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UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960
(1) This Act may be called the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
(2) It extends to the whole of Uttar Pradesh.
[(3) It shall come into force at once except in the areas mentioned in Section 2, where it shall come into force from such date and in such manner as may be notified under that section, and different dates may be appointed for different areas.
The State Government may, by notification in the Official Gazette, apply the provisions of this Act, subject to such exceptions or modifications, not affecting the substance, as the circumstances of the case may require, to the areas mentioned below -
(i) the urban areas to which the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1950, extends;
(ii) the [Kumaun and Garhwal Division] except the Kashipur Sub-division and such areas of Tarai and Bhabar Sub-division where no intermediaries exist; and
(iii) the Pargana of Jaunsar-Bawar in the Dehra Dim district.
In this Act, unless the context otherwise requires -]
(1) "banking company" has the same meaning as in Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972;
(2) "ceiling area" means the area of land not being land exempted under this Act, determined as such in accordance with the provisions of Section 5;
(3) "company", "Government company" and "public company" have the same meanings as in the Companies Act, 1956;
(4) "co-operative society" means a co-operative society registered under the Uttar Pradesh Co-operative Societies Act, 1965;
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Section 3 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, lays down the definitions crucial for the interpretation and application of the Act. It establishes the scope of land to be considered under the ceiling provisions and clarifies the legal framework for determining land holdings, transfers, and related rights.
Section 3 provides definitions for key terms, including "land," "landholder," "transfer," "surplus land," and other relevant concepts. It specifies the criteria for identifying land subject to ceiling, the manner of calculating holdings, and the exceptions and exemptions applicable under the Act.
Section 3's scope encompasses:- All land holdings within Uttar Pradesh, subject to the definitions.- Both recorded and unrecorded land rights, where relevant.- Transfers, partition, or succession affecting land holdings post the specified date.- Land used for agricultural, residential, or other specified purposes.- The basis for determining surplus land under subsequent sections, especially Sections 10 and 13.
Section 3 itself primarily provides definitions; it does not prescribe punishments. Punitive measures for violations or non-compliance with the Act are detailed in other sections, such as penalties for transfer violations or concealment of land holdings.
In conclusion, Section 3 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, provides vital definitions that delineate the scope of land, rights, and transfers relevant to the ceiling provisions. Its interpretations influence the validity of land declarations, transfers, and the rights of various tenure-holders, both recorded and unrecorded, thereby shaping the enforcement and judicial review of land ceiling laws in Uttar Pradesh.
For purposes of determining the ceiling area under Section 5 or any exemption under Section 6 -
(i) Subject to the provisions of clause (ii), one-and-one-half hectares of unirrigated land or two and a half hectares of grove-land or two-and-a-half hectares or usar land shall count as one hectare of irrigated land;]
(ii) [one-and-one-half hectares of single crop land or two and a half hectares of any other unirrigatcd land] in the following area, namely -
(a) Bundelkhand;
(b) trans-Jamuna portions of Allahabad, Etawah, Mathura, and Agra districts;
(c) cis-Jamuna portions of Allahabad, Fatehpur, Kanpur, Etawah, Mathura and Agra districts up to 16 kilometers from
The prescribed authority shall examine the relevant Khasras for the years 1378 Fasli, 1979Fasli and 1380 Fasli, the latest village map and such other records as it may consider necessary, and may also make local inspection where it considers necessary and thereupon if the prescribed authority is of opinion :-
firstly, (a) that, irrigation facility was available for any land in respect of any crop in any one of the aforesaid years; by -
(i) any canal included in Schedule NO. 1 of irrigation rates notified in Notification No. 1579-W/XXIII-62-W-1946, dated March 31, 1953, as amended from time to time; or
(ii) any lift irrigation canal; or
(iii) any State tube-
(1) [On and from the commencement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972], no tenure-holder shall be entitled to hold in the aggregate through-out Uttar Pradesh, any land in excess of the ceiling area applicable to him.
[Explanation I. - In determining the ceiling area applicable to a tenure-holder, all land held by him in his own right, whether in his own name, or ostensibly in the name of any other person, shall be taken into account.]
Explanation II. - [If on or before January 24,1971, any land was held by a person who continues to be in its actual cultivatory possession and the name of any other person is entered in the annual register after the said date] either in addition to or to the exclusion o
Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, plays a pivotal role in regulating land holdings by imposing ceilings to promote equitable land distribution and prevent concentration of land ownership. It establishes the framework for determining the ceiling area for tenure-holders and restricts transfers that could undermine the objectives of the Act.
