THE UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960

U. P. Act No. 1 of 1961

24th December 1960

Passed in Hindi by the Uttar Pradesh Legislative Assembly on September 5, 1960 and by the Uttar Pradesh Legislative Council on September 19, 1960. Received the assent of the President on December 24, 1960, under Article 201 of the Constitution of India and was published in the Uttar Pradesh Gazette Extraordinary, dated January 3, 1961. to provide for the imposition of ceiling on land holdings in Uttar Pradesh and certain other matters connected therewith. Whereas it is necessary in the interest of the community to ensure increased agricultural production and to provide land for landless agricultural labourers and for other public purposes as best to subserve the common good ; And whereas a more equitable distribution of land is essential ; And wherefore, it is expedient to provide for the imposition of ceiling on land holdings in Uttar Pradesh for

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S.Chapter I Preliminary

S.1 Short title, extent and commencement

(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.

S.2 Application of the Act to certain areas with exceptions or modifications

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, 1956 extends ;

(ii) the 2Kumaon and Garhwal Divisions 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 Dun district.

1. Extended to the areas mentioned in sub-clauses (ii) and (iii), vide notification no. 25/Rajaswa—1-73, dated June 11, 1973, with exceptions and modifications as in Appendix.

2. Subs. by sec. 4 of U. P. Act 20 of 1976.

S.3 Definitions

3In 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 ;
(5) 4‘Corporation’ means the statutory cooperation, that is to say, a corporation established by or under an Uttar Pradesh Act or a Central Act.
(6) ‘degree’ or ‘post-graduate college’ means such college as is an affiliated, associated or constituent college in relation to a University ;
(7) ‘family’ in relation to a tenure-holder means himself or herself

S.4 Determination of area for purposes of ceiling and exemptions

10For purposes of determining the ceiling area under Section 5 or any exemption under Section 6 —

(1) Subject to the provisions of this Act, the ceiling area applicable to a tenure-holder shall be calculated after taking into account all the land in any holding in the State held by him, in his own right, whether in his own name or ostensibly in the name of any other person.

(2) (a) The ceiling area of a tenure-holder shall be forty acres of Fair Quality Land.

(b) Where the tenure-holder has, or consists of a family having more than five members the ceiling area of such tenure-holder shall be the area mentioned in clause (a) together with eight acres of Fair Quality Land for every additional member of the family, subject to a maximum of twenty-four such acres ;

Provided that, if at any time the family comes to consist of not more than five members, all land held by the tenure-holder in excess of the ceiling area under clause (a) shall become li

S.4A Determination of irrigated land

13The prescribed authority shall examine the relevant khasras for the years 1378 Fasli, 1379 Fasli 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-well or a private irrigation work ; and
(b) that at least two crops were grown in such land in any one of the aforesaid years ; or

Secondly, that irrigation facility became available to any land by a State Irrigation Work coming into operation subseque

S.Chapter II Imposition of ceiling on land holdings, exemption and acquisition of surplus land

S.5 Imposition of ceiling

14(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, throughout Uttar Pradesh, any land in excess of the ceiling area applicable to him.

15Explanation 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 — 16If on or before January 24, 1971, any land was held by a person who continues to be in its actual cultivatory possessions 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 of the former and whether on the basis of deed of transfer or license or on the basis of a decree, it shall be presumed, unless the contrary is proved to the satisfaction of the prescribed author

S.6 Exemption of certain land from the imposition of ceiling

28(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 grave—yard, but excluding cultivated land ;
(d) land used for tea, coffee or rubber plantations, and to the extent prescribed, land required for purposes ancillary thereto and for development of such plantations ;
(e) land held from before January 24, 1971 for purposes of a stud farm to the extent prescribed ;
(

S.7 Bar of suit on basis of certain contracts for transfer of land

34No 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.

34. Subs. by sec. 3 of Act no. 18 of 1973 ;

S.8 Rights of tenure holder and other members of his family in land held within ceiling area

35Where 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 36clause (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.

