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State of Uttar Pradesh - Section

Section 27 in The U.P. Government Estates Thekedari Abolition Rules, 1960

27.

Subject to the provisions of Appendix I, the provisions of the Indian Court Fees Act, 1870, the Code of Civil Procedure, 1908 and the Indian Limitation Act, 1908 shall apply to the proceedings under the Act.G.E.T.A. Form 1[See Rule 3]Form of ProclamationI ............................. Collector of district ......................... do hereby declare for the information of all persons present or claiming any right, title or interest in lease in respect of lands situate in the Mahals and the village described hereinafter that by virtue of Notification No. ................... dated .................... the leases described therein shall determine on .................... and I shall on the date aforesaid take charge of these lands on behalf of the Government of Uttar Pradesh.Be it known to all, therefore, that with effect from the date aforesaid, all rights, title and interest of the lessee in such land shall cease.With effect from the date aforesaid all rent, cesses and sayar in respect of land, the lease of which is thus determined, shall be payable to the State Government and not to the lessee and any payment made in contravention of this order shall not be a valid discharge of the person liable to pay the same.Signature .............................Date .....................................Seal of the Collector.G.E.T.A. Form 2[See Rule 5]Statement showing arrears of rent, cesses, taqavi and other dues recoverable from lessee on the date of determination of the lease-Tahsil ...................................... District ......................................
SI. No. Name of lessee with parentage and residence Village Mahal Nature of arrears Amount of arrears on the date of determination oflease Signature of Collector with date Remarks
Principal Interest Total
1 2 3 4 5 6 7 8 9 10
                   
G.E.T.A. Form 3[See Rule 8]Statement showing land in personal cultivation of the lessee-Mahal......................Village.....................Tahsil........................District..........
SI. No. Khewat khata No. Name of lessee with parentage and residence Khatauni khata No. Khasra No. of plots Area of plots
1 2 3 4 5 6
           
Class of soil Rent rate applicable Valuation Total rent of khata khatauni Signature of Collector with date Remarks
7 8 9 10 11 12
           
G.E.T.A. Form 4[See Rule 8]Commutation of grain rent into cash-Mahal......................Village.....................Tahsil........................District..........
SI. No. No. of Khewat khata Khatauni khata No. Class of tenancy Name of tenant with parentage and residence Khasra No. of plots Area
1 2 3 4 5 6 7
             
Class of soil Rent rate applicable according to Section9(a)(ii) Cash rent commuted Total rent of khata khatauni Order of Collector Remarks
8 9 10 11 12 13
           
G.E.T.A. Form 5[See Rule 8]Commutation of rent in cases in which it is payable but has not been determined-Mahal......................Village.....................Tahsil........................District..........
SI. No. No. of Khewat khata Khatauni khata No. Class of tenancy Name of tenant with parentage and residence Khasra No. of plots Area
1 2 3 4 5 6 7
             
Class of soil Rent rate applicable according to Section9(a)(ii) Cash rent determined Total rent of khata khatauni Order of Collector Remarks
8 9 10 11 12 13
           
G.E.T.A. Form 6[See Rule 8]Statement showing details of sayar income-Mahal......................Village.....................Tahsil........................District..........
SI. No. Khata Khewat No. of years for which lease held No. of years for which sayar income is to beascertained Total sayar income for the year in column 4 Average sayar income Col. 5/Col. 4 Order of Collector
1 2 3 4 5 6 7
             
G.E.T.A. Form 7[See Rule 8]Statement of cash rents including cesses payable to the lessee-Mahal......................Village.....................Tahsil........................District..........
Khata khewat number Total cash rent including cesses and other duesin Part I of the khatauni payable to lessee Income from sayar Col. 2 minus Col. 3 Signature of Collector Remarks
1 2 3 4 5 6
           
G.E.T.A. Form 8[See Rule 8]Statement of Gross Income-Mahal......................Village.....................Tahsil........................District..........
No. of khata khewat Cash rent, cess and other dues entered in Col. 4of G.E.T.A. Form 7 Rent of land in personal cultivation of lesse(Col. 10 of G.E.T.A. Form 3) Grain rent commuted to money rent (Col. 11 ofForm 4) Rent determined in respect of unrented holdings(Col. 11 of G.E.T.A. Form 5) Sayar income (G.E.T.A. Form 6) Total of Cols. 2 to 6
1 2 3 4 5 6 7
             
G.E.T.A. Form 9[See Rule 23]Statement showing land held by lessee if exceeds of 30 acres-District .................................................
SI. No. Name of lessee Tahsil Village Mahal Khata khatauni No. Plot No. Area of the plot Total area held by lessee Signature of Collector Remarks
1 2 3 4 5 6 7 8 9 10 11
                     
