 5 Civil Court or any other lawful authority) whether by partition or otherwise; until a final order under section 11 is passed except with the fermisicr, in writing of the Collector. (2) The Collector may refuse to give such pcrmissionn if in his opin- उप? the transfer or sub-division of land is likely to defeat the object of this Act. ) 1(3) Nothing in this section shall apply to & transfer made by (a) who does not hold land in excess of the ceiling area; and () who is a member of 2 family and where all the members of the family togetber do not hold land in excess of the ceiling area;- . as specified in sub-section (1) of section 7 as substituted by section 8 of the Madhya Pradesh Ceiling on Agricvleral Holdings (Amerdnent) Acy, 1974 on the date of the transfer.]: (#) The registering officer skall finish to the Collector or such other officer as mzy be authorised £y him in writing in this behalf, particulars relating to every transfer. of land made on or after [the 1st january 19717% and before the appointed day, in such form and within such period as may be prescribed. (5) [in regard to every transfer to which this section applics]* the burden of proving that the transfer was not benami - or was not made in 20y other manner to defeat the provisions of this Act shall be on the transferor] [5-A X x x x ¥ e £ [5-B % x - ox x CHAPTER 11t Fixation of ceiling area determination of surplos land and scquisition thersof 6. For the purposes of this Chapter,— {(f) where certain land is held by two or more holders jointly or as tenants-in-common, the area of land corresponding to the interest of each holder on the appcinted day shall be deemed to be held by such holder; : 4y where land is keld by a joint hindu family, each member of such family who is entitled to share in the joint family property shall he deemed to hold an area of such land properticnate to his share in the property to which he would be entitled if « partition were to take place op the appointed day; [7i7) any land belonging to a tenure holder which is Leld by oCcupancy tenant specified in sub-section (1} of section 185 of the Madhya Pradesb Land Revenue Code, 1959 (No. 20 of 1959) shall not be deemed to be held by suck tenure Folder;)s Subs. by M. P. Act 13 of 1974, 8.6. Subs by M. P. Act 20 of 1974, 5.6z} Subs by $.6(b), ibid, for “the 24th January 1971, - Subs. by 8.6(c), ibid, for “In regard to every transfer made under this section.” Omitted by S.7. ibid. _ Subs. by M. P. Act | of 1974,8. 3 (a). S छा तन देकर e
THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 349 (0) any land belonging to a tenure holder which is on or after the 1st January 1971 held by an occupancy tenant or a Bhumiswami to whom such rights have accrued under section 169 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) or sub-section (2-A) of section 190 thereof shall notwithstanding anything conteined in the said Code, be decmed to be Leld by such tenure holder and not by the occupancy tenant or Bhumi- swami, as the case may be, to whom such rights have accrued under the said respective sections.]® e-a x x x & P 6-B. Where as a consequence of lease given by a tenure holder of land comprised in his holding in contravention of section 168 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959} rights of an occupancy tenant or Bhumiswami, - as the case may be, have accrued to the lessec under section 169 or section 190 of the said Code during the period cormencing from Ist January, 1971 and ending on the appointed day, accrual of such rights shall be void and of no legal effect whatsoever for the purposes of this Act, notwith— standing anyhing contained in this Act or any other law for the time being in force or any judgement, decree or order of any court. . [6-BB. Where as a result of operation of section 6-B, there is an addition to the quantum of land held by a holder prior to such operation so as to necessitate declaration of surplus land, then notwithstanding anything contained in this Act, the competent authority shall in declaring the surplus land specify the land in the following order :— (i) the land held by such holder other than the land to which section 6-B relates ; (#i) if the land so held by him falls short of the requisite surplus the entire land so held and so much of the land to which section 6-B relates as falls short of the requisite surplus.]¢ 6-C. Notwithstanding anything cOntained in sub-section (4) or sub- section (5) of section 11 no cwvil court shall entertain any suit in respect of title to land comprised in holding of a holder to which the provisions of section [6-B]* apply.] §[7. [{1) Subject to the provisions of this Act, no holder or where the holder is a member of -a family, no such family, shall, as from the appointed day, be entitled to hold land other than exempted land in excess of the land as is specified below 1— - ' (a) where the holder (1) is not a member of a family. land capable of yielding two crops and receiving assured iirigation or assured private irrigation for both the crops; 10 acres. (2) land capable of yielding one crop ‘and receiving assured irrigation or assured private irrigation for the crop; 15 acres. (3 (5) where the holder (1) is 2a member of a family of five members or less, dry land. land capable of yielding two crops and receiving assured -irrigation or - assured private irrigation for both the crops; 30 acres. 18 acres. . Ins. by M. P. Act 1 of 1984, S.3(b}. Ins. by 8.4, ibid. L Onmitted by M. P. Act 14 of 1984, §.2. Ins. by S.3, ibid. Sub. by 5.4 for ““6-A or 6-B". ibid. Sub. by M. P. Aci 13 of 1974, 58.7. कि कहना Accrual of right of occupancy tenant or Bhumiswami under Code to be void. Declaration of surplus land in cases to which section-6-B apply. Bar of Jurisdiction of Civil Court in matters falling under section [(6-B).]5 Maximum extent of land to be held by a pemon or family.
