Preliminary Haryana Act No. 26 of 1972

Received the assent of the President of India on the 22nd December, 1972, and first published in Haryana Government Gazette (Extraordinary) of December 23, 1972.

An Act to consolidate and amend the law relating to ceiling on land holdings in the State of Haryana.

Be it enacted by the Legislature of the State of Haryana in the Twenty-third Year of the Republic of India as follows :-

Legal Comments

• "Introduction" - Haryana Ceiling on Land Holdings Act, 1972 aims to promote equitable land distribution by imposing ceilings and redistributing surplus land as part of land reforms - [Jaswant Kaur VS State Of Haryana]

• "Scope/Extent" - The Act extends to the entire State of Haryana and provides a framework for declaration, determination, and utilization of surplus land within that territory - [Jaswant Kaur VS State Of Haryana]

• "Appointed day" - The Act uses an appointed day (24 January 1971) for vesting and fixed rights, around which separate unit and surplus determinations are anchored - [Nagender Singh Chohan VS State Of Haryana]

• "Vesting on appointed day" - Surplus land declared under the Punjab Security of Land Tenures Act, 1953 that has not vested yet is deemed to vest in the State on the appointed day under the Haryana Act - [Surjit Singh VS State Of Haryana]

• "No fresh computation on death" - The death of the original landowner does not require a fresh computation of surplus area; vesting and entitlement are preserved by the appointed day framework - [Surjit Singh VS State Of Haryana]

• "Effect on ownership” - Once surplus land vests in the State, the original landowner ceases to own that surplus area, and heirs cannot inherit the surplus land (subject to specific notwithstanding provisions) - [Gopal VS State Of Haryana]

• "Civil Court jurisdiction barred" - Civil courts have no jurisdiction to entertain suits challenging surplus declarations or allotments; the matter is to be decided by specified authorities under the Act (bar under Sec 26) - [Kali Ram And Ors. VS Miss Asha Chaudhary Alias Asha Kumari And Ors. ]

• "Remedies via appeal under Section 18" - Appeals lie against surplus-related orders (including allotment) under Section 18; civil suits challenging such orders are barred - [Kalu VS Tarloki Nath]

• "Review/ Pending proceedings" - Section 33(2)(ii) saves pending proceedings (including review) and permits continuation/disposal as if the 1972 Act had not yet commenced; Section 24 of the 1953 Act remains relevant for review - [Chanan Mal Newar VS State Of Haryana]

• "Pending interpretation of 'pending' for review" - The term "pending" has been interpreted broadly to include review streams and related steps in the surplus-determination process - [Kariar Kaur VS State Of Haryana]

• "Section 8 exemptions for pre-1958 transfers" - Transfers and dispositions prior to 30 July 1958 can enjoy protection under Section 8, with nuances for preemption and utilization; not all pre-1958 transfers are automatically exempt - [Ishwar Devi VS State Of Haryana]

• "Bona fide purchasers after the appointed day" - A bona fide purchaser after the appointed day is protected under Section 8(1)(b); burden of proving bona fides lies on the transferor - [Balwant Singh VS State of Haryana]

• "Mortgagees and holdings" - A mortgagee’s holding is to be included in the landowner’s computation; mortgage properties cannot be excluded simply because of mortgage until proper, separate considerations apply - [Shrimati Chandro VS State of Haryana]

• "Majority for separate unit (appointed day)" - For determining separate units for sons, the appointed day fixes the majority date (e.g., 24 January 1971) for immutably fixing surplus/personal entitlements - [Nagender Singh Chohan VS State Of Haryana]

• "Redetermination after unutilized surplus" - If surplus land remained unutilized as per earlier rules, redetermination under the 1972 Act may not be required; specific Pepsu-era interactions limit redetermination when unutilized - [State Of Haryana VS Birsala]

• "Exemption when surplus declared but utilized" - If the land has already been utilized/allotted, the benefit of exemption under Section 8 cannot be claimed; utilization may foreclose Section 8 relief - [Ghasitu Singh VS State of Haryana]

• "Rights of legal heirs post-death" - Where succession opens after death of the original owner, the legal heirs' holding rights are guided by 12(3) and downstream judgments; heirs are not treated as identical landowners on the appointed day for surplus purposes - [Jabbar Singh son of Ralla VS Financial Commissioner, Haryana]

