Section 6 in The United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949
6. Grant of declaration.
(1)Where the application is in proper form and duly presented, the Assistant Collector may, if he thinks fit, examine the applicant or any other person considered necessary by him regarding the merits of the case or the details of the plot or plots in respect of which the declartion is asked for.(2)If the Assistant Collector is, after examination, if any, under sub-section (1), satisfied that the applicant is prima facie entitled to the declaration and the amount deposited by him is not less than ten times the [rent payable by him in respect of his share in the holding] [ Added by Section 5 of U.P. Act VII of 1950], he shall grant (he same and in any case where the amount deposited is more than ten times rent aforesaid, direct the excess to be refunded.(3)If the Assistant Collector finds that the applicant is otherwise entitled to the declaration but (he amount deposited is less ten times the, 1[rent payable by him in respect of his share in (he holding), he shall infrom (he applicant (hat he may deposit the balance within the time allowed.(4)Where the balance has been deposited within the time allowed, the Assistant Collector shall grant the declaration.(5)Where the applicant fails to deposit the balance within the period allowed, the Assistant Collector may dismiss the application and direct that the amount, if any, deposited by the applicant be refunded to him.(6)In any case where the Assistant Collector is not satisfied that the applicant is a person belonging to any of the classes mentioned in Section 3, he shall dismiss the application and direct the refund of the amount deposited.(7)No application shall be rejected on the ground merely that it docs not fulfil the requirements of clause (b) of sub-section (I) or sub-section (2) of Section 5, but the Assistant Collector shall grant the applicant an opportunity to comply with the same.(8)[ In the case of a holding held jointly by two or more persons as tenants, the declaration shall -(a)where the amount has been deposited in accordance with sub-section (1) of Section 3, be granted in favour of the applicant only in respect of his proportionate share in the holding, and(b)where the amount has been deposited in accordance with sub-section (2) thereof, be granted in favour of all the co-tenants, jointly].(9)Where in the case of a holding held jointly by two or more persons, anyone of them has paid the amount on behalf of other or others, such other or others shall upon the grant of the declaration under sub-section (8) be liable to pay the former their share of the same.
