Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950 1 of 1951 [26 January 1951] CONTENTS PART 1 :- PART I CHAPTER 1 :- PRELIMINARY 1. Short Title, Extent And Commencement 2. Modification Of The Act In Its Application To Certain Areas 2A. Extension Of The Act To New Territories 3. Definitions CHAPTER 2 :- ACQUI SI T I ON OF THE INTERESTS OF INTERMEDIARIES AND ITS CONSEQUENCES 4. Vesting Of Estates In The State 5. Notification To Be Published In The Gazette 6. Consequences Of The Vesting Of An Estate In The State 7. Saving In Respect Of Certain Rights 8. Contract Entered Into After August 8,1946 To Become Void From The Date Of Vesting 9. Private Wells, Trees In Abadi And Buildings To Be Settled With The Existing Owners Or Occupiers Thereof 10. Tenants Of Sir 11. Sir Or Khudkasht Allotted In Lieu Of Maintenance Allowance 12. Thekedars To Be Hereditary Tenants In Certain Circumstances 13. Estate In Possession Of A Thekedar 14. Estate In Possession Of A Mortgagee With Possession 15. Demarcation Of Sir, Khudkasht, Etc. In Joint Estates 16. Occupant Of Land In Which No Superior Rights Exist To Be A Hereditary Tenant 17. Sir Land Held By Tenant On Patta Dawami Or Istamrari 18. Settlement Of Certain Lands With Intermediaries Or Cultivators As Bhumidhar 19. Land In The Holding To Be Settled With The Tenants Thereof As Sirdar 20. A Tenant Of Sir, Sub-Tenant Or An Occupant To Be An Adhivasi 2 1 . Non-Occupancy Tenants, Sub-Tenants Of Grove-Lands And Tenants Mortgagees To Be Asamis 2 2 . Variation In Rent On Or After July 1,1948, Not To Be Recognized 23. Transfer By Way Of Sale Or Gift Not To Be Recognized 24. Contract Or Agreement To Defeat Provisions Of This Act To Be Void 25. Collector To Take Over Estates 26. Power To Make Rules 26A. Definitions 26B. Application Of The Act To Evacuee Property CHAPTER 3 :- ASSESSMENT OF COMPENSATION 27. Intermediary Entitled To Receive Compensation For Acquisition Of His Estate 28. Date From Which Compensation Shall Be Due 29. Interim Compensation 30. Adjustment Of Interim Compensation 3 1 . Proceedings Relating To Assessment And Payment Of Compensation 32. Presumption Regarding Entries In The Record-Of-Rights 3 3 . Correction Of Clerical Error Or Arithmetical Mistake In The Record Of Rights 34. Right To Establish Claim In The Civil Court 35. Pending Suit Or Proceeding Regarding Entries In The Record Of Rights 3 6 . Plaint Or Objection To Form Part Of The Record Of Compensation Proceedings 37. Every Intermediary To Be Treated As A Separate Unit 38. Statement Of Gross Assets Of A Mahal 39. Gross Assets Of A Mahal 40. Draft Compensation Assessment Roll 4 1 . Statement And The Compensation Assessment Roll To Be Signed By The Compensation Officer 42. Gross Assets Of An Intermediary 43. Gross Assets Of The Estate Held By A Thekedar 44. Net Assets Of An Intermediary 4 5 . Calculation Of Gross Assets And Net Assets Of Under- Proprietors, Sub-Proprietors, Permanent Tenure-Holders And Permanent Lessees In Avadh 46. Preliminary Publication Of The Draft Compensation Assessment Roll 47. Date For Hearing Objections 48. Hearing And Deciding Of Objections 49. Order Under Section 48 To Be A Decree Of A Civil Court 50. Appeal To The District Judge 50A. Power To Transfer Appeals To Civil Judges 51. Appeal To The High Court 52. Final Compensation Assessment Roll 53. Copy Of The Roll To Be Supplied To The Intermediary 54. Amount Of Compensation 55. Amount Of Compensation Payable To A Thekedar 56. Procedure Under Section 55 57. Order Under Section 55 To Be A Decree Of A Civil Court 57A. Power To Transfer Appeals To Civil Judges 58. Appeal To The High Court 59. Court-Fee Payable On A Memorandum Of Appeal 60. Amount Of Compensation To Be Entered In The Roll 61. Correction Of Bona Fide Mistakes 62. Injunction By A Civil Court Barred 63. Definition Of "Person Interested" 64. Power To Make Rules CHAPTER 4 :- PAYMENT OF COMPENSATION 6 5 . Compensation Entered In The Roll To Be Paid To The Intermediary 66. Intermediary Entered In The Roll To Receive Compensation 67. Compensation Payable To The Legal Representative 68. Form Of Satisfaction Of Compensation 6 9 . Deposit Of The Compensation Money With Bank Or Other Authority In Certain Cases 70. Compensation Money To Be Placed At The Disposal Of The Court Or Authority 7 1 . Settlement Of The Amount Of Compensation Due To Guzaredars 72. Power To Make Rules CHAPTER 5 :- REHABILITATION GRANT 73. Payment Of Rehabilitation Grant 74. Date From Which The Grant Shall Be Payable 75. Legal Representatives Entitled To Receive The Grant 76. Waqfs, Trusts Or Endowments To Be Classified 77. Waqf, Trust Or Endowment Created On Or After August 8,1946, Not To Be Recognised 78. Intermediary Entitled To Receive The Rehabilitation Grant 79. Application For Rehabilitation Grant 79A. Application By The Collector In Certain Cases 80. Contents Of The Application Under Section 79 81. Verification And Signing Of The Application Under Section 79 82. Filing Of Affidavit With The Application Under Section 79 83. Penalty For False Statement In The Application 84. Filing Of Application Under Section 79 85. Date Of Hearing Of The Application 86. Objections On The Application Under Section 79 87. Registration Of Objections And Notice To Parties 88. Investigation And Disposal Of Objections 89. Management Charges 90. Inquiry Into The Validity Of Transfer Or Partition In Respect Of Estate 91. Order Disposing Of The Objections 92. Statement Of Estates 93. Statement In Respect Of A Waqf, Trust Or Endowment 94. Principles For Classification Of The Property And Apportionment Of Net Income Under Section 93 95. Apportionment Of Net Assets Of The Estates 96. Determination Of Land Revenue Of Estates Used For Religious Or Charitable Purposes And For Other Purposes 97. Determination Of The Amount Of Rehabilitation Grant 98. Amount Of The Grant 99. Amount Of Rehabilitation Grant In The Case Of A Waqf, Trust Or Endowment 100. Rehabilitation Grant In The Case Of Certain Classes Of Intermediaries 100A. Special Provision For Re-Determination Of Annuity, To Certain Waqfs, Trusts And Endowments 100B. Special Relief To Certain Waqfs, Trusts And Endowments 101. Appeal 101A. Power To Transfer Appeals To Civil Judges 102. Revision 103. "Land Revenue" Defined 104. Procedure For Payment Of The Grant 105. Power To Make Rules CHAPTER 6 :- MINES AND MINERALS 106. Working Of Mines To Be Governed By This Chapter 107. Mines Worked By The Intermediary 108. Subsisting Leases Of Mines And Minerals 109. Buildings And Lands Appurtenant To Mines 110. Mines Tribunal 111. Compensation For Premature Termination Of Lease Of Mines And Minerals 112. Power To Make Rules PART 2 :- PART II CHAPTER 7 :- G A O N SABHAS AND LAND MANAGEMENT COMMITTEES 113. Omitted 114. Omitted 115. Omitted 116. Omitted 117. Vesting Of Certain Lands Etc., In Gaon Sabha And Other Local Authorities 117A. Further Provision For Exercise Of Further Extra-Territorial Jurisdiction By Gaon Sabha Or Other Local Authority 118. Omitted 119. Vesting Of Certain Hats, Bazars, Melas And Private Ferries, Etc., In The Zila Parishad Or Other Authority 120. Omitted 121. Omitted 122. Omitted 122A. Superintendence, Management And Control Of Land, Etc. By The Land Management Committee 122B. Powers Of The Land Management Committee And The Collector 122C. Allotment Of Land For Housing Site For Members Of Scheduled Castes, Agricultural Labourers, Etc 123. Certain House Sites To Be Settled With Existing Owners Thereof 123A. Penalty For Causing Loss, Waste Or Misapplication Of Money Or Property Of The Gaon Panchayat 124. Gaon Sabha Fund 125. Gaon Sabha Fund To Be Utilized In Connection With This Act 125A. Consolidated Gaon Sabha Fund 126. Gaon Panchayat Or The Land Management Committee To Carry On Orders And Directions Of The State Government 127. Alternative Arrangement For Carrying On The Work Of The Gaon Panchayat Or The Land Management Committee In Certain Circumstances 127A. Omitted 127B. Panel Lawyers 127C. Transitional Provisions In Relation To Gaon Sabha 128. Power To Make Rules CHAPTER 8 :- TENURE 129. Classes Of Tenure 129A. Section 129A 129B. Section 129B 130. Bhumidhar With Transferable Rights 131. Bhumidhar With Non-Transferable Rights 131A. Bhumidhari Rights In Gaon Sabha Or State Government Land In Certain Circumstances 1 3 1 B . Bhumidhar With Non-Transferable Rights To Become Bhumidhar With Transferable Rights After Ten Years 132. Lands In Which Substituted By U. P. Act No. 8 Of 1977 (W.E.F. 28-1-1977).[Bhumidhari] Rights Shall Not Accrue 133. Asami 133A. Government Lessees 134. Omitted 135. Omitted 136. Omitted 137. Cancellation Of Declaration 137A. Omitted 138. Omitted 139. Omitted 140. Refund Of The Amount Deposited 140A. Payment Of Compensation To The Landholder 141. Omitted 142. Right Of A Bhumidhar To The Exclusive Possession Of All Land In His Holding 143. Use Of A Holding For Industrial Or Residential Purposes 144. Use Of Land For Agricultural Purposes 145. Registration Of Declaration Granted Under Sections 143 And 144 146. Right Of An Asami For Exclusive Possession Of Land In His Holding 147. Omitted 148. Omitted 149. Omitted 150. Omitted 151. Omitted 152. Bhumidhari Interest When Transferable 152A. Section 152A 153. Interest Of An Asami Not Transferable 154. Restriction On Transfer By A Bhumidhar 154A. Foreign National Not To Acquire Land 155. Mortgage Of Land By A Bhumidhar 156. Letting Of Land 157. Lease By A Disabled Person 157A. Restrictions On Transfer Of Land By Members Of Scheduled Castes 157AA. Restrictions On Transfer By Members Of Scheduled Castes Becoming Bhumidhar Under Section 131-B 157B. Restrictions On Transfer Of Land By Members Of Scheduled Tribes 157BB. Restrictions On Transfer By Members Of Scheduled Tribe Becoming A Bhumidhar Under Section 131-B 158. Registration Of Lease 159. Failure To Register The Lease Under Section 158 160. Successor-In-Interest Bound By A Lease 161. Exchange 162. Land Revenue Not Affected By Exchange 163. Section 163 164. Transfer With Possession By A Bhumidhar To Be Deemed A Sale 165. Effects Of Lease In Contravention Of Section 157 166. Transfer Made In Contravention Of This Act To Be Void 167. Consequences Of Void Transfers 168. Omitted 168A. Omitted 169. Bequest By A Bhumidhar 170. Bequest By A Sirdar Or Asami 171. General Order Of Succession 172. Succession In The Case Of A Woman Holding An Interest Inherited As A Widow, Mother, Daughter, Etc 172A. Omitted 173. Omitted 174. Succession To A Woman Holding An Interest Otherwise 175. Passing Of Interest By Survivorship 176. Holding Of A Bhumidhar Divisible 177. One Suit For Division Of Several Holdings 178. Omitted 179. Omitted 180. Omitted 181. Omitted 182. Omitted 182A. Omitted 182B. Section 182B 183. Surrender Of Holding By Bhumidhar With Non-Transferable Rights 184. Surrender Of Holding By Asami 185. Notice Of Surrender 186. Abandonment 187. Admission Of Asami To The Holding Of A Disabled Bhumidhar With Non-Transferable Rights 187A. Section 187A 188. Entry Upon An Abandoned Holding 189. Extinction Of The Interest Of A Bhumidhar With Transferable Rights 1 9 0 . Extinction Of The Interest Of A Bhumidhar With Non- Transferable Rights 191. Extinction Of The Interest Of Asami 192. Merger 193. Rights And Liabilities Of A Sirdar Or Asami On Extinction Of His Interest 194. L an d Management Committee To Take Over Land After Extinction Of Interest Therein 195. Admission To Land 196. Omitted 197. Admission To Land Mentioned In Section 132 198. Order Of Preference In Admitting Persons To Land Under Sections 195 And 197 198A. Restoration Of Possession To The Allottees Of Gaon Sabha Or The Government Lessee 199. Eviction Of Bhumidhar 200. Eviction Of Asami 201. Eviction On The Suit Of Gaon Sabha 202. Procedure Of Ejectment Of Asami 203. Right To Crops Fnd Trees When Ejectment Takes Effect 204. Failure To Institute A Suit For Ejectment Under Section 202 Or Execute The Decree Obtained Thereunder 205. Consequences Of Ejectment Under Section 202 206. Ejectment For Use Of Land In Contravention Of The Provision Of This Act 207. Decree For Ejectment Under Section 206 208. Suit For Compensation And Repair Of The Waste Or Damage 209. Ejectment Of Persons Occupying Land Without Title 210. Consequences Of Failure To File Suit Under Section 209 211. Power To Evict Unauthorised Occupants Of Land Held By A Member Of Scheduled Tribe 211A. Omitted 212. Section 212 212A. Summary Procedure For Ejectment From Land Of Public Utility 212B. Remedies For Wrongful Ejectment 212C. Land-Holder To Be Impleaded As Defendant 213. Rent Payable By An Asami 214. Rent Not To Be Varied 215. Suit For Fixation Of Rent 216. Hypothecation Of Produce Towards Payment Of Rent 217. Rent How Payable 218. Commutation Of Rent 219. Instalment For Payment Of Rent 220. Application For Payment Of Arrears Of Rent And Ejectment In Default 221. Issue Of Notice To Asami Upon Application Under Section 220 222. Order For Payment On Failure To Comply With The Notice Under Section 221 223. Mode Of Execution Of Decree Or Order For The Payment Of Arrears Of Rent 224. Interest On Arrears Of Rent 225. Recovery Of Arrears Of Rent, Sayar And Other Dues In Respect Of Government Property And Gaon Sabha Property 225A. Powers To Write Off Irrecoverable Arrears Of Rent, Sayar Or Other Dues 226. Remission For Calamity By Court Decreeing Claim For Arrears 227. Suit For Arrears Of Irrigation Dues 228. Vesting Of Trees Existing On The Boundary Of The Holding Of A Tenant 229. Declaratory Suit 229A. Trespass Of Holding Or Land Of Gaon Sabha Or Local Authority 229B. Declaratory Suit By Person Claiming To Be An Asami Of A Holding Or Part Thereof 229C. Suit For Declaration Of Rights Of A Person Claiming To Be An Asami 229D. Provision For Injunction 230. Power To Make Rules CHAPTER 9 :- ADHIVASIS 231. Rights Of An Adhivasi 232. Application For Possession By Adhivasi 232A. Rights Of An Adhivasi For Ejectment Under Section 209 233. Rent Payable By An Adhivasi 233A. Commutation Of Rent 234. Ejectment Of Adhivasi 234A. Application Of Sections 212-B, 212-C And 229-B To 229-D In The Case Of An Adhivasi 235. Omitted 236. Omitted 237. Omitted 238. Omitted 239. Omitted 240. Power To Make Rules 240A. Acquisition Of Rights, Title And Interest Of Land-Holder In The Land Held By Adhivasi 240B. Consequences On Acquisition Of Rights, Title And Interest Under Section 240-A 240C. Land-Holder Entitled To Receive Compensation 240D. Compensation Statement 240E. Compensation To The Land-Holder Or An Adhivasi 240F. Preliminary Publication Of Statement 240G. Filing Of Objections 240H. Disposal Of Objections 240HH. Question Of Title In Respect Of Land In Areas Under Consolidation Operations To Be Referred To The Arbitrator 240I. Appeal To The Collector 240J. Final Publication Of The Statement 240K. Payment Of Compensation 240L. Provisions Of This Chapter Not To Apply To Evacuee Property 240M. Power To Make Rules CHAPTER 10 :- LAND REVENUE 241. Land Revenue Assessed On A Village 242. Land Held By Bhumidhar Liable To Payment Of Land Revenue 243. Liability Of The Bhumidhar For Payment Of Land Revenue Assessed On The Village 244. Payment Of Land Revenue On Behalf Of Others 245. Land Revenue Payable By Bhumidhars 246. Procedure For Determination Of Land Revenue 247. Rates Of Land Revenue To Continue Until Duly Altered 247A. Exemption Of Land Revenue In Certain Cases 247B. Omitted 248. Dates And Instalments For Payment Of Land Revenue Under Sections 245 And 246 249. Cesses Or Local Rates Payable By Bhumidhar 250. Reduction Of Land Revenue On Surrender Of A Part Of A Holding By A Bhumidhar With Non-Transferable Rights 251. Omitted 252. Original Settlement Of Land Revenue 253. Revision Settlement Of Land Revenue 254. Notification As To Settlement Operations 255. Appointment And Powers Of Settlement Officers 256. Transfer Of Duties Of Collector To Settlement Officers 257. Terms Of The Settlement 258. Omitted 259. [Omitted By U. P. Act 34 Of 1974]. 260. Procedure To Be Adopted By A Settlement Officer 261. Assessment Of Revenue On Revenue-Free Lands In Certain Cases 262. Title To Hold Land Free Of Revenue 263. Land Revenue To Be Assessed On The Aggregate Holding Area In A Village 264. Principles Of Assessment Of Land Revenue 265. Assessment Proposals 2 6 6 . Orders Of The State Government On The Assessment Proposals 267. Omitted By U. P. Act 35 Of 1976 267A. Power To Determine Revenue On Portions Of A Holding 268. Remission Or Suspension Of Land Revenue On The Occurrence Of An Agricultural Calamity 269. Exclusion Of The Period Of Suspension Under Section 268 For Limitation Purposes 270. Order Under Section 268 Not To Be Questioned In Courts 271. Revision Of Settlement On Account Of Decline In Prices Of Agricultural Produce 272. Appointment Of Officer For Settlement Under Section 271 273. Annual Enquiry Into Revenue Free Grants 274. Omitted By U. P. Act 34 Of 1974 274A. Rounding Off In Multiples Of Five Paise 275. Arrangements For Collection Of Land Revenue 276. Collection Of Land Revenue By Gaon Panchayat 2 7 7 . Consequences Of Collection Of Land Revenue By Land Management Committee 278. Certified Account To Be Evidence As To Arrears Of Land Revenue 279. Procedure For Recovery Of An Arrear Of Land Revenue 280. Writ Of Demand And Citation To Appear 281. Arrest And Detention 282. Attachment And Sale Of Moveable Property 283. Recovery Proceedings By Land Management Committee 284. Attachment, Lease And Sale Of Holding 284A. Ejectment Of Persons Occupying The Attached Land Without Title 285. Omitted By U. P. Act No. 12 Of 1965 286. Power To Proceed Against Interest Of Defaulter In Other Immovable Property 286A. Appointment Of Receiver 287. Recovery Of Arrears Paid By A Person Appointed Under Section 275 287A. Payment Under Protest And Suit For Recovery 288. Provisions Applied To Arrears Due At The Commencement Of Act 289. Omitted 290. Omitted 291. [Omitted By U. P. Act No. 12 Of 1965]. 292. Payment Of Rent Or Other Dues In Respect Of Attached Land 293. Provisions Of Act Iii Of 1901 Applied To Applications And Proceedings Under This Chapter 294. Power To Make Rules CHAPTER 11 :- CO-OPERATIVE FARMS 295. Section 295 296. Section 296 297. Section 297 298. Section 298 299. Section 299 300. Section 300 301. Section 301 302. Section 302 303. Section 303 304. Section 304 305. Section 305 306. Section 306 307. Section 307 308. Section 308 309. Section 309 310. Section 310 311. Section 311 312. Section 312 313. Section 313 314. Section 314 315. Section 315 316. Section 316 317. Section 317 318. Section 318 CHAPTER 12 :- MISCELLANEOUS 319. Appointment Of Officers And Authorities For This Act 320. Powers And Duties 321. Delegation Of Powers 322. Powers To Enforce Attendance Of Witnesses And In Certain Other Matters 323. Powers To Require Production Of Documents, Etc 324. Powers To Enter Upon Land And To Make Survey, Etc 3 2 5 . Proceedings Before The Compensation Officer And The Rehabilitation Grants Officer To Be A Judicial Proceeding 326. Costs 327. Mode Of Service Of Notice 328. Right To Inspection And Copies Of Documents, Statements And Registers 329. Transfer Of Proceedings 330. Bar To Jurisdiction Of Civil Courts In Certain Matters 331. Cognizance Of Suits Etc. Under This Act 331A. Procedure When Plea Of Land Being Used For Agricultural Purposes Is Raised In Any Suit 332. Omitted 332A. [Omitted By U. P. Act No. 37 Of 1958] 332B. [Omitted By U. P. Act No. 37 Of 1958] 333. Power To Call For Cases 333A. Omitted By U,P. Act No. 20 Of 1997 334. Protection Of Action Taken Under This Act 335. Discharge Of Liability Of Tjhe State Government 336. N o Right Of Pre-Emption In The Area To Which This Act Applies 337. Computation Of The Area Fixed In Certain Districts 338. Amendment And Adaptation Of Other Enactments By An Order Under This Act 339. Repeals 340. Amendment Of U. P. Agricultural Tenants (Acquisition Of Privileges) Act, 1949 341. Application Of Certain Acts To The Proceedings Of This Act 342. Power To Remove Difficulties 343. State Government To Be Party In The Proceedings Under Chapters Iii To V 343A. State Government To Be A Party In Suits By Or Against The Gaon Sabha Or Local Authority 344. Rules In General SCHEDULE 1 :- SCHEDULE I SCHEDULE 2 :- SCHEDULE II SCHEDULE 3 :- SCHEDULE III SCHEDULE 4 :- SCHEDULE IV SCHEDULE 5 :- SCHEDULE V SCHEDULE 6 :- SCHEDULE VI SCHEDULE 7 :- SCHEDULE VII Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950 1 of 1951 [26 January 1951] An Act to provide for the abolition of the Zamindari system which involves intermediaries between the tiller of the soil and the State in Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent upon such abolition and acquisition and to make provision for other matters connected therewith. Whereas it is expedient to provide for the abolition of the Zamindari system which involves intermediaries between the tiller of the soil and the State in Uttar Pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to make provision for other matters connected therewith. It is hereby enacted as follows : SHORT NOTES Social piece of legislation.-This Act is social piece of legislation which not only abolishes the Zamindari system and brings the tiller of soil and State in direct contact but also envisages to provide land to the landless agricultural labourers and to protect the possession of the landless persons of Scheduled Caste and Scheduled Tribes.-Suresh Giri v. Board of Revenue, 2010 (109) RD 566. PART 1 PART I CHAPTER 1 PRELIMINARY 1. Short Title, Extent And Commencement :- (1) This Act may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. (2) It extends to the whole of the Uttar Pradesh except the areas which, on the 7th day of July, 1949, were included in a municipality or a notified area under the provisions of the United Provinces Municipalities Act, 1916 , or a cantonment under the provisions of the Cantonment Act, 1924, or a town area under the provisions of the United Provinces Town Areas Act, 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 31st day of July, 1949 were substituted therein : Provided further that where any area which on July 7, 1949 was included in a municipality, notified area, cantonment or town area ceases to be so included therein at any time after that date and no notification has been made in respect thereof under Section 8 of the Uttar Pradesh Urban Areas Zamindari Abolition and Land Reforms Act, 1956- (i) in case it has ceased to be so included at any time before June 29,1971, this Act shall extend to such area from June 29, 1971; and (ii) in any other case, this Act shall extend to such area from the date on which the area ceases to be so included. (3) It shall come into force at once except in the areas mentioned in clauses (a) to (/) of sub-section (1) of Section 2 where it shall, subject to any exception or modification under sub-section (1) of Section 2, come into force on such date as the State Government may by notification in the Gazette appoint, and different dates may be appointed for different areas and different provisions of this Act. [UTTARAKHAND], Substituted by Act No. 52 of 2006 (w.e.f. 1-1- 2007). AMENDMENT 1. Short title and commencement. - (1) This order may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Act (Uttaranchal Adaptation and Modification) Order, 2001. (2) It shall come into force at once. 2. In the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 wherever the expression "Uttar Pradesh" occurs, it shall be read as "Uttaranchal". 3. In the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 wherever the expression Board, Board of Revenue or Member Board of Revenue" occurs, in its place word "Chief Revenue Commissioner/Additional Revenue Commissioner", whichever is appropriate shall be deemed to have been substituted. 4. The headquarter of the office of Chief Revenue Commissioner/Additional Revenue Commissioner shall be at Dehradun. 5. For the purposes of judicial work at the level of Chief Revenue Commissioner/Additional Revenue Commissioner there shall be C ircuit Courts at Pauri and Nainital-Vide Notification No. 2241/Revenue/2001, dt. 16-7-2001. SHORT NOTES The provision of the Act are applicable to the whole of Uttar Pradesh but would not apply to the areas which stood included as on 7-7-1949 within the municipality, notified area, cantonment or town area.-Smt. Dulari Devi and others v. Uma Shankar and others, 2009 (107) RD 20. Government is competent to alter the limits of the municipality, notified area, cantonment or town area from time to time.-Smt. Dulari Devi and others v. Uma Shankar and others, 2009 (107) RD 20. 2. Modification Of The Act In Its Application To Certain Areas :- (1) The State Government may by notification in the Gazette apply the whole or any provision of this Act to any of the following areas or estates subject to such exceptions or 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; (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, the United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948, the United Provinces Acquisition of Property (Flood Relief) (Temporary Powers) Act, 1948, or any other enactment other than this Act, relating to acquisition of land for a public purpose; (d) Pargana Kaswar Raja of Banaras District; (e) any area which on the 30th day of November, 1949, was included in- (i) Banaras State as defined in the Banaras State (Administration) Order, 1949; (ii) Rampur as defined in the Rampur (Administration) Order, 1949; (iii) Tehri-Garhwal as defined in the Tehri-Garhwal (Administration) Order, 1949; (iv) [Omitted by U.P. Act No. 20 of 1954.] (ee) any area, which on the 25th day of January, 1950, was included in an enclave as defined in the Provinces and States (Absorption of Enclaves) Order, 1950, absorbed in Uttar Pradesh under the said order, or (f) Pargana Jaunsar-Bawar of Dehra Dun District and portion of the Mirzapur District South of the Kaimur Range : Provided that, when this Act or its provisions are so extended to such areas or estates, with or without exceptions or modifications, so much of any Act or Regulation in force therein as is inconsistent with this Act or the provisions so extended or with any modifications made therein, shall be deemed to have been repealed : Provided further that a notification under this sub-section in respect of any estate or part thereof owned by the Central Government shall not issue except in consultation with such Government. Inserted by U.P. Act No. 15 of 1978. (1-A) The powers of the State Government under sub-section (1) to make exceptions or modifications in the provisions of this Act may be exercised from time to time.] Substituted by U.P. Act No. 15 of 1978. [(2) Where the declaration made by the State Government under clause (c) of sub-section (1) is in respect of any area held on the seventh day of July, 1949, for the purposes of a housing scheme by a Co-operative Society registered under the U. P. Co-operative Societies Act, 1965 or a society registered under the Societies Registration Act, 1860 or a limited liability company under the Companies Act, 1956, the State Government may by notification, in public interest, rescind or supersede the declaration in respect of such area as has not actually been utilised in execution of a housing scheme till the date of the notification whether on account of any default on the part of such society or company or for any other reason whatsoever. Explanation. - An area shall, for purposes of this sub-section, be deemed to have not been actually utilised, in execution of a housing scheme if on the date of the notification under this sub- section :- (a) in the case of a building site, constructions have not been made at least up to the stage of completion of foundation; and (b) in any other case, the land is not covered by any road or park. (3) The area of land in respect of which a notification under subsection (2) is issued may be utilised by the State Government for purposes of housing and urban development in such manner as may be prescribed.] 2A. Extension Of The Act To New Territories :- (1) Where any area is added to the territory of Uttar Pradesh by the action of any river or otherwise, the State Government may by notification in the Gazette, extend this Act to that area. (2) The State Government may, by the same or any subsequent notification, make such modifications in this Act in its application to that area as it may consider necessary in the circumstances existing in the area: Provided that no such modification shall be made after the expiry of one year from the date of extension of this Act to the area, or remain in force for a period exceeding two years. 3. Definitions :- In this Act, unless there is anything repugnant in the subject or context: (1) "beneficiary" means as respects a waqf, trust or endowment, the person for whose benefit, a waqf, trust or endowment is exercised; (2) "Central Government" has the meaning assigned to it in Section 3 of the General Clauses Act, 1897; (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 officer appointed as Collector under the provisions of the U. P. Land Revenue Act, 1901, and includes an Assistant Collector of the first class empowered by the State Government by a notification in the Gazette to discharge all or any of the functions of a Collector under this Act; SHORT NOTES Sub-Divisional Officer/Deputy Collector concerned has been given power only to conduct sale and not to confirm- or set aside sale. That power only lies with the Collector concerned and no one else.-Ajay Upadhyay v. Collector, Ballia, 2008 (104) RD 346. (5) "Compensation Commissioner" means the Compensation Commissioner appointed under Section 319 and includes an Assistant Compensation Commissioner; ( 6 ) "Compensation Officer" means a Compensation Officer appointed under Section 319; Substituted by U.P. Act No. 30 of 1991 (w.e.f. 19-2-1991).[(6-A)- "Consolidated area" means the area-in respect of which the final consolidation scheme has been enforced under Section 24 of the Uttar Pradesh Consolidation of Holdings Act, 1953, and the notification under Section 4 of that Act, has not been cancelled under Section 6 of that Act in respect of such area;] (6-B) "Consolidated Gaon Fund" means The Consolidated Gaon Fund constituted under Section 125-A; (7) "decree" has the meaning assigned to it in the Code of Civil Procedure, 1908 (V of 1908); (8) "Estate" means and shall be deemed to have always meant the area included under one entry in any of the registers described in clauses (a), (b), (c) or (d) and, in so far as it relates to a permanent tenure-holder, in any register described in clause (e) of Section 32 of the U. P. Land Revenue Act, 1901, as it stood immediately prior to the coming into force of this Act, or subject to the restriction mentioned with respect to the register described in clause (e), in any of the registers maintained under Section 33 of the said Act or in a similar register described in or prepared or maintained under any other Act, Rule, Regulation or Order relating to the preparation or maintenance of record of rights in force at any time and includes share in, or of an estate. Provided that in Mirzapur District, each of the areas bounded as given in Schedule VII shall, notwithstanding anything contained in the foregoing definition, be deemed to be an estate. Explanation.-The Act, Rule, Regulation or Order referred to in this clause shall include, Act, Rule, Regulation or Order made or promulgated by the erstwhile Indian States whose territories were merged or absorbed in the State of Uttar Pradesh prior to the date of vesting notified under Section 4 of this Act; (8-A) Omitted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[***l (9) "Gaon Fund", "Gaon Panchayat", "Gaon Sabha" and "Bhumi Prabandhak Samiti", (Land Management Committee) shall have the meanings assigned to them in the United Provinces Panchayat Raj Act, 1947; (10) [Omitted by U.P. Act No. 33 of 1961] (10-A) [Omitted by U.P. Act No. 33 of 1961] (11) [Omitted by U.P. Act No. 16 of 1953] (12) "intermediary" with reference to any estate means a proprietor, under-proprietor, sub-proprietor, thekedar, permanent lessee in Avadh and permanent tenure-holder of such estate or part thereof; (13) "intermediarys grove" means grove land held or occupied by an intermediary as such; (14) "Land" except in Sections 109, 143 and 144 and Chapter VII means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming; SHORT NOTES The property being agricultural land was given on lease on 15-2-1935 for manufacturing purposes and it authorised the petitioner to put up mill or a factory on land and the building was constructed. When the rent was not paid the suit was filed in year 1951. In the suit it was pleaded that the suit was not maintainable as the nature of property was agricultural land and Civil Court has no jurisdiction to entertain suit. Such plea was rejected by trial Court even in second appeallate stage. Second Appellate Court (High Court) observed that the suit was properly filed. Held the provisions of U.P.Z.A. and L.R. Act all not applicable.-M/s. Mahabir Jute Mills Ltd. v. AddL. Distt. Judge, 2010 (109) RD 279. (14-A) [Omitted by U.P. Act No. 33 of 1961] (15) "lease" in relation to mines and minerals shall include a sublease, a prospecting lease and an agreement to lease or sublet, and "lessee" shall be construed accordingly; (16) "legal representative" has the meaning assigned to it in the Code of Civil Procedure, 1908; (17) "mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, but does not include any works, machinery, tramways, or sidings appertaining to mines, and a mine shall be deemed to be in operation if a notice of the commencement of its operation has been given under Section 14 of the Indian Mines Act, 1923, to the District Magistrate of the district in which such mine is situate and the discontinuance of the operation thereof has not been notified to the competent authority; (18) "prescribed" means prescribed by rules made under this Act; (19) "previous agricultural year" means the agricultural year immediately preceding that in which the date of vesting falls; (20) "property" in Chapter V, means property other than estates; (21) "proprietor" means as respects an estate a person owning, whether in trust or for his own benefit, the estate and includes the heirs and successors-in-interest of a proprietor; (22) "State Government" means the Government of Uttar Pradesh; (22-A) "recognized educational institution" means an educational institution or a class of institutions declared as such by the State Government by notification in the official Gazette; (23) "religious purpose" includes a purpose connected with religious worship, teaching or service or with the performance of religious rites; (24) "Rehabilitation Grants Officer" means a Rehabilitation Grants Officer appointed under Section 319; (25) "village" means any local area whether compact or otherwise recorded as a village in the revenue records of the district concerned and includes any area which the State Government may, by a general or special order Substituted by U.P. Act No. 30 of 1975.