LexThe jaunsar-bawar zamindari abolition and land reforms act, 1956
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THE JAUNSAR-BAWAR ZAMINDARI ABOLITION AND LAND
REFORMS ACT, 19561
[U. P. ACT NO. 11 OF 1956]
Amended by-
U. P. ACT NO. 23 OF 1961
U. P. ACT NO. 12 OF 1965
U. P. ACT NO. 30 OF 1975
U. P. ACT NO. 8 OF 1977
U. P. ACT NO. 20 OF 1982
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on January 11, 1956
and by the Uttar Pradesh Legislative Council on January 18, 1956.
Received the assent of the President on Marc h 24, 1956, under Article 201 of ‘the
Constitution of India’ and was published in the Uttar Pradesh Gazette Extraordinary, dated
April 5, 1956.]
An
Act
to provide for the acquisition of rights, title and interest of the intermediaries
between the State a nd tiller of the soil in Par gana Jaunsar-Bawar of Dehra Du n District
and for the introduction of land reforms therein,
Whereas it is expedient to provide for the acquisition of rights, title and interest of
the inter mediaries between the State and tiller of the soil in Pargana Jaunsar Bawar of
Dehra Dun District and for the introduction of land reforms therein;
It is hereby enacted as follows in the Seventh Year of the Republic of India :--
CHAPTER I
Preliminary
Short title,
extent and
commencement
1. (1) This Act may be called the Jaunsar -Bawar Zamindari Abolition and Land
Reforms Act, 1956.
(2) It shall extend to the whole of Pargana Jaunsar-Bawar of Dehra Dun District.
(3) This chapter shall come into force at once. The remaining chapters shall come
into force on such date or dates as the State Government may, by notification
in the official Gazette, ap point in this behalf and different da tes may be
appointed for different chapters of this Act.
Definitions 2. In this Act, unless there is anything repugnant in the subject or context:-
(a) "Collector" means the Collector of Dehra Dun District and also
includes an Assistant Collector of the First Class specially empowered by th e
State Government by notifi cation in the official Gazette to discharge all or
any of the functions of the Collector under this Act;
(b) "Commissioner" means the Commissioner of the Meerut Division
and also includes an Additional Commissioner Meerut Division;
1. For Statement of Objects and Reasons, see Uttar Pradesh Gazette
Extraordinary, dated September 28, 1955.
122
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 2]
(c) "current settlement" means the settlement of land revenue in force
in the Pargana on the date immediately preceding the date of commencement
of Chapter I of this Act;
(d) "Tenant" means a person by whom rent is, or but for a contract
express or implied would be, payable ;
Explanation-- A person holdin g land on service tenure is a person by
whom rent is payable for the land so held by him.
(e) "intermediary" as respects any land means the zamindar of the land
where the land is in the cultivation of a tenant but does not includ e zamindar
of any land referred to in section 34;
(f) "khag" means a sub-division of a khat;
(g) 'khat" means a group of vill ages, treated at the current settlement as
a sin gle unit f or assessment of land revenue and recorded as such in the
settlement records;
(h) "law" includes any Ordinance, Order, Bye-Law, Rule, Regulation,
Notification, Custom or Usage having the force of law in the Par gana, on the
date immediately preceding, the date of comm encement of Chapter I of this
Act;
(i) "Pargana" means the P argana of Jaunsar -Bawar in the district of
Dehra Dun;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "State Government" means the Government of Uttar Pradesh;
(1) words and expressions "Compensation Officer", "land", "lease";
"legal representati ve", "proprietor" ; "village" and "Gaon Sabha", not h erein
defined but used in the U. P. Zamindari Abolitio n and Land Reforms Act,
1950, shall have the same meaning assigned to them in that Act;
(m) words and expressions "grove", "holding", "rent" and "sayar" not
herein defined but used in the U. P. Tenancy Act, 1939, shall have the
meaning assigned to them in that Act; and
(n) words and expressions "r evenue", " Board" and "Tahsil dar" not
herein defined; but used in the U. P. Lan d Revenue Act, 1901, shall have the
meaning assigned to them in that Act;[* * *]1
(o) "zamindar" means as respects any land, the proprietor of the land or
of a share therein; [and]2
[(p) references to the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 and to the U. P. Land Revenue Act, 1901 or to rules
