: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. ea Union territory or within the local limits of a cantonment declared -as Explanation. - For the purpose of this clause and l3uch under section 3 of the Canton- clause (q),- ments Act, 1924, means the Central Go- 2 at ~924. (A) "agriculture" includes horticulture, but vernment; does not include - (l) "to hold" with its grammatical variations in (i) raising of grass, relation to any vacant land, means _ ' (ii) dairy farming, (i) to own such land; or (iii) poultry farming, (-ii) to possess such land as owner or as tenant (iv) breeding of live-stock, and or as mortgagee or under an irrevocable power of attorn,:y or under a hire-purchase agreement (v) such cultivation, or the growing of such plant, as may be prescribed; ?r partly III one of the said capacities and partly III any other of the said capacity or capacities. (B) land shall not be deemed to be used mainly for the purpose of agriculture, if such Explanation. - Where the same vacant land is land is not entered in the revenue or land records ·held by· one person in one capacity and by another before the appointed day as for the purpose of person in another capacity, then, for the purposes agriculture: of thiS Act, such land shall be deemed to be held :by both such persons; Provided that where on any land whi'ch is (m) "Tribunal" means the Urban Land Tribunal entered in the revenue or land records before 148 SERIES I No. 13 (q) "vacant land" means land, not being land falling within category C and four square metres. mainly used for the purpose of agriculture, in an of vacant land situated in an urban agglomeration. urban agglomeration, but does not include- falling within category D; UJ land on which construction of a building (b) one square metre of vacant land situated is not permissible under the bliilding regulations in an urban agglomeration falling within category in force in the area in which such land is situa B shall be deemed to be equal to one and one-half" ted; square metres of vacant land situated in an urban agglomeration faljing within category C and two (ii) in an area where there are building regu square metres of vacant land situated in an urban lations, the land occupied by any bUilding which agglomeration falling within category D; and has been constructed before, or Sis being cons tructed on, the appointed day with the approval (c) one square metre of vacant land situated of the appropriate authority and the land appur in an urban agglomeration falling within category tenant to such building; and C shall be deemed to be equal to one and one-third square metres of vacant land situated in an urban (iii) in an area where there are no building agglomeration falling within category D. regulations, the land occupied by any building which has been constructed before, or is being (3) Notwithstanding anything contained in sub- constructed on, the appointed day and the land -section (1), where in respect of any vacant land any appurtenant to such building: scheme for group housing has been sanctioned by' an authority competent in this behalf immediately Provided that where any person ordinarily keeps before ~he commencement of this Act, then, the per his cattle, other than for the purpose of dairy son holding such vacant land at such commencement farming or for the purpose of breeding of live shall be entitled to continue to hold such land for the -stock, on any land situated in a village within an purpose of group housing: urban agglomeration (described as a village in the revenue records), then, so much extent of the land Provided that not more than one dwelling unit in as has been ordinarily used for the keeping of such the group housing shall be owned by one single cattle immediately before the appointed day shall person: not be deemed to be vacant land for the purposes of this clause. Provided further, that the extent of vacant land which such person shall be entitled to hold shall,_ CHAPTER m in no case, exceed'- (a) the extent required under any building regu- Ceiling on Vacant Land lations governing such group housing; or 3. Persons not entitled to hold vacant land in ex (b) the extent calculated by multiplying the cess of the ceiling limit. - Except as· otherwise pro number of dwelling units in the group housing' vided in this Act, on and from the commencement and the appropriate ceiling limit referred to in of this Act, no person shall be entitled to hold any sub-section (1), vacant land in excess of the ceiling limit in the terri whichever is less. tories to which this Act applies under sub-section (2) of section 1. Explanation. - For the purposes of this sub-sec-· tiori and sub,section (10) ,- 4. Ceiling limit. -- (1) Subject to the other provi sions of this section, in the case of every person, the ~i) "group housing" means a building cons-· ceiling limit shall be,- tructed or to be constructed with one or more, floors, each floor consisting of one or more, (a) where the vacant land is situated in an dwelling units and having common service faci- urban agglomeration falling within category A lities; . specified in Schedule T, five hundred square. me tres; (ii) "common service facility" includes facility' like staircase, balcony and verandah. (b) where such land is situated in an urban agglomeration falling within category B specified (4) (a) In any State to which this Act applies. in Schedule I, one thousand square metres; in the first instance, if, on or after the 17th day of.' February, 1975, but before the appointed day, any (c) where such land is situated in an urban person has made any transfer by way of sale, mort- agglomeration falling within category C specified gage, gift, lease or otherwise (other than a bona fide in Schedule T, one thousand five hundred square sale under a registered deed for valuable considera metres; tion) of any vacant land by him and situated in (d) where such land is situated in an urban such State to any other person, whether or not for'" agglomeration falling within category D specified consideration, then, for the purposes of calculating' in Schedule I, two thousand square metres. the extent of vacant land held by such person the· (2) Where any person holds vacant land situated land so transferred shall be taken into account, in two or more categories of urban agglomerations without prejudice to the! rights or interests of the· specified in Schedule T, then, for the purpose of cal transferee in the land so transferred: culating the extent of vacant land held by him,- Provided that the excess vacant land to be sur-· (a) one square metre of vacant land situated rendered by such person under this Chapter shall be· in an urban agglomeration falling within category selected only out of the vacant land held by him A shall be deemed to be equal to two square metres after such transfer. . of vacant land situated in an urban agglomeration (b) For the purpose of clause (a), the burden of' falling within category B, three square metres of proving any sale to be a bona fide one shall be on the vacant land situated in an urban agglomeration transferor, J,TH JULY, 1977 (ASADHA 13, 1899) 149 EiJ)planation. - Where in any S~~~ aforesaid, Explanation. - For the purposes of this section there was or is in force any law prohIbItmg transfer and sections 6, 8 and 18 a person shall be deemed to -of urban property in that State ex.cept under the hold any land on which there is a building (whether circumstances, if any, specified therem, then, for the or not with a dwelling unit therein) if he- purposes of this sub-section, any transfer by way of sale of such property, being vacant land, made by (i) owns such land and the building; or any person under a registered deed for. v.aluable con (ii) owns such land but possesses the building sideration in accordance with the provIsIons of such or possesses such land and the building, the pos .law or in pursuance of any sanction or permission session, in either case, being as a tenant under a. granted under such law, shaJl be deemed to be a bona lease, the unexpired period of which is not less .fide sale. than ten years at the commencement of this Act or as a mortgagee or under an irrevocable power (5) Where any firm or unincorporated association of attorney or a hire-purchase agreement or partly -or body of individuals holds vacant land or holds any in one of the said capacities and partly in any other land on which there is a building with a dwell . other of the said capacity or capacities; or jng unit therein or holds both vacant land and such -other land, then, the right or interest of any person (iii) possesses such land but owns the building, in the vacant land or such other land or both, as the the possession being as a tenant under a lease or o<:ase may be, on the basis of his share in ~uch firm or as a mortgagee or under an irrevocable power of .association or body shall also be taken mto account attorney or a hire-purchase agreement or partly in calculating the extent of vacant land held by such in one of the said capacities or partly in any other person. of the said capacity or capacities. (6) Where a person is a beneficiary of a priva~e trust and his shar.. in the income from such trust IS 5. Transfer of vacant land. - (1) In any State known or determinable, the share of such person in to which this Act applies in the first instance, where the vacant land and in any other land on which there any person who had held vacant land in excess of the ceiling limit at any time during the period com is a building with a dwelling unit therein, held by the mencing on the appointed day and ending with the trust, shall be deemed to be in the same proportion commencement of this Act, has transferred such --as his share in the total income of such trust bears land or part thereof by way of sale, mortgage, gift, to such total income and the extent of such land lease or otherwise, the extent of the land so trans apportionable to his share shall also be taken into ferred shall also be taken into account in calculating .account in calculating the extent of vacant land held the extent of vacant land held by such person and , .by such person. the excess vacant land in relatipn to such person ""C (7) Where a person is a member of a Hindu undi- shall, for the purposes of this Chapter, be selected .' )tvided family, so much of the vacant land and of any out of the vacant land held by him after such trans other land on which there is a building with a dweJl fer and in case the entire excess vacant land cannot ing unit therein, as would have fallen to his share be so selected, the balance, or, where no vacant land had the entire vacant land and such other land held is held by him after the transfer, the entire excess by the Hindu undivided family been partition~d vacant land, shall be selected out of the vacant land amongst its members at the commenc~ment of t?IS held by the transferee: Act shaJl also be taken into account m calculatmg Provided that where such person has transferred the extent of vacant land held by such person. his vacant land to more than one person, the balance, (8) Where a person,. being a member of a housing or, as the case may be, the entire excess vacant land oeo-operative society registered OJ:' deem~d t.o be re aforesaid, shall be selected out of the vacant land gistered under any law for the ttme bemg m force, . held by each of the transferees in the same propor holds vacant land allotted to him by such society, tion as the area of the vacant land transferred to then, the extent of land so held shall also be taken him bears to the total area of the land transferred to into account in calculating the extent of vacant land all the transferees. . held by such person. (2) Where any excess vacant land is selected out (9) Where a person holds vacant land and also of the vacant land transferred under SUb-section (1), holds any other land on which there is a building the transfer of the excess vacant land so selected with a dwelling unit therein, the extent of such other shall be deemed to be null and void. land occupied by the building and the land appur (3) In any State to which this Act applies in the tenant thereto shall also be taken into account in first instance and in any State which adopts this -calculating the extent of vacant land held by such Act under clause (1) of article 252 of the Constitu person. tion, no person holdi)1g vacant land in excess of the (10) Where a person owns a part of a building, ceiling limit immediately before the commencement being a group housing, the proportionate share of of this Act shall transfer any such land or part such person in the land occupied by the building and thereof by way of sale, mortgage, gift, lease or other the land appurtenant thereto shall also be taken into wise until he has furnished a statement under sec account in calculating the extent of vacant land held tion 6 and a notification regarding the excess vacant by such person. land held by him has been published under sub-sec tion (1) of section 10; and any such transfer made (11) For the removal of doubts it is hereby decla in contravention of this provision shall be deemed red that nothing in sub-sections (5), (6), (7), (9) to be null and void. and (10) shall be construed as empowering the com petent authority to declare any land referred to in 6. Persons holding vacant land in excess of ceiling ,sub-clause (ii) or sub-clause (iii) of clause (q) of limit to file statement. - (1) Every person holding "section 2 as excess vacant lana under this Chapter. vacant land in excess of the ceiling limit at the ·150 SERIES I No. 13 commencement of this Act shall, within such per10d (b) in the case of a family, by -the husband or as maybe prescribed, file a statement before the wife and where the' husband or wife is absent frollll competent authority having jurisdiction specifying India or is mentally incapacitated from attending the location, extent, value and such other particulars to his or heraffailrs, by -thallusband or wife who as may be prescribed of all vacant 'lands and of any is not so abs'E"llt or merrtaHy incapacitated and other land on which there isa building, whether where both the husband and the wife are absent or not with a dwelling unit therein, held by him from India dr-are' mentally incapacitated from · (including the nature of his !'light, title or interest attending to 'their affairs, by any other person therein) and also specifying the vacant lands within 'competent to act on behalf of the husband or the coiling limit which he desires to retain: . wife or both; Provided that in relation to any State to which (c) in the case of a cOllllpany, by the principal this Act applies in the first instance, tbeprorvisions off,i~er thereof; of this sub-sectilon shall have effect as H for the ( d) in the case of a firm, by any partner thereof; .' - , . words "Every person holding vacant land' in excess . (e) in the case or any :other aSSOCiation, by any of the cei'iing limit at the commencement of this member of the association 'cr the. princip'al officer Act", the words, figures and letters "Every person thereof; and · who held vacant land in excessl of the ceHing limit on or after the 17th day of February, 1975 and (n in the case of any other person, by that before the commencement of this Act and every person or by a person competent to act on his person holding vacant land in excess of the ceiling behalf. limit at such commencement" had been SUbstituted; Explanation. - For the purposes of this sub-sec E~Jplanation. - In this section, "commencement tion, "principal office",- of this Act" means,- (i) in relation to a company, means the secre (i) the date on whileh this Act comes into force tary, manager or managimg-director of the com in any State; . pany; (ii) where any land, not being vacant land, (ii) in rdation to any association, means the situated in a State in which this Act iSI in force secrEtary, treasurer, manager or agent of the has hecome vacant land by any reas(ln whatsoever, association, / the date 'on which such land becomes vacant land; and includes 'any person connected with the man~ (iii) where any notification has been issued gement of the, affairs of the company or the asso under clause (n) of section 2 in respect of any ciati-on, as the case may be, upon whom the com area in a State in which this Act is in force, the petent authc'rity has served a notice of his intention. date of publication of such notification. of treating him as the principal officer thereof. (2) If the 'competent authority is of opinion that- 7. Filing 'Of statement in cases where vacant land (a) in any State to which 'Uris, Act applies in held by a person is situated within the jurisdiction the first instance, any person held on or after of two 07' nwre competent autlwritiss. - (1) Where the 17th day of February, 1975 and before the a perscn holds vacant land situated within the juriSl commencement of -this Act or holds at such com diction of two or more competent authorities, whe mence.m'ent; or ther in the same State or in two or mOre States to which this Act applies, then, he shall file his (b) in any State which adopts this Act nuder statement under sub"section (1) of section 6 before clause (1) of article 252 of ·the ConsrtDtution, any . the, 'competent authority within the jurisdiction of person hOllds at the commencement of this Act, whi!eh the major part thereof is slituated and there vacant land in excess of the ceiling limit, then not after all subsequent proceedings shall be taken before withstanding anything contained in sub-section (1), thatcompHent authority to the exclusion ,atE the it may sl€Y've a notice upon such person requiring other competent authority or authorities concerned him to file, within such period as may be specified and the 'competent authority, befc.re which the state in the' notice, the statemel!lit referred to in sub ment is' filed, shall send intimati10n thelleof to the -section (1). other compeifent authority or authorities concerned. (3) Thecompe,tent authority may, if it is satisfied (2) Where the extent of vacant land held by any that it iSi necessary so to do, extend the date for person and situated within the jurisdiction of two filing the statement under- this section by such or more competent authorities within the same further period or per-rods as it may think fit; so, State to which this Act applies is equal, he shall however, that the period or the aggregaite of the file his statement under sub-section (1) of section 6 periods of such extemkon shall not exceed three before anyone of the competent authorities· and months. s"nd intimation thereof in such form as may be prescribed to the State Government and thereupon,. ( ;,) The statement under this section shall be the State Government shaill, by 'Order, determine the· · filed, ~ competent authority before which all. subsequent (a) in the 'case 'Of 'an indLvidual, by the indivi proceedings under this A1)t shall be taken to the dual himself; where the individua:lw absent from exclusion of the other competent authority Dr auth'O India, by the indirvidual concerned or by some rities and communicate that order to such person person duly authorised by him in this behalf; and the competent authorities roncerned. and where the individual is mentally incapacitated (3) Where the extent 'Of vacant land held by any from 'attending to hilS affairs, by hi~ guardian or person and situated within the jurisdiction of two ( any other person competent 'to act on his beha:lf; or mOTe competent authorities in two or more States- ~=--- 7P}H JULY, 1977 (ASADHA 13, 1899) 151 to which this Act applies is' equal, he shall file his cation giving the particulars of the vacant land held statement under sub-section (1) of sectiDn 6 before by such person in excess of the ceiling limit. and .anyone 'Of the 'competent authorities and send inti stating that - . mati'On there'Of in such fDrm as may be prescribed (i) such vacant land is to be acquired by the to the Central G'Overnment and thereupon, the .Cen concerned State Government; 'and tral Government shall, by order, determine the com petent authority bef'Ore which all subsequent pro (ii) thec:!aims of aJ:! persons interested in such ceedings shall be' taken to the exclusi'On of the other vacant land may be made by them personally or by their agents giving particulars of the nature ·competent authority or authorities and 'communicate of their interests in such land, that order to such person, the state Governments and the competent authorities conce'1':ed. . to be published for the information of the general public in the Offi-cial Gazgttel of the State concerned and in such other manner as may be prescribed. 8. Preparation of draft statement as' regards va ·cant land held in exoess of ceiling limit. - (1) On (2) After 'considering the claims of the persons the basis· of the statement filed under section 6 and interested in the vacanUand, made to the competent after such inquiry as the competent 'authority may auth'Ority in pursuance of the notifi(!atiDn published ,deem fit to make the competent authority shall pre under sub-section (1), the competent authority sb,all pare a draft statement in respect ·of the person who determine the nature and extent of such claims and has filed the ~tatement under section 6. pass such orders asl it deems fit. (~) Every statBment prepared Ullder sub-section (3) At any time after the publication of the noti .(1) shall contain the following particulars, nam€!ly:- fication,under sub-section (1), the competent auth1lt dty may, by notification published in the Official (i) the name and address of the person; Gazette of the State concerned, declare that the (ii) the particulars 'Of all vacant ~ands 'and 'Of excesSi vacant land referred to in the notification any 'Other land 'On which there is a building, whe published under sub-section (1) shall, with effect ther or not with a dwelling unit ther€!in, held by from such date as may be specified :inJ the declara such person; tion, be deemed to have been acquired by the State (iii) the particulars of the vacant landsl wIlich Government and upon the publication of such decla such person desires to retain within the ceiling ration, such land shall be deemed to have vested limit; absolutely in the State Government free from all (iv) the particulars of the right,title or inte encumbrances with effect from the date so speciIl'ied. rest of the person in the vacant landsl; and (4) During the period commencing 'On the date (v) such other particulars as may be prescribed. of publication of the notification under sub-sectj;on (3) The draft statement shall be slerved in such (1) and ending with the date specified in the decia;.1 ma-nner as may be prescribed on the person concer ration made under sub-seciion (3)- ned together with a notice st!ating that any objec (i) nO person shall transfer by way of sale, tion to the draft statement shall be preferred within mortgage, gift, lease or othe·rwise any excess thirty days of the service there'Of. vacant land (including any part thereof) specified (4) The competent authority shall duly consider in the notification aforesaid and any such transfer .any obje limits of a cantonment declared as other tenure and the resumption of such land by' such under section 3 of the Canton- the Central Government or the State Government,. ments Act, 1924, means that State 2 of 1924 as the case may be; or Government. (iiJ the terms of such grant, lease or other' tenure provide for· payment of any amount to such 11. Payment of amount for vacant land acquired. person on such termination and resumption, (1) Where any vacant land is deemed to have boo'll then,- acquired by any State Government under sub-sec (a) in a case falling under clause (i), no amount tion (3) of section 10; such State Government shall shall be payable in respect of such vacant land pay to the person or persons having·any interest under sub-section (1) ; and the'rein, - (b) in a case falling under clause (ii) , the· (a) in a case where there is any income from · amount payable in respect' of such vacant land such vacant land, an amount equal to eight' and shall be the amount payable to him under the one-third times the net average annual income terms of such grant; lease or other tenure on such actuaHy derived from such land during the period · termination and resumption or the amount payable of five consecutive years' immediately preceding , to him under sub-section (1); whichever is less. the date of publication ·of the notification issuea. under sub-section (1) of sectionlD; or · (6) Notwithstanding anything contained in sub -section (1) or stib:section (5), the amount payable (b) in a case where no incpme' is derived from .undereither9f the'said sub-sections shall,-in no case,. such vacant land, an amount calculated at a rate exceed two lakhs,of rupees. not exceeding - (7) The competent authority may, by order in (il ten rupees per square metre in the case of writing,' determine the amount to i:>epaid in accor vacant land situated in an urban agglomeration dance with the proviSions of this section as also the falling within category A or category B speci person, or, where there are several persons interested fied in Schedule I; and in the land, the persons to whom it shall be paid and (ii) five rupees per square metre in the case in what proportion, if any. of vacant land situated in an urban agglomera tion falling within category C or category D (8) Before determining the amount to be paid, specified in that Schedule. every person interested shall be given an opportunity to state his case as to the amount to be paid to him. (2) The net average annual income referred to in (9) The competent authority shall dispose of every . clause (a) of sub-section (1) shall be calculated in case for determination of the amount to be paid as the manner and in accordance with the principles expeditiously as possible and in any case within such set out in Schedule TI. period as may be prescribed. (3) For the purpose of clause (b) of sub-sectipn (10) Any claim or liabi¥ty enforceable against any (1), the State Government shall- vacant land which is deemed to have been acquired (a) . divide, by notification in the Official Ga under sub-section (3) of section 10 may be enforced zette, every urban agglomeration situated within only against the· amount