[Act No. 22 of 1965] An Act to provide for the
levy of emergency surcharge on land revenue and rent payable or deemed to be
payable by land-holders in Uttar Pradesh. IT is hereby enacted in the
Sixteenth Year of the Republic of India as follows:-- (1)
This Act may be called the Uttar Pradesh
Malguzari Tatha Lagan Par Apatik Adhibhar Adhiniyam, 1965. (2)
It extends to the whole of Uttar Pradesh. In this Act, unless the
context otherwise requires,-- (1)
"intermediary" means a proprietor,
under-proprietor, sub-proprietor, thekedar, permanent lessee in Avadh,
permanent tenure-holder, hissedar (other than a hissedar in Pargana Askot) in
respect of his land not held by a khaikar, hissedar in Pargana Askot in respect
of his land not held by a guzaredar or khaikar, or a guzaredar in Pargana
Askot; (2)
"khaikar" has the meaning assigned
to the expression in the existing law relating to land tenures applicable to
Kumaun and Uttarakhand Divisions, but does not include a maurusidar or a
halbandi muafidar;. (3)
"land " means land, including
uncultivated land, in respect of which revenue or rent is assessed or paid or
is liable to be assessed or paid, and which is held or occupied for purposes
connected with agriculture, horticulture, animal husbandry, pisciculture or
poultry farming; (4)
"land-holder" means-- (i)
a bhumidhar or sirdar; (ii)
an intermediary where the land is in his
personal cultivation or is held as his sir or khudkasht or grove; or (iii)
any other person who holds or occupies land
otherwise than as-- (a)
an asami, (b)
a sub-tenant, (c)
a tenant of sir, or (d)
a sirtan; (5)
"prescribed" means prescribed by
rules made under this Act; (6)
"Proclamation of Emergency" means
the Proclamation of Emergency issued by the President of India under clause (1)
of Article 352 of the Constitution of India on the 26th October, 1962; (7)
"rent" has the meaning assigned to
the expression in the U.P. Tenancy Act, 1939 (U.P. Act No. 13 of 1939), except
in the case of a khaikar where it means the land revenue plus the malikana
payable by him; (8)
"State Government" means the
Government of Uttar Pradesh; (9)
"Sub-Divisional Officer" means the
Sub-Divisional Officer of the sub-division in which the land is situate; (10)
"Tahsildar" means the Tahsildar of
the tahsil in which the land is situate; (11)
the expressions "hissedar" and
"sirtan" have the meanings assigned to them in the Kumaun and
Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 (U.P. Act no. XVII
of 1960); (12)
the expressions "grove",
"khudkasht", "permanent lessee in Avadh", "permanent
tenure holder", "sir" and "thekedar" have the meanings
assigned to them in the U.P. Tenancy Act, 1939 (U.P. Act no. XVII of 1939); (13)
the expressions "sub-proprietor"
and "under-proprietor" have the meanings assigned to them in the U.P.
Land Revenue Act, 1901 (U.P. Act no. II of 1901); and (14)
the expressions "agricultural year",
"bhumidhar", "sirdar", "asami" and
"proprietor", have the meanings assigned to them in the U.P.
Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act no. I of 1951). (1)
There shall be levied and paid for the
agricultural year commencing on the first day of July, 1965 and for each
subsequent agricultural year during which or part of which the Proclamation of
Emergency is in operation, a surcharge-- (a)
in the case of a bhumidhar or sirdar, on the
land revenue payable by him; (b)
in the case of an intermediary, on the land
revenue payable or deemed to be payable by him in respect of the land in Ms
personal cultivation or held by him as his grove or sir or khudkasht; and (c)
in the case of any other land-holder, on the
rent payable or deemed to be payable by him, at the rate of one-fourth of such
land revenue or rent: Provided that the surcharge
shall not be payable by-- (i)
a land-holder who, being engaged in the
defence of the country, has been permanently disabled in action forced by the
Chinese or the Pakistani aggression; or (ii)
the heirs of a land-holder killed in such
action; or (iii)
such other land-holder who is or has been
engaged in such combatant service as may be prescribed. (2)
For the purposes of this Act, the land
revenue or rent "deemed to be payable" shall be worked out in the
manner prescribed. The amount of surcharge on
land revenue payable by a land-holder shall be paid as land revenue and be
added to each instalment of the land revenue in the same proportion as such
instalment bears to the total demand of the land revenue for the agricultural
year. (1)
The amount of surcharge on rent payable or
deemed to be payable or on the land revenue deemed to be payable shall be
determined in every agricultural year by the Tahsildar after making such
inquiry, if any, as he considers necessary, and be paid in two instalments. (2)
A notice of demand in respect of each
instalment shall be served on the land-holder by or under the authority of the
Tahsildar, as far as possible, by the end of November and May each agricultural
year. (3)
The land-holder may file objections before
the Tahsildar within fifteen days from the date of receipt of the notice under
sub-section (2) and the order of the Tahsildar on touch objections shall,
subject to the result of appeal, if any, be final sand not liable to be
questioned in any civil court. (4)
An appeal against an order of the Tahsildar
may be filed, within a month from the date of the order, before the
Sub-Divisional Officer who may pass thereon such order as he thinks fit. (5)
The amount payable under a notice of demand
shall be paid within fifteen days from the date of its receipt, and in case
objections are filed under sub-section (3), within fifteen days from the date
of the order of the Tahsildar thereon or of the order in appeal, as the case
may be. (6)
The surcharge on rent which is payable or
deemed to be payable or on land revenue which is deemed to be payable, if not
paid by the due date, shall be recoverable as arrears of land revenue. The State Government may, on
the occurrence of any agricultural calamity affecting crops, remit or suspend,
in such manner as may be prescribed, the whole or any part of the surcharge
payable in respect of any land the crop whereof is affected by such calamity. The surcharge on land
revenue or rent shall be a charge on the land to which such land revenue or
rent relates. The provisions of this Act
shall have effect notwithstanding anything inconsistent therewith in any law or
contract or grant. (1)
The State Government may, after previous
publication in the Gazette, make rules to carry out the purposes of this Act. (2)
All rules made under this Act shall, as soon
as may be after they are made, be laid before each House of the State
Legislature while it is in session or more than one successive sessions, and
shall, unless some later date is appointed by the State Government, take
effect, from the date of their publication in the Gazette, subject to such
modifications or annulments as the two Houses of the Legislature may agree to
make, so however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done thereunder.THE UTTAR PRADESH MALGUZARI TATHA LAGAN PAR APATIK ADHIBHAR ADHINIYAM,
1965
PREAMBLE
Section 2 – Definitions