Keywords : Bhumidar, Transferable Right, Tenure Holder
Keywords contributed by the users:Land Submitted by faith
Amendments appended: 25 of 2005, 12 of 2006, 3 of 2007
Received the assent of the President on 24.01.1951 and published in the U.P. Gazette, Extra., dated 26.01.1951.
(As passed by the Uttar Pradesh State Legislature)
[As amended upto date]An Act to provide for the abolition of the Zamindari system which involves intermediaries between the tiller of the soil and the State in Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent upon such abolition and acquisition and to make provision for other matters connected therewithWhereas it is expedient to provide for the abolition of the Zamindari system which involves intermediaries between the tiller of the soil and the State in Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to make provision for other matters connected therewith;It is hereby enacted as follows :
Part 1
CHAPTER I
Preliminary1. Short title, extent and commencement. – (1) This Act may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.(2) It extends to the whole of the Uttar Pradesh except the areas which, on the 7th day of July, 1949, were included in a municipality or a notified area under the provisions of the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916) or a Cantonment, under the provisions of the Cantonment Act, 1924 (U.P. Act II of 1924) or a Town Areas under the provisions of the United Provinces Town Areas Act, 1914 (U.P. Act I of 1914)[:][Provided that in relation to areas included in the Rampur Municipality, this sub-section shall have effect as if for the words and figures ‘7th day of July, 1949’ the words and figures ‘3lst day of July, 1949’, were substituted therein :]Provided further that where any area which on July 7, 1949 was included in a Municipality, Notified Area, Cantonment or Town Area, cease to be so included therein at any time after that date and no notification has been made in respect thereof under Section 8 of the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956-
(i) in case it has ceased to be so included at any time before June 29, 1971, this Act shall extend to such area from June 29, 1971; and
(ii) in any other case, this Act shall extend to such area from the date on which the area ceases to be so included.(3) It shall come into force at once except in the areas mentioned in Clauses (a) to (f) of sub-section (1) of Section 2 where it shall, subject to any exception or modification under sub-section (1) of Section 2, come into force on such date as the State Government may by notification in the Gazette appoint and different dates may be appointed for different areas and different provisions of this Act.
[Uttarakhand] Amendment[1. Short title and commencement. – (1) This order may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Act (Uttaranchal Adaptation and Modification) Order, 2001.(2) It shall come into force at once.2. In the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 wherever the expression “Uttar Pradesh” occurs, it shall be read as “Uttaranchal”.3. In the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 wherever the expression ‘Board’, ‘Board of Revenue’ or ‘Member Board of Revenue’ occurs, in its place word “Chief Revenue Commissioner/Additional Revenue Commissioner”, whichever is appropriate shall be deemed to have been substituted.4. The headquarter of the office of Chief Revenue Commissioner/Additional Revenue Commissioner shall be at Dehradun.5. For the purposes of judicial work at the level of Chief Revenue Commissioner/Additional Revenue Commissioner there shall be Circuit Courts at Pauri and Nainital.]2. Modification of the Act, in its application to certain areas. – (1) The State Government may by notification in the Gazette apply the whole or any provision of this Act to any of the following areas or estates subject to such exceptions of modifications, not affecting the substance, as the circumstances of the case may require-
(a) the areas specified in the First Schedule to the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939);
(b) any estates or parts thereof owned by the Central Government, State Government or any Local Authority;
(c) areas held and occupied for a public purpose or a work of public utility and declared as such by the State Government or acquired under the Land Acquisition Act, 1894 (1 of 1894), the United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U.P. Act XXVI of 1948), the United Provinces Acquisition of Property (Food Relief) (Temporary Powers) Act, 1948 (U.P. Act XXXIX of 1948) or any other enactment other than this Act, relating to acquisition of land for a public purpose;
(d) Pargana Kaswar Raja of Benares District;
(e) any area which, on the 30th day of November, 1949, was included in-
(i) Benares State as defined in the Benares State (Administration) Order, 1949;
(ii) Rampur as defined in the Rampur (Administration) Order, 1949;
(iii) Tehri-Garhwal as defined in the Tehri-Garhwal (Administration) Order, 1949.
(iv) [* * *]
(f) Pargana Jaunsar-Bawar of Dehra Dun District and portion of the Mirzapur District South of the Kaimur Range :Provided that, when this Act or its provisions are so extended to such areas or estates, with or without exceptions or modifications, so much of any Act or Regulation in force therein as is inconsistent with this Act or the provisions so extended or with any modification made therein, shall be deemed to have been repealed :[Provided further that a notification under this sub-section in respect of any estate or part thereof owned by the Central Government shall not issue except in consultation with such Government.][(1-A) The power of the State Government under sub-section (1) to make exceptions or modifications in the provisions of this Act may be exercised from time to time.]Substituted by U.P. Act No. 15 of 1978. [(2) Where the declaration made by the State Government under Clause (c) of sub-section (1) is in respect of any area held on the seventh day of July, 1949, for the purposes of a housing scheme by a Co-operative Society registered under the U.P. Co-operative Societies Act, 1965 or a society registered under the Societies Registration Act, 1860 or a limited liability company under the Companies Act, 1956, the State Government may by notification, in public interest, rescind or supersede the declaration in respect of such area as has not actually been utilised in execution of a housing scheme till the date of the notification whether on account of any default on the part of such society or company or for any other reason whatsoever.Explanation. – An area shall, for purposes of this sub-section, be deemed to have not been actually utilised, in execution of a housing scheme if on the date of the notification under this sub-section :-(a) in the case of a building site, constructions have not been made at least up to the stage of completion of foundation; and(b) in any other case, the land is not covered by any road or park.(3) The area of land in respect of which a notification under sub-section (2) is issued may be utilised by the State Government for purposes of housing and urban development in such manner as may be prescribed.][2A. Extension of the Act to new territories. – [(1) Where any area is added to the territory of Uttar Pradesh by the action of any river or otherwise, the State Government may by notification in the Gazette extend this Act to that area.](2) The State Government may, by the same or any subsequent notification, make such modifications in this Act, in its application to that area as it may consider necessary in the circumstances existing in the area :Provided that no such modification shall be made after the expiry of one year from the date of extension of this Act to the area, or remain in force for a period exceeding two years.]3. Definitions. – In this Act, unless there is anything repugnant in the subject or context:
(1) “Beneficiary” means as respects a waqf, trust or endowment the person for whose benefit a waqf, trust or endowment is exercised;
(2) “Central Government” has the meaning assigned to it in Section 3 of the General Clauses Act, 1897 (X of 1897);
(3) “Charitable purpose” includes relief of the poor, education, medical relief or the advancement of any other object of general public utility but does not include a purpose which relates exclusively to religious teaching or worship;
(5) “Compensation Commissioner” means the Compensation Commissioner appointed under Section 319 and includes an Assistant Compensation Commissioner;
(6) “Compensation Officer” means a Compensation Officer appointed under Section 319;
[(6-b) [“Consolidated Gaon Fund”] means the Consolidated Gaon Fund constituted under Section 125-A];
(7) “Decree” has the meaning assigned to it in the Code of Civil Procedure, 1908 (V of 1908);
[(8) “Estate” means and shall be deemed to have always meant the area included under one entry in any of the registers described in Clause (a), (b), (c) or (d) and in so far as it relates to a permanent tenure holder in any register described in Clause (e) of Section 32 of the U.P. Land Revenue Act, 1901, as it stood immediately prior to the coming into force of this Act, or, subject to the restriction mentioned with respect to the register described in Clause (e), in any of the registers maintained under Section 33 of the said Act or in a similar register described in or prepared or maintained under any other Act, Rule, Regulation or Order relating to the preparation or maintenance of record-of-rights in force at any time and includes share in, or of an “estate”.][Provided that in Mirzapur District each of the areas bounded as given in Schedule VII shall, notwithstanding anything contained in the foregoing definition, be deemed to be an estate]Explanation. – The Act, Rule, Regulation or Order referred to in this clause shall include, Act, Rule, Regulation or Order made or promulgated by the erstwhile Indian States’ whose territories were merged or absorbed in the State of Uttar Pradesh prior to the date of vesting notified under Section 4 of this Act;]
(8-a) [***]
(10) [* * *]
(10-a) [***]
(11) [***]
(12) “Intermediary” with reference to any estate means a proprietor, under proprietor, sub-proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof;
(13) “Intermediary’s grove” means grove land held or occupied by an intermediary as such;
(14) “Land” [except in Sections 109, 143 and 144 and Chapter VII] means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming;
(14-a) [***]
(15) “lease” in relation to mines and minerals shall include a sub-lease, a prospecting lease and an agreement to lease or sublet, and “lessee” shall be construed accordingly;
(16) “legal representative” has the meaning assigned to it in the Code of Civil Procedure, 1908 (V of 1908);
(17) “mine” means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, but does not include any works, machinery, tramways, or sidings appertaining to mines, and a mine shall be deemed to be in operation if a notice of the commencement of its operation has been given under Section 14 of the Indian Mines Act, 1923, to the District Magistrate of the district in which such mine is situate and the discontinuance of the operation thereof has not been notified to the Competent Authority;
(18) “prescribed” means prescribed by rules made under this Act;
(19) “previous agricultural year” means the agricultural year immediately preceding that in which the date of vesting falls;
(20) “property” in Chapter V, means property other than estates;
(21) “proprietor” means as respects an estate a person owning, whether in trust or for his own benefit, the estate and includes the heirs and successor-in-interest of a proprietor;
(22) “State Government” means the Government of Uttar Pradesh;
(23) “religious purpose” includes a purpose connected with religious worship, teaching or service or with the performance of religious rites;
(24) “Rehabilitation Grants Officer” means a Rehabilitation Grants Officer appointed under Section 319;
(25) “village” means any local area whether compact or otherwise recorded as a village in the revenue records of the District concerned and includes an area which the State Government may, by a general or special order [published in the manner prescribed] declare to be a village;
(26) words and expression [land-holder], permanent tenure-holder, thekedar, permanent lessee in Avadh, grove-holder, rent, cess, sayar, sir, [tenant] hereditary tenant, khudkasht, fixed-rate tenant, rent-free grantee, exproprietory tenant, occupancy tenant, non-occupancy tenant, sub-tenant holding and crops, not defined in this Act, and used in the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939), shall have the meaning assigned to them in that Act;
(27) words and expressions, under-proprietor, sub-proprietor, revenue, mahal, [* * *], Assistant Collector, Assistant Collector in charge of sub-division, Commissioner, Board, Tahsildar and miner, not defined in this Act and used in the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), shall have the meaning assigned to them in that Act;
[(28) any reference in Part I to “land in personal cultivation” shall mean land in the personal cultivation of permanent lessee in Avadh as such [;]
(29) any reference in Part I to “record of rights” shall include references as may be necessary to “annual registers’ prepared under Section 33 of the U.& Land Revenue Act, 1901 (U.P. Act III of 1901); and]
CHAPTER II
Acquisition of the Interests of Intermediaries and its Consequences4. Vesting of estates in the State. – (1) As soon as may be after the commencement of this Act, the State Government may, by notification, declare that, as from a [date] to be specified, all estates situate in Uttar Pradesh shall vest in the State and as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the State free from all encumbrances.(2) It shall be lawful for the State Government, if it so considers necessary, to issue, from time ta time, the notification referred to in sub-section (1) in respect only of such area or areas as may be specified and all the provisions of subsection (1) shall be applicable to and in the case of every such notification.5. Notification to be published in the Gazette. – The notification referred to in Section 4 shall be published in the Gazette and such publication shall be conclusive proof of the due publication thereof6. Consequences of the vesting of an estate in the State. – When the notification under Section 4 has been published in the Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, from the beginning of the date of vesting, ensure in the area to which the notification relates, namely :
(a) all rights, title and interest of all the intermediaries-
(i) in every estate in such area including land (cultivable or barren), grove-land, forests whether within or outside village boundaries trees (other than trees in village abadi, holding or grove), fisheries, [* * *], tanks, ponds, water-channels, ferries, pathways, abadi sites, hats, bazars and melas (other than hats, bazars and melas held upon land to which Clauses (a) to (c) of sub-section (1) of Section 18 apply; and
(ii) in all sub-soil in such estates including rights, if any, in mines and minerals, whether being worked or not;shall cease and be vested in the State of Uttar Pradesh free from all encumbrances;
(b) all grants and confirmations of title of or to land in any estate so acquired, or of or to any right or privilege in respect of such land or its land revenue shall, whether liable to resumption or not, determine;
(c) (i) all rents, cesses, local rates and sayar in respect of any estate or holding therein for any period after the date of vesting and which, but for the acquisition would be payable to an intermediary, shall vest in and be payable to the State Government and not to the intermediary and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same;
(ii) where under an agreement or contract made before the date of vesting any rent, cess, local rate or sayar for any period after the said date has been paid to or compounded or released by an intermediary the same shall, notwithstanding the agreement or the contract, be re-coverable by the State Government from the intermediary and may without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such intermediary under Chapter III;
(d) all arrears of revenue, cesses or other dues in respect of any estate so acquired and due from the intermediary [or an arrear on account of tax on agricultural income assessed under the U.P. Agricultural Income Tax Act, 1948] (U.P. Act III of 1949) for any period prior to the date of vesting shall continue to be recoverable from such intermediary and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such intermediary under Chapter III;
(e) all amounts ordered to be paid by an intermediary to the State Government under Sections 27 and 28 of the U.P. Encumbered Estates Act, 1934 (U.P. Act XXV of 1934) and all amounts due from him under the Land Improvement Loans Act, 1883 (U.P. Act XIX of 1883), or the Agricultural Loans, Act, 1884 (U.P. Act XIX of 1884), shall notwithstanding any thing contained in the said enactments, become due forthwith and may, without prejudice to any other mode of recovery provided therefor, be realized by deducting the amount from the compensation money payable to such intermediary under Chapter III;
(f) the interest of the intermediary so acquired in any estate shall not be liable to attachment or sale in execution of any decree or other process of any Court, Civil or Revenue and any attachment existing at the date of vesting or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882 (IV of 1882), cease to be in force;