[published in the manner prescribed], declare to be a village; (26) words and expressions land-holder, permanent tenure-holder, thekedar, permanent lessee in Avadh, grove-holder, rent, cess, sayar, sir, tenant, hereditary tenant, khudkasht, fixed-rate tenant, rent-free grantee, exproprietary tenant, occupancy tenant, non- occupancy tenant, sub-tenant, holding and crops, not defined m this Act, and used in the United Provinces Tenancy Act, 1939, shall have the meaning assigned to them in that Act; ( 2 7 ) words and expressions, under-proprietor sub-proprietor, revenue, mahal, Assistant Collector, Assistant Collector in-charge of sub-division, Commissioner, Board, Tahsildar and minor, not defined in this Act and used in the United Provinces Land Revenue Act, 1901, shall have the meaning assigned to them in that Act; (28) any reference in Part I to "land in personal cultivation" shall mean land in the personal cultivation of permanent lessee in Avadh as such: (29) any reference in Part I to "record of rights" shall include references as may be necessary to "annual registers" prepared under Section 33 of the U. P. Land Revenue Act, 1901; and (30) any reference to any enactment shall be construed as a reference to that enactment as amended from time to time in its application to Uttar Pradesh, and in the case of the Code of Civil Procedure, 1908, as a reference to that Code subject also to any annulments, alterations and additions to the rules contained in the First Schedule thereto made from time to time under Section 122 thereof by the High Court. C H A P T E R 2 ACQUISITION OF THE INTERESTS OF INTERMEDIARIES AND ITS CONSEQUENCES 4. Vesting Of Estates In The State :- (1) As soon as may be after the commencement of this Act, the State Government may, by notification, declare that as from a date to be specified, all estates situate in Uttar Pradesh shall vest in the State and as from the beginning of the date so specified (hereinafter called the date of vesting), all such estates shall stand transferred to and vest, except as hereinafter provided, in the State free from all encumbrances. (2) It shall be lawful for the State Government, if it so considers necessary, to issue, from time to time, the notification referred to in subsection (1) in respect only of such area or areas as may be specified and all the provisions of sub-section (1) shall be applicable to and in the case of every such notification. 5. Notification To Be Published In The Gazette :- The notification referred to in Section 4 shall be published in the Gazette and such publication shall be conclusive proof of the due publication thereof. 6. Consequences Of The Vesting Of An Estate In The State :- When the notification under Section 4 has been published in the Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, from the beginning of the date of vesting, ensure in the area to which the notification relates, namely- (a) all rights, title and interest of all the intermediaries (i) in every estate in such area including land (cultivable or barren), grove-land, forests whether within or outside village boundaries, trees (other than trees in village abadi, holding or grove), fisheries, tanks, ponds, water-channels, ferries, pathways, abadi sites, hats, bazars and melas other than hats, bazars and melas held upon land to which clauses {a) to (c) of sub-section (1) of Section 18 apply, and (ii) in all sub-soil in such estates including rights, if any, in mines and minerals, whether being worked or not, shall cease and be vested in the State of Uttar Pradesh free from all encumbrances; (b) all grants and confirmations of title of or to land in any estate so acquired, or of or to any right or privilege in respect of such land or its land revenue shall, whether liable to resumption or not, determine; (c) (i) all rents, cesses, local rates and sayar in respect of any estate or holding therein for any period after the date of vesting and which, but for the acquisition would be payable to an intermediary, shall vest in and be payable to the State Government a n d not to the intermediary and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same; (ii) where under an agreement or contract made before the date of vesting any rent, cess, local rate or sayar for any period after the said date has been paid to or compounded or released by an intermediary the same shall, notwithstanding the agreement or the contract, be recoverable by the State Government from the intermediary, and may without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such intermediary under Chapter III; (d) all arrears of revenue, cesses or other dues in respect of any estate so acquired and due from the intermediary or an arrear on account of tax on agricultural income assessed under the U. P. Agricultural Income Tax Act, 1948 for any period prior to the date of vesting shall continue to be recoverable from such intermediary and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such intermediary under Chapter III; (e) all amounts ordered to be paid by an intermediary to the State Government under Sections 27 and 28 of the U. P. Encumbered Estates Act, 1934, and all amounts due from him under the Land Improvement Loans Act, 1883, or the Agricultural Loans Act, 1884, shall notwithstanding anything contained in the said enactments, become due forthwith and may, without prejudice to any other mode of recovery provided therefor, be realized by deducting the amount from the compensation money payable to such intermediary under Chapter III; (f) the interest of the intermediary so accquired in any estate shall not be liable to attachment or sale in execution of any decree or other process of any Court, civil or revenue, and any attachment existing at the date of vesting or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882, cease to be in force; (g) (i) every mortgage with possession existing on any estate or part of an estate on the date immediately preceding the date of vesting shall, to the extent of the amount secured on such estate or part, be deemed, without prejudice to the rights of the State Government under Section 4, to have been substituted by a simple mortgage; (ii) notwithstanding anything contained in the mortgage deed or any other agreement, the amount declared due on a simple mortgage substituted under sub-clause (i) shall carry such rate of interest and from such date as may be prescribed; (h) no claim or liability enforceable or incurred before the date of vesting by or against such intermediary for any money, which is charged on or is secured by a mortgage of such estate or part thereof shall, except as provided in Section 73 of the Transfer of Property Act, 1882, be enforceable against his interest in the estate; (i) all suits and proceedings of the nature to be prescribed pending in any Court at the date of vesting, and all proceedings upon any decree or order passed in any such suit or proceeding previous to the date of vesting shall be stayed; (j) all mahals and their sub-divisions existing on the date immediately preceding the date of vesting and all engagements for the payment of land revenue or rent by a proprietor, under- proprietor, sub-proprietor, co-sharer, or lambardars as such shall determine and cease to be in force. 7. Saving In Respect Of Certain Rights :- Nothing contained in this Chapter shall in any way affect the right of any person- ( a ) to continue to work any mines comprised in any estate hereinbefore acquired which shall be governed by the law for the time being in force; (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: Provided that no decree for an arrear of rent or order for ejectment in default of an arrear of rent shall be executed by ejectment of the judgment-debtor from his holding: Provided further that rent, cesses, local rates, sayar or other dues as aforesaid which are payable by an intermediary, whose interest in the estate in respect of which the arrear is due has been acquired under the provisions of this Act, may, in addition to any other remedy open to the person entitled, be realized from or paid out of the compensation money payable to such intermediary. 8. Contract Entered Into After August 8,1946 To Become Void From The Date Of Vesting :- Any contract for grazing or gathering of. produce from land or the collection of forest produce or fish from any forest or fisheries entered into after the eighth day of August, 1946, between an intermediary and any other person in respect of any private forest, fisheries or land lying in such estate shall become void with effect from the date of vesting. 9. Private Wells, Trees In Abadi And Buildings To Be Settled With The Existing Owners Or Occupiers Thereof :- All wells, trees in abadi and all buildings situate within the limits of an estate, belonging to or held by an intermediary or tenant or other person whether residing in the village or not, shall continue to belong to or be held by such intermediary, tenant or person, as the case may be, and the site of the wells or the buildings within the area appurtenant thereto shall be deemed to be settled with him by the State Government on such terms and conditions as may be prescribed. 10. Tenants Of Sir :- (1) Every tenant of land recorded as sir of an intermediary who on the date immediately preceding the date of vesting is assessed in Uttar Pradesh to a land revenue of more than Rs. 250 annually, or where no land revenue is assessed, is assessed to a larger amount of local rate than would be payable on a land revenue of Rs. 250 annually, or in the case of an under-proprietor, sub-proprietor or permanent tenure-holder, the rent payable by him is more than Rs. 250 annually shall be deemed to be a hereditary tenant thereof at the rate of the rent payable by him on the said date ; and such land shall not for the purpose of Section 18 be deemed to be sir (1-A) Where the land is a joint sir of two or more intermediaries some of whom only belong to the class mentioned in sub-section (1), the tenant shall be deemed to be hereditary tenant in respect of such part of the land as is proportionate to the share of the intermediaries mentioned in subsection (1) in such land. (2) Nothing in sub-sections (1) and (1-A) shall apply to a tenant of sir, if his land-holder was- (i) a woman, (ii) a minor, (iii) a lunatic, (iv) an idiot, (v) a person incapable of cultivating by reason of blindness or physical infirmity, or (vi) a person in military, naval or air force of Indian Union, both at the commencement of tenancy and on the date of vesting. 11. Sir Or Khudkasht Allotted In Lieu Of Maintenance Allowance :- Notwithstanding anything contained in Section 10, where sir or khudkasht has been allotted by the sir or khudkasht-holder thereof to a person in lieu of maintenance allowance, such person shall be deemed to be the asami thereof entitled to hold the land for so long as the right of maintenance allowance subsists. SHORT NOTES Widow to be bhoomidhar of land given in compromise.-If agricultural land in Uttar Pradesh is given to widow in compromise in that event Section 11 is not attracted but in such situation, by virtue of Section 18 of the Act widow becomes bhoomidhar.-Mst. Ashrafa v. D.D.C., 2010 (109) RD 271. 12. Thekedars To Be Hereditary Tenants In Certain Circumstances :- (1) Where any land was in the personal cultivation of a person on the 1st day of May, 1950, as a 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 Sections 91 and 92 of the Indian Evidence Act, 1872, be receivable in evidence for showing that the theka was of the nature referred to in sub- section (1). 13. Estate In Possession Of A Thekedar :- (1) Subject to the provisions of Section 12 and sub-section (2) of this section a thekedar of an estate or share therein shall, with effect from the date of vesting, cease to have any right to hold or possess as such any land in such estate. (2) Where any such land was in the personal cultivation of the thekedar on the date immediately preceding the date of vesting, the same shall- (a) if it was sir or khudkasht of the lessor on the date of the grant of the theka, be deemed for purposes of Section 18, to be the sir or khudkasht of the lessor on the date immediately preceding the date of vesting and the thekedar shall, with effect from the date of vesting, become the asami thereof liable to pay rent at hereditary rates applicable on the date immediately preceding the date of vesting and entitled to hold, the land as such for the unexpired period of the theka or for a period of five years from the date of vesting whichever is less; (b) if it was not sir or khudkasht of the lessor on the date of the grant of the theka and- (i) its area does not exceed thirty acres, be deemed for purposes of Section 19 to have been held by the thekedar as a hereditary tenant liable to pay rent which shall be equal to the rent calculated at hereditary rates applicable on the date immediately preceding the date of vesting, (ii) its area exceeds thirty acres, be deemed to the extent of thirty acres for purposes of Section 19 to have been held as a hereditary tenant as aforesaid and the remainder shall be deemed to be vacant land and the thekedar shall be liable to ejectment therefrom in accordance with the provisions of Section 209. (3) Notwithstanding any restriction contained in clauses (a) and (b) o f sub-section (2), the Collector may, on the application of the thekedar and after such inquiry as may be prescribed, and if he is satisfied that it is in the interest of efficient and successful working of an existing agricultural farm, permit the thekedar to retain land- (a) if it is land falling under clause (a) of sub-section (2), for a longer period than five years, and (b) if it is land falling under clause (b) of the said sub-section, in excess of thirty acres : Provided that the thekedar shall not be entitled to retain the land so allowed beyond the terms of the theka, and he shall, in the case of any area in excess of thirty acres allowed to him under clause (b), be an asami thereof on behalf of the Gaon Sabha and liable to pay rent at hereditary rate applicable on the date immediately preceding the date of vesting. (4) To every application under sub-section (3) the lessor and the Gaon Sabha concerned shall be made parties. 14. Estate In Possession Of A Mortgagee With Possession :- (1) Subject to the provisions of sub-section (2), a mortgagee in possession of an estate or share therein shall, with effect from the date of vesting, cease to have any right to hold or possess as such any land in such estate. (2) Where any such land was in the personal cultivation of the mortgagee on the date immediately preceding the date of vesting- (a) if it was sir or khudkasht of the mortgagor on the date of the mortgage, the same shall, for purposes of Section 18, be deemed to be the sir or khudkasht of the mortgagor or his legal representative; (b) if it was not sir or khudkasht of the mortgagor on the date of the mortgage, the mortgagee shall, subject to his paying to the State Government within six months from the date of vesting, an amount equal to five times the rent calculated at hereditary rates applicable on the date immediately preceding the date of vesting, be deemed, for purposes of Section 19, to have held such land on the date aforesaid as a hereditary tenant thereof at the said rate of rent: Provided that if the mortgagee fails to pay the amount aforesaid within the time allowed, he shall thereupon lose all rights in such land which shall be deemed to be vacant land and he shall be liable to ejectment on the suit of the Gaon Sabha or the Collector under Section 209 as if he were a person in possession thereof otherwise than in accordance with the provisions of this Act. Explanation I.-For the purposes of this section a mortgagee in possession includes a thekedar of his rights as mortgagee in the land. Explanation II. - Where any land has been mortgaged with possession and the mortgagor makes a second or subsequent mortgage of such land in favour of the same, or a different person, the expression "on the date of the mortgage" shall mean the date o f the mortgage in pursuance of which the mortgagor first transferred possession to mortgagee. 15. Demarcation Of Sir, Khudkasht, Etc. In Joint Estates :- (1) Where, on the date immediately preceding the date of vesting, a n intermediary other than a thekedar held land in his personal cultivation or as sir, khudkasht, or intermediarys grove other than land in which hereditary rights accrue under Section 10 or 16 and land held on Patta Dawami or 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 intermediarys grove, and (b) The land held in excess of his share shall, for purposes of Section 19, be deemed to have been held by him as an ex- proprietary tenant thereof liable to pay rent at ex-proprietary rates applicable on the date immediately preceding the date of vesting. 16. Occupant Of Land In Which No Superior Rights Exist To Be A Hereditary Tenant :- Every person who was recorded as occupant of any land- (i) in a record revised under Chapter IV of the United Provinces Land Revenue Act, 1901, 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, or (ii) in the record of rights prepared under clause (e) of Section 32 of the United Provinces Land Revenue Act, 1901, for the year 1356 Fasli and who, on the date aforesaid, was in possession of the land, shall be deemed to be a hereditary tenant of the land liable to pay rent on the said date at rates applicable to such tenants. Explanation. - For the purposes of this section the term "land" does not include- (i) land recorded as sir and land recorded as khudkasht but which had, under the provisions of the United Provinces Tenancy Act, 1939, acquired the character of sir, of- (a) an intermediary paying Rs. 250 or less annually as land revenue, or where no land revenue is assessed in whole or part, is assessed to a local rate which would be payable on a land revenue not exceeding Rs. 250 annually, or an under proprietor, sub- proprietor or permanent tenure-holder payable Rs. 250 or less annually as rent, or (b) an intermediary who, on the date of vesting, was a person belonging to any of the classes specified in clauses (i) to (vi) of sub-section (2) of Section 10, (ii) land recorded as grove land, or (iii) land included in the holding of- (a) a person referred to in clauses (i) to (vii) of Section 19, or (b) a fixed-rate tenant, or (c) a rent-free grantee, or (d) a tenant on Patta Dawami or Istamrari referred to in Section 17. 17. Sir Land Held By Tenant On Patta Dawami Or Istamrari :- Any land which was sir of an intermediary on the date immediately preceding the date of vesting but was held on the said date by a tenant on Patta Dawami or Istamrari shall not, for the purpose of Section 18, be deemed to be the sir of such intermediary. SHORTNOTES Resumption of land.-The Government order dated 5 March, 1974 authorises the Collector concerned qua exercise of power under this Section. Under this Government order absolutely no restriction with regard to the market value of the property in question has been referred to or provided for. In the writ petition the question was involved that whether the resumption of land, where it is required for commercial department of the State Government or Central Government, the power of Collector is restricted to the valuation of Rs. 25,000/-in view of G.O. dated 7-5-1981.-Gram Panchayat, Rampur v. State of U.P. and others, 2009 (106) RD 1. 18. Settlement Of Certain Lands With Intermediaries Or Cultivators As Bhumidhar :- (1) Subject to the provisions of Sections 10,15,16 and 17, all lands- (a) in possession of or held or deemed to be held by an intermediary as sir, khudkasht or an intermediarys 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 a rent-free grantee as such, or (d) held as such by- (i) an occupancy tenant, (ii) a hereditary tenant, possessing the right to (iii) a tenant on Patta transfer the holding by Dawami or Istamrari sale, referred to in Section 17, (e) held by a grove holder, on the date immediately preceding the date of vesting shall be deemed to be settled by the State Government with such intermediary, lessee, tenant, grantee or grove-holder, as the case may be, who shall, subject to the provisions of this Act, be entitled to take or retain possession as a bhumidhar thereof. (2) Every person belonging to the class mentioned in Section 3 or subsection (2) of Section 3-A of the United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949, who has been granted the declaration referred to in Section 6 of the said Act in respect of any holding or share thereof shall, unless the declaration is subsequently set aside, be deemed to be the bhumidhar of the holding or the share in respect of which the declaration has been made and continues in force. (3 ) Notwithstanding anything contained in the United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949, any declaration granted under Section 6 of the said Act, in favour of a tenant whom sub-section (2) of Section 10 applies shall be and is hereby cancelled and the amount deposited by him under Section 3 or 6 of the said Act shall, after deducting the amount which might have been paid or be payable by the State Government to his land- holder under Sections 7 and 8 of the said Act, be refunded to the person entitled in such manner as may be prescribed. SHORT NOTES When agricultural land is given to widow in compromise, then the widow becomes bhoomidhar by virtue of this section.-Mst. Asharfa v. D.D.C., 2010 (109) RD 271. 19. Land In The Holding To Be Settled With The Tenants Thereof As Sirdar :- All land held or deemed to have been held on the date immediately preceding the date of vesting by any person as- (i) a tenant holding on special terms in Avadh, (ii) an ex-proprietary tenant, (iii) an occupancy tenant, (iv) a hereditary tenant, (v) a grantee at favourable rate of rent, (vi) a non-occupancy tenant of tea estates notified as such in a notification issued under sub-section (5) of Section 30 of the United Provinces Tenancy Act, 1939, (vii) a sub-tenant referred to in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939, and (viii) [Omitted by U.P. Act No. 16 of 1953.] (ix) all land referred to in Section 17 held on the said date by any person on Patta Dawami or Istamrari, shall, save in cases provided for in clause (d) of sub-section (1) of Section 18, be deemed to be settled by the State Government with such person, who shall subject to the provisions of this Act, be entitled, except as provided in sub-section (2) of Section 18, to take or retain possession as a sirdar thereof. 20. A Tenant Of Sir, Sub-Tenant Or An Occupant To Be An Adhivasi :- 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 subtenant other than a sub-tenant referred to in proviso to sub-section (3) of Section 27 of the United Provinces Tenancy (Amendment) Act, 1947, or in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939, of any land other than grove-land. (b) was recorded as occupant- (i) of any land (other than grove land or land to which Section 16 applies) or land referred to in the proviso to sub-section (3) of Section 27 of the U. P. Tenancy (Amendment) Act, 1947 in the khasra or khatauni of 1356-F. prepared under Sections 28 and 33 respectively of the U. P. Land Revenue Act, 1901, or who was on the date immediately preceding the date of vesting, entitled to regain possession thereof under clause (c) of sub-section (1) of Section 27 of the United Provinces Tenancy (Amendment) Act, 1947, or (ii) of any land to which Section 16 applies, in the khasra or khatauni of 1356 Fasli prepared under Sections 28 and 33 respectively of the United Provinces Land Revenue Act, 1901, but who was not in possession in the year 1359-F., shall, unless he has become a bhumidhar of the land under sub- section (2) of Section 18 or an asami under clause (ft) of Section 21, be called adhivasi of the land and shall, subject to the provisions of this Act, be entitled to take or retain possession thereof. Explanation I.-Where a person referred to in clause (b) was evicted from the land after June 30, 1948, he shall notwithstanding anything in any order or decree, be deemed to be a person entitled to regain possession of the land. Explanation II. -Where any entry in the records referred to in clause (b) has been corrected before the date of vesting under or in accordance with the provisions of the U. P. Land Revenue Act, 1901, the entry so corrected shall for the purposes of the said clause, prevail. Explanation III. -For the purposes of Explanation II an entry shall be deemed to have been corrected before the date of vesting if an order or decree of a competent Court requiring any correction in records had been made before the said date and had become final even though the correction may not have been incorporated in the records. Explanation IV.- For the purposes of this section "occupant" as respects any land does not include a person who was entitled as an intermediary to the land or any share therein in the year 1356 Fasli. SHORT NOTES Where the original tenure-holder became an Adhiwasi and as he was a Shikmi Kashtakar by virtue of notification 1954 and now his sons became sirdars of the land, pending the litigation original tenure-holder died and in his place his sons could claim sirdari rights over the land in dispute.-Shiv Dayal v. D.D.C., 2010 (109) RD 506. 21. Non-Occupancy Tenants, Sub-Tenants Of Grove-Lands And Tenants Mortgagees To Be Asamis :- (1) Notwithstanding anything contained in this Act, every person who, on the date immediately preceding the date of vesting, occupied or held land as- (a) a non-occupancy tenant of an intermediarys grove-land, (b) a sub-tenant of 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, (d) a mortgagee in actual possession from a person belonging to any of the classes mentioned in clauses (b) to (e) of subsection (1) of Section 18 or clauses (i) to (vii) and (ix) of Section 19, (e) a non-occupancy tenant of pasture land or of land covered by water and used for the purpose of growing singhara or other produce or of land in the bed of a river and used for casual or occasional cultivation, (f) a non-occupancy tenant of land declared by the State Government by notification in the Gazette, to be intended or set apart for taungya plantation, or (g) a tenant of land, which the State Government has, by a notification in the Gazette, declared to be part of tract of shifting or unstable cultivation, (h) a tenant of sir of land referred to in sub-clause (a) of clause (i) of the explanation under Section 16, a sub-tenant referred to in sub-clause (ii) of clause (a) of Section 20 or an occupant referred to in sub-clause (i) of clause (b) of the said section where the land- holder or if there are more than one landholders, all of them were person or persons belonging- (a) if the land was let out or occupied prior to the ninth day of April, 1946, both on the date of letting or occupation, as the case may be, and on the ninth day of April, 1946, and (b) if the land was let out or occupied on or after the ninth day of April, 1946, on the day of letting or occupation, to any one or more of the classes mentioned in subsection (1) of Section 157; (i) a lessee holding under a lease from a Court under subsection (1) of Section 252 of the U. P. Tenancy Act, 1939, shall be deemed to be an asami thereof. Explanation.- The expression "taungya plantation" means the system of afforestation in which the plantation of trees, is, in the earlier stages, done simultaneously with the cultivation of agricultural crops which ceases when the trees so planted begin to form a canopy rendering the cultivation of agricultural crops impossible. (2) Occupants of grove land. - Every person, who, on the date immediately preceding the date of vesting was a person recorded, in the manner stated in clause (b) of Section 20, as occupant of any grove-land, shall be called an asami of the land and shall, subject to the provisions of this Act, be entitled to take or retain possession thereof as an asami from year to year. 22. Variation In Rent On Or After July 1,1948, Not To Be Recognized :- Notwithstanding any contract made, or anything done or permitted to be done, on or after the first day of July, 1948, by or on behalf of an intermediary or a tenant, in respect of any land forming part of an estate acquired under this Act, the rent payable therefor by the tenant on the date immediately preceding the date of vesting shall be deemed to be an amount equal to the rent payable by the tenant or his predecessor-in-title on the date aforesaid and any reduction or remission made therein after the said date, otherwise than in pursuance of a decree or order of a Court, shall not be taken in account: Provided that where the rent reduced in pursuance of any decree or order aforesaid is less than the amount computed at appropriate circle rate the rent payable shall be an amount so computed. 23. Transfer By Way Of Sale Or Gift Not To Be Recognized :- (1) Notwithstanding anything contained in any law, no transfer, by way of sale or gift, of any estate or part thereof- (a) made on or after the first day of July, 1948, shall be recognized for the purpose of assessing the amount of rehabilitation grant payable to the intermediary, (b) [Omitted by U.P. Act No. 20 of 1954]. (2) Nothing in sub- section (1) shall apply to- (a) any sale made under order of a Court in execution of any decree or order for payment of money, or (b) any sale, or gift made in favour of a waqf, trust, endowment or society established wholly for charitable purposes, unless the State Government in any particular case directs otherwise. Explanation.-For the purposes of sub-section (2), "society" means a society registered under the Societies Registration Act, 1860. 24. Contract Or Agreement To Defeat Provisions Of This Act To Be Void :- Any contract or agreement made between an intermediary and any person on or after the first day of July, 1948, which has the effect, directly or indirectly- (a) of relieving, whether in whole or part, a bhumidhar or sirdar from the liability for the land revenue, to be paid by him for any land comprised in his holding, or ( b ) of entitling an intermediary to receive, on account of rehabilitation grant an amount higher than what he would, but for the contract or agreement, be entitled to under this Act, shall be and is hereby declared null and void. 25. Collector To Take Over Estates :- Upon the publication of the notification under Section 4, it shall be lawful for the Collector or any officer appointed by him in this behalf- (a) to take charge of any estate or part of an estate and of all interests vested in the State under the provisions of this Chapter, and to take or cause to be taken such steps and use or cause to be used such force, as may, in the opinion of the Collector or the officer so appointed, be necessary for this purpose, (b) to enter upon any land, building or other place forming part of any estate acquired under the provisions of this Chapter and make a survey or take measurement thereof or do any other act which he considers necessary for carrying out the purposes of this Act, (c) to require any person to produce to such authority as may be specified any books, accounts, or other documents relating to any estate or part thereof and to furnish to such authority such other information as may be specified or demanded, and (d) if the books, accounts and other documents are not produced as required, to enter upon any land, building or other place and seize and take possession of such books, accounts and other documents. 26. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the proceedings prior to the vesting of estates under Section 4; (b) the disposal of suits and proceedings stayed under this Chapter; (c) the method of calculating rents, cesses, local rates and sayar mentioned in clause (c) of Section 6; (d) the matters, relating to the taking over of estates under Section 25; and (e) the matters which are to be and may be prescribed. CHAPTER IIA EVACUEE PROPERTY 26A. Definitions :- In this Chapter and Schedule V, unless there is anything repugnant in the subject or context, the words and expressions "Custodian", "Evacuee" and "Evacuee Property" shall have the meaning assigned to them in the Administration of Evacuee Property Act, 1950. 26B. Application Of The Act To Evacuee Property :- The provisions of this Act, in their application to evacuee property shall have effect subject to the modifications set out in Schedule V. CHAPTER 3 ASSESSMENT OF COMPENSATION 27. Intermediary Entitled To Receive Compensation For Acquisition Of His Estate :- Every intermediary whose rights, title or interest in any estate are acquired under the provisions of this Act, shall be entitled to receive and be paid compensation as hereinafter provided. 28. Date From Which Compensation Shall Be Due :- 1) Compensation for acquisition of estates under this Act, shall be due as from the date of vesting subject to determination of the amount thereof. (2) There shall be paid by the State Government on the amount so determined, interest at the rate of two and a half per centum per annum from the date of vesting to the date of- (i) in the case of the amount to be paid in cash, determination, (ii) in the case of the amount to be given in bonds, the redemption of the bonds. 29. Interim Compensation :- (1) The State Government may direct payment of interim compensation to such extent and in such manner as may be prescribed : Provided that, if the compensation payable to an intermediary is not determined in accordance with the provisions of this Act before the expiry of nine months from the date of vesting, the State Government shall, on the application of the intermediary concerned, direct the payment of such interim compensation. (2) Where the right and title in any estate or part thereof is claimed by any person, the interim compensation in respect of such estate or part shall be paid to the person in actual possession of the estate and whose name is entered in the khewat as proprietor subject to such orders as are passed by the Compensation Officer with regard to security for the refund of such compensation or part thereof to which the objector may ultimately be entitled. 30. Adjustment Of Interim Compensation :- The interim compensation paid under Section 29 shall be deemed to be part of the compensation payable under this Act and shall be deducted from and adjusted against it: Provided that in the case of a waqf, trust or endowment referred to in clause (a) or sub-clause (i) of clause (c) of Section 99, the interim compensation shall be deducted from and adjusted against the annuity payable under the said section. 31. Proceedings Relating To Assessment And Payment Of Compensation :- All proceedings relating to assessment of compensation for any estate acquired under Section 4 and the payment thereof to the intermediary entitled thereto shall be had before the Compensation Officer within whose jurisdiction the estate acquired is situate. 32. Presumption Regarding Entries In The Record-Of-Rights :- Subject to the provision 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, for the previous agricultural year shall, for the 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, or as a consequence of any decree or order of any Court, shall be taken into account by the Compensation Officer. 33. Correction Of Clerical Error Or Arithmetical Mistake In The Record Of Rights :- Notwithstanding anything contained in the United Provinces Land Revenue Act, 1901, 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, either on his own motion or on the application of any person interested, correct the same. 34. Right To Establish Claim In The Civil Court :- Nothing in Sections 32, 33 and 49, shall affect the right of any person to establish his claim in respect of any estate or part thereof by due process of law in the Court having jurisdiction. 35. Pending Suit Or Proceeding Regarding Entries In The Record Of Rights :- Where any suit or proceeding is pending on the date of vesting, or is instituted on or after the said date before any civil or revenue Court in which the correctness of any entry in the record-of-rights mentioned in Section 32 is challenged, or is directly or indirectly in dispute, any party to a suit or proceeding may file a certified copy of the plaint or the objection before the Compensation Officer, but he shall not, on that account alone, be deemed to have become a party to the proceeding before-the Compensation Officer. 