Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950

 
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[U.P. Act No. 1 of 1951]

(As passed by the Uttar Pradesh State Legislature)

[As amended upto date]

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:

PART I

CHAPTER I: PRELIMINARY

1. Short title, extent and commencement.- (1) This Act may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 19501.

(2) It extends to the whole of the Uttar Pradesh except the areas which, on the 7th day of July, 1949, were included in a municipality or a notified area under the provisions of the United Provinces Municipalities Act, 1916 (U.P. Act II of 1916) or a Cantonment, under the provisions of the Cantonment Act, 1924 (U.P. Act II of 1924) or a Town Areas under the provisions of the United Provinces Town Areas Act, 1914 (U.P. Act I of 1914)[:]2

3[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 '31 st 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, cease 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 (f) 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.

Footnotes:

  1. Received the assent of the President on 24.01.1951 and published in the U.P. Gazette, Extra., dt. 26.01.1951.

  2. Subs. by U.P. Act No. 12 of 1965 for the full stop and shall be deemed always to have been substituted.

  3. Added by U.P. Act No. 12 of 1965 and shall be deemed always to have been added.

    [UTTARAKHAND]1 AMENDMENT

    2[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.

  4. In the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 wherever the expression "Uttar Pradesh" occurs, it shall be read as "Uttaranchal".

  5. 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.

  6. The headquarter of the office of Chief Revenue Commissioner/Additional Revenue Commissioner shall be at Dehradun.

  7. For the purposes of judicial work at the level of Chief Revenue Commissioner/Additional Revenue Commissioner there shall be Circuit Courts at Pauri and Nainital.]

    Footnotes:

  8. The word "Uttaranchal" subs. by Sec. 3 of Act No.52 of 2006 (w.e.f. 01.01.2007).

  9. Vide Noti. No. 2241/Revenue/2001, dt. 16.07.2001.

    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 (U.P. Act XVII of 1939);

    (b) any estates or parts thereof owned by the CentralGovernmentState "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 (I of 1894), the United Provinces Land Acquisition (Rehabilitation of Refugees) Act, 1948 (U. P. Act XXVI of 1948), the United Provinces Acquisition of Property (Food Relief) (Temporary Powers) Act, 1948 (U. P. Act XXXIX of 1948) or any other enactment other than this Act, relating to acquisition of land for a public purpose;

    (d) Pargana Kaswar Raja of Benares District;

    (e) any area which, on the 30th day of November, 1949, was included in-

    (i) BenaresState as defined in the BenaresState (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) [***]1

    2[(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 KaimurRange:

    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 modification made therein, shall be deemed to have been repealed:

    3[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.]

    4[(1-A) The power 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.]

    5[(2) Where the declaration made by the State Government under Clause (c) of sub-section (I) 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 sub-section (2) is issued may be utilised by the State Government for purposes of housing and urban development in such manner as may be prescribed.]

    Footnotes:

  10. Omitted by U. P. Act No. 20 of 1954.

  11. Added by U. P. Act No. 20 of 1954.

  12. Ins. by U. P. Act No. 34 of 1974.

  13. Ins. by U. P. Act No. 15 of 1978.

  14. Subs by U. P. Act No. 15 of 1978.

    "Validation.-Notwithstanding any judgment, decree or order of any Court a notification made by the State Government discontinuing or purporting to discontinue any exemption from the operation of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 in respect of an area as had not actually been utilised in execution of a housing scheme before the date of such notification shall be deemed to be and always to have been made in exercise of powers under sub-section (2) of Sec. 2 of that Act, as hereby amended where the area to which the notification relates was such as had, within the meaning of sub-section (2) of Sec. 2 of the said Act. as amended by Chapter II of this Act not been actually utilised for execution of a housing scheme till the date of the notification so made."

    1[2-A. Extension of the Act to new territories.- 2[(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.]

    Footnotes:

  15. Ins. by U. P. Act No. 21 of 1962.

  16. Subs. by U. P. Act No. 12 of 1965.

    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...

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