UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960

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

Imposition of ceiling

§5

Summary

1[Imposition of ceiling- (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. 2[ Explanation 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- 3[If 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 authority, that the first mentioned person continues to hold the land and that it is so held by him ostensibly in the name of the second mentioned person.] (2) Nothing in sub-section (1) shall apply to land held by the following classes of persons, namely : (a) the Central Government, the State Government or any local authority or a Government Company or a Corporation ; (b) a University ; 4[(c) an intermediate or degree college imparting education in agriculture or a post graduate college ; ] (d) a banking company or a co-operative bank or a co-operative land development bank ; (e) the Bhoodan Yagna Committee constituted under the U. P. Bhoodan Yagna Act, 1952. (3) 5[subject to the provisions of sub-section (4), (5), (6) and (7)] the ceiling area for purposes of sub-section (1) shall be - (a) in the case of a tenure-holder having a family of not more than five members, 7.30 hectares of irrigated land (including land held by other members of his family), plus two additional hectares of irrigated land or such additional land which together with the land held by him aggregates to two hectares, for each of his adult sons, who are either not themselves tenure-holders or who hold less than two hectares of irrigated land, subject to a maximum of six hectares of such additional land ; (b) in the case of tenure-holder having a family of more than five members, 7.30 hectares of irrigated land (including land held by other members of his family), besides, each of the members exceeding five and for each of his adult sons who are not themselves tenure-holders or who hold less than two hectares of irrigated land, two additional hectares of irrigated land or such additional land which together with the land held by such adult son aggregated to two hectares, subject to a maximum of six hectares of such additional land. Explanation- The expression adult son in clauses (a) and (b) includes an adult son who is dead and has left surviving behind him minor sons or minor daughters (other than married daughters) who are not themselves tenure-holders or who hold land less than two hectares of irrigated land ; (c) 6[ * * * * *] (d) 6[ * * * * *] (e) in the case of any other tenure-holder, 7.30 hectares of irrigated land. Explanation- Any transfer or partition of land which is liable to be ignored under sub-section (6) and (7) shall be ignored also (p) for purposes of determining whether an adult son of a tenure holder is himself a tenure-holder within the meaning of 7[clause (a) or clause (b)] ; (q) for purposes of service of notice under Section 9. (4) Where any holding is held by a firm or co-operative society or other society or association of persons (Whether incorporated or not, but not including a public company), its members (whether called partners, share-holders or by any other name) shall, for purposes of this Act, be deemed to hold that holding in proportion to their respective shares in that firm, co-operative society or other society or association of persons. 