2[3. Ceiling on holding.-

(1) Subject to the provisions of this section, on and from the commencement of the Delhi Land Holdings (Ceiling) Amendment Act, 1976, no person either by himself or, if he has a family, together with any other member of his family (hereinafter referred to as the person representing the family) shall, whether as a Bhumidhar or an Asami or partly in one capacity and partly in another, be entitled to hold land in excess of-

(a) (i) 7.25 hectares, in the case of land which is assured of irrigation from a private source of irrigation and is capable of yielding at least two crops in a year; or

(ii) 5.8 hectares, in the case of land which is assured of irrigation from a Government source of irrigation and is capable of yielding at least two crops in a year; or

(b) (i) 10.9 hectares, in the case of land which is assured of irrigation from a private source of irrigation and is capable of yielding at least one crop in a year; or

(ii) 8.7 hectares, in the case of land which is assured of irrigation from a Government source of irrigation and is capable of yielding at least one crop in a year; or

(c) 21.8 hectares, in the case of any other land, including an orchard.

(2) Where a person holds land falling under more than one category specified in sub-section (1), then, the land held by him shall be converted into land falling under category (c) and for the purpose of such conversion one hectare of land falling under category (a) (i) shall be treated as equal to 3 hectares of land falling under category (c), one hectare of land falling under category (a) (ii) shall be treated as equal to 3.75 hectares of land falling under category (c), one hectare of land falling under category (b) (i) shall be treated as equal to 2 hectares of land falling under category (c) and one hectare of land falling under category (b) (ii) shall be treated as equal to 2.5 hectares of land falling under category (c); and the extent of the land so converted together with the extent of the land, if any falling under category (c) held by such person shall not exceed 21.8 hectares.

(3) For the purposes of this section, land which is assured of irrigation from a Government source of irrigation means any land which is irrigated, or is capable of being irrigated, from such source.

(4) If any question whether any land is capable of yielding only one crop or more than one crop in a year arises, such question shall be decided by such authority and in such manner as may be prescribed and the decision of such authority thereon shall be final.

(5) Where the number of members of the family of a person exceeds five, he shall he entitled to hold land in excess of the ceiling limit to the extent of one-fifth of the ceiling limit for each member in excess of five; so, however, as not to exceed twice the ceiling limit in the aggregate.

(6) where a person is a member of a family the land held by such person together with the land held by every other member of the family, whether individually or jointly, shall be taken into account in determining the ceiling limit. 6

(7) A person representing a family shall also be entitled to hold land not exceeding the ceiling limit for each of his major sons, if any:

Provided that the land, if any, held by such major son or, if he has a family, by any other member of his family shall be taken into account in determining the ceiling limit for the purposes of this sub-section.

(8) Where a family holds land in excess of the ceiling limit and such land includes land held by the wife or the husband, then, the share of the wife or the husband, as the case may he, in the land that may be held by the family within the ceiling limit shall be in the same proportion as it was in the total extent of the land held by the family.

(9) Where a person is a member of a registered co-operative farming society his share in the land held by such society shall be taken into account in calculating the ceiling limit in relation to such person.]

1. The words ', "standard acre" ' omitted by Act 15 of 1976, s. 3 (w.e.f. 8-12-1975).

2. Subs. by s. 4, ibid., for section 3 (w.e.f. 8-12-1975).

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