(1) Notwithstanding anything in this Act or in any other enactment for the time being in force, when the State Government is satisfied that owing to some extraordinary cause there has been a sudden and substantial rise in the price of agricultural produce or that an emergency has arisen within any specified area or areas, it may, with the previous approval of both Houses of Legislature, by notification in the official Gazette, appoint to such area or areas, an officer having powers not less than those of an Assistant Collector of the first class and invest him with all or any of the following powers :-
(a) The powers of a Rent-rate Officer under this Act;
(b) Power to fix, commute, abate or enhance rents in accordance with the sanctioned rent-rates;
(c) Power, in an emergency, to abate rents summarily, otherwise than in accordance with such rent-rates.
(2) An officer invested with powers under this section may be invested with them generally or with reference to specified cases or classes or cases and shall have all the powers of a Record Officer under Chapter IV of the United Provinces Land Revenue Act, 1901.
(3) Nothing in this section shall apply to the rents payable by permanent tenure-holders or fixed-rate tenants. [ U.P. IIl of 1901 ]
(4) Every order settling or commuting rent under this section shall take effect from such date, not preceding the beginning of the agricultural year next following the year in which the order was passed as the officer passing it may direct.
(5) The State Government shall invest the officer appointed under this section with the powers of Settlement Officer under Chapter V of the United Provinces Land Revenue Act, 1901, for the purpose of revising the revenue assessed on any mahal in which rents have been settled or commuted under this section. [ U.P. IIl of 1901 ]
(6) If as a result of the proceedings of the officer appointed under this section, the as sets of amahal, calculated in accordance with the provisions of the United Provinces Land Revenue Act, 1901, are increased or decrease, such officer shall increase or decrease, as the case may be, the land revenue of such mahalin the proportion which such increased or decreased assets bear to the assets before such increase or decrease was made. U.P. Ill of 1901
(7) An appeal against an order of the officer appointed under this section fixing, abating, enhancing or commuting rent shall lie to the Commissioner.
(8) Except as provided in sub-section (7), no order under this section shall be questioned in any civil or revenue Court.
1 [ 126A. Utilization of land in an emergency. -
(1) Notwithstanding anything contained in this Act or any other enactment for the time being in force, when the State Government is satisfied that an emergency has arisen in any area in Uttar Pradesh for bringing under cultivation land which is not grove-land and which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than one year, it may, by notification on the official Gazette, declare the date from which and the period for which the provisions of this section shall be in operation in such area.
(2) When a declaration under sub-section (1) has been made in respect of any area, the Collector may, by means of a written notice, call upon the landholder of any such land situated within such area, to let out for cultivation, within six months from the date of the service of such notice, such land in the manner and order of preference prescribed in the rules made by the Board in this behalf. Copies of the notice shall be fixed to the village chaupal orother public places in the village. If the landholder satisfies the Collector that he has so let out the land, the provisions of sub-section (3) of Section 4 shall apply to a contract entered into between him and the tenant in respect of such land. In such proceedings, the Collector shall consider the claims, if any, put forward by a person claiming preference to satisfy himself whether the landholder has actually let out the land in accordance with the rules. If the landholder shows to the satisfaction of the Collector within one month from the date of the notice that the land is not capable of being utilized for agricultural purposes or that it is already being properly utilized, the Collector shall cancel the notice :
Provided that where such land is in the possession of thekedar, the Collector shall issue notice to both the thekedar and the landlord :
Provided also that the Collector may suspend the notice, if he is satisfied that the landholder is making arrangements for the proper utilization of the land within the agricultural year next following the date of the notice, and if the whole or any part of the land is so utilized within the time, the notice remains suspended, the Collector shall cancel the notice in respect of the whole or part of the land so utilized :
Provided further that no notice shall be issued under this sub-section in respect of any land which was being used on or after the first day of January, 1940, as pasture land, threshing floor, irrigating tank or for some other purpose for the benefit of the public or a section of the public.
(3) If the notice is neither complied with, nor cancelled-under sub-section (2), the Collector shall, in accordance with the rules mentioned in subsection (2), let out such land to a tenant on a rent to be determined in accordance with the provisions of this Act, and the tenant to whom such land is let out shall be liable to pay such rent direct to the landholder and shall, subject to the provisions of Section 30 become a hereditary tenant of such land.]