36. Plaint Or Objection To Form Part Of The Record Of Compensation Proceedings :- The copy of the plaint or objection filed under Section 35 shall form part of the record of the proceedings pending before the Compensation Officer, and he shall cause the fact of the dispute with such particulars as may be prescribed to be entered in the Compensation Assessment Roll prepared under Section 40. 37. Every Intermediary To Be Treated As A Separate Unit :- For the purposes of assessment of compensation and rehabilitation grant under this Act, every intermediary shall be treated as a separate unit: Provided that, in the case of a joint Hindu family:- (a) a father with his male lineal descendants in the male line of descent shall, as respects joint family property, be deemed to be one unit where the rather 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 August, 1946, a family shall be deemed to be joint. 38. Statement Of Gross Assets Of A Mahal :- The Compensation Officer shall, before proceeding to prepare the Compensation Assessment Roll of any intermediary as respects any mahal prepare a statement of gross assets- (a) where the mahal is comprised of area situate in not more than one village, of the mahal; and (b) where the mahal is comprised of area situate in more than one village, separately of the portion in each village. 39. Gross Assets Of A Mahal :- (1) Gross assets as respects a mahal shall be the aggregate gross income of the land or estate comprised in the mahal and such income shall comprise- (a) rents including cesses and local rates payable by or on behalf of the tenants, under-proprietors, sub-proprietors, permanent tenure- holders, permanent lessees in Avadh, grantees at a favourable rate of rent or grove-holders- (i) in cash, and (ii) where rent is payable in kind or partly in cash or partly in kind, the rent computed in accordance with the provisions of the United Provinces Tenancy Act, 1939, and where the said Act does not provide for such computation in the manner prescribed; (iii) where rent is payable, but has not been determined, rent determined at ex-proprietary rates in the case of under-proprietors and ex- proprietary tenants and at hereditary rates in all other cases except grove-holders. Explanation. -In this clause the word "tenants" includes persons deemed to be hereditary tenants under Sections 12, 13, 14 and 16 but does not include any other tenant of sir; (b) the amount computed at the rates applicable to ex-proprietary tenants of similar land for land in the personal cultivation of or held as intermediarys grove, khudkasht or sir by all the intermediaries in the estate in which hereditary rights do not accrue, and, in the case of the sir- (i) in which hereditary rights accrue at hereditary rates, and (ii) referred to in Section 17, the rent payable by the tenant therefor; (c) sayar, including income from hats, bazars, melas vested in the State under clause (a) of Section 6 and fisheries which shall be an amount equal to one-tenth of the total income therefrom dunnc the ten agricultural years immediately preceding the date or vesting; Explanation I. - "Total income" from sayar under this sub-clause shall be calculated on the basis of entries in khatauni which shall be deemed to be correct unless proved to the contrary by entries in any public document. Explanation II.-For purposes of this section "sayar" as respects an intermediarys grove shall not include income from the sale of wood, flowers or fruits. (d) average annual income during the four agricultural years immediately preceding the date of vesting from rents of building, sites vested in the State; (e) average annual income from forests, which shall be computed- (i) on the basis of income for a period of twenty to forty agricultural years immediately preceding the date of vesting as the Compensation Officer may consider reasonable, and (ii) on the appraisement of the annual yield of the forest on the date of vesting; (f) where royalties are payable on account of mines and minerals the average income on account of royalties calculated on the basis of the annual returns filed by the intermediary for the assessment of cess or income-tax during the period of twelve agricultural years preceding the agricultural year in which the date of vesting falls or any snorter period for which such returns have been filed ; (g) where royalties are not payable and mines are worked directly by an intermediary, the average annual income from such mines calculated on the same basis as specified in clause (f). (2) Where the mahal is comprised of area situate in more than one village, the provisions of sub-section (1) shall apply as if the portions situate in each village were a separate mahal. 40. Draft Compensation Assessment Roll :- With a view to the assessment and payment of compensation under this Act, the Compensation Officer shall, in the manner prescribed, prepare a Draft Compensation Assessment Roll of every intermediary in respect of his interest in one or more mahals as he may deem convenient, showing- (a) his gross assets and net assets calculated in accordance with the provisions of Sections 42 to 45 as may be applicable; (b) the arrears of land revenue, cess and other dues referred to in clause (d) of Section 6 payable by him to the State Government in respect of his share or interests in the mahal aforesaid; (c) land revenue payable by the intermediary in the previous agricultural year in respect of his share or interest in the mahals aforesaid; (d) the amounts and loans referred to in clause (e) of Section 6; and (e) such other particulars as may be prescribed. Explanation I.-In the case of estates which are not assessed to land revenue on the date immediately preceding the date of vesting, the land revenue shall be deemed to be an amount computed on the basis of local rates or where there are no local rates, on such principles as may be prescribed. Explanation II.~For the purposes of this section an estate shall not, merely by reason of the fact that it is assessed to nominal land revenue, be deemed to be not assessed to land revenue. 41. Statement And The Compensation Assessment Roll To Be Signed By The Compensation Officer :- The statement prepared under Section 38 and the Draft Compensation Assessment Roll prepared under Section 40 shall be signed by the Compensation Officer and shall be receivable as evidence of the facts stated therein. 42. Gross Assets Of An Intermediary :- For purposes of Section 40, the gross assets of an intermediary, as respects his interest in a mahal shall be the aggregate of- (a) the whole of the gross assets entered in the statement under Section 38 in respect of any mahal or part or parts thereof to which he may be entitled exclusively; and (b) a share (proportionate to his share in the part or parts of the mahal) of the gross assets entered in the statement under Section 38 in respect of the part or parts to which he may be entitled jointly with others. 43. Gross Assets Of The Estate Held By A Thekedar :- Where the interest or share of an intermediary in any estate or part thereof, was, on the date immediately preceding the date of vesting, held by a thekedar, the gross assets of the thekedar calculated on the principles contained in Section 39, shall notwithstanding, that the same may otherwise not be payable to the intermediary, be deemed to be the gross assets of the intermediary in respect of the estate or part, as the case may be. Explanation. - In case of land (other than land which was sir or khudkasht of the lessor on the date of the commencement of the theka) under the personal cultivation of the thekedar the gross assets shall be deemed to be an amount determined at hereditary rates as may be applicable. 44. Net Assets Of An Intermediary :- For purposes of Section 40, the net assets of an intermediary in respect of a mahal shall be computed by deducting from his gross assets the following, namely- (a) any sum which was payable by him in the previous agricultural year to the State Government or superior landholder 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 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 to fifteen per centum of the gross assets; (d) where the intermediary holds any land in his personal cultivation or as khudkasht, intermediarys grove or sir (other than sir in which hereditary rights accrue), an amount computed at ex- proprietary rates, less the deductions (i) to (iii) hereinafter mentioned, for such portion only of the land in his personal cultivation or held as khudkasht, grove land or sir as is mentioned in Section 18; (i) the agricultural income-tax, if any, payable therefor, in the previous agricultural year in respect of the land to be ascertained in the prescribed manner, (ii) the land revenue, cesses and local rates payable therefor in the previous agricultural year to be ascertained in the prescribed manner, and (iii) fifteen per centum of such amount on account of matters referred to in clause (c); (e) the average of the income-tax paid in respect of the income from royalties mentioned in clause (f) of Section 39 computed over the period mentioned in the said clause and the cost of collection at such rates as may be prescribed; (f) ninety-five per centum of the gross income determined under clause (g) of Section 39, which shall be deemed to be the part of the income reserved to him in respect of the rights contained in Chapter VI. Explanation.-For the purposes of this section, land revenue which has been assigned, released, compounded or redeemed by reason of any grant or confirmation made by or on behalf of the State or any other competent authority in favour of such intermediary shall not be deemed to be a sum payable as land revenue to the State Government. 45. Calculation Of Gross Assets And Net Assets Of Under- Proprietors, Sub-Proprietors, Permanent Tenure-Holders And Permanent Lessees In Avadh :- In the case of proprietors to whom Section 78 of the U. P. Land Revenue Act, 1901, app ies or who are assignees of land revenue whose names are recorded in the record-of-rights maintained under clauses (a) to (d) of Section 32 of the said Act, under-proprietors, sub-proprietors, permanent tenure-holders and permanent lessees in Avadh, the provisions of Sections 39 to 44 shall be applicable subject to such incidental changes and modifications as may be prescribed and thereupon the gross assets and net assets of such intermediaries shall be computed accordingly. 46. Preliminary Publication Of The Draft Compensation Assessment Roll :- (1) After the Draft Compensation Assessment Roll in respect of any intermediary has been prepared, the Compensation Officer shall- (a) publish a notice in the Gazette and in such other manner as may be prescribed to the effect that the statement referred to in Section 38 and the Draft Compensation Assessment Roll mentioned in Section 40 have been prepared and are open to inspection by the persons concerned; (b) serve or cause to be served on the intermediary concerned a copy of the notice aforesaid along with a copy of the Draft Compensation Assessment Roll. (2) The notice under sub-section (1) shall call upon all persons interested, including a person who claims that the name of the intermediary is, in respect of any share or interest to which such person is entitled, entered in a representative capacity or in the capacity of the karta of a joint Hindu family, to appear and file objections upon such statement or roll within a period of two months : Provided that no objection on the ground that the intermediary is entitled to a greater or lesser share or part of the estate or is not entitled to any share or part thereof shall be entertained except when it is on any of the grounds mentioned in the notice or is in pursuance of any order under Section 32 or 33. 47. Date For Hearing Objections :- If any objection is filed within the time allowed therefor, it shall be registered by the Compensation Officer who shall fix a date for hearing the same and shall give intimation thereof to the intermediary concerned and to any person interested who may have appeared in reply to the notice under Section 46. 48. Hearing And Deciding Of Objections :- In hearing and deciding the objections filed under Section 46, the Compensation Officer shall, in so far as they may be 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, for the hearing and disposal of suits relating to immovable property. 49. Order Under Section 48 To Be A Decree Of A Civil Court :- The order of the Compensation Officer deciding an objection under Section 48 shall be deemed to be a decree of a Civil Court and shall contain a concise statement of the case, the points for determination, the decisions thereon and the reasons for such decisions. 50. Appeal To The District Judge :- Notwithstanding anything contained in any law, any person aggrieved by the order of the Compensation Officer deciding the objections under Section 48 may appeal to the District Judge : Provided that where the difference between the net assets entered in the roll and the net assets claimed by the intermediary exceeds rupees two thousand and five hundred, the appeal shall lie to the High Court. 50A. Power To Transfer Appeals To Civil Judges :- (1) A District Judge may transfer to any Civil Judge under his administrative control any appeal under Section 50 from the order of 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 50. 51. Appeal To The High Court :- An appeal shall lie to the High Court from the appellate decree of a District Judge passed under Section 50 or of a Civil Judge passed under Section 50-A, as the case may be, on any of the grounds specified in Section 100 of the Code pf Civil Procedure, 1908. 52. Final Compensation Assessment Roll :- (1) Where no objection has been filed in regard to the Draft Compensation Assessment Roll in pursuance of the notice under Section 46 or where such objections are filed and have been finally disposed of and the Draft Compensation Assessment Roll amended, altered or modified accordingly, the Compensation Officer shall sign the same and also affix his seal thereto. (2) The Compensation Assessment Roll when so signed and sealed shall become final. 53. Copy Of The Roll To Be Supplied To The Intermediary :- The Compensation Officer shall deliver free of charge a copy of the Compensation Assessment Roll to the intermediary concerned and shall cause a copy thereof to be affixed on the notice board of the office of the Assistant Collector in-charge of the sub-division. 54. Amount Of Compensation :- The amount payable as compensation to an intermediary in respect of his interest in the mahals to which the Compensation Assessment Roll relates shall, except where the interest of the intermediary therein is held by a thekedar, or where the intermediary is a thekadar, be eight times the net assets mentioned in the roll. 55. Amount Of Compensation Payable To A Thekedar :- Where the interest of the intermediary is held by a thekedar, an amount, which shall be calculated on the principles contained in Section 54 on the net assets mentioned in the Compensation Assessment Roll of such intermediary shall be the total compensation payable both to the intermediary and the thekedar in respect of their interest in the estate and the Compensation Officer shall apportion the amount between them having regard to- (a) the premium, if any, paid at the commencement of the theka or the lease, (b) the term and conditions of the theka; (c) loss, if any, caused to the thekedar as a result of the determination of the theka; (d) the gross assets and the net assets of the estate or estates under the theka; (e) the amount payable annually by the thekedar; (f) the fact that the total rights of the intermediary are being acquired and that those rights were held by him in perpetuity while the rights of the thekedar are or a limited character; and (g) such other matters as may be prescribed. 56. Procedure Under Section 55 :- In apportioning the compensation between the intermediary and his thekedar, the Compensation Officer shall follow such procedure as may be prescribed. 57. Order Under Section 55 To Be A Decree Of A Civil Court :- ( 1 ) The order of the Compensation Officer apportioning the compensation between the intermediary and his thekedar shall be deemed to be a decree of a civil Court of competent jurisdiction. (2) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie from the decree mentioned in subsection (1) to the District Judge. 57A. Power To Transfer Appeals To Civil Judges :- (1) A District Judge may transfer to any Civil Judge under his administrative control any appeals under Section 57 from the order of the Compensation Officer pending before him. (2) Appeals transferred under this section shall be disposed of in accordance with the procedure applicable to disposal of appeals by the District Judges under Section 57. 58. Appeal To The High Court :- An appeal shall lie to the High Court from the appellate decree of a District Judge passed under Section 57 or of a Civil Judge passed under Section 57-A, as the case may be, on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908. 59. Court-Fee Payable On A Memorandum Of Appeal :- Notwithstanding anything contained in the Court Fees Act, 1870 (VII of 1870), the Court-fee payable on a memorandum of appeal filed under Sections 50, 51, 57 or 58 shall be such, as may be prescribed. 60. Amount Of Compensation To Be Entered In The Roll :- The amount determined under Section 54 or 55 as compensation payable to an intermediary shall be declared by the Compensation Officer as the compensation payable to him in respect of his interest in the mahals to which the Compensation Assessment Roll relates and the Compensation Officer shall record it in the roll in his own writing. 61. Correction Of Bona Fide Mistakes :- (1) Except as provided by or under this Act, no correction shall be made in the Compensation Assessment Roll after it has become final. (2) The Compensation Officer having jurisdiction may, at any time before the payment of compensation, either of his own motion or on an application filed by a person interested, correct any clerical or arithmetical mistakes in the Compensation Assessment Roll or any error arising therein from any accidental slip or omission. 62. Injunction By A Civil Court Barred :- Except a Court or authority before whom an appeal under this Chapter is pending against an order or decree of the Compensation Officer, no Court or authority shall, notwithstanding anything contained in any law, issue any injunction against any person in respect of any proceedings pending before the Compensation Officer under this Chapter which has the effect of staying the proceedings. 63. Definition Of "Person Interested" :- In this Chapter "person interested" includes all persons whether or n o t recorded in the record-of-rights claiming to be entitled as intermediaries to the compensation or any part or share therein to be assessed and paid on account of the acquisition of estates under this Act. 64. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power, such rules may provide for- (a) the manner in which and the principles on which interest shall be calculated under Section 28; (b) the manner of deducting and adjusting interim compensation under Section 30; (c) the manner in which and the principles on which rent rates may be determined in areas in which no such rates have been determined; (d) the procedure to be followed in making corrections in the record of rights under Section 33; (e) the procedure to be followed in filing the copy of the plaint or objection under Section 35; (f) the form and the manner in which the statement under Section 38 shall be prepared; (g) the form and the manner in which the Compensation Assessment Roll shall be prepared under Section 40; (h) the form and the manner in which objections shall be filed under Section 46; (i) the mode and the form of registering the objections under Section 47; (j) the manner and the procedure to be followed in making correction under Section 61; and (k) the matters which are to be and may be prescribed. CHAPTER 4 PAYMENT OF COMPENSATION 65. Compensation Entered In The Roll To Be Paid To The Intermediary :- There shall be paid to every intermediary as compensation in respect of the acquisition of his rights, title and interest in every estate, the amount declared in that behalf under Section 60. 66. Intermediary Entered In The Roll To Receive Compensation :- Subject to the provisions of Section 70, the compensation payable under this Act shall be paid to the intermediary whose name is entered in the Compensation Assessment Roll. 67. Compensation Payable To The Legal Representative :- Where the person entitled to the compensation dies before it is paid to him, it shall be paid to his legal representatives. 68. Form Of Satisfaction Of Compensation :- The compensation payable under this Act, shall be given in cash or in bonds or partly in cash and partly in bonds as may be prescribed. 69. Deposit Of The Compensation Money With Bank Or Other Authority In Certain Cases :- (1) Where the person entitled to receive the compensation is a waqf, trust or endowment or a minor or a person suffering from some legal disability or a limited owner, the compensation may, notwithstanding anything contained in any law but subject to any general directions that the State Government may give, be deposited, for and on behalf of the person, with such authority or Bank as may be prescribed. (2) Nothing in sub-section (1) shall be deemed to prejudice the rights of a person for whom or on whose behalf the compensation has been deposited to utilize and dispose of the same in accordance with the law governing such rights. Explanation. -For the purposes of this section a person shall not be deemed to be a limited owner merely by reason of the fact that a declaration has been made under the provisions of the Oudh Settled Estates Act, 1917, or the United Provinces Estates Act, 1920, in respect of the estate for which the compensation is payable. 70. Compensation Money To Be Placed At The Disposal Of The Court Or Authority :- Where before any Court or authority any suit or proceeding is pending which directly or indirectly affects or is likely to affect the right of any person to receive the whole or part of the compensation determined under Chapter III, the Court or authority may require the Compensation Officer to place at its disposal the amount so payable and thereupon the same shall be disposed of in accordance with the orders of such Court or authority. 71. Settlement Of The Amount Of Compensation Due To Guzaredars :- (1) If any person claiming as guzaredar to be entitled on account of guzara to any portion of the compensation awarded to an intermediary under this Chapter applies to the Compensation Officer for payment of the same to him, the Compensation Officer may, with the consent of the intermediary direct the compensation or the portion, as may be agreed to be paid to the applicant, and the payment of the amount to the applicant shall be full discharge of the State Government. (2) If the intermediary does not give his consent, the Compensation Officer shall direct the applicant to file, within three months next following a suit or other proceedings in the Court having jurisdiction to establish his claim, and order that the amount shall not in the meantime be paid to the intermediary. (3) The State Government shall not be made a party to any suit or proceeding instituted or commenced in pursuance of the direction given under sub-section (2). ( 4 ) If the suit or proceeding mentioned in sub-section (2) is instituted or commenced within the period aforesaid, the Compensation Officer shall place the amount of compensation at the disposal of the Court before which such suit is instituted or commenced. (5) If the suit or the proceeding is not instituted or commenced within the period of three months aforesaid, the Compensation Officer shall order the amount to be paid to the intermediary. Explanation.-For the purpose of this section a guzaredar means a person entitled to receive guzara under a registered deed, decree or order of Court or any enactment. 72. Power To Make Rules :- (1) The State Government may make rules for the 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 procedure to be followed in placing the amount of compensation at the disposal of the Court or authority under Section 70; and (b) the matters which are to be and may be prescribed. CHAPTER 5 REHABILITATION GRANT 73. Payment Of Rehabilitation Grant :- There shall be paid by the State Government to every intermediary (other than a thekedar), whose estate or estates have been acquired under the provisions of this Act, a rehabilitation grant as hereinafter provided : Provided that, where, on the date immediately preceding the date of vesting, the aggregate land revenue payable by the intermediary in respect of all his estates situate in the areas to which this Act applies exceeded rupees ten thousand, no such grant shall be paid to him : Provided further that a waqf, trust or endowment belonging to any of the classes mentioned in clause (a) or sub-clause (i) of clause (c) of Section 99, shall be paid rehabilitation grant in accordance with the provisions of said section irrespective of the amount of land revenue payable by such waqf, trust or endowment. 74. Date From Which The Grant Shall Be Payable :- The rehabilitation grant due under Section 75 shall be payable on or from the date on which the compensation payable to the intermediary in respect of all his estates in the areas to which this Act, applies has been determined : Provided that in the case of waqf, trust or endowment referred to in clause (a) and sub-clause (i) of clause (c) of Section 99, the rehabilitation grant shall be payable from the date of vesting. 75. Legal Representatives Entitled To Receive The Grant :- I n the case of death of intermediary entitled to be paid the rehabilitation grant under Section 73, his legal representatives shall be entitled to receive and be paid the said grant. 76. Waqfs, Trusts Or Endowments To Be Classified :- For purposes of assessment and payment of rehabilitation grant, all waqfs, trusts or endowments shall be classified in three classes, viz.,- (a) waqfs, trusts or endowments which are wholly for religious or charitable purposes; (b) waqfs, trusts or endowments which are partly for religious or charitable purposes and partly for purposes other than religious or charitable; (c) waqfs, trusts or endowments which are wholly for purposes other than religious or charitable. Explanation I.-The profits from any waqf, trust or endowed property or the portion of such profits used or intended to be used for or on the support of the founder or his family or his or their descendants shall, notwithstanding anything contained in any law to the contrary, be deemed to be profits not used or intended to be used for a religious or charitable purpose. Explanation II. -A society registered under the Societies Registration Act, 1860, having for its objects a charitable purpose is a trust for such purpose. 77. Waqf, Trust Or Endowment Created On Or After August 8,1946, Not To Be Recognised :- Notwithstanding anything contained in any law for the time being in force, no waqf, trust or endowment, 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 recognised as such for assessment and payment of rehabilitation grant under this Act and any estate or part of an estate in respect of which a waqf, trust or endowment has been so made by an intermediary shall be deemed to belong to such intermediary and the rehabilitation grant in respect thereof shall be determined as if no such waqf, trust or endowment had been created : Provided that the rehabilitation grant awarded in respect of the estate or the part shall, notwithstanding anything hereinbefore contained, be payable to the mutawalli, trustee or other person vested with the management of the waqf, trust or endowment and not to the intermediary. Exception. -A waqf, trust or endowment wholly for charitable purposes shall be recognised unless the State Government in any particular case directs otherwise. 78. Intermediary Entitled To Receive The Rehabilitation Grant :- Subject to the decree or order of any Court of competent jurisdiction, the intermediary to whom compensation is payable or has been paid in respect of any estate under Chapters III and IV shall, for purposes of payment of rehabilitation grant, be deemed to be entitled to such estate. 79. Application For Rehabilitation Grant :- An intermediary entitled to be paid the grant may within three years from the date it has become payable under Section 74 or within three years from the date of commencement of the Uttar Pradesh Land Reforms (Amendment) Act, 1958, whichever may be later, apply in writing to the Rehabilitation Grants Officer for determination and payment of the grant. 79A. Application By The Collector In Certain Cases :- (1) Where an intermediary, whose application under Section 4 of the U. P. Encumbered Estates Act, 1934, is pending with the Collector for liquidation of his debts, does not apply in writing within ninety days of the date on which the rehabilitation grant becomes payable to him, the Collector may, after making such enquiry as he may deem necessary, and shall, on the application of a creditor entitled to liquidation of the debts of such intermediary under Section 23-B of the aforesaid Act, apply, in the manner prescribed, to the Rehabilitation Grants Officer, for the determination and payment of the grant, anything contained in Sections 80 to 83 to the contrary notwithstanding. (2) The application made by the Collector under sub-section (1) shall be deemed to be an application on behalf of the debtor intermediary and the provisions of this Chapter shall mutatis mutandis apply as if it were an application under Section 79. (3) Subject to any condition or restriction that may be prescribed, t h e Collector may, by a written order, require any person to produce such documents, papers or registers or to furnish such information as he may deem necessary for the proper discharge of his duties under sub-section (4) Every person required to produce any document, paper or register or to furnish any information under sub-section (3) shall be deemed legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code. 80. Contents Of The Application Under Section 79 :- T h e application under Section 79 shall contain the following particulars- (a) the details of all his estates situate in the area to which this Act, applies; (b) the net assets of all such estates determined under Chapter III; (c) the date or dates on which the compensation has been finally determined or paid to the applicant and the amount thereof; (d) the land revenue assessed or deemed to be assessed in respect of each of the estates aforesaid on the date immediately preceding the date of vesting; (e) if the applicant is member of a joint Hindu family, the names of all his male lineal descendants or ascendants who are alive and the particulars of estates, if any, for which compensation on account of acquisition of estates under this Act may have been determined or paid to any such descendant or ascendant; (f) if the applicant is a waqf, trust or endowment- (i) the class to which the waqf, trust or endowment belongs in terms of clauses (a) to (c) of Section 76, (ii) the total income from the whole of its property and estates whether acquired or not under this Act, (iii) the income separately from estate or estates acquired under this Act, and (iv) in the case of waqf, trust or endowment falling in clause (b) of Section 76-its income, property and estates set apart, used or intended to be used exclusively for religious or charitable purposes and its income, property and estates set apart, used or intended to be used exclusively for purposes other than religious or charitable; (g) the right in which the applicant claims the grant; (h) such other particulars as may be prescribed. 81. Verification And Signing Of The Application Under Section 79 :- The application under Section 79 shall be signed and verified in the manner laid down for verification and signing of plaints in the Code of Civil Procedure, 1908. 82. Filing Of Affidavit With The Application Under Section 79 :- (1) The application under Section 79 shall be accompanied by an affidavit either of the applicant himself or, where the applicant is a waqf, trust or endowment or is a minor or is a person suffering from any other legal disability of the mutawalli, trustee, manager or guardian, as the case may be, stating that no such application was or has been previously made and that the applicant has not so far been paid any rehabilitation grant under the provisions of this Act. (2) Every such application shall, also be accompanied by copies of the Compensation Assessment Rolls in respect of the estates for which compensation has been finally determined or paid under this Act. 83. Penalty For False Statement In The Application :- If a person makes a statement in the verification mentioned in Section 81 which is false, and which he either knows or believes, to be false, or does not believe to be true, he shall be deemed to have committed an offence punishable under Section 193 of the Indian Penal Code, 1860. 84. Filing Of Application Under Section 79 :- T h e application under Section 79 shall be made before the Rehabilitation Grants Officer within whose jurisdiction the applicant ordinarily resides and in the case of a waqf, trust or endowment or a corporation its principal office is situate. Explanation.-Where the applicant does not ordinarily reside within the jurisdiction of any Rehabilitation Grants Officer, the application shall be made before any Rehabilitation Grants Officer within whose jurisdiction the estate or estates are situate. 85. Date Of Hearing Of The Application :- (1) Where the application is in proper form and duly presented and the Rehabilitation Grants Officer is, after such preliminary enquiry as may be prescribed, satisfied that there is ground for entertaining the application, he shall fix a date for hearing thereof and cause notice of the application and of the date fixed for the hearing- (a) to be served on the applicant and on any person to whom in his opinion special notice of the application should be given; and (b) to be pasted in some conspicuous part of his office. (2) In the case of a waqf, trust or endowment, the Rehabilitation Grants Officer shall also publish a general notice in the Gazette and in such other manner as may be prescribed calling upon all persons interested to file objections, if any, within the prescribed time. (3) Where the Compensation Assessment Roll of any intermediary contains an entry about any dispute made under Section 36, or any person files a certified copy of a plaint or objection relating to a suit o r proceeding of the nature referred to in Section 35, the Rehabilitation Grants Officer shall, if the result of such suit or proceeding will affect or is likely to affect the determination of the multiple under Section 98, stay the hearing of the application. 