THE UTTAR PRADESH RURAL
DEVELOPMENT (REQUISITIONING OF LAND) ACT, 1948[1] [
Act No. 27 of 1948] An Act to
provide for the requisitioning of land to pronote the improvement and
development of agriculture and economic condition in rural areas Whereas it is
expedient to requisition land required for the development of agriculture and
economic condition in rural areas and to prescribe an expeditious procedure for
the determination of compensation to be paid on account of such requisition; It is hereby enacted
as follows : (1)
This Act may be called
The [2][Uttar
Pradesh] Rural Development (Requisitioning of Land) Act, 1948. (2)
It shall extend to the whole
of [3][Uttar
Pradesh]. (3)
This section shall come into
force at once and the remaining sections shall come into force on such date[4] and
in such areas not being areas for the time being included in any municipality,
cantonment area or notified area as the [5][State
Government] may by notification in the official Gazette specify in this behalf. In this Act unless
there is anything repugnant in the subject or context,-- (1)
"Compensation
Officer" and "Requisitioning Authority" appointed as such by
general or special order by the [6][State
Government] provided that such person shall be the Collector or an Assistant
Collector nominated by the Collector; (2)
"Public purpose"
means for and in connection with any of the following subjects, that is to
say-- (i)
making, enlarging or
deepening of tanks for purposes of irrigation, (ii)
composing of village refuse
or preparation of any other form of manure, (iii)
construction of guls for
irrigation, (iv)
plant nurseries, (v)
any other object which
the [7][State
Government] may after publication in the Gazette and after considering any
objection or suggestion which may be received by notification[8] in
the Gazette declare essential for the development of agriculture or improvement
of the life of community in rural areas; (3)
"land" includes
tanks and things attached to the earth or (4)
"prescribed" means
prescribed by the rules made under this Act; (5)
[9]["State
Government"] means the Government of [10][Uttar
Pradesh]; (6)
the expression
"rent" and "sayar" shall have the meaning respectively
assigned to them in the United Provinces Tenancy Act, 1939. Note.-- In
exercise of the powers conferred by Clause (1) of Section 2 the State
Government has appointed-- (a)
all Tehsildars exercising
the powers of Assistant Collectors as Requisitioning Authority within their
respective tahsils to which they may be posted for the time being; and (b)
all Sub-Divisional Officers
exercising the powers of Assistant Collectors as Compensation Officers in the
areas of their respective sub-divisions--vide Noti. No. 236/XXXV-A-644-55.
dated January 22, 1960. If in the opinion of
a Requisitioning Authority it is necessary or expedient so to do for a public
purpose, it may, by order, requisition any land by serving on the owner and
occupier thereof and, when the owner or the occupier is not readily traceable,
or the ownership or the right to occupation of the land is in dispute, or owing
to the number of persons entitled as owner or occupier it is not reasonably
convenient to serve everyone of them separately, by publishing, in such manner
as may be specified in that behalf, a notice stating that the requisitioning
authority has decided to requisition it in pursuance of this section, and may
make such further orders including orders relating to the disposal, possession
and enjoyment of any trees and other crops of any person standing on such land
as appear to it, to be necessary or expedient in connection with the
requisitioning. Where any land has
been requisitioned under Section 3, the Requisitioning Authority or such other
authority as may be prescribed may use it in such manner as may appear to it to
be expedient for any public purpose. (1)
The Requisitioning Authority
may with a view to requisition any land under Section 3 or determining the
compensation therefor by order-- (a)
require any person to
furnish to such authority as may be specified in the order such information in
his possession relating to the property as may be so specified, and (b)
direct that the owner or the
occupier or person in possession of the land shall not, without the permission
of the authority making the order, dispose of it till the expiry of such period
as may be specified in the order. (2)
Without prejudice to the
powers conferred by sub-section (1) any person or authority appointed in this
behalf by the Requisitioning Authority may enter any land and inspect it for
the purpose of determining whether, and if so in what manner, an order under
Section 3 should be made in relation to such land, or with a view to securing
compliance with any order made under Section 3. A society or a union
registered under the Co-operative Societies Act, 1912, or a Gaon Sabha under
the United Provinces Panchayat Raj Act, 1947, may in the prescribed manner
apply to the Requisitioning Authority to requisition any land for a public
purpose specified in the application. If the Requisitioning
Authority, after such inquirty and in such manner as it may deem fit, is
satisfied that the land mentioned in the application under Section 6 is needed
