THE U.P. ENCUMBERED ESTATES (AMENDMENT) ACT, 1954
U.P. ACT NO. 13 OF 1954
(As passed fay the U.P. Legislature)
An Act to amend the U.P. Encumbered Estates Act, 1934, for certain purposes.
Whereas it is expedient to amend the U.P. encumbered Estates Act, 1934, for the purposes hereinafter appearing :
It is hereby enacted as follows :
1. Short title and commencement. - (1) This Act may be called the U.P. Encumbered Estates (Amendment) Act, 1954.
Note. - Section 2 to 21 are incorporated in the principal Act at the proper places.
22. Savings. - Where any provision of the principal Act is repealed, altered or amended by this Act, then, unless a different intention appears, the repeal, alteration or amendment shall not-
(a) revive anything not in force or existing at the time at which the repeal, alteration or amendment takes effect,
(b) affect the previous operation of any provision so repealed, altered or amended or anything duly done or suffered thereunder,
(c) affect any right, title, privilege, obligation or liability acquired, accrued or incurred under any provision so repealed, altered or amended, or
(d) affect any remedy or any investigation or legal proceedings commenced before this Act shall have come into operation in respect of any such right, title, privilege obligation, or liability as aforesaid ;
and any such remedy may be enforced and any such investigation or legal proceedings may be continued and concluded in accordance with the provisions of the principal Act as amended by this Act.
23. Settlement of doubts. - For the settlement of doubts, it is hereby declared that the repeal or amendment of any provision of the principal Act by this Act shall not effect :
(a) subject to the provisions of section 6 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, the continued operation of any mortgage granted under section 25, herein deleted, of the principal Act where possession over the mortgaged property was delivered to the mortgagee ;
(b) the liability of the debtor for the payment of any instalment ordered to be paid by him in accordance with sections 27 or 28, herein deleted of the principal Act, or the right of the State Government to recover such instalments or any part thereof as arrears of land revenue under section 29 of the said Act ;
(c) The operation of any order for the issue of bonds already made under sections 30 or 31, herein deleted of the principal Act or the continued validity of the bonds already issued thereunder;
(d) the transfer or sale of proprietary rights in land made under sections 31, 33 and 34, herein deleted, of the principal Act ;
(e) the operation of any order for the transfer or sale of proprietary rights in land made under sections 31, 33 and 34 where possession over the propriety rights was also delivered to the transferee or as the case may be to the purchaser in pursuance thereof ;
(f) the charge created under section 40 of the principal Act, notwithstanding anything in the Oudh Settled Estates Act, 1917, or the U.P. Estates Act, 1920, on the death of the debtor, after the date of the application under section 4 of the principal Act.
24. Amendment of Schedule of U.P. Act VII of 1950. - Para II (pertaining to the U.P. Encumbered Estates Act, 1934) of Schedule to the U.P. Agricultural Tenants Acquisition of Privileges (Amendment) and Miscellaneous Provisions Act, 1950, shall be deleted and the orders issued under section 10 of the said Act for the stay of proceedings under Chapter V of the U.P. Encumbered Estates Act, 1934, shall stand repealed.
25. Powers of court and other authority for adaptation. - For the purposes of facilitating the application of the principal Act as amended by this Act to any pending proceeding or investigation or enforcement of any right, privilege, obligation or liability acquired, accrued or incurred under the principal Act prior to its amendment by this Act, any Court or other authority may construe the provisions of the principal Act as amended by this Act with such alteration or modification, no effecting the substances, as may be necessary or proper to adapt it to the matter before the Court or the authority as the case may be.
26. Powers to remove difficulties. - The State Government may, for the purposes of removing any difficulty particularly in relation to the transition from the provisions of the principal Act to the provisions of that Act as amended by this Act, by order-
(a) direct that the principal Act amended as foresaid shall, during the period of two years next after the commencement of this Act, have effect subject to such adaptation whether by way of modification, addition or omission as it may deem to be necessary and expedient; and
(b) make such other temporary provisions for the purposes of removing any such difficulty as aforesaid as may be so specified. |