G.E.T.A. Form 10[See Rule 23]Notice (in duplicate) under Rule 23 of the rules framed under the U.P. Government Estate Thekedari and Abolition Act, 1958.ToSri. ..................................................Son of .................................................R/o ...................................................Whereas the total area of land held by you exceeds 30 acres (as set out in the statement in G.E.T.A. Form 9 attached) and whereas under the provisions of Section 4 of the U.P. Government Estates Thekedari Abolition Act, 1958, you are allowed to retain only 30 acres thereof and the rest shall be deemed to be vacant land, you may within one month from the date of the service of this notice indicate your choice in respect of the plots you want to retain with yourself, the total area whereof should not exceed 30 acres.In default of the expression of your choice the matter shall be decided and disposed of in your absence,
Seal of the Court of Collector. ......................................
  Signature of Collector
  Date.................................
G.E.T.A. Form 11[See Rule 23]Order of Collector under Section 4 of the U.P. Government Estates Thekedari Abolition Act, 1958-Whereas under the provisions of Section 4 of the U.P. Government EstatesThekedari Abolition Act, 1958, Sri................................is entitled to retain only 30 acres of land out of.........................acres of land held by him and whereas, the lessee abovenamed was served with a notice asking him to express his choice in respect of the plots he wishes to retain, and he has done so/has not done so, I hereby order that the plots as described in List A below shall be deemed to be settled with the lessee at the rent recorded hereunder as hereditary tenant. The land described in List B shall be deemed to be vacant land, and the lessee shall be liable to ejectment therefrom.List A
Tahsil Village Plot No. Area Rent
1 2 3 4 5
         
List B
Tahsil Village Plot No. Area
1 2 3 4
       
G.E.T.A. Form 12[See Rule 7]Statement of apportionment of Large Land Holdings Tax-
Name of lessee assessee Valuation of land holdings in year... Fasli....on which tax assessed in.... Fasli, under Section 5 of the L.L.H.Tax Act Amount of tax Valuation of land held under lease whichdetermined under Notification No.... dated.... Proportionate amount of tax due on land in Col.(3x4)/2 Signature of A.C. Remarks
1 2 3 4 5 6 7
             
G.E.T.A. Form 13[See Rule 9]Share of lessee in Gross Income and in rent and cesses payable by him-Mahal......................Village.....................Tahsil........................District..........
Khata khewat Name, parentage and residence of lessee Share of lessee in khata khewat Gross income of khata khewat Rent and cesses payable in respect of the khatakhewat Lessee's share of rent and cesses Signature of Collector Remarks
1 2 3 4 5 6 7 8
               
G.E.T.A. Form 14[See Rule 9]District ..................................Statement of Net Income-
SI. No. Name, parentage and residence of lessee Tahsil Village Mahal Khewat Khata Gross income of lessee in the khewat khata Rent and cesses payable by the lessee for thekhewat khata
1 2 3 4 5 6 7 8
               
Cost of management and irrecoverable at 25 percent of (Col. 7-8) Holdings Tax as in G.E.T.A. Form 12 Total of (Cols. 8 to 10) Net income (Col. 7 minus Col. 11) Signature of Collector Remarks
9 10 11 12 13 14
           
G.E.T.A. Form 15[See Rule 10]Book No. .............................. Leaf No. .................................Compensation statementIn the Court of Collector ......................................................Name of lessee ............................. Parentage ...........................Residence ........................................................................Tahsil in which the lease is held ................................................Under the provisions of Section 3 of the U.P. Government Estates Thekedari Abolition Act, 1958, the lease of the lessee named above have determined and as a consequence thereof the right, title and interest of the lessee under the lease have ceased, and the amount of compensation payable to the lessee has been ascertained, details whereof are given overleaf.The amount of net income works out of rupees (in words and figures) .....................................................The R. P. as defined in Section 11 of the said Act has been fixed at (in words) years and the amount of compensation payable to the intermediary works out to Rs. ............................................The amount of arrears outstanding against the lessee are also detailed overleaf and these may, without prejudice to any other mode of recovery, be realized from the amount of compensation.Signature of Collector.Seal of the Court.Date...............................
(1)Gross income of the lessee.
(2)Rent together with cesses payable by the lessee in the previous agricultural year in respect of land included in lease.
(3)Holdings Tax payable in respect of land included in the lease.
(4)Cost of management and irrecoverable.
(5)Total of items 2 to 4.
(6)Net income (item 1 minus item 5).Arrears
Nature of arrears Principal Interest Total
1 2 3 4
       
Seal of the Court. Collector..........................................
  Date.................................................
On Counterfoil. (Addl. Items).
Date of publication Date of service on lessee Date of decision of objectionCompensation statement made final on the amount Final Compensation determines Rs......................(in words and figures)...........................Seal of the Court.Signed...................................Date.......................................(Acknowledgement by the lessee)Received copy of final compensation statement in G.E.T.A. Form 18 on ............... 196 ..........Signature ....................G.E.T.A. Form 16[See Rule 10]In the Court of Collector .......................................................Whereas the statements of gross and net incomes and the compensation statement in respect of the lessees as hereinafter described have been prepared, they are published for the information of all persons interested, who may appear and file objections, if any, upon the said statement or the draft compensation statement within a period of one month from the date of publication.The statement referred to above will be available for inspection in my Court-room at on any working day between 10 a.m. and 4 p.m.:
Name of lessee with parentage and residence Leases situated in
Tahsil Village Mahal
1 2 3 4
       
Seal of the Court Signature of Collector.
G.E.T.A. Form 17[See Rule 13]FromThe Collector,.....................................ToThe District Judge,.....................................No. ....................... dated ....................... 19 ......Sir,I have the honour to forward herewith objections filed by...........................together with extract from the compensation statements of the lessee, and a copy of the relevant lease.