Section 5 in Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960
5. Consequence of acquisition or modification under Section 4.
- When a notification under Section 4 has been published in the official Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set-forth shall, as from the beginning of the appointed date, ensue with respect to the area to which the notification relates (hereinafter called the notified area) namely:-(a)all rights, title, and interest of the hissedar in the khaikari land and its sub-soil in the notified areas including rights, if any, inmines and minerals shall cease and be vested in the State of Uttar Pradesh free from all encumbrances;(b)all grants and confirmations of title of or to khaikari land in the notified area, or of or to any right or privilege in respect of such land or its land revenue shall, whether liable to resumption or not determine;(c)all Gunths or Sadabr at grants in respect of khaikari land in the notified areas other than grants relating to the land revenue of khaikari or non-khaikari land, shall determine;(d)(i)all rents, cesses, and local rates payable in respect of the khaikari land for any period after the appointed date which, but for acquisition of rights, title and interest of the hissedar therein, would be payable to the hissedar, shall vest in and be payable to the State Government and not to the hissedar, and any payment made in contravention of this clause shall not be valid discharge of the persons liable to pay the same;(ii)where under an agreement or contract made before the appointed date any rent, cess or local rate for any period after the said date has been paid to or compounded or released by a hissedar, the same shall, notwithstanding the agreement or contract, be recoverable by the State Government from the hissedar and may, without prejudice to any other mode of recover, be realized by deducting the amount from compensation money payable to such hissedar under Section 25;(c)all arrears of revenue, cesses or order dues in respect of any khaikari land so acquired and due from the hissedar for any period prior to the appointed date shall continue to be recoverable from such hissdar and the same may, without prejudice to any other mode of recovery be realized by deducting the amount from the compensation money payable to such hissedar under Section 25(f)the rights, title, and interests of the hissedar in the khaikari land so acquired shall not be liable to attachment of sale in execution of any decree or other process of any court, civil or revenue, and any attachment existing at the appointed date or any order for attachment passed before such date shall, subject to the provisions of Section 73, of the Transfer of Property Act, 1882, cease to be in force;(g)no claim or liability enforceable or incurred before the appointed date by or against the hissedar for any money which is charged on or is secured by a mortgage of the khaikari land shall, except as provided in Section 73 of the Transfer of Property Act, 1882, be enforceable against such land;(h)(i)every mortgage with possession not being a mortgage made by khaikar thereof, existing on any khaikari land on the date immediately preceding the appointed date shall, to the extent of the amount seared on such land, be deemed, without prejudice to the rights of the State Government under Section 4, to have been substituted by a simple mortgage;(ii)notwithstanding anything contained in the mortgage deed or any other agreement, the amount declared due on a simple mortgage substituted under sub-clause (i) shall carry such rate of interest and from such date as may be prescribed;(i)all suits and proceedings of the nature to be prescribed pending in any court at the appoint date and all proceedings upon any decree or order passed in such suit or proceeding previous to the appointed date shall be stayed;(j)a thekedar shall cease to have any rights, title and interest in any khaikari land but where any such land was in his personal cultivation on the date immediately preceding the appointed date, he shall, with effect from the appointed date, become sirtan thereof, liable to pay rent to the landholder; and(k)except as hereinafter provided all mahals and their sub-divisions in a notified area existing on the date immediately preceding the appointed date and all engagement for the payment of land revenue or rent by a hissedur or order tenure-holder as such shall determine and cease to be in force.
