Section 85E in U.P. Zamindari Abolition and Land Reforms Rules, 1952
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.
