State of Uttar Pradesh - Act
The U.P. Government Estates Thekedari Abolition Rules, 1960
UTTAR PRADESH
India
India
The U.P. Government Estates Thekedari Abolition Rules, 1960
Rule THE-U-P-GOVERNMENT-ESTATES-THEKEDARI-ABOLITION-RULES-1960 of 1960
- Published on 1 January 1960
- Commenced on 1 January 1960
- [This is the version of this document from 1 January 1960.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
2.
In these rules unless there is anything repugnant in the subject or context,-3. [Section 3].
- Upon the application of an order under Section 3 the Collector shall issue a proclamation in G.E.T.A. Form I appended hereto and cause the same to be published within the local limits of the area in respect of which any lease has been ordered to be determined, by posting copies of the proclamation on the notice board of his court, and the tahsil and at a conspicuous place in or near the village in which a land is held under the lease.If the Collector so directs the proclamation may also be made by beat of drum in each village in which land is held under the lease.4. [Sections 6 and 18 (2) (C)].
5. [Section 4 (f)].
- Immediately after publication of the Notification under Section 3 in respect of any lease, the Collector shall prepare and maintain in register in G.E.T.A. Form 2 showing the arrears of rent, cess, Agricultural Income Tax, holding tax and the amount due from the lessee under the Land Improvement Loans Act, 1883, and the Agricultural Loans Act, 1884, for any period prior to the date of determination.6. [Section 8 (c)].
- Before the preliminary publication of the compensation statement the Collector shall ensure that the amount of arrears due as shown in G.E.T.A. Form 2 and remaining unrealized is entered in the compensation statement in G.E.T.A. Form 15.7.
As soon as may be after the publication of the Notification under Section 3, the Collector shall intimate the Assessing Authority concerned under the Large Land Holdings Tax Act the names and the addresses of the lessees where leases have been determined and shall require the Assessing Authority concerned to furnish a statement in G.E.T.A. Form 12 in respect of the amount of holdings tax paid or to be paid by the lessee for the previous agricultural year, in respect of the land under the lease.8. [Section 9].
- As soon as may be after the publication of the Notification under Section 3, the Collector shall cause to be prepared the following statements regarding the lessee:9. [Section 10].
- The Collector shall after the statement of gross income in G.E.T.A. Form 8 has been prepared and after receipt of statement in G.E.T.A. Form 12, prepare a statement in G.E.T.A. Form 13 showing the share of lessee in the gross income together with his share in rent and cesses payable by him. The Collector shall then prepare for each lessee a statement in G.E.T.A. Form 14 of net income in respect of all land held by him.10. [Section 12].
- As soon as the statement of net income has been prepared the Collector shall ascertain the R. P. as defined in Section 11 by examination of the Patta Qabuliat or other records and prepare a compensation statement in G.E.T.A. Form 15. He shall thereafter cause a notice in G.E.T.A. Form 16 to be published in the Gazette. Copies of such notice shall be pasted at the notice board of the office of the Collector, at the tahsil or tahsils and also at a place of public resort in the village in which the land under the lease is situate.11. [Section 12].
- A copy of the aforesaid notice, together with a certified extract of the compensation statement in G.E.T.A. Form 15 shall be served on the lessee in the manner prescribed in the Code of Civil Procedure.11A.
Where the compensation has been determined but the person entitled to it dies before it is paid to him the Collector shall proceed to determine the legal representative of the deceased, and the compensation shall be paid to him.12. [Section 15].
- Where no objection referred to in Section 13 of the Act has been filed, the Collector shall after the expiry of the period of one month from the date of service of notice in G.E.T.A. Form 16 on the lessee, or the publication of the notice in the Gazette whichever is later, sign and date the statements, and affix his seal thereto in proof of the compensation statement having been made final.13. [Section 13].
- Where an objection referred to in Section 13 is received, the Collector shall forward the same to the District Judge together with a forwarding letter in G.E.T.A. Form 17 giving details of-14. [Section 14].
