Section 5 in The Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973
5. Rules for computation of ceiling area.
- In computing the ceiling area applicable to a person or a family, the following rules shall be observed:-(a)All parcels of land held anywhere throughout the State by a person under one or more than one lease, engagement, grant or tenure, and whether cultivated personally or let or sublet by him, shall be deemed to be the holding of such person.(b)Where any land is held by more than one person as co-tenant or co-sharers, the area of land corresponding to the share of each of them at the commencement of this Act shall be deemed to be his separate holding whether a division thereof has or has not actually taken place.(c)All lands held individually by the members of a family or jointly by some or all of the members of the family shall be deemed to be held by the family and shall be clubbed together.(d)Where land is held by a Joint Hindu Family, the share of a member of such family in the land held by the joint Hindu family shall be taken into account.(e)The share of the family or of an individual person in the land held by a firm, society or association of individuals (whether incorporated or not) or by a company shall be taken into account.Explanation.- For the purposes of clauses (d) and (e), the share of a member of a family in the land held by a joint Hindu family and the share of a family or of an individual person in the land held by a firm, society or association of individuals (whether incorporated or not) or by a company shall be deemed to be the extent of land,-(i)which, in case such share is held on the date of the commencement of this Act would have been allotted to such member, person or family had such land been partitioned or divided, as the case maybe, on such date; or(ii)which, in case such share is acquired in any manner whatsoever after the date of the commencement of this Act, would be allotted to such member, person or family if a partition or division were to take place on the date of the preparation of the draft statement under sub-section (1) or section 12.(f)Where in the case of a person being the member of joint Hindu family, any land held separately by such person, has, on or after the 26th day of September, 1970 or at any time thereafter, been converted by such person into property belonging to the joint Hindu family through the act of impressing such land with the character of property belonging to the joint Hindu family or throwing it into the common stock of the joint Hindu family, then, the land so converted shall be deemed to be held by such person and not by the joint Hindu family.(g)Where, under the terms of a trust, any interest either in the land in respect of which a trust is created, or in the income from such land is reserved in favour of the founder of such trust, or any other person the share of the founder or such other person in the land held by such trust shall be deemed to bear the same proportion as his share bears to the total interest in such land or the income therefrom. The extent of land so arrived at shall be deemed to be held by the founder or such other person and shall be taken into account.(h)Where lands of different classification are held by a person, one acre of land under assured irrigation shall be treated as equivalent to 1.5 acres of land under assured irrigation capable of growing one crop in a year, to 3 acres of barani land in the fertile, semi-fertile and hilly zones and to eight acres of barani land in the semi-desert zone and 11 acres of barani land in the desert zone.(i)In making conversion according to the ratio specified in clause (h), the inferior quality of land shall be converted into best quality of land held by a person.