35. Subs. by sec. 3 of U.P. Act no. 18 of 1973.

36. Subs. by sec. 8 of U. P. Act 2 of 1975.

S.9 General notice to tenure holders holdings land in excess of ceiling area for submission of statement in respect thereof

37(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 the 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.

38(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 notice, call upon every tenure-holder holding land in excess of the ceiling area applicable to him on the enforcement

S.10 Notice to tenure holders failing to submit a statement or submitting an incomplete or incorrect statement

(1) In every case where a tenure-holder fails to submit a statement or submits an incomplete or incorrect statement, 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 41Section 6 and the plot --- 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 taken as correct. The period specified shall not be less than ten days from the date of service of the notice.

41. Subs. by sec. 5

S.11 Determination of surplus land where no objection is filed

(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.

(3) Subject to the provisions of sub-section (2) and Section 13 the order of the Prescribed Authority shall be final and conclusive and be not questioned in any court of law.

S.12 Determination of the surplus land by the Prescribed Authority where an objection is filed

(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.

S.12A Insertion of new section 12A

42In 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-holders for purposes of determination of the ceiling area, and his wife has not consented to the choice indicated by the tenure-holder as to the plot or plots to be retained as part of the ceiling area applicable to them, then the prescribed authority shall, as

S.13 Appeals

(1) Any party aggrieved by an order under sub-section (2) of Section 11 of Section 12, may, within thirty days of the date of the order, prefer an appeal to the 45Commissioner within whose jurisdiction the land or any part thereof is situate.

(2) The 45Commissioner 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 45Commissioner may stay enforcement of the order appealed against for such time and on such conditions as may be considered just and proper:

46Provided that the enforcement of the order appealed against shall not be stayed in respect of that part of the land, the surplus character of which was either not disputed in an objection under sub-section (2) of Section 10 or under sub-section (2) of Section 11 or is not disputed in the appeal of any stay or

S.13A Redetermination of surplus land in certain cases

47(1) The prescribed authority may, at any time, within a period of two years from the date of the notification under 48sub-section (4) of section 14 rectify any mistake apparent on the face of the record :

Provided 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 4915 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 Section 9.

47. Inserted by sec. 7 of U. P. Act no. 18 of 1973.

48. Subs. by sec. 3 of U. P. Act no. 56 of 1976.

49. Subs. by sec. 10 of U. P. Act no. 20 of 197

S.14 Acquisition of surplus land

50(1) The Collector shall at any time after —

(a) in case, where 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

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 purpose use or cause to be used such force as may be necessary.

(2) Notwithstanding anything contained in sub-section (1) a tenure-holder may, at any time, voluntarily deliver possession to the Collector over the whole or any part of the

S.15 Disposal of property left on surplus land

(1) Where possession of the surplus land is taken by the Collector under the provisions of 51sub-section (1) of section 14 the Collector shall permit the person in possession —

(i) to tend, gather or remove any ungathered crop or fruits of trees on such land within such period as may be necessary ; and

(ii) 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.

52Explanation—For the purposes of this section, the expression ‘ungathered crops or fruits of trees’ means any crop or fruits which existed on 53the date of taking possession of the surplus land under sub-section (1) of section 14 and does not include any subsequent crop or fruits of trees.

(2) On failure of the person concerned to gather or remove the crop or fruits of trees or any other property on the surplus land,

S.16 Damages for use and occupation of surplus land

54Where any tenure-holder holds any land on or after the commencement of the Uttar 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 State 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 55said section whichever is earlier, such compensation for use and occupation as may be prescribed.

54. Ins. by sec. 13 of U. P. Act no. 20 of 1976.

55. Subs. by sec. 6 of U.P. Act no. 56 of 1976.

S.Chapter III Determination and payment of amount

S.17 Manner of calculation of amount

(1) Subject to the provisions of the 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 56amount as laid down in the Schedule and as determined in the manner provided hereinafter.

