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State of Uttar Pradesh - Section

Section 91A in U.P. Zamindari Abolition and Land Reforms Rules, 1952

91A. [ Section 105(2)(g). [Added by Notification No. 2221-R/I-A-1042-1956, dated 10.01.1956.]

- The following procedure shall be adopted for the determination of an eligibility to receive annuity :
(1)In the case of waqfs, trusts and endowments at sub-rule 1(a) of Rule 91 the amount of annuity shall be paid as provided in the rules, if any entry in the khewat exist.
(2)In the case of waqfs, trusts and endowments at sub-rule 1(b) of Rule 91, the deed shall be examined to ensure that the waqf, trust or endowment was created for charitable purposes only and such further enquiries may be made as may be considered necessary to determine whether or not the recognition of the waqf, trust or endowment should be withheld and in case of Rehabilitation Grants Officer arrives at the latter conclusion, he shall not determine annuity but report the case to the Collector who shall forward details in R.G. Form 21 together with reasons for recommending refusal of recognition to the Government through the [Compensation Commissioner]
(3)In the case of waqfs, trusts and endowments at sub-rule 11(a) of Rule 91, the registered deed of waqfs, trusts or endowments should be examined to ascertain the extent of charge. In case a registered deed does not exist or its contents are not clear, the orders of the assessing authority under Section 8 of the U.P. Agricultural Income fax Act, 1948, in case the intermediary7 on whose estate the waqf, trust or endowment was a charge was assessed to agricultural income-tax in any of the previous years, may be consulted and if the income so claimed to have been a charge was excluded or exempted from assessment under the said Act, the claim should be recognized to the extent of the proof so obtained. In addition to or in lieu of the orders of the assessing authority the notifications made under Section 5 of the U.P. Muslim Waqfs Act, 1936 (XIII of 1936) may be consulted and in case it was so published the claim should be recognized to the extent of the proof.
(4)In the case of waqfs, trusts and endowments at sub-rule II(b) of Rule 91, the registered deed under which the waqf, trust or endowment was created should be consulted and the same principles shall be observed as in sub-rule (3) above. If the contents of the deed are not clear or no deed exists or the deed cannot be produced, the claim should not be admitted unless otherwise proved through the pronouncement of a court of law or orders of Government.
(5)In the case of waqfs, trusts and endowments at sub-rule III of Rule 91, the deed shall be examined to ascertain the amount stipulated to be spent on religious and/or charitable purposes, as distinct from the amount stipulated to be spent on purposes other than religious or charitable. In case a registered deed does not exist or its contents are not clear, the orders of the assessing authority under Section 8 of the U.P. Agricultural Income Tax Act, 1948. may be consulted and in case the waqf, trust or endowment was assessed to agricultural income-tax (in view of part of the income being utilized for purposes other than the religious and/or charitable), and if the income claimed to have been spent on religious and/or charitable purposes was excluded or exempted from assessment under the said Act, the claim should be recognized to the extent of the proof so obtained In addition to or in lieu of the orders of the assessing authority the notification made under Section 5 of the U.P. Muslim Waqfs Act, 1936 (XII of 1936), may be consulted and in case waqf, trust, or endowment was so published, the claim should be recognized to the extent of the proof. Alter the proportion of the income set apart for expenditure on religious and/or charitable purposes to the total income has been ascertained, the Rehabilitation Grants Officer should proceed to distribute the net assets of the estate or estates, as the case may be, into two parts; one part being the portion of net assets for expenditure on religious and/or charitable purposes and the other being portion of net assets of waqf, trust or endowment for purposes other than religious or charitable. Annuity shall be payable on portion of net assets for expenditure on religious and/or charitable purposes. Rehabilitation grant shall be payable on the other portion.
(6)In the case of waqfs. trusts and endowments at sub-rule (4) of Rule 91, the same principles shall be observed for the determination of the income on which annuity is admissible as laid down in sub-rule (5) above.
(7)Once a claim relating to waqfs, trusts and endowments falling in categories II(a)(b) and IV of Rules 91 has been recognised as admissible the Rehabilitation Grants Officer shall call for the intermediary in whose name the estate is recorded and enquire from him whether he has any objection to the transfer of the estate or portion thereof to the waqfs, trust or endowment. In case the intermediary agrees, he shall obtain from the intermediary in writing the specification of the estates and shares therein and the extent of estates or shares thereof that the intermediary wishes to be deemed transferred to the waqf, trust or endowment. The written statement furnished by the intermediary shall be verified by him in the manner of the verification of plaints as prescribed in the Code of Civil Procedure.Explanation. - The transfer shall be deemed to the alienation in its entirety of the interest of the intermediary in the Zamindari Abolition Compensation as well as the rehabilitation grant pay able in respect of the estate or estates or part thereof, as the case may be. The transfer can be made of interest in estates or shares thereof and not of net assets for example a waqf, trust or endowment is entitled to receive an amount of Rs. 5,000 annually from the estate of an intermediary and the intermediary has three estates of which the net assets are as follows :
    Rs.
Estate number .. .. 1 .. .. 3,222
Ditto .. .. 2 .. .. 1,945
Ditto .. .. 3 .. .. 1,782
  Total .. .. 6,949
The intermediary may transfer interest in estate Nos. 1 and 3 or 2 and 3, or 1 in full and a portion of the remaining estate or estates in order to make up for the rest. It is not necessary that the amount of net assets should be exactly equivalent to Rs. 5,000. It may be less but cannot be more than the amount for which the waqf, trust or endowment is the charge-holder.]