Descriptive Study On Fixation Of Ceiling On Land Holdings

Author: LawSphereX

Category: Property & Real Estate

Published: 2026-08-23T19:15:15.845269+00:00

Updated: 2026-08-30T07:10:33.718Z

DESCRIPTIVE STUDY ON FIXATION OF CEILING ON

LAND HOLDINGS V.R. Sona, LLM, Department of Property Law, School of Excellence in Law, TNDALU P. Brinda, Associate Professor, Department of Property Law, School of Excellence in

Law, TNDALU

ABSTRACT

Land ceiling is to restrain the limit the size of landholdings of the individuals the main focus is to reduce the income disparity and increase productivity for this the government introduced the legislation in the official gazette where every state has its own ceiling limit size so they have their own legislation and central government introduced Urban land ceiling and regulation act 1976. Fixation of land ceiling is nothing but maximum amount of ceiling an individual or family can hold. The main objective for this is to reduce the land concentration and to promote equity. This is to prevent rich people from acquiring more land. In the following context how fixation of ceiling is fixed in different states and what is the main objective of the legislation are discussed in the article.

INTRODUCTION

During Pre Independence under the British rule people doesn’t had land for themselves where farmers used to cultivate without any ownership pertaining to the land only Jagirdars and Zamindars had privilege in occupying when coming to land this actually created discrimination among people they were restricted in occupying the land, tenancy exploitation were seen predominantly this resulted in inefficient use of soil, labour etc. In Post1- Independence the intermediaries were abolished which actually made nearly most of them a owners of the land. There was also implementation of rent regulation and confer ownerships to tenants. Next is the ceilings of land holdings where here in 1942 the Kumarappan Committee which actually recommended the maximum size of the ceilings of the land where an individual can hold.

During the period of 1961-62 all state governments had passed the ceiling acts which varied from state to state. In the year 1972 the ceiling limit vary from region to region depending on the kind of land and its productivity. It was 10- 18 acres for best land, where 18 – 27 acres for second class land and bit higher for the land which is located in hill station. FIXATION OF LAND CEILINGS IN DIFFERENT STATES Fixation of land ceilings differs from state to state where earlier it was region to region. Each state have different legislation pertaining to the land ceiling, I. PUNJAB In Punjab the ceiling Act was enacted in to two phases where The Punjab Security Tenure Act

1955 which was later amended to Punjab Land Reforms Act 1972 the main objective of this

legislation is that to enable the government to seize the surplus land for the resettlement of the land as per section 10 A2of this act where government also decided to safeguards the rights and other proportionate duties against any malafide transactions. The basic conditions were initiated firstly to enable a transferee to claim the possession from the transferor in respect of

1 www.drishtiias.com, land reforms in India

2 The State Government or my officer empowered by jt in this behalf, shall be competent lo utilise any surplus area for the resettlement of tenants rejected, or to be rejected clause sub-section (I) of section 9 the transaction, secondly to empower the collector to deliver the possession to the tenants. Lastly, to exempt the land of the armed forces of the union. In the case of Jaimal v. Financial Commissioner where here it was held the security to the tenants and where declared surplus and fix a ceiling on land holding and in the State of Punjab v. Amar Singh here the court derived three objectives, (a) to impart the security of tenure (b) to establish the tiler as owner (c) to trim the ceilings of the landholdings by setting the sober ceiling which is nothing but a plain ceiling. Some of the landlords retained land in several regions to avoid the ceiling. II.

HARYANA The Haryana Ceiling of Land Holding Act , 1972 governs the fixation of ceilings of Landholdings in the state of Haryana. Section 43 of the Act states about the permissible area where a landowner or tenant or mortgagee those who have assured irrigation land can be able to grow two crops per year, In4 the report its mentioned that landowners can eject the tenant after surplus area is decided under the Act . Chapter 2 of the Act states about the Ceiling on Land and Acquisition and Disposal of Surplus area , Section 75 states that when the person including the separate unit of the land by such person or member of the family the separate unit can be taken in to account while calculating the permissible land. In6 the case Kaushalya Devi v. State of Haryana, land owner whose surplus area is decided under Punjab tenure and security act cannot be dealt under ceiling act.