(g)(i) every mortgage with possession existing on any estate or part of an estate on the date immediately preceding the date of vesting shall, to the extent of the amount secured on such estate or part, be deemed, without prejudice to the rights of the State Government under Section 4, to have been substituted by a simple mortgage;
(ii) notwithstanding anything contained in the mortgage deed or any other agreement, the amount declared due on a simple mortgage substituted under sub-clause (i) shall carry such rate of interest and from such date as may be prescribed;
(h) no claim or liability enforceable or incurred before the date of vesting by or against such intermediary for any money, which is charged on or is secured by mortgage of such estate or part thereof shall, except as provided in Section 73 of the Transfer of Property Act, 1882 (IV of 1882), be enforceable against his interest in the estate;
(i) all suits and proceedings of the nature to be prescribed pending in any Court at the date of vesting and all proceedings upon any decree or order passed in any such suit or proceeding previous to the date of vesting shall be stayed;
(j) all mahals and their sub-divisions existing on the date immediately preceding the date of vesting and all engagements for the payment of land revenue or rent by a proprietor, under-proprietor, sub-proprietor, co-sharer or lambardar as such shall determine and cease to be in force.7. Saving in respect of certain rights. – Nothing contained in this chapter shall in any way affect the right of any person-
(a) to continue to work any mines comprised in any estate hereinbefore acquired which shall be governed by the law for the time being in force;
(b) to recover any arrears of rent, cesses, sayar or other dues which accrued before the date of vesting and the same shall, notwithstanding anything contained in this Act, be recoverable as hereto before by the person entitled thereto :Provided that no decree for an arrear of rent or order for ejectment in default of an arrear of rent shall be executed by ejectment of the judgment debtor from his holding :Provided further that rent, ceases, local rates, sayar or other dues as aforesaid which are payable by an intermediary, whose interest in the state in respect of which the arrear is due has been acquired under the provisions of this Act, may in addition to any other remedy open to the person entitled, be realized from or paid out of the compensation money payable to such intermediary.8. Contract entered into after August 8, 1946, to become void from the date of vesting. – Any contract for grazing or gathering of produce from land or the collection of forest produce or fish from any forest or fisheries entered into after the eighth day of August, 1946, between an intermediary and any other person in respect of any private forest, fisheries or land lying in such estate shall become void with effect from the date of vesting.9. Private wells, trees in abadi and buildings to be settled with the existing owners or occupiers thereof. – [All wells], trees in abadi and all buildings situate within the limits of an estate belonging to or held by an intermediary or tenant or other person whether residing in the village or not, shall continue to belong to or be held by such intermediary tenant or person, as the case may be, and the site of the wells or the buildings within the area appurtenant thereto shall be deemed to be settled with him by the State Government on such terms and conditions as may be prescribed.10. Tenants of sir. – (1) Every tenant of land recorded as sir of an intermediary who on the date immediately preceding the date of vesting is assessed in Uttar Pradesh to a land revenue of more than Rs. 250 annually or where no land revenue is assessed, is assessed to a larger amount of local rate than would be payable on a land revenue of Rs. 250 annually or in the case of an under proprietor, sub-proprietor or permanent tenure-holder the rent payable by him is more than Rs. 250 annually shall be deemed to be a hereditary tenant thereof at the rate of the rent payable by him on the said date; and such land shall not for the purpose of Section 18 be deemed to be sir.[(1-A) Where the land is a joint sir of two or more intermediaries some of whom only belong to the class mentioned in sub-section (1) the tenant shall be deemed to be hereditary tenant in respect of such part of the land as is proportionate to the share of the intermediaries mentioned in sub-section (1) in such land].(2) Nothing in [sub-section (1) and (1-A)] shall apply to a tenant of sir if his land-holder was-
(i) a woman;
(ii) a minor;
(iii) a lunatic;
(iv) an idiot;
(v) a person incapable of cultivation by reason of blindness or physical infirmity; or
(vi) a person in military, naval or air force of Indian Union,11. Sir or khudkasht allotted in lieu of maintenance allowance. – Notwithstanding anything contained in Section 10, where sir or khudkasht has been allotted by the sir or khudkasht-holder thereof to a person in lieu of maintenance allowance, such person shall be deemed to be the asami hereof entitled to hold the land for so long as the right of maintenance allowance subsists.12. Thekedars to be hereditary tenants in certain circumstances. – (1) Where any land was in the personal cultivation of a person on the 1st day of May, 1950, as thekedar thereof and the theka was made with a view to the cultivation of the land by such thekedar personally, then notwithstanding anything in any law, document or order of Court, he shall be deemed to be a hereditary tenant thereof entitled to hold and when he has been ejected from the land after the said date, to regain possession as a hereditary tenant thereof liable to pay rent at hereditary rates.(2) The fact that the land comprised in the theka has been in the personal cultivation of the thekedar since the commencement of the theka shall, notwithstanding anything contained in Section 91 and 92 of the Indian Evidence Act, 1872 (I of 1872), be receivable in evidence for showing that the theka was of the nature referred to in sub-section (1).13. Estate in possession of a thekedar. – (1) Subject to the provisions of Section 12 and sub-section (2) of this section a thekedar of an estate or share therein shall, with effect from the date of vesting, cease to have any right to hold or possess as such any land in such estate.(2) Where any such land was in the personal cultivation of the thekedar on the date immediately preceding the date of vesting, the same shall –
(a) if it was sir or khudkasht of the lessor on the date of the grant of the theka, be deemed for purposes of Section 18, to be the sir or khudkasht of the lessor on the date immediately preceding the date of vesting and the thekedar shall, with effect from the date of vesting, become the asami thereof liable to pay rent at hereditary rates applicable on the date immediately preceding the date of vesting and entitled to hold the land as such for the unexpired period of the theka or for a period of five years from the date of vesting whichever is less;
(b) if it was not sir or khudkasht of the lessor on the date of the grant of the theka and –
(i) its area does not exceed thirty acres, be deemed for purposes of Section 19 to have been held by the thekedar as a hereditary tenant liable to pay rent which shall be equal to the rent calculated at hereditary rates applicable on the date immediately preceding the date of vesting; and
(ii) its area exceeds thirty acres, be deemed to the extent of thirty acres for purposes of Section 19 to have been held as a hereditary tenant as aforesaid and the remainder shall be deemed to be vacant land and the thekedar shall be liable to ejectment therefrom in accordance with the provisions of Section 209.(3) Notwithstanding any restriction contained in Clauses (a) and (b) of subsection (2), the Collector may, on the application of the thekedar and after such enquiry as may be prescribed, and if he is satisfied that it is in the interest of efficient and successful working of an existing agricultural farm, permit the thekedar to retain land –
(a) if it is land falling under Clause (a) of sub-section (2), for a longer period than five years; and
(b) if it is land falling under Clause (b) of the said sub-section, in excess of thirty acres :Provided that the thekedar shall not be entitled to retain the land so allowed beyond the term of the theka, and he shall, in the case of any area in excess of thirty acres allowed to him under Clause (b), be an asami thereof on behalf of the Gaon Sabha and liable to pay rent at hereditary rate applicable on the date immediately preceding the date of vesting.(4) To every application under sub-section (3) the lessor and the Gaon Sabha concerned shall be made parties.14. Estate in possession of a mortgagee with possession. – (1) Subject to the provisions of sub-section (2), a mortgagee in possession of an estate or share therein shall, with effect from the date of vesting, cease to have any right to hold or possess as such any land in such estate.(2) Where any such land was in the personal cultivation of the mortgagee on the date immediately proceeding the date of vesting-
(a) if it was sir or khudkasht of the mortgagor on the date of the mortgage, the same shall, for purposes of Section 18 be deemed to be the sir or khudkasht of the mortgagor or his legal representative;
(b) if it was not sir or khudkasht of the mortgagor on the date of the mortgage, the mortgagee shall, subject to his paying to the State Government within six months from the date of vesting an amount equal to five times the rent calculated at hereditary rates applicable on the date immediately preceding the date of vesting, be deemed, for purposes of Section 19 to have held such land on the date aforesaid as a hereditary tenant thereof at the said rate of rent:Provided that if the mortgagee fails to pay the amount aforesaid within the time allowed, he shall thereupon lose all rights in such land which shall be deemed to be vacant land and he shall be liable to ejectment on the suit of the Gaon Sabha [or the Collector] under Section 209 as if he were a person in possession thereof otherwise than in accordance with the provisions of this Act.Explanation [I]. – For the purposes of this section a mortgagee in possession includes a thekedar of his rights as mortgagee in the land.[Explanation II. – Where any land has been mortgaged with possession and the mortgagor makes a second or subsequent mortgage of such land in favour of the same or different person, the expression “on the date of the mortgage” shall mean the date of the mortgage in pursuance of which the mortgagor first transferred possession to mortgagee.]15. Demarcation of sir, khudkasht, etc. in joint estates. – (1) Where, on the date immediately preceding the date of vesting, an intermediary other than a thekedar held land in his personal cultivation or as sir, khudkasht or intermediary’s grove [other than land in which hereditary rights accrue under Section 10 or 16 and land held on Patta Dawami for Istamrari] in any estate or estates belonging to him jointly with others, in excess of his proportionate share in the estate or estates concerned, the Prescribed Authority shall, as soon as may be, proceed to demarcate the land proportionate to the share of such intermediary.(2)(a) The land so demarcated shall alone, for purposes of Section 18, be deemed to be his sir, khudkasht or intermediary’s grove; and
(b) The land held in excess of his share shall, for purposes of Section 19, be deemed to have been held by him as an ex-proprietary tenant thereof liable to pay rent at ex-proprietary rates applicable on the date immediately preceding the date of vesting.16. Occupant of land in which no superior rights exist to be a hereditary tenant. – Every person who was recorded as occupant of any land-
(i) in a record revised under Chapter IV of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), or corrected by an officer specially appointed by the State Government for the correction of annual registers in any tract and who. on the date immediately preceding the date of vesting, was in possession of the land or was entitled to regain possession thereof under Clause (c) of sub-section (1) of Section 27 of the United Provinces Tenancy (Amendment) Act, 1947 (U.P. Act X of 1947); or
(ii) in the record of rights prepared under Clause (e) of Section 32 of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901) for the year 1356 fasli and who, on the date aforesaid, was in possession of the land,shall be deemed to be a hereditary tenant of the land liable to pay rent on the said date at rates applicable to such tenants.Explanation. – For the purposes of this section the term “land” does not include-
(i) land recorded as sir and land recorded as khudkasht but which had, under the provisions of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939), acquired the character of sir, of-
(a) an intermediary paying Rs. 250 or less annually as land revenue or, where no land revenue is assessed in whole or part, is assessed to a local rate which would be payable on a land revenue not exceeding Rs. 250 annually, [or and under proprietor, sub-proprietor or permanent tenure-holder payable Rs. 250 or less annually as rent]; or
(ii) land recorded as grove land; or
(iii) land included in the holding of-
(a) a person referred to in Clauses (i) to (vi) of Section 19;
(b) a fixed-rate tenant; or
(c) a rent-free grantee; or
(d) a tenant on Patta Dawami or Istamrari referred to in Section 17.17. Sir land held by tenant on Patta Dawami or Istamrari. – Any land which was sir of an intermediary on the date immediately preceding the date of vesting but was held on the said date by a tenant on Patta Dawami or Istamrari shall not, for the purpose of Section 18 [* * *] be deemed to be the sir of such intermediary.18. Settlement of certain lands with intermediaries or cultivators as Bhumidhar. – (1) Subject to the provisions of Sections 10, 15, 16 and 17, all lands-
(a) in possession of or held or deemed to be held by an intermediary as sir, khudkasht or an intermediary’s grove;
(b) held as a grove by or in the personal cultivation of a permanent lessee in Avadh;
(c) held by a fixed-rate tenant or rent-free grantee as such; or
(d) held as such by-
| (i) an occupancy tenant; | | | possessing the right to transfer the holding by sale, |
| (ii) a hereditary tenant; | ||
| (iii) a tenant on Patta | ||
| Dawami or Istamrari referred to in Section 17; |
(2) Every person belonging the class mentioned in [Section 3 or sub-section (2) of Section 3-A] of the United Provinces Agricultural Tenants (Acquisition of Privileges) Act. 1949 (U.P. Act X of 1949), who has been granted the declaration referred to in Section 6 of the said Act, in respect of any holding or share thereof shall, unless the declaration is subsequently set aside, be deemed to be the bhumidhar of the holding or the share in respect of which the declaration has been made and continues in force.(3) Notwithstanding anything contained in the United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949 (U.P. Act X of 1949), any declaration granted under Section 6 of the said Act, in favour of a tenant whom subsection (2) of Section 10 applies, shall be and is hereby cancelled and the amount deposited by him under Section 3 or 6 of the said Act, shall, after deducting the amount which might have been paid or be payable by the State Government to his land-holder under Section 7 and 8 of the said Act, be refunded to the person entitled in such manner as may be prescribed.19. Land in the holdings to be settled with the tenants thereof as sirdar. – All land held or deemed to have been held on the date immediately preceding the date of vesting by any person as-
(i) a tenant holding on special terms in Avadh;
(ii) an ex-proprietary tenant;
(iii) an occupancy tenant;
(iv) a hereditary tenant;
(v) a grantee at favourable rate of rent;
(vi) a non-occupancy tenant of tea estates notified as such in a notification issued under sub-section (5) of Section 30 of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939);
(vii) a sub-tenant referred to in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939, [and];
(viii) [* * *]
(ix) all land referred to in Section 17 held on the said date by any person on Patta Dawami or Istamrari,shall save in cases provided for in Clause (d) of sub-section (1) of Section 18, be deemed to be settled by the State Government with such person, who shall sub-[20. A tenant of Sir, sub-tenant or an occupant to be an adhivasi. – [Every person who-
(i) except as provided in [sub-clause (i) of Clause (b)], a tenant of sir other than a tenant referred to in Clause (ix) of Section 19 or in whose favour hereditary rights accrue in accordance with the provisions of Section 10; or
(ii) except as provided in [sub-clause (i) of Clause (b)], a sub-tenant other than a sub-tenant referred to in proviso to sub-section (3) of Section 27 of the United Provinces Tenancy (Amendment) Act, 1947 (U.P. Act X of 1947), or in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939) of any land other than grove land,
(b) was recorded as occupant,-
