Title : THE URBAN LAND (CEILING AND REGULATION) ACT, 1976
Year : 1976
The competent authority shall have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, (5 of 1908.) in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office;
(e) Issuing& commissions for the examination of witnesses or documents; and
(f) Any other matter which may be prescribed.
Where under sub-section (2) or sub-section (3) of section 7, the State Government or the Central Government, as the case may be, determines the competent authority or where, for the reason that the extent of the vacant land situated within the jurisdiction of two or more Tribunals is equal, an appeal has been preferred to any one of the Tribunals under sub-section (4) of section 12, then, such competent authority or Tribunal, as the case may be, shall, notwithstanding that any portion of the vacant land to which the proceedings before the competent authority or the appeal before the Tribunal relates, is not situated within the area of its jurisdiction, exercise all the powers and functions of the competent authority or Tribunal, as the case may be, having jurisdiction over such portion of the vacant land under this Act in relation to such proceedings or appeal.
(1) Any person aggrieved by an order made by the competent authority under this Act, not being an order under section 11 or an order under sub-section (1) of section 30, may, within thirty days of the date on which the order is communicated to him, prefer an appeal to such authority as may be prescribed (hereafter in this section referred to as the appellate authority):
Provided that the appellate authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the appellate authority shall, after giving the appellant an opportunity of being heard, pass such orders thereon as it deems fit as expeditiously as possible.
(3) Every order passed by the appellate authority under this section shall be final.
The State Government may, on its own motion, call for and examine the records of any order passed or proceeding taken under the provisions of this Act and against which no appeal has been preferred under section 12 or section 30 or section 33 for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of such procedure and pass such order with respect thereto as it may think fit:
Provided that no such order shall be made except after giving the person affected a reasonable opportunity of being heard in the matter.
The State Government may issue such orders and directions of a general character as it may consider necessary in respect of any matter relating to the powers and duties of the competent authority and thereupon the competent authority shall give effect to such orders and directions.
(1) The Central Government may give such directions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of this Act or of any rule made there under.
(2) The Central Government may require any State Government to furnish such returns, statistics, accounts and other information, as may be deemed necessary.
The competent authority shall furnish to the State Government concerned such returns, statistics, accounts and other information as the State Government may, from time to time, require.
(1) If any person who is under an obligation to file a statement under this Act fails, without reasonable cause or excuse, to file the statement within the time specified for the purpose, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.
(2) If any person who, having been convicted under sub-section (2) continues to fail, without reasonable cause or excuse, to file the statement, he shall be punishable with fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(3) If any person who is under an obligation to file a statement under this Act files a statement which he knows or has reasonable belief to be false, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
(4) If any person contravenes any of the provisions of this Act for which no penalty has been expressly provided for, he shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to one thousand rupees or with both.
(1) Where an offence under this Act has been committed by a company every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.-For the purposes of this section,-
(a) "Company" means any body corporate and includes a firm or other association of individuals; and
(b) "Director", in relation to a firm, means a partner in the firm.
No suit or other legal proceeding shall lie against the Government or any officer of Government in respect of anything which is in good faith done or intended to be done by or under this Act.
No court shall take cognizance of any offence punishable under this Act except on complaint in writing made by the competent authority or any officer authorised by the competent authority in this behalf and no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any such offence.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or any custom, usage or agreement or decree or order of a court, tribunal or other authority.
Notwithstanding anything contained in the Court-fees Act, 1870 (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.
Every officer acting under, or in pursuance of, the provisions of this Act or under the rules made there under shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. (45 of 1860.)
