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Section 27

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

(1) Except as provided in sub-section (3) the compensation mentioned in the final compensation statement referred to in section 26 shall be paid in cash in one lump sum or in annual installments not exceeding ten as may be prescribed.

(2) The compensation shall be paid to the intermediary whose name is entered in the final compensation statement and where the intermediary dies before it is paid to him it shall be paid to his legal representatives.

(3) The provisions of section 69 and 70 of the U.P. Zarnindari Abolition and Land Reforms Act, 1950 shall mutatis mutandis apply to the payment of compensation under this Act.

Interest on compensation

28. The compensation mentioned in the final compensation statement referred to in section 26 shall be due as from the appointed date and there shall be paid by the State Government on such compensation interest at the rate of 2 ½ per centum per annum from the appointed date to the date of -- [(i) in the case of the amount to be paid in cash in one lump sum, the finalization of compensation statement under section 26; and] 1

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

CHAPTER IV* LAND MANAGEMENT Superintendence management and control of land

29. Subject to the provisions of this Act, a Gaon Sabha may, by notification in the official Gazette, be charged, as from the specified date, for and on behalf of the State Government, with the general superintendence, management, preservation and control of such lands and things (including forests and uncultivated land not belonging to any zamindar) as may be prescribed.

* Enforced w.e.f. February 8, 1963 vide notification no 398/I-A-2275-59, dated February I. 1963.

1. Subs. by section 2 of U. P. Act, No. 23 of 1961.

130 [The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 30-33] Application of sections 118 to 128 of U.P.

Act I of 1951

30. Where a Gaon Sabha has been charged with general superintendence, management, preservation and control of lands and things in any area under section 29, the provisions of sub-section (2) of section 118, and sections 119 to 128 of the U. P. Zarnindari Abolition and Land Reforms Act, 1950, and of the Rules connected therewith framed under section 128 shall apply to the Pargana but the State Government may by notification in the official Gazette make such adaptation, modification, alteration or exception, not affecting the substance, as may in its opinion appear necessary and any such adaptation, modification, alteration or exception shall not be questioned in any court of law.

CHAPTER V** LAND TENURE AND LAND REVENUE Classes of tenures

31. There shall be, for purposes of this Act, the following classes of tenureholders, namely:- [(a) bhumidhar with transferable rights ;

(b) bhumidhar with non-transferable rights ;]

1

(c) asami;

[(d) Government lessee.]

2 [Bhumidhar with transferable rights

32. Every person belonging to any of the following classes not being a person referred to in section 33, shall be called a bhumidhar with transferable rights, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act; namely-

(a) every person who was a bhumidhar immediately before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977;

(b) every person who immediately before the said date was a sirdar referred to in clause (a) Or clause (c) of section 33, as it stood immediately before the said date;

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

3 {(d) All such person of the whole Jaunsar-Bhawar sub division of District Dehradun who were in unauthorised possession of the category 4 land on or before the date of 30.06.1983 and presently having possession on this land, as per the procedure prescribed by the government.} Bhumidhar with nontransferable rights

33. Every person belonging to any of the following classes shall be called a bhumidhar with non-transferable rights, and shall have all the rights and be subject to all the liabilities conferred or imposed upon such bhumidhars by or under this Act; namely-

1. Subs. by s. 60 of U. P. Act 8 of 1977.

2. Added by section 15 of U.P. Act No. 24 of 1986.

** Enforced w.e.f. June 30, 1962 vide notification no. 1151/I-IA-110-62, dated June 19, 1962 .

3. Inserted by section 2 of Uttrakhand Act no 31 of 2020.

131 [The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956] [Section 34-36]

(a) every person admitted as a sirdar of any vacant land before the date of commencement of the Uttar Pradesh Land Laws (Amendment) Act, 1977;

(b) every person who in any other manner acquires on or after the said date, the rights 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 Yagan Act, 1952.]

1 Asami 34. (1) With effect from the date this Chapter comes into force every tenant of land belonging to any of the following classes shall, notwithstanding anything in any law, be called and be deemed to be an asami of the land --

(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 for casual or occasional cultivation;

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

(d) land held from a 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.

(2) Every person who is deemed to be an asami under sub­section (1) and every person who is admitted as an asami of vacant land or otherwise acquires the rights of an asami under and in accordance with the provisions of this Act shall have all the rights and be subject to all the liabilities conferred or imposed upon an asami by or under this Act.

Devolution 35. Where a bhumidhar, [* * *] 2 or asami dies, his interest in his holding shall, notwithstanding anything in this Act, continue to be governed in the matter of devolution, succession and inheritance by the law applicable to him, as if this Act had not been passed.

Application of the provisions of chapters VIII and X of U.P. Act of 1951

Where this provision sits

ActThe Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956
Section27
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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