(i) of any land [other than grove land or land to which Section 16 applies or land referred to in the proviso to sub-section (3) of Section 27 of the U.P. Tenancy (Amendment) Act, 1947] in the khasra or khatauni of 1356-F prepared under Section 28 [33] respectively of the U.P. Land Revenue Act, 1901 (U.P. Act III of 1901), or who was on the date immediately preceding the date of vesting entitled to regain possession thereof under Clause (c) of sub-section (1) of Section 27 of the United Provinces Tenancy (Amendment) Act, 1947 (U.P. Act X of 1947); or
(ii) of any land to which Section 16 applies, in the [khasra or khatauni of 1356 fasli prepared under Sections 28 and 33 respectively of] the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), but who was not in possession in the year 1356-F;shall, unless he has become a bhumidhar of the land under sub-section (2) of Section 18 or an asami under Clause (h) of Section 21, be called adhivasi of the land and shall, subject to the provisions of this Act, be entitled to take or retain possession thereof.Explanation I. – Where a person referred to in Clause (b) was evicted from the land after June 30, 1948, he shall notwithstanding anything in any order, be deemed to be a person entitled to regain possession of the land.Explanation II. – Where any entry in the records referred to in Clause (b) has been corrected before the date of vesting under or in accordance with the provisions of the U.P. Land Revenue Act, 1901 (U P. Act III of 1901), the entry so corrected shall for the purposes of the said clause, prevail].[Explanation III. – For the purposes of Explanation II an entry shall be deemed to have been corrected before the date of vesting if an order or decree of a competent Court requiring any correction in records had been made before the said date and had become final even though the correction may not have been incorporated in the record.Explanation IV. – For purposes of this section ‘occupant’ as respects any land does not include a person who was entitled as an intermediary to the land or any share therein in the Year 1356 fasli.]21. Non-occupancy tenants, sub-tenants of grove-lands and tenant’s mortgagees to be asamis. – [(1)] Notwithstanding anything contained in this Act, every person who, on the date immediately preceding the date of vesting, occupied or held land as-
(a) a non-occupancy tenant of an intermediary’s grove-land;
(b) a sub-tenant of a grove-land;
(c) a sub-tenant referred to in the proviso to sub-section (3) of Section 27 of the United Provinces Tenancy (Amendment) Act, 1947 (U.P. Act X of 1947);
(d) [a mortgagee in actual possession] from a person belonging, to any of the classes mentioned in [Clauses (b) to (e) of sub-section (1) of Section 18 or Clauses [(i) to (vii) and (ix)] of Section 19;
(e) a non-occupancy tenant of pasture land or of land covered by water and used for the purpose of growing singhara or other produce or of land in the bed of a river and used for casual or occasional cultivation;
(f) a non-occupancy tenant of land declared by the State Government by notification in the Gazette, to be intended or set apart for taungya plantation; or
(g) a tenant of land, which the State Government has, by a notification in the Gazette declared to be part of tract of shifting or unstable cultivation;
(a) if the land was let out or occupied prior to the ninth day of April, 1946, both on the date of letting or occupation, as the case may be and on the ninth day of April, 1946; and
(b) if the land was let out or occupied [on or] after the ninth day of April, 1946, on the day of letting or occupation, to any one or more of the classes mentioned in sub-section (1) of Section 157;]
[(i) a lessee holding under a lease from a Court under sub-section (1) of Section 252 of the U.P. Tenancy Act, 1939],shall be deemed to be an asami thereof.Explanation. – The expression “taungya plantation” means the system of afforestation in which the plantation of trees is, in the earlier stages, done simultaneously with the cultivation of agricultural crops which ceases when the trees so planted begin to form a canopy rendering the cultivation of agricultural crops impossible.[(2) Occupants of grove land. – Every person, who, on the date immediately preceding the date of vesting was a person recorded, in the manner stated in Clause (b) of Section 20, as occupant of any grove land, shall be called an asami of the land and shall, subject to the provisions of this Act, be entitled to take or retain possession thereof][as an asami from year to year.]22. Variation in rent on or alter July 1, 1948 not to be recognized. – Notwithstanding any contract made, or anything done or permitted to be done, on or after the first day of July, 1948, by or on behalf of an intermediary or a tenant, in respect of any land forming part of an estate acquired under this Act, the rent payable therefor by the tenant on the date immediately preceding the date of vesting shall be deemed to be an amount equal to the rent payable by the tenant or his predecessor-in-title on the date aforesaid and any reduction or remission made therein after the said date, otherwise than in pursuance of a decree or order of a Court, shall not be taken in account:Provided that where the rent reduced in pursuance of any decree or order aforesaid is less than the amount computed at appropriate circle rate the rent payable shall be an amount so computed.23. Transfer by way of sale or gift not to be recognized. – (1) Notwithstanding anything contained in any law, no transfer, by way of sale or gift, of any estate or part thereof-
(a) made on or after the first day of July, 1948, shall be recognized for the purpose of assessing the amount of rehabilitation grant payable to the intermediary,
(b) [* * *][(2) Nothing in sub-section (1) shall apply to-(a) any sale made under order of a Court in execution of any decree or order for payment of money; or(b) any sale or gift made in favour of a waqf, trust, endowment or society established wholly for charitable purposes, unless the State Government in any particular case directs otherwise.Explanation. – For the purposes of sub-section (2), “society” means a society registered under the Societies Registration Act, 1860 (Act XXI of 1860)].24. Contract or agreement to defeat provisions of this Act to be void. – Any contract or agreement made between an intermediary and any person on or after the first day of July, 1948, which has the effect, directly or indirectly-
(a) of relieving, whether in whole or part, a bhumidhar or sirdar from the liability for the land revenue, to be paid by him for any land comprised in his holding; or
(b) of entitling an intermediary to receive, on account of rehabilitation grant an amount higher than what he would, but for the contract or agreement, be entitled to under this Act-shall be and is hereby declared null and void.25. Collector to take over estates. – Upon the publication of the notification under Section 4, it shall be lawful for the Collector or any officer appointed by him in this behalf-
(a) to take charge of any estate or part of an estate and of all interests vested in the STate under the provisions of this Chapter and to take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of the Collector or the Officer so appointed, be necessary for this purpose;
(b) to enter upon any land, building or other place forming part of any estate acquired under the provisions of this Chapter and make a survey or take measurement thereof or do any other act which he considers necessary for carrying out the purposes of this Act;
(c) to require any person to produce to such authority as may be specified any books, accounts, or other documents relating to any estate or part thereof and to furnish to such authority such other information as may be specified or demanded; and
(d) if the books, accounts and other documents are not produced as required, to enter upon any land, building or other place and seize and take possession of such books, accounts and other documents.26. Power to make rules. – (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the proceedings prior to the vesting of estates under Section 4;
(b) the disposal of suits and proceedings stayed under this Chapter;
(c) the method of calculating rents, cesses, local rates and sayar mentioned in Clause (c) of Section 6;
(d) the matters, relating to the taking over of estates under Section 25; and
(e) the matters which are to be and may be prescribed.
Evacuee Property26A. Definitions. – In this Chapter and Schedule V, unless there is anything repugnant in the subject or context, the words and expressions “Custodian”, “Evacuee” and “Evacuee Property” shall have the meaning assigned to them in the Administration of Evacuee Property Act, 1950.26B. Application of the Act to evacuee property. – The provisions of this Act. in their application to evacuee property shall have effect subject to the modifications set out in Schedule 4.
CHAPTER III
Assessment of Compensation27. Intermediary entitled to receive compensation for acquisition of his estate. – Every intermediary whose rights, title or interest in any estate are acquired under the provisions of this Act, shall be entitled to receive and be paid compensation as hereinafter provided.28. Date from which compensation shall be due. – (1) Compensation for acquisition of estates under this Act, shall be due as from the date of vesting subject to determination of the amount thereof.(2) There shall be paid by the State Government on the amount so determined interest at the rate of two and a half per centum per annum from the date of vesting to the date of-
(i) in the case of the amount to be paid in cash, determination;
(ii) in the case of the amount to be given in bonds, the redemption of the bonds.29. Interim compensation. – (1) The State Government may direct payment of interim compensation to such extent and in such manner as may be prescribed:Provided that if the compensation payable to an intermediary is not determined in accordance with the provisions of this Act, before the expiry of nine months from the date of vesting, the State Government shall, on the application of the intermediary concerned, direct the payment of such interim compensation.(2) Where the right anil title in any estate or part thereof is claimed by any person, the interim compensation in respect of such estate or part shall be paid to the person in actual possession of the estate and whose name is entered in the khewat as proprietor subject to such orders as are passed by the Compensation Officer with regard to security for the refund of such compensation or part thereof to which the objector may ultimately be entitled.30. Adjustment of interim compensation. – The interim compensation paid under Section 29 shall be deemed to be part of the compensation payable under this Act and shall be deducted from and adjusted against it:[Provided that in the case of waqf, trust or endowment referred to in Clause (a) or sub-clause (i) of Clause (c) of Section 99, the interim compensation shall be deducted from and adjusted against the annuity payable under the said section.]31. Proceedings relating to assessment and payment of compensation. – All proceedings relating to assessment of compensation for any estate acquired under Section 4 and the payment thereof to the intermediary entitled thereto shall be had before the Compensation Officer within whose jurisdiction the estate acquired is situate.32. Presumption regarding entries in the record of rights. – Subject to the provisions of Sections 23 and 33, every entry in the record of rights prepared or revised under the provisions of the United Provinces Land Revenue, Act, 1901 (U.P. Act III of 1901), for the previous agricultural year shall, for purposes of assessment and payment of compensation under this Act, be deemed to describe correctly; except as provided in Section 46, the rights, title and interest of every intermediary in the estate or part to which it relates:Provided that any modifications, alteration or correction made in the record of rights, whether before or after the date of vesting, under the provisions of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901) or as a consequence of any decree or order of any Court, shall be taken into account by the Compensation Officer.33. Correction of clerical error or arithmetical mistake in the record of rights. – Notwithstanding anything contained in the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901) or any other law for the time being in force, if the Compensation Officer is satisfied that a clerical or arithmetical mistake or error apparent on the face of the record exists, in the record of rights for the previous agricultural year, he may, cither on his own motion or on the application of any person interested, correct the same.34. Right to establish claim in the Civil Court. – Nothing in Sections 32, 33 and 49, shall affect the right of any person to establish his claim in respect of any estate or part thereof by due process of law in the Court having jurisdiction.35. Pending suit or proceeding regarding entries in the record of rights. – Where any suit or proceeding is pending on the date of vesting, or is instituted on or after the said date before any civil or revenue Court in which the correctness of any entry in the record of rights mentioned in Section 32 is challenged. or is directly or indirectly in dispute, any party to a suit or proceeding may file a certified copy of the plaint or the objection before the Compensation Officer, but he shall not, on that account alone, be deemed to have become a party to the proceeding before the Compensation Officer.36. Plaint or objection to form part of the record of compensation proceedings. – The copy of the plaint or objection filed under Section 35 shall form part of the record of the proceedings pending before the Compensation Officer and he shall cause the fact of the dispute with such particulars as may be prescribed to be entered in the Compensation Assessment Roll prepared under Section 40.37. Every intermediary to be treated as a separate unit. – For the purposes of assessment of compensation and rehabilitation grant under this Act, every intermediary shall be treated as a separate unit:Provided that, in the case of a Joint Hindu Family-
(a) a father with his male lineal descendants in the male line of descent shall, as respects joint family property, be deemed to be one unit where the father was alive on the date of vesting;
(b) all the members thereof shall, except as provided in Clause (a), be treated as separate units.Explanation. – Notwithstanding any partition made on or after the eighth day of the August, 1946, a family shall be deemed to be joint.38. Statement of gross assets of a mahal. – The Compensation Officer shall, before proceeding to prepare the Compensation Assessment Roll of any intermediary as respects any mahal prepare a statement of gross assets-
(a) where a mahal is comprised of area situate in not more than one village, of the mahal and
(b) where the mahal is comprised of area situate in more than one village, separately of the portion in each village.39. Cross assets of a mahal. – (1) Gross assets as respects a mahal shall be the aggregate gross income of the land or estate comprised in the mahal and such income shall comprise-
(a) rents including cesses and local rates payable by or on behalf of the tenants, under proprietors, sub-proprietors, permanent tenure-holders, permanent lessees in Avadh, grantees at a favourable rate of rent or grove holders-
(i) in cash; and
(ii) where rent is payable in kind or partly in cash or partly in kind, the rent computed in accordance with the provisions of the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939), and [where the said Act does not provide for such computation in the manner prescribed];
(iii) where rent is payable, but has not been determined, rent determined at ex-proprietary rates in the case of under-proprietors and ex-proprietary tenants and at hereditary rates in all other cases except grove holders.Explanation. – In this clause the word “tenants’ includes persons deemed to be hereditary tenants under Sections [* * *] 12, 13, 14 and 16 but does not include any other tenant of sir;
(b) the amount computed at the rates applicable to ex-proprietary tenants of similar land for land in the personal cultivation of or held as intermediary’s grove, khudkasht or sir by all the intermediaries in the estate in which hereditary rights do not accrue, and in the case of the sir-
(i) in which hereditary rights accrue at hereditary rates; and
(ii) referred to in Section 17, the rent payable by the tenant therefor,
(c) sayar, including income from hats, bazars, melas vested in the State under Clause (a) of Section 6 and fisheries which shall be an amount equal to one-tenth of the total income therefrom during the ten agricultural years immediately preceding the date of vesting;Explanation [I]. – “Total income” from sayar under this sub-clause shall be calculated on the basis for entries in khatauni which shall be deemed to be correct unless proved to the contrary by entries in any public document.[Explanation II. – For purposes of this section “sayar” as respects an intermediary grove shall not include income from the sale of wood, flowers or fruits];
(d) average annual income during the four agricultural years immediately preceding the date of vesting from rents of building sites vested in the State;
(e) average annual income from forests, which shall be computed-
(i) on the basis of the income for a period of twenty to forty agricultural years immediately preceding the dale of vesting as the Compensation Officer may consider reasonable; and
(ii) on the appraisement of the annual yield of the forest on the date of vesting.
