HARYANA CEILING ON LAND HOLDINGS ACT, 1972

Act No. 26 of 1972

22nd December, 1972

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

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S.1 Short title and extent

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

(1) 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. - A married minor daughter shall not be treated as a child.

Explanation.-- Child shall 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 primary unit of family.

(3) The permissible area shall be further inc

S.5 Act not to 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 agricultural co-operative credit societies, land mortgage

S.5A 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, Mohatamim 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, shall lie on the person claiming the exemption.

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.

S.7 Celling 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.

1. Substituted by Haryana Act No. 17 of 1976.

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 30th day of July, 1958; and
(b) the permissible area under this Act, except a bonafide 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 transfer [or disposition] to be a bonafide one shall be on the transferor.

(3)

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 family [and the separate unit].

Explanati

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.

1. Substituted by Haryana Act No, 17 of 1976

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 declared surplus or tenant's permissible area under the Punjab law

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 subsection (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 Government under the Punjab law or the Pepsu law, may be allotted land to th

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 :-

Value of land as shown in the Schedule to this Act	For first 10 Hectares	For next 20 hectares	For remaining land	Paise or Annas
100 or more	2,000	1,760	1,600	16 or more
94	1,875	1,650	1,500	15
87	1,750	1,540	1,400	14
81	1,625	1,430	1,300	13
75	1,500	1,320	1,200	12
69	1,375	1,210	1,100	11
62	1,250	1,100	1,000	10
56	1,125	990	900

S.17 Payment of amount

The amount payable by the State Government, along with interest at the rate of five percentum per annum thereon, shall be given in cash in ten equated annual instalments in the manner prescribed:

Provided that in the case of a minor, idiot or lunatic, the equated annual instalments of the amount payable to such person, from time to time, shall be deposited by the competent authority in the civil court exercising jurisdiction over the area under the Guardians and Wards Act, 1890 (Central Act 6 of 1890), or the Hindu Minority and Guardianship Act, 1956 (Parliament Act 32 of 1956), as the case may be, for payment to such person in accordance with the provisions of either of the said Acts, as may be applicable.

1. Proviso added by Haryana Act No. 17 of 1976.

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 is satisfied that the appellant was prevented by sufficient cau

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 holding an enquiry or 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.20A [Inserted]

1[----]

1. Inserted by Haryana Act No. 40 of 1976 and later omitted vide Haryana Act No. 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.

1. Substituted for the words "six months" by Haryana Act

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.

1. Inserted by Haryana Act No. 17 of 1976.

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 anything 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.

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 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 of [the provisions of the Punjab law or the Pepsu law or the rules framed or purported to have been framed thereunder], shall stand withdrawn.

1. Substituted for the words "As from the commencement of this Act" by Haryana Act No. 33 of 1973.

2. Substituted by Haryana Act No. 14 of 1977.

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 subsection (1), hereinafter referred to as the said enactments, shall not affect--

(i) the applications for the purchase of land under section 18 of the Punjao 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 utilised by, the State Government in accordance with the