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 on his or its own motion or on an application received in this behalf from any of the parties.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
(a) The cultivation or growing of plant which will not be agriculture under clause (A) of the Explanation to clause (o) of section 2;
(b) The period within which the statement may be filed under section 6;
(c) The form of intimation under sub-sections(2)and(3) of section7;
(d) The particulars to be mentioned in the statement referred to in sub-section (1) of section 6, sub-section (2) of section 8,sub-section (1) of section 15 and sub-section(1) of section 16;
(e) The manner of serving the draft statement under sub-section (3) of section 8;
(f) The manner of publishing the notification under sub-section (1) of section 10;
(g) The time within which the competent authority shall dispose of a case under sub-section (9) of section 11;
(h) The times during which the competent authority or any per. son acting under the orders of such authority may enter upon any vacant land under section 17;
(i) The time within which and the form and the manner in which a declaration under sub-section (1) of section 21 shall be made before the competent authority;
(j) The terms and conditions subject to which a person permitted under sub-section (1) of section 21 may hold land in excess of the ceiling limit;
(k) The particulars to be mentioned In the statement referred to in sub-section (1) of section 22;
(l) The form in which an application under sub-section (1) of section 24 may be made and the particulars to be mentioned in such application;
(m) The form and the manner in which an application for transfer of land may be made under sub-section (2) of section 27;
(n) The powers of the competent authority under clause (f) of section 31;
(o) The appellate authority under sub-section (1) of section 33;
(p) The value of the court-fee stamp to be affixed on an application, appeal or other proceeding under section 43;
(q) Any other matter which is to be, or may be, provided for by rules under this Act.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree 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.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.
(2) No order under sub-section (1) shall be made after the expiration of a period of two years from the commencement of this Act.
[See sections 2(n), 4, 11 and 29]
NOTE I.-An Urban Agglomeration is made up of main town together with the adjoining areas of urban growth and is treated as one urban spread. The population covered by such spreads is categorized as urban. Each such agglomeration may be made up of more than one statutory town, adjoining one another such as a Municipality and the adjoining Cantonment, etc., and also other urban growths such as a Railway Colony, University Campus, etc. Such outgrowth (O.G.) which did not qualify to be treated as individual towns in their own right and have pronounced urban characteristics are shown as constituents of the agglomeration.
NOTE II.-The following abbreviations have been used in this Schedule :-
C. ........... Corporation
C.B. ......Cantonment Board
E.O. ...... Estate Office
G.P. .... Gram Panchayat
M.B....... Municipal Board
M.C. ....... Municipal Committee
M. Corp... Municipal Corporation
N. or N.C...Notified Committee
N.A.C....... Notified Area Committee
N.A.......... Notified Area
N.P........ Nagar Panchayat
S.B............ Sanitary Board
S.A. .......... Special Area
T.A. ....... Town Area
T.B........... Town Board
T.C.......... Town Committee
T.P. ......... Town Panchayat
U.C.......... Union Committee
U.A. ............ Urban Agglomeration
V.P. ........... Village Panchayat
1. Andhra Pradesh
1. Hyderabad U.A.- 5 Kms. B
(a) Hyderabad- M. Corp.
(i) Hyderabad Division (ii) Secunderabad Division
(b) Secunderabad Cantonment Cantt. (c) Malkajgiri P. (d) Alwal P. (e) Uppal Khalsa P. (f) Balanagar P. (g) Fatehnagar P. (h) Macha Bolaram P. (i) Osmania University (j) Lalaguda (k) Kukatpalle P. (l) Moosapet P. (m) Bowenpalle (n) Zamistanpur
2. Visakhapatnam U.A.- 5 Kms. C
(a) Visakhapatnam- M. (i) Visakhapatnam (ii) Gajuvaka (O.G.)
(b) Gopalapatnam P.
3. Vijayawada U.A.- 5 Kms. C
(a) Vijayawada M. (b) Patamata P. (c) Gunadala P.
4. Guntur M. 1 km. D.
5. Warangal M. 1 km. D.
2. Assam Gauhati U.A.- 1 km. D.
(i) Gauhati M. (ii) New Gauhati Railway Colony (O.G.) (iii) Bamunimaidan (O.G.) (iv) Japarigog (Part) (O.G.) (v) Noonmati (O.G.) (vi) Ulubari (O.G.) (vii) Refinery Colony (O.G.) (viii) Dispur (O.G.) (ix) Maligoan (O.G.) (x) Ramchahil Grant (O.G.)
