Ceiling area.

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(1) The ceiling area shall be,-
(a) in the case of a raiyat, who is an adult unmarried person, 2.50 standard hectares;
(b) in the case of a raiyat, who is the sole surviving member of a family, 2.50 standard hectares;
(c) in the case of a raiyat, having a family consisting of two or more, but not more than five
members, 5.00 standard hectares;
(d) in the case of a raiyat having a family consisting of more than five members, 5.00 standard
hectares, plus 0.50 standard hectare for each member in excess of five, so, however, that the
aggregate of the ceiling area for such raiyat shall not, in
any case, exceed 7.00 standard hectares; (e) in the case of any other raiyat, 7.00 standard
hectares.
(2) Notwithstanding anything contained in sub-section (1), where, in the family of a raiyat, there
are more raiyats than one, the ceiling area for the raiyat, together with the ceiling area of all the
other raiyats, in the family shall not, in any case, exceed,-
(a) where the number of members of such family does not exceed five, 5.00 standard hectares;
(b) where such number exceeds five 5.00 standard hectares, plus 0.50 standard hectare for each
member in excess of five, so, however, that the aggregate of the ceiling area shall not, in any
case, exceed 7.00 standard hectares.
(3) For the purposes of sub-section (2), all the lands owned individually by the members of a
family or jointly by some or all the members of such family shall be deemed to be owned by the
raiyats in the family.
(4) In determining the extent of land owned by the raiyats in a family or the sole surviving
member of a family or an adult unmarried person, the share of such raiyat or raiyats, or such
sole surviving member, or such adult unmarried person, as the case may be, in the lands owned
by a co- operative society, company, co-operative farming society, Hindu undivided family or a
firm shall be taken into account.
Explanation. For the purposes of this sub-section, the share of a raiyat in a family or the sole
surviving member of a family or an adult unmarried person in the lands owned by a co-
operative society or a joint family shall be deemed to be the extent of land which would be
allotted to such raiyat or person had such lands been divided or partitioned, as the case may be.
1[(5) The lands owned by a trust or endowment other than that of a public nature, shall be
deemed to be lands owned by the author of the trust or endowment and such author shall be
deemed to be a raiyat under this Act to the extent of his share in the said lands, and the share
of such author in the said lands shall be taken into account for calculating the area of lands
owned and retainable by such author of the trust or endowment, and for determining his ceiling
area for the purposes of this Chapter.
Explanation. The expression "author of trust or endowment" shall include the successors-in-
interest of the author of such trust or endowment.]
2[(6) Notwithstanding anything contained in sub-section (1), a trust or an institution of public
nature exclusively for a charitable or religious purpose or both shall be deemed to be a raiyat
under this Act and shall be entitled to retain lands not exceeding 7.00 standard hectares,
notwithstanding the number of its centres or branches in the State.]
Vesting of land in excess of ceiling area.-(1) On the commencement of the provisions of this
Chapter, ¹[or on any subsequent date] any land owned by a raiyat in excess of the ceiling area
applicable to him shall vest in the State free from all encumbrances.
(2) Where any land vested in the State under sub-section (1) is being cultivated by a bargadar,
the right of cultivation of such bargadar in relation to any such vested land which, including any
other land owned or cultivated by him is in excess of 2[0.4047 hectare of land used for
agriculture), shall, on the commencement of the provisions of this Chapter 1[or on any
subsequent date.] stand terminated.
(3) Every bargadar shall, in relation to the land which he is authorised by sub-section (2) to
retain under his cultivation, become, on and from the date of commencement of the provisions
of this Chapter 1 [or on any subsequent date.] a raiyat
Land owned by a raiyat in excess of the ceiling shall vest in the State free from all
encumbrances.
Rights of bargadar-Where any land vested in the State is being cultivated by a bargadar, the
right of cultivation of such bargadar in relation to such vested land which, including any other
land owned or cultivated by him is in excess of 0.4047 hectare of land used for agriculture, shall,
on the commencement of the provisions of this Chapter or on any subsequent date, stand
terminated. So, the right of cultivation of the bargadar is limited to only one acre (0.4047
hectare) of land so vested including any other land owned and cultivated by him. When the
bargadar owns or cultivates other land which is less than 0.4047 hectare of land used for
agriculture then he will be entitled to retain upto maximum of 0.4047 hectare of land including
any other land owned or cultivated by him. The excess land shall vest in the State and his barga
cultivation shall stand terminated. If the bargadar owns or cultivates 0.4047 hectare of other
land or above, then in relation to the concerned vested land he does not retain any further right
to cultivate and the whole vest in the State resulting in the termination of the barga cultivation.
He cannot also be permitted to claim any special right of settlement in respect of such vested
land.