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State of Uttar Pradesh - Act

U.P. Zamindari Abolition and Land Reforms Rules, 1952

UTTAR PRADESH
India

U.P. Zamindari Abolition and Land Reforms Rules, 1952

Rule U-P-ZAMINDARI-ABOLITION-AND-LAND-REFORMS-RULES-1952 of 1952

Published on 8 October 1952
Commenced on 8 October 1952
[This is the version of this document from 8 October 1952.]
[Note: The original publication document is not available and this content could not be verified.]

U.P. Zamindari Abolition and Land Reforms Rules, 1952Published vide Notification No. 7996/I-A-1282-1952, dated 08.10.1952UP0207

Chapter I
Preliminary

1.

(a)

(i)These rules may be called the Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952.

(ii)They shall come into force at once.

(b)In these rules unless there is anything repugnant in the subject or context-

(i)"Act" means the U.P. Zamindari Abolition and Land Reforms Act, 1950 (Act 1 of 1951);

(ii)"Land Reforms Commissioner" means an officer appointed as such by State Government and includes Deputy Commissioner, Land Reforms;

(iii)"Section" means a section of the Act;

(iv)"Revenue Manual" means the Manual of Orders of the Government of the Uttar Pradesh in the Revenue Department.

Chapter II
Consequences of Vesting

2. Taking over charge by Collector (Section 25).

- Upon the publication of a notification under Section 4, the Collector shall issue a proclamation in Z.A. Form. I and cause the same to be published within the local limits of his jurisdiction-

(a)by posting copies of the proclamation at his court house, at the tahsil building and at some conspicuous place in or near the village in which the estate or estates are situate, and

(b)if the Collector so directs by beat of drums in each village in which the estate or estates are situate.

3. Proceedings in connection with taking over charge of estates (Section 26(2)(d)).

(a)The Collector or an officer appointed by him in this behalf shall not ordinarily enter into any building for the purpose of seizing and taking possession of books, accounts and other documents referred to in Section 25 before sunrise and after sunset.

(b)The Collector or the officer making the search shall allow the occupier of the building or a person nominated by the occupier to watch the search.

(c)A receipt for the hooks, accounts or other documents seized and taken possession of shall be given [on the spot immediately after making the search] [Inserted by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.] by the person seizing to the person from whose possession they are seized.

4. Stay of certain suits and proceedings. Section 6(i).

- [(1) All suits and proceedings whether of the first instance, appeal or revision of the nature as herein below specified, in respect of the area for which a notification under Section 4 has been issued, pending in any court for hearing on the date of vesting, and

(2)All proceedings (except in so far as they relate to the realization, otherwise than by ejectment of the judgment-debtor of cost or compensation awarded in any suit or proceedings) upon any decree or order, unless it is a decree or order which become final before the date of vesting, but is not a decree which may be executed by ejectment of the judgment-debtor passed in any such suit or proceedings previous to the date of vesting shall be stayed.] [Substituted by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.]-

(i)Appointment of lambardars under Section 45 of the U.P. Land Revenue Act, 1901.

(ii)All proceedings under Chapter VI of the U.P. Land Revenue Act, 1901.

(iii)Partition or union of mahals under Chapter VII of the U.P. Land Revenue Act, 1901.

(iv)Suits, applications or proceedings (including appeals references and revisions) relating to or pending under Sections 15, 16, [* * *] [Deleted by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.], 55, 70, 71, 79, (a) and (b), 80,81,84, 113, 114, 115, 116, 117, 118, 154, 171, 172, 190, 194 and 195 of the U.P. Tenancy Act. 1939, and under Section 175 and 179 of the said Act except those against persons who are asamis of the land referred to in clause (b) of Section 202. [Also suits, applications or proceedings of similar nature against Thekedars.] [Added by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.]

(v)[Suits, applications and proceedings including appeals, references and revisions under Section 180 of the U.P. Tenancy Act, 1939, or of similar nature pending in a civil court, except where the plaintiff is a tenant or where the land was the sir, khudkasht or grove of an intermediary and in which rights have not accrued to the defendant under Section 16 or any other section of the [U.P. Zamindari Abolition and Land Reforms Act, 1950] [Substituted by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.]

(vi)Cases of liquidation of decrees under the U.P. Encumbered Estates Act, 1934.

(vii)All cases of execution of decrees relating to debts which are wholly or partially charged upon or decreed against an estate or any part thereof.

Explanation. - For the purposes of this clause debt means an advance in cash or in kind and includes any transaction which is in substance a debt but does not include a debt due to-

(i)the Central Government or Government of any State;

(ii)a local authority;

(iii)a scheduled bank; and

(iv)a co-operative society registered under the Co-operative Societies Act, 1912.

5. Disposal of suits and proceedings stayed under rule. Section 26(2)(b).

(1)Every suit or proceeding, whether pending in the court of first instance or in appeal or in revision, stayed under clauses (i) to (iii) and (v) of Rule 4, shall together with appeal or revision, if any be abated by the court or the authority before whom it may be pending after notice to parties and giving them an opportunity of being heard.

(2)Every suit or proceeding pending in the court of the first instance and stayed under clause (iv) of Rule 4, except those in which a decree or final order had already been passed or made before July 1, 1952, shall be abated by the court or the authority before which it may be pending after notice to parties and giving them an opportunity of being heard.Explanation. - A suit or proceeding in which a decree or final order had been passed by the court of first instance before July 1, 1952, but such decree or final order was subsequently set aside shall notwithstanding that such suit or proceeding might have been pending in such court on the said date whether upon remand or otherwise, be deemed for purposes of this rule to be a case or proceeding in which a decree or final order had already been passed before July 1, 1952.

(3)Except as provided in sub-rule (2) every suit or proceeding stayed under clause (iv) of Rule 4 shall, whether pending in appeal reference or revision, be continued and decided in accordance with the provisions of the U.P. Tenancy Act, 1939 and the U.P. Land Revenue Act, 1901 as may be applicable.

(4)When, during the period between the first day of July, 1952 and the eleventh day of April, 1953 any suit or proceeding to which sub-rule (3) was applicable has been abated by any court in pursuance of sub-rule (a)(i) of this act as it stood prior to its amendment by Notification No. 2016/I-A-463-1952, dated April 11, 1953, any party to the suit or proceeding may within ninety days of the date of the notification aforesaid apply to the court for setting aside the abatement and the court shall set aside the abatement and then the suit or proceeding shall commence from the stage it was abated.The provisions of Section 5 of the [Indian Limitation Act, 1908] [See now the Limitation Act, 1963.], shall apply to an application under this sub-rule

(5)The abatement of any suit or proceeding under sub-rule (1) or (2) shall not debar any person from establishing his right in a court of competent jurisdiction in accordance with the law for the time being in force in respect of any matter in issue in such suit or proceeding.

(6)The proceedings referred to in clause (vi) or (vii) of Rule 4, shall continue to remain stayed during the period of [26] [Substituted by Notification No. 4352/I-A-1056-1954, dated 31.08.1954.] months.

5A. [ [Added by Notification No. 5647/I-A-1973, dated 25.08.1953.]

Nothing in Rule 4 or 5 shall be construed as depriving any party to the suit or proceeding from any right which may have accrued in his favour in the land, the subject matter of the suit or proceeding, under the Zamindari Abolition and Land Reforms Act, 1950].

6.

Where any suit or proceeding has been stayed under Rule 4 or has abated under Rule 5, the period between the institution of such suit and its stay or abatement as the case may be, shall be excluded in computing the period of limitation fixed for the institution of such suit or proceeding under the law applicable thereto.

7.

In every suit or proceeding (not being a suit or proceeding stayed or abated under the provisions of Rule 4 or 5) under the U.P Land Revenue Act, 1901, or the U.P. Tenancy Act, 1939, pending on the date of vesting, in which an intermediary is a party, whether as plaintiff or defendant, the court may, where it considers it necessary in order to enable it effectually and completely to adjudicate upon and settle all questions involved in the suit or proceeding, order the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] to be joined as a party.

8. Amount of arrears of revenue and other dues recoverable as such dues from intermediaries on the date of vesting. Section 6(d) and (e).

(a)Immediately after the publication of notification under Section 4 in respect of any area the Collector shall prepare and maintain a register in Z.A. Form 2 showing the arrears of land revenue, cesses, local rates, owner's rates, Agricultural Income Tax, all other dues realizable as arrears of land revenue, the amounts due from intermediaries under Sections 27 and 28 of the U.P. Encumbered Estates Act and under the Land Improvement Loans Act, 1883, or the Agricultural Loans Act, 1884, and the realization made after the date of vesting.

(b)Before the preliminary publication of compensation assessment roll the compensation officer shall ask the Collector to furnish an extract of register in Z.A. Form 2 in respect of intermediaries to be specified by him.

(c)Upon receipt of the requisition the Collector shall send an extract containing entries in Columns 1 to 10 and the balances of land revenue, etc. on the date of report under Column 11 of the said register. The extract shall bear the signatures of the Collector and the date of the report. Where no balance is outstanding in respect of an intermediary the Collector shall send a blank statement duly signed by him.

(d)[ Upon the determination of final compensation under Section 52 of the Act, a statement in Z.A. Form 2-A shall be prepared in respect of arrears due from the intermediary on the date of determination of compensation] [Added by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.],

8A. [ [Added by Notification No. 3266/I-A-4956-1954, dated 17.08.1954.]

Without prejudice to the right of the State Government to recover the dues mentioned below by such other means, as may be open to it under law :

(1)all arrears of land revenue in respect of the estates which have vested in the State Government as a result of the notification under Section 4 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (Act I of 1951) and of tax on agricultural income assessed under the U.P Agricultural Income Tax Act, 1948 (U.P. Act III of 1949), due from an intermediary for any period prior to the date of vesting shall be realized-

(a)in the case of an intermediary who was assessed to a land revenue of Rs. 10,000 or more from the amount of interim compensation due to him, and

(b)in the case of an intermediary who was assessed to a land revenue of less than Rs. 10,000 per annum by deduction from the amount of compensation payable to him ;

(2)all amounts due under the Land Improvement Act, 1883, or the Agricultural Loans Acts, 1884, in respect of loans obtained before July 1, 1952 and all amounts due under Sections 27 and 28 of the U.P. Encumbered Estates Act, 1934, shall be deducted from the amount of compensation payable to him].

9. Statement of revenue-free grantee etc. Section 6(b).

(a)After the issue of notification under Section 4, the Collector shall prepare a statement in Z.A. Form 3 containing full particulars about assignees of land revenue to whom land revenue in respect of any estate or part thereof is paid either by the owner of the estate or part thereof or from Government Treasury in lieu of any right or privilege in respect of land or land revenue.

[This statement shall not be prepared in case where the assignee is recorded as proprietor in the khewat It shall be prepared only in cases where the entry regarding the assignee or grantee is made in the remarks column of the khewat as well as in eases, if any, where an entry is not made in the khewat at all but payments from land revenue are made.] [Added by Notification No. 9203(1)/I-A-463-l952, dated 11.02.1953.]

(b)The statement referred to above shall be forwarded to the Secretary to Government in the Revenue Department through the [Compensation Commissioner] [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.] for necessary orders

10. Intermediaries paying revenues of Rs. 250 or more.

- In order to prepare lists showing each intermediary who on the date immediately preceding the date of vesting was assessed in Uttar Pradesh to a land revenue of more than Rs. 250 annually or where no land revenue was assessed, was assessed to a large amount of local rate than would be payable on a land revenue of Rs. 250 annually, the following proceedings shall be taken :(a)Each patwari shall prepare and forward to the tahsildar:

(1)A statement in Z.A. Form 4 showing (i) the name of each intermediary (whether he holds sir or not), who resides in his circle and was on the date immediately preceding the date of vesting assessed in the circle to a land revenue of more than Rs. 250 annually or where no land revenue was assessed, was assessed to a larger amount of local rate than would be payable on a land revenue of Rs. 250 annually, (ii) the estates belonging to him, and (iii) land revenue or local rate assessed on each estate.

(2)A separate statement in Z.A. Form 5 for each intermediary (whether he holds sir or not) who docs not reside in the circle.

(3)All statements in Z.A. Form 5 in respect of an intermediary who does not reside in the tehsil but is resident in the district shall be forwarded by the tahsildar to the Collector of the district who shall send it to the tahsildar within whose jurisdiction the intermediary resides. Statements in respect of an intermediary who does not reside in the district, shall be forwarded to the Collector of the district in which the intermediary resides and the latter shall forward it to the tahsildar concerned.

(b)[* * *] [Deleted by Notification No. 3195/I-A-3594-1959, dated 30.06.1962.]

11.

All the statements in Z.A. Form 4 and 5 received by the tahsildar from the patwaries or the Collector, in respect of an intermediary residing within the tahsil shall be consolidated in a statement in Z.A. Form 7 for each intermediary separately. In respect of an intermediary for whom statements have been received in Z.A. Form 5 only but not in Z.A. Form 4 the tahsildar shall require the patwari of the circle in which the intermediary resides to submit a statement in Z.A. Form 6 showing the details of his estates. Statements in Z.A. Form 7 shall include all the estates belonging to the intermediary and reported in Z.A. Forms 4 and 5 or in Z.A. Forms 5 and 6, as the case may be. The tahsildar shall then prepare a statement in Z.A. Form 8 showing the name of each intermediary belonging to the class mentioned in Rule 10. He shall then send an extract of the statements in Z.A. Form 8 to each Compensation Officer within whose jurisdiction the intermediary held any estate.

12.

In the case of intermediaries who do not reside in Uttar Pradesh statements in Z.A. Form 5 shall be forwarded to the office of the Compensation Commissioner, who shall prepare a consolidated statement in Z.A. Form 7. He shall also prepare a statement in Z.A. Form 8 showing the name of each intermediary belonging to the class mentioned above. He shall then forward a copy of the statement in Z.A. Form 8 to each Compensation Officer within whose jurisdiction the intermediary held any estate.

13. Sections 10, 13, 14, 16, 18, 22 and 23.

- As soon as may be after the publication of the notification under Section 4, the Collector shall cause to be prepared the following statements namely-

(a)[ [* * *] [Deleted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

(b)[* * *]]

(c)[A statement in Z.A. Form 11 showing transfers by way of sale or gift of any estate or part thereof [made on or after July 1, 1948] [Substituted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953 and No. 315-R(4)/1-A-1042-1955, dated 20.02.1957.]

(cc)[ A statement in Z.A. Form 11-A showing partitions or family settlements of joint Hindu family property made on or after August 8, 1946.] [Added by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

(d)A statement in Z.A. Form 12 showing the names of all tenants of sir, who are entitled to become bhumidhars under sub-clause (iii) of clause (d) of sub-section (1) of Section 18 or under sub-section (2) of Section 18 or sirdars under clause (iv) of Section 19 read with Section 10 or under clause (ix) of Section 19.

Note. - This statement shall include (1) all tenants of sir holding from a sir holder whose name is mentioned in the statement in Z.A. Form 8 and (2) all tenants of sir holding on patta dawami or instamaari:Provided that the sir holder does not belong to any of the classes mentioned in sub-section(2) of Section 10.

(e)A statement in Z.A. Form 13 showing the plots recorded in the personal cultivation of a thekedar.

(f)A statement in Z.A. Form 14 showing the land in the personal cultivation of mortgagees.

(g)Statement in Z.A. Forms 15 and 16 showing the plots in possession of persons recorded as occupants of the land referred to in Section 16.

14.

The statement in Z.A. Form [10-A or] [Added by Notification No. 9203(1)/l-A-463-1952, dated 11.02.1953.] 11 referred to in Rule 13 shall be transmitted to the Compensation Officer having jurisdiction.

15.

(a)The Compensation Officer shall not pass any orders in respect of entries in Z.A. Form [10-A or] [Added by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.] 11 relating to waqfs, endowments or societies.

(b)He shall after making such enquiries as he considers necessary prepare an extract showing separately the waqfs, trusts, endowments or societies which prima facie appear wholly for charitable purposes.

(c)The extract prepared in sub-rule (b) shall be forwarded to the Collector who shall forward it to the Secretary to Government in the Revenue Department through the Compensation Commissioner along with a brief summary of the result of his inquiries, for orders of Government as to whether any of the waqfs, trusts, endowments or societies shall not be recognised.

16.

(1)The statements referred to in Rule 13 except statements in Z.A. [Forms 10-A and 11] [Substituted by Notification No. 9203(l)/I-A-463-1952, dated 11.02.1953.] shall be transmitted to the Assistant Collector incharge of the Sub-Division, who shall, if he is satisfied that the statements have been accurately prepared, pass suitable orders in reach case.

(2)The Assistant Collector inchargc of the sub-division shall then transmit the statements to the Compensation Officer.

17.

(1)In the case of a thekedar referred to in the statement in Z.A. Form 13, the Assistant Collector incharge of sub-division shall specify the land of which he shall be deemed to be hereditary tenant and the land of which he shall be the asami and the period for which he shall be entitled to hold the land and determine the rent of both portions.

(2)If the land cultivated by the thekedar which was not sir or khudkasht of the lessor on the date immediately preceding the date of vesting exceeds 30 acres in area, the Assistant Collector incharge of the sub-division shall with due regard to the choice of the thekedar about the plots which he washes to retain and the compactness of the whole holding which shall remain with the thekedar specify the plots which shall be deemed to be vacant land.

18.

(1)In the case of mortgagees referred to in the statement in Z.A. Form 14, the [Assistant Collector incharge of the sub-division] [Substituted by Notification No. 3195/I-A-3594-59, dated 30.06.1962.] shall specify the plots which shall be deemed to be the sir or khudkasht of the mortgagor and determine the rent of the rest of the land.

(2)The [Assistant Collector of the first class] [Substituted by Notification No. 315-R(4)/I-A-1042-1955, dated 20.02.1957.] shall issue a notice to the mortgagee to deposit the amount referred to in clause (b) of sub-section (2) of Section 14 within six months from the date of vesting. If the amount is not deposited, he shall declare his land to be vacant land.

19.

No order passed under Rule 16 shall debar any person from establishing his rights in a court of competent jurisdiction.

20. Interest on mortgage money. Section 6(g)(ii).

- The amount declared due on a simple mortgage substituted under sub-clause (i) of clause (g) of Section 6 shall carry simple interest at the rate of 2½ per cent, per annum from the date of vesting.

21. Application of thekedar for extention of period of 5 years on the area. Section 13.

(a)An application under sub-section (3) of Section 13 shall be filed in the Court of the Collector within six months of the date of vesting.

(b)In deciding the application referred to above the Collector shall have regard to-

(i)the agricultural stock and implement in possession of the applicant;

(ii)the total area held by the applicant in his personal cultivation as bhumidhar, sirdar or asami.

(iii)the agricultural technique employed, i.e., whether cultivation is mechanized or not;

(iv)whether the land held by the applicant as bhumidhar, sirdar or asami is in a compact block or is scattered, and

(v)whether the grant of permission will help in bringing about compactness in cultivation of the applicant.

22. Intermediaries sir and Khudkasht. Section 15.

- A statement shall be prepared by the Compensation Officer for each intermediary in Z.A. Form 17 showing the name of each intermediary who holds sir, khudkasht or grove or land in personal cultivation in any estate belonging to him jointly with others, the share of the intermediary in the estate, the area of sir, khudkasht or grove or land in personal cultivation and its valuation at rates applicable to ex-proprietary tenants.The valuation shall be based upon-

(a)the rent rates sanctioned at the latest settlement or revision of settlement [* * *] [Deleted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.], or

(b)the rates determined under the Agra Tenancy Act, 1926 or the Oudh Rent Act, [1886] [Substituted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.], as the case may be, or

(c)the rates determined under the provisions of the U.P. Tenancy Act, 1939, whichever are the latest.

If the rent-rates do not distinguish between occupancy and non-occupancy or statutory tenants such rates shall be deemed to be sanctioned rates for both occupancy and hereditary tenants. If there or no sanctioned rent-rates, ex-proprietary rent shall be determined after taking into consideration the rents generally payable by occupancy tenants for land of similar quality and advantages in the vicinity.Note. - The statement shall not include land in the personal cultivation of an intermediary or sir or khudkasht or intermediarys grove which is held jointly by all the cosharers in the estate.

23.

The statement in Z.A. Form 17 shall also show the grows assets of the intermediary and the valuation of the sir, khudkasht and grove held in excess of the gross assets of the intermediary. [A copy of the statement shall be sent to the intermediary concerned as soon as the statement is ready] [Added by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.].