framed thereunder shall be construed respectively as references to the said
Acts or rules as amended from time to time.]2
1. Omitted by section 38 of U. P. Act No. 12 of 1965.
2. Subs. by section 38 of U. P. Act No. 12 of 1965,
123
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 3-6]
CHAPTER II
SETTLEMENT
Notification as
to settlement
3. The State Government may at any time after the commencement of this
chapter, declare by notification in the official Gazette that the Pargana or any
local area therein, as may be specified, is brought under settlement operations
and thereupon the same sh all be held to be under settlement and continue to
be so until the issue of a second notification by the Sate Government
declaring the settlement to be closed.
Appointment
and powers of
Settlement
officers
4. The State Government may for purposes of th is Act appoint an officer
hereinafter called the settlement officer, to be incharge of the settlement of the
Pargana or, as the case may be, of any local area therein and as many
Assistant settlement Officers as may be considered necessary.
Inspection an d
preparation of
records
5. (1) Where any area is declared to be brought under settle ment under this Act , the
Settlement Officer or if the Settlement Officer so directs, the Assistant
Settlement Officer shall inspect every villa ge in such area and prepa re a
record in respect of each khat; showing --
(a) the area of each holding;
(b) the name of the zamindar of the holding;
(c) the name of the cultivator of the holding;
(d) whether the land i ncluded in the holding falls under any of the
classes specified in section 34;
(e) class of soil of each of the plots comprised in each holding; and
(f) such other particulars as may be prescribed.
(2) In preparing the records referred to in sub-section (1), the officer shall proceed
on the basis of the records prepared under the provisions of the Jaunsar-Bawar
Security of Tenure and Land Records Act, 1952 and carry out therein such
modifications corrections as may be necessary for bringing it up-to-date.
Register
showing
particulars of
Zamidars
6. After the record mentioned in section 5 has been pr epared the Settlement
Officer shall prepare a register giving the following particulars of each
zamindar-
(1) name;
(2) the total area of holdings belonging to the Zamindar;
(3) the area of holdings in the possession of tenant; and
(4) such other particulars as may be prescribed.
* Enforce w.e.f. June 30. 1957 vide notification no. 7854/1-A-2011/56 date
March 30, 1957.
124
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 7-11]
Determination
of land
revenue of
each Zamindar
7. The settlement officer shall, in the prescribed manner, apportion the land
revenue assessed on each khat among zamindars of the khat having regard to
the area owned by them and the quality thereof.
Publication of
proposals
regarding
assessment of
land revenue
8. After the land revenue has been apportioned under section 7, the S ettlement
Officer shall publish the proposals in the prescribed manner and after
considering the objections that may be made, shall submit the proposals
together with the objections, if any, and such orders as he may have passed
thereon to the Commissioner, who shall approve or modify them, and also fix
the date from which the proposals should be given effect to.
Declaration of
land revenue
payable by
individual
Zamindars
9. The Settlement Officer shall declare, in the prescribed manner, the amount of
revenue payable by each zamindar, as approved or modified under section 8,
and, notwithstanding anything in any other law, such amount shall be payable
by each zamindar to the State Government.
Communication
of rest
10. (1) Where no rent is paid in respect of any holding but is payable therefor or
where rent is paid in kind or on the basis of an estimate or appraisement of the
standing crop, or, on the basis of rates varying with the crop sown or partly in
one of such ways and partly in another or other of such ways, or where in lieu
of rent some sort of service is rendered, the settlement Officer shall, in the
manner prescribed, determine the cash value of the rent payable or the service
rendered by the tenant concerned :
Provided that rent so determined shall not exceed three times t he land
revenue assessable on the holding according to the incidence of land revenue
in the khat in which the holding is situate.
(2) The Settlement Officer shall, in the prescribed manner, inform the zamindars
as well as the tenants of the holdings concerned of the rent d etermined under
sub-section (1).
(3) The rent determined under sub -section, (1) shall be payable with effect from
the date fixed by the Commissioner under section 8 for the enforcement of the
proposals as to the land revenue payable by each zamindar.
