Amendment status not verified — confirm the current text below against the official source.
(1) Subject to the other provisions of this section, in the case of Ceiling every person, the ceiling limit shall be,- iindt. (a) where the vacant land is situated in an urban agglomeration falling within category A specified in Schedule I, five hundred square metres; (b) where such land is situated in an urban agglomeration fall- ing within category B specified in Schedule I, one thousand square aietres; (c) where such land is situated in an urban agglomeration falling within category C specified in Schedule I, one thousand five hundred square metres; (d) where such land is situated in an urban agglomeration fall- ing within category D specified in Schedule I, two thousand square metres. 6 Urben Land (Ceiling ord Regtilotion) [xcT 33 (2) Where any person holds vacant land situated in two or more cate- gories of urban agglonierations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,— (a)one square metre of vacant land situated in an urban agglo- ineration falling within category A shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category B, three square metres of vacant land situat- ed in an urban agglomeration I alling within categoryC and four square metres of vacant land situated in zn urban agglomeration falling within category D; (b) one square metre ot vacant land situated in an urban agglo- meration falling within categoryB shall be deemed to be equal to orie and one-half square rrietres of vacant land situated in an urban agglomeration falling within categoryC and two square metres of vacant land situated in an urban agglomeration falling within cate- gory D; and (c)one square metre of vacant land situated in an urban agglo- merationI alling within categoryC shall be deemed to be eciual to one and one-third square metres of vacant land situated in an urban agglomeration falling within category D. (3) Notwithstanding anything contained in sub-section t*!, where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf immediately before the commencement ofthis Act, then, the person holding such vacant land at such commencement shall be entitled to continue to hold such land for the purpose of group housing: Provided that not more than one dwelling unit in the group housing shall be owned by one single person: Provided further, that the extent of vacant land which such person shall be entitled to hold shall, in no case, exceed— (a)the extent required under any building regulations govern- ing such group housing; or (b) the extent calculated by multiplying the number ofdwelling units in the group housing and the appropriate ceiling lim:t referred to in sub-section (2), whichever isless. Ezplnytotion.—For the purposes of this sub-section and sub-section ( 10),— (i) “group housing’ means a building constrticted or to be constructed With one or more floors, each floor consisting of one or more dv•el1ing units and having common service facilities: (It) “common service f ability” "ncludes I acility like stair case, balcony and verandah. (4) (e) In any State to which› this Act applies in the first instance, if, on or after the 17th day of February, 19T5, but before the appointed day, any person has made any transfer by way of sale, mortgage, gift, lease or otherwise (other thana bon¢ 5de sale undera registered deed for valuable consideration) of any vacant land held by him and situated in Such State to any other person, whether or not for consideration, then, for the purposes of calculating the extent of’ vacant land held by such 6 Urban Lard (Ceiling and Regulation) [ACT 33 (2) Where any person holds vacant land situated in two or more cate- gories of urban agglomerations specified in Schedule I, then, for the purpose of calculating the extent of vacant land held by him,- (a) one square metre of vacant land situated in an urban agglo- meration falling within category A shall be deemed to be equal to two square metres of vacant land situated in an urban agglomeration falling within category B, three square metres of vacant land situat- ed in an urban agglomeration falling within category C and four square metres of vacant land situated in an urban agglomeration falling within category D; (b) one square metre of vacant land situated in an urban agglo- meration falling within category B shall be deemed to be equal to one and one-half square metres of vacant land situated in an urban agglomeration falling within category C and two square metres of vacant land situated in an urban agglomeration falling within cate- gory D; and (c) one square metre of vacant land situated in an urban agglo- meration falling within category C shall be deemed to be equal to one and one-third square metres of vacant land situated in an urban agglomeration falling within category D. (3) Notwithstanding anything contained in sub-section (1), where in respect of any vacant land any scheme for group housing has been sanctioned by an authority competent in this behalf immediately before the commencement of this Act, then, the person holding such vacant land at such commencement shall be entitled to continue to hold such land for the purpose of group housing: Provided that not more than one dwelling unit in the group housing shall be owned by one single person: Provided further, that the extent of vacant land which such person shall be entitled to hold shall, in no case, exceed- (a) the extent required under any building regulations govern- ing such group housing; or Of the extent calculated by multiplying the number of dwelling units in the group housing and the appropriate ceiling limit referred to in sub-section (1), whichever is less. Explanation.