86. Objections On The Application Under Section 79 :- Any person interested may, on or before the date specified in the notice, file an objection disputing the correctness or nature of an entry in the application or pointing out any omission therefrom if it affects or is likely to affect- (a) the determination of the property or estates comprised in the waqf, trust or endowment; (b) the determination of the property or estates set apart, used or intended to be used for religious or charitable purposes; or (c) the determination of the income or part of the the income from such property or estates set apart or used for religious or charitable purposes; and (d) the determination of the amount of rehabilitation grant payable to the applicant: Provided that no objection shall be entertained in so far as it disputes the correctness of the amount of gross assets or net assets determined in respect of the estates under Chapter III. 87. Registration Of Objections And Notice To Parties :- Where there are more claimants than one to the grant or where objections have been filed under Section 86, the Rehabilitation Grants Officer shall register in the prescribed manner all such claims or objections and shall serve or cause to be served as notice together with a copy of every such claim or objection on the parties concerned and shall require them to appear and answer the same on the date of hearing fixed under Section 85. 88. Investigation And Disposal Of Objections :- On the date so specified or on any other date to which the hearing may be postponed, the Rehabilitation Grants Officer shall proceed to investigate and dispose of the claims or objections. 89. Management Charges :- Notwithstanding anything contained in any document or scheme of administration of the waqf, trust or endowment, the Rehabilitation Grants Officer shall allow only such amount or amounts on account of management and other charges as may be prescribed. 90. Inquiry Into The Validity Of Transfer Or Partition In Respect Of Estate :- In deciding the application filed under Section 79 and the objection filed under Section 86, the Rehabilitation Grants Officer shall inquire into the validity of any transfer or partition in respect of any estate made in favour of or by or on behalf of the applicant in contravention of the provisions of Sections 23 and 37 and in declaring the amount due to the applicant on account of the rehabilitation grant, he shall not take into account such transfer or partition. 91. Order Disposing Of The Objections :- The order disposing of the claims or objections passed "by the Rehabilitation Grants Officer shall contain such particulars as may be prescribed. 92. Statement Of Estates :- After the objections filed under Section 86 have been decided and the enquiry under Section 90 has been completed, the Rehabilitation Grants Officer shall prepare a statement in respect of the applicant showing- (a) the details of all the estates of the applicant situate in the area in which this Act, applies; (b) the net assets of all such estates determined under Chapter (c) the aggregate of land revenue assessed or deemed to be assessed in respect of all such estates on the date immediately preceding the date of vesting; (d) where the applicant is a member of a joint Hindu family, the details of all the estates in respect of which compensation is payable, or has been paid to the applicant or his male lineal descendant or ascendant in the male line of descent or ascent, the net assets of all such estates determined under Chapter III and the land revenue assessed or deemed to be assessed in respect of all such estates en the date aforesaid; and (e) such other particulars as may be prescribed. 93. Statement In Respect Of A Waqf, Trust Or Endowment :- I n 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 clause (b) of the said section, the following further particulars, namely- (a) details of all the property and estates comprised therein; (b) property and estates- (i) set apart exclusively for religious or charitable purposes, (ii) set apart exclusively for purposes other than religious or charitable, and (iii) not set apart exclusively for any of the purposes aforesaid, ( c ) the gross and the net income separately from every such property or estates; (d) the portion of the net income from the property and estates mentioned in sub-clause (iii) of clause (b) used or intended to be used- (i) for religious or charitable purposes, and (ii) for purposes other than religious or charitable; (e) the proportion which the portion of the income mentioned in sub-clause (i) of clause (d) bears to the net income mentioned in sub-clause (ii) of clause (d); (f) (i) the net assets of the estates mentioned in sub-clause (i)of clause (d); (ii) the net assets of the estates mentioned in sub- clause (i) of clause (b); (iii) the net assets of the estates mentioned in sub-clause (iii) of clause (b) the income whereof is used or intended to be used for religious or charitable purposes; (iv) the net assets of the estates mentioned in sub-clause (iii) of clause (b) the income whereof is used or intended to be used for purpose other than religious or charitable; (g) the aggregate of the net assets of the estates set apart, used or intended to be used-(i) for religious or charitable purposes,(ii) for purposes other than religious or charitable, and (h) the land revenue assessed or deemed to be assessed in respect of estates falling in sub-clauses (i) and (ii) of clause (g). 94. Principles For Classification Of The Property And Apportionment Of Net Income Under Section 93 :- In classifying the property and estates for purposes of clause (b) of Section 93 and in apportioning the net income for purposes of clause (d) of the said section, the Rehabilitation Grants Officer shall have regard to- ( a ) the wishes, if any, of the founder of the waqf, trust or endowment; (b) the portion of the income from the property and the estates which have generally been used or applied to these purposes; and (c) the principles of justice, equity anc good conscience. 95. Apportionment Of Net Assets Of The Estates :- I n apportioning the net assets of the estates mentioned in sub- clause (iii) of clause (b) of Section 93 for purposes of sub-clauses (iii) and (iv) of clause (f) of the said section, the Rehabilitation Grants Officer shall distribute the net assets in the proportion mentioned in clause (e) thereof. 96. Determination Of Land Revenue Of Estates Used For Religious Or Charitable Purposes And For Other Purposes :- I n determining the land revenue assessed or deemed to be assessed in respect of estates the income whereof is used or intended to be used- (a) for religious or charitable purposes, and (b) for purposes other than religious or charitable, the land revenue assessed on all the estates mentioned in sub-clause (iii) of clause (b) of Section 93 shall be distributed in the proportion referred to in clause (e) of the said section. 97. Determination Of The Amount Of Rehabilitation Grant :- After the statement under Section 92 has been prepared, the Rehabilitation Grants Officer shall determine the amount payable as rehabilitation grant to each intermediary. 98. Amount Of The Grant :- Subject to such marginal adjustments as may be prescribed, the amount payable as rehabilitation grant to an intermediary shall, except in the case of waqf, trust or endowment, be such multiple of the net assets mentioned in the statement prepared under Section 92 as may be applicable in accordance with the table given in Schedule I. 99. Amount Of Rehabilitation Grant In The Case Of A Waqf, Trust Or Endowment :- In the case of waqf, trust or endowment, the amount payable as rehabilitation grant shall be- (a) where the waqf, trust or endowment belongs to class (a) mentioned in Section 76, an annuity which shall be equal to the net assets of all the estates comprised in the waqf, trust or endowment, less the amount of interest calculated at two and a half per centum per annum on the amount of compensation payable to such waqf, trust or endowment; (b) where the waqf, trust or endowment belongs to class (c) mentioned in Section 76, the amount determined in accordance with the principles laid down in Section 98; (c) where the waqf, trust or endowment belongs to class (b) mentioned in Section 76- (i) in respect of the estates referred to in sub-clause (i) of clause (g) of Section 93, an annuity determined in accordance with the principles laid down in clause (a), and (ii) in respect of estates referred to in sub-clause (ii) of clause (g) of Section 93, an amount calculated in accordance with the principles laid down in Section 98. 100. Rehabilitation Grant In The Case Of Certain Classes Of Intermediaries :- In the case of under-proprietors, sub-proprietors, permanent tenure-holders and permanent lessees in Avadh, the provisions of this Chapter shall be applicable, subject to such incidental changes and modifications as may be prescribed. 100A. Special Provision For Re-Determination Of Annuity, To Certain Waqfs, Trusts And Endowments :- (1) Where any person acting or purporting to act on behalf of any waqf, trust or endowment referred to in clause (a) or clause (b) of Section 76, has omitted to claim the annuity payable to such waqf, trust or endowment under Section 99 or has made a wrong claim in respect thereof or any mistake has been made by the Rehabilitation Grants Officer in the determination of annuity payable to such waqf, trust or endowment, and as a result of any such omission, wrong claim or mistake the amount determined to be payable to it is less than the amount actually due under the said Section 99 or the amount so determined is not in the form of annuity, any person competent to act on behalf of the waqf, trust or endowment, may file an application before the Rehabilitation Grants Officer for re- determination of the amount of annuity payable in accordance with the provisions of this Act to the waqf, trust or endowment. (2) The application referred to in sub-section (1) may be filed on or before thirtieth June, 1972 and shall be in such form, as may be prescribed, and the provisions of this Act and the rules made thereunder shall be applicable thereto as if the aforesaid application were an application made under Section 79 : Provided that in re-determining the amount payable to any waqf, trust or endowment, the amount already paid in cash or in bonds or partly in cash and partly in bonds or previously determined to be so payable in respect of the estate to which the application relates shall be deducted or adjusted, as the case may be. (3) The provisions of this section shall have effect, notwithstanding any judgment, decree or order of any Court or anything contained in any other provision of this Act or any rules made thereunder. 100B. Special Relief To Certain Waqfs, Trusts And Endowments :- (1)Every waqf, trust or endowment- (a) which is wholly for religious or charitable purposes, and (b) which had been created before the eighth day of August, 1946, and (c) which, immediately preceding the date of vesting, had the right to realise land revenue in respect of land in any estate which has vested in the State under this Act, as assignee or grantee thereof, shall, notwithstanding that its name was not recorded in the record-of-rights maintained under clauses (a) to (d) of Section 32 of the U. P. Land Revenue Act, 1901 (U. P. Act III of 1901), as it stood, immediately prior to the coming into force of this Act and was accordingly not entitled to any compensation and rehabilitation grant under this Act, be paid, with effect from the date of vesting, an annuity which shall be equal to the annual land revenue payable to it as aforesaid immediately preceding the date of vesting, less fifteen per centum thereof on account or the estimated cost of management and bad debts. (2) A waqf, trust or endowment referred to in sub-section (1) may, on or before thirteith June, 1972 apply for determination and payment of the annuity referred to in sub-section (1). (3) The provisions of this Act and the rules made thereunder in so far as they relate to determination and payment of rehabilitation grant shall mutatis mutandis apply to the determination and payment of annuity under sub-section (2). 101. Appeal :- An appeal shall lie to the District Judge from any order, of the Rehabilitation Grants Officer dismissing an application under Section 85, or disposing of an objection under Section 88, or from any order under Sections 90, 98,99,100-A or 100-B. 101A. Power To Transfer Appeals To Civil Judges :- (1) A District Judge may transfer to any Civil Judge under his administrative control any appeal under Section 101 from the order of the Rehabilitation Grants Officer pending before him. (2) Appeals transferred under this section shall be disposed of in accordance with the procedure applicable to disposal of appeal by the District Judge under Section 101. 102. Revision :- The High Court may, for the purpose of satisfying itself that the order of the District Judge deciding an appeal under Section 101 or of a Civil Judge passed under Section 101-A, as the case may be, was according to law, call for the record and pass such order with respect to the case, as it thinks fit. 103. "Land Revenue" Defined :- In this Chapter the expression "land revenue" includes the rent payable by an under-proprietor, a permanent tenure-holder or a permanent lessee in Avadh to the superior proprietor or to the proprietor, as the case may be. 104. Procedure For Payment Of The Grant :- The provisions of Chapter IV shall mutatis mutandis, apply to the payment of the rehabilitation grant. 105. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of the foregoing power 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 applications shall be filed under Section 97; (c) the form of the affidavit under Section 82 and the manner of its filing; (d) the form of general notice to be published under Section 85; (e) the form and the procedure in which the objections shall be filed under Sections 85 and 86; (f) the procedure to be followed in the hearing and disposal of objections under Section 88; (g) the manner of determining the management charges to be allowed under Section 89; (h) the procedure of the enquiry under Section 90; (i) the form and manner in which the statements under Sections 92 and 93 shall be prepared; and (j) the matters which are to be and may be prescribed. CHAPTER 6 MINES AND MINERALS 106. Working Of Mines To Be Governed By This Chapter :- Notwithstanding anything contained in this Act, the right to operate or work mines and to extract minerals therefrom shall, from the date of vesting, be governed by the provisions of this Chapter. 107. Mines Worked By The Intermediary :- 1) With effect from the date of vesting, all mines comprised in the estate or estates acquired under this Act, as were in operation on the date immediately preceding the said date and were being worked directly by the intermediary shall, if so desired by him, be deemed to have been leased by the State Government to the intermediary, and such intermediary shall be entitled to retain possession of those mines as a lessee thereof. (2) The terms and conditions of the said lease by the State Government shall be such as may be agreed upon between the State Government and the intermediary, or, in default of agreement, as may be settled by a Mines Tribunal appointed under Section 110 : Provided that all such terms and conditions shall be in accordance with the provisions of any Central Act, for the time being in force, regulating the grant of new mining leases. 108. Subsisting Leases Of Mines And Minerals :- (1) Where immediately before the date of vesting of the estate or estates, there is a subsisting lease of mines or minerals comprised in the estate or estates or any part thereof, the whole or the part of the estate or estates comprised in such lease shall, with effect from the date of vesting, be deemed to have been leased by the State Government to the holder of the said subsisting lease for the remainder of the term of that lease, and such holder shall be entitled to retain possession of the lease-hold 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 the lease had not, before the date of the commencement of this Act, done any prospecting or development work, the State Government shall be entitled at any time before the expiry of one year from the said date to terminate the lease by giving three months notice in writing: Provided that nothing in this sub-section shall be deemed to prevent any modifications being made in the terms and conditions of the said lease in accordance with the provisions of any Central Act for the time being in force regulating the modification of existing mining leases. (3 ) The holder of any such lease of mines and minerals as is referred to in sub-section (1) shall not be entitled to claim any damages from the outgoing intermediary on the ground that the terms of the lease executed by such intermediary in respect of the said mines and minerals have become incapable of fulfilment by the operation of this Act. 109. Buildings And Lands Appurtenant To Mines :- Where by virtue of Section 107 or Section 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 nave been leased by the State Government to that lessee with effect from the date of vesting of the estate or estates, and the lessee shall be entitled to retain possession of all such buildings and lands subject to the payment of such fair and equitable ground rent as may be agreed upon between the State Government and the lessee, or in default of agreement, as may be fixed by a Mines Tribunal appointed under Section 110. 110. Mines Tribunal :- (1) Any Mines Tribunal appointed for the purposes of Sections 107, 109 and 111 shall consist of a Chairman who shall be a District Judge and a member, who shall be a mining expert, both of whom shall be appointed by a State Government. (2) In settling the terms and conditions of a lease by the State Government under Section 107, the Mines Tribunal shall have power to determine the extent of the property deemed to have been leased by the State Government. (3) The Tribunal shall follow such procedure as may be prescribed. (4) If there is a difference of opinion between the Chairman and the member in regard to any matter, it shall be referred by the Chairman to a Judge of the High Court nominated by the Chief Justice in this behalf, and the decision of such Judge shall be binding on the Tribunal. 111. Compensation For Premature Termination Of Lease Of Mines And Minerals :- (I) 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 the State Government for the premature termination of the lease as may be agreed upon between the State Government and the holder of the lease, or in default of agreement, as may be determined by a Mines Tribunal appointed under Section 110. (2) In determining the compensation payable under sub-section (1), the Tribunal shall, among other things, have regard to the genuineness of the transaction, and the period for which the lease has been in force. 112. Power To Make Rules :- The State Government may make rules for the .purpose of carrying into effect the provisions of this Chapter. PART 2 PART II C H A P T E R 7 GAON SABHAS AND LAND MANAGEMENT COMMITTEES 113. Omitted :- 114. Omitted :- 115. Omitted :- 116. Omitted :- 113 to 116. [Omitted by U. P. Act No. 33 of 1961] 117. Vesting Of Certain Lands Etc., In Gaon Sabha And Other Local Authorities :- (1) At any time after the publication of the notification referred to in Section 4, the State Government may, by general or special order to be published in the manner prescribed, declare that as from a date to be specified in this behalf, all or any of the following things, namely- (i) lands, whether cultivable or otherwise, except lands for the time being comprised in any holding or grove, (ii) forests, (iii) trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi, (iv) fisheries, (v) hats, bazars and melas, except hats, bazars and melas held on lands to which the provisions of clauses (a) to (c) of subsection (1) of Section le apply or on sites and areas referred to in Section 9, and (vi) tanks, ponds, private ferries, water channels, pathways and abadi sites, which had vested in the State under this Act, shall vest in a Gaon Sabha or any other local authority established for the whole or part of the village in which the said things are situate, or partly in one such local authority (including a Gaon Sabha) and partly in another : Provided that it shall be lawful for the State Government to make the declaration aforesaid subject to such exceptions and conditions as may be specified in such order. (2) Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, by general or special order to be published in the manner prescribed, declare that as from a date to be specified in this behalf, all or any of the things specified in clauses (i) to (vi) of sub-section (1) which after their vesting in the State under this Act had been vested in a Gaon Sabha or any other local authority, either under this Act or under Section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, shall vest in any other local authority (including a Gaon Sabha) established for the whole or part of the village in which the said things are situate. (3) Where any declaration has been made under sub-section (1) or sub-section (2) vesting any of the things specified in clauses (0 to {vi) of sub-section (1) in any Gaon Sabha, and the village or the part of the village in which that thing is situate lies outside the circle of the Gaon Sabha, such Gaon Sabha or its Land Management Committee shall in respect of that thing perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Act or the U. P. Panchayat Raj Act, 1947, on a Gaon Sabha or a Land Management Committee, as the case may be, as if that village or part of village also lay within that circle. (4) Where a declaration has been made under sub-section (1) or subsection (2) vesting any of the things specified in clauses (i) to {vi) of subsection (1) in a local authority other than a Gaon Sabha and the village or the part of the village in which the thing is situate is outside the limits of such local authority, or whereafter any declaration is made under subsection (1) or sub-section (2), the thing vests or, as the case may be, had vested in a Nagar Mahapalika under Section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, such local authority shall in respect of that thing perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Act or the U. P. Panchayat Raj Act, 1947, on a Gaon Sabha or a Land Management Committee: Provided that the local authority shall in the performance, discharge and exercise of its functions, duties and powers under this sub- section follow such procedure as may be prescribed. (5) Where any of the things specified in clauses (i) to (vi) of subsection (1) is vested in a local authority other than a Gaon Sabha the provisions of Sections 126 and 127 shall, subject to such exceptions and modifications, if any, as the State Government may specify in this behalf by general or special order to be published in the manner prescribed apply, mutatis mutandis, to such local authority. (6) The State Government may at any time, by general or special order to be published in the manner prescribed, amend or cancel any declaration, notification or order made in respect of any of the things aforesaid, whether generally or in the case of any Gaon Sabha or other local authority, and resume such thing and whenever the State Government so resumes any such things, the Gaon Sabha or other local authority, as the case may be, shall be entitled to receive and be paid compensation on account only of the development, if any, effected by it in or over that thing : Provided that the State Government may after such resumption make a fresh declaration under sub-section (1) or sub-section (2) vesting the thing resumed in the same or any other local authority (including Gaon Sabha), and the provisions of sub-sections (3), (4) and (5), as the case may be, shall mutatis mutandis, apply to such declaration. 117A. Further Provision For Exercise Of Further Extra-Territorial Jurisdiction By Gaon Sabha Or Other Local Authority :- (1) Where- (a) any village or part of a village situated within the circle of a Gaon Sabha is included after 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 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 liethen the State Government, may by general or special order to be published in the manner prescribed direct that in relation to the holding area within any such village or part thereof or, in the case of clause (c), within the remainder of the village or part thereof to which the thing referred to in that clause appertains, such Gaon Sabha or its Land Management Committee or other local authority a s may be specified in such order shall perform, discharge and exercise, subject to such exceptions, conditions and modifications, if any, as may be specified in this behalf, the functions, duties and powers assigned, imposed or conferred by or under this Act or the U. P. Panchayat Raj Act, 1947 on a Gaon Sabha or Land Management Committee. (2) Any Gaon Sabha or other local authority performing, discharging or exercising any of the functions, duties or powers of the nature referred to in sub-section (1) in relation to any area or thing referred to therein on the day immediately before the commencement of the Uttar Pradesh Land Laws Amendment Act, 1965, shall continue to perform, discharge or exercise such functions, duties or powers until any modification or annulment is made in respect thereof by notification or order under the said sub- section. (3) The provisions of this section shall be in addition to and not in derogation of anything contained in sub-sections (3) to (6) of Section 117. 118. Omitted :- Omitted by U. P. Act No. 37 of 1958]. 119. Vesting Of Certain Hats, Bazars, Melas And Private Ferries, Etc., In The Zila Parishad Or Other Authority :- Notwithstanding anything contained in section 117, the State Government may, at any time by general or special order to be published in the manner prescribed, declare, that as from the date to be specified, hats, bazars, melas, private ferries and water channels hereinbefore vested in the Gaon Sabha, shall be transferred to and be vested in the Zila Parishad or any other authority as may be specified, who shall thereupon notwithstanding anything contained in this Act be charged with the management, superintendence, preservation and control thereof in accordance with the law as may be applicable, for the time being in force. 120. Omitted :- Omitted by U. P. Act No. 37 of 1958]. 121. Omitted :- Omitted by U. P. Act No. 37 of 1958]. 122. Omitted :- Omitted by U. P. Act No, 33 of 1961]. 122A. Superintendence, Management And Control Of Land, Etc. By The Land Management Committee :- (1) Subject to the provisions of this Act, the Land Management Committee shall be charged, for and on behalf of the Gaon Sabha, with the general superintendence, management, preservation and control of all the land, forests within village boundaries, trees (other than trees in a holding, grove or abadi), fisheries, tanks, ponds, water channels, pathways, abadi sites and hats, bazars and melas, vested in the Gaon Sabha under Section 117. (2) Without prejudice to the generality of the foregoing provisions, the functions and duties of the Land Management Committee shall include- (a) the settling and management of land; (b) the conduct and prosecution of suits and proceedings by or against the Gaon Sabha; (c) the development and improvement of agriculture; (d) the preservation, maintenance and development of forests and trees; (e) the maintenance and development of abadi sites and village communications; (f) the management of hats, bazars and melas; (g) the development of co-operative farming; (h) the development of animal husbandry which includes pisciculture and poultry farming; (i) the consolidation of holdings; (j) the development of cottage industries; (k) the maintenance and development of fisheries and tanks ; and (1) such other matters as may be prescribed. (3) Subject to such conditions as may be prescribed, the Chairman or any other office-bearer or member of the Land Management Committee shall, for and on behalf of the Land Management Committee, be entitled to sign any document and to do all other things for the conduct and prosecution of suits and other proceedings. 122B. Powers Of The Land Management Committee And The Collector :- Substituted by U. P. Act No. 20 of 1982 (w.e.f. 3-6-1981).(l) 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 Explanation.- For the purposes of this section, the expression Collector means the officer appointed as Collector under the provisions of the U. P. Land Revenue Act, 1901 and includes an Additional Collector. Substituted by U. P. Act No. 24 of 1986.[(4-F) Notwithstanding anything in the foregoing sub-sections, where any agricultural labourer belonging to a Scheduled Caste or Scheduled Tribe is in occupation of any land vested in a Gaon Sabha under Section 117 (not being land mentioned in Section 132) having occupied it from before Substituted by U. P. Act No. 38 of 2007 (w.e.f. 25-8-2007). [May 13,2007] and the land so occupied together with land, if any, held by him from before the said date as bhumidhar, sirdar or asami, does not exceed 1.26 hectares (3.125 acres), then no action under this section shall be taken by the Land Management Committee or the Collector against such labourer, and Substituted by U. P. Act No. 11 of 2002 (w.e.f. 21-6-2002).[he shall be admitted as bhumidhar with non-transferable rights of that land under Section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non- transferable rights in that land]. Explanation.-The expression agricultural labourer shall have the meaning assigned to it in Section 198/ Substituted by U. P. Act No. 35 of 1976.[(5) Rules 115-C to 115-H of the U. P. Zamindari Abolition and Land Reforms Rules, 1952, shall be and be always deemed to have been made under the U. P. Zamindari Abolition and Land Reforms Act, 1950 as amended by the Uttar Pradesh Land Laws (Second Amendment) Act, 1961, as if this section has been in force on all material dates and shall accordingly continue in force until altered or repealed or amended in accordance with the provisions of this Act.] SHORT NOTES W h ere proceeding initiated under this provision against the petitioner with the allegation that he has occupied plot recorded as chak Road, and the petitioner filed objection with prayer to make spot inspection denying the occupation, and Tahsildar passed order directing for ejectment and recovery of Rs. 100 as damages without recording reason, therefore such order was set aside with direction to Tahsildar to pass appropriate order after making spot inspection.-Babau Ram v. Addl. Distt. Magistrate, 2008 (104) RD 201. 122C. Allotment Of Land For Housing Site For Members Of Scheduled Castes, Agricultural Labourers, Etc :- (1) The Assistant Collector incharge of the sub-division of 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 Substituted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[the Scheduled Tribes and 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 provision of this Act; (c) any other land which is deemed to be or becomes vacant under Section 13, Section 14, Section 163, Section 186 or Section 211; (d) where the land earmarked for the extension of abadi and reserved as abadi site for Harijans under the U. P. Consolidation of Holdings Act, 1953, is considered by him to be insufficient, and land earmarked for other public purposes under that Act is available, then any part of the ana so available. (2) Notwithstanding anything in Sections 122-A, 195,196,197 and 198 of this Act, or in Sections 4, 15, 16, 28-B and 34 of the United Provinces Panchayat Raj Act, 1947, the Land Management Committee may with the previous approval of the Assistant Collector in-charge of the subdivision, allot for purposes of building of houses, to persons referred to in sub-section (3)- (a) any land earmarked under sub-section (1); (b) any land earmarked for the extension of abadi sites for Harijans under the provisions of the U. P. Consolidation of Holdings Act, 1953; (c) any abadi site referred to in clause (iv) of sub-section (1) of Section 117 and vested in the Gaon Sabha; (d) any land acquired for the said purposes under the Land Acquisition Act, 1894. (3) The following order of preference shall be observed in making allotments under sub-section (2)- Substituted by U.P. Act No. 38 of 2007 (w.e.f. 31-7-2007).[(i) an agricultural labourer or a village artisan residing in the Gram Sabha and belonging to any of the following categories in the order of preference :- (a) persons belonging to the Scheduled Castes and the Scheduled Tribes; (b) persons belonging to Other Backward Classes; (c) persons belonging to the general category living below poverty line]; (ii) any other agricultural labourer or village artisan residing in the village; Substituted by U.P: Act No. 38 of 2007 (w.e.f. 31-7-2007). [(iii) any other person residing in the Gram Sabha and belonging to any of the following categories in the order of preference:- (a) persons belonging to the Scheduled Castes or the Scheduled Tribes; (b) persons belonging to Other Backward Classes; (c) persons belonging to the general category living below poverty line]. Inserted by U.P. Act No. 38 of 2007 (w.e.f. 31-7-2007).[(iv) a person with disability residing in the village.] Explanation I.-The expression agricultural labourer shall have the same meaning as in Section 198. Substituted by U. P. Act No. 35 of 1976.[Explanation II.-The expression village artisan means a person who does not hold any agricultural land and whose main source of livelihood is manufacture or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto and includes a. carpenter, weaver, potter, blacksmith, silversmith, goldsmith, barber, washerman, cobbler or any other person who normally earns his livelihood by practising a craft either by his own labour or by the labour of any member of his family in any rural area : Provided that no person shall be deemed to be a village artisan whose total income (including income of his or her spouse and minor children) exceeds two thousand four hundred rupees in a year.] Inserted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004). [Explanation III,-The expression "person with disability" shall mean a person with any disabilities mentioned in clause (i) of Section 2 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act No. 1 of 1996).] . Renumbered by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004). {Explanation IV]-Preference shall be given to a person who either holds no house or has insufficient housing accommodation considering the requirements of his family. Inserted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004). [Explanation V.-The expression "persons of general category living below poverty line" shall have the same meaning as in Section 198.] (4) If the Assistant Collector-in-charge of the subdivision is satisfied that the Land Management Committee has failed to discharge its duties or to perform its functions under sub-section (2) or it is otherwise necessary or expedient so to do, he may himself allot such land in accordance with the provisions of sub-section (3). (5) Any land allotted under this section shall be held by the allottee on such terms and conditions as may be prescribed. (6) The Collector may of his own motion and shall on the application of any person aggrieved by an allotment of land under this section inquire in the manner prescribed into such allotment, and if he is satisfied that the allotment is irregular, he may cancel the allotment, and thereupon the right, title and interest of the allottee and of every other person claiming through him in the land allotted shall cease. (7) Every order passed by the Assistant Collector under sub-section (4) shall, subject to the provisions of sub-section (6) and every order passed by the Collector under sub-section (6) shall be final, and the provisions of Substituted by U. P. Act No. 24 of 1986. [Section 333 and Section 333-A] shall not apply in relation thereto. (8) Omitted by U. P. Act No. 24 of 1986.