Section 2 in The U.P. Imposition Of Ceiling On Land Holdings Act, 1960
2. Application of the Act to certain areas with exceptions or modifications. -
The State Government may, by notification in the Official Gazette, apply the provisions of this Act, subject to such exceptions or modifications, not affecting the substance, as the circumstances of the case may require, to the areas mentioned below -(i)the urban areas to which the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1950, extends;(ii)the [Kumaun and Garhwal Division] [Substituted by U.P. Act No. 20 of 1976 (w.e.f. 10.10.1975).] except the Kashipur Sub-division and such areas of Tarai and Bhabar Sub-division where no intermediaries exist; and(iii)the Pargana of Jaunsar-Bawar in the Dehra Dim district.[3. Definitions. - In this Act, unless the context otherwise requires -] [Substituted by U.P. Act No. 18 of 1973.](1)"banking company" has the same meaning as in Uttar Pradesh Public Moneys (Recovery of Dues) Act, 1972;(2)"ceiling area" means the area of land not being land exempted under this Act, determined as such in accordance with the provisions of Section 5;(3)"company", "Government company" and "public company" have the same meanings as in the Companies Act, 1956;(4)"co-operative society" means a co-operative society registered under the Uttar Pradesh Co-operative Societies Act, 1965;(5)[ "Corporation" means a statutory corporation, that is to say, a corporation established by or under an Uttar Pradesh Act or a Central Act] [Substituted by U.P. Act No. 20 of 1976 and shall be deemed always to have been substituted.];(6)"degree or post-graduate college" means such college as is an affiliated, associated or constituent college in relation to a University;(7)"family" in relation to a tenure-holder, means himself or herself and his wife or her husband, as the case may be (other than a judicially separated wife or husband), minor sons and minor daughters (other than married daughters);(8)"grove land" means any specific piece of land in a holding having trees not including [guava, papaya, banana or vine plants] [Substituted by U.P. Act No. 20 of 1976 (w.e.f. 8.6.1973).] planted thereon before January 24, 1971, in such numbers that they preclude, or when full grown will preclude, the land or any considerable portion thereof from being used primarily for any other purpose, and the trees on such land constitute a grove;(9)"holding" means the land or lands held by a person as a bhumidlmr, sirdar, asami of Gaon Sabha or an asami mentioned in Section 11 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or as a tenant under the U.P. Tenancy Act, 1939, other than a sub-tenant, or as a Government lessee, or as a sub-lessee of a Government lessee, where the period of the sub-lease is co-extensive with the period of the lease;(10)"intermediate college" means a college recognized as such by the Board of the High School and Intermediate Education, Uttar Pradesh;(11)[ "irrigated land" means land determined as such in the manner laid down in Section 4-A] [Substituted by U.P. Act No. 20 of 1976 (w.e.f. 8.6.1973).];(11A)[ "Adult" means a person who has attained the age of 18 years, and 'minor' means a person who is not an adult;] [Inserted by U.P. Act No. 2 of 1975 (w.e.f. 8.6.1973).](12)"prescribed" means prescribed by rules made under this Act;(13)"prescribed authority" means such officer not below the rank of an Assistant Collector of the first class as may be empowered by the State Government, by notification in the Gazette, to perform the functions of prescribed authority under this Act for such area or areas as may be specified in that behalf;(14)"private irrigation work" means a private tube-well, or a private lift irrigation work operated by diesel or electric power for the supply of water from a perennial water source, completed before August 15, 1972;(15)"State irrigation work" means a canal as defined in the Northern India Canal and Drainage Act, 1873, or a State Tube-well as defined in the United Provinces State Tube-wells Act, 1936, or lift irrigation work constructed, maintained or controlled by the State Government and operated by diesel or electric power for the supply of water from any perennial water source;(16)"surplus land" means land held by a tenure-holder in excess of the ceiling area applicable to him, and includes any building, wells and trees existing thereon;(17)"tenure-holder" means a person who is the holder of a holding but [except in Chapter III] [Inserted by' U.P. Act No. 2 of 1975 (w.e.f. 8.6.1973).] does not include -(a)a woman whose husband is a tenure-holder;(b)a minor child whose father or mother is a tenure-holder;(18)"unirrigated land" means any land other than [irrigated land, grove land or usar land] [Substituted by U.P. Act No. 2 of 1975 (w.e.f. 8.6.1973).];(19)"University" means a University established by law;(20)"usar land" means land determined to be usar in such manner as may be prescribed; and(21)the words and expressions not defined in this Act, but used in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, shall have the meanings assigned to them in that Act.