• "Succession and vesting interplay" - The declaration of surplus, vesting in State, and subsequent partition/inheritance affect the manner in which shares are redetermined; inheritance can influence shares but does not generally reopen vested surplus - [Jabbar Singh son of Ralla VS Financial Commissioner, Haryana]

• "Precedent on vesting timing" - Several decisions hold that vesting occurs on the appointed day for purposes of the Haryana Act, with death or succession not ordinarily triggering fresh redetermination unless specific contingencies apply - [Surjit Singh VS State Of Haryana], [Gopal VS State Of Haryana]

• "Interplay with Punjab/Pepsu law" - Where earlier Punjab/Pepsu laws declared surplus, their interaction with the Haryana 1972 Act is governed by controlling precedents that restrict recomputation if surplus has vested or been utilized - [Jaswant Kaur VS State Of Haryana], [Ishwar Devi VS State Of Haryana], [State Of Haryana VS Birsala]

• "Constitutionality of key provisions" - The core provisions (including sections governing deposits for appeals and vesting) have faced constitutional scrutiny; notably, Secs 18(7)-(9) deposit rule and Sec 20-A (advocates) were examined for validity - [Sri Chand VS State Of Haryana], [Jaswant Kaur VS State Of Haryana]

• "Ex parte/notice requirements in allotment" - Notice and hearing rights for affected persons and transferees are material; failure to provide notice can jeopardize the validity of certain surplus declarations or require fresh consideration - [STATE OF HARYANA VS HARI OM], [Balwant Singh VS State of Haryana]

• "Utilisation schemes and resettlement" - The Haryana Utilisation of Surplus and Other Areas Scheme (1976) interacts with surplus determinations and resettlement rights of tenants and small landowners; courts emphasize proper procedure and fairness in allotment - [Kirpal Singh VS Financial Commissioner Haryana], [Ram Kumar VS Haryana State]

Notes- The above points synthesize principal precedents and doctrinal statements drawn from the cited cases regarding Preliminary aspects of the Haryana Ceiling on Land Holdings Act, 1972, focusing on introductory principles, vesting, pending proceedings, remedies, and related interpretation. Each point references the corresponding source in square brackets.

Chapter.I Preliminary

S.1 Short title and extent

This Act may be called the Haryana Ceiling on Land Holdings Act, 1972.

(2) It extends to the whole of the State of Haryana.

S.2 Declaration as to giving effect to certain directive principles

It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clauses (b) and (c) of article 39 of the Constitution of India.

S.3 Definitions

In this Act, unless the context otherwise requires, -

(a) "adult" means a person who is not a minor;

(b) "agricultural worker" means a person whose principal means of livelihood is the income he gets as wages in cash or kind or partly in cash and partly in kind, in connection with the agricultural operations he performs;

(c) "appointed day" means the twenty-fourth day of January, 1971;

(d) "banjar land" means land which has remained uncultivated for a continuous period of not less than two years immediately preceding the appointed day;

(e) "Collector" means the Collector of a district or any other officer not below the rank of an Assistant Collector of the first grade empowered in this behalf by the State Government;

[(f) "family" means husband, wife and their minor children or any two or more of them.

Explanation I

S.4 Permissible area

(1) The permissible area in relation to a landowner or tenant or mortgagee with possession or partly in one capacity or partly in another, of person or family consisting of husband, wife and upto three minor children (hereinafter referred to as "the primary unit of family"), shall be, in respect of -

(a) land under assured irrigation capable of growing at least two crops in a year (hereinafter referred to as the land under assured irrigation), 7.25 hectares;

(b) land under assured irrigation capable of growing at least one crop in a year, 10.9 hectares;

(c) land of all other types including land under orchard, 21.8 hectares.

(2) The permissible area shall be increased by one-fifth of the permissible area of the primary unit of family for each additional member of family :

Provided that the permissible area shall not exceed twice the permissible area of the pr

S.5 Act not apply to certain lands

The provisions of this Act shall not apply to-

[(a) land owned by, or vested in, the State Government, otherwise than under the provisions of this Act, or the Central Government or the Faridabad Complex Administration or a Municipal Committee or a Cantonment Board or a Gram Panchayat or the National Dairy Research Institute, Karnal, or such organisation under the administrative control of State or Central Government as the State Government may, by notification, specify;]

(b) land belonging to registered co-operative societies formed for the purposes of co-operative farming :

