UTTAR PRADESH ZAMINDARI ABOLITION AND LAND REFORMS ACT, 1950
(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
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system in Uttar Pradesh, which involved intermediaries between the tiller of the soil and the state. This act aimed to empower the actual cultivators and streamline land ownership.
Section 1 of the Act outlines the short title, extent, and commencement of the Act. It states that the Act may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, and it extends to the whole of Uttar Pradesh, with specific exceptions for areas included in municipalities or notified areas as of July 7, 1949.
The scope of Section 1 is primarily administrative, establishing the framework within which the rest of the Act operates. It delineates the geographical applicability of the Act and sets the stage for the abolition of the zamindari system.
Section 1 does not prescribe any punishments; it serves as an introductory provision to the Act. The punitive measures, if any, would be found in subsequent sections dealing with violations of the provisions of the Act.
This commentary provides an overview of Section 1 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, highlighting its significance in the context of land reform in India.
(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 Acquisitio
[(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.]
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system, which involved intermediaries between the tiller of the soil and the state. This Act aimed to confer land rights directly to the cultivators and streamline land ownership in Uttar Pradesh. Section 2(A) plays a crucial role in defining key terms and establishing the framework for land rights under this legislation.
Section 2(A) of the Act defines specific terms related to land ownership and rights, particularly focusing on the definitions of "bhumidhar," "adhivasi," and "sirdar." This section is foundational as it sets the stage for understanding the rights and responsibilities of various stakeholders in land ownership.
The scope of Section 2(A) extends to all individuals and entities involved in land ownership and cultivation in Uttar Pradesh. It is applicable to various categories of landholders, including those who are recognized as "bhumidhar," "adhivasi," or "sirdar."
While Section 2(A) itself does not prescribe specific punishments, violations of the rights and definitions established in this section may lead to legal disputes and potential penalties under other relevant sections of the Act.
This commentary provides an overview of Section 2(A) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, highlighting its significance in the broader context of land reforms and legal rights in Uttar Pradesh.
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;
[(3-A) "Circle" means any area for which a Gaon Sabha has been established under the United Provinces Panchayat Raj Act, 1947];
[(4) "Collector" means an
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system in Uttar Pradesh, which involved intermediaries between the tiller of the soil and the state. Section 3 of the Act plays a crucial role in defining key terms and concepts essential for the implementation of the Act.
Section 3 of the Act provides definitions for various terms used throughout the legislation, including "land," "holding," "grove land," and "surplus land." It establishes the framework for understanding the rights and responsibilities of landholders and the state.
The scope of Section 3 extends to all lands and holdings in Uttar Pradesh, categorizing them into various types, which helps in determining the rights of individuals and the state concerning land ownership and use.
Section 3 itself does not prescribe punishments; however, violations of the definitions and provisions established in this section may lead to legal disputes and consequences under other relevant sections of the Act.
This commentary highlights the significance of Section 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, in establishing a legal framework for land reforms 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.
The notification referred to in Section 4 shall be published in the Gazette and such publication shall be conclusive proof of the due publication thereof
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 lan
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system, which involved intermediaries between the tiller of the soil and the state. Section 6 of this Act defines the term "Compensation Officer" and outlines the framework for compensation related to the abolition of zamindari rights.
Section 6 of the Act states: "Compensation Officer" means a Compensation Officer appointed under Section 319. This section is crucial for understanding the administrative framework for compensation claims arising from the abolition of zamindari 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;
[(aa) being a bhumidhar, sirdar, adhivasi or asami of any land, to continue to enjoy any easement or any similar right for the more beneficial enjoyment of the land, as he was enjoying on the date immediately preceding the date of vesting;]
(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 :
Provid
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.
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[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.
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(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 resp
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.
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(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-sectio
(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 siror 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 immed
(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 wit
(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,
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,
&nb
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.
(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-
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,
Every person who-
(a) on the date immediately preceding the date of vesting was or has been deemed to be in accordance with the provisions of this Act]-
(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,
[(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
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.
(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 direct
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.
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
(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 prescri
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.
The provisions of this Act. in their application to evacuee property shall have effect subject to the modifications set out in Schedule 4.
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.
(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.
(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
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.]
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.
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.
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.
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.
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system, which involved intermediaries between the tiller of the soil and the state. Section 34 of this Act addresses the reporting of succession or transfer of possession of land, establishing a procedural framework for individuals who acquire land through succession or transfer.
Section 34 mandates that any person who obtains possession of land through succession or transfer must report this to the Tehsildar of the relevant Tehsil. This requirement is crucial for maintaining accurate land records and ensuring legal clarity regarding land ownership.
The scope of Section 34 extends to all forms of land possession acquired through succession or transfer, including family settlements and exchanges. It emphasizes the importance of formal reporting to ensure that land records reflect the current ownership accurately.
While Section 34 itself does not prescribe specific punishments, it is linked to Section 38, which imposes fines for neglecting to report within three months of obtaining possession. The fine can be up to five times the applicable fee or a prescribed amount by the state government.
This commentary provides an overview of Section 34 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, highlighting its significance in land management and legal proceedings related to land ownership.
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.
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.
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.
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.
(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
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 mahalsaforesaid;
&n
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.
For purposes of Section 40, the gross assets of an intermediary, as respects his interests in amahal 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.
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.
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;
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.
(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 su
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.
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.
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.
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.
(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.]
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).
(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.
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.
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.
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 estat
In apportioning the compensation between the intermediary and his thekedar. the Compensation Officer shall follow such procedure as may be prescribed.
(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.
(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.]
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).
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.
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 themahals to which the Compensation Assessment Roll relates and the Compensation Officer shall record it in the roll in his own writing.
(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.
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.
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.
(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;<
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.
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 Roll
Where the person entitled to the compensation dies before it is paid to him, it shall be paid to his legal representatives.
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.
(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
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.
(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.
(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.
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
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.]
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
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 c
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 oth
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.
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.
(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
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, i
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).
(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.
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)
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.
(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
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 :
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.
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.
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.
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.
The order disposing of the claims or objections passed by the Rehabilitation Grants Officer shall contain such particulars as may be prescribed.
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
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 se
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.
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.
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.
After the statement under Section 92 has been prepared, the Rehabilitation Grants Officer shall determine the amount payable as rehabilitation grant to each intermediary.
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.
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 th
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.
(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.
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(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
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.
(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.]
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.
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.
The provisions of Chapter IV shall mutatis mutandis apply to the payment of the rehabilitation grant.
(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
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.
(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 wi
(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
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 T
(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
(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.
The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter.
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(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 S
(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 pre
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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.
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(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;
[(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 pers
(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,
(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:
[(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.
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Section 123 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter "the Act") serves as a critical legislative tool for the regularization of unauthorized occupation and the settlement of house sites with existing owners. Enacted to dismantle the intermediary zamindari system and reform land tenure, this section operates on a "legal fiction" basis to recognize the rights of occupants on specific plots, thereby preventing state acquisition of such private holdings without compensation. It is distinct from Section 122-B (encroachment on public land) and acts as a shield for specific categories of land holders, particularly Scheduled Castes and existing owners who have constructed houses or occupied land prior to the vesting of estates in the State.
Section 123 mandates the settlement of specific types of land with their existing occupants rather than vesting them in the State. It applies to:1. Vacant houses situated on the land of the intermediate class.2. Wells and tanks.3. Houses sites constructed by persons who, on 1st July 1952, had cuttings in respect of such houses.4. House sites occupied by those who were in possession on the date of the vesting of estates in the State.
The core mechanism involves a legal presumption: if a person (or their heir/legal representative) was in occupation of a house site or enjoyed rights in such land on the specified cut-off date (July 1, 1952), the land in question must be settled with them. This provision effectively bars the State from acquiring lands attached to houses or water bodies if an occupant can establish their presence on the recorded date. The section further empowers the Land Management Committee and the Collector to admit persons as Bhumidhars (tenure holders) with non-transferable rights to such settled lands under specific rules (Sections 195-202). Notably, legislation dictates that lands falling under Section 123 cannot be declared "surplus" under the Ceiling Act [Maharaj Singh VS State Of U. P. ].
To successfully invoke the protection of Section 123, the following elements must be established:* Existence of a Structure: There must be a house, well, or tank existing on the land [Maharaj Singh VS State Of U. P. ]. Mere cultivation of open land usually does not qualify unless linked to a habitation or specific settlement provisions.* Temporal Cut-off: The claimant must prove possession or a legal right (such as a cutt or tenancy) as of 1st July 1952. Possession after this date is generally insufficient to trigger the "legal fiction" of settlement [Ram Narain (D) By Lrs. VS Sub Divisional Officer].* Continuous Occupation/Title: The occupant must hold rights as an adhivasi (occupant) or have a recognized interest (like a sirdari right) prior to the abolition of zamindari. Weak claims or lack of continuous possession may fail [Rajendra Prasad VS Executive Engineer].* Absence of Exclusion: The land must not fall under exceptions listed in Section 132 (e.g., land needed for public purposes, specific agricultural holdings, or lands covered under other settlement schemes).* Constructive Possession: Even if the physical possession was disturbed, if the legal right on the cut-off date existed, the land is deemed settled [Ram Narain (D) By Lrs. VS Sub Divisional Officer].
Section 123 itself is declaratory and does not carry direct penal provisions. However, violations related to the land it protects often attract penalties under other sections:* Transfer Violations: Transferring land acquired under the Act (post-vesting) without approval from the Collector under Section 157-B or Section 167 is void. Such unauthorized transfers are subject to the consequences laid down in Section 167 [Dulari VS Board of Revenue U. P. at Allahabad].* Forgery: Willful representation of false facts to establish rights under Section 123, such as filing false documents regarding possession on the cut-off date, can lead to conviction for forgery under the Indian Penal Code (Sections 467, 471) and violation of the Act [Shyam Lal Sharma VS State ].* Misapplication of Funds: Members of the Land Management Committee acting regarding Section 123 lands are liable for misapplication of funds under Section 123A .* Notice Violation: While not a penalty under 123 itself, initiating ejectment proceedings against a valid Section 123 holder without issuing a show-cause notice renders the action illegal [Rakesh Kumar Shukla vs Lucknow Development Authority Thru. its Chairman , Lko.].
(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.
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(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
(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.]
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.]
[(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 amendmen
(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.
(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 restric
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[(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 Gao
(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
(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
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;
(3) asami;]
[(4) Government lessee.]
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.
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.]
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
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 Prade
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
(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 becomi
Section 131(B) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, pertains to the rights and transferability of land held by bhumidhar (occupants with certain rights) under the Act. It was introduced to regulate the rights of bhumidhar, especially concerning their ability to transfer land after a specified period, aligning with land reform objectives and social justice considerations.
Section 131(B) provides that a bhumidhar with non-transferable rights shall become a bhumidhar with transferable rights after ten years from the date of acquisition or recognition of rights. It also stipulates restrictions on transfer by members of Scheduled Castes who have acquired bhumidhar rights under this section, with certain provisions for restrictions on transfer and conditions for transferability.
While the section itself does not specify explicit punishments, violations such as unauthorized transfer or transfer without compliance with restrictions can lead to:- The transfer being declared void under Section 166.- Legal consequences under other provisions of the Act, including penalties or proceedings for illegal transfer.- Possible action by authorities to cancel or annul unauthorized transfers, as per the provisions of the Act.
Note: The references are based on the provided sources, primarily from the legal judgments and amendments related to Section 131(B).
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 c
Section 132 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, plays a crucial role in defining the nature of land in which rights of bhumidhari shall not accrue. It delineates specific categories of land that are exempt from granting bhumidhari rights, primarily focusing on lands set apart for public purposes or of a public utility nature. This section ensures that certain lands remain under direct control of the State or local authorities, preserving their utility for public or strategic needs.
Section 132 stipulates that rights of bhumidhari shall not accrue in:- Pasture lands or lands covered by water used for cultivation or grazing.- Lands subject to shifting or unstable cultivation as notified by the State.- Lands declared by the State for taungya plantation, grove lands of Gaon Sabha or local authorities, or acquired/held for public purposes, including: - Military encampment grounds. - Railway or canal boundaries. - Cantonment areas. - Sullage farms or trenching grounds. - Lands acquired for town improvement or municipal purposes. - Lands set apart for public purposes under the Consolidation of Holdings Act.
It also includes lands held for a public purpose under other provisions, and explicitly states that bhumidhari rights shall not be granted in such lands.
Section 132 itself does not prescribe specific punishments for violations. However, contraventions—such as granting bhumidhari rights in lands declared for public utility—may attract penalties under other provisions of the Act or related laws, including criminal proceedings for wrongful possession or illegal transfer, and civil remedies for eviction or restoration.
In summary, Section 132 of the UP Zamindari Abolition Act provides a clear legal framework to safeguard lands meant for public utility, strategic, or civic purposes from private claims, alienation, or unauthorized transfer. Its judicial interpretation underscores the importance of formal declarations and notifications, ensuring these lands remain under State control for the benefit of the public and strategic needs, consistent with the broader objectives of land reforms and public interest protection.
Note: The references are based on the provided sources and reflect the core legal understanding derived from case law and statutory interpretation.
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-
[(a) every person who, as a consequence of the acquisition of estates, becomes an asami under Sections 11, 13 or 21;]
[(b) every person, who was admitted before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977 by a bhumidhar or sirdar or after such' Commencement, by a bhumidhar as a lessee of land comprised in his holding, in accordance with the provisions of this Act;]
(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 describe
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.]
Acquisition of Bhumidhari rights
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(1) A declaration granted under Section 135 [as it stood immediately before the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977] may, on the application of any person interested (including the State Government) be cancelled or modified by the Assistant Collector on any of the following grounds, namely-
(a) that the declaration was obtained fraudulently by making of a false suggestion or by the concealment from the Assistant Collector of something material to the case;
(b) that the declaration was obtained by means of an untrue allegation of a fact essential in point of law to justify the grant thereof though such allegation was made in ignorance or inadvertently; and
(c) that a decree or order passed by a Competent Court in a sui
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Any person in whose favour a declaration has been made tinder Section 6 of the United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949 (U.P. Act X of 1949):-
(a) and such person has, under Clauses (a) to (d) of sub-section (1) of Section 18 become a bhumidhar of the land in respect of which the declaration has been made; or
(b) the land in respect of which the declaration was made has, after declaration ceased, to be a part of Uttar Pradesh, shall upon an application made in that behalf to [an Assistant Collector] within one year from the date of vesting be entitled to a refund of the amount deposited :
Provided that any sum already paid by the State Government to the landholder in
Where a subtenant has deposited fifteen times the rent payable for the land by the land-holder in accordance with the provisions of sub-section (2) of Section 3-A of the U.P. Agricultural Tenants (Acquisition of Privileges) Act, 1949, (U.P. Act X of 1949) and a declaration has been granted to him under Section 6 of the said Act, the State Government shall, on the application of the person who was his landholder on the dale of application for deposit under sub-section (2) of Section 3-A aforesaid, pay to him the amount equal to one-third of the amount so deposited.]
