Haryana Ceiling on Land Holdings Rules, 1973

The Haryana Ceiling on Land Holdings Rules, 1973

Published vide Haryana Notification No. GSR 92/HA-26/72/S. 31/73 dated 28th August, 1973 in Legislative Supplement (Extra.)

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1. Short Title.- These rules may be called the Haryana Ceiling on Land Holdings Rules, 1973.
2. Definitions.- In these rules, unless the context otherwise requires, -

(i) 'Act' means the Haryana Ceiling on Land Holdings Act, 1972;

(ii) 'A category land' means the land under assured irrigation capable of growing atleast two crops in an year and irrigated by a canal or State tubewell as mentioned in Section 4(1)(a);

(iii) 'AA category land' means the land under assured irrigation capable of growing atleast two crops in an year and irrigated by private tubewells/pumping sets as mentioned in Section 4(1)(a) read with section 4(5);

(iv) 'B category land' means the land under assured irrigation capable of growing atleast one crop in a year as mentioned in section 4(1)(b);

(v) 'C category land' means land of all other types including land under orchard as mentioned in Section 4(1)(c);

(vi) 'Form' means a form appended to these rules;

(vii) 'Section' means a section of the Act;

(viii) 'Special Collector' means an officer appointed as such by the State Government.

3. Prescribed authority.[Section 3(o)]. - Unless otherwise provided in these rules, the prescribed authority shall be -

(i) Sub-Divisional Officer (Civil) where the land owned or held by a person is situated in the same sub-division;

(ii) Collector where the land owned or held by a person is situated in more than one sub-division but in the same district.

(iii) Special Collector where the land owned or held by a person is situated in more than one district,

[(iv) Any officer not below the rank of an Assistant Collector of the first grade emplowered in this behalf by the State Government in respect of any particular area.]

4. Tenants.[Section 3(s)]. - The following relations of the landlord shall not fall under the definition of a tenant, namely :-

(i) children;

(ii) father/mother;

(iii) sisters of the father/mother and their husbands;

(iv) brothers of father/mother and their wives;

(v) brother, their wives and their children;

(vi) sisters, their husbands and their children;

(vii) wife, her parents, her brothers and their wives, her sisters and their husbands.

5. Evaluation of land[Section 4]. - (1) The land held by a person shall be evaluated by converting various categories into category land according to the following formula :-

 

Such person shall be allowed to select an area equivalent to 21.8 hectares of C category land as permissible area and the remaining land shall be treated as surplus area.

[(2) Land irrigated by Canal/Government Tubewells. - In case the land is irrigated by canal or Government tubewell], -

(a) where land is commanded for irrigation by a perennial canal, the area of such land shall be multiplied by half of the irrigation intensity ratio specified against such canal in Scheduled 'A' category land and the remaining area of such land shall be treated as 'C' category land :

Provided that where the whole or part of the land so commanded is described in the revenue record as 'Thur' or 'Kallar', the area so described shall be multiplied by half of the irrigation intensity ratio specified against such canal in Scheduled 'A'. The figure thus arrived at shall be treated as 'C' category land;

(b) where land is commanded for irrigation by a non-perennial/restricted perennial canal, the area of such land shall be multiplied by the irrigation intensity ratio specified against such canal in Scheduled 'A'. The figure thus arived at shall be treated as 'B' category land and the remaining area of such land shall be treated as 'C' category land :

Provided that the extent of land described in the revenue record as 'Thur' or 'Kallar' shall be excluded from the commanded area for the purpose of calculations and shall be treated as 'C' category land;

(c) where land is commanded for irrigation by a Government tubewell, the area of such land shall be multiplied by half of the irrigation intensity ratio specified against Government tubewell in Scheduled 'A'. The figure thus arrived at shall be treated as 'A' category land and the remaining area of such land shall be treated as 'C' category land;

[(d) where irrigation by canal water or Government tubewell is supplemented by water drawn from privately owned tubewell, pumping set, well or other sources, the area treated as 'AA' category land in accordance with the provisions of sub-rule (3) or sub-rule (4) shall be added to the land determined under the aforesaid clause (a), clause (b) or clause (c), as the case may be.]