Section 5 primarily deals with the imposition of ceiling limits on land holdings of tenure-holders. It specifies that:- Land held by a tenure-holder in excess of the prescribed ceiling area shall be liable to be surrendered to the State [Source: "State Of U. P. VS District Judge"].- It details the treatment of transfers made after a specific date (generally 24th January 1971), stating such transfers shall be ignored in calculating the ceiling area unless they meet certain conditions [Source: "PADMA KUMAR DEVI VS STATE OF UTTARAKHAND"].- It prohibits transfers during the pendency of proceedings for surplus land determination, rendering such transfers void [Source: "PADMA KUMAR DEVI VS STATE OF UTTARAKHAND"].- The section also provides exceptions for transfers proved to be in good faith and for adequate consideration, and for transfers in favor of certain persons or entities [Source: "PADMA KUMAR DEVI VS STATE OF UTTARAKHAND"].
While Section 5 itself primarily deals with the imposition of ceilings and restrictions on transfers, violations such as making transfers during proceedings or transferring land in excess of the ceiling can lead to:- Declaration of land as surplus.- Surrender of excess land.- Potential penalties under other provisions of the Act or related laws for non-compliance or illegal transfers [Source: "HARDEV SINGH VS PRESCRIBED AUTHORITY, KASHIPUR"].
In summary, Section 5 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, establishes the legal framework for imposing land ceilings, regulating transfers, and safeguarding the process against manipulations. Its provisions aim to ensure equitable land distribution while protecting bona fide transactions, subject to strict procedural compliance and judicial scrutiny.
(1) Notwithstanding anything contained in this Act, land falling in any of the categories mentioned below shall not be taken into consideration for the purposes of determining the ceiling area applicable to, and the surplus land of a tenure-holder, namely -]
(a) land used for an industrial purpose (that is to say, for purposes of manufacture, preservation, storage or processing of goods), and in respect of which a declaration under Section 143 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, subsists;
(b) land occupied by a residential house;
(c) land used as cremation ground or as a graveyard, but excluding cultivated land;
(d) land used for tea, coffee or rubber plantations, and to
Section 6 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, primarily deals with the exemption of specific types of land from the ceiling provisions. It aims to delineate which lands are excluded from the scope of land ceiling laws, thereby providing clarity on the scope of land that can be subjected to surplus land proceedings.
Section 6 stipulates that notwithstanding the provisions of the Act, certain lands falling within specified categories are exempted from the ceiling restrictions. These exemptions include lands classified under particular categories such as plantation lands, lands used for certain purposes, or lands held under specific conditions as prescribed by rules. The section emphasizes that these exemptions are to be interpreted liberally to promote the objectives of land reforms.
Section 6 itself does not specify any punishment. Its primary function is to delineate exemptions. However, misuse or false claims regarding lands exempted under this section could attract penalties under the general provisions of the Act or the rules framed thereunder.
Note: The references are based on the provided sources, primarily from the document with code "Gangadeen VS State Of U. P. " which discusses Section 6 in detail, along with other related provisions and judicial interpretations.
No suit shall lie for the specific performance of any contract for transfer of any land where such transfer is liable to be ignored under sub-section (6) of Section 5
Where the land held by the wife or minor son or daughter of a tenure-holder has been aggregated with the land held by the tenure-holder's family under [clause (a) or clause (b)] of sub-section (3) of Section 5, the land left with them shall be deemed to be held jointly by them in proportion to the market value of the land respectively held by them before the declaration of surplus land under this Act.
(1)]As soon as may be, after the date of enforcement of this Act, the Prescribed Authority shall, by general notice, published in the Official Gazette, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the date of enforcement of this Act, to submit to him within 30 days of the date of publication of this notice, a statement in respect of all his holdings in such form and giving such particulars as may be prescribed. The statement shall also indicate the plot or plots for which he claims exemption and also those which he would like to retain as part of the ceiling area applicable to him under the provisions of this Act.
[(2) As soon as may be after the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, the Prescribed Authority shall, by like general
(1) In every case where a tenure-holder fails to submit a statement or submits an incomplete or incorrect statement, 1 required to be submitted under Section 9, the Prescribed Authority shall, after making such enquiry as he may consider necessary either by himself or by any person subordinate to him, cause to be prepared a statement containing such particulars as may be prescribed. The statement shall in particular indicate the, land, if any, exempted [under Section 6] and the plot or plots proposed to be declared as surplus land.
