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State of Uttar Pradesh - Section

Section 126 in The United Provinces Tenancy Act, 1939

126. Revision of rent and revenue when there is a sudden rise in prices or in an emergency

. - (1) Notwithstanding anything in this Act or in any other enactment for the time being in force, when the State Government is satisfied that owing to some extraordinary cause there has been a sudden and substantial rise in the price of agricultural produce or that an emergency has arisen within any specified area or areas, it may, with the previous approval of both Houses of Legislature, by notification in the official Gazette, appoint to such area or areas, an officer having powers not less than those of an Assistant Collector of the first class and invest him with all or any of the following powers, -(a)the powers of a Rent-rate Officer under this Act;(b)power to fix, commute, abate or enhance rents in accordance with the sanctioned rent-rates;(c)power, in an emergency, to abate rents summarily, otherwise than in accordance with such rent-rates.
(2)An officer invested with powers under this section may be invested with them generally or with reference to specified cases or classes or cases and shall have all the powers of a Record Officer under Chapter IV of the United Provinces Land Revenue Act, 1901.
(3)Nothing in this section shall apply to the rents payable by permanent tenure-holders or fixed-rate tenants.
(4)Every order settling or commuting rent under this section shall take effect from such date, nor preceding the beginning of the agricultural year next following the year in which the order was passed as the officer passing it may direct.
(5)The State Government shall invest the officer appointed under this section with the powers of Settlement Officer under Chapter V of the United Provinces Land Revenue Act, 1901, for the purpose of revising the revenue assessed on any mahal in which rents have been settled or commuted under this section.
(6)If as a result of the proceedings of the officer appointed under this section, the as sets of a mahal, calculated in accordance with the provisions of the United Provinces Land Revenue Act, 1901, are increased or decreased, such officer shall increase or decrease, as the case may be, the land revenue of such mahal in the proportion which such increased or decreased assets bear to the assets before such increase or decrease was made.
(7)An appeal against an order of the officer appointed under this section fixing, abating, enhancing or commuting rent shall lie to the Commissioner.
(8)Except as provided in sub-section (7), no order under this section shall be questioned in any civil or revenue Court.