THE U.P. IMPOSITION OF CEILING ON LAND HOLDINGS RULES, 1961

5 · (1) All proceedings under the Act shall be held before the Prescribed Authority within whose jurisdiction the tenure-holder ordinarily resides.

6 · The general notice to be published in pursuance of Section 9 and the statement required to be submitted thereunder by every tenure-holder holding land in excess of the ceiling area applicable to him in the State shall be in C.L.H. Forms 1 and 2 respectively.

7 · (1) Soon after the issue of general notice in C.L.H. Form 1, the Prescribed Authority shall, after making necessary enquiries, cause to be prepared a statement in C.L.H. Form 3.

10 · [Section 44]. - (1) Where a tenure-holder has opted to declare his share or part thereof in one or more of his holdings, held jointly by him along with others, as surplus land or where the Prescribed Authority proposes to declare any such share or part thereof as surplus land in Part C of C.L.H. Form 3, the Prescribed Authority shall, except where the tenure-holder is in separate possession of his share in such holding, proceed to demarcate the same before determining the surplus land of the tenure-holder.

11 · [Section 44]. - Where portion of a plot has to be determined as surplus land, the Prescribed Authority shall, before making the said determination, demarcate the said portion. Before making the said demarcation the Prescribed Authority shall give to the tenure-holder concerned an opportunity of being heard and shall, as far as may be possible, demarcate the portion of the plot which is to be declared as surplus land in such manner that the remaining part of the plot left with the tenure-holder remains with the bulk of the land to be allotted as the ceiling area applicable to him.

15 · [Section 44]. The Prescribed Authority shall, for the purpose of fixation of land revenue and correction of land records, also send intimation in respect of land included in the ceiling area applicable to a tenure-holder to the Collectors of the districts [where it is situate, along with a copy of C.L.H. Form 6].

16 · [* * *]

17 · [Section 15]. - (1) The Collector in conducting sale of crop, or fruits of trees, or property under sub-section (2) of Section 15, shall -

22 · Item (a), Part IV of the Schedule under Section 17. - Where the gross annual letting value of any building is not known, it shall be ascertained on the basis of the letting value of any building of the same nature and condition existing in the neighbourhood and being used for purposes similar to that for which the former was being used. Where no building of similar nature, condition and use exists in the neighbourhood, the gross annual letting value of the building shall be taken to be an amount arrived at by dividing by twenty the assumed valuation of a building constructed afresh, of the same size, pattern and construction.

25 · All objections filed under Section 19(2) and application made under Section 20(2) shall be entered in a Misilband Register which shall be maintained in C.L.H. Form 5.

26 · If during the course of service of notice under Rule 24 or otherwise, the [Prescribed Authority] comes to know that the person on whom the notice is or was to be served has died, he may proceed to determine the legal representative of the deceased in the manner prescribed in Rules 43-B of the U.P. Zamindari Abolition and Land Reforms Rules, 1952.

27B · [Section 17A.] - (1) C.L.H. Form 40 shall be bound in books of 50 form each and the stock of these books shall be kept in the Treasury under double lock from where these shall be withdrawn and supplied by the Treasury Officer to the [Prescribed Authority] on receipt of requisite indents. The Treasury Officer shall maintain a stockbook of C.L.H. Form 40 in the register in C.L.H. Form 41.

27C · [Section 17A]. - (1) On receipt of the annuity roll from the [Prescribed Authority] for countersignature the Collector shall check the entries made therein by referring to the orders passed on the file and if he finds that there is no mistake, he shall countersign both copies of the annuity rolls. At the same time he shall write the words "Countersigned the Roll" on the assessment order under his signature and date. Before countersigning the annuity roll, the Collector shall verify from the register in C.L.H. Form 42 that an annuity roll of the same institution and the same land was not countersigned by him before.

27D · [Section 17A]. - (1) On receipt of the annuity roll duly countersigned by the Collector, the [Prescribed Authority] shall forward through a memo, the Treasury half of the annuity roll to the Treasury Officer concerned and make over the other half to the person entitled thereto. As soon as this is done, the relevant columns of the register in C.L.H. Form 46 shall be filled in.

