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Official Gazette Government Of· Goa, Daman· and Diu :1 REGD. GOA - 51 Panaji, 4th July, 1977 (Asadha 13, 1899) SERIES I No. 13 OFFICIAL GAZETTE GOVERNMENT OF· GOA, DAMAN· AND DIU EXT ftf\O R DIN 1\ RY No. 2 Sections GOVERNMENT OP GOA. DAMAN 8. Preparation of draft statem€llt as regards vacant AND DIU land held in eXcess 'Of ceiling 11mit. 9. Final statement. law and Judiciary Department 10. AcqUisition ()f vacant land in excess of ceIling limit. 11. Payment of amount for vacant land acquired~ . 12. Constitution of Urban Land Tribunal and appeal to Notification Urban Land Tribunal. LD/1ILS6/76 13. Second appeal to High Court. The following Central Bill the Urban Land (Cei. U. Mode of payment of amount. ling and Regulation) Act, 1976 which was recently 15. Ceiling. limit on future acquisition by inheritance, passed by the Parliament and aslSented to by the bequest or by sale in execution of decrees, etc. President of India on 17·2·76 and published in the 16. Certain persons to file statements when the Act is {;azette of India Part II, Section I dated 17·2·76 adopted subsequently by any State. is hereby republished for general informatfun of the 17. Power to enter upon any ;vacant land. :public. 18: Penalty for concealment, etc., of particulans of vacant land. B. S. Subbanna, Under Secretary (Law). 19. Chapter Dot to apply to certain vacant lands. Panaji, 22nd June, 1976. 20. Power to exempt. 21. Excess vacant land not to be treated as excess in certain cases.. The Urban Land (Ceiling and Reglilation) Act. 1976 22. Retention of vacant land under certain circum.s.tailces. ARRANGEMENT OF sm=ONS 23. Disposal of vacant land acquired under the Act. 24. Special provisions regarding disposal of "vacant lands CHAJPTER I in favoUr of certain persons. Preliminary CHAPTER IV ;Sections Regulation of transfer and use of urban property 1. Short title, application and commencement. 25. Definition·. 26. NOtice to be given before transfer of. vacant .lanru::. Definitions 27. Prohibition on transfer· of urban property. 2. Definitions. 28. Regulation of 'registration of docwrients in certain cases. CHAPTER m 29. Regulation of construction- of buildings with dwelling ., Ceiling on vaeant land units. :3. Persons not entitled to hold vacant land in excess 30. Demolition and stoppa~e of buildings in certain cases of the ceiling limtt. and appeal. ~ 4. Ceiling limit. CHAP'I!ElR V .5. '!'ransfer of vacant land. Miscellaneous 6. Persons holding vacant land in excess 'Of ceiling limit 31. Powers of competent authority. to file statement. 32. Jurisdiction of competent authorities and Tribunals 7. Filing of stat~ment in cases where vacant land held in special c3iSes. by a person is situated within the jurisdiction of :two or more competent authorities. 33. Appeal. \ 146 SERIES I No. 13' Sections (2) It applies in the first instance to the whole or 34. Revision by State Government. the States of Andhra Pradesh, Gujarat, Haryana, 35. Power of State Government to iSSue orders and Himachal Pradesh, Karnataka, Maharashtra, Orissa,. dire-cti,ons to the competent authority. Punjab, Tripura, Uttar Pradesh and West Bengal 36. Power to give directions to State- Government. and to all the Union territories and it shall also apply to such other State which adopts this Act by reso­ 37. Returns and .reports. lution passed in that behalf under clause (1) of ar­ 38. Offences and punishments: ticle 252 of the Constitution. 39. Offences by companies. (3) It shall come into force in the States of Andhra 40. Indemnity. Pradesh, Gujarat, Haryana, Himachal Pradesh, Kar­ 41. Cognizance of 'Offences. nataka, Maharashtra,Orissa, Punjab, Tripura, Uttar 42. Act to override other laws. Pradesh and West Bengal and in the Union terri­ 43. Court-f-ees. tories at once and in any other. State. which adopts. 44. Certain, officers to be public servants. this Act under clause (l)'of article 252 of the Cons­ titution, on the date of·such adoption; and, save as· 45. Correction 'Of clerical errors. otherwise provided in this Act, any reference in this 46. Power to make' rules. Act to the commencement of this Act shall, in rela­ 47. Power to remove difficulties. tion to any State or Union territory, mean the date· SCHEDULE I. on which this Act comes into force in such State or' SCHEDULE IT. Union territory. The Urban land (Ceiling and Regulation) Act, 1976 O"finiiions AN ACT 2. Definitions. - In this Act, unless the context. otherwise requires,- to provide for the imposition of a ceiling or, vacant (a) "appointed day" means,-- land in urqan agglomerations, for the acquisition of such land ;n excess of the ceiling limit, to re­ (i) in relation to any State to which this Act gulate the construction of buildings on such land applies in the first instance, the date of intro­ and for matters connected therewith, with a view duction .of the Urban Land (Ceiling and Regu-· to preventing the concentration of urban land in lation) Bill, 1976 in Parliament; and the hands of a few persons and speculation and (ii) in relation to any State which adopts this' profiteering therein and with a view