Illustrations Under Rules 5(2)(a)

1. A person holds 25 hectares of land commanded for irrigation by a perennial canal, the irrigation intensity ratio whereof is 57 per cent.

His permissible area will be determined as under :-

'C' category land = 25 - 7.12 = 17.88 hectares.

25 hectares on coversion into 'C' category comes to 7.12 X 3 + 17.88 = 39.24 hectares.

Surplus area = 25 - 13.88 = 11.12 hectares.

2. A person holds 25 hectares of land commanded for irrigation by a perennial canal the irrigation intensity ratio whereof is 57 per cent. Besides he has Barani land measuring 10 hecatres.

His permissible area will be determined as under :-

'C' category land = 25 - 7.12 = 17.88 hectares.

(i) In case he selects 10 hectares of Barani land, he would be allowed to select land equivalent to 11.8 hectares (balance of 21.8) of 'C' category land out of 25 hectares.

25 hectares on conversion into 'C' category comes to 39.24 hectares (as calculated in illustraction No. 1).

Surplus area = 35 - 17.52 = 17.48 hectares.

(ii) In case he selects the whole of the permissible area out of 25 hectares of commanded area, the permissible area shall be determined as in illustration No. 1.

3. In the illustration No. 1, if cut of 25 hectares, 10 hectares in 'Thur' or 'Kallar, then his permissible area will be determined as under :-

(i) In case he selects land out of 15 hectares commanded area other than 'Thur' or 'Kallar', his permissible area will be determined as under :-

'C' category land = 15 - 4.27 = 10.73 hectares.

15 hectares land on coversion into 'C' category land comes to

4.27 X 3 + 10.73 = 23.54 hectares.

Surplus area = 25 - 13.9 = 11.1 hectares.

(ii) In case he selects 10 hectares of 'Thur' or 'Kallar' land, his permissible area will be determined as under :-

'C' Category land = 10 - 2.85 = 7.15 hectares.

10 hectares on conversion into 'C' category land comes to

2.85 X 2 + 7.15 = 12.85 hectares.

Permissible area = 5.7 + 10.0 = 15.7 hectares.

Surplus area = 25 - 15.7 = 9.3 hectares.

[4. A person holds 25 hectares of land commanded for irrigation by a perennial canal the irrigation intensity ratio whereof is 45 per cent. There is a privately owned tubewell with a motor of 5 H.P. installed in that land falling within the area of Community Development Block, Karnal. His permissible area will be determined as under] :-

According to Scheduled 'B', the land irrigated by the private tubewell with a motor of 5 H.P. shall be 2.5 hectares of 'AA' category.

'C' category land = 25 - (5.62 + 2.5) = 16.88 hectares.

25 hectares on conversion into 'C' category land comes to

 

Surplus area = 25 - 13.71 = 11.29 hectares.

Illustrations Under Rule 5(2)(b)

1. A person holds 10 hectares of land commanded by a non-perennial/restricted perennial canal the irrigation intensity ratio whereof is 40 per cent. Besides, he has 20 hectares of Barani land.

His permisisble area will be determined as under :-

'C' category land = 10 - 4 = 6 hectares.

10 hectares on coversion into 'C' category land comes to 4 X 2 + 6 = 14 hectares.

(i) In case he selects the commanded area of 10 hectares, his permissible area will be as under :-

10 hectares (equal to 14 hectares of 'C' category) + 7.8 hectares out of Barani land = 17.8 hectares.

Surplus area = 30 - 17.8 = 12.2 hectares.

(ii) In case he selects 20 hectares of Barani land, he will be entitled to 1.8 hectares of 'C' category land out of 10 hectares.

Surplus area = 30 - 21.3 = 8.7 hectares.

2. In the illustration No. 1, if out of 10 hectares, 5 hectares is 'Thur' or 'Kallar' then his permissible area will be determined as under :-

(i) In case he selects out of Barani land (20 hectares) and 'Kallar' land (5 hectares), he is entitled to select 21.8 hectares as permissible area as 'Kallar' land in this case shall be treated as 'C' category.