payable under this section the State into different zones, having regard to in respect of such land and against any other pro the location and the general use of the land situat perty of the owner of such land. ed in an urban agglomeration, the utility of the land in that urban agglomeration for the orderly 12. Constitution of Urban Land Tribunal and ap urban development thereof and such other relevant· peal to Urban Land Tribunal. - (1) The State Go factors as the circumstances of, the case may re vernment may, by notification in the Official Gazette, quire; and constitute one or more Urban Land Tribunal or Tri- bunals. ' (b) fix, subject to the maximum rates specified in that clause, the rate per square metre of vacant (2) The Tribunal shall consist of a sole member land in each zone, having regard to the availability who shall be an officer of the rank of a Commissioner of vacant land in the zone, the trend of price rise of a division or a member of the Board of Revenue. of vacant land over a period of twenty years in (3) The Tribunal shall have jurisdiction over such the zone before the commencement of this Act, the area as the State Government may, by notification. amount invested by the Government for the deve in the Official Gazette, specify. lopment of the zone, the existing use of vacant land in the zone and such other relevant factors (4) If any person is aggrieved by an order of the as the circumstances of the case may require. competent authority under section 11, he may, within thirty days of the date on which the order is com (4) Different rates may be fixed under clause (b) municated to him, prefer an appeal to the Tribunal of sub-section (3) for vacant lands situated in diffe having jurisdiction over the area in which the vacant rent zones within each urban agglomeration. land' (in relation to which the amount 'has been de (5) Notwithstanding anything contained in sub termined) is situated or where such land is situated -section (1) where any vacant land which is deemed within the jurisdiction of more than one Tribunal to· to have been acquired under sub-section (3) of sec the Tribunal having jurisdiction over the area in tion 10 is held by any person under a grant, lease or which a major part of such land is situate<;l or where· other tenure from the Central Government or any the extent of such land situated within the jurisdic State Government and- tion of two or more Tribunals is equal, to any of' those Tribunals: (i) the terms of such grant, lease or other tenure do not provide for payment of any amount to such Provided that the Tribunal may entertain the ap person on the termination of such grant, lease or peal after the expiry of the said period of thirty days'. " 4TH JULY, 1977 (ASADHA 13,1899) 153 if it is satisfied that the appellant was prevented by first instance, exceeds in the aggregate the ceiling sufficient cause from filing the appeal in time. limit, then, he Shall, within three months of the (5) In deciding appeals the Tribunal commencement of this Act in the. State. first men shall exercise all thepow'lrs which a civil tioned, file a statefuentQefore the cOmpetent .autho court has and follow the same procedure e:tyhaving jurisdictiOn specifying the locatiOlll, which a civil court follows in deciding ap extent, value and such other particulars as may peals against the decree of an original be prescribed c'ofall vacant lands held by him in court under' the Code of Civil Procedure, that State and in sucliother State and also specify 1908. 5 of 1908. ing the vacant lands within the ceiling limit which he desires to retain.. 13. Second appeal to High. Court.'~ (2) ,The provisions of sections 6 to 14 (both inclu Subject to the provisions of the Code of sive) shall, sO' far as may be, apply to the state Civil ProCedure, 1908, applicable to ap- 5 of 1908. ment filed under this section and to the vacant land peals from original decrees, an appeal held by Euch r:ersoti in excess of the ceiling linlit. shall lie to the High Court from the decis- sion of the Tribunal .under section 12.' 17. Power to enter upon any vacant Umd .. ~The competent authority or any .. $. . ---=-~ 154 SERIES I No. 13 ------ing Regulation Act, 1949, and in- 10 of lW9 ( vii) any society registered under - cludes- the Societies Registration Act, 1860, 21 of·l8l;O (a) the Reserve Bank of India or under any other correspondmg law constituted under the Reserve Bani< for the time being in force and 'used of India Act, 1934; 2 ot 1934 for any non-profit and non-rommercial purpose; (b) the State Bank 04' India cons- (viii) a foreign State for the purposes 0If its tituteq under the State Bank of diplomatic and consular missions or .for such India Act, 1955; 23 of 195'5 other official .puiposes as may be approved by (c) a subsidiary bank as. defined the Cmtral Government or for the residence of in the State Bank of India (Subsi- the members of the said missions; diary Banks) Act., 1959.; 38 af 1959 (;x) the United Nations and its speciaJ.ilred - ) (d) a' corresponding new bank agencies for any official purpooo or for the TeBi constituted under section' 3 of the dence O'f the mOOlbers of their staff; - Banking Companies ('Acquisition (x) any internati6Iial organisation for any and Transfer of Uilldertakings) Act, official purpose or for the residence of the mem 1970; 5 of 1970 bers of the staff of such organisatiOl!l: ( e) the Industrial Finance Corpo Provided that the exemption under this clause ration of India, established under sha.H apply only if there is an agreement beitween the Industrial _Finance CoI'pOratioIl the Government of India and such international Act, 1948, the Life Insurance CoI'lpO- 15 of 1948 organisation that such land shall be so exempted. ration of India, established under the Life Insurance Corporation Act, (2) The provisions of sub-section (1) shalL not 1956, the Unit Trust of India, esta~ 3Il. of 1956 be 'construed as, ~anting any exemJ;>tion in favour blished under the Unit Trust of of any person, other than an authority, institutiO!ll India Act, 1963, the Industrial Deve- .52 ' .£atisfied that the application of the provisions of authority may deem fit to make, the competent this Chapt€T would cause undue hardship to such authority is satisfied that the land which has be person, that Government may, by order, exempt, come vacant land is required by the holder for the subject to su (4) Where within a period of sixty days of ~he wise any la-nd or any building (includiI:g. . date of receipt of a-n application under this section any portion thereof), - the competent authority doES not refuse to ~rant the (a) in the case of any tra-nsfer referred to in permiSsion applied for or does not communIcate ~he section 26, .no registering officera-ppointed under refusal to the applicant, the competent aut~or.lty that Act sha-II register any such document unless shall be deemed to. have granted the pernllSS10n the transfer,or produC€s before such registering applied for. officer evidence to show that he luis given notice of the intended tra-nsfer to the competent a-uthority (5) (a) Where the permission ·a.p-. unduthat section and, .where such .transfer is by plied for is for the transfer of the land way of sale, the period of sixty days referred to with the building or, as the case may!)e, in sub-section (2) of that section has elapsed; a portion on)y of such building referred to in sub-section (1) by way of sale, and (b) in the case of any transfer referred to .in the competent authority is of the opinion section 27, nOr'cgistering officer appointed under that such permission may be granted, that Act shall register any such document unless then, the competent authority shall have the imnsferor produCes before such registering the first option to purchase such land officer the permission in writing of lhe competent with building or a portion only of such authcrity for such transfer or satisfies the regis building on behalf of the State Govern tering offiCEr' that the period of sixty days referred ment at such price as may be agreed upon to in sub-section (4) of that section has elapsed. between the competent authority and the applicant or, in a. case where there is no 29. Regulation of construction of buildings with such agreement, at such price calculated dwelling units. - No person shall construct any in accordance with the provisions of the building with a dwelling unit having a plinth area, - Land Acquisition Act, 1894 o~ of 3;ny 1 of 1894. other corresponding law for the tIme bemg (a) where the building proposed to be cons in force. tructed is situated in an urban agglomeration falling within category A or category B specified (b) If the option referred to in clause (a) is not in Scheduled I, in excess of three hundred square exercised within a period of sixty days