UTTAR PRADESH ZAMINDARI ABOLITION AND LAND
REFORMS (AMENDMENT) ACT, 2004 THE UTTAR PRADESH
ZAMINDARI ABOLITION AND LAND REFORMS (AMENDMENT) ACT, 2004 [Act No. 27 of 2004] [20th August, 2004] An Act further to
amend the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. It
Is Hereby enacted in the Fifty-fifth Year of the Republic of India as
follows:-- This
Act may be called the Uttar Pradesh Zamindari Abolition and Land Reforms
(Amendment) Act, 2004. In
section 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950,
hereinafter referred to as the principal Act, clause (8-A) shall be omitted. In
section 122-C of the principal Act,-- (a) In sub-section (1) for the words "the
Scheduled Tribes" the words "the Scheduled Tribes and the other
backward classes and the persons of general category living below poverty
line" shall be substituted; (b) in sub-section (3),-- (i) for the words "the Scheduled Tribe"
whenever occurring, the words "Scheduled Tribe or other backward classes
or a person of general category living below poverty line" shall be
substituted; (ii) after clause (iii) the following clause shall be
inserted, namely:-- "(iv)
a person with disability residing in the village." (iii) Explanation III--shall be renumbered as explanation
IV and before explanation IV as so re-numbered the following explanation shall
be inserted namely:-- "Explanation
III--The expression "person with disability" shall mean a person with
any disabilities mentioned in clause (i) of section 2, of the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation)
Act, 1995 (Act no. 1 of 1996). (iv) after explanation IV the following explanation
shall be inserted, namely:-- "Explanation
V--The expression "persons of general category living below poverty line"
shall have the same meaning as in section 198." Section
168-A of the principal Act shall be omitted. In
section 169 of the principal Act, in sub-section (3) for the words "be in writing
and attested by two persons" the words "be in writing, attested by
two persons and registered" shall be substituted. In
section 171 of the principal Act, for sub-section (2) the following sub-section
shall be substituted, namely:-- "(2)
the following relatives of the male bhumidhar or asami are heirs subject to the
provisions of sub-section (1), namely :-- (a) widow and the male lineal descendant per stirps: Provided
that the widow and the son of a predeceased son how low-so-ever per stirps
shall inherit the share which would have devolved upon the predeceased son had
he been alive; (b)
mother
and father; (c)
unmarried
daughter, (d)
married
daughter, (e)
brother
and unmarried sister being respectively the son and the daughter of the same
father as the deceased; and son of a predeceased brother, the predeceased
brother having been the son of the same father as the deceased; (f)
son's
daughter, (g)
father's
mother and father's father, (h)
daughter's
son;0 (i)
married
sister, (j)
half
sister, being the daughter of the same father as the deceased; (k)
sister's
son; (l)
half
sister's son, the sister having been the daughter of the same father as the
deceased; (m)
brother's
son's son; (n)
mother's
mother's son; (o) father's father's son's son." Sections
178, 179, 180, 181 and 182 of the principal Act shall be omitted. In
section 195 of the principal Act for the word "Tahsildar" the words
"Assistant Collector incharge of the sub-division" shall be
substituted. In
section 197 of the principal Act, in sub-section (1) for the word
"Tehsildar" the words "Assistant Collector incharge of the
sub-division" shall be substituted In
section 198 of the principal Act,-- (a) in sub-section (1),-- (i) for the words "a Schedule Caste or Scheduled
Tribe" wherever occurring, the words" a Scheduled Caste, Scheduled
Tribe, other backward class or a person of general category living below
poverty line" shall be substituted; (ii) after Explanation (3) the following Explanations
shall be inserted, namely:-- "(4)
'other backward classes' means the backward classes of citizens Specified in
Schedule-I of the Uttar Pradesh Public Services (Reservation for Scheduled
Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (U.P. Act no. 4
of 1994). (5)
"persons of general category living below poverty line" means such
persons as may be determined from time to time by the State Government." (b)
in
sub-section (4) for the words "Assistant Collector incharges of the
sub-division" the word "Collector" shall be substituted: (c)
sub-section
(4-A) shall be omitted; (d)
in
sub-section (7) in clause (ii) for the words" Assistant Collector incharge
of the sub-division" the word "Collector" shall be substituted; (e)
for
sub-section (8) the following sub-section shall be substituted, namely:-- "(8)
Every order made by the Collector under sub-section (4) shall, subject to the
provisions of section 333, be final." It
is hereby declared that any transfer of a fragment which had become void under
section 168-A as it stood before the commencement of this Act shall be deemed
to have been vidable and any person may get such transfer validated by
depositing such fee and within such time and in such manner as may be notified
by the State Government: Provided
that the above provisions shall cease to be in force after expiry of one year
from the date of commencement of this Act.
Preamble - UTTAR PRADESH ZAMINDARI
ABOLITION AND LAND REFORMS (AMENDMENT) ACT, 2004PREAMBLE