Section 5 in The Gujarat Agricultural Lands Ceiling Act, 1960
5. Ceiling areas.
(1)Subject to the provisions of sub-sections (2) and (3) in relation to each class of land shall be specified in the said schedule against the respective class of local area:[Provided that in areas which in the opinion of the State Government are desert or hill areas of drought-prone areas and which are specified by the State Government from time to time, by notification in the Official Gazette, as such areas, the ceiling area with reference to dry crop land shall be such area as is twelve and a half percent more than the ceiling area as specified with reference to dry crop land against the class of local area in which the said areas fall, provided however that such ceiling area shall in to case exceed an area of 21.85 hectares (54 acres), and for the purpose of the determining whether any area is a desert or hill area or a drought-prone area, regard shall be had to the soil classification of the land, the climate and the rainfall of the area, the extent of irrigation facilities in the area, the average yield of crop and the agricultural resources of the area, the general economic conditions prevalent therein and such other factors.] [This proviso was added by Gujarat 2 of 1974, section 5(4).](2)Where a person holds land consisting of different classes in the same class of local area, then for determining the question whether the total land held by him is less than, equal to, or more than, the ceiling area, the acreage of each class of land held by such person shall be converted to the acreage of dry crop land on the basis of the proportion which the ceiling area for the class of land to be so converted bears to the ceiling area for dry crop land.(3)Where a person holds, lands, whether consisting of different classes of land or not, in different classes of local areas, the question whether the total land held by him is less than, equal to, or more than, the ceiling area, shall be determined as follows, that is to say-(i)the acreage of each class of land held by the person in each class of local area shall be first converted into the acreage of dry crop land in that local area in accordance with sub-section (2) and the total acreage so arrived at shall be expressed in terms of a multiple or, as the case may be, fraction of such ceiling area;(ii)the multiple or fraction so expressed in the case of each of the local areas shall be added together:(iii)the person shall be deemed to hold land less than equal to, or more than, the ceiling area according as the sum total of the multiples and fractions under clause (ii) is less than equal to, or more than one.