[xxx] Inserted by U. P. Act No. 35 of 1976.[(9) In Rule 115-L of the U. P. Zamindari Abolition and Land Reforms Rules, 1952, sub-rule (2) shall be deemed always to have been omitted.] SHORT NOTES Where the land was allotted in the year 1994 and no efforts appear to have been made either for taking possession or for raising construction within 3 years of the date of allotment. There is also no evidence to indicate that it was petitioner who prevented the taking of such possession. The Dakhalnama was executed in year 2003, therefore the finding of the Additional District Magistrate that the petitioner is guilty of lapses, is unsustainable. Order passed by Additional District Magistrate quashed.-Jagdeb v. Commissioner, Gorakhpur, 2009 (108) RD 490. Where the learned Court below has clearly observed that earlier possession was delivered twice to the allottee concerned through police force and the allotment in question has been done as per Rules on the subject, therefore, there is no scope of any interference.-Ganga Rav v. Phalesun Nisha, 2008 (104) RD 189. Added by U. F. Act No. 24 of 1986.[122-D. Restoration of possession to allottees.-(1) Where any land, referred to in sub- section (2) of Section 122-C, is allotted to any person for the purposes of building of house and any person other than the allottee is in occupation of such land in contravention of the provisions of this Act, the Assistant Collector may, of his own motion, and shall, on the application of the allottee, put the allottee in possession of such land and may, for that purpose, use or cause to be used, such force, as he considers necessary. (2) Where any person, after being evicted under this section, re- occupies the land or any part thereof without lawful authority, he shall be gunishable with imprisonment for a term which may extend to two years ut which shall not be less than three months and also with fine which may extend to three thousand rupees : Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine, that may be recovered, as the Court considers proper, be paid to the allottee as damages for use and occupation. (3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case has been taken, is satisffed by affidavit or otherwise that- (a) the accused is in occupation of the land to which such proceeding relates, in contravention of the provisions of this Act, and (b) the allo.ttee is entitled to the possession of such land, the Court may, summarily, evict the accused from such land pending the final determination of the case, and may put the allottee in possession of such land. (4) Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court. (5) Where, in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence under sub-section (2) may be tried summarily. (7) For the purpose of speedy trial of offences under this section, the State Government may, in consultation with the High Court, by notification, constitute special Courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973 exercise, in relation to such offence, the powers of a Judicial Magistrate of the First Class. (8) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (2) shall be cognizable and non-bailable. 123. Certain House Sites To Be Settled With Existing Owners Thereof :- (1) Without prejudice to the provisions of Section 9, where any person referred to in sub-section (3) of Section 122-C has built a house on any land referred to in sub-section (2) of that section, not being land reserved for any public purpose, and such house exists on the Substituted by U. P. Act No. 38 of 2007 (w.e.f. 25-8-2007). [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 the [June 3,1995]Substituted by U. P. Act No. 9 of 1997 (w.e.f. 23-5-1997). the site of such house shall, notwithstanding anything contained in this Act, be deemed to be settled with the owner of such house by the tenure-holder on such terms and conditions as may be prescribed. Explanation. - For the purposes of sub-section (2), a house existing on the [June 3, 1995]Substituted by U. P. Act No. 9 of 1997 (w.e.f. 23-5-1997). on any land held by a tenure holder shall, unless the contrary is proved, be presumed to have been built by the occupant thereof, and where the occupants are members of one family, by the head of that family. SHORTNOTES Certain kinds of unauthorised occupants (landless labourers, village artisans etc.) have got legal status under this provision. It reflects that unauthorised occupation is not a new thing, therefore it can be safely inferred that even if somebody is found in the unauthorised occupation of Gaon Sabha land, should not be thrown in this manner without taking recourse of law, particularly is a case where unauthorised duration is of long standing.-Kalika Prasad v. Board of Revenue, 2009 (106) RD 39. Section 123 (2) as amended by the U.P. Act No. 34 of 1974 was only prospective in nature and was not retrospective in nature.- Vishwanath v. Sultan, 2008 (104) RD 199. 123A. Penalty For Causing Loss, Waste Or Misapplication Of Money Or Property Of The Gaon Panchayat :- (1) Every member of the Land Management Committee shall be liable for the loss, waste or misapplication of any property vested in the Gaon Sabha under this Act, if such loss, waste or mis- application 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 sub-section (1), or refuses to grant the sanction, the member aggrieved may, within 30 days of such sanction or refusal, appeal to the State Government or an appellate prescribed authority against the said sanction or refusal. ( 3 ) The State Government may institute a suit mentioned in subsection (1) on its own initiative.] Substituted by U. P. Act No. 35 of 1976.[123-B. Punishment for occupation of Gaon Sabha land.-(1) Where any person has been evicted under this Act from any land vested in a Gaon Sabha, and such person or any other person, whether claiming through him or otherwise, thereafter occupies such land or any part thereof without lawful authority, such occupant shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. (2) Any Court convicting a person under sub-section (1) may make an order for evicting the person summarily from such land, and such person shall be liable to such eviction, without prejudice to any other action that may be taken against him under any law for the time being in force. (3) Without prejudice to the provisions of sub-sections (1) and (2), the Collector may, whether or not a prosecution is instituted under subsection (1), retake possession of any land, referred to in that sub-section and may, for that purpose, use or cause to be used such force as may be necessary for evicting any person found in occupation thereof. 124. Gaon Sabha Fund :- (1) All sums received under this Act by the Gaon Sabha, Gaon Panchayat or the Land Management Committee shall be credited to the Gaon Fund : Inserted by U. P. Act No. 30 of 1975.[Provided that the amount of damages or compensation recoverable under Section 122-B shall be credited to the Consolidated Gaon Fuiid.] (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 such commencement, shall stand transferred and be credited to the Gaon Fund. 125. Gaon Sabha Fund To Be Utilized In Connection With This Act :- T he funds placed by the Gaon Panchayat at the disposal of the Land Management Committee to meet the charges in connection with the discharge of its duties or performance of its functions under this Act shall be utilized in the manner prescribed. 125A. Consolidated Gaon Sabha Fund :- Substituted by U. P. Act No. 30 of 1975.(l) There shall be constituted for each district, a Consolidated Gaon 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 Substituted by U. P. Act No. 30 of 1975.[twenty-five per centum] of the total amount credited to the Gaon Fund under sub-section (1) of Section 124 as may be fixed by the Collector in the manner prescribed. (3) All moneys held or required to be held in the Consolidated Gaon Samaj Fund under this section before its amendment by the Uttar Pradesh Kshettra Samitis and Zila Parishads Adhiniyam, 1961, shall stand transferred to and be credited to the Consolidated Gaon Fund. (4) The fund shall be applied to- (a) the payment of fees and allowances of the panel lawyers appointed under Section 127-B; (b) the payment of expenses incurred in connection with the conduct and prosecution of suits, applications or other proceedings by or against the Gaon Sabha or the Land Management Committee under this Act; (c) the payment of expenditure incurred on the development of lands of common utility; and (d) the payment of any other sum which the State Government may by general or special order declare to be an appropriate charge on the fund. 126. Gaon Panchayat Or The Land Management Committee To Carry On Orders And Directions Of The State Government :- (1) The State Government may issue such orders and directions to the Land Management Committee as may appear to be necessary for purposes of this Act. (2) It shall be the duty of the Land Management Committee and its office-bearers to forthwith carry out such orders and comply with such directions. SHORT NOTES The allotment of tank, pond, or other land are governed by Government orders issued under this section.-Smt. Vakila v. State of U.P. and others, 2008 (104) RD 456. 127. Alternative Arrangement For Carrying On The Work Of The Gaon Panchayat Or The Land Management Committee In Certain Circumstances :- (1) If at any time the State Government is satisfied that- (a) the Land Management Committee has failed without reasonable cause or excuse to discharge the duties or to perform the functions imposed or assigned by or under this Act, (b) circumstances have so arisen that the Land Management Committee is rendered unable or may be rendered unable to discharge the duties or perform the functions imposed or assigned by or under this Act, or (c) it is otherwise expedient or necessary to do so, it may, by notification in the Gazette, declare that the duties, powers and functions of the Land Management Committee under this Act shall be discharged, exercised and performed by such person or authority and for such period and subject to such restrictions as may be specified. (2) The State Government may make such incidental and consequential provision as may appear to be necessary for this purpose. 127A. Omitted :- [Omitted by U. P. Act No. 33 of 1961]. 127B. Panel Lawyers :- (1) The State Government may, on such terms and conditions and in such manner as may be prescribed, appoint, either generally or in any case or for any specified class of cases, in respect of Gaon Sabhas of such local areas as may be specified, one or more legal practitioners to be called Panel Lawyers. (2) A Panel Lawyer may, subject to the provisions of sub-section (4), appear, plead and act, without any written authority on behalf of any Gaon Sabha of the area for which he is appointed, before any Court in any suit or other case, of which he has charge, by or against the Gaon Sabha. (3) A Panel Lawyer in any Court shall be the agent of the Gaon Sabha of the area for which he is appointed for the purpose of receiving processes against such Gaon Sabha issued by such Court. (4) No Panel Lawyer shall, without the prior sanction of the Land Management Committee accorded by its resolution, enter into any agreement or compromise with reference to or withdraw from, any suit or other proceeding on behalf of a Gaon Sabha. 127C. Transitional Provisions In Relation To Gaon Sabha :- (1) All Gaon Sabhas constituted under this Act before its amendment 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 Parishad Adhiniyam, 1961, be the property, funds, rights and liabilities of the Gaon Sabha constituted for the area of the Gaon Sabha. (3) In all suits and proceedings in which a Gaon Samaj is a party the Gaon Sabha constituted for the area of the said Gaon Samaj shall be and be deemed to be substituted for the Gaon Samaj as party and shall be entitled to take all such action as it would have been entitled to take if it had been a party to the suit or proceeding from the very beginning. 128. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of foregoing power, such rules may provide for- (a) [Omitted by U. P. Act No. 33 of 1961]; (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 Substituted by U. P. Act No. 35 of 1976. Zila Parishad] or any other authority in accordance with Section 119; Inserted by U. P. Act No. 35 of 1976.[(c) the procedure for recovery of compensation or possession of the land together with damages;] (d) the manner and the procedure for the discharge of its duties, performance of its functions and exercise of its powers by the Land Management Committee; (e) the procedure for allotment of land under Section 122-C; (ee) the terms and conditions on which land allotted under Section 122- C or land referred to in Section 123 shall be held; (f) the matters on which and the manner in which directions may be issued by the State Government under Section 126 to the Land Management Committee; (g) the procedure and the proceedings relating to the alternative arrangement for carrying on the functions and duties of the Land Management Committee under Section 127; (h) the procedure and the form for the maintenance of books of accounts and other registers and statements for purposes of this Chapter; (i) [Omitted by U. P. Act No. 33 of 1961]; (j) the conduct of correspondence and execution of documents and contracts by the Land Management Committee for purposes of this Act; (k) the conduct and prosecution of suits and proceedings by or against the Land Management Committee; (kk) the summary procedure for determination of damage to and encroachment upon land and things vested in the Gaon Sabha, removal of encroachment and assessment and payment of compensation for the damage; (1) the guidance generally of a Land Management Committee or any Government Officer in any matter connected with the carrying out of the provisions of this Chapter; and (m) the metter Which are to be and may be prescribed under this Chapter. CHAPTER 8 TENURE 129. Classes Of Tenure :- There shall be, for purposes of this Act, the following classes of tenure-holders; that is to say : Substituted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[(1) bhumidhar with transferable, rights, (2) bhumidhar with non-transferable rights], ( 3 ) asami, and Inserted by U. P. Act No. 24 of 1986.[(4) Government lessee]. 129A. Section 129A :- In relation to areas of shifting and unstable cultivation, namely, har-tareta tracts in the Jhansi District and tracts of inferior classes of soil in the Bundelkhand, the word "holding" shall, for purposes of this Chapter and Chapter X, mean the area for the time being under the actual cultivation by a tenure-holder according to any custom or usage in that behalf. [UTTARAKHAND]Substituted by Act No. 52 of 2006 (w.e.f. 1-1- 2007). AMENDMENT 129B. Section 129B :- There shall be, for the purposes of Section 154 (4) (1) (a), 154 (4) (2) (e), 154 (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.-Added by Uttaranchal Act No. 29 of 2003 (w.e.f. 15-1-2004). Substituted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977). 130. Bhumidhar With Transferable Rights :- Every person belonging to any of the following classes, not being a person referred to in Section 131, shall be called a bhumidhar with transferable rights, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act, namely- (a) every person who was a bhumidhar immediately before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977, (b) every person who, immediately before the said date, was a sirdar referred to in clause (a) or clause (c) of Section 131, as it stood immediately before the said date, (c) every person who in any other manner acquires on or after the said date the rights of such a bhumidhar under or in accordance with the provisions of this Act.] 131. Bhumidhar With Non-Transferable Rights :- Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act, namely- (a) every person admitted as a sirdar of any land under Section 195 before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977, px 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 a bhumidhar under or in accordance with the provisions of this Act, (c) every person who is, or has been allotted any land under the provisions of the Uttar Pradesh Bhoodan Yagna Act, 1952. Inserted by U. P. Act No. 24 of 1986.[(d) with effect from July 1, 1981 every person with whom surplus land is or has been settled under Section 26-A or sub-section (3) of Section 27 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, I960.] SHORT NOTES Creation of Rights.-Bhumidhari or Asami or any other kind of rights created under this Act are creation of statutes and unless the conditions/ ingredients of statutes are satisfied, any person claiming right under U.P. Z.A. & L.R. Act whether Bhumidhari with non-transferable rights or Bhumidhari with transferable rights cannot be conferred any Bhumidhari Rights or any other rights under. U.P. Consolidation of Holdings Act.- Vishwanath v. D.D.C., Varanasi, 2009 (108) RD 721. Inserted by U. P. Act No. 14 of 1987 (w.e.f. 15-4-1987). 131A. Bhumidhari Rights In Gaon Sabha Or State Government Land In Certain Circumstances :- Subject to the provisions of Section 132 and Section 133-A, every person in cultivatory possession of any land, vested in a Gaon Sabha under Section 117 or belonging to the State Government, in the portion of district Mirzapur south of Kaimur Range, other than the land notified under Section 20 of the Indian Forest Act, 1927, before the 30th day of June, 1978, shall be deemed to have become a bhumidhar with non-transferable rights of such land : Provided that where the land in cultivatory possession of a person, together with any other land held by him in Uttar Pradesh exceeds the ceiling area determined under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, I960, the rights of a bhumidhar with non-transferable rights shall accrue in favour of such person in respect of so much area of the first-mentioned land, as together with such other land held by him, does not exceed the ceiling area applicable to him, and the said area shall be demarcated in the prescribed manner in accordance with the principles laid down in the aforesaid Act. Inserted by U.P. Act No. 19 of 1995 (w.e.f. 14-1-1995). 131B. Bhumidhar With Non-Transferable Rights To Become Bhumidhar With Transferable Rights After Ten Years :- (1) Every person who was a bhumidhar with non-transferable rights immediately before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 1995 and had been such bhumidhar for a period of ten years or more, shall become a bhumidhar with transferable rights on such commencement. (2) Every person who is a bhumidhar with non-transferable rights on the commencement referred to in sub-section (1), or becomes a bhumidhar with non-transferable rights after such commencement, shall become bhumidhar with transferable rights on the expiry of period of ten years from his becoming a bhumidhar with non- transferable rights. (3) Notwithstanding anything contained in any other provision of this Act, if a person, after Decoming a bhumidhar with transferable rights under sub-section (1) or sub-section (2), transfers the land by way of sale, he shall become ineligible for a lease of any land vested in Gaon Sabha or the State Government or of surplus land a s defined in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, I960.] 132. Lands In Which Substituted By U. P. Act No. 8 Of 1977 (W.E.F. 28-1-1977).[Bhumidhari] Rights Shall Not Accrue :- Notwithstanding anything contained in Section 131, but without prejudice to the provisions of Section 119, Substituted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[bhumidhari] rights shall not accrue in- ( a ) pasture-land 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 State Government by notification in the official Gazette, to be intended or set apart for taungya plantation or grove lands of a Gaon Sabha or a local authority or land acquired or held for a public purpose and in particular and without prejudice to the generality of this clause- ( i ) lands set apart for military encamping grounds, (ii) lands included within railway or canal boundaries, (iii) lands situate within the limits of any cantonment, (iv) lands included in sullage farms or trenching grounds belonging as such to a local authority, (v) lands acquired by a town improvement trust in accordance with a scheme sanctioned under Section 42 of the U. P. Town Improvement Act, 1919 or by a municipality for a purpose mentioned in clause (a) or clause (c) of Section 8 of the U. P. Municipalities Act, 1916, and (vi) lands set apart for public purposes under the U. P. Consolidation of Holdings Act, 1953. SHORT NOTES It is true that certain lands which are covered under this Section can also be allotted to Asami by the Land Management Committee but by virtue of Section 197 (2) the right to admit any person as Asami of any tank, pond or other land covered by waters shall be regulated by the Rules made under this Act. The allotment of tank, pond, or other land are governed by the Government order issued under Section 126 of the Act.-Smt. Vakila v. State of U.P. and others, 2008 (104) RD 456. 133. Asami :- Every person belonging to any of the following classes shall be called an asami and shall have all the rights and be subject to all the liabilities conferred or imposed upon asami by or under this Act, namely- (a) every person who, as a consequence of the acquisition of estates, becomes an asami under Sections 11,13 or 21; Substituted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[(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 described in Section 132 ; and (d) every person who, in any other manner, acquires the rights of an asami under or in accordance with the provisions of this Act or of any other law for the time being in force. 133A. Government Lessees :- Every person to whom land has been let out by the State Government shall be called a Government lessee in respect of such land and shall, notwithstanding anything to the contrary contained in this Act, be entitled to hold the same in accordance with the terms and the conditions of the lease relating thereto. SHORT NOTES The provisions restrict the rights of grantees. They do not enlarge their rights.-Munendra Vishwas v. State of U.P., 2009 (108) RD 549. 134. Omitted :- 135. Omitted :- 136. Omitted :- 134. to 136. Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1- 1977).[***] 137. Cancellation Of Declaration :- (1) A declaration granted under Section 135 Inserted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[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 suit or other proceedings with respect to the holding for which declaration was made shows that the applicant was not entitled thereto. (2) Where the declaration is cancelled under sub-section (1), the person depositing the amount shall be entitled to its refund.] SHORT NOTES As and when the certificate under this Section is granted, it must relate back and be effective from the date on which the amount referred to in sub-section (1) of Section 137 was deposited.-Bindha Prasad v. Bhan Datta, 2008 (104) RD 70 (SO. 137A. Omitted :- . Omitted by U. P. Act No. 35 of 1976.[***]. 138. Omitted :- Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[* * *] 139. Omitted :- Omitted by U. P. Act No. 30 of 1975.[* * *] 140. Refund Of The Amount Deposited :- Any person in whose favour a declaration has been made under Section 6 of the U. P. Agricultural Tenants (Acquisition of Privileges) Act, 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 the 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 pursuance of Section 8 of the U.P. Agricultural Tenants (Acquisition of Privileges) Act, 1949, shall be deducted therefrom. 140A. Payment Of Compensation To The Landholder :- 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, 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 date of application for deposit under subsection (2) of Section 3-A aforesaid, pay to him the amount equal to one- third of the amount so deposited. 141. Omitted :- Omitted by U. P. Act No. 37 of 1958] Substituted by U. P. Act No. 24 of 1986. 142. Right Of A Bhumidhar To The Exclusive Possession Of All Land In His Holding :- (1) A bhumidhar with transferable rights shall, subject to the provisions of this Act, have the right to exclusive possession or 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 farming and social forestry.] 143. Use Of A Holding For Industrial Or Residential Purposes :- (1)Where a Substituted by U. P. Act No. 24 of 1986.[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-division 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 cease to apply to the bhumidhar with transferable rights, with respect to such land and he shall thereupon be governed in the matter of devolution of the land by personal law to which he is subject. Inserted by U. P. Act No. 6 of 1978 (w.e.f. 21-1-1978).[(3) Where a bhumidhar with transferable rights has been granted, before or after the commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1978, any loan by the Uttar Pradesh Financial Corporation or by any other Corporation owned or controlled by the State Government, on the security of any land held by such bhumidhar, the provisions of this Chapter (other than this section) shall cease to apply to such bhumidhar with respect to such land and he shall thereupon be governed in the matter of devolution of the land by personal law to which he is subject.] [UTTARAKHAND] Substituted by Act No. 52 of 2006 (w.e.f. 1-1- 2007). AMENDMENT In sub-section (2) of Section 143 of the principal Act, for the words and brackets "(other than this section)", the words, figures and brackets, "other than this section and provisions of the Uttaranchal (The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Adaptation and Modification Order, 2001) (Amendment) Act, 2003, effective from 15-1-2004" shall be substituted.-Vide Uttaranchal Act No. 25 of 2005. 144. Use Of Land For Agricultural Purposes :- (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 inquiry 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 or the plot shall- (a) if he holds it under any contract or lease which is inconsistent with any of the provisions of this Chapter, be deemed to be an occupant liable to ejectment under Section 209; (b) if he holds it under any contract or lease which is not inconsistent with any of the provisions of this Chapter, be entitled to the rights in the land determined in accordance with the provisions thereof. (3) Any contract or lease referred to in sub-clause (a) of sub- section (2) which is inconsistent with the provisions of this Chapter shall, to the extent of the inconsistency, become void with effect from the date of declaration: Provided that any mortgage with possession existing on any such land shall, to the extent of the amount due and secured on such land, be deemed to have been substituted by a simple mortgage carrying such rate of interest as may be prescribed. 145. Registration Of Declaration Granted Under Sections 143 And 144 :- 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, register the same free of cost in the manner prescribed. 146. Right Of An Asami For Exclusive Possession Of Land In His Holding :- An asami shall subject to the provisions of this Act, have the right to the 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 the purposes of growing agricultural crops. 147. Omitted :- 147. to 151. [Omitted by U. P. Act No. 16 of 1953 (w.e.f. 1-7- 1952)]. Transfers Substituted by U. P. Act No. 6 of 1978. 148. Omitted :- 149. Omitted :- 150. Omitted :- 151. Omitted :- 152. Bhumidhari Interest When Transferable :- (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 nontransferable rights shall 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 oftaqavi, 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 Pradesh State Agro-Industrial Corporation Limited, and may also transfer, by way of gift, the interest in his holding, except the part thereof which has been so mortgaged, to a recognised educational institution for any purpose connected with instructions in agriculture, horticulture and animal husbandry.] [UTTARAKHAND]Substituted by Act No. 52 of 2006 (w.e.f. 1-1- 2007). AMENDMENT 152A. Section 152A :- (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 and 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 case 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.-Addedby Uttaranchal Act No. 29 of 2003 (w.e.f. 15-1-2004). 153. Interest Of An Asami Not Transferable :- Except as expressly permitted by this Act, the interest of an asami shall not be transferable.] 154. Restriction On Transfer By A Bhumidhar :- (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 gardens 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. (2) No order shall be passed under this sub-section which adversely affects any person unless such person has been given a reasonable opportunity of being heard.-Added by Uttaranchal Act. No. 29 of 2003 (w.e.f. 15-1-2004). 154A. Foreign National Not To Acquire Land :- Substituted by U. P. Act No. 31 of 1985.(l) 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. 155. Mortgage Of Land By A Bhumidhar :- 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. SHORT NOTES The provision would apply to a mortgage where the possession of land has been transferred or is agreed to be transferred in the future as security for the money advanced or to be advanced and it is such a transaction which is held to be void under Section 166.- Smt. Rama Devi v. Dilip Singh, 2008 (104) RD 538 (SC). 156. Letting Of Land :- (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 recognised 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). 157. Lease By A Disabled Person :- (1) A bhumidhar or an asami holding the land in lieu of maintenance allowance 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 clauses (c) or (d) or a widow ; (b) a minor whose father suffers from any of the disqualifications mentioned in clauses (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 disqualifications mentioned in clause (c) or (d) or has died; (f) in the Military, Naval or Air service of the Indian Dominion; or (g) under detention or imprisonment, may let the whole or any part of his holding : Provided that in the case of a holding held jointly by more persons than one, but one or more of them, but not all, are subject to the disabilities mentioned in clauses (a) to (g), the person or persons may let out his or their share in the holding. (1-A) Where any Bank, as defined in clause (c) of Section 2 of the Uttar Pradesh Agricultural Credit Act, 1973, acquires any land through proceedings under the said Act, it may let the whole or part of such land for a period not exceeding one year at a time and after the expiry of the said period, the lessee shall cease to have any right, title or interest in the land so let. (2) Where any share of a holding has been let out under the proviso to sub-section (1) the Court may, on the application of the asami or any tenure-holder, determine the share of the lessor in the holding and partition the same. 157A. Restrictions On Transfer Of Land By Members Of Scheduled Castes :- (1) Without prejudice to the restrictions contained in Sections 153 t o 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 transferor 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, make such inquiry as may be prescribed.] SHORT NOTES Distinction between Section 157-A and 157-AA.- Section 157-A provides that no bhumidhar or Asami belonging to a Scheduled Caste can transfer the land to a person not belonging to Scheduled Caste except with the previous approval of the Collector whereas Section 157-AA contains a clear restriction that a person belonging to Scheduled Caste who has become Bhumidhar with transferable rights under Section 131-B shall have no right to transfer to any person other than person belonging to Scheduled Caste.-Man Singh v. Commissioner, Bareilly Mandal, 2008 (104) RD 598. Inserted by U. P. Act No. 9 of 1997 (w.e.f. 23-5-1997). 157AA. Restrictions On Transfer By Members Of Scheduled Castes Becoming Bhumidhar Under Section 131-B :- (1) Notwithstanding (3) Tanchayat area shall have the meaning assigned to it in the United Provinces Panchayat Raj Act, 1947; (4) Marginal farmer means a person residing in a village, who holds agricultural land not exceeding one hectare of unirrigated land and whose Principal means of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper; (5) small farmer means a person residing in a village, who holds unirrigated land exceeding one hectare but not exceeding two hectares and whose Principal source of livelihood is income from agricultural land or by manual labour on such land and includes a person cultivating land as an asami or as a share-cropper. Note.-For the purposes of Clauses (4) and (5) of this explanation- (a) One hectare of irrigated land shall be equated to two hectares of unirrigated land; (b) irrigated land and unirrigated land shall have the meanings respectively assigned to them in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, I960.] SHORT NOTES Although this provision imposesan obligation upon a Scheduled Caste person to seek previous approval of the Assistant Collector before making a transfer of his Bhumidhari land with transferable right but such a permission would not be required when the transfer is being made by the Court or under the order or decree of the Court.-Tilak Ram v. Chhater Pal Singh, 2009 (107) RD 7. Inserted by U. P. Act No. 20 of 1982 ( w.e.f. 3-6-1981). 157B. Restrictions On Transfer Of Land By Members Of Scheduled Tribes :- 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, girt, mortgage or lease or otherwise any land to a person not belonging to a Scheduled Tribe.] Inserted by U- P. Act No. 9 of 1997 (w.e.f. 23-5-1997). 157BB. Restrictions On Transfer By Members Of Scheduled Tribe Becoming A Bhumidhar Under Section 131-B :- (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 clause (a) of subsection (1) shall be made in order of preference given below. If a person referred to in clause (a) is not available then transfer may be made to a person referred to in clause (b) of the said sub- section and if a person referred to in clause (b) is also not available then to a person referred to in clause (c) of the said sub-section and if a person referred to in clause (c) is also not available then to a person referred to in clause (d) of the said subsection in the same order of preference : (a) first, to the resident of the village where the land is situate ; (b) secondly, if no person referred to in clause (a) is available, to the resident of any other village within the panchayat area comprising the village where the land is situate; and (c) thirdly, if no person referred to in clauses (a) and (b) is available to the resident of a village adjoining the Panchayat area comprising the village where the land is situate. (3) If no person referred to in sub-section (1) belonging to a Scheduled Tribe is available, the land may be transferred to a person belonging to a Scheduled Caste in the order of preference given in sub-sections (1) and (2). (4) No transfer under this section shall be made except with the previous approval of the concerned Assistant Collector. Inserted by U. P. Act No. 11 of 2002 (w.e.f. 21-6-2002).