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[Cites 0, Cited by 2] [Entire Act]

State of Uttar Pradesh - Section

Section 3 in The United Provinces Agricultural Tenants (Acquisition of Privileges) Act, 1949

3. Tenants entitled to acquire the privileges.

- [(1) Whoever being-(a)a tenant holding on special terms in Avadh,(b)an ex-proprietary tenant,(c)an occupancy tenant,(d)a hereditary tenant, or(e)an occupier,(f)a sub-tenant referred to in sub-section (4) of Section 47 of the United Provinces Tenancy Act, 1939, of land (other than land specified in the Schedule) pays to the credit of the State Government an amount equal to—(i)where it is paid in a lump sum, ten times, and(ii)where it is paid in instalments as laid down in sub-section (4), twelve times,the annual rent payable or deemed to be payable by him in respect of the holding shall, on an application made by him in that behalf to the Assistant Collector, be entitled to a declaration with effect from the date on which the amount of the first instalment, as the case may be, has been deposited, that he has become entitled to the privileges provided by or under this Act.] [Substituted by item 1 of Schedule IV of U.P. Act I of 1951][Explanation I. - Where a holding is jointly held by two or more tenants, the rent payable by any tenant shall, for the purposes of this Section, be deemed to be an amount proportionate to his share therein] [Substituted by Section 2 of U.P. Act VII of 1950].[Explanation II.] [Added by Section 2 of U.P. Act VII of 1950] - For the purposes of this Section the expression –(i)"Occupier" means an occupier [recoded in the record of rights for 1356 fasli] [Added by Item 2 of Schedule IV of U.P. Act I of 1951] of any land which on the date immediately preceding the date of declaration under Section 6 is not included in the holding of a premanent tenure-holder, permanent lessee in Avadh, tenant grove-holder rent free grantee, grantee at a favourable rate of rent [* * *] [ The words "or which is not sir or khudkasht" omitted by Item 2 of Schedule IV of U.P. I of 1951], or which is not in the personal cultivation of a thekadar or a mortgagee, [or which is not sir or khudkaslu of a landlord, who on the said date is assessed in Uttar Pradesh to land revenue of Rs. 250 or less annually or where no land revenue is assessed to lesser amount of local rate than would be payable on land revenue of Rs. 250 annually] [ Added by Ibid].(ii)"Hereditary tenant" includes a tenant of sir holding from a sir holder who, on the date immediately preceding the date of declaration under Section 6, is assessed in Uttar Pradesh to a land revenue exceeding Rs. 250 annually or where no land revenue is assesed, to a local rate exceeding the amount which would be assessed on a land revenue of Rs. 250 annually.]
(2)[ Notwithstanding anything contained in sub-section (1), in the case of a holding held jointly by two or more tenants, anyone of them may pay the amount referred to in the said sub-section on behalf of all other tenants in the holding.] [ Added by Section 2 of U.P. Act VII of 1950]
(3)[ It shall be sufficient for the purposes of sub-section (1) if the applicant instead of paying the amount in cash makes an application to the Assistant Collector stating that the amount of any bond issued in favour of the applicant as balance of price of sugarcane supplied by him to a sugar factory may be treated as deposit of the amount referred to in sub-section (1)] [ Added by Item 3 of Schedule IV of U.P. Act I of 1951].
(4)[ In cases to which clause (ii) of sub-section (1) applies, the applicant may, if the application is made –
(a)before the first day of March, 1951, pay the amount in four equal instalments, that is to say-
First Installment Along with the application.
Second Installment June 30, 1951.
Third Installment February 28, 1952
Fourth Installment June 30, 1952.
(b)before the first day of July, 1951 but after the last day of February, 1951 pay the amount in three equal instalments that is to say –
First Installment Along with the application.
Second Installment February 28, 1952.
Third Installment July 30, 1952.
(c)before the first day of March, 1952, but after the last day of June, 1951, pay the amount in two equal instalment that is to say-
First Installment Along with the application.
Second Installment June 30, 1952
Provided that the Assistant Collector may on the application of the applicant extend the date fixed for the payment of the second and subsequent instalments so, however that the date so extended shall not be later than the 30th day of June, 1952.] [ The words "or which is not sir or khudkasht" omitted by Item 2 of Schedule IV of U.P. Act I of 1951][3-A. Acquisition of privileges by sub-tenants. [ Added by Section 3 of U.P. Act VII of 1950] - (1) Where a part only of the holding belonging to a person mentioned in clauses (a) to (d) of sub-section (1) of Section 3 is held by a sub-tenant, such person may on payment of ten times the amount of rent payable for the remainder of the holding (such amount to be determined by the Assistant Collector) make an application under the said sub-section in respect of the remainder, and the provisions of Sections 4 to 7 shall apply to such application as if the remainder were a separate holding,
(2)The provisions of sub-section (1.) of Section 3 shall have effect in the case of a sub-tenant also as if he was a tenant of the land held by him:Provided that no application shall be made thereunder except with the written consent of the land-holder and that the amount to be paid to the State Government shall be fifteen times the rent payable for the land by the land-holder or if the landholder so further agrees, ten times of such rent.Explanation. - The expression "rent payable" in sub-sections (1) and (2) means the rent as may be fixed by the Assistant Collector having regard to—
(i)the rent payable for the entire holding by the land-holder;
(ii)the portion thereof held by the sub-tenant; and
(iii)the nautre and quality of such portion.
(3)Where a declaration has been granted to a sub-tenant in accordance with Sections 3-A and 6, the land-holder shall be deemed, notwithstanding anything contained in any law or contract, to have surrendered such land and the sub-tenant to have become the hereditary tenant therefore liable to pay an amount on account of rent which shall be equal to the amount determined in accordance with the explanation to Section 3-A.][3-B. Acquisition of privileges by unrecorded co-tenants. [ Added by Section 3 of U.P. Act VII of 1950]- (1) Any person claiming to be entitled as co-tenant of a holding along with the recorded tenants thereof but whose name is not recorded in the recorded-of-rights relating thereto may apply under Section 3 for a declaration in respect of the whole holding or his share therein.
(2)No application under sub-section (1) shall be granted unless the tenants whose names are recorded in the record-of-rights give their consent in writing .
(3)If the application is allowed the Assistant Collector shall order the name of the applicant to be recorded as a co-tenant and all the provisions of Sections 4 to 16 shall apply to him as if he had been a tenant whose name was already entered in the record-of-rights].[3-C. Acquisition of privileges by recorded and unrecorded co-tenants jointly. [ Added by Section 3 of U.P. Act VII of 1950] - (1) In the case of 151 holding belonging jointly to two or more persons as tenants but the name of some only of the tenants being entered in the record-of-rights the person recorded may, in the application, under section 3, request the Assistant Collector to grant the declaration in favour jointly of himself and such person.
(2)The Assistant Collector shall thereupon issue a notice to such other person and if in reply to the notice such other person appears and consents that he is a tenant, he shall grant the declaration jointly in favour of both].