Bare Acts Live

Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960

(U.P. Act No. 13 of 1960)

Last Updated 20th December, 2019 [utr089]

Chapter I

Preliminary

(a) any estate or part thereof owned by the Central Government, State Government or any local authority or Cantonment Board;

(b) [any urban area as defined in the U.P. Urban Areas Zamindari Abolition and Land Reforms Act, 1956;]

(c) [***]

(d) village Mawakot (patti Motadhak) Balbharput alias Gosikhata Patti Sukhras), Dhara alias Dharaon, Jhirna Malla and Kothi Rao (Patti Garbwal Bhabhar) in the Garbwal District:

(1) "Collector" includes an Assistant Collector of the First Class empowered by the State Government by a notification in the official Gazette to discharge all or any of the functions of a Collector under this Act;

(2) "Compensation Commissioner" means the Compensation Commissioner referred to in Section 50;

(3) "Compensation Officer" means the Compensations officers appointed under section 50;

(4) "existing law means the law in force in Kumaun and Garhwal Divisions on the date immediately preceding the date of commencement of this sections and includes any ordinance, order, bye-law, rule, regulation notification, custom or usage having the force of law,

(5) Gunth or Sadabrat grant shall include grant or other similar assignment of land revenue in favour of a temple or diety or a religious or charitable institution made by the State Government or any of its predecessor Government and which was in operation on the date immediately preceding the date of notification under section4;

(6) "hissedar" shall have the meaning assigned to it in the existing law relating to land tenure applicable to Kumaun and Garhwal Divisions and includes the following:

(i) Guzaredars of pargana Askot,

(ii) Holders of fee simple estates,

(iii) maharaja of Tehri in respect of land held by him as khudkasht on the date of merger of Tehri-Garhwal, as defined in the Tehri-Garhwal (Administration) Order, 1949, in Uttar Pradesh,

(iv) Sakalana Muafidars in Tehri-Garhwal (in respect of land held by them as their Khudhashi on the date of surrender of their proprietary and Mudfidar rights in 1948);

(v) the Muafidars of Padyargarn in Tehri-Garhwal,

(vi) a Maurusidar or a halband Muafidar in Tehri-Garhwal or Uttar Kashi in respect of that part of his land of which is held by a Khaikar;

(vii) a Jagirdar or a soldier's settlement estate, and

(viii) an allottee of land in the Dunagiri Colonization area in the Almora District who has purchased hissedari rights before the appointed date.

(7) "Khaikar" shall have the meaning assigned to it in the existing law relating to land tenures applicable to Kumaun and Garhwal Divisions and includes a Maurusidar or a halbandi Muafidar in Tehri-Garhwal or Uttar Kashi in respect of that part of his land which is not held by a khaikar;

(8) "Khaikarl land" means land held by a khaikar and includes "Gaon Sanjait"

(9) ["Kumaun Division" means the districts of Naini Tal, Almora and Pithoragarh;]

(9A) ['Garhwal Division' means the districts of Tehri-Garhwal, Garhwal, Uttar Kashi and Chamoli;]

(10) "land" means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming but shall not include a forest;

(11) "mine" shall have the meaning assigned to it in the U.P. Zamindari Abolition and Land Reforms Act, 1950;

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

(13) "previous agricultural year" means the agricultural year immediately preceding that in which, the appointed date falls;

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

(15) "thekedar" means lessee of the rights in khaikari land of a hissedar;

(16) words and expressions, "cess", "fee simple estate", "Gaon Sanjait", "Gharpadhan", "Grove", "Grove land", "Grove-holder", "land revenue", "Pradhan", "Pandhanchari land", "rent","sirtan", "thokdar", and "thkdari land" used in this Act shall have the meaning assigned to them in the existing law relating to land tenures applicable to Kumaun and Garhwal Division [****];

(17) words and expressions "Assistant Collector","Assistant Collector Incharge of a sub-division", and "mehal", used in this Act shall have the meaning assigned to them in the U.P. Land Revenue Act, 1901, as applicable to Kumaun and Garhwal Divisions.[;and]

(18) [references to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and to the U.P. Land Revenue Act, 1901 or to rules framed thereunder shall be construed respectively as references to the said Acts or rules as amended from time to time, and references to enactments relating to acquisition of land for a public purpose shall be construed as references to those enactments as amended from time to time in their application to Uttar Pradesh.]