24.

As soon as may be after the preparation of the statement in Z.A. Form 17 the Compensation Officer shall serve or cause to be served upon an intermediary, who holds land in his personal cultivation or as sir, khudkasht or intermediarys grove in excess of his proportionate share in the estate or estates concerned; a notice to appear and file within [30] [Substituted by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.] days of the service thereof a written statement containing full particulars about the land, not exceeding in valuation the gross assets of the intermediary, in which he wishes to acquire the rights of bhumidhar. [The Compensation Officer shall after considering the written statement, direct any subordinate Assistant Collector to demarcate] [Substituted by Notification No. 3195/1-A-3594-1959, dated 30.06.1962.], the land in which Bhumidhari rights accrue to the intermediary in accordance with Section 18 read with subsection (2) of Section 15 of the Act. In making the demarcation the Assistant Collector shall avoid the sub-division of a plot as far as possible.

25.

If the intermediary fails to comply with the notice mentioned in Rule 24, [the Compensation Officer may direct any subordinate Assistant Collector to proceed] [Substituted by Notification No. 3195/I-A-3594-1959, dated 30.06.1962.] forthwith to make I he demarcation and in doing so he shall make the area in which bhumidhari rights accrue as compact as possible.

26. Private wells and buildings.

(a)Subject to sub-rule (h), the site of a [* * *] [Deleted by Notification No. 1130/I-A-1699-1958, dated 11.03.1954.] well [* * *] [Deleted by Notification No. 1130/I-A-1699-1958, dated 11.03.1954.] or building along with the area appurtenant thereto situate within the limits of an estate shall be deemed to be settled with the owner of the said well, [* * *] [Deleted by Notification No. 1130/I-A-1699-1958, dated 11.03.1954.] or building, on the following terms and conditions :(i)He shall have a heritable and transferable interest in the site.(ii)He shall not be liable to ejectment on any ground whatsoever.(iii)He shall have the right to use the site for any purpose whatsoever subject to the existing rights to casement.(iv)Succession shall be governed by personal law.(v)If the building is abandoned or if the well goes out of use, or if the owner dies without any heir entitled to succeed, the site shall escheat to the State.(vi)(1) He shall pay to the Gaon Sabha rent for the site equal to the amount of rent payable therefor on the date immediately preceding the date of vesting. He shall however not be liable to pay any rent for the site if no such rent was payable on the date.

(2)[(i) In case the site is assigned for any public purpose, such as roads, hospitals, dispensaries, schools and the like, which will not yield any income either in the present or in the near future to the individual or body assigning it the [Goan Sabha] [Added by Notification No. 315-R(4)/I-A-1942-1955.] [or the assignor] [Inserted by Notification No. 3195/I-A-3594-59.] shall report the fact to the Collector, giving the details of the land and the amount of rent involved. The Collector may exempt the site from the payment of rent for so long as it is utilized for any purpose of the nature indicated above

(ii)When such exemption has once been sanctioned by the Collector the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] may sanction the continuance of exemption from year to year so long as the land is being put to the same use.

(iii)At the beginning of every revenue year the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] shall enquire whether all land in respect of which exemption has been allowed is still used for the purpose which made it eligible for exemption. If it is found that the land or any portion thereof has ceased to be so used or though used for the same purpose as before has started to yield an income to the body or the individual concerned the [Gaon Sabha] [Substituted by Notification No. 5846/I-A-270-61.] shall report the fact to the Collector with necessary details. The Collector may, after making such inquiry as he considers necessary, direct that the exemption from the payment of rent should cease wholly or in part, as the case may demand.

(3)The person or body assigning the site [unless the assignment is of the entire interest of such person or body in the same] [Inserted by Notification No. 3195/I-A-03594-59.], has no right to claim exemption from the payment of rent as a matter of course. Such exemption can only be granted by the Collector who has full discretion to reject any case which does not completely fulfill the requirements of sub-clause (2)(i) above.]

(b)The site of a private well or a building in a holding or grove shall be deemed to be settled with the tenure holder on the same tenure as the holding or the grove in which it is situate.

[* * *] [Deleted by Notification No. 1241/I-A-588-62, dated 25.03.1963.]

26A. [ [Inserted by Notification No. 240/2-1(3J-78-UPA-1/51 -AM(13)-1979 dated 21.12.1979.]

(1)Upon the publication of notification under sub-section (2) of Section 2 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 in respect of any area held by a co-operative society, registered under the U.P. Cooperative Societies Act, 1965 or a society registered under the Societies Registration Act, 1860 or a limited liability Company under the Companies Act, 1956, which had not been actually utilised in execution a housing scheme till the date of the notification issued under sub-section (2) of Section 2 of the Act, the Collector shall take necessary action to take possession of the land and thereafter he shall transfer the possession of such area of land, to the Municipality or Notified Area constituted under the provisions of the United Provinces Municipalities Act, 1961 or a Town Area constituted under the provisions of the United Provinces Town Areas Act, 1914, or the State Housing and Development Board, or the Development Authority as the case may be, under whose jurisdiction the land is situate and the said authority shall utilise such area of land for the purposes of housing and urban development.

(2)The Collector shall intimate every transfer made under sub-rule (1), to the Board of Revenue and the State Government showing full details of the land so transferred.]

Chapter III
Assessment of Compensation

27. Determination and commutation of rent. Sections 39(i)(a)(ii) and (a)(iii).

- The Compensation Officer shall from the khatauni for the previous agricultural year prepare a statement in-

(1)Z.A. Form 18 in respect of holdings or part thereof the rent of which is payable in kind or based on an estimate or appraisement of the standing crop or partly in cash and partly in kind, and

(2)Z.A. Form 19 in respect of holdings for which rent is payable but has not been determined.

28.

After making entries in Columns 1 to 7 of both the abovementioned statements for the whole mahal, the rent will be calculated in accordance with the provisions of Section 39.

29. Section 64(2)(c).

- [(1) If in any district, part of a district or local area rent rates have not been determined the Compensation Officer shall decide the rates for the purpose of determination and commutation of rents after considering the rents generally payable-(a)in the case of holdings mentioned in Z.A. Form 18, by the tenants of the same class;(b)in the case of the holdings of under-proprietors and ex-proprietary tenants mentioned in Z.A. Form 19 by exproprietary tenants and(c)in the case of others, except grove-holders, mentioned in Z.A. Form 19, by hereditary tenants.]for a land of similar quality and advantages in the vicinity and the rents shall be computed accordingly and entries made in Columns 7 and 8.

(2)[ The rent computed may be rounded off to the nearest [nava paisa.] [Added by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.] [Added by Notification No. 9203(1J/I-A-463-1952, dated 11.02.1953.]

30. Section 44(a).

(1)The Compensation Officer shall determine the land revenue on all miscellaneous properties (haqqivat mutafarriqa) on which land revenue is not recorded in the khewat on the following principles :

(a)If the entire property consists of abadi, timber grove or culturable or un-culturable waste no land revenue will be determined.

(b)If the miscellaneous property consists partly of cultivated area and party of uncultivated area or entirely of cultivated area, land revenue will be determined on the cultivated area alone at the incidence of revenue per acre of the cultivated area of the mahal of the agricultural year preceding the date of vesting.

Explanation. - For the purposes of this rule the term cultivated area includes new fallow, land prepared for sugarcane and groves other than those of timber trees.

(2)The Compensation Officer shall also determine the amount of local rates or cesses payable for each khata in accordance with the provisions of Chapter XII of the Revenue Manual.

(3)The Compensation Officer shall, after determining the land revenue of the miscellaneous property, inform the tahsildar of the tahsil in which the property is a situate in the following form :District................Tahsil......................

			Serial	Khata		Amount of\| \|-	\| \| \| \| \| \| \| \|-	Pargana	Village	Mahal	number	Khewat number	Area	Land revenue	Cesses or local rate	Signatures of compensation Officer
1	2	3	4	5	6	7	8	9

(4)The Tahsildar shall on receipt of the information, have entries made in the remark column of the Khewat.

(5)At the time of calculating net assets the amount of land revenue, cesses and local rates so determined shall be deducted from the corresponding dues against the khata khewat out of which the miscellaneous property has been created and in cases where it has been created by an individual co-sharer against the corresponding dues of such co-sharer

(6)[ In cases where haqqiyat-mutafarriqa was created by one or more but not all the co-sharers of the khata khewat and the land revenue corresponding to the haqqiyat-mufarriqa has been deducted from the corresponding dues of such cosharers the shares of the main khata khewat shall be re-calculated and the gross assets of the main khata khewat distributed among them according to the new shares.] [Substituted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

31.

[Statements shall be prepared in Z.A. Forms 18-A and 20] [Added by Notification No. 9203(1)/I-A-463-l952, dated 11.02.1953.] for every mahal for calculating the amount of assumed rent of the sir, khudkasht and grove land of the intermediaries.

32. Section 39(c).

- A statement shall be prepared in Z.A. Form 21 tabulating the sayar income which was accrued during the last 10 years in each khata khewat In this statement only those items of sayar income shall be included which fall within the definition of sayar in the U.P. Tenancy Act, 1939 and also the income from hats, bazars and melas to which clause (a) of Section 5 applies.

33. Section 39(d).

- The average of four years' annual income from the rents of building sites in a mahal shall also be tabulated in Z A. Form 22.

34. Section 39(e).

(1)The Compensation Officer shall, for the purpose of determining the period for which average shall be taken under sub-clause (i) of clause (e) of Section 39 of the Act, call upon the intermediary to furnish within a period to be fixed a written statement showing-

(i)the class of forest (e.g. high forest, coppice, coppice with standards, scrub, etc.);

(ii)the periodical fellings made therein during the 40 years immediately preceding the date of vesting;

(iii)the income received year after year during the 40 years immediately preceding the date of vesting;

(iv)the principal species of trees in the forest and their approximate age class;

(v)the condition of the forest at the date of vesting and any other particulars which may be material for determining the period aforesaid.

(2)On the filing of the written statement under sub-rule (1), or if no written statement is filed on the expiry of the period allowed therefor, the Compensation Officer may hold such inquiry as he considers necessary and may by order require any person to attend as a witness and give evidence or to produce any document in his possession or power which relates to any matter in question. [The Compensation Officer may also call upon an officer of the Forest Department not below the rank of Divisional Forest Officer, to inspect the forest and submit his report about the estimate of forest income.] [Added by Notification No 7996(1)/I-A-1282-1952, dated 08.10.1952.]

(3)After [considering the report of the officer of the Forest Department and] [Added by Notification No. 7996(1)/I-A-1282-1952, dated 08 10 1952.] hearing the intermediary and such other persons as he may like to be heard, the Compensation Officer shall make an order determining the period and the average annual income from the forest and shall record his reasons therefor.

35. Sections 39(c) and (g).

- Statements in respect of incomes from mines and minerals shall be called for from the intermediaries. The Compensation Officer shall direct the intermediaries to file the information required by, Section 39(1)(f) and (g) for 12 agricultural years immediately preceding the date of vesting in respect of the mines on account of which royalties have been paid and the annual gross income of the mines which have been directly worked by the intermediaries and the amount of cess or income-tax paid or assessed on each of the two classes of income.

36. Section 38.

- The Compensation Officer shall prepare [statements in Z.A. Form 20-A and Z.A. Form 23] [Substituted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.] for each mahal. Where a mahal is comprised of area situated in more than one village the portion situate in each village shall be treated, for the purpose of this statement, as a separate mahal.

37.

[The Compensation Officer shall then prepare the following statements :

(a)Statement in Z.A. Form 23-A showing the distribution of gross assets and land revenue, etc., of shamilat khata khewat.

(b)Statement in Z.A. Form 23-B showing shares of intermediaries in cases where haqqiyat-mutafarriqa has been created by some but not all the cosharers.

(c)Statement in Z.A. Form 24 showing shares of intermediaries in gross assets, land revenue and local rates in a mahal.]

37A. [ Agricultural Income-tax. Section 44(a)(1). [Substituted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

- In order to ascertain the amount of agricultural income-tax to be deducted from the gross assets, statements in Form A to E shall be prepared showing the income of intermediaries (assessed to agricultural income-tax) from their tenancy holdings and land in respect of which a notification under Section 4 has not been made.] [Substituted by Notification No. 9203(l)/I-A-463-1952, dated 11.02.1953.]

38.

(1)The Collector shall forward to every Compensation Officer within whose jurisdiction an intermediary assessed to Agricultural Income-tax in the previous year has interest, a statement in Z.A. Form 25 showing the Agricultural Income-tax assessed upon the intermediary in his district in the previous agricultural year.Explanation. - Where land revenue is not payable in respect of any khata khewat the nominal land revenue shall be deemed to be revenue payable for the purposes of this statement. Where nominal land revenue has not been assessed it shall be calculated on the basis of the local rates.

(2)Where a Compensation Officer has reason to believe that an intermediary having interest in his circle has been assessed to Agricultural Income-tax in the previous year and no statement under sub-rule (1) has been received in respect of such intermediary he shall ask the Collector concerned to furnish a statement in the aforementioned form and on receipt of the requisition the Collector shall furnish such statement.

38A. [ [Added by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

The cost of collection of royalties mentioned in Section 39 (f) shall be computed at 6¼ per cent of the royalties.]

39.

[From the information received from the Collector, the Compensation Officer shall prepare a statement in Z.A. Form 25-A showing the distribution of Agricultural income-tax on khata khewats.] [Substituted by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

39A. [ [Added by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

In the case of mahals consisting partly of an area to which the notification under Section 4 applies and partly of an area to which the notification docs not apply the land revenue shall be apportioned in the following manner.Statement shall be prepared separately for each part of the mahal showing :

(1)Commuted cash rent's of grain rented holdings according to the rent rate applicable.

(2)Valuation at ex-proprietary rates of all sir, khudkasht, land in personal cultivation and groves held by all intermediaries (including the plots held by tenants or occupants to whom sirdari or bhumidari rights accrue).

(3)Valuation at hereditary rates or other cultivated areas for which rents are not recorded, i.e., land held by occupiers of class 10-A in Agra or class 5-A in Avadh, and land for which rent is payable but not determined.The assets of each part of the mahal shall be calculated separately by adding the total recorded rent and the sayar of each part to the mahal to the aggregate of the statements mentioned above. The land revenue for each part of the mahal shall be apportioned in proportion to the assets of each part.]

39B.

(1)The Compensation Officer shall prepare a statement in Z.A. Form 26 showing the deductions to be made from the gross assets.

(2)The proportionate Agricultural Income-tax and super-tax on sir khudkasht, and intermediarys grove and land in personal cultivation, which is settled with the intermediary as bhumidhar, shall be calculated in Forms F and G, and the amount entered in column 9 of Form G shall be added to the amount in Column 7 of the statement in Z.A. Form 27 :[Provided that where the amount so calculated and totalled for all the Estates held by the intermediary exceeds the amount of proportionate Agricultural Income-tax and super-tax payable in the previous agricultural year in respect of agricultural income under Section 6 of the U.P. Agricultural Income-tax Act, 1948, together with income from his groves, the latter amount less the amount already entered in column 14 of Z.A Form 26, shall be added to Column 7 of the Statement in Z.A. Form 27.] [Added by Notification No. 4819/1-A-1042-1955, dated 16.09.1955.]

39C. [ [Added by Notification No. 3266/I-A-1056-1954, dated 17.08 1954.]

In the case of manzuridars, atiadars and muqarraridars of the merged Banaras State to which Notification No. 1830 (1)/I-A-1060-53, dated July 1, 1953, applies, the cost of management and irrecoverable arrears of rent shall be deducted at the rate of 25 per centum of the assets remaining after deducting the land revenue payable from the total gross assets]

40.

From the statements prepared under the foregoing rules the Compensation Officer shall proceed prepare the draft Compensation Roll in Z.A. Form 27. After thoroughly checking this and the subsidiary statements the Compensation Officer shall [* * *] [Deleted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] affix his signature against each entry.

40A. [ [Added by Notification No. 9203(1)/I-A-463-1952, dated 11.02.1953.]

In order to determine the class to which an intermediary belongs for the purpose of assessing rehabilitation grant in the case of an estate-

(1)in permanently settled areas which is not assessed to land revenue,

(2)in temporarily settled areas which is not assessed to land revenue or local rate.the land revenue shall be computed at 35 per cent of the gross assets calculated according to the provisions of Section 39 in temporarily settled areas and 30 per cent in permanently settled areas.]

41. Section 48.

(1)The Compensation Officer shall also prepare separate draft compensation assessment rolls of-

(i)sub-proprietors.

(ii)under-proprietors,

(iii)permanent lessees in Avadh,

(iv)permanent tenure-holders, and

(v)assignees of land revenue whose names are recorded in khewat.

(vi)[ Nankars naqdi recorded in the under-proprietory khewat who receive a certain amount in cash from the proprietor.] [Added by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

(2)In the case of an intermediary mentioned in any of the clauses (i) to (iv) of sub-rule (1) :

(a)the gross assets shall be computed according to the provisions of Section 39 for land included in the holding of such intermediaries :

Provided that in the case of rents including cesses and local rates mentioned in clause (a) of sub-section (1) of Section 39 only the rents payable for land, of which such intermediary is the landholder, shall be included in the gross assets.

(b)the rent payable for such land by such intermediary shall, for purposes of assessment of net assets be treated as if it was land revenue payable by him.

(3)In the case of an intermediary mentioned in clause (v) of sub-rule (1) the land revenue assigned to such intermediary shall in respect of the land be his gross assets.

(4)[ In the case of an intermediary mentioned in clause (iv) of sub-rule (I) the amount payable to such intermediary by the proprietor shall be deemed to be gross assets.] [Added by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]The amount payable by the proprietor to the nankar naqdi shall be deducted from his gross assets.

42.

Where land is held by an intermediary mentioned in any of the clauses (i) to (iv) of sub-rule (1) of Rule 41, the gross assets of the proprietor for such land shall be deemed to be the rent, if any, payable by such intermediary for the land to the proprietor.

43. Section 40.

(a)After the draft compensation assessment roll has been drawn up, the Compensation Officer shall cause a notice in Z.A. Form 28 to be published in the Gazette.

(b)Copies of the notice shall be pasted at the notice board in the office of the Collector of the district, of the tahsil and at a place of public resort in the village in which the estate is situate.

(c)A copy of the aforementioned notice along with a certified extract of the draft compensation assessment roll shall be served on the intermediary in the manner specified in the Code of Civil Procedure

43A. [ Section 56. [Added by Notification No. 5647/I-A-1073-1053, dated 25 08.1953.]

- Before apportioning the compensation between the intermediary and his thekedar, the Compensation Officer shall issue a notice to both parties to appear on a date to be specified by him, and after hearing the parties and considering the evidence produced by them and examining such further evidence as he may consider necessary, pass suitable orders.]

43B. [ [Added by Notification No. 3266/I-A-1056-1954, dated 17.08.1954.]

Where in the course of service of notice under Section 46(1) issued to a recorded intermediary, or otherwise the Compensation Officer comes to know that the intermediary has died, he shall ascertain the names, from the Lekhpal and the Pradhan of the Land Management Committee through the Tahsildar, of all such persons as claim to be heirs of the deceased and issue notice to each one of such persons and also cause a general proclamation to be made in the village in which the property was situate, calling upon them to appear before him to a specified date to prove the extent of their interest in the estate of the deceased. The Compensation Officer shall thereupon take proceedings for determination of the legal heirs of the deceased.]

44.

[* * *] [Deleted by Notification No. 5647/I-A-1073-1953, dated 25 08.1953.]

45. Interim compensation. Section 29.

- As and when the State Government directs the payment of interim compensation, the following procedure shall apply:

(a)Applications for award of interim compensation shall be presented to the Compensation Officer having jurisdiction who shall determine the amount of interim compensation in the manner provided in these rules.

(b)A separate application shall be given in respect of each estate but if the applicant possesses interest in more than one estate situate in the same tahsil, a combined application for such estates may be given.

(c)An application for interim compensation shall contain all the necessary particulars entitling the applicant to such compensation, including full specification of the estate or estates, mahal, pargana, tahsil and district in which it is situated and the period for which the interim compensation has been applied for [where the preliminary publication of the draft compensation assessment roll has been made the applicant shall also mention the serial number of the said roll] [Added by Notification No. 5647/1-A-1073-1953, dated 25.08.1953.]. In the case of a proprietor, it shall also give details of the land revenue assessed, names of recorded cosharers and the share of the applicant [* * *] [Deleted by Notification No. 5647/I-A-1073-1953, dated 25.08 1953.]. In the case of an under-proprietor, sub-proprietor, permanent lessee in Avadh or permanent tenure-holder it shall give details of the rent of the holding names of recorded co-sharers or co-tenants as the case may be, and the share of the applicant. [* * *] [Deleted by Notification No. 5647/I-A-1073-1953, dated 25.08 1953.].

