UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960

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

Disposal of property left on surplus land

§15

Summary

(1) Where possession of the surplus land is taken by the Collector under the provisions of 1[sub-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 twentyone days from the date of the order, as the Collector may fix in this behalf. 2[Explanation—For the purposes of this section, the expression ‘ungathered crops or fruits of trees’ means any crop or fruits which existed on 3[the 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, within the period fixed therefor under sub-section (1), the Collector may remove or cause to be removed and sold by public auction any such crop or fruits of trees or property in such manner as may be prescribed. (3) Where any crop, fruits or property is sold under sub-section (2), the sale proceeds thereof, shall, after deducting the expenses of the sale, be paid to the person in possession after laps of thirty days from the date of the sale : Provided that where a claim to such sale proceeds is made by any other person before the Collector within thirty days of the date of the sale, the Collector shall decide such claim and, if necessary, make an apportionment and order payment accordingly. Where on the material before him the Collector is unable to decide such claims or make an order of apportionment, he shall direct the parties concerned to get the matter in dispute decided by a court of competent jurisdiction. The balance of the sale proceeds shall thereupon be paid or apportioned, as the case may be, according to the decision of that court.

(1) Where possession of the surplus land is taken by the Collector under the provisions of 1[sub-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 twentyone days from the date of the order, as the Collector may fix in this behalf. 2[Explanation—For the purposes of this section, the expression ‘ungathered crops or fruits of trees’ means any crop or fruits which existed on 3[the 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, within the period fixed therefor under sub-section (1), the Collector may remove or cause to be removed and sold by public auction any such crop or fruits of trees or property in such manner as may be prescribed. (3) Where any crop, fruits or property is sold under sub-section (2), the sale proceeds thereof, shall, after deducting the expenses of the sale, be paid to the person in possession after laps of thirty days from the date of the sale : Provided that where a claim to such sale proceeds is made by any other person before the Collector within thirty days of the date of the sale, the Collector shall decide such claim and, if necessary, make an apportionment and order payment accordingly. Where on the material before him the Collector is unable to decide such claims or make an order of apportionment, he shall direct the parties concerned to get the matter in dispute decided by a court of competent jurisdiction. The balance of the sale proceeds shall thereupon be paid or apportioned, as the case may be, according to the decision of that court.

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