[(5) A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of ten years from the date of transfer in his favour.] Explanation.-For the purposes of this section the expressions agricultural labourer, landless, Panchayat area, marginal farmer and small farmer shall have the meanings respectively assigned to them in Section 157-AA]. Inserted by U. P. Act No. 20 of 1982 (w.e.f. 3-6-1981).[157-C. Mortgage of holdings by members of Scheduled Caste or Scheduled Tribe in certain circumstances.-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.] 158. Registration Of Lease :- Notwithstanding anything contained in the Transfer of Property Act, 1882, or the Indian Registration Act, 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. 159. Failure To Register The Lease Under Section 158 :- 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. 160. Successor-In-Interest Bound By A Lease :- 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. 161. Exchange :- (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 also order the relevant annual registers to be corrected accordingly. (2) On exchange made in accordance with sub-section (1), they shall have the same rights in the land so received in exchange as they had in the land given in exchange. SHORT NOTES Any land vested in Gaon Sabha or local authority under Section 117 of the Act.can be subject-matter of exchange with the land of any Bhumidhar.-Khacheru v. Board of Revenue and others, 2008 (104) RD 52. The land reserved for the public purpose under Section 29 (C) of U.P. Consolidation of Holdings Act can be given by the Gaon Sabha in exchange under this Section subject to the condition that the land so received in exchange shall be utilized for the same public purpose for which the land given in exchange was being used.- Khacheru v. Board of Revenue and others, 2008 (104) RD52. 162. Land Revenue Not Affected By Exchange :- Nothing in Section 161 shall affect the amount of the land revenue assessed on or payable for lands so exchanged. 163. Section 163 :- 164. Transfer With Possession By A Bhumidhar To Be Deemed A Sale :- 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. SHORT NOTES The usufructuary mortgage of T3humidhari land, where the possession is transferred as security for payment of loan, would be covered by the provision of Section 164 and notwithstanding anything contained in the document of transfer or any law for time being in force, would be deemed to be sale to the transferee itself.- Smt. Rama Devi v. Dilip Singh, 2008 (104) RD 538. 165. Effects Of Lease In Contravention Of Section 157 :- 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 ana 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 nis 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 have the meaning assigned to it in Section 154. Substituted by U. P. Act No. 20 of 1982 (w.e.f. 3-6-1981). 166. Transfer Made In Contravention Of This Act To Be Void :- Every transfer made in contravention of the provisions of this Act, shall be void.] Substituted by U. P. Act No. 20 of 1982 (w.e.f. 3-6-1981). 167. Consequences Of Void Transfers :- (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 movable 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 State Government under sub-section (1), it shall be lawful for the Collector to take over possession over such land of other property and to direct that any person occupying such land or property be evicted therefrom. For the purposes of taxing over such possession or evicting such unauthorised occupants, the Collector may use or cause to be used such force as may be necessary.] SHORT NOTES Where the transaction regarding sale of fragmented land is void, the land will vest in State Government free from encumbrances and it shall be lawful for the Collector to take possession over such land and to direct an eviction of any person occupying such land.- Mahadev v. State of U.P., 2010 (109) RD 289. 168. Omitted :- Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[* * *]. Prevention of Fragmentation 168A. Omitted :- Omitted by U. P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[* * *] Note.-Prior to its omission Section 168-A stood as below- 168-A. Transfer of fragments.-(1) Notwithstanding the provisions of any law for the time being in force, no person shall transfer whether by sale, gift or exchange, any fragment situate in a consolidated area except where the transfer is in favour of tenure- holder, who has a plot continuous to the fragment or where the transfer is not in favour of any such tenure-holder the whole or so much of the plot in which the person has bhumidhari rights, which pertains to the fragment is thereby transferred. (2) The transfer of any land contrary to the provisions of sub- section (1) shall be void. (3) When a bhumihdar has made any transfer in contravention of the provisions of sub-section (1), the provisions of Section 167 shall mutatis mutandis apply. U.P. Zamidari Abolition and Land Reforms (Amendment) Act, 2004 (27 of 2004)- 11. Special Provisions.-It is hereby declared that any transfer of a fragment which had become void under section 168-A as it stood before the commencement of this Act shall be deemed to have been voidable and any person may get such transfer validated by depositing such fee and within such time and in such manner as may be notified by the State Government: Provided that the above provisions shall cease to be in force after expiry of one year from the date of commencement of this Act. U.P. Zamidari Abolition and Land Reforms (Amendment) Act, 2005 (13 of 2005)- 4. Special provision. -(1) It is hereby declared that any transfer of such fragment as had become void under section 168-A as it stood before the commencement of the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 2004 (U.P. Act No. 27 of 2004) and had not been entered in revenue records in favour of State Government shall be deemed to have been voidable and any person may get such transfer validated by depositing such fee and within such time and in such manner as may be notified by the State Government: Provided that the provision of this sub-section shall cease to be in force after expiry of one year from the date of commencement of this Act. 2 . Special Provision in relation to U.P. Act No. 1 of 1951.-It is hereby declared that any transfer of such fragment as had become void under Section 168-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 as it stood before the commencement o f the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 2004 (U.P. Act No. 27 of 2004) and had not been entered in revenue records in favour of the State Government shall be deemed to have been divested and any person may get such transfer validated by depositing such fee and within such time and in such manner as may be notified by the State Government: Provided that, this special provision shall cease to be in force after expiry of two years from the date of commencement of this Act. SHORT NOTES Object of the Section.-The object of this Section is to prevent fragmentation of land situated in a consolidated area and transfers that could result in fragmentation as further fragmentation shall be void and to such transfer Section 167 will mutatis mutandis be applicable.-Mahadev v. State of U.P., 2010 (109) RD 289. Sale deed was executed in the year 1991 only for 2 bighas. S.D.O. held that it was transfer of fragment prohibited under this section and transaction was void and ordered for the vesting of land in State. Held, there is no illegality in the order.-Mahadev v. State of U.P., 2010 (109) RD 289. Devolution 169. Bequest By A Bhumidhar :- (1) A bhumidhar with transferable rights may oy will bequeath his holding or any part thereof except as provided in sub-section (2-A). (2) [Omitted by U. P. Act.No. 30 of 1975]. (2-A) In relation to a bhumidhar with transferable rights belonging to a Scheduled Castes 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, Subsituted by U. P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[be in writing, attested by two persons and registered]. [UTTARAKHAND]Substituted by Act No. 52 of 2006 (w.e.f. 1-1- 2007). AMENDMENT In Section 169 of the principal Act, in sub-section (3), for the words "be in writing and attested by two persons" the words "be in writing, attested by two persons and registered" shall be substituted.-Vide Uttaranchal Act No. 25 of 2005. SHORT NOTES The amendment has been made in relation to succession vide Act No. 27 of 2004 amending this Section which gives right to unmarried daughters and thereafter married daughters to claim succession right after the death of tenure holders.-Mohan Singh v. D.D.C. and others, 2010 (109) RD 111. Where plamtifs are the owner of land in dispute and also in possession ot land over which wood depot is situated which was prior to the purchase by the defendants and the names of the plaintiffs were recorded in Revenue Records. The plaintiff had unauthorised possession and on account of the same, they became the Bhumidhars by virtue of Sections 165 and 189. It was held by first appellate Court that the defendants have no right to interfere with their possession. In Second Appeal the High Court held that findings recorded by first appellate Court should not be interfered with-Sher Mohammad v. Habib Ahmad 2008 (104) RD 533. 170. Bequest By A Sirdar Or Asami :- No bhumidhar with nontransferable rights or asami shall have the right to bequeath by will his holding or part thereof. Substituted by U. P. Act No. 29 of 1998. 171. General Order Of Succession :- (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 male lineal descendant, who would have been an heir, if alive, all such widows together shall take one share; (iv) the widows or widowed mother or the fathers widowed mother or the widow of any predeceased male lineal descendant, who would have been an heir, if alive, shall inherit only if she has not remarried.] Substituted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[(2) The following relatives of the male bhumidhar or asami are heirs subject to the provisions of sub-section (1), namely:- (a) Substituted by U.P. Act No. 28 of 2008 (w.e.f. 1-9-2008). [widow, unmarried daughter] and the male lineal descendant per stirps: Provided that the widow and the son of a predeceased son how low-so-ever per stirps shall inherit the share which would have devolved upon the predeceased son had he been alive; (b) mother and father; (c) Omitted by U.P. Act No. 28 of 2008 (w.e.f. 1-9-2008).M (d) married daughter; Once the successor under Section 172 has absconded or surrendered her rights by absconding, the line of succession under this Section would open since those mentioned therein are in the general order of succession.-Lala Vishwambhar v. Ishwar Singh, 2009 (107) RD 445. 172. Succession In The Case Of A Woman Holding An Interest Inherited As A Widow, Mother, Daughter, Etc :- (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 fathers mother dies, marries, abandons or surrenders such holding or part thereof; or (b) as a daughter, sons 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 any holding as a widow, widow of a male lineal descendant in the male line of descent, mother, daughter, fathers mother, sons daughter, sister or half-sister being the daughter of the same father as the desceased- (a) dies, and such bhumidhar was on the date immediately before the said date an intermediary of the land comprised in the holding, or held the holding as a fixed-rate tenant, or an ex-proprietary or occupancy tenant in Avadh, or as a tenant on special terms in Avadh, and- (i) she was in accordance with the personal law applicable to her entitled to a life estate only in the holding, the holding shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male intermediary or tenant aforesaid; and if, (ii) she was in accordance with the personal law applicable to her entitled to the holding absolutely, the holding shall devolve in accordance with the table mentioned in Section 174; (b) dies, abandons or surrenders and in the case of a widow, widow of a male lineal descendant in the male line of descent, mother, fathers mother, marries such bhumidhar on the date immediately before the said date held the holding otherwise than as an intermediary or tenant referred to in clause (a), the holding shall devolve upon the nearest surviving heir (such heir being ascertained in accordance with the provisions of Section 171) of the last male tenant. (3) The provisions of sub-section (1) mutatis mutandis apply to an asami who inherited the holding before the date of vesting. (4) Nothing in sub-section (1) shall apply to a person succeeding to an interest in any holding under the provisions of Section 174. Explanation. - For the purposes of this section the expression "last male bhumidhar, or asami" includes the last male tenant, grove holder, permanent lessee in Avadh, grantee or sir or khudkasht holder, as the case may be. SHORT NOTES The right in the property relating to the share of daughter in law, vested in her on the death of her father in law; could not be divested subsequently by the application of Section 172 (1).- Raghav Ram v. Board of Revenue, 2010 (109) RD 162. 172A. Omitted :- Omitted by U. P. Act 8 of 1977 (w.e.f. 28-1- 1977) 173. Omitted :- [Omitted by U. P. Act 20 of 1954]. 174. Succession To A Woman Holding An Interest Otherwise :- When a bhumidhar, or asami (other than a bhumidhar, or asami mentioned in Sections 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, sons son, sons sons son, pre-deceased sons widow and Substituted by U.P. Act No. 28 of 2008 (w.e.f. 1-9-2008).[pre- deceased sons pre-deceased sons widow and unmarried daughter] in equal shares 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) [Omitted by U. P. Act No. 37 of 1958]; (d) Substituted by U.P. Act No. 28 of 2008 (w.e.f. 1-9-2008). [married daughter]; (e) daughters son ; (ee) father; (eee) mother ; (f) brother; (g) brothers son; (h) sister; (i) sisters son. 175. Passing Of Interest By Survivorship :- In the case of a co-widow, or a co-tendure-holder, who dies leaving no heir entitled to succeed under the provisions of this Act, the interest in such holding shall pass by survivorship. Division 176. Holding Of A Bhumidhar Divisible :- (1) A bhumidhar may sue for division of his holding. (2) To every such suit, the Gaon Sabha concerned shall be made a party. SHORT NOTES Transfer of agricultural land through mutation, not permissible.- Agricultural land cannot be transferred through mutation application. Partition among co-tenure holders may be effected only through the suit. Moreover partition can take place amongst co- tenure holders and not between tenure-holder and stranger.- Davinder Singh v. State of U.P., 2009 (106) RD 552. Principle of estoppel.-Ordinarily an estoppel operates either through a Statute or by the conduct of a party. When it is an estoppel by statute, then it is a bar under statute itself but where it is an estoppel by conduct then it has to be inferred from the provisions of the Act and further on the strength of the adjudication of the conduct of party. These provisions are not available in U.P. Z.A. & L.R. Act nor in U.P. Consolidation of Holdings Act.-Sri Ram v. D.D.C., 2009 (108) RD 109. 177. One Suit For Division Of Several Holdings :- 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 Gaon Sabhas shall be made parties to the suit. 178. Omitted :- 178-182. Omitted by U.P. Act No. 27 of 2004 (w.e.f. 23-8- 2004).Omitted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004). 179. Omitted :- 180. Omitted :- 181. Omitted :- 182. Omitted :- 182A. Omitted :- [Omitted by U.P. Act No. 37 of 1958]. 182B. Section 182B :- 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. Surrender, abandonment, extinction and acquisition 183. Surrender Of Holding By Bhumidhar With Non- Transferable Rights :- A bhumidhar with non-transferable rights may surrender his holding or any part thereof by making an application in writing to t h e 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 the mortgage has not been fully redeemed. 184. Surrender Of Holding By Asami :- 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. 185. Notice Of Surrender :- Notwithstanding the surrender, unless the bhumidhar with non- transferable rights, or asami applies or gives notice before the 1st 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. 186. Abandonment :- (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 years, the Tahsildar may, on the application of the Gaon Sabha or the land-holder 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 non-transferable rights or the asami, or publish in the manner prescribed a notice in the form to be prescribed requiring him to appear and show cause on a date to be fixed why the holding be not held as abandoned. (4) If the bhumidhar with non-transferable rights or the asami does not appear in answer to the notice, or appears but does not contest it, the Tahsildar shall declare the holding as abandoned and thereupon, except as provided in Section 172, the holding shall be deemed to be vacant land: Provided that no declaration under this sub-section shall be made in respect of a holding, or any part thereof, if the same has been mortgaged by the bhumidhar with non-transferable rights under sub-section (2) of Section 153 and the mortgage has not been fully redeemed, in which case the Tahsildar shall move the Collector for the realization of the loan in such manner as may be prescribed. (5) If the bhumidhar with non-transferable rights or asami appears to contest the notice, the Tahsildar shall drop the proceedings. 187. Admission Of Asami To The Holding Of A Disabled Bhumidhar With Non-Transferable Rights :- Where a bhumidhar with nontransferable 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 farming for two consecutive agricultural 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 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. 187A. Section 187A :- (1) When the Collector has reasons to believe upon information or otherwise that any land, the area whereof exceeds twelve-and-a- 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 particulars as may, in his opinion be necessary for the information of the bhumidhar concerned. (3) If the bhumidhar appears and satisfies the Collector- (a) that the land was used for a purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming within the period mentioned in sub-section (1); (b) that he had sufficient cause for not so using it; or (c) that he shall, within six months next following the date of service of the notice mentioned in sub-section (1), use the land for a purpose connected with agriculture, horticulture or animal husbandry, which includes pisciculture and poultry farming or obtain a declaration under Section 143, he shall in cases mentioned in clauses (a) and (b) discharge the notice forthwith and in case of (c) postpone the order to a date six months after the date of service of said notice. (4) On the date fixed under sub-section (3) or any other date on which the case may be taken up, the Collector shall, if the land has been used for a purpose as aforesaid, discharge the notice or unless for reasons to be recorded he allows further time, let out the land to an asami in the mariner and upon terms to be prescribed and all the provisions of this Act relating to an asami belonging to the class mentioned in clause (b) of Section 133 shall apply to such asami as if he had been admitted to the land by the bhumidhar personally. (5) If the bhumidhar does not appear in reply to the notice under subsection (1) and the Collector is, after such further enquiries as he may consider necessary, satisfied that the bhumidhar has failed to use the land as aforesaid during the period referred to in sub- section (1), he shall, unless he decides to discharge the notice, let out the land to an asami in the manner and upon terms to be prescribed and all the provisions of this Act relating to an asami belonging to class mentioned in clause j(b) of Section 133 shall apply to such asami as if he had been admitted to the land by the bhumidhar pesonally. (6) It shall be lawful for the Collector instead of himself letting out the land to direct the Land Management Committee to do so. (7) An appeal against the orders of the Collector under sub-section (4) or (5) directing the land to be let to an asami shall lie to the Commissioner. 188. Entry Upon An Abandoned Holding :- A Land Management Commitee or a landholder 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. 189. Extinction Of The Interest Of A Bhumidhar With Transferable Rights :- 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 the acquisition of land; or (c) when he has been deprived of possession and his right to recover possession is barred by limitation. 190. Extinction Of The Interest Of A Bhumidhar With Non- Transferable Rights :- (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 acquisition of land ; (e) when he has been ejected in accordance with the provisions of this Act; or (f) when he has been deprived of possession and his right to recover possession is barred by limitation. (2) The provisions of sub-section (1) shall apply, mutatis mutandis to asamis also. 191. Extinction Of The Interest Of Asami :- The extinction of the right, title and interest of a bhumidhar shall operate to extinguish the interest of any asami holding under him. 192. Merger :- 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. 193. Rights And Liabilities Of A Sirdar Or Asami On Extinction Of His Interest :- When the interest of a bhumidhar or asami is extinguished, he shall vacate his holding, 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 removal 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. 194. Land Management Committee To Take Over Land After Extinction Of Interest Therein :- 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) Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[xxx] (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. 195. Admission To Land :- The Land Management Committee with the previous approval of the Substituted by U. P. Act No. 27 of 2004 (w.e.f. 23-8-2004). [Assistant Collector Incharge of the subdivision] 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. SHORT NOTES The first requirement of law for the allotment of land is that the land must be vacant. Vacant means "Unoccupied" having no claimant.-Kalika Prasad and another v. Board of Revenue, 2009 (106) RD 39. 196. Omitted :- Omitted by U. P. Act No. 8 of 1977-(w.e.f. 28-1-1977). 197. Admission To Land Mentioned In Section 132 :- (1) The Land Management Committee with the previous approval of the Substituted by U. P. Act No. 27 of 2004 (w.e.f. 23-8-2004). [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 provisions of the Act. Inserted by U. P. Act No. 20 of 1982 (w.e.f. 10-11-1980).{2) Notwithstanding anything contained in any other provision of this Act, the right to admit any person as asami of any tank, pond or other land, covered by water shall be regulated by the rules made under this Act.] SHORT NOTES It the petitioners were recorded as Asami at the time of Zamindari Abolition there is no question that they might have been granted Asami lease by Gaon Sabha under this Section.-Dod Raj and others v. Commissioner, Bareilly, 2010 (109) RD 159. 198. Order Of Preference In Admitting Persons To Land Under Sections 195 And 197 :- (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; Substituted by U. P. Act No. 38 of 2007 (w.e.f. 31-7-2007).[(c) a landless agricultural labourer residing in the circle and belonging to any one of the following categories in the order of preference :-(i) persons belonging to the Scheduled Castes or the Scheduled Tribes; (ii) persons belonging to Other Backward Classes; (iii) persons belonging to the general category living below poverty line]; (cc) Omitted by U. P. Act No. 11 of 2002 (w.e.f. 31-7-2002). [***] (d) any other landless agricultural labourer residing in the circle; (e) a bhumidhar or asami residing in the circle and holding land less than 1.26 hectares (3.125 acres) ; (f) a landless person residing in the circle who is retired, released or discharged from service other than service as an officer in the Armed Forces of the Union ; (g) a landless freedom fighter residing in the circle who has not been granted political pension; and Substituted bv U. P. Act No. 38 of 2007 (w.e.f. 31-7-2007).[(h) any other landless agricultural labourer, not residing in the circle, but residing in the Nyaya Panchayat circle referred to in Section 42 of the United Provinces Panchayat Raj Act, 1947 and belonging to any of the following categories in the order of preference:- (i) persons belonging to the Scheduled Castes or the Scheduled Tribes; (ii) persons belonging to Other Backward Classes; (iii) persons belonging to the general category living below poverty line;] Explanation. - For the purposes of this sub-section- (1) landless refers to a person who or whose spouse or minor children hold no land as bhumidhar, or asami, and also held no land as such within two years immediately preceding the date of allotment; and (2) agricultural labourer means a person whose main source of livelihood is agricultural labour; (3) Freedom-Fighter means an inhabitant of Uttar Pradesh who is certified by the Collector to have participated in the National struggle for freedom during the period between 1930 and 1947 and who in connection with such participation, is similarly certified to have- (a) undergone a sentence of imprisonment for a period of at least two months ; or (b) been in jail for a period of at least three months by way of preventive detention or as an undertrial; or (c) been subjected to at least ten stripes in execution of a sentence of whipping; or (d) been declared an absconding offender ; or (e) suffered a bullet injury ; and includes a person who was involved in the Peshawar-Kand or who was a recognised member of the Indian National Army or former India Independence League; but does not include a person who was granted pardon on account of his tendering apology or expressing regret for such participation. Inserted by U.P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[(4) Other Backward Classes means the backward classes of citizens specified in Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 (UP. Act No. 4 of 1994). (5) persons of general category living below poverty line means such persons as may be determined from time to time by the State Government.] (3) The land that may be allotted under sub-section (1) shall not exceed- (i) in the case of a person falling under clause (e), such area as together with the land held by him as bhumidhar, or asami immediately before the allotment would aggregate to 1.26 hectares (3.125 acres); (ii) in any other case, an area of 1.26 hectares (3.125 acres). (4) The Substituted by U. P. Act No. 27 of 2004 (w.e.f. 23-8- 2004). [Collector] may of his own motion and shall on the application of any person aggrieved by an allotment of land inquire in the manner prescribed into such allotment and if he is satisfied that the allotment is irregular, he may cancel the allotment and the lease, if any. (4-A) Omitted by U. P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[* * *] (5) No order for cancellation of an allotment or lease shall be made under sub-section (4), unless a notice to show cause is served on the person in whose favour the allotment or lease was made or on his legal representatives: Provided that no such notice shall be necessary in proceedings for the cancellation of any allotment or lease where such proceedings were pending before the Collector or any other Court or authority on August 18,1980. (6) Every notice to show cause mentioned in sub-section (5) may be issued- (a) in the case of an allotment of land made before November 10, 1980 (hereinafter referred to as the said date), before the expiry of a period of Substituted by U. P. Act No. 24 of 1986.[seven years] from the said date ; and (b) in the case of an allotment of land made on or after the said date, before the expiry of a period of Substituted by U. P. Act No. 24 of 1986.[five-years from the date of such allotment or lease, or upto November 10, 1987, whichever be later]. (7) Where the allotment or lease of any land is cancelled under subsection (4), the following consequences shall ensue, namely- (i) the right, title and interest of the allottee or lessee or any other person claiming through him in such land shall cease and the land shall revert to the Gaon Sabha ; (ii) the Substituted by U. P. Act No. 27 of 2004 (w.e.f. 23-8- 2004).Collector] may direct delivery of possession of such land forthwith to the Gaon Sabha after ejectment of every person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary. Substituted by U. P. Act No. 27 of 2004 (w.e.f. 23-8-2004).[(8) Every order made by the Collector under sub-section (4) shall, subject to the provisions of Section 333 be final.] (9) Where any person has been admitted to any land specified in Section 132 as a sirdar or bhumidhar with non-transferable rights at any time before the said date and such admission was made with the previous approval of the Assistant Collector in-charge of the sub-division in respect of the permissible area mentioned in sub-section (3), then notwithstanding anything contained in other provisions of this Act or in the terms and conditions of the allotment or lease under which such person was admitted to that land, the following consequences shall, with effect from the said date ensue, namely- (a) the allottee or lessee shall be deemed to be an asami of such land and shall be deemed to be holding the same from year to year, and the allotment or lease of the land to the extent mentioned above shall not be deemed to be irregular for the purposes of sub-section (4); (b) the proceedings, if any, pending on the said date before the Collector or any other Court or authority for the cancellation of the allotment or lease of such land, shall abate. SHORT NOTES "Aggrieved person".-The post facto allegations cannot be made the basis to support the finding which had proceeded on the assumption that any person of the Gaon Sabha can be an aggrieved person.-Meharban and others v. State of U.P., 2009 (108) RD 672. Publication of allotment proceedings.-In every village in Uttar Pradesh several persons read newspapers. Accordingly, it is essential that information regarding allotment shall be published in some such Hindi Newspapers which have got wide circulation in the area at least two weeks in advance so that all those persons who belong to the eligible category and who are desirous of getting allotment of Gaon Sabha land, may apply for the same.-Raja Ram and others v. Smt. Son Kali, 2009 (107) RD 796. There is no requirement of law that on patta, signature or thumb impression of allottee must also be there. As for as the prior permission of S.D.O. is concerned the provision was not there in the year 1963. It was added only in the year 1969.-Shri Nath v. Deputy Director of Consolidation, 2009 (108) RD 62. S t a y order to be granted with reasonable condition.-In revision/appeal against eviction order normally stay order should be granted after imposing reasonable conditions, however if stay order is rejected then reason shall be given.-Ram Murti Lal v. Addl. Commissioner, Bareilly, 2010 (109) RD 4. Time frame prescribed for issuing notice before cancelling the allotment/lease of a land provided under this provision is applicable to both suo motu proceedings as well as proceedings on the application of the person aggrieved.-Suresh Giri v. Board of Revenue, 2010 (109) RD 566. Allotment made prior to "said date" i.e. November 10,1980 of land specified under Section 132 as Sirdar or Bhumidhar shall be treated to a Asami year to year, thus the deeming clause comes in operation with regard to the land allotted prior to November 10,1980.-Smt. Vakila v. State of U.P., 2008 (104) RD 456. The legislature itself confined deeming clause as Asami with regard to only those Sirdars or Bhumidhars who were allotted land prior to November 10, 1980.-Smt. Vakila v. State of U.P., 2008 (104) RD 456. Proceedings under Section 198 (4-A) not revisable under Section 333 of U.P. Zamindari Act.-By U.P. Act No. 11 of 2002 an amendment has been inserted excluding one proceeding from the revisional jurisdiction, that is proceeding under sub-section (4-A) of Section 198.-Talib Khan v. Additional Comm., Moradabad, 2008 (104) RD 458.Substituted by U. P. Act No. 24 of 1986. 198A. Restoration Of Possession To The Allottees Of Gaon Sabha Or The Government Lessee :- (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 ana 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. Inserted by U.P. Act No. 11 of 2002 (w.e.f. 18-7-2002).[(1-A) Where any person, after being evicted under sub-section (1), reoccupies the land or any part thereof without lawful authority, the Assistant Collector shall, without prejudice to the proceeding under subsection (2), direct such person to pay such damages to the allottee as he thinks fit considering the location and potentiality of the land and such other factors as may have bearing on the subject i Provided that the amount of the damages shall not be less than five thousand rupees and Omitted by Notification No. 1830/VII-VI- l-l (ka)-13-02 dated 14-2-2002.[* * *] more than fifteen thousand rupees per hectare per year. (1-B) A person aggrieved by an order of the Assistant Collector under sub-section (1-A) may, within thirty days of such order, prefer an appeal before the Collector in such manner as may be prescribed and the order of the Collector shall be final. (1-C) If the person directed to pay damages by the Assistant Collector under sub-section (1-A) or, by the Collector if an appeal is preferred under sub-section (1-B), fails to pay the same within the time fixed by the Assistant Collector or the Collector, as the case may be, it shall be recovered as arrears of land revenue and paid to the allottee.] (2) Where any person, after being evicted under this section, re- occupies the land or any part thereof without lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with fine which may extend to three thousand rupees : Provided that the Court convicting the accused may, while passing the sentence, direct that the whole or such portion of the fine that may be recovered as the Court considers proper be paid to the allottee or lessee, as the case may be, as damages for use and occupation. (3) Where in any proceeding under sub-section (2), the Court, at any stage after cognizance of the case, has been taken, is satisfied by affidavit or otherwise that- (a) the accused is in occupation of the land to which such proceeding relates, in contravention of the-provisions of this Act, and (b) the allottee or lessee, as the case may be, is entitledHo the possession of such land, the Court may summarily evict the accused from such land pending the final determination of the case, and may put the allottee or lessee, as the case may be, in possession of such land. (4) Where in any proceeding under sub-section (2), the accused is convicted, the interim order passed under sub-section (3) shall be confirmed by the Court. (5) Where in any proceeding under sub-section (2), the accused is acquitted or discharged and the Court is satisfied that the person so acquitted or discharged is entitled to be put back in possession over such land, the Court shall, on the application of such person, direct that delivery of possession be made to him. (6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, offence under sub-section (2) may be tried summarily. (7) For the purpose of speedy trial of offence under this section, the State Government may, in consultation with the High Court, by notification, constitute special Courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offences the powers of a Judicial Magistrate of the First Class. (8) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, every offence punishable under sub-section (2) shall be cognizable and non-bailable.] SHORT NOTES Where the allegations made by complainant only show that the accused persons attempted to interfere in the possession of the complainant and there is no allegation to the effect that the accused persons actually dispossessed the complainant and re- entered the disputed plots, therefore no offence is made out under this Section.