(f) where royalties are payable on account of mines and minerals the average income on account of royalties calculated on the basis of the annual returns filed by the intermediary for the assessment of cess or income-tax during the period of twelve agricultural years preceding the agricultural year in which the date of vesting falls or any shorter period for which such returns have been filed;
(g) where royalties are not payable and mines are worked directly by an intermediary, the average annual income from such mines calculated on the same basis as specified in Clause (f).(2) Where the mahal is comprised of area situate in more than one village, the provisions of sub-section (1) shall apply as if the portions situate in each village were a separate mahal.40. Draft Compensation Assessment Roll. – With a view to the assessment and payment of compensation under this Act, the Compensation Officer shall, in the manner prescribed, prepare a Draft Compensation Assessment Roll of every intermediary in respect of his interest in one or more mahals as he may deem convenient, showing-
(a) his gross assets and net assets calculated in accordance with the provisions of Sections 42 to 45 as may be applicable;
(b) the arrears of land revenue, cess and other dues referred to in Clause (d) of Section 6 payable by him to the State Government in respect of his share or interests in the mahal aforesaid;
(c) land revenue payable by the intermediary in the previous agricultural year in respect of his share or interests in the mahals aforesaid;
(d) the amounts and loans referred to in Clause (e) of Section 6; and
(e) such other particulars as may be prescribed.Explanation I. – In the case of estates which are not assessed to land revenue on the dale immediately preceding the date of vesting, the land revenue shall be deemed to be an amount computed on the basis of local rates or where there are no local rates, on such principles as may be prescribed.Explanation II. – For the purposes of this section an estate shall not merely by reason of the fact that it is assessed to nominal land revenue, be deemed to be not assessed to land revenue.41. Statement and the Compensation Assessment Roll to be signed by the Compensation Officer. – The statement prepared under Section 38 and the Draft Compensation Assessment Roll prepared under Section 40 shall be signed by the Compensation Officer and shall be receivable as evidence of the facts stated therein.42. Gross assets of an intermediary. – For purposes of Section 40, the gross assets of an intermediary, as respects his interests in a mahal shall be the aggregate of-
(a) the whole of the gross assets entered in the statement under Section 38 in respect of any mahal or part or parts thereof to which he may be entitled exclusively; and
(b) a share (proportionate to his share in the part or parts of the mahal) of the gross assets entered in the statement under Section 38 in respect of the part or parts to which he may be entitled jointly with others.43. Gross assets of the estate held by a thekedar. – Where the interest or share of an intermediary in any estate or part thereof was, on the date immediately preceding the date of vesting, held by a thekedar, the gross assets of the thekedar calculated on the principles contained in Section 39, shall notwithstanding, that the same may otherwise not be payable to the intermediary, be deemed to be the gross assets of the intermediary in respect of the estate or part, as the case may be.Explanation. – In case of land (other than land which was sir or khudkasht of the lessor on the date of the commencement of the theka) under the personal cultivation of the thekedar the gross assets shall be deemed to be an amount determined at hereditary rates as may be applicable.44. Net assets of an intermediary. – For purposes of Section 40, the net assets of an intermediary’ in respect of a mahal shall be computed by deducting from his gross assets the following, namely-
(a) any sum which was payable by him in the previous agricultural year to the State Government or superior land-holder on account of land revenue or rent and cesses or local rates in respect of his share or interest in the mahal,
(b) an amount on account of agricultural income-tax, if any, paid or to be paid for the previous agricultural year by the intermediary in respect of his share or interest in the mahal calculated in the manner prescribed;
(c) cost of management and irrecoverable arrears of rent equal of fifteen per centum of the gross assets;
(d) where the intermediary holds any land in his personal cultivation or as khudkasht, intermediary’s grove or sir (other than sir in which hereditary rights accrue), an amount computed at ex-proprietary rates, less the deductions (i) to (iii) hereinafter mentioned, for such portions only of the land in his personal cultivation or held as khudkasht, grove-land or sir as is mentioned in Section 18;
(i) the agricultural income tax, if any, payable therefor, in the previous agricultural year in respect of the land to be ascertained in the prescribed manner;
(ii) the land revenue, cesses and local rates payable therefor in the previous agricultural year to be ascertained in the prescribed manner; and
(iii) fifteen percentum of such amount on account of matters referred to in Clause (c);
(e) the average of the income-tax paid in respect of the income from royalties mentioned in Clause (f) of Section 39 computed over the period mentioned in the said clause and the cost of collection at such rates as may be prescribed;
(f) ninety-five percentum of the gross income determined under Clause (g) of Section 39, which shall be deemed to be the part of the income reserved to him in respect of the rights contained in Chapter VI.Explanation. – For the purposes of this section, land revenue which has been assigned, released, compounded or redeemed by reason of any grant or confirmation made by or on behalf of the State or any other competent authority in favour of such intermediary shall not be deemed to be a sum payable as land revenue to the State Government.45. Calculation of gross assets and net assets of under-proprietors, sub-proprietors, permanent tenure-holders and permanent lessees in Avadh. – In the case of proprietors to whom Section 78 of the U.P. Land Revenue Act, 1901 (U.P. Act III of 1901), applies or who are assignees of land revenue whose names are recorded in the record of rights maintained under Clauses (a) to (d) of Section 32 of the said Act, under proprietors, sub-proprietors, permanent tenure-holders and permanent lessees in Avadh, the provisions of Sections 39 to 44 shall be applicable subject to such incidental changes and modifications as may be prescribed and thereupon the gross assets and net assets of such intermediaries shall be computed accordingly.46. Preliminary publication of the Draft Compensation Assessment Roll. – (1) After the Draft Compensation Assessment Roll in respect of any intermediary has been prepared, the Compensation (Officer shall-
(a) publish notice in the Gazette, and in such other manner as may be prescribed to the effect that the statement referred to in Section 38 and the Draft Compensation Assessment Roll mentioned in Section 40 have been prepared and are open to inspection by the persons concerned;
(b) serve or cause to be served on the intermediary concerned a copy of the notice aforesaid along with a copy of the Draft Compensation Assessment Roll.(2) The notice under sub-section (1) shall call upon all persons interested, including a person who claims that the name of the intermediary is, in respect of any share or interest to which such person is entitled, entered in a representative capacity or in the capacity of the karta of a joint Hindu Family, to appear and file objections upon such statement or roll within a period of two months :Provided that no objection on the ground that the intermediary is entitled to a greater or lesser share or part of the estate or is not entitled to any share or part thereof shall be entertained except when it is on any of the grounds mentioned in the notice or is in pursuance of any order under Section 32 or 33.47. Date for hearing objections. – If any objection is filed within the time allowed therefor, it shall be registered by the Compensation Officer who shall fix a date for hearing the same and shall give intimation thereof to the intermediary concerned and to any person interested who may have appeared in reply to the notice under Section 46.48. Hearing and deciding of objections. – In hearing and deciding the objections filed under Section 46 the Compensation Officer shall, in so far as they maybe applicable and not inconsistent with the provisions of this Chapter, have all the powers of a Civil Court and subject to such modifications as may be prescribed, follow the procedure laid down in the Code of Civil Procedure, 1908 (V of 1908), for the hearing and disposal of suits relating to immovable property.49. Order under Section 48 to be a decree of a Court. – The order of the Compensation Officer deciding an objection under Section 48 shall be deemed to be a decree of a Civil Court and shall contain concise statement of the case, the points for determination, the decisions thereon and the reasons for such decisions.50. Appeal to the District Judge. – Notwithstanding, anything contained in any law, any person aggrieved by the order of the Compensation Officer deciding the objections under Section 48 may appeal to the District Judge :Provided that where the difference between the net assets entered in the roll and the net assets claimed by the intermediary exceeds rupees two thousand and five hundred, the appeal shall lie to the High Court.[50A. Power to transfer appeals to Civil Judges. – (1) A District Judge may transfer to any Civil Judge under his administrative control any appeal under Section 50 from the order of Compensation Officer pending before him.(2) Appeals transferred under this section shall be disposed off in accordance with the procedure applicable to disposal of appeals by the District Judge under Section 50.]51. Appeal to High Court. – An appeal shall lie to the High Court from the Appellate Decree of a District Judge passed under Section 50 [or of a Civil Judge passed under Section 50-A, as the case may be], on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908 (V of 1908).52. Final Compensation Assessment Roll. – (1) Where no objection has been filed in regard to the Draft Compensation Assessment Roll in pursuance of the notice under Section 46 or where such objections are filed and have been finally disposed off and the Draft Compensation Assessment Roll amended, altered or modified accordingly, the Compensation Officer shall sign the same and also affix his seal thereto.(2) The Compensation Assessment Roll when so signed and sealed shall become final.53. Copy of the Roll to be supplied to the intermediary. – The Compensation Officer shall deliver free of charge a copy of the Compensation Assessment Roll to the intermediary concerned and shall cause a copy thereof to be affixed on the notice-board of the office of the Assistant Collector incharge of the sub-division.54. Amount of compensation. – The amount payable as compensation to an intermediary in respect of his interest in the mahals to which the Compensation Assessment Roll relates shall except where the interest of the intermediary therein is held by a thekedar or where the intermediary is a thekedar, be eight times the net assets mentioned in the Roll.55. Amount of compensation payable to a thekedar. – Where the interest of the intermediary is held by a thekedar, an amount, which shall be calculated on the principles contained in Section 54 on the net assets mentioned in all the Compensation Assessment Roll of such intermediary shall be the total compensation payable both to the intermediary’ and the thekedar in respect of their interest in the estate and the Compensation Officer shall apportion the amount between them having regard to-
(a) the premium, if any, paid at the commencement of the theka or the lease;
(b) the term and conditions of the theka;
(c) loss, if any, caused to the thekedar as a result of the determination of the theka;
(d) the gross assets and the net assets of the estate or estates under the theka;
(e) the amount payable annually by the thekedar;
(f) the fact that the total rights of the intermediary are being acquired and that those rights were held by him in perpetuity while the rights of the thekedar are of a limited character; and
(g) such other matters as may be prescribed.56. Procedure under Section 55. – In apportioning the compensation between the intermediary and his thekedar. the Compensation Officer shall follow such procedure as may be prescribed.57. Order under Section 55 to be decree of a Civil Court. – (1) The order of the Compensation Officer apportioning the compensation between the intermediary and his thekedar shall be deemed to be a decree of a Civil Court of competent jurisdiction.(2) Notwithstanding, anything contained in any other law for the time being in force, an appeal shall lie from the decree mentioned in sub-section (1) to the District Judge.[57A. Power to transfer appeals to Civil Judges. – (1) A District Judge may transfer to any Civil Judge under his administrative control any appeals under Section 57 from the order of the Compensation Officer pending before him.(2) Appeals transferred under this section shall be disposed of in accordance with the procedure applicable to disposal of appeals by the District Judge under Section 57.]58. Appeal to the High Court. – An appeal shall lie to the High Court from the appellate decree of a District Judge passed under Section 57 [or of a Civil Judge passed under Section 57-A, as the case may be], on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908 (V of 1908).59. Court fee payable on a memorandum of appeal. – Notwithstanding, anything contained in the Court Fees Act, 1870 (VII of 1870), the Court fee payable on a memorandum of appeal filed under Sections 50, 51, 57 or 58 shall be such as may be prescribed.60. Amount of compensation to be entered in the Roll. – The amount determined under Section 54 or 55 as compensation payable to intermediary shall be declared by the Compensation Officer as the compensation payable to him in respect of his interest in the mahals to which the Compensation Assessment Roll relates and the Compensation Officer shall record it in the roll in his own writing.61. Correction of bona fide mistake. – (1) Except as provided by or under this Act, no correction shall be made in the Compensation Assessment Roll after it has become final.(2) The Compensation Officer having jurisdiction may, at any time before the payment of compensation, either of his own motion or on an application filed by a person interested, correct any clerical or arithmetical mistakes in the Compensation Assessment Roll or any error arising therein from any accidental slip or omission.62. Injunction by a Civil Court barred. – Except a Court or authority before whom an appeal under this Chapter is pending against an order or decree of the Compensation Officer, no Court or authority shall, notwithstanding anything contained in any law, issue any injunction against any person in respect of any proceedings pending before the Compensation Officer under this Chapter which has the effect of staying the proceedings.63. Definition of “person interested”. – In this Chapter “person interested” includes all persons whether or not recorded in the record of rights claiming to be entitled as intermediaries to the compensation or any part or share therein to be assessed and paid on account of the acquisition of estates under this Act.64. Power to make rules. – (1) The State Government may make rules for the purpose of the carrying into effect the provisions of this Chapter.(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the manner in which and the principles on which interest shall be calculated under Section 28;
(b) the manner of deducting and adjusting interim compensation under Section 30;
(c) the manner in which and the principles on which rent rates may be determined in areas in which no such rates have been determined;
(d) the procedure to be followed in making corrections in the record of rights under Section 33;
(e) the procedure to be followed in filing the copy of the plaint or objection under Section 35;
(f) the form and the manner in which the statement under Section 38 shall be prepared;
(g) the form and the manner in which the Compensation Assessment Roll shall be prepared under Section 40;
(h) the form and the manner in which objections shall be filed under Section 46;
(i) the mode and the form of registering the objections under Section 47;
(j) the manner and the procedure to be followed in making correction under Section 61; and
(k) the matters which are to be and may be prescribed.