8[Provided that where a person immediately before his admission to the firm, co-operative society, or other society or association of persons, held no land or an area of land less than the area proportionate to his aforesaid share then he shall be deemed to hold no share, or as the case may be, only the lesser area in that holding, and the entire or the remaining area of the holding, as the case may be, shall be deemed to be held by the remaining members in proportion to their respective share in the firm, co-operative society, or to other society or association of persons. ] (5) In respect of any holding held by any private trust - (a) where the shares of its beneficiaries in the income from such trust are known of determinable, the beneficiaries shall, for purposes of this Act, be deemed to have the shares in that holding in the same proportions as their respective shares in the income from such trust ; (b) in any other case, it shall be governed by 9[clause (e)] of subsection (3). (6) In determining the ceiling area applicable to a tenure-holder, any transfer of land made after the twenty-fourth day of January, 1971 which but for the transfer would have been declared surplus land under this Act, shall be ignored and not taken into account ; (a) a transfer in favour of any person (including Government) referred to in sub-section (2) ; (b) a transfer proved to the satisfaction of the prescribed authority to be in good faith and for adequate consideration and under an irrevocable instrument not being a benami transaction or for the immediate or deferred benefit of the tenure-holder or other members of his family. 10[ Explanation I- For the purposes of this sub-section, the expression transfer of land made after the twenty-fourth day of January, 1971, includes 11[(a) a declaration of a person as a co-tenure-holder made after the twenty-fourth day of January, 1971, in a suit, or proceeding irrespective of whether such suit or proceeding was pending on or was instituted after the twenty-fourth day of January, 1971 ; ] 12[(b) any admission, acknowledgment, relinquishment or declaration in favour of a person to the life effect, made in any other deed or instrument or in any other manner. ] Explanation II- The burden of proving that a case falls within clause (b) of the proviso shall rest with the party claiming its benefit. (7) In determining the ceiling area applicable to a tenure-holder, any partition of land made after the twenty-fourth day of January, 1971 which but for the partition would have been declared surplus land under this Act shall be ignored and not taken into account ; Provided that nothing in this sub-section shall apply to (a) 13[ * * * * ] (b) a partition of a holding made in a suit or a proceeding pending on the said date ; Provided further that notwithstanding anything contained in the preceding proviso, the prescribed authority, if it is of opinion that by collusion between the tenure-holder and any other party to the partition, such other party has been given a share which he was no entitled to, or a larger share than he was entitled to, may ignore such partition. 14[Explanation I- If a suit is instituted after the said date for declaration that a partition of land has taken place on or before the said date, then such declaration shall be ignored and not be taken into account, and it shall be deemed that no partition has taken place on or before the said date.] Explanation II- The burden of proving that a case falls within the first proviso shall rest with the party claiming its benefit. ] 15[(8) Notwithstanding anything contained in sub-sections (6) and (7), no tenure-holder shall transfer any land held by him during the continuance of proceedings for determination of surplus land in relation to such tenure-holder and every transfer made in contravention of this sub-section shall be void. Explanation- For the purposes of this sub-section, proceedings for determination of surplus land shall be deemed to have commenced on the date of publication of notice under sub-section (2) of section 9 and shall be deemed to have concluded on the date when an order in relation to such tenure-holder is passed under sub-section (1) of section 11 or under sub-section (1) of section 12 or as the case may be, under section 13.]

