Section 16 in The Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956
16. Consequences of acquisition of right, title and interest under Section 15.
- Where a notification under Section 15 has been published in the official Gazette, then, notwithstanding anything contained in any contract or document or in any other law for the time being in force and save as otherwise provided in this Act, the consequences as hereinafter set forth shall, from the beginning of the appointed date ensue with respect to the land to which the notification relates (hereinafter called the notified land), namely,-(a)all rights, title and interest of the intermediary in the notified land shall cease and be vested in the State of Uttar Pradesh free from all encumbrances;(b)all notified land held on the date immediately preceding the appointed date by any person as tenant shall be deemed to be settled by the State Government with such person who shall, subject to the provisions of this Act, be entitled to take or retain possession as a sirdar thereof;(c)(i)all rents payable by the tenant in respect of the notified land for any period after the appointed date which, but for acquisition of rights, title and interest of the intermediary therein would be payable to the intermediary, shall vest in and be payable to the State Government and not to the intermediary, and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same;(ii)where under an agreement or contract made before the appointed date any rent for any period after the said date has been paid to or compounded or released by the intermediary the same shall, notwithstanding the agreement or the contract, be recoverable by the State Government from the intermediary and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such intermediary under Section 21;(d)all arrears of revenue due from the intermediary for any period prior to the appointed date shall continue to be recoverable from such intermediary and may without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation payable to such intermediary under Section 21;(e)the rights, title and interest of the intermediary, so acquired shall not be liable to attachment or sale in execution of any decree or other process of any court, civil or revenue, and any attachment existing at the appointed date or any order for attachment passed before such date shall, subject to the provisions of Section 73 of the Transfer of Property Act, 1882, cease to be in force;(f)no claim or liability enforceable or incurred before the appointed date by or against the intermediary for any money which is charged on or is secured by a mortgage of the notified land shall, except as provided in Section 73 of the Transfer of Property Act, 1882, be enforceable against such land of the tenant;(g)nothing contained in this chapter shall in any way affect the right of any person-(i)to continue to work any mines comprised in any notified land which shall be governed by law for the time being in force; and(ii)to recover any arrears of rent, or other dues which accrued before the appointed date and the same shall, notwithstanding anything contained in this Act, be recoverable as heretofore by the person entitled thereto :Provided that no decree for any arrear of rent or order for ejectment in default of an arrear of rent shall be executed by ejectment of the judgement-debtor from his holding; and(h)all suits and proceedings of the nature to be prescribed pending in any court at the appointed date and all proceedings upon any decree or order passed in any such suit or proceeding previous to the appointed date shall be stayed.