and is suitable for a public purpose, it shall make a declaration to that
effect and except as provided in section 14 the same shall be final and
conclusive. Wherever any land
shall have been so declared under Section 7 to be needed or suitable for a
public purpose, the Requisitioning Authority may, subject to the general
control of the [11][State
Government], requisition such land and the provision of this Act, in so far as
they may be applicable, shall apply to such land. (1)
Where any land is
requisitioned under Section 3 there shall be paid to every person interested
such compensation as may be agreed upon in writing between such person and the
requisitioning authority in respect of-- (a)
the requisitioning of such
land, and (b)
any damage done during the
period of requisitioning to such land other than that which may have been
sustained by natural causes. Explanation.--For the
purposes of this sub-section the deepening of a tank, making of pits for
composting village refuse is not damage done to the land. (2)
Where no such agreement can
be reached, the Requisitioning Authority shall refer the matter with his
recommendation as to the amount of compensation and the reasons therefor to the
Compensation Officer and also direct the person claiming compensation to appear
before such officer on such date as may be specified and the Compensation
Officer shall, on the date fixed in the behalf or on any other date to which
the hearing may be postponed, hear such person and after such further inquiry
as he may deem fit, determine the amount of compensation which shall, except as
provided in Section 12, be final and conclusive. (3)
The Compensation Officer
shall in fixing the amount of compensation have regard to-- (a)
the rent, if any, assessed
on the land which has been requisitioned; (b)
the 'sayar' income, if any,
derived from such land; (c)
the value of any trees which
as a result of the requisition have to be removed from the land; and (d)
the purpose for which it has
been requisitioned and shall also take into consideration the benefit which the
use of such land is likely directly or indirectly to confer on any other
property owned or occupied by such person. But he shall not take into
consideration-- (i)
the value of trees, except
trees mentioned in Clause (c), which may continue to be possessed and enjoyed
by the person entitled thereto, (ii)
the value of any crops which
may be existing on the land at the time of the requisition and may be removed
by him after such time as the Requisitioning Authority may specify in that
behalf, (iii)
the value of any right to
any person in or over the requisitioned land enjoyment whereof has not been
suspended or other wise prohibited. (4)
The compensation fixed under
sub-section (1) determined under subsection (2) shall be paid in such manner as
the parties may agree or as the case may be, the Compensation Officer may
direct. (1)
Where any land requisitioned
under Section 3 or 8 is to be released from requisitioning, the Requisitioning
Authority may, after making such inquiry, if any, as it considers necessary,
specify by order in writing the person who appears to it to be entitled to the
possession of such land. (2)
The delivery of possession
of such land to the person specified in the order made under sub-section (1)
shall be a full discharge of any liability of the [12][State
of Government] to deliver possession to such person as may have rightful claim
to possession thereof but shall not prejudice any right in respect of law to
enforce against the person to whom possession of the land is so delivered. (3)
Where the person to whom the
possession of any land prequisitioned under Section 3 or 8 is to be delivered
cannot be found or is not readily traceable or has no agent or other person
empowered to accept delivery on his behalf, the [13][State
Government] shall publish in the official Gazette, a notice declaring that such
land is released from requisitioning and shall cause a copy thereof to be
affixed on some conspicuous part of such land. (4)
When a notice referred to in
sub-section (3) is published in the official Gazette, the land specified in
such notice shall cease to be subject to requisitioning on and from the date of
such publication and shall be deemed to have been delivered to the person
entitled to possession thereof. (5)
Upon delivery of possession
under sub-section (2) or (4), the [14][State
Government] shall, save as directed by any order made under Section 8, not be
liable for any compensation or other claims in respect of such land. The Requisitioning
Authority may vest the management and superintendence of any land requisitioned
under this Act in the Co-operative Society or the Union or the Gaon Sabha on
such terms and conditions as may be prescribed and any land so entrusted to any
society, union or Gaon Sabha shall be managed in such manner as may be
prescribed. The [15][State
Government] or the prescribed authority may review the order passed by the
Requisitioning Authority under Section 7 or by the Compensation Officer under sub-section
(2) of Section 9, if it is satisfied that grave injustice has been done to a
party. Any charges payable
to the [16][State