Chapater II

Acquisition and Modifications of Existing Rights in Land

(a) the rights, title and interests of hissedar in respect of khalkari land shall cease and vest, except as hereinafter provided, in the State gree from all encumbrances, and

(b) without prejudice to the provisions of clause (a) a tenure-holder in Kumaun or Uttarakhand shall in the land held by him as such possess the rights, title and interest (with the modifications or liabilities) provided by or under this Act.

(a) all rights, title, and interest of the hissedar in the khaikari land and its sub-soil in the notified areas including rights, if any, inmines and minerals shall cease and be vested in the State of Uttar Pradesh free from all encumbrances;

(b) all grants and confirmations of title of or to khaikari land in the notified area, or of or to any right or privilege in respect of such land or its land revenue shall, whether liable to resumption or not determine;

(c) all Gunths or Sadabr at grants in respect of khaikari land in the notified areas other than grants relating to the land revenue of khaikari or non-khaikari land, shall determine;

(d) (i) all rents, cesses, and local rates payable in respect of the khaikari land for any period after the appointed date which, but for acquisition of rights, title and interest of the hissedar therein, would be payable to the hissedar, shall vest in and be payable to the State Government and not to the hissedar, and any payment made in contravention of this clause shall not be valid discharge of the persons liable to pay the same;

(ii) where under an agreement or contract made before the appointed date any rent, cess or local rate for any period after the said date has been paid to or compounded or released by a hissedar, the same shall, notwithstanding the agreement or contract, be recoverable by the State Government from the hissedar and may, without prejudice to any other mode of recover, be realized by deducting the amount from compensation money payable to such hissedar under Section 25;

(c) all arrears of revenue, cesses or order dues in respect of any khaikari land so acquired and due from the hissedar for any period prior to the appointed date shall continue to be recoverable from such hissdar and the same may, without prejudice to any other mode of recovery be realized by deducting the amount from the compensation money payable to such hissedar under Section 25

(f) the rights, title, and interests of the hissedar in the khaikari land so acquired shall not be liable to attachment of 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;

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

(h) (i) every mortgage with possession not being a mortgage made by khaikar thereof, existing on any khaikari land on the date immediately preceding the appointed date shall, to the extent of the amount seared on such land, be deemed, without prejudice to the rights of the State Government under Section 4, to have been substituted by a simple mortgage;

(ii) notwithstanding anything contained in the mortgage deed or any other agreement, the amount declared due on a simple mortgage substituted under sub-clause (i) shall carry such rate of interest and from such date as may be prescribed;

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

(j) a thekedar shall cease to have any rights, title and interest in any khaikari land but where any such land was in his personal cultivation on the date immediately preceding the appointed date, he shall, with effect from the appointed date, become sirtan thereof, liable to pay rent to the landholder; and

(k) except as hereinafter provided all mahals and their sub-divisions in a notified area existing on the date immediately preceding the appointed date and all engagement for the payment of land revenue or rent by a hissedur or order tenure-holder as such shall determine and cease to be in force.

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

(ii) being a bhumidhar, sirdar or asami of any land to continue to enjoy any easement or any similar right for the more beneficial enjoyment of the land, as he was enjoying on the date immediately proceeding the date of vesting;

(iii) to recover any arrears of rent, or order 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;

(iv) [***]

(v) to continue ot receive as heretofore any amount payable to him or any institution in pursuance of any Gunth or Sadabaral grant:

(a) his land other than khaikari land, and

(b) such portion of the Goon Sanjait land, not exceeding his share therein, as was in his personal cultivation or held as grove land in 1366-F,

(a) a sirtan holding from a hissedar; or

(b) a sirtan holding from a khaikar; or

(c) a mortgagee in actual possession of land mentioned in Section 8; or

(d) lessee of the rights of a hissedar in non-khaikar land and a lessee or sub-lessee mentioned in Section 34 of the Tehri-Garhwal Bhumi Sambandhi Adhikar Niyams, 1941 of the rights of a khaikar or those of a maursuidar in non-khaikari land having any land in his personal cultivation as such; or

(e) recorded as occupant of land held by a hissedar or a khaikar as such in the last revision of records made under Chapter IV of the U.P. Land Revenue Act, 1901; shall be called asami of the land and shall, subject to the provisions of this Act, be entitled to take or retain possession thereof.

