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The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956

(U.P. Act No. 11 of 1956)

Last Updated 3rd January, 2022 [up778]

Chapter I

Preliminary

(a) "Collector" means the Collector of Dehra Dun District and also includes an Assistant Collector of the First Class specially empowered by the State Government by notification in the official Gazette, to discharge all or any of the functions of the Collector under this Act;

(b) "Commissioner" means the Commissioner of the Meerut Division and also includes an Additional Commissioner, Meerut Division;

(c) "Current settlement" means the settlement of land revenue in force' in the Pargana on the date immediately preceding the date of commencement of Chapter I of this Act;

(d) "Tenant" means a person by whom rent is, or but for a contract express or implied would be payable;

(e) "intermediary" as respects any land means the zamindar of the land where the land is in the cultivation of a tenant but does not include zamindar of any land referred to in Section 34;

(f) "khag" means a sub-divisions of a khat;

(g) "khat" means a group of villages, treated at the current settlement as a single unit for assessment of land revenue and recorded as such in the settlement records;

(h) "law" includes any Ordinance, Order, Bye-Law, Rule, Regulation Notification, Custom or Usage having the force of law in the Pargana, on the date immediately preceding the date of commencement of Chapter I of this Act;

(i) "Pargana" means the Pargana of Jaunsar-Bawar in the district of Dehra Dun;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "State Government" means the Government of Uttar Pradesh;

(l) words and expression "Compensation Officer", "land", "lease", "legal representative", "proprietor", "village" and "Gaon Sabha", not herein defined but used, in the U.P. Zamindari Abolition and Land Reforms Act, 1950, shall have the same meaning assigned to them in that Act;

(m) words and expressions "grove", "holding", "rent" and "sayar" not herein defined but used in the U.P. Tenancy Act, 1939, shall have the meaning assigned to them in that Act;

(n) words and expressions "revenue", "Board" and "Tahsildar" not herein defined but used in the U. P. Land Revenue Act, 1901, shall have the meaning assigned to them in that Act; [* * *]

(o) "zamindar" means, as respects any land, the proprietor of land or of a share therein; [and]

[(p) references to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and to the U.P. Land Revenue Act, 1961 or to rules framed thereunder shall be construed respectively as references to the said Acts or rules as amended from time to time.]

Chapter II

Settlement

(a) the area of each holding;

(b) the name of the zamindar of the holding;

(c) the name of the cultivator of the holding;

(d) whether the land included in the holding falls under any of the classes specified in Section 34;

(e) class of soil of each of the plots comprised in each holding; and

(f) such other particulars as may be prescribed.

(1) name;

(2) the total area of holdings belonging to the zamindar;

(3) the area of holdings in the possession of tenant; and

(4) such other particulars as may be prescribed.

(a) to the Settlement Officer from an order passed by an Assistant Settlement Officer; and

(b) to the Commissioner from an order passed by a Settlement Officer.

(a) when the original order in appeal has been varied, cancelled or reversed; and

(b) on any of the following grounds, namely :

(i) the decision being contrary to some specified law;

(ii) the decision having failed to determine some material issue of law; and

(iii) a substantial error or defect in the procedure as prescribed by this Act, which may have produced error or defect in the decision of the case upon the merits.

Chapter III

Acquisition of Interests of Intermediaries and Its Consequences

(a) all rights, title and interest of the intermediary in the notified land shall cease and be vested in the State of Uttar Pradesh free from all encumbrances;

(b) all notified land held on the date immediately preceding the appointed date by any person as tenant shall be deemed to be settled by the State Government with such person who shall, subject to the provisions of this Act, be entitled to take or retain possession as a sirdar thereof;

(c) (i) all rents payable by the tenant in respect of the notified land for any period after the appointed date which, but for acquisition of rights, title and interest of the intermediary therein would be payable to the intermediary, shall vest in and be payable to the State Government and not to the intermediary, and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same;

(ii) where under an agreement or contract made before the appointed date any rent for any period after the said date has been paid to or compounded or released by the intermediary the same shall, notwithstanding the agreement or the contract, be recoverable by the State Government from the intermediary and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such intermediary under Section 21;

(d) all arrears of revenue due from the intermediary for any period prior to the appointed date shall continue to be recoverable from such intermediary and may without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation payable to such intermediary under Section 21;

(e) the rights, title and interest of the intermediary, so acquired shall not be liable to attachment or sale in execution of any decree or other process of any court, civil or revenue, and any attachment existing at the appointed date or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882, cease to be in force;

(f) no claim or liability enforceable or incurred before the appointed date by or against the intermediary for any money which is charged on or is secured by a mortgage of the notified land shall, except as provided in Section 73 of the Transfer of Property Act, 1882, be enforceable against such land of the tenant;

(g) nothing contained in this chapter shall in any way affect the right of any person-

(i) to continue to work any mines comprised in any notified land which shall be governed by law for the time being in force; and

(ii) to recover any arrears of rent, or other dues which accrued before the appointed date and the same shall, notwithstanding anything contained in this Act, be recoverable as heretofore by the person entitled thereto :

(h) all suits and proceedings of the nature to be prescribed pending in any court at the appointed date and all proceedings upon any decree or order passed in any such suit or proceeding previous to the appointed date shall be stayed.

(a) to take charge of any notified land and of all interests vested in the State under the provisions of this chapter, and to take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of the Collector the officer so appointed, be necessary for this purpose;

(b) to enter upon any land, acquired under the provisions of this chapter and make a survey or take measurement thereof or do any other act which he considers necessary for carrying out the purposes of this Act;

(c) to require any person to produce to such authority as may be specified any books, accounts or other documents relating to any such land or part thereof and to furnish to such authority such other information as may be specified or demanded; and

(d) if the books, accounts and other documents are not produced as required, to enter upon any land, and seize and take possession of such books, accounts and other documents.

(a) the name or names of the intermediary;

(b) rental income of the intermediary from the notified land; and

(c) such other particulars as may be prescribed.

(a) in cash; or

(b) where the rent is not payable in cash the cash value of rent payable as commuted and determined under Section 10.

(a) is that the land is not notified land the Compensation Officer shall frame an issue to that effect and refer it for disposal to the Assistant Collector in-charge of the sub-division;

(b) involves a question of title and such question has not already been determined by a competent Court, the Compensation Officer shall refer the question for determination to the District Judge.

[(i) in the case of the amount to be paid in each in one lump sum, the finalization of compensation statement under Section 16; and]

(ii) in the case of the amount to be paid in annual instalments, payment of the first instalment and thereafter on such amount as may remain outstanding from time to time till the date of payment of last instalment.

Chapter IV

Land Management

Chapter V

Land Tenure and Land Revenue

[(a) bhumidhar with transferable rights;

(b) bhumidhar with non-transferable rights;]

(c) asami;

[(d) Government lessee].

(c) every person who in any other manner acquires on or after the said date the rights of such a bhumidhar under or in accordance with the provisions of this Act].

(c) every person who is or has been allotted any land under the provisions of the Uttar Pradesh Bhoodan Yagna Act, 1952.]

(a) grove land;

(b) pasture land or land covered by water and used for purposes of growing any produce or land in the bed of a river and used or caused or occasional cultivation;

(c) land declared by the State Government by notification in the Official Gazette to be part of tract or shifting or unstable cultivation or to be intended or set apart from taungya plantation; and

(d) land held from zamindar or zamindars all of whom are persons of any one or more of the classes mentioned in clauses (a) to (g) of Section 157 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 as applicable to the Pargana.