2. Assam-contd. Gauhati U.A.-contd.
(b)Pandu- (i) Pandu (ii) Gauhati University (Uttar Maj and Pachim Jhalukbari) (O.G.) (iii) Maligaon (O.G.) (iv) Sadilapu (O.G.) (v) Garpandu Kumarpara (O.G.) (c) Kamakhya T.C.
3. Bihar 1. Patna U.A.- 5 Kms. C
(i) Patna M. Corp. (ii) Pataliputra Housing Colony
2. Ranchi U.A.- 1 Km. D
(a) Ranchi M. (b) Jagannathnagar N. (c) Doranda
3. Dhanbad U.A.- 5 Kms. C
(a) Dhanbad M. (b) Kerkand (c) Sindri N. (d) Jharia N. (e) jorapokhar (f) Tisra (g) Bhowrah (h) Bhuli (i) Loyabad (j) Bhagatdih (k) Jarnadoba (l) Sijua (m) Pathardih (n) Kenduadih (o) Bera
4. Jamshedpur U.A.- 5 Kms. C
(i) Jamshedpur N.
(ii) Railway Colony (O.G.)
(b) Adityapur N. (c) Bagbera (d) jugsalai N. (e) Kalimati
4. Gujarat 1. Jamnagar U.A.- 1 Km. D
(i) Jamnagar M. (ii) Jamnagar (O.G.) (iii) Railway Colony (O.G.) (iv) Port Area (O.G.)
(b) Nasik Road Deolali M. (c) Deolali Cantonment Cantt. (d) Bhagur M.
6. Sangli U.A.- 1 Km. D
(a) Sangli M. (b) Miraj M. (c) Madhavnagar
7. Sholapur M.Corp. 5 Kms. C
1 Where any land within the peripheral area of eight kilo metres is covered by water (whether by inland waters or sea or creek), the peripheral area shall be extended beyond such water to a further distance equal to the distance measured across and occupied by such water.
8. Kolhapur U.A.- 1 Km. D (a) Kolhapur M. (b) Gandhinagar
9. Nagpur U.A.- 5 Kms. C
(a) Nagpur M.Corp. (b) Kamptee M. (c) Kamptee Cantonment Cantt.
10. Orissa Cuttack U.A.- 1 Km. D
(i) Cuttack M. (ii) Cuttack Industrial Estate (O.G.) (iii) Cuttack C.R.R.I. and other Government Colony (O.G.)
11. Punjab 1.Amritsar U.A.- 5 Kms. C
(i) Amritsar M.C. (ii) Adarsh Nagar (O.G.) (iii) Rajinder Nagar (O.G.) (iv) Batala Road (O.G.) (v) Khanna Nagar (O.G.) (vi) Dolunji (O.G.) (vii) Quarters Rattan Chand and Bihari Lal and Power House (O.G.) (viii) Kotmit Singh (O.G.) (ix) Gobind Nagar (O.G.) (x) Mohkampura (O.G.) (xi) Gopal Nagar (O.G.) (xii) Kangra Colony (O.G.) (xiii) Kot Amar Singh (O.G.) (xiv) Dhaipai (O.G.). (xv) Jaura Phatik (O.G.) (xvi) Bhawani Nagar (O.G.) (xvii) Mustafabad Tuni Pain (O.G.) (xviii) Shiv Nagar (O.G.) (xix) Quarter Railway Line Kot Khalsa (O.G.) (xx) Guru Arjan Nagar (O. G.) (xxi) Mustafabad (O.G.) (xxii) Vijay Nagar (O.G.) (xxiii) Anand Nagar (O. G.)
(b) Chheharta M.C.(c) Amritsar Cantonment C.B.
2. Ludhiana U.A.- 5 Kms. C
(i) Ludhiana M.C. (ii) Basti Jodhewal (O.G.) (iii) Industrial Area A. & C.(O.G.) (iv) Janta Colony (O.G.) (v) Railway Huts (O.G.)
3. Jullundur M. C. 1 Km. D
12. Rajasthan 1.
Bikaner U.A.- 1 Km. D
(a) Bikaner M. (b) Gangashahar M. (c) Bhinasar M.
