Local Acts

IMPORTANT QUESTIONS FOR HJS AND PCS(j) MAINS EXAM

Notes for ZALR, Urban Planning and Development, Rent Control Act, Consolidation Act, Panchayat Raj and Municipalities, RTI, Limitation Act and Arbitration and Conciliation Act are under preparation.

Notes will contain important provisions, concepts, case laws, previous and expected questions of various judicial services examinations.

UP ZALR ACT

1- Which are those category of land on which land management committee cannot admit a person as Bhumidhar? Answer referring to the relevant p;rovisions of UP Zamindari Abolition and Land Reforms Act, 1950? What order of preference is to be followed under the UP Zamindari Abolition and Land Reforms Act while granting agricultural lease to a Bhamidhar with non-transferable rights or to an anami? Whether an agriculture lease can be granted to educational institution?

 2-   What are the measures provided under the UP Zamindari Abolition and Land Reforms Act, 1950 to ensure that the persons who have been allotted an agricultural land are put into possession and what actions can be taken under the Act against those persons who unauthorizedly occupy the land allotted to others? Answer giving reference to relevant provisions of the UP Zamindari Abolition and Land Reforms Act, 1950.

3-    Classify and define the “tenure holders” referring to relevant provisions of U.P. Zamindari Abolition and Land Reforms Act, 1950?

4-    State briefly as to which properties vest in the Gaon Sabha referring to the provisions of UP: Zamindaro Abolition and Land Reforms Act, 1950?

5-   what are the restrictions under the UP Zamindari Abolition and Land Reforms Act, 1950 on transfer by a Bhumidhar. Whether a Bhumidhar can transfer the land to a foreign national?

6-  What are restrictions on transfer of land by a person belonging to Schedule Castes who has become Bhumidhar with transferable right under Section 131-B of the UP Zamindari Abolition and Land Reforms Act, 1950 to a person belonging to a Schedule Castes?

7-  What are the restrictions on a bhumidhar to transfer his holding? When can a bhumidhar let out the land comprised in his holding? Discuss.

8-  What are the restrictions, if any, on a bhumidhar with transferable rights belonging to Schedule Tribe in bequeathing his holding? Answer referring to relevant provisions of UP. Zammindari Abolition and Land Reforms Act, 1950.

9-   How recovery of an arrear of land revenue is effected under UP. Zamindari Abolition and Land Reforms Act, 1950? When recourse to sale of holding can be taken by Collector and what procedure is to be adopted by collector for sale of holding?

10- Which are the properties vested in Gaon Sabha and the Land Management Committee respectively? Answer referring to relevant provisions of the UP. Zamindari Abolition and Land Reforms Act, 1950.

11- What is distinction between the Bhumidhar with transferable rights and Bhumidhar with non-transferable rights? What are the restrictions contained in Sections 157-A and 157-AA of the UP. Zamindari Abolition and Land Reforms Act?

12- Whether and how a Bhumidhar with transferable rights belonging to a Muslim community can transfer his holding by making gift, and if so under what law and in which manner?

13- If the land referred to in sub-section (2) of Section 122-C of the UP. Zamindari Abolition and Land Reforms Act is allotted to any person and any other person other than the allottee in contravention of the provisions of the Act dispossess him then who is to be approached and what are the measures and powers of the authority so provided?

14- What procedure is laid down under the UP. Zamindari Abolition and Land reforms Act for the ejectment of person occupying land without title? What will be the consequences of failure to eject such person? Whether any category of tenure holders are exempted from consequences? Answer referring to relevant provisions.

UP RENT CONTROL ACT

    A landlord brings a suit for recovery of arrears of rent and eviction against a tenant in the regular court. The suit after contest is decreed. In execution of the decree the tenant judgment debtor raises a plea that the decree is not executable as it was passed by a court having no jurisdiction. He submits that such a suit was maintainable before Judge, Small Cause Court, as per amendment in the State of UP. He further submits that the notice given by the landlord was defective as there was no determination of his tenancy through the notice. The landlord decree holder submits that the above objections were not raised in the suit therefore, they cannot be raised in execution side. The judgment debtor in replication submits that since the matter goes to the very root of the jurisdiction of the court, the decree is un executable. Decide the controversy.