-For the purposes of this sub-section and sub-section (10),- (i) "group housing" means a building constructed or to be constructed with one or more floors, each floor consisting of one or more! dwelling units and having common service facilities; (ii) "common service facility" includes facility like staircase, balcony and verandah. (4) (a) In any State to which, this Act applies in the first instance, if, on or after the 17th day of February, 1975, but before the appointed day, any person has made any transfer by way of sale, mortgage, gift, lease or otherwise (other than a bona fide sale under a registered deed for valuable consideration) of any vacant land held by him and situated in such State to any other person, whether or not for consideration, then, for the purposes of calculating the extent of vacant land held by such s or l9/6J Urben Land (CeilinB and fteguletion) y person the land so transferred shall be taken into account, without prejudice to the rights or interests of the transferee in the land so ‹ransferred: Provided that the excess vacant land to be surrendered by such person under this Chapter shall be selected only out of the vacant land held by him after such transfer. tb) For the purpose ot clause (a), the burden ofproving any sale to be a bone fide one shall be on the transferor. EzpIonotion.—\Vhere in any State aforesaid, there was or is in force any law prohibiting transfer of urban property in that State except under thecircumstances, if any, specified therein, then, for the purposes of this sub-section, any transfer by way ot sale of such property, being vacant land, made by anyperson undera registered deed forvaluable considera- tion in accordance with the provisions of such law or in pursuance of any sanction or permission granted under such law, shall be deemed tobea bona 5de sale. (5) Where any firm or unincorporated association or body of indi- viduals holds vacant land or holds any other land on which there isa building witha dwelling unit therein or holds both vacant land and such other land, then, the right or interest of any person in the vacant land or such other land or both, as the case may be, on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person. (6) Wherea person isa beneficiary ofa private trust and his share in the income from such trust is known ordeterminable, the share of such person in the vacant land and in any other land on which there isa build- ing witha dwelling unit therein, held by the trust, shall be deemed tobe in the same proportion as his share in the total income of such trust bears to such total income and the extent of such land apportionable to his share shall also be taken into account in calculating the extent of vacant land held by such person. (7) Wherea person isa member ota Hindu undivided tamily, so much ofthevacant land and of any other land on which there isa building witha dwelling unit tnerein, as would haveI allen to his share had the entire vacant land and such other land held br the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person. (8) Wherea person, beinga member ofa housing co-operative society registered or deemed tobe registered under any law forthe time being in force, holds vacant land allotted to him by such society, then, the extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person. (9) Wherea person holds vacant land and also holds any other land on which there isa building witha dwelling unit therein, the extent of such other land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person. (10)' Wherea person ownsa part ofa building, beinga group hous- ing, the proportionate share of such person in the land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held Joysuch person. or 1976] Urban Land (Ceiling and Regulation) 7 person the land so transferred shall be taken into account , without prejudice to the rights or interests of the transferee in the land so transferred: Provided that the excess vacant land to be surrendered by such person under this Chapter shall be selected only out of the vacant land held by him after such transfer. (b) For the purpose of clause (a), the burden of proving any sale to be a bona fide one shall be on the transferor. Explanation.-Where in any State aforesaid, there was or is in force any law prohibiting transfer of urban property in that State except under the circumstances, if any, specified therein, then, for the purposes of this sub-section, any transfer by way of sale of such property, being vacant land, made by any person under a registered deed for valuable considera- tion in accordance with the provisions of such law or in pursuance of any sanction or permission granted under such law, shall be deemed to be a bona fide sale. (5) Where any firm or unincorporated association or body of indi- viduals holds vacant land or holds any other land on which there is a building with a dwelling unit therein or holds both vacant land and such other land, then, the right or interest of any person in the vacant land or such other land or both , as the case may be, on the basis of his share in such firm or association or body shall also be taken into account in calculating the extent of vacant land held by such person. (6) Where a person is a beneficiary of a private trust and his share in the income from such trust is known or determinable , the share of such person in the vacant land and in any other land on which there is a build- ing with a dwelling unit therein, held by the trust, shall be deemed to be in the same proportion as his share in the total income of such trust bears to such total income and the extent of such land apportionable to his share shall also be taken into account in calculating the extent of vacant land held by such person. (7) Where a person is a member of a Hindu undivided family, so much of the vacant land and of any other land on which there is a building