1[Imposition of ceiling- (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. 2[ Explanation 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- 3[If 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 authority, that the first mentioned person continues to hold the land and that it is so held by him ostensibly in the name of the second mentioned person.] (2) Nothing in sub-section (1) shall apply to land held by the following classes of persons, namely : (a) the Central Government, the State Government or any local authority or a Government Company or a Corporation ; (b) a University ; 4[(c) an intermediate or degree college imparting education in agriculture or a post graduate college ; ] (d) a banking company or a co-operative bank or a co-operative land development bank ; (e) the Bhoodan Yagna Committee constituted under the U. P. Bhoodan Yagna Act, 1952. (3) 5[subject to the provisions of sub-section (4), (5), (6) and (7)] the ceiling area for purposes of sub-section (1) shall be - (a) in the case of a tenure-holder having a family of not more than five members, 7.30 hectares of irrigated land (including land held by other members of his family), plus two additional hectares of irrigated land or such additional land which together with the land held by him aggregates to two hectares, for each of his adult sons, who are either not themselves tenure-holders or who hold less than two hectares of irrigated land, subject to a maximum of six hectares of such additional land ; (b) in the case of tenure-holder having a family of more than five members, 7.30 hectares of irrigated land (including land held by other members of his family), besides, each of the members exceeding five and for each of his adult sons who are not themselves tenure-holders or who hold less than two hectares of irrigated land, two additional hectares of irrigated land or such additional land which together with the land held by such adult son aggregated to two hectares, subject to a maximum of six hectares of such additional land. Explanation- The expression adult son in clauses (a) and (b) includes an adult son who is dead and has left surviving behind him minor sons or minor daughters (other than married daughters) who are not themselves tenure-holders or who hold land less than two hectares of irrigated land ; (c) 6[ * * * * *] (d) 6[ * * * * *] (e) in the case of any other tenure-holder, 7.30 hectares of irrigated land. Explanation- Any transfer or partition of land which is liable to be ignored under sub-section (6) and (7) shall be ignored also (p) for purposes of determining whether an adult son of a tenure holder is himself a tenure-holder within the meaning of 7[clause (a) or clause (b)] ; (q) for purposes of service of notice under Section 9. (4) Where any holding is held by a firm or co-operative society or other society or association of persons (Whether incorporated or not, but not including a public company), its members (whether called partners, share-holders or by any other name) shall, for purposes of this Act, be deemed to hold that holding in proportion to their respective shares in that firm, co-operative society or other society or association of persons. 8[Provided that where a person immediately before his admission to the firm, co-operative society, or other society or association of persons, held no land or an area of land less than the area proportionate to his aforesaid share then he shall be deemed to hold no share, or as the case may be, only the lesser area in that holding, and the entire or the remaining area of the holding, as the case may be, shall be deemed to be held by the remaining members in proportion to their respective share in the firm, co-operative society, or to other society or association of persons. ] (5) In respect of any holding held by any private trust - (a) where the shares of its beneficiaries in the income from such trust are known of determinable, the beneficiaries shall, for purposes of this Act, be deemed to have the shares in that holding in the same proportions as their respective shares in the income from such trust ; (b) in any other case, it shall be governed by 9[clause (e)] of subsection (3) . (6) In determining the ceiling area applicable to a tenure-holder, any transfer of land made after the twenty-fourth day of January, 1971 which but for the transfer would have been declared surplus land under this Act, shall be ignored and not taken into account ; (a) a transfer in favour of any person (including Government) referred to in sub-section (2) ; (b) a transfer proved to the satisfaction of the prescribed authority to be in good faith and for adequate consideration and under an irrevocable instrument not being a benami transaction or for the immediate or deferred benefit of the tenure-holder or other members of his family. 10[ Explanation I- For the purposes of this sub-section, the expression transfer of land made after the twenty-fourth day of January, 1971, includes 11[(a) a declaration of a person as a co-tenure-holder made after the twenty-fourth day of January, 1971, in a suit, or proceeding irrespective of whether such suit or proceeding was pending on or was instituted after the twenty-fourth day of January, 1971 ; ] 12[(b) any admission, acknowledgment, relinquishment or declaration in favour of a person to the life effect, made in any other deed or instrument or in any other manner. ] Explanation II- The burden of proving that a case falls within clause (b) of the proviso shall rest with the party claiming its benefit. (7) In determining the ceiling area applicable to a tenure-holder, any partition of land made after the twenty-fourth day of January, 1971 which but for the partition would have been declared surplus land under this Act shall be ignored and not taken into account ; Provided that nothing in this sub-section shall apply to (a) 13[ * * * * ] (b) a partition of a holding made in a suit or a proceeding pending on the said date ; Provided further that notwithstanding anything contained in the preceding proviso, the prescribed authority, if it is of opinion that by collusion between the tenure-holder and any other party to the partition, such other party has been given a share which he was no entitled to, or a larger share than he was entitled to, may ignore such partition. 14[Explanation I- If a suit is instituted after the said date for declaration that a partition of land has taken place on or before the said date, then such declaration shall be ignored and not be taken into account, and it shall be deemed that no partition has taken place on or before the said date.] Explanation II- The burden of proving that a case falls within the first proviso shall rest with the party claiming its benefit. ] 15[(8) Notwithstanding anything contained in sub-sections (6) and (7), no tenure-holder shall transfer any land held by him during the continuance of proceedings for determination of surplus land in relation to such tenure-holder and every transfer made in contravention of this sub-section shall be void. Explanation- For the purposes of this sub-section, proceedings for determination of surplus land shall be deemed to have commenced on the date of publication of notice under sub-section (2) of section 9 and shall be deemed to have concluded on the date when an order in relation to such tenure-holder is passed under sub-section (1) of section 11 or under sub-section (1) of section 12 or as the case may be, under section 13.]

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