[Provided that the person joining the society as a member does not own or hold or contribute to the society land in excess of his permissible area and the co-operative society so formed does not own or hold land in excess of the aggregate of the permissible area of its members;]

(c) land belonging to primary a

S.5(a) Exemption of lands belonging to religious or charitable institutions

Notwithstanding any judgment, decree or order of any court or authority, the provisions of this Act shall not apply to lands belonging to any religious or charitable institution of a public nature in existence immediately before the day of commencement of this Act, but not belonging to the Mahant, Mohtamim or manager thereof :

Provided that the exemptions specified herein shall be admissible till such time only as the land or income therefrom is utilised for the specified purpose of such institution and shall not be admissible to the lessees of such lands :

Provided further that except in the case of land belonging to institutions, registered under the Indian Trusts Act, 1882 (Central Act 2 of 1882), or regulated by any statute such as the Sikh Gurdwaras Act, 1925 (Punjab Act 8 of 1925), the Waqf Act, 1954 (Parliament Act 29 of 1954), or customarily recognised, the onus to prove that the land is exempt under this section, s

S.6 Act to over-ride other laws, decrees, orders, etc.

Save as otherwise expressly provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority.

Chapter.II Ceiling on Land and Acquisition and Disposal of Surplus Area

S.7 Ceiling on land

Notwithstanding anything to the contrary contained in any law, custom, usage or agreement, no person shall be entitled to hold whether as landowner or tenant or as a mortgagee with possession or partly in one capacity or partly in another, land within the State of Haryana exceeding the permissible area on or after the appointed day.

[Explanation. - Where the person is a family including the separate unit, if any, the land owned or held by such person together with the land owned or held by the members of the family and the separate unit shall be taken into account for the purposes of calculating the permissible area.]

S.8 Certain transfers [or dispositions] not to affect surplus area.

(1) Save in the case of land acquired by the Union Government or the State Government under any law for the time being in force or by a tenant under the Pepsu law or the Punjab law or by an heir by inheritance, no transfer [or disposition] of land in excess of -

(a) the permissible area under the Pepsu law or the Punjab law after the 20th day of July, 1958; and

(b) the permissible area under this Act, except a bona fide transfer, [or disposition] after the appointed day,

shall affect the right of the State Government under the aforesaid Acts to the surplus area to which it would be entitled but for such transfer [or disposition] :

Provided that any person who has received an advantage under such transfer [or disposition] of land shall be bound to restore it, or to pay compensation for it, to the person from whom he received it.

(2) The burden of proving the t

S.9 Selection of permissible area and persons required to furnish declaration

(1) Every person, who on the appointed day or at any time thereafter holds land exceeding the permissible area, shall [within a period of three months from such date as the State Government may, by notification, specify in this behalf] or subsequent acquisition of land, furnish to the prescribed authority a declaration supported by an affidavit giving the particulars of all his land and that of the separate unit in the prescribed form and manner and stating therein his selection of the parcel or parcels of land not exceeding in the aggregate the permissible area which he desires to retain :

Provided that in case of a member of the Armed Forces of the Union, [the last date for furnishing the declaration shall be the 31st October, 1976].

Explanation I. - Where the person is a member of the family, he shall include in his declaration the particulars of land held by him and also of land, if any, held by other members of the fam

S.10 Selection of permissible area by prescribed authority

If a person fails to select the permissible area in accordance with the provisions of section 9, the prescribed authority may, after collecting the information in such manner as it may deem fit, by order select the permissible area of such person :

Provided that no such order shall be made without giving all persons interested an opportunity of being heard.

S.11 Statement of permissible and surplus areas

[(1) On the basis of information given in the declaration or such information, as may be obtained, the prescribed authority shall prepare a statement in the manner prescribed showing, among other particulars, the total area of land owned or held by a person and the separate unit, their permissible area and the surplus area.]

[(2) The land included in the statement prepared under sub-section (1) as permissible area of the family and the separate unit, shall be owned or held by the members of the family and also the separate unit in the same proportion in which they owned or held land before selection of the permissible area.]

