The Urban Land (Ceiling and Regulation) Act, 1976

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The Urban Land (Ceiling and Regulation) Act, 1976

THE URBAN LAND (CEILING AND REGULATION) ACT, 1976 ACT NO. 33 OF 1976

[17th February, 1976.]

An Act to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good.

WHEREAS it is expedient to provide for the imposition of a ceiling on vacant land in urban agglomerations, for the acquisition of such land in excess of the ceiling limit, to regulate the construction of buildings on such land and for matters connected therewith, with a view to preventing the concentration of urban land in the hands of a few persons and speculation and profiteering therein and with a view to bringing about an equitable distribution of land in urban agglomerations to subserve the common good;

AND WHEREAS Parliament has no power to make laws for the States with respect to the matters aforesaid except as provided in articles 249 and 250 of the Constitution;

AND WHEREAS in pursuance of clause (1) of article 252 of the Constitution resolutions have been passed by all the Houses of the Legislatures of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal that the matters aforesaid should be regulated in those States by Parliament by law;

BE it enacted by Parliament in the Twenty-seventh Year of the CHAP

PRELIMINARY

CHAPTER I

PRELIMINARY

1.

Short title, application and commencement.

1. Short title, application and commencement. (1) This Act may be called the Urban Land (Ceiling and Regulation) Act, 1976.

(2) It applies in the first instance to the whole of the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and to all the Union territories and it shall also apply to such other State which adopts this Act by resolution passed in that behalf under clause (1) of article 252 of the Constitution.

(3) It shall come into force in the States of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Maharashtra, Orissa, Punjab, Tripura, Uttar Pradesh and West Bengal and in the Union territories at once and in any other State which adopts this Act under clause (1) of article 252 of the Constitution, on the date of such adoption; and, save as otherwise provided in this Act, any reference in this Act to the commencement of this Act shall, in relation to any State or Union territory, mean the date on which this Act comes into force in such State or Union territory.

CHAP

DEFINITIONS

CHAPTER II

DEFINITIONS

2.

Definitions.

2. Definitions. In this Act, unless the context otherwise requires,-

(a) 'appointed day" means,-

(i) in relation to any State to which this Act applies in the first instance, the date of introduction of the Urban Land (Ceiling and Regulation) Bill, 1976 in Parliament, and (ii) in relation to any State which adopts this Act under clause (1) of article 252 of the Constitution, the date of such adoption;

(b) "building regulations" means the regulations contained in the master plan, or the law in force governing the construction of buildings;

(c)"ceiling limit" means the ceiling limit specified in section 4;

(d) "competent authority" means any person or authority authorised by the State Government, by notification in the Official Gazette, to perform the functions of the competent authority under this Act for such area as may be specified in the notification and different persons or authorities may be authorised to perform different functions;

(e) "dwelling unit", in relation to a building or a portion of a building, means a unit of accommodation, in such building or portion. used solely for the purpose of residence;

(f) "family", in relation to a person, means the individual the wife or husband, as the case may be. of such individual and their unmarried minor children.

197 Explanation.-For the purpose of this clause, "minor" means a person who has not completed his or her age of eighteen years;

(g) "land appurtenant", in relation to any building, means-

(i) in an area where there are building regulations, the minimum extent of land required under such regulations to be kept as open space for the enjoyment of such building, which in no case shall exceed five hundred square metres; or (ii) in an area where "here are no building regulations, an extent of five hundred square metres contiguous to the land occupied by such building, and includes, in the case of any building constructed before the appointed day with a dwelling unit therein, an additional extent not exceeding five hundred square metres of land, if any, contiguous to th...

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