2. Jaipur U.A.- 5 Kms. C
(a) Jaipur M. (b) Sanganer C.T. (c) Amber M.
3. Ajmer U.A.- 1 Kms D
(i) Ajmer M. (ii) Subhash Nagar (O.G.) (iii) Regional College (O.G.)
4. Jodhpur M. 5 Kms. C
5. Kota M. 1 Km. D
13. Tamil Nadu 1. Madras U.A.- 8 Kms. A
(1) Madras M.Corp. (2) Thiruvattiyur M. (3) Avadi T.S. (4) Alandur M. (5) Tambaram M. (6) Pallavapuram M. (7) Ambattur T.S. (8) Villivakkam P. (9) St. Thomas Mount-cum-PallavaramCantonment Cantt. (10) Madhavaram P. (11) Poovirundhavalli P. (12) Thiruvanmiyur P. (13) Kunrathur P. (14) Anakaputhur P. (15) Kodambakkam P. (16) Naravarikuppam P.
13. Tamil Nadu-contd.
1. Madras U.A.contd. (17) Thirumazhisai P. (18) Parnmal P. (19) Saligramam P. (20) Velacheri P. (21) Virugambakkam P. (22) Kodungaiyur P. (23) Oragadam P. (24) Thiruninravur P. (25) Polal P. (26) Erukkancheri P. (27) Thiruneermalai P. (28) Chithalapakkarn P. (29) Nerkundram P. (30) Koyambedu P. (31) Perungalathur P. (32) Vallanur P. (33) Peerkankaranai P. (34) Sennirkuppam P. (35) Nazarethpettai P. (36) Sembarambakkam P. (37) Polichalur P. (38) Kannapalayam P. (39) Meenarnbakkarn P. (40) Pallikaranai P. (41) Thirusulam P. (42) Thirumangalam. P. (43) Kattupakkam. P. (44) Kathivakkam. P. (45) Melmanambedu P. (46) Soranjeri P. (47) Kathirvedu P. (48) Perungudi P. (49) Nadukkuthagai P. (50) Matthur P. (51) Varadharajapuram P. (52) Thiruverkadu P. (53) Veeraragavapuram. P. (54) Vengavasal P. (55) Nemilicheri P. (56) Sadayankuppam P. (57) Mudichur P. (58) Madipakkam P.
2. Salem U.A.- 5 Kms. C
(a) Salem M. (b) Suramangalam P. (c) Jarikondalampatti P.
13. Tamil Nadu-contd.
2. Salem U.A.-contd. (d) Annadanapatti P. (e) Ammapalayam P. (f) Ammapet P. (g) Puthur P. (h) Kondalampatti P. (i) Thadampatti P. (j) Alagapuram P. (k) Neikarapatti P. (l) Sivadapuram P. (m) Meyyanur P. (n) Komarasamipatti P. (o) Kandampatti P. (p) Reddipatti P. (q) Narasojipatti P. (r) Pallapatti P.
3. Coimbatore U.A.- 5 Kms.C
(a) Coimbatore M. (b) Singanallur M. (c) Kurichi P. (d) Telungupalayam P. (e) Sanganur P. (f) Kuniamuthur P. (g) Ganapathy P. (h) Madukkarai T.S. (i) Komarapalayam P. (J) Vellalore P. (k) Sulur P. (l) Perianaickenpalayam P. (m) Kurudumpalayam P. (n) Kavuridampalayam P. (o) Vilankuruchi P. (p) Veerakeralam P. (q) Perur Chettipalayam P. (r) Perur P. (s) Chinnavedampatti P. (t) Narasimhanaickenpalayam P. (u) Pallapalayam P. (v) Coimbatore N. M. (w)Muthugounden Pudur Railway Southern RailwayColony Administration4.
Madurai U.A.- 5 Kms. C
(a) Madurai M. C. (b) Madakulam P. (c) Avaniapuram P.(d) Tirupparankundram P.
