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State of Uttar Pradesh - Section

Section 11 in The U.P. Imposition Of Ceiling On Land Holdings Rules, 1961

11.

[Section 44]. - Where portion of a plot has to be determined as surplus land, the Prescribed Authority shall, before making the said determination, demarcate the said portion. Before making the said demarcation the Prescribed Authority shall give to the tenure-holder concerned an opportunity of being heard and shall, as far as may be possible, demarcate the portion of the plot which is to be declared as surplus land in such manner that the remaining part of the plot left with the tenure-holder remains with the bulk of the land to be allotted as the ceiling area applicable to him.[11A. The provisions of Rules 10 and 11 and shall mutatis mutandis apply in the case of holdings held by a firm, co-operative society or other society or association of persons other than a public company.] [Inserted by Notification No. 2(2)-75-Revenue-1, dated 2.4.1975, published in U.P. Gazette, Part 1-Ka, dated 12.4.1975.][12. [Section 14]. - Objections filed under Sections 10 and 11 shall be entered in Misalband Register in C.L.H. Form 5.] [Substituted by Notification No. 441½(9)-75-Revenue-1, dated 6.1.1976 (w.e.f. 7.1.1976).][13. As soon as the order declaring any land surplus under Sections 11, 12 or 13 has become final, the Prescribed Authority shall send to the Collector of the district, where the surplus land is situate, intimation about the surplus land along with two copies of C.L.H. Form 5-A, for the purpose of taking possession on such land and correction of land records pertaining thereto.] [Substituted by Notification No. 159/2-5(2)-76-Revenue-1, dated 8.9.1976 (w.e.f. 25.9.1976).][14. After possession on the surplus land has been taken by the Collector, the Collector shall return one copy of C.L.H. Form 5-A to the Prescribed Authority concerned. The Prescribed Authority shall then, notify such land in the Official Gazette, on C.L.H. Form 6.] [Substituted by Notification No. 441½(9)-75-Revenue-1, dated 6.1.1976 (w.e.f. 7.1.1976).][14A. (1) Where a tenure-holder propose to deliver possession over any land referred to in sub-section (2) of Section 14, he shall send an intimation to the Collector in C.L.H. Form 47 with a copy to the Prescribed Authority concerned.
(2)If the intimation under sub-rule (1) is sent by registered post, the postal receipt thereof shall be retained by the tenure-holder as proof. But when the intimation is delivered personally to the Collector or to the Prescribed Authority, necessary acknowledgments should be obtained therefor.
(3)The possession over the land referred to in C.L.H. Form 47 shall be deemed to have been delivered to the Collector under sub-section (2) of Section 14 with effect from the date on which such Form is duly delivered or sent to the Collector.
(4)An soon as may be after possession in surplus land is taken under sub-rule (3) the Prescribed Authority shall take steps for the issuance of the necessary notification in accordance with Rule 14.] [Substituted by Notification No. 159/2-5(2)-76-Revenue-1, dated 8.9.1976 (w.e.f. 25.9.1976).][14B. (1) The Collector shall maintain a register in C.L.H. Form 7 showing details of all land declared surplus in his district.
(2)The Collector shall ensure that necessary corrections are made in the revenue records in respect of the surplus land referred to in sub-section (1) or sub-section (2) of Section 14.] [Substituted by Notification No. 1-5-8/72-Revenue-1, dated 12.7.1973.]