Section 17 in The U.P. Imposition Of Ceiling On Land Holdings Act, 1960
17. Manner of calculation of [amount] [Ibid.]. -
(1)Subject to the provisions of sub-section (2), every tenure-holder, whose surplus land has vested in the State under the provisions of this Act, shall be entitled to receive and be paid [amount] [Ibid.] as laid down in the Schedule and as determined in the manner provided hereinafter.(2)[ The sub-tenant or asami of the tenure-holder, not being an asami mentioned in Section 11 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, shall be entitled to receive and be paid a portion out of the amount payable to the tenure-holder. The proportion of amount payable to the sub-tenant or the asami shall be the aggregate of the land revenue for the unexpired period of his subordinate interest computed at hereditary rates, so however, that the sub-tenant or the asami shall not in any case, be entitled to more that one-fourth of the amount payable to the tenure-holder. The amount shall be apportioned between the tenure-holder and the sub-tenant or the asami by the Prescribed Authority.] [Substituted by U.P. Act No. 20 of 1976 and shall be deemed always to have been substituted.];(3)Nothing in this Act shall prevent any person, not being a person referred to in sub-sections (1) and (2), having any right, title or interest in the surplus land, or any person having claim to [amount] [Substituted by U.P. Act No. 20 of 1976 and shall he deemed always to have been substituted.] against the person entitled thereto under the provisions of this Act, from claiming any right, title or interest in such [amount] [Ibid.] in any Court of competent jurisdiction.[17A. Payment of [amount] [Inserted by U.P. Act No. 18 of 1973.] to waqfs, trusts, etc. - Notwithstanding anything in Section 17, following provisions shall apply in respect of [amount] [Ibid.] payable to those public religious or charitable waqfs, trusts, endowments or institutions, a part of the income from which is utilized for religious or charitable purposes, namely -(i)the surplus land held by such waqf, trust, endowment or institution shall be deemed to be divided into two parts in the same proportion in which its income is utilized respectively for religious or charitable purposes and for other purposes;(ii)so far that part of the surplus land, the income from which is utilized for religious or charitable purposes is concerned, an annuity equivalent to the annual average of the actual net profits during the five years preceding July 1,1972, to be determined in the prescribed manner shall be payable in lieu of the [amount] [Substituted by U.P. Act No. 20 of 1976 and shall be deemed always to have been substituted.] referred to in Section 17, and the provisions of Sections 18, 19, 20, 21, 22 and 23 shall mutatis mutandis apply in relation to the said annuity as they apply to the [amount] [Ibid.] referred to in Section 17;(iii)in respect of the remaining surplus land, the [amount] [Ibid.] shall be payable in accordance with Section 17.Explanation. - If any waqf, trust, endowment or institution claims that the provisions of this section apply to it, the burden of proving the same shall lie on it.]