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(1) A bhumidhar with transferable rights shall, subject to the provisions of this Act, have the right to exclusive possession of all land of which he is a bhumidhar and to use it for any purpose whatsoever.
(2) A bhumidhar with non-transferable rights shall, subject to the provisions of this Act, have the right to exclusive possession of all land of which he is such bhumidhar and to use such land for any purpose connected with, agriculture, horticulture or animal husbandry which includes pisciculture, poultry fanning and social forestry.]
Legal Comments
"Introduction" - UPZALR Act, 1950 is a foundational agrarian reform statute; Section 142 governs use of land by bhumidhar with transferable rights and related appurtenances, clarifying land-use freedoms within the reform framework. [Source: 00100011524?; general Act overview in multiple case summaries like Rajiv Sarin VS State of Uttarakhand - 2011 0 Supreme(Raj) 777, Kannan Devan Hills Produce VS State Of Kerala - 1972 0 Supreme(SC) 264; see context in Santosh Kumar VS Board Of Revenue U. P. , Prayagraj Thru. Its Member Judicial - 2024 0 Supreme(All) 813]
"What Section 142 Says" - Section 142 grants a bhumidhari holder with transferable rights the right to use the land for any purpose; it ties into appurtenance concepts and control over land use within the reform regime. Note: depictions in judgments treat Section 142 as linking occupancy/use with the reform era vesting in State and rights of occupancy. [Source: Hriday Ram VS Paras Nath - 2024 0 Supreme(All) 811; Kannan Devan Hills Produce VS State Of Kerala - 1972 0 Supreme(SC) 264; Santosh Kumar VS Board Of Revenue U. P. , Prayagraj Thru. Its Member Judicial - 2024 0 Supreme(All) 813]
"Essential ingredients" - (i) existence of a bhumidhari with transferable rights, (ii) land held under UPZALR Act provisions vesting title/possession in the State, (iii) evidence of possession/occupation prior to abolition, (iv) proper revenue records and entries, (v) compliance with stipulated procedural requirements in proceedings under the Act. [Sources: MITHAI LAL VS D. D. C. GHAZIPUR - 2018 0 Supreme(All) 1758; Bhagwan Bahadur VS Deputy Director of Consolidation - 2024 0 Supreme(All) 836; Bhagwati Deen VS Sheetladin - 2022 0 Supreme(All) 857]
"Scope of Section" - Section 142 interactions extend to use rights and appurtenances; later codifications (Revenue Code 2006) and other Acts interact, but Section 142 remains a core reference point for use and possession considerations in disputes about occupancy and appurtenances. [Sources: Dulari VS Board of Revenue U. P. at Allahabad - 2022 0 Supreme(All) 1444; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND - 2008 0 Supreme(UK) 440; Santosh Kumar VS Board Of Revenue U. P. , Prayagraj Thru. Its Member Judicial - 2024 0 Supreme(All) 813]
"Punishment for Section" - Section 142 itself does not prescribe penal punishment; violations typically activate other enforcement provisions under UPZALR and related land laws (e.g., ejectment or other remedies). Penalties appear in allied sections (e.g., eviction mechanisms under 122-B, public premises acts). [Sources: Dulari VS Board of Revenue U. P. at Allahabad - 2022 0 Supreme(All) 1444; MITHAI LAL VS D. D. C. GHAZIPUR - 2018 0 Supreme(All) 1758; Udai Pratap VS State of U. P. - 2016 0 Supreme(All) 2615]
"Legal comments – possession and appurtenance" - Courts emphasize that possession prior to abolition can confer rights under Section 9 (and related sections) and that mere entries or later records do not automatically defeat pre-abolition possession; Section 142 decisions must be read with Sections 9, 122-B, and other vesting provisions. [Sources: Gaya Prasad Yadav (Deceased) Thru. (Ram Sumer And Another) VS Ram Bux(Deceased) Thru. (Ishvar Deen) - 2024 0 Supreme(All) 876; Kannan Devan Hills Produce VS State Of Kerala - 1972 0 Supreme(SC) 264; Hriday Ram VS Paras Nath - 2024 0 Supreme(All) 811]
"Appurtenance interpretation" - Appurtenance means land necessary for the use of a building; courts have held that surrounding vacant space used for markets or other purposes may or may not be appurtenant depending on the factual chain and statutory interpretations, with Stamp Duty cases illustrating the broader use-value assessment. [Sources: Ram Deo Tewari vs Board Of Revenue - 2024 0 Supreme(All) 2492; Babu Noorul Hasan Khan VS Ram Prasad Singh - 1979 0 Supreme(SC) 437; Bhagwan Bahadur VS Deputy Director of Consolidation - 2024 0 Supreme(All) 836]
"Scope of Section 142 in adjudication" - In disputes about encroachment or joint uses, Section 142 is used alongside 122-B and Revenue Code provisions to determine rightful use, possession, and rights of the occupant; courts recognize that use rights can be broad and not strictly confined to agricultural use. [Sources: Santosh Kumar VS Board Of Revenue U. P. , Prayagraj Thru. Its Member Judicial - 2024 0 Supreme(All) 813; Udai Pratap VS State of U. P. - 2016 0 Supreme(All) 2615; Shiv Avtar VS Board of Revenue - 2012 0 Supreme(UK) 626]
"Jurisdictional alignment" - Several judgments stress that civil courts should defer to revenue/consolidation mechanisms and the UPZALR framework (especially regarding possession, occupancy, and appurtenances) and that petitions under civil jurisdiction may be dismissed in favor of revenue proceedings. This aligns with theSupreme Court and Allahabad High Court jurisprudence in similar contexts. [Sources: Sundar Singh VS State of Uttarakhand - 2019 0 Supreme(UK) 388; Mohd. Ali VS Dinesh Chandra Bhatt - 2017 0 Supreme(UK) 245; Samay Singh VS Board of Revenue, Allahabad - 2019 0 Supreme(All) 2792]
"Possession as a criterion" - A key theme: possession established prior to abolition can vest rights; the absence of documentary titles does not automatically negate possession-based rights under Section 9 and related provisions; thus Section 142 must be interpreted with possession evidence. [Sources: Gaya Prasad Yadav (Deceased) Thru. (Ram Sumer And Another) VS Ram Bux(Deceased) Thru. (Ishvar Deen) - 2024 0 Supreme(All) 876; MITHAI LAL VS D. D. C. GHAZIPUR - 2018 0 Supreme(All) 1758; Dulari VS Board of Revenue U. P. at Allahabad - 2022 0 Supreme(All) 1444]
"Encroachment remedies" - For encroachment on Gaon Sabha land, the courts direct pursuing Section 122-B remedies or the UP Revenue Code 2006, rather than direct adjudication under Section 142; this reflects the integrated remedial framework for encroachments. [Sources: Udai Pratap VS State of U. P. - 2016 0 Supreme(All) 2615; Lallan Singh VS State of U. P. - 2016 0 Supreme(All) 2623; Prakash Narayan Pandey VS State of U. P. - 2016 0 Supreme(All) 2614]
"Market value and stamp duty interplay" - While not core to Section 142, several cases discuss valuation, market value, and stamp duty determinations for transfers within UPZALR contexts; these decisions underscore that market value and use can influence how Section 142 rights are exercised in practice. [Sources: Santosh Kumar VS Board Of Revenue U. P. , Prayagraj Thru. Its Member Judicial - 2024 0 Supreme(All) 813; RAKESH KUMAR VS SUB-REGISTRAR DEHRADUN - 2006 0 Supreme(All) 2061; Bhagwan Bahadur VS Deputy Director of Consolidation - 2024 0 Supreme(All) 836]
"Relation to other Acts" - Section 142 interacts with UP Revenue Code 2006 and other reform statutes; the Revenue Code provides a modernised framework for demarcation, possession, and enforcement, which courts harmonize with Section 142 interpretations. [Sources: Sriram Singh VS State Of U. P. - 2019 0 Supreme(All) 1539; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND - 2008 0 Supreme(UK) 440; Ram Deo Tewari vs Board Of Revenue - 2024 0 Supreme(All) 2492]
"Cognate jurisprudence – adjudication of appurtenances" - Courts have treated appurtenance disputes under Section 9 and 142 together with consolidation and occupancy principles; the broader aim is to ensure agrarian reform goals are satisfied without undermining possession rights of those who occupied land pre-abolition. [Sources: Hriday Ram VS Paras Nath - 2024 0 Supreme(All) 811; Mohd. Ali VS Dinesh Chandra Bhatt - 2017 0 Supreme(UK) 245; Maharaj Singh VS State Of U. P. - 1976 0 Supreme(SC) 428]
"Remedies where Section 142 is invoked" - When Section 142 issues arise, courts frequently direct enforcement through revenue authorities, ejectment mechanisms under 122-B, or demarcation under the Revenue Code, depending on the factual matrix. [Sources: Hriday Ram VS Paras Nath - 2024 0 Supreme(All) 811; Sriram Singh VS State Of U. P. - 2019 0 Supreme(All) 1539; Udai Pratap VS State of U. P. - 2016 0 Supreme(All) 2615]
"Impact of Kumaon & Uttarakhand adaptation" - In hill areas, Kumaon & Uttarakhand Act adapted sections from UPZALR; however, Section 157-B and other later amendments may not automatically apply unless expressly incorporated; this affects how Section 142-based rights operate in those regions. [Sources: SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND - 2008 0 Supreme(UK) 440; M/s Ski & Snow Resorts Pvt. Ltd. , Ram Nagar, Nainital VS State of Uttarakhand - 2008 0 Supreme(UK) 441; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND - 2008 0 Supreme(UK) 438]
"Natural justice and procedure" - Several cases emphasize adherence to due process before taking drastic actions (ejectment, cancellation of allotments); Section 198(5) and related procedural safeguards remain pertinent when enforcing Section 142-derived rights. [Sources: VIRENDRA PRASAD VS STATE OF U. P. - 2018 0 Supreme(All) 1863; Ram Deo Tewari vs Board Of Revenue - 2024 0 Supreme(All) 2492]
"Consolidation and rights claims" - The Act interacts with Consolidation of Holdings structures; entries in SOC/DDC and subsequent consolidation records may create rebuttable presumptions, but Section 142 rights often rely on post-abolition possession and occupancy records rather than initial historical entries alone. [Sources: Rajiv Sarin VS State of Uttarakhand - 2011 0 Supreme(SC) 747; Bhagwati Deen VS Sheetladin - 2022 0 Supreme(All) 857; MITHAI LAL VS D. D. C. GHAZIPUR - 2018 0 Supreme(All) 1758]
"Key takeaway" - Section 142 functions as part of a broader ecosystem of UPZALR reform provisions; its practical effect on land use rights is mediated by possession, appurtenance concepts, and enforcement pathways through revenue and adjudicatory mechanisms, with the courts repeatedly emphasizing alignment with the object of agrarian reform and proper procedural due process. [Sources: Hriday Ram VS Paras Nath - 2024 0 Supreme(All) 811; Daya Shankar VS State of U. P. - 2023 0 Supreme(All) 910; Sundar Singh VS State of Uttarakhand - 2019 0 Supreme(UK) 388]
[(1) Where a [bhumidhar with transferable rights] uses his holding or part thereof for a purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, the Assistant Collector-in-charge of the sub-division may, suo motu or on an application, after making such enquiry as may be prescribed, make a declaration to that effect.
(1-A) Where a declaration under sub-section (1) has to be made in respect of a part of the holding the Assistant Collector-in-charge of the sub-divisions may in the manner prescribed demarcate such part for the purposes of such declaration.]
