UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960

Imposition of ceiling on land holdings, exemption and acquisition of surplus land

Insertion of new section 12A

§12A

Summary

1[12-A. In determining the surplus land under section 11 or section 12, the prescribed authority shall, as far as possible accept the choice indicated by the tenure-holder to the plot or plots which he and other members of his family if any would like to retain as part of the ceiling area applicable to him or them under the provisions of this Act, whether indicated by him in his statement under Section 9 or in any subsequent proceedings ; Provided that (a) the prescribed authority shall have regard to the compactness of the land to be included in the ceiling area applicable to the tenureholder ; (b) where the tenure-holders 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 far as possible, declare the surplus land in such, manner that the area taken out of the land held by the tenureholders wife bears to the total surplus area the same proportion as the area originally held by her bore to the total land held by the family ; (c) where any person holds land in excess of the ceiling area including any land mortgaged to the State Government or to a 2[bank as defined in clause (c) of section 2 of the Uttar Pradesh Agricultural Credit Act, 1973] or to a co-operative land development bank or other cooperative society or to the Corporation or to a Government Company, the surplus land to be determined shall, as far as possible, be land other than that so mortgaged ; (d) where any person holds land in excess of the ceiling area including land which is the subject of any transfer or partition referred to in sub-section (6) or sub-section (7) of Section 5, the surplus land determined shall, as far as possible be land other than land which is the subject of such transfer or partition, and if the surplus land includes any land which is the subject of such transfer or partition, the transfer or partition shall, in so far as it relates to the land included in the surplus land, be deemed to be and always to have been void, and (i) it shall be open to the transferee to claim refund of the proportionate amount of consideration, if any, advanced by him to the transferor, and such amount shall be charged on the 3[amount] retained by the transferor within the ceiling area, which shall be liable to be sold in satisfaction of the charge, notwithstanding anything contained in Section 153 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 ; (ii) any party to the partition (other than the tenure-holder in respect of whom the surplus land has been determined) whose land is included in surplus land of the said tenure-holder shall be entitled to have the partition re-opened.]

1[12-A. In determining the surplus land under section 11 or section 12, the prescribed authority shall, as far as possible accept the choice indicated by the tenure-holder to the plot or plots which he and other members of his family if any would like to retain as part of the ceiling area applicable to him or them under the provisions of this Act, whether indicated by him in his statement under Section 9 or in any subsequent proceedings ; Provided that (a) the prescribed authority shall have regard to the compactness of the land to be included in the ceiling area applicable to the tenureholder ; (b) where the tenure-holders 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 far as possible, declare the surplus land in such, manner that the area taken out of the land held by the tenureholders wife bears to the total surplus area the same proportion as the area originally held by her bore to the total land held by the family ; (c) where any person holds land in excess of the ceiling area including any land mortgaged to the State Government or to a 2[bank as defined in clause (c) of section 2 of the Uttar Pradesh Agricultural Credit Act, 1973] or to a co-operative land development bank or other cooperative society or to the Corporation or to a Government Company, the surplus land to be determined shall, as far as possible, be land other than that so mortgaged ; (d) where any person holds land in excess of the ceiling area including land which is the subject of any transfer or partition referred to in sub-section (6) or sub-section (7) of Section 5, the surplus land determined shall, as far as possible be land other than land which is the subject of such transfer or partition, and if the surplus land includes any land which is the subject of such transfer or partition, the transfer or partition shall, in so far as it relates to the land included in the surplus land, be deemed to be and always to have been void, and (i) it shall be open to the transferee to claim refund of the proportionate amount of consideration, if any, advanced by him to the transferor, and such amount shall be charged on the 3[amount] retained by the transferor within the ceiling area, which shall be liable to be sold in satisfaction of the charge, notwithstanding anything contained in Section 153 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 ; (ii) any party to the partition (other than the tenure-holder in respect of whom the surplus land has been determined) whose land is included in surplus land of the said tenure-holder shall be entitled to have the partition re-opened.]

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