with a dwelling unit therein, as would have fallen to his share had the entire vacant land and such other land held by the Hindu undivided family been partitioned amongst its members at the commencement of this Act shall also be taken into account in calculating the extent of vacant land held by such person. (8) Where a person, being a member of a housing co-operative society registered or deemed to be registered under any law for the time being in force, holds vacant land allotted to him by such society, then, the extent of land so held shall also be taken into account in calculating the extent of vacant land held by such person. (9) Where a person holds vacant land and also holds any other land on which there is a building with a dwelling unit therein , the extent of such other land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person. (10)1 Where a person owns a part of a building, being a group hous- ing, the proportionate share of such person in the land occupied by the building and the land appurtenant thereto shall also be taken into account in calculating the extent of vacant land held by such person. J'ra: - 'er oI !and. Urboti Lord (Ceiling anâ Itegulotioa [cci 33 (II) For the removal of doubts it is hereby declared that nothing in sub-sections (5), (6), (7), (9) and (IN) shall be construed as empower- ingthecompetent authority to declare any land referred to in sub-clause (ii) or s lb-clause (iii) of clause (q) of section2 as excess vacant land under this Chapter. Eyianation.—For the purposes of this section and sections 6,8 and lh a person shall be deemed tohold any land on which there isa build- • ing (whether or not witha dwelling unit therein) if he (i) owns such land and the building; or (ii) owns such land but possesses the building or possesses such land and the building, the possession, in either case, being asa tenant undera lease, the unexpired period of which is not less than ten years at the commencement of this Act, or asa mortgagee or under ’ an irrevocable iyower or attorney ora hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities; or › (iii) possesses such land but owns the building, the possession being asa tenant undera lease or asa mortgagee or under an irrevo- cable power of attorney ora hire-purchase agreement or partly in one of the said capacities or partly in any other of the said capacity or capacities. S. (i) In any State to which this Act applies in the first instance, where any person who had held vacant land in excess of the ceiling limit at any titne during the period commencing on the appointed day and ending with the commencement of this Act, has transferred such land or part thereof by way of sale, mortgage, gift, lease or otherwise, the extent of the land so transferred shall also be taken into account in calculating the extent of vacant land held by such person and the excess vacant land in relation to such person shall, for the purposes of this Chapter, be selected out of the vacant land held by him after such transfer and in case the entire excess vacant land cannot be so selected, !he balance, or, where no vacant land is held by him after the transfer, tb.e entire excess vacant land, shall be selected out of the vacant land held by the transferee: Provided that where such person has transferred his vacant land to more than o.ne person, the balance, or, as the case may be, the entire excess vacant land aforesaid, shall be selected out of the i•acant land held by each of the transferees in the same proportion as the area of the ' vacant land transferred to him bears to the total area o1 the land trans- ferred to all the transferees. (?) Where any excess vacant land is selected out of the vacant land * transferred under sub-section (I), the transfer of the excess vacant land so selected shall be deemed tob•. null and void. _ (3) In any State to which this Act applies in the first instance and in any State which adopts this Act under clause (1) of article 252 of the Constitution, no person holding vacant land in excess of the ceiling limit immediately before the commencement of this Act shall transfer any such land or part thereof by way of sale, mortgage, gift, lease or otherwise until he has furnisheda statement under section6 and a notification regarding the excess vacant land held by him has been published under sub-section( I) of section 10; and any such transfer maae incontravention of this provision shall be deemed tobe null and void. Trans- fer of vacant land. 8 Urban Land (Ceiling and Regulation) [ACT 33 (11) For the removal of doubts it is hereby declared that nothing in sub-sections (5), (6), (7), (9) and (10) shall be construed as empower- ing the competent authority to declare any land referred to in sub-clause (ii) or sub-clause (iii) of clause (q) of section 2 as excess vacant land under this Chapter. Explanation.-For the purposes of this section and sections 6, 8 and 18 a person shall be deemed to hold any land on which there is a build- ing (whether or not with a dwelling unit therein) if he- (i) owns such land and the building; or (ii) owns such land but possesses the building or possesses such land and the building, the possession, in either case, being as a tenant under a lease, the unexpired period of which is not less than ten years at the commencement of this Act, or as a mortgagee or under an irrevocable power of attorney or a hire-purchase agreement or partly in one of the said capacities and partly in any other of the said capacity or capacities; or (iii) possesses such land but owns the building, the possession being as a tenant under a lease or as a mortgagee or under an irrevo. cable power of attorney or a hire-purchase agreement or partly in one of the said capacities or partly in any other of the said capacity or capacities.