Uttar Pradesh act 052 of 1976 : The UTTAR PRADF,SH LAWS (EXTENSION TO TERRITORIES TRANSFERRED FROM BIHAR) ACTThe 1976

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THE UTTAR PRADESH LAWS (EXTENSION TO TERRITORIES

TRANSFERRED FROM BIHAR) ACT, 1976¹

[ U. P. Act No. 52 of 1976 ]

Amended by U. P. Act No. 20 of 1982

[Passed in Hindi by the Uttar Pradesh Legislative Council on November 2, 1976 and by the Uttar Pradesh Legislative Assembly on November 8, 1976.

Received the assent of the President on December 7, 1976 under Article 201 of the Constitution of India and was published in the Uttar Pradesh Gazette Extraordinary, dated December 10,

1976. ]

ACT

to extend certain laws in force in Uttar Pradesh to the territories transferred from Bihar by or under the Bihar and Uttar Pradesh . (Alteration of Boundaries Act, 1968) :

Short title and

commencement

IT IS HEREBY enacted in the Twenty-seventh Year of the Republic of India as follows :—

1. (1) This Act may be called the Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976.

(2) It shall be deemed to have come into force on October 15,

1976.

Definitions 2. In this Act, unless the context otherwise requires —

(a) "Bihar Laws" means so much of any Bihar Act, Ordinance or Regulation, as relates to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution and includes any statutory instrument ;

[(aa) "Scheduled Village" means a village comprised in the transferred territories and specified in the Second Schedule ; ]

(b) "State Law" means so much of any Uttar Pradesh Act, Ordinance or Regulation, as relates to any of the matters enumerated in Lists II and III in the Seventh Schedule to the Constitution and includes any statutory instrument ;

(c) "transferred territories" means the territories transferred from the State of Bihar and added to Uttar Pradesh by the Bihar and Uttar Pradesh (Alteration of Boundaries) Act, 1968.

Assimilation of State Laws

3. (1) The State Laws specified in the second column of³[the first Schedule] shall, as from the date of commencement of this Act, ——————————————————————————————————————————

1 . For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated November 5, 1 976. 2. Ins. by sec. 23 of U. P. Act No. 20 of 1982.

3 . Ins. by sec. 24 ibid.

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extend to the transferred territories subject to the modifications specified in the third column thereof and all appointments, orders or statutory instruments made or issued thereunder shall, so far as they are not inconsistent with the said modifications, extend, mutatis- mutandis to the transferred territories and shall, in such modified form, continue in force until repealed or amended by the competent Legislature or other competent authority.

(2) The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 as extended by notification no. 10/Rajaswa-1/1-6—(1)-72, dated March 17, 1972, shall continue in force and be deemed always to have continued in force (with the modifications specified in that notification) in the transferred territories until repealed or amended by the Uttar Pradesh State Legislature.

(3) All other State laws which immediately before the date of commencement of this Act, extend to, or are not in force in, the transferred territories shall, as from such date, extend to or, as the case may be, come into force in, the transferred territories and continue in force therein until repealed or amended by the competent Legislature or other competent authority.

(4) All Bihar laws which immediately before the date of commencement of this Act, are in force in the whole or any part of the transferred territories shall, with effect from such date, stand repealed in respect of their operation in such territories and the provisions of section 6 and 24 of the Uttar Pradesh General Clauses Act, 1904 shall apply as if those laws were repealed and re-enacted by the corresponding laws extended to, or brought into force, into the transferred territories by virtue of sub-section (1) and (3).

Conferment of tenurial rights on certain occupants. 1 [3-A. (1) Where any person is in occupation of any land, situate in a Scheduled village, on October 15, 1976 as well as on the date of commencement of this section, and such land is a land to which the provisions of section 132 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 —

(a) apply such person shall, with effect from the date of such commencement become and be deemed to have become an asami holding land on behalf of the Gaon Sabha concerned ;

(b) do not apply, such person shall, with effect from the date of such commencement, become and be deemed to have become bhumidhar with transferable rights in respect of such land.

(2) The provisions of this section shall have effect, anything to the contrary contained in any law for the time being in force notwithstanding. ]

Disposal of suits,

appeals, etc.

4. (1) All suits, appeals, applications or other proceedings under any Bihar law pending before any court or authority in respect ——————————————————————————————————————————

1. Ins. by sec 25 of U. P. Act no. 20 of 1982.

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of the transferred territories shall, with effect from the date of commencement of this Act, be deemed to be suits, appeals applications or other proceedings instituted or filed under the corresponding provisions of the State Laws referred to in sub-sections (1) to (3) of section 3 and shall be disposed of accordingly.

(2) All suits, appeals, applications or other proceedings under any Bihar law to which the provisions of sub-section (1) do not apply shall abate with effect from the date of commencement of this Act.

Power to Courts for purposes of facilitating application of law

5. For the purposes of facilitating the application of any State Law mentioned in sub-sections (1), (2) and (3) of section 3 to the transferred territories, any court or other authority may construe such law with such alterations, not affecting the substance, as may be necessary or proper to adapt it to the matter before the court or other authority.