First Appeal 11. (1) An appeal shall lie under this chapter-
(a) to the Settlement Officer from an order passed by an Assist ant Settlement
Officer; and
(b) to the Commissioner from order passed by a Settlement Officer.
(2) For the purposes of this chapter, the word "order” includes a declaration under
section 9 in respect of the land revenue payable by a Zamindar.
125
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 12-15]
Second Appeal 12. A Second appeal shall lie to the Board from the orders passed by the
Settlement Officer or the Commissioner in the following cases only:-
(a) when the original order in appeal has been varied, cancelled or reverse d;
and
(b) on any of the following grounds, namely,-
(i) the decision being contrary to some specified law;
(ii) the decision havin g failed to determine some material issue of l aw;
and
(iii) a subs tantial error or def ect in the procedure as prescribed by this
Act, which any have produced error or defect in the decision of t he case upon
the merits.
Application of
the provisions
of sections 214
-217 and 220 of
U.P. Act IV of
1901
13. The provisions of section 214, 215, 216, 217 and 220 of the U.P. Land
Revenue Act, 1901 shall mutatis mutandis apply to an appeal under this
Chapter as they apply to an appeal under the said Act.
Revision 14. The Board may call for the record of any case in which no appeal l ies to the
Board if the Officer by whom the case was decided appears to have exercised
jurisdiction not vested in him by law or to have failed to exercise the
jurisdiction so vested or to have acted in the exercise of his jurisdiction
illegally or with substanti al irregularity, and may pass such orders in the case
as it thinks fit.
CHAPTER III*
ACQUISITION OF INTERESTS INTERMEDIARIES AND
ITS CONSEQUENCES
Acquisition of
rights, title and
interests of
intermediaries
15. (1) As soon as may be after the issue of the second notification refer red to in
section 3 in respect of an area, the State Government may, by not ification
published in the official Gazette, declare that as fro m a date to be specified
therein, the rights, title and interest of all the intermediaries in the land in such
area to be specified sh all as from the beginning of the date to be specified
(hereinafter called the appointed date) , cease and vest, except as h ereinafter,
provided, in the State free from all encumbrances.
(2) It shall be lawful for the State Government if it so considers necessary , to
issue, from time to time, the notification referred to in sub -section (1) in
respect only of such khat or khats as may be specified and all the provisions
of sub -section (1) shall be applicable to and in the case of every such
notification .
* Enforced w.e.f, June 10, 1961 vide notification no. 88/IA·1934, dated June 6, 1961.
126
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 16]
Consequences
of acquisition
of right, title
and interest
under section
15
16. Where a notification under section 15 has been published i n the official
Gazette, then, notwithstanding a nything contained in any cont ract or
document or in any other law for the time being in force and save as otherwise
provided in this Act, the consequences as herein after set forth shall from the
beginning of the appointed date e nsue with respect to the lan d to which the
notification relates (hereinafter called the notified land), namely:-
(a) all rights, t itle and interest of the intermediary in the notified land
shall cease and be vested in the State of Uttar Pradesh free from all
encumbrances;
(b) all no tified land held on the date im mediately preceding the
appointed date by any person as tenant shall be deemed to be settled by the
State Government with such person who shall, subject to the provisions of this
Act be entitled to take or retain possession as a sirdar thereof;
(c) (i) all rents payable by the tenant in respect of the notified land for
any period after the appointed date which , but for acquisition of rights, title
and interest of the intermediary therein would be payable to the intermediary,
shall vest in and be payable to the State Government and not to the
intermediary, and any payment made in contravention of this clause shall not
be valid discharge of the person liable to pay the same;
(ii) Where under an agreement or contract made before the appointed
date any rent for any period after the s aid date has been paid to or
compounded or released by tile 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 section 21 ;
(d) all arrears of revenue due from the intermediary for any period prior
to the appointed date 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 payable to such intermediary
under section 21;
(e) the rights title and inter est of the intermediary, so acquired 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 appointed date
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;
(f) no claim or liability enforceable or incurred before the appointed
date by or against the intermediary for any money which is charged on or is
secured by a mortgage of the notified land shall, except as provided in
section73 of the Transfer of Property Act, 1882, be enforceable against such
land or the tenant;
127
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 17-19]
(g) nothing contained in this chapter shall in any way affect the right of
any person ---
(i) to continue to work any mines comprised in any notified land
which shall be governed by law for the time being in force; and
(ii) to recover an y arrears of rent or other dues which accrued
before the appointed date and the same shall, notwithstanding anything
contained in t his Act, be recoverable as heretofor e by the person
entitled therein :
Provided that no decree for any arrear of rent or orde r for
enactment in default or an arrear of rent shall be executed by ejectment
of the judgment debtor from his holding; and
(h) all suits and proceeding of the nature to be prescribed pending in
any court at the appointed date and all proceedings upon an y decree or order
passed in any such suit or proceeding previous to the appointed date shall be
stayed.