27E · [Section 17A]. - Annuity rolls may be renewed in the following cases :

27F · [Section 17A]. - No fees shall be charged for the renewal in the easel falling under clause (a) of Rule 27-E, but in the case of renewal under clausal (b) and (c) of the said rule, a fee of rupee one will be charged for each renewal which shall be payable in the form of Court fee label.

27G · [Section 17A]. - (1) An application for the renewal of an annuity roll under Rule 27E shall be made by the Roll-holder to the Treasury Officer, showing the reasons for renewal and containing the particulars of the roll required for renewal, and the period and date up to which payments have been drawn by him. In cases falling under clauses (a) and (b) of Rule 27-E, the original roll shall be attached to the application.

27H · [Section 17A]. - The Treasury Officer shall scrutinize the application and if the same is in order, he shall forward the same (together with the Treasury half of the roll) to the Collector. He shall also intimate the period and date up to which payment has been made by him in respect of the roll.

27I · [Section 17A]. - (1) The Collector shall examine the report of the Treasury Officer and the application. In cases falling under Rule 27-E (a), he shall issue a fresh annuity roll which shall be marked "Renewed" at the top. In other cases, he shall issue a fresh copy of the holder's half only which shall be marked "Duplicate" at the top. He shall return the papers along with the fresh or duplicate annuity roll, as the case may be, to the Treasury Officer who shall in either case make over the holder's half to the holder of the annuity roll and if the case falls under Rule 27-E (a), he shall paste the Treasury half in the guard file. The Treasury Officer shall also make a note of the issue of fresh or duplicate annuity roll in the remarks column against the original entry in C.L.H. Form 43.

27J · [Section 17A]. - (1) Whenever a change in the name of the mutawalli, manager or trustee is necessary either due to his death, resignation, or dismissal, or otherwise, the successor shall present an application before the Collector for alteration in the name. He shall attach the holder's half of the roll if available. If that half is not available he shall give reason for it. He shall also simultaneously report the circumstances in which it is necessary to alter the name to the Treasury Officer who will stop further payment till the Collector's orders on the point are received.

27K · [Section 17A]. - (1) The Collector shall examine the application and other records relating thereof. He shall also call for such evidence as he may consider necessary for the disposal of the case.

27L · [Section 17A]. - Procedure at the Treasuries. - On receipt of annuity roll from [Prescribed Authority] or Collector in the case of renewed or duplicate annuity roll the Treasury Officer shall enter it in the register of annuity rolls in C.L.H. Form 43 and shall paste the Treasury half in a separate guard file in which an index shall be provided at the beginning.

27M · [Section 17A]. - When the holder of the annuity roll appears to receive the payment of the annuity, he shall produce before the Treasury Officer his copy of the annuity roll and a bill in C.L.H. Form 44. The former shall be returned to the holder after the Treasury Officer has satisfied himself as to the genuineness of the claim.

27N · [Section 17A]. - (1) The Treasury Officer shall identify the holder from the mark of identification given in the Treasury half of the annuity roll and by comparison of his specimen signature or thumb-impression with that pasted on the annuity roll.

27O · [Section 17A]. - If a bill in C.L.H. Form 44 is not presented persona by the mutawalli, manager or trustee, nominated in the annuity roll, the payment can be made to his legally authorised agent on production of a life certificate signed by a person authorised under Article 945 or 946 of Civil Service Regulation whose signatures are known to the Treasury, or some other responsible Government servant or well-known and trustworthy person whose signatures are known to the Treasury.

27P · [Section 17A]. - Payment of annuity shall be made from the Headquarters treasury of the district in which the claim for annuity under Section 17-A is made and from no other treasury or sub-treasury.

27Q · [Section 17A]. - The Treasury Officer shall enter the payments of annuity in separate schedule in C.L.H. Form 45.