| | 350 THE MADHYA शर 20९58 CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 (2) land capable of yielding 27 acres. one crop and receiving assured irrigation or ass-. ured private irrigation for the crop; (3) dry land. 54 acres. (©) .where' the holder (1) land capable of vielding 18 acres plus 15 2 member of a two crops and receiving 3 acres for each family of more than assured irrigation or assu- member in five members. red private irrigation for excess of five ' both the crops; subject to the maximum of 36 acres. (2) land capable of yielding 27 acres plus one crop and receiving 4.50 acres for assured irrigation or cach membe in assured private irrigation excess of five for the crop; subject to the maxirsam of 54 acres, (3) drylend. ' 54 acres plus § acres for each member in ex- cess of five sub- . ject to the max~ imum of 108 acres: Provided that where all or any one of the members of 2 family is also holder and holds tand i his own rights, the aggregate land which such family shall hold shall not exceed the celling atea specified छोड परी रद members of the family shall continye to hold land within पिंड पट aren i proportion to the extent of the land held by each one of them before घाट appoiated day. (2) Where a holder who i member of a family has cne or more major sons, each such son shall, subject to the ceiling area sp~ci7ar. n sub-section (1) for a holder, be entitled to hold land separately from owi o the land belongm'g to the छिपा before the appointed day, as if each such son were a holder : Provided that if sych majar son or a member of his family hold land ‘ip his own rights and the extent of such land is less thar o1 =g zrea specified in sub-section (1) for the category of holders under wiij i .- f=lls, he shall फैट entitled to hold lard out of such family holding on* - the extent by which the land keld by him as on Ist January, 1971 falls shori of e ceiliig area : Provided further that no major son shall be entitied 1० Fove iand unde the prededing proviso, unless he - files before the competene amperity o declara- tion in such form and within such period as may be preseribed b {3} 1In computing the ceiling area under sup-seviins {1 {8 ‘orchards other than banana gardens and vineyards shall be treated as dry land; and - ' न (%) land which = holder or member of a famiiy has in a [ Joint Farming Society or any other Co-operative Society]? as member thereof shall be treated as land held by such holder or member L Sy M PAana s T by M. P. Act 20 of 1974, S.8(a). 2. Sube. by 5.8(b) (i), ibid, for “Joint Farming Society
THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 351 - (#i) one acre of land capable of yielding two ciops and receiving ’ assured irmgation or assured private irrigation for botk the crops shall be equal to 1.5 acres of land capable of yielding one crop and receiving assured irrigation or assured private irrigation for the crop or three acres of dry land.]* Ewxplanation :—For purposes of this section different kind of crops grown in either Rabi or Kharif season shall be deemed to be one crop.] ‘8). x x x x तु 9. Every holder who on the appointed day holds land in excess of the Submlss'iondm_ Ofl d"m, by ceiling area shall in respect of all land held by kim including exempted land, if opre“m.‘mhns.hds and in cxcess any, furnish within a period of three months from the appointed day to the, competent authority a return containing the following information »— (i) full particulars of land held by him within the State; (#) full particulars of the encumbrances, if any, on suc. land together with the name and address of his creditor; ()] X X x n 3 (iii-2) full particulars of any transfer or partition of iand effected by him on or after [the st January 197i°% and before the appoirted day; (i} full particulars of any pending litigation respecting such Jand og patt thereof, | o full names, ages and addresses of the members of bis family, ther relation with him and land held by cach of them; - [{z-g)- full names, ages and addresses of his. major sons and "land - held by each of them as on lst January, 1971;)° {v) full description of the land which he desires to retain; and {wit) such other information as may be prescribed : Provided that if the holder is a minor, lunatic or idiot, the return on his behalf shall be tiled by his guardian. Explanation—Any person having lawful custody of the minor, lunatic or idiot or of his property, for the time being, shall be deemed to be his guardian : ' Provided further that where land is held by a joint Hindu family, a joint return may be filed by the manager of such family in respect of such land specifying therein the portion of the land which the family desires to retain. o . ः 10, (1) If any person holding land in excess of the ceiling area fails ~ Collection of informatam to submit the return under section 8, the competent authority may, by a : notice in such form and served i such manner as may be prescribed, re- quire such person te furnish the return within the time specified in the - notice and on his failure to do so obtain the necessary information. in such manner as may be prescribed. ' S 1. Subs. by M. P. Act 20 of 1974, $.8(b) (हि. o -2, Omitted by M:- Po-Act 12-of-1974;-8.50 777 e e पा नव Omitted by M. P. Act 2 of 1976, 8.3. S Subs. by M. P. Act 13 of 1974, S.8. दल सकल तन दर हा 7 Subs. by M. P. Act 20 of 1974, §.9(a) for “the 2#th January अ9717, Sub. by 5.9(b), ibid. हु. रू S Omitted by M. P. Act 12 of 1974 S.7. NP G
352 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 Preparation . of statement of land held in excess of the ceiling area. ~11.. (1) On the basis of information given in the return uuder section - 9 or the information obtained by the competent authority under secticrn 1€, the said authority shall after making such enquiry as it may deem fit, prcpare a separatc draft statement in respect of each person bolding land in excess of the ceiling area, containing the following particulars :—- 1[(;) the name and address of the holder; (-a) if the holder is a member of a family, names, addresess and ages of members of the family; {(s-6) if the holder who is 2 member of family has major sons, names, ages and addresses of his major sons and land held. by each of them as on the 1st January, 1971;]2 (‘ii) full particulars of land held by himn and other members of his family within the State and the total area of such land;] (45} the total area of land which the holder is entitled to hold in accordance with the provisions of this Act; (ग्रे the description of land which he desires to retain; (v) the description of land which the competent authority pro- poses to declare -surplus; and (n) such other particulars as may be prescribed : ं पिण्सवत that if the holder fails to specify the portion of land which he wishes to retain, the competent authority shall, to the extent * possible, lncludc]thc encumbered and improved land in the land to be retained by the holder :]* ‘ Provided further that a joint statement may be prepared in -respec.t of holders who are members of a Joint Hndu Family or who hold land jointly or as tenants-in-common. (2) The transferor shall, for the purpose of this Act, be deemed to be “the holder of land the transfer of which 0] 4has been declared to be void under sub-section (1) of section ; or ‘ (¢9) has been found by tke competent authority, on such enquiry as may be prescirbed to be in contravenion of the provisions of sub-section (1) of section 5, (3) The draft statement shall be published at such place and in such manner as may be prescribed and 3 copy thereof shall be served on the holder or holders concerned, the creditors and all other persons interested in the land to which it relates.. Any objection to the draft statment received within thirty days of the publication thercof shall be duly considered by the competent authority who after giving the objector an opportunity of being heard shall pass such order as it deems fit. . #®) I while considering the objections received under sub-section (3) or otherwise, the competent authority finds that any question has arisen regarding th_e title of a particular holder and such question has not alrea'dy been determined by a court of competent jurisdiction, the competent authority shall proceed to enquire summarily into the merits of such question and pass such orders as it thinks fit: - - - 1. Subs. by M.P. Act 13 of 1974, §.9, 2. Subs. by M. P. Act 20 of 1974, S. 10, 3, Subs.by M, P. Act. 12 of 1974 5.8 (a), -~ y
+ THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 353 Provided thay if such question is already pending for Gousion before a competent court, the competent authority shall await the decision of the court. . (5) The order of the competent authority under sub-section (4) shall not be sabject to appeal or revison, but any party may, within three months from the date of such order, institute a suit in the civil court to have the order set aside, and the decision of such court shall be binding on the compe tent authority, but sibject to the result of such suit, if any, the order of the com- petent authority shall be final and conclusive : - (6) After all such objections, pending proceedings and the sut, if any, ‘filed under sub-section (5) have becu disposed of, the cempetent autbority shall, subject toprovisions of the Act and the rules made thereunder, make necessary alterations in the draft statement in accordance with the एड passed on objections, the decision of the competent court and the decision of the civil suit, as the case may be, and shall declare the surplus land held by each holder. The competent authority shall, thereafter, publish a final state- ment specifying therein the entire land held by the holder, the land to be retained by him and the land declared to be surplusand send a copy thereof to the holder concerned. Such a statement shail be publiched in such manner as may be prescribed and shall be conclusive evidence of the facts stated therein. {7) Notwithstanding anything contained in sub-sections {4), i3) and (6], where the competent anthority finds that a person holds land, other tkap the land it respect of which a fuestion of title has arisen or is pending before a competent court, in excess of the ceiling area, jt may proceed to declare such land to be surplus forthwith. The land so declared surplus shall be incorporated in the final statement published under sub-recticn (€5 [{8) Notwithstanding anvthing contaifed in section 7, if the land in excess of the ceiling area consists of a small stript of land which cannot be cultivated economically or which cannot be detached from the land having regard to the efficient use thereof for agricultural purposes, the holder of the land may be permitted by the competent authority, for reasons to be recorded in writing, to retain the said stript of land subject to a maximum of one acre in excess of the ceiling area.]l [12. All surplus Jand shall be deemed to be needed for a public purposc and shall vest in the State absolutely free frem all epcvmrbrances with effect from the date declaring it surplus under sub-section (6) of secticu 11: Provided that if on such land any crop is standing such vesting shall take place after the crop has been harvested.j2 13. Witk effect from the date of vesting— हो. का rights, title and interest of the holder in the swrplus land or of any person having interest in such land through him shall cease; and (i) all arrears of revenue, cesses or other ducs, in respect of the land so vesting and due by the holder for any petiod prior 10 the date of vesting, shall continue to be recoverable from such irolder and may, without prejudice to any other mode of recovery, be realised by deducting the amount from the comrpensation morey payable to such holder under this Act. ' [13-A. Where 2ny land vests in the State Govertment under section 12, the holder of the land shail be lizble to pay to the State ‘Govérnment in such manner and i accordance with such principles as may be prescribed I. Subs. by M. P. Act 12 of 1974, $.8(b). 2. Subs. by M. F. Aci 37 of 1976, $.3. Vening of surplus land in the State. Consequence ol vesting. Holder liable to pay compen- sation for profits on surplus land.
354 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 profit, earned on the land by bim during the period the land has remained with "him after the appointed day.]l aDs:csmsmarccattmthn Comfolaflnd and «14, Where any land vest in the State Government under section 19, n ' the Sub-Divisional Officer shall demarcate it in accordance with the rules made undec sub-section (5) of section 198 of the Madhya Pradesh Iand Revenue Code, 1959 (20 of 1959), and also fix the land revenue in respect of the land remaining with the holder. fucmcnrlcng how effective in [15. Where afier ‘the appointed day the (08.1 land held by any holder . and “where such holder is a member of a family the total land held by such family at any time excerds the ceiling area by reason of — {a) acquisition of land by the holder or member of his family; or (b) change in the nature of land, thatis to say, dry land subsequently having assured irrigation for one crop or two crops, as the case may be, or land having assured irrigation for one crop subsequently having assured irrigation for iwo crops; or fc) land having ceased to be exempted land; all the provisions of this Chapter shall, so for as may be, apply to such holder and where such holder is a member of a family to such family: Provided that the period of submission of 1eturn by such holder under section- 9 shall,— (i) in case of acquistion of land, be ninety days from the date of such acquisition; and (i) in the case of change in the nature of land, be ninety days from the date the nature of Jand is changed; and (i) in the case of land ceasing to be exempted land, be ninety days from the date of commencement of the Madhya Pradesh Cleiling on Agricultural Holdings (Second Amendment] Act, 1972 or the date on which such land has ceased to Le exem. pted whichever is later.}2 CHAPTER 1V Payment of Compensation Liability of State Government 16. (1} The State Government shall pay compensation for surplus land to pay compensation for vesting in the State under section 12 to the holder of such land in accordance surplus land. with the rules contained in Schedule वा, [(2) In addition. to the compensation payable under sub-section (1) the State Government shall pay to the holder of such land additional compensation— (i) for any improvement made by him on land; or (if) for trees, if any, standing on land.]3 (3) In determining the additioral compensation payable under sub- section (2) the following matters shall be taken into consideration, namely:— (a) the enhancement of the value of the land due to the improvement; 1. Subs. by M.P. Act 12 of 1974, 5.9. 2. Subs. by M. P. Act 13 of 1974, 5.10, 3. Subs. by M. P. Act 13 of 1974, S.11(i).
THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 355 (b} probable duration of the effect of the improvement; {c) labour and capital spent by the holder on the improvement; ((d) nature of trees and value thereof.]1 (की The compensation payable under sub-sections (1) and (2) shall be due as from the date of vesting of surplus land and shall carry interest at the rate of three per centum per annum from the date of vesting to the date ot payment. 17. Subject to the provisions of this Act and the rules made there- under the compensation payable under section 16 shall be paid in the follo- wing manner, namely:— (a) in cash in full within six months of the date of vesting where the 1otal amount of compensation does not exceed one thousand rupees; (b) in other cases, a sum not 1655 than one thoussnd rupees \ shall be paid withip six months of the date of vesting and the balance shall be paid in equal annual instalments not exceeding nineteen, subject to the condition that no Instaiment except the one that relates to final payment shall be of less than one hundred rupees: Provided that the State Government may at any time for special reason pay to any holder the amount of future instalments not exceeding five in advance. 18. (1) Where the amount of compensation is not paid to a holder within a period of six months from the date of vesting, the State Govern- mant shall, subject to such restrictions and conditions as to security, repay- ma1t .or otherswise as may be prescribed, direct the payment to each such holdar of interim compensation which shall not be less than one-twentieth of the estimated amount of compensation subject to the maximum of one thousand rupees. {2) Such iaterim compensation shall be deemed to be part of the compeasation payable under this Act, and shall be deducted from and ad- justed against it. 19. After the land of a holder is declared surplus the competent autho- rity shall after making such eoquiry as it thinks-fit and giving the holder conceraed an opportunity of being heard, determine the amount of com- pensation due to such holder and such compensation shall be payable in sccocdance with the provisions of this Act. 20. Where the holder of the land vested in the State Government uander section 12, is— (i) a widow; or (1} an unmarried daughter; or (iii} a marri=d woman who has been deserted by her husband; or {ivi a minor; or (भी a person subiect to physical or mental disability due to old age or otherwise; or (vi) a person detained or imprisoned urder any process of law; or - {vil) "a pacson in the service of Armed Forces of the Union; or {viii; a public charitable or religious iostitution: or . Added by M. P. Act 13 of 1974. "प््॒॑फ्यदघफ या बाप बता हो. ..... ला (i) Manner of payment of compensation. Interim paymeat. Determination of compen- sation. Apportionment of compen~ sation in certain cases.
356 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 (ix; a local authority or a Co-Operative socitty; and such Lolder has priox the provisions of sub-section (2) Revenue Code, 1959 (20 of 1959), the compensation land shall be apportioned betweer: the holder and prescribed. 21. िघफााटाा! of compensation to be full discharge. & full discharge of the State (1) The payment of compersation (o the Lolder entitled ' thereto in the manner to such vesting leased such land in pursuance of of section 168 of thy Madhya Pradesh Land payable in respect of the the lessee in the manner ः एटा . [धाकणा। prescrivked by or unider this Act skall Le & Government frem all lizbility 10 pay compensaiion for the divesting of the surplus land 2nd no furtker cdeies for pavment of compensation in respect thereof shall lie. (2} Nothing in this section shall prejudice any 1ighs i respect of the said surplus land to which any other peroser nay le entitled by due preces of law to enforce against the person to as aforesaid. whom comrpensaticr. hrs beey paid CHAPTER V Encumbrances on Saurplus Land Defnition. 22. Ta this Chapter— {a) “creditor” means a person to whom a secured debt or claim is owing and “debtor” means the person by whom such debt is owed; (b} “excluded deht” refers to secured debt or claims due in respect of— {ij (1) हा - (i) (v) (५) secured land but shall recoverable as land revenue or any recovery of which a suit is barred by Application by creditor to 23. competent authority, “secured debt or claim® on the appointed day whether due or not any liability in respect of any sum due to any society registered or deemed to be registered under any law relating to co-operative societies in force in any part of Madhya Pradesh; any liability in respect of maintenance whether under ‘decree of court or otherwise ; any liability due to a bank or a company; a mortgage claim against property in the hands of a subsequent transferec who has taken the transfer in order to satisfy the mestgage; any liability arising between mortgagor and mortgagee in respect of land revenue of the mortgaged property which has been paid by the mortgagee on behalf of the mortgagor; means debt or claim subsisting due and by the mortgage of or a charge on the surplu not include land revenue or anything money for the Imitation. (1) Any creditor of a holder of surplus land may, within sixty days from the publication of the ‘final statement under sub-section (6) of scction 11, file an application to the competent authority specifying thercin the amount and particulars of his debt or (2) An application under sub-section particulars as may be prescribed and dance with the manner prescribed by (V of 1908), for signing and verifying plaints. claims against such holder. (1) shall eontain suck further shall be signed and verfied in aceor- the Code of Civil Procedure, 1908
THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 (387 (3} The claim of every creditor other than a erediior memd_iOned in 9 the return filed under section 9, who fails to file an application under sub- section (1) shall be deemed for all purposes and all occasions to have teen discharged against the debtor. : ः (4) The provision of section 5 of the Indian-Limi"tatjon Act, 1908 (TX of 1908),1 shall apply tc an application under this section. - 24. Upon receipt of an application u_nder‘sec‘tion 23 व the competent Withholding of compen- authority finds that any suit or proceeding is pending against the holder of sation money. surplus land for the recovery of any amount in respect of a secured debt or claim the competent authority shall issue a notice to the Court concerned and thereupon such suit or procceding shzll be stayed. 25. (1 Upon receipt of an application -under sub-section (1) of section Subrission of claim and 23 the co(mpctcpnt authogrity shallfpix a date for hearing and shalicausc a ~ production of documents. notice of the date of hearing- together with a copy of the application recei- ved, to be served on the holder and shall cause 2 copy of such application together with a copy of the return filed under section 9 to be aflixed on a conspicuous place in its office. (2) The competent authority shall also issuc notice to every creditor, who according to the return filed under section 9 has an interest in the sur- plus land but has not filed any applicztion under sub-section (1. Such notice shall be accompanied by a copy of the return, (3) Bvery creditor who has filed an application . under section 23 or to whom a notice is issued under sub-section (2) shall, on or before such date as may be fixed by the competent authority file a written = statement of his claim signed and verified in the manner prescribed. by rule 15 of Order VI of the Code of Civil Procedure, 1908 (V of 1908).. Such statement shall be submitted in person or by an agent authorised in writing or by registered post with acknowledgment due and every claim vot so submitted shall be deemed for all purposes and all occasions to have been discharged as against ¢he debtor : ' . Provided that if a creditor files a statement of claim within a fuirther x period of two months and satisfies ' the competent authority that such ereditor was for good and sufficient cause unable to file the same hefore the date fixed for hearing.the competent authority may revive the claim. (4) On the date on which the case is fixed for hearing the credito shall produce the documents in his posseesson or : control en which he bases his claim. If such documents are not produced at such hearing or:.at an adjourned hearing fixed for 1this purpose by the competent authority, the competent authority may declare such claim to be discharged for "all purposes and all cecasions against the debtor : ' R Lo _ Provided that if the competent authoriiy is statisfied that any creditor - was for good and sufficient cause, unable to produce such decunients he may requirc them to he produced on = date fixed for the purpose and may revive the claim: T e R T ० . 26, Subj_cct to the provisions of section 27, the ‘competent authority b . ation of deb - shall, after hearing the debtor and the creditor, if present avrd msking a such etermination of Gebt. further enquiry as it may deem fit, detérmine the amount which should be paid to creditors vut of the amount of compensatior. determined under see- tion 16. - s ‘ e T Sy oL न हद का दल नर ली 27. (1} The competent authority shall, notwithstarding . anything contained in any other enactmwert for the time being in force, re-open all reduction of principalin al - wansactions made twelve years . before the last transaction or before the transactions. - 1st January 1940, whichever is earlier, "and as' far as .may be. ascertain in vy ‘ pespect of cach loan the date on which it was originally advanced. Tt shall ः notwithstanding the provisions of ‘any agreement or law to the contrary . calculate the interst एप at six per cenitum per annum or suck lower 86 ~of interest as’ ‘may have been agreed upon between the parties. . Yt shall Calcuiation of interesi and "1, Sec now the Limitation Act, 1968 (36 of 1983y, " (36 of 1953).