Collector to
take over land
and interests
vested in the
State
17. Upon the publication of the notification under section 15, it shall be lawful for
the Collector or any officer appointed by him in this behalf—
(a) to take charge of any notified land 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, acquired under the provisions of this chapter
and make a survey or take measurement thereof or do any other act whi ch 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 such land or part
thereof and to furnish to such author ity such other information as may be
specifies or demanded; and
(d) if the books, accounts and other documents are not produced as
required, to enter upon any land, and seize and take possession of such books,
accounts and other documents.
Intermediary
entitled to
receive
compensation
18. Every intermediary whose rights, title or interest are acquired under section
15 shall be entitled to receive and be paid compensation as hereinafter
provided.
Presumption
regarding
entries in the
records
prepared under
U.P. Act VI of
1953
19. The records prepared in accordance with the provisions of the Jaunsar -Bawar
Security of Tenants and Land Records Act, 1952, as modified under sub -
section (2) of section 5 shall for purposes of assessment and payment of
compensation be deemed to describe correctly the rights, title and interest of
every intermediary and tenant of the village to which such records relate.
128
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 20-24]
Compensation
Statement
20. (1) For purposes of assessment and payment of com pensation for acquisition of
rights, title and interest of the intermediary the Compensation Officer shall
prepare a compensation, statement showing--
(a) the name or names of the intermediary;
(b) rental income of the intermediary from the notified land; and
(c) such other particulars as may be prescribed.
(2) The rental income shall consist of the rent payable by the tenant-
(a) in cash; or
(b) where the rent is not payable in cas h the cash value of rent payable as
commuted and determined under section 10.
Compensation
to the
Intermediary
21. The amount payabl e as compensation to the intermediary under section 18
shall be an amount equal to sixteen times the rental income re ferred to in
section 20.
Preliminary
publication
statement
22. The Compensation Statement prepared under section 19 shall be published in
the manner prescribed and a copy thereof shall also be sent to the
intermediary concerned.
Filling
objections
23. Any person interested o r 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.
Disposal of
objections
24. (1) Except as provided in sub -section (2), the Compensa tion Officer shall after
hearing the parties, if necessary, on the objections filed under section 23,
dispose of the objections in the manner prescribed.
(2) Where the objection filed under sub-section (1)-
(a) is that the land is not notified land the Compensa tion Officer shall
frame an issue to that effect and refer it for disposal to the Assistant Collector
incharge of the sub-division;
(b) involves a questi on of title and such question h as not already be en
determined by a competent court, the Compensation Officer shall refer the
question for determination to the District Judge.
Explanation-- Whether a person is or is not a tenant shall not be deemed to
raise a question of title within the meaning of this clause.
(3) The District Judge shall determine the question referred to him under clause
(b) of sub -section (2) in the manner prescribed and his decision therein shall
be final.
129
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 25-29]
Appeal to the
Collector
25. Notwithstanding anything contained in any law, any person aggrieved by the
order of the Compensation Officer decid ing the objection under section 24 in
so far as it relates to the amount of compensation may appeal to the Collector
who shall decide the appeal in the manner p rescribed and the decision of the
Collector shall be final.
[Finalization
of Compensa-
tion
statement]1
26. (1) Where no objection has been filed in regard to the compensation s tatement
published in pursuance of section 22 or where such objection is filed and has
been finally disposed of, the statement shall, where necessary, be amended,
altered or modi fied. 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
intermediary concerned.
