Notwithstanding anything in Section 29, hereditary rights shall not accrue in, -
(1) grove-land, pasture land, or land covered by water and used for the purpose of growing singhara or other produce;
(2) land used for casual or occasional cultivation in the bed of a river;
(3) land acquired or held for a public purpose or a work of public utility; and in particular, and without prejudice to the generality of this clause -
(a) lands at present, or which may, hereafter, be set apart for military encamping grounds;
(b) lands situated within the limits of any cantonment;
(c) lands included within railway or canal boundaries;
(d) lands acquired by a town improvement trust, in accordance with a scheme sanctioned under Section 42 of the United Provinces Town Improvement Act, 1919; or by a municipality for a purpose mentioned in clause (a) or clause (c) of Section 8 of the United Provinces Municipalities Act, 1916;
(e) lands within the boundaries of any Government forests;
(f) municipal trenching grounds;
(g) land held or acquired by educational institutions for purposes of instruction in agriculture;
(4) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the official Gazette;
(5) such areas included in tea estates as the State Government with the previous approval of both Houses of the Legislature, may notify as areas in which, in the interest of the tea industry, hereditary rights should not accrue :
1 [Provided that, notwithstanding the inclusion of any plot in any notification issued under this clause before the first day of September, 1946, such plot if held by a tenant the aggregate area of whose holding exceeds one-half of an acre, shall be deemed never to have been included in any such notification.
Provided further that if any tenant has been ejected since January 1, 1940, from any plot to which the foregoing proviso applies on grounds other than those on which a hereditary tenant is liable to ejectment, such ejected tenant shall be reinstated in such plot, if he applies to a competent Court within six months from the date of the commencement of the United Provinces Tenancy (Amendment) Act, 1947.]
(6) land transferred by a mortgage to which the provisions of the second paragraph of sub-section (5) of Section 15 of the Agra Tenancy Act, 1926, apply during the period specified in that paragraph;
2 [(7) The khudkasht of a landlord, permanent tenure-holder or under-proprietor, the local rate payable by whom does not exceed Rupees 25 per annum, if such khudkasht is let out when such landlord, permanent tenure-holder or under-proprietor is in the military, naval or air service of the Government or within three months before the entry in or three months after the cessation, of such service :
Provided that provisions of this clause shall not apply, -
(a) if, at the time such khudkasht is let out, there are several co-sharers in such khudkasht and not all of them are in the service of the Government as aforesaid, unless the co-sharers who are not in such service, belong to one or more of the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivation by reason of blindness or physical infirmity; and
(b) beyond the thirtieth day of June next following the expiry of two years after the cessation of such service of landlord, permanent tenure-holder or under-proprietor, as the case may be.]
(8) Lands notified by the State Government in accordance with rules to be framed by the State Government for the purpose of tanugya plantation.
Explanation. - For the purposes of this sub-section 'taungya plantation' means the system of afforestation where under the plantation of forest trees according to a scientific system, is done in the initial stages simultaneously with the cultivation of agricultural crop which ceases when the young trees begin to form a canopy and make further cultivation of agricultural crops impossible.
(1) grove-land, pasture land, or land covered by water and used for the purpose of growing singhara or other produce;
(2) land used for casual or occasional cultivation in the bed of a river;
(3) land acquired or held for a public purpose or a work of public utility; and in particular, and without prejudice to the generality of this clause -
(a) lands at present, or which may, hereafter, be set apart for military encamping grounds;
(b) lands situated within the limits of any cantonment;
(c) lands included within railway or canal boundaries;
(d) lands acquired by a town improvement trust, in accordance with a scheme sanctioned under Section 42 of the United Provinces Town Improvement Act, 1919; or by a municipality for a purpose mentioned in clause (a) or clause (c) of Section 8 of the United Provinces Municipalities Act, 1916;
(e) lands within the boundaries of any Government forests;
(f) municipal trenching grounds;
(g) land held or acquired by educational institutions for purposes of instruction in agriculture;
(4) such tracts of shifting or unstable cultivation as the State Government may specify by notification in the official Gazette;
(5) such areas included in tea estates as the State Government with the previous approval of both Houses of the Legislature, may notify as areas in which, in the interest of the tea industry, hereditary rights should not accrue :
1 [Provided that, notwithstanding the inclusion of any plot in any notification issued under this clause before the first day of September, 1946, such plot if held by a tenant the aggregate area of whose holding exceeds one-half of an acre, shall be deemed never to have been included in any such notification.
Provided further that if any tenant has been ejected since January 1, 1940, from any plot to which the foregoing proviso applies on grounds other than those on which a hereditary tenant is liable to ejectment, such ejected tenant shall be reinstated in such plot, if he applies to a competent Court within six months from the date of the commencement of the United Provinces Tenancy (Amendment) Act, 1947.]
(6) land transferred by a mortgage to which the provisions of the second paragraph of sub-section (5) of Section 15 of the Agra Tenancy Act, 1926, apply during the period specified in that paragraph;
2 [(7) The khudkasht of a landlord, permanent tenure-holder or under-proprietor, the local rate payable by whom does not exceed Rupees 25 per annum, if such khudkasht is let out when such landlord, permanent tenure-holder or under-proprietor is in the military, naval or air service of the Government or within three months before the entry in or three months after the cessation, of such service :
Provided that provisions of this clause shall not apply, -
(a) if, at the time such khudkasht is let out, there are several co-sharers in such khudkasht and not all of them are in the service of the Government as aforesaid, unless the co-sharers who are not in such service, belong to one or more of the following classes, namely, females, minors, lunatics, idiots or persons incapable of cultivation by reason of blindness or physical infirmity; and
(b) beyond the thirtieth day of June next following the expiry of two years after the cessation of such service of landlord, permanent tenure-holder or under-proprietor, as the case may be.]
(8) Lands notified by the State Government in accordance with rules to be framed by the State Government for the purpose of tanugya plantation.
Explanation. - For the purposes of this sub-section 'taungya plantation' means the system of afforestation where under the plantation of forest trees according to a scientific system, is done in the initial stages simultaneously with the cultivation of agricultural crop which ceases when the young trees begin to form a canopy and make further cultivation of agricultural crops impossible.
1 Add by U.P. Act 10 of 1947. w.e.f. 14.06.1947 2 Add by U.P. Act 10 of 1947. w.e.f. 14.06.1947