[(3) A copy of statement prepared under sub-section (1) shall be sent to the person concerned and to the tenants of the landowner by registered post and shall be given on demand on payment of fee. Copies of such statement shall also be sent to the Tahsildar and such other officer as may be prescribed.]<

S.12 Vesting of surplus area

(1) The surplus area of a landowner shall, [from the date on which it is declared as such shall be deemed to have been acquired by the State Government for a public purpose] and all rights, title and interest (including the contingent interest, if any, recognised by any law, custom or usage for the time being in force) of all persons in such area shall stand extinguished and such rights, title and interest shall vest in the State Government free from any encumbrance :

Provided that where any land within the permissible area of the mortgagor is mortgaged with possession and falls within the surplus area of the mortgagee, only the mortgagee rights shall be deemed to have been acquired by the State Government and the same shall vest in it.

(2) The right and interest of the tenant in his surplus area which is included within the permissible area of the landowner shall stand extinguished.

[(3) The area decl

S.13 Power to take possession of surplus area

(1) The prescribed authority may, by order in writing, at any time after the date on which the statement in respect of a landowner or tenant has been prepared and copies thereof sent as required by section 11, direct the person in possession of the surplus area acquired and vested under section 12 to deliver possession thereof within ten days of the service of the order on him to such person as may be specified in the order.

(2) If the person in possession of the surplus area refuses or fails without reasonable cause to comply with the order issued under sub-section (1), the prescribed authority may take possession of the surplus area and may for that purpose use such force as may be necessary.

S.14 Power to separate shares of landowners

(1) Where a landowner owns land jointly with other landowners and his share of such land or part thereof has been, or is to be, declared as surplus area, the officer competent to declare such area, or where such area has been declared, the officer competent to utilize it, may on his own motion, after summary enquiry and affording to the persons interested in such land an opportunity of being heard, separate his share of such land or part thereof in the land owned by him jointly with other landowners.

(2) Where, after the declaration of the surplus area of any person and before the utilization thereof, his land has been subjected to the process of consolidation, the officers referred to in sub-section (1) shall be competent to separate the surplus area of such person out of the area of land obtained by him after consolidation.

S.15 Disposal of surplus area

(1) The surplus area acquired or vested under section 12 shall be at the disposal of the State Government.

(2) The State Government may, by notification, frame a scheme for utilizing the surplus area by allotment of land to members of the Scheduled Castes and Backward Classes, landless persons, agricultural workers, tenants, ex-servicemen, tenants liable to ejectment, or persons owning [land measuring less than two hectares of the category specified in clause (c) of sub-section (1) of section 4] or land of equivalent value :

[Provided that -

(i) a tenant holding land declared as the tenant's permissible area under the Punjab law or the Pepsu law, as the case may be, may be allotted land to the extent of the area held by him or the permissible area under this Act, whichever is less;

(ii) a tenant who was allotted and given possession of land in the surplus area by the State Governm

S.16 Principles for payment of amount

(1) Where any land [is acquired or has vested] under section 12, there shall be paid for it an amount calculated at the rates shown in the table below, namely :-

TABLE

Chapter.III Miscellaneous

S.18 Appeal, Review and Revision

(1) Any person aggrieved by any decision or order of the prescribed authority, not being the Collector, may, within [fifteen days] from the date of the decision or order, prefer an appeal to the Collector in such form and manner as may be prescribed :

Provided that the Collector may entertain the appeal after the expiry of the said period of [fifteen days] if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(2) Any person aggrieved by a decision or order of the Collector (whether acting as prescribed authority or not) not being a decision or order made in an appeal under sub-section (1), may, within [fifteen days] from the date of the decision or order, prefer an appeal to the Commissioner in such form and manner as may be prescribed :

Provided that the Commissioner may entertain the appeal after the expiry of the said period of [fifteen days] if he i

S.19 Correction of clerical errors

Clerical or arithmetical mistakes in any order passed by any officer or authority under this Act or errors arising therein from any accidental slip or omission may at any time be corrected by such officer or authority either of his own motion or on an application received in this behalf from any of the parties.

S.20 Officers holding enquiries to have powers of civil courts

Any officer or authority hearing an appeal or a revision under this Act shall have the powers of a civil court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), relating to -

(a) proof of facts by affidavits;

(b) enforcing attendance of any person and his examination on oath;

(c) production of documents;

(d) issue of commission;

and every such officer or authority shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898. (Central Act 5 of 1898)

S.20(a) Bar of appearance of legal practitioner

Omitted vide Act . 18 of 1978.

