Section 60 in The U.P. Imposition Of Ceiling On Land Holdings Rules, 1961
60.
[Section 30]. - The period within which a tenure-holder must submit the statement to the Prescribed Authority in accordance with the provisions of Section 30 shall be ninety days, beginning from the date the land of the tenure-holder has become liable to be treated as surplus land under Section 29 :Provided, however, that in the case of a tenure-holder, who is a member of the Armed Forces (Military, Naval or Air Force) of the Union of India the period of submission of the said statement shall be 180 days.[x x x] [Omitted by notification No. 1-5-(8)/72-Revenue-1., dated 12.7.1973, published in U.I. Gazette, Extraordinary, dated 13.7.1973.][Chapter V] [Original Chapter III renumbered as Chapter V by notification No. 1583/1-A-626-60, dated 25.5.1962.] Miscellaneous[61] [Original Rules 20, 21, 22 under original Chapter III renumbered as Rules 61, 62 and 63 by notification No. 1583/1-A-626-60, dated 25.5.1962.]. [Section 33]. - In areas where no hereditary rates have been sanctioned, the hereditary rates shall be determined by the Prescribed Authority in the manner indicated below :(i)The incidence of rent of hereditary holdings for every pargana, in which villages having no sanctioned hereditary rates lie, shall be worked out by dividing the total cash rent payable immediately before the abolition of zamindari by hereditary tenants of those villages of the pargana where there are no sanctioned hereditary rates by the total rented area of such tenants.(ii)The incidence of rent of hereditary holdings for each village shall be calculated likewise, provided that in doing so, area and rent of those hereditary holdings the rents of which are inadequate shall be taken into account.Explanation.. - A holding, the rent whereof is 33½ per cent or more below the paragana incidence worked out under clause (i) shall be taken as carrying inadequate rents.(iii)The incidence of each village worked out under clause (ii) above increased by 20 per cent shall be taken as sanctioned hereditary rate for that village for wet areas; and incidence of rent of that village reduced by 10 per cent would be taken as sanctioned hereditary rate for dry areas.Explanation. - (1) For purposes of this clause the incidence of rent of a village shall -(a)In areas mentioned in clauses (c) to (f) of Section 337 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P Act No. I of 1951), where it exceeds the pargana incidence of rent worked out under clause (i), be deemed to be equal to it.(b)In the rest of Uttar Pradesh, where it exceeds an amount double the pargana incidence of rent worked out under clause (I) be deemed to be equal to such an amount.Explanation. - (2) Any land irrigated from a permanent source of irrigation in any of the three preceding years shall be treated as wet areas.(iv)If, in a village, there are no hereditary holdings or if all the hereditary holdings carry inadequate rents, the average of the incidence of rents of all villages adjacent to the village calculated in accordance with clause (ii) of this rule, shall be deemed to be the incidence of rent of the village worked out under the said clause :Provided that if such calculation is not possible in respect of any such adjacent village, it will be left out of calculation.[62] [Renumbered by notification No. 1583/1-A-626-60, dated 25.5.1962.]. For every settlement circle where marked changes envisaged in clause (ii) of sub-section (1) of Section 33 have taken place, the Board of Revenue may submit its proposals for modification of existing sanctioned hereditary rates to the Government in C.L.H. Form No. [37] [Substituted by notification No. 1583/1-A-626-60, dated 25.5.1962.] and the State Government may, by notification in the Gazette, modify the existing sanctioned hereditary rates for all or any kind of soil within that settlement circle to the extent warrant by the changes:Provided, howsoever, that the modification of rates for the same class of soil in the same settlement circle shall be as nearly uniform as may be possible and the rates so modified shall, in no case, be more than one-fifth of the produce value of the land.[63] [Renumbered by notification No. 1583/I-A-626-60, dated 25.5.1962.]. All documents, statements and registers maintained under the Act or these rules shall be open to inspection during such hours and subject to the conditions and on payment of fee prescribed in Chapter LVI of the Revenue Manual and any person shall be entitled to be furnished with a copy of such a document, statement of register or any portion thereof subject to the conditions and on payment of the fees prescribed in Chapter LX of that Manual :Provided that no Court fee shall be payable on applications for inspection and no inspection fee shall be charged for the inspection of C.L.H. Forms connected with the preparation of draft assessment rolls in cases where the inspection is made in response to the notice under Section 19.[64. [Section 2(d)]. - A court-fee of Rs. 15 shall be payable on every appeal to be filed under Section 13 or Section 21(2) by every person other than the State Government.
