LexThe UTTAR PRADESH NAGAR KSHETTRA RIN VIDHI PRAVRITTI ADHINIYAM, 1962
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UTTAR PRADESH NAGAR KSHETTRA RIN VIDHI PRAVRITTI
ADHINIYAM, 19621
[ U. P. ACT No. XIX of 1962 ]
[Passed in Hindi by the Uttar Prad esh Legislative Assembly
on September 10, 1962 and by the Uttar Pradesh Legislative
Council on September 27, 1962.
Received the assent of the President on November 26, 1962
under Article 201 of the Constitution of India and was published in
the Uttar Pradesh Gazette, Extraordinary , dated December 3,
1962.]
(Authoritative English text of the Uttar Pradesh Nagar Kshettra Rin Vidhi
Pravritti Adhiniyam, 1962)
AN
ACT
U. P. Act no.
IX of 1957.
to provide for scaling down of debts of intermediaries whose
agricultural areas have been acquired under the Uttar Pradesh Urban
Areas Zamindari Abolition and Land Reforms Act, 1956, by applying the
provisions of certain Acts with necessary modifications and for purposes
connected thereto.
IT is hereby enacted in the Thirteenth Year of the Republic of
India as follows :
Short title 1. This Act may be called the Uttar Pradesh Nagar Kshettra Rin
Vidhi Pravritti Adhiniyam, 1962.
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
2. The provisions of the U. P. Encumbered Estates Act, 1934 and
the Uttar Pradesh Zamindar’s Debt Reduction Act, 1952, shall, with
effect from the date of vesting, apply in relation to urban areas with the
modifications mentioned respectively in Schedules I and II as if this Act
had been in force on all material dates.
U. P. Act no.
IX of 1957.
Explanation:— For the purposes of this section the expressions
‘urban areas’ and ‘date of vesting’ shall have the meaning assigned to
them in the Uttar Pradesh Urban Areas Zamindari Abolition and Land
Reforms Act, 1956.
Savings.
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
3. Where any provision of the U. P. Encumbered Estates Act,
1934 or the U. P. Zamindars’ Debt Reduction Act, 1952, has been
repealed, altered or amended by this Act, then, unless a different
intention appears, the repeal, alteration or amendment shall not —
(a) revive anything not in force or existing at the time at which
the repeal, alteration or amendment takes effect,
(b) affect the previous operation of any provision so repealed,
altered, or amended or anything duly done or suffered thereunder,
——————————————————————————————————————————
1. For Statement of Objects and Reasons, please see U. P. Gazette Extra ordinary, dated September 3, 1962.
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
(c) affect any right, title, privilege, obligation or liability acqu ired,
accrued or incurred under any provision so repealed, altered or
amended, or
(d) affect any remedy or any investigation or legal proceedings
commenced before this Act shall have come into operation in respect of
any such right, title, privilege, obligation or liability as aforesaid ;
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
and any such remedy may be enforced and any such investigation of
legal proceedings may be continued and concluded in accordance with
the provisions of the U. P. Encumbered Estates Act, 1934 or the U. P.
Zamindars’ Debt Reduction Act, 1952, as the case may be, as amended
by this Act.
Settlement of
doubts.
U. P. Act no.
XXV of 1934.
4. For the settlement of doubts, it is hereby declared that the
repeal ro amendment of any provision of the U. P. Encumbered Estates
Act, 1934, by this Act shall not affect ;
U. P. Act no.
IX of 1957.
U. P. Act no.
XXV of 1934.
U. P. Act no.
XIII of 1953.
(a) subject to the provisions of section 10 of the U. P. Urban
Areas Zamindari Abolition and Land Reforms Act, 1956, the continued
operation of any mortgage granted under section 25 of the U. P.
Encumbered Estates Act, 1934, deleted by the U. P. Encumbered
Estates (Amendment) Act, 1954, where possession over the mortgaged
property was delivered to the mortgage ;
U. P. Act no.
XXV of 1934.
U. P. Act no.
XIII of 1954.
U. P. Act no.
XXV of 1934.
(b) the liability of the debtor for the payment of any installment
ordered to be paid by him in accordance with section 27 or 28 of the U.
P. Encumbered Estates Act, 1934, deleted by the U. P. Encumbered
Estates (Amendment) Act, 1954, or the right of State Government to
recover such installments or any part thereof as arrears of land revenue
under section 29 of the U. P. Encumbered Estates Act, 1934 ;
U. P. Act no.
XXV of 1934.
U. P. Act no.
XIII of 1954.
