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State of Uttar Pradesh - Section

Section 55A in U.P. Zamindari Abolition and Land Reforms Rules, 1952

55A. [ [Added by Notification No. 5468/I-A-1544-1953, dated 04.09.1953.]

(1)As and when the State Government directs, interim annuity shall be payable to waqfs, trusts or endowments which are for religious or charitable purpose.]
(2)An application for the award of interim annuity shall be presented to the Compensation Officer having jurisdiction, who shall determine the amount of annuity in the manner provided in these rules.
(3)A separate application for interim annuity shall be given in respect of each estate but if the application possesses interest in more than one estate situated in the same tahsil, a combined application for such estates may be given.
(4)An application for interim annuity shall contain all the necessary particulars entitling the applicant to such annuity including full specification of the estate, or estates, mahal, pargana, tahsil and district in which it is situate. In the case of a proprietor, it shall give details of the land revenue assessed and the share of the applicant and in the case of an intermediary other than a proprietor it shall give details of the rent of the holding and the share of the applicant.[The date on which and the name of the tahsil and district in which application for rehabilitation grant under Section 79 has been filed shall also be stated in the application for interim annuity. In case such application has not been filed, the reasons, for not doing so shall be stated.] [Added by Notification No. 558-RS/I-A-342-D57, dated 16.02.1959.]
(5)All such applications shall be duly verified in the manner provided for the verification of plaints in the Code of Civil Procedure.[(5-A) (i) If the application under Section 79 referred to in sub-rule (4) has been filed, the application for interim annuity shall be entertained by the Compensation Officer but payment thereon shall be made only after it has been allowed by the Compensation Commissioner under proviso to Rule 88-B.] [Added by Notification No. 558-RS/I-A-342-D57, dated 16.02.1959.]
(ii)In case the application under Section 79 has not been filed payment of interim annuity of the current instalment may be allowed but the payment of subsequent instalment(s) thereof shall be refused by the Compensation Officer who may advise the applicant to apply under Section 79 for the determination and payment of annuity:
Provided however, that if in any case the State Government is satisfied that the waqf, trust or endowment has sufficient justification for not filing the application under Section 79 till the next instalment of interim annuity fell due, it might allow the payment of the next instalment of the interim annuity.
(6)The interim annuity shall be calculated on the basis of the record of rights of the previous agricultural year and shall be an amount equal to [three-fourth] [Substituted by Notification No. 3266/I-A-l056-1954, dated 17.08.1954.],of the net assets of-
(i)estates set apart, used or intended to be used exclusively for the maintenance of an educational, religious or charitable institution.
(ii)the proportion of the net assets which was set apart, used or intended to be used exclusively for religious or charitable purpose, in the case of estates not covered by clause (i).
(7)[ The interim annuity shall be payable in two equal half-yearly instalments the first of which shall be payable from and after January 1, and the second from and after July 1, except that the interim annuity for the year from July 1, 1952 to June 30, 1953, shall be deemed to have become payable from and after February 1, 1953.] [Substituted by Notification No. 3266/I-A-1056-1954, dated 17.08.1954.]
(8)The interim annuity shall be paid in cash.
(9)The person in whose favour an order for the payment of interim annuity has been passed shall execute an agreement in Z.A Form 29-B.
(10)A register shall be maintained in Z.A. Form 32-A in which all entries in respect of payment of interim annuity shall be made
(11)The Treasury Officer shall intimate to the Compensation Officer in Z.A. Form 33-A the payment of interim annuity made.
(12)The amount paid as interim annuity shall be deducted from the annuity rehabilitation grant determined under Section 99.