(1) As soon as may be after the issue of the second notification referred to in section 3 in respect of an area, the State Government may, by notification published in the official Gazette, declare that as from a date to be specified therein, the rights, title and interest of all the intermediaries in the land in such area to be specified shall as from the beginning of the date to be specified (hereinafter called the appointed date), cease and vest, except as hereinafter, provided, in the State free from all encumbrances.
(2) It shall be lawful for the State Government if it so considers necessary, to issue, from time to time, the notification referred to in sub-section (1) in respect only of such khat or khats as may be specified and all the provisions of sub-section (1) shall be applicable to and in the case of every such notification .
* Enforced w.e.f, June 10, 1961 vide notification no. 88/IA·1934, dated June 6, 1961.
126 [The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 16] Consequences of acquisition of right, title and interest under section 15
16. Where a notification under section 15 has been published in the official Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall from the beginning of the appointed date ensue with respect to the land to which the notification relates (hereinafter called the notified land), namely:-
(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 tile 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 section73 of the Transfer of Property Act, 1882, be enforceable against such land or the tenant;
127 [The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 17-19]
(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 therein :
Provided that no decree for any arrear of rent or order for enactment in default or an arrear of rent shall be executed by ejectment of the judgment debtor from his holding; and
(h) all suits and proceeding 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.
Collector to take over land and interests vested in the State
17. Upon the publication of the notification under section 15, it shall be lawful for the Collector or any officer appointed by him in this behalf—
(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 or 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 specifies 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.
Intermediary entitled to receive compensation
18. Every intermediary whose rights, title or interest are acquired under section 15 shall be entitled to receive and be paid compensation as hereinafter provided.
Presumption regarding entries in the records prepared under U.P. Act VI of 1953
19. The records prepared in accordance with the provisions of the Jaunsar-Bawar Security of Tenants and Land Records Act, 1952, as modified under subsection (2) of section 5 shall for purposes of assessment and payment of compensation be deemed to describe correctly the rights, title and interest of every intermediary and tenant of the village to which such records relate.
128 [The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 20-24] Compensation Statement