13. Tamil Nadu 4.
Madurai U.A.-concld. (e) Thallakkulam P. (f) Ponmeni P. (g) Paravai P. (h) Vilangudi P. (i) Samayanallur P. (J) Sathamangalam P. (k) Beebikulam P. (L) Harveypatti T.S. (m) Tirunagar P. (n) Thathaneri P. (o) Thaigarajar Colony P.
5. Tiruchirapalli U.A. - 5 Kms. C
(a) Tiruchirapalli M. (b) Srirangam rangarn M. (c) Ponmalai P. (d)Golden Rock Railway Southern Railway colony Administration (e) Ariyamangalam P. (F) Alathur P. (g) Abishekapuram P. (h) Pirattiyur P. (i) Ulkadai Ariyamangalam P.
6. Tirunelveli U.A.- 1 Km.D
(a) Tirunelveli M. (b) Palayamkottai M. (c) Melapalayam M. (d) Thatchanallur P. (e) Naranammalpuram P. (f) Thalaiyuthu P. (g) Palayamkottai (N. M.) N.M. (h) Sankarnagar T.S. (i) Alaganeri P. (J) Melanatham P. (k) Pettai P.
1. Moradabad U.A.- 1 Km. D
(a) Moradabad M.B. (b) Moradabad Railway N.A.
Settlement2. Bareilly U.A.- 5 Kms.C
(a) Bareilly M. B. and Northern Railway, Colonies-
(a) Varanasi M. C. and VaranasiRailway Colony-(i) Varanasi M. Corp.
14. Uttar Pradesh 10.Varanasi U. A.- Contd. (ii) Varanasi Railway Colony (b) Banaras Hindu University Cantt. (c) Varanasi Cantonment M.B. 1 Km. D 11. Aligarh M.B. 1 Km. D 12. Saharanpur 8 Km.
A 15. West Bengal.
1. Calcutta U.A.- (1) Calcutta M. Corp. (2) Howrah M. Corp. (3) South Suburban M. (4) Bhatpara M. (5) South Dum Dum M. (6) Kamarhati M. (7) Garden Reach M. (8) Panihati M. (9) Baranagar M. (10) Hooghly Chinsura M. (11) Serampore M. (12) Barrackpur M. (13) Titagarh M. (14) Naihati M. (15) Kanchrapara M. (16) North Barrackpur M. (17) Chandannagar M. Corp. (18) Halisahar M. (19) Uttarpara-Kotrung M. (20) North Dum Dum M. (21) Rishra M. (22) Bansberia M. (23) Panchur N. M. (24) Champdani M. (25) Baidyabati M. (26) Bhadreswar M. (27) Garulia M. (28) Baly N. M. (29) Konnagar M. (30) Khardaha M. (31) Dum Dum M. (32) Deulpara N. M. (33) Barrackpur Cantonment Cantt. (34) Kasba N. M. (35) Garfa N. M. (36) Sultanpur N. M. (37) Kalyani N. M. (38) Bansdroni N. M. (39) Santoshpur N. M. (40) Rajapur N. M. (41) Jadabpur N. M.
PRINCIPLES FOR DETERMINATION OF THE NET AVERAGE ANNUAL INCOME
1. The competent authority shall first determine the gross income actually derived by the holder of the vacant land acquired during the period of five consecutive years referred to in clause (a)of sub-section (1) of section 11 including any income from any produce derived from cultivation of the land during the said period.
2. For such determination the competent authority may-
(a) Hold any local inquiry and obtain, if necessary, certified copies of extracts from the property tax assessment books of the municipal or other local authority concerned showing the rental value of such land;
(b) Estimate the income from any produce from such land, after holding such local inquiry and taking such evidence as it thinks fit and after giving an opportunity to the person concerned of being heard in the matter.
3. The net average annual income referred to in clause (a) of sub- section (1) of section 11 shall be sixty per cent. of the average annual gross in come which shall be one-fifth of the gross income during the five consecutive years as determined by the competent authority under paragraph 1.
4. Forty per cent. of the gross annual income referred to above shall not be taken into consideration in determining the net average annual income but shall be deduct ed in lieu of the expenditure which the h older o f the vacant land would normally incur for payment of any tax to the municipal or other local authority and for collection and other charges including cultivation charges.
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