from the metres; date of receipt of the application under this section, (b) where the building proposed to be construc it shall be presumed that the competent authority ted is situated in a-n urban agglomeration falling has no intention to purchase such land with building within category C or category D specified in or a portion only of such building on behalf of the Schedule I, in excess of five hundred square State Gov€irllment and it shall be lawful for "uch metres. person to transfer the. land to whomsoever he may like: 30. Demolition and stoppage of buildings in certain Provided that where the competent authority cases and appeal. - (1) Where the construction of a exercises within the period aforesaid the option to building ha,s been commenced on or after the commencement of this Act, and is carried on and purchase such land with building or a portion only completed in contravention of the provisions of sec of such building, the exe-cution of the sale deed shall tion 29, the competent authority having jurisdiction be completed and the payment of the purchase price over the area in which the building is situated may thereof shall be made within a period of three make an order directing that such construction shall months from the date on which such option is exer be demolished, either wholly or partly, or modified cised. . by the person at whose instance the construction has been commenced Md is being carried on and (6) For the purpose of calculating the completed, to the extent such demolition or modi price of the land and building or, as the fication does not contravene the provisions of that case may be, a portion only of such build section, within such period (not being less than ing under clause (a) of sub-section (5), fiteen days and more than thirty days from the date it shall be deemed that a notification on which a copy of the order of demolition with a under sub-swtion (1) of section 4 of the brief statement of the reasons therefor has been Land Acquisition Act, 1894 or under the 1 of 1894. delivered to that person) as may be specified in the relevant provision of any other corres order for the demolition or modification: ponding law for the time being in force, had been issued for the acquisition of that Provided that no order for the demolition or land and building or, as the ca'se· may be, modification shall be made unless the person has a portion only of such building on the date been given by means of a notice served in such on which the application was made under manner as the competent authority may think fit, Sub-sEction (2). a' reasonable opportunity of showing cause why such order shall not be made: 28. Regulation of registration oj docu Provided further that, where the construction has ments in certain cases. - Notwithstand not been completed, the competent authority. may, ing anything contained in any other iaw by the same order or by a separate order, whether for the time being in force, where any made at the time of the issue of the notice under document required to be registered under , the first proviso or at any other time, direct the the provisions of c!a-uses (a) to (e) of sub person to stop the construction until the expiry of -section (1) of section 17 of the Registra- the period within which an appeal against the order tion Act, 1908, purports to tra-nsfer by 16 of 1908. for the demolition or modification, if made, may be way of sale, mortgage, gift, lease or other- preferred under sub-section (2) . -- ---::: 158 SERIES I No. 13 ------._------(2) Any person aggrieved by an order of the (d) requisitioning any public record or copy competent authority made under sub-section (1) thereof from any court or office; may prefer an appeal against the order to the Tri bunal having jurisdiction over the area in which the (e) issuing commissions for the examination of building is situated within the period specified in witnesses or documents; and the order for the demolition or modification of the (n any other matter which may be prescribed. construction to which it relates. (3) Where an appeal is preferred under sub-sec 32. Jurisdiction of competent authorities and Tri tion (2) against the order for the demolition or bunals in special cases. ~ Where under sub-sec modification, the Tribunal may stay 'the enforcement tion (2) or sub-section (3) of sectiori 7, the State of that order on such terms, if any, and for such Government or the Central Government, as the case may be, determines the competent authority or period, as it' may think fit: where, for the reason that the extent of the vacant Provided that, where the construction'· of· any land situated within'the jurisdiction of two or more building has not been completed at the time of the Tribunals is equal, ari appeal has' been preferred to making of the order for the demolition or' modifi any. one of the Tribunals under sub-section (4) of cation, no order staying the enforcement of the order sechon 12, then, such competent authority or Tribu for the demolition or modification shall be made by nal, as tJ.1e case may be, shall, notwithstanding that the Tribunal unless security, sufficient in the opinion :my portIOn of the vacant land to which the proceed of the Tribunal, has been given by the appellant for mgs before t~e competent authority or the appeal not proceeding with such construction pending the before the TrIbunal relates, is not situated within disposal of the appeal. the area ?f its jurisdiction, exercise all the powers. and functIOns of the competent authority or Tribu (4) The provisions of sub-section (5) of section 12 nal, as the case may be, having jurisdiction over and of section 13 shall apply to or in relation to an such portion of the vacant land under this Act in appeal preferred under sub-section (2) as they apply relation to such proceedings or appeal. to or in relation to an appeal preferred under sub -section (4) of section 12. 33. Appeal; ~ (1) Any person aggrieved by an (5) Save as provided in this section, no court order mad~ by the competent authority under this shall entertain any suit, application or other pro Act, not bemg an order under section 11 or an order ceeding for injunction or other relief against the un~er sub-section (1) of section 30, may, within competent authority to restrain him from taking thirty-days of the date on which the order is com any action or making any order in pursuance of the municated to him, ,Prefer an appeal to such authority as may be prescnbed (hereafter in this section re provisions of this section. ferred to as the appellate authority) : (6) Where no appeal has been preferred against an order for the demolition or modificatiOll made 'provided that the appellate authority may enter by the competent authority under sub-section (1), tam the appeal after. the expiry of the said period of or where an order for the demolition or modification thirty days if it is satisfied that the' appellant was made by the competent authority under that sub pre~ented by sufficient cause from filing the appeal -section has been confirmed on appeal, whether m hme. with or without variation, the person against whom (2) On receipt of an appeal under sub-section (1), the order has been made shall comply with the order within the period specified therein, or, as the case the appellate authority shall, after giving the may be, within the period, if any, fixed by the appellant an opportunity of being heard, pass such Tribunal or the High Coun on appeal and on the orders thereon as it deems fit as expeditiously as failure of the person to comply with the order within possible. such period, the competent authority may himself (3) Every order passed by the appellate authority cause the construction to which the order relates to be demolished or modified and the expenses of under this section shall be final. such demolition or modification shall be recoverable from such person as an arrear of land revenue. 