| [Uttarakhand Ordinance No. 1 of 2016] | [15th February, 2016] |
(Promulgated by the Governor in the Sixty-sixth Year of the Republic of India)
To further amend the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (as applicable in the State of Uttarakhand).
Whereas the State Assembly is not in session and the Governor is satisfied that the circumstances exist which render it necessary for him to take immediate action.
Now, therefore in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India. The Governor is pleased to promulgate the following Ordinance:
1. Short title and commencement.-(1) This Ordinance may be called the Uttarakhand Zamindari Abolition and Land Reforms (Amendment) Ordinance, 2016.
(2) It shall extend to those area of district Udhamsingh Nagar, in which the land allotted to the refugees who came from Eastern Pakistan (existing Bangladesh) under rehabilitation scheme of the Government of India.
(3) It shall come into force at once.
2. Amendment of sub-clause (d) of Section 130.-In the existing Clause D of Section 130 of the principal Act shall be substituted as follows, namely-
"130. (D) refugees who come to India before the year 1971 from the Eastern Pakistan (existing Bangladesh) and who were allotted land under the Rehabilitation scheme of the Government of India, prior from 1980 on lease by the district rehabilitation office, Bareilly under the Government Grant Act, 1895 for agriculture within the territorial jurisdiction of temporary District Nainital (existing District Udham Singh Nagar) within the Rehabilitation scheme of the Government of India and who is such original leasee or their legal heirs and with consent of original leasee or possession in land without any consent by following procedure-
(1) Such original leasee or their legal heirs who have deposited the premium calculated at 1/20th part of circle rate as prevailing on 9-11-2000 shall be declared the Bhumidhar of transferable rights without fee.
(2) Such original leasee or their legal heirs, who have not deposited the premium till date, if they deposit premium to be calculated at 1/20th part of circle rate as prevailing on 9-11-2000 shall be declared Bhumidhar of transferable rights after deposition of the aforesaid premium.
(3) Such persons who have come into possession of the land with the consent of the original leasee or their legal heirs and have not deposited any premium till date, if they deposit premium to be calculated at 1/20th part of the circle rate as prevailing on 1-9-2005 shall be declared Bhumidhar of transferable rights after deposition of the aforesaid premium.
(4) Such persons who are in possession of the land without the consent of the original leasee or their legal heirs, and have not deposited any premium till date, if they deposit premium to be calculated at 1/20th part of the circle rate as prevailing on 1-9-2010 shall be declared Bhumidhar of transferable rights after deposition of the aforesaid premium.
(5) That the aforesaid premium can be deposited in two half yearly instalments.
Explanation.- All such persons shall be deemed the legal heirs as defined under the provisions of the Sections 171 to 175 of the UPZ and LR Act, 1950 (as adapted in Uttarakhand).".