27S · [Section 17A]. - (1) As soon as the Collector has countersigned the roll, the [Prescribed Authority] shall intimate the names of the institutions in respect of which payment of annuity has been sanctioned to the Collector in whose district the institutions are situated. The letter shall communicate the particulars of such institutions to the Tahsildars concerned in whose Tahsils they lie. The Tahildars shall give a list of each to the Naib Tahsildar, Kanungo and Lekhpal concerned showing the particulars of the institutions situated in their respective jurisdictions.

27T · [Section 17A]. - (1) Annuity not drawn regularly may be disbursed by the Treasury Officer on his own authority if the period which has elapsed from the date on which the instalment of annuity fell due, does not exceed one year from such date.

29A · [* * *]

34 · In case Government opts to redeem any class or classes of bonds before they are paid up or in the case of complete redemption of bonds the procedure laid down under Rule 67 or 68 of the U.P. Zamindari Abolition and Land Reforms Rule 1952, as the case may be, shall be followed.

35 · to 40. [x x x].

42 · [x x x]

44 · to 46. [x x x].

47 · Payment in cash shall be made through voucher in C.L.H. Form 21. The books containing vouchers and counterfoils shall be kept in the personal custody of the [Prescribed Authority] who shall, before commencing use of a book of vouchers, send intimation to the Treasury/Sub-Treasury Officer, as the case may be, in C.L.H. Form 27.

49 · The [Prescribed Authority] shall also maintain a register in C.L.H. Form 28 of entry of vouchers issued in C.L.H. Form 21.

50 · The Treasury Officer shall maintain an account of the voucher books in C.L.H. Form 29.

51 · In case of payment through a duly authorised agent, the Treasury/Sub-Treasury Officer shall maintain a register in C.L.H. Form 30 and enter the necessary particulars before making payments.

53 · A voucher not cashed for more than three months shall cease to be cashable unless it is countersigned and revalidated for payment by the [Prescribed Authority]. The holder on failure to obtain payment within three months from the date of issue shall submit the voucher with application for revalidation of the same In case of loss, destruction or mutilation of the original voucher the holder may apply for the issue of a fresh one. In such a case fresh voucher shall not be issued until after the expiry of six months from the date of the issue of original voucher and after a non-payment certificate has been obtained from the Treasury/Sub-Treasury Officer.

54 · and 55. [x x x].

56 · [* * *] [57. Where the State Government is satisfied that any surplus land vested in it under Section 14 is required for an urgent public purpose, it may permit its utilization for such purpose.] 58. [* * *] [59. [Section 28]. - (1) In making settlement of surplus land with the Gaon Sabha under sub-section (1) of Section 27, the Collector shall as far as it may be possible, settle uncultivated land with it. Where, however, the required area of uncultivated surplus land is not available for settlement with a Gaon Sabha in a particular village only so much of cultivated land shall be settled with it for community purposes of the village which will, along with the uncultivated surplus land and the land already available with it for community purposes, make up a total of 15 acres.] [(2) The settlement of surplus land, other than grove-land, under Section 26-A or 27(3) shall be made by means of a Patta in C.L.H. Form 36 and Qabuliat in C.L.H. Form 36-A.] [(3) The following terms and conditions shall be deemed to be included in the case of every settlement referred to in sub-rule (2), namely -

60 · [Section 30]. - The period within which a tenure-holder must submit the statement to the Prescribed Authority in accordance with the provisions of Section 30 shall be ninety days, beginning from the date the land of the tenure-holder has become liable to be

1 · Signature of the tenure-holder............... ................................ 2. Signature of wife of tenure-holder in token of her consent as required by Section 9(3) in cases where the land held by the wife has been aggregated under Section 5 of the Act.

1 · Signature of the Prescribed Authority.

2 · Tahsil/Sub-Division.

3 · District.

4 · Date.

2 · The period of the lease shall be years beginning from the 1st day of July.........

2 · I herewith furnish accounts for the preceding five years showing the total income accruing to the waqf/trust/endowment/institution from the surplus land and income from the portion of surplus land utilized for religious or charitable purposes.

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9 · 10 11 12 13 14 15 16 17 18 19

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10 · 11 12

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