Appendice, 1954

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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R411UR • 14704 gni Gated Lfieknote, Aug. ust 22, 1991 IN pursuance of the provisions of clause (3)of Article 348 of the Constitution of indai the Governor is pleased to order the publication of the following English translation .01 the Uttar Pradesh :Bhumi Vidhi (Sanshodhan) Mhiniyam, 1991 (Uttar, Pradesh Adhiniyani Sankliya 30 of 1991) as passed I y the Uttar Pradesh Legislature and assented to by the Governor on Anbust 23, 1991.

THE UTTAR PRADESH LAND LAWS (AMENDMENT) ACT, 1991;.

. (U. P. Act No. 30 of 1991) ( As passed by the Uttar Pradesh Legislature) AN ACT furtlier to amend the Uttar Pradesh Zamindari Abolition and Land Refotnii Act, 1950 and the Uttar Pradesh Consolidation of Holdings Act, 1953' IT is nattny enacted "in the Forty-second Year of the Republie India as follows :— Preliminary

1. (1) This Act may bc called the Uttar Pradesh Land Laws (Amendment) Act, 1991.

(2) Sections 2 to 14 shall be deemed to have come into force on February 19, 1991. and the remaining provisions shall come into force at once. Amendment of the Uttar Pradesh Zamindari Abolition and Land Reforms . Act, 1950

2. In section 3 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, for clause (6-a), the following clause shall be substituted, namely :— "(6-a) 'Consolidated area' means the area in respect of which the final consolidation scheme has been enforced under section 24 of the Uttar Pradesh Consolidation of Holdings Act, 1953, and the notifica- tion under section 4 of that Act has not been cancelled under,section 6 of that Act in respect of such attar.

CHAP TER—III Amendment of the Uttar Pradesh Consolidation of Holdings Act, 1953

3. In section 3 of the Uttar Pradesh Consolidation. of Holdings Act., 1953, hereinafter in this chapter referred to as the principal Act— in clause (2-A), after the words and figures "the UttarPradesh Zamindari Abolition and Land Reforms Act, 1950" the words "or any other Law by which Zamindari System has been abolished" shall- be inserted ;

in clause (11), for the words "bhuniklhar or slider" the words "bhunddhar with transferable rights or bhumidhar with non-transferable rights" shall be substituted.

In section 4 of the principal Act, in sub-section (2), for clause (b), the following clause shall be substituted, namely "(b) Every such notification shall be published in the Gazette and . in a daily newspaper having circulation in the said area and shall also be published in each unit in the said area in such manner as may be considered appropriate".

In section 5 of the principal Act, in sub-section (1), in clause (0 sub-clause (ii) shall be omitted.

short title and commencement Amendment of section 3 of U. P. Aet . no. I of 1951 Amendment of section 3 of U. P. Act no. 5, of 1934 Amendment nt section 4 Amendment of section 5 6, In section 8 of the principal Act, in sub-section (2) after the words hc; wing the mistakes" the words, "undisputed cases of succession" shall inserted.

In section 9 of the principal Act, in sub-section (1), in clause (a), in nbause (ii), after the word "mistakes" the words ,",undisputed cases of ceession" shall be inserted.

8, n section 9-A of the principal Act, in sub-section (1), the following roils() shall be inserted at the end, namely :

p`Provided that where the Assistant Consolidation Officer, after 'making such enquiry as he .may deem necessary, is satisfied that 'a case of succession is undisputed, he shall dispose of the case on the 'basis of ;such enquiry."

9. In seetion 19-A of the principal Act, in sub-section (2) , after the ords "determining its Valuation",the word "any land belonging to the State Government, or" Shall be inserted.

10. iIn section,28 of the :principal Act,— in sub-section (1), for the words "may, within six months of the date on which the said Scheme has come into force, put the , tenure-holder or the Land Management Committee, as the case may be, in actual.physical possession of the chair or lands allotted to the applicant," the following words shall be substituted, namely :— "may, and where any land has been allotted to the State Govern- ment shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands,";

in sub-section (2), after the words "Land Management ;Coin- niittee" wherever they occur the words "or the State Government" . . shall be Inserted.

11. In section _29-B of the principal Act,—

(a) in sub-section;(1), in clause (a), — in sub-clause (0, for the word "bhumidhar" tile words rbhutnidhar with transferable rights" shall be substituted;

in sub-clause (ii), for the word "sirdar" the words "bhutnidhar with non-transferable rights" shall be substituted;

(b) in sub-section (3), for the words "bhumidhar or sirdar", the words "bluanidhar with transferable rights or bluttnidhar with non- transferable rights" ishall be substituted.

12. In section '29-C of the principal Act,— in sub-section (1), after the words •"vested in the Gaon Sabha" the following words shall be inserted, namely :— "in an area in which section 117 of the Uttar Pradesh Zamin- dad Abolition and Land Reforms Act, 1950 applies and in the State Government in any other area,";

in sub-section (2), after the words "apply to such land" the words "vested in the Gaon Sabha" shall be inserted.

13. In section 46 of the principal Act,—

(a) in the marginal heading, afetr the word csurv.ty" the words "Or bOundary" shall be inserted ;

Amendment of ‘ection 8 Amendment of section 9 Amendment of section 9-A Amendment of section 19-A Amendment of section 28 Amendment of section 29-3 Amen4recn1 of . section 2f.-.0 Anicod(11(tilt of section .46

(b) .in sub-section (I),• after the word "survey" the words ‘,0 boundary" shall be inserted and for the words "fifty"one thousand rupees" shall be substituted rupees" the 'mil ------r-i, following sub-section shall be inserted, namely :— ft In section 52 of the principal Act, after sub-section (I), the "(1-A) The notification issued under sub-section (I) shall be• published also in a daily newspaper having circulation in the area and in such other manner as may be considered proper." •

CHAPTER IV

Miscellaneous

15. (1) The Uttar Pradesh Land Laws (Amendmen.9 (Second) Prdi. nance, 1991 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the Acts referred to in Chapters 11 and III as amended by the Ordinance referred to in sub-section (I) or by the Uttar Pradesh Land Laws ( Amendment ) Ordinance, 199/ shall be deemed to have, been done or taken under the corresponding Provisions of the principal Acts, ,as amended by this Act, as if the provisions of this Act were in force at all ' material times.

By order, .

Sachir, Repeal and saving.

r.'

Provisions this appendice answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the Uttar Pradesh Consolidation of Holding Act, 1953