CHAPTER IV
Payment of Compensation65. Compensation entered in the Roll to be paid to the intermediary. – There shall be paid to every intermediary as compensation in respect of the acquisition of his rights, title and interest in every estate the amount declared in that behalf under Section 60.66. Intermediary entered in the Roll to receive compensation. – Subject to the provisions of Section 70, the compensation payable under this Act, shall be paid to the intermediary whose name is entered in the Compensation Assessment Roll67. Compensation payable to the legal representatives. – Where the person entitled to the compensation dies before it is paid to him, it shall be paid to his legal representatives.68. Form of satisfaction of compensation. – The compensation payable under this Act, shall be given in cash or in bonds or partly in cash and partly in bonds as may be prescribed.69. Deposit of the compensation money with Bank or other authority in certain cases. – (1) Where the person entitled to receive the compensation is a waqf, trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the compensation may, notwithstanding anything contained in any law but subject to any general directions that the State Government may give, be deposited, for and on behalf of the person, with such authority or Bank as may be prescribed.(2) Nothing in sub-section (1) shall be deemed to prejudice the rights of a person for whom or on whose behalf the compensation has been deposited to utilize and dispose of the same in accordance with the law governing such rights.Explanation. – For the purposes of this section a person shall not be deemed to be a limited owner merely by reason of the fact that a declaration has been made under the provisions of the Oudh Settled Estates Act, 1917 (U.P. Act V of 1917) or the United Provinces Estates Act, 1920 (U.P. Act VII of 1920) in respect of the estate for which compensation is payable.70. Compensation money to be placed at the disposal of the Court or authority. – Where before any Court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the compensation determined under Chapter III the Court or authority may require the Compensation Officer to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of such Court or authority.71. Settlement of the amount of compensation due to guzaredars. – (1) If any person claiming as guzaredar to be entitled on account of guzara to any portion of the compensation awarded to an intermediary under this chapter applies to the Compensation Officer for payment of the same to him, the Compensation Officer may, with the consent of the intermediary direct the compensation or the portion, as may be agreed to be paid to the applicant and the payment of the amount to the applicant shall be full discharge of the State Government.(2) If the intermediary does not give his consent, the Compensation Officer shall direct the applicant to file, within three months next following a suit or other proceedings in the Court having jurisdiction to establish his claim, and order that the amount shall not in the meantime be paid to the intermediary.(3) The State Government shall not be made a party to any suit or proceeding instituted or commenced in pursuance of the direction given under sub-section (2).(4) If the suit or proceeding mentioned in sub-section (2) is instituted or commenced within the period aforesaid the Compensation Officer shall place the amount of compensation at the disposal of the Court before which such suit is instituted or commenced.(5) If the suit or the proceeding is not instituted or commenced within the period of three months aforesaid, the Compensation Officer shall order the amount to be paid to the intermediary.Explanation. – For the purpose of this section a guzaredar means a person entitled to receive guzara under a registered deed, decree or order of Court or any enactment.72. Power to make rules. – (1) The State Government may make rules for the purposes of carrying into effect the provisions of this chapter.(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the procedure to be followed in placing the amount of compensation at the disposal of the Court or authority under Section 70; and
(b) the matters which are to be and may be prescribed.
CHAPTER V
Rehabilitation Grant73. Payment of rehabilitation grant. – There shall be paid by the State Government to every intermediary (other than a thekedar), whose estate or estates have been acquired under the provisions of this Act, a rehabilitation grant as hereinafter provided:Provided that, where, on the date immediately preceding the date of vesting the aggregate land revenue payable by the intermediary in respect of all his estates situate in the areas to which this Act applies exceeded rupees ten thousand, no such grant shall be paid to him:[Provided further that waqf, trust or endowment belonging to any of the classes mentioned in Clause (a) or sub-clause (i) of Clause (c) of Section 99, shall be paid rehabilitation grant in accordance with the provisions of said section irrespective of the amount of land revenue payable by such waqf, trust or endowment.]74. Date from which the grant shall be payable. – The rehabilitation grant due under Section 73 shall be payable on or from the date on which the compensation payable to the intermediary in respect of all his estates in the areas to which this Act, applies has been determined :[Provided that in the case of waqf, trust or endowment referred to in Clause (a) and sub-clause (i) of Clause (c) of Section 99 the rehabilitation grant shall be payable from the date of vesting.]75. Legal representatives entitled to receive the grant. – In the case of death of the intermediary entitled to be paid the rehabilitation grant under Section 73, his legal representative shall be entitled to receive and be paid the said grant.76. Waqfs, trusts or endowments to be classified. – For purpose of assessment and payment of rehabilitation grant all waqfs, trusts or endowments shall be classified in three classes, viz. :
(a) waqfs, trusts or endowments which are wholly for religious or charitable purposes;
(b) waqfs, trusts or endowments which are partly for religious or charitable purposes and partly for purposes other than religious or charitable;
(c) waqfs, trusts or endowments which are wholly for purposes other than religious or charitable.Explanation I. – The profits from any waqf, trust or endowed property or the portion of such profits used or intended to be used for or on the support of the founder or his family or his or their descendants, shall, notwithstanding anything contained in any law to the contrary, be deemed to be profits not used or intended to be used for a religious or charitable purpose.Explanation II. – A society registered under the Societies Registration Act, 1860 (XXI of 1860), having for its objects a charitable purpose is a trust for such purpose.77. Waqf, trust or endowment created on or after August 8, 1946, not to be recognized. – Notwithstanding anything contained in any law for the time being in force, no waqf, trust or endowments, except as hereinafter excepted, created on or after the eighth day of August, 1946, in respect of any estate or part of an estate acquired under the provisions of this Act, shall be recognized as such for assessment and payment of rehabilitation grant under this Act and any estate or part of an estate in respect of which a waqf, trust or endowment has been so made by an intermediary shall be deemed to belong to such intermediary and the rehabilitation grant in respect thereof shall be determined as if no such waqf, trust or endowment had been created :Provided that the rehabilitation grant awarded in respect of the estate or the part shall, notwithstanding anything hereinbefore contained, be payable to the mutawalli, trustee or other person vested with the management of the waqf, trust or endowment and not to the intermediary.Exception. – A waqf, trust or endowment wholly for charitable purposes shall be recognized, unless the State Government in any particular case directs otherwise.78. Intermediary entitled to receive the rehabilitation grant. – Subject to the decree or order of any Court of competent jurisdiction, the intermediary to whom compensation is payable or has been paid in respect of any estate under Chapters III and IV shall, for purposes of payment of rehabilitation grant, be deemed to be entitled to such estate.79. Application for rehabilitation grant. – An intermediary entitled to be paid the grant may [within three years from the date it has become payable under Section 74 or within three years from the date of commencement of the Uttar Pradesh Land Reforms (Amendment) Act, 1958, whichever may be later,] apply in writing to the Rehabilitation Grants Officer for determination and payment of the grant.[79A. Application by the Collector in certain cases. – (1) Where an intermediary, whose application under Section 4 of the U.P. Encumbered Estates Act, 1934, is pending with the Collector for liquidation of his debts, does not apply in writing within ninety days of the date on which the rehabilitation grant becomes payable to him, the Collector may, after making such enquiry as he may deem necessary and shall, on the application of a creditor entitled to liquidation of the debts of such intermediary under Section 23-B of the aforesaid Act, apply, in the manner prescribed, to the Rehabilitation Grants Officer, for the determination and payment of the grant, anything contained in Sections 80 to 83 to the contrary notwithstanding.(2) The application made by the Collector under sub-section (1) shall be deemed to be an application on behalf of the debtor intermediary and the provisions of this Chapter shall mutatis mutandis apply as if it were an application under Section 79.(3) Subject to any condition or restriction that may be prescribed, the Collector may, by a written order, require any person to produce such documents, papers or registers or to furnish such information as he may deem necessary for the proper discharge of his duties under sub-section (1).(4) Every person required to produce any document, paper or register or to furnish any information under sub-section (3) shall be deemed legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code (XLV of I860).]80. Contents of the application under Section 79. – The application under Section 79 shall contain the following particulars-
(a) the details of all his estates situate in the area to which this Act, applies;
(b) the net assets of all such estates determined under Chapter III;
(c) the date or dates on which the compensation has been finally determined or paid to the applicant and the amount thereof;
(d) the land revenue assessed or deemed to be assessed in respect of each of the estates aforesaid on the date immediately preceding the date of vesting;
(e) if the applicant is member of a Joint Hindu Family, the names of all his male lineal descendants or ascendants who are alive and the particulars of estates, if any, for which compensation on account of acquisition of estates under this Act, may have been determined or paid to any such descendant or ascendant;
(f) if the applicant is a waqf, trust or endowment-
(i) the class to which the waqf, trust or endowment belongs in terms of Clauses (a) to (c) of Section 76;
(ii) the total income from the whole of its property and estates whether acquired or not under tins Act;
(iii) the income separately from estate or estates acquired under this Act; and
(iv) in the case of waqf, trust or endowment falling in Clause (b) of Section 76-
its income, property and estates set apart, used or intended to be used exclusively for religious or charitable purposes and its income, property and estates set apart, used or intended to be used exclusively for purposes other than religious or charitable;
(g) the right in which the applicant claims the grant;
(h) such other particulars as may be prescribed.81. Verification and signing of the application under Section 79. – The application under Section 79 shall be signed and verified in the manner laid down for verification and signing of plaints in the Code of Civil Procedure, 1908 (V of 1908).82. Filing of affidavit with the application under Section 79. – (1) The application under Section 79 shall be accompanied by an affidavit either of the applicant himself or where the applicant is a waqf, trust or endowment or is a minor or is a person suffering from any other legal disability, of the mutawalli, trustee, manager or guardian, as the case may be stating that no such application was or has been previously made and that the applicant has not so far been paid any rehabilitation grant under the provisions of this Act.(2) Every such application shall, also be accompanied by [* * *] copies of the Compensation Assessment Rolls in respect of the estates for which compensation has been finally determined or paid under this Act.83. Penalty for false statement in the application. – If a person makes a statement in the verification mentioned in Section 81 which is false, and which he either knows or believes, to be false, or does not believe to be true, he shall be deemed to have committed an offence punishable under Section 193 of the Indian Penal Code, 1860 (XLV of 1860).84. Filing of application under Section 79. – The application under Section 79 shall be made before the Rehabilitation Grants Officer within whose jurisdiction the applicant ordinarily resides and in the case of a waqf, trust or endowment or a corporation its principal office is situate.Explanation. – Where the applicant does not ordinarily reside within the jurisdiction of any Rehabilitation Grants Officer, the application shall be made before any Rehabilitation Grants Officer within whose jurisdiction the estate or estates are situate.85. Date of hearing of the application. – (1) Where the application is in proper form and duly presented and the Rehabilitation Grants Officer is, after such preliminary enquiry as may be prescribed, satisfied that there is ground for entertaining the application, he shall fix a date for hearing thereof and cause notice of the application and of the date fixed for the hearing-
(a) to be served on the applicant and on any person to whom in his opinion special notice of the application should be given; and
(b) to be pasted in some conspicuous part of his office.(2) In the case of a waqf, trust or endowment, the Rehabilitation Grants Officer shall also publish a general notice in the Gazette and in such other manner as may be prescribed calling upon all persons interested to file objections, if any, within the prescribed time.(3) Where the Compensation Assessment Roll of any intermediary contains an entry about any disputes made under Section 36, or any person files a certified copy of a plaint or objection relating to a suit or proceeding of the nature referred to in Section 35, the Rehabilitation Grants Officer shall, if the result of such suit or proceeding will affect or is likely to affect the determination of the multiple under Section 98, stay the hearing of the application.86. Objections on the application under Section 79. – Any person interested may, on or before the date specified in the notice, file an objection disputing the correctness or nature of an entry in the application or pointing out any omission therefrom if it affects or is likely to affect-
(a) the determination of the property or estates comprised in the waqf, trust or endowment;
(b) the determination of the property or estates set apart, used or intended to be used for religious or charitable purposes; or
(c) the determination of the income or part of the income from such property or estates set apart or used for religious or charitable purposes; and
(d) the determination of the amount of rehabilitation grant payable to the applicant :Provided that no objections shall be entertained insofar as it disputes the correctness of the amount of gross assets or net assets determined in respect of the estates under Chapter III.87. Registration of objections and notice to parties. – Where there are more claimants than one to the grant or where objections have been filed under Section 86, the Rehabilitation Grants Officer shall register in the prescribed manner all such claims or objections and shall serve or cause to be served a notice together with a copy of every such claim or objection on the parties concerned and shall require them to appear and answer the same on the date of hearing fixed under Section 85.88. Investigation and disposal of objections. – On the date so specified or on any other date to which the hearing may be postponed, the Rehabilitation Grants Officer shall proceed to investigate and dispose of the claims or objections.89. Management charges. – Notwithstanding anything contained in any document or scheme of administration of the waqf, trust or endowment, the Rehabilitation Grants Officer shall allow only such amount or amounts on account of management and other charges as may be prescribed.90. Inquiry into the validity of transfer or partition in respect of estate. – In deciding the application filed under Section 79 and the objection filed under Section 86, the Rehabilitation Grants Officer shall inquire into the validity of any transfer or partition in respect of any estate made in favour of or by or on behalf of the applicant in contravention of the provisions of Sections 23 and 37 and in declaring the amount due to the applicant on account of the rehabilitation grant, he shall not take into account such transfer or partition.91. Order disposing of the objections. – The order disposing of the claims or objections passed by the Rehabilitation Grants Officer shall contain such particulars as may be prescribed.92. Statement of estates. – After the objections filed under Section 86 have been decided and the enquiry under Section 90 has been completed, the Rehabilitation Grants Officer shall prepare a statement in respect of the applicant showing-
(a) the details of all the estates of the applicant situate in the area in which this Act, applies;
(b) the net assets of all such estates determined under Chapter III;
(c) the aggregate of land revenue assessed or deemed to be assessed in respect of all such estates on the date immediately preceding the date of vesting;
(d) where the applicant is a member of a Joint Hindu Family, the details of all the estates in respect of which compensation is payable or has been paid to the applicant or his male lineal descendant or ascendant in the male line of descent or ascent, the net assets of all such estates determined under Chapter III and the land revenue assessed or deemed to be assessed in respect of all such estates on the date aforesaid; and
(e) such other particulars as may be prescribed.93. Statement in respect of a waqf, trust or endowment. – In the case of a waqf, trust or endowment, the statement under Section 92 shall show the class to which it belongs in terms of the classification under Section 76 and where the waqf, trust or endowment belongs to Class (b) of the said section, the following further particulars, namely-
(a) details of all the property and estates comprised therein;
(b) property and estates-
(i) set apart exclusively for religious or charitable purposes;
(ii) set apart exclusively for purposes other than religious or charitable; and
(iii) not set apart exclusively for any of the purposes aforesaid.