Payment of
compensation
27. (1) Except as provided in sub-section (3) the compensation mentioned in the final
compensation statement referred to in section 26 shall be paid in cash in one
lump sum or in annual installments not exceeding ten as may be prescribed.
(2) The compensation shall be paid to the intermediary whose name is ent ered in
the final compensation statement and where the intermediary dies before it is
paid to him it shall be paid to his legal representatives.
(3) The provisions of section 69 and 70 of the U.P. Zarnindari Abolition and Land
Reforms Act, 1950 shall mutatis mutandis apply to the payme nt of
compensation under this Act.
Interest on
compensation
28. The compensation mentioned in the final c ompensation statement referred to
in section 26 shall be due as from the appointed date and there shall be paid
by the State Government on such compens ation interest at the rate of 2 ½ per
centum per annum from the appointed date to the date of --
[(i) in the case of the amount to be paid in cash in one lump sum, the
finalization of compensation statement under section 26; and]1
(ii) in the case of the amount to be paid in annual installm ents, payment
of th e first instal lment and thereafte r on such amount a s may remain
outstanding from time to time till the date of payment of last installment.
CHAPTER IV*
LAND MANAGEMENT
Superintendence
management
and control of
land
29. Subject to the provisions of this Act, a Gaon Sabha may, by notification in the
official Gazette, be charged, as from the spec ified date, for and on behalf of
the State Government, with the general superintendence, management,
preservation and control of such lands and things (including forests and
uncultivated land not belonging to any zamindar) as may be prescribed.
* Enforced w.e.f. February 8, 1963 vide notification no 398/I -A-2275-59, dated
February I. 1963.
1. Subs. by section 2 of U. P. Act, No. 23 of 1961.
130
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 30-33]
Application of
sections 118 to
128 of U.P.
Act I of 1951
30. Where a Gaon Sabha has been charged with general superintendence,
management, preservation and control of lands and things in any area under
section 29, the provisions of sub -section (2) of section 118, and sections 119
to 128 of the U. P. Zarnin dari Abolition and Land Reforms Act, 1950, and of
the Rules connected therewith framed under section 128 shall apply to the
Pargana but the State Government may by notification in the official Gazette
make such adaptation, modification, alteration or exception, not affecting the
substance, as may in its opinion appear necessary and any such adaptation,
modification, alteration or exception shall not be questioned in any court of
law.
CHAPTER V**
LAND TENURE AND LAND REVENUE
Classes of
tenures
31. There shall be, for purpos es of this Act, the following classes of tenure -
holders, namely:-
[(a) bhumidhar with transferable rights ;
(b) bhumidhar with non-transferable rights ;]1
(c) asami;
[(d) Government lessee.]2
[Bhumidhar
with
transferable
rights
32. Every pe rson belong ing to any of the fo llowing classes not being a person
referred to in section 33, 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 cla use (c) of section 33, 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 bumidhar under or in accordance with the provisions
of this Act.
3{(d) All such person of the whole Jaunsar -Bhawar sub division of
District Dehradun who were in unauthorised possession of the category 4 land
on or before the date of 30.06.1983 and presently having possession on this
land, as per the procedure prescribed by the government.}
Bhumidhar
with non-
transferable
rights
33. 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-
1. Subs. by s. 60 of U. P. Act 8 of 1977.
2. Added by section 15 of U.P. Act No. 24 of 1986.
** Enforced w.e.f. June 30, 1962 vide notification no. 1151/I-IA-110-62, dated
June 19, 1962 .
3. Inserted by section 2 of Uttrakhand Act no 31 of 2020.
131
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 34-36]
(a) every person admitted as a sirdar of any vacant land before the date
of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977;
(b) every person who in any other manner acquires on or after the said
date, the rights such a bhumidhar under or in accordance with the provisions
of this Act;
(c) every person who is o r has been allotted any land under the
provisions of the Uttar Pradesh Bhoodan Yagan Act, 1952.]1
Asami 34. (1) With effect from the date this Chapter comes into force every tenant of land
belonging to any of the following classes shall, notwithstanding anything in
any law, be called and be deemed to be an asami of the land --
(a) grove land ;
(b) pasture land or land covered by water and used for purposes of
growing any produce or land in the bed of a river and used for casual or
occasional cultivation;
(c) land declared by the State G overnment by notification in the official
Gazette to be part of tract of shifting or unstable cultivation or to be intended
or set apart for taungya plantation; and
(d) land held from a zamindar or zamindars all of whom are persons of
any one or mo re of t he classes mentioned in c lauses (a) to (g) of section 157
of the U. P. Zamindari Abolition and Land Reforms Act, 1950 as applicable
to the Pargana.
