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Section 10

The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956State Act of Uttarakhand · Act 11 of 1956

(1) Where no rent is paid in respect of any holding but is payable therefor or where rent is paid in kind or on the basis of an estimate or appraisement of the standing crop, or, on the basis of rates varying with the crop sown or partly in one of such ways and partly in another or other of such ways, or where in lieu of rent some sort of service is rendered, the settlement Officer shall, in the manner prescribed, determine the cash value of the rent payable or the service rendered by the tenant concerned :

Provided that rent so determined shall not exceed three times the land revenue assessable on the holding according to the incidence of land revenue in the khat in which the holding is situate.

(2) The Settlement Officer shall, in the prescribed manner, inform the zamindars as well as the tenants of the holdings concerned of the rent determined under sub-section (1).

(3) The rent determined under sub-section, (1) shall be payable with effect from the date fixed by the Commissioner under section 8 for the enforcement of the proposals as to the land revenue payable by each zamindar.

First Appeal 11. (1) An appeal shall lie under this chapter-

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

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

(2) For the purposes of this chapter, the word "order” includes a declaration under section 9 in respect of the land revenue payable by a Zamindar.

125 [The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 12-15] Second Appeal 12. A Second appeal shall lie to the Board from the orders passed by the Settlement Officer or the Commissioner in the following cases only:-

(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 any have produced error or defect in the decision of the case upon the merits.

Application of the provisions of sections 214 -217 and 220 of U.P. Act IV of 1901

13. The provisions of section 214, 215, 216, 217 and 220 of the U.P. Land Revenue Act, 1901 shall mutatis mutandis apply to an appeal under this Chapter as they apply to an appeal under the said Act.

Revision 14. The Board may call for the record of any case in which no appeal lies to the Board if the Officer by whom the case was decided appears to have exercised jurisdiction not vested in him by law or to have failed to exercise the jurisdiction so vested or to have acted in the exercise of his jurisdiction illegally or with substantial irregularity, and may pass such orders in the case as it thinks fit.

CHAPTER III* ACQUISITION OF INTERESTS INTERMEDIARIES AND ITS CONSEQUENCES Acquisition of rights, title and interests of intermediaries

Where this provision sits

ActThe Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956
Section10
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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