U. P. Act no.
XXV of 1954.
(c) the operation of any order for the issue of bonds already made
under section 30 or 31, of the U. P. Encumbered Estates Act, 1934,
deleted by the U. P. Encumbered Estates (Amendment) Act, 1954, or the
continued validity of any bonds already issued under the U. P.
Encumbered Estates Act, 1934 ;
U. P. Act no.
XXV of 1934.
U. P. Act no.
XIII of 1954.
(d) the transfer or sale of proprietary rights in land made under
sections 31, 33 and 34 of the U. P. Encumbered Estates Act, 1934,
deleted by the U. P. Encumbered Estates (Amendment) Act, 1954 ;
U. P. Act no.
XXV of 1934.
(e) the operation of any order for the transfer or sale of
proprietary rights in land made under sections 31, 33 and 34 of the U.
P. Encumbered Estates Act, 1934, where possession over the proprietary
rights was also delivered to the transferee or, as the case may be, to the
purchaser in pursuance thereof ;
U. P. Act no.
XXV of 1934.
U. P. Act no.
V of 1917.
U. P. Act no.
VII of 1920
(f) the charges created under section 40 of the U. P. Encumbered
Estates Act, 1934, notwithstanding anything in the Oudh Settled
Estates Act, 1917 or the U. P. Estates Act, 1920, on the death of the
debtor after the date of the application under section 4 of the U. P.
Encumbered Estates Act, 1934.
U. P. Act no.
XXV of 1934.
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
Power of
court and
other
authority for
adaptation.
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
5. For the purposes of facilitating the application of the U. P.
Encumbered Estates Act, 1934 and the U. P. Zamindars’ Debt
Reduction Act, 1952, a amended by this Act to any pending proceedings
or investigations or enforcement of any right, privilege, obligation or
liability acquired, accrued or incurred under the aforesaid Acts prior to
their amendment by this Act, any court or authority may construe the
provisions of the U. P. Encumbered Estates Act, 1934 and the U. P.
Zamindars’ Debt Reduction Act, 1952, as the case may be, as amended
by this Act, with such alteration or modification, not affecting the
substance, as may be necessary or proper to adapt it to the matter
before the court or the authority as the case may be.
Power to
remove
difficulties.
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
6. The State Government may, for the purposes of removing any
difficulty, in relation to the transition from the provisions of the U. P.
Encumbered Estates Act, 1934 or the U. P. Zamindars’ Debt Reduction
Act, 1952, to the provisions of that Act as amended by this Act, by
order—
U. P. Act no.
XXV of 1934.
U. P. Act no.
XV of 1953.
(a) direct that the U. P. Encumbered Estates Act, 1934 or the
U. P. Zamindars’ Debt Reduction Act, 1952, as the case may be, as
amended by this Act, shall, during the period of two years next after the
commencement of this Act, have effect subject to such adaptation,
whether by way of modification, addition, or omission, as it may deem to
be necessary or expedient ; and
(b) make such other temporary provisions, as may be specified
therein.
SCHEDULE I
(SECTION 2)
The U. P. Encumbered estates Act, 1934 (U. P. Act no. XXV of
1934) as amended by the U. P. Encumbered Estates (Amendment) Act,
1954 (U.P. Act no. XIII of 1954).`
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Extent of modification or amendmentSerial
no.
———————————————————————————————————
1 In section 2 (a) in clauses (n) and (o) —
(i) for the words, letters, and figures, “U. P. Act I of 1951” in
the margin, the words, letters and figures “U. P. Act no. IX of
1957” shall be substituted ;
(ii) for the words “rehabilitation grant”, the word “annuity”
shall be substituted ; and
(iii) for the words and figures “Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950” the words and figures
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
“Uttar Pradesh Urban Areas Zamindari Abolition and Land
Reforms Act, 1956” shall be substituted ;
(b) in clause (o), the comma, words and figure, “and includes in
the case of compensation, interim compensation payable under
section 29 of the said Act” shall be deleted ; and
(c) after clause (o), the following shall be added as a new
clause (p) ;
“(p) the expressions ‘agricultural area’, ‘date of vesting’ and
‘urban area ’ shall have the meaning assigned to them in the
Uttar Pradesh Urban Areas Zamindari Abolition and Land
Reforms Act, 1956.”
2 In section 9 -A in sub -section (4), for the words and figures “estates
under the U. P. Zamindari Abolition and Land Reforms Act,
1950”, the words and figures “agricultural areas under the
U. P. Urban Areas Zamindari Abolition and Land Reforms Act,
1956” shall be substituted.
