Urban Land (Ceiling and Regulation) Act,1976
Act No : 33
Section :
Chapter not to apply to certain vacant lands.
19. Chapter not to apply to certain vacant lands. (1) Subject to the provisions of sub-section (2), nothing in this Chapter shall apply to any vacant land held by- (i) the Central Government or any, State Government, or any local authority or any Corporation established by or under a Central or Provincial or State Act or any Government company as defined in section 617 of the Companies Act, 1956; (1 of 1956.) (ii) any military, naval or air force institution; (iii) any bank. Explanation-In this clause, "bank" means any banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, (10 of 1949.) and includes- (a) the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934; (2 of 1934.) (b) the State Bank of India constituted under the State Bank of India Act, 1955; (23 of 1955.) (c) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959; (38 of 1959.) (d) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Under- takings) Act, 1970; (5 of 1970.) (e) the Industrial Finance Corporation of India, established under the Industrial Finance Corporation Act, 1948 (15 of 1948.) the Life Insurance Corporation of India, established under the Life Insurance Corporation Act, 1956, (31 of 1956.) the Unit Trust of India, established under the Unit Trust of India Act, 1963, (52 of 1963.) the Industrial Development Bank of India Act, 1964, (18 of 1964.) the Industrial Credit and Investment Corporation of India, the Industrial Reconstruction Corporation of India and any other financial institution which the Central Government or the State Government concerned may, by notification in the Official Gazette, specify in this behalf; (iv) any public charitable or religious trust (including wakf) and required and used for any public charitable or religious purposes: Provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust; 211 (v) any co-operative society, being a land mortgage bank or a housing co-operative society, registered or deemed to be registered under any law relating to co-operative societies for the time being in force: Provided that the exemption under this clause, in relation to a land mortgage bank, shall not apply to any vacant land held by it otherwise than in satisfaction of its dues; (vi) any such educational, cultural, technical or scientific institution or club [not being a Corporation established by or under a Central or Provincial or State Act referred to in clause (i) or a society referred to in clause (vii)] as may be approved for the purposes of this clause by the State Government by general or special order, on application made to it in this behalf by such institution or club or otherwise: Provided that no approval under this clause shall be accorded by the State Government unless that Government is satisfied that it is necessary, so to do having regard to the nature and scope of the activities of the institution or club concerned, the extent of the vacant land required bona fide for the purposes of such institution or club and other relevant factors; (vii) any society registered under the Societies Registration Act, 1860, (21 of 1860.) or under any other corresponding law for the time being in force and used for any non-profit and non-commercial purpose; (viii) a foreign State for the purposes of its diplomatic and consular missions or for such other official purposes as may be approved by the Central Government or for the residence of the members of the said missions; (ix) the United Nations and its specialised agencies for any official purpose or for the residence of the members of their staff; (x) any international Organisation for any official purpose or for the residence of the members of the staff of such Organisation: Provided that the exemption under this clause shall apply only If there is an agreement between the Government of India and such international Organisation that such land shall be so exempted. (2) The provisions of sub-section (1) shall not be construed as granting any exemption in favour of any person, other than an authority, institution or Organisation specified in sub-section (1), who possesses any vacant land which is owned by such authority, institution or Organisation or who owns any vacant land which is in the possession of such authority, institution or Organisation: Provided that where any vacant land which is in the possession of such authority, institution or Organisation, but owned by any other person is declared as excess vacant land under this Chapter such authority, institution or Organisation shall, notwithstanding anything contained in any of the foregoing provisions of this Chapter, continue to possess such land under the State Government on the same terms and conditions subject to which it possessed such land immediately before such declaration. Explanation.-For the purposes of this sub-section, the expression "to possess vacant land" means to possess such land either as tenant or as mortgagee or under a hire-purchase agreement or under an irrevocable 212 power of attorney or partly in one of the said capacities and partly in any other of the said capacity or capacities.
Read All Comments
