Section 17 in The U.P. Imposition Of Ceiling On Land Holdings Rules, 1961
17.
[Section 15]. - (1) The Collector in conducting sale of crop, or fruits of trees, or property under sub-section (2) of Section 15, shall -(a)follow the procedure laid down in Rules 254 to 257 of U.P. Zamindari Abolition and Land Reforms Rules, 1952, and(b)in the case of immovable property, follow the procedure relating to sale of immovable property in execution of a decree in the manner provided under Order XXI of the First Schedule of the Code of Civil Procedure, 1908.(2)Expenses of sale of movable and immovable property shall be calculated in accordance with Rules 258, 259 and 284 of the U.P. Zamindari Abolition and Land Reforms Rules, 1952, respectively.[18. (1) As soon as the Collector takes or is deemed to have taken possession of any land under Section 14, he shall inform the Prescribed Authority concerned about the date of taking over such possession by sending a copy of C.L.H. Form 7 in respect of each tenure-holder.(2)The Prescribed Authority shall, thereupon, determine the amount of damages for use and occupation payable by each tenure-holder in accordance with Rule 18-A] [Inserted by Notification No. 441½(9)-75-Revenue-1, dated 6.1.1976 (w.e.f. 7.1.1976).],[18A. The amount of damages for use and occupation referred to in Rule 18 shall be determined in accordance with the following principles :-(a)Except as provided in clause (d), damages shall be ascertained in respect of each crop (Kharif and Rabi) separately.(b)For the first five crops commencing from the Kharif of 1381 Fasli, damages for each crop shall be equal to the annual land revenue calculated at sanctioned hereditary rates applicable to the land concerned.(c)For the remaining crops commencing from Rabi of 1383 Fasli, damages for each crop shall be equal to 6¼ times of the annual land revenue calculated at the sanctioned hereditary rates applicable to the land concerned.(d)In respect of a grove-land damages for each Fasli year shall be equal to five times of the annual land revenue calculated at the sanctioned hereditary rates applicable to the land concerned.(e)Damages shall not exceed the amount payable to the tenure-holder concerned under Chapter III of the Act if the possession of the land in respect whereof such amount is payable was taken under Section 14(8) before October 10, 1975.(f)The aggregate damages in respect of the crops grown during the first five crops referred to in clause (b) shall not exceed the amount payable to the tenure-holder concerned under Chapter III of the Act.][18B. (1) The Prescribed Authority shall prepare a statement in C.L.H. Form 49 and serve a copy of the same on the tenure-holder concerned.(2)A tenure-holder who has been served with a copy of C.L.H. Form 49 may, within 15 days from the date of its service, file an objection disputing the correctness of the entries made therein.(3)The Prescribed Authority shall dispose of the objection as early as possible, and if necessary, shall amend the C.L.H. Form 49. He shall thereupon put his dated signature on the same.] [Substituted by Notification No. 1-5(8)/72-Revenue-1, dated 12.7.1973 (w.e.f. 13.7.1973).]