34. Revision by State Government. - The State Government may, on its own motion, call for and CHAPTER v examine the records of any order passed or proceed ing taken under the provisions of this Act and Miscellaneous against which no apgeal has been preferred under section 12 or section 30 or section 33 for the purpose 31. Powers of competent authority. of satisfying itself as to the legality or propriety of The competent authority shall have all such order or as to the regularity of such procedure the powers of a civil court, while trying and pass such order with respect thereto as it may a suit under the Code of Civil Procedure, think fit: 1908, in respect of the following matters, 5 of 1908. Provided that no such order shall be made except namely:-- after giving the person- affected a reasonable oppor (a) summoning and enforcing the attendance tunity of being heard in the matter. of any person and examining hinl on oath; 35. Power of State Government to issue orders and (b) requiring .. the discovery and production of directions to the competent authority. - The State any document; Government may issue such orders and directions of (c) receiving evidence on affidavits; a general character as it miy consider necessary in 4TH JULY, 1977 (ASADHA 13, 1899) 159 respect of any matter relating to the powers and been committed by a company and it is proved that duties of the competent authority and thereupon the the offence has been committed with the consent or competent authority shall give effect to such orders connivance of, or is attributable to any neglect on and directions. the part of, any director, manager, secretary, or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be 36. Power to give direotions to State Government. - guilty of that offence and shall be liable to be pro (1) The Central Government may give such direc ceeded against and punished accordingly. tions to any State Government as may appear to the Central Government to be necessary for carrying into execution in the State any of the provisions of Explanation. - For the purposes of this section, this Act or of any rule made thereunder. (a) "company" means any body corporate and includes a firm or other association of indivi (2) The Central Government may' require any duals; and State Government to furnish such returns, statistics, accounts and other information, as may be deemed (b) "director", .in relation to a firm, means a necessary. partner in the firm. . 37. Returns and reports. - The competent autho r;;;-;~demnitY. - No suit or other legal proceeding rity shall furnish to the State Government concerned sh~ll' iie against the Government or any officer of such returns, statistics, accounts and other infor Government in respect of anything which is in good mation as the State Government may, from time to faith done or intended to be done by or under this time, require. Act. 38. Offenoes and punishments. - (1) If any person 41. Cognizanoe of offenoes. - No court shall take who is under an obligation to file a statement under cognizance of any offence punishable under this Act this Act fails, without reasonable cause or excuse, to except on complaint in writing made by the compe file the statement within the time specified for the tent authority or any officer authorised by the com purpose, he shall be punishable with imprisonment petent authority in this behalf and no court inferior for a term which may extend to two years or with to that of a Metropolitan Magistrate or a Judicial fine which may extend to five thousand rupees or Magistrate of the first class shall try any such of with both. fence. (2) If any person who, having been convicted 42. Aot to override other laws. - The provi~ions of under sub-section (2) continues to fail, without rea this Act shall have effect notwithstanding ai;tything sonable cause or excuse, to file the statement, he inconsistent therewith in any other law for the time shall be punishable with fine which may extend to being in force or any custom, usage or agreement or five hundred rupees for every day during which such decree or order of a court, tribunal or other au contravention continues after conviction for the first thority. such contravention. (3) If any person who is under an obligation to 43. Court-fees. - Notwithstanding any file a statement under this Act files a statement thing contained in the Court-fees Act, which he knows or has reasonable belief to be false, 1870 every application, appeal or other 7 of 1870. he shall be punishable with imprisonment for a term proceeding under this Act shall bear a which may extend to two years or with fine which 'court-fee stamp of such value as may be may extend to one thousand rupees or with both. prescribed. (4) If any person contravenes any of the provi 44. Certain officers to be public ser sions of this Act for which no penalty has been ex vants. - Every officer acting under, or in pressly provided for, he shall be punishable with pursuance of, the provisions of this Act imprisonment for a term which may extend to two or under the rules made thereunder shall years or with fine which may extend to one thousand be deemed to be a public servant within rupees or with both. the meaning of section 21 of the Indian Penal Code. 45 of 1860. 39. Offenoes by oompanies. - (1) Where an of fence under this Act has been committed by a com 45. Correction \ of olerical errors. - Clerical or pany every person who, at the time the offence was arithmetical mistakes in any order passed by any committed, was in charge of, and was responsible to, officer or authority under this Act or errors arising the company for the conduct of the business of the therein from any accidental slip or omission may at company as well as the company, shall be deemed any time be corrected by such officer or authority to be guilty of the offence and shall be liable to be either on his or its own motion or on.an application proceeded against and punished accordingly: received in this behalf from any of the parties. Provided that nothing contained in this sub-section shall render any such person liable to any punish 46. Power to make rules. - (1) The Central Go ment, if he proves that the offence was committed vernment may, by notification ifr the Official Gazette, withou.t his knowledge or that he exercised all due make rules for carrying out the provisions of this diligence to prevent the commission of such offence. Act. (2) Notwithstanding anything contained in sub (2) In particular and without prejudice to the ge -section (1), where an offence under this Act has nerality of the foregoifrg power, such rules may 160 SERIES I No. 13 provide for all or any of the following matters, the validity of anythipg previously done under that namely: - rule. (a) the cultivation or growing of plant which 47. Power to remove difficulties. - (1) If any dif will not be agriculture under clause (A) of the ficulty arises in giving effect to the provisions of Explanation to clause (0) of section 2; this Act, the Central Government may, by order, do (b) the period within which the statement may anything not inconsistent with such provisions which be filed under section 6; appears to it to be necessary or expedient for the purpose of removing the difficulty. (c) the form of intimation under sub-sections (2) and (3) of section 7; (2) No order under sub-section (1) shall be made after the expiration of a period of two years from (d) the particulars to be mentioned in the state the commencement of this Act. ment referred to in sub-section (1) of section 6, sub-section (2) of section 8, sub-section (1) of SCHEDULE I section 15 and sub-section (1) of section 16; [See sections 2(n), 4, 11 and 29J (e) the manner of serving the draft statement under sub-section (3) of section 8; Note I. - An Urban Agglomeration is made up of main town together with the adjoining areas of (n the manner of publishing the notification urban growth ·and is treated as one urban spread. under sub-section (1) of section 10; The population covereCl by such spreads is catego (g) the time within which the competent autho rised as. urban. Each such agglomeration may be rity shall dispose of a case under sub-section (9) made up of more than one statutory town, adjoining of section 11; one another such as a Municipality and the adjoin ing Cantonment, etc., and also othoc ill·ban growths (h) the times during which the competent au such as a Railway Colony, University Campus, etc. thority or any person acting under the orders of Such outgrowth (0. G.) which did not qualify to be such authority may enter upon any vacant land trE.ated as individual towns in their ovm right and under section 17; have pronounced urban characteristics are shown (i) the time within which and the form'and the as constituEnts of the agglomeration. manner in which a declaration under sub-section (1) of section 21 shall be made before the compe Note II. - The following abbreviations have been tent authority; used in this Schedule: - (j) the terms and conditions subject to which C.... Corporation a person permitted under sub-section (1) of sec Cantt. Cantonment tion 21 may hold land in excess of the ceiling limit; C.B. Cantonment Board (") the particulars to be mentioned in the state C.T. Census Town ment referred to in sub-section (1) of section 22; E.O. Estate Office (l) the form in which an application under sub -section (1) of section 24 may be made and the G.P. Gram Panchayat particulars to be mentioned ip such application; M .... Municipality (m) the form and the manner in which an appli- M.B. Municipal Board cation for transfer of land may be made under M.C. Municipal Committee sub-section (2) of