(2) Upon the grant of the declaration mentioned in sub-section (1) the provisions of this chapter (other than this section) shall
Legal Comments
Introduction - Section 143 of UPZA & L.R. Act, 1950 deals with use of holding for non-agricultural purposes and the process of declaring such use; it interacts with civil jurisdiction and ceiling/land reform provisions. [Source: 00100009958]
What Section Says - Section 143 empowers declaration when a bhumidhari holder uses land for industrial or residential purposes; upon grant, certain chapters/provisions may cease to apply to that land. [Source: 00100009958]
Essential Ingredients - (i) existence of bhumidhari rights, (ii) use of holding for non-agricultural purposes, (iii) appropriate declaration by SDM/Assistant Collector, (iv) consequent cessation of certain Chs of the Act. [Sources: 00100009958; Maharaj Singh VS State Of U. P. ; Kanhaiya Lal Trust VS State of U. P. ]
Scope of Section - Section 143 declarations affect applicability of CH VIII of UPZA & L.R. Act and related revenue/land-use regimes; can impact civil suits and jurisdiction where non-agricultural status is essential. [Sources: Maharaj Singh VS State Of U. P. ; Mahesh Chand (Dead) Through Lr(s) VS Brijesh Kumar; Dal Jeet Singh VS State Of U. P. ]
Punishment for Section - The material sources do not specify a standalone penal provision within Section 143 itself; penalties may arise through related non-compliance or consequences under other statutes (e.g., illicit transfers, void transfers under Sec 166/167). [Sources: Rekha Rani VS State Of U. P. ; HEMLATA SINGH VS COLLECTOR, DISTRICT PITHORAGARH]
Essential Jurisdictional Interaction - Civil Courts require Section 143 declaration for land let for non-agricultural purposes to adjudicate matters; absence of declaration may invoke Civil Court jurisdiction limitations or necessitate remand for proper declarations. [Sources: Mahesh Chand (Dead) Through Lr(s) VS Brijesh Kumar; Mahesh Chand VS Brijesh Kumar; Ram Narain (D) By Lrs. VS Sub Divisional Officer]
Valuation and Stamp Duty Context - When Section 143 is not declared, stamp duty valuation for transfer may rely on agricultural rates; declarations influence but are not sole determinant; spot inspection and current use may affect market value determinations. [Sources: T. R. C. Mahavidyalaya Satrikh Nawabganj Through Manager Ranja VS State Of U. P. Through Prin. Secy. Deptt. Of Revenue Lko. ; Maharaj Singh VS State Of U. P. ; 00100085211]
Interaction with Ceiling Act - Section 6 provides exemptions for land used industrially with a subsisting declaration under Section 143; material date (8 June 1973) governs exemption applicability for ceiling calculations; post-1973 declarations may influence surplus land calculations. [Sources: Bhagwati Deen VS Sheetladin; M. S. HASAN VS STATE OF U. P. ; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND]
Abadi/Non-agricultural Classification - Land used for abadi does not automatically negate agricultural status; declaration under Section 143 is a formal recognition; absence of declaration does not bar use but affects tax/valuation and regulatory regime. [Sources: Dal Jeet Singh VS State Of U. P. ; Mahesh Chand (Dead) Through Lr(s) VS Brijesh Kumar; Kanhaiya Lal Trust VS State of U. P. ]
Void Transfers and Section 143 - Transfers without necessary declarations may be treated as void or subject to ramifications under Section 166/167 where land vesting or transfer is impermissible; interplay debated in several judgments. [Sources: Rekha Rani VS State Of U. P. ; Gaurav Aseem Avtej VS U. P. State Sugar Corporation Ltd. ; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND]
Enforcement and Remedies - When Section 143 status is contested, courts may remand to appropriate authority for declaration or consider civil jurisdiction with caveats, to avoid multiplicity of litigation. [Sources: Mahesh Chand (Dead) Through Lr(s) VS Brijesh Kumar; Ram Narain (D) By Lrs. VS Sub Divisional Officer; Mahesh Chand VS Brijesh Kumar]
Impact on Adverse Possession / Possession Rights - Declaration status informs whether occupants have statutory rights under Sections 9, 18(1) (grove holders) and related occupancy protections; absence of declaration can preserve occupant rights but affect pecuniary recoveries. [Sources: Mohabbat Ali VS Nagar Panchayat Piran Kaliyar; Sundar Singh VS State of Uttarakhand; Ram Narain (D) By Lrs. VS Sub Divisional Officer]
Impact on Revenue Records - Section 143 declarations and 144/82 registrations require updating revenue records; failure to declare can sustain occupancy rights and affect vesting, with consequences under Section 166/167 upon void transfers. [Sources: Kanhaiya Lal Trust VS State of U. P. ; Ram Narain (D) By Lrs. VS Sub Divisional Officer; Mohabbat Ali VS Nagar Panchayat Piran Kaliyar]
Public Interest Litigation Context - Courts frequently decline to entertain PIL challenging Section 143 status where statutory remedies exist; prefer pursuing Section 122-B/Revenue Code remedies. [Sources: Ram Ujagir Singh VS State of U. P. ; 02500105821; 02500120858]
Non-agricultural Declaration and CIS / Civil Proceedings - Courts have allowed revival of civil actions where declaration status was pivotal; but otherwise may direct return to appropriate forum if jurisdictional bar exists due to non-declaration. [Sources: Mahesh Chand (Dead) Through Lr(s) VS Brijesh Kumar; Ram Narain (D) By Lrs. VS Sub Divisional Officer]
Connection with Section 143 in APPELLATE/REVIEW Context - Higher courts have reaffirmed that declaration under 143 is a threshold factor for determining whether civil courts have jurisdiction over possession/tenancy disputes involving land under UPZA & L.R. Act. [Sources: Mahesh Chand VS Brijesh Kumar; Mahesh Chand (Dead) Through Lr(s) VS Brijesh Kumar; Udai Pratap VS State of U. P. ]
Stamp Duty and Section 143 - When land later declared non-agricultural, stamp duty valuation may align with non-agricultural rates; absence of declaration can complicate valuation under Rule 7 of UP Stamp Rules, 1997. [Sources: T. R. C. Mahavidyalaya Satrikh Nawabganj Through Manager Ranja VS State Of U. P. Through Prin. Secy. Deptt. Of Revenue Lko. ; Ajay Bahadur VS State of U. P. ; Jai Ram Singh VS State of Uttar Pradesh]
Judicial Trend on 143 and Industrial Use - Courts recognize that even if land has abadi-like features, absence of declaration does not automatically convert status; market value determinations rely on surrounding conditions and available comparables. [Sources: Kallu VS State of U. P. ; UMA SHANKER SAHU VS U P KHADI AND VILLAGE INDUSTRIES BOARD KANPURANDANR ; Kannan Devan Hills Produce VS State Of Kerala]
Section 143 vs. Section 80 of Revenue Code (Kumaon/Uttarakhand context) - In Uttarakhand-adapted regimes, declarations under 143/80 influence proceedings; constitutional validity questions arise in amendments/regional adaptations. [Sources: 02600071912; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND; 02600001561]
Overall Judicial Guidance - Section 143 remains a critical tool to regulate changes in land use under zamindari reform regimes; its declaration status shapes jurisdiction, valuation, tax, and subsequent rights of occupancy. [Sources: 00100009958; Kanhaiya Lal Trust VS State of U. P. ; SKI & SNOW RESORTS PVT. LTD. VS STATE OF UTTARAKHAND]
References
(1) Whenever any land held by a bhumidhar which is not used for the purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, has become land used for such purposes, the [Assistant Collector-in-charge of the sub-division may suo motu or on an application, after making such enquiry as may be prescribed], make a declaration to that effect and thereupon the bhumidhar shall, as respects the land, be subject to the provisions of this chapter.
(2) Upon the grant of the declaration under sub-section (1) in respect of any land any person other than the bhumidhar in possession of the plot shall-
(a) if he holds it under any contract or lease which is inconsistent with any of the provisions of t
A copy of every declaration made under Sections 143 and 144 shall be forwarded by the [Assistant Collector-in-charge of the sub-division] to the Sub-Registrar concerned who shall, notwithstanding anything contained in the Indian Registration Act, 1908 (U.P. Act XVI of 1908), register the same free of cost in the manner prescribed.
[An asami] shall, subject to the provisions of this Act, have the right to exclusive possession of all land comprised in his holding and to use such land for any purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming : [* * *]
Provided that any land which is declared by the State Government by notification in the Gazette to be intended or set apart for taungya plantation, shall not be used by the asami thereof except for purposes of growing agricultural crops.
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(1) The interest of a bhumidhar with transferable rights shall subject to the conditions hereinafter contained, be transferable.
(2) Except otherwise expressly permitted by this Act or any other law for the time being in force, the interest of a bhumidhar with non-transferable rights shall not be transferable.
(3) A bhumidhar referred to in sub-section (2) may, in such circumstances as may be prescribed, mortgage, without possession his interest in his holding, as security for a loan taken from the State Government by way of taqavi or from a co-operative society or from the State Bank of India or from any other bank, which is a Scheduled Bank within the meaning of Clause (e) of Section 2 of the Reserve Bank of India Act, 1934, or from the Uttar
(1) A bhumidhar with transferable rights may execute power of attorney for transfer of land in favour of persons who are covered under Sections 171, 172, 174 or 175 and in case no such person is existing, such Power of Attorney may be executed in favour of any other person with the prior permission of the Collector of the district or of the Indian consulate in ease of persons living abroad.
(2) A registered Power of Attorney to sell the land executed on or before 12.9.2003 shall be valid if the sale deed on the basis of such Power of Attorney is executed on or before 31.3.2004, irrespective of any time limit provided in such Power of Attorney, unless extended by the Collector of the district for reasons to be recorded in writing.]
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system, which involved intermediaries between the tiller of the soil and the State. This Act aimed to empower the actual cultivators and streamline land ownership in Uttar Pradesh. Section 152(A) was introduced to regulate the transfer of land through power of attorney, ensuring that such transfers are conducted with proper oversight.
Section 152(A) mandates that any power of attorney executed for the transfer of land requires prior permission from the Collector. This provision is aimed at ensuring the identification of the power-of-attorney holder and preventing fraudulent transactions.
The scope of Section 152(A) extends to all transactions involving the transfer of land through power of attorney within the jurisdiction of Uttar Pradesh. It applies to bhumidhars and other tenure holders who wish to transfer their rights.
While the specific punitive measures for non-compliance with Section 152(A) are not detailed in the provided sources, the overarching framework of the Act suggests that unauthorized transfers may lead to the invalidation of such transactions.
Except as expressly permitted by this Act, the interest of an asami shall not be transferable.]
(1) Save as provided in sub-section (2), no bhumidhar shall have the right to transfer by sale or gift, any land other than tea garden to any person where the transferee shall, as a result of such sale or gift, become entitled to land which together with land, if any, held by his family will in the aggregate, exceed 5.0586 hectares (12.50 acres) in Uttar Pradesh.
[Explanation. - For the removal of doubt it is hereby declared that in this sub-section the expression "person" shall include and be deemed to have included on June 15, 1976 a "Co-operative Society" :
Provided that where the transferee is a Co-operative Society, the land held by it having been pooled by its members under Clause (a) of sub-section (1) of Section 77 of the Uttar Pradesh C
[(1) Notwithstanding anything to the contrary contained in this Act or any other law for the time being in force, no foreign national shall acquire any land by sale or gift without prior permission in writing from the State Government.]
(2) No bhumidhar shall have the right to transfer any land to any person in contravention of sub-section (1).
(3) Every transfer made in contravention of the provisions of this section shall be void.]
No bhumidhar shall have the right to mortgage any land belonging to him as such where possession of the mortgaged land is transferred or is agreed to be transferred in future to the mortgagee as security for the money advanced or to be advanced.
[(1) No bhumidhar [* * *] or asami shall let for any period whatsoever any land comprised in his holding except-
(a) in the cases provided for in Section 157; or
(b) to a recognized educational institution for a purpose connected with instruction in agriculture, horticulture or animal husbandry.]
(2) In this Chapter the word "Lease" and its cognate expression have the meaning assigned to them in the Transfer of Property Act, 1882 (IV of 1882).
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(1) A bhumidhar or an asami holding the land in lieu of maintenance under [Section 11] who is-
[(a) an unmarried woman or if married, divorced or separated from her husband or whose husband suffers from any of the disqualifications mentioned in Clause (c) or (d) or a widow;
(b) a minor whose father suffers from any of the disqualifications mentioned in Clause (c) or (d) or has died; and]
(c) a lunatic or an idiot;
(d) a person incapable of cultivating by reason of blindness or other physical infirmity;
[(e) prosecuting studies in a [recognised educational institution] and does not exceed 25 years in age and whose father suffers from any of the disqualificatio
(1) Without prejudice to the restrictions contained in Sections 153 to 157, no bhumidhar or asami belonging to a Scheduled Caste shall have the right to transfer any land by way of sale, gift, mortgage or lease to a person not belonging to a Scheduled Caste, except with the previous approval of the Collector:
Provided that no such approval shall be given by the Collector in case where the land held in Uttar Pradesh by the transfer on the date of application under this section is less than 1.26 hectares or where the area of land so held in Uttar Pradesh by the transferor on the said date is after such transfer, likely to be reduced to less than 1.26 hectares.
(2) The Collector shall, on an application made in that behalf in the prescribed manner,
(1) Notwithstanding anything contained in Section 157-A and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to Scheduled Caste having become a Bhumidhar with transferable rights under Section 131-B shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Caste and such transfer, if any, shall be in the following order of preference-
(a) land less agricultural labourer;
(b) marginal farmer;
(c) small farmer; and
(d) a person other than a person referred to in Clauses (a), (b) and (c).
(2) A transfer in favour of a person referred to in
(1) Without prejudice to the restrictions contained in Sections 153 to 157, no bhumidhar or asami belonging to a Scheduled Tribe shall have the right to transfer by way of sale, gift, mortgage or lease or otherwise any land to a person not belonging to a Scheduled Tribe.]
(1) Notwithstanding anything contained in Section 157-B and without prejudice to the restrictions contained in Sections 153 to 157, no person belonging to a Scheduled Tribe having become a Bhumidhar with transferable rights under Section 131-B, shall have the right to transfer the land by way of sale, gift, mortgage or lease to a person other than a person belonging to a Scheduled Tribe and such transfer, if any, shall be in the following order of preference :-
(a) landless agricultural labourer;
(b) marginal farmer;
(c) small farmer; and
(d) a person other than a person referred to in Clauses (a), (b)and (c).
(2) A transfer in favour of a person belonging to
Notwithstanding anything contained in Sections 157-A and 157-B, a bhumidhar or asami belonging to a Scheduled Caste or Scheduled Tribe may mortgage without possession his holding or part thereof in the circumstances specified in sub-section (3) of Section 152.
Explanation.-In. this chapter, the expressions 'Scheduled Castes' and 'Scheduled Tribes' shall mean respectively the Scheduled Castes and the Scheduled Tribes specified in relation to Uttar Pradesh under Articles 341 and 342 of the Constitution.]
Notwithstanding anything contained in the Transfer of Property Act, 1882 (Act IV of 1882) or the Indian Registration Act, 1908 (Act XVI of 1908), a lease for a term exceeding one year or from year to year may be made either by a registered instrument or in the prescribed manner.
A lease which fails merely to comply with the provisions of Section 158 shall not, for purposes of [Sections 166 and 167] be deemed to be a transfer made in contravention of the provisions of this Act.
When a holding has been let in accordance with the provisions of [Sections 156 and 157], the successor-in-interest of the bhumidhar] [* * *] shall be bound by the terms of the lease insofar as they are not inconsistent with the provisions of this Act.
[(1) A bhumidhar [* * *] may exchange with-
(a) any other bhumidhar [* * *] land held by him; or
(b) any [Gaon Sabha] or local authority, lands for the time being vested in it under Section 117 [* * *] :
Provided that no exchange shall be made except with the permission of an Assistant Collector who shall refuse permission if the difference between the rental value of land given in exchange and of land received in exchange calculated at hereditary rates is more than 10 per cent of the lower rental value.
(1-A) Where the Assistant Collector permits exchange he shall
The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system, which involved intermediaries between the tiller of the soil and the state. Section 161 specifically addresses the exchange of land among bhumidhars (landholders) and outlines the conditions under which such exchanges can occur.
