Section 58 in The U.P. Imposition Of Ceiling On Land Holdings Rules, 1961
58.
[* * *] [Omitted by Notification No. 178/5-A-2-5(1)-70, dated 9.11.1970, published in U.P. Gazette, Part 1-Ka, dated 21.11.1970.][59. [Section 28]. - (1) In making settlement of surplus land with the Gaon Sabha under sub-section (1) of Section 27, the Collector shall as far as it may be possible, settle uncultivated land with it. Where, however, the required area of uncultivated surplus land is not available for settlement with a Gaon Sabha in a particular village only so much of cultivated land shall be settled with it for community purposes of the village which will, along with the uncultivated surplus land and the land already available with it for community purposes, make up a total of 15 acres.] [Substituted by Notification No. 178/5-A-2-5(1)-70, dated 9.11.1970, published in U.P. Gazette, Part 1-Ka, dated 21.11.1970.](2)[ The settlement of surplus land, other than grove-land, under Section 26-A or 27(3) shall be made by means of a Patta in C.L.H. Form 36 and Qabuliat in C.L.H. Form 36-A.] [Substituted by Notification No. 244/1-5(8)-78-Revenue-1, dated 30.11.1978 (w.e.f. 6.12.1978).](3)[ The following terms and conditions shall be deemed to be included in the case of every settlement referred to in sub-rule (2), namely -(a)[ the lessee shall have hereditary rights in the land and inheritance shall be governed by the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as applicable to the Bhumidhars;](b)the lessee shall be entitled to utilize the land only for cultivation or for other purposes connected with agriculture;(c)except in cases provided for in clauses (d) and (e, no lessee shall have any right to transfer or sublet the land settled or leased in his favour;(d)the lessee shall have the right to mortgage (including charge) the land in accordance with Section 153(2) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950;(e)the lessee shall have the right to sublet the land in accordance with Sections 156 and 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, and the provisions of the said Act and the rules made thereunder relating to subletting shall mutatis mutandis apply;(f)the lessee shall pay annually to the State Government in respect of the land so settled, rent calculated at double the amount of sanctioned hereditary rates applicable to the land liable to revision at the time of settlement.](4)If the lessee commits a breach of any terms and conditions of the lease, the settlement or the lease shall determine and the land shall revert to the State Government.(5)When a settlement or lease of any land has determined under sub-rule (4), the Collector may evict any person holding or retaining possession thereof and may for that purpose use or cause to be used such force as may be necessary.[59A. Settlement of surplus grove-land. - (1) The settlement of plots of surplus grove-land, less than five acres in area, under sub-section (2) of Section 27, shall be made by means of a Patta in C.L.H. Form 36-B and Qabuliat in C.L.H. Form 36-C.(2)The following terms and conditions shall apply to every settlement referred to in sub-rule (1), namely -(a)the lessee shall maintain the grove-land in the shape of a grove. He shall have ownership rights over the trees standing on the grove-land;(b)the provisions of the Uttar Pradesh Protection of Trees in Rural and Hill Areas Act, 1976 (U.P. Act No. 45 of 1976) and the rules made thereunder, shall mutatis mutandis apply to the falling of trees standing on the grove-land;(c)the lessee shall have hereditary rights in the grove-land and inheritance shall be governed by the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, as applicable to Bhumidhars;(d)except in cases provided for in clauses (e) and (f), no lessee shall have any right to transfer or sublet the grove-land settled or leased in his favour;(e)the lessee shall have right to mortgage without possession of his interest in grove-land as security for a loan taken from the State Government by way of taqavi or from a Co-operative Society or from the State Bank of India or from any other Bank which is a scheduled bank within the meaning of clause (e) of Section 2 of the Reserve Bank of India Act, 1934 (Act II of 1934) or from the Uttar Pradesh State Agro-Industrial Corporation Limited;(f)the lessee shall, so far as the right to sublet the grove-land is concerned, be governed by the provisions of Sections 156 and 157 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950;(g)the lessee shall pay annually to the State Government in respect of the grove land so settled, rent calculated at double the amount of sanctioned hereditary rates applicable to the land, which shall be liable to revision at the time of settlement.(3)If the lessee commits a breach of any terms and conditions of the lease, the settlement or the lease shall determine and the grove land shall revert to the State Government.(4)Where a settlement or lease of any grove-land has determined under sub-rule (3), the Collector may evict any person holding or retaining possession thereof and may for that purposes use or cause to be used such force as may be necessary.] [Inserted by Notification No. 244/1-5(8)-78-Revenue-1, dated 30.11.1978 (w.e.f. 6.12.1978).]