S.21 Penalty for making false statement

(1) If any person fails to furnish a declaration as required by section 9, or during the course of any proceedings under this Act makes a declaration or statement or furnishes any information which is false or which he knows or has reasons to believe to be false or which he does not believe to be true, he shall be punishable with imprisonment which may extend to [two years], or with fine which may extend to [two thousand rupees], or with both.

[(2) If any person secures an allotment by furnishing information which is false or which he knows or has reason to believe to be false or which he does not believe to be true, he shall be punished with imprisonment which may extend to two years, or with fine which may extend to two thousand rupees, or with both.

(3) No court shall take cognizance of an offence punishable under sub-section (1) or sub-section (2) except on a complaint made by the prescribed authority]

S.22 Summary eviction and fine

(1) Any person who is in wrongful or unauthorised possession of any land -

(a) the transfer [or disposition] of which to him either by the act of parties or by the operation of law is invalid under the provisions of this Act; or

(b) to the use and occupation of which he is not entitled under the provisions of this Act;

may, after summary enquiry, be ejected by the Collector who may also impose on such person a penalty not exceeding five hundred rupees.

(2) The Collector may direct that the whole or any part of the penalty imposed under sub-section (1) shall be paid to the person who has sustained any loss or damage by such wrongful or unauthorised possession of the land.

S.23 Certain Officers to be public servants

Every officer acting under or in pursuance of the provisions of this Act or any rules made thereunder shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860).

S.24 Procedure

In all enquiries and proceedings under this Act, the Collector and any other officer shall have such power and follow such procedure as may be prescribed.

S.25 Court fees

Notwithstanding anything contained in the Court Fees Act, 1870 (Central Act 7 of 1870), every application, appeal or other proceeding under this Act shall bear a court fee stamp of such value as may be prescribed.

S.26 Bar of jurisdiction

(1) No civil court shall have jurisdiction to-

(a) entertain or proceed with a suit for specific performance of a contract for transfer of land which affects the right of the State Government to the surplus area under this Act; or

(b) settle, decide or deal with any matter which is under this Act required to be settled, decided or dealt with by the Financial Commissioner, the Commissioner, the Collector or the prescribed authority.

(2) No order of the Financial Commissioner, the Commissioner, the Collector or the prescribed authority made under or in pursuance of this Act shall be called in question in any court.

S.27 Protection of action taken under this Act

(1) No suit, prosecution or other legal proceeding shall lie against any person in respect of any thing which is in good faith done or intended to be done under or in pursuance of this Act or any rules made thereunder.

(2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions contained in this Act or any rules made thereunder.

S.28 Mode of recovery of amount and penalty

The amount or other sum payable under this Act and the amount of any penalty imposed under this Act may be recovered as an arrear of land revenue.

S.29 Delegation.

The State Government may, by notification, direct that the powers exercisable by it under this Act, shall in such circumstances and under such conditions, if any, as may be specified in the notification, be exercisable also by an officer subordinate to the State Government.

S.30 Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the official Gazette, make such provision or give such directions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.

(2) Every rule made under this section shall be laid, as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without

S.31 Power to make rules

(1) The State Government may, by notification, make rules for carrying out the purposes of this Act.

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

S.32 Withdrawal of exemptions regarding utilisation of surplus area

[As from the appointed day] exemptions granted in relation to the utilisation of surplus area under orchards, tea-estates or well run farms by virtue [the provisions of the Punjab law or the Pepsu law or the rules framed or purported to have been framed thereunder] shall stand withdrawn.

S.33 Repeal and saving

(1) The provisions of the Punjab Security of Land Tenures Act, 1953, and the Pepsu Tenancy and Agricultural Lands Act, 1955, which are inconsistent with the provisions of this Act are hereby repealed.

(2) The repeal of the provisions of the enactments mentioned in sub-section (1), hereinafter referred to as the said enactments, shall not affect -

(i) the applications for the purchase of land under section 18 of the Punjab Law or section 22 of the Pepsu Law, as the case may be, pending immediately before the commencement of this Act, which shall be disposed of as if this Act had not been passed;

(ii) the proceedings for the determination of the surplus area pending immediately before the commencement of this Act, under the provisions of either of the said enactments, which shall be continued and disposed of as if this Act had not been passed, and the surplus area so determined shall vest in, and be util

Sch. The Schedule for Ambala District

[See Section 16(1)]

Valuation Statement Land

(Figures represent value in annas per acre)