[4. Determination of area for purposes of ceiling and exemptions. - For purposes of determining the ceiling area under Section 5 or any exemption under Section 6 -(i)Subject to the provisions of clause (ii), one-and-one-half hectares of unirrigated land or two and a half hectares of grove-land or two-and-a-half hectares or usar land shall count as one hectare of irrigated land;](ii)[one-and-one-half hectares of single crop land or two and a half hectares of any other unirrigatcd land] [Substituted by U.P. Act No. 2 of 1975 (w.e.f. 8.6.1973).] in the following area, namely -(a)Bundelkhand;(b)trans-Jamuna portions of Allahabad, Etawah, Mathura, and Agra districts;(c)cis-Jamuna portions of Allahabad, Fatehpur, Kanpur, Etawah, Mathura and Agra districts up to 16 kilometers from the deep stream of Jamuna;(d)the portion of Mirzapur district south of Kaimur Range;(e)Tappa Upraudh and Tappa Chaurasi (Balai Pahar) of Tahsil Sadar in Mirzapur district;(f)the portion of Tahsil Robertsganj in Mirzapur district which lies north of Kaimur Range;(g)Pargana Sokteshgarh and the villages mentioned in lists 'A' and 'B' of Schedule VI of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, in hilly parts of Parganas Ahraura and Bhagat of Tahsil Chuaar in Mirzapur district; and(h)the area comprised in the former Taluka of Naugarh or Tahsil Chakia in Varanasi district;(i)hilly and Bhabar area of Kumaun and Garhwal divisions and Jaunsar-Bawar Parganas of Dehradun district, shall count as one hectare of irrigated land.[Explanation. - For the purposes of clause (ii), the expression 'single crop land' means any unirrigated land capable of producing only one crop in an agricultural year in consequence of assured irrigation from any State irrigation work or private irrigation work.] [Inserted by U.P. Act No. 2 of 1975 (w.e.f. 8.6.1973).][4A. Determination of irrigated land. - The prescribed authority shall examine the relevant Khasras for the years 1378 Fasli, 1979 Fasli and 1380 Fasli, the latest village map and such other records as it may consider necessary, and may also make local inspection where it considers necessary and thereupon if the prescribed authority is of opinion :-firstly, (a) that, irrigation facility was available for any land in respect of any crop in any one of the aforesaid years; by -(i)any canal included in Schedule NO. 1 of irrigation rates notified in Notification No. 1579-W/XXIII-62-W-1946, dated March 31, 1953, as amended from time to time; or(ii)any lift irrigation canal; or(iii)any State tube-well or a private irrigation work; and(b)that at least two crops were grown in such land in any one of the aforesaid years; orsecondly, that irrigation facility became available to any land by a State Irrigation Work coming into operation subsequent to the enforcement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972, and at least two crops were grown in such land in any agricultural year between the date of such work coming into operation and the date of issue of notice under Section 10; orthirdly, (a) that any land is situated within the effective command area of a lift irrigation canal or a State tube-well or a private irrigation work; and(b)that the class and composition of its soil is such that it is capable of growing at least two crops in an agricultural year; then the Prescribed Authority shall determine such land to be irrigated land for the purposes of this Act.Explanation I. - For the purposes of this section the expression' effective command area' means an area, the farthest field whereof in any direction was irrigated -(a)in any of the years 1378 Fasli, 1379 Fasli and 1380 Fasli; or(b)in any agricultural year referred to in the clause 'secondly'.Explanation II. - The ownership and location of a private irrigation work shall not be relevant for the purpose of this section.Explanation III. - Where sugarcane crop was grown on any land in any of the years 1378 Fasli, 1379 Fasli and 1380 Fasli, it shall be deemed that two crops were grown on it any of these years, and that the land is capable of growing two crops in an agricultural year.] [Inserted by U.P. Act No. 2 of 1975 (w.e.f. 8.6.1973).]
