UTTARANCHAL (THE UTTAR PRADESH ZAMINDARI ABOLITION AND
LAND REFORMS ACT, 1950) (ADAPTATION AND MODIFICATION ORDER, 2001) (AMENDMENT)
ACT, 2003 THE UTTARANCHAL (THE UTTAR PRADESH ZAMINDARI ABOLITION AND LAND
REFORMS ACT, 1950) (ADAPTATION AND MODIFICATION ORDER, 2001) (AMENDMENT) ACT,
2003 [Act No. 29 of 2003] An Act to amend the Uttaranchal (The Uttar Pradesh Zamindari
Abolition and Land Reforms Act, 1950) Adaptation and Modification Order, 2001
in its application to the State of Uttaranchal Be it enacted in the
Fifty-fourth Year of the Republic of India as follows:-- (1)
This Act may be called the Uttaranchal (The Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950) (Adaptation and Modification
Order, 2001) (Amendment) Act, 2003. (2)
It extends to the whole of State of Uttaranchal except the areas
included and may be included from time to time in any Municipal Corporation,
Nagar Panchayat, Nagar Parishad and Cantonment Board limits. (3)
It shall come into force at once. A new Section 129-B shall
be added after Section 129-A of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 as follows-- "129-B. There shall
be, for the purposes of Section 154(4)(1)(a), 154(4)(2)(e), 154(4)(2)(f) and
154(4)(3) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(hereinafter referred to as the principal Act) following class of Bhumidhar,
i.e. to say-- (1) Bhumidhar
of special category.". A new Section 152-A shall
be added after Section 152 of the principal Act as follows:-- "152-A.--(1) A
bhumidhar with transferable rights may execute power of attorney for transfer
of land in favour of persons who are covered under Sections 171, 172, 174 or
175, and in case no such person is existing, such Power of Attorney may be
executed in favour of any other person with the prior permission of the
Collector of the district or of the Indian consulate in case of persons living
abroad. (2) A registered Power of Attorney
to sell the land executed on or before 12-9-2003 shall be valid if the sale
deed on the basis of such Power of Attorney is executed on or before 31-3-2004,
irrespective of any time limit provided in such Power of Attorney, unless
extended by the Collector of the district for reasons to be recorded in
writing.". Three new sub-sections (3),
(4) and (5) shall be added in Section 154 of the principal Act as follows:-- "(3) A bhumidhar with
transferable rights may sell his land to any of the categories of tenure
holders in the State of Uttaranchal as mentioned in Section 129 or such owner
of any immovable property in Uttaranchal who has acquired it on or before 12-9-2003
or to any member of the 'family', which means husband, his wife and their
children, including step or adopted children, and includes parents,
grandparents, brothers and unmarried, widowed, separated and divorced sisters
of such tenure holder of the owner, as the case may be. (4)
(1) (a) Subject to other restrictions and save as otherwise
provided in this Act, any person on behalf of his family (which means husband,
wife and minor children), even though he is not a tenure holder under Section
129 or the owner of any immovable property in Uttaranchal, may purchase land
not exceeding 500 sq mts in his lifetime without the permission; (b) A registered agreement
to sell the land executed on or before 12-9-2003 shall be valid if the sale
deed on the basis of such agreement is/executed on or before 31-3-2004,
irrespective of any time limit provided in the agreement, unless extended by
the Collector of the district for reasons to be recorded in writing. (2) ??Nothing in sub-section 154(3) shall be deemed
to prohibit the transfer of land by any person in favour of-- (a)
the State Government or Central Government or a Government
company, as defined in Section 617 of the Companies Act, 1956 or a Statutory
Body or Corporation or Board established by or under a Statute and owned and
controlled by the State or Central Government; (b)
a person who has become a non-tenure holder on account Of? (i)
acquisition of his land for any public purpose under the Land
Acquisition Act, 1894; or (ii)
vestment of his land in the tenants under this Act; (c) a
non-tenure holder who purchases or intends to purchase land for the
construction of a house or shop, or purchases a built-up house or shop from the
State Housing Board or from a Development Authority or from any other Statutory
Corporation set up under any State of Central enactment; (d) a person
who proposes to purchase land from a person in whose favour a layout plan has
been approved by the competent authority; (e)
a person or company according to Industrial Policy of Uttaranchal
in (i) Integrated Industrial Development Centre, (ii) Industrial Area, (iii)
Industrial Estates; (f) a person,
society or trust for religious purposes; (g) a
landless labourer of the Uttaranchal; or (h) a
landless person belonging to a Scheduled Caste or Scheduled Tribe of the