to bringing Act under clause (1) of article 252 of the Cong-· about an equitable distribution 01 land in urban titution, the date of such actoption; agglomerations to subserve the common good. (q) "building regulations" means the regulati-­ Whereas it is expedient to provide for the impo- ons contained in the master plan, or the law in sition of a ceiling on vacant land in urban agglome­ force governing the construction of buildings; rations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buil­ (c) "ceiling limit" means the ceiling limit speci-­ dings on such land and for matters connected there­ fied in section 4; with, with a view to preventing the concentration of (dJ "competent authority" means any person or" urban land in the hands of a few pE'I'sons and specu­ authority authorised by the State Government, by' lation and profiteering therein and with a view to notification in the Official Gazette, to perform thee bringing about an equitable distribution of land in functions of the competent authority . under this;. urban agglomerations to subserve the common good; Act for such area as may be specified in the notifi-· cation and different persons or authorities may be AND WHEREAS Parliament has no power to authorised to perform different functions; make laws for the States with respect to the matters aforesaid except as provided in articles 249 and 250 (e) "dwelling unit", in relation to a building or' of the Constitution; a portion of a building, means a unit of accommo­ dation, in such building or portion, used solely for" AND WHEREAS in pursuance of clause (1) of the purpose of residence; article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the (f) "family", in relation to a person, means the States of Andhra Pradesh, Gujarat, Haryana, Hima­ individual, the wife or husband, as the case may be, chal Pradesh, Karnataka, Maharashtra, Orissa, Pun­ of such individual' and their unmarried minor' jab, Tripura, Uttar Pradesh and West Bengal that children. the matters aforesaid should be regulated in those States by Parliament by law; Explanation. - For the purpOSE; of this clause,_ BE it enacted by Parliament in the Twenty-seventh "minor" means a person who has not ('ompleted his.; Year of the Republic of India as follows: _ or her age of eighteen years; . (g) "land appurtenant", in relation to any buil-· CHAPTER I ding, means - ? Preliminary (i) in an area where there are building regula-· tions, the minimum extent of land required . , .1. Short title, application and commencement.­ for the enjoyment of suchz- building, which in r (1) This Act may be calle«! the Urban Land (Ceiling no case shall exceed five hundred square-· and Regulation) Act, 1976. metres; or 4TH JULY, 1977 (ASADHA 13, 1899) 147 (ii) in an area where there are no building (B) in relation to any other State or Union regulations, an extent of five hundred I3Quare territory, means any area which the State Gov­ metres contiguous to the land occupied by l3uch ernment may, with the previous approval of the building, Central Government, having regard to its loca­ and includes, in the case of any building cons­ tion, population (population being more than tructed before the appointed day with. a dwelling one lakh) and such other relevant factors as the unit therein, an additional extent not exceeding circumstances of the case may require, by noti­ five hundred square metres of land, if any, conti­ fication in the Official Gazette, declare to be an guous to the minimum extent referred to in sub­ urban agglomeration and. any agglomeration so -clause (i) or the extent referred to in sub- declared shall be deemed to belong to category D -clause (ii), as the case may be; in Schedule I and the peripheral area therefor shall be one kilometre; (h) "master plan", in relation to an .areawithin an urban agglomeration or any part thereof, means (0) "urban land" means- the plan (by whatever name called) prepared (i) any land situated within the limits of an under any law for the time being in forc.e or in urban agglomeration and referred to as such in pursuance of an order made by the State Govern­ the master plan; or ment for the development of such area or part (ii) in a case where there is no master plan, or thereof and providing for the stages by which where the master plan does not refer to any land .such deVElopment shall be carried out; as urban land, any land within the limits of an (i) "person" includes an individual, a family, a urban agglomeration and situated in any area .form, a company, or an association or body of indi­ included within the local limits of a municipality viduals, whether incorporated or not; (by whatever name called), a notified area com­ (j) "prescribed" means prescribed by rules made mittee, a town area committee, a city and town ·under this Act; committee, a small town committee, a canton­ ment board or a panchayat, (k) "State" includes a Union terri­ tory and "State Government", in rela­ but does not include any such land which is mainly tion to any land or building situated in used for the purpose of agriculture.
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