HCLH Act 15अध्याय II · Ceiling on Land and Acquisition and Disposal of Surplus Area

धारा 15 · Disposal of surplus area

(1)

The surplus area acquired or vested under section 12 shall be at the disposal of the State Government.

(2)

The State Government may, by notification, frame a scheme for utilizing the surplus area by allotment of land to members of the Scheduled Castes and Backward Classes, landless persons, agricultural workers, tenants, ex-servicemen, tenants liable to ejectment, or persons owning [land measuring less than two hectares of the category specified in clause (c) of sub-section (1) of section 4] [Substituted by Haryana Act

40 of 1976

.] or land of equivalent value :[Provided that - [Substituted by Haryana Act

40 of 1976

(i)

a tenant holding land declared as the tenant's permissible area under the Punjab law or the Pepsu law, as the case may be, may be allotted land to the extent of the area held by him or the permissible area under this Act, whichever is less;

(ii)

a tenant who was allotted and given possession of land in the surplus area by the State Government under the Punjab law or the Pepsu law, may be allotted land to the extent of the area so allotted to him;

(iii)

a tenant liable to ejectment as a result of an ejectment order or decree passed against him under clause (i) of sub-section (1) of section 9 of the Punjab law or sub-section (1) of section 7A of the Pepsu law, may be allotted land to the extent of the area mentioned in section 9A of the Punjab law or section 7A of the Pepsu law, as the case may be;

(iv)

a tenant, settled on the surplus area by the landowner before Kharif, 1968, who is not -

(a)

landowner's relation of the category specified in clause (9) of section 2 of the Punjab law or the rules made thereunder; or

(b)

The landowner's relative of the category specified in the rule made under sub-clause (ii) of clause (g) of section 2 read with section 52 of the Pepsu law; or

(c)

the landowner's relation of the category specified in the rule made under clause (s) of section 3 read with section 31 of this Act,

may be allotted land to the extent of two hectares of the category specified in clause (c) of sub-section (1) of section 4 or land of equivalent value subject to the condition that the land so allotted and the land held by him, if any, do not exceed two hectares of land of the category specified in clause (c) of sub-section (1) of section 4 or land of equivalent value; and

(v)

a person from any other eligible category may be allotted land to the extent of two hectares of the category specified in clause (c) of sub-section (1) of section 4 or land of equivalent value subject to the condition that the land so allotted and the land held by him, if any, do not exceed two hectares of land of the category specified in clause (c) of sub-section (1) of section 4 or land of equivalent value:]

Provided further that where a sub-tenant, except that of a widow, a minor, an unmarried woman, a member of the Armed Forces of the Union or a person incapable of cultivating land by reason of physical or mental infirmity is in possession of land, the allotment shall be made to him to the exclusion of the tenant:[Provided further that until the scheme for utilising the surplus area under this Act is finalised and notified, the surplus area and the tenants permissible area vested in the State Government under sub-section (3) of section 12, may be taken possession of and utilized for the resettlement of tenants liable to be ejected from the permissible area, reserved area or exempted area of a landowner under the Punjab Law or the Pepsu law] [Inserted by Haryana Act 17 of 1976.].

(3)

Any scheme framed by the State Government may provide for the priorities among the persons mentioned in sub-section (2), the extent of land and the terms and conditions on which the land in the surplus area is to be allotted.

(4)

The purchase price of the land, along with interest at the rate of five percentum per annum, shall be payable by the allottee [-] [Omitted by Haryana Act 2 of 1987.] in ten annual equated instalments, at the rate not exceeding that mentioned in column 1 of the table in sub-section (1) of section 16.

(5)

[ On payment of full price or the first instalment thereof, as the case may be, the prescribed authority, where the allottee is not already in possession in the land, shall put him in possession thereof. The allottee shall, however, become the owner of the land on payment of the full price :Provided that the allottee shall not be competent to transfer, sell, lease or mortgage the land allotted to him or any part thereof or transfer his rights, title or interest therein, in any manner whatsoever, to any person for a period of five years from the date of his taking possession in pursuance of the allotment under the scheme framed for utilising the surplus area under this Act, even though the full purchase price has been paid in a lump sum or in instalments along with interest within the aforesaid period.

(6)

Notwithstanding anything contained in sub-section (5) the allottee shall be competent to mortgage or create a charge on the land allotted to him for raising loan from any co-operative society, bank, scheduled bank or any corporation owned or controlled by the Government, for the purpose of making improvements in the land and for other agricultural purposes.] [Substituted by Act No. 29 of 1987.]

(7)

[ Notwithstanding anything contained in section 21, a person who secured an allotment by furnishing information which is false or which he knows or has reason to believe to be false or which he does not believe to be true and who is or has at any time been in possession of any surplus area to which he is or was not entitled under the law shall, for the period for which the surplus area remains or has remained in his possession, be charged a licence fee equal to thirty times the land holdings tax, recoverable in respect of this area.] [Inserted by Haryana Act

40 of 1976

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