[(c-1) Interim compensation shall be payable as follows : [Substituted by Notification No. 4810/1-A-1042-1955, dated 16.09.1955.]On April 1 and July 1 each year for kharif and rabi respectively up to the year 1362 Fasli, and thereafter on January 1 and July 1 respectively.][(c-II) Applications made on or after July 1, 1953, shall state whether or not the applicant has received any interim compensation and if he has, the amount of interim compensation and the date of previous application or applications shall be given.] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.][(c-III) No court fee shall be charged upon applications for interim compensation.] [Added by Notification No. 5647/I-A-l073-1953, dated 25.08.1953.]

(d)All such applications shall be duly verified in the manner provided for the verification of plaints in the Code of Civil Procedure.

46.

(1)Subject to sub-rules (2) and (3), interim compensation payable to an intermediary under Section 29, shall be calculated on the basis of record of rights for the previous agricultural year and be-

(a)in respect of permanently settled estates, a sum equal to one and one-half time the total amount of instalments on account of land revenue which but for acquisition would have been payable therefor [for the period] [Substituted by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.], and

(b)in respect of other estates, a sum equal to the total amount of such instalments :

[Provided that interim compensation shall be payable to waqfs, trusts and endowments, which are for a charitable or religious purpose, in the form of interim annuity:] [Substituted by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]Provided further-

(i)Where land revenue is assessed but is not payable the instalments payable during any period shall for the purpose aforesaid be treated as equal to the amount which would have been fixed it the land revenue had been payable.

(ii)Where no land revenue is assessed the value of the instalment shall be calculated [on the basis of the local rates assessed.] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]

[(ii-a) In the case of an under-proprietor, a sub-proprietor, a permanent lessee in Avadh or a permanent tenure-holder, 90 per cent of the rent paid by him to the proprietor shall be treated as the land revenue for the purpose of calculating the amount of interim compensation.] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]

(iii)Where any estate is held both by a proprietor and by an under-proprietor or sub-proprietor or a permanent lessee in Avadh or a permanent tenure-holder, the land revenue payable by the proprietor shall for purposes aforesaid be deemed to be equal to the difference between the land revenue assessed and the rents payable by the under-proprietor, sub-proprietor, permanent lessee in Avadh or permanent tenure-holder as the case may be :

[(iii-a) In case of an estate- [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]

(i)in permanently settled areas-which was not assessed to land revenue,

(ii)in temporarily settled areas-which was not assessed to land revenue or local rate,

the land revenue shall, for the purpose of calculating the interim compensation, be computed according to Rule 40-A.][* * *] [Deleted by Notification No. 3266/I-A-1056-1954, dated 17.08.1954.]

(2)Any amount already paid to an intermediary on account of interim compensation under-sub-rule (1) shall be deducted in arriving at the amount which may be payable to him upon any second or subsequent application.

(3)[Notwithstanding anything contained in sub-rules (1) and (2), the interim compensation for the year 1361 Fasli, shall be equal to the estimated instalment payable under Chapter IV for the amount of compensation entered on the roll in cases where the draft compensation assessment roll has been published.] [Substituted by Notification No. 4819/I-A-1042 1955, dated 16.09.1955.][Provided that the interim compensation for kharif and rabi 1360 shall be paid in accordance with sub-rule (1).] [Added by Notification No. 5647/I-A-1073-19S3, dated 25.08.1953.]

46A.

The total amount of interim compensation shall not exceed [(50) per cent of the amount of total compensation.] [Substituted by Notification No. 4819/I-A-1042 1955, dated 16.09.1955.]

47.

The interim compensation be paid in cash.

48. [ [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

All arrears of land revenue, cesses, local rates, owners rates and all arrears on account of tax on agricultural income assessed under the U.P. Agricultural Income Tax Act, 1948 due from an intermediary in respect of his Estate for any period prior to the date of vesting and all amount ordered to be paid by an intermediary to the State Government under Sections 27 and 28 of the U.P. Encumbered Estates Act, 1934, which had fallen due before June 30, 1952, as also amounts due under the Land Improvement Loans Act, 1883, or the Agricultural Loans Act, 1884 which remain unpaid on the date of interim compensation, shall be deducted from the amount of interim compensation].

49.

An intermediary shall be entitled to apply for interim compensation in the first instance after the expiry of nine months from the date of vesting [and subsequently when another instalment of interim compensation becomes payable in accordance with sub-clause (c-1) of Rule 45.] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]

50.

Where one or more instalments of interim compensation have not been applied for the intermediary shall be entitled to apply for the payment of such of the instalments of the interim compensation to which he is entitled up to and until the date on which the amount of compensation is determined [or the transmission of an indent for Zamindari Abolition Compensation Bonds to the Public Debt Office, whichever is later.] [Added by Notification No. 1130/I-A-l699-1953, dated 11.03.1954.]

51. Section 29(2).

- The person in whose favour an order for payment of interim compensation has been passed, shall, [subject to the provisions of Rule 52. execute an agreement in Z.A. Form 29-A or 30-A] [Substituted by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.] as the Compensation Officer may direct, undertaking to repay the amount in excess of the amount determined as compensation :[Provided that no agreement shall be required to be executed by a person whose roll has been made final.] [Added by Notification No. 4819/I-A-1042-1955, dated 16.09.1955.]

52.

If the right, title or interest of any intermediary in respect of any estate or part thereof is in dispute the interim compensation shall be payable to the person whose name is recorded in the record of rights of the previous agricultural year, In all such cases the Compensation Officer shall require the applicant to furnish security either by himself or through sureties, the value of his security not being less than 11/2 times the amount of the interim compensation to be paid, and shall have the bond in Z.A. Form [30 or] [Added by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.] 31 executed. It the whole or any part of amount of the interim compensation paid to the applicant is in excess of the compensation, if any, payable to him, and the applicant fails to refund the amount within three months of the demand the property pledged with Government as security or any part thereof may be sold and the proceeds applied to the payment of such amount including costs incurred for the recovery thereof.

53.

The Compensation Officer shall maintain a register in Z.A. Form 32 in which all entries in respect of payment of interim compensation shall be made. [The voucher shall be prepared in Z.A. Foam 31-A.] [Substituted by Notification No. 5647/I-A-1073-1953, dated 25.08.1953.]

54. Section 30.

- The Treasury Officer shall intimate to the Compensation Officer concerned in Z.A. Form 33 the payments of interim compensation made.

55.

(1)Before the award for payment of compensation has been made the Compensation Officer shall examine the register of interim compensation and if any amount has been paid as interim compensation deduct the same from the amount of compensation finally payable. He shall also cause simultaneously to be entered in the register [in Z.A. Form 38] [Added by Notification No. 4819/I-A-1042-1955, dated 16.09.1955.] the total amount of compensation and the net amount payable after deduction of interim compensation.

(2)If the interim compensation which has been paid exceeds the total amount of compensation, the Compensation Officer shall record the fact in the register of interim compensation in Z.A. Form 32 and the register for payment of compensation in Z.A. Form 38 and shall forward report containing full details to the Collector for recovery of the amount paid in excess.

55A. [ [Added by Notification No. 5468/I-A-1544-1953, dated 04.09.1953.]

(1)As and when the State Government directs, interim annuity shall be payable to waqfs, trusts or endowments which are for religious or charitable purpose.]

(2)An application for the award of interim annuity shall be presented to the Compensation Officer having jurisdiction, who shall determine the amount of annuity in the manner provided in these rules.

(3)A separate application for interim annuity shall be given in respect of each estate but if the application possesses interest in more than one estate situated in the same tahsil, a combined application for such estates may be given.

(4)An application for interim annuity shall contain all the necessary particulars entitling the applicant to such annuity including full specification of the estate, or estates, mahal, pargana, tahsil and district in which it is situate. In the case of a proprietor, it shall give details of the land revenue assessed and the share of the applicant and in the case of an intermediary other than a proprietor it shall give details of the rent of the holding and the share of the applicant.[The date on which and the name of the tahsil and district in which application for rehabilitation grant under Section 79 has been filed shall also be stated in the application for interim annuity. In case such application has not been filed, the reasons, for not doing so shall be stated.] [Added by Notification No. 558-RS/I-A-342-D57, dated 16.02.1959.]

(5)All such applications shall be duly verified in the manner provided for the verification of plaints in the Code of Civil Procedure.[(5-A) (i) If the application under Section 79 referred to in sub-rule (4) has been filed, the application for interim annuity shall be entertained by the Compensation Officer but payment thereon shall be made only after it has been allowed by the Compensation Commissioner under proviso to Rule 88-B.] [Added by Notification No. 558-RS/I-A-342-D57, dated 16.02.1959.]

(ii)In case the application under Section 79 has not been filed payment of interim annuity of the current instalment may be allowed but the payment of subsequent instalment(s) thereof shall be refused by the Compensation Officer who may advise the applicant to apply under Section 79 for the determination and payment of annuity:

Provided however, that if in any case the State Government is satisfied that the waqf, trust or endowment has sufficient justification for not filing the application under Section 79 till the next instalment of interim annuity fell due, it might allow the payment of the next instalment of the interim annuity.

(6)The interim annuity shall be calculated on the basis of the record of rights of the previous agricultural year and shall be an amount equal to [three-fourth] [Substituted by Notification No. 3266/I-A-l056-1954, dated 17.08.1954.],of the net assets of-

(i)estates set apart, used or intended to be used exclusively for the maintenance of an educational, religious or charitable institution.

(ii)the proportion of the net assets which was set apart, used or intended to be used exclusively for religious or charitable purpose, in the case of estates not covered by clause (i).

(7)[ The interim annuity shall be payable in two equal half-yearly instalments the first of which shall be payable from and after January 1, and the second from and after July 1, except that the interim annuity for the year from July 1, 1952 to June 30, 1953, shall be deemed to have become payable from and after February 1, 1953.] [Substituted by Notification No. 3266/I-A-1056-1954, dated 17.08.1954.]

(8)The interim annuity shall be paid in cash.

(9)The person in whose favour an order for the payment of interim annuity has been passed shall execute an agreement in Z.A Form 29-B.

(10)A register shall be maintained in Z.A. Form 32-A in which all entries in respect of payment of interim annuity shall be made

(11)The Treasury Officer shall intimate to the Compensation Officer in Z.A. Form 33-A the payment of interim annuity made.

(12)The amount paid as interim annuity shall be deducted from the annuity rehabilitation grant determined under Section 99.

55B.

(1)As and when the State Government directs payment of interim interest on compensation payable in bonds due to waqfs, trusts or endowments for religious or charitable purpose, shall also be made to them in cases where interim annuities have been paid or are payable under Rule 55-A but bonds in respect of compensation have not been indented from the Public Debt Office, Lucknow.

(2)An application for the payment of interim interest shall be presented to the Compensation Officer having jurisdiction, who shall determine the amount of interest in the manner provided in these rules.

(3)A separate application for the payment of interim interest shall be made in respect of each estate but if the applicant possesses interest in more than one estate situated in the same tahsil, a combined application for such estates may be given.

(4)An application for the payment of interim interest shall contain all the necessary particulars entitling the applicant to such payment, including full specification of the estate or estates, mahal, tahsil and district in which it is situate. In cases where one or more instalments of interim annuities have been paid, the application shall also contain specifications of the amounts of interim annuities received by the waqf, trust or endowment and the period for which these amounts have been received.

(5)All such applications shall be duly verified in the manner provided for the verification of plaints in the Code of Civil Procedure.

(6)The amount of interim interest payable shall be calculated at the rate of 2½ per cent per annum on the estimated amount of compensation payable to the waqf, trust or endowment in bonds.

(7)Interim interest shall be paid in half-yearly instalments-the first instalment falling due on or after 1st January and the second instalment falling due on or after 1st July every year, except the instalment of interim interest from the date of vesting up to June 30, 1955 which shall be deemed to have become payable from and after 1st July, 1955.

(8)Payment of interim interest shall be made in cash through voucher in Zamindari Abolition Form 31-A

(9)The person in whose favour an order for the payment of interim interest has been passed shall execute an agreement in Zamindari Abolition Form 29C :[Provided that no agreement shall be required to be executed in respect of waqfs, trusts or endowments, compensation in respect whereof has been finally determined.] [Added by Notification No. 2856/I-A-579-D-62, dated 03.07.1953.]

(10)A register shall be maintained in Zamindari Abolition Form 32-B in which all entries in respect of payment of interim interest shall be recorded.

(11)The Treasury/Sub-Treasury Officer shall intimate to the Compensation Officer in Zamindari Abolition Form 33-B all payments of interim interest made in this account.

(12)The amount paid as interim interest shall be deducted from the interest which may be found due to the waqf, trust or endowment on the amount of compensation paid to it.

56. Dispute about title. Section 36.

- On receipt of a certified copy of the plaint or objection supported by an affidavit the Compensation Officer shall immediately cause entry thereof to be made in Z.A. Form 34. If an application for interim compensation has been received regarding the estate concerned an entry shall be made in this behalf in the remarks column in the mislband register maintained for such applications. If such an application is made subsequent to the receipt of a certified copy of the plaint or objection the entry in remarks column in the mislband register shall be made along with the entry regarding the receipt of the application. The serial number of the mislband register shall be entered in Z.A. Form 34 and the serial number of the entry in Z.A. Form 34 in the remarks column of the mislband register.

57.

The certified copy of plaint or objection shall then be placed on the file of compensation case to which it relates, if such file has already been prepared, otherwise a new file shall be opened.

58. Section 64(1).

- When the compensation assessment roll has been prepared the particulars of dispute shall be entered in the remarks column of the compensation assessment roll against the estate or estates concerned. The entry shall contain the following particulars:

(1)Name, parentage and address of the objector.

(2)Nature of plaint or objection.

(3)Date of filing plaint or objection in original court.

(4)Court in which proceedings are pending.

59. Section 61.

- Where the Compensation Officer makes a correction in the draft compensation assessment roll under sub-section (2) of Section 61, he shall intimate the same within 15 days after making correction to the intermediary who is affected thereby.

60.

The correction shall be made by the Compensation Officer in his own handwriting and shall be signed and dated

61. Section 9.

- The court-fee payable on memorandum of appeal to the District Judge under Sections 50 and 57 and to the High Court under [the proviso to Section 50] [Added by Notification No. 4943/I-A-1059-1954, dated 16.11.1954.] Sections 51 and 58 shall be 2 per cent on the value of the subject matter in appeal, and in all other cases as in appeals from others under the Court Fee Act, 1870.

Chapter IV
Payment of Compensation

62.

[Subject to [Rules 66-A and 751] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.], the compensation shall be paid in negotiable bonds [in the from of promissory notes] [Added by Notification No. 9959/I-A-1051-1956, dated 29.11 1956.] which shall be described as Zamindari Abolition Compensation Bonds]

63.

[The bonds [in the form of promissory notes] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] shall be issued in denominations of Rs. 50, Rs. 100, Rs. 200, Rs. 500, Rs 1.000, Rs. 5,000, Rs. 10,000, [Rs. 25,000, Rs. 50,000 and Rs. 1,00,000] [Added by Notification No. U.O. 1315/I-A-Rev.-(D)-51/17-66. dated 26.12.1966.] and shall bear interest at the rate of 2½ per cent per annum on the principal that has not become payable, calculated from the date of vesting. No interest shall be payable on any amount of principal beyond the date on which its payment fell due even though the sum is not realised by the holder of the bond [in the form of promissory notes.] [Added by Notification No 9959/I-A-1051-1956, dated 29.11.1956.]

64.

(1)The interest together with the principal of a bond [in the form of promissory notes] [Added by Notification No. 9959/I-A-1051-1956, dated 29.11.1956.] shall be paid in equated annual instalments, except for the last, as described in Appendix IV during the period of 40 years beginning from the date of vesting :Provided that any bond [in the form of promissory notes] [Added by Notification No. 9959/I-A-1051-1956, dated 29.11.1956.] may be redeemed at an earlier date at the option of the Government.

(2)[ The instalments shall be paid annually on the completion of each period of twelve calendar months form the date of vesting.] [Substituted by Notification No. 9959/I-A-1051-1956, dated 29.11.1956.]

65.

[The instalments due on a bond [in the form of promissory notes] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] from the date of its enforcement shall be payable on presentation from and after the [due date of payment of instalment] [Added by Notification No. U.O. 1315/I-A-Rev (D)-51/17-66, dated 26.12.1966.] next after the delivery of the bond [in the form of promissory notes] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] to the intermediary:Provided, that if one or more instalments have already fallen due before the delivery of the bond [in the form of promissory notes] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.], those instalments shall be payable immediately after the delivery of the bond [in the form of promissory notes] [Added by Notification No. 9959/I-A- 1051-1956, dated 29.11.1956.].]

66.

[The instalments shall be payable at the treasury or sub-treasury in Uttar Pradesh at which the bond [in the form of promissory notes] [Substituted by Notification No. 1130/1-A-1699 1953, dated 11.03.1954.] is enfaced for payment of the instalments.]

66A. [ [Added by Notification No. 9959 I-A-1051-1956, dated 29.11.1956.]

(1)The compensation due to a waqf, trust or endowment shall be paid in the form of stock certificates, which shall be described as Zamindari Abolition Compensation Bond Stock Certificates, subject to the following extent:]

(a)In case of waqfs, trusts or endowments created-

(i)before August 8, 1956, wholly for religious or charitable purpose, and

(ii)on or after August 3, 1946, wholly for charitable purpose, the entire compensation, and

(iii)before August 8, 1946, partly for religious and/or charitable purposes, and partly for other purposes, the portion of the compensation in respect of the religious and/or charitable purposes only.

(b)In other cases as described in Rule 62.

Explanation I. - The profits from any waqf, trust or endowed property or the portion of such profits used or intended to be used for or on the support of the founder or his family, or his or their descendants shall, notwithstanding anything contained in any law to the contrary, be deemed to be profits not used or intended to be used for a religious or charitable purpose.Explanation II. - A society registered under the Societies Registration Act, 1860, having for its object a charitable purpose is a trust for such purpose.

(2)The stock certificates shall be issued for amounts in multiple of Rs. 50 and shall bear interest at the rate of 2½ per cent per annum from the date of vesting [except as provided in sub-rule (3) below.] [Added by Notification No. 3151-RS/I-A-Rev.(D)-21-D-55.]

(3)Interest on a stock certificate shall be paid annually on the completion of each period of twelve calendar months from the date of vesting :Provided that if one or more annual payments of interest have already fallen due before the delivery of the stock certificate, they shall be payable immediately after the delivery of the stock certificate to the waqf, trust or endowment:[Provided further that any amount paid to a waqf, trust or endowment on account of interim interest under Rule 55-B shall be adjusted by the Compensation Officer prior to the indenting of stock certificate under Rule 70, against interest for such number of whole years commencing from the date of vesting accruing on the amount of compensation payable in stock certificate as shall satisfy the amount of interim interest aforesaid. Any residual amount of interim interest, which cannot be adjusted against interest accruing on the amount of compensation payable in stock certificate in round number of years, shall be adjusted by deducting it from the compensation payable in cash under sub-rule (1) of Rule 75 and the interest payable on cash compensation under sub-rule (2) of Rule 75. The payment of annual interest on the stock certificate shall begin from after as many years from the date of vesting as the interest thereof is adjusted towards the interim interest aforesaid. The date from which the interest on the stock certificate will become payable shall be specified by the Compensation Officer on the indent to be made under Rule 70. The Public Debt Office, Lucknow, shall indicate this date on the stock certificate] [Added by Notification No. 3151-RS/I-A-Rev.(D)-21-D-55.]

(4)The principal of a stock certificate shall be paid on the expiry of 40 calendar years from the date of vesting :Provided that any stock certificate may be redeemed at an earlier date at the option of the Government.

(5)The interest on a stock certificate shall be paid by warrants issued by the Public Debt Office, Lucknow, payable at any agency of the Reserve Bank of India conducting Government treasury business in Uttar Pradesh or at any treasury or sub-treasury within Uttar Pradesh, [or, if so expressly requested by the payee, remitted at the payee's risk and responsibility, by money order or by bank draft after making the usual deductions on account of remittance commission] [Substituted by Notification No. 532/I-A-533-63, dated 10.02.1964.].