Transfer of land effected before the date of the surplus7 proceedings cannot said to be a bonafide transfer and the surplus area vest with the state if the permissible area is exceeded only the transferee will be touched and where no notice will be given to the bonafide purchaser. The Surplus land which has been gifted or disposed such shall not vest with the state and will not be utilized. 8In the report where the petitioner purchased a 3 The permissible area in relation to a land-owner or tenant or mortgagee with possession or partly in one capacity or partly in another, of person or family consisting of husband, wife and up to three minor children (hereinafter referred to as "the Primary unit of family"), shall be, in respect of- (a) land under assured irrigation capable of growing at least two crops in a year (hereinafter referred to as the land under assured irrigation), 7.

25 hectares;

4 All India Land laws report; 189; 1988

5 CEILING ON LAND. - Notwithstanding anything to the contrary contained in any law, custom, usage or

agreement, no person shall be entitled to hold whether as landowner or tenant or as a mortgage with possession or partly in one capacity or partly in one capacity or partly in another, land within the State of Haryana exceeding the permissible area on or after the appointed day.

6 AIR 258 1978

7 All India Land Laws Reporter 106; 1993

8 All India Land laws Reporter 315; 1993

land from a landowner now the petition is being revision before the Financial commissioner of Haryana which contended that land should be deemed to own by the landowner it was held that the land left to the extent of 34 Kanals and 16 Marlas from her own permissible area which can be utilized. Section 9 of the act explains that the land owned by a person where such person has a share in the undivided family and that land can be contributed as share capital which he may be a member of shareholder can be taken in to account. When9 the land is allotted to the different landless person and be in possession till the Haryana ceiling act came in to force where if the land owner died on 5. 1. 1976, that the land till not vested with the state then they can request for the redetermination of surplus land as per Section 12(3) 10of the Act.

Suo11 moto powers of Financial Commissioner where here fraud was detected after 20 years there was error on surplus area the willful wrong decision cannot be allowed where law has to take its course even though the fraud was detected after substantial delay. Haryana Ceiling and Land Holdings Rules, 1973 this rules is differs from the legislation where for each and every land may it be irrigation land, agricultural land or any land under the possession of the owner there was measure of hectares where it mentioned how many hectares of land each individual or family can hold in the state of Haryana. Where here in these rules the category also mentioned like how the land are scheduled under the category. III. ASSAM Assam Fixation of Ceiling on Land Holding Act 1956 exercise control over the fixation of ceiling of the land an individual holds in the State of Assam.

The level of ceiling was 49 acres which can be orchard up to 9 acres . As Assam is named for agriculture and tea estates most of the land was occupied for the purpose of agriculture, pisciculture, animal husbandry etc. Later in the year 1971 the Act was amended where here the level of ceiling was reduced to 24 acres and there was inclusion of corporate bodies. The12 legislation got further amended in the year

1976 where here the amendment is that the acquisition procedure was simplified the filing

objection was reduced from 30 days to 15 days also empowers the collectors to acquire the

9 All India Land Laws Reporter 270; 1991

10 The area declared surplus or tenant's permissible area under the Punjab law and the area declared surplus under the Punjab Law, which has not so far vested in the State Government, shall be deemed to have vested in the State Government with effect from the appointed day and the area which may be so declared under the Punjab Law after the appointed day shall be deemed to have vested in the State Government with effect from the date of such declaration.

11 State of Haryana v. Raghubir Singh; 2002

12 Dilrar.assam.gov.in/ ceiling on land.

excess land. The important provision of the ceiling act is that it prohibits the sale, mortgage and transfer of land if it is determined to be a surplus land. In the context of ceilings on existing holding and acquisition of excess land that there shall be no person entitled be it an owner or tenant of the land should not aggregated to exceed the limit of 50 bighas not only applicable of the owner but also to the members of the family namely joint family or an individual. Provided with this the State Government may allow more land for ancilliary purpose where to increase the cultivation and production of tea, for staff building, construction of road, bridges etc. As these are for the common welfare of the people and doesn’t involve any individual gain.