3 In section 14 in sub-section (7) —
(i) between the figure “1952” and the comma occurring
thereafter, wherever occurring, the commas, words and figure
“as amended by the Uttar Pradesh Nagar Kshettra Rin Vidhi
Pravritti Adhiniyam, 1962” shall be inserted ; and
(ii) for the words “rehabilitation grant” the word “annuity” shall
be substituted.
4 In section 15 after the figure “1952” the words, figure and comma
“as amended by the Uttar Pradesh Nagar Kshettra Rin Vidhi
Pravritti Adhiniyam , 1962” shall be inserted.
5 In section 16 in clause (3 -A) for the words “rehabilitation grant” the
word “annuity” shall be substituted.
6 In section 18 in the proviso —
(i) between the figure “1952” and the comma occurring
thereafter, the commas, words and figure, “as amended by the
Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam,
1962” shall be inserted ; and
(ii) for the words “rehabilitation grant” the word “annuity” shall
be substituted.
7 In section 19 in sub -section (2), for the words, “rehabilitation grant”
and the word “estate” the word “annuity” and the words
“agricultural area” shall respectively be substituted.
8 In section 19 -A (a) for the words, comma and figure “U. P.
Encumbered Estates (Amendment) Act, 1954” the words,
comma and figure “Uttar Pradesh Nagar Kshettra Rin Vidhi
Pravritti Adhiniyam, 1962” shall be substituted ;
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
(b) between the figure “1952” and the word “applies”, the
commas, figures and words, “as amended by the Uttar Pradesh
Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1 962” shall be
inserted ;
(c) for the words “said Act”, the words “Act last aforesaid” shall be
substituted ; and
(d) for the words “rehabilitation grant” and the word “estate”, the
word “annuity” and the words “agricultural area” shall
respectively be substituted.
9 In section 23-A (a) for the words, “rehabilitation grant”, occurring in
the margin and the section, the word “annuity” shall be
substituted ;
(b) the words “and Rehabilitation Grants Officer as may be
necessary” shall be deleted ; and
(c) for the comma, words and figures “section 70 of the U. P.
Zamindari Abolition and Land Reforms Act, 1950” the comma,
words and figures “section 55 of the Uttar Pradesh Urban Areas
Zamindari Abolition and Land Reforms Act, 1956” shall be
substituted ;
10 In section 23 -B (a) for the words, “rehabilitation grant” wherever
occurring, including the margin, the word “annuity” shall be
substituted ; and
(b) between the figure “1952” and the comma occurring
thereafter, the commas, figure and words , “as amended by the
Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam,
1962” shall be inserted ;
11 In section 24 the words, figures and commas “but including
proprietary rights in land in the areas which on the 7th day of
July, 1949, were included in a Municipality or a Notified Area
under the provisions of the U. P. Municipalities Act, 1916, or a
Cantonment under the provisions of the Cantonments Act, 1924,
or a Town Area under the provisions of U. P. Town Areas Act,
1914”, shall be deleted.
12 In section 48 for the w ords and figures “section 23, or section 24,
section 23- B or section 24” the comma, words and figures
“section 23, section 23-B or section 24” shall be substituted.
——————
SCHEDULE II
(SECTION 2)
The Uttar Pradesh Zami ndar’s Debt Reduction Act, 1952 (U. P.
Act No. XV of 1953)
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
———————————————————————————————————
Extent of modification or amendmentSerial
no.
———————————————————————————————————
1. In the long title and preamble —
(a) for the words, letters, and figures, “U. P. Act I of 1951”
wherever occurring in the margin, the words, letters and figures
“U. P. Act no. IX of 1957” shall be substituted ;
(b) for the words “estates” wherever it occurs, the words
“agricultural areas” shall be substituted ; and
(c) For the words and figure ‘‘U.P. Zamindari Abolition and Land
Reforms Act, 1950’’, wherever they occur, the words and figure
‘‘U.P. Urban Areas Zamindari Abolition and Land Reforms Act,
1956’’ shall be substituted.
2. In section 2 (a) after clause (c) the following shall be added
as a new clause (cc) ;
“(cc) ‘date of vesting’ in respect of an agricultural area means the
date specified in the Notification issued under section 8 of the
Uttar Pradesh Urban Areas Zamindari Abolition and Land
Reforms Act, 1956, as the date of vesting in respect of that
area”;
(b) in clause (f) for the words and figure “first day of July, 1952”
the words “date of vesting” shall be substituted ;
(c) for clause (g) the following shall be substituted ;
U. P. Act no.
IX of 1957.