    In a suit for recovery of arrears and eviction, a landlord and tenant matter, eviction of tenant was sought on the ground of default in payment of rent. It was compromised. The compromise deed provides that if the defendant continues to pay the rent to the plaintiff, the plaintiff will have no right to evict the tenant. After expiry of few years, the plaintiff files an application for release of tenanted accommodation on the ground of bona fide need under section 21 (1) of UP. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972. Can the tenant successfully challenge the maintainability of such application in view of the compromise referred to above?

    Act No. 13 of 1972 contains provision for exempting certain kinds of building from operation of the Act. Enumerate different categories of building exempted under the Act. Whether building constructed substantially out of the fund obtained by loan/advance from the state Government is to be differently teated and if yes to what extent?

    In an application made by the landlord for release of a building under Section 21 of the UP. Urban building (Regulation of Letting, Rent and Eviction) Act, 1972 against his tenant, the person to whom the tenant has sublet the building is also impleaded as an opposite party. The need of the landlord is found to be genuine. Is the comparative hardship of the tenant alone or that of the sub-tenant also to be considered? If so, when?

    Discuss the effect of UP Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 vis a vis on the rights of landlord to evict a tenant and the nature of protection given to tenant.

    Whether in case of a building to which UP Urban Building (Regulation of Letting, Rent and Eviction)Act, 1972 (UP Act No. XIII of 1972) applies, it is necessary for the landlord to give notice under Section 106 of Transfer of Property Act for filing a suit for eviction on the grounds specified in Section 20 of UP Act No. XIII of 1972?

    A release application filed by a landlord both under Section 21 (1) (a) and 21 (1) (b) of the UP Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, was allowed. The landlord occupies the building after demolition and reconstruction. The outgoing tenant applies under Section 24 of the Act exercising his option for re-entry. Decide the said application taking note of pleas available to the respective parties.

    A landlord in a suit for eviction, recovery of arrears of rent and damages, pleads that monthly rent is Rs. 5000/-. In reply, the tenant admits the rate of rent at Rs. 500/- per month and makes the deposit under Order XV, Rule 5, C.P.C. According an application to strike off the defence for non-compliance of Order XV, Rule 5, C.P.C. is filed on the ground that the rate of rent is Rs. 5000/- per month and in support thereof the landlord produces the receipt of the counterfoils signed by the tenant and also produces the record from the Bank and Income Tax Department of the tenant to show that he has paid the rent at the rate of Rs. 5000/- per month. Decide the dispute.

UP MUNICIPALITY  ACT

    How an elected president and member a Municipal Board, can be removed? State the grounds of removal. Refer to relevant provisions of the UP. Municipalities Act, 1916.

    What are the functions of the Municipality that must be discharged by the President of the Municipality?

    What are the taxes which can be imposed by a Municipal Board? What procedure is to be followed for imposition of the taxes. Answer giving relevant provisions of the UP. Municipalities Act 1916?

    Which authorities are empowers under the UP. Municipalities Act, 1916 to prohibit execution of resolution passed by Municipal Board and on what grounds? Answer referring to relevant provisions of the Act.

    On what subjects the Municipal Board is empowered to impose tax and what is procedure for imposition of taxes?

    What is the statutory scheme provided in the UP. Municipalities Act, 1916 for determining annual value of any building what is the procedure for preparation and revision of assessment list? Discuss referring to relevant provisions of the UP. Municipalities Act, 1916?

    What are the measures of control given to the State Government over a municipality under the UP. Municipalities Act, 1916? Answer referring to relevant provisions of the Act.

    Which member, officer and servant of the municipality are liable to surcharge for the loss, waste and misapplication of any money or property of the municipality and what are conditions for recovery of surcharge and whether in any circumstances such liability can cease?

UP PANCHAYATI RAJ ACT

What is surcharge under the UP. Panchayat Raj Act, 1947? Who can fix the amount of surcharge? Explain the procedure to be followed for fixing surcharge Answer referring to provisions of the   Panchayat Raj Act, 1947 and the Rules framed thereunder?