(2) The Prescribed Authority shall thereupon cause to be served upon every such tenure-holder in such manner as may be prescribed, a notice together with a copy of the statement prepared under sub-section (1) calling upon him to show cause within a period specified in the notice, why the statement be not tak
(1) Where the statement submitted by a tenure-holder in pursuance of the notice published under Section 9, is accepted by the Prescribed Authority or where the statement prepared by the Prescribed Authority under Section 10 is not disputed within the specified period, the Prescribed Authority shall accordingly, determine the surplus land of the tenure-holder.
(2) The Prescribed Authority shall, on application made within thirty days from the date of the order under sub-section (1) by a tenure-holder aggrieved by such order passed in his absence and on sufficient cause being shown for his absence set aside the order and allow such tenure-holder to file objection against the statement prepared under Section 10 and proceed to decide the same in accordance with the provisions of Section 12.
(1) Where an objection has been filed under sub-section (2) of Section 10 or under sub-section (2) of Section 11, or because of any appellate order under Section 13, the Prescribed Authority shall, after affording the parties reasonable opportunity of being heard and of producing evidence, decide the objections after recording his reasons, and determine the surplus land.
(2) Subject to any appellate order under Section 13, the order of the Prescribed Authority under sub-section (1) shall be final and conclusive and be not questioned in any Court of law.
In determining the surplus land under Section 11 or Section 12, the Prescribed Authority shall, as far as possible, accept the choice indicated by the tenure-holder to the plot or plots which he and other members of his family, if any, would like to retain as part of the ceiling area applicable to him or them under the provisions of this Act, whether indicated by him in his statement under Section 9 or in any subsequent proceedings :
Provided that -
(a) the Prescribed Authority shall have regard to the compactness of the land to be included in the ceiling area applicable to the tenure-holder;
(b) where the tenure-holder's wife holds any land which is aggregated with the land held by the tenure-holder for purposes of determination of the ceiling ar
(1) Any party aggrieved by an order under sub-section (2) of Section 11 or Section 12, may, within thirty days of the date of the order, prefer an appeal to the [Commissioner] within whose jurisdiction the land or any part thereof is situate.
(2) The [Commissioner] for "District Judge" (w.e.f. 13.1.1986). shall dispose of the appeal as expeditiously as possible and his decision thereon shall be final and conclusive and be not questioned in any Court of law.
(3) Where an appeal is preferred under this section, the [Commissioner] may stay enforcement of the order appealed against for such time and on such conditions as may be considered just and proper :
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(1) The Prescribed Authority may, at any time, within a period of two years from the date of the notification under [sub-section (4) of Section 14], rectify any mistake apparent on the face of the record :
Providing that no such rectification which has the effect of increasing the surplus land shall be made, unless the Prescribed Authority has given notice to the tenure-holder of its intention to do so and has given him a reasonable opportunity of being heard.
(2) The provisions of Sections 10, 11, 12, 12-A, 13, 14, [15 and 16] shall mutatis mutandis apply in relation to any proceeding under sub-section (1), and for purposes of application of Section 10, the notice under the proviso to sub-section (1), shall be deemed to be a notice under Sectio
(1) The Collector shall at any time after -
(a) in case, whether the order passed under sub-section (1) of Section 11 has become final, the date of its so becoming final; or
(b) in case, where no appeal has been preferred under Section 13, the date of expiry of the period of limitation provided therefor; or
(c) in case, where an appeal has been preferred under Section 13, the date of its decision,
take possession of the surplus land determined under Section 11, Section 12 or Section 13 and also of any ungathered crop or fruits of trees, not being crops or fruits to which sub-section (1) of Section 15 applies, after evicting any person found in occupation of such land, crops or fruits and may for that pu
(1) Where possession of the surplus land is taken by the Collector under the provisions of [sub-section (1) of Section 14], the Collector shall permit the person in possession -
(a) to tend, gather or remove any ungathered crop or fruits of trees on such land within such period as may be necessary; and
(b) to remove any other property belonging to such person and existing on such land within such period, not being less than twenty-one days from the date of the order, as the Collector may fix in this behalf.
[Explanation. - For the purposes of this section, the expression 'ungathered crops or fruits of trees' means any crop or fruits which existed on [the date of taking possession of the surplus land] under sub-section (1) of Section 14 and does no
Where any tenure-holder holds any land on or after the commencement of the Utta Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, in excess of the ceiling area applicable to him, he shall be liable to pay to the Staff Government for the period commencing from the first day of July, 1973, until the date on which the Collector takes possession of such surplus land [** *] under Section 14, or the date on which the tenure-holder voluntarily delivers possession to the Collector under [the said section] whichever is earlier, such compensation for use and occupation as may be prescribed.