66B.

In the case of waqf, trust or endowment mentioned at sub-clause (iii) of clause (a) of sub-rule (1) of Rule 66-A, the Compensation Officer shall apportion the compensation due to such waqf, trust or endowment-

(a)for religious and/or charitable purposes, and

(b)for purposes other than religious or charitable, in accordance with the terms of the deed creating the waqf, trust or endowment.

Provided that where the deed creating the waqf, trust or endowment does not exist or where the recitations, in the deed are not unequivocal with regard to the apportionment of the estates or the incomes thereof between religious or charitable purpose and other purposes regard will be had to.-

(a)the wishes, if any, of the founder of the waqf trust or endowment.

(b)the portions of the income from the property and the estates which have generally been used or applied to those purposes, and

(c)the principles of justice, equity and good conscience.

Note. - The appointment made by the Compensation Officer under this rule shall be deemed to be an apportionment for purposes of this Chapter only without prejudice to any decision that may be taken by the Rehabilitation Grants Officer in apportioning the net assets for purposes of Chapter V.

67. Section 72(2).

- [(1)] [Renumbered by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.] [In case Government opts to redeem any class or classes of bonds before they are paid up under [Rules 64 or 66-A] [Substituted by Notification No. 9959/I-A 1051-1956, dated 29.11.1956.] Government will decide what amount, if any, is available for the redemption of the bonds. They will inform the Public Debt Office, [Lucknow] [Substituted by Notification No. 1130A-A 1699-1953, dated 11.03.1954.], of the amount and the class of bonds, if any, which are to be redeemed, not later than four months before the proposed date of redemption The Public Debt Office will arrange as soon as possible for the drawing of lots and will on the completion of the draw, send a list of bonds drawn and to be redeemed to the Finance Secretary to Government, U.P. so as to reach him at least two months before the date of redemption. The list will show the names of the treasuries or sub-treasuries at which the bonds are enfaced. The Finance Secretary will cause this list to be published in the U.P. Gazette and in one or more important newspapers circulating in the areas comprising the treasuries or sub-treasuries at which the bonds are enfaced and will, at the same time, send a notice of discharge to the treasuries or sub-treasuries concerned and also to the Public Debt Office [Lucknow] [Substituted by Notification No. 1130/I-A 1699-1953, dated 11.03.1954.] not later than one month before the date of redemption.]

(2)[ In redeeming the bonds, priority shall ordinarily be given to the bonds held by the intermediaries entitled to small amounts as compensation.] [Added by Notification No. 7996/I-A 1282-1952, dated 08.10.1952.]

68. Section 72(1).

- [In the case of complete redemption of bonds] [Added by Notification No. 1130/I-A 1699-1953, dated 11.03.1954.], the procedure laid down in Chapter VIII of the Government Securities Manual for the payment of terminable loans will be followed at the treasuries or sub-treasuries as regards the payment of the outstanding amount of the principal of the bonds. The discharged bond, shall, as in the case of other U.P. Government securities, be forwarded to the Public Debt Office, [Lucknow] [Substituted by Notification No. 1130/I-A 1699-1953, dated 11.03.1954.], through the Accountant-General, U.P.

69. Sections 68, 72.

- [The bonds shall be issued by the Public Debt Office, Lucknow, on requisition made by the Compensation Officer and shall be transmitted by the Public Debt Office to the Treasury or Sub-Treasury Officer of the district indicated by the Compensation Officer in the indent for the purpose. The bonds shall be enfaced [or registered] [Substituted by Notification No. 1130/I-A 1699-1953, dated 11.03.1954.] for payment of instalments at such treasury or sub-treasury as may be indicated in the indent furnished by the Compensation Officer.]

69A.

The bonds shall be enfaced for payment of instalments at the treasury/sub-treasury of the tahsil in which the estate was situate unless an intermediary applies in advance that the bonds be enfaced for any other treasury/sub-treasury. In case the intermediary desires that the bonds be enfaced at a treasury/sub-treasury other than that of the tahsil in which his estate/estates was/were situate, he shall, soon after he receives a copy of the draft compensation assessment roll intimate to the Compensation Officer concerned the particulars of the treasury/sub-treasury at which he wishes the bonds to be enfaced. The Compensation Officer shall then indicate in the indent in Z.A. Form 34 the name of the treasury/sub-treasury at which the bonds are to be enfaced.

70.

[(1) After the amount of compensation payable to an intermediary has been finally determined, and entries made in the registers in Z.A. Form Nos. 38 and 38-A, the Compensation Officer shall have an indent for bonds in Z.A. Form 34 prepared in quadruplicate showing the [form] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] denomination and number of bonds payable to each intermediary. The Compensation Officer shall fill in columns 1 to 14 only and sign and seal each copy alter satisfying himself that the entries have been correctly shown therein and shall enter in words in his own handwriting the total value of bonds indented, both in the original and copies thereof. He shall despatch three copies to the Public Debt Office, Lucknow, for compliance and retain the original which shall be maintained in the form of a bound register supplied to him, each page whereof shall be numbered. The copies shall be prepared on spare sheets of forms supplied separately and each such copy shall bear the page number of the original from which it has been prepared.

(2)The Compensation Officer shall also maintain an abstract register of indents for bonds in Z.A. Form 35.].

71.

The Compensation Officer shall, not despatch any indent to the Public Debt Office, [Lucknow] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.], after the 26th day of a month.

72.

[(1) The Public Debt Office shall on receipt of the indent in triplicate, retain one copy and forward the other two copies together with the consignment of bonds indented to the Treasury or Sub-Treasury Officer of the tahsil to which the indent relates, after entering in Columns 15 to 23 of the indent the particulars of bonds issued

(2)The Public Debt Office shall also send an intimation of despatch of the consignment in Form No. 34-A to the Treasury or Sub-Treasury Officer as well as to the Compensation Officer concerned.] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

(3)[Immediately on receipt of the consignment of bonds and the indent in duplicate, the Treasury or Sub-Treasury Officer shall verify the contents of the consignment and bonds filling in Column 24 and putting his initials in Column 25 against each entry and affixing full signatures at the end of each page of the indent in both the copies thereof. One copy of the indent shall be returned to the Public Debt in acknowledgement of the receipt of the bonds and the other copy shall be kept office in guard file, in order of receipt.] [Substituted by Notification No. 1715/I-A-1042-1955.]

73.

[The Treasury or Sub-Treasury Officer shall deposit the bonds so received in the Treasury or Sub-Treasury double lock, and send an intimation to the Compensation Officer concerned of the receipt of the particular indent. In case of non-receipt of the indent in full the Treasury or Sub-Treasury Officer shall give intimation thereof to the Compensation Officer, who will then correspond in the matter with Public Debt Office.] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

74.

[(1) The Compensation Officer shall on receipt of intimation in Z.A. Form 34-A enter the number, date of intimation, the number of bonds of each denomination and the total value thereof in the register in Z.A. Form 35. The Compensation Officer shall also lake register in Z.A. Form 34 to the Treasury/Sub-Treasury Officer and enter in Columns 16 to 24 of the register, against each relevant entry, the serial nos. of the bonds, received.] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

(2)The Compensation Officer shall on each day of issue of the bonds take the indent register in Z.A. Form 34 of the Treasury/Sub-Treasury and draw on the basis of entries in the said register, such of the bonds as are to be issued on that date and sign the Treasury/Sub-Treasury double lock Register in Z.A. Form 36 in Part I, against each entry of issue and he shall also sign against each entry of issue in Part II of the same register. He shall not, under any circumstances, retain any undisposed of bonds overnight, or allow them to pass into the hands of an official. Where any bond is not disposed of during the day, it shall be redeposited in the Treasury/Sub-Treasury double lock on the same day.

(3)A register shall be maintained in Z.A. Form 36 in two parts in the Treasury/Sub-Treasury where bonds are stocked. Part I shall be divided into separate portions for bonds of each denomination and the serial number of bonds received shall be entered in it immediately on receipt thereof and entries in Columns 4 and 5 made on issue of the bond to the Compensation Office or in case of return to the Public Debt Office. In case a bond is redeposited in the Treasury/Sub-Treasury double lock it again be entered in the columns for receipts.

(4)Entries in this register shall be made on each working day on which any bond was received or delivered or transmitted. The Sub-Divisional Officer of the tahsil shall verify the stocks at the end of each month and record a certificate in his own handwriting in the said register.

(5)On transfer of a Sub-Divisional Officer or a Collector, the officer taking over charge shall verify the stock of bonds and record a certificate in his own handwriting in both parts of the register.

(6)The Compensation Officer shall maintain a register in Z.A. Form 36-A and enter therein the particulars prescribed therein on each day on which bonds are withdrawn from the Treasury/Sub-Treasury or deposited or redeposited therein. The Compensation Officer shall sign all the entries for each day and the Treasury/Sub-Treasury Officers signatures shall be obtained against each entry of deposit of bonds in the Treasury/Sub-Treasury.

(7)On transfer of a Treasury Officer/Sub-Treasury Officer the Officer taking over charge shall verify the stock of bonds and record a certificate in his own handwriting in both parts of the register in Z.A. Form 36 to the following effect:["Verified and found correct."]

75.

(1)Subject to the sub-rule (2) all such amounts as cannot be covered by bonds shall be paid in cash.

(2)Where the total amount payable to an intermediary does not exceed Rs. 50, it shall be paid in cash. [The amount of interest on cash payment shall also be paid in cash] [Added by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.].

(3)The amount payable in cash under this rule shall be rounded off to the nearest [naya paisa] [Substituted by Notification No. 558-RS/I-A-342-D-57, dated 16.02.1959.].

76.

The Compensation Officer shall calculate interest at 2½ per-cent per annum on the amount [paid or] [Added by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] to be paid in cash from the date of vesting to the date of determination of compensation under Section 52 [or the date of payment whichever is earlier] [Added by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.],

77. [ [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

(1)The Compensation Officer shall issue a notice in Z.A. Form 37-A to the intermediary/intermediaries of a mahal/mahals, in case the number of intermediaries is less then six, and a proclamation in Z.A. Form 37 in case their number exceeds six, directing them to take delivery of bonds and/or receive payment in cash on a specified date. A copy of the proclamation shall be posted at a central place in the village comprising the mahal/mahals and another copy shall be pasted on the notice board of the court of the Compensation Officer. A copy of the proclamation shall also be delivered to the Land Management (Committee of the village. Notice in Z.A. Form 37-A shall issue to only such intermediary/intermediaries who fail to turn up, in compliance with the proclamation on the date specified in the proclamation. On the date so fixed the Compensation Officer shall deliver the bonds and/or make payment in cash through voucher in Z.A. Form 41 to the intermediary/intermediaries or his/their duly authorized agent/agents and take signature of the recipient in token of the receipt on the voucher and/or on Z.A. Form 41-C, as the case may be. The receipt in Z.A. Form 41-C shall be filed along with the roll of the intermediary.

(2)Where rolls are made final on a date subsequent to the issue of proclamation mentioned under sub-rule (1), notice in duplicate, in Z A. Form 37-A shall be issued, one copy of which shall be handed over to the intermediary and the other copy duly signed by him, shall be kept for record with the rolls.

(3)If the notice or proclamation has been duly made and the intermediary does not appear cither in person or through duly authorized agent to receive the bonds until three years have elapsed from the date for which the notice or proclamation was made, the bonds shall be returned to the Public Debt Office by the Treasury or Sub-Treasury Officer along with schedule in Z.A. Form 40 on the receipt of advice from the Compensation Officer or an officer appointed to function on his behalf under sub-rule (4).

(4)In case the Compensation Officer ceases to function before the expiry of the said period the undelivered bonds shall be transferred to the custody of the Officer authorized by the Collector on his behalf. The latter shall then perform all the duties laid down herein for Compensation Officers.

(5)In case any bond remains unclaimed for three years from the date fixed for delivery, the schedule in Z.A. Form 40 shall be prepared in triplicate and two copies along with the unclaimed bonds, shall be transmitted to the Public Debt Office, which shall, after verification, return one copy duly acknowledged to the Treasury or Sub-Treasury Officer.

(6)When bonds are returned to the Public Debt Office under sub-rule (3) an entry in respect of the same shall be made in the register in Z.A. Form 34 in the remarks column and the serial number of the bonds shall be entered in the register in Z.A. Form 38-A and entries made also in Column 20 of the said register. On receipt of acknowledgement from the Public Debt Office entries shall also be made in Columns 21 and 22 of the register in Z.A. Form 38-A.]

77A. [ [Added by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

If after the return of bond(s) to the Public Debt Office, Lucknow, under sub-rule (5)of Rule 77, an intermediary claims his bond(s), he shall be required to make an application therefor to the Compensation Officer concerned in Z.A. Form 40-A. On receipt of the application the Compensation Officer shall check the same and satisfy himself about the identity of claimant and attest his signature in token thereof under his full dated signature and seal of his court. He shall then requisition the bond(s) from the Public Debt Office in Z.A. Form 40-B, which shall be prepared in quadruplicate. In his forwarding note to the Public Debt Offices therein, he shall mention the number and date of the Public Debt Office's acknowledgement of the bond(s) from Column 21 of Z.A. Form 38-A and shall fill in Columns 1 to 13 and sign and seal each copy after satisfying himself that the entries have been correctly shown therein. He shall also enter thereunder in words in his own handwriting the total value of bond(s) recalled, both in original and copies thereof. He shall despatch three copies to the Public Debt Office, Lucknow, for compliance and retain the original which shall be maintained in the form of a bound register supplied to him, each page whereof shall be numbered. The copies shall be prepared on spare sheets of forms supplied separately and each copy shall bear the page number of the original from which it has been prepared. He shall also make suitable note in the remarks columns of Z.A. Forms 34 and 38-A against the entries concerned.]

77B. [ [Added by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

(1)The Public Debt Office, shall on receipt of the requisition in triplicate, retain one copy and forward the other two copies together with the consignment of bonds recalled to the Treasury or Sub-Treasury Officer of the tahsil to which the requisition relates after filling in and signing the endorsement thereunder.

(2)The Public Debt Office shall also send an intimation of despatch of the consignment in Z.A. Form 34-A to the Treasury or Sub-Treasury Officer as well as the Compensation Officer concerned after substituting the words "Recalling Officer" for the words "Indenting Officer" in Column 1.

(3)Immediately on receipt of the consignment of bonds and the requisition in duplicate, the Treasury or Sub-Treasury Officer shall verify the consignment of bonds and affix his full signature at the end under the endorsement meant for him in both the copies thereof. One copy of the requisition shall be returned to the Public Debt Office in acknowledgement of the receipt of the bonds and the other copy shall be kept in guard file, in order of receipt.

(4)The Treasury or Sub-Treasury Officer shall deposit the bonds so received in the Treasury or Sub-Treasury double lock after making entries in Z.A. Form 36, and send an intimation to the Compensation Officer concerned of the receipt of the particular requisition.]

77C. [ [Added by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

(1)The Compensation Officer shall on receipt of the intimation in Z.A. Form 34-A, make entries in the relevant records and take steps for the issue and deposit of bonds and follow- the same procedure as laid down in Rule 74.

(2)The Compensation Officer shall issue a notice in Z.A. Form 37-B to the intermediary concerned to attend the tahsil on any working day that may be fixed by the Compensation Officer for the delivery of bonds and payment of residual amount thereof in cash.

(3)On the date so fixed the Compensation Officer shall deliver the bonds and make payment of the residual amount in cash through voucher in Z.A. Form 41 to the intermediary/intermediaries or his/their duly authorised agent/agents after proper identification and obtaining the signature of the recipient in token of the receipt on the voucher and/or Z.A. Form 41-C, as the case may be. The receipt in Z.A. Form 41-C shall be filed along with the roll of the intermediary. The Compensation Officer shall at the same time make suitable entries regarding payment in all the relevant records in which a note of return of bonds, as unclaimed was made previously e.g., register in Z.A Forms 34 and 38-A, referred to in sub-Rule (6) to Rule 77 and in the file concerned.]

77D. [ [Substituted by Notification No. UO-605/Rajaswa-1-2(8)-75, dated 01.11.1975.]

(1)In case an intermediary, entitled to get cash compensation exceeding Rs. 5 but not exceeding Rs 50.00 fails to take payment within three years from the date of the notice issued to him in Z.A. Form 37-A, the amount shall stand lapsed to the State Government The endorsements to that effect shall be made in the remarks column of Z.A. Form 38 and the Z.A. Register shall thus be closed and consigned to record after reproduction of all such entries in a separate Land Deposit Register which shall be duly verified and initialled by the Compensation Officer.

(2)If an intermediary or his legal representative claims payment of the amount lapsed under sub-rule (1), he shall be required to make an application in Z.A. Form 40-AA. On receipt of the application, the Compensation Officer shall check the same and satisfy- himself about the title and identity of the claimant and attest his signature in token thereof under his full dated signature and seal of his court. He shall then make payment in cash through voucher in Z.A. Form 41.]

77E. [ [Substituted by ibid.]

Where an intermediary desires that such amount of compensation as is payable to him in cash, including interest accruing thereon, be donated for and on his behalf to the National Defence Fund, the Compensation Officer shall on receipt of a request to that effect on the back of the notice issued to the intermediary in Z.A. Form 37-A draw the amount through voucher in Z.A. Form 41, for and on behalf of the intermediary concerned and deposit the same through the District Magistrate in the said Fund in the name of the said intermediary. The receipt in respect of the deposit of the said amount shall be filed along with the Compensation Assessment Roll of the intermediary In case a receipt for the said deposit is desired by the intermediary, it may be given to him by the Compensation Officer after obtaining an acknowledgement therefor from the intermediary which shall be filed along with the said Roll. The number and date of the deposit receipt shall be entered in 'Remarks' column of the register in Z.A Form 38.]

78.

[Payment in cash shall be made through vouchers in Z.A. Form 41. The books containing vouchers and counterfoils shall be kept in the personal custody of the Compensation Officer, who shall before commencing use of a book of voucher, send intimation to the Treasury/Sub-Treasury Officer, as the case may be, in Z.A. Form 41-B.] [Substituted by Notification No. 1130/I-A-1699-1953. dated 11.03.1954.]

78A. [ [Added by Notification No. 2772-R/I-A-Rev(D)-87-D-1954, dated 26.08.1957.]

(i)Where the compensation has been determined but the person entitled to it dies before it is paid to him. the Compensation Officer shall proceed to determine the legal representatives of the deceased.

(ii)In case the amount of compensation is such as is payable in cash, the same shall be paid through a voucher in Z.A. Form 41 drawn in favour of the legal representatives determined as aforesaid.

(iii)In case the amount of compensation is such as is payable in bonds these bonds shall be requisitioned in the name of the legal representatives and delivered to them. Where, however, the bonds have been requisitioned or have been received, they shall be delivered to the said legal representative after an endorsement on the back of each bond made under the signatures of the Compensation Officer duly-bearing the date and seal in the following form:

Please pay to Sri/Sarvsri............................................. being the legal representative(s) of Sri................................... a deceased intermediary as determined in miscellaneous case no.......................... of ....................for the purpose of Section 67 of the U.P. Zamindari Abolition and Land Reforms Act, 1950.Signature.........................................................SealTahsil..........................district..........................Dated............................................................

(iv)The signature of the legal representatives shall invariably be obtained in token of the receipt of the compensation in cash or in bonds on Z.A. Form 41 or Z.A. Form 41-C as the case may be.]

79.

[(1) The Treasury/Sub-Treasury Officer shall furnish in Z.A. Form 39 to the Compensation Officer an account of the vouchers presented and encashed on each day of payment and the Compensation Officer shall on its receipt fill in entries in Column 19 of the register in Z.A. Form 38. The statements in Z.A. Form 39 shall be kept in a guard file in the serial order of receipt. Where no payments are made on any day the Treasury/Sub Treasury Officer shall despatch a blank statement in Z.A. Form 39. The Compensation Officer shall furnish a statement in Z.A. Form 39-A, to the Collector of his district at the end of each month, who shall consolidate the statements so received in Z.A. Form 39-B, in duplicate both copies whereof shall be sent to the Treasury Officer for verification of the totals from the Treasury- records. The Treasury Officer shall verify the figures from his registers and note the verified amount on both the copies of the statement under his dated signatures and return them to the Collector The Collector shall then transmit one copy to the [Compensation Commissioner] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.] by the 20th of each month. In case there is any difference between the treasury departmental a figures the Collector shall institute an enquiry at once and report the result to the [Compensation Commissioner.] [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

(2)In case arrears are to be deducted from the amount pay-able as compensation to an intermediary, the Compensation Officer shall prepare the voucher in Z.A. Form 41-A and enter therein the amount of deductions to be adjusted by-transfer credit and send the same to the Tahsildar who shall make the necessary adjustments.]

