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The Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973

77 sections · 0 chapters · 1 schedules

Section 1 Short title, extent and commencement
Section 2 Definitions
Section 3 Act to override other laws, contracts, etc.
Section 4 Ceiling area
Section 5 Basis of calculation of the extent of land held by the founder of a public trust
Section 6 Compensation scale for acquired land
Section 7 Furnishing of return by persons holding land in excess of ceiling area
Section 8 Collection of information
Section 9 Preparation and publication of draft statement as regards land in excess of the ceiling area
Section 10. (1) If while considering the objections received under sub-section (5) of section 9 or otherwise, the authorised officer finds that any question has arisen regarding the title of a person to any land and such question has not already been finally determined by, or is not pending before, a competent court, the Land Tribunal or other authority, the authorised officer may, subject to the provisions of sub-section (2), decide such question summarily in such manner as may be prescribed and may pass such order as he deems fit. (2) Where in the opinion of the authorised officer the decision of a question under sub-section (1) involves a substantial question of law or of fact, he shall, for reasons to be recorded in writing, refer the question to the Land Tribunal. (3) The order of the authorised officer under sub-section (1) shall not be subject to any appeal or revision, but any party may, within three months from the date of service of a copy of such order, institute a suit in the Land Tribunal within whose jurisdiction the land or the major part thereof is situated to have the order set aside or modified but subject to the final result of such suit, if any, the order of the authorised officer shall be final. Authorised officer to decide question of title in certain cases
Section 11. (1) After the disposal of the objections, if any, preferred under sub-section (5) of section 9, and after passing the order, if any, under sub-section (1) of section 10, the authorised officer shall, subject to the provisions of this Act and the rules made thereunder, make necessary alterations in the draft statement in accordance with the order passed on the objections aforesaid and the order, if any, passed under sub-section (1) of section 10, and shall declare the surplus land held by each person. (2) The authorised officer shall thereafter publish in such manner as may be prescribed a final statement specifying therein the entire land held by each person, the land to be retained by him within the ceiling area and the land declared to be surplus land and such other particulars as may be prescribed and cause a copy thereof to be served on the persons referred to in sub-section (5) of section 9. (3) The statement referred to in sub-section (2) shall, subject to the provisions of section 13, be conclusive evidence of the facts stated therein. Publication of final statement
Section 12. (1) Notwithstanding anything contained in sections 10 and 11, the authorised officer shall, in calculating the extent of land held by any person, exclude the land in respect of which any question of title is pending before a competent court, or the Land Tribunal or other authority and where after such exclusion the land held by such person is in excess of the ceiling area, he shall declare the land in excess to be surplus land. (2) The land so declared as surplus land shall be incorporated in the final statement published under section 11. Exclusion of certain land from calculating of ceiling area
Section 13. (1) As soon as may be, after the final disposal of the suit or other proceeding or suit relating to the question of title of any land excluded under section 12, the authorised officer shall – (i) amend the final statement published under section 11, or (ii) where there is no such final statement, prepare a final statement, if necessary, under section 11. in accordance with the decision of the court or the Land Tribunal or other authority, as the case may be. (2) The final statement amended or prepared under sub-section (1), shall be published in such manner as may be prescribed and the authorised officer shall cause a copy of the final statement as so amended or prepared to be served on the persons referred to in sub-section (5) of section 9. Amendment of final statement in certain cases
Section 14. Notwithstanding anything contained in section 11 and 12, the authorised officer may, either of his own motion or on the application of any of the parties, - (a) if he is satisfied that a bona fide mistake has been made in regard to any entry in the final statement published under section 11 or section 13, make the necessary corrections therein; (b) at any time, correct any clerical or arithmetical mistake in regard to any entry in such final statement. Powers to rectify bona fide mistakes and clerical errors