As per section 6 of the legislation states that the collector can collect the information through agency where if any person holding any excess limit of land he or she should be applicable to return the land to the government. The collector may at times proceed to take the possession of the property if the state government approved for any ancilliary purpose. Chapter V of Assam Fixation of Land Ceiling act 1956 states about the ceiling on future acquisition if any transfer be it be sale, transfer of property or mortgage, no document evidencing is accepted here as it should be explicitly in writing and should be registered under the Indian Registration act 1908. Ceiling on future acquisition through inheritance also possible where it may be through bequeath or through will or gift.

The 13Assam Fixation of Ceiling on Land Holdings Bill 2024, where this bill is waiting to pass where here the bill have certain amendments where here section 4 of the legislation has amended that such owner, tenant, or it may be transfer gift is restricted as the land can be used for other purpose that is special cultivation tea and ancilliary purpose. Section 34 has also amended where the punishment is extended up to 3-5 years with penalty. IV. TAMILNADU The Tamilnadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 governs the fixation of the ceiling on the holding of the agricultural land and acquisition of the surplus land , the main purpose of the statute is that to reduce the disparity and to engage the equity among the people where many poor peasants will be profited by this statute.

This land ceiling act has also been enacted to give effect in Directive principle of state policy. Agricultural land has been

13 Assambidhansabha.org/assam fixation on ceiling

distributed to the landless people where they can able to uplift their livelihood. Tamilnadu14 Ceiling act considered to be a self-contained code where here Sec 515 of this Act states that the ceiling area was categorized to 15 standard acres for the family members of 5 and 30 standard acres for the family containing more than 5 members. For educational purpose it was standardized to 10 to 40 acres under the Act. Section 6 16of the Act restricts the person from holding excess land of the ceiling fixed. Also any partition made on or after the commencement of the Act then it is considered to be void. Section 37A and 37B enables the industrial holdings to take excess land for expansion of the public institutions or for public purpose. Section 50 of the ceiling Act also enables the government to pay the amount of the land which was acquired by them.

If any person holding any excess land apart from the mentioned ceiling area then they should return the land to the authorized officer with in 30 days purview of section 8 17of the Act. The particulars should be of every excess land of the family members , particulars of any interest of land related to trust, distribution among any plantation, any encumbrances of the creditors, particulars of the tenants, and any particulars of the pending litigation. The land board consist of Land Commissioner, Land director who is also an ex-officio here they have the authority to grant permission for excess of land or acquisition of land for any ancilliary purpose which can be beneficial for common welfare. The ceiling limit under this act vary from the factors of how much land an individual holds.

The act faced challenges in implementation and lack of resources also there was widespread of corruption act which actually created a big backlog of this statute.

14 Landreforms.tn.gov.in

15 Subject to the provisions of sub-sections (3-A), (3-B) and (3-C) and of Chapter VIII, the ceiling area in the case of every person (other than the institutions referred to in clauses (c) and (d) and subject to the provisions of sub-sections A), (3-B), (3-C), (4) and (5) and 01 Chapter VIII, the ceiling area in the case of every family consisting of not more than five members shall be 15 standard acres 16 The extent of the: land so declared shall, with effect from the date of such declaration, be deemed to be held by the founder or such other person and shall be taken into account in calculating the extent of land held by him. The extent so declared shall cease to be the public property ;rum th.3 date of such declaration but shall be subject to any other liability that may be subsisting on such land

17 [3(With in thirty days) from the notified date], every Furnishing person, who on the date of the

commencement of this Act, of return by Pawn hold- held or is deemed to have held, land *[in excess of the ceiling in land area] shall, in respect of all land shall deemed to have excess of been held by such person on such,-date, furnish to the standard authorized officer within whose jurisdiction the holding of acres]. such person or the major part thereof, is. situated, a containing the following particulars namely :-- I (i) particulars of all the land ; (ii) particulars of the members of the family and of the situated land held by each member of the family (iii) Particulars of any interest either in the land held by a trust or in the income, from such land reserved in his favour or in favour of any member of his family In the case of Krishnaswamy v.