(2) Every person who is deemed to be an asami under subsection (1) and every
person who is admitted as an asami of vacant land or otherwise acquires the
rights of an asami under and in accordance with the provisions of this Act
shall have all the rights and be subject to all the liabilities conferred or
imposed upon an asami by or under this Act.
Devolution 35. Where a bhumidhar, [* * *] 2 or asami dies, his interest in his holding shall,
notwithstanding anything in this Act, continue to be governed in the matter of
devolution, succession and inheritance by the law applicable to him, as if this
Act had not been passed.
Application of
the provisions
of chapters
VIII and X of
U.P. Act of
1951
36. (1) The provisions of [sections 133 -A, 137, 137 -A,]3 (except in so far as they
relate to payment of inst allments), 141 to 146, 152 to 16 8, 176 to 195, 197 to
211, 212-A, 212-B, 212-C, 213 to 230, and sections 241 to 294 of Chapter X
of the U. P. Zamindari Abolition and Land Reforms Act, 1950, and of the
rules framed under sections 230 and 294 of the said Act shall mutatis
mutandis apply to the Pargana, but the State Government may, by or der
published in the official Gazette make such adaptation, modification,
alteration or exception not effecting the substance as may in its opinion
appear necessary and any such adaptation, modification, alteration or
exception shall not be questioned in any court of law :
1. Subs. by section 61 of U. P. Act 8 of 1977.
2. Omitted by section 62 ibid.
132
3. Subs. by section 18 of U.P. Act No. 24 of 1986.
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 37-39]
[Provided that section 245 of the said Act shall, in relation to such
Pargana, apply with the following modification, namely-
(i) one and a half acres of land shall count as one acre;
(ii) in relation to any local area in which the maxi mum rent rates
sanctioned at the settlement carried out under Chapter II of this Act, do n ot
exceed rupee one per acre, the words 'rupees five' and 'rupees ten' in clause (i)
of the proviso to sub-section (2) of the said section 245 shall be substituted by
the words 'rupees three' and ‘rupees five’ respectively, and the words 'rupees
ten' and 'rupees twenty' in clause (ii) thereof shall be substi tuted by the words
'rupees six' and 'rupees ten' respectively.]1
(2) Every such order shall have effect from th e date of com mencement of this
chapter.
Application of
the U.P. Land
Revenue Act,
1901 to the
Pargana
37. (1) The provisions of the U. P. Land Revenue Act, 1901 , as amended by the U. P.
Zamindari Abolition and Land Reforms Act, 1950, and the rules or
regulations framed or orders issued thereunder shall mutatis mutandis apply to
the Pargana but the State Government may, by order publ ished in the official
Gazette make such adaptations, modification s, alterations or exceptions not
affecting the substa nce as may in its opinion appear necessary and any such
adaptation, modification, alter ation or exception shall not be questioned in
any court of law.
(2) Every such order shall have effect from the date of com mencement of this
chapter.
CHAPTER VI*
MISCELLANEOUS
Appointment
of
Compensation
Officers
38. (1) The State Government may for purposes of this Act, appoint a Compensation
Officer.
(2) The Compensation Commis sioner and the Assistant Com pensation
Commissioner for the region concerned appointed under section 319 of the U.
P. Zamindari Abolition and Land Reforms Act, 1950, shall respectively be the
Compensation Commissioner and the Assistant Compensation Commissioner
for the Pargana.
Powers and
duties
39. (1) The Compensation Commissioner and the Assistant Compensation
Commissioner shall per form such duties and exercise such powers of
supervision and sup erintendence over the work of Compensation Officer as
may be prescribed.