section 27; lvI. Corp. Municipal Corporation (n) the powers of the competent authOrity under N. or N.C .... Notified Committee clause (f) of section 31; N.A.C. Notified Area Committee (0) the appellate authority under sub-section (1) of section 33; N.A. Notified Area N.M. Non-Municipal (p) the value of the court-fee stamp to be af fixed on an apnlication, appeal or other proceeding N.P. Nagar Panchayat under section 43; O.G. Outgrowth (q) any other matter which is to be, or may be, P ... Panchayat provided for by rules under this Act. S.B. Sanitary Board (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each S.A. Special Area House of Parliament, while it is in session, for a T.A. Town Area total period of thirty days which may be comprised T.B. Town Board in one session or in two or more successive sessions, and if, before the expiry of the session immediately T.C. Town Committee following the session or the successive sessions afore T.P. Town Panchayat said, both Houses a<>;ree in making any modification in the rule or both Houses agree that the rule should T.S. Township not be made, the rule shall thereafter have effect V.C. Union 'Committee only in such modified form or be of no effect, as Urban Agglomeration the case may be; so, however, that any such modifi U.A. cation or annulment shall be without prejudice to V.P. Village Panchayat 4TH JULY, 1977 (ASADHA 13, 1899) 161 State/Union teITitory Towns Peripheral Category area (1) (2) (3) ( 4) STA'l'ES: 1. Andhra Pradesh 1. Hyderabad U. A. 5 Kms. B (a) Hyderabad- M. Corp. (i) Hyderabad Division nn Secunderabad Division (b) Secunderabad Cantonment Cantt_ (e) Malkajgiri P. (d) Alwal P. (e) Uppal Khalsa P. (f) Balanagar P. (g) Fatehnagar P. (h) Macha Bolaram P. (i) Osmania Universit.y W Lalaguda (k) Kukatpalle P. (l) Moosapet P. (m) Bowenpalle (n) Zamistanpur 2. Visakhapatnam U.A. 5 Kms. c (a) Visakhapatnam-- (i) Visakhapatnam M. (ii) Gajuvaka (O.G.) (b) Gopalapatnam P. 3. Vijayawada U.A. 5 Kms. C (a) Vijayawada M. (b) Patamata P. (e) Gunadala P. 4. Guntur 11. 1 Km. D 5. Warangal M. 1 Km. D 2. Assam Gauhati U.A.- Km. D (a) Gauhati- (i) Gauhati M. (ii) New Gauhati Railway Ollo~y (O.G.) (iii) Bamunimaidan (O.G.) (iv) Japarigog (Part) (O.G.) (v) Noonmati (O.G.) (vi) Ulubari (O.G.) (vii) Refinery Colony (O.G.) (viii) Dispur (O.G.) (ix) Maligoan (O.G.) (x) Ramchahi! Grant (O.G.) (b) Pandu (i) Pandu (ii) Gauhati University (Uttar .Maj and Pachim Jhalukbari) (O.G.) (iii) Maligaon (O.G.) (iv) Sadilapu (O.G.) (v) Garpandu Kumarriara (O.G.) (e) Kamakhya T. C. 162 SERIES I No. 13 S-tatc/Union te,r,ii:tor'Y Towns Peripheral Category area (1) (2) (3) (4) ,'- 3. Bihar I. Patna V.A.- 5 Kms. C (a) Patna- (i) Patna M. Corp. (i-i) Pataliputra Housing Colony (b) Phirlwari 2,'-Ranchi V.A ...... ::. 1 Km. D (a) Ranchi ,M.' (b) Jagannathnagar (e) Doranda N. 3. Dbanbad V.A. - 5 Kms. C (a) Dhanbad M. (b) Kerkand (e) Sindri N. (d) Jharia N. (e) Jorapokhar (f) Tisra i- (g) Bhowrah (h) Bhuli (i) Loyabad (j) Bhagatdih (k) Jamadoba (l) Sijua (m) Pathardih (n) Kenduadih (0) Bera 4. Jamshedpur V.A. - 5 Kms. C (a) Jamshedpur (-i) J amshedpur N. Notified Area (ii) Railway Colony state/Union territory Towns Peripheral Category area ( 1) (2) (3) (4) 4. " Gujarat 4. Ahmedabad V.A. - Cootd. (v) Asarwa (O.G.) " (vi) Khokhara Mehmedabad (O.G.) (b) Sardarnagar N. A. C. (e) Sahijpur Bogha N. P. (d) Naroda N. P. (e) Danilimbda V. P. (f) Odhav V.P.- (g) AhmedabadCailtonment Cantt. (h) Ranip V. P. 5. Vadodara VA.- 5 Krus. e (a) Vadodara M. Corp. (b) Makarpura (O.G.) 6. Surat V.A.- 5 Krus. e (a) Surat 1vI. Corp. (b) Vdhana V. P. (e) Katargam V. P. 5. Jammu and Kashmir Srinagar V. A. - 5 Kms. e (a) Srinagar- (i) Si-inagar M. C. (ii) Natipora (O.G.) (iii) Bagat Barzala (O.G.) / . (iv) Bemina (O.G.) (v) Kursu Padshahi Bagh (C.G.) (b) Badamibagh Cantonment Cantt. :'i: 6. Karnataka l. Bangalore V.A.- 5 Kms. B (a) Bangalore City Corporation and Trust Board Area M. Corp. (b) H.A.L. Sanitary Board (excluding H.A.L. Township) S. B. (e) Devarajeevanahalli T. P. (d) H.A.L. Township S. A. (e) Jalahalli (excluding H.:M.T. Township) P. (j) H.M.T. Township S. A. (g) LT.I. Notified Ar€a Committee (Duravaninagar) N. A. C. (h) B.E.L. Township S. A. (i) Kadugondanahallt P. 2. Mysore M. 5 Krus. e 3. Mangalore V.A.- 1 Km. D (a) Mangalore M. (b) Ullal T. P. (0) Padavu T. P. (d) Kankanadi P. (e) Derebail P. 4. Belgaum V.A.- 1 Km. D (a) Belgaum M. (b) Belgaum Oantonment C. B. 5. Hubli-Dharwar M. Corp. 5 Krus. e 164 SERIES I No. 13 StateiUnion territory Towns Peripheral Category area (1) (2) (3) (4) 7. Kel'ala 1. Calicut C. 5 Kms. C 2. Cochin C. 5 Kms. C 3. Trivandrum C. 5 Kms. C 8. 1\Iadhya Pradesh-- 1. Gwalior V.A. 5 Kms. C m Gwalior M. Corp. (ii) Morar(O.G.) (iii) Jaderua Kalan '(O.G.) (iv) MUdia Pahad (O.G.) (v) Girwai (O.G.) (vi) Ajaipur (O.G,) (vii) Birpur (O.G.) (viii) Bhoderi (O.G.) (ix) Jaderua Khurd (O.G.) (x) iMelara (O.G.) (xi) Sewage Farm (O.G.) (xii) Kishenbag (O.G.) (xiii) Rajman (O.G.) (xiv) Kalyanbag (O.G.) 2. Vjjain V.A. 1 Km. D (i) Vjjain M. Corp. (H) Railway Colony (O.G,) (iii) Nagziri(O.G.) (vi) Panwasa (O.G.) (v) Malanwasa (O.G.) (vi) Lalpur (O.G.) (vii) Goyala (O.G.) 3. ,Indore V.A. 5 Kms. C (i) Indore M. Corp. (ii) Piplaya Hana (O.G.) (iii) Sukliya (O.G.) (iv) Bija1pur (b.G.) (v) Khajrana '(O.G.) ('L"i) Savind Nagar (O.G.) (vii) SiI1pUr (O.G.) (viii) Banganga (O.G.) (ix) ,Hukumkhedi (O.G.) 4, Bhopal V.A.- 5 Kms. c (a) Bhopal- (i) Bhopal M. Corp, (ii) Sevarria Good (O.G.) (iii) Hatia:kheda (O.G.) (iv) Singarcholi (O.G.) (v) Halapur (O.G.) (vi) Chhola (O.G.) (vii) Neeri (O.G.) (viii) Kararia urf Sajidabad (O.G.) (ix) Nareea Shankri (O.G.) (x) Nishatpura (O.G.) (xi) Bhanpur (O.G.) (xiii) Nayapura (O.G.) (xiii) Nayapura (OiGi) 4TH JULY, 1977 (ASADHA 13, 1899) 165 State/Union temtory Towns Peripheral Category area (1) (2) (3) (4) 8. Madhya Pradesh· 4. Bhopal U.A. - Gontd. contd. (xiv) Semra Kalan (0. G.) (xv) Kohphija (O.G.) (b) Gbbindpura (H.E.L.) N.M. (c) Bairagarh- N. A. (i) Bairagarh (ii) Bairagarh Kalan (O.G.) (iii) Golldernlau (O.G.) (iv) Laukhedi (O.G.) (v) PipaIner (O.G.) 5. Jabaipur U.4-. 5 Kms. c (a) Jabalpur- (i) Jabalpur M. Corp. (ii) Heavy Vehicle Factory area (Richhai-Madhai) (O.G.) (iii) Manegaon (O.G.) (iv) Maharajpur (O.G.) (v) Bilpura (O.G.) (vi) Amkhera (O.G.) (vii) Suhagi (O.G.) (viii) Karmeta (O.G.) (ix) Regwa (O.G.) (x) Kheri (O.G.) (xi) Pipariya (O.G.) (b) Jabalpur Cantonment Cantt. (c) Khamaria- (i) Khamaria (O.F.'A.) N.M. (ii) Khamaria (G.C.F.) (O.G.) (iii) Pipariya (O.G.) (iv) Tighra (O.G.) (v) Ghama (O.G.) 6. Durg-BhHainagar U.A.- 1 Km. D (a) BhHainagar- (i) Bhilainagar N. M. (ii) Bhilaigaon (O.G.) (iii) Supem (O.G.) (iv) Kohka (O.G.) (v) Chhaoni (O.G.) (b) Durg- (i) Durg M. (ii) Urla (O.G.) (iii) Baghera (O.G.) 7. Raipur U.A. ....,. 1 Km. D (i) Raipur M. Corp. (ii) RaHway Colony (O.G.) (iii) TeIebandha (O.G.) (iv) Pandri-Tarai (O.G.) (v) Khamtarai (O;G.) (vi) Kota (O.GS (vii) Chirhuldih (O.G.) 166 SERIES I No. 13 State/Union:' ter-ritory Towns Peripheral 'Category .> ,- area ( 1) :.! (2) (3) ( 4) 8. Madhya Pradesh- 7. Raipur U.A. - Contd. contd. (1}iii) Shankar Nagar (O.G.) (ix) Dumartalab (O.G.) . (x') Mowa '* Wh re any land within the peripheral area of eight' l{:i1ome~ -is· covered by waJter (whether by ilUa.n.d waters or sea or creek), the peripheral area shall be extended beyond .such 1JI(alter 'to a further distJance equal to the d1stance measured across and occupied by such water. . , .' . 4TIl JULY, 1977 (ASADIlA 13, 1899) 167 StateiUnion territory • Towns Peripheral Category area (1) (2) (3) (<1,)1 10. Orissa Cuttack U.A. - lKm. D (i) Cuttack M. (ii) Cuttack Industrial Estate (O.G.) . '(iii) Cuttack C.R.R.I. and other Government Colony (O.G.) 11. Punjab 1. Amritsar U.A. - 5Kms. c (a) Amritsar_ (i) Amritsar M. C. (ii) Adarsh Nagar (O.G.) (iii) Rajinder Nagar (O.G.) (iv) Batala Road (O.G.) (v) Khanna Nagar (O.G.) (vi) Dolunji (O.G.) (vii) Quarters Rattan Chand and Bihari Lal and Power House (O.G.) (viii) Kotmit Singh (O.G.) (ix) Gobind Nagar (O.G.) (x) Mohkampura (O.G.) (xi) Gopal Nagar (O.G.) (xii) Kangra Colony (O.G.) (xiii) Kot Amar Singh (O.G.) (xiv) Dhaipai (O.G.) (xv) Jaura Phatik (O.G.) (xvi) Bhawani Nagar (O.G.) (xvii) Mustafabad Tuni Pain (O.G;) (xviii) Shiv Nagar (O.G.) (xix) Quarter Railway Line Kot. Khalsa (O.G.) (xx) Guru Arjan Nagar (O.G,) (xxi) Mustafabad (O.G.) . (xxii) Vijay Nagar (O.G.) (xxiii) Anand Nagar (O.G.) (b) Chheharta M. C. (0) Amritsar Cantonment C. B. 2. Ludhiana U.A. 5 Kms. c (i) Ludhiana M. C. (ii) Basti Jodhewall (O.G.) (iii) Industrial Area A. & C. (O.G.) (iv) Janta Colony (O.G.) (v) Railway Huts (O.G.) 3, Jullundur M. C. 1 KID. D 12. Rajasthan 1. Bikaner U.A. - 1 Km. D (a) Bikaner M. (b) Gangashahar M. (0) Bhinasar' M. 2. Jaipur U.A. - 5 Kms. c (a) Jaipur M. (b) Sanganer C. T. (e) Amber M. :168 SERIES I No. 13 State/lJnion territory TownS' Peripheral 'Categ,Jry area (1) (2) (3) (4) :12. Rajasthan 3. Ajmer U.A. 1 Km. D Contd. (i) Ajmer M. (ii) Subhash Nagar (O.G.) (iij) Regional College (O.G.) , 4. Jodhpur M. 5 Krus. C 5. Kota M. 1 Km. D :13. Tamil Nadu 1; Madras U.A. -.,,- 8 Kms. A (1) Madras M. Corp. (2) Thiruvattiyur M. (3) Avadi T. S. (4) Alandur M. (5) Tambaram M. (6) Pallavapuram 'M. (7) Ambattur T. S. (8) ViIIivakkam P. (9) St. Thomas Mount-cum-PaIIavaram Cantonment Cantt. (10) Madhavaram P. (11) PoovirundhavalIi P. (12) Thiruval\miyur P. (13) Kunrathur P. (14) Anakaputhur P. (15) Kodambakkam P. (16) Naravarikuppam P. (17) Thirumazhisai P. (18) Pammal P. (19) SaIigramam P. (20) Velacheri P. (21) Virugambakkam P. (22) Kodungaiyur P. (23) Oragadam P. (24) Thiruninravur P. (25) Polal P. \ (26) Erukkancheri P. '"'( (27) Thiruneermalai P. (28) Chithalapakkam P. (29) Nerkundram P. (30) Koyambedu P. (31) Perungalathur P. (32) VaIIanur P. (33) Peerkankaranai P. (34) Sennirkuppam P. (35) Nazarethpettai P. (36) Sembarambakkam P. (37) Polichalur P. (38) Kannapalayam P. (39) Meenambakkam P. (40) Pallikaranai P. (41) Thirusulam P. (42) Thirumangalam P. (43) Kattupakkam P. (44) Kathivakkam P. (45) Melmanambedu P. ------,-----~ ------,--- tV",,",, ,_"_,_,_;_=~",,, ,, __ "",,",',q;,""_ ~_~,=-:=;;;:== _-""'~=c.