Section 161 stipulates that no exchange of land shall be made without the permission of an Assistant Collector. The Assistant Collector is mandated to refuse permission if the difference between the rental values of the lands involved in the exchange is not justified.
The scope of Section 161 is limited to exchanges between bhumidhars or between bhumidhars and Gaon Sabha (village council) lands. It ensures that land exchanges are conducted fairly and do not adversely affect the rental value assessments.
While Section 161 itself does not explicitly outline punishments, unauthorized exchanges may lead to legal disputes and potential penalties under related provisions of the Act.
Nothing in Section 161 shall affect the amount of the land revenue assessed on or payable for land so exchanged.
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Any transfer of any holding or part thereof made by a bhumidhar by which possession is transferred to the transferee for the purpose of securing any payment of money advanced or to be advanced by way of loan and existing or future debt or the performance of an engagement which may give rise to a pecuniary liability, shall, notwithstanding anything contained in the document of transfer or any law for the time being in force, be deemed at all times and for all purposes to be a sale to the transferee and to every such sale the provisions of Sections 154 and 163 shall apply.
[ Where a bhumidhar has let out his holding or any part thereof in contravention of the provisions of Section 156 or Section 157] the lessee will, notwithstanding anything contained in any law or contract or document of lease, become and be deemed to be-
(a) [where the total area of the land held by him together with the land held by his family including the land, if any, let out to him or any member of his family, does not exceed twelve and a half acres, [bhumidhar with non-transferable rights] thereof; and]
(b) where the total area as aforesaid exceeds [twelve and a half acres], a purchaser thereof and the provisions of Sections 154 and 163 shall mutatis mutandis apply.
[Explanation. - For the purpose of this section, the term "family" shall hav
Every transfer made in contravention of the provisions of this Act, shall be void
(1) The following consequences shall ensue in respect of every transfer which is void by virtue of Section 166, namely-
(a) the subject-matter of transfer shall with effect from the date of transfer, be deemed to have vested in the State Government free from all encumbrances;
(b) the trees, crops and wells existing on the land on the date of transfer shall, with effect from the said date, be deemed to have vested in the State Government free from all encumbrances; and
(c) the transferee may remove other moveable property or the materials of any immovable property existing on such land on the date of transfer within such time as may be prescribed.
(2) Where any land or other property has vested in the St
Section 167 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, is a crucial provision that deals with the consequences of void transfers of land under the Act and the subsequent powers of the Collector to vest such land in the State Government. It plays a significant role in ensuring the implementation of land reforms and the abolition of zamindari rights, maintaining the integrity of land transfer regulations, and preventing illegal transfers.
Section 167 outlines the legal consequences when a transfer of land is deemed void under Section 166. It states that:- The subject matter of such a void transfer shall be deemed to have vested in the State Government from the date of transfer, free from all encumbrances.- Trees, crops, and wells existing on the land at the date of transfer shall also vest in the State Government.- The transferee may remove movable property or materials from the land within prescribed time.- The Collector has the authority to take possession of such land and evict unauthorized occupants, using necessary force.
Section 167 applies primarily to transfers that are void under Section 166, typically involving illegal or unauthorized transactions such as transfers without prior approval where required. It aims to:- prevent illegal alienation of land,- facilitate the reversion of land to the State,- empower the Collector to enforce land reforms,- uphold the restrictions on transfer of land by zamindars and tenure holders.
It does not apply where the transfer is valid or has been ratified by the appropriate authority. Its scope extends to all land transactions deemed void under the Act, ensuring lands are not illegally alienated and are properly managed under land reform laws.
While Section 167 itself does not specify punishments, violations such as transferring land without approval or obstructing the Collector’s exercise of powers can attract penalties under the broader provisions of the Act or the Indian Penal Code. For instance, illegal transfer or obstruction may lead to criminal proceedings under relevant sections.
Note: The analysis synthesizes information from the provided sources, emphasizing the importance of Section 167 in land reform enforcement, its scope, and judicial interpretations.
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Section 168-A was introduced in the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, to regulate the transfer of land fragments in consolidated areas, with the primary aim of preventing fragmentation of land holdings and preserving the integrity of land parcels. The section was part of the broader land reform measures aimed at abolishing intermediary rights and streamlining land tenure. Over time, it became a significant provision affecting land transactions, especially in the context of zamindari abolition.
Section 168-A prohibited the transfer, by sale, gift, or exchange, of land fragments situated within a consolidated area, except in specific circumstances:- Transfer in favor of a tenure-holder who owns a contiguous plot.- Transfer of the entire or a part of the plot in which the transferor has bhumidhari rights, pertaining to the fragment.Any such transfer contrary to these provisions was declared void. The section also stipulated that if a bhumidhari made a prohibited transfer, the provisions of Section 167 would apply mutatis mutandis.
Note: Section 168-A was later omitted by the Uttar Pradesh Act No. 27 of 2004, effective from 23 August 2004.
In summary, Section 168-A was a stringent provision aimed at preventing land fragmentation through restrictions on transfer. Its later omission by law, coupled with provisions for regularization, significantly altered its legal impact, transforming previously void transactions into curable or valid ones if proper procedures are followed. Courts have consistently interpreted these legislative changes in light of the legislative intent to promote land consolidation and reform, emphasizing that the legal regime is dynamic and subject to amendments that may affect the validity of land dealings.
(1) A [bhumidhar with transferable rights] may by will bequeath his holding or any part thereof except as provided in [sub-section (2-A).]
(2) [* * *]
[(2-A) In relation to a [bhumidhar with transferable rights] belonging to a Scheduled Caste or Scheduled Tribe, the provisions of[Sections 157-A and 157-B] shall apply to the making of bequests as they apply to transfer during lifetime.]
(3) Every will made under provisions of sub-section (1) shall, notwithstanding anything contained in any law, custom or usage, [be in writing, attested by two persons and registered.]
&nbs
Section 169 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, pertains to the registration and validity of wills executed by tenure-holders, especially in the context of land reforms and zamindari abolition. It aims to regulate the transfer of rights through testamentary documents and ensure proper registration to prevent disputes over land rights.
Section 169 primarily mandates that every will made by a tenure-holder shall be in writing and attested by two witnesses. It also introduced provisions for the registration of such wills, especially when they involve rights like bhumidhari. The section has undergone amendments, notably requiring compulsory registration, which has been subject to judicial scrutiny and judicial invalidation by the Allahabad High Court.
Note: The judicial decisions and amendments highlighted reflect the evolving legal landscape concerning Section 169, emphasizing the importance of judicial interpretation in land reform laws.
No [bhumidhar with non-transferable rights] or asami shall have the right to bequeath by Will his holding or part thereof.
(1) Subject to the provisions of Section 169, when a bhumidhar or asami, being a male dies, his interest in his holding shall devolve upon his heirs being the relatives specified in sub-section (2) in accordance with the following principles, namely :-
(i) the heirs specified in any one clause of sub-section (2) shall take simultaneously in equal shares;
(ii) the "heirs specified in any preceding clause of sub-section (2) shall take to the exclusion of all heirs specified in succeeding clauses, that is to say, those in clause (a) shall be preferred to those in clause (b), those in clause (b) shall be preferred to those in clause (c), and so on, in succession;
(iii) if there are more widows than one, of the bhumidhar or asami, or of any predeceased
Section 171 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, delineates the rules of succession for landholders (bhumidhar or asami) following their death, especially in the context of land vesting in the state post-abolition of zamindari. It plays a crucial role in determining the legal heirs entitled to inherit land rights, and its interpretation influences land transfer, inheritance, and property disputes in Uttar Pradesh.
Section 171 primarily provides the order of succession of land rights upon the death of a male bhumidhar or asami. It stipulates that:- Upon the death of a male landholder, his interest in the holding devolves upon his heirs as specified in sub-section (2).- The heirs include relatives as enumerated, such as sons, daughters, widows, and other specified kin.- The section also addresses the succession of female heirs, including widows and married daughters, depending on the circumstances and amendments.
Section 171 itself prescribes no specific punishment. However, violations, such as illegal transfer or denial of rightful heirs, may attract penalties under related provisions of the Act or under general law, including criminal breach of trust or forgery.
Summary:Section 171 of the UP Zamindari Abolition and Land Reforms Act, 1950, provides the statutory framework for succession of land interests after the death of a male landholder. The scope has expanded through amendments to include female heirs, notably married daughters, aligning with constitutional principles. Courts have consistently held that final orders of succession are binding and amendments are generally prospective unless explicitly retrospective or proven to involve fraud. Proper proof of kinship and adherence to due process are essential for establishing succession rights under this section.
[(1) When a bhumidhar, [* * *] or asami who has after the date of vesting, inherited an interest in any holding-
(a) as a widow, widow of a male lineal descendant, in the male line of descent, mother or father's mother dies, marries, abandons or surrenders such holding or part thereof; or
(b) as a daughter, son's daughter, sister or half-sister being the daughter of the same father as the deceased [marries] dies, abandons or surrenders such holding or part thereof, the holding or the part shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male bhumidhar, [* * *] or asami.]
(2) Where a bhumidhar [* * *] who has before the date of vesting inherited an interest in a
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When a bhumidhar, [* * *] or asami (other than a bhumidhar [* * *] or asami mentioned in Section 171 or 172) who is a woman dies, her interest in the holding shall devolve in accordance with the order of succession given below :
[(a) son, son's son, son's son's son, pre-deceased son's widow and [predeceased son's pre-deceased son's widow and unmarried daughter] in equal share per stirps :]
Provided firstly that the nearer shall exclude the remoter in the same branch :
Provided secondly, that a widow, who has remarried, shall be excluded;
(b) husband:
(c) [* * *];
Section 174 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, deals with the succession rights of women holding an interest in land under certain circumstances. It is part of the broader legislative framework aimed at abolishing zamindari rights and establishing clear rules of inheritance and land rights, especially in cases where traditional or Shastric laws may not be explicitly applicable.
Section 174 provides provisions for succession to a woman who holds an interest in land otherwise than through the usual inheritance laws. It stipulates the circumstances under which a woman can succeed to land interests, particularly when she is not governed by the customary laws of succession, such as those based on Hindu Shastric law or other customary laws.
(Note: Specific language of Section 174 is not directly provided in the sources, but it generally pertains to succession rights of women in land interests outside traditional inheritance rules.)
Note: The references are primarily based on the provided sources, which discuss the legislative context and judicial interpretations related to Section 174 and its application within the land reform framework.
In the case of a co-widow, or a co-tenure-holder, who dies leaving no heir entitled to succeed under the provisions of this Act, the interest in such holding shall pass by survivorship.
(1) A bhumidhar [* * *] may sue for [division] of his holding.
(2) To every such suit the [Gaon Sabha] concerned shall be made a party.
One suit may be instituted for the division of more than one holding where all the parties to the suit other than the [Gaon Sabha] are jointly interested in each of the holdings :
Provided that where the holdings are situate within the jurisdiction of different [Gaon Sabha], all such Sabhas shall be made parties to the suit.]
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The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, was enacted to abolish the zamindari system, which created intermediaries between the tillers of the soil and the state. This Act aimed to empower the actual cultivators and streamline land ownership in Uttar Pradesh.
Section 181 of the Act deals with the power to transfer holdings. It outlines the conditions under which tenure-holders can transfer their rights, title, and interest in their holdings, including provisions for co-tenure holders.
The scope of Section 181 is significant as it facilitates the transfer of land rights among individuals who share ownership. This provision is crucial for maintaining the fluidity of land transactions and ensuring that land remains accessible to those who cultivate it.
The specific punitive measures for violations of Section 181 are not detailed in the provided sources. However, the Act generally emphasizes compliance with its provisions to maintain order in land transactions.
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[Subject to the provisions of Sections 178 to 182] the [division] of a holding or the separation of the share therein of a bhumidhar[* * *] shall be made by the [Court] in accordance with the Principles that may be prescribed
A [bhumidhar with non-transferable rights] may surrender his holding or any part thereof by making an application in writing to the tahsildar and giving a notice in writing to the [Land Management Committee] intimating his intention to do so and by giving up possession thereof whether such holding is or is not let [:]
[Provided that no surrender of the holding or any part thereof shall be made if the same has been mortgaged under sub-section (2) of Section 153 and mortgage has not been fully redeemed.]
An asami may surrender the whole of his holding but not any part thereof by giving a notice in writing to the [Land Management Committee] or the land-holder, as the case may be, intimating his intention to do so and by giving up possession thereof.
Notwithstanding the surrender, unless the [bhumidhar with non-transferable rights] or asami applies or gives notice before the first day of April, he shall be liable to pay the land revenue or the rent, as the case may be, for the holding for the agricultural year next following the date of surrender.
(1) Where a [bhumidhar with non-transferable rights] (other than a minor, lunatic or idiot) or asami has not used his holding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming for two consecutive agricultural year [the Tahsildar may, on the application of the [Gaon Sabha] or the landholder or on facts coming to his notice otherwise, issue a notice] to such [bhumidhar with non-transferable rights] or asami, as the case may be, to show cause why the holding be not treated as abandoned.
(2) The application shall contain such particulars as may be prescribed.
(3) If the tahsildar finds that the application has been duly made he shall cause to be served on the [bhumidhar with no
Where a [bhumidhar with non-transferable rights], being a minor, lunatic or idiot has not used his holding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry fanning for two consecutive agriculture years, the [Land Management Committee] may notwithstanding anything contained in any law, after notice to the [bhumidhar with non-transferable rights] and his guardian and after such inquiry as may be prescribed, after the expiry of the two years aforesaid, admit on behalf of the [bhumidhar with non-transferable rights] any person as asami to the land comprised in the holding in the manner and upon the terms as may be prescribed, and all the provisions of this Act, applicable to an asami belonging to the class mentioned in Clause (b) of Section 133 shall apply to him as if he had been admitted to the land by the [bhumidhar with non-transferable rights] personally.
(1) When the Collector has reasons to believe upon information or otherwise that any land the area whereof exceeds twelve and half acres or such higher limit as may be prescribed for any district included in the holding of a bhumidhar [* * *] has not been used for three consecutive years immediately preceding for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming, he may, unless a declaration under Section 143 has been obtained in respect thereto, require the bhumidhar [* * *] thereof to show cause why the land be not let out for purposes of agriculture to any person.