80.

[A voucher not cashed for more than three month shall cease to be cashable unless it is countersigned and revalidated for payment by the Compensation Officer. The holder on failure to obtain payment within three months from the date of issue shall submit the voucher with application for revaluation of the same. In case of loss, destruction or mutilation of the original voucher the holder may apply for the issue of a fresh one. In such a case fresh voucher shall not be issued until after the expiry of six months from the date of issue of the original vouchers and after a non-payment certificate has been obtained from the Treasury/Sub-Treasury Officer.] [Substituted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.]

81.

[* * *] [Deleted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.].

82.

[* * *] [Deleted by Notification No. 1130/1-A-1699-1953, dated 11.03.1954.].

83.

[* * *] [Deleted by Notification No. 1130/I-A-1699-1953, dated 11.03.1954.].

84.

[The compensation due to a waqf trust or endowment, or a minor or a person suffering from some legal disability, or a limited owner shall be deposited with/made over to the following authorities or persons for and on behalf of such persons:] [Substituted by Notification No. 2835(iii)/I-A-1042-1955, dated 17.04.1956.]

(i) [ in the case of waqfs, trusts and endowments] [Substituted by Notification No. 9959/I-A-1051-1956, dated 29.11.1956.]		[To the Mutawalli or manager of the waqf, trustor endowment or any person or authority entrusted with themanagement thereof.] [Substituted by Notification No. 9959/I-A-1051-1956, dated 29.11.1956.]
(ii) In the case of (1) a minor if no validlegal guardian such as a natural guardian, a testamentaryguardian or a guardian appointed under the Guardians and WardsAct, 1890, exists and (2) a limited owner or a person sufferingfrom some legal disability without a valid legal guardian, whoselimited ownership or legal disability as the case may be, isproved before the Compensation Officer :		With the District Judge of the district in which the personresides.
Provided that after the compensation has beendeposited with the District Judge, he may, on an applicationbeing presented to him, take steps for appointment of guardian ofthe minor, etc referred to above and shall make over thecompensation to the duly appointed guardian and till theappointment of the guardian the District Judge shall deal withthe compensation in the best interest of the person on whosebehalf it has been deposited with him.
(iii) In the case of (1) a minor, if a validlegal guardian, such as a natural guardian, a testamentaryguardian, or a guardian appointed under the Guardians and WardsAct, 1890, exists, and (2) a person suffering from some legaldisability if a valid legal guardian exists		To the guardian of the person concerned
(iv)[(a) In the case of a female Hindu-] [Substituted by Notification No. 1715/I-A-1042-1955, dated 20.03.1957.]
(1) If the compensation payable to her in a district does notexceed Rs 10,000.		The entire amount shall be made over to her-
(2) If the compensation payable to her in adistrict exceeds Rs. 10.000 and the Compensation Officer, aftermaking such enquiries and in such manner as he may deemnecessary, is satisfied that the female Hindu held the estate orestates in respect of which the compensation is payable as alimited owner under a gift, will or any other instrument or undera decree or order[of the Civil Court or under an awardprescribing a restricted estate or under any other law in forceor enactment governing the estate] [Substituted by Notification No. 2744-RS/I-A 517-D-1956, dated 01.08.1958.]		(a) compensation up to Rs. 10,000 shall be made over to thefemale Hindu, and
(b) the amount in excess of Rs. 10,000 shall bedeposited with the District Judge of the district in which thefemale Hindu resides :
		Provided that if any amount in excess of Rs.10,000 is not covered by-bonds, it shall also be made over to thefemale Hindu,
(3) In case not covered by sub-clause (2) above.		The entire amount shall be made over to the female Hindu.

Explanation. - The word "compensation" in this sub-rule shall not include interim compensation, if any, paid to the female Hindu and any amount of compensation that might have been adjusted towards arrears of Government dues or other amounts under Rule 8-A and 48.

(b)Before the compensation bonds of a [female Hindu] [Substituted by Notification No. 1715/I-A-1042-1955, dated 20.03.1957.] are sent for deposit with the District Judge under sub-rule (iv)(a)(2)(b) above, a [female Hindu] [Substituted by Notification No. 1715/I-A-1042-1955, dated 20.03.1957.] or her duly authorized agent may make an endorsement in favour of the District Judge concerned on the back of each bond under her/his dated signature.

Provided that where [female Hindu] [Substituted by Notification No. 1715/I-A-1042-1955, dated 20.03.1957.] or her duly authorized agent refuses or is unable to make the necessary endorsement, it will be open to the Compensation Officer to make the endorsement on the bonds of the [female Hindu.] [Substituted by Notification No. 1715/I-A-1042-1955, dated 20.03.1957.]

(c)[The District Judge shall deal with the compensation bonds deposited with him in the best interest of the female Hindu and the reversioners, if any. In the ordinary course the District Judge shall pay annually to the female Hindu only the interest portion of the equated annual instalments on the bonds and the interest, if any, accruing on the principal portion of the said equated instalments the principal portion of the equated instalments on the bonds shall, however, be ordinarily preserved by the District Judge and dealt with in accordance with the law governing the right of the female Hindus.] [Substituted by Notification No. U.O. 733/I-A-275-D-59, dated 19.05.1961.]

(d)[* * *] [Deleted by Notification No. 1715/I-A-1042-1955, dated 20.03.1957.]

84A.

Where under the provisions of Section 70, a court or authority requires the Compensation Officer to place at its disposal the amount of compensation payable to an intermediary the Compensation Officer shall take action as below :

(a)Where interim compensation is payable to an intermediary under Rules 45 and 46, the Compensation Officer shall remit such amount out of the same to the court or authority as it may require. Payment so made shall be in full discharge of the liability of the State Government to the intermediary in respect of the said amount.

(b)Where the amount of compensation has been finally determined, and the amount is payable to the intermediary in the form of bonds and/or in cash, the bonds and/or cash to the extent of the amount.required by the court or authority shall be placed at its disposal by the Compensation Officer in the following manner-

(i)where the total value of the bonds together with the amount to be paid in cash is equal to, or less than, the amount required by the court or the authority, all the bonds and the amount in cash shall be placed at its disposal;

(ii)where the total value of the bond is less than the amount required by the court or authority but the same together with the amount to be paid in cash is more than the amount so required the same shall be placed at its disposal primarily in bonds and balance in cash;

(iii)where the value of the bonds exceeds the amount required by the court or authority, the Compensation Officer shall transmit bonds which together with the bonds of the lowest denomination available add up to a value next above the amount required by the Court or authority, as the case may be.

Example. - The amount of compensation payable to an intermediary is Rs. 1,762 and one bond each of the value of Rs. 1,000, Rs. 500, Rs. 200 and Rs. 50 has been indented and received The court: requires the transmission of an amount of Rs. 224. The Compensation Officer shall transmit one bond each of the denominations of Rs. 200 and Rs. 50.

84B.

The bond shall, in every case, be obtained in the name of the intermediary concerned Its endorsement in favour of the decree-holder shall, where necessary, be made by the court or authority requiring the amount.

84C. [ [Added by Notification No. 9959/I-A-1051-1956, dated 29.11.1956.]

In this Chapter the term "bond" or "bonds" shall, unless the subject or the context indicates otherwise, include a stock certificate or stock certificates, as the case may be.]

Chapter V
Rehabilitation Grants

85. [ Section 105-(2)(b). [Substituted by Notification No. 2221-R/l-A-1042-1955, dated 10.01.1956.]

- The Rehabilitation Grants Officer shall, as soon as may be, prepare with the help of statements in Z.A. Forms 10-A, 11 and 24, a statement in R.G. Form 1, showing particulars in respect of transfers made on or after July 1, 1948 and in the case of non-resident intermediaries, send extracts from this statement to the Rehabilitation Grants Officers of the Tahsils in which they reside.If the intermediary docs not reside in the jurisdiction of any Rehabilitation Grants Officer in U.P., the said extract shall be sent to the Compensation Commissioner who shall circulate it to all the Rehabilitation Grants Officers in the State.]

85A. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

A list in R.G. Form 2, shall be prepared by the Collector of each district in respect of all intermediaries who paid a land revenue exceeding Rs. 10,000 in respect of the estates vested in the State under the Act, and copies of the list shall be sent to all Rehabilitation Grants Officers in whose jurisdiction they held estates. No application presented by intermediaries recorded in R.G. Form 2, shall be maintainable except for annuities in the case of waqfs, trusts and endowments entitled to annuities.

85B.

The application for determination and payment of Rehabilitation Grant under Section 79 shall be filed in R.G Form 3 and one or more of the schedules in R.G. Forms 1 to 7 as may be necessary and shall be accompanied by copies of the relevant Compensation Assessment Rolls in Z.A. Form 27 and an affidavit in R.G. Form 8.Explanation. - Where copies of the Compensation Assessment Rolls issued to the intermediary are not available with him, certified copies of the same may be filed.Where a copy of the Roll aforesaid has not been issued to the intermediary under Section 53 of the Act, it shall be so supplied free of charge on demand.

85C.

(i)Every application under Section 79 shall be presented to the Rehabilitation Grants Officer by the intermediary concerned in person or by his duly authorized agent or counsel as provided under Section 84.

(ii)Where the principal office of a waqf, trust or endowment or a corporation is not situate within the jurisdiction of any Rehabilitation Grants Officer the application shall be made before any Rehabilitation Grants Officer within whose jurisdiction its estate or estates are situate

(iii)Where a waqf, trust or endowment entitled to an annuity under Section 99 held estate or estates in areas in respect of which the notification under Section 4 was issued on different dates, separate applications shall be given in respect of estates in such areas provided that all such applications shall be presented before the same Rehabilitation Grants Officer.

85D.

The provisions of Order XIX of the First Schedule of the Code of Civil Procedure, 1908, and of the Rules relating to affidavits framed by the Allahabad High Court under Section 122 of the said Code shall apply to the proceedings in the court of the Rehabilitation Grants Officer.]

85E. [ [Added by Notification No. 950-RS/I-A-1031(7)-1958, dated 18.03.1959.]

(1)Before making an application for the rehabilitation grant on behalf of the debtor-intermediary under Section 79-A. the Collector seized of the Encumbered Estates Act case shall enquire, on the basis of the particulars of estates available in the Encumbered Estates Act case file, from the Rehabilitation Grants Officer concerned and the debtor-intermediary whether application under Section 79 has been filed or not. If no such application has been filed, or if it has been filed but has been found to be defective or is found to have been rejected on account of any laches of the debtor, the Collector shall issue notice, to the debtor-intermediary requiring him to submit within fifteen days from the receipt of the notice-

(a)a list of all his estates situate in Uttar Pradesh, other than those reported to be liable to attachment or sale under the provisions of sub section (2) of Section 19 of the U.P. Encumbered Estates Act, along with an affidavit;

(b)copies of compensation assessment rolls in Z.A. Form 27 of all his estates situate in Uttar Pradesh, and

(c)additional information in Annexure 1 to Rehabilitation Grant Form 3, along with the copy of the deed relating to the creation of waqf, trust or endowments in case the debtor-intermediary is a waqf, trust or endowment.

(2)In case the debtor-intermediary fails to submit the documents or information required in sub-rule (1), the Collector shall ascertain the details of the estates of the debtor-intermediary for which compensation has been paid or is payable under the Act by enquiries from creditors or other sources as best as possible. The Collector shall also obtain on payment of prescribed fee copies of compensation assessment rolls in Z.A. Form 27 of all estates of debtor-intermediary. The cost of obtaining copies shall be realized from the debtor applicant as provided in Rule 14 of the Rules framed under the UP. Encumbered Estates Act, 1934.

(3)The application for determination and payment of rehabilitation grant under Section 79-A, shall be filed by the Collector on behalf of the debtor-intermediary in Rehabilitation Grant Form 3-A, before the Rehabilitation Grants Officer through an official authorized in this behalf in writing on the basis of the information available in the file of the Encumbered Estates Act case and that collected under sub-rule (1) and (2) If the land revenue of all the estates of debtor-intermediary is Rs. 10,000 or above, no application for rehabilitation grant shall be made on his behalf by the Collector

(4)The Rehabilitation Grant Officer shall, after determining rehabilitation grant payable to such debtor-intermediary, place it at the disposal of the Collector. The Collector shall, utilize only that portion of the rehabilitation grant of the debtor-intermediary for the liquidation of his debts under the Encumbered Estates Act case which corresponds to the land revenue payable for the estates found to be liable to attachment or sale under the provisions of sub-section (2) of Section 19 of the U.P. Encumbered Estates Act.

(5)The application made by the Collector under sub-rule (3) will be joined with the application of the debtor-intermediary, if any, and both will be heard as if they were one application.

85F.

Rehabilitation Grant Officer may, for purpose of determination of the amount of the rehabilitation grant payable to the debtor-intermediary, call upon under Section 323 the debtor-intermediary or any other person to produce such papers to furnish such additional information, as may be necessary but not available in the application in Rehabilitation Grant Form 3-A.]

86. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

As soon as an application for rehabilitation grant has been duly presented the Rehabilitation Grants Officer shall have it registered in the register in R.G. Form 9].

86A. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

As soon as an application has been registered in R.G. Form 9, the Rehabilitation Grants Officer shall make preliminary examination thereof on the following points :

(a)Whether any application for rehabilitation grant except as provided under sub-rule (iii) of Rule 85-C, was filed by the same applicant before :

(b)whether the application is in proper form ;

(c)whether a proper affidavit has been filed;

(d)whether authorized copies of the Compensation Assessment Rolls have been filed;

(e)whether the name of the applicant appears in R.G. Form 1;

(f)whether the name of applicant is entered in the statement in R.G. Form 2;

(g)whether any stop payment and enquiry advice, in R.G. Form 11, has been received and entered in R.G Form 13-A.]

86B. [ [Added by Notification No. 2221-R/1-A-1042-1955, dated 10.01.1956.]

(1)After completing the preliminary examination the Rehabilitation Grants Officer shall record an order cither rejecting or provisionally admitting the application.

(2)If the application is rejected on the ground that an application except as provided under sub-rule (iii) of Rule 85-C has previously been filed by the same applicant or stop payment and enquiry advice in R.G. Form 11 has been received from another tahsil in respect of the applicant or the name of the applicant is recorded in R.G. Form 2 such further proceedings under Section 83 shall be taken against the applicant as the Rehabilitation Grants Officer may consider necessary.

(3)If the application is provisionally admitted but is found to contain any defect or omission (not vitiating the application), the applicant shall be called upon to rectify the defects within a period of [15] days, from the date of receipt of an order in that regard. Suitable extensions may be given to the applicant for the purpose at the discretion of the Rehabilitation Grants Officer].

86C.

If after preliminary examination the application is found to be in order and in case in which there were any defects or omissions and they have been removed, the Rehabilitation Grants Officer shall finally admit the application and proceed as follows :

(1)In respect of estates situate within his jurisdiction verification as to net assets, land revenue and other particulars as given in the application shall be made from the relevant compensation assessment roll in Z.A. Form 27 and register in Z.A. Form 38, and endorsements made under his signatures in the following form on Z.A Form 27 and against the relevant entry in Z.A. Form 38 :"Application for rehabilitation grant received on..................................and entered at no.........................of R.G Form 9."

(2)If the application contains particulars of estates situate in other tahsils stop payment and verification advice in R G. Form 11 shall be issued to the Rehabilitation Grants Officer concerned.

(3)If in the compensation roll in Z.A. Form 27 the applicant is recorded as resident in the jurisdiction of another Rehabilitation Grants Officer in whose jurisdiction the applicant has no estates, then in such cases also the advice in R.G. Form 11 (after suitable deletions therein) shall be issued to the Rehabilitation Grants Officer concerned. If, however, the applicant is recorded as resident of a place situate within the State but in an area to which the Act does not apply the advice in R.G. Form 11 as above shall be sent to the Tahsildar concerned of such area and in case the applicant is recorded as resident of a place outside the State the advice shall be sent to the Compensation Commissioner.In case in which the applicant is found to be recorded as resident in respect of more than one such place the above notice in R.G. Form 11 shall be issued to all such places

(4)All advices in R.G. Form 11 shall be entered in a register in R.G. Form 13, as and when issued.

86D. [ [Substituted by Notification No. 9285/I-A-1051-1956, dated 01.11.1956.]

As soon as action under Rule 86-C has been taken, the Rehabilitation Grants Officer shall proceed under Section 85 of the Act, but cases in which stop payment and verification advice in R.G. Form 11 have been issued, verification reports must be awaited before proceedings are taken under the said section.]

87. [ [Substituted by ibid.]

(1)The date of hearing to be fixed under sub-section (1) of Section 85 shall, except in the case of waqf, trust and endowment, not usually to later than fifteen days from the date of admission of the application under Rule 86-C, but the period aforesaid may be extended where the Rehabilitation Grants Officer deems it necessary. The notice referred to in sub-section (1) of Section 85 shall be issued in R.G Form 14 [only in cases where preliminary enquiry is not completed on the date of the presentation of the application or where special notice has to be given to any other person.]

(2)The general notice to be published under Section 85(2) shall be in R.G. Form 14-A. It shall be published in Gazette, pasted on the notice board of the office of the Rehabilitation Grants Officer and a copy shall be sent to the Chairman of the Land Management Committee concerned for publicity. The time allowed for filing objections in such cases shall be [one month] [Substituted by Notification No. 4311-RS/I-A-1078-1958, dated 14.12.1959.] from the date of such publication in the Gazette.]

(3)[ In a case where preliminary enquiry is completed on the date of the presentation of the application and where no special notice has to be given to any other person, the notice of the application and of the date of hearing as required under Section 85 shall be given to the applicant on the same date and in proof thereof his signatures shall be obtained on the order sheet of the file and a notice regarding the presentation of such application and the date fixed for hearing be pasted on a conspicuous part of the office of the Rehabilitation Grants Officer as required under clause (b) of Section 85(1) of the Act.] [Substituted by Notification No. U.O. 605-Rajaswa-1-2(8)/75, dated 01.11.1975.]

88. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

All enquiries in R.G. Form 11 received for verification by the Rehabilitation Grants Officer/Tahsildar/Compensation Commissioner from other tahsils shall be entered in a register in R.G. Form 13-A, which shall be maintained in the alphabetical order. Such enquiries should be promptly attended to and answered within a week of receipt.The details shall be verified from R.G. Forms 1, 2, 9, 13 and 13-A, as the case may be. Cases in which there are estates of the applicant in the Tahsil, verification shall also be made from the relevant Z.A. Forms 27 and 38 and endorsement made under the signature of the Rehabilitation Grants Officer in the following form in the Z.A. Form 27 and against the relevant entry in Z.A. Form 38:"R.G. Form 11 received and entered at serial no ______________________of R.G. Form 13-A."]

88A.

As and when answers to enquiries made in R.G. Form 11 are received entries in registers in R.G. Forms 12 and 13 shall be completed. The reports received shall be placed on the files of the applicants concerned and promptly scrutinized in order to find out whether order for payment of the rehabilitation grant has been passed or not. [* * *] [Deleted by Notification No. 9285/I-A-1051-1956, dated 01.11.1957.].

88B. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

In the case of waqf, trust or endowment no interim annuity shall be payable after the presentation of the application referred to in Rule 85-C.Provided that the Compensation Commissioner may, in his discretion, allow the payment of interim annuity in any case where he considers that non-payment thereof will cause hardship.]

88C. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

Objections filed under Section 86 shall be entered in misalband register in R.G. Form 15 and the notice to be served under Section 87 shall be issued in R.G. Form 16.]

89. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The Rehabilitation Grants Officer shall, when he proceeds to determine the amount of rehabilitation grant, examine entries in the register in R.G. Form 1 in cases in which transfers have been made on or after July 1, 1948 and take action as follows :In case of the intermediary-

(i)who is a transferor, the amount of land revenue shown in R.G. Form 1 shall be added to the amount of aggregate land revenue assessed or deemed to be assessed on the intermediary. and the multiple applicable shall then be calculated,

(ii)who is a transferee, and-

(a)he held no estates other than those transferred to him on or after July 1, 1948, the multiple shall be the same as applicable to the transferor,

(b)he held estates other than those transferred to him on or after July 1, 1948, the multiple shall be as follows :

(i)the rate applicable to the transferor in respect of the transferred estates, and

(ii)the prescribed rate in respect of estates other than those transferred.]