“(g) ‘agricultural area’, ‘annuity’, ‘compensation’ and ‘urban area’
shall have the meaning assigned respectively to them in the
U. P. Urban Areas Zamindari Abolition and Land Reforms Act,
1956” ;
(d) in clause (k) for the word “estate” wherever occurring the
words “agricultural area” shall be substituted ; and
(e) in clause (m) for the words “an estate” wherever occurring,
the words “an agricultural area” shall be substituted.
3. In section 3 (a) in sub-section (2) —
(i) for the words, letters and figures “U. P. Act I of 1951” in the
margin, the words, le tters and figures “U. P. Act IX of 1957”
shall be substituted ;
(ii) for the word “estate” wherever occurring the words
“agricultural areas” shall be substituted ;
(iii) for the letters, words and figure “U. P. Zamindari Abolition
and Land Reforms Act, 1950,” the letters, words and figure
“U. P. Urban Areas Zamindari Abolition and Land Reforms Act,
1956” shall be substituted ; and
(iv) for the words and figures “30th day of June, 1952”, and the
words and figure “thirtieth day of June, 1952” the words “date
immediately preceding the date of vesting” shall be substituted ;
and
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
(b) in sub-section (3) —
(i) for the word “estate” wherever occurring, the words
“agricultural area” shall be substituted ; and
(ii) for the words and figures “30th day of June, 1952” and the
words and figure “thirtieth day of June, 1952” the words “date
immediately preceding the date of vesting” shall be substituted.
4. In section 4 (a) in sub-section (2) —
(i) for the words, letters and figures “U. P. Act I of 1951” in the
margin, the words, letters and figure s “U. P. Act no. IX of 1957”
shall be substituted ;
(ii) for the word “estate” wherever occurring the words
“agricultural areas” shall be substituted ;
(iii) for the letters, words and figure “U. P. Zamindari Abolition
and Land Reforms Act, 1950,” the l etters, words and figure
“U. P. Urban Areas Zamindari Abolition and Land Reforms Act,
1956” shall be substituted ;
(iv) for the words and figures “30th day of June, 1952” wherever
occurring and the words and figure “thirtieth day of June, 1952”
the words “date immediately preceding the date of vesting” shall
be substituted ; and
(v) for the words and figure “first day of July, 1952” the words
“date of vesting” shall be substituted ; and
(b) in sub-section (3) —
(i) for the word “estate” wherever occurring, the words
“agricultural area” shall be substituted ;
(ii) for the words and figures ‘‘1st day of July, 1952’’ the words
‘‘date of vesting’’ shall be substituted; and
(iii) for the words and figures “30th day of June, 1952” and the
words and fig ure “thirtieth day of June, 1952” the words “date
immediately preceding the date of vesting” shall be substituted.
5. In section 5 (a) for the word “estate” the words “agricultural area”
shall be substituted ; and
(b) the proviso and the explanation shall be deleted.
6. In section 6 (a) in sub-section (1), for the word “estate” wherever
occurring the words “agricultural area” shall be substituted ;
and
(b) in sub- section (2), for the word “estates” the words
“agricultural areas” shall respectively be substituted ;
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[Uttar Pradesh Nagar Kshettra Rin Vidhi Pravritti Adhiniyam, 1962]
7. In section 8 (a) for th e word “estate” and “estates” wherever
occurring the words “agricultural area” and ‘‘agricultural
areas’’ shall respectively be substituted;
(b) for the words “rehabilitation grant ” wherever occurring,
including in the marginal heading, the word “annuity” shall be
substituted ; and
(c) for the words “such grants” the words “the annuity payable
in each year” shall be substituted ;
8. In section 9. for the word “or rehabilitation grant for his estate”,
the words and comma “for his agricultural area, o r by
attachment of his annuity” shall be substituted,
9. In section 10. for the word “estate”, the words “agricultural area”
shall be substituted ;
10. In schedule I. (a) In the Formula in para I for the figure ‘‘8’’ the
figure ‘‘16’’ shall be substituted.
(b) in clause (a) of item (2) of paragraph 2, for the word “estate” ,
the words “agricultural area” shall be substituted ; and
(c) in item (3) of paragraph 2, for the word “estates” wherever
occurring and the word “estate”, the words “agricultural areas”
and the words “agricultural area” shall respectively be
substituted.
11. In schedule II. (a) between the words “bond sold” and the comma
occurring thereafter, the words “or annuity attached” shall be
inserted ; and
(b) for the figure “8”, the figure “16” shall be substituted ;
8