(a) The powers of a Rent-rate Officer under this Act;
(b) Power to fix, commute, abate or enhance rents in accordance with the sanctioned rent-rates;
(c) Power, in an emergency, to abate rents summarily, otherwise than in accordance with such rent-rates.
(2) An officer invested with powers under this section may be invested with them generally or with reference to specified cases or classes or cases and shall have all the powers of a Record Officer under Chapter IV of the United Provinces Land Revenue Act, 1901.
(3) Nothing in this section shall apply to the rents payable by permanent tenure-holders or fixed-rate tenants. [ U.P. IIl of 1901 ]
(4) Every order settling or commuting rent under this section shall take effect from such date, not preceding the beginning of the agricultural year next following the year in which the order was passed as the officer passing it may direct.
(5) The State Government shall invest the officer appointed under this section with the powers of Settlement Officer under Chapter V of the United Provinces Land Revenue Act, 1901, for the purpose of revising the revenue assessed on any mahal in which rents have been settled or commuted under this section. [ U.P. IIl of 1901 ]
(6) If as a result of the proceedings of the officer appointed under this section, the as sets of amahal, calculated in accordance with the provisions of the United Provinces Land Revenue Act, 1901, are increased or decrease, such officer shall increase or decrease, as the case may be, the land revenue of such mahalin the proportion which such increased or decreased assets bear to the assets before such increase or decrease was made. U.P. Ill of 1901
(7) An appeal against an order of the officer appointed under this section fixing, abating, enhancing or commuting rent shall lie to the Commissioner.
(8) Except as provided in sub-section (7), no order under this section shall be questioned in any civil or revenue Court.
1 [ 126A. Utilization of land in an emergency. -
(1) Notwithstanding anything contained in this Act or any other enactment for the time being in force, when the State Government is satisfied that an emergency has arisen in any area in Uttar Pradesh for bringing under cultivation land which is not grove-land and which has not been previously cultivated or, if previously cultivated, has remained uncultivated for more than one year, it may, by notification on the official Gazette, declare the date from which and the period for which the provisions of this section shall be in operation in such area.
(2) When a declaration under sub-section (1) has been made in respect of any area, the Collector may, by means of a written notice, call upon the landholder of any such land situated within such area, to let out for cultivation, within six months from the date of the service of such notice, such land in the manner and order of preference prescribed in the rules made by the Board in this behalf. Copies of the notice shall be fixed to the village chaupal orother public places in the village. If the landholder satisfies the Collector that he has so let out the land, the provisions of sub-section (3) of Section 4 shall apply to a contract entered into between him and the tenant in respect of such land. In such proceedings, the Collector shall consider the claims, if any, put forward by a person claiming preference to satisfy himself whether the landholder has actually let out the land in accordance with the rules. If the landholder shows to the satisfaction of the Collector within one month from the date of the notice that the land is not capable of being utilized for agricultural purposes or that it is already being properly utilized, the Collector shall cancel the notice :
Provided that where such land is in the possession of thekedar, the Collector shall issue notice to both the thekedar and the landlord :
Provided also that the Collector may suspend the notice, if he is satisfied that the landholder is making arrangements for the proper utilization of the land within the agricultural year next following the date of the notice, and if the whole or any part of the land is so utilized within the time, the notice remains suspended, the Collector shall cancel the notice in respect of the whole or part of the land so utilized :
Provided further that no notice shall be issued under this sub-section in respect of any land which was being used on or after the first day of January, 1940, as pasture land, threshing floor, irrigating tank or for some other purpose for the benefit of the public or a section of the public.
(3) If the notice is neither complied with, nor cancelled-under sub-section (2), the Collector shall, in accordance with the rules mentioned in subsection (2), let out such land to a tenant on a rent to be determined in accordance with the provisions of this Act, and the tenant to whom such land is let out shall be liable to pay such rent direct to the landholder and shall, subject to the provisions of Section 30 become a hereditary tenant of such land.]
1 Added by U.P. Act 10 of 1947. w.e.f. 14.06.1947.