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[Cites 0, Cited by 0] [Section 71] [Entire Act]

State of Uttar Pradesh - Subsection

Section 71(6) in The U.P. Gram Sabha, Gram Panchayat and Bhumi Prabandhak Samiti Manual

(6)Prosecution for encroachment second time [Rule 115-G and Section 229-A, U.P.Z.A. & L.R. Act & Rules]. - (A) Without prejudice to the above proceeding, the Bhumi Prabandhak Samiti may prosecute the person, who inspite of being ejected under the said provisions encroaches the land again second time under Section 447 read with Section 441 of Indian Penal Code, 1860. Such crime of criminal trespass, which is cognizable, the Chairman of Samiti or duly authorised member thereof or Lekhpal as Secretary of Samiti may file First Information Report to the police.
(B)If the Samiti is satisfied that person has encroached on land second time and such person or any other person through him is in possession, both are liable to be prosecuted under said sub-para (A).
(C)If unruly or influential person has encroached on land vested in Gram Sabha first time, he is liable for prosecution under Section 447 of Indian Penal Code, 1860. In such cases, Samiti should issue formal notice specifying the date, by which unauthorised possession should be removed. If he fails to do so, action may be taken under above sub-para (A).