(ii) In case he selects 20 hectares of Barani land and the balance of 1.8 hectares of 'C' category land out of 10 hectares of commanded area other than 'Kallar' his permissible area will be determined as under :-

Out of 10 hectares, 5 hectares of 'Kallar' land shall be treated as 'C' category. So, out of remaining 5 hectares

'C' category land = 5 - 2 = 3 hectares.

5 hectares on conversion into 'C' category = 2 X 2 + 3 = 7 hectares.

Surplus area = 30 - 21.3 = 8.7 hectares.

[3. A person holds 10 hectares of land commanded by a non- perennial canal whereof irrigation intensity ratio is 40 per cent. There is a privately owned tubewell with a motor of 5 H.P. installed in that land. Besides, he has 20 hectares of Baraini land falling within the Community Development Block Ladwa.]

His permissible area will be determined as under :-

According to Scheduled 'B' the land irrigated by the tubewell with a motor of 5 H.P. shall be 2.5 hectares of 'AA' category land.

'C' category land will be = 10 - (4 + 2.5) = 3.5 hectares, 10 hectares on conversion into 'C' category land comes to

In case he selects 20 hectares of Barani land, he will be entitled to 1.8 hectares of 'C' category land out of 10 hectares.

Surplus area = 30 - 21.03 = 8.97 hectares.

[(3) Land irrigated by private tube-well/pumping set owned by the landowner. - In case of irrigation by water drawn from a privately owned tubewell (s) pumping set(s), owned by that landowner, the land to the extent mentioned in Scheduled 'B' for each tubewell/pumping set shall be treated as 'AA' category land and the remaining area shall be deemed to be 'C' category land.

Illustration :

1. A person holds 25 hectares of land which is irrigated by a tubewell owned by that person with a motor of 5 H.P. within the area of the Community Development Block, Thanesar.

In this case the permissible area shall be determined as under :-

According to the Scheduled referred to in rule 5(3), the commanded area shown is 2.5 hectares which will be treated as 'AA' category land. This on conversion into 'C' category comes to

His permissible area shall be equal to 2.5 + 15.8 = 18.3 hectares.

Surplus area = 25 - 18.3 = 6.7 hectares.

2. In case the above landowner has two tubewells each with a motor of 5 H.P. in his holding, the permissible area shall be determined as under :-

Area to be treated as 'AA' category = 2 X 2.5 = 5.00 hectares

Permissible area (equal to 12 hectares of 'C' category) + 9.8 = 14.8 hectares

Surplus area = 25 - 14.8 = 10.2 hectares.

(4) Land irrigated by well and other sources. - In case of land irrigated by well or other sources owned by the landowner himself except those mentioned in sub-rules (2) and (3), 0.50 hectare of land shall be treated as 'AA' category land and the remaining area shall be deemed to be 'C' category land.

Illustration :

A person holds 25 hectares of land which is irrigated by a source other than that mentioned in sub-rules (2) and (3).

'C' category land = 21.1 hectares. Surplus area = 25 - 21.1 = 3.9 hectares.]

Schedule 'A'

[See rule 5(2)]

 

Schedule 'B'

[See rule (3)]

 

6. Form and manner of declaration and its verification.[Section 9]. - (1) The declaration supported by an affidavit required to be furnished under Section 9 shall be furnished by a person in Form I either personally or through an agent duly authorised in writing to the concerned prescribed authority who shall issue a receipt in token thereof.

(2) Such person may make an application to the prescribed authority so as to arrange to fill up Form I for him. Such an application shall bear a court fee stamp of ten rupees. The person concerned shall be bound to supply the attested copies of the revenue records and other documents required for the purpose of filling in the form in respect of the concerned land.

(3) On receipt of declaration form from such person, the presribed authority shall get the particulars given therein verified by the Tehsildar/Tehsildars of the Tehsil/Tehsils in which the person owns or holds land.

7. Collection of information.[Section 10]. - (1) Where any person fails to furnish the declaration as required by section 9, the prescribed authority shall cause the statements to be prepared in Form II by the Circle Revenue Officer.

(2) The statement thus prepared would be communicated through notice in Form III. In case any objections are raised, the prescribed authority shall dispose of the same by an order giving reasons therefor.