\,.",_",-, ~~;;;;;",,,,~"~_ ,_c_("'=_=,--::;~;;_"""~=- _"'''':;' __ 4TH JULY,1977 (ASADHA 13,1899) 169 State/Union territory Towns Peripheral· Category , area (1) (2~ (3) (4) 13. Tamil C\fadu-~ l. Madras U.A. - Gontd. contd. (46) Soranjeri P. ( 47) Kathirvedu P. (48) ,perurgudi P. (49) N adukkuthagai P. (50) Matthur P. (51) Varadha:rajapuram P. (52) Thiruverkadu P. (53) V eerara:gava puram P. (54) Vengavasal P. (55) Nemilicheri P. (56) Sadayankuppam P. (57) Mudichur P. (58) ~vladi pakkam P. 2. Salem U.A.- 5 Kms. C (a) Salem M. (b) Suramangalam P. (e) J arikondalampatti P. (d) Annadanapatti P. (e) Ammapalayam P. (1) Ammapet P. (g) Puthur P. (h) Kondalampatti P. (i) Thadampatti P. (j) Alagapuram P. (k) NE!ikarapatti P. (I) Sivadapuram P. (m) Meyyanur P. (n) Komarasamipatti P. (0) Kandampatti P. (p) Reddipatti P. (q) Narasojipatti. P. (r) Pallapatti P. y' 3. Coimbatore U.A.- 5 K'rns. C (a) Coimbatore M. (b) Singanallur M. (e) Kurichi P. (d) T€lungupalayam P. (e) Sanganur P. (f) Kuniamuthur P. (g) Ganapathy P. (h) Madukkarai T. S. ( i) Komarapalayam P. (j) Vellalore P. (k) Sulur P. (7) Perianaickenpalayam P. (m) Kurudumpalayam P. (n) Kavundampalayam P. (0) Vilankuruchi P. (p) Veerakeralam P. v (q) Perur Chettipalayam P. (r) Perur P. :170 SERIES I No. 1:1 State/Union territory Towns Peripheral Category area ,--- (1) (2). (3) (~) :13. Tamil Nadu- 3. Coimbatore U.A. - Ocmtd. t:ontd. (s) Chinnavedampatti P. (t) NaFasimhanaickenpalayam P. (u) Pallapalayam P. (v) Coimbatore N.M. (w) Muthugounden Pudur Railway Colony So\lthern Railway Administration 4. Madurai U. A.- 5 Krus. e (a) Madurai M. C. (b) Madakulam P. (0) Avaniapuram P. (d) Tirupparankundram P. (e) Thallakkulam P. P. (f) Ponmeni "( (g) Paravai P. (h) Vilangudi P. (i) Samayanallur P. (j) Sathamangalam P. (k) Beebikulam P. (I) Harveypatti T. S. (m) Tirunagar P. (n) Thathaneri P. (0) Thaigarajar Colony P. 5. Tiruchirapalli U.A.- 5 Krus. e (a) Tiruchirapalli M. (b) Srirangam M. (c) Ponmalai P. (d) Golden Rock Railway Colony Southern Railway Administration (e) AriyamangaJam P. (Il Alathur P. (g) P. Abishekapuram y (h) Pirattiyur P. (i) Ulkadai Ariyamangalam P. 6. Tirunelveli U.A.- 1 Km. D (a) Tirunelveli' M. (b) Palayamkottai 'M. (0) MeJapalayam M. (d) Thatchanallur P. (e) Naranammalpuram P. (f) Thalaiyuthu P. (g) Palayamkottai (N.M.) N. M. (h). Sankarnagar T. S. (i) Alaganeri P. (j) Melanatham P. (k) Pettai P. 1 Km. D ::14. Uttar Pradesh- 1. Moradabad U.A.- (a) Moradabad M. B. Y (b) Moradabad Railway Settlement N. A. 4TH JULY, 1977 (ASADHA 13,1899) 171 State/Union territo~y Towns Peripheral Category area (1) (2) (3) ( 4) 14. Vttar Pradesh- 2. Bareilly V.A. - 5 Kms. C eontd. (a) Bareilly M.B.and Northern Railway Colonies..,... . W) Bareilly M.B. (ii) Northern Railway Colony (b) Bareilly Cantonment Cantt. (e) Izatnagar Railway Settlement N. A. 3. Dehra Dun Tf.A.- 1 Km. D (a) Dehra Dun M.B. & Forest Research Institute & College Area- (i) Dehra Dun 1\'1:. B. (ii) Forest Research Institute. & College Area (b) Dehra Dun Cantonment Cantt. , 4. Meerut U.A. - 5 Krrm. C (a) Meerut M. B. (b) Meerut Cantonment Cantt. (e) Malyana 5 .. Agra V.A.- 5 Krrm . C . (a) Agra M. Corp. (b) Agra Cantonment Cantt. (e) Dayalbagh T. A. (d) Swamibagh T. A. 6. Kanpur V.A.- 5 Krrm. B (a) Kanpur M. C., Rawatpur Stationyard and Central Railway Colony - (i) Kanpur M. Corp. (ii) Rawatpur Stationyard (iii) Central Railway Colony (b) Kanpur Cantonment Cantt. (e) Armapur Estate (d) Northern Railway Colony (e) Chakeri (n I. I. T. Kanpur 7. Allahabad V. A. - 5 Krrm. C (a) Allahabad (M. C.) and SUbedarganj Railway Colony- (i) Allahabad M. Corp. (ii) Subedarganj Railway Colony (b) Allahabad Cantonment Cantt. S. Lucknow V.A. - 5 Krrm. C (a) Lucknow M. Corp. (b) Lucknow Cantonment Cantt. (e) Charbagh Alambagh N. A. 9. Gorakhpur M.B. 1 Km. D 10. Varanasi V.A.- 5 Kms. C (a) Varanasi M. C. and Varanasi Railway· Colony- (i) Varanasi M. Corp. 172 SERIES I No. 18 State/Union territory Towns Peripheral Category area ( 1) (2) (3) (4) 14. Uttar PradESh 10. Varanasi U. A. - ermtd. .,oneld. (ii) Varanasi Railway Colony (b) Banaras· Hindu University (e) Varanasi Cantonment Cantt. 11. Aligarh M.B. 1 Km. D 12. Saharanpur M.B. 1 Km. D 15. West Bengal-.- 1. Calcutta 8 Kms. A (1) Calcutta M. Corp. (2) Howrah M. Corp. (3) South Suburban M. (4) Bhatpara M. (5) South Dum Dum M. (6) Kamarhati M. (7) Garden Reach M. -f- (8) Paniliati M. (9) Baranagar M. (10) Hooghly Chinsura M. (11) Serampore M. (12) Barrackpur M. (13) Titagarh M. (14) Naihati M. (15) Kanchrapara M. (16) North Barrackpur M. (17) Chandannagar M. Corp. (18) Halisahar M. (19) Uttarpara-Kotrung M. (20) North Dum Dum M. . (21) Rishra M. (22) Bansberia M. (23) Panchur N. M. (24) Champdani M. (25) Baidyabati M. (26) Bhadreswar· M. (27) Garulia M. (28) Baly N. 'M. (29) Konnagar M. (30) Khardaha M. (31) Dum Dum M. (32) Deulpara N. 'M. (33) Barrackpur Cantonment Cantt. (34) Kasba N. 'M. (35) Garfa N. 'M. (36) Sultanpur N. M. (37) Kalyani N.M. (38) Bansdroni N. M. (39) Santoshpur N.M. (40) Rajapur N. M. (41) Jadabpur N. M. (42) Bademasar N.M. (43) Ichhapur Defence Estate N. M. (44) Jagannathgarh N.M. (45) Sarenga. N. M. 4TH JULY, 19.77 (ASADHA 13,1899) 173 State/Umon territory Towns Peripheral Category area (1) (2) (3) (4) 15. West Bengal- 1. Calcutta U. A. - eontd. contd. (46) Makhla N.M. (47) Nabagram Colony N.M. (48) Sankrail N.M. (49) Kolara N. M. (50) Bankara N.M. (51) Nibra N.M. (52) Kambahari N. M. (53) Manikpur N.M. (54) Banupur N.M. (55) Patulia N.M. (56) Chakapara N.M. (57) Mahiari N.M. (58) Dhuilya N.M. (59) Garui N.M. (60) Gardaha N.M. (61) Krishnagar N. M. (62) Jhorhat N.M. (63) Madrail Fingapara N. ::VI. (64) Chakdaha N.M. (65) Masila N. M. ~i (66) Purba Putiari N.M. (67) Bisarpara N. M. (68) Panpur N.M. (69) Bandra N.M. (70) Kerulia N.M. (71) Dum Dum Aerodrome Area N.M. (72) Podara N.M. (73) Andul N.M. (74) Narayanpur N.M. D' 2. Asansol U. A.- 1 Km. . (a) Asansol M . (b) Outer Burnpur N.M. (e) Burnpur N.M. 3. Durgapur N. A. 1 Km. D UNION TERRITORIES: 1 Km. D 1. Chandigarh Chandigarh U. A. - (a) Chandigarh E. O. " (b) Manimajra P. 8 Kms. A 2. Delhi Delhi U.A.- (a) Delhi M. Corp. (b) New Delhi M. C. (e) Delhi Cantonment. C. B. 174 SERIES I No. 13 SCHEDULE II (b) estimate the income from any produce [See section 11(2) 1 from such land, after holding such local inquiry and taking 'Such evidence as it thinks fit and after Principles for determination of the net average giving an opportunity to the person concerned of annual income being heard in the matter. 1. The, competent authority shall first determine 3. The net average annual income referred to in the gross income actually derived by the holder of clause (a) of sub-section (1) of section 11 Shall be the vacant land acquired during the period of five sixty per cent. of the' average annual gross income consecutive years referred to in clause (a) of sub which shall be one-fifth of the gross income during -section (1) of section 11 including any income from the five consecutive years as determined by the COIIll any produce derived from cultivation of the land petent authority under paragraph 1. during the said period. 4. Forty per cent. of, the gross annual income 2. For such determination the eompetent autho referred to above shall nQt: be taken into considera rity may-- tion in determining the net average annual income (a) hold any local inquiry and obtain, if neces but shall be deducted 'in lieu of the e> GOVT. PRINTING PRESS - GOA (Imprensa Nacional - Goa) PRICE-Ro. 3-00