89A. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

In the cases of intermediaries who died on or after July 1, 1952, [legal representatives] shall be [determined] [Substituted by Notification No. 9285/I-A-1051-1956, dated 01.11.1956.] in the same manner as for payment of compensation. The multiple applicable would however be the same in the case of successors as would have applied to the intermediary had he been alive.

89B.

(i)The amount to be allowed by the Rehabilitation Grants Officer on account of management and other charges under Section 89 shall be equal to the amount specified in the deed of waqf, trust or endowment or 15 per centum of the net assets calculated under Section 44, whichever is less:

Provided that where the Rehabilitation Grants Officer, for reason to be recorded, considers that such amount should be allowed at a rate exceeding 15 per centum of the net assets he shall refer the matter to the Compensation Commissioner for orders.

(ii)Any expenditure on account of management and other charges exceeding the amount allowed under sub-rule (i) shall be deemed to be income set apart, used or intended to be used exclusively for a purpose other than religious or charitable.]

90. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The order disposing of the claims or objections passed by the Rehabilitation Grants Officer shall contain the following particulars in addition to other points which he may consider necessary:

(a)name of the applicant and objector, if any;

(b)a brief statement of the nature of the claim and the objection, if any, with necessary particulars in respect of the subject thereof;

(c)the points for determination or at issue;

(d)the finding or decision with reasons therefor upon each separate point for determination or issue unless the finding or decision upon any one or more of the points for determination or at issue is sufficient for the decision of the case, and

(e)final orders upon the claim or objection as a whole.]

90A. [ [Added by Notification No 2221-R/I-A-1042-1955, dated 10.01.1956.]

After the objections, if any, filed under Section 86 have been decided and the enquiry- under Section 90 has been completed the Rehabilitation Grants Officer shall cause a statement to be prepared in R.G. Form 17 or in the case of a waqf, trust or endowment belonging to class (a) of Section 76 in R.G. Form 18, or in the case of a waqf, trust or endowment belonging to class (b) of Section 76 in R.G. Form 19, or in the case of a waqf, trust or endowment belonging to class (c) of Section 76 in R.G. Form 20. The Rehabilitation Grants Officer shall also determine the amount payable as rehabilitation grant and note the amount in words and figures in his own handwriting and affix his full signature and seal along with date.

90B.

The amount of rehabilitation grant payable to an intermediary shall be calculated in whole rupees. Fraction of a rupee shall be ignored if the amount is one-half or less than one-half of a rupee, but if it is more than one-half of a rupee, it shall be deemed to be whole rupee.

90C.

Where the aggregate land revenue assessed or deemed to be assessed on the estates for which rehabilitation grant under Section 98 of the Act is payable, exceeds Rs. 25 but not Rs. 50, marginal adjustment will be made according to the formula given below :Suppose the aggregate land revenue = X and the aggregate net assets = Y,

The amount payable as rehabilitation grant shall be Y x l7 or| Y x 25 x 20x

whichever is greater.In the same way marginal adjustment for estates in serial Nos. 3 to 9 of Schedule 1 of Section 98 shall be made according to the following formula :]

Land revenue assessed or deemed to beassessed on all the estates of the intermediary in the areas towhich the Act applies	Marginal adjustment
1	2
	The rehabilitation grant shall be -
Exceeding Rs.50 but not Rs.100 Y x 14 or	{\|
Y x 50X\| x 17, whichever is greater

|-| Exceeding Rs.100 but not Rs.250 Y x 11 or|

Y x 100X| x 14, whichever is greater

|-| Exceeding Rs.250 but not Rs.500 Y x 8 or|

Y x 250X| x 11, whichever is greater

|-| Exceeding Rs.500 but not Rs.2,000 Y x 5 or|

Y x 500X| x 8, whichever is greater

|-| Exceeding Rs.2,000 but not Rs.3,500 Y x 3 or|

Y x 2,000X| x 5, whichever is greater

|-| Exceeding Rs.3,500 but not Rs.5,000 Y x 2 or|

Y x 3,500X| x 3, whichever is greater

|-| Exceeding Rs.5,000 but not Rs.10,000 Y x 1 or|

Y x 5,000X| x 2, whichever is greater

90D. [ Section 105(1). [Added by Notification No. U.O. 733/1-A-375-D-59, dated 19.05.1961.]

- In the case of an assignee of land revenue referred to in clause (v) of sub-rule (1) of Rule 41, the land revenue in respect of his estate for the purpose of assessing rehabilitation grant shall be deemed to be-

(i)if the estate was situate in permanently settled areas, sum computed at 30 percent of the gross assets calculated under Chapter III of the Act, and

(ii)if the estate was situate in a temporary settled area, a sum computed at 35 per cent of such gross assets.]

[90[E] [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]. The provision of Orders I to XV and Orders XXVI, XXXI and XXXII of the First Schedule to the Code of Civil Procedure 1908, and the Rules added to the said Orders by the Allahabad High court in so far as they relate to suits for immovable property shall apply to the Court of the Rehabilitation Grants Officer.]

91. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

Annuity shall be payable to the following classes of waqf, trust and endowments :I-Waqf, trusts and endowments recorded as intermediaries in the khewat for 1359 Fasli and created-

(a)before August 8, 1946, for religious purposes or for charitable purposes, or partly for religious and partly for charitable purposes,

(b)[on or] after August 8, 1946, for charitable purpose only.

II-Waqfs, trusts and endowments not recorded as intermediaries in the khewat, but which were beneficiaries under some deed of charge against the whole or part of the income of an estate and were created-

(a)before August 8, 1946, for religious and/or charitable purposes;

(b)[on or] [Ibid.] after August 8, 1946, for charitable purpose only.

III-Waqfs, trusts and endowments recorded as intermediaries in the khewat of 1956 Fasli and created before August 8, 1946, partly for religious and/or charitable purposes and partly for purposes other than religious or charitable.IV-Waqfs, trusts and endowments recorded as intermediaries in the khewat, but which were beneficiaries under some deed of charge against the whole or part of the income of an estate and were created before August 8, 1946, partly for religious and/or charitable purposes and partly for purposes other than religious or charitable. In such eases annuity is payable on the portion of the income stipulated in the deed creating the waqf, trust or endowment for expenditure on religious and/or charitable purposes only.Explanation. - The following classes of waqfs, trusts and endowments shall not be entitled to annuity :Waqfs, trusts and endowments-

(a)created [on or] [Added by Notification No. 9285/1-A-l051-1956, dated 01.11.1956.] after August 8, 1946, for religious purposes only;

(b)created [on or] [Ibid.] after August 8, 1946, for partly religious, and partly charitable purposes;

(c)created [on or] [Ibid.] after August 8, 1946, for charitable purposes, but the recognition of which has been withheld or denied by Government under Section 77 of the U.P. Zamindari Abolition and Land Reforms Act, 1950;

(d)created for purposes other than religious or charitable.]

91A. [ Section 105(2)(g). [Added by Notification No. 2221-R/I-A-1042-1956, dated 10.01.1956.]

- The following procedure shall be adopted for the determination of an eligibility to receive annuity :

(1)In the case of waqfs, trusts and endowments at sub-rule 1(a) of Rule 91 the amount of annuity shall be paid as provided in the rules, if any entry in the khewat exist.

(2)In the case of waqfs, trusts and endowments at sub-rule 1(b) of Rule 91, the deed shall be examined to ensure that the waqf, trust or endowment was created for charitable purposes only and such further enquiries may be made as may be considered necessary to determine whether or not the recognition of the waqf, trust or endowment should be withheld and in case of Rehabilitation Grants Officer arrives at the latter conclusion, he shall not determine annuity but report the case to the Collector who shall forward details in R.G. Form 21 together with reasons for recommending refusal of recognition to the Government through the [Compensation Commissioner]

(3)In the case of waqfs, trusts and endowments at sub-rule 11(a) of Rule 91, the registered deed of waqfs, trusts or endowments should be examined to ascertain the extent of charge. In case a registered deed does not exist or its contents are not clear, the orders of the assessing authority under Section 8 of the U.P. Agricultural Income fax Act, 1948, in case the intermediary7 on whose estate the waqf, trust or endowment was a charge was assessed to agricultural income-tax in any of the previous years, may be consulted and if the income so claimed to have been a charge was excluded or exempted from assessment under the said Act, the claim should be recognized to the extent of the proof so obtained. In addition to or in lieu of the orders of the assessing authority the notifications made under Section 5 of the U.P. Muslim Waqfs Act, 1936 (XIII of 1936) may be consulted and in case it was so published the claim should be recognized to the extent of the proof.

(4)In the case of waqfs, trusts and endowments at sub-rule II(b) of Rule 91, the registered deed under which the waqf, trust or endowment was created should be consulted and the same principles shall be observed as in sub-rule (3) above. If the contents of the deed are not clear or no deed exists or the deed cannot be produced, the claim should not be admitted unless otherwise proved through the pronouncement of a court of law or orders of Government.

(5)In the case of waqfs, trusts and endowments at sub-rule III of Rule 91, the deed shall be examined to ascertain the amount stipulated to be spent on religious and/or charitable purposes, as distinct from the amount stipulated to be spent on purposes other than religious or charitable. In case a registered deed does not exist or its contents are not clear, the orders of the assessing authority under Section 8 of the U.P. Agricultural Income Tax Act, 1948. may be consulted and in case the waqf, trust or endowment was assessed to agricultural income-tax (in view of part of the income being utilized for purposes other than the religious and/or charitable), and if the income claimed to have been spent on religious and/or charitable purposes was excluded or exempted from assessment under the said Act, the claim should be recognized to the extent of the proof so obtained In addition to or in lieu of the orders of the assessing authority the notification made under Section 5 of the U.P. Muslim Waqfs Act, 1936 (XII of 1936), may be consulted and in case waqf, trust, or endowment was so published, the claim should be recognized to the extent of the proof. Alter the proportion of the income set apart for expenditure on religious and/or charitable purposes to the total income has been ascertained, the Rehabilitation Grants Officer should proceed to distribute the net assets of the estate or estates, as the case may be, into two parts; one part being the portion of net assets for expenditure on religious and/or charitable purposes and the other being portion of net assets of waqf, trust or endowment for purposes other than religious or charitable. Annuity shall be payable on portion of net assets for expenditure on religious and/or charitable purposes. Rehabilitation grant shall be payable on the other portion.

(6)In the case of waqfs. trusts and endowments at sub-rule (4) of Rule 91, the same principles shall be observed for the determination of the income on which annuity is admissible as laid down in sub-rule (5) above.

(7)Once a claim relating to waqfs, trusts and endowments falling in categories II(a)(b) and IV of Rules 91 has been recognised as admissible the Rehabilitation Grants Officer shall call for the intermediary in whose name the estate is recorded and enquire from him whether he has any objection to the transfer of the estate or portion thereof to the waqfs, trust or endowment. In case the intermediary agrees, he shall obtain from the intermediary in writing the specification of the estates and shares therein and the extent of estates or shares thereof that the intermediary wishes to be deemed transferred to the waqf, trust or endowment. The written statement furnished by the intermediary shall be verified by him in the manner of the verification of plaints as prescribed in the Code of Civil Procedure.Explanation. - The transfer shall be deemed to the alienation in its entirety of the interest of the intermediary in the Zamindari Abolition Compensation as well as the rehabilitation grant pay able in respect of the estate or estates or part thereof, as the case may be. The transfer can be made of interest in estates or shares thereof and not of net assets for example a waqf, trust or endowment is entitled to receive an amount of Rs. 5,000 annually from the estate of an intermediary and the intermediary has three estates of which the net assets are as follows :

		Rs.
Estate number	..	..	1	..	..	3,222
Ditto	..	..	2	..	..	1,945
Ditto	..	..	3	..	..	1,782
	Total	..	..	6,949

The intermediary may transfer interest in estate Nos. 1 and 3 or 2 and 3, or 1 in full and a portion of the remaining estate or estates in order to make up for the rest. It is not necessary that the amount of net assets should be exactly equivalent to Rs. 5,000. It may be less but cannot be more than the amount for which the waqf, trust or endowment is the charge-holder.]

91B. [ [Added by Notification No. 222I-R/I-A-1042-1955, dated 10.01.1956.]

In the case of waqfs, trust and endowments falling under categories II(a) and (b) and IV of Rule 91 no payment can be made unless the intermediary has given his consent to the effect that the estate or estates or part thereof recorded in his name be entered in the name of the waqf, trust or endowment, and in such cases the name of the intermediary shall in respect of such estate or estates or share thereof be substituted by that of the waqf, trust or endowment in all records relating to the payment of compensation and rehabilitation grant.]

91C. [ [Substituted by Notification No. 9285/1-A-1051-1956, dated 01.11.1956.]

As soon as the Rehabilitation Grants Officer has prepared the statement in R.G. Form 17, 18, 19 or 20 and has determined the rehabilitation grant, he shall make the necessary entries in the Register in R.G. Form 12 and in case annuity has been fixed, in the register in R.G. Form 22. The statement in R.G. Form 17, 18, 19 or 20 shall be placed on the file of the applicant. A copy of Part II of the statement in R.G. Form 17, 18, 19 or 20 shall be issued to the applicant free of charge. In the copy so issued the name of the court, the name and address of the applicant, the relevant serial number of R.G. Form 12, and in the case of a waqf, trust or endowment, the name of such waqf, trust or endowment and the status of the applicant in relation to such waqf, trust or endowment shall also be mentioned. A copy of R.G. Form 17, 18, 19 or 20, as the case may be, may, however be supplied to the applicant on demand free of charge.]

92. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

[(1)] After annuity payable to a waqf, trust or endowment has been determined the Rehabilitation Grants Officer shall prepare an annuity roll in R.G. Form 93 and shall forward the same along with the file of the applicant through a dak bahi register, which shall be maintained in two separate volumes, to the Collector who will countersign the roll personally. The serial number of R.G. Form 22 shall be the number of the annuity roll and shall be entered thereon.Explanation. - In cases covered by Rule 85C(iii) separate annuity rolls shall be prepared in respect of each application].

(2)[ While preparing the annuity roll under sub-rule (1), the Rehabilitation Grants Officer shall, after proper identification of the manager, mutawalli or trustee of waqf, trust or endowment, as the case may be, obtain his specimen signature or thumb-impression and note down his marks of identification in the columns provided therefor in the annuity roll in R.G. Form 23. In case the payment of annuity is desired to be made from any sub-treasury within the district in which the application for rehabilitation grant was made under Section 79 of the Act, the Rehabilitation Grants Officer shall also obtain on a separate sheet specimen signature or thumb-impression of the manager, mutawalli or trustee and attach the same with the annuity roll at the time of its transmission to the Treasury Officer.] [Added by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.]

92A. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)R.G. Form 23 shall be bound in books of 50 forms each and the stock of these books shall be kept in the Treasury under double-lock from where these shall be withdrawn and supplied by the Treasury Officer to the Rehabilitation Grants Officer on receipt of indents from them. The Treasury Officer shall maintain a stock-book of R.G. Form 23 in the register in R.G. Form 10-A.

(2)Only one book shall be supplied at a time and a fresh issue shall be made only after all the forms of the previous book have been used up. When the Rehabilitation Grants Officer sends indent for a fresh issue he shall give a certificate thereon to the effect that each form of the previous book has been properly utilized and in the case of any loss or damage, state the circumstance relating thereto.

(3)Before issuing a new book the Treasury Officer shall satisfy himself that each form of the previous book has been properly accounted for. For this purpose the Treasury Officer may utilize the certificate mentioned in sub-rule (2) above and in case of doubt he shall make a reference to the Rehabilitation Grants Officer.

(4)If any blank form has been spoiled, it shall be cancelled by drawing diagonal lines across the form and writing the word "cancelled" on the body of the form under the dated signature of the Rehabilitation Grants Officer. It shall be returned to the Treasury Officer for destruction. The Treasury Officer shall acknowledge its receipt and make an entry of its receipt in the stock-book of annuity rolls, and after destroying the form he shall record the word "destroyed" against the entry.

(5)The Rehabilitation Grants Officer shall count the number of forms as soon as he receives the book from the Treasury Officer and if there is any shortage of forms or other defect, he shall point it out to the Treasury Officer at once. The book shall always be kept by the Rehabilitation Grants Officer in his personal custody and he shall be held responsible if any form is lost.]

92B. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)On receipt of the annuity roll from the Rehabilitation Grants Officer for countersignature, the Collector shall check the entries made therein by referring to the orders passed on the file and if he finds that there is no mistake, he shall countersign both copies of the annuity rolls. At the same time he shall write the words "Countersigned the Roll" on the assessment order under his signature and date. Before countersigning the annuity roll, the Collector shall verify from the register in R.G. Form 10 that an annuity roll of the same institution and the same estate or estates was not countersigned by him before.

(2)The Collector shall then return the file along with the annuity roll to the Rehabilitation Grants Officer after noting the date of return in the dak bahi register with which the file was received.

(3)If the Collector finds some mistake either in the annuity roll or the assessment order, he shall make a note thereof on the assessment order and return them to the Rehabilitation Grants Officer for rectification of the said mistake.

(4)The Collector shall maintain a register in R.G. Form 10 on the annuity rolls countersigned by him and the renewed or duplicate annuity rolls issued under Rules 92-D and 92-J. Separate pages shall be allotted to annuity rolls relating to different Rehabilitation Grants Officers.

92C.

(1)On receipt of the annuity roll duly countersigned by the Collector, the Rehabilitation Grants Officer shall forward through a memo, the Treasury-half of the annuity roll to the Treasury Officer concerned and make over the other half to the claimant of the annuity roll. As soon as this is done the relevant columns of the register in R.G. Form 22 shall be filled in.

(2)The Rehabilitation Grants Officer shall obtain acknowledgments from the Treasury Officer as well as the holder of the annuity roll and keep them on the relevant file. The file shall then be closed and after it has been checked by the Departmental Accounts Officer it shall be sent to the Collector for safe custody. It shall thereafter be treated as permanent record.]

92CC. [ [Added by Notification No. 365/I-A-21(2)-68, dated 28.01.1969.]

An application referred to in sub-section (2) of Section 100-A for re-determination of the amount of annuity in favour of any waqf, trust or endowment entitled to such re-determination under the said section shall be filed in R.G. Form 24-A within the time mentioned in sub-section (2) of the said section. It shall be accompanied by the copy of the statement in R.G. Form 17, 18, 19 or 20, as the ease may be, supplied under Rule 91-C, and the Annuity Roll issued under sub-rule (1) of Rule 92-C :Provided that the application may be accepted without the copy of the statement in R.G. Form 17, 18, 19 or 20 or the Annuity Roll where the same was/were not received by the applicant.]

92D. [ Renewal of the Rolls. [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

- Annuity rolls may be renewed in the following cases :

(a)When all the columns for recording the payments are used up.

(b)When the roll has been spoiled or rendered unfit for use.

(c)When the roll has been lost.]

92E. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

No fee shall be charged for the renewal in the case falling under Rule 92-D(a).A fee of Re. 1 will be charged for each renewal in the form of court-fee label in all other eases.]

92F. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)When it is necessary that an annuity roll should be renewed, an application for the renewal shall be made by the Roll-holder to the Treasury Officer stamped with a court-lee label of Re. 1 or if the case falls under Rule 92-D (a) on water-marked paper without any court-fee, showing the reasons for renewal and containing the particulars of the roll required for renewal, and the period and date up to which payments have been drawn by him. In case falling under sub-rule (a) and (b) of Rule 92-D the roll shall be attached to the application.

(2)[ In the case of an annuity roll payable at a sub-treasury, the application for its renewal shall be made to the Treasury Officer through the sub-treasury concerned in the manner prescribed in sub-rule (1).]

(3)[] [Renumbered by Notification No 3507/I-A-280-D-60, dated 20.08.1963.] In case a roll has been lost or stolen, the holder shall report the loss to the police and attach a copy of the report made by him with his application for issue of a duplicate annuity roll.]

92G. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The Treasury Officer shall examine the application to ensure that it contains all the necessary details and is in proper form. He shall then forward the same together with the holder's half of the roll if available along with the Treasury-half of the roll to the Collector He shall also intimate the period and date up to which payment has been made by him in respect of the roll.]