-Smt. Ramawati v. U.P. Zila Magistrate, 2008 (104) RD 73. Ejectment Substituted by U. P. Act No. 8 of 1977 (w.e.f. 28-1- 1977). 199. Eviction Of Bhumidhar :- No bhumidhar shall be liable to ejectment from his holding, except as provided in this Act. 200. Eviction Of Asami :- No asami shall be liable to ejectment from his holding, except as provided in this Act. 201. Eviction On The Suit Of Gaon Sabha :- A bhumidhar with nontransferable 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. 202. Procedure Of Ejectment Of Asami :- 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 before the end of the current agricultural year ; (c) that he belongs to the class mentioned in clause (d) of subsection (1) of Section 21 and the mortgage has been satisfied or the amount owing under the mortgage has, whether or not it has become payable thereunder, been deposited in Court; (d) that he is an asami under Section 11 and right to maintenance allowance does not any longer subsist ; (e) that he belongs to the class mentioned in clause (f) of subsection (1) of Section 21 and that the cultivation of agricultural crops has become impossible ; (f) that he belongs to the class mentioned in the clause (h) of sub- section (1) of Section 21 or clause (b) of Section 133 and that- (i) the land-holder wishes to bring the land under his personal cultivation and in cases where the lease is for a fixed term such term has expired; or (ii) the disability has determined; (g) that he is an asami under Section 13 and the period mentioned in clause (a) of sub-section (2) of the said section has expired; ( h ) that there is an unsatisfied decree of arrears of rent outstanding against him and such decree can be executed by ejectment. SHORT NOTES Relevant date for determination of right.-Mere use of the word "Khudkasht" in the lease/sub-lease of 1931 does not mean that the plaintiffs were Zamindars. In any case in the revenue records since before 7-8 years of Zamindari Abolition till Zamindari abolition the plaintiffs were recorded as fixed rate tenant/tenants. Thus the Board of Revenue rightly held that the relevant date for determining the right of the,plaintiffs was the date on which the. zamindari was abolished.-Daya ShanKar v. Board of Revenue and others, 2008 (104) RD1. 203. Right To Crops Fnd Trees When Ejectment Takes Effect :- (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 contained in the Code of Civil Procedure, 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 the judgment-debtor is less than the value of such crops or trees ; and- (i) the Gaon Sabha or the land-holder pays the difference between such amount and the value to the judgment-debtor, the Court shall deliver the possession of the holding to the Gaon Sabha or land- holder concerned and all rights of the judgment-debtor in such crops or trees shallpass to decree-holder, (ii) the Gaon Sabha or the land-holder does not pay such difference, the judgment-debtor shall have a right of tending, gathering or removing such crops or trees or fruits of such trees until such crops or trees have been gathered and removed or die or are cut down as the case may be, paying such compensation for the use and occupation of land as the Court may fix. (2) The Court executing the decree or the order of ejectment may on the application of any party determine the value of the crops or trees and the compensation payable by the judgment-debtor under the provisions of clause (b) of sub-section (1). 204. Failure To Institute A Suit For Ejectment Under Section 202 Or Execute The Decree Obtained Thereunder :- If a suit for ejectment of an asami,,to whom any of the clauses (a), (b), (c), (d) or (h) of sub-section (1) of Section 21 or Section 11 or clause (b) of Section 133 applies is not instituted or a 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. 205. Consequences Of Ejectment Under Section 202 :- 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. 206. Ejectment For Use Of Land In Contravention Of The Provision Of This Act :- 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. 207. Decree For Ejectment Under Section 206 :- 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. 208. Suit For Compensation And Repair Of The Waste Or Damage :- Notwithstanding anything in Section 206, the Gaon Sabha or the landholder may, in lieu or 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. 209. Ejectment Of Persons Occupying Land Without Title :- (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 the 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 relating to a land referred to in clause (a) of subsection (1), the State Government shall be impleaded as a necessary party. 210. Consequences Of Failure To File Suit Under Section 209 :- I f 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 part of the holding of a bhumidhar with transferable rignts, become a bhumidhar with 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 froms part of the holding of a bhumidhar with non-transferable rights, become a bhumidhar with nontransferable rights and the right, title and interest of an asami, if any, in such land shall be extinguished ; (c) where the land/forms part of the holding of an asami on behalf of the Gaon Sabha, become an asami of the holding from year to year: Provided that the consequences mentioned in clauses (a) to (c) shall not ensue in respect of any land held by a bhumidhar or asami belonging to a Scheduled Tribe. Inserted by U. P. Act No. 20 of 1982 (w.e.f. 3-6-1981). 211. Power To Evict Unauthorised Occupants Of Land Held By A Member Of Scheduled Tribe :- (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 occupant 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 subsection (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. (3) Any Court convicting a person under sub-section (2) may make an order to put the tenure-holder in possession of such land after evicting the person summarily from such land or any part thereof and such person shall be liable to eviction without prejudice to any other action that may be taken against him under any other law for the time being in force. (4) Every offence punishable under sub-section (2) shall be cognizable and non-bailable and notwithstanding anything contained in the Code of Criminal Procedure, 1973, may be tried summarily. (5) For the purpose of speedy trial of offence, under this section, the State Government may, in consultation with the High Court, by notification constitute special Courts consisting of an officer not below the rank of Sub-Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973 exercise in relation to such offences the powers of Judicial Magistrate of the first class.] 211A. Omitted :- Omitted by U. P. Act No. 35 of 1976. 212. Section 212 :- Any person who, on or after the eighth day of August 1946, has been admitted as a tenure grove-holder 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. 212A. Summary Procedure For Ejectment From Land Of Public Utility :- ( 1 ) Without prejudice to the provisions of Section 212, the Chairman, Members, 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 against whom the application is directed to appear within a time to be fixed by him and to show cause why an order of ejectment be not made against him. (4) Where the person does not appear in pursuance of the notice under sub-section (3) or if he appears but does not contest the notice, the Collector may make an order for his ejectment from the land. (5) If the person appears, in pursuance of the notice under sub- section (3) and files any objection, the Collector shall proceed to hear the applicant and the objector and any evidence which they may adduce. (6) Whereupon the said hearing, the Collector is satisfied that the person was admitted as a tenure-holder or grove-holder of land referred to in Section 212 or being an intermediary brought such land under his own cultivation or planted a grove thereon on or after the eighth day of August, 1946, he shall pass an order for ejectment of the person from the land on payment of such compensation as may be prescribed. (7) Where an order for ejectment has been passed under this section, the party against whom the order has been passed, may institute a suit to establish the right claimed by it, but subject to the results of such suit, the order passed under sub-section (4) or (6) shall be conclusive. 212B. Remedies For Wrongful Ejectment :- (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 land-holder or any person claiming as land-holder to have a 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 the time of the passing of decree, is liable to ejectment in accordance with the provisions of this Act, within the current agricultural year. ( 2 ) When a decree is passed for compensation for wrongful dispossession but not for possession, the compensation awarded shall be for the whole period during which the asami was entitled to remain in possession. (3) An asami who has sued for possession only shall not be entitled to institute a separate suit for compensation for wrongful dispossession. Explanation. -For purposes of this section land does not include any area for the time being used for a purpose other than agriculture. 212C. Land-Holder To Be Impleaded As Defendant :- Where an asami sues under clause {b) of sub-section .(1) of Section 212-B, any person admitted or allowed to retain possession, the land-holder or the person claiming as land-holder of such person shall be impleaded as a defendant. Rent 213. Rent Payable By An Asami :- 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. 214. Rent Not To Be Varied :- The rent payable by an asami shall not be varied except in the manner and the extent provided by or under this Act. 215. Suit For Fixation Of Rent :- (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 payable in such year, the rent shall be fixed at twice the amount calculated at hereditary rates applicable to the land. 216. Hypothecation Of Produce Towards Payment Of Rent :- 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 the 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. 217. Rent How Payable :- (1) It shall be lawful for an asami to pay his rent by postal money order, but the acceptance by the Gaon Sabha or the land-holder of a sum so paid shall not debar the land-holder 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 payees 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 record the receipt or refusal thereof. 218. Commutation Of Rent :- 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. 219. Instalment For Payment Of Rent :- 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. 220. Application For Payment Of Arrears Of Rent And Ejectment In Default :- (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 land-holder, 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. 221. Issue Of Notice To Asami Upon Application Under Section 220 :- (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. 222. Order For Payment On Failure To Comply With The Notice Under Section 221 :- (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 appl- icant 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. (4) If the Court-fee has been duly paid, the Court shall, proceed to hear and decide the application as if it were a suit for recovery of arrears of rent. (5) The rejection of an application under sub-section (3) shall not preclude the applicant from filing a suit for recovery of arrears of rent. 223. Mode Of Execution Of Decree Or Order For The Payment Of Arrears Of Rent :- (1) Notwithstanding anything contained in the Code of Civil Procedure, 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. 224. Interest On Arrears Of Rent :- An asami shall, from the date rent becomes due, be liable to pay interest at six and a quarter percent per annum on any instalment remaining unpaid. 225. Recovery Of Arrears Of Rent, Sayar And Other Dues In Respect Of Government Property And Gaon Sabha Property :- 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. 225A. Powers To Write Off Irrecoverable Arrears Of Rent, Sayar Or Other Dues :- 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. 226. Remission For Calamity By Court Decreeing Claim For Arrears :- (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 diluvion 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 accordance with such principles as may be prescribed. Miscellaneous 227. Suit For Arrears Of Irrigation Dues :- 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. 228. Vesting Of Trees Existing On The Boundary Of The Holding Of A Tenant :- 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. 229. Declaratory Suit :- Notwithstanding anything to the contrary in Section 42 of the Specific Relief Act, 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. 229A. Trespass Of Holding Or Land Of Gaon Sabha Or Local Authority :- 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, 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. 229B. Declaratory Suit By Person Claiming To Be An Asami Of A Holding Or Part Thereof :- (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 land-holder 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 h old 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 "land-holder" the words "the State Government and the Gaon Sabha" are substituted therein. SHORT NOTES In relation to plot in dispute, being Gaon Sabha property the patta was granted in favour of father of petitioner in 1953 Fasli but the names were not promptly entered in revenue records. Such Pattedar are liable to be evicted immediately.-Brij Lal v. State of U.P., 2010 (109) RD 115. 229C. Suit For Declaration Of Rights Of A Person Claiming To Be An Asami :- 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 right of such person. 229D. Provision For Injunction :- Renumbered by U. P. Act No. 20 of 1982.[(l)] 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. Added by U. P. Act No. 20 of 1982.[(2) Nothing in sub-section (1) shall apply to a suit filed under subsection (4-D) of Section 122-B]. SHORT NOTES Writ of Mandamus not to be issued for restraining dispossession.-No mandamus can be issued by High Court restraining the dispossession of the petitioners from the land because the proper remedy available is to initiate proceedings for declaration of his title and possession under Sections 229-B/229-D if he is being illegally evicted.-Ved Puri and others v. State of U.P., 2010 (109) RD 157. 230. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of foregoing power any such rules may provide for- (a) Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[***]; (b) Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[***]; (c) Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[***]; (d) Omitted by U. P. Act No. 8 of 1977 (w.e.f. 28-1-1977).[***]; (dd) the procedure relating to the making of an application under Section 157-A and the inquiries to be made by the Collector in respect thereof ; (e) the procedure for the exchange of lands under Section 161; (ee) the procedure for making inquiry and declaration under Sections 163 and 167; (f) the procedure for confirmation of the transfer as sale under Section 164 ; (g) the procedure for ejectment under Section 167; (gg) [Omitted by U. P. Act No. 37 of 1958] ; (ggg) [Omitted by U. P. Act No. 37 of 1958] ; (h) the form of the notice under Sections 183 and 184 and the mode of its service ; (i) the procedure for taking over possession of land by Land Management Committee under Section 194 ; (j) the procedure of admission to land under Sections 195 and 197 ; (k) the guidance of Courts and officers in suits, applications and other proceedings under, and generally in all matters connected with the enforcement of this Chapter; and (1) the matters which are to be and may be prescribed. CHAPTER 9 ADHIVASIS 231. Rights Of An Adhivasi :- (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 Sections 171 to 175. 232. Application For Possession By Adhivasi :- (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 subdivision 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. (4) On the date fixed or on any other date to which the hearing may be adjourned the Assistant Collector shall, if after such inquiry, as may be prescribed, he is satisfied that the applicant is entitled to be put into possession, make an order to that effect. (5) Where any improvement as defined in the U. P. Tenancy Act, 1939, was lawfully made before the date of vesting by any person on the land and such person is dispossessed from such land under sub-section (1), the Assistant Collector shall, at the time of making the order under subsection (4) direct compensation to be paid to such person for such improvement and the amounts of compensation shall be determined, as far as may be, in the manner and in accordance with the principles laid down in that behalf in Chapter V of the U. P. Tenancy Act, 1939. ( 6 ) The order for possession under sub-section (4) shall be conditional on the payment, by the adhivasi within such time as the Assistant Collector may fix for the amount of compensation to be paid under subsection (5): Provided that if the land or any part thereof is in the possession of any person to whom the land-holder let it out before the first day of July, 1949, such person not being a relation, dependant or servant of the landholder, the Assistant Collector shall, if the person so applies, direct that he shall not be ejected therefrom until the expiry of three years from the thirtieth day of June next following the date of the order : Provided further that such person shall, during the period he is allowed to continue the possession under that next preceding proviso, be liable to pay to the adhivasi the same rent as he was paying for the land on the date immediately preceding the date of vesting. 232A. Rights Of An Adhivasi For Ejectment Under Section 209 :- The provisions of Section 209 shall mutatis mutandis apply to an adhivasi as if he were an asami. 233. Rent Payable By An Adhivasi :- 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| per centum and more than 200 per centum of the rent computed at hereditary rates applicable to the land. 233A. Commutation Of Rent :- 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 the 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 1331/3 per cent and more than 200 per cent of the rent calculated at hereditary rates. 234. Ejectment Of Adhivasi :- 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. 234A. Application Of Sections 212-B, 212-C And 229-B To 229-D In The Case Of An Adhivasi :- . 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. 235. Omitted :- 236. Omitted :- 237. Omitted :- 238. Omitted :- 239. Omitted :- 240. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of foregoing power, such rules may provide for- (a) [Omitted by U. P. Act 20 of 1954] (b) [Omitted by U. P. Act 20 of 1954) (c) [Omitted by U. P. Act 20 of1954] (d) [Omitted by U. P. Act 20 of1954) (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. CHAPTER IXA CONFERMENT OF SIRDARI RIGHTS ON ADHIVASI 240A. Acquisition Of Rights, Title And Interest Of Land-Holder In The Land Held By Adhivasi :- (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 landholder in the land which, on Jthe 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 subsection (1) in respect only of such area or areas as may be specified and all the provisions of sub-section (1) shall be applicable to and in the case of every such notification. 240B. Consequences On Acquisition Of Rights, Title And Interest Under Section 240-A :- 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 (a) to continue to work any mines comprised in any land referred to in Section 240-A which shall be governed by law for the time being in force; and (aa) to continue any proceeding under Section 232 pending at the appointed date in any Court, in such Court. Explanation. -In this section the expression appointed date has the meaning assigned to it in Section 240-A of the principal Act; (b) to recover any arrears of rent, or other dues which accrued before the appointed date and the same shall, notwithstanding anything contained in this Act be recoverable as heretofore by the person entitled thereto; and (g) all suits and proceedings of the nature to be prescribed pending in any Court at the appointed date and all proceedings upon any decree or order passed in any such suit or proceeding previous to the appointed date shall be stayed: Provided that no decree for an arrears of rent or order for ejectment in default of an arrear of rent shall be executed by ejectment of the judgment-debtor from his holding. 240C. Land-Holder Entitled To Receive Compensation :- Every landholder 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. 240D. Compensation Statement :- For purposes of assessment and payment of compensation for acquisition of rights, title and interest of the land-holder 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 Section 19, the rent computed at hereditary rates applicable on the said date; (c) where the land referred to in Section 240-A was land other than land mentioned in clause (b), the rent payable for such land by the tenant thereof on the said date; and (d) such other particulars as may be prescribed. 240E. Compensation To The Land-Holder Or An Adhivasi :- 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; (3) where such land-holder was, on the date immediately preceding the appointed date, a bhumidhar other than a bhumidhar referred to in clause (1) and (2) an amount equal to- (a) ten times the rent referred to in clause (b) of Section 240-D, and (b) ten times the rent referred to in clause (c) of the said section; (4) where such land-holder or his predecessor-in-interest was on the date immediately preceding the appointed date, a person referred to in sub-clause (in) of clause (b) of Section 240-D an amount equal to ten times the rent referred to in clause (b) of Section 240-D : Provided always that where the amount to be paid under sub- clause (a) of clause (3) or clause (4) is less than the amount equal to five times the rent payable for such land by the tenant thereof on the date immediately preceding the date of vesting, the amount to be paid shall be equal to five times the said rent. 240F. Preliminary Publication Of Statement :- 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. SHORT NOTES The benefit of U.P. Land Reforms Act (Supplementary Act, 1952) can be claimed by an Adhivasi who establishes that he was in cultivatory possession of the land during the year 1959 Fasli.- Shyam Narayan Tiwari v. Addl. District Magistrate, 2008 (104) RD 353. 240G. Filing Of Objections :- 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. SHORT NOTES Compensation statement amounts to adjudication of title between the land holder and the person claiming Adhivasi right and the principle of res judicata and constructive res judicata will apply only to an Adhivasi who has been a party to the proceedings consequent on an objection of the nature provided under this provision.-Shyam Narayan Tiwari and others v. Addl. District Magistrate, Gorakhpur, 2008 (104) RD 353. 240H. Disposal Of Objections :- (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 question of title and such question has not already been determined by a competent Court, the Compensation Officer shall, except in cases in which Section 240-HH applies refer the question for determination to the Court of competent jurisdiction. Explanation. -Whether a person is or is not an adhivasi shall not be deemed to raise a question of title within the meaning of this clause. (3) The Court of competent jurisdiction shall determine the question referred to him under clause (b) of sub-section (2) in the manner prescribed and his decision thereon shall be final. 240HH. Question Of Title In Respect Of Land In Areas Under Consolidation Operations To Be Referred To The Arbitrator :- 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. r. 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 proceedings under that Act. 240I. Appeal To The Collector :- Notwithstanding anything contained in any law, any person aggrieved by the order of the Compensation Officer, deciding the objection in so far as it relates to the amount of compensation under Section 24Q-H, may appeal to the Collector, who shall decide the appeal in the manner prescribed and the decision of the Collector shall be final. 240J. Final Publication Of The Statement :- (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 land-holder concerned. 240K. Payment Of Compensation :- (1) Except as provided in subsection (3) the compensation mentioned in the final compensation statement referred to in Section 240-J, shall be paid in cash in one lumpsum 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-E ; 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. (2) The compensation shall be paid to the land-holder whose name is entered in the final compensation statement and where the land- holder dies before it is paid to him, it shall be paid to his legal representatives. (3) The compensation and rehabilitation grant payable in pursuance of clause (b) of sub-section (1) of Section 240-E, shall be paid in accordance with the provisions of Chapters IV and V. 240L. Provisions Of This Chapter Not To Apply To Evacuee Property :- Nothing contained in this Chapter shall apply to evacuee property. 240M. Power To Make Rules :- (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-E, 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; (e) the principles to be followed in determining the hereditary rates in areas where such rates are not already determined; (f) the time within which applications may be presented under this Act in cases for which no specific provision in that behalf has been made herein; (g) the application of the provision of the Indian Limitation Act, 1908, to applications and proceedings under this Act; (h) the fees to be paid in respect of applications under this Act, in cases in which no specific provision in that behalf has been made therein; (i) the duties of any officer or authority having jurisdiction under this Act, the procedure to be followed by such officer or authority; (J) the transfer of proceedings from one authority or officer to another officer or authority ; (k) the procedure to be followed in applications and other proceedings under this Act, in cases in which no specific provision has been made therein; and (1) the matters which are to be or may be prescribed. CHAPTER 10 LAND REVENUE 241. Land Revenue Assessed On A Village :- The land revenue assessed on any holding shall be first charge on such holding and also on trees or buildings standing thereon or the rents, profits or produce thereof. 242. Land Held By Bhumidhar Liable To Payment Of Land Revenue :- ( 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 land-holder, shall release such land from the liability to pay land revenue. 243. Liability Of The Bhumidhar For Payment Of Land Revenue Assessed On The Village :- (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 persons 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. (2) [Omitted by U. P.Act No. 34of 1974.]. 244. Payment Of Land Revenue On Behalf Of Others :- A bhumidhar who has paid an amount on account of land revenue exceeding his share, may require other bhumidhars to re-imburse the excess amount so paid by him on their behalf. 245. Land Revenue Payable By Bhumidhars :- (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 peracre in respect of an unirrigated plot of land; (ii) less than rupees ten per acre or more than rupees twenty per acre in respect of an irrigated plot of land. Explanation I. - A plot of land means land to which a separate Khasra number is assigned. Explanation II.- For the purposes of this section, the expression irrigated plot of land means a plot of land at least half the area whereof was irrigated by any source in at least one crop in each of any three agricultural years between 1379 Fasli to 1383 Fasli (both inclusive) and the expression unirrigated plot of land means every plot of land other than an irrigated plot of land. Explanation III. - For the removal of doubts, it is hereby declared that every bhumidhar shall continue to be liable to pay land revenue for the period ending on June 30, 1976, in accordance with the provisions of Chapter X as they stood before the commencement of this section. 246. Procedure For Determination Of Land Revenue :- (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 sub-section (2). (4) The Assistant Collector in-charge of the sub-division shall, after affording reasonable opportunity of being heard, decide the objection and his decision,shall be final. (5) The Provisional Statement shall, if necessary, be revised in accordance with an order under sub-section (4) and thereupon it shall be signed and sealed by the Assistant Collector In-charge of the sub-division and shall become final and conclusive. (6) The Assistant Collector In-charge of the sub-division may correct any clerical or arithmetical mistakes in the statement referred to in subsection (5) or any error arising therein from any accidental slip or omission. 247. Rates Of Land Revenue To Continue Until Duly Altered :- The amount specified in the final statement referred to in Section 2 4 6 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. 247A. Exemption Of Land Revenue In Certain Cases :- (1) Notwithstanding anything contained in Sections 245, 246 and 247, every member of a family, the total area of land held by whose 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 exempt from the liability to pay land revenue to the State Government. (2) The shares 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 described, 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 prepare and publish a list, in respect of each circle, of persons entitled to the exemption mentioned in sub-section (1) containing such particulars, in such form and manner and before such dates as may be prescribed and shall cause relevant extracts from the list to be delivered to the persons concerned. (4) Notwithstanding the provisions of this section, the land revenue assessed under Sections 245, 246 and 247 for a holding shall be recorded in full in the record of rights, and shall, for all other purposes, be deemed to be the land revenue payable by him. Explanation. - For the purposes of this section, Family consists of an individual, his or her spouse, and minor children, whether they are joint or not with the individual. 247B. Omitted :- . Omitted by U. P. Act No. 8 of 1975.[***]. 248. Dates And Instalments For Payment Of Land Revenue Under Sections 245 And 246 :- (1) The State Government may prescribe the date or dates from which 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 instalments thereof not paid on or before the due date becomes an arrear of land revenue and the persons liable for it become defaulters. 249. Cesses Or Local Rates Payable By Bhumidhar :- (1) Where cesses or local rates are assessed ana 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, but 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. 250. Reduction Of Land Revenue On Surrender Of A Part Of A Holding By A Bhumidhar With Non-Transferable Rights :- 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. 251. Omitted :- Omitted by U. P. Act No. 35 of 1976.[***] 252. Original Settlement Of Land Revenue :- 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. 253. Revision Settlement Of Land Revenue :- 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 a revision settlement) revenue of any district or part thereof. 254. Notification As To Settlement Operations :- 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 operations thereto be closed is published, be held to be under settlement. 255. Appointment And Powers Of Settlement Officers :- The State Government may appoint an officer (hereinafter called the Settlement Officer) to be in charge of the settlement of any district or part thereof and as many Assistant Settlement Officers as it may deem fit; and such officers shall, so long as the district or the part is under settlement, exercise the powers conferred upon them by this Act. 256. Transfer Of Duties Of Collector To Settlement Officers :- 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 rovinces Land Revenue Act, 1901. 257. Terms Of The Settlement :- A settlement shall remain in force for a period of twenty years : Provided that when in the opinion of the State Government, a revision settlement is inexpedient on 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. 258. Omitted :- Omitted by U. P. Act 34 of 1974]. 259. [Omitted By U. P. Act 34 Of 1974]. :- 260. Procedure To Be Adopted By A Settlement Officer :- W hen 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. 261. Assessment Of Revenue On Revenue-Free Lands In Certain Cases :- T h e 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. 262. Title To Hold Land Free Of Revenue :- 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. 263. Land Revenue To Be Assessed On The Aggregate Holding Area In A Village :- The land which shall ordinarily be assessed to land revenue shall, except as hereinafter excepted, be the aggegate 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. 264. Principles Of Assessment Of Land Revenue :- (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 holdings with the highest surplus produce and smallest on holdings with the lowest surplus produce. (3) Omitted by U. P. Act 35 of 1976. 265. Assessment Proposals :- 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. 266. Orders Of The State Government On The Assessment Proposals :- (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. 267. Omitted By U. P. Act 35 Of 1976 :- 267A. Power To Determine Revenue On Portions Of A Holding :- 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. 268. Remission Or Suspension Of Land Revenue On The Occurrence Of An Agricultural Calamity :- (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 suspend 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. 269. Exclusion Of The Period Of Suspension Under Section 268 For Limitation Purposes :- 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. 270. Order Under Section 268 Not To Be Questioned In Courts :- (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. 271. Revision Of Settlement On Account Of Decline In Prices Of Agricultural Produce :- Notwithstanding anything contained 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. 272. Appointment Of Officer For Settlement Under Section 271 :- A t 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. 273. Annual Enquiry Into Revenue Free Grants :- The Collector shall inquire annually into the case of all lands released conditionally or for a term from the payment of land revenue. I f 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, h e shall assess the land and report his proceedings to the Land Reforms Commissioner for sanction. 