(c) the gross and the net income separately from every such property or estates;
(d) the portion of the net income from the property and estates mentioned in sub-clause (iii) of Clause (b) used or intended to be used-
(i) for religious or charitable purposes; and
(ii) for purposes other than religious or charitable;
(e) the proportion which the portion of the income mentioned in sub-clause (i) of Clause (d) bears to the net income mentioned in sub-clause (ii) of Clause (d)
(f) (i) the net assets of the estates mentioned in sub-clause (i) of Clause (b)
(ii) the net assets of the estates mentioned in sub-clause (i) of Clause (b)
(iii) the net assets of the estates mentioned in sub-clause (iii) of Clause (b) the income whereof is used or intended to be used for religious or charitable purposes;
(iv) the net assets of the estates mentioned in sub-clause (iii) of Clause (b) the income whereof is used or intended to be used for purpose other than religious or charitable;
(g) the aggregate of the net assets of the estates set apart, used or intended to be used-
(i) for religious or charitable purposes;
(ii) for purposes other than religious or charitable, and
(h) the land revenue assessed or deemed to be assessed in respect of estates falling in sub-clauses (i) and (ii) of Clause (g).94. Principles for classification of the property and apportionment of net income under Section 93. – In classifying the property and estates for purposes of Clause (b) of Section 93 and in apportioning the net income for purposes of Clause (d) of the said section, the Rehabilitation Grants Officer shall have regard to-
(a) the wishes, if any, of the founder of the waqf, trust or endowment;
(b) the portion of the income from the property and the estates which have generally been used or applied to these purposes; and
(c) the Principles of justice, equity and good conscience.95. Apportionment of net assets of the estates. – In apportioning the net assets of the estates mentioned in sub-clause (iii) of Clause (b) of Section 93 for purposes of sub-clauses (iii) and (iv) of Clause (f) of the said section, the Rehabilitation Grants Officer shall distribute the net assets in the proportion mentioned in Clause (e) thereof.96. Determination of land revenue of estates used for religious or charitable purposes and for other purposes. – In determining the land revenue assessed or deemed to be assessed in respect of estates the income whereof is used or intended to be used-
(a) for religious or charitable purposes; and
(b) for purposes other than religious or charitable, the land revenue assessed on all the estates mentioned in sub-clause (iii) of Clause (b) of Section 93 shall be distributed in the proportion referred to in Clause (e) of the said section.97. Determination of the amount of rehabilitation grant. – After the statement under Section 92 has been prepared, the Rehabilitation Grants Officer shall determine the amount payable as rehabilitation grant to each intermediary.98. Amount of the grant. – Subject to such marginal adjustments as may be prescribed, the amount payable as rehabilitation grant to an intermediary shall, except in the case of waqf, trust or endowment, be such multiple of the net assets mentioned in the statement prepared under Section 92 as may be applicable in accordance with the table given in Schedule I.99. Amount of rehabilitation grant in the case of a waqf, trust or endowment. – In the case of waqf, trust or endowment, the amount payable as rehabilitation grant shall be-
(a) where the waqf, trust or endowment belongs to Class (a) mentioned in Section 76, an annuity which shall be equal to the net assets of all the estates comprised in the waqf, trust or endowment, less the amount of interest calculated at two and a half per centum per annum on the amount of compensation payable to such waqf, trust or endowment;
(b) where the waqf, trust or endowment belongs to Class (c) mentioned in Section 76, the amount determined in accordance with the Principles laid down in Section 98;
(c) where the waqf, trust or endowment belongs to Class (b) mentioned in Section 76-
(i) in respect of the estates referred to in sub-clause (i) of Clause (g) of Section 93, an annuity determined in accordance with the principles laid down in Clause (a): and
(ii) in respect of estates referred to in sub-clause (ii) of Clause (g) of Section 93, an amount calculated in accordance with the principles laid down in Section 98.100. Rehabilitation grant in the case of certain classes of intermediaries. – In the case of under-proprietors, sub-proprietors, permanent tenure-holders and permanent lessees in Avadh, the provisions of this Chapter shall be applicable, subject to such incidental changes and modifications as may be prescribed.100A. Special provision for re-determination of annuity to certain Waqfs, trusts and endowments. – (1) Where any person acting or purporting to act on behalf of any waqf, trust or endowment referred to in Clause (a) or Clause (b) of Section 76, has omitted to claim the annuity payable to such waqf, trust or endowment under Section 99 or has made a wrong claim in respect thereof or any mistake has been made by the Rehabilitation Grants Officer in the determination of annuity payable to such waqf, trust or endowment and as a result of any such omission, wrong claim or mistake the amount determined to be payable to it is less than the amount actually due under the said Section 99 or the amount so determined is not in the form of annuity, any person competent to act on behalf of the waqf, trust or endowment, may file an application before the Rehabilitation Grants Officer for re-determination of the amount of annuity payable in accordance with the provisions of this Act, to the waqf, trust or endowment.(2) The application referred to in sub-section (1) may be filed [on or before thirtieth June, 1972] and shall be in such form as may be prescribed, and the provisions of this Act and the rules made thereunder shall be applicable thereto as if the aforesaid application were an application made under Section 79 :Provided that in re-determining the amount payable to any waqf, trust or endowment, the amount already paid in cash or in bonds or partly in cash and partly in bonds or previously determined to be so payable in respect of the estate to which the application relates shall be deducted or adjusted, as the case may be.(3) The provisions of this section shall have effect notwithstanding any judgment, decree or order of any Court or anything contained in any other provision of this Act or any rules made thereunder.100B. Special relief to certain waqfs, trusts or endowments. – (1) Every waqf, trust or endowment-
(a) which is wholly for religious or charitable purposes; and
(b) which had been created before the eighth day of August, 1946; and
(c) which immediately preceding the date of vesting, had the right to realise land revenue in respect of land in any estate which has vested in the State under this Act, as assignee or grantee thereof,shall, notwithstanding that its name was not recorded in the record-of-rights maintained under Clauses (a) to (d) of Section 32 of the U.P. Land Revenue Act, 1901 (U.P. Act III of 1901), as it stood, immediately prior to the coming into force of this Act and was accordingly not entitled to any compensation and rehabilitation grant under this Act, be paid, with effect from the date of vesting, an annuity which shall be equal to the annual land revenue payable to it as aforesaid immediately preceding the date of vesting, less fifteen per centum thereof on account of the estimated cost of management and bad debts.(2) A waqf, trust or endowment referred to in sub-section (1) may, [on or before thirteenth June, 1972], apply for determination and payment of the annuity referred to in sub-section (1).(3) The provisions of this Act and the rules made thereunder insofar as they relate to determination and payment of rehabilitation grant shall mutatis mutandis apply to the determination and payment of annuity under sub-section (1).101. Appeal. – An appeal shall lie to the District Judge from any order of the Rehabilitation Grants Officer dismissing an application under Section 85 or disposing of an objection under Section 88, or from any order under Sections 90, 98, 99, 100-A or 100-B.[101A. Power to transfer appeals to Civil Judges. – (1) A District Judge may transfer to any Civil Judge under his administrative control any appeal under Section 101 from the order of the Rehabilitation Grants Officer pending before him.(2) Appeals transferred under this section shall be disposed of in accordance with the procedure applicable to disposal of appeal by the District Judge under Section 101.]102. Revision. – The High Court may, for the purpose of satisfying itself that the order of the District Judge deciding an appeal under Section 101 [or of a Civil Judge passed under Section 101-A, as the case may be], was according to law, call for the record and pass such order with respect to the case, as it thinks fit.103. “Land Revenue” defined. – In this chapter the expression “land revenue” includes the rent payable by an under proprietor, a permanent tenure holder or a permanent lessee in Avadh to the superior proprietor or to the proprietor, as the case may be.104. Procedure for payment of the grant. – The provisions of Chapter IV shall mutatis mutandis apply to the payment of the rehabilitation grant.105. Power to make rules. – (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.(2) Without prejudice to the generality of the foregoing powers such rules may provide for-
(a) the procedure for determining the religious or charitable nature of a waqf, trust or endowment;
(b) the form and the procedure in which application shall be filed under Section 79;
(c) the form of the affidavit under Section 82 and the manner of its filing;
(d) the form of general notice to be published under Section 85;
(e) the form and the procedure in which the objections shall be filed under Sections 85 and 86;
(f) the procedure to be followed in the hearing and disposal of objections under Section 88;
(g) the manner of determining the management charges to be allowed under Section 89;
(h) the procedure of the enquiry under Section 90;
(i) the form and manner in which the statements under Sections 92 and 93 shall be prepared; and
(j) the matters which are to be and may be prescribed.
CHAPTER VI
Mines and Minerals106. Working of mines to be governed by this chapter. – Notwithstanding anything contained in this Act, the right to operate or work mines and to extract minerals therefrom shall, from the date of vesting, be governed by the provisions of this chapter.107. Mines worked by the intermediary. – (1) With effect from the date of vesting, all mines comprised in the estate or estates acquired under this Act, as were in operation on the date immediately preceding the said date and were being worked directly by the intermediary shall, if so desired by him, be deemed to have been leased by the State Government to the intermediary and such intermediary shall be entitled to retain possession of those mines as a lessee thereof.(2) The terms and conditions of the said lease by the State Government shall be such as may be agreed upon between the State Government and the intermediary, or, in default of agreement, as may be settled by a Mines Tribunal appointed under Section 110:Provided that all such terms and conditions shall be in accordance with the provisions of any Central Act for the time being in force regulating the grant of new mining leases.108. Subsisting leases of mines and minerals. – (1) Where immediately before the date of vesting of the estate or estates, there is a subsisting lease of mines or minerals comprised in the estate or estates or any part thereof the whole or the part of the estate or estates comprised in such lease shall, with effect from the date of vesting, be deemed to have been leased by the State Government to the holder of the said subsisting lease for the remainder of the term of that lease and such holder shall be entitled to retain possession of the lease held property.(2) The terms and conditions of the said lease by the State Government shall, mutatis mutandis, be the same as the terms and conditions of the subsisting lease referred to in sub-section (1), but with the additional condition that, if, in the opinion of the State Government, the holder of t he lease had not, before the date of the commencement of this Act, done any prospecting or development work the State Government shall be entitled at any time before the expiry of one year from the said date to terminate the lease by giving three months’ notice in writing :Provided that nothing in this sub-section shall be deemed to prevent any modifications being made in the terms and conditions of the said lease in accordance with the provisions of any Central Act for the time being in force regulating the modification of existing mining leases.(3) The holder of any such lease of mines and minerals as is refereed to in sub-section (1) shall not be entitled to claim any damages from the outgoing intermediary on the ground that the terms of the lease executed by such intermediary in respect of the said mines and minerals have become incapable of fulfilment by the operation of this Act.109. Buildings and lands appurtenant to mines. – Where by virtue of Section 107 or 108 any lease of mines and minerals comprised in an estate or estates is deemed to be given by the State Government, all buildings and lands not included in such lease, whether comprised in that or any other estate or estates, which vest in the State by operation of this Act, and are in the use and occupation of the lessee for purposes connected with the working or extraction of the mines and minerals comprised in the lease, including the lands upon which any works, machinery, tramways or siding appertaining to the mines are situate, shall be deemed to have been leased by the State Government to that lessee with effect from the date of vesting of the estate or estates and the lessee shall be entitled to retain possession of all such buildings and lands subject to the payment of such fair and equitable ground rent as may be agreed upon between the State Government and the lessee or in default of agreement, as may be fixed by a Mines Tribunal appointed under Section 110.110. Mines Tribunal. – (1) Any Mines Tribunal appointed for the purposes of Sections 107, 109 and 111 shall consist of a Chairman who shall be a District Judge and a member who shall be a mining expert, both of whom shall be appointed by the State Government.(2) In setting the terms and conditions of a lease by the State Government under Section 107, the Mines Tribunal shall have power to determine the extent of the property deemed to have been leased by the State Government.(3) The Tribunal shall follow such procedure as may be prescribed.(4) If there is a difference of opinion between the Chairman and the member in regard to any matter, it shall be referred by the Chairman to a Judge of the High Court nominated by the Chief Justice in this behalf and the decision of such Judge shall be binding on the Tribunal.111. Compensation for premature termination of lease of mines and minerals. – (1) Where in pursuance of the additional condition mentioned in sub-section (1) of Section 108, any lease of mines or minerals is terminated by the State Government, the lessee shall be entitled to such compensation from State Government for the premature termination of the lease as may be agreed upon between the State Government and the holder of the lease or in default of agreement, as may be determined by a Mines, Tribunal appointed under Section 110.(2) In determining the compensation payable under sub-section (1), the Tribunal shall, among other things, have regard to the genuineness of the transaction and the period for which the lease has been in force.112. Power to make rules. – The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
Part II
CHAPTER VII
Gaon Sabhas and Land Management Committees[113. [* * *]114. [* * *]115. [* * *]116. [* * *][117. Vesting of certain lands, etc. in Gaon Sabhas and other Local Authorities.] – (1) At any time after the publication of the notification referred to in Section 4. the State Government may [by general or special order to be published in the manner prescribed], declare that as from a date to be specified in this behalf, all or any of the following things, namely-
(i) lands, whether cultivable or otherwise, except lands for the time being comprised in any holding or grove;
(ii) forests;
(iii) trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi’,
(iv) fisheries;
(v) hats, bazars and melas, except hats, bazars and melas held on lands to which the provisions of Clauses (a) to (c) of sub-section (1) of Section 18 apply or on sites and areas referred to in Section 9; and