(2) The notice under sub-section (1) shall state the grounds for believing that the land has not been used as referred to above, the period for which it is proposed to let it out to an asami and such part
A [Land Management Committee] or a land-holder who enters upon a holding in contravention of the provisions of Section 186 or 187 shall be deemed to have ejected the tenure-holder otherwise than in accordance with the provisions of this Act.
The interest of a [bhumidhar with transferable rights] in his holding or any part thereof shall be extinguished-
(a) when he dies intestate leaving no heir entitled to inherit in accordance with the provisions of this Act;
[(aa) when the holding or part thereof has been transferred or let out in contravention of the provisions of this Act];
(b) when the land comprised in the holding has been acquired under any law for the time being in force relating to the acquisition of land; or
(c) when he has been deprived of possession and his right to recover possession is barred by limitation.
(1) Subject to the provisions of Section 172, the interest of a [bhumidhar with non-transferable rights] in a holding or any part thereof shall be extinguished-
(a) when he dies having no heir entitled to inherit in accordance with the provisions of this Act;
(b) when the holding has been declared as abandoned in accordance with the provisions of Section 186;
(c) when he surrenders his holding or part thereof;
[(cc) when the holding or part thereof has been transferred, let out or used in contravention of the provisions of this Act];
(d) when the land comprised in the holding has been acquired under any law for the time being in force relating to the acquisit
The extinction of the right, title and interest of a bhumidhar [* * *] shall operate to extinguish the interest of any asami holding under him.
The interest of an asami in his holding [or part thereof] shall be determined when his interest and the interest of the bhumidhars [* * *] in the whole of the holding [or such part, as the case may be] become vested in one person in the same right.
When the interest of a [bhumidhar] or asami is extinguished he shall vacate his homing, and he shall, except in cases where his interest has extinguished under or in accordance with the provisions of any law for the time being in force relating to the acquisition of land, have in respect of removals of standing crops and any construction existing on the holding the same right as he would have upon ejectment under the provisions of this Act.
The [Land Management Committee]shall be entitled to take possession of land comprised in a holding or part thereof if-
[(a) the land was held by a bhumidhar, and his interest in such land is extinguished under Clause (a) or Clause (aa) of Section 189 or Clause (a), Clause (b), Clause (c), Clause (cc) or Clause (e) of Section 190;]
(b) [* * *]
(c) the land being land falling in any of the classes mentioned in Section 132, was held by an asami and the asami has been ejected or his interest therein have otherwise extinguished under the provisions of this Act.
The [Land Management Committee] [with the previous approval of the [Assistant Collector-in-charge of the sub-division] shall have the right to admit any person as [bhumidhar with non-transferable rights] to any land (other than land being in any of the classes mentioned in Section 132) where-
(a) the land is vacant land;
(b) the land is vested in the [Gaon Sabha] under Section 117; or
(c) the land has come into the possession of [Land Management Committee] under Section 194 or under any other provisions of this Act.
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[(1)] The [Land Management Committee] [with the previous approval of the[Assistant Collector incharge of the sub-division] shall have the right to admit any person as asami to any land falling in any of the classes mentioned in Section 132 where-
(a) the land is vacant land;
(b) the land is vested in the [Land Management Committee]; or
(c) the land has come into the possession of the [Land Management Committee] under Section 194 or under any other provision of the Act.
[(2) Notwithstanding anything contained in any other provision of this Act, the right to admit any person as asami of tank, pond or other land, covered by water shall be regulated by the rules made under this Act.]
(1) In the admission of persons to land as[bhumidhar with non-transferable rights] or asami under Section 195 or Section 197 (hereinafter in this section referred to as allotment of land) the Land Management Committee shall, subject to any order made by a Court under Section 178 observe the following order of preference :
[(a) landless widow, sons, unmarried daughters or parents residing in the circle of a person who has lost his life by enemy action while in active service in the Armed Forces of the Union;]
(b) a person residing in the circle, who has become wholly disabled by enemy action while in active service in the Armed Forces of the Union;
[(c) a landless agricultural labourer residing in the circle and belonging to any one of the followin
(1) Where any person is admitted as a bhumidhar with non-transferable rights of any land, under Section 195, or as an asami of any land, under Section 197, (such person hereinafter referred to in this section as the allottee) or where any land is let out to any person by the State Government (such person hereinafter referred to in this section as the lessee) and any person other than the allottee or lessee 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 or lessee, as the case may be, put him in possession of such land and may, for that purpose, use or cause to be used such force as he considers necessary.
[(1-A) Where any person, after being evicted under sub-section (1), reoccupies the land or any part thereof witho
No bhumidhar shall be liable to ejectment from his holding except as provided in this Act.
No asami shall be liable to ejectment from his holding except as provided in this Act.
A bhumidhar with non-transferable rights shall be liable to ejectment from his holding on the suit of the Gaon Sabha on any of the grounds mentioned in [Section 212].]
Without prejudice to the provisions of Section 338, an asami shall be liable to ejectment from his holding on the [suit of the [Gaon Sabha] or the land-holder as the case may be] on the ground or grounds-
(a) mentioned in Section [* * *]; 191 or 206,
[(b) that he-
(i) belongs to any of the classes mentioned in Clauses (a), (b), (c), (e), (g) or (i) of sub-section (1) of Section 21 or sub-section (2) of the said section or in Clause (c) or (d) of Section 133; or
(ii) has acquired the rights of an asami under the Uttar Pradesh Land Reforms (Supplementary) Act, 1952;
and that he holds the land from year to year or for a period which has expired or will expire be
(1) Where in execution of any decree, other than a decree under Section 209, or order for delivery of possession the Court is satisfied that any ungathered crops or trees which are the property of the judgment-debtor exist on the land to be delivered, the Court executing the decree or order shall, notwithstanding anything in the Code of Civil Procedure, 1908 (V of 1908), proceed in the following manner :
(a) if [* * *] the amount due from the judgment-debtor is equal to or greater than the value of such crops or trees, the Court shall deliver the possession of the land with the crops, and the trees to the [Gaon Sabha] or the land-holder as the case may be and all rights of the judgment-debtor in or upon such crops or trees shall pass to the decree-holder;
(b) if [* * *] the amount due from t
If a suit for ejectment of an asami, to whom any of the [Clauses (a), (b), (c), (d) [or (ii) of sub-section (1)] of Section 21 or Section 11] or Clause (b) of Section 133 applies is not instituted or decree obtained in such suit is not executed, within the period of limitation prescribed therefor the asami shall, on the expiry of the period, become a [bhumidhar with non-transferable rights] of the land held by him :
[Provided that no such rights shall accrue to an asami in respect of any land held by a person belonging to a Scheduled Tribe.]
Where an asami has been ejected from his holding on the ground mentioned in Clause (f) (i) of Section 202, the land-holder shall not grant a lease thereof to any person within two years of the date of ejectment.
[* * *] An asami shall be liable to ejectment on the suit of the [Gaon Sabha] or the land-holder, as the case may be, for using land for any purpose other than a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming and also to pay damages equivalent to the cost of works which may be required to render the land capable of use for the said purposes.
(1) A decree for ejectment under Section 206 may direct the ejectment of the [* * *]asami from the whole or part of the holding as the Court, having regard to the circumstances of the case, may direct.
(2) The decree shall further direct, that if the [* * *] asami repairs the damage within three months next after the date of the decree, the same shall not be executed except in respect of costs.
Notwithstanding anything in Section 206, the [Gaon Sabha] or the landholder may, in lieu of suing for ejectment, sue-
(a) for injunction with or without compensation; or
(b) for the repair of the waste or damage, caused to the holding.
[(1)] A person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the time being in force; and-
(a) where the land forms part of the holding of a bhumidhar, [* * *] or asami without the consent of such bhumidhar, [* * *] or asami;
(b) where the land does not form part of the holding of a bhumidhar, [* * *] or asami without consent of the [Gaon Sabha],
shall be liable to ejectment on the suit in cases referred to in Clause (a) above of the bhumidhar, [* * *] or asami concerned and in cases referred to in Clause (b) above of the [Gaon Sabha] [* * *] and shall also be liable to pay damages.
[(2) To every suit
If a suit for eviction from any land under Section 209 is not instituted by a bhumidhar or asami, or a decree for eviction obtained in any such suit is not executed within the period of limitation provided for institution of such suit or the execution of such decree, as the case may be, the person taking or retaining possession shall-
(a) where the land forms pail of the holding of a bhumidhar with transferable rights, become a bhumidhar with a transferable rights of such land and the right, title and interest of an asami, if any, in such land shall be extinguished;
(b) where the land forms part of the holding of a bhumidhar with non-transferable rights, become a bhumidhar with non-transferable rights I and the right, title and interest of an asami, if any, in such land shall be I extinguish
(1) Where any land held by a tenure-holder belonging to a Scheduled Tribe is in occupation of any person other than such tenure-holder, the Assistant Collector may, suo motu or on the application of such tenure-holder, put him in possession of such land after evicting the occupants and may, for that purpose use or cause to be used such force as may be considered necessary, anything to the contrary contained in this Act, notwithstanding.
(2) Where any person, after being evicted from any land under sub-section (1), re-occupies the land or any part thereof without any 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 a fine which may extend to three thousand rupees but which shall not be less than one thousand rupees.
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Any person who on or after the eighth day of August, 1946 has been admitted as a tenure grove-holder of, or being an intermediary has brought under his own cultivation or has planted a grove, upon land which was recorded as or was customary common pasture land, cremation or burial ground, tank pond, pathway or khalian, shall be liable, notwithstanding anything contained in Section 199, on the suit of the [* * *] [Gaon Sabha] to ejectment from the land, on payment of such compensation as may be prescribed.
(1) Without prejudice to the provisions of Section 212, the Chairman, Member or Secretary of [a Land Management Committee] may make an application to the Collector for ejectment from the land of the person in possession of the land referred to in Section 212.
(2) The application under sub-section (1) shall be, in addition to and not in derogation of the right of suit conferred by the said section and shall contain the particulars to be prescribed.
(3) If the Collector is satisfied from the particulars contained in the application and after considering the statement on oath of the applicant that there is sufficient ground for proceeding he shall make an order in. .writing stating the grounds of his being so satisfied and requiring the person agai
(1) An asami ejected from or prevented from obtaining possession of any land forming part of his holding otherwise than in accordance with the provisions of the law for the time being in force by-
(a) his landholder or any person claiming as landholder to have right to eject him; or
(b) any person admitted to or allowed to retain possession of the land by such landholder or person whether as an adhivasi, as asami or otherwise, may sue the person so ejecting him or keeping him out of possession,
(i) for possession of the land; and
(ii) for compensation for wrongful dispossession :
Provided that no decree for possession shall be passed where the plaintiff at th
Where an asami sues under Clause (b) of sub-section (1) of Section 212-B any person admitted or allowed to retain possession, the landholder or the person claiming as landholder of such person shall be impleaded as a defendant.]
Subject to such restrictions and conditions as may be prescribed, an asami shall on being admitted to the occupation of land, be liable to pay such rent as may be agreed upon between him and his landholder or the [Gaon Sabha] as the case may be.
The rent payable by an asami shall not be varied except in the manner and the extent provided by or under this Act.
(1) Where any person has been admitted to the occupation of any land or permitted to retain possession of any land as an asami thereof by any person having a right to so admit or permit him, but the rent has not been fixed, the asami or the person so admitting or permitting him may, at any time during the period of occupation or within three years after the expiry of such period, institute a suit for fixation of rent.
(2) In any suit under sub-section (1) the plaintiff may, subject to the law of limitation, ask for a decree for the arrears.
(3) In a suit under sub-section (1) the rent decreed shall be the rent payable in the year previous to the year of admission, permission or accrual of asami rights, as the case may be or if no rent was payabl
The produce of every holding in the cultivation of an asami and the fruit of every tree in such holding shall be deemed to be hypothecated for tire rent payable by him in respect of the holding and until the rent has been paid or otherwise satisfied, no other claim on such produce or fruit shall be enforced by sale thereof in execution of a decree or order of a Court.
(1) It shall be lawful for an asami to pay his rent by postal money order, but the acceptance by the [Gaon Sabha] on the landholder of a sum so paid shall not debar the landholder or the [Gaon Sabha] as the case may be, from proving that the amount due for any year or instalment was different from the amount paid.
(2) In any case where rent is sent by postal money order, the payee's receipt or the endorsement of refusal on the money order duly stamped by the post office shall be admissible in evidence without formal proof and shall until the contrary is proved be presumed to recorded the receipt or refusal thereof.
Where the rent is payable in kind or on estimate or appraisement of the standing crop or on rates varying with crops sown or partly in one of such ways and partly in another or other of such ways the Assistant Collector-in-charge of a sub-division may at his own instance and shall at the instance of the [Gaon Sabha] or the person by or to whom the rent is payable commute the rent in the manner prescribed.
In the absence of a contract to the contrary the rent shall be payable in two equal instalments on the fifteenth day of November and the fifteenth day of May of the agricultural year in respect of which rent is due.
(1) Where an asami has been in arrears of the whole or any part of the rent of a holding for a period of more than three months, the [Gaon Sabha] or the landholder, as the case may be, may make an application for an order for payment of the arrears and in default for the ejectment of the asami from the holding.
(2) The application shall be signed and verified in the manner prescribed for the signing and verification of plaints in the Code of Civil Procedure, 1908 (V of 1908).
(1) On receipt of the application mentioned in Section 220 the Court having jurisdiction shall cause to be served on the asami a notice requiring him to pay the amount of arrears together with the cost of the application within thirty days from the date of the service thereof or to show cause, within a period to be specified, why an order directing him to be ejected from the holding be not passed against him.
(2) If within the period allowed the asami pays to the applicant or deposits the amount mentioned in the notice, the Court shall enter full satisfaction and dismiss the application and the amount deposited shall be paid to the applicant.
(1) Where the asami has been duly served with the notice under Section 221 but has failed to pay or deposit the aforesaid amount and also does not file any objection, the tahsildar shall make an order for the payment of the amount and in default for the ejectment of the asami from the holding.
(2) Where the asami appears and contests the claim, the application be treated as a suit and, if necessary, the Court shall order the applicant to pay any additional Court fee payable in accordance with the law for the time being in force relating to suits for arrears of rent or ejectment.
(3) If the applicant fails to pay the Court fee within the time so allowed, the application shall be rejected.