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

(b) to enter upon any khaikari 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 hissedar;

(b) area of khaikari land which has been acquired under section 4;

(c) annual rental income of the hissdar from the khaikari land; and

[(cc) in the case of a private forest, the average annual income therefrom which shall be computed on the basis of the income from such forest for a period of twenty agricultural years immediately preceding the date of vesting;]

(d) such other particulars as may be prescribed.

(a) the rent payable by the khaikar-

(i) in caseh; or

(ii) where the rent is not payable in cash, the cash value of rent as commuted and determined in the manner prescribed; or

(iii) where no rent is payable or determined, the rent determined in the manner prescribed;

(b) rental value of the share of the hissedar in the Geon Sanjait land, excluding the land referred to in clause (b) or Section 8, computed with reference to rent payable by a khaikar in the manner prescribed.

(a) the premium, if any, paid at the commencement of the theka or the lease;

(b) the terms and conditions of the theka;

(c) loss, if any, caused to the thekedar as a result of the determination of the theka;

(d) the rental income and average annual income of the khaikari land and the private forest under the theka;]

(e) the amount payable annually by the thekedar;

(f) the fact that the rights of the hissedar which are being acquired were held by him in perpetuity while the rights of the thekedar are of a limited character; and

(g) such other matters as may be prescribed.

(a) is that the land is not khaikari land, the Compensation Officer shall frame an issue to that effect and sent 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 questions for determination to the District Judge.

(a) resumption of only so much land, not exceeding 2-5 nalis, shall be allowed as may be considered essential for the beneficial enjoyment of the residential house of the bhumidhar seeking resumption;

(b) no resumption of land shall be allowed to a bhumidhar who is already possessed of an area of 2.5 nalis or more adjoining his residential house, or whose the asami whose land is proposed to be resumed has an area of 2,5 nalis or less;

(c) not more than so much land shall be allowed to be resumed by a bhumidhar which, after including the area already held adjacent to his residential house, will exceed an area of 2.5 nalis;

(d) where an asami has his residential house either adjoining or within the land proposed to be resumed the bhumidhar shall be allowed to resume only so such of his land as may be left after carmarking an area of 2,5 nalis for the asami;

(e) not more than a total area of 2.5 nalis shall in any case, be allowed to be resumed in favour of one or more bhumidhars seeking resumption; and

(f) such other principles as may be prescribed.

Chapter III

Acquisition of Bhumidhari Rights By Asamis

(a) Where the bhumidhar; or if there are more than one bhumidhar; all of them were, on the date on which application is made under Section 31 person or persons belonging to any one or more of the classes mentioned in sub-section (1) of Section 157 of the U.P. Zamindari Abolition and Land Reforms, Act, 1950 (U.P. Act 1 of 1951), as modified in its application to Kumaun and Garhwal divisions, or

(c) where the land falls in any of the categories mentioned in Section 45, or

(c) where the land is grove land.

(a) in cash, or

(b) where in rent is not payable in cash, the cash value or rent as commuted and determined in the manner prescribed, or

(c) where no rent is payable or determined, the rent determined in the manner prescribed.

(a) every person who, on the date immediately preceding the specified date was an asami referred to in clauses (c) and (d) of Section 10 and sub-section (3) of Section 29 shall, with effect from the specified date become sirdar of the land referred to in Section 35 (hereinafter called the notified land), and held by him as such and shall have all the rights and be subject to all the liabilities conferred and imposed upon sirdars by or under this Act:

(b) every person, who, on the date immediately preceding the specified date, was an asami of the land referred to in clauses (c) and (d) of Section 10 and sub-section (3) of Section 29, shall, subject to the provisions of this Act, be entitled to retain possession thereof as such;

(c) the provisions of clauses (a), (b), (c), (d), (e), (f). (g), (h), and (i) of Section 5 and Section 6 shall mutatis mutandis apply as if for the expression "hissedar" "khaikari land", "appointed date", the expression "bhumidhar","notified land" and "specified date", have respectively been substituted.