(1) Subject to the provisions of sub-section (2), every tenure-holder, whose surplus land has vested in the State under the provisions of this Act, shall be entitled to receive and be paid [amount] as laid down in the Schedule and as determined in the manner provided hereinafter.
[(2) The sub-tenant or asami of the tenure-holder, not being an asami mentioned in Section 11 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, shall be entitled to receive and be paid a portion out of the amount payable to the tenure-holder. The proportion of amount payable to the sub-tenant or the asami shall be the aggregate of the land revenue for the unexpired period of his subordinate interest computed at hereditary rates, so however, that the sub-tenant or the asami shall not in any case, be entitled to more that one-fourth of the amount payab
Notwithstanding anything in Section 17, following provisions shall apply in respect of [amount] payable to those public religious or charitable waqfs, trusts, endowments or institutions, a part of the income from which is utilized for religious or charitable purposes, namely -
(i) the surplus land held by such waqf, trust, endowment or institution shall be deemed to be divided into two parts in the same proportion in which its income is utilized respectively for religious or charitable purposes and for other purposes;
(ii) so far that part of the surplus land, the income from which is utilized for religious or charitable purposes is concerned, an annuity equivalent to the annual average of the actual net profits during the five years preceding July 1,1972, to be determined in the prescribed
(1) Where as a result of any order passed on appeal under this Act or of any other order of any Court or tribunal the possession of any land transferred to or vested in the State Government [* * *] Section 14 is required to be restored to any tenure-holder or his successor-in-interest or any other person, whether before or after the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, the Prescribed Authority shall order the tenure-holder to refund the whole or, as the case may be, [the proportionate part of the amount] paid to him.
(2) Any such amount remaining unpaid shall be recoverable by the State Government as an arrear of land revenue.
All proceedings relating to assessment and payment of [amount payable under Section 17] shall be had before the Prescribed Authority appointed by the State Government in this behalf.
(1) The Prescribed Authority shall, in respect of every person entitled to[the amount payable under Section 17], cause to be prepared a draft assessment roll in such form and in such manner as may be prescribed.
(2) The draft assessment roll prepared under sub-section (1), together with a notice calling upon every person referred to in that sub-section, to show cause within twenty-one days from the date of service thereof, why the draft assessment roll be not taken as final, shall be served on every such person in such manner as may be prescribed.
(1) Where no objection is filed under Section 19, as to the correctness of the draft assessment roll, the Prescribed Authority shall declare it as the Assessment Roll.
(2) The Prescribed Authority shall, on application made within thirty days from the date of the order under sub-section (1) by the persons aggrieved by such order passed in his absence and on sufficient cause being shown for his absence set aside the order and allow such person to show why the draft assessment roll be not taken as final.
(3) An appeal shall lie from an order passed under sub-section (2) within thirty days of the date of that order, to the [Commissioner]within whose jurisdiction the land or any part thereof is situate.
(1) The Prescribed Authority shall hear any person showing cause under sub-section (2) of Section 19 or in pursuance of any order under sub-section (2) or sub-section (3) of Section 20, and after affording an opportunity to such person for the production of evidence, give his decision in writing with reasons therefor. The Prescribed Authority shall prepare and declare the assessment roll in accordance with such decisions.
(2) An appeal shall lie from an order passed under sub-section (1), within thirty days of the date of that order, to the [Commissioner] in whose jurisdiction the land or any part thereof is situate.
(3) The [Commissioner] shall hear and decide the appeal as expeditiously as possible and, where necessary, tire assessment roll sh
(1) The amount entered in assessment roll shall be deemed to have become due on the date on which possession of the land is taken under Section 14, and where possession of different lands of the person entitled to the amount is taken on different dates, on the last of such dates.
(2) There shall be paid by the State Government on the amount entered in the assessment roll, interest at the rate of 3½ per cent per annum from the date it becomes due under sub-section (1) to the date of its final determination under Section 20 or Section 21, as the case may be.
(3) Subject to the provisions of Section 23, the amount with interest referred to in sub-section (2) shall be paid -
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Where before any Court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to the whole or part of the amount [* * *] payable under this Act, the Court or authority may require the Prescribed Authority to place at its disposal the amount so payable or to dispose it of in accordance with its orders. The Prescribed Authority shall comply with any such order of the Court or authority.
