Section 12 in The United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949
12. Cancellation of the declaration.
(1)A declaration granted under Section 6 may, on the application of any person interested, be cancelled [or modified] [Instituted by Section 8 of U.P. Act VII of 1950] by the Assisant Collector for any of the case, namely:(a)that the declaration was obtained fraudulently by the making of a false suggestion, or by the concealment from the Assistant Collector of something material to the case;(b)that the declaration was obtained by means of an unture allegation of a fact essential in point of law to justify the grant thereof, though such allegation was made in ignorance or inadvertently;[ [Substituted by 3 of U.P. Act No. XXIII of 1951](c) that a decree or order passed by a competent court in a suit or other proceeding with respect to the holding for which the declaration has been granted shows that the applicant under Section 3, 3-A, 3-B or 3-C was not entitled to the declaration under Section 6.(2)Where the declaration is cancelled under sub-section (1) the-person who deposited the amount referred to in Section 3 shall be entitled to its refund:Provided that any amount paid in accordance with the provisions of this Act by the [State Government] [Substituted by the ALO 1950 for "Provincial Government"] as a result of the declaration shall be deducted from it.[12-A. Cancellation of the declaration in certain areas. [ Added by item 7 of Schedule IV of U.P. Act 1 of 1951] - Where an area has ceased to be part of Uttar Pradesh in pursuance of the Provinces and States (Absorption of Enclaves) Order, 1950 and a declaration under Section 6 had before the date of the commencement of the said order been granted to a person in respect of the area or portion thereof the declaration shall with effect from the said date be deemed to have been cancelled and the provisions of sub-section (2) of Section 12 shall apply thereto as if it had been cancelled under sub-section (1) of the said Section],[12-B. Failure to pay the instalment. - Where a declaration under Section 6 has been granted on an application made under clause (ii) or sub-section (1) of Section 3 and the applicant has failed to pay any instalments on or before the due date or the date extended under the proviso to sub-section (4) of Section 3 the declaration shall with effect from the date of default stand cancelled and the provisions of sub-section (2) of Section 12 shall apply as if, the declaration had been cancelled under sub- section (i) thereof and the following further proviso had been added:Provided that an amount equal to 5 per cent of the amount of deposit shall be deducted as incidental charges).
