Section 35 in The M.P. Ceiling On Agricultural Holdings Act, 1960
35. Allotment of surplus land vesting in the State Government under this Act.
(1)Subject to the provisions of this Act and the rules framed thereunder surplus land vesting in the State under Section 12 shall be allotted in Bhumiswami rights to the persons mentioned hereunder in the order c priority as indicated therein on payment of a premium equivalent to the compensation payable in respect of such land-(i)[ agricultural labourers,- [Substituted by M.P. Act No. 13 of 1974. (w.e.f. 7-3-1974.)](a)belonging to Scheduled Castes and Scheduled Tribes; and(b)others;(ii)joint farming society, the members of which are agricultural labourers, or landless persons whose main occupation is cultivation or manual labour on land, or a combination of such persons;(iii)better farming society, the members of which are agricultural labourers, or landless persons whose main occupation is cultivation or manual labour on land, or a combination of such persons;](iv)[ freedom fighters;] [Inserted by M.P. Act No. 20 of 1974. (w.e.f. 7-3-1974.)](v)displaced tenants subjects to the provisions of Section 202 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);(vi)holders holding contiguous land;(vii)joint farming society of agriculturists;(viii)better farming society of agriculturists;(ix)any other co-operative farming society subject to the condition that land (including the land as owner or tenant individually by members) shall not exceed the area equal to the number of members multiplied by the ceiling area;(x)an agriculturist holding land less than the ceiling area:Provided that unless the State Government otherwise directs surplus land consisting of compact area shall be either reserved for Government farm or allotted to co-operative societies or any other public purpose.[Explanation I. - For the purpose of clause (iv), "freedom fighter" means a person who by reason of his taking part in any national movement for independence prior to the 15th August, 1947,(i)had been awarded capital punishment; or(ii)had to suffer imprisonment or detention for a period exceeding six months; or(iii)had been permanently incapacitated on account of injuries infected upon his person in firing or lathi charge; or(iv)had to suffer loss of property, whether wholly or partly or loss of employment or loss of his means of livelihood, and includes his principal heir where such person-(a)was hanged in execution of the capital punishment; or(b)died during the course of imprisonment or detention.Explanation II. - For the purpose of Explanation I, "principal heir" means the eldest son of the deceased or, if there is no son of the deceased or, if there is no son surviving, such other heir of the deceased, as the Collector may declare to be the principal heir.] [Inserted by M.P. Act No. 20 of 1974. (w.e.f. 7-3-1974.)](2)The premium payable under sub-section (1) may be paid by the allottee either in a lump sum within six months of the commencement of the agricultural year next following the date of allotment or in twenty equal instalments, the first instalment being payable on the commencement of the agricultural year next following the date of allotment. If the premium is paid in instalments the unpaid balance of such premium shall carry interest at the rate of 3 per centum per annum with effect from the date on which the first instalment falls due.(3)[ Where the land allotted under sub-section (1) is an orchard other than banana gardens and vine yards, the allotee shall maintain the orchard intact.] [Inserted by M.P. Act No. 13 of 1974 (w.e.f. 7-3-1974)]
