Section 115S in U.P. Zamindari Abolition and Land Reforms Rules, 1952
115S. [ [Substituted by Notification No. 1145-RZ/I-A-1058-59, dated 11.3.1960.]
(1)No lease or licence in respect of any property vested in the Gaon Sabha shall be made for a period exceeding one year except with the specific permission of the Government in the Revenue Department and that no lease or licence shall be made in favour of a person except by public auction held in accordance with the procedure given below:(i)The auction shall be well advertised in the circle of the Gaon Sabha by beat of drums giving descriptions of the property to be auctioned and shall be open to the public:Provided that no one who has any [dues of the Bhumi Prabandhak Samiti outstanding against him shall be allowed to participate in the auction.](ii)The highest bidder shall have to deposit one-fourth of the bid money with the closure of the auction and the balance in three equal instalments each instalment being payable at the expiry of every three months calculated from the date of auction.(iii)The auction shall be closed in favour of the highest bidder and shall become final -(a)where no objections are filed-on the expiry of forty-two days from the date of auction;(b)where any objections are filed-on the auction being confirmed by the Tahsildar or the Collector after the disposal of objection or the appeal as the case may be.(iv)Any resident of the Gaon Sabha where the property is situate or any other person interested in the same may within forty-two days from the date of auction, file objection against the auction before the Tahsildar of the tahsil in which the Gaon Sabha exists who shall thereupon stay confirmation of the sale, by intimation in writing to the Bhumi Prabandhak Samiti (Land Management Committee) concerned and dispose of the objection as expeditiously as possible in the manner given in clause (v).(v)The Tahsildar shall fix a date for hearing of objection and issue notice to the Bhumi Prabandhak Samiti concerned and the highest bidder of the auction to show cause and produce evidence, if any, on the aforesaid date as to why the auction should not be set aside, The objector shall also be served with a notice to produce upon on the said date of hearing such evidence, in support of his objection as he may like. After hearing the parties and considering the evidence produced, the Tahsildar shall, for reasons to be recorded in writing pass order upholding or setting aside the auction. In particular, the Tahsildar will set aside the auction where he is of opinion hat the auction was unfair or illegal or the highest bid offered was inadequate as compared to the average bid in the preceding three years. The order passed by the Tahsildar shall be immediately communicated to the Bhumi Prabandhak Samiti concerned, the highest bidder and the objector.(vi)Any party aggrieved by the decision of the Tahsildar under clause (v) may, within fifteen days of the date of the order, file any appeal to the Collector who shall call for the records of the case and pass orders after hearing the parties. The order of the Collector shall be final and conclusive and shall not be questioned in any Court of law.(vii)(a)Notwithstanding anything contained in clause (iii) when no objection has been filed under clause (vi), the Tahsildar may, within six months from the date of the auction, set aside the same on the ground of illegality and thereupon the lease or licence, if any, shall stand cancelled :Provided that no such order shah be passed without allowing the person concerned an opportunity of being heard.(b)Provisions of clause (vi) shall be applicable to such an order as if it were an order under clause iv).(viii)The proceedings of the auction shall be duly noted in a book kept for this purpose :Provided that the provisions of ibis rule shall not apply to(i)cases of allotment of agricultural land and abadi sites covered by Rules 173 to 177 and Rules 155-L to 155-R, respectively; and(ii)cases in which the State Government issues directions under Section 126 of the Act read with Rules 115-A and 115-B]:Provided further that in the case of perennial tanks of three or more acres in area, the Land Management Committee may, with the previous permission of the Assistant Collector-in-Charge of the sub-division concerned, grant a lease for a period not exceeding seven years in favour of one or more than one fisherman residing within the circle of the Gaon Sabha or in favour of a co-operative society of such fisherman registered under the Co-operative Societies Act, 1912 (Act No. 2 of 1912), and registered place whereof situate within such circle.](2)[ The provision of sub-rule (1) shall mutatis mutandis apply to sale of trees, grass, sarpat, pula, bamboos, wood fruit, flowers, leaves, or any other produce of land of water.] [Added by Notification No. 1447-RS/I-A-1008-58, dated 07.05.1958.]
