EