Section 117 in The U.P. Zamindari Abolition and Land Reforms Act, 1950
117. [ Vesting of certain lands, etc. in Gaon Sabhas and other Local Authorities.] [Substituted by U.P. Act No. 12 of 1965.]
(1)At any time after the publication of the notification referred to in Section 4. the State Government may [by general or special order to be published in the manner prescribed] [Substituted by U.P. Act No. 30 of 1975.], declare that as from a date to be specified in this behalf, all or any of the following things, namely-(i)lands, whether cultivable or otherwise, except lands for the time being comprised in any holding or grove;(ii)forests;(iii)trees, other than trees in a holding or on the boundary of a holding or in a grove or abadi',(iv)fisheries;(v)hats, bazars and melas, except hats, bazars and melas held on lands to which the provisions of Clauses (a) to (c) of sub-section (1) of Section 18 apply or on sites and areas referred to in Section 9; and(vi)tanks, ponds, private ferries, water channels, pathways and abadi site,-which had vested in the State under this Act, shall vest in a Gaon Sabha or any other local authority established for the whole or part of the village in which the said things are situate or partly in one such local authority (including a Gaon Sabha) and partly in another :Provided that it shall be lawful for the State Government to make the declaration aforesaid subject to such exceptions and conditions as may be [specified in such order] [Substituted by U.P. Act No. 30 of 1975.].(2)Notwithstanding anything contained in this Act or in any other law for the time being in force, the State Government may, [by general or special order to be published in the manner prescribed] [Substituted by U.P. Act No. 30 of 1975.], declare that as from a date to be specified in this behalf, all or any of the things specified in Clauses (i) to (vi) of sub-section (1) which after their vesting in the State under this Act, had been vested in a Gaon Sabha or any other local authority, either under this Act or under Section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, shall vest in any other local authority (including a Gaon Sabha) established for the whole or part of the village in which the said things are situate.(3)Where any declaration has been made under sub-section (1) or subsection (2) vesting any of the things specified in Clauses (i) to (vi) of sub-section (1) in any Gaon Sabha and the village or the part of the village in which that thing is situate lies outside the circle of the Gaon Sabha, such Gaon Sabha or its Land Management Committee shall in respect of that thing perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Act or the U.P. Panchayat Raj Act, 1947, on a Gaon Sabha or a Land Management Committee, as the case may be, as if that village or part of village also lay within that circle.(4)Where a declaration has been made under sub-section (1) or sub-section) vesting any of the things specified in Clauses (i) to (vi) of sub-section (1) in a local authority other than a Gaon Sabha and the village or the part of village in which the thing is situate is outside the limits of such local authority or where after any declaration is made under sub-section (1) or sub-section (2), the thing vests or as the case may be, had vested in a Nagar Mahapalika under Section 126 of the Uttar Pradesh Nagar Mahapalika Adhiniyam, 1959, such local authority shall in respect of that thing perform, discharge and exercise the functions, duties and powers assigned, imposed or conferred by or under this Act or the U.P. Panchayat Raj Act, 1947, on a Gaon Sabha or Land Management Committee :Provided that the local authority shall in the performance, discharge and exercise of its functions, duties and powers under this sub-section follow such procedure as may be prescribed.(5)Where any of the things specified in Clauses (i) to (vi) of sub-section (1) is vested in a local authority other than a Gaon Sabha the provisions of Sections 126 and 127 shall, subject to such exceptions and modifications, if any, as the State Government may specify in this behalf [by general or special order to be published in the manner prescribed] [Substituted by U.P. Act No. 30 of 1975.] apply, mutatis mutandis, to such local authority.(6)The State Government may at any time, [by general or special order to be published in the manner prescribed] [Substituted by U.P. Act No. 35 of 1976.], amend or cancel any [declaration, notification or order] [Substituted by U.P. Act No. 30 of 1975.] made in respect of any of the things aforesaid, whether generally or in the case of any Gaon Sabha or other local authority and resume such thing and whenever the State Government so resumes any such things, the Gaon Sabha or other local authority, as the case may be, shall be entitled to receive and be paid compensation on account only of the development, if any, effected by it in or over that things :Provided that the State Government may after such resumption make a fresh declaration under sub-section (1) or sub-section (2) vesting the thing resumed in the same or any other local authority (including a Gaon Sabha), and the provisions of sub-sections (3), (4) and (5), as the case may be, shall mutatis mutandis, apply to such declaration.
