THE UNITED PROVINCES SPECIAL POWERS
ACT, 1932
(U.P. ACT NO. XIV OF 1932)
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THE UNITED PROVINCES SPECIAL POWERS
ACT, 1932
(U.P. ACT NO. XIV OF 1932)
SUPPLEMENTED BY THE ACT NO. IX OF 1932 AMENDED BY THE U.P. ACT
NO. VII OF 1935 AMENDED BY THE U.P ACT NO. XII OF 1940 ADAPTED AND
MODIFIED BY THE GOVERNMENT OF INDIA
(Adaptation of Indian Laws) Order, 1937 Adapted and modified by the Adaptation of Laws order, 1950 (Received the assent of the Governor on December 7, 1932 and of the Governor- General on December 19, 1932 and was published under Section 81 of the Government of India Act on December 24, 1932)
whereas it is expedient to make provisions against and to take powers to deal with instigation to the illegal refusal of the payment of certain liabilities and whereas the Governor-General has given his previous sanction to the passing of this Act as required by sub-section (3) of Section 80-A of the Government of India Act. It is hereby enacted as follows :
1. Title, extent and duration.- (1) This Act may be called the United Provinces Special Powers Act, 1932.
(2) This section and Section 2 shall extend to the whole of [Uttar Pradesh]1 and the [State Government]2 may by notification in the [Official Gazette]3 extend all or any of the remaining sections to any district or to any part of a district in [Uttar Pradesh]1
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2. Definition.- In this Act, unless there is anything repugnant in the subject or context a liability means land revenue or any sum recoverable as arrears of land revenue or any tax, rate, cess or other dues or amount payable to Government or to any local authority or rent of agricultural land or anything recoverable as arrears of or along with such rent.
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2. subs, by ibid for [Provl. Govt.] which had been subs, by the A O, 1937 for [G in C].
3. subs. for [Gaz.] by the A.O. 1937.
4. amended by sec. 2 of U.P. Act VI of 1935 and adopted by A.O. 1937 was rep. by sec. 2 of U.P. Act XII of 1940
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3. Punishment for instigation to the non-payment of a liability.- Whoever, by words either spoken or written, or by signs or by visible representations, or otherwise, instigates, expressly or by implication, any person or class of persons not to pay or to defer payment of any liability, and whoever does any act, with intent or knowing it to be likely that any words, signs or visible representations containing such instigation shall thereby be communicated directly or indirectly to any person or class of persons, in any manner whatsoever, shall be punishable with imprisonment which may extend to six months or with fine, extending to Rs. 250, or with both.
4. Power to collect an arrear of a liability as an arrear of land revenue.- (1) Any person to whom an arrear of a liability is due may apply in writing to the Collector to realize it and the Collector shall, after satisfying himself that the amount claimed is due, proceed to recover it as an arrear of land revenue, in accordance with the law applicable to the recovery of arrears of land revenue in the area concerned.
(2) Nothing in this section shall prevent any person to whom an arrear of a liability is due from recovering it in accordance with the law applicable to the recovery of such arrear.
5. Application to Collector for recovery realized in excess.- Any person from whom an amount has been realized under Section 4 in excess of the amount due from him may apply to the Collector, within ninety days of the date of realization to have such excess recovered from the person on whose behalf he has realized it and the Collector, after giving notice to the person to whom the excess is alleged to have been paid and after making such inquiry as appears necessary, may order it to be refunded to the applicant and for this purpose may, if necessary, recover it as arrears of land revenue.
6. Punishment for participation in a mock funeral ceremony.- Whoever with intent to annoy any person or with the knowledge that annoyance is likely to be caused to any person performs or takes part in or abets the performance of any mock ceremony, resembling any ceremony associated with or consequent upon death, shall be punishable with imprisonment which may extend to three months or with fine not exceeding Rs. 250 or with both.
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7. Power to control suspected persons.- (1) The [State Government]1 if satisfied that there are reasonable grounds for believing that any person has instigated or is instigating, any person or class of persons not to pay or to defer payment of any notified liability, shall cause a notice to be served on such person and after considering any explanation of his conduct which may be offered by him within a period to be fixed in the notice, may by order in writing, give such person any one or more of the following directions, namely, that such person-
(a) shall not enter, reside or remain in any area specified in the order;
(b) shall reside or remain in any area specified in the order;
(c) shall remove himself from, and shall not return to, any area specified in the order.
(2) An order made under sub-section (1) shall not, unless the [State Government]1 by special order otherwise directs, remain in force for more than one month from the making thereof.
(3) The [State Government]1 by special order may direct that an order under sub-section (1) shall remain in force for not more that six months from the making thereof.
(4) An order under sub-section (1) shall be served on the person to whom it relates in the manner provided in the Code of Criminal Procedure, 1898, for service of a summons.
(5) The [State Government]1 may invest the District Magistrate with the powers of the [State Government]1 under sub-section (1).
8. Power of District Magistrate to secure reports of certain public meetings.- The District Magsitrate, in order to carry out the provisions of this Act, may, by order in writing depute one or more police officers not below the rank of a head constable, or other persons, to attend any public meeting, held or believed to be held with the object of instigating any person or class of persons not to pay or defer payment of any notified liability, for the purpose of causing a report to be made of the proceedings, and may, by such order, authorize the persons so deputed to take with them an escort of police officers.
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[L. G.].
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9. Power to issue search warrants.- The power to issue search warrants conferred by Section 98 of the Code of Criminal Procedure, 1898 shall be deemed to include a power to issue warrants authorizing-
(a) the search of any place in which any Magistrate mentioned in that section has reason to believe that any offence under this Act has been or is being committed, or that preparation for the commission of any such offence or act is being made;
(b) the seizure in or on any place searched under clause (a) of anything which the officer executing the warrant has reason to believe is being used, or intended to be used, for any purpose mentioned in that clause; and the provisions of the Code shall, so far as may be, apply to searches made under the authority of any warrant issued, and to the disposal of any property seized, under this section.
10. Penalty for disobeying order under section 7.- Whoever disobeys or neglects to comply with any order made or direction given in accordance with the provisions of Section 7 shall be punishable on a first conviction with imprisonment which may extend to six months or with fine not exceeding Rs. 500 or with both and on a subsequent conviction with imprisonment which may extend to one year or with fine, or with both.
11. Offences under the Act to be cognizable and bailable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1898, any offence punishable under this Act shall be cognizable and bailable.
12. Special rule of procedure.- No Magistrate shall take cognizance of any offence punishable under this Act except upon a report in writing of facts which constitute such offence made by a police officer not below the rank of sub-inspector, but in the case of an offence punishable under Section 3 the Magistrate may act either
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1 [14]. Jurisdiction barred.- No proceeding or order purporting to be taken or made under this Act shall be called in question by any court, and no civil or criminal proceeding shall be instituted against any person for anything done or intended to be done, in good faith, under this Act:
Provided that any person from whom an amount has been recovered under Section 4 in excess of the amount due from him may recover such excess in accordance with law from the person on whose behalf the Collector has realized it:
Provided also that nothing herein contained shall affect the appellate or revisional power of the courts under Chapters XXXI and XXXII of the Code of Criminal Procedure, 1898.
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