Section 126A in The United Provinces Tenancy Act, 1939
126A. Utilization of land in an emergency
. - (1) Notwithstanding anything contained in this Act or any other enactment for the time being in force, when the State Government is satisfied that an emergency has arisen in any area in Uttar Pradesh for bringing under cultivation land which is not grove-land and which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than one year, it may, by notification on the official Gazette, declare the date from which and the period for which the provisions of this section shall be in operation in such area.(2)When a declaration under sub-section (1) has been made in respect of any area, the Collector may, by means of a written notice, call upon the land-holder of any such land situated within such area, to let out for cultivation, within six months from the date of the service of such notice, such land in the manner and order of preference prescribed in the rules made by the Board in this behalf. Copies of the notice shall be fixed to the village chaupal or other public places in the village. If the land-holder satisfies the Collector that he has so let out the land, the provisions of sub-section (3) of Section 4 shall apply to a contract entered into between him and the tenant in respect of such land. In such proceedings, the Collector shall consider the claims, if any, put forward by a person claiming preference to satisfy himself whether the land-holder has actually let out the land in accordance with the rules. If the land-holder shows to the satisfaction of the Collector within one month from the date of the notice that the land is not capable of being utilized for agricultural purposes or that it is already being properly utilized, the Collector shall cancel the notice :Provided that where such land is in the possession of thekedar, the Collector shall issue notice to both the thekedar and the landlord :Provided also that the Collector may suspend the notice, if he is satisfied that the land-holder is making arrangements for the proper utilization of the land within the agricultural year next following the date of the notice, and if the whole or any part of the land is so utilized within the time the notice remains suspended, the Collector shall cancel the notice in respect of the whole or part of the land so utilized :Provided further that no notice shall be issued under this sub-section in respect of any land which was being used on or after the first day of January, 1940, as pasture land, threshing floor, irrigating tank or for some other purpose for the benefit of the public or a section of the public.(3)If the notice is neither complied with, nor cancelled-under subsection (2), the Collector shall, in accordance with the rules mentioned in subsection (2), let out such land to a tenant on a rent to be determined in accordance with the provisions of this Act, and the tenant to whom such land is let out shall be liable to pay such rent direct to the land-holder and shall, subject to the provisions of Section 30 become a hereditary tenant of such land.