8. Preparation of statement.[Section 11]. - (1) After satisfying himself as to the correctness of the particulars given in Form I or II, the prescribed authority shall prepare a statement as required by sub-section (1) of section 11 in Form IV.

Provided that if Form IV is not prepared in accordance with the particulars given in Form I, the prescribed authority shall pass an order giving reasons for the variation.

(2) One copy of the statement in Form IV shall be sent to [the landowner, mortgagee with possession, and their tenant] by registered post; and also to the Tehsildar and Collector of the district.

(3) A fee of ten rupees in the shape of Court fee stamp per copy shall be charged for each additional copy supplied on demand.

9. Form of order.[Section 13]. - (1) The order to be issued under sub-section (1) of Section 13 shall be in Form V.

(2) The prescribed authority for the purposes of section 13 shall be the Circle Revenue Officer.

10. Form of Statement for amount payable and the manner of serving the same.[Section 16]. - (1) When the statement under section 11 has been finalised, the prescribed authority shall as soon as thereafter as may be practicable prepare the statement for the payment of amount in accordance with the provisions of section 16, in Form VI, after taking into account the market value of the building, structure, [tubewell, water courses including its subsidiary works][crop or tree including fruit tree]if any, on the land as determined by the[prescribed authority].

(2) The notice referred to in sub-section (2) of section 10 shall be in Form VII.

(3) In determining the market value of any building, structure or [tubewell, watercources including its subsidiary works], the [prescribed authority] may call for the advice of the Sub-Divisional Officer, P.W.D. (Building and Roads), or any other person considered suitable for the purpose [x x x].

(4) Under the proviso to sub-section (5) of section 16 the period shall be :-

(i) two months from the date on which the intimation to remove the structure, etc., if any, is sent;

(ii) reasonable time for removing a crop.

Explanation. - The extent of reasonable time shall be determined by the prescribed authority with due regard to the climatic conditions of the area and other circumstances in which a farmer of average produce may be expected to harvest his crop once it was ripe.

11. Mode of payment of amount [Section 17].- (1) The amount shall be paid in the following manner, namely :-

(i) the first equated installment shall become due on the 1st February or 1st August following the taking over of the possession;

(ii) the remaining nine equated instalments shall become due at regular annual interval following the date of first instalment.

(2) All installments referred to in sub-rule (1) shall be equal in amount up to a rupee, the balance, if any, being payable with the last instalment.

(3) Payment of amount in cash shall be made by the Treasury Officer as indicated by the prescribed authority through vouchers in Form VIII.

Provided that where a person entitled to receive the amount wants that the payment of amount payable to him be paid by money order, the amount shall be paid to him by money order after deducting money order fee from the amount payable.

(4) A voucher which is not encashed within three months from the date of its issue shall cease to be cashable unless it is, on an application by the holder thereof, countersigned and revalidated for a further period of two months only for payment by the [Sub-Divisional Officer (Civil)] who is authorised to revalidate the voucher once only. The holder, on failure to obtain payment within three months from the date of issue shall submit the voucher with an application for revalidation of the same. Such an application for revalidation shall be made within one month of date of expiry of validity of the voucher.

In case of loss, destruction, mutilation of the original voucher or on expiry of the revalidated/original voucher, the holder may apply for the issue of a fresh voucher. In such a case, fresh voucher shall not be issued until after the expiry of six months from the date of issue of the original voucher and after a non-payment certificate has been obtained from the Treasury Officer.

12. Amount of voucher[Section 17]. - The Treasury Officer shall keep an account of vouchers presented and encashed on each day of payment in Form IX. The statement in Form VIII shall be kept in a guard file. Where no payments are made on any day, the Treasury Officer shall prepare a blank statement in Form IX. The Treasury Officer shall prepare a monthly statement in Form X, and send one copy thereof to the Tehsildar who shall intimate the details therein to the Deputy Commissioner. The Deputy Commissioner shall send a consolidated statement in Form IX on 1st January, 1st April, 1st October, to the State Government.
13. Form and manner of appeal [--]and revision.[Section 18]. - (1) The memorandum of appeal shall be in the form of narrative and it shall set forth, concisely and under distinct heads, the grounds of objection to the order appealed from and also the relief claimed.

