UTTAR PRADESH IMPOSITION OF CEILING ON LAND HOLDINGS ACT, 1960

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

Exemption of certain land from the imposition of ceiling

§6

Summary

1[(1) Notwithstanding anything contained in this act, land falling in any of the categories mentioned below shall not be taken into 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 graveyard, 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 ; (f) land held from before the first day of May, 1959, by or under a public religious or charitable waqfs, trust, endowment, or institution the income from which is wholly utilized for religious or charitable purposes, and not being a waqf, trust or endowment of which the beneficiaries wholly or partly are settler or members of his family or his descendants ; 2[ (g) land held from before June 8, 1973 by a Goshala of a public nature, registered under the Uttar Pradesh Goshala Adhiniyam, 1964, to the extent prescribed ; ] (h) 3[ * * * * * ] 4[Explanation Nothing in clause (f) of sub-section (1) shall apply in relation to a Goshala referred to in clause (g) of that subsection; ] 5[ (2) No person shall transfer any land referred to in clause (d) or clause (e) or clause (f) or clause (g) of sub-section (1) without prior permission of the State government, and every transfer made without such permission shall, notwithstanding anything contained in any other law for the time being in force, be void ; Provided that nothing in this sub-section shall apply to any transfer by or in favour of any person specified in sub-section (2) of section 5. (3) Any land which is the subject of any transfer which by virtue of sub-section (2) is void, shall be deemed to be surplus land, and shall, with effect from October 10, 1975 or the date of such purported transfer, whichever is later, stand transferred to and vest in the State Government free from all encumbrances, and all rights, title and interests of all persons in such land shall stand extinguished ; Provided that the encumbrances, if any, shall be attached to the amount payable under section 17 in substitutions for the surplus land. (4) Where any land is deemed to be surplus land under subsection (3) 6[(i) the provisions of section 14 shall mutatis mutandis apply in relation to such land with the substitution of references to the dates mentioned in sub-section (1) of that section by references to the date mentioned in sub-section (1) of this section ; and ] (ii) the amount payable therefor under section 17 shall be paid to the person in whose favour such transfer was purported to be made.]

1[(1) Notwithstanding anything contained in this act, land falling in any of the categories mentioned below shall not be taken into 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 graveyard, 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 ; (f) land held from before the first day of May, 1959, by or under a public religious or charitable waqfs, trust, endowment, or institution the income from which is wholly utilized for religious or charitable purposes, and not being a waqf, trust or endowment of which the beneficiaries wholly or partly are settler or members of his family or his descendants ; 2[ (g) land held from before June 8, 1973 by a Goshala of a public nature, registered under the Uttar Pradesh Goshala Adhiniyam, 1964, to the extent prescribed ; ] (h) 3[ * * * * * ] 4[Explanation Nothing in clause (f) of sub-section (1) shall apply in relation to a Goshala referred to in clause (g) of that subsection; ] 5[ (2) No person shall transfer any land referred to in clause (d) or clause (e) or clause (f) or clause (g) of sub-section (1) without prior permission of the State government, and every transfer made without such permission shall, notwithstanding anything contained in any other law for the time being in force, be void ; Provided that nothing in this sub-section shall apply to any transfer by or in favour of any person specified in sub-section (2) of section 5. (3) Any land which is the subject of any transfer which by virtue of sub-section (2) is void, shall be deemed to be surplus land, and shall, with effect from October 10, 1975 or the date of such purported transfer, whichever is later, stand transferred to and vest in the State Government free from all encumbrances, and all rights, title and interests of all persons in such land shall stand extinguished ; Provided that the encumbrances, if any, shall be attached to the amount payable under section 17 in substitutions for the surplus land. (4) Where any land is deemed to be surplus land under subsection (3) 6[(i) the provisions of section 14 shall mutatis mutandis apply in relation to such land with the substitution of references to the dates mentioned in sub-section (1) of that section by references to the date mentioned in sub-section (1) of this section ; and ] (ii) the amount payable therefor under section 17 shall be paid to the person in whose favour such transfer was purported to be made.]

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