358 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 Priority amongst creditors Distribution of compensation mongey, Lhrder regarding unpaid amount of claim, " Rccoveries of unpaid amount. also- determine the amount of prinicipal, i any, of each loan which woyld have remained unpaid if the calculation of interest had been made as herein provided: . i el (2) If the competent authority finds that the loan was or\iginal‘ly advanced: prior to the 1st January, 1940, then it shall reduce . the principal determined under -sub-section (1) by twerty per centum. _ be (8) Notwithstanding anything contained in any . law for the time being in force, no competent authority shall, in respect of any secured debt or claim to which this Chapter applies, award on account of arrears of interest a sum- greater than the principal of the loan as determired under sub-section ( 1१. (कै) If the competent उपाए एफ finds that nothing is due to the C.red],"h)r’ it shall pass an order discharging the secured debt or claim. (5) The amounts determined due shall not carry any interest after the dafe of determination, . (6) Nothing in sub-sections (1) to (5) shall- apply to excluded debts. ‘Th:: amount due for such debts shall be determined in accordance with the terms of the contract between the parties or any law for the time benig in farce. 28. Subject to rules framed under this Act, the competent authority ‘shall, where there are two or more creditors, settle the order of priority in which each creditor shall be entitled to receive the amount due to him. ' 29. (1) The compensa..tiofi payable to a holder under section 16 - shall” ‘be distributed between the secured creditors in the order of their priority and if there are more than one such creditors holdmg_ the same order of priority, it shall be distributed rateably between them in proportion to the amounts determined due. ) (2) The amount determined payable fto_thc creditors shall be payable in as many instalments as may be fixed for the payment of compensation to.the holder of surplus land under the provisions of thx‘s Act. ः (3) 1If the total amount determined payable to crcdibltors is less than th ensation payable under section 16 the amount payable to creditor sthan,ecboemdpeducted f'rpo_m such compensation and the balance shall be. payable to the holder of surplus land. '30. If the जाए of compensation payable to the holder under section 16 is not sufficient to satisfy the claims of the creditors as dcber-.mm_e_d unger this Chapter, the competent authority shall record an order specifying— (6) the amount remaining unpaid in respect of each claim; (6) the name of the creditor to whom it is due; and () th articulars of the property other than surpl'_us 9 1taned beplongm'g to the holder remaining encumbered in respect of cach ‘claim. roperty of a holder other than surplus land पड en- of the creditor in whose favour an order the creditor may within one year of the 1 court for passing a preliminary decree and the civil court shall accordingly pass the: amount remaining unpaid in respect d order fixing such time as it may - deem 31, (1) I the p ' cumbered in respect of any clal.m under section 30 has been passed, t date of such order apply to the civi for sale of the encumbered property 2 preliminary decree for -salc for of that amount as specified in the sai fit. o ः | _ | | isi f sub-section {1) any creditor. in whose 9} Subject to the provisions o y . fa\tour( a)n ord]er ander section 30 has becn passed may ~-ecovcr,,,‘th.c‘ Va.moum
X THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 -~ 359 remaining unpaid in respect of any claim which is due to such creditor according to the said order from the holder in the same manner as an arrear of land revenuec. 32. (1) Any creditor who applies to a civil court under section 31 shall be liable to pay such court-fees upon the amount declared as due as be would be liable to pay upon a plaint filed for the recovery of the same and the civil court shall not proceed with the application until such court-fee has been paid : ' ‘ ‘ Provided that no court-fees shall be payable if court-fees have alrcady been paid in respect of a debt. . (2) The amount of court-fees paid by the creditor shall form costs of the proceeding and be recoverable from the debtor. 33. (1) Any person aggrieved by an order of the competent authority u_.n_der this Chapter may file an appeal against such order,— . (#) in the court of the District Judge within whose jurisdic- tion the whole or any part of surplus land which is subject to mortgage or charge, as the case may be, lies if the secured debt or claim does not exceed Rs. 10,0005 [बी उप the High Court if the secured debt or claim exceeds Rs. 10,6000. (2) No appeal under sub-section (1) shall lic — (को to the Court of Distriet Judge, unless it is .preferred wit.hin 30 days of the communication of the order appealed against; - (&) to the High Court, unless itis preferred within 60 days of the communication of the order appealedagainst. 34. The decision of the District Court or the High Court, as the case may be, in an appeal under section 33 shall be final and where no appeal has beea preferred the decision of the competent authority shall be final. CHAPTER VI Disposal of Surplus Land 35. (1) Subject to the provisions of this Act and the rules framed- thereunder surplus land vesting in the State under section 12 shall be allotted in Bhumiswami rights to the persons mentioned hereunder in the order of priority as indicated therein on payment of a premium equivalent to the comnensation payable. in respect of such land — [(i) agricultural labourers,— () belonging to Scheduled Castes and Schedued tribes; and (है) others; (¢} joint farming society, the members of which are agricultural ' Iaboyrers,. or landless persons whose main occupation is cultivation or manual labour on land, or a combination of such persons; (i#) better farming society, the members of which are agricultural labourers, or landless persons whose main océupation is cultivation or manual labour on land, ora combinaion of such persons;]1 1. Subs. by the M. P. Act 13 of 1974, S.12(i). Court fees by a creditor. Appeal against orders of the competent authority. Finality of decition. Allotment of surplus land vesting in the State Govern— ment wnder this Act.
5 360 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 [(@) freedom fighters;]t (v} displaced tenant subjects to the provisions of secti provisions of section 20 of the Madhya Pradesh Land Revenue Cede, l959n N 0.2 20 of 1939); . (i) holders holding contiguous land; (vii) joint farming society of agriculturists; (viit) better farming society of agriculturists; (1x) any other co-operative farming society subject to the condition _that land (including the land as owner or tenant individually by membersj shall not exceed the area equal to the number of members multiplied by the ceiling area; (x} an agriculturist holding land less than the ceiling बाध्य: Provided that unless the State Governient otherwise directs surplus land consisting of compact area shall be cither reserved for Government Farm or allotted to co-operativc socicties or any other public purpose. [Explanation I.— For the purpose of clause (iv), “freedom fighter’” means a person who by reason of his taking part in any national movement for independence prior to the 15th August, 1947, (i) had been awarded capital punishment; or (i) had to suffer imprisonment or detention for a period exceeding .six months; or (iif) had been permanently incapacitated on account of injuries infected upon his person in firing or lathi charge; o () bad to suffer loss of property, whether wholly or partly. or los of employr{mn[ or loss of his means of 1'1'Vl311"h00d, and m'cl_udm his principal heir where such person— {2} was hanged in exccution of the capital punishment; or (4} died during the course of jmprisonment or detention,] Explanation II.