(2) The memorandum of appeal shall be accompanied by a certified copy of the order appealed from.

(3) The memorandum shall be prescribed to the appellate authority by the appellant or his duly authorised agent and it shall be signed and verified in the manner in which plaints are signed and verified.

(4) The aforesaid provisions regarding the memorandum of appeal shall apply mutatis mutandis to the application for [--] revision.

14. Procedure of authority[Section 24]. - Except as otherwise provided in these rules, in all proceedings under the Act, the prescribed authority or any other officer shall observe the same procedure as is prescribed for Revenue Officer under the provisions of the Punjab Tenancy Act, 1887 and rules framed thereunder.
15. (1) The following court fee shall be levied in case of appeal and [--]revision under sections indicated below :-

(iv) [-----------------]

[(2) ------------]

(3) Save as otherwise provided in the rules, all applications under this Act/rules shall bear a court fees of Rs. 2/-.

(4) All fees shall be paid by means of Court fees stamps.

16. Manner of service of notice or orders.[Section 31]. - Save as otherwise provided in these rules, notices or orders under the Act shall be served in the manner provided in section 90 of the Punjab Tenancy Act, 1887 (Act XVI of 1887).
17. Repeal.- The Pepsu Tenancy and Agricultural Lands Rules, 1958, the Punjab Security of Land Tenures Rules, 1953, and Punjab Security of Land Tenures Rules, 1956, as amended from time to time, are hereby repeated in so far as they relate to the matters dealt in these rules and are inconsistent with these rules;

Provided that, notwithstanding the repeal of the said rules, anything done or any action taken in the exercise of any power conferred by or under the said rules shall be deemed to have been done or taken in exercise of the powers conferred by or under these rules, as if these rules were in force on the day, on which such thing was done or action was taken.

Form I

Declaration Form

(Under Section 9)

Presented to

Declaration by ........................., son of ..........................., Village ............................, Tehsil ......................., District ................................... under section 9 of the Haryana Ceiling on Land Holdings Act, 1972, regarding particulars of land owned by him and his family and selection of permissible area for him and his family members.

Part A

Details of family members

 

Part B

Details of land held on 24th January, 1971 by the members of the family including the separate units(s) as landowners, tenants or mortgagees with possession or partly in one capcity or partly in another transfers or dispositions made after 24th January, 1971

 

 

24th January, 1971

 

Part C

Sub Part (1) - Statement of transfers and dispositions in respect of the surplus area tenants' permissible area and the areas in excess of the permissible area under the Punjab Law/Pepsu Law

Sub Part (II) - Statement of transfers or dispositions made by persons mentioned in Part 'A' from 15th April, 1953 onwards

Part D

Details of Land claimed/selection of land for retention as permissible area. Category of land permissible/selected

 

 

Part E

(Details of area offered as surplus)

 

Signature of the declarant

I, _________________, son of ____________, village _____________, Tehsil _____________, district ______________ hereby solemnly declare declare and affirm that the particulars given by me in this declaration are true to the best of my knowledge and belief and that nothing has been concealed therein.

Signature of the declarant.

Attested

Certified that the above declaration was made on solemen affirmation before me by _________ or has been read out by me to Shri _____________, son of ___________, resident of village ________, tehsil _______, district _______________ this _________ day of _________ 19 at ___________

Certificate by Prescribed Authority

Certified :

(i) that this form has been entered at Serial No. _______ of the register maintained for the purpose, and

(ii) that a duly signed receipt has been issued to the declarant.

Signature of the declarant in token of having obtained the receipt.

Prescribed Authority.

Form II

Declaration Form

[Under Section 10]

Prepared by Shri ......................................, Tehsildar ................., district ...................... in respect of the land held by Shri.............. of village............ tehsil.......... district..........