- The District Judge shall on receipt of the objection together with the report of the Collector in G.E.T.A. Form 17, fix a date for the hearing of objection and for taking evidence in support thereof, and give notice of the said date to the objector and the persons interested, if any, as reported by the Collector in the aforesaid Form. He may also, after recording the evidence led before him make such further enquiries as he may deem necessary in this connection, where after he may decide the question of title and may confirm, vary, increase or reduce the amount of compensation fixed by the Collector to whom a copy of the decree shall be forwarded.15.
The State Government shall be a party in proceedings before the Collector or the District Judge and every notice to be served on the State Government in proceedings before the District Judge may be served on the Collector or any authority nominated by the Collector.16.
The Collector shall on receipt of the copy of the order from the District Judge, amend, alter or modify the compensation statement, if necessary, and sign, date and affix his seal on the compensation statement in proof thereof having been made final, where after a copy of the final compensation statement in G.E.T.A. Form 18 shall be supplied to the lessee.17.
18. [Section 16].
- After the compensation statement has become final, the Collector shall make entries in the register in G.E.T.A. Form 19 and fix a date on which the lessee shall be called to receive the amount of compensation payable to him, notice for which shall be sent in G.E.T.A. Form 20.19.
The payment of compensation shall be made through voucher in G.E.T.A. Form 21.20.
Any arrears to be realized from the lessee shall be adjusted by book transfer in G.E.T.A. Form 22.21.
An intimation shall be sent by the Collector to the Treasury Officer in G.E.T.A. Form 24 in respect of voucher books used. The Treasury Officer shall send on each day when payment is made, an intimation in G.E.T.A. Form 23 to the Collector in respect of the payments made.22.
The Collector shall furnish in the first week of month to the Land Reforms Commissioner a statement in G.E.T.A. Form 25 showing the amount of compensation paid in cash together with the amount of adjustment, if any, made by deduction on account of Government dues.23. [Section 4 (b)].
- The Collector shall prepare a statement in G.E.T.A. Form 9 showing land held by the lessee in cases where the aggregate area of such land exceeds 30 acres. Thereafter, the Collector shall call upon the lessee, by notice in G.E.T.A. Form 10, to select the plots which he wishes to retain, the aggregate area whereof shall not exceed 30 acres. After taking into account the choice of the lessee, the Collector shall by order passed in G.E.T.A. Form 11, specify the plots which shall remain with the lessee as hereditary tenant and the plots which shall be deemed to be vacant land. Where the lessee does not turn or fails to select within the time allowed, the Collector shall, with due regard to the compactness of the holdings, specify the plots to be retained by the lessee by order in G.E.T.A. Form 11, which shall be served on the lessee.24. [Section 4 (b)].
25. [Section 14].
- The District Judge shall have all such powers, rights and privileges as are vested in a Civil Court on the occasion of any action in respect of the following matters:26.
A summons signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and compelling the production of documents.27.
Subject to the provisions of Appendix I, the provisions of the Indian Court Fees Act, 1870, the Code of Civil Procedure, 1908 and the Indian Limitation Act, 1908 shall apply to the proceedings under the Act.G.E.T.A. Form 1[See Rule 3]Form of ProclamationI ............................. Collector of district ......................... do hereby declare for the information of all persons present or claiming any right, title or interest in lease in respect of lands situate in the Mahals and the village described hereinafter that by virtue of Notification No. ................... dated .................... the leases described therein shall determine on .................... and I shall on the date aforesaid take charge of these lands on behalf of the Government of Uttar Pradesh.Be it known to all, therefore, that with effect from the date aforesaid, all rights, title and interest of the lessee in such land shall cease.With effect from the date aforesaid all rent, cesses and sayar in respect of land, the lease of which is thus determined, shall be payable to the State Government and not to the lessee and any payment made in contravention of this order shall not be a valid discharge of the person liable to pay the same.Signature .............................Date .....................................Seal of the Collector.G.E.T.A. Form 2[See Rule 5]Statement showing arrears of rent, cesses, taqavi and other dues recoverable from lessee on the date of determination of the lease-Tahsil ...................................... District ......................................| SI. No. | Name of lessee with parentage and residence | Village | Mahal | Nature of arrears | Amount of arrears on the date of determination oflease | Signature of Collector with date | Remarks | ||