(2) The Compensation Officer shall exercise the powers and perform the duties
conferred or imposed upon him by or under this Act or the rules framed
thereunder.
1. Ins. by section 19 of U. P. Act No. 20 of 1982.
133
* Enforced w.e.f, March 30. 1957 vide Notification No. 7854/1A -2011-56,
dated March 30, 1957.
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 40-43]
Application of
provisions of
certain
sections of
chapter XII of
U.P. Act I of
1951 to the
Pargana
40. (1) The provisions of sections 321 to 336, 338 and 341 to 344 of the U. P.
Zamindari Abolitio n and Land Reforms Act, 1950, and of the rules fra med
under section 344 of the said Act shall mutatis mutandis apply to the Pargana
but the State Government may, by order published in the official Gazette
make such adap tation, modification, alteration or exce ption not affecting the
substance as may in its opinion appear necessary and any such adap tation,
modification, alteration or exce ption shall not be questioned in any court of
law.
(2) Every such order shall have ef fect from the date of commencement of this
Chapter.
Order made
under sections
36, 37 or 40 to
be laid before
the State
Legislature
41. An order made under sections 36, 37 or 40 shall be laid for not less than
fourteen days before the State Legisl ature as soon as may be after it is so
made, and shall be subject to such modifi cations as the Legislature may make
during the session in which they are so laid.
Repeal 42. Where immediately b efore the commencement of Chap ter I of this Act there
is in force in the Pargana any law relating to land tenure, so much of such law
as is inconsistent with the provisions of this Act, shall, with effect fr om the
date and to the extent to which this Act comes into force und er and in
accordance with the provisions of sub-section (3) of section 1, stand r epealed
and the provisions of sections 6 and 24 of th e U. P. General Clauses Act,
1904, shall apply to the law so repealed as if it had been an enactment
repealed by an U. P. Act.
Power to make
rules
43. (1) The State Government may make rules for the pur pose of carrying into effect
the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may
provide for-
(a) the procedure relating to the inspection of village a nd preparation of
records under section 5 ;
(b) the procedure relating to the preparation of registers under section 6;
(c) the manner in which objection shall be filed and disposed of under
section 8;
(d) the proceedings prior to the vesting of lands an d interests under
section 15 ;
(e) the disposal of suits and proceedings stayed under section 16;
(f) the matters relating to the taking over of lands and interests under
section 17;
(g) the manner and the form in which the c ompensation statement shall
be prepared under section 20;
(h) the manner and the form in which objections shall be filed under
134
section 23;
[The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 43]
(i) the procedure to be followed in placing the amount of compensation
at the disposal of the Court or authority under sub -section (3) of section 27;
and
(j) the matters which are to be and may be prescribed.
(3) The power to make rules given by this Act shall be deem ed to incl ude the
powers to provide for --
(i) imposing limits of time within which things to be done for the
purposes of rules must be done, with or without powers to any authority
therein specified to extend limits imposed;
(ii) the procedure to be followed in applications suits or other
proceedings under this Act, in cases for which no specific provision has been
made herein;
(iii) the duties of any offic er or authority having jurisdictions under this
Act and the procedure to be followed by such officer or authority;
(iv) the time within which applications and appeals may be pres ented
under this Act, in cases for which no specific provision in that behalf has been
made therein;
(v) the fees to be paid in respect of appeals and appli cations under this
Act, in cas es fo r which no specific pro vision in t hat behalf has been made
herein;
(vi) the application of the pr ovisions of Indian Limitation Act, 1908, to
applications, appeals and proceedings under this Act;
(vii] the delegation of powers conferred by this Act on t he State
Government or any other authority, officer or person; and
(viii) the transfer of proce edings from one authority or officer to
another.
[(4) All rules made under this section shall as soon as may, after they are made, be
laid before each House of the State Legislature, while it is in session for a
total period of not less than thirty days comprised in its one session or two or
more successive sessions and shall unless some later date is appointed take
effect from the date of their publication i n the Gazette subject to such
modifications or annulments as the two Houses of the Legislature may during
the said period agree to make, so however that any such modification o r
annulment shall be without prejudice to the validity of anything previously
done thereunder.]1
135
1. Subs. by section 32 of U. P. Act No. 30 of 1975.