57(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 than one-fourth of the amount payable to the tenure-holder. The amount shall be apportioned between the tenure-holder and the sub-tenant or the asami

S.17A Payment of amount to waqfs, trusts, etc.

59Notwithstanding in Section 17, the following provisions shall apply in respect of amount payable to those public religious or charitable waqfs, trust, endowments or institutions, a part of the income from which is utilized for religious or charitable purposes and for other purposes ;

(i) the surplus land held by such waqf, trust, endowment or institution shall be deemed to be divided into two parts in the same proportions 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 manner shall be payable in lieu of the amount referred to in Section 17, and the provisions of Sections 18, 19, 20, 21, 22 and 23, shall mutatis mutandis app

S.17B Refund of amount in certain cases

61(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 under 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 Compensation Officer shall order the tenure-holder to refund the whole or, as the case may be 62the 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.

61. Inserted by sec. 10 of U. P. Act no. 18 of 1973.

62. Subs. by sec. 16(b) of U. P. Act no. 20 of 1976.

S.18 Compensation Officer

All proceedings relating to assessment and payment of 63amount payable under section 17 shall be held before the Compensation Officer appointed by the State Government in this behalf.

63. Subs. by sec. 17 of U. P. Act no. 20 of 1976.

S.19 Preliminary publication of the Draft Compensation assessment Roll

(1) The Compensation Officer shall, in respect of every person entitled to 64the amount payable under section 17 cause to be prepared a draft compensation assessment roll in such from and in such manner as may be prescribed.

(2) The draft compensation 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 compensation assessment roll be not taken as final, shall be served on very such person in such manner as may be prescribed.

64. Subs. by sec. 18 of U. P. Act no. 20 of 1976.

S.20 Cases where no objections are filed

(1) Where no objection is filed under Section 19, as to the correctness of the draft compensation assessment roll, the Compensation Officer shall declare it as the Compensation Assessment Roll.

(2) The Compensation Officer shall, on application made within thirty days from the date of the order under sub-section (1) by the person 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 cause why the draft compensation 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 65Commissioner in whose jurisdiction the land or any part thereof is situate.

65. Subs. by sec. 2 of U. P. Act no. 3 of 1986.

S.21 Disposal of objections

(1) the Compensation Officer 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 Compensation Officer shall prepare and declare the compensation 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 66Commissioner in whose jurisdiction the land or any part thereof is situate.

(3) The 66Commissioner shall hear and decide the appeal as expeditiously as possible and, where necessary, the compensation assessment roll shall be amended in accordance with such decision.

(4) Subject to the correction of any clerical or arithmetical mistake by the Compensation officer or the 66Commis

S.22 Manner of payment of amount

67(1) The amount entered in the 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 31 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 —

(i) if it does not exceed rupees one thousand, in cash in one lump sum ;

(ii) in any other case, in five annual installments of which the first installment shall be of rupees one thousand, and the remainder shall be payable in four years in annual equal installment :

S.23 Amount to be placed at the disposal of the Court or authority

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 68amount payable under this Act, the Court or authority may require the Compensation Officer to place at its disposal the amount so payable or to dispose it of in accordance with its orders. The Compensation Officer shall comply with any such order of the Court or authority.

68. Subs. by sec. 20(a) of U. P. Act no. 20 of 1976. (heading substituted).

S.Chapter IV Disposal and Settlement of Surplus Land

S.24 Omitted

Omitted.

S.25 Use of surplus land for other public purposes

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.

S.26 Settlement or letting out of surplus land by Collector

(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 69Section 26-A and 27.

(2) Omitted.

69. Inserted by sec. 28 (i) of U. P. Act No. 4 of 1969.

S.26A Settlement of land let out for interim period before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1969

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 where excluded from consideration and if he were a resident of the circle would have fallen under any of the clauses (b) to (h) 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 at the end of such period, be settled by the Collector with that very person.

S.27 Settlement of surplus land

(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 70Gaon 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 70Gaon 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) or sub-section (3) or use or use or per not its use in accordance with section 25 or manage ro otherwise deal with it in such manner as it thinks fit.