| Principal | Interest | Total | |||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
| SI. No. | Khewat khata No. | Name of lessee with parentage and residence | Khatauni khata No. | Khasra No. of plots | Area of plots |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Class of soil | Rent rate applicable | Valuation | Total rent of khata khatauni | Signature of Collector with date | Remarks |
| 7 | 8 | 9 | 10 | 11 | 12 |
| SI. No. | No. of Khewat khata | Khatauni khata No. | Class of tenancy | Name of tenant with parentage and residence | Khasra No. of plots | Area |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Class of soil | Rent rate applicable according to Section9(a)(ii) | Cash rent commuted | Total rent of khata khatauni | Order of Collector | Remarks |
| 8 | 9 | 10 | 11 | 12 | 13 |
| SI. No. | No. of Khewat khata | Khatauni khata No. | Class of tenancy | Name of tenant with parentage and residence | Khasra No. of plots | Area |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Class of soil | Rent rate applicable according to Section9(a)(ii) | Cash rent determined | Total rent of khata khatauni | Order of Collector | Remarks |
| 8 | 9 | 10 | 11 | 12 | 13 |
| SI. No. | Khata Khewat | No. of years for which lease held | No. of years for which sayar income is to beascertained | Total sayar income for the year in column 4 | Average sayar income Col. 5/Col. 4 | Order of Collector |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Khata khewat number | Total cash rent including cesses and other duesin Part I of the khatauni payable to lessee | Income from sayar | Col. 2 minus Col. 3 | Signature of Collector | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 |
| No. of khata khewat | Cash rent, cess and other dues entered in Col. 4of G.E.T.A. Form 7 | Rent of land in personal cultivation of lesse(Col. 10 of G.E.T.A. Form 3) | Grain rent commuted to money rent (Col. 11 ofForm 4) | Rent determined in respect of unrented holdings(Col. 11 of G.E.T.A. Form 5) | Sayar income (G.E.T.A. Form 6) | Total of Cols. 2 to 6 |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| SI. No. | Name of lessee | Tahsil | Village | Mahal | Khata khatauni No. | Plot No. | Area of the plot | Total area held by lessee | Signature of Collector | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| Seal of the Court of Collector. | ...................................... |
| Signature of Collector | |
| Date................................. |
| Tahsil | Village | Plot No. | Area | Rent |
| 1 | 2 | 3 | 4 | 5 |
| Tahsil | Village | Plot No. | Area |
| 1 | 2 | 3 | 4 |
| Name of lessee assessee | Valuation of land holdings in year... Fasli....on which tax assessed in.... Fasli, under Section 5 of the L.L.H.Tax Act | Amount of tax | Valuation of land held under lease whichdetermined under Notification No.... dated.... | Proportionate amount of tax due on land in Col.(3x4)/2 | Signature of A.C. | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Khata khewat | Name, parentage and residence of lessee | Share of lessee in khata khewat | Gross income of khata khewat | Rent and cesses payable in respect of the khatakhewat | Lessee's share of rent and cesses | Signature of Collector | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| SI. No. | Name, parentage and residence of lessee | Tahsil | Village | Mahal | Khewat Khata | Gross income of lessee in the khewat khata | Rent and cesses payable by the lessee for thekhewat khata |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Cost of management and irrecoverable at 25 percent of (Col. 7-8) | Holdings Tax as in G.E.T.A. Form 12 | Total of (Cols. 8 to 10) | Net income (Col. 7 minus Col. 11) | Signature of Collector | Remarks |
| 9 | 10 | 11 | 12 | 13 | 14 |
| Nature of arrears | Principal | Interest | Total |
| 1 | 2 | 3 | 4 |
| Seal of the Court. | Collector.......................................... |
| Date................................................. | |
| On Counterfoil. | (Addl. Items). |
| Name of lessee with parentage and residence | Leases situated in | ||
| Tahsil | Village | Mahal | |
| 1 | 2 | 3 | 4 |
