Section 7 in The United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949
7. [ Privileges consequent upon the grant of declaration] [ Substituted by Section 6 of U.P Act VII of 1950] - [(1)] [ Renumbered by item 5 of Schedule IV of U.P. Act I of 1951] Upon the grant of the declaration under Section 6, the applicant shall with effect from the date of payment under Section 3, or deposit under sub-section (4) of Section 6, as the case may be, be entitled to the following privileges, that is to say -
(a)The applicant shall, notwithstanding anything in the United Provinces Tenancy Act, 1939, not be liable to ejectment in execution of any decree or order for ejectment or any decree for payment of arrears of rent.(i)Where the amount has been deposited under sub-section (2) of Section 3, from the holding or any portion thereof.(ii)Where the amount has been deposited under sub-section (2) of Section 3, from the holding or such portion thereof as shall be proportionate to his share in the holding.(b)Notwithstanding anything contained in any law or contract, the applicant or if it is a case to which sub-section (2) of Section 3 applies, all the tenants jointly of the holding, shall in respect of every instalment of rent falling due after the date aforesaid be liable pay on account of such instalment the amount which shall be equal to one-half of the amount payable, as the case may be, by the applicant or the tenants jointly and the balance shall be deemed, on the date on which the instalment falls due, to have been deposited by him or them with the State Government:Provided that in cases where the payment aforesaid is made on or before the 3lst day of December, 1949 the benefit of this clause shall extend to instalments falling due between first day of October, 1949 and thirty-first day of December, 1949:Provided further that in case where the payment aforesaid is made between the first day of January, 1950 and the 18th day of February, 1950, the tenants shall be liable to pay on account of the instalment falling due between the first day of October, 1949 and thirty-first day of December, 1949 an amount equal to three quarters of the amount payable and the remainder alone shall be deemed to have been deposited with the State Government]. [ Added by Section 5 of U.P. Act VII of 1950](c)The applicant shall, except as hereinafter excepted, be entitled, notwithstanding anything contained in the U.P. Tenancy Act, 1939, or any contract to bequeath by will or transfer by way of sale, simple mortgage or gift his interest in the holding or his share therein.Exception. - In cases falling under clause (ii) of sub-section (1) of Section 3, the privilege conferred by this clause shall not accrue until all the instalments have been paid in accordance with the said Section].(2)The principles contained in the provisos to sub-section (1) shall apply in respect of any instalments falling due on or after January 1, 1950 subject to such "alterations, modifications or adaptation, as the State Government may notify).[7-A. Declaration not to affect the share or interest in the holding. [ Add by item 6 of Schedule IV of U.P. Act I of 1951] - No person shall, by virtue of any declaration made under Section 6, be entitled to any larger share in the holding than to which he may have been otherwise entitled and notwithstanding the declaration the interest of any other tenant in the holding shall continue unaffected.][7-B. Recovery of the excess amount. - Where any person has, whether before or after the dale of grant of declaration under Section 7, paid to his land-holder on account of rent of the land in respect of which the declaration has been granted an amount in excess of the amount which he was liable to pay under clause (b) of the said section he may apply to Assistant Collector for the recovery of the excess amount.]