State of Madras, Supreme court struck down the entire Act as it Section 5 and 50 of Tamilnadu ceiling act violated Article 14 of the constitution which passed the amendment through 17th amendment 1964. Tamilnadu 18Land Reforms (Fixation of ceiling on Land) Amendment Act 2024, where here certain provisions are amended from the Ceiling Act 1976 . Section 3 where here minor unmarried sons and daughters substituted by minor children . Amendment of section 5 where here the imprisonment is substituted with rigorous imprisonment which doesn’t extend the term three years. V.

BIHAR Bihar19 Land Reforms (Fixation of ceiling area and Acquisition of Surplus Land) Act 1961 governs the fixation of ceiling area and acquisition of the surplus land where here section 4 20of the Act where standard 15 acres which is equivalent to 6,000 hectares where this ceiling area was fixed for every individuals this was controlled by central and state government . This appropriated area is for the people who have agricultural land where here the family or any member of the family has been determined by any order passed by the authority. Section 15 of the Act states about the acquisition of the surplus land where here the collector and state government specially empowered to acquire such surplus land from the land holder.

21 There is also restriction under this Act where here before and after the commencement of the land no person shall acquire any transfer of land, mortgage land, or through gift. Under Section

18 The hindu newspaper.com/ benefit of women;2023 edition

19 Indian Kanoon. Org; Published on 25th Feb 2019

20 Where the ceiling area of the land for any family or any member of the family constituting the family on the appointed day has been determined by any order passed by any authority in accordance with the provisions of this Act prior to the commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 (Bihar Act 1 of 1973), the ceiling area of such family or member of the family shall be re-determined under this Act with reference to the appointed day in accordance with the amended provisions.

21 The State Government or the Collector of the district specially so empowered in this behalf shall after the statement under sub-section (1) of Section 11 has been finally published and subject to appeal or revision, if any, acquire, the surplus land by publishing in the Official Gazette of the district, a notification to the effect that such land is required for a public purpose and such publication shall be conclusive evidence of the notice of the acquisition to the person or persons concerned :Provided that without awaiting the result of appeal or revision the State Government or the Collector of the district specially so empowered in this behalf may proceed to acquire such of the surplus land of the land-holder in respect of which there is no claim or dispute or which is admitted by the land-holder to be surplus

28 22of the Act states that the state government can acquire the land from the land holder who

has more than one acre for the purpose of the common welfare of the people may be development of the state of the Bihar. Section 29 23of the Act states about the exemptions where the provisions under this act does not apply to any such land which is under the control of the state or central government, land in possession under the gram panchayat where these are exempted from the fixation of ceiling act of the state of Bihar. Indemnity is applicable here where any person done any act in good faith then it is exempted as per section 40 of the Bihar Land Reforms (Fixation of ceiling area and Acquisition of Surplus Land) Act 1961. VI.

MAHARASHTRA Maharashtra Agricultural Lands (Ceiling on Holdings) Act 1961 governs with the prohibition on holding land in excess of ceiling area where here excess land considered to be the surplus land where here according to section 3 any individual or family holds any excess or surplus land on or before the commencement of the act then they can be ignored accordance with the statute. According to the act the agricultural land of standardized 15 acres is the ceiling limit on the agricultural ownership of the land beyond which any excess or surplus land should be 22 The State Government may by notification published in the Official Gazette, apply the provisions of this Chapter to such area or areas as it may specify.