| Seal of the Court | Signature of Collector. |
2. I consider that the persons interested in the above mentioned compensation statement are:
| Nature of arrears| Arrears duePrincipal interest| Total |
| SI. No. | Name of lessee with parentage and residence | Amount of provisional compensation | Final compensation as determined under Section 15 | |
| Amount | Date of determination | |||
| 1 | 2 | 3 | 4 | 5 |
| Signature of Collector | Interest on the amount in Col. 4 from the date ofdetermination of lease till the date of payment | Total compensation, Col. 4 plus Col. 7 | Arrears recoverable from compensation amount | Transfer credit account No. and date |
| 6 | 7 | 8 | 9 | 10 |
| Net cash payment, column 8 minus column 9 | Date and No. of voucher for cash payment | Date of encashment of voucher in Treasury | Signature of Collector | Remarks |
| 11 | 12 | 13 | 14 | 15 |
| Book No.......... Voucher No............... | Book No.......... Voucher No............... |
| Name, parentage and residence ofthe claimant.Compensation paid in respect ofleases in-Mahal...... Village...... Tahsil........ Serial No. of column1 of register in G.E.T.A. Form 19....... Amount payable in cash(in words)......... Rs. ...... | Head of service chargeable.Voucher No........... of list ofpaymentReceived this......dayof.....19..... the sum of Rs....... being the amount due ascompensation in respect of the following lease rights.Name, parentage and address of the claimant.......Mahal.......... Village........ Tahsil........... SerialNo......... In register in G.E.T.A. Form 19. |
| Signature ofCollector...........Date.................. | Approved for Rs............... (inwords).................Date.................Signature ofCollector....................Claimant's signature and address. |
| Received voucher.........Signature ofRecipient...............Date............Signature of Treasury orsub-Treasury Officer...........Date.................. | Pay in cash Rs................(inwords) Rupees............... only...........Signature of Siaha Navis.Date.................Signature ofTahsildar...............Date................................. |
| Payable by Transfer Credit only. | Payable by Transfer Credit only. | |
| Voucher for adjustment of arrears | ||
| Book No............. Voucher No............... | Book No............. Voucher No............... | |
| Name, parentage and residence ofthe lessee. Adjustment made from compensation money................ Mahal.......... Village..........Tahsil........Serial No. of register in G.E.T.A.Form 19.Serial No of register in G.E.T.A. Form 2 | Head of service chargeable. Voucher No........ of list ofpayment. Received this......... day of...... the sum ofRs........ being the amount recoverable from the compensation inrespect of the following lease rights and adjusted by transfercredit to the head as hereinafter detailed. | |
| Amount payable by Transfer Credit on account of- | Name, parentage and address of the lessee..........Mahal............ Village.......... Tahsil.............. | |
| Rs. | Serial No. in register in G.E.T.A. Form No. 2. | |
| 1. | 1. Head of account Amount. | |
| 2. | 2. | |
| 3. | 3. | |
| 4. | 4. | |
| 5. | 5. | |
| 6. | 6. | Total |
| 7. | Approved for Rs.....................Tahsildar- | |
| 8. | Collector...................... | |
| Date........................... | ||
| Total | ||
| Received voucher | Pay by transfer credit Rs............. (in words) | |
| Date............... | Rupees.................as follows: | |
| Head of account | Amount | |
| Siaha Navis | Treasury or Sub-Treasury Officer. | |
| Date............... | Date................... |
| Treasury Sub-Treasury | District | ||||
| Date of encashment | Book and Serial No. of voucher | Sub-Treasury Voucher No. | Amount paid | Signature of Sub-Treasury Officer | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Rs. |
| District ..................... | Month........................ |
| Name of Tahsil | Total amount paid by Transfer Credit | By cash payment |
| 1 | 2 | 3 |
| Rs. | Rs. | |
| 1. | ||
| 2. | ||
| 3. | ||
| 4. | ||
| 5. | ||
| 6. | ||
| 7. | ||
| 8. |
| Serial No. | Sections | Description of application or proceedings | Period of limitation | Time from which period begins to run | Proper court f |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1. | 2 | Application giving particulars of land which the lesseewishes to retain. | One month | From the date of service of notice in G.E.T.A. Form 12 | Nil. |
| 2. | 13 | Objection against the compensation statement. | Ditto | From the date of publication in the Gazette or service ofnotice on the lessee whichever is later | Re. 1 |
| 3. | 16 | Application for the substitution of legal heirs. | None | None | Nil |