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[Cites 0, Cited by 0] [Section 60] [Entire Act]

State of Uttar Pradesh - Subsection

Section 60(2) in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

(2)[(A) On the expiration of period of ten years, the lease of fishing and growing singhara in tanks/ponds vested in Gram Sabha can be granted for 10 years in favour of the same lessee. At the end of 10 years' period if the conduct of lease holder is found satisfactory, according to discretion of Collector for next five years with increase in yearly rent of 20 per cent:Provided that tanks/ponds of less than 0.5 acre shall be reserved exclusively for the use of community. If the ponds of more than 0.5 acre, the lease of which may be granted for fishing or growing singhara for ten years, was in continued use of public purposes such as washing of clothes, irrigation, digging out earth, etc. they shall be used like previously and a special mention will be made in the conditions of lease that lessee will not interfere in above continued use, if any.] [Amended by Notification No. 10-3-57 (9)/82-Rajasva-2, dated 24th April, 1990.]
(B)[ Above lease may be granted under the following preferential order: [Vide Notification No. 3736/1-2/95-Ra-2, dated 17th October, 1995.]
For area upto two heactares of tanks, ponds, fisheries For area larger than two hectares of ponds and fisheriestanks, and water channel
(a) To community of fishermen, Kewat, Nishad,Mullah, Bind, Dheemar, Kashyap, Vatham, Rayakwar, Manjhee,Godia, Kumhar, Tureha or Turaha, etc. (a) To cooperative Societies recognised byFisheries Department for the community of fishermen. Fisheriescooperative Society means such fish Professional CooperativeSocieties whose members are of fishery community under the U.P.Cooperative Societies Act, 1965.
(b) To fisheries comunity of concerned NyayaPanchayat which includes fishermen, Kewat, Mullah, Nishad, Bind,Dheevar, Dheemar, Kashyap, Watham, Rayakwar, Manjhee, Godia(Kahar), Turena or Turaha, etc. (b) Fishermen's Cooperative Society of concernedNyaya Panchayat Constituted under Cooperative Rules.
(c) To fishermen, Kewat, Mullah, Nishad, Bind,Dheevar, Dheemar, Kashyap, Watham, Rayakwar, Manjhee, Godia(Kahar), Tureha or Turaha, etc., of fishermen community of theconcerned Development Block. (c) To fishermen’s Cooperative Society of theconcerned Development Block, who are constituted and registeredunder Cooperative Rules.
    (d) To Co-operative Societies of fishermen’scommunity of the district, which is constituted and registeredunder Co-operative Rules.
    (e) To Fisheries Co-operatives of Provincialfishermen which is constituted and registered under CooperativeRules.
2(a) To persons belonging to the ScheduledCastes/Tribes of concerned Gram Sabha (a) To Co-operative Society of ScheduledCastes/Tribes of concerned Gram Sabha which has been constitutedand registered under Cooperative Rules.
(b) To persons of Scheduled Castes/Tribes of theconcerned Nyaya Panchayat (b) To Co-operative Societies of ScheduledCastes/Tribes of concerned Nyaya Panchayat, which is constitutedand registered under Co-operative Rules.
(c) To persons of Scheduled Castes/Tribes of theconcerned Development Block (c) To Co-operative Society of ScheduledCastes/Tribes of concerned Development Block which isconstituted and registered under Cooperative Rules.
3(a) To Co-operative Society of fishermen'scommunity which is constituted ana registered and is recognizedby Fisheries Department. (a) Other Co-operative Societies of concerned GramSabha which is constituted and registered under CooperativeRules.
(b) To Co-operative Society of fishermen of thearea of concerned Nyaya Panchayat which is constituted andregistered under Co-operative Rules (b) To other Co-operative Societies of concernedNyaya Panchayat which is constituted and registered underCo-operative Rules.
(c) To fihsermen's level concerned DevelopmentBlock which is constituted and registered under CooperativeRules (c) To other registered Cooperative Societies ofthe concerned Development Block which is constituted andregistered under Cooperative Rules.
4(a) To registered Co-operative Societies ofScheduled Castes/Scheduled Tribes of concerned Gram Sabha whichis constituted and registered under Cooperative Rules (a) To other district level registered Co-operativeSocieties of district level which is constituted and registeredunder Cooperative Rules.
(b) To registered Co-operative Societies ofScheduled Castes/Scheduled Tribes of concerned Nyaya Panchayatwhich is constituted and registered under Co-operative Rules.    
(c) To registered Co-operative Societies ofScheduled Castes/Scheduled Tribes of concerned Development Blockwhich is constituted and registered under Cooperative Rules.    
5. Provided that- 5. Provided that-
(i) lease may be given to any desirous person ofconcerned Gram Sabha failing which to desirous person ofconcerned Nyaya Panchayat; thereafter to any person of concernedDevelopment Block and thereafter to any person of districtconcerned; (i) lease may be given to any desirous registeredCooperative Society of concerned village failing which to NyayaPanchayat of concerned village, thereafter to concernedDevelopment Block and thereafter to Co-operative Society of thedistrict.
(ii) If there are more than one person/Societies inpreferential order then by way of application received from themby consideration of Samiti as according to poverty/need to whomlease may be determined; (ii) If there are more than one Societies inpreferential order then by way of application received from theSocieties as according to poverty/need to whom lease may bedetermined;
(iii) If in any case of auction sale stay order hasbeen granted then under that condition collector may arrange forfish hunting process on daily wages. (iii) If in any case of auction sale stay order hasbeen granted then under that condition Collector may arrange forfish hunting process on daily wages.]
(B-1) As far as possible, the proceedings for granting lease will be done through camps organised at Tahsil level. Exclusive publicity should be done for the above camps and in these camps, such person should be invited, who are eligible according to above mentioned Para 60 (2) (B). The Chairman of the concerned Bhumi Prabandhak Samiti and Secretary (Lekhpal), Tahsildar and Naib-Tahsildar will be present in the camps and lease will be granted by the Sub-Divisional Officer in consultation with the Bhumi Prabandhak Samiti. The Block Development Officer and Regional Assistant Director, Fisheries will be invited in these camps. If the Bhumi Prabandhak Samiti is unable to grant lease of any pond, or Sub-Divisional Officer considers necessary that to grant lease will be desirable, he may grant lease on his own motion without the proposal of the Bhumi Prabandhak Samiti.If works of improvement and fishing is not done by lessee within three years after the lease has been sanctioned, Collector will have right that he on his own motion or on being informed from other source after cancelling the lease may grant lease again. In this respect the order of District Magistrate will be final, which may not be challenged in any Court.
(C)The yearly rent of the lease should be fixed on the average income of last three years. If such ponds etc. are new, and if rent is unknown, rent should be fixed as determined by Fishery Department and until the rent are determined, the rent should be fixed at twice the amount of rent calculated at hereditary rates.