274. Omitted By U. P. Act 34 Of 1974 :- 274A. Rounding Off In Multiples Of Five Paise :- 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. Collection of land revenue 275. Arrangements For Collection Of Land Revenue :- The State Government may make such arrangements and employ such agency for the collection of land revenue as it may deem fit. 276. Collection Of Land Revenue By Gaon Panchayat :- (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 sub-section (1), it shall be its duty to collect and realise, in accordance with 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. 277. Consequences Of Collection Of Land Revenue By Land Management Committee :- 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 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 hands of his legal representatives, and (c) the Land Management Committee shall be paid such commission as may be prescribed on the land revenue "or other dues collected and realised by or on its behalf. 278. Certified Account To Be Evidence As To Arrears Of Land Revenue :- 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. 279. Procedure For Recovery Of An Arrear Of Land Revenue :- (1) An arrear of land revenue may be recovered by any one 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 his 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 immovable of the defaulter. (2) The costs of any of the processes mentioned in sub-section (1) shall be added to and be recoverable in the same manner as the arrear of land revenue. 280. Writ Of Demand And Citation To Appear :- (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 the arrears due on a date to be specified. 281. Arrest And Detention :- Any person who has defaulted in the payment of an arrear of land revenue may be arrested and detained in custody upto 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. 282. Attachment And Sale Of Moveable Property :- (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. (4) & (5) [Omitted by U. P. Act No. 12 of 1965] 283. Recovery Proceedings By Land Management Committee :- Where a Land Management Committee has been charged under Section 276 with the duty of collecting and realising land revenue, the State Government may, by general or special order published in the Gazette, authorise 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 authorised the Committee shall in making the recovery follow such procedure as may be prescribed. 284. Attachment, Lease And Sale Of Holding :- (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 the 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 sucn 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. (3) If during the period of lease, the lessee commits default in payment of the land revenue due under the lease, the arrear may be recovered from him by any one or more of the processes mentioned in clauses (a) to (c), (f) and (g) of sub-section (1) of Section 279 and his lease shall also be liable to be determined. (4) Upon the expiry of the period of lease the holding shall be restored to the tenure-holder concerned free of any claim on the part of; the State Government for any arrear of revenue in respect thereof. (5) If the Collector is satisfied that no suitable person is forthcoming to take the land on lease under sub-section (2), then notwithstanding anything contained in this Act, he may sell the holding free from all encumbrances in such manner as may be prescribed and appropriate the proceeds in satisfaction of the arrears, and refund the excess, if any, to the defaulter. (6) The Collector shall report to the Board of Revenue any sale made under sub-section (5). 284A. Ejectment Of Persons Occupying The Attached Land Without Title :- A n y 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. 285. Omitted By U. P. Act No. 12 Of 1965 :- 286. Power To Proceed Against Interest Of Defaulter In Other Immovable Property :- (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 uner this section from any immovable property of the defaulter including any holding of which he is a bhumidhar, or asami. 286A. Appointment Of Receiver :- (1) Notwithstanding anything contained 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 profits, thereof, the application and disposal of such rents and profits, and the execution of documents, as the defaulter himself has or such of those powers as the Collector thinks fit. (2) Nothing in this section shall authorise the Collector to remove from the possession or custody of property any person whom the defaulter has not at present right to remove. (3) The Collector may from time to time extend the duration of appointment of the receiver. (3-A) No order under sub-section (1) or sub-section (3) shall be made except after giving notice to the defaulter to show cause, and after considering any representations that may be received by the Collector in response to such notice : Provided that an interim order under sub-section (1) or sub-section (3) may be made at any time before or after the issue of such notice : Provided further that where an interim order is made before the issue of such notice the order shall stand vacated if no notice is issued within two weeks from the date of the interim order. (4) The provisions of Rules 2 to 4 of Order XL, contained in the First Schedule to the Code of Civil Procedure, 1908, shall apply in relation to a receiver appointed under this section as they apply in. relation to a receiver appointed under the said Code with the substitution of references to the Collector for references to the Court. 287. Recovery Of Arrears Paid By A Person Appointed Under Section 275 :- 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 which an order has been passed under this section. No appeal shall lie against the order of the Collector under this section, but nothing contained therein and no order passed under this section, shall debar the tenure-holder from maintaining a suit for arrears of land revenue. 287A. Payment Under Protest And Suit For Recovery :- (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 this behalf. 288. Provisions Applied To Arrears Due At The Commencement Of Act :- 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. 289. Omitted :- 290. Omitted :- 291. [Omitted By U. P. Act No. 12 Of 1965]. :- 292. Payment Of Rent Or Other Dues In Respect Of Attached Land :- 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. 293. Provisions Of Act Iii Of 1901 Applied To Applications And Proceedings Under This Chapter :- 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. 294. Power To Make Rules :- (1) The State Government may make rules for the purpose of carrying into effect the provisions of this Chapter. (2) Without prejudice to the generality of foregoing power such rules may provide for- (a) 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 247- A, 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 objections may be made against any omission from or against the particulars entered in such list, and the manner in which and the authority by which such objections shall be disposed of, and matters relating to the determination of shares under sub-section (2) of the said section; (aaa) Omitted by U. P. Act No. 8 of 1975.[***]; (b) the manner of filing objections under Section 265; (c) Omitted by U. P. Act No. 35 of 1976.[***]; (d) the manner and arrangements under Section 275 for collection of land revenue; (e) the procedure for the collection of land revenue by the Land Management Committee under Section 276; (ee) the costs to be recovered in respect of the processes mentioned in sub-section (1) of Section 279 ; (f) the procedure for attachment, transfer and sale of immovable property under Section 279 ; (g) the manner in which the Land Management Committee shall exercise powers under Section 283 ; (h) the guidance generally of officers in connection with the discharge of their duties under this chapter; and (i) the matters which are to be and may be prescribed. CHAPTER 11 CO-OPERATIVE FARMS 295. Section 295 :- 295 to 318. [Repealed by U. P. Act 11 of 1966]. 296. Section 296 :- 297. Section 297 :- 298. Section 298 :- 299. Section 299 :- 300. Section 300 :- 301. Section 301 :- 302. Section 302 :- 303. Section 303 :- 304. Section 304 :- 305. Section 305 :- 306. Section 306 :- 307. Section 307 :- 308. Section 308 :- 309. Section 309 :- 310. Section 310 :- 311. Section 311 :- 312. Section 312 :- 313. Section 313 :- 314. Section 314 :- 315. Section 315 :- 316. Section 316 :- 317. Section 317 :- 318. Section 318 :- CHAPTER 12 MISCELLANEOUS 319. Appointment Of Officers And Authorities For This Act :- 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. 320. Powers And Duties :- (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. 321. Delegation Of Powers :- 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. 322. Powers To Enforce Attendance Of Witnesses And In Certain Other Matters :- 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 witnesses 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 production of document. 323. Powers To Require Production Of Documents, Etc :- (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 so within the meaning of Sections 175 and 176 of the Indian Penal Code (XLV of 1860). 324. Powers To Enter Upon Land And To Make Survey, Etc :- 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. 325. Proceedings Before The Compensation Officer And The Rehabilitation Grants Officer To Be A Judicial Proceeding :- A groceeding before a Compensation Officer or Rehabilitation Grants fficer 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). 326. Costs :- Any order for the payment of costs made by a Compensation Officer or a Rehabilitation Grants Officer under this Act may oe 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. 327. Mode Of Service Of Notice :- 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). 328. Right To Inspection And Copies Of Documents, Statements And Registers :- 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. 329. Transfer Of Proceedings :- (1) On the application of any of the parties and after notice to the other parties and after hearing 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. 330. Bar To Jurisdiction Of Civil Courts In Certain Matters :- 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 I 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. 331. Cognizance Of Suits Etc. Under This Act :- (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 of 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 action is one in respect of which relief may be granted by the revenue Court, it is immaterial that the relief asked for from the civil Court may not be incidental to that which the revenue Court would have granted. (1-A) Notwithstanding anything in sub-section (1), an objection, that a Court mentioned in Column 4 of Schedule II, or, as the case may be, a civil Court, which had no jurisdiction with respect to the suit, application or proceeding, exercised jurisdiction with respect thereto shall not be entertained by any appellate or revisional Court unless the objection was taken in the Court of first instance at the earliest possible opportunity and in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice. (2) Except as hereinafter provided no appeal shall lie from an order or decree passed under any of the proceedings mentioned in column 3 or the Schedule aforesaid. (3) An appeal shall lie from any decree or from an order passed under Section 47 or an order of the nature mentioned in Section 104 of the Code of Civil Procedure, 1908 (V of 1908) or in Order XLI1I, Rule 1 of the First Schedule to that Code passed by a Court mentioned in column No. 4 of Schedule II to this Act in proceedings mentioned in column No. 3 thereof, to the Court or authority mentioned in column No. 5 thereof. (4) A second appeal shall lie on any of the grounds specified in Section 100 of the Code of Civil Procedure, 1908 (V of 1908), from the final order or decree, passed in an appeal under sub-section (3), to the authority, if any, mentioned against it in column 6 of the Schedule aforesaid. SHORT NOTES Concurrent findings not to be interfered with.-It is evident that the two Courts were of consistent view that the revenue records clearly establish the right and possession of the defendants and unless and until the plaintiffs right or even possession is not established, injunction could not be granted, therefore these questions could be adjudicated only in a suit for declaration. In fact the injunction was only ancillary relief which could only be granted by a Revenue Court.-Tulsi v. Doodhnath and others, 2008 (104) RD 3. 331A. Procedure When Plea Of Land Being Used For Agricultural Purposes Is Raised In Any Suit :- (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. ( 2 ) The Assistant Collector In-charge of the sub-division after reframing the issue, if necessary, shall proceed to decide such issue in the manner laid down for the making of a declaration under Section 143 or 144, as the case may be, and return the record together with his finding thereon to the Court which referred the issue. (3) The Court shall then proceed to decide the suit accepting the finding of the Assistant Collector In-charge of the sub-division on the issue referred to it. (4) The finding of the Assistant Collector In-charge of the sub- division on the issue referred to it shall, for the purposes of appeal, be deemed to be part of the finding of the Court which referred the issue. 332. Omitted :- Omitted by U. P. Act No. 37 of 1958]. 332A. [Omitted By U. P. Act No. 37 Of 1958] :- 332B. [Omitted By U. P. Act No. 37 Of 1958] :- Substituted by U.P. Act No. 20 of 1997. 333. Power To Call For Cases :- (1) The Board or the Commissioner or the Additional Commissioner may call for the record of any suit or proceeding Inserted by U.P. Act No. 11 of 2002 (w.e.f. 20-7-2002).[other man proceeding under sub-section (4-A) of Section 198] decided by any Court subordinate to him in which no 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 the case may be, may pass such order in the case as he thinks fit.] (2) If an application under this section has been moved by any person either to the Board or to the Commissioner or to the Additional Commissioner, no further application by the same person shall be entertained by any other of them.] SHORT NOTES Section 229-D, revisable under the provision.-An order passed under Section 229-D is not excluded from the revisional jurisdiction provided under Section 333.-Talib Khan v. Addl. Commissioner, Moradabad, 2008 (104) RD 458. 333A. Omitted By U,P. Act No. 20 Of 1997 :- 334. Protection Of Action Taken Under This Act :- (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 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. 335. Discharge Of Liability Of Tjhe State Government :- T h e 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. 336. No Right Of Pre-Emption In The Area To Which This Act Applies :- (1) Notwithstanding anything contained in any law, custom, usage 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 the 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 shall be in the discretion of the Court. 337. Computation Of The Area Fixed In Certain Districts :- For the purposes of computing the area fixed under any of the provisions of this Act, l| acres shall count as 1 acre in the following areas : (a) Bundelkhand; (aa) [Omitted by U. P. Act No. 35 of 1970]; (b ) trans-Jamuna portions of the Allahabad, Etawah, Agra and Mathura Districts; (c) the portion of the Mirzapur District south of Kaimur Range ; (d) lappa 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 Schedule VI in hilly pattis of parganas Ahraura and Bhagwat of Tahsil Chunar of district Mirzapur. 338. Amendment And Adaptation Of Other Enactments By An Order Under This Act :- (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 proyisions 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. 339. Repeals :- 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, 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 with the provisions of the United Provinces Tenancy Act, 1939, the same may be made, taken or done as if it has not been repealed by this Act. 340. Amendment Of U. P. Agricultural Tenants (Acquisition Of Privileges) Act, 1949 :- (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, the provisions of the said Act shall, notwithstanding anything contained therein, be so read and construed as if the amendments 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 lime during the continuance of the said Act, shall be good and valid in law as if the said Act, as amended by subsection (1) had been in force at all material dates. 341. Application Of Certain Acts To The Proceedings Of This Act :- Unless otherwise expressly provided by or under this Act, the provisions of the Indian Court Fees Act, 1870, the Code of Civil Procedure, 1908, and the Limitation Act, 1963, including Section 5 thereof shall apply to the proceedings under this Act. SHORT NOTES Section 6 of the Limitation Act is expressly applicable to the proceedings under this Act. Section 6 engrafts an enabling provision to a minor to institute a proceeding by way of filing a suit or by making an application after he ceases to be a minor within the time prescribed to any other person who is not a minor.-Azab Singh v. Antram and others, 2009 (107) RD 1. 342. Power To Remove Difficulties :- (1) Whereas difficulties may arise in relation to the transition from the provisions of the United Provinces Land Revenue Act, 1901 or the United Provinces Tenancy Act, 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, the United Provinces Tenancy Act, 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 so specified ; (b) make such other temporary provisions for the purpose of removing any such difficulties as aforesaid as may be specified in the order. (2) No order shall be made under this section in respect of any area after the expiration of two years from the date of the notification under Section 4 in respect of such area. (3) An order made under this section shall be laid before both Houses of the State Legislature as soon as may be after it is made. 343. State Government To Be Party In The Proceedings Under Chapters Iii To V :- (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. 343A. State Government To Be A Party In Suits By Or Against The Gaon Sabha Or Local Authority :- 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. 344. Rules In General :- (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 presented under this Act, in cases for which no specific provision in that behalf has been made therein ; (e) the fees to be paid/in respect of suits, appeals and applications under this Act, in cases for which no specific provision in that behalf ha6 been made therein ; (f) the application of the provisions of the Indian Limitation Act, 1908 (X of 1908), to suits, applications, appeals and proceedings under this Act; SCHEDULE 1 SCHEDULE I (Section 98) SI.No. Land revenue assessed or deemed to be assessed on all the estates of the intermediary in the areas to which this Act applies Multiple for purposes of Section 98 1. Up to Rs. 25 20 2. Exceeding Rs. 25 but not Rs. 50 17 3. Exceeding Rs. 50 but not Rs. 100 14 4. Exceeding Rs. 100 but not Rs. 250 11 5. Exceeding Rs. 250 but not Rs. 500 8 6. Exceeding Rs. 500 but not Rs. 2,000 5 7. Exceeding Rs. 2,000 but not Rs. 3,500 3 8. Exceeding Rs. 3,500 but not Rs. 5,000 2 9. Exceeding Rs. 5,000 but not Rs. 10,000 1 SCHEDULE 2 SCHEDULE II (Section 331) Sl.No. Section Description of proceedings Court of original jurisdiction First appeal Court of Second appeal 1. 12 Application for recovery of possession Assistant Collector 1st Class Commissioner Board 2. 13 Thekedars application for the grant of land or extension in the period of cultivation. Collector Commissioner Board 3. 14 Application to deposit money by mortgagee. Assistant Collector 1st Class Commissioner Board 4. 33 Proceedings for correction of records of rights Assistant Collector 1st Class Commissioner Board 5. 117 Application for payment of compensation on account of development Assistant Collector Incharge of the sub- division Commissioner Board 7. 137 Application for cancellation of certificate Assistant Collector Commissioner Board 9. 140 Application for the refund Assistant Collector Commissioner Board Application for the 10. 140-A refund of 1/3 of the deposit to landholder. Assistant Collector Commissioner Board 11. 143and 144 Application for declaration Assistant Collector Incharge of sub-division Collector Omitted 12. 157(2) Application for determination of the share of the lessor and partition. Assistant Collector 1st Class Commissioner Board 13. 161 Application for permission to make exchange. Assistant Collector, 1st Class Commissioner Board 14. 163 Application for declaration of any transfer to be void. Assistant Collector, 1st Class Commissioner Board 15. 167 Suit for the ejectment of a read transferee of a Bhumidhar with 201 or 202 (a) with non- transferable rights or asami Assistant Collector, 1st Class Commissioner Board 16. 176 suit for the division of a holding of a bhumidhar Omitted bv U.P. Art No 8 nf 1Q77[***] Assistant Collector, 1st Class Commissioner Board 17. 183, 184 Application for surrender Tahsildar Commissioner Board 18. 186 Application for service of notice in respect of abandoned holding. Tahsildar Commissioner Board 19. 191 read with 202(a) Suit for ejectment of asami Assistant Collector, 1st Class Commissioner Board 20. [***] 20-A. [***] 21. 202(b) to(h) Suits for ejectment of asami. Assistant Collector, 1st Class Commissioner Board 22. 206 read with 201 or 202 (a) bhumidhar with nontransferable rights or asami. Assistant Collector, 1st Class Commissioner Board Suit for injunction 23. 208 or for Assistant Commissioner Board 24. 209 repair of the waste or damage. Suit for ejectment of Collector, 1st Class Assistant Commissioner Board 26. 212 Suit for ejectment of persons from land" of Collector Commissioner Board 27. 212-B public utility Suit for possession of the land or for compensation for wrongful dispossession Assistant Collector, 1st Class Commissioner Board 28. 213 Objection against the fixation of rent by Gaon Sabha. Tahsildar Commissioner Board 29. 215 Suit for determination of rent and for arrears Tahsildar Commissioner Board 30. 218 Suit for commutation of rent. Assistant Collector incharge of Sub-Division Commissioner Board 31. 220 Application for recovery of arrears of rent and ejectment. Tahsildar Commissioner Board 32. 222(5) Suit for recovery of arrears of rent. Assistant Collector, 1st Class Commissioner Board 33. 227 Suit for recovery of canal dues. Tahsildar Commissioner Board 34. 229 229-B, 229-C Suit for declaration of rights. Assistant Collector, 1st Class Commissioner Board 35. 232 Application for restoration of , possession by an adhivasi to whom clause (b) of Section 20 is applicable. Assistant Collector, Incharge of sub-division Commissioner Board 36. 233 Application for determination of rent of adhivasi Assistant Collector, 1st Class Commissioner Board 37. 233-A Application for commutation of rent. Assistant Collector Commissioner Board 38. 234 Suit for ejectment of adhivasi Assistant Collector Commissioner Board Suit by a 39. 244 bhumidhar or sirdar for reimbursement of land revenue Assistant Collector 1st Class Commissioner Board 42. 250, 251 Application for reduction or variation of land revenue. Assistant Collector, Incharge of sub-division Commissioner Board 43. 284-A Suit for ejectment of persons occupying attached land without title and for damages. Assistant Collector, 1st Class Commissioner Board SCHEDULE 3 SCHEDULE III (Section 339) List I Serial No. Name of the enactment 1. The Benaras Permanent Settlement Regulation, 1795 (No. I of 1795). 2. The Benaras Family Domains Regulation, 1795 (No. XV of 1795). 3. The Benares Permanent Settlement (Supplemental) Regulation, 1795 (No. XXVII of 1795). 4. The Benaras Inheritance Regulation, 1795 (No. XLV of 1795). I n clause (w) (i), words "not connected with settlements" shall be deleted. In clause (w) (ii) the words "or settlement" shall be deleted. In clause (x) (i), the words "not connected with settlement" shall be deleted. In clause (x) (ii), the words "or settlement" shall be deleted. SCHEDULE 4 SCHEDULE IV (Section 340) Amendment in the United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949 Section Extent of amendment For sub-section (1), the following shall be substituted : (1) Whoever being- (a) a tenant holding on special terms in Avadh, (b) an ex-proprietary tenant, (c) an occupancy tenant, (d) a hereditary tenant, or (e) an occupier, (f) a sub-tenant referred to in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939, of land (other than land specified in the Schedule) pays to the credit of the State Government an amount equal to- (i) where it is paid in a lump sum, ten times, and (ii) where it is paid in instalments as laid down in sub- section (4), twelve times, the annual rent payable or deemed to be payable by him in respect of the holding shall, on an application made by him in that behalf to the Assistant Collector, be entitled to a declaration with effect from the date on which the amount of the first instalment, as the cass may be, has been deposited, that he has become entitled to the privileges provided by or under this Act. 2. In Explanation II under sub-section (1)- In the definition of the word "occupier"- (i) between the words "occupier" and "of" the words "recorded in the record of rights for 1356 Fasli" shall be inserted. (ii) the words "or which is not sir or khudkasht" shall be deleted and after the word "mortgage" at the end the following shall be added: "or which is not sir or khudkasht of a landlord, who on the said date is assessed in Uttar Pradesh to a land revenue of Rs. 250 or less annually or where no land revenue is assessed to a lesser amount of local rate than would be payable on land revenue of Rs. 250 annually." After sub-section (2) the following shall be added as sub- sections (3) and (4): "(3) It shall be sufficient for the purposes of sub-section (1) if the applicant instead of paying the amount in cash makes an application to the Assistant Collector stating that the amount of any bond issued in favour of the applicant as balance of price of sugarcane supplied by him to a sugar factory may be treated as deposit of the amount referred to in sub-section (I)-" "(4) In cases to which clause (ii) of sub- section (1) applies, the applicant may, if the application is made- (a) before the first day of March, 1951, pay the amount in four equal instalments, that is to say- First instalment...... Along with the application. Second instalment ... June 30,1951. Third instalment ... February 28,1952. Fourth instalment ... June30,1952. (b) Before the first day of July, 1951, but after the last day of February, 1951, pay the amount in three equal instalments, that is to say,- First instalment...... Along with the application. Second instalment ... February 28,1952. Third instalment ... June 30,1952. (c) Before the first day of March, 1952, but after the last day of June, 1951, pay the amount in two equal instalments, that is to say,- First instalment...... Alongwith the application. Second instalment ... June 30,1952 : Provided that the Assistant Collector may on the application of the applicant extend the date fixed for the payment of the second and subsequent instalments so however that the date so extended shall not be later than the 30th day of June, 1952." 4. (1) The existing Section 7 shall be renumbered as sub- section (1) of section and after clause (b) thereof the following shall be added as clause (c): "(c) The applicant shall, except as hereinafter excepted, be entitled, notwithstanding anything contained in the U. P. Tenancy Act, 1939, or any contract to bequeath by will or transfer by way of sale, simple mortgage or gift his interest in the holding or his share therein. Exception.-In cases falling under clause (ii) of sub-section (1) of Section 3 the privilege conferred by this clause shall not accrue until all the instalments have been paid in accordance with said section." 5. 7 (2) After sub-section (1) of Section 7, the following shall be added as sub- section (2): "(2) The principles contained in the provison to sub- section (1) shall apply in respect of any instalments falling due on or after January 1, 1950, subject to such alterations, modifications or adaptations as the State Government may notify." 6. 7-B After Section 7-A, the following shall be added as a new Section 7-B : "7-B. Where any person has, whether before or after the date of grant of declaration under Section 7, paid to his land-holder on account of rent of the land in respect of which the declaration has been granted an amount in excess of the amount which he was liable to pay under clause (b) of the said section he may apply to the Assistant Collector for the recovery of the excess amount." 7. 12-A After Section 12 the following shall be added as new Sections "12-A and 12- B" : "12-A. Where an area has ceased to be part of Uttar Pradesh in pursuance of the Provinces and States (Absorption of Enclaves) Order, 1950, and a declaration under Section 6 had before the date of the commencement of the said Order been granted to a person in respect of the area or portion thereof the declaration shall with effect from the said date be deemed to have been cancelled and the provisions of sub-section (2) of Section 12 shall apply thereto as if it had been cancelled under sub-section (1) of the said section." 8 . 12-B "12-B. Where a declaration under Section 6 has been granted on an application made under clause (ii) of sub-section (1) of Section 3 and the applicant has failed to pay any instalments on or before the due date or the date extended under the proviso to sub- section (4) of Section 3, the declaration shall with effect from the date of default stand cancelled and the provisions of sub-section (2) of Section 12 shall apply as if the declaration had been cancelled under sub-section (1) thereof and the following further proviso had been added : Provided that an amount equal to 5 per cent of the amount of deposit shall be deducted as incidental charges." SCHEDULE 5 SCHEDULE V (Section 26-B) Amendments of the Act in its Application to Evacuee Property 1. Where any land was recorded as khudkasht of an evacuee at the time the evacuee migrated to Pakistan, such land shall notwithstanding that the evacuee may not have continued subsequently to cultivate it be deemed for purposes of Chapter II to have been the khudkasht of the evacuee on the date immediately preceding the date of vesting. 2. (1) A person who has been deemed to be a hereditary tenant under Section 16 in respect of any land which is evacuee property shall before the 31st day of December, 1957, or such further date as the State Government may from time to time by notification in the official Gazette specify in this behalf pay to the Custodian- (a) where he has become a bhumidhar of the land an amount equal to 5 times the rent of such land determined in accordance with the said section; and (b) where he has not become a bhumidhar, an amount equal to 15 times the rent so determined. (2) The amount paid under sub-para (1) shall be credited by the Custodian to the account of the evacuee concerned. (3) Where the person liable to pay the amount under sub-para (1) pays the same within the period allowed therefor, he shall become a bhumidhar of the land liable to pay land revenue equal to one-half of the land revenue payable by him under Section 246. (4) If the person liable to pay the amount under sub-para (1) fails to pay the amount aforesaid within the period allowed therefor, he shall forfeit all his rights, title and interest in the land of which he was so deemed to be a hereditary tenant and the provision of Chapter II of the Zamindari Abolition and Land Reforms Act, 1950, shall and be deemed always to have had effect in respect of such land as if Section 16 had never been enacted. (3) The decision of the Custodian shall be conclusive subject to the provision of appeals, reviews and revisions contained in the Administration of Evacuee Property Act, 1950. The provisions of sub-sections (2) and (4) of Section 332-B shall thereafter apply as if for the word "Collector" the word "Custodian" had been substituted therein. 7. In the case of holding held jointly by twoor more sirdars any one or more of them who may be allottees from the Custodian under the Administration of Evacuee Property Act, 1950 may transfer the whole of his or their interest in favour of anyone or more of the remaining co-tenure-holders. 8. Notwithstanding anything contained in Section 153, the Custodian or Central Government may transfer, by sale or otherwise, the interest of a sirdar in the land vested in them under the Administration of Evacuee Property Act, 1950 or the Displaced Persons (Compensation and Rehabilitation) Act, 1954: Provided that no such transfer shall be made for so long as any person is entitled to acquire bhurrudhari rights in such land under the provisions of Paragraphs 2,4,4-A or 4-B. SCHEDULE 6 SCHEDULE VI (See Section 337) List "A" List of villages ofpargana Ahraura 1. Amidih 2. Baghor 3. Baghri 4. Bantara 5. Bat 6. Bhawanipur 7. Dhotwa 8. Ghurahi 9. Khamahria 10. Khan Arzampur 11. Kutlupur 12. Lohra 13. Maddhupur 14. Majhui 15. Mubarakpur 16. Nagnar Haraiya 17. Parahi 18. Sukrut 19. Takia List "B" List of villages ofpargana Bhagwat 1. Ban Imlis 2. Jargal Mahal 3. Semra Barho 4. Khatkharia 5. Koharadih 6. Talar 7. Chit Bisram 8. Padarwa 9. Hinauta 10. Nibia 11. Rampur Barho. 12. Sonbarsa 13. Bisumpura 14. Khamhria 15. Purainia 16. Nikerika 17. Dhansiria 18. Garhwa SCHEDULE 7 SCHEDULE VII [See proviso to clause (8) of Section 3] (1) The area known as Pargana Agori in district Mirzapur bounded in the north by the Kaimur Range confining with the villages Padaunian (also known as Parhwanian), Chingauri Guraul (also known as Gurwas), Karaundia, Barauli, Dumkhari, Khirhata, Gadman Khajraul (also known as Khajuraul), Dugauli, Baragaon, Jarauli, Jurauli, Kulani, Rajpur, Rajpura, Senduri Raghunathpur, Bahuwar, Basauli, Bhaguwari, Lodhi, Raunp Musahi Churk and Urauli (also known as Arauli) of Pargana Barhar and villages Biranchuwa, Makri Bari, Pokhraundh, Lauwa Cherau, Baghma Markundi of Pargana Bijaigarh of district Mirzapur as far as the western boundary of village Sasnai of Pargana Bijaigarh which then forms the boundary between Parganas Agori and Bijatgarh up to the point opposite the junction of the rivers Kanhar and Son and thence onward the River Son forms its northern boundary- in the east and south-east by the territory of the State of Bihar; in the south by Tehsil Dudai of District Mirzapur; in the south-west and west by the territory of Madhya Pradesh (erstwhile Rewa State); but excluding village Kishnu Chak, which is a separate estate within Pargana Agori and is bounded on the north, east and south by village Kon Khas and in the west by village Mohiuddinpur of district Mirzapur. (2) The area known as Tappa Argurh in Pargana Bijaigarh, district Mirzapur, bounded in the north by Kaimur Range confining with the village Markundi, Cherui, Palhari, Kodai, Garwan, Baijnath Rampur, Sona Sathari, Panaua, Chichlik Khoraila and Baraila of Pargana Bijaigarh- in the east by the territory of the State of Bihar, in the south by the river Son, in the west by the village Kandhaura (also known as Kanhaura) of Pargana Agori, district Mirzapur."