UTTARAKHAND ZAMINDARI ABOLITION AND LAND REFORMS
(AMENDMENT) ACT, 2016 (Act No. 25 of 2016) THE UTTARAKHAND ZAMINDARI ABOLITION AND LAND REFORMS (AMENDMENT)
ACT, 2016 [Act No. 25 of 2016] An Act to amend the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 (as applicable to State of Uttarakhand) in it's application
to the State of Uttarakhand Be it enacted by the
Uttarakhand State Assembly in the 67th Year of the Republic of India as
follows-- (1)
This Act may be called the Uttarakhand Zamindari Abolition and
Land Reforms (Amendment) Act, 2016. (2)
It extends to the whole of the State of Uttarakhand. (3)
It shall come into force at once. In the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as
principal Act), after sub-section (3) of Section 2, a new sub-section (4) shall
be inserted as follows, namely-- "(4) The land of
Non-Zamindari Abolition obtained by denotification of forest land for the
purposes of non-forestry, unused barren and extended land from natural reasons
and the land obtained from any other reasons, in which this Act is not extended
then the State Government may extended for the commencement to the vest
provisions in this Act by notification and where it is necessary, the relevant
provisions of this Act shall be applicable suo-moto.". After clause (b) of
sub-section (1) of Section 156 of the Principal Act, a new clause (c) shall be
inserted as follows, namely-- "(c) (i)
Without prejudice to the restriction content in Section 157(a) and Section
157(b) of the principle Act, the land for the purposes of agriculture,
horticulture, herbs, unseasonal vegetables, medicinal and aromatic plants,
production of species, plantation, animal husbandry and milk production,
poultry farming and live stock proreation, apiculture, pisiculture and
agricultural processing may be leased for maximum period of 30 years with fixed
terms and conditions and leased the land to any person, Institution, Society,
Trust and self help finance groups, cash, crops or any part of the product may
be included in lease rent; (ii) On the expiration of
the term of the lease, lease may be renewed on the fresh terms and conditions.
The lease agreement may be registered under the Indian Registration Act, 1908
without any fee. Lessee has no right over the land other than those set forth
in the lease agreement. Any charge or interest of liability created by the
lessee during the lease period shall not be binding on the land owner after
expiry of the lease period; (iii) All fees and cess on
the leased land shall be paid by the land owner and shall responsible himself; (iv) The lessee shall be
entitled to obtain any agriculture loan, disaster assistance and any other prevalent
facility provided by central and State Government; (v) The lessee himself
shall be entitled for the crop insurance, calamity, assistance and any
promotional amounts or grants provided by State Government and Central
Government; (vi) During the lease
period the boundary of land, marks and survey identification of the boundary
neither be removed nor be damaged by the lessee; (vii) Regarding the leased
land, the lessee has no hereditary right, in case of death, incapability of
lessee during the lease period his legal successor shall be authorised to make
a fresh agreement for the agriculture and allied activities; (viii) The lesser shall
have right to cancelled the lease agreement on the expiration of the lease
period, lessee fails to pay the lease rent on agreed time, fails to comply with
the terms and conditions of lease agreement uses of lease land for the purpose
other than specified in the lease agreement, sub-lease the leased land and
damage cost to the land; (ix) The competent
authority or collector shall adjudicate the dispute with in a period 4 week and
thereafter if the orders does not comply with lessee or not vacate his/her
possession then collector shall vacate the land forcefully and revert the land
to the lesser with imposing a fine of Rs. 300 per day shall be recovered from
the date of the land vacation order; (x) No effect caused on the
status of lesser's land of any grant in aid and bank loans taken against the
leased property the lessee shall be responsible to pay such all types of pending
dues; (xi) In special
circumstances as mentioned in sub-section (viii), the lesser/lessee shall have
the right to cancel the lease with 3 months prior reasoned notice to pay with
all encumbrances. The District Magistrate shall act as an arbitrator in respect
of the leased property utilisation and enquired the actual position of the land
provided for specific purpose and shall recommend the leased land on annual
basis. If the District Magistrate is not satisfied with the optimum utilisation
of land in any situation, can be terminated the lease of the land with all
encumbrances. The lessee will obtained maximum 30 acres of land on lease
according the need of the purpose. In special circumstances if the government
land is situated in the middle of the leased land, the land shall allotted with
cost on lease with the permission of the State Government by the District
Magistrate. The lesser promote the local products, vegetables, pulses,
traditional crops and horticulture on preference the local citizens to provide
the opportunity of self employment. The local citizens will prefer in
employment excluding the specialised post of developed industry on the basis of
products on leased property. The State Government monitor the prescribed policy
regarding the distribution, sales and protection of the local products; (xii) The concerning
District Magistrate shall withdraw the lease forcefully and revert back the
land to lesser, in violation of the terms and conditions of the lease agreement
or on expiration of the terms of the lease. The small size of holdings of
several land owners shall accumulate up to that extent, that land can be
utilised for agriculture and its allied activities in beneficial stage or to
create employment in leased agriculture land in Uttarakhand; (xiii) If any difficulty
arise to implement the aforesaid provisions, the State Government can clear by
an order and also frame rules in connection of the lease.". In clause (b) of sub-section
(1) of 161 of the principle Act, shall be substituted as follows, namely-- "(b) Any Gaon Sabha or
local authority, lands for the time being vested in it under Section 117 with
prior permission of the State Government; Provided that no exchange shall
be made except with the permission of an Assistant Collector who shall refuse
permission if the difference between the rental value of land given in exchange
and of land received in exchange calculated at hereditary rates is more than 10
per cent of the lower rental value.".
Preamble - UTTARAKHAND ZAMINDARI ABOLITION AND LAND REFORMS
(AMENDMENT) ACT, 2016PREAMBLE