(vi) tanks, ponds, private ferries, water channels, pathways and abadi site,-which had vested in the State under this Act, shall vest in a Gaon Sabha or any other local authority established for the whole or part of the village in which the said things are situate or partly in one such local authority (including a Gaon Sabha) and partly in another :Provided that it shall be lawful for the State Government to make the declaration aforesaid subject to such exceptions and conditions as may be [specified in such order].(2) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, [by general or special order to be published in the manner prescribed], declare that as from a date to be specified in this behalf, all or any of the things specified in Clauses (i) to (vi) of sub-section (1) which after their vesting in the State under this Act, had been vested in a Gaon Sabha or any other local authority, either under this Act or under Section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, shall vest in any other local authority (including a Gaon Sabha) established for the whole or part of the village in which the said things are situate.(3) Where any declaration has been made under sub-section (1) or subsection (2) vesting any of the things specified in Clauses (i) to (vi) of sub-section (1) in any Gaon Sabha and the village or the part of the village in which that thing is situate lies outside the circle of the Gaon Sabha, such Gaon Sabha or its Land Management Committee shall in respect of that thing perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Act or the U.P. Panchayat Raj Act, 1947, on a Gaon Sabha or a Land Management Committee, as the case may be, as if that village or part of village also lay within that circle.(4) Where a declaration has been made under sub-section (1) or sub-section) vesting any of the things specified in Clauses (i) to (vi) of sub-section (1) in a local authority other than a Gaon Sabha and the village or the part of village in which the thing is situate is outside the limits of such local authority or where after any declaration is made under sub-section (1) or sub-section (2), the thing vests or as the case may be, had vested in a Nagar Mahapalika under Section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, such local authority shall in respect of that thing perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Act or the U.P. Panchayat Raj Act, 1947, on a Gaon Sabha or Land Management Committee :Provided that the local authority shall in the performance, discharge and exercise of its functions, duties and powers under this sub-section follow such procedure as may be prescribed.(5) Where any of the things specified in Clauses (i) to (vi) of sub-section (1) is vested in a local authority other than a Gaon Sabha the provisions of Sections 126 and 127 shall, subject to such exceptions and modifications, if any, as the State Government may specify in this behalf [by general or special order to be published in the manner prescribed] apply, mutatis mutandis, to such local authority.(6) The State Government may at any time, [by general or special order to be published in the manner prescribed], amend or cancel any [declaration, notification or order] made in respect of any of the things aforesaid, whether generally or in the case of any Gaon Sabha or other local authority and resume such thing and whenever the State Government so resumes any such things, the Gaon Sabha or other local authority, as the case may be, shall be entitled to receive and be paid compensation on account only of the development, if any, effected by it in or over that things :Provided that the State Government may after such resumption make a fresh declaration under sub-section (1) or sub-section (2) vesting the thing resumed in the same or any other local authority (including a Gaon Sabha), and the provisions of sub-sections (3), (4) and (5), as the case may be, shall mutatis mutandis, apply to such declaration.[117A. Further provision for exercise of further extra territorial jurisdiction by Gaon Sabha or other local authority. – (1) Where-
(a) any village or part of a village situated within the circle of a Gaon Sabha is included alter the 7th day of July, 1949, within the limits of any other local authority (not being a Gaon Sabha); or
(b) any village or part of a village situated within the limits of any other local authority (not being a Gaon Sabha) is, after the 7th day of July, 1949, included within the circle of a Gaon Sabha; or
(c) any of the things specified in Clauses (i) to (vi) of sub-section (1) of Section 117 is vested under that section in any Gaon Sabha or other local authority within whose local limits it does not lie,-then the State Government, may [by general or special order to be published in the manner prescribed] direct that in relation to the holding area within any such village or part thereof or in the case of a Clause (c) within the remainder of the village or part thereof to which the thing referred to in that clause appertains, such Gaon Sabha or its Land Management Committee or other local authority as may be [specified in such order] shall perform, discharge and exercise, subject to such exceptions, conditions and modifications if any, as may be specified in this behalf, the functions, duties and powers assigned, imposed or conferred by or under this Act or the U.P. Panchayat Raj Act, 1947 on a Gaon Sabha or Land Management Committee.(2) Any Gaon Sabha or other local authority performing, discharging or exercising any of the functions, duties or powers of the nature referred to in subsection (1) in relation to any area or thing referred to therein on the day immediately before the commencement of the Uttar Pradesh Land Laws Amendment Act, 1965, shall continue to perform, discharge or exercise such functions, duties or powers until any modification or annulment is made in respect thereof by [notification or order] under the said sub-section.(3) The provisions of this section shall be in addition to and not in derogation of anything contained in sub-sections (3) to (6) of Section 117.]118.[* * *]119. Vesting of certain hats, bazars, melas and private ferries etc. in the [Zila Parishad] or other authority. – Notwithstanding anything contained in Section 117, the State Government may, at any time. [By general or special order to be published in the manner prescribed] declare that, as from the date to be specified, hats, bazars, melas, private ferries and water channels, hereinbefore vested in the [Gaon Sabha], shall be transferred to and be vested in the [Zila Parishad] or any other authority as may be specified, who shall thereupon notwithstanding anything contained in this Act, be charged with the management, superintendence, [preservation] and control (hereof in accordance with the law as may be applicable, for the time being in force.120.[* * *]121.[* * *]122.[* * *]122A. Superintendence, management and control of land etc. by the Land Management Committee. – (1) Subject to the provisions of this Act, the Land Management Committee shall be charged, for and on behalf of the Gaon Sabha with the general superintendence, management, preservation and control of all the land, forests within village boundaries, trees (other than trees in a holding, grove or abadi), fisheries, tanks, ponds, water channels, pathways, abadi sites and hats, bazars and melas vested in the Gaon Sabha under Section 117.(2) Without prejudice to the generality of the foregoing provisions, the functions and duties of the Land Management Committee shall include-
(a) the setting and management of land;
(b) the conduct and prosecution of suits and proceedings by or against the Gaon Sabha;
(c) the development and improvement of agriculture;
(d) the preservation, maintenance and development of forests and trees;
(e) the maintenance and development of abadi sites and village communications;
(f) the management of hats, bazars and melas;
(g) the development of co-operative farming;
(h) the development of animal husbandry which includes pisciculture and poultry farming;
(i) the consolidation of holdings;
(j) the development of cottage industries;
(k) the maintenance and development of fisheries and tanks; and
(l) such other matters as may be prescribed.(3) Subject to such conditions as may be prescribed, the Chairman or any other office-bearer or member of the Land Management Committee shall, for and on behalf of the Land Management Committee, be entitled to sign any document and to do all other things for the conduct and prosecution of suits and other proceedings.122B. Powers of the Land Management Committee and the Collector. – [(1) Where any property vested under the provisions of this Act in a Gaon Sabha or a local authority is damaged or misappropriated or where any Gaon Sabha or local authority is entitled to take or retain possession of any land under the provisions of this Act and such land is occupied otherwise than in accordance with the provisions of this Act, the Land Management Committee or local authority, as the case may be. shall inform the Assistant Collector concerned in the manner prescribed.(2) Where from the information received under sub-section (1) or otherwise, the Assistant Collector is satisfied that any property referred to in sub-section (1) has been damaged or misappropriated or any person is in occupation of any land, referred to in that sub-section, in contravention of the provisions of this Act, he shall issue notice to the person concerned to show cause why compensation for damage, misappropriation or wrongful occupation as mentioned in such notice be not recovered from him or, as the case may be, why he should not be evicted from such land.(3) If the person to whom a notice has been issued under sub-section (2) fails to show cause within the time specified in the notice or within such extended time not exceeding [thirty days] from the date of service of such notice on such person, as the Assistant Collector may allow in this behalf, or if the cause shown is found to be insufficient, the Assistant Collector may direct that such person may be evicted from the land and may for that purpose, use, or cause to be used such force as may be necessary and may direct that the amount of compensation for damage, misappropriation or wrongful occupation be recovered from such person as arrears of land revenue.(4) If the Assistant Collector is of opinion that the person showing cause is not guilty of causing the damage or misappropriation or wrongful occupation referred to in the notice under sub-section (2) he shall discharge the notice.(4-A) Any person aggrieved by the order of the Assistant Collector under sub-section (3) or sub-section (4) may, within thirty days from the date of such order, prefer a revision before the Collector on the grounds mentioned in clauses (a) to (e) of Section 333.(4-B) The procedure to be followed in any action taken under this section shall be such as may be prescribed.(4-C) Notwithstanding anything contained in Section 333 or Section 333-A, but subject to the provisions of this section-
(i) every order of the Assistant Collector under this section shall, subject to the provisions of sub-sections (4-A) and (4-D), be final,
(ii) every order of the Collector under this section shall, subject to the provisions of sub-section (4-D), be final.(4-D) Any person aggrieved by the order of the Assistant Collector or Collector in respect of any property under this section may file a suit in a Court of competent jurisdiction to establish the right claimed by him in such property.(4-E) No such suit as is referred to in sub-section (4-D) shall lie against an order of the Assistant Collector if a revision is preferred to the Collector under sub-section (4-A).Explanation. – For the purposes of this section, the expression ‘Collector’ means the officer appointed as ‘Collector’ under the provisions of the U.P. Land Revenue Act, 1901 and includes an Additional Collector].[(4-F) Notwithstanding anything in the foregoing sub-sections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before [May 13, 2007] and the land so occupied together with land, if any, held by him from before the said date as bhumidhar, sirdar or asami, does not exceed 1.26 hectares (3.125 acres), then no action under this section shall be taken by the Land Management Committee or the Collector against such labourer, and [he shall be admitted as bhumidhar with non-transferable rights of that land under Section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non-transferable rights in that land.]]Explanation. – The expression “agricultural labourer” shall have the meaning assigned to it in Section 198.[(5) Rules 115-C to 115-H of the U.R Zamindari Abolition and Land Reforms Rules, 1952, shall be and be always deemed to have been made under the U.P. Zamindari Abolition and Land Reforms Act, 1950 as amended by the Uttar Pradesh Land Laws (Second Amendment) Act, 1961, as if this section has been in force on all material dates and shall accordingly continue in force until altered or repealed or amended in accordance with the provisions of this Act.]122C. Allotment of land for housing site for members of Scheduled Castes, agricultural labourers, etc. – (1) The Assistant Collector in charge of the sub-division on his own motion or on the resolution, of the Land Management Committee, may earmark any of the following classes of land for the provision of abadi sites for the members of the Scheduled Castes and [the Scheduled Tribes and the Other Backward Classes and the persons of General Category living below poverty line] and agricultural labourers and village artisans-
(a) lands referred to in clause (i) of sub-section (1) of Section 117 and vested in the Gaon Sabha under that section;
(b) lands coming into possession of the Land Management Committee under Section 194 or under any other provisions of this Act;
(c) any other land which is deemed to be or becomes vacant under Section 13, Section 14, Section 163, Section 186, or Section 211;
(d) where the land earmarked for the extension of abadi and reserved as abadi site for Harijans under the U.P. Consolidation of Holdings Act, 1953, is considered by him to be insufficient, and land earmarked for other public purposes under that Act is available, then any part of the land so available.(2) Notwithstanding anything in Sections 122-A, 195, 196, 197 and 198 of this Act, or in Sections 4, 15, 16, 28-B and 34 of the United Provinces Panchayat Raj Act, 1947, the Land Management Committee may with the previous approval of the Assistant Collector in charge of the sub-division allot for purposes of building of houses, to persons referred to in sub-section (3)-
(a) any land earmarked under sub-section (1);
(b) any land earmarked for the extension of abadi sites for Harijans under the provisions of the U.P. Consolidation of Holdings Act, 1953;
(c) any abadi site referred to in clause (iv) of sub-section (1) of Section 117 and vested in the Gaon Sabha;
(d) any land acquired for the said purposes under the Land Acquisition Act, 1894.(3) The following order of preference shall be observed in making allotments under sub-section (2)-
(a) persons belonging to the Scheduled Castes and the Scheduled Tribes;
(b) persons belonging to Other Backward Classes;
(c) persons belonging to the general category living below poverty line.];
(ii) any other agricultural labourer or village artisan residing in the village;
(a) persons belonging to the Scheduled Castes or the Scheduled Tribes;
(b) persons belonging to Other Backward Classes;
(c) persons belonging to the general category living below poverty line.];
[(iv) a person with disability residing in the village.]Explanation I. – The expression “agricultural labourer” shall have the same meaning as in Section 198.[Explanation II. – The expression ‘village artisan’ means a person who does not hold any agricultural land and whose main source of livelihood is manufacture or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto and includes a carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barber, washerman, cobbler or any other person who normally earns his livelihood by practising a craft either by his own labour or by the labour of any member of his family in any rural area :Provided that no person shall be deemed to be a village artisan whose total income (including income of his or her spouse and minor children) exceeds two thousand four hundred rupees in a year.][Explanation III. – The expression “person with disability” shall mean a person with any disabilities mentioned in Clause (i) of Section 2 of the persons with Disabilities (Equal Opportunities, Protection & Rights and Full Participation) Act, 1995 (Act No. 1 of 1996)].Explanation [IV]. – Preference shall be given to a person who either holds no house or has insufficient housing accommodation considering the requirements of his family.[Explanation V. – The expression “persons of General Category living below poverty line” shall have the same meaning as in Section 198],(4) If the Assistant Collector-in-charge of the sub-division is satisfied that the Land Management Committee has failed to discharge its duties or to perform its functions under sub-section (2) or it is otherwise necessary or expedient so to do, he may himself allot such land in accordance with the provisions of subsection (3).(5) Any land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed.(6) The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land under this section inquire in the manner prescribed into such allotment, and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease.(7) Every order passed by the Assistant Collector under sub-section (4) shall, subject to the provisions of sub-section (6) and every order passed by the Collector under sub-section (6) shall be final, and the provisions of [Section 333 and Section 333-A] shall not apply in relation thereto.(8) [ * * * ][(9) In Rule 115-L of the U.P. Zamindari Abolition and Land Reforms Rules, 1952, sub-rule (2) shall be deemed always to have been omitted.][122D. Restoration of possession to allottees. – (1) Where any land, referred to in sub-section (2) of Section 122-C, is allotted to any person for the purposes of building of house and-any person other than the allottee is in occupation of such land in contravention of the provisions of this Act, the Assistant Collector may, of his own motion, and shall, on the application of the allottee, put the allottee in possession of such land and may, for that purpose, use or cause to be used such force, as he considers necessary.(2) Where any person, after being evicted under this section, reoccupies the land or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees:Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine, that may be recovered, as the Court considers proper, be paid to the allottee as damages for use and occupation.(3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisfied by affidavit or otherwise that-
(a) the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Act, and