— For the purpose of Explonation I, “principal heir” means the eldest son of the deceased or, if there is no son of the deceased or, व if there is no son surviving, such other heir of the deceased, as the Collector G may declare to-be the “principal heir’.]? : o (2) The premium payable under sub-section (1} may be paid by the allottec either i 2 lump sum within six months of the commencement of the agricultural year rext following the . date of allotment or in twenty equal instaltments, the first instalment being payable on the commencement of the agrjcultural vear next following the date of allotment. I the premium is paid in iastalments the unpaid balance of such premium shall carry interest at the rate of 3 per centum per annum with effect from the date on which the first instalment falls _due. . [(3} Where the land alloited under sub-section (1) is an orchard other than banana gardens and vinevards, the allottec shall maintain the orchard intact.]? । 86. Where land allotted under section 35 is transferred, the amount Recovery of premium in casc ct of such land shall be a first charge of wansfer of allotted land. of ‘]J——)"rcmh,_z‘m remaining unpaid in respe 1. Ins. by M. P. Act 20 of 1974, S.11(a). 2. Ins. by S.11 (b}, ibid. 3. Ins. by M. P. Act 13 of 1974, 5.12 (i}
THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 361 thereon and shall be recoverable fiom the transferee in the same manuer as an arrear of land revenue. 37. (1) If in the case of land vesting in the State under this Aet, Temporary leases of land the Collector considers that allotment of such Jand under Section 35 is likely to take time and that with a view to preventing the land remaining uncultivated, it is necessary to take such a step, he may lease the land for cultivation to any agriculturist who has under personal cultivation land less than the ceiling arca subject to the following conditions धन () the lease shall be for a petiod of one year; (i the lessee shall pay rent at the rate fixed by the Tabsildar sub- iect to the provisions of the Madhya Prodesh Land Revenue Code. 1959 (No. 20 of 1959); tiif} the lessee shall be liable to pay‘ the land revenue and the other cesses payable in respect of the land; (हो if the lessee fails to vacate the land on फिट expiry of the term of the lease, he shall be liable to be summarily evicted by the Tahsildar. {2) ‘The amount of rent realised under sub-section (1) shull be credited to Government. HCHAPTER VI A Offenee and Penalty [37-A (1) If any person who is under an obligation (o furnish a retwrn under this Act refuses or wilfully fzils to furnish 2 return within the time specified for the purpose, or wilfully furnishnes an incomplete or. incorrect return, he shall be punishable with imprisonment for a term which may extent to two vears or with fine which may extend to five thousand rupees or with both. (2, If any person who is under an obligation to furnish a return under this Act furnishes 2 return which he knows or has reason to believe to be false, he shall be punishable with imprisonment for a term which may extend to tw]o years or with fine which may extend to five thousand rupees or with both.]? 37-B (17 No Court inferior to that of a Magistrate of the Firvt Class shall try an offence punishable under this Act. {2) No Court shall take cognizance of any offence punishable under this Act except on a complaint in writing by an Officer empowered by the State Government in this bhehalf)] ‘ : CHAPTER VI Miscellanecous 38. Every ontry in the record of rights and the annual papers preparcd in the Mahakoshal region in accordance with the provisions of the Madhya Pradesh Land Revenue Code, 1954 (IT of 1955), and every entry in the records of a like nature maintained under any law for the time being in force in any other region of this State shall, for purpose of this Act, be presumed to be correct. 39. Where under the provisions of this Act any land vests in the State, " the Tahsildar may, after removing any obstruction that may be offered, for- 1. Ins. by M. P. Act 12 of 1974, S_11. 2. Subs. by M. P. Act 37 of 1976, 5.4. liable t0 be allotted under Section 35. Offences and punithment. Clognizance of oficree, Presumption aboui entries in record of rights, etc. Taking possession of land vested in the State,
182 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 Revenue Offieer to direct delivery of possession. Appeals. Revision. ouri Fees, Eimitation. Enquiries - and proceedings to be judicial proceedings. Bar of jurisdiction of Civil Courts. Power to remove difficulty. thwith take possession of the land and such land shall, subject to such rules as may be prescribed, be managed by the Collector until it is dispored of in accordance with the provisions of this Act. पर 40. The competent authority may upon its own motion or ou the application of any person who is entitled to the possession of any land under any of the provisions of this Act, direct that possession of such land be delivered to such persouw. . [41. Except where the provisions of this Act ‘provide otherwise, against every order of a Revenue Officer or competent authority under this Act or the rules made thereunder, an appeal shall lie,— (1) if such order is passed by a Revenue Officer either as competent authority or otherwise~to the authority competent to hear appeals under sub-section (1) of Section 44 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) from an order passed by a Revenue Officer of the same rank under the said Code; (it) if such order is passed by the competent authority where such authority is an officer other than a Revenue Officer appointed under sub-clause (i#) of clauss (¢) of section 2-to the Board of Revenue as if such officer were an Additional Ssttlement Com- missioner appointed under Section 65 of the said Code.]! 42. The Board of Revenue or the Commissioner may on itsfhis motion or on the application by any party at any time for the purpose of satisfying iself/himself as to the legality or propriety of any order passed by or as to the regularity of the proceedings of any competent authority subordinate to- it/him call for and examine the record of any cese pending before or dis- posed of by such competent authority, and may pass such orders in reference thereto as it/he thinks fit : Provided that it/he shall not vary or reverse any order unless notice has been served on the parties interested and opportunity given to them for being heard = Provided further that no application for revision shall be entertaired against-an order against which an appeal is provided under this Act. 43. Notwithstanding anything contained in the Court Fees Act, 1870 {Act 7 of 1870), every application or memorandum of appeal or an - appli- cation for revision under this Act shall bear a Court Fee Stamp of such value as may be prescribed. ' this Act unless 44. Every appeal or application for revisien under period specifically provided otherwise in the Act, shall be filed within a TL of sixty days from the date of the order against which such appeal or revision is preferred, The provisions of Sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908 (IX of 1908)2, shall apply to the filing of such appeal or application for revision. : : 45 . All enquiries and proceedings before any Revenue O-ffic_er, or competent authority shall be deemed to be judicial proceedings within the meaning of Sections 193 and 228 and for the purposes of Section 196 of the Indian Penal Code, 1860 (XLV of 1860). 46. Save as expressly provided in this Act, no Civil Court shall have any jurisdiction to setile, decide or deal with any question which is by or under this Act required to be settle, decided or dealt with by the competent authority. 47. If any doubt or difficulty arises in giving effect to the PrO_Vi_Sions of this Act, the State Government may, by order, make such provisions, 1. Subs. by M. P. Act 25 of 1966, S.2. 2. See not the limitation Act, 1963 (36 of 1963).
THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 363 not iacoasistent with the purposes of this Act, ‘as appcar to thcm to be nece- .!‘ * . . ssary or expedient for removing the doubt or difficulty. 48. (1) No suit, prosecution or other legal proceeding shall lie against Protection of action taken any person for anything which is in good fuith done or intended to be done under this Act. in pursuance of this Act or any rules made thereunder. (2) Nosuit or other legal proceedings shall lie against the State Govern- ment for any damege caused or likely to be caused or for any injury suffered or likely to be suffered, by virtue of any provision of this Act or for any- thing whiclr is in good faith dore or intended to be done in pursuance of ¢his Act or any rules made theveunder. ः 49. The provisions of this Act and any rules made thereunder shall mAcfltcttmOCnO‘t;"r’cindc सन . " . . . . . e ., A , con ete. have effect, notwithstanding anything inconsistent therewith contzined in S anv other enactment for the time hbeing in force or any custom, usage or agrasment or decree or order of a court or other authority, 50. (1) The State Government may, फैट notification, make rules for Power to make rules. carrying out the purposes of this Act. ' . ‘ (2) In particular and wi thout pejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (2) the procedure 1o be followed by the competent authority exercising powers under this Act; (b) the manier in which notices and orders under this Act shall he issued, served, communicated or enforced; पर (दो ® Tk 5 g] 1 ¥ (d) the form in which and the period within, which particulars in respact of transfer of land chall be furnished under sub-section (4) of Section 5; (¢} - the period within and the manner in which the return has to be submitted under Section 9; . () (i) the enquiry to be held under sub-section (2) of Section 11; (i) the manner in whick a copy of the draft statement shall be served on the person or persons concerned under Section 11; i) the manner in which and the principles in accordance with } . I P w which the holder shall pay to the State Government the profits under Section 13-A;]J? {(g) the manner in which an appeal under Section 41 may be preferred; by the manner in which any land vested in. the State Government ) . Yy shall he disposed of; (iy any other matter which is to be or may be prescribed under this Act. * (3) The power to make rules under this Section shall be subject to the condition of previous publication in the Official Gazette. 4 1. Omitted by M. P. Act 12 of 1974, S.1201). - T P Amlzolot sze. - . 2. Ins. by S 12(ii), ibid.
364 THE MADHYA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1960 [SCHEDULE 1 SCHEDULE पा (See Section 16 (1)? 1. T'hc amount of compensation payable to a holder of any surplus land in Bhumiswami right, shall be computed o the basis f lend revenue per acre of such land according to the scale specified belCyw SCALE Land revenue per acre (1) {1) Where the land revenue per acre does not exceed one rupee, (2) Where the land reverue per acre exceeds one rupee but does not exceed two rupees. _ (3) Where the land revenue per acre exceeds two rupees but does not exceed three rupees. (4) Where the land revenue per acre exceeds three rupees but does not exceed four rupees. (5) Where the land revenue per acre excceds four rupees but does not exceed five rupees. (है) Where the land revenue per acre exceeds five rupees byt does not excced siy rupees. (7) Where the land revenuc per acre exceeds six rupees. Amount of compensation payable Fer acre @) Fifty times the land reverue per acre subject to 2 minimum of rupees twenty. Eifty rupees plus ferty-five tmex the amount by which the land revenue per acre exceeds ruree one. Ninenty-five rupees plus forty times the zmount by which the land revenue per acre excecds two rupecs. One hundred and thirty-five rupees plus plus thirty-fie 1mes the amount by which the land revenue per acre exceeds three rupees. One hundred and seventy rupees thirty times the zmount by which the land revenue per acre exceeds four rupees. Two hundred rupees plus twenty- five times the amount by which the land revenue per acre cxooceds five rupees. Two hundred znd twenty-five rupees plus twenty times the amount by which the Jand reveaus per acre exceeds six rupees : [Provided that in the case of Jand having assured hrigation or assured private irrigation, the Jand revenue per zcre shall be a svm arrived at by adding one rupee to lznd revenue of such land;]* ' 2. The amount of compensation payzble to a holder of any land in oceupancy rights shall be the amount of compensation determined in accor- dence with rule 1 as if the land were held in Bhumiswerri rights less 15 times the land revenue of such land. [2-a. The amonut of compensation payzbic te a holder of any land as a Government lessee shall be the amount of compensation determined in accordance with rule 1 had the land been assesced to land revenue under the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959). 74 3. Where any land is not separately ascesred to land revenue the Jand revenue of such land shall he determined on the basis of the Jand revenue of the entire land separately ascessed to land revenue of which it forms part. Omitted by M. P. Act 12 of 1974, S.13. Subs. by M. P. Act 35 of 1961, §.4, for “Section 7 (2) ”. 1. 2 4. Subs. by M. P. Act 13 of 1974, 8. 13 (a) 4. Ins. by S. 13 (b), ibid. ‘