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(1) Notwithstanding anything contained in the Code of Civil Procedure, 1908 (V of 1908), a decree or order for the payment of arrears of rent against an asami may, in addition to any other mode of execution, be executed in default of payment of the amount decreed by ejectment of the asami from the holding :
Provided that no order for delivery of possession shall be passed unless notice has been served upon the judgment-debtor to show cause on a date to be fixed why the order be not passed.
(2) If within one month after the delivery of possession, the tenant deposits the full amount in respect of which he has been ejected, the ejectment order shall be cancelled and the possession restored forthwith to the tenant.
An asami shall, from the date rent becomes due, be liable to pay interest at six and a quarter per cent per annum on any instalment remaining unpaid.
Arrears of rent, sayar or other dues due in respect of property vesting in the Central or State Government or in a [Gaon Sabha] or a Local Authority or in respect of area attached under the provisions of Section 289 may be recovered as arrears of land revenue.]
[The whole or any part of the arrears of rent, sayar or other dues in respect of any land or other property vested in a [Gaon Sabha] or any other Local Authority under the provisions of this Act, may under such circumstances, as may be prescribed, be written off as irrecoverable by the Land Management Committee or by the Local Authority, as the case may be, by resolution passed in that behalf:
Provided that no such resolution shall take effect until it is confirmed by the Collector.]
(1) It shall be lawful for the Court hearing a suit for recovery of arrears of rent, where it is satisfied that the area of the holding was substantially decreased by dilution or otherwise or the produce thereof was substantially diminished by draught, hail, deposit of sand or other calamity during the period for which the arrear is claimed, to allow such remission from the rent as may appear to it to be just:
Provided that no such remission shall be deemed to vary the rent payable by the asami otherwise than for the period in respect of which it is made.
(2) Where a Court allows remission under sub-section (1) the State Government or any authority empowered by it in this behalf shall order consequential remissions in the land revenue in accorda
Any person to whom any sum is due on account of canal dues under Section 47 of the Northern India Canal and Drainage Act, 1873, may sue for the recovery of such sum.
Any tree existing on the boundary of the holding of a tenant on the date immediately preceding the date of vesting, and not belonging to such tenant shall with effect from the date of vesting belong to and vest in the [* * *] bhumidhars of the holding adjoining the said boundary in equal shares.
Explanation. - Where the holding belongs jointly to two or more bhumidhars [* * *], all of them shall for the purposes of this section collectively count as one.
Notwithstanding anything to the contrary in Section 42 of the Specific Relief Act, 1877 (1 of 1877) the [Gaon Sabha] may institute a suit against any person claiming to be entitled to any right in any land for the declaration of the right of such person in such land and the Court in its discretion may make a declaration of the right of such person and the [Gaon Sabha] need not in such suit ask for any further relief:
Provided that no Court shall make any such declaration where the [Gaon Sabha] being able to seek further relief than a mere declaration of title, omits to do so.
Where any person against whom a decree or order of ejectment from a holding or any portion thereof from any land vested in a [Gaon Sabha] or Local Authority has been executed under the provisions of this Act or the U.P. Tenancy Act, 1939 (U.P. Act XVII of 1939), re-enters or attempts to re-enter otherwise than under or in accordance with the provisions of law upon such holding or land he shall be presumed to have done so with the intent to intimidate or annoy the person in possession or the Land Management Committee or Local Authority, as the case may be, within the meaning of Section 441 of the Indian Penal Code (Act XLV of 1860).]
[(1) Any person claiming to be an asami of a holding or any part thereof, whether exclusively or jointly with any other person, may sue the landholder for a declaration of his rights as asami in such holding or part, as the case may be].
(2) In any suit under sub-section (1) any other person claiming to hold as asami under the land-holder shall be impleaded as defendant.
(3) The provisions of sub-sections (1) and (2) shall mutatis mutandis apply to a suit by a person claiming to be a [bhumidhar] [* * *] with the amendment that for the word "landholder" the words "the State Government and the [Gaon Sabha] are substituted therein.]
Section 229(B) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, provides a statutory mechanism for individuals claiming rights such as Bhumidhar or Sirdar over land to institute declaratory suits. It is a crucial provision that facilitates the adjudication of land rights post-abolition of Zamindari, ensuring legal recognition of tenure rights in accordance with the land reforms legislation.
Section 229(B) authorizes any person claiming to be an asami (occupant) of a holding or part thereof to file a suit for declaration of their rights in the land. The section aims to clarify and establish rights of occupancy or tenure, especially in cases where such rights are disputed or not duly recorded. The suit is designed as a declaratory remedy, allowing claimants to seek legal recognition of their rights without necessarily demanding possession or title transfer.
The section primarily deals with declaratory suits concerning land rights under the land reform laws. It provides a specialized remedy that bypasses the need for direct title suits, focusing on establishing occupancy or tenancy rights. The scope extends to:- Clarifying rights of tenants, occupancy holders, or other landholders.- Providing a legal avenue for persons who have been dispossessed or whose rights are disputed.- Ensuring that rights are recognized in accordance with land laws and revenue records.- Acting as a procedural safeguard against illegal dispossession or wrongful claims.
Section 229(B) itself does not specify any punishment for violations. However, false claims or fraudulent conduct in such suits can attract penalties under general penal laws, including perjury or misrepresentation. Additionally, if a suit is found to be based on false evidence or fraudulent conduct, courts may dismiss the case and may impose costs or penalties on the offending party.
In summary, Section 229(B) serves as a vital legal instrument in land reforms, providing a specialized civil remedy for establishing land rights. Its efficacy depends on adherence to principles of natural justice, genuine evidence, timely filing, and the absence of fraudulent conduct. Courts play a crucial role in upholding these principles to ensure lawful and equitable land rights recognition.
Note: All references are from the provided sources, primarily focusing on judgments, legal principles, and case law interpretations related to Section 229(B).
A [Gaon Sabha] or a bhumidhar [* * *] of any land may sue any person claiming to be an asami of such land for a declaration of the rights of such person.
[(1)] If in the course of a suit under the provisions of Sections 229-B and 229-C, it is proved by an affidavit or otherwise-
(a) that any property, trees or crops standing on the land in dispute is in danger of being wasted, damaged or alienated by any party to the suit; or
(b) that any party to the suit threatens or intends to remove or dispose of the said property, trees or crops in order to defeat the ends of justice, the Court may grant a temporary injunction and where necessary, also appoint a receiver.]
[(2) Nothing in sub-section (1) shall apply to a suit filed under sub-section (4-D) of Section 122-B.]
(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 any such rules may provide for-
[(a) [* * *];
(b) [* * *];
(c) [* * *];
(d) [* * *];
[(dd) the procedure relating to the making of an application under Section 157-A and the enquiries to be made by the Collector in respect thereof;]
(e) the procedure for the exchange of lands under Section 161;
[(ee) the procedur
(1) Except as provided in [Sections 233 and 234] and subject to his paying the rent, an adhivasi shall continue to have all the rights and the liabilities which he possessed or was subject to in respect of land on the date immediately preceding the date of vesting :
Provided that, notwithstanding anything contained in any contract or other engagement, the rent payable by the adhivasi shall not be varied except as permitted by this Act.
(2) When an adhivasi dies his interest in the holding shall in the matter of devolution, be governed by the provisions contained in Section 171 to 175.
(1) An adhivasi to whom [Clause (b)] of Section 20 applies may, within thirty months from the date of vesting apply to the Assistant Collector-in-charge of the sub-division for putting him in possession of the land, of which he is the adhivasi.
(2) The application shall contain such particulars as may be prescribed.
(3) Upon the receipt of the application under sub-section (1) the Assistant Collector shall give notice thereof to the land-holder and any other person who may be in possession of the whole or any part of such land to appear on a date to be specified and show cause why an order directing the applicant to be put in possession of the land be not passed.
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The provisions of Section 209 shall mutatis mutandis apply to an adhivasi as if he were an asami.]
Where there is no agreement as to the rent payable by the adhivasi, the rent payable by him from the date of vesting shall be [an amount, determined in the manner prescribed which shall not be less than 133-1/3 per centum and more than 200 per centum of the rent computed at hereditary rates applicable to the land].
Where the rent is payable by an adhivasi in kind or an estimate or appraisement of the standing crop or on rates varying with crops sown or partly in such ways and partly in another or other of such ways the Assistant Collector may on his own motion and shall, at the instance of the [Gaon Sabha] or the adhivasi by whom or (he land-holder to whom, the rent is payable[commute the rent having regard to the matters to be prescribed to an amount of fixed money rent which shall not be less than 133-1/3 per cent and more than 200 per cent of the rent calculated at hereditary rates.]
[* * *] [An Adhivasi shall be liable to ejectment from the land held by him]-
(a) on the ground that he is in arrears of rent;
(b) on the ground that he has made any transfer of his holding or part thereof; or
(c) for using the land for any purpose not connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming,
and the provisions of Chapter VIII relating to [the procedure and forum relating to suits and applications] for ejectment on any of the grounds aforesaid shall, mutatis mutandis apply as if the adhivasi were an asami.
The provisions of Sections 212-B, 212-C and 229-B to 229-D shall apply to an adhivasi as if he were an asami.
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(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-
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(e) the principles to be followed in determining hereditary rates in areas where such rates are not already determined; and
(f) the matters which are to be and may be prescribed.
(1) As soon as may be after the commencement of the U.P. Land Reforms (amendment) Act. 1954. the State Government may, by notification published in the official Gazette, declare that as from a date to be specified therein the rights, title and interest of the land-holder in the land which, on the date immediately preceding the said date, was held or deemed to be held by an adhivasi, shall as from the beginning of the date so specified (hereinafter called the appointed date), shall cease 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 to 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 applicabl
Where a notification under Section 240-A has been published in the official Gazette, then, notwithstanding anything contained in Chapters II and IX of this Act, but save as otherwise provided, the following consequences shall ensue in the area to which the notification relates, namely-
(a) every person who, on the date immediately preceding the appointed date, was or has been deemed to be an adhivasi shall with effect from the appointed date, become [bhumidhar with non-transferable rights] of the land referred to in Section 240-A and held by him as such and shall have all the rights and be subject to all the liabilities conferred and imposed upon [bhumidhars with non-transferable rights] by or under this Act;
(b)(i) all rents payable by the adhivasi in respect of the land referred to in Sect
Every land-holder whose rights, title or interest in the land referred to in Section 240-A are acquired under the said section shall be entitled to receive and be paid compensation as hereinafter provided.
For purposes of assessment and payment of compensation for acquisition of rights, title and interest of the landholder in the land referred to in Section 240-A, the Compensation Officer shall prepare a compensation statement showing-
(a) the name or names of the land-holder;
(b) where the land referred to in Section 240-A was on the date immediately preceding the date of vesting-
(i) recorded as sir, khudkasht or fixed rate tenancy of the land-holder; or
(ii) included in the holding of a person belonging to any of the classes mentioned in Clause (d) of Section 18; or
(iii) included in the holding of a person belonging to any of the classes mentioned in Sectio
The amount payable as compensation to the land-holder under Section 240-C shall-
(1) where such land-holder or his predecessor-in-interest was a bhumidhar referred to in Clause (a) of sub-section (1) of Section 18, be-
(a) an amount equal to ten times the rent referred to in Clause (b) of Section 240-D plus;
(b) the compensation and the rehabilitation grant, if any, payable to him in accordance with the provisions of Chapters III to V;
(2) where such land-holder was, on the date immediately preceding the date of vesting a fixed rate tenant or a person referred to in sub-clause (ii) of Clause (b) of Section 240-D an amount equal to twenty times the rent referred to in Clause (b) of the said section;
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The compensation statement prepared under Section 240-D shall be published in the manner prescribed and a copy thereof shall also be sent to the land-holder concerned.
Any person interested or the State Government may in the manner prescribed file before the Compensation Officer an objection upon such statement within the period of one month from the date of its publication.
(1) Except as provided in sub-section (2), the Compensation Officer shall after hearing the parties, if necessary, on the objections filed under Section 240-G, dispose of the objections in the manner prescribed.
(2) Where the objection filed under sub-section (1)-
(a) is that the land is not land referred to in sub-section (1) of Section 240-A the Compensation Officer shall frame an issue to that effect and refer it for disposal to the Court which would have jurisdiction to decide a suit under Section 229-B read with Section 234-A in respect of the land and thereupon all the provisions relating to the hearing and disposal of such suits shall apply to the reference as if it were suit;
(b) involves a qu
Where the question of title referred to in Clause (b) of sub-section (2) of Section 240-H is in respect of a land included in the area which is under consolidation operations within the meaning of Section 5 of the U.P. Consolidation of Holdings Act, 1953 [and where under Clause (ii) of Section 49 of the U.P. Consolidation of Holdings (Amendment) Act, 1958, the proceedings are being taken in accordance with the provisions of the U.P. Consolidation of Holdings Act, 1953, as it stood prior to its amendment by the U.P. Consolidation of Holdings (Amendment) Act, 1958], the Compensation Officer shall refer the question for determination to the Civil Judge having jurisdiction who shall thereupon refer it for determination to the Arbitrator appointed under sub-section (1) of Section 37 of the aforesaid Act and the provisions of that Act and of the Rules made thereunder shall have effect in relation to the reference so made as if it were a question raised and also referred in
Notwithstanding anything contained in any law, any person aggrieved by the order of the Compensation Officer, deciding the objection insofar as it relates to the amount of compensation under Section 240-H, may appeal to the Collector, who shall decide the appeal in the manner prescribed and the decision of the Collector shall be final.
(1) Where no objection has been filed in regard to the compensation statement published in pursuance of Section 240-F or where such objections are filed and have been finally disposed of, the statement shall where necessary be amended, altered or modified, the Compensation Officer shall sign the statement and affix his seal thereto.
(2) The statement so signed and sealed shall become final.
(3) A copy of the final statement shall be supplied free of charge to the landholder concerned.
(1) Except as provided in sub-section (3) the compensation mentioned in the final compensation statement referred to in Section 240-J, shall be paid in cash in one lump sum or in annual instalments-
(a) not exceeding ten in cases referred to in sub-sections (2) and (3) of Section 240-E; and
(b) not exceeding five in cases referred to in sub-sections (1) and (4) of Section 240-F,
as may be prescribed :
Provided however, that where compensation is prescribed to be paid in instalments there shall be paid over and above the amount of compensation a sum equal to six and one-quarter per cent thereof.
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Nothing contained in this chapter shall apply to evacuee property.
