ter they e it is in Or more pointed, to such ure may ification ling pre- lopment s hereby in taken en under d below— [THE] UTTAR PRADESH CEILING ON PROPERTY (TEMPO-
RARY RESTRICTIONS ON TRANSFER) ACT, 19721
[U. P. ACT No. 36 OF 1972]
(As passed by the Uttar Pradesh Vidhan Mandal) An Act to restrict, during a temporary period, certain transfers of agricultural land and urban properties and to provide for purposes connected therewith It is hereby enacted in the Twenty-third Year of the Republic of India :ss follows :
Prefatory Note—Statement of Objects and Reasons.—With a view to giving effect to the policy of the State
towards securing the directive principles specified in clauses (6) and (e)
of Article 39 of the Constitution, the U. P. Urban Property (Ceiling) Bill, 1972, and the U. P. Imposition of Ceiling of Land Holdings (Amendment) Bill, 1972 were introduced in the Legislative Assembly on May 9, 1972. The passage of the two Bills and their enactment as law was likely to take some time. It was apprehended that in the meantime some persons might transfer their land and urban property in order to defeat the purpose of the Bills. It was accordingly considered necessary to have an enactment made immediately to prevent such transfers. As both Houses of the Legislature were not in session' the Uttar Pradesh
Ceiling on Property (Temporary Restrictions on Transfer) Ordinance, 1972, was promulgated.
The
Uttar Pradesh Ceiling on Property (Temporary Restrictions on Transfer) Bill, 1972, is being introduced to replace the said Ordinance.
1, Short title and extent.—(1) This Act may be called the Uttar Pradesh Ceiling on Property (Temporary Restrictions on Transfer) Act, 1972.
I. Received the assent of the President on September 9, 1972 and published
in U. P. Gazette, Extra., dated 11th September, 1972, pp. 3-4.
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LUCKNOW LAW TIMES [1972
(2) It extends to the whole of Uttar Pradesh.
2. Definitions.—In this Act, unless the context otherwise requires—
"agricultural land" means land held or occupied for purposes con- nected with agriculture, horticulture or animal husbandry (which includes pisciculture and poultry farming), and includes any buildings, trees, wells and other improvements existing on such land;
"urban property" means all lands and buildings situated in any area which is comprised within the jurisdiction of a Nagar Mahapalika, Municipal Board, Notified Area Committee, Town Area Committee or a Cantonment Board, but does not include any plant, machinery or other fixture affixed to the land or con- tained in a building for the purpose of trade, commerce, business, industry or such other similar activities;
"widely held company" means a company (not being a private company) as defined in Companies Act, 1956, the shares of which are listed in a recognized .stock exchange in India in accordance with the Securities Contracts (Regulation) Act, 1956 and the rules made thereunder.
3. Restrictions on transfer.—(1) During a period of three months from July 12, 1972, no person shall, save as expressly provided in sub-sections
(3) and (4), transfer any urban property or agricultural land. Every transfer made in coniravention of sub-section (1) shall be void and shall accordingly be ignored for purposes of determining any ceiling limit that may hereafter be imposed under any law.
Nothing in sub-section (1) shall be deemed to apply to— a lease of &ban property for a term not exceeding one year; a lease of agricultural land in the cases provided for in Section 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950;
any transfer by or in favour of—
the Central Government, the State Government or any local authority;
any corporate body (including a company as defined in Sec- tion 3 of the Companies Act, 1956), in which not less than fifty-one per cent. of the •paid up share capital is held by the Central Government, or the State Govertunent, or
partly by the Central Government and partly by the State Government;
any University established by law, the Uttar Pradesh State Electricity Board or any other corporation established by law or owned or controlled by the Central Government or the State Government;
a co-operative society to the share capital of which the State Government has subscribed directly or in the formation or augmentation of the share capital of which it has assisted indirectly as provided in Chapter VI of the Uttar Pradesh Co-operative Societies Act, 1965, or any apex society within the meaning of that Act or any co-operative land develop- ment bank;
[1972
uires— rposes con- dry (which ludes any on such
d in any f a Nagar - tee, Town at include rid or con- ommerce, a private shares of India in Act, 1956
PART IV] U. P. CIVIL LAWS AMENDMENT ACT, 1972 179
any widely held company;
a banking company as defined in clause (f )of Section 2 of Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972, or a Co-operative Bank.
(4) The State Government may, by general or special order and for reasons to be recorded exempt any urban property or agricultural land from the provisions of this Act; and may allow sale or other transfer of such pro- perty or land, in case it is to be used for educational, scientific, industrial or commercial purposes or for similar other purposes.
Restriction on registration.—No document relating to any trans- fer prohibited by Section 3 shall be registered by any registering officer appointed under the Indian Registration Act, 1908,
Act to over-ride any other law or contract.—The provisions of this Act shall have effect notwithstanding anything inconsistent therewith con- tained in any other law or in any contract or other instrument.
Repeal and saving.—(1) The Uttar Pradesh Ceiling on Property (Temporary Restrictions on Transfer) Ordinance, 1972 (U. P. Ordinance No. 15 of 1972), is hereby repealed.
this Act as if this Act had come into force on July 12, 1972. 11 be void ling. limit
`"nw1 YPPTA " • - - ••• • v.— • aitnAn-, fn. . • -
e months b-sections (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under
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