Uttaranchal; or (i) a village
artisan of the Uttaranchal; or (j)
a landless person carrying on an allied pursuit of the
Uttaranchal. (3) (a)
Subject to restrictions contained in Section 154, a person, society or
corporate body may purchase land for the following purposes, other than those
for Agriculture and Horticulture purposes, with the prior sanction of the
Government in the State of Uttaranchal as may be prescribed-- (i)
Medical or health purposes, if it conforms to the Health and
Population Policy of Uttaranchal; (ii)
Hotel, Lodge, Guest House, Restaurant, Bar, Spa, way side
amenities or resort, if it conforms to the Tourism Policy of the State; (iii)
Educational purposes, on the recommendations of the Department of
Education; (iv)
Cultural purposes; (v)
For industrial purposes in areas other than those mentioned in
Section 154(4)(2)(e) or for other purposes. (b) A person, society or
company may purchase land with prior sanction of the Collector of the district
for Agricultural or Horticultural purposes, as may be prescribed, on furnishing
an affidavit to the effect that such land will be used for Agricultural or
Horticultural purposes and for uses incidental to and connected with
Agriculture or Horticulture only. If the land use of such land as mentioned in
the Affidavit is changed, the said transfer shall be void and consequences of
Section 167 shall follow : Provided that a person who
is a non-tenure holder but purchases land either under Section 154(4)(1)(a),
154(4)(2)(e) and 154(4)(2)(f) or under the sanction granted under Section
154(4)(3) shall, irrespective of such purchase of land, continue to be a
bhumidhar of special category as provided under Section 129-B and such
bhumidhar shall be eligible to purchase land in future only with the
permission, of the State Government or Collector of the district as the case
may be : Provided further that such
bhumidhar may mortgage or hypothecate such land for obtaining loan from banks
and financial institutions or deriving any other benefit accruing from his
bhumidhari rights under Section 129 : Provided further that a
non-tenure holder who has purchased land under Section 154(4)(2)(e),
154(4)(2)(f) and who has purchased land under Section 154(4)(3) under the
sanction of Government of (sic or) Collector, as the case may be, shall put
land to such use for which the sanction has been granted within a period of two
years or further such period as may be allowed by the State Government for
reasons to be recorded in writing, to be counted from the date of registration
of sale deed and if he-fails to do so or diverts the use of the land for which
it was sanctioned or transfers the land by way of sale, gift or otherwise
except for the purpose for which it was purchased, such transfer shall be void
for the purpose of this Act, and consequences of Section 167 shall follow-- (5) ?Where,-- (a)
the Registrar or Sub-Registrar appointed under the Indian
Registration Act, 1908 before whom any document pertaining to transfer of land
is presented for registration comes to know or has reason to believe that the
transfer of land is in contravention of Section 154(3) or 154(4)(3); or (b)
a Revenue Officer either on an application submitted to him or on
receipt of any information from any source comes to know or has reason to
believe that the land has been transferred in contravention of the provisions
of Section 152-A, 154(3), 154(4)(2)(e), 154(4)(2)(f) or 154(4)(3), such
Sub-Registrar, Registrar or Revenue Officer, as the case may be, shall make a
reference to the Collector of the district, who shall determine whether the
transfer is in contravention of the provision of this Act in the manner
prescribed and the consequences of Section 167 shall follow in respect of every
transfer which is void; (c)
(1) The State Government may, either on the report of a Revenue
Officer or on an application by any person or of its own motion, call for the
records of any proceedings or case for the purpose of satisfying itself as to
the legality or propriety of such proceedings or order made therein and may
pass such order in relation thereto as it may think fit; (2) No order shall be
passed under this sub-section which adversely affects any person unless such
person has been given a reasonable opportunity of being heard. (1)
The Uttaranchal (The Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950) (Adaptation and Modification Order, 2001) (Amendment)
Ordinance, 2003 is hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken
under the provisions of the principal Act as mentioned by the Ordinance
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
this Act were in force at all material times.
Preamble - THE UTTARANCHAL (THE UTTAR PRADESH ZAMINDARI ABOLITION
AND LAND REFORMS ACT, 1950) (ADAPTATION AND MODIFICATION ORDER, 2001)
(AMENDMENT) ACT, 2003PREAMBLE