(1) The State Government may make the 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 method of calculating rents and other dues mentioned in Clauses (b) and (c) of Section 240-B;
(b) the disposal of suits and proceedings stayed under this chapter;
(c) the form and the manner in which the compensation statement under Section 240-F, shall be prepared;
(d) the manner in which the Compensation Officer shall refer the objections to competent court of the District Judge under Section 240-H
The land revenue assessed on any holding shall be first charge on such holding and also trees or buildings standing thereon or the rents, profits or produce thereof.]
(1) All land held by a person who is or is deemed to be a bhumidhar [* * *] as such and wherever situate, is liable to the payment of land revenue to the State Government, except such land as may hereafter be exempted whether wholly or partially from such liability by grant of, or contract with the State Government.
(2) Land Revenue may be assessed on land notwithstanding that such land revenue, by reason of its having been assigned, released, compounded for or redeemed, is not payable to the State Government.
(3) No length of occupation of any land, nor any grant made before the commencement of this Act, by the Crown, the State Government or the landholder, shall release such land from the liability to pay land revenue.
(1) All bhumidhars [* * *] in any[holding] shall be jointly and severally responsible to the State Government for the payment of the land revenue for the time being assessed thereon and all person succeeding whether by devolution or otherwise to the interests of such bhumidhars [* * *] shall be responsible for all arrears of land revenue due at the time of their succession.
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A bhumidhar [* * *] who has paid an amount on account of land revenue exceeding his share, may require other bhumidhars [* * *] to reimburse the excess amount so paid by him on their behalf.
(1) Subject to the provisions of this Act, every bhumidhar [* * *], shall for every agricultural year commencing on or after July 1, 1976, be liable to pay to the State Government for land held by him, land revenue determined in accordance with the provisions of sub-section (2) and Sections 246 and 247.
(2) The amount of land revenue payable by a bhumidhar [* * *] shall be equal to an amount computed at double the hereditary rates applicable to the respective plots of land comprised in his holding :
Provided that the land revenue so computed shall not be-
(i) less than rupees five per acre or more than rupees ten per acre in respect of an unirrigated plot
(1) For the purposes of determining the land revenue payable by bhumidhars [* * *] under Section 245, the Assistant Collector shall cause to be prepared a Provisional Statement for each village.
(2) The Provisional Statement shall be published in such form as may be prescribed.
(3) Any person aggrieved by any entry in the Provisional Statement may file an objection to the Assistant Collector-in-charge of the sub-Division within fifteen days from the date of publication of the Provisional Statement under subsection (2).
(4) The Assistant (Collector-in-charge of the sub-Division shall, after affording reasonable opportunity' of being heard, decide the objec
The amount specified in the Final Statement referred to in Section 246 shall be and continue to be the land revenue payable by bhumidhar [* * *], as the case may be, until the same is duly altered in accordance with the provisions of this Chapter.]
(1) Notwithstanding anything contained in Sections 245, 246 and 247, every member of a family, the total area of land held by w hose members as Bhumidhars on or after the date of commencement of the agricultural year beginning on July 1, 1977 does not exceed 1.26 hectares (3.125 acres), shall be exempted from the liability to pay land revenue to the State Government.
(2) The share of an individual or any member of his family in a holding shall, for the purposes of determining exemption under this section be decided in such manner and by such authority as may be prescribed, but no such determination shall be binding on any Court or tribunal in any suit or other proceedings relating to the title to such holding.
(3) The Prescribed Authority shall
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(1) The State Government may prescribe the date or dates from which and the instalments in which the land revenue shall be payable by bhumidhars [* * *] referred to in Sections 245 and 246.
(2) The land revenue or any instalment thereof not paid on or before the due date becomes an arrear of land revenue and the persons liable for it become defaulters.
[* * *]. - (1) Where cesses or local rates arc assessed and are payable in any area in respect of any estate on the date immediately preceding the date of vesting, the land revenue payable in accordance with the provisions of this Act by a bhumidhar [* * *] on the date of vesting shall [* * *] be deemed to be included the cesses and local rates to the extent, hut not more, levied with respect to the land in his holding on the thirtieth day of June, 1949.
(2) Nothing in sub-section (1) shall be construed as entitling any local authority to impose on account of cesses and local rates the amount so included in the land revenue.
Where a[bhumidhar with non-transferable rights] surrenders a part only of his holding under Section 183, the amount of land revenue payable by him shall be reduced on such principles as may be prescribed.
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(1) The State Government may, at any time not earlier than [twenty years] from the commencement of this Act, direct a settlement (hereinafter referred to as the original settlement) of the land revenue of any district or part thereof:
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The State Government may, at any time after a period of [twenty years] from the original settlement, direct a fresh settlement (hereinafter referred to as revision settlement) revenue of any district or part thereof:
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As soon as may be after the State Government has decided that any district or part thereof should be brought under a fresh settlement, there shall be published a notification to that effect and thereupon the district or part shall until a notification declaring settlement operation thereto be closed is published, be held to be under settlement.
The State Government may appoint an officer (hereinafter called the Settlement Officer) to be incharge of the settlement of any district oi part thereof and as many Assistant Settlement Officers as it may deem lit; and such officers shall, so long as the district or the part is under settlement, exercise the powers conferred upon them by this Act.
Where a district or any part thereof is under settlement, the State Government may, by notification in the Gazette, transfer to the Settlement Officer, the duty of maintaining the maps and the field books and preparing the annual register and the Settlement Officer shall thereupon possess all the powers conferred on the Collector under Chapter III of the United Provinces Land Revenue Act, 1901.
A settlement shall remain in force for a period of [twenty years].
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Provided [* * *] that when in the opinion of the State Government, a revision settlement is inexpedient or when such settlement has, for any cause, been delayed, the State Government may extend the term of the settlement for the time being in force by such period as it may think fit.
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When any district or a part thereof has been brought under settlement, the Settlement Officer or an Assistant Settlement Officer shall inspect every village under settlement and shall in such manner and on such principles as may be prescribed, divide the district or the part into soil classes and assessment circles.
The Settlement Officer, shall inquire into the case of all lands released conditionally or for a term, from the payment of revenue and shall assess such lands if it appears to him that the conditions have been transgressed or the term has expired.
(1) Any person claiming land free of revenue not recorded as revenue-free shall be bound to prove his title to hold such land free of revenue.
(2) If he proves his title to the satisfaction of the Settlement Officer, the case shall be reported to the State Government whose orders thereon shall be final.
(3) If the title is not so proved, the Settlement Officer shall proceed to assess the land and to make the settlement of it with the person entitled to the land.
The land which shall ordinarily be assessed to land revenue shall, except as hereinafter excepted, be the aggregate holding area of bhumidhars [* * *] in a village in the year of record.
Exceptions. - (1) Land occupied by buildings which are not improvements;
(2) Khalihans;
(3) grave-yard and cremation grounds; and
(4) such other lands as may be prescribed.
(1) In assessing the revenue payable for a holding in an assessment circle, the Settlement Officer shall have regard to the estimated average surplus produce of such holding remaining after deducting the ordinary expenses of cultivation as ascertained or estimated in such manner as may be prescribed and the revenue shall be such percentage of the surplus produce as may be fixed by a resolution of the Uttar Pradesh Legislature passed after considering the recommendation of the State Government, which shall be laid before the Legislature at any time after the expiry of one month of their publication in the Gazette and in the assessment circle in such other, manner as may be prescribed.
(2) The percentage of revenue to the surplus produce shall vary according to a graduated scale prescribed by the State Government being largest on holding
When the Settlement Officer has completed the assessment of any village, he shall publish his proposals in such manner as may be prescribed and shall consider any objections which may be preferred and shall then submit his proposals together with the objections, if any, and such orders as he may have passed thereon, to the prescribed authority, who shall forward them to the State Government with their comments.
(1) The State Government shall consider the material mentioned in Section 265 and the comments of the Prescribed Authority and then pass such orders as it may think fit.
(2) The order of the State Government under sub-section (1) shall not be called in question in any Court.
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If during the currency of a settlement a [bhumidhar with transferable rights] transfers a part of his holding, the land revenue payable in respect of each portion of the holding shall be determined by the Collector in the manner prescribed.]
(1) Notwithstanding anything contained in this Act, the State Government may, on the occurrence of an agricultural calamity affecting the crops of any village or part of a village, remit or suspended for any period the whole or any part of the revenue of any holding affected by such calamity.
(2) Whenever the State Government takes action under sub-section (1) it may remit or suspend the whole or any part of the rent payable by an [asami or adhivasi, as the case may be] in occupation of such land.
[(3) The State Government may likewise remit or suspend for any period the rent payable by an asami to a [Gaon Sabha].]
Where the payment of rent has been suspended under Section 268, the period during which the suspension continues shall be excluded in computing the period of limitation allowed for a suit for the recovery of the rent.
(1) An order passed under Section 268 shall not be questioned in a Civil or Revenue Court.
(2) No suit or application shall lie for the recovery of any sum the payment of which has been remitted under Section 268, or, during the period of suspension, of any sum the payment of which has been suspended under the provisions of that section.
Notwithstanding anything containing in this Act or in any other enactment for the time being in force the State Government, if it is satisfied that there has been a substantial decline in the price of agricultural produce which is likely to continue for some time may, by notification in the Gazette, direct a revision of settlement in any area.
At any time after the issue of notification under Section 271, the State Government may appoint in such area any officer with the powers of a Settlement Officer subject to such restrictions and conditions as it may think fit, but not so as to enable him to enhance the land revenue thereof.
The Collector shall inquire annually into the case of all lands released conditionally or for a term from the payment of land revenue.
If the condition is broken, he shall report the case to the [Land Reforms Commissioner] for order; and if the period has expired or if the grantee, where the grant is for the life of the grantee has died, he shall assess the land and report his proceedings to the Land Reforms Commissioner for sanction.
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Notwithstanding anything in this Act, where the amount payable by any person on account of land revenue or any instalment thereof involves a fraction of five paise, such fractional amount shall be rounded off to the nearest multiple of five paise.]
The State Government may make such arrangement and employ such agency for the collection of land revenue as it may deem fit.
(1) The State Government may, by general or special order published in the Gazette, charge a [Land Management Committee] with the duty of collecting and realising the land revenue and such other dues as may be prescribed, for and on behalf of the State Government in the area for which it is established or any part thereof.
(2) Where a [Land Management Committee] has been so charged under subsection (1), it shall be [its duty] to collect and realise in accordance with the provisions of this Act or any other law for the time being in force the land revenue and the dues aforesaid payable to the State Government from time to time in respect of the land comprised in its area.
Where a [Land Management Committee]has been charged with the duty of collecting and realising the land revenue or other dues under Section 276-
(a) every bhumidhar [* * *] shall, without prejudice to the provisions of Section 243, be liable to the [Land Management Committee]for the payment of the land revenue or other dues for the time being payable by such bhumidhar [* * *];
(b) the amount of land revenue or other dues collected or realised by [any member including Chairman and Vice-Chairman or Officer of the [Land Management Committee] and not paid to the State Government may, without prejudice to his liability under any other law for the time being in force, be realised as arrears of land revenue from him or his property in the hand of his legal representatives; and
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A statement of account certified by the tahsildar shall for the purposes of this chapter, be conclusive evidence of the existence of the arrears of land revenue of its amount and of the person who is the defaulter:
Provided that in any village in respect of which an order under Section 276 has been made such statement may, in respect of an individual defaulter, be certified by the [Land Management Committee],
[(1)] An arrear of land revenue may be recovered by anyone or more of the following processes:
(a) by serving a writ of demand or a citation to appear on any defaulter;
(b) by arrest and detention of his person;
(c) by attachment and sale of hi s movable property including produce;
(d) by attachment of the holding in respect of which the arrear is due;
(e) [by lease or sale] of the holding in respect of which the arrear is due;
(f) by attachment and sale of other immovable property of the defaulter, [and]
[(g) by appointing a receiver of any property, movable or immovabl
(1) As soon as an arrear of land revenue has become due a writ of demand may be issued by the tahsildar on the defaulter calling upon him to pay the amount within a time to be specified.
(2) In addition to or in lieu of a writ of demand the tahsildar may issue a citation against the defaulter to appear and deposit arrears due on a date to be specified.
Any person who has defaulted in the payment of an arrear of land revenue may be arrested and detained in custody up to a period not exceeding 15 days unless the arrears [including costs, if any, recoverable under sub-section (2) of Section 279], are sooner paid :
Provided that no woman or minor shall be liable to arrest or detention under this section :
[Provided further that no person shall be liable to arrest or detention for an arrear in respect of a holding of which he is not the bhumidhar [* * *] merely because of his joint responsibility for payment of land revenue under Section 243.]
(1) The Collector may, whether the defaulter has been arrested or not, attach and sell his moveable property.
(2) Every attachment and sale under this section shall be made according to the law in force for the time being for the attachment and sale of moveable property in execution of a decree of a civil court.
(3) In addition to the particulars mentioned in clauses (a) to (o) of [the proviso to sub-section (1) of Section 60] of the Code of Civil Procedure, 1908 (V of 1908), articles set apart exclusively for the use of religious worship shall be exempted from attachment and sale under this section.
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Where a Land Management Committee has been charged under Section 276 with the duty of collecting and realizing land revenue, the State Government may, by general or special order published in the Gazette authorize the Committee to recover the arrears by any one or more of the processes mentioned in clauses (a), (c), (d) and (e) of sub-section (1) of Section 279, and on being so authorized the Committee shall in making the recovery follow such procedure as may be prescribed.]
(1) The Collector may in addition to or instead of any of the other processes hereinbefore specified either of his own motion or on the application of tire Land Management Committee, attach the holding in respect of which an arrear is due.
(2) Where any holding is so attached the Collector may, notwithstanding anything contained in this Act, but subject to such conditions as may be prescribed, let out the holding, for such period not exceeding ten years commencing from the first day of July next following as he deems fit, to any person, other than the defaulter, who pays the whole of the arrear due on the holding and agrees to pay the same amount of land revenue during this period of the lease as has been payable by the defaulter in respect of the holding immediately preceding its attachment.
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Any person taking or retaining possession otherwise than in accordance with the provisions of this Act, of any land attached under this Chapter shall be liable to ejectment and to pay damages-
(a) in case of the land being let out or sold under Section 284, on the suit of the lessee or purchaser, as the case may be, and
(b) in any other case on the suit of the Collector or of the Land Management Committee according as the attachment is made by the Collector or the Committee.]
