Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973
No: 11 Dated: Mar, 29 1973
The Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973
Act No. 11 of 1973
An Act to provide for the imposition of ceiling on agricultural holdings, acquisition and disposal of surplus land and matters ancillary thereto.
Whereas, under clauses (b) and (c) of Article 39 of the Constitution of India, the State should, in particular, direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good and that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment:
And whereas, the area of agricultural land available for cultivation in the State is limited;
And whereas, there is great disparity in the holding of agricultural land leading to the concentration of such land in the hands of certain persons;
And whereas, it is necessary to acquire the agricultural land in excess of the ceiling area and to distribute such land to the landless and other persons among the rural population [or to utilize it for carrying out other measures of agrarian reform];
And whereas, such distribution will best subserve the common good, increase agricultural production and promote justice, social and economic;
And whereas, it is expedient to provide for all these and other matters connected therewith;
Be it enacted by the Rajasthan State Legislature in the Twenty- fourth Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Rajasthan Imposition of Ceiling on Agricultural Holding Act, 1973.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall be deemed to have come into force in whole of the State of Rajasthan with effect from the 1st day of January, 1973]
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "adult" means a person who is not a minor;
(b) "agriculture" includes-
(i) the raising of annual or periodical crops and garden produce;
(ii) horticulture;
(iii) the planting and upkeep of trees;
(iv) the breeding of cattle, camels, sheep or goats, and poultry;
(v) the use of land for growing fodder or thatching grass or for grazing; and "agricultural" shall be construed accordingly;
(c) "Authorised Officer" in relation to an area means an officer appointed by the State Government, by notification in the Official Gazette, to exercise the powers and to perform the functions of such officer under this Act in such area.
(d) "ceiling area" means the maximum area of agricultural land which a person or a family is entitled to hold under section 4 anywhere throughout the State;
(e) "company" means a company as defined in section 3 of the Companies Act, 1956 (Central Act 1 of 1956);
(f) "family" shall mean a family consisting of husband, wife and their minor children but excluding married minor daughter;
(g) "land" means a portion of the earth’s surface whether or not under water; and where land is referred to in this Act, it shall be deemed to include all things attached to, or permanently fastened to anything attached to, such land and shall also include benefits which arise out of land, but shall not include abadi land;
(h) "minor" means a person who has not completed the age of eighteen years;
(i) "Orchard" means a compact area of land, other than land under grape garden or vine-yard or under banana and guava gardens, having fruit bearing trees grown thereon in such number that they preclude, or when fully grown, would preclude a substantial part of such land from being used for any agricultural purpose;
(j) "person" includes any trust, company, firm or association or body of individuals, whether incorporated or not;
[(jj) "public purpose" shall mean all that which is calculated to promote the welfare of the people as envisaged in the Directive Principals of State Policy and shall include:
(i) provision of land for the Bhoodan Yagna Board or for a local body,
(ii) provision for land for industrial complexes in view of their integrated or specialised character of operation, or where agricultural or industrial operations are undertaken as a composite enterprise for the welfare of the people of the area;]
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Schedule" means a Schedule to this Act;
(m) "separate unit" means an adult son and in case of his death, his widow and children, if any;
(n) "State Government" means the Government of the State of Rajasthan;
(o) "surplus land" means the land held by a person in excess of the ceiling area applicable to him and declared to be surplus under section 13 of this Act;
(p) any reference to a person in this Act shall be construed as including a reference to a family as defined in clause (f); and
(q) words and expressions defined in the Rajasthan Tenancy act, 1955 (Rajasthan Act 3 of 1955) or in the Rajasthan Land Revenue Act, 1956 (Rajasthan Act 15 of 1956) shall, wherever used herein, be construed to have the meanings assigned to them by the said Acts.