[* * *]
The State Government may, instead of settling any surplus land in accordance with the provisions of this Act, use, or permit the use, either temporarily or permanently, of the whole or any portion of such land for any purpose for which such land could have been acquired under the Land Acquisition Act, 1894.
(1) All settlement of surplus land vested in the State shall be made on behalf of the State Government by the Collector in accordance with the provisions of [Sections 26-A and 27].
(2) [x x x]
The surplus land let out to any person for an interim period under sub-section (2) of Section 26, as it stood immediately before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1969, shall at the end of such period, be resumed by the Collector and thereafter, settled in accordance with the provisions of Section 27 :
Provided that where such person is a person who would, if the surplus land so let out were excluded from consideration and if he was resident of the circle, he would have fallen under any of the clauses (b) to (It) of sub-section (1) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, then so much of such land, as together with the area, if any, otherwise held by him aggregate to not more than 1.26 hectares (3.125 acres), shall, at the desire of that person, either before or
(1) The State Government shall settle out of the surplus land in a village in which no land is available for community purposes or in which the land as available is less than 15 acres with the [Gaon Sabha] of that village so however that the total land in the village available for community purposes after such settlement does not exceed 15 acres. The land so settled with the [Gaon Sabha] shall be used for planting trees, growing fodder or for such other community purposes, as may be prescribed.
[(2) The State Government may either settle any surplus land in accordance with sub-section (1) sub-section (3) or use or permit its use in accordance with Section 25 or manage or otherwise deal with it in such manner as it thinks fit.]
[(3) Any remaining
(1) All settlement of land 1 under [Section 26-A or Section 27] shall be made in the maimer and subject to such terms and conditions as may be prescribed.
(2) [x x x]
(3) Notwithstanding the provisions of any law for the time being in force no person with whom any land has been settled under [Section 26-A or Section t 27] or to whom land has been let out under sub-section (2) of Section 26 [as it t stood immediately before the commencement of U.P. Land Laws (Amendment) Act, 1969] shall acquire any right in such land in derogation of the terms and conditions under which the land has been settled or let out.
Where after the date of enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, -
(a) one land has come to be held by a tenure-holder under a decree or order of any Court, or as a result of succession or transfer, or i by prescription in consequence of adverse possession, and such land together with the land already held by him exceeds the ceiling area applicable to him; or
(b) any unirrigated land becomes irrigated land as a result of irrigation from a State irrigation work or any grove-land loses its character as grove-land or any land exempted under this Act ceases to fall under any of the categories exempted],
the ceiling area shall be liable to be redetermined [and accordingly the provisions of this Act,
(1) Where any land has become liable to be treated as surplus land [* * *] under Section 29, the tenure-holder shall, within such period as may be prescribed submit, a statement to the Prescribed Authority in the form and in the manner laid down under Section 9 indicating in the statement the plot or plots which he would like to retain as a part of his ceiling area.
(2) (a) Where the statement submitted under sub-section (1) is accepted by the Prescribed Authority, it shall proceed to determine the surplus land accordingly.
(b) Where a tenure-holder fails to submit a statement required to be submitted under sub-section (1) or submits an incomplete or incorrect statement, the Prescribed Authority shall proceed in the manner laid down under Sectio
Where after the imposition of ceiling under this Act, any land is, by recession of any river, added to any holding, under any law or custom and the area of the land so added, together with the area of other existing land held by a tenure-holder, exceeds the ceiling area applicable to him -
(i) such land shall, to the extent necessary to make up the ceiling area applicable to him and contiguous to his existing holding, be deemed to be settled with the tenure-holder subject to the payment of proportionate additional land revenue and on the same terms and conditions as his existing holding;
(ii) Bengal Regulation XI of 1825. - The area in excess of the ceiling area applicable to tenure-holder, shall, notwithstanding anything to the contrary in the Bengal Alluvion or Diluvion Regulation, 1825, o
(1) The State Government shall be a party to every proceeding under the provisions of this Act.
(2) Notwithstanding anything contained in this Act, the period of limitation for filing an appeal by State Government shall be ninety days from the date of the order appealed against.
(1) For the purposes of this Act -
(i) the Prescribed Authority may, in areas where no hereditary rates have been sanctioned, fix the hereditary rates on such principles as may be prescribed; and
(ii) the State Government may, in areas where marked changes have taken place since the last settlement in the extent of cultivated land, extent and manner of irrigation, means of communication, density of population or the cropping system, modify, by publication in the Official Gazette, the existing sanctioned hereditary rates in the manner prescribed.
