LexThe UTTAR PRADESH LAWS (EXTENSION TO TERRITORIES TRANSFERRED FROM BIHAR) ACT, 1976
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THE UTTAR PRADESH LAWS (EXTENSION TO TERRITORIES
TRANSFERRED FROM BIHAR) ACT, 19761
[ U. P. Act No. 52 of 1976 ]
Amended by
U. P. Act No. 20 of 1982
[Passed in Hindi by the Uttar Pradesh Legislative Council on
November 2, 1976 and by the Uttar Pradesh Legislative Assembly
on November 8, 1976.
Received the assent of the President on December 7, 1976
under Article 201 of the Constitution of India and was published in
the Uttar Pradesh Gazette Extraor dinary, dated December 10 ,
1976. ]
AN
ACT
to extend certain laws in force in Uttar Pradesh to the
territories transferred from Bihar by or under the Bihar and Uttar
Pradesh . (Alteration of Boundaries Act, 1968) :
Short title and
commencement
IT IS HEREBY enacted in the Twenty -seventh Year of the
Republic of India as follows :—
1. (1) This Act may be called the Uttar Pradesh Laws (Extension
to Territories Transferred from Bihar) Act, 1976.
(2) It shall be deemed to have come into force on October 15,
1976.
Definitions 2. In this Act, unless the context otherwise requires —
(a) “Bihar Laws” means so much of any Bihar Act, Ordinance or
Regulation, as relates to any of th e matters enumerated in Lists II
and III in the Seventh Schedule to the Constitution and includes any
statutory instrument ;
2 [(aa) “Scheduled Village” means a village comprised in the
transferred territories and specified in the Second Schedule ; ]
(b) “State Law” means so much of any Uttar Pradesh Act,
Ordinance or Regulation, as relates to any of the matters enumerated in
Lists II and III in the Seventh Schedule to the Constitution and includes
any statutory instrument ;
(c) “transferred territories” means the territories transferred from
the State of Bihar and added to Uttar Pradesh by the Bihar and Uttar
Pradesh (Alteration of Boundaries) Act, 1968.
Assimilation of
State Laws
3. (1) The State Laws specified in the second column of 3[the
first Schedule] shall, as from the date of commencement of this Act,
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1. For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated November 5, 1976.
2. Ins. by sec. 23 of U. P. Act No. 20 of 1982.
3. Ins. by sec. 24 ibid.
[The Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976]
820
extend to the transferred territories subject to the modifications
specified in the third column thereof and all appointments, orders or
statutory instruments made or issued thereunder s hall, so far as they
are not inconsistent with the said modifications, extend, mutatis-
mutandis to the transferred territories and shall, in such modified form,
continue in force until repealed or amended by the competent
Legislature or other competent authority.
(2) The Uttar Pradesh Zamindari Abolition and Land Reforms
Act, 1950 as extended by notification no. 10/Rajaswa -1/1-6—(1)-72,
dated March 17, 1972, shall continue in force and be deemed always to
have continued in force (with the modifications sp ecified in that
notification) in the transferred territories until repealed or amended by
the Uttar Pradesh State Legislature.
(3) All other State laws which immediately before the date of
commencement of this Act, extend to, or are not in force in, the
transferred territories shall, as from such date, e xtend to or, as the case
may be, come into force in, the transferred territories and continue in
force therein until repealed or amended by the competent Legislature or
other competent authority.
(4) A ll Bihar laws which immediately before the date of
commencement of this Act, are in force in the whole or any part of the
transferred territories shall, with effect from such date, stand repealed
in respect of their operation in such territories and the pr ovisions of
section 6 and 24 of the Uttar Pradesh General Clauses Act, 1904 shall
apply as if those laws were repealed and re -enacted by the
corresponding laws extended to, or brought into force, into the
transferred territories by virtue of sub-section (1) and (3).
Conferment
of tenurial
rights on
certain
occupants.
1[3-A. (1) Where any person is in occupation of any land, situate
in a Scheduled village, on October 15, 1976 as well as on the date of
commencement of this section, and such land is a land to which the
provisions of section 132 of the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 —
(a) apply such person shall, with effect from the date of such
commencement become and be deemed to have become an asami
holding land on behalf of the Gaon Sabha concerned ;
(b) do not apply, such person shall, with effect from the date of
such commencement, become and be deemed to have become
bhumidhar with transferable rights in respect of such land.
(2) The provisions of this section shall have effect, anything to
the contrary contained in any law for the time being in force
notwithstanding. ]
Disposal of
suits,
appeals, etc.
4. (1) All suits, appeals, ap plications or other proceedings under
any Bihar law pending before any court or authority in respect
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1. Ins. by sec 25 of U. P. Act no. 20 of 1982.
[The Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976]
822
of the transferred territories shall, with effect from the date of
commencement of this Act, be deemed to be suits, appeals applications
or other proceeding s instituted or filed under the corresponding
provisions of the State Laws referred to in sub -sections (1) to (3) of
section 3 and shall be disposed of accordingly.
(2) All suits, appeals, applications or other proceedings under
any Bihar law to which the provisions of sub -section (1) do not apply
shall abate with effect from the date of commencement of this Act.
Power to
Courts for
purposes of
facilitating
application
of law
5. For the purposes of facilitating the application of any State
Law mentioned in sub -sections (1), (2) and (3) of section 3 to the
transferred territories, any court or other authority may construe such
law with such alterations, not affecting the substance, as may be
necessary or proper to adapt it to the matter before the court or other
authority.
Power to
remove
difficulties
6. (1) If any difficulty arises in relation to the transition from the
laws mentioned in sub -section (4) of section 3 to the laws mentioned in
sub-sections (1), (2) and (3) thereof, the State Government may, by
notification in the Gazette, make such provisions as it considers
necessary for the removal of such difficulty :
Provided that no such order shall be made after five years from
the date of commencement of this Act.