92H. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)The Collector shall examine the report of the Treasury Officer and the application. In case falling under Rule 92-D (a) he shall issue a fresh annuity roll which shall be marked "Renewed" at the top. In other cases he shall issue fresh copy of the holder's half only which shall be marked "Duplicate" at the top. He shall return the papers along with the fresh or duplicate annuity roll, as the case may be. to the Treasury Officer who shall in either case make over the holder's half to the holder of the annuity roll and if the case falls under Rule 92-D (a) he shall paste the Treasury-half in the guard file. The Treasury Officer shall also make a note of the issue of fresh or duplicate annuity roll in the remarks column against the original entry in R.G Form 24.The fresh or duplicate annuity roll so issued shall bear the original number of the original annuity roll.

(2)[ In the case of an application for renewal received from a Sub-treasury Officer under sub-rule (2) of Rule 92-F, the Treasury Officer shall forward the fresh or duplicate annuity roll to the Sub-treasury Officer concerned, who shall in either case make over the holder's half to the holder of the annuity roll after proper identification and if the case falls under clause (a) of Rule 92-D he shall make out a complete copy of the treasury-half under his signatures, paste it in the guard file and return the treasury-half to the Treasury Officer for his record. The Sub-treasury Officer shall also make a note of the issue of fresh duplicate annuity roll in the remarks column against original entry in R.G. Form 24. The fresh or duplicate annuity roll so issued shall bear the original number of the original annuity roll.]

(3)[] [Renumbered by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.] The Collector shall keep a separate stock of forms in R.G. Form 23 (both halves) for renewals under Rule 92-D(a). For issue of duplicate under Rule 92-D(b) and 92-D(c) he shall keep stock of holder's half only. They shall be printed separately for this purpose with the word "Renewed" or "Duplicate" as the case may be, inscribed prominently or the face of the annuity roll. Whenever a fresh or duplicate annuity roll is issued the Collector shall also give a note on the annuity roll so issued specifying the period and date from which payment is to be f made. He shall also make a note of the issue in the remarks column of the original entry in the register in R.G. Form 10.]

92I. [ [Added by Notification No. 2221-R/I-A-l042-1955, dated 10.01.1956.]

(a)Whenever a change in the name of the mutawali, manager or trustee is necessary either on his death or resignation or dismissal or for the any other valid reason, the successor shall present an application before the Collector for alteration in the name. He shall attach the holder's half of the roll if available. If that half is not available he shall give reason for it. He shall also simultaneously report the circumstances in which it is necessary to alter the name to the [Treasury Officer/Sub-Treasury Officer] who will stop further payment till the Collector's orders on the point are received.

(b)The roll-holder shall also furnish legal proof for his recognition as successor.]

92J. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)The Collector shall examine the application and other records relating thereto. He shall also call for such evidence as he may consider necessary for disposal of the case.

(2)The Collector shall also obtain the Treasury-half of the annuity roll relating to the waqf, trust or endowment, along with a report as to the period and date up to which payment has been made.

(3)After he has satisfied himself that a change in favour of the applicant is due, the Collector shall pass an order to that effect on the application under his dated signature and seal of his court.

(4)The Collector shall then cancel the old annuity roll and shall issue a fresh one in its place and specify therein the period for and the date from which payment is to be made. The annuity roll so issued shall be on the "Renewed" annuity roll form referred to in Rule 92-H(2). It shall be entered at a fresh serial in R.G. Fora 10 and shall bear the number of the previous annuity roll as denominator and the fresh serial number of R.G. Form 10 as numerator. The Collector shall also make; a note of the changes against the previous entry in the remarks column of RG Form 10. The Collector shall thereafter send the papers to the [Treasury Officer/Sub-Treasury Officer] along with the cancelled annuity roll. The [Treasury Officer/Sub-Treasury Officer] [Substituted by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.] shall enter the annuity roll in his register in RG Form 24 at a fresh serial and paste the Treasury 17-half in the guard file and make over the other half to the claimant after proper identification. The [Treasury Officer/Sub-Treasury Officer] [Substituted by Notification No. 3507/I-A-28D-60, dated 20.08.1963.] shall also make a note of the change against the previous entry in the remarks column of the register in R.G. Form 24 and shall also give a reference to this entry against the fresh serial.]

(5)[ If the annuity roll is payable at a Sub-treasury, the Treasury Officer shall forward the fresh annuity roll to the Sub-treasury Officer concerned who shall thereafter observe mutatis mutandis the procedure given in sub-rule (2) of Rule 92-H.] [Added by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.]

92K. [ [Added by Notification No. 558-RS/I-A-342-D-57, dated 16.02.1959.]

(1)The annuity payable to waqf, trust or endowment shall be paid in two equal half yearly instalments, the first of which shall become due for payment after six months, calculated from the date of vesting :Provided that if one or more instalments of annuity have already fallen due before the issue of the annuity roll, the same shall be payable immediately after the issue of the annuity roll to the waqf, trust or endowment:

(2)The amount of interim annuity already paid, if any, to the waqf, trust or endowment shall be deducted from the first payment of the annuity and if necessary from subsequent payments.]

(3)[(a) In case the waqf trust or endowment is subject to the provisions of the U.P. Muslim Waqfs Act, I960 (U.P. Act No. XVI of 1960), the amount of contribution payable to the Shia/Sunni Central Board of Waqfs, Uttar Pradesh, under Section 34, read with Section 35 of the said Act, shall also be deducted from each instalment of annuity. The deduction from annuity due up to March 31. 1963 shall be made at five per cent of the annuity. The deduction from annuity due after March 31, 1963 shall be made at six per cent of the aggregate of the annuity and of the interest payable to the waqf, trust of endowment as the case may be, on Zamindari Abolition Compensation Bond Stock Certificates issued to it under Rule 66-A.

(b)

(i)Where annuity rolls of waqfs trusts and endowments subject to the provisions of the U.P. Muslim Waqfs Act, 1960 have already been issued, the Rehabilitation Grants Officer concerned shall send to the Treasury Officer concerned under his signature and seal a list of all such waqfs, trusts and endowments indicating against each

(i)the name and address of the Mutawalli, Manager, Trustee, etc. as had been mentioned in the annuity roll;

(ii)Book No. and Serial No. of the annuity roll;

(iii)the amount of the annuity roll:

(iv)whether the waqf, trust or endowment is governed by the Shia Central Board of Waqfs, Uttar Pradesh or the Sunni Central Board of Waqfs, Uttar Pradesh; and

(v)the amount of annual interest pay able on the Zamindari Abolition Compensation Bond Stock Certificates issued to the waqf, trust or endowment.

(ii)On receipt of the list, the Treasury Officer shall note down from the list the amounts of annual interest mentioned at item (v) above on the Treasury halves of all the annuity rolls kept in his office after a careful comparison of the particulars thereof from those of the list aforesaid and also in the register in R.G. Form 24. Whenever the holder's half of the annuity roll is presented by any of these waqfs. trusts or endowments for obtaining payment of annuity, the Treasury Officer shall note down the aforesaid amount of interest on the holder's half also.

(iii)In case where annuity rolls are enfaced for a payment at any sub-treasury the Treasury Officer shall send extracts from the list aforesaid to the Sub-Treasury Officer concerned and cause the amount of annual interest aforesaid to be noted on the Sub-treasury halves and holder's halves of the annuity rolls by the Sub-treasury Officer.

(iv)The Treasury Officer or the Sub-treasury Officer, as the case may be, shall make deduction of contribution as mentioned in sub-rule (a) above.

(c)Where annuity roll is to be issued in failure, the Rehabilitation Grants Officer shall also note on the annuity roll the amount of annual interest payable on Zamindari Abolition Compensation Bond Stock Certificates.

(d)As soon as the principal of stock certificates is paid up under sub-rule (4) of Rule 66-A or the Stock Certificate is redeemed under the proviso to sub-rule (4) of Rule 66-A, read with Rule 67 or is transferred by the waqf, trust or endowment, the waqf, trust or endowment concerned shall make an application to the Treasury Officer concerned to that effect stating the number of stock certificates, the amount thereof and the date on which they were liquidated, redeemed or transferred as the case may be. The Treasury Officer shall, after making such enquiry as he may consider necessary and after satisfying himself of the fact of liquidation, redemption or transfer of the stock certificate, strike off the amount of annual interest from the annuity roll and thence forward shall make deduction on account of contribution from the amount of annuity only.]

93. [ [(1)] [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.] Procedure at the Treasuries.

- On receipt of annuity roll from Rehabilitation Grants Officer or Collector in the case of renewed or duplicate annuity roll the Treasury Officer shall enter it in the register of R.G. Annuity Rolls in R.G. Form 24, and shall paste the treasury-half in a separate guard file in which an index shall be provided at the beginning.] [Substituted by Notification No. U.O. 595/I-A-71, dated 20.4.1971.]

(2)[ Procedure at Sub-treasuries. - If an annuity roll is made payable at a Sub-treasury, the Treasury Officer shall forward the same to the Sub-treasury Officer concerned. The Sub-treasury Officer shall make out a complete copy of the treasury-half under his signature, take out the specimen signature or the thumb-impression attached to it, paste it on the sub-treasury half prepared at the Sub-treasury, make relevant copies from the annuity roll in a register in R.G Form 24, and shall paste the Sub-treasury-half in a separate guard file in which an index shall be provided in the beginning. After the first payment of annuity has been made and the fact of payment recorded on the Treasury-half and the complete copy, the Sub-treasury Officer shall return the Treasury-half to the Treasury Officer for his record. The complete copy of the Treasury-half shall also be sent to the Treasury Officer along with the Treasury-half and after the Treasury Officer has satisfied himself about the correct preparation of the said copy return the same to the Sub-treasury Officer after attesting the same.] [Added by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.]

(3)[ In case any defect is noticed in the annuity roll or any entry therein gives rise to suspicion about its genuineness, a clarification shall be sought by the Treasury Officer/Sub-Treasury Officer, as the ease may be, from the Rehabilitation Grants Officer or other authority concerned before making payment thereon.] [Added by Notification No. 3507/I-A 280-D-1960, dated 20.08.1963.]

93A. [ [Substituted by Notification No. 9285/I-A-1051-1956, dated 01.11.1956.]

When the holder of annuity roll appears to receive the payment of the annuity he shall produce before the [Treasury Officer/Sub-Treasury Officer] his copy of the annuity roll and bill in R.G. Form 27. The former shall be returned to the holder after the [Treasury Officer/Sub-treasury Officer] [Substituted by Notification No. 3507/I-A-280-D-1960, dated 20.08.1963.] has satisfied himself as to the genuineness of the claim.]

93B. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)The [Treasury Officer/Sub-Treasury Officer] shall identify the holder from the mark of identification given in the Treasury-half of the annuity roll and by the comparison of his specimen signature or thumb-impression with that pasted on the annuity roll [* * *] [Deleted by Notification No. 9285/I-A-1051-1956, dated 01.11.1956.].

(2)The [Treasury Officer/Sub-Treasury Officer] [Substituted by Notification No. 3507/I-A-280-1960, dated 20.08.1963.] shall also examine the claim made in the bill, record the fact of payment in the payment cages printed on the reverse of both the halves of the annuity roll, initial the entries and pass the bill if the claim is in order in the same manner as Civil Pension bills are passed.][* * *] [Deleted by Notification No. 558-RS/I-A-342-D-1957, dated 16.02.1959.].

93C. [ [Added by Notification No. 2221-R/I-A-1052-1955, dated 10.01.1956.]

If a bill in R.G Form 27 is not presented personally by the mutawalli, manager or trustee nominated in the annuity roll, the payment can be made to his legally authorized agent on production of a life certificate signed by a person authorized under Article 945 or 946 of Civil Service Regulation whose signatures are known to the [Treasury Sub-Treasury] or some other responsible government servant or well known and trustworthy person whose signatures are known to the [Treasury/Sub-Treasury.] [Substituted by Notification No. 3507/I-A-280-D-1960, dated 20.08.1963.]

93D. [ [Ibid.]

Payment of annuity shall ordinarily be made from the headquarters Treasury or a Sub-Treasury of the district in which the application for rehabilitation grant under Section 79 is made. Change in the place of enfacement cither from the Treasury to Sub-treasury or vice versa or from one Sub-treasury to another Sub-treasury within the district shall be made by an order of the Treasury Officer of the district concerned, and that from one district to another district under the orders of the Board of Revenue. The payment at a Sub-treasury shall be made without the intervention of the Treasury Officer.]

93E.

[(1)] [Renumbered by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.] The Treasury Officer shall enter the payments of annuity in separate schedule in R.G. Form 25.

(2)[ In the case of payments of annuity at a Sub-treasury the Sub-treasury Officer shall enter the payments of annuity in a separate schedule in R.G. Form 25 which shall be sent to the Treasury Officer in triplicate along with the daily Siaha. These schedules will serve the purpose of Siaha supplements and enable the Treasury Officer to take action under Rule 93-F.] [Added by Notification No. 3507/I-A-280-D-60, dated 20.08.1963.]

93F.

[The schedule referred to in Rule 93-F shall be sent to the Account General in duplicate, along with the lists of payments under the major head "9-Land Revenue".

93G.

The Treasury Officer shall submit a monthly statement in R.G. Form 26 at the end of each month to the [Compensation Commissioner] [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.] showing the amount payable, the deduction made, if any, on account of Shia and Sunni Board separately and the net amount of annuities paid.

93H.

The monthly statement received from the treasuries shall be consolidated district-wise by the [Compensation Commissioner] [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.] in order to ascertain the amount of total deductions made for Shia and Sunni Boards separately as well as the amount of annuity paid. The figures of deduction made shall for the whole State be entered month-wise in register for Shia and Sunni Board separately and half-yearly totals shall be struck.] [Substituted by Notification No. 1950/I-A-2006-D-60, dated 21.03.1966.]

93I. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

At the end of each half year the [Compensation Commissioner] shall draw a bill on the treasury in Form No. 14. Financial Handbook, Volume V, Part 1 of fully vouched contingent bill and endorse the same in favour of the Board concerned. Interim contribution already paid shall be adjusted against the first or subsequent payment of the contribution.]

94. [ [Substituted by Notification No. U.O. 340/I-A-443-D-59, dated 12.02.1963.]

(1)As soon as may be the Rehabilitation Giants Officer shall have lists prepared in R.G. Form 41 in respect of waqfs, trusts and endowments for which annuity rolls have been prepared and countersigned by the Collectors. Extracts from these lists shall be sent to all those tahsils in Uttar Pradesh in which the avowed objects of the waqfs, trusts, and endowment are situated. These extracts shall be kept in the office of the Registrar Kanungo in the form of a register from which necessary lists shall be prepared and furnished to the Sub-Divisional Officer, Tahsildar, Naib-Tahsildars, Kanungos and Lekhpals concerned.

(2)It shall be the duty of each Sub-Divisional Officer, Tahsildar, Naib-Tahsildar, Kanungo and Lokhpal to report in R.G. Form 42 to the Collector, concerned as soon as he comes to know that the avowed object at any waqf, trust or endowment referred to in sub-rule (1) has failed or disappeared completely.]

94A. [ [Added by Notification No. U.O. 340/I-A-443-D-59, dated 12.02.1963.]

(1)Where, at any time before the payment of rehabilitation grant or issue of annuity roll, the Rehabilitation Grants Officer, or, at any time after the issue of annuity roll, the Collector, on receiving, any representation or otherwise and after such enquiry as he may deem necessary or expedient in the circumstances of case, and after giving opportunity to the person claiming the payment, to be heard, is of opinion that the claimant is not entitled to the payment either because the avowed object of the waqf trust or endowment has failed or disappeared completely or that he is not the rightful claimant, the Rehabilitation Grants Officer or the Collector, as the case may be, may withhold or suspend payment of rehabilitation grant or issue of the annuity roll or payment of further instalments of annuity roll, as the case may be, till such time as the object is restored or the person is declared to be the rightful claimant by the decision of a competent court or authority. In case of withholding or suspension of payment of instalments of annuity roll, an intimation in R.G. Form 43 shall be sent to the Treasury Officer of the treasury where the annuity roll may be enfaced for payment of instalments.

(2)As soon as the object of the waqf, trust or endowment is restored or the person claiming payment is declared to be the rightful claimant and an order of the competent court or authority in this regard is produced before the Rehabilitation Grants Officer or the Collector, as the case may be, the order of withholding or suspension shall be cancelled by him and the rehabilitation grant shall be paid, or annuity roll issued or orders shall be issued to the Treasury Officer concerned to resume payment on annuity roll and to pay all the accumulated instalments of annuity.]

94B. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

Annuity not drawn regularly may be disbursed by the [Treasury Officer/Sub-Treasury Officer] on his own authority if the period which has elapsed from the date on which the instalment of annuity fell due docs not exceed one year from such date.If the said period exceeds one year as above but does not exceed six years, sanction of the Collector shall be required, and if it exceeds six years the sanction of the Government shall be necessary.]

95. [ Section 91. [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

- Subject to Rule 95-A the rehabilitation grant other than annuities shall be paid in negotiable non-interest bearing bonds which shall be described as Zamindari Abolition Rehabilitation Grant Bonds.]

95A. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)Subject to sub-rule (2) all such amounts as cannot be covered by bonds, shall be paid in cash.

(2)Where the total amount pay able to an intermediary does not exceed Rs. 50 it shall be paid in cash.

95B.

The bonds shall be issued in denomination of Rs. 50, Rs. 100, Rs. 200, Rs. 500, Rs. 1,000, Rs. 5,000 and Rs. 10,000 and shall be redeemed in equal annual instalments during the period of 25 years beginning from the date on which the intermediary became entitled to apply for the rehabilitation grant :Provided that any bond may be redeemed at an earlier date at the option of the Government

95C.

The instalment shall fall due for payment on the date indicated on the bond, the first instalment being deemed to hat e fallen due on the expiry of one year from the date on which the intermediary became entitled to apply for the rehabilitation grant.

95D.

The instalments due on a bond from the date of its enfacement shall be payable on presentation from and after the day of the same month next after the delivery of the bond to the intermediary:Provided that if one or more instalments have already fallen due before the delivery of the bond, those instalments shall be payable immediately after the delivery of the bond.]

95E. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The instalments shall be payable at the Treasury or Sub-Treasury in Uttar Pradesh at which the bond is enfaced for payment of the instalment.

95F.

In case Government opts to redeem any class or classes of bonds before they are paid up under rule 95-B or in the case of complete redemption of bonds, the procedure laid down in Rules 67 or 78, as the case may be, shall be followed.

95G.

The bonds shall be issued by the Public Debt Office, Lucknow, on requisition made by the Rehabilitation Grants Officer and shall be transmitted by the Public Debt Office to the Treasury or Sub-Treasury Officer of the district indicated by the Rehabilitation Grants Officer.]

95H. [ [Substituted by Notification No. 5846-I-A-270-61.]

(1)The Public Debt Officer, Lucknow on an application of a holder in the form prescribed by the said Public Debt Office, may consolidate the Zamindari Abolition Rehabilitation Grant Bonds tendered with the application :Provided that -

(a)the denominational values of the bonds tendered for consolidation aggregate to one or other of the denominations mentioned in Rule 95-B; and

(b)the number of instalments payable on each of such bonds tendered for consolidation, including instalments, if any, which have fallen due but have not been paid is, at the time of consolidation, the same.

(2)

(a)The number of instalments payable on the consolidated bond or bonds issued under sub-rule (1) shall be indicated on the bond or bonds by the Public Debt Office in such manner as it may think fit and the first of such instalments shall be payable on the date and month of issue of the bond which, out of the bonds tendered for consolidation, was issued last

(b)

(i)Where in respect of any of the bonds tendered for consolidation, one instalment falls due between the date of such tender and the date of consolidation of the bonds, such instalment shall not be payable separately as one due in respect of that bond but shall be payable as part of the first instalment on the consolidated bond.

(ii)Where in respect of any of the bonds tendered for consolidation, one or more instalments has, at the time of tender for consolidation, fallen due but has not been paid, such instalment or instalments shall not be payable separately as due in respect of that bond, but shall be payable as part of the corresponding instalment on the consolidated bond.

(3)No holder applying for consolidation under this rule shall be entitled to claim any interest or other amount by reason only of the first instalment on the consolidated bond or bonds becoming payable in accordance with sub-rule (2)(a) above, or of the payment, in accordance with sub-rule (2)(b) above, of any instalment which had fallen due before the date of tender for consolidation or will fall due between the date of tender for consolidation and the date of consolidation.

