UTTAR PRADESH ZAMINDARI ABOLITION AND LAND REFORMS (AMENDMENT) ACT, 2002

UTTAR PRADESH ZAMINDARI ABOLITION AND LAND REFORMS (AMENDMENT) ACT, 2002

Preamble - UTTAR PRADESH ZAMINDARI ABOLITION AND LAND REFORMS (AMENDMENT) ACT, 2002

THE UTTAR PRADESH ZAMINDARI ABOLITION AND LAND REFORMS (AMENDMENT) ACT, 2002

[Act No. 11 of 2002]

[10th September, 2002]

PREAMBLE

An Act further to amend the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.

It is hereby enacted in the Fifty-third Year of the Republic of India as follows:-

Section 1 - Short title and commencement

(1)     This Act may be called the Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Act, 2002.

(2)     Sections 2, 3, 4, and 5, shall be deemed to have come into force on June 21, 2002, section 9 shall be deemed to have come into force on July 18, 2002, sections 6, 7, 8, and 10 shall come into force on July 20, 2002 and the remaining provisions shall come into force at once.

Section 2 - Amendment of section 122-B of U.P. Act no. 1 of 1951

In section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, hereinafter referred to as the principal Act,-

(a)      in sub-section (3) for the words "three months" the words "thirty days" shall be substituted;

(b)      in sub-section (4-F),-

(i)       for the word and figures "June 3, 1995" the word and figures "May 1, 2002" shall be substituted;

(ii)      for the words and figures, "it shall be deemed that he has been admitted as bhumidhar with non-transferable rights of that land under section 195," the words and figures "he shall be admitted as bhumidhar with non-transferable rights of that land under section 195 and it shall not be necessary for him to institute a suit for declaration of his rights as bhumidhar with non-transferable rights in that land" shall be substituted.

Section 3 - Amendment of section 123

In section 123 of the principal Act in sub-section (1) for the word and figures "June 3, 1995", the word and figures "May 1, 2002" shall be substituted.

Section 4 - Amendment of section 157-AA

In section 157-AA of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:-

"(5) A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period often years from the date of transfer in his favour."

Section 5 - Amendment of section 157-BB

In section 157-BB of the principal Act, after sub-section (4), the following sub-section shall be inserted, namely:-

"(5) A transferee of land under sub-section (1) shall have no right to transfer the land by way of sale, gift, mortgage or lease before the expiry of a period of ten years from the date of transfer in his favour."

Section 6 - Amendment of section 195

In section 195 of the principal Act for the words "Assistant Collector incharge of the sub-division" wherever occurring, the word "Tahsildar" shall be substituted.

Section 7 - Amendment of section 197

    In section 197 of the principal Act for the words "Assistant Collector incharge of the sub-division" wherever occurring, the word "Tahsildar" shall be substituted.

Section 8 - Amendment of section 198

In section 198 of the principal Act,-

(a)      in sub-section (4), for the word "Collector," the word "Assistant Collector incharge of the sub-division," shall substituted;

(b)      ?after sub-section (4) the following sub-section shall be inserted, namely:-

"(4-A) The Collector may on his own motion or on the application of any aggrieved person call for the record of any suit or proceeding under sub-section (4) decided by the Assistant Collector incharge of the sub-division for the purpose of satisfying himself as to the legality or propriety of any order passed in such suit or proceedings and if such Assistant Collector incharge of the sub-division appears to have-

(i)       exercised a jurisdiction not vested in it by law; or

(ii)      failed to exercise a jurisdiction so vested; or

(iii)     acted in the exercise of jurisdiction illegally or with material irregularity; the Collector may pass such order in the case as he thinks fit and every order passed by the Collector under this sub-section shall be final;

(c)      ?in sub-section (7), for the word "Collector", the words "Assistant Collector incharge of the sub-division" shall be substituted;

(d)      ?for sub-section (8) the following sub-section shall be substituted, namely:--

"(8) Every order made by the Assistant Collector incharge of the sub-division under sub-section (4) shall subject to the provisions of subsection (4-A) be final."

Section 9 - Amendment of section 198-A

In section 198-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 after sub-section (1), the following sub-sections shall be inserted, namely:--

"(1-A) Where any person, after being evicted under sub-section (1), re-occupies the land or any part thereof without lawful authority, the Assistant Collector shall, without prejudice to the proceeding under sub-section (2), direct such person to pay such damages to the allottee as he thinks fit considering the location and potentiality of the land and such other factors as may have bearing on the subject:

Provided that the amount of the damages shall not be less than five thousand rupees and not more than fifteen thousand rupees per hectare per year.

(1-B) A person aggrieved by an order the Assistant Collector under sub-section (1-A) may, within thirty days of such order, prefer an appeal before the Collector in such manner as may be prescribed and the order of the Collector shall be final.

(1-C) If the person directed to pay damages by the Assistant Collector under sub-section (1-A) or, by the Collector if an appeal is preferred under sub-section (1-B), fails to pay the same within the time fixed by the Assistant Collector or the Collector, as the case may be, it shall be recovered as arrears of land revenue and paid to the allottee."

Section 10 - Amendment of section 333

In section 333 of the principal Act, in sub-section (1), after the words "may call for the record of any suit or proceeding", the words "other than proceeding under sub-section (4-A) of section 198" shall be substituted.

Section 11 - Repeal and Saving

(1)     The Uttar Pradesh Zamindari Abolition and Land Reforms (Amendment) Ordinance, 2002 (U.P. Ordinance no. 4 of 2002), the Uttar Pradesh Zamindari Abolition and Land Reforms (Second Amendment) Ordinance, 2002 (U.P. Ordinance no. 15 of 2002) and the Uttar Pradesh Zamindari Abolition and Land Reforms (Third Amendment) Ordinance, 2002 (U.P. Ordinance no. 16 of 2002) are hereby repealed.

(2)     Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinances referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.