Government] by a Co-operative Society, Union or Gaon Sabha or the members
of such body under the provisions of this Act or the rules may be recovered
from the society, union or [17][Gram
Sabha] or their members, as the case may be, as arrears of land revenue. (1)
No order made in exercise of
any power conferred by or under this Act shall be called in question in any
Court except as provided in this Act. (2)
Where an order purports to
have been made and signed by any authority in exercise of any power conferred
under this Act a Court shall within the meaning of Indian Evidence Act, 1872,
presume that such order was so made by that Authority. (1)
Except as provided in this
Act no suit or other legal proceeding shall lie against any person for anything
which is in good faith done or intended to be done in pursuance of this Act or
any rules or orders made thereunder. (2)
No suit or other legal
proceeding shall lie against the [18][State
Government] for any damage caused or likely to be caused by anything in good
taith done or intended to be done in pursuance of this Act or any rule or order
made thereunder. (1)
The [19][State
Government] may make [20]rules
consistent with this Act for the purpose of carrying out the provisions of this
Act. (2)
In particular and without
prejudice to the generality of the foregoing powers such rules may prescribe-- (a)
the particulars which shall
be entered in any application for requisition made by a Co-operative Society or
Union or a [21][Gram
Sabha]; (b)
the procedure to be followed
in inquiries held by the Compensation Officer, or the Requisitioning Authority; (c)
the charges and the terms
and conditions subject to which the management and superintendence may be
vested in a Co-operative Society, union or [22][Gram
Sabha]; (d)
the manner and the
principles on which the rents and sayar may be determined in the case of
requisitioned land; (e)
the authority which can
review under Section 12 of the order passed by the Requisitioning Authority and
the procedure to be followed by it; and (f)
any other matter which is to
be or may be prescribed. [1]
Received the assent of the Governor on 29th May, 1948, under Section 75 of the
Government of India Act, 1935, as adapted by India (Provisional Construction)
Order, 1947, and was published in the U. P. Gazette (Extra.), dated 1st June,
1948. [2]
Substituted by A. 0.1950, for the words "United Provinces". [3]
Substituted by A. 0.1950, for the words "United Provinces". [4]
Sections 2 to 16 came into force w.e.f. June 1, 1948 in the whole of Uttar
Pradesh, except areas which are for the time being included in any
Municipality. Cantonment area or notified area vide Noti, No. 4419-R/D.
C-379-48, dated May 31, 1948, published in the U. P. Gazette (Extra.), dated
1st June, 1948. [5]
Substituted by A. 0.1950, for the words "Provincial Government". [6]
Substituted by A. 0.1950, for the words "Provincial Government". [7]
Substituted by A. 0.1950, for the words "Provincial Government". [8]
(a) For construction of drainage channels see Noti. No. 6114-R/XXII-C.D.
C-379-48, June 21, 1949, in U. P. Gazette, dated June 21,' 1949, Pt. I. p. 519. (b) For pasturage, see Noti. No.
10813-R/XII-C-D. C-379-1948, dated November 8, 1949, in U. P: Gazette, dated
November 19, 1949, Pt. I, p. 878. (c) For construction of syphons and culverts
see Noti. No. F-11269.XH-A, dated February 13, 1951, in U. P. Gazette, dated
February 17, 1951, Pt. I, p. 145. (d) For (a) laying of paths and roads, and
(b) establishing demonstration forms see Noti. No. 4685-R/D.C. 601-50, dated
December 7, 1951, in U. P. Gazette, dated December 17, 1951, Pt. I, p. 970. (e) For appointment of Collectors as
Requisitioning Authority, see Noti. No. 4418-R-D. C-379-48, dated May 31, 1948,
in U. P. Gazette (Extra.), dated June 1, 1948, p. 6. (f) For appointment of all Asstt. Collectors
of the first class-as Requisitioning Authority, see Noti. No. 4348-A-R/D.C.,
dated June 19, 1948, in U. P. Gazette, dated June 16, 1948, Pt. I. p. 417. [9]
Substituted by A. 0.1950, for the words "Provincial Government". [10]
Substituted by A. 0.1950, for the words "United Provinces". [11]
Substituted by A.O. 1950, for the words "Provincial Government". [12]
Substituted by A. 0.1950, for the words "Provincial Government". [13]
Substituted by A. 0.1950, for the words "Provincial Government". [14]
Substituted by A. 0.1950, for the words "Provincial Government". [15]
Substituted by A. 0.1950, for the words "Provincial Government". [16]
Substituted by A. 0.1950, for the words "Provincial Government". [17]
Substituted by U. P. Act No. 9 of 1994. [18]
Substituted by A. O.1950, for the words "Provincial Government". [19]
Substituted by A. O.1950, for the words "Provincial Government". [20]
Published vide Noti. No. 8250-R/D. C--379-1948, dated 28th September, 1948, in
U. P. Gazette (Extra.), dated 28th September, 1948 and Noti. No.
8473/R-XII-C-D-C. 379-48, dated 13th December, 1951, in U. P. Gazette, Part
1-A, dated 5th January, 1952. [21]
Substituted by U. P. Act No. 9 of 1994. [22]
Substituted by U. P. Act No. 9 of 1994.THE
UTTAR PRADESH RURAL DEVELOPMENT (REQUISITIONING OF LAND) ACT, 1948
PREAMBLE
Section 2 – Definitions
permanently fastened to anything attached to search;