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State of Uttar Pradesh - Section

Section 211 in The U.P. Zamindari Abolition and Land Reforms Act, 1950

211. [ Power to evict unauthorised occupants of land held by a member of Scheduled Tribe. [Inserted by U.P. Act No. 20 of 1982 (w.e.f. 03.06.1981).]

(1)Where any land held by a tenure-holder belonging to a Scheduled Tribe is in occupation of any person other than such tenure-holder, the Assistant Collector may, suo motu or on the application of such tenure-holder, put him in possession of such land after evicting the occupants and may, for that purpose use or cause to be used such force as may be considered necessary, anything to the contrary contained in this Act, notwithstanding.
(2)Where any person, after being evicted from any land under sub-section (1), re-occupies the land or any part thereof without any lawful authority, he shall be punishable with imprisonment for a term which may extend to two years but which shall not be less than three months and also with a fine which may extend to three thousand rupees but which shall not be less than one thousand rupees.
(3)Any Court convicting a person under sub-section (2) may make an order to put the tenure-holder in possession of such land after evicting the person summarily from such land or any part thereof and such person shall be liable to eviction without prejudice to any other action that may be taken against him under any other law for the time being in force.
(4)Every offence punishable under sub-section (2) shall be cognizable and non-bailable and notwithstanding anything contained in the Code of Criminal Procedure, 1973, may be tried summarily.
(5)For the purpose of speedy trial of offence, under this section, the State Government may, in consultation with the High Court, by notification constitute special Courts consisting of an officer not below the rank of Sub Divisional Magistrate, which shall, subject to the provisions of the Code of Criminal Procedure, 1973, exercise in relation to such offences the powers of Judicial Magistrate of the first class.]