Section 15. (1) Where any land held by any person as possessory mortgagee is in excess of the ceiling area of such person, the possession of the land in such excess shall, with effect from the date of publication of the final statement under section 11 or section 13 – (a) in any case where the total holding of the possessory mortgagor is not in excess of the ceiling area, revert to the possessory mortgagor; (b) in any case where the total holding of the possessory mortgagor is in excess of the ceiling area, and where he desires the land mortgaged by him or any part thereof to be included within his ceiling area in the return furnished by him under section 7, revert to him subject to the condition that the land so reverted together with the other land held by him does not exceed the ceiling area. (2) Where the possession of the land in excess held by a possessory mortgaged or any part thereof does not revert to the possessory mortgagor under sub-section (1), the Government may acquire such land under section 17. (3)(a) (i) The possessory mortgagor to whom possession of the land mortgaged reverts under sub-section (1), shall pay the mortgage money due to the possessory mortgagee in respect of that land. (ii) Where possession of a part only of the land mortgaged reverts to the possessory mortgagor under sub-section (1), the possessory mortgagor shall pay to the possessory mortgagee such amount of the mortgage money as bears to the entire amount of the mortgage money, the same proportion as the value of the part aforesaid on the date of such reversion bears to the value of the entire extent of the land mortgaged on the said date. (iii) Where no agreement can be reached in respect of the mortgage money payable under sub-clause (i) or sub-clause (ii), the authorised officer shall, subject to the provisions of sub-clause (iv) and after making such inquiry as he deems fit, decide the amount so payable. (iv) Where in the opinion of the authorised officer the decision of a question under sub-clause (iii) involves a substantial question of law or of fact, he shall, for reasons to be recorded in writing, refer the question to the Land Tribunal. (b) The land or any part thereof, the possession of which reverts to the possessory mortgagor under sub-section (1), shall be the security for the payment of the mortgage money. (c) The mortgage money referred to in clause (a) shall, for the purpose of article 62 of the Schedule to the Limitation Act, 1963 (Central Act 36 of 1963), be deemed to have become due with effect from the date of reversion under sub-section (1), and shall carry interest at the rate of five and a half percentum per annum from the said date. (4) Where the possession of any land or any part thereof is likely to revert to the possessory mortgagor under sub-section (1), the authorised officer shall first fix the ceiling area of the possessory mortgagee. Possession of and held by possessory mortgagee to revert to the possessory mortgagor in certain cases
Section 16. (1) Where any land held by any person as tenant is in excess of the extent of land which he is entitled to hold under section 4, the possession of the land in such excess shall, with effect from the date of publication of the final statement under section 11 or section 13, revert to the land owner to the extent to which the land of the land owner himself is not liable to be declared as surplus land in accordance with the provisions of this Act. (2) Where in respect of any land, the possession of which reverts to the land owner under sub-section (1), the contract of tenancy provides for the continuance of the tenancy after the expiry of the agricultural year immediately succeeding the date of such reversion, such land owner shall pay to the tenant an amount equivalent to one eighth of the fair rent calculated in the manner specified in paragraph 4 of Part I of Schedule I and out of such amount, three-fourths shall be paid to the cultivating tenant and one-fourth to the intermediary, if any. (3) If any dispute arises in regard to the amount payable under sub-section (2), either party may make an application to the authorised officer within whose jurisdiction the land or the major part thereof is situated, for deciding such dispute and the authorised officer shall decide such dispute in accordance with such procedure as may be prescribed. Possession of land held by tenant to revert to the land owner in certain cases
Section 17. (1) After the publication of the final statement under section 11 or section 13, the Government shall, subject to the provisions of sections 15 and 16, publish a notification to the effect that the surplus land is required for a public purpose. (2) A soon as may be after the publication of a notification under sub-section (1), the authorised officer shall – (a) cause to be published in every village or town in which any part of the land specified in such notification is situated a proclamation containing the terms of the notification: Acquisition of surplus land