(2) Any order made under sub -section (1) may be given
retrospective effect from any date not earlier than the date of addition of
the transferred territories to the State of Uttar Pradesh.
(3) No order under sub -section (1) or sub -section (2) shall be
called n question in any court on the ground that no difficulty as is
referred to in sub-section (1) existed or was required to be removed.
Repeal and
saving
7. (1) The Uttar Pradesh Laws (Extension to Territories
Transferred from Bihar) Ordinance, 1976 is hereby repealed.
U. P.
Ordinance
no. 29 of
1976
(2) Notwithstanding such repeal a nything done or any action
taken under the aforesaid Ordinance shall be deemed to have been done
or taken under this Act as if this act were in force at all material times.
[The Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976]
824
1[THE FIRST SCHEDULE]
[See section 3 (1)]
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Serial no. Short title of the Act Section Extent of modifications
————————————————————————————————————————— -
1 The Uttar Pradesh
Imposition of Ceiling
on Land Holdings Act,
1960.
Section 1
Section 5
Sub-section (3) shall be omitted.
In sub -section (1), for the words “on
and from the commencement of the
Uttar Pr adesh Imposition of Ceiling
on Land Holdings (Amendment) Act,
1972”, the words and figures, “on
and from the commencement of the
Uttar Pradesh Laws (Extension to
Territories Transferred from Bihar)
Act, 1976” shall be substituted.
2 The Uttar Pradesh
Consolidation of
Holdings Act, 1953.
Section 1
Sub-section (3) shall be omitted.
3 The Land Acquisition
(U. P. Amendment) Act,
1954.
Section 1
Section 3
Sub-section (2) shall be omitted.
Shall be omitted.
4 The United Provinces
Acquisition of Property
(Flood Relief) Act,
1948.
Section 1
Sub-sections (2) and (3) shall be
omitted.
5 The Uttar Pradesh
Flood Emergency
Powers (Evacuation
and Requisition) Act,
1951.
Section 1
Sub-section (3) shall be omitted.
6 The U. P. Government
Estates Thekedari
Abolition Act, 1958 as
repealed and re-
enacted with
modification by the
Uttar Pradesh
Government Estates
Thekedari Abolition
(Re-enactment and
Validation) Act, 1970).
Section 1 Sub-sections (2) and (3) shall be
omitted.
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1. Re-numbered by sec. 26 of U. P. Act No. 20 of 1982.
[The Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976]
826
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Serial no. Short title of the Act Section Extent of modifications
————————————————————————————————————————— -
7 The Uttar Pradesh
House Sites (Flood
Affected Areas)
(Temporary Powers)
Act, 1957.
Section 1 Sub-section (3) shall be omitted.
8 The Uttar Pradesh
Bhoodan Yagna Act,
1952.
Section 1 Sub-section (3) shall be omitted.
9 The U. P. Panchayat
Raj Act, 1947.
Section 1 For sub-section (3) the following sub -
section shall be substituted,
namely:—
“(3) In relation to the transferred
territories as defined in the Uttar
Pradesh Laws (Extension to
Territories Transferred from Bihar)
Act, 1976, it shall apply subject to
such modifications as the State
Government may by notification
specify.”
10 The Uttar Pradesh
Vrihat Jot-Kar
Adhiniyam, 1963.
Section 1
Section 5
Sub-section (2) shall be omitted.
The following Explanation shall be
inserted, namely :—
“Explanation : In relation to the
transferred territories as defined in
the Uttar Pradesh Laws (extension to
Territories Transferred from Bihar)
Act, 1976, hereditary rates” means
rates of rent prevai ling before the
application of this Act to the said
territories ascertained in such
manner as may be prescribed.”
Section 7 In sub -section (1), the following
proviso thereto shall be inserted,
namely :—
“Provided that in relation to the
agricultural year end ing on June 30,
1976 the reference to the prescribed
date shall be construed as a
reference to the date of expiration of
a period of two
[The Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976]
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————————————————————————————————————————— -
Serial no. Short title of the Act Section Extent of modifications
————————————————————————————————————————— -
commencement of the Uttar Pradesh
Laws (Extension to Territories
Transferred from Bihar) Act, 1976.”
11 The United Provinces
Land Revenue Act,
1901 as a mended by
section 339 of (read
with List II of Schedule
III to) the Uttar
Pradesh Zamindari
Abolition and Land
Reforms Act, 1950.
Section 1 Sub-section (3) shall be omitted.
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1[THE SECOND SCHEDULE]
(See section 3-A)
Names of the Scheduled villages
1. Bhikhanpura or Bhikharipura
2. Shahpur Dighwara
3. Arazi Mafi Anjorpur
4. Sheopur Gangabarar
5. Bijaura Gangabarar
6. Sital Patti Gangabarar
7. Chaturbhujtari Gangabarar
8. Govindpur Gangabarar
9. Dangrabad
10. Bulapur
11. Hardeo Chhapra
12. Harsewak Chhapra
13. Chaubechhapra
14. Kaulapat Chhapra urf Dubechhapra
15. Naubarar I appg. to Belsipah
16. Naubarar of 1973 appg. to Belsipah
17. Naubarar I appg. to Sarwanpur
18. Naubarar I appg. to Palia
19. Sobhapur
20. Pandari
21. Paikauli
22. Asmanpur
23. Govindpur
24. Chaturbhujpur
25. Alakh Diara
26. Pokhara
27. Tolo Bare Babu
28. Tulapur II Portion
29. Durjanpur
30. Udhopur.
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1. Ins. by sec. 26 of U. P Act No. 20 of 1982.
2