Section 232 in The U.P. Zamindari Abolition and Land Reforms Act, 1950
232. Application for possession by adhivasi.
(1)An adhivasi to whom [Clause (b)] [Substituted by U.P. Act No. 16 of l953.] of Section 20 applies may, within thirty months from the date of vesting apply to the Assistant Collector-in-charge of the sub-division for putting him in possession of the land, of which he is the adhivasi.(2)The application shall contain such particulars as may be prescribed.(3)Upon the receipt of the application under sub-section (1) the Assistant Collector shall give notice thereof to the land-holder and any other person who may be in possession of the whole or any part of such land to appear on a date to be specified and show cause why an order directing the applicant to be put in possession of the land be not passed.(4)On the date fixed or on any other date to which the hearing may be adjourned the Assistant Collector shall, if after such inquiry, as may be prescribed, he is satisfied that the applicant is entitled to be put into possession, make an order to that effect.(5)[ Where any improvement as defined in the U.P. Tenancy Act, 1939 (U.P. Act No. 17 of 1939), was lawfully made before the date of vesting by any person on the land and such person is dispossessed from such land under sub-section (1), the Assistant Collector shall, at the time of making the order under subsection (4) direct compensation to be paid to such person for such improvement and the amounts of compensation shall be determined, as far as may be, in the manner and in accordance with the principles laid down in that behalf in Chapter V of the U.P. Tenancy Act, 1939 (U.P. Act No. 17 of 1939).(6)The order for possession under sub-section (4) shall be conditional on the payment, by the adhivasi within such time as the Assistant Collector may fix for the amount of compensation to be paid under sub-section (5)] [Inserted by U.P. Act No. 20 of 1954.] :Provided that if the land or any part thereof is in the possession of any person to whom the land-holder let it out before the 1st day of July, 1949, such person not being a relation, dependant or servant of the land-holder, the Assistant Collector shall, if the person so applies, direct that he shall not be ejected therefrom until the expiry of three years from the thirtieth day of June next following the date of the order :Provided further that such person shall, during the period he is allowed to continue the possession under that next preceding proviso, be liable to pay to the adhivasi the same rent as he was paying for the land on the date immediately preceding the date of vesting.