(3) Any remaining surplus land shall be settled by the any Collector in accordance with the order of preference, and subject to the limits, specified respectively in 71sub-section (1) and (3) of Sectio

S.28 Terms and conditions of settlement

(1) All settlement of land under Section 26-A or Section 27 shall be made in the manner and subject to such terms and conditions as may be prescribed.

(2) Omitted.

(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 27 or to whom land has been let out under sub-section (2) of Section 26 as it stood immediately before the Commencement of the Uttar Pradesh 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.

S.29 Subsequent declaration of further land as surplus land

Where after the date of enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972,—

(a) any 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 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 re-determined and accordingly the provisions of this Act, except section 16, shall mutatis mutandis apply.

S.30 Determination of surplus land regarding future acquisition

(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 Section 10.

(c) The provisions of this Act in respect of declaration, acquisition, disposal and settlement of surplus land, shall, mutatis mutandis, apply to surplus land covered by this section.

S.31 Land gained by the recess of river

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 to 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) The area in excess of the ceiling area applicable to the tenure holder, shall, notwithstanding anything to the contrary in the Bengal Alluvium or Delusion Regulation, 1825, or any custom or usage, for the time being in force, vest in the State Government ; and

(iii) the land vesting in the State Government under the provisions of clause (ii) shall be surplus land and shal

S.Chapter V Miscellaneous

S.32 State Government to be a party to all proceedings under this Act

(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 the State Government shall be ninety days from the date of the order appealed against.

S.33 Power to determine or modify hereditary rates

(1) For the purposes of this Act —

(i) the Prescribed Authority may, in areas where no hereditary rates have been sanctioned, fix and 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 the same class of soil in the same area is as nearly uniform as may be possible, and the rate fixed shall in no case be more than one-fifth of the produce value of the land.

S.34 Omitted

Omitted.

S.35 Penalties

(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

(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 ;

shall be punishable with imprisonment which may extend to two years or with fine or with both.

(2) Where the Collector has taken possession of any surplus land under section 14 and any person thereafter occupies such land or any part thereof without any lawful authority, such per

S.35A Cognizance of offences

No court shall take cognizance of any offence punishable under this Act except with the previous sanction of the State Government, or an officer authorized by the State Government.

S.36 Offences by Companies and Cooperative Society

(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 committed with the consent or connivance of, or is attributable to any neglect on the part of any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deem

S.37 Powers of officers and authorities in hearing and disposal of objections and the procedure to be followed

Any officer or authority holding an enquiry or hearing an objection under this Act, shall in so far 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.

S.38 Powers of the appellate Court and the procedure to be followed by it

(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 Additional Commissioner subordinate to him.

S.38A Power to call for particulars of land from tenure holders

(1) Where the prescribed authority or the appellate court considers it necessary for the enforcement of the proceedings under 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 under sub-section (1) may be taken into consideration in determining the surplus land of such tenure-holder.

S.38B Bar against Res Judicata

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.

S.39 Protection of action taken under this Act

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 order passed under this Act.

S.40 Mode of recovery of any amount 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 realized by deduction from the amount, if any, payable to such person under Chapter III, or as an arrear of land revenue.

S.41 Recovery of arrears of land revenue, etc.

All arrears of land revenue, or cesses 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 Improvements Loans Act, 1883 or the Agricultural Loans Act, 1884 or the U. P. Agricultural Income Tax Act, 1948 or 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.

S.42 Application of the Limitation Act, 1963

The provisions of Section 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.

S.43 Delegation of Power

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.

S.44 Power to make rules

(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 powers, such rules may provide for all 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 sub-section (3) of Section 15, shall be calculated ;

(d) the fees payable on a petition or appeal under this Act ; and

(e) the matters which are to be and may be prescribed.

S.45 Repeal

(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

(c) affect any penalty, forfeiture or punishment incurred in respect of an offence committed against the Act so repealed ; or

(d) affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; or

(e) affect the right to take action under Section 15 of the