(2) The fixation of hereditary rates under clause (i) or the modification thereof under clause (ii) of sub-section (1) shall be so done that the fixation or modification of rates, as the case may be, for t
[* * *]
(1) Whoever -
(a) fails to submit a statement as required under sub-section (2) or sub-section (2-A) of Section 9, or sub-section (1) of Section 30, or to furnish an affidavit under sub-section (1) of Section 38-A; or
(b) makes or submits a statement or furnishes any information in a document referred to in clause (a) which is false and which he has reason to believe to be false; or
(c) otherwise contravenes any order passed under this Act; or
(d) obstructs any person from taking possession of any land in accordance with the provisions of this Act; or
(e) transfers any land in contravention of sub-section (8) of Section 5, or sub-section (2) of Section 6;
No Court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government, or an officer authorised by the State Government.
(1) If the person committing any offence under this Act is a company, every person who at the time the offence was committed was incharge of, and was responsible to, the company for the conduct of its business, as well as the company shall be deemed to be guilty of the offence and shall be liable to be punished under Section 35 :
Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been comm
Any officer or authority holding an enquiry or hearing an objection under this Act, shall, insofar as it may be applicable, have all the powers and privileges of a Civil Court, and follow the procedure laid down in the Code of Civil Procedure, 1908, for the trial and disposal of suits relating to immovable property.
(1) In hearing and deciding an appeal under this Act, the appellate Court shall have all the powers and the privileges of a Civil Court and follow the procedure for the hearing and disposal of appeals laid down in the Code of Civil Procedure, 1908.
(2) Where, under the provisions of this Act, an appeal has to be heard by the [Commissioner], he may either hear the appeal himself or transfer it for hearing to [ any [Additional Commissioner] ] subordinate to him.
(1) Where the Prescribed Authority or the appellate Court considers it necessary for the enforcement of the provisions of this Act, it may, at any stage of the proceedings under this Act, require any tenure-holder to furnish such particulars by affidavit in respect of the land held by him and members of his family as may be prescribed.
(2) The particulars of land filed under sub-section (1) may be taken into consideration in determining the surplus land of such tenure-holder.
No finding or decision given before the commencement of this section in any proceeding or on any issue (including any order, decree or judgment) by any Court, tribunal or authority in respect of any matter governed by this Act, shall bar the retrial of such proceeding or issue under this Act, in accordance with the provisions of this Act as amended from time to time.
No suit, prosecution or other legal proceeding shall lie against any person for anything done or purported to be done in good faith and in pursuance of this Act or any rule framed or other passed under this Act.
Where any sum is payable by any person to the State Government, under the provisions of this Act, the same may, without prejudice to any other mode of recovery, be realised by deduction from the amount, if any, payable to such person under Chapter III, or as an arrear of land revenue.
All arrears of land revenue, or cases or other dues in respect of any holding or holdings, part or parts whereof have been acquired under this Act and all amounts due from the holder thereof under the Land Improvement Loans Act, 1883 or the Agricultural Loans Act, 1884 or the U.P. Agricultural Income Tax Act, 1948 or the U.P. Large Land Holdings Tax Act, 1957 may, without prejudice to any other mode of recovery, be recovered by deducting the outstanding amount from the [amount] payable under Chapter III.
The provisions of [Sections 4, 5 and 12 of the Limitation Act, 1963], shall be applicable to all proceedings including proceedings in appeals, applications and objections under this Act.
The powers of the Collector under this Act [* * *], may be exercised by an Assistant Collector of the first class incharge of the sub-division in which the surplus land lies or by any other Assistant Collector of the first class specially empowered by the Collector in this behalf.
[(1) The State Government may, by notification make rules for carrying out the purposes of this Act.]
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for ail or any of the following matters, namely -
(a) the manner in which any notice or order under this Act may be served or published;
(b) the procedure which the Collector shall follow while exercising powers conferred by this Act;
[(bb) conditions pertaining to the grant of permission to transfer land under sub-section (2) of Section 6];
(c) the manner and the principle under which expenses, referred to in
(1) With effect from the thirtieth day of June, 1961, the U.P Large Land Holdings Tax Act, 1957 (U.P. Act XXXI of 1957), except Section 28 thereof, shall stand repealed.
(2) Notwithstanding the repeal of the U.P. Large Land Holdings Tax Act, 1957, and without prejudice to the provisions of the U.P. General Clauses Act, 1904, the repeal under sub-section (1) shall not -
(a) affect the previous operation of the Act so repealed or anything done or suffered thereunder; or
(b) affect any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or
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