Amendment status not verified — confirm the current text below against the official source.
Added by section 3 of U. P. Act no 22 of 2000. [The United Provinces Panchayat Raj Act, 1947] [Section 12BCB] (2) The requisition shall be affected by an order in writing addressed to the person deemed by the District Magistrate to be the owner or person in possession of the property and such order shall be served in the prescribed manner on the person to whom it is addressed. 92 (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) In this section – (a) ‘premises’ means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) ‘vehicle’ means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise. Payment of compensation 12-BCB (1) Whenever in pursuance of section 12-BCA the District Magistrate requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following; namely— (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality; (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change : Provided that where any person interested being aggrieved by the amount of compensation so determined makes and application within the prescribed time to the District Magistrate for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the District Magistrate may determine: Provided further that where there is any dispute as to the title to received the compensation or as to the apportionment of the amount of compensation, it shall be referred by the District Magistrate to an arbitrator appointed in this behalf by him for determination and shall be determined in accordance with the decision of such arbitrator. Explanation— In this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 12-BCA immediately before the requisition, or where no person was in such actual possession, the owner of such premises. (2) Whenever in pursuance of section 12-BCA, the District Magistrate requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the District Magistrate on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal : Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the District Magistrate for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrate or appointed in this behalf by the District Magistrate may determine : [The United Provinces Panchayat Raj Act, 1947] [Section 12BCC-BCF] Provided further that where immediately before the requisitioning, the vehicles or vessel was by virtue of the hire-purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner as an arbitrator 93 appointed by the District Magistrate in this behalf may decide. Power to obtain information 12-BCC The District Magistrate may with a view to requisitioning any property under section 12-BCA or determining the compensation payable under section 12-BCB by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified. Powers of entry into and inspection of premises etc. 12-BCD (1) Any person authorized in this behalf by the District Magistrate may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under section 12-BCA should be made in relation to such premises vehicle, vessel or animal or with a view to securing compliance with any order made under that section. (2) In this section the expressions “premises” and “vehicle” have the same meaning as in section 12-BCA. Eviction from requisitioned premises 12-BCE (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 12-BCA may be summarily evicted from the premises by any officer empowered by the District Magistrate in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lick or bolt or break open any door of any building or do any other act necessary for effecting such eviction. Release of premises from requisition 12-BCF (1) When any premises requisitioned under section 12-BCA are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person to the person deemed by the District Magistrate from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered. (2) Where the person to whom possession of any premises requisitioned under section 12-BCA is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the District Magistrate shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette. [The United Provinces Panchayat Raj Act, 1947] [Section 12BD-12C] (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the District Magistrate shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.]7 94 [Breaches of official duty in connection with elections 12-BD (1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend five hundred rupees. (2) An offence punishable under sub-section (1) shall be cognizable. (3) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as afore said. (4) The persons to whom this section applies are the Nirvachan Adhikaris, Sahayak Nirvachan Adhikaris, Matdan Adhyakshas, Matdan Adhikaris and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election, and the expression official duty shall for the purpose of this section be constructed accordingly, but shall not include duties imposed otherwise than by or under this Act.]4 1[Application for questioning the elections 12-C (1) The election of a person, Pradhan [***]6 or as members of a [Gram Panchayat]5 including the election of [a person appointed]3 as a Panch of a [Nyaya Panchayat]2 under section 43 shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground that- (a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or (b) that the result of the election has been materially affected- (i) by the improper acceptance or rejection of any nomination; or (ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder. (2) The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act :