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(1) If any arrears of land revenue cannot be recovered by any of the processes mentioned in clauses (a) to (e) of Section 279, the Collector may realize the same [by attachment and sale of the interest of the defaulter in any other immovable property of the defaulter. [* * * ]
(2) Sums of money recoverable as arrears of land revenue but not due in respect of any specific land, may be recovered [by process]under this section from any immovable property of the defaulter [including any holding of which he is a bhumidhar, [* * *] or asami],
(1) Notwithstanding anything in this Act when [an arrears of revenue or any other sum recoverable as an arrear of revenue] is due, the Collector, may in addition to or instead of any of the processes hereinbefore specified, by order-
(a) appoint, for such period as he may deem fit, a receiver of any moveable or immovable property of the defaulter;
(b) remove any person from the possession or custody of the property;
(c) commit the same to the possession, custody or management of the receiver.;
(d) confer upon the receiver all such powers, as to bringing and defending suits and for the realization, management, protection, preservation and improvement of the property, the collection of the rents and profi
A bhumidhar [* * *] or a person appointed under Section 275 who has paid the arrears of revenue due on account of any tenure-holder may, in addition to any other mode of recovery open to him, within six months of the payment of such amount, apply to the Collector to recover such arrears on his behalf as if it were an arrear of land revenue payable to Government.
The Collector shall on receipt of such application satisfy himself that the amount claimed is due to such a person and may then proceed to recover, as if it were an arrear of revenue such amount with costs and interest from the said tenure-holder or any person in possession of his tenure.
The Collector shall not be a defendant to any suit in respect of the amount for the recovery of whic
(1) Whenever proceedings are taken under this Chapter against any person for the recovery of any [arrears of land revenue], [or for the recovery of any sum of money recoverable as [arrears of land revenue]] he may pay the amount claimed under protest to the officer taking such proceedings, and upon such payment, the proceedings shall be stayed and the person against whom such proceedings were taken may sue the State Government in the Civil Court for the amount so paid, and in such suit the plaintiff may, notwithstanding anything contained in Section 278, give evidence of the amount, if any, which he alleges to be due from him.
(2) No protest under this section shall enable the person making the same to sue in the Civil Court, unless it is made at the time of payment in writing and signed by such person or by an agent duly authorised in
The provisions of this Act with regard to the recovery of arrears of revenue shall apply to all arrears of revenue and sums of money recoverable as arrears of revenue due at the commencement of this Act.
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No payment on account of rent or other dues in respect of any land attached under this Chapter made after such attachment by the asami or any other person in possession thereof to any person other than the Collector shall be valid discharge.]
The provisions of Chapters IX and X of the United Provinces Land Revenue Act, 1901, as amended by this Act shall, insofar as they are not inconsistent with the provisions of this Act, apply to applications and proceedings made or taken under this Chapter.
(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) the procedure for reimbursement under Section 244 of the excess amount paid by a bhumidhar [* * * ];
[(aa) the authority which shall prepare and publish the list of tenure-holders entitled to the exemption mentioned in Section 247A, the particulars which shall be entered in such list, the manner of its publication, the dates before which it shall be published, the manner in which and the time within which objection may be made against any omission from or against the particulars entered in such list, a
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The State Government may, for the purposes of this Act, appoint-
(a) a Compensation Commissioner;
(b) Assistant Compensation Commissioners;
(c) Compensation Officers, and
(d) Rehabilitation Grants Officers.
(1) The Compensation Commissioner and the Assistant Compensation Commissioner shall perform such duties and exercise such powers of supervision and superintendence over the work of the Compensation Officers and Rehabilitation Grants Officers as may be prescribed.
(2) The Compensation Officers and the Rehabilitation Grants Officers shall exercise the powers and perform the duties conferred or imposed upon them by or under this Act or the rules framed thereunder.
The State Government may, by notification in the Gazette, delegate to any officer or authority subordinate to it, any of the powers conferred on it by this Act to be exercised subject to any restrictions and conditions as may be specified in the notification.
A Compensation Officer or a Rehabilitation Grants Officer shall have all such powers, rights and privileges as are vested in a civil court on the occasion of any action, in respect of the following matters:-
(a) the enforcing of the attendance of witness and examining them on oath, affirmation, or otherwise, and the issue of a commission or request to examine witnesses abroad;
(b) compelling anyone for production of any documents;
(c) the punishing of persons guilty of contempt;
and a summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a civil court for enforcing the attendance of witnesses and compelling the product
(1) Subject to any conditions or restrictions that may be prescribed, the Compensation Officer or the Rehabilitation Grants Officer may, by written order, require any person to produce such documents, papers and registers or to furnish such information as the Compensation Officer or the Rehabilitation Grants Officer may deem necessary for the proper exercise of his powers or the proper discharging of his duties under this Act.
(2) Every person required to produce any document, paper or register or to furnish an information under this section shall be deemed legally bound to do within the meaning of Sections 175 and 176 of the Indian Penal Code (XLV of 1860)
Subject to any conditions or restrictions that may be prescribed, any officer appointed under this Act may, for the purposes of this Act, enter at any time upon any land with such public .servants as he considers necessary, and make a survey or take measurements thereof or do any other act, which he considers to be necessary for carrying out any of his duties under this Act.
A proceeding before a Compensation Officer or Rehabilitation Grants Officer shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for the purposes of Section 196 of Indian Penal Code (XLV of 1860)
Any order for the payment of costs made by a Compensation Officer or a Rehabilitation Grants Officer under this Act may be enforced by the person entitled to realize the amount by an application accompanied with a copy of the order presented to the Munsif having jurisdiction who shall proceed to execute it as if it were an application for execution of a decree for the payment of money passed by such Munsif.
Any notice or other document required or authorized to be served under this Act may be served either -
(a) by delivering it to the person on whom it is to be served, or ;
(b) by leaving it at the usual or last known place of abode of that person, or;
(c) by sending it in a registered letter addressed to that person at his usual or last known place of abode, or;
(d) in case of an incorporated company or body, by delivering it or sending it in a registered letter addressed to the secretary or other principal functionary of the company or body at its principal office, or
(e) in such other manner as may be laid down in the Code of Civil Procedure, 1908 (V of 1908
All documents, statements and registers maintained under this Act or the rules framed thereunder shall be open to inspection during such hours and subject to such conditions and payment of fees as may be prescribed, and any person shall, on payment of such fees, be entitled to be furnished with a copy of, or any portion of any such document, statement or register.
(1) On the application of any of the parties and after notice to the other parties and after heating such of them as desired to be heard, or of his own motion without such notice, the District Judge may, at any stage withdraw any proceeding pending before any Compensation Officer or Rehabilitation Grants Officer within his jurisdiction and transfer the same for disposal to any other Compensation Officer or Rehabilitation Grants Officer, as the case may be, within his jurisdiction and competent to dispose of the same.
(2) Where any proceeding has been transferred under sub-section (1), the officer, who thereafter disposes of such proceeding, may, subject to any special directions in the order of transfer, either re-try it or proceed from the point at which it was transferred.
Save as otherwise provided by or under this Act, no suit or other proceeding shall lie in any civil court in respect of-
(a) any entry in or omission from a Compensation Assessment Roll, or
(b) any order passed under Part 1 of this Act; or
[(c) the assessment or collection of land revenue under Chapter X or the recovery of any sum of money recoverable as arrears of land revenue.]
(1) Except as provided by or under this Act no court other than a court mentioned in Column 4 of Schedule II shall, notwithstanding anything contained in the Civil Procedure Code, 1908 (V of 1908), take cognizance of any suit, application, or proceedings mentioned in Column 3 thereof [,] [or of a suit, application or proceedings based on a cause of action in respect of which any relief could be obtained by means of any such suit or application :]
[Provided that where a declaration has been made under Section 143 in respect or any holding or part thereof, the provisions of Schedule II insofar as they relate to suits, applications or proceedings under Chapter VIII shall not apply to such holding or part thereof.]
[Explanation. - If the cause of ac
(1) If in any suit, relating to land held by a bhumidhar, instituted in any court, the question arises or is raised whether the land in question is or is not used for purposes connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming, and a declaration has not been made in respect of such land under Section 143 or 144, the court shall frame an issue on the question and send the record to the Assistant Collector in-charge of the sub-division for the decision of that issue only:
Provided that where the suit has been instituted in the court of Assistant Collector-in-charge of the sub-division, it shall proceed to decide the question in accordance with the provisions of Section 143 or 144, as the case may be.
[* * *]
[* * *]
[* * *]
(1) The Board or the Commissioner or the Additional Commissioner may call for the record of any suit or proceeding [other than proceeding under sub-section (4-A) of Section 198] decided by any court subordinate to him in which appeal lies or where an appeal lies but has not been preferred, for the purpose of satisfying himself as to the legality or propriety of any order passed in such suit or proceeding and if such subordinate court appears to have;
(a) exercised a jurisdiction not vested in it by law; or
(b) failed to exercise a jurisdiction so vested, or
(c) acted in the exercise of jurisdiction illegally or with material irregularity;
the Board or the Commissioner or the Additional Commissioner, as
[* * *]
(1) No officer or servant of the Government shall be liable in any civil or criminal proceeding in respect of any act done or purporting to be done under this Act or under any rules made thereunder, if the act was done in good faith and in the course of execution of the duties or the discharge of functions, imposed by or under this Act.
(2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder
The payment of compensation or of rehabilitation grant in accordance with the provisions of this Act shall be full discharge of any liability of the State Government to make such payment to the person as may have a rightful claim but shall not prejudice any right in respect of such compensation or grant which any other person may be entitled by due process of law to enforce against the person to whom payment is so made.
(1) Notwithstanding anything contained in any law, custom, usages or agreement the right of pre-emption shall not exist in respect of any sale of any immovable property in the area to which the Act applies whether made voluntarily or under order of court.
(2) All suits for pre-emption pending in respect of any such property in any court whether of the first instance or appeal or revision shall stand dismissed but award of the costs incurred in any such suit be in the discretion of the court.
For the purposes of computing the area fixed under any of the provisions of this Act. 1½ acres shall count as 1 acre in the following areas:
(a) Bundelkhand;
(aa) [* * * ];
(b) trans-Jamuna portions of the Allahabad, Etawah, Agra and Mathura Districts;
(c) the portion of the Mirzapur District south of Kaimur Range;
(d) Tappa Upraudh and Tappa Chaurasi (Balai Pahar) of Tahsil Sadar in district Mirzapur;
(e) portion of tahsil Robertsganj, district Mirzapur which lies north of Kaimur Range; and
(f) pargana Sakteshgarh and the villages mentioned in lists "A" and "B" of Sched
(1) The State Government shall, for the purpose of bringing the provisions of any Act in accordance with the provisions of this Act by an order adapt, modify or amend or repeal the provisions of any such Act and the Act so adapted, modified, amended or repealed shall have effect as if it was adapted, modified, amended or repealed by this Act.
(2) The draft of every such order shall be laid before the State Legislature and the procedure in regard to the consideration and passing of a Bill shall as far as may be, apply to the consideration, amendment and passing of the said order.
(3) Every such order shall have effect from the date of commencement of this Act.
With effect from the date of [vesting] in respect of any area-
(a) the enactments mentioned in List I of Schedule III shall be and are hereby repealed in their application to such area;
(b) so much of any other enactments as is inconsistent with the provisions of Chapters VIII to X of this Act shall be deemed and is hereby repealed [in its application to such area];
(c) the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), shall [in its application to such area] be deemed to be and is hereby amended to the extent mentioned in Column 3 of the List II of the Schedule aforesaid :
Provided that where under this Act any interpretation has to be made, action taken or thing done in accordance wit
(1) Where any orders have been made, proceedings taken, declarations granted, or jurisdiction exercised under the provisions of the U.P. Agricultural Tenants (Acquisition of Privileges) Act, 1949 (U.P. Act X of 1949), the provisions of the said Act shall, notwithstanding anything contained therein, be so read and construed as if the amendment mentioned in Schedule IV had been made therein and were in force from the commencement of the said Act.
(2) For the removal of doubts it is hereby declared that all orders made, proceedings taken, declarations granted and jurisdictions exercised, under any Act at any time during the continuance of the said Act, shall be good and valid in-law as if the said Act, as amended by sub-section (1) had been in force at all material dates.
Unless otherwise expressly provided by or under this Act, the provisions of the Indian Court Fees Act, 1870 (VII of 1870), the Code of Civil Procedure, 1908 (V of 1908), and the [Limitation Act, 1963 (XXXVI of 1963)], [including Section 5 thereof] shall apply to the proceedings under this Act.
(1) Whereas difficulties may arise in relation to the transition from the provisions of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), or the United Provinces Tenancy Act, 1939 (U.P. Act XVII of 1939), or any other law relating to land tenure to the provisions of this Act:
The State Government may, for the purpose of facilitating the said transition, by order-
(a) direct that this Act, any provisions of the United Provinces Land Revenue Act, 1901 (U.P. Act III of 1901), the United Provinces Tenancy Act, 1939) (U.P. Act XVII of 1939), or any other law relating to land tenure shall during such limited period and in such areas as may be specified in the Order, have effect subject to such adaptations and modifications as may be
(1) The State Government shall be deemed to be a party in every proceedings before the Compensation Officer or the Rehabilitation Grants Officer under Chapters III to V and every notice to be served or intended-to be served on the State Government may be served on the Collector or an authority nominated by the Collector.
(2) Notwithstanding anything contained in the said chapters or clause (d) of sub-section (1) of Section 344, the period of limitation for filing of an appeal by or on behalf of the State Government shall be ninety days from the date of the order appealed against.
Notwithstanding anything in any law if the State Government so prescribes it shall be made a party in any suit or class of suits instituted by or against the [Gaon Sabha]or local authority under this Act [* * *].
(1) Every power to make rules given by this Act shall be deemed to include the powers to provide for-
(a) imposing limits of time within which things to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed;
(b) the procedure to be followed in [suits, applications appeals and other proceedings including proceedings for review or revision]under this Act, in cases for which no specific provision has been made therein;
(c) the duties of any officer or authority having jurisdiction under this Act, the procedure to be followed by such officer and authority;
(d) the time within which [suits], applications and appeals may be prese
(Section 98)
| Serial No. | Land revenue assessed or dee Sch.II Schedule II(Section 331)
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