Part A

Details of family members

 

Part B

Details of land held on 24th January, 1971 by the members of the family including the separate units as land owners, tenants, or mortgagees with particulars of land

 

landowners, tenants or mortgagees with possession or party in one capacity or partly in another transfers or disposition made after

 

24th January, 1971

 

 

Part C

Sub Part (I) - Statement of transfers and dispositions in respect of the surplus area/tenants' permissible area and the areas in excess of the permissible area under the Punjab Law/Pepsu Law

 

Sub Part (II) - Statement of transfers or dispositions made by persons mentioned in Part 'A' from 15th April, 1953 onwards

 

Form III

(Under Section 10)

Notice

A copy of the statement prepared under section 10 of the Haryana Ceiling on Land Holdings Act, 1972 and pertaining to the land owned or held by you, as known at the moment, is sent herewith, for your information.

You may appar personally or by duly authorised agent before the undersigned on ________ at _________ and state as to why surplus land be not determined under the Act on the basis of this statement.

Be it noted that in case you fail to appear on the said date and time, an ex-parte decision would be taken.

Form IV

(Under Section 11)

Statement showing the particulars of a landowner as required under section 11 of the Haryana Ceiling on Land Holdings Act, 1972.

Note. - Figures wherever required to be given in this form should be in English numerals.

Part A

 

Part B

 

Part C

Details of the land declared surplus

Tehsil___________ Village__________ Qila No. _________ Khasra No.______

Prescribed authority
Designation
Address

Office of the _________________________________________________________________________ (Prescribed Authority)

A copy is forwarded to Shri _______________, son of __________ resident of village _________, Tehsil _________, and District ________ for necessary action under section 11(2) of the Haryana Ceiling on Land Holdings Act, 1972.

Signature :
Prescribed Authority
Designation
Address

A copy in triplicate forwarded to the Tehsildar as required under section 11(2) of the Haryana Ceiling on Land Holding Act, 1972. One copy be served on the tenant (s) of the landowner and the second copy to be returned in acknowlement thereof.

Signature :
Prescribed Authority
Designation
Address

A copy is forwarded to the Collector of ______________ District.

Signature :
Prescribed Authority
Designation
Address

Form V

(Under Section 13)

To

___________________

As per details given below ______________ of land belonging to you and situated in village(s) has been declared surplus.

You are hereby directed to hand over the possession of this land to....... within 10 days of the service of this order.

Be it noted that in case you fail to deliver the possession as required action would be taken under Section 13(2) of the Haryana Ceiling on Land Holdings Act, 1972 to secure the possession.

Prescribed Authority,

Details of the Area declared as surplus

Tehsil______ Village_______Qila No. _________ Khasra No. ______ Area_____

Form VI

[Under Section 16(2)]

Statement of amount payable to Shri _____________, son of ____________ Resident of Village ___________, Tehsil ___________ District_________

 

1. Total

A copy is forwarded to Shri ________, son of ________, resident of village _______ Tehsil ______, District ______ for information. He should contact the Tehsildar ________ for payment of amount.

Prescribed Authority
Designation
Address

A copy is forwarded to the Tehsildar _____ for information and payment of the amount in accordance with the law.

Prescribed Authority

Designation

Address

Form VII

[Under Section 16(2)]

To

_____________________

_____________________

A copy of the statement prepared under sub-section (2) of section 16 of the Haryana Ceiling on Land Holdings Act, 1972, is forwarded to you under the said sub-section. You are hereby required to appear personally or by duly authorised agent before the undersigned on the __________________ at ______________ (mentioned here date) __________ (mentioned here time and place) and state the natue of interest on the land and the amount and particulars of your claim to the amount for such interest.

Prescribed authority.

Designation

Address

Date ____________

Place____________

*The date should not be less than 15 days from the date of the issue of the notice.

 

*1st Amendment Rules, 1979

Form IX

(See rule 12)

Statement of encashed amount cash vouchers issued for the surplus area determined under the Haryana Ceiling on Land Holdings Act, 1972.

 

Form X

(See rule 12)

Monthly statement of payment of amount in cash for the surplus area determined under the provisions of the Haryana Ceiling on Land Holdings Act, 1972.

 

Treasury,
District
Date

To

The Tehsildar.

Form XI

(See rule 12)

Consolidated quartely statement of payment of amount in cash for the surplus area determined under the provisions of the Haryana Ceiling on Land Holdings Act, 1972.

For the months of ___________ 197______

 

No.
Date
Forwarded to the -
Secretary to Government, Haryana, Revenue Department, for information.

Deputy Commisioner,
District