Power to remove difficulties

6. (1) If any difficulty arises in relation to the transition from the laws mentioned in sub-section (4) of section 3 to the laws mentioned in sub-sections (1), (2) and (3) thereof, the State Government may, by notification in the Gazette, make such provisions as it considers necessary for the removal of such difficulty :

Provided that no such order shall be made after five years from the date of commencement of this Act.

(2) Any order made under sub-section (1) may be given retrospective effect from any date not earlier than the date of addition of the transferred territories to the State of Uttar Pradesh.

(3) No order under sub-section (1) or sub-section (2) shall be called n question in any court on the ground that no difficulty as is referred to in sub-section (1) existed or was required to be removed.

Repeal and saving

7. (1) The Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Ordinance, 1976 is hereby repealed.

U. P.

Ordinance no. 29 of

1976

(2) Notwithstanding such repeal anything done or any action taken under the aforesaid Ordinance shall be deemed to have been done or taken under this Act as if this act were in force at all material times.

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824

1 [THE FIRST SCHEDULE]

[See section 3 (1)]

—————————————————————————————————————————- Serial no. Short title of the Act Section Extent of modifications —————————————————————————————————————————-

1 The Uttar Pradesh Imposition of Ceiling on Land Holdings Act,

1960.

Section 1 Section 5 Sub-section (3) shall be omitted. In sub-section (1), for the words "on and from the commencement of the Uttar Pradesh Imposition of Ceiling on Land Holdings (Amendment) Act, 1972", the words and figures, "on and from the commencement of the Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976" shall be substituted.

2 The Uttar Pradesh Consolidation of Holdings Act, 1953. Section 1

Sub-section (3) shall be omitted.

3 The Land Acquisition (U. P. Amendment) Act,

1954.

Section 1 Section 3 Sub-section (2) shall be omitted. Shall be omitted.

4 The United Provinces Acquisition of Property (Flood Relief) Act,

1948.

Section 1 Sub-sections (2) and (3) shall be omitted.

5 The Uttar Pradesh Flood Emergency Powers (Evacuation and Requisition) Act,

1951.

Section 1 Sub-section (3) shall be omitted.

6 The U. P. Government Estates Thekedari Abolition Act, 1958 as repealed and re- enacted with

modification by the Uttar Pradesh

Government Estates Thekedari Abolition (Re-enactment and Validation) Act, 1970). Section 1 Sub-sections (2) and (3) shall be omitted.

——————————————————————————————————————————

1. Re-numbered by sec. 26 of U. P. Act No. 20 of 1982.

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7 The Uttar Pradesh House Sites (Flood Affected Areas) (Temporary Powers) Act, 1957.

Section 1 Sub-section (3) shall be omitted.

8 The Uttar Pradesh Bhoodan Yagna Act,

1952.

Section 1 Sub-section (3) shall be omitted.

9 The U. P. Panchayat Raj Act, 1947.

Section 1 For sub-section (3) the following sub- section shall be substituted,

namely:—

"(3) In relation to the transferred territories as defined in the Uttar Pradesh Laws (Extension to Territories Transferred from Bihar) Act, 1976, it shall apply subject to such modifications as the State Government may by notification specify."

10 The Uttar Pradesh Vrihat Jot-Kar Adhiniyam, 1963. Section 1

Section 5

Sub-section (2) shall be omitted. The following Explanation shall be inserted, namely :—

"Explanation : In relation to the transferred territories as defined in the Uttar Pradesh Laws (extension to Territories Transferred from Bihar) Act, 1976, hereditary rates" means rates of rent prevailing before the application of this Act to the said territories ascertained in such manner as may be prescribed."

Section 7 In sub-section (1), the following proviso thereto shall be inserted, namely :—

"Provided that in relation to the agricultural year ending on June 30, 1976 the reference to the prescribed date shall be construed as a reference to the date of expiration of a period of two

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commencement of the Uttar Pradesh

Laws (Extension to Territories

Transferred from Bihar) Act, 1976."

11 The United Provinces Land Revenue Act, 1901 as amended by section 339 of (read with List II of Schedule III to) the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. Section 1 Sub-section (3) shall be omitted. —————————————————————————————————————————-

1 [THE SECOND SCHEDULE]

(See section 3-A) Names of the Scheduled villages

1. Bhikhanpura or Bhikharipura

2. Shahpur Dighwara

3. Arazi Mafi Anjorpur

4. Sheopur Gangabarar

5. Bijaura Gangabarar

6. Sital Patti Gangabarar

7. Chaturbhujtari Gangabarar

8. Govindpur Gangabarar

9. Dangrabad

10. Bulapur

11. Hardeo Chhapra

12. Harsewak Chhapra

13. Chaubechhapra

14. Kaulapat Chhapra urf Dubechhapra

15. Naubarar I appg. to Belsipah

16. Naubarar of 1973 appg. to Belsipah

17. Naubarar I appg. to Sarwanpur

18. Naubarar I appg. to Palia

19. Sobhapur

20. Pandari

21. Paikauli

22. Asmanpur

23. Govindpur

24. Chaturbhujpur

25. Alakh Diara

26. Pokhara

27. Tolo Bare Babu

28. Tulapur II Portion

29. Durjanpur

30. Udhopur. ——————————————————————————————————————————

1. Ins. by sec. 26 of U. P Act No. 20 of 1982.