What are the grounds of removal of Pradhan of a village? Whether the Pradhan can be restrained from exercising his powers on complaints and if the answer is Yes what procedure is to be followed in above regard. Answer referring to the relevant provisions of the UP. Panchayat Raj Act, 1947 and the Rules framed thereunder?

    Whether the Gram Panchayat can levy and tax? Elaborate referring to the relevant provisions of the UP. Panchayat Raj Act, 1947.

    In what manner an elected pradhan can be removed from his office? Answer referring to relevant provisions of the UP. Panchayat Raj Act, 1947 and the Rules framed thereunder?

    What are the subjects on which a Gram Panchayat can frame byelaws under the UP. Panchayat Raj Act, 1947?

    What are the measures which can be taken by the state Government for exercising external control over a Gram Panchayhat? Answer referring to relevant provisions of the UP Panchayat Raj Act, 1947.

    What is the mode and manner provided in UP. Panchayat Raj Act. 1947 for making arrangement for exercise of p;owers and duties when the office of pradhan is vacant? Answer referring to statutory scheme of the UP. Panchayat Raj Act, 1947.

U.P. CONSOLIDATION ACT

   What is the consequence of issuance of notification under Section 4 (2) of the UP. Consolidation of Holdings, Act, 1953?

    What are the conditions which are required to be fulfilled in a Consolidation Scheme?

    Whether on the basis of conciliation a dispute between the parties can be decided under the UP. Consolidation of Holdings Act? If so, give the relevant provisions and procedure provided and the stage available for it. What is difference between the decision by conciliation and decision by compromise?

    What is purpose of abatement of suit or other proceedings pending in any Court after publication of notification under Section 4 (2) of the UP. Consolidation of Holdings Acts? Whether suits, appeals, executions and writ petitions all shall abate or there is exception? Refer to relevant provisions of UP. Consolidation of Holdings Act.

    Consolidation proceedings were over in a village by issue of notification under Section 52 of the UP. Consolidation of Holdings Act, 1953 without making any provision of Chak road. Whether tenure holders can get a Chak road? If yes, in what number they have to apply? To which authority they have to approach and what procedure is to be followed on any such application? Answer referring to relevant provisions.

    A tenure holder after issuance of notification under Section 4 (2) to the UP. Consolidation of Holdings Act, 1953 transfers his land for brick kiln. What are the consequences? Answer referring to relevant provisions of the UP. Consolidation of Holdings Act, 1953.

    Effects of notification under Section 4(2) of the UP. Consolidation of Holdings Act, 1953 are manifold. Discuss enumerating different consequences which unsure on publication of notification.

    Whether after issuance of notification under section 4 (2) of the UP consolidation of Holdings act, 1953, the Land management committee can grant any lease under sections 195 and 197 of the UP. Zamindari Abolition and Land Reforms acts 1950?

    Discuss the Statement of Principles prepared under the UP. Consolidation of Holdings Act, 1953.

    What is the procedure prescribed under the UP. Consolidation of holdings Act, 1953 for disposal of the objections on the Statement of Principles?

URBAN PLANNING AND DEVELOPMENT

 What is the Master Plan and Zonal Development Plan under the included in above plans? Explain the p;rocedure for preparation of above plans. What procedure is to be adopted in case the plans are to be amended?

Under the UP. Urban Planning and Development Act, 1973 the Development Authorities are armed with very extensive powers to measures which can be taken by the Development Authorities? Answer referring to provisions of the Act.

Who competent to make any amendment in Master plan or Zonal Development Plan prepared under the UP. Urban Planning and Development Act, 1973 and to what extent? Answer referring to relevant provisions of the Act.

    What are the powers given to Development Authorities under the UP. Urban Planning and development Act, 1973 with regard to developments made within the development area contravening the provisions of the Act and what an the special powers given to the Development Authorities with regard to encroachment or obstruction on public land?

    What are the penal provisions contained in UP. Urban Planning and Deveopment Act, 1973? What is the manner and procedure for compounding the offences under the UP Urban planning and development Act, 1973? Answer referring to relevant statutory provisions

    Discuss the statutory provisions of Urban Planning and Development Act, 1973 Under which the State Government exercises its control over a Development Authority.