(a) the name or names of the bhumidhar;

(b) area of land which has been acquired under Section 35;

(c) annual rental income of the bhumidhar form the land acquired under Section 35; and

(d) such other particulars, as may be prescribed.

(i) in cash, or

(ii) where the rent is not payable in cash, the cash value of rent as commuted and determined in the manner prescribed, or

(iii) where no rent is payable or determined, the rent determined in the manner prescribed.

Chapter IV

Land Management

(a) [bhumidhar with transferable rights;

(b) bhumidahar with non-transferable rights;]

(c) asami.

(d) every person who is 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) pasture lands or lands covered by water and used for the purpose of growing water crops or land in the bed of a river and used for casual or occasional cultivation;

(b) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the Gazette.

(c) land declared by the State Government by notification in the Gazette to be intended or set apart for taungya-plantation; and

(d) land held and occupied for a public purpose or a work of public utility, and declared as such by the State Government or acquired under the Land Acquisition Act, 1894 the U.P. Land Acquisition (Rehabilitation of Refugees) Act, 1948, the U.P. Acquisition of Property (Flood Relief) (Temporary Powers) Act, 1948, or any other enactment other than this Act, relating to acquisition of land for a public purposes.

(a) every person who becomes an asami under Section 10 or who, on the date immediately preceding the appointed date, was a sirtan or occupant of the land described in Section 45;

(b) every person who, in accordance with the provisions of this Act, is admitted by a bhumidhar or sirdar as a lease of land comprised in his holding;

(c) every person who on or after the appointed date is admitted by the Gaon Sabha or by the person entitled, as a lessee of land described in Section 45; and

(d) every person who in any other manner acquires the rights of an asami under or in accordance with the provisions of this Act or any other Act.

Chapter V

Miscellaneous

(i) Assistant Compensation Commissioner, and

(ii) Compensation Officers.

(i) the U.P. Agriculturists Relief Act, 1934;

(ii) the U.P. Regulation of Remissions Act, 1938;

(iii) the U.P. Land Utilization Act, 1947;

(iv) the Tehri-Garhwal Bhumi-Sambandhi Adhikar Niyams, 1941;

(v) the Kumaun Tenancy Rules framed under the Scheduled Districts Act of 1874, and

(vi) the Kumaun Agricultural Land (Miscellaneous Provisions) Act, 1954;

(a) direct that this Act or any provisions of the U.P. Land Revenue Act, 1901, applicable to the Kumaun and Garhwal Divisions or any other enactment relating to land tenure shall, during such limited period and in such areas, as may be specified in the Order, have effect, subject to such adaptations and modifications may be so specified;

(b) make such other temporary provisions for the purpose of removing any such difficulties as aforesaid as may be specified in the Order.

(a) the proceedings prior to the vesting of land and interests under Section 4;

(b) the disposal of suits and proceedings stayed under Section 5;

(c) the matters relating to the taking over of lands and interests under Section 11;

(d) the manner and the form in which the compensation statement shall be prepared under Section 18;

(e) the matters which are to be and may be prescribed.

(i) imposing limits of time within which things to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed;

(ii) the procedure to be followed in application, suits or other proceeding under this Act, in cases for which no specified provisions has been made herein;

(iii) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority;

(iv) the time within which applications and appeals and applications under this Act, in cases for which no specific provision in that behalf has been made herein;

(v) the fees to be paid in respect of suits, appeals and applications under this Act, in cases for which no specific provision in that behalf has been made herein;

(vi) the application of the provisions of the Limitations Act, 1963, to suits, applications, appeals and proceedings under this Act;

(vii) the delegation of powers conferred by this Act on the State Government or any other authority, officer or person; and

(viii) the transfer of proceedings from one authority or officer to another.