Section 18 Direction by Land Commissioner
Section 19 Declaration to be made before the registering authority in certain cases
Section 20 Penalty for future acquisition in contravention of section 6
Section 21 Ceiling on future acquisition by inheritance bequest or by sale in execution of decree, etc.
Section 22 Restriction on transfer of land by a person
Section 23 Industrial or commercial undertakings to apply to Government for permission to hold-land in excess of ceiling area.
Section 24 Determination of amount for land acquired by Government
Section 25 Claims of mortgagee or charge holder on surplus land
Section 26 Claims of limited owner on surplus land
Section 27 Claims of maintenance holder on surplus land
Section 28 Payment of amount to certain tenants
Section 29 Manner of payment of amount
Section 30 Definition
Section 31 Person holding land as cultivating tenant to furnish return in certain cases
Section 32 Authorised officer to take possession of land in excess of cultivating tenant’s ceiling area
Section 33 Liability of Government to pay rent
Section 34 Authorised officer to distribute possession of land
Section 34-A Power of the Government to reserve land for other public purposes
Section 35 Authorised officer empowered to summarily dispossess persons in certain cases
Section 36 Amount payable to tenants in certain cases
Section 37 Certain claims for arrears of rent not to be enforced against Government
Section 38 Land owner’s right to resume possession under Puducherry Act 9 of 1971 not affected
Section 39(1) Furnishing of return on acquisition by lease of any land in excess of cultivating tenant’s ceiling area
Section 40 Effect of certain Acts
Section 41 Provisions of this Chapter to override other provisions
Section 42 Exemptions
Section 43 Act not to apply to land held by sugarcane factory
Section 44(1) Constitution of Land Tribunals
Section 45(1) Jurisdiction of Land Tribunals
Section 46(1) Appeal to Land Tribunal
Section 47 Appeal to High Court
Section 48 Limitation Act to apply to appeal under section 46 or 47
Section 49 Revision by Land Commissioner
Section 50 Revision by High Court
Section 51 Power to Stay
Section 52(1) Penalty for failure to furnish return
Section 53 Penalty for failure to furnish information under section 68
Section 54 Penalty for furnishing false return or information
Section 55 Penalty for making false declaration under section 19
Section 56 Penalty for acquisition by lease or possessory mortgage in excess of ceiling area
Section 57 Penalty for contravention of any lawful order
Section 58 Penalty for cutting trees or for removing any machinery, etc.
Section 59 Offences by companies
Section 60 Cognizance of offences
Section 61 Disposal of Land acquired by Government
Section 62 Conversion of one kind of land into another not to affect ceiling area in certain cases
Section 63 Decrease in number of members of family not to affect ceiling area
Section 64 Power of Government to issue orders and directions to the authorised officer, etc.
Section 65 Transfer of any application or other proceeding from one authorised officer to another
Section 66 Returns and reports
Section 67 Authorised Officer empowered to obtain information from court, etc.
Section 68 Authorised officer empowered to obtain information from persons
Section 69 Costs
Section 70 Power to enter upon land
Section 71 Indemnity
Section 72 Bar of jurisdiction of Civil Courts
Section 72-A Parties not to be represented by legal practitioners before the authorised officer
Section 73 Court fees
Section 74 Delegation of powers
Section 75 Power to remove difficulties
Section 76 Powers to make rules
Section 77 Savings
Section PART-II Land Revenue of which or portion thereof has been assigned
Section SCHEDULE – II Compensation to Tenants

The Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973

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The Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973
Section 34-A

←Section 34 Section 35→

Section 34-A of The Puducherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 — Power of the Government to reserve land for other public purposes

Bare section text

Official Legislative Text

Notwithstanding anything contained in section 34, the Government may, if it considered necessary that any surplus land, the possession of which the authorised officer has taken under section 32, is required for any public purpose, reserve such land for such purpose.

Notes for this section are being prepared — this page will update on its own once they’re ready.

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