Section 240B in The U.P. Zamindari Abolition and Land Reforms Act, 1950
240B. Consequences on acquisition of rights, title and interest under Section 240-A.
- Where a notification under Section 240-A has been published in the official Gazette, then, notwithstanding anything contained in Chapters II and IX of this Act, but save as otherwise provided, the following consequences shall ensue in the area to which the notification relates, namely-(a)every person who, on the date immediately preceding the appointed date, was or has been deemed to be an adhivasi shall with effect from the appointed date, become [bhumidhar with non-transferable rights] [Substituted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] of the land referred to in Section 240-A and held by him as such and shall have all the rights and be subject to all the liabilities conferred and imposed upon [bhumidhars with non-transferable rights] [Substituted by U.R Act No. 8 of 1977 (w.e.f. 28.01.1977).] by or under this Act;(b)(i)all rents payable by the adhivasi in respect of the land referred to in Section 240-A for any period after the appointed date, which but for acquisition of rights, title and interest of the land-holder therein under the said section would be payable to land-holder, shall vest in and be payable to the State Government and not to the land-holder, any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same;(ii)where under an agreement or contract made before the appointed date any rent for any period after the said date has been paid to or compounded or released by the land-holder the same shall notwithstanding the agreement or the contract, be recoverable by the State Government from the land-holder and may without prejudice to any other mode of recovery, be realised by deducting the amount from the compensation money payable to such land-holder under Section 240-E;(c)all arrears of revenue in respect of the land referred to in Section 240-A and due from the land-holder for any period to the appointed date shall continue to he recoverable from such land-holder;(d)the rights, title and interest of the land-holder so acquired in the land shall not be liable to attachment or sale in execution of any decree or other process of any Court, Civil or Revenue and any attachment existing at the appointed date or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act. 1882. cease to be in force;(e)no claim or liability enforceable or incurred, before the appointed date by or against the land-holder for any money which is charged on or is secured by a mortgage on the land referred to in Section 240-A shall, except as provided in Section 73 of the Transfer of Property Act, 1882 be enforceable against such land or the adhivasi who becomes a [bhumidhar with non-transferable rights] [Substituted by U.P. Act No. 8 of 1977 (w.e.f. 28.01.1977).] under clause (a);(f)nothing contained in this chapter shall in any way affect the right of any person-(a)to continue to work any mines comprised in any land referred to in Section 240-A which shall be governed by law for the time being in force; and(aa)[ to continue any proceeding under Section 232 pending at the appointed date in any Court, in such Court. [Inserted by U.P. Act No. 18 of 1956 and shall be deemed always to have been inserted.]Explanation. - In this section the expression 'Appointed Date' has the meaning assigned to it in Section 240-A of the Principal Act;](b)to recover any arrears of rent or other dues which accrued before the appointed date and the same shall, notwithstanding anything contained in this Act be recoverable as heretofore by the person entitled thereto; and(c)all suits and proceedings of the nature to be prescribed pending in any Court at the appointed date and all proceedings upon any decree or order passed in any such suit or proceeding previous to the appointed date shall be stayed :Provided that no decree for an arrears of rent or order for ejectment in default of an arrear of rent shall be executed by ejectment of the judgment-debtor from his holding.
