History of Passing of Uttar Pradesh Zamindari Abolition And Land Reforms Act, 1950
The Uttar Pradesh Zamindari Abolition And Land Reforms Act 1950 ( in short UPZA) is an act to provide for the abolition of Zamindari system, to reform the land law and to deal other matters connected with such abolition.
On 8th August 1946 Uttar Pradesh Legislative Assembly accepted the principle of abolition of Zamindari system and passed the resolution to abolish zamindari and to give effect the resolution, appointed The Zamindari Abolition Committee. The chairman of the committee was Pt. Govind Ballabh Pant and vice-chairman was Hukum Singh.Sri A. N Jha and Amir Raza were appointed as secretary of committee and thirteen other persons as members. The committee after several meetings submitted its report in August 1948.
On the basis of recommendation of committee a bill was drafted . The bill was introduced in Assembly on July 7 , 1949. Finally bill was passed on 10th January,1951 and 16th January 1951 by the Legislative Assembly and the Legislative Council respectively. When bill was presented to governor for his assent it was reserved for the consideration of the President.The President assented on 24th January 1951, and bill was published in Gazette of Uttar Pradesh on 26 January 1951. Thus the date of enforcement of the Act is 26th January 1951.
A brief introduction of the UPZA.
The UPZA has been divided into two parts, seven schedules, twelve chapters which contains 344 Sections. Both the parts have six chapters.
Chapter details.
Chapter one has four Sections (1 to 3 and 2A ) which deals with preliminary. Section 2.A deals with the extension of the Act to new areas. It was inserted by the amendment in year 1961. Section 1 deals with the short title, extent and commencement of the Act.The short title of the Act is UPZA&LR Act 1950 . It came into force on 26th January 1951. It extends to whole of Uttar Pradesh except the areas notified in July 1949 as municipality cantonment , town area. Section 3 of the Act defines certain words used in the Act, such as estate , intermediary, land, mine etc.
Chapter II contains sections 4 to 26, it deal with the acquisition of the interest of intermediaries and its consequences. Section 4 deals with the vesting of estate in the state, and section 5 deals with consequences of vesting. It provides the effect of contract entered into after 8 August 1946 , It has been declared to be void from the date of vesting. Private wells ,trees in Abadi and building settled with their existing owners.
Chapter II.A of the Act contains sections 26 A to 26 B , deals with evacuee property. This chapter was inserted in year 1954 for the purposes of evacuee property. Custodian, evacuee and evacuee property have the same meaning as in the Administration of Evacuee Property Act, 1950.
Chapter III contains sections 27 to 64 which deals with the assessment of compensation, who are entitled to compensation, interim compensation, procedure of assessment, correction in assessment, procedure for appeal against compensation etc.
Chapter IV deals with payment of compensation.This chapter contains Sections 65 to 72.
Chapter V deals with rehabilitation grant .It has been mentioned under Sections 73 to 105. Sections 79.A and 101.A have been inserted by the amendment in 1958. Sections 100 A and 100 B have been inserted by amendment in 1969.
Chapter VI [Sections 106-112] provides the provisions relating to mines and minerals. Section 106 declares that the working of mines to be governed by this chapter.
Chapter VII [ Ss.113 to 128] deals with Gaon Sabha and Land Manganent Committee. Before the amendmat of UP Panchayti Raj Act 1994, there were two democratic institution in a village namely - Gaon Sabha and Gaon Panchayat. UPZA established two more institutions namely Gaon Samaj and Land Management Committee. The executive body of Gaon Samaj was called land management Commitee. Now Gaon Samaj is known as Gaon Sabha. The State Government by passing of UP Kshetra Samiti and Zila Parishad Act, 1961, abolished the Gaon Samaj and constitution of Land Management Committee was provided in UP Panchayati Raj and therefore Sections 113 to 116 of UPZA have been repealed.
Chapter VIII (Ss. 129 to 230) deals with the tenure system. This chapter has 10 sub-categories. It deals with the following matters.
- Classes of tenures,129 to 133-A
- Acquisition of bhumidhari rights,134 to151
- Transfers 152 to 168
- Prevention of fragmentation, 168 A
- Devolution 167 to 175
- Division,176-182 B
- Surrender, Abandonment, extinction and acquisition 183 to 198 A.
- Ejectment, 199 to 212 C
- Rent, 213 to 226
- Miscellaneous, 227 to 230.
Chapter IX is related Adhiwasi, divided into sections 231 to 240 with 3 new sections 232A,233A and 234A. Sections 235 to 239 has been repealed now by the amendment Act No 37 of 1958. This chapter provides provisions relating to rights of Adhiwasi, rent payable by Aahiwasi, ejectment of Adhiwasi etc.
Chapter IXA was inserted in 1954. When the rights of Sirdari was conferred on adhiwasi. It contains sections 240A to 240M.
Chapter X deals with land revenue. It contains sections 241 to 295. This chapter provides the law relating to land revenue, for example who is liable to pay land revenue,who is exempted from land revenue, land revenue to be first charge,arrears of land revenue, collection of land revenue, process for recovery of land and settlement of revenue etc.
Chapter XI which had provisions relating to co-operative farm. It has now been repealed by the amendment Act of 12 of 1966 of UP. It was divided into sections 295 to 318.
Chapter XII , sections 319 to 344 contains miscellaneous provisions.