(b) the allottee is entitled to the possession of such land, the Court may, summarily, evict the accused from such land pending the final determination of the case, and may put the allottee in possession of such land.(4) Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court.(5) Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him.(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily.(7) For the purpose of speedy trial of offences under this section, the State Government may, in consultation with the High Court, by notification, constitute special Courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise, in relation to such offence, the powers of a Judicial Magistrate of the First Class.(8) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (2) shall be cognizable and non-bailable.]123. Certain house sites to be settled with existing owner thereof. – [(1)] Without prejudice to the provisions of Section 9, where any person referred to in sub-section (3) of Section 122-C has built a house on any land referred to in subsection (2) of that section, not being land reserved for any public purpose, and such house exists on [May 13, 2007] the site of such house shall be held by the owner of the house on terms and conditions as may be prescribed.[(2) Where any person referred to in sub-section (3) of Section 122-C has built a house on any land held by a tenure-holder (not being a Government lessee) and such house exists on [June 3, 1995] the site of such house shall, notwithstanding anything contained in this Act, be deemed to be settled with the owner of such house by the tenure-holder on such terms and conditions as may be prescribed.Explanation. – For the purposes of sub-section (2), a house existing on [June 3, 1995] on any land held by a tenure-holder shall, unless the contrary is proved, be presumed to have been built by the occupant thereof, and where the occupants are members of one family by the head of that family.][123A. Penalty for causing loss, waste or misapplication of money or property of the Gaon Panchayat. – (1) Every member of the [Land Management Committee] shall be liable for the loss, waste or misapplication of any property vested in the [Gaon Sabha] under this Act, if such loss, waste or misapplication is a direct consequence of his neglect or misconduct while a member of the [Land Management Committee] and a suit for compensation may be instituted against him by a member of the [Gaon Sabha] residing within the circle with the previous sanction of the prescribed authority or by the [Land Management Committee].(2) If the prescribed authority sanctions the institution of a suit under subsection (1), or refuses to grant the sanction, the member aggrieved may, within 30 days of such sanction or refusal, appeal to the State Government or an appellate prescribed authority against the said sanction or refusal.(3) The State Government may institute a suit mentioned in sub-section (1) on its own initiative.][123B. Punishment for occupation of Gaon Sabha land. – (1) Where any person has been evicted under this Act from any land vested in a Gaon Sabha, and such person or any other person, whether claiming through him or otherwise, thereafter occupies such land or any part thereof without lawful authority, such occupant shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.(2) Any Court convicting a person under sub-section (1) may make an order for evicting the person summarily from such land and such person shall be liable to such eviction, without prejudice to any other action that may be taken against him under any law for the time being in force.(3) Without prejudice to the provisions of sub-sections (1) and (2), the Collector may, whether or not a prosecution is instituted under sub-section (1), retake possession of any land, referred to in that sub-section and may for that purpose, use or cause to be used such force as may be necessary for evicting any person found in occupation thereof.][124. Gaon Sabha Fund. – (1) All sums received under this Act by the Gaon Sabha, Gaon Panchayat or the Land Management Committee shall be credited to the Gaon Fund :[Provided that the amount of damages or compensation recoverable under Section 122-B shall be credited to the Consolidated Gaon Fund.](2) All moneys which immediately before the commencement of the Uttar Pradesh Kshettra Samitis and Zila Parishad Adhiniyam, 1961, were held in the Gaon Samaj Fund whether actually credited to it or not before commencement, shall stand transferred and be credited to the Gaon Fund.][125. Gaon Sabha Fund to be utilized in connection with this Act. – The funds placed by the Gaon Panchayat at the disposal of the Land Management Committee to meet the charges in connection with the discharge of its duties or performance of its functions under this Act shall be utilized in the manner prescribed.][125A. Consolidated Gaon Sabha Fund. – [(1) There shall be constituted for each district, a Consolidated Gaon Sabha Fund to which shall be credited-
(a) the amount of damages or compensation referred to in the proviso to sub-section (1) of Section 124; and
(b) all contributions payable under sub-section (2).](2) Every Gaon Panchayat in the district shall pay to the Collector annually such contribution not exceeding [twenty-five per centum] of the total amount credited to the Gaon Fund under sub-section (1) of Section 124 as may be fixed by the Collector in the manner prescribed.(3) All moneys held or required to be held in the Consolidated Gaon Samaj Fund under this section before its amendment by the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall stand transferred to and be credited to the Consolidated Gaon Fund.(4) The fund shall be applied to-
(a) the payment of fees and allowances of the panel lawyers appointed under Section 127-B;
(b) the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the Gaon Sabha or the Land Management Committee under this Act;
(c) the payment of expenditure incurred on the development of lands of common utility; and
(d) the payment of any other sum which the State Government may by general or special order declare to be an appropriate charge on the fund.]126. Land Management Committee to carry out orders and directions of the State Government. – (1) [* * *]. The State Government may issue such orders and directions to the [Land Management Committee] as may appear to be necessary for purposes of this Act.(2) It shall be the duty of the [Land Management Committee] and [its] office-bearers to forthwith carry out such orders and comply with such directions.127. Alternative arrangement for carrying on the work of the Land Management Committee in certain circumstances. – (1) If at any time the State Government is satisfied that-
(a) [the Land Management Committee] has failed without reasonable cause or excuse to discharge the duties or to perform the functions imposed or assigned by or under this Act,
(b) circumstances have so arisen that [the Land Management Committee] is rendered unable or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Act, or
(c) it is otherwise expedient or necessary to do so, it may, by notification in the Gazette, declare that the duties, powers and functions of the [the Land Management Committee] under this Act shall be discharged, exercised and performed by such person or authority and for such period and subject to such restrictions as may be specified.(2) The State Government may make such incidental and consequential provisions as may appear to be necessary for this purpose.127A.[* * *].127B. Panel Lawyers. – [(1) The State Government may, on such terms and conditions and in such manner as may be prescribed appoint, either generally or in any case or for any specified class of cases, in respect of Gaon Sabhas of such local areas as may be specified, one or more legal practitioners to be called Panel Lawyers.(2) A Panel Lawyer may, subject to the provisions of sub-section (4), appear, plead and act, without any written authority on behalf of any Gaon Sabha of the area for which he is appointed, before any Court in any suit or other case, of which he has charge, by or against the Gaon Sabha.(3) A Panel lawyer in any Court shall be the agent of the Gaon Sabha of the area for which he is appointed for the purpose of receiving processes against such Gaon Sabha issued by such Court.(4) No Panel Lawyer shall, without the prior sanction of the Land Management Committee accorded by its resolution, enter into any agreement or compromise with reference to or withdraw from, any suit or other proceeding on behalf of a Gaon Sabha.][127C. Transitional provisions in relation to Gaon Sabha. – (1) All [Gaon Sabha] constituted under this Act before its amendments by the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall cease to exist and any reference in any other law for the time being in force or any notification, rule or order issued under this Act or such law or in any contract or other document to any Gaon Samaj shall, in so far as may be, be deemed to be a reference to the Gaon Sabha established for the area of such Gaon Samaj.(2) All property, funds and rights whatsoever vesting in or belonging to and all liabilities imposed upon any Gaon Samaj under this Act or under any other enactment or under any contract shall, subject to all conditions and incidents attaching thereto, as from the date of its amendment by the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, be the property funds, rights and liabilities of the Gaon Sabhas constituted for the area of the [Gaon Sabha].(3) In all suits and proceedings in which a Gaon Samaj is a party the Gaon Sabha constituted for the area of the said Gaon Samaj shall be and be deemed to be substituted for the Gaon Samaj as party and shall be entitled to take all such action as it would have been entitled to take if it had been a party to the suit or proceeding from the very beginning.]128. Power to make rules. – (1) The State Government may make rules for the purpose of carrying into effect the provisions of this chapter.(2) Without prejudice to the generality of foregoing power, such rules may provide for-
(a) [* * *]
[(aa) the manner in which and the authority by which compensation to be paid under [sub-section (6) of Section 117] shall be assessed and paid;]
(b) the terms and conditions under which hats, bazars, melas, private ferries or water channels may be transferred from the [Gaon Sabha] to the [Zila Parishad] or any other authority in accordance with Section 119;
[(c) the procedure for recovery of compensation or possession of the land together with damages:]
(d) the manner and the procedure for the discharge of its duties, performance of its functions and exercise of its powers by the [Land Management Committee];
(e) the procedure for allotment of land under Section 112-C;
(ee) the terms and conditions on which land allotted under Section 122-C or land referred to in Section 123 shall be held;
(f) the matters on which and the manner in which directions may be issued by the State Government under Section 126 to the [Land Management Committee];
(g) the procedure and the proceedings relating to the alternative arrangement for carrying on the functions and duties of the [Land Management Committee] under Section 127;
(h) the procedure and the form for the maintenance of books of accounts and other registers and statements for purposes of this chapter;
(j) the conduct of correspondence and execution of documents and contracts by the [Land Management Committee] for purposes of this Act;
(k) the conduct and prosecution of suits and proceedings by or against the [Land Management Committee];
[(kk) the summary procedure for determination of damage to and encroachment upon land and things vested in the [Gaon Sabha], removal of encroachment and assessment and payment of compensation for the damage;]
(l) the guidance generally of a [Land Management Committee] or any Government Officer in any matter connected with the carrying out of the provisions of this chapter; and
(m) the matters which to be and may be prescribed under this chapter.
CHAPTER VIII
Tenure
Classes of Tenure129. Classes of Tenure. – There shall be, for the purposes of this Act, the following classes of tenure-holders, that is to say-
[(1) bhumidhar with transferable rights;
(2) bhumidhar with non-transferable rights;
[(4) Government lessee.]129A. – In relation to areas of shifting and unstable cultivation, namely, har-tareta tracts in the Jhansi District and tracts of inferior classes of soil in the Bundelkhand, the word “holding” shall for purposes of this chapter and Chapter X mean the area for the time being under actual cultivation by a tenure-holder according to any custom or usage in that behalf.
[Uttarakhand] Amendment[129B. There shall be, for the purposes of Section 154(4)(1)(a), 154(4)(2)(e) and 1454(4)(2)(f) and 154(4)(3) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Principal Act) following class of Bhumidhar, i.e., to say-
(1) Bhumidhar of special category.][130. Bhumidhar with transferable rights. – Every person belonging to any of the following classes, not being a person referred to in Section 131, shall be called a bhumidhar with transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act, namely-
(a) every person who was a bhumidhar immediately before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977;
(b) every person who, immediately before the said date, was sirdar referred to in Clause (a) or Clause (c) of Section 131, as it stood immediately before the said date;
(c) every person who in any other manner acquires on or after the said date the rights of such a bhumidhar under or in accordance with the provisions of this Act.]131. Bhumidhar with non-transferable rights. – Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act, namely-
(a) every person admitted as a sirdar of any land under Section 195 before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977 or as a bhumidhar with non-transferable rights under the said section on or after the said date;
(b) every person who in any other manner acquires on or after the said date, the rights of such bhumidhar under or in accordance with the provisions of this Act;
(c) every person who is, or has been allotted any land under the provision of the Uttar Pradesh Bhoodan Yagna Act, 1952.
[(d) with effect from July 1, 1981 every person with whom surplus land is or has been settled under Section 26-A or sub-section (3) of Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.][131A. Bhumidhari rights in Gaon Sabha or State Government land in certain circumstances. – Subject to the provisions of Section 132 and Section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under Section 117 or belonging to the State Government, in the portion of District Mirzapur South of Kaimur Range, other than the land notified under Section 20 of the Indian forest Act, 1927, before the 30th day of June, 1978, shall be deemed to have become a Bhumidhar with non-transferable rights of such land :Provided that where the land, in cultivatory possession of a person, together with any other land held by him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, the rights of a Bhumidhar with non-transferable rights shall accrue in favour of such person in respect of so much area of the first-mentioned land, as together with such other land held by him, does not exceed the ceiling area applicable to him and the said area shall be demarcated in the prescribed manner in accordance with the principles laid down in the aforesaid Act.][131B. Bhumidhar with non-transferable rights to become bhumidhar with transferable rights after ten years. – (1) Every person who was a bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act. 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement.(2) Every person who is a bhumidhar with non-transferable rights on the commencement referred to in sub-section (1) or becomes a bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non-transferable rights.(3) Notwithstanding anything contained in any other provision of this Act, if a person, after becoming a bhumidhar with transferable rights under sub-section (1) or sub-section (2). Transfers the land by way of sale, he shall become ineligible for a lease of any land vested in Gaon Sabha or the State Government or of surplus land as defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.]132. Land in which [bhumidhari] rights shall not accrue. – Notwithstanding anything contained in Section 131, but without prejudice to the provisions of Section 19, [bhumidhari] rights shall not accrue in-
(a) pasture lands or lands covered by water and used for the purpose of growing singhara or other produce or land in the bed of a river and used for casual or occasional cultivation;
(b) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the Gazette; and
[(c) lands declared by the Slate Government by notification in the Official Gazette, to be intended or set apart for taungya plantation or grove lands of a [Gaon Sabha] or a Local Authority or land acquired or held for a public purpose and in particular and without prejudice to the generality of this clause-
(i) lands set apart for military encamping grounds;
(ii) lands included within railway or canal boundaries;
(iii) lands situate within the limits of any cantonment;
(iv) lands included in sullage farms or trenching grounds belonging as such to a local authority;
(v) lands acquired by a town improvement trust in accordance with a scheme sanctioned under Section 42 of the U.P. Town Improvement Act, 1919 (U.P. Act V11 of 1919) or by a municipality for a purpose mentioned in Clause (a) or Clause (c) of Section 8 of the U.P. Municipalities Act, 1916 (U.P. Act VII of 1916); and
(vi) lands set apart for public purposes under the U.P. Consolidation of Holdings Act, 1953 (U.P. Act V of 1954).]133. Asami. – Every person belonging to any of the following classes shall be called an asami and shall have all the rights and be subject to all the liabilities conferred or imposed upon asami by or under this Act, namely-
(c) every person who, on or after the date of vesting, is admitted by the [Land Management Committee] or the person entitled as a lessee of land described in Section 132; and
[(d) every person who in any other manner acquires the rights of an asami under or in accordance with the provisions of this Act or of any other law for the time being in force.][133A. Government lessees. – Every person to whom land has been let out by the State Government shall be called a Government lessee in respect of such land and shall, notwithstanding anything to the contrary contained in this Act, be entitled to hold the same in accordance with the terms and conditions of the lease relating thereto.]
