Chapter 1 PRELIMINARY

The provisions of this Act shall not apply to-(a) lands owned by the State Government or the Central Government; (b) lands belonging to registered Co-operative Farming Societies: Provided that the share of a member of such society, together with his other land, if any, does not exceed the permissible area; (c) lands belonging to Land Mortgage Banks, the State and Central Co-operative Banks and any other Banks. Explanation.- For the purpose of this clause `any other Banks' means a banking company as defined in section 5 of the Banking Regulation Act, 1949 (10 of 1949), and includes the State Bank of India constituted under the State Bank of India Act, 1955 (23 of 1955), as Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), and a "corresponding new bank" as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970), the Agricultural Refinance Corporation, and Agro-Industries Corporation, Agricultural Finance Corporation Ltd., a company incorporated under the Companies Act, 1956 (1 of 1956), and any other financial institution notified by the State Government in this behalf; (d) lands belonging to or vested in local authorities; Explanation: For the purpose of this sub-clause “local authority” means a Nagar Panchayat, Municipal Council, Municipal Corporation, Gram Panchayat, Panchayat Samiti, Zila Parishad, Board, Corporation, University or other statutory bodies constituted under any law made by the State Government or the Central Government; (e) and (f) XXXXXXXXXXXXXXXXX; (g) tea estates; (h) land as is notified by the State Government being land which is held or to be acquired in any manner, by an industrial undertaking for a bonafide industrial use, or by a hydel project for a bonafide project use. In considering whether such land is so held or to be acquired, the State Government shall have regard to the extent and location of the land, if any, already held by the industrial undertaking or the hydel project including any land which it may already hold for industrial or project use and its genuine requirement for future expansion: Provided that if the State Government in the case of land notified under this clause is satisfied that the land has not been actually acquired or has not been actually put to use by the industrial undertaking or the hydel project within a period of two years (or such extended period not exceeding five years as the State Government may decide) from the date of notification issued under this clause, the State Government may, after making such enquiry as it thinks fit, by order published in the prescribed manner, direct that the land or any part thereof specified in the order shall, with effect from such date as is mentioned in the order, cease to be exempted land. (i) lands belonging to religious or spiritual bodies or organizations, propagating moral or secular teachings including eradication of casteism, alcoholism and drug addiction etc.: Provided that the exemption under this clause shall continue only as long as such land and structure, if any, is used for its purposes by such religious or spiritual bodies or organizations and the same shall not be transferred by way of sale, lease, gift, will, mortgage with possession or in any other manner by such bodies or organizations and in the event of contravention of the provisions of this clause, such land or structure or both, as the case may be, shall vest in the State Government free from all encumbrances. Where any allotment of land made under any scheme, framed under the principal Act, is found to be inconsistent with the provisions made in the principal Act, as amended by sections 2 and 3 of this Act, then notwithstanding anything to the contrary contained in any judgement, decree or order of any court; or any other law for the time being in force, it shall be lawful for an officer specially empowered by the State Government in this behalf, to cancel such allotment and take possession of the land so allotted: Provided that no order under this section shall be passed without affording an opportunity of being heard to the allottee of land in question.