(2)(i)On the publication of the notification under sub-section (1), the Collector shall, by general order published in the manner prescribed in sub-section (3) of Section 6, and in such other manner, if any, as may be prescribed call upon all land-holders holding land in the said area which together with any other land held by him anywhere else in the State exceeds one acre to surrender to the State- (a)one-twentieth of the total area held by him in the area notified, if the total area held by him throughout the State exceeds one acre but does not exceed five acres;(b)one-tenth of the total area held by him in the area notified, if the total area held by him throughout the State exceeds five acres but is less than twenty acres;(c)one-sixth of the total area held by him in the area notified, if the total area held by him throughout the State is twenty acres or more; and for that purpose to submit such return within such time as may be prescribed 23 Exemptions.

(1)(a)The provisions of this Act shall not apply to-(i)land in possession of the Central Government or The State Government;(ii)land in possession of local authorities or of Gram Panchayats established under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948);(iii)land vested in the Bhoodan Yagna Committee established under the Bihar Bhoodan Yagna Act, 1954 (Bihar Act XXII of 1954);(b)The provisions of Section 5 and Section 28, shall not apply to-(i)lac-brood farms operated by the Indian Lac Cess Committee constituted under Section 4 of the Indian Lac Cess Act, 1930 (24 of 1930);(ii)[* * * *] [Omitted by Act 7 of 1978 and shall be deemed always to have been omitted. ](iii)[* * * *] [Omitted by Act 12 of 1976.

](iv)[ such extent of land held on the date of commencement of this Act, by educational institutions, Universities, Research Councils or Research Institutes recognised by the State hospitals, maternity homes and Orphanages, as may be notified by the State Government in this behalf, so long as they continue as such; [Substituted by Act 1 of 1973.

](v)such extent of land held on the date of commencement of this Act by such public or charitable bodies or religious institutions of public nature, running educational Institutions, hospitals, maternity homes and Orphanages, as may be notified by the State Government in this behalf, so long as they continue as such:](vi)[ land required in connection with any other non-agricultural or industrial purpose, to the extent approved by Government, so long as they continue as such; [Clause (vi) omitted and clauses (vii) and (viii) re-numbered as clauses (vi) and (vii) respectively by Act 1 of 1973. ](vii)any land awarded for gallantry in the First World War or in the Second World War or subsequently surrendered to the government. The government will be authorized to distribute the surplus land to the landless peasants or farmers who doesn’t have crops to cultivate.

This act also provides payment of compensation to the owner of the surplus land which also sets out the procedures for the enforcement of the provisions. This act aims at promoting the land distribution among the people who have income disparity or inequality in the agricultural sector. The Maharashtra Agricultural Land ( Ceiling and Holdings Act ) 1961 has been uneven as it have disparity in implementation. 24

11 STATE TRANSPOSED LAND CEILING LAWS

These states25 are Andhra Pradesh, Gujarat, Haryana, Karnataka, Madhya Pradesh, Maharashtra, Punjab, Rajasthan, Tamil Nadu, Uttarakhand and West Bengal made the amendments in the last three years, the main reason they changed the ceiling laws in favour of the industry owners over farmers. The establishment of this ceiling laws is basically to address the historical inequality in land ownership in India. National Land Reforms Policy had also reiterated that the people of the state should reduce the land ceilings and distribute among the landless poor.

CONCLUSION

The main purpose of the land ceiling act in different state and regions was to limit the ceiling of the land owned by an individual or the members of the family so that the poor peasants or agricultural farmers can get the surplus for the livelihood so that there will not be any income disparity and establishment of equity. Where after few years of the implementation of the acts some of the states namely Andhra Pradesh, Uttarkhand, Bihar etc repealed their acts as they concentrated more on industrial and corporate growth.

In the year 1976, Urban ceiling and land regulation act came in to existence where their initial aim is to speculate affordable housing but which was ended in failure due to its complex implementation where the repeal in 1999 which is current approach to urban land management is now considered focused on comprehensive planning and innovative housing initiatives for housing shortages where this regulatory mechanism is to prevent from the exploitation.

24 Testbook.com/upsc ; published 2023

25 Indianspeed.newspaper/published;21st Feb 2021