(4)The provision of this rule shall apply notwithstanding anything contained to the contrary in these rules.]

96. [ Section 104. [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)After the amount of rehabilitation grant payable to an intermediary has been finally determined the entries made in the register in R.G. Form 12 and R.G. Form 32 the Rehabilitation Grants Officer shall have an indent for bonds in R.G. Form 28 prepared in quadruplicate, showing the denomination and number of bonds payable to each intermediary. The Rehabilitation Grants Officer shall fill in Columns 1 to 13 only and sign and seal each copy after satisfying himself that the entries have been correctly shown therein and shall enter in words in his own handwriting the total value of bonds indented, both in the original and copies thereof. He shall despatch three copies to the Public Debt Office, Lucknow, for compliance and retain the original which shall be maintained in the form of a bound register supplied to him, each page whereof shall be numbered. The copies shall be prepared on spare sheets of form supplied separately and each such copy shall bear the page number of the original form from which it has been prepared.

(2)The Rehabilitation Grants Officer shall also maintain an abstract register of indents for bonds in R.G Form 29.]

96A. [ Section 105(1). [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

- The Rehabilitation Grants Officer shall not despatch any indent to the Public Debt Officer, Lucknow, after the 26th day of a month.]

96B. [ [Substituted by Notification No. 1583(A)/I-A-610-1960, dated 20.11.1961.]

(1)The Public Debt Office shall on receipt of the indent in triplicate, retain one copy thereof and forward another copy together with the consignment of bonds indented to the Treasury or Sub-Treasury Officer of the tahsil to which the indent relates and the remaining copy to the Treasury Officer with the enfacement advice, after entering in Columns 14 to 22 of indents, the particulars of bonds issued.

(2)The Public Debt Office shall also send an intimation of despatch of the consignment in R.G. Form 28-A. to the Treasury or Sub-Treasury Officer in duplicate and endorse one copy thereof to the Rehabilitation Grants Officer concerned.

(3)Immediately on receipt of the consignment of bonds and the indent, the Treasury or Sub-Treasury Officer shall verify the contents of the consignment and bonds filling in Column 23 and signing in Column 24 of the indent, return the duplicate copy of the intimation in R.G. Form 28-A to the Public Debt Office with acknowledgement of the receipt of bonds record thereon and keep the copy of the indent in a guard file in order of receipt.]

96C. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The Treasury or Sub-Treasury Office shall deposit the bonds so received in the Treasury or Sub-Treasury double-lock and send an intimation to the Rehabilitation Grants Officer concerned of the receipt of the particular indent. In case of non-receipt of the indent in full Treasury or Sub-Treasury Officer shall give intimation thereof to the Rehabilitation Grants Officer, who will then correspond in the matter with Public Debt Office.

96D.

(1)The Rehabilitation Grants Officer shall on receipt of intimation in R.G. Form 28-A enter the number, date of intimation, the number of bonds of each denomination and the total value thereof in the register in R.G. Form 29. The Rehabilitation Grants Officer shall also take register in R.G. Form 28 to the Treasury/Sub-Treasury Officer and enter in Columns 14 to 22 of the register, against each entry, the serial numbers of the bonds received.

(2)The Rehabilitation Grants Officer shall on each day of issue of the bonds take the indent register in R.G. Form 28 to the Treasury/Sub-Treasury and draw on the basis of entries in the said register, such of the bonds as are to be issued on that date and sign the Treasury/Sub-Treasury double-lock Register in R.G. Form 30 in part I against each entry of issue and he shall also sign against each entry of issue in Part II of the same register. He shall not, under any circumstances retain any undisposed of bonds, overnight, or allow them to pass into hands of an official. Where any bond is not disposed of during the day, it shall be re-deposited in the Treasury/Sub-Treasury double-lock on the same day.

(3)A register shall be maintained in R.G. Form 30 in two parts in the Treasury/Sub-Treasury where bonds are stocked. Part 1 shall be divided into separate portions for bonds of each denomination and the serial number of bonds received shall be entered in it immediately on receipt thereof and entries in Columns 5 to 8 made on issue of the bond to the Rehabilitation Grants Officer or in case of return to the Public Debt Office. In case a bond is re-deposited in the Treasury/Sub-Treasury double-lock it shall again be entered in the columns for receipts.

(5)On transfer of a Sub-Divisional Officer or a Collector, the officer taking over charge shall verify the stock of bonds and record a certificate in his handwriting in both parts of the register.

(6)The Rehabilitation Grants Officer shall maintain a register in R.G. Form 30-A and enter therein the particulars prescribed therein on each day on which bonds are withdrawn from the Treasury/Sub-Treasury or deposited or re-deposited therein. The Rehabilitation Grants Officer shall sign all the entries for each day and the Treasury/Sub-Treasury Officer's signatures shall be obtained against each entry of deposit of bonds in the Treasury/Sub-Treasury.

(7)On transfer of a Treasury/Sub-Treasury Officer the officer taking over charge shall verify the stock of bonds and record a certificate in his own handwriting in both parts of the register in R.G. Form 30 to the following effect:"Verified and found correct."]

96E. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

(1)The Rehabilitation Grants Officer shall issue a notice in R.G. Form 31 to the intermediary directing him to take delivery of bonds and/or receive payment in cash on a specified date. On the date so fixed the Rehabilitation Grants Officer shall deliver the bonds and/or make payment in cash through voucher in R.G. Form 33 to the intermediary or his duly authorized agent and take signature of the recipient in token of receipt on the voucher and/or on R.G. Form 35, as the case may be. The receipt in R.G. Form 35 shall be filed along with the file of the intermediary.

(2)If the notice has been duly served and the intermediary does not appear either in person or through a duly authorized agent to receive the bonds until three years have elapsed from i he date for which the notice was served, the bonds shall be returned to the Public Debt Office by the Treasury or Sub-Treasury Officer along with Schedule in R.G. Form 38 on the receipt of advice from the Rehabilitation Grants Officer or an officer appointed to function on his behalf under sub-rule (3).

(3)In case the Rehabilitation Grants Officer ceases to function before the expiry of the said period the undelivered bonds shall be transferred to the custody of the officer authorized by the Collector on his behalf. The latter shall then perform all the duties laid down herein for Rehabilitation Grants Officer.

(4)In case any bond remains unclaimed for three years from the date fixed for delivery, the Schedule in R.G. Form 38 shall be prepared in triplicate and two copies along with the unclaimed bonds shall be transmitted to the Public Debt Office, which shall, after verification, return one copy duly acknowledged to Treasury or Sub-Treasury Officer.

(5)When bonds are returned to the Public Debt Office under sub-rule (2) an entry in respect of the same shall be made in the register m R.G. Form 28 in the remarks column, and the serial number of the bonds shall be entered in the register in R.G. Form 32 and entries made also in Column 20 of the said register. On receipt of acknowledgment from the Public Debt Office entries shall also be made in Columns 21 and 22 of the register in R.G. Form 32.]

96EE. [ [Added by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

If after return of bond(s) to the Public Debt Office, Lucknow, under sub-rule (4) of Rule 96-E. an intermediary claims his bond(s), he shall be required to make an application therefor to the Rehabilitation Grants Officer concerned in R.G. Form 38-A. On receipt of the application the Rehabilitation Grants Officer shall carefully check the same and satisfy himself about the identity of claimant and attest his signature in token thereof under his full dated signature and the seal of his court. He shall then requisition the bond(s), from the Public Debt Office in R.G. Form 38-B, which shall be prepared in quadruplicate. In his forwarding note to the Public Debt Office therein he shall mention the number and date of the Public Debt Office's acknowledgment of the bond(s) from Column 18 of R.G. Form 32 and shall fill in Columns 1 to 10 and sign and seal each copy after satisfying himself that the entries have been correctly shown therein. He shall also enter thereunder in words in his own handwriting the total value of bond(s) recalled, both in original and copies thereof. He shall despatch the copies to the Public Debt Office, Lucknow, for compliance and retain the original which shall be maintained in the form of a bound register supplied to him each page whereof shall be numbered. The copies shall be prepared on spare sheets of forms supplied separately and each copy shall bear the page number of the original from which it has been prepared. He shall also make a suitable note in the remarks columns of R.G. Form 28 and 32 against the entries concerned.]

96EE.

1. [ [Added by Notification No. 3036-RZ/I-A-610-60, dated 26 12.1960.]

(i)The Public Debt Officer shall on receipt of the requisition in triplicate, retain one copy and forward other two copies together with the consignment of bonds recalled to the Treasury or Sub-Treasury Officer of the tahsil to which the requisition relates after filling in and signing the endorsement thereunder.

(ii)The Public Debt Office shall send an intimation of despatch of the consignment in R.G. Form 28-A to the Treasury or Sub-Treasury Officer as well as the Rehabilitation Grants Officer concerned after substituting the words "Recalling Officer" for the words "Indenting Officer" in Column 1.

(iii)Immediately on receipt of the consignment of bonds and the requisition in duplicate, the Treasury or Sub-Treasury Officer shall verify the contents of the consignment of bonds and affix his full signature at the end under the endorsement meant for him, in both the copies thereof. One copy of the requisition shall be returned to the Public Debt Office in acknowledgment of the receipt of the bonds and the other copy shall be kept in a guard file, in order of receipt.

(iv)The Treasury or Sub-Treasury Officer shall deposit the bonds so received in the Treasury or Sub-Treasury double-lock after making entries in R.G. Form 30, and send in intimation to the Rehabilitation Grants Officer of the receipt of the particular requisition.]

96EE.

2. [ [Added by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

(i)The Rehabilitation Grants Officer shall on receipt of the intimation in R.G. Form 28-A make entries in the relevant records and take steps for the issue and deposit of bonds and follow the same procedure as laid down in Rule 96-D.

(ii)The Rehabilitation Grants Officer shall issue a notice in R.G. Form 31-A to the intermediary concerned to attend the tahsil on any working day that may be fixed by the Rehabilitation Grants Officer for the delivery of bonds and payment of residual amounts thereof in cash.

(iii)On the dates so fixed the Rehabilitation Grants Officer shall deliver the bonds and make payment of the residual amount in cash through voucher in R.G. Form 33 to the intermediary/intermediaries or his/their duly authorised agent/ agents after proper identification and obtaining the signature of the recipient in token of the receipt on the voucher and/or R G. Form 35, as the case may be. The receipt in R.G. Form 35, shall be filed along with the roll of the intermediary. The Rehabilitation Grants Officer shall at the same time make suitable entries regarding the payment in all the relevant records in which a note of return of bonds, as unclaimed was made previously, e.g., registers in R.G. Forms 28 and 32, referred to in sub-rule (5) of Rule 96-E, and in the file concerned.]

96EE.

3. [ [Substituted by Notification No. U.O. 605-Rajaswa-1-2(8)/75, dated 01.11.1975.]

(1)In case an intermediary, entitled to get cash rehabilitation grant exceeding Rs. 5 but not exceeding Rs. 50.00, fails to take payment within three years from the date of the notice issued to him in R.G. Form 31 the amount shall stand lapsed to the State Government. The endorsement to the effect shall be made in remarks column of R.G. Form 32 and the R.G. Register shall thus be closed and consigned to record after reproduction of all such entries in a separate Land Deposit Register which shall be duly verified and initialled by the Rehabilitation Grants Officer.

(2)If an intermediary or his legal representative claims payment of the amount lapsed under sub-rule (1) he shall be required to make an application in R.G. Form 38-AA. On receipt of the application the Rehabilitation Grants Officer shall check the same and satisfy himself about the title and identity of the claimant and attest his signature in token thereof under his full dated signature and seal of his court. He shall then make payment in cash through Voucher in R.G. Form 33.]

96EE.

4. [ [Substituted by ibid.]

When an intermediary desires that such amount of his rehabilitation grant as is payable to him in cash be donated for and on his behalf to the National Defence Fund, the Rehabilitation Grants Officer, shall on receipt of a request to that effect on the back of the notice which might be issued to the intermediary in R.G. Form 31 draw the amount through voucher in R.G. Form 33 for and on behalf of the intermediary concerned and deposit the same through the District Magistrate in the said Fund in the name of the said intermediary. The receipt in respect of the deposit of the said amount shall be filed along with the Rehabilitation Grant file of the intermediary. In case a receipt for the said deposit is desired by the intermediary, it may be given to him by the Rehabilitation Grants Officer after obtaining an acknowledgement therefor from the intermediary which shall be fixed along with his Rehabilitation Grant file. The number and date of the deposit receipt shall be entered in 'Remark' column of the register in R.G. Form 12.]

96F. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

Payment in cash shall be made through vouchers in G.R Form 33. The books containing vouchers and counterfoils shall be kept in the personal custody of the Rehabilitation Grants Officer, who shall before commencing use of a book of voucher send intimation to the Treasury/Sub-Treasury Officer, as the case may be, in R.G. Form 36.

96G.

The Rehabilitation Grants Officer shall also maintain a register in R. G. Form 34 for entry of voucher issued in R.G. Form 33.]

97. [ Section 105(2)(h). [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

- The Treasury Officer shall maintain an account of the voucher books in R.G. Form 39.]

97A. [ [Substituted by Notification No. 2221-R/I-A-1042-1955, dated 10 01.1956.]

In case of payment through a duly authorized agent, the Treasury/Sub-Treasury Officer shall maintain a register in R.G. Form 40 and enter therein the necessary particulars before making payments.]

97B.

The Treasury/Sub-Treasury Officer shall furnish in R.G. Form 37 to the Rehabilitation Grants Officer an account of the vouchers presented and encashed on each day of payment and the Rehabilitation Grants Officer shall on its receipt fill in entries in Columns 17 and 18 of the register in R.G. Form 12. The statements in R.G. Form 37 shall be kept in a guard file in the serial order of receipt. Where no payments are made on any day the Treasury/Sub-Treasury Officer shall despatch a blank statement in R.G. Form 37. The Rehabilitation Grants Officer shall furnish a statement in R.G. Form 37-A to the Collector of his district at the end of each month, who shall consolidate the statements so received in R.G. Form 37-B in duplicate both copies whereof shall be sent to the Treasury Officer for verification of the totals from the Treasury records. The Treasury Officer shall verify the figures from the register, and note the verified amount on both the copies of the statement under his dated signature and return them to the Collector. The Collector shall than transmit one copy to the [Compensation Commissioner] [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.] by the 20th of each month. In case there is any difference between the treasury and departmental figures the Collector shall institute an enquiry at once and report the result to the [Compensation Commissioner.] [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

97C. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The provisions of Rule 80 shall apply in the case of vouchers not encashed for more than three months, lost, destroyed or mutilated.]

98. [ Section 105. [Substituted by Notification No. 3036-RZ/I-A-610-60, dated 26.12.1960.]

- Where, under the provisions of Section 70, a Court or authority requires the Rehabilitation Grants Officer to place at its disposal the amount of rehabilitation grant payable to an intermediary, the Rehabilitation Grants Officer shall take action as below :

(a)In case the amount of rehabilitation grant has been determined and the amount is payable to the intermediary in the form of bonds and/or in cash, the bonds and/or cash to the extent of the amount required by the court or authority shall be placed at its disposal by the Rehabilitation Grants Officer in the following manner :

(i)If total value of the bonds together with the amount to be paid in cash is equal to, or less than, the amount required by the court or the authority, all the bonds and the amount in cash shall be placed at its disposal.

(ii)If the total value of the bonds is less than the amount required by the court or authority but the same together with the amount payable is more than the amount so required, the same shall be placed at its disposal primarily in bonds and balance in cash.

(iii)If the value of the bonds exceeds the amount required by the court or authority, the Rehabilitation Grants Officer shall transmit bonds which together with the bonds of the lowest denomination available add up to a value next above the amount required by the court or authority, as the case may be.

Example. - The amount of rehabilitation grant payable to an intermediary is Rs 1.762 and one bond each of the value of Rs. 1,000, Rs. 500, Rs. 200 and Rs. 50 has been indented and received. The court requires the transmission of an amount of Rs. 224. The Rehabilitation Grants Officer shall transmit one bond of each of the denomination of Rs. 200 and Rs. 50.

(b)The bonds shall, in every case, be obtained in the name of the intermediary concerned. Its endorsement in favour of the decree-holder shall, where necessary, be made by the court or authority requiring the amount.]

98A. [ [Added by Notification No. 2221-R/I-A-1042-1955, dated 10.01.1956.]

The [Compensation Commissioner] may from time to time issue such instructions as may appear necessary to supplement and carry into effect the provisions of this Chapter.]

Chapter VI
Mines And Minerals

99.

[* * *] [Deleted by Notification No. 7996/I-A-1282-1952, dated 08.10.1952.]

100. Section 12.

(1)An intermediary who desires that the mine be deemed to have been leased to him under Section 107 or who claims compensation under Section 111 shall, in the first instance, file an application before the Collector, who shall after making such inquiries, as he considers necessary, forward them to the [Government] [Substituted by Notification No. 631-RS/I-A-3508-59, dated 31.08.1959.] for orders.

(2)An application under Section 107 shall be made within three years from the date of vesting and an application under Section 111 shall be made within one year from the date of the termination of the lease.

(3)Application under Section 107 or 111 shall bear, a court-fee stamp of [rupee one] [Substituted by Notification No. 558-RS/I-A-342-D-57, dated 16.02.1959.] only.

101.

In case of disagreement between the State Government and the intermediary regarding the terms and conditions of the lease under Section 107 or the amount of compensation under Section 111 the Collector shall refer the matter to the Mines Tribunal and forward the relevant papers to it.

101A. [ [Added by Notification No. 5839/I-A-2100-59, dated 16.02.1965.]

On receipt of a reference under Chapter VI of the Act, the Mines Tribunal shall decide the case in accordance with the procedure laid down in the rules hereafter appearing.

101B.

The Mines Tribunal shall ordinarily hold its sitting at such place as may be fixed by the State Government:Provided that the Mines Tribunal may, in its discretion sit at any other place within the State where it considers necessary so to do in the interest of expeditious disposal of the reference.

101C.

The jurisdiction of the Mines Tribunal shall extend to such areas of the State of Uttar Pradesh to which the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. I of 1951) applies

101D.

The Mines Tribunal shall, when disposing of a reference under these rules, have the same powers as are vested in a court under the provisions of the Code of Civil Procedure 1908 (Act No. V of 1908) in respect of the following matters-

(a)discovery and inspection;

(b)enforcing the attendance of witnesses and requiring the deposit of their expenses;

(c)compelling the production of documents;

(d)examining witnesses on oath;

(e)granting adjournments;

(f)taking of evidence on affidavits;

(g)issuing commissions for examination of witnesses or inspection of the site;

(h)awarding damages and/or costs.

101E.

Subject to the provisions of the Act, and the rules made there-under, every reference made to the Mines Tribunal under Chapter VI of the Act shall be decided by the Tribunal, as far as may be, in accordance with the procedure applicable under the Code of Civil Procedure. 1908 (Act, No. V of 1908), to the trial of suits :Provided that the Mines Tribunal shall have the discretion to refuse, for reasons to be recorded in writing, examination of any witness if it is of the opinion that his evidence is not material for the decision of the reference or the witness appears to have been called only with a view to delay the proceedings.

101F.

The provisions of the Indian Evidence Act, 1872 (Act No. I of 1872), shall subject to the provisions of this Act or the rales made there-under, be deemed to apply in all respects to the disposal of a reference made to the Mines Tribunal under Chapter VI of the Act.

101G.

The Mines Tribunal shall refuse to admit a reference or a petition which does not comply with the requirements of the provisions of Chapter VI of the Act or the rules made thereunder.

101H.

Any person not included as a party in the reference may, upon application being made by him to the Mines Tribunal within fourteen days from the date of commencement of the case, be entitled to be joined as a party to the reference.Explanation. - For the purpose of this rule, the trial of a reference (case) shall be deemed to commence from the date fixed for the first hearing of the reference.

101I.

Any appearance, application or act before the Mines Tribunal may be made or done by the party in person or by a pleader duly engaged to act on behalf of a party to the reference :Provided that the Mines Tribunal may also direct any party to the reference to appear in person before it whenever it is considered necessary and expedient by the tribunal so to do.

101J.

Every reference made under Chapter VI of the Act shall be tried as expeditiously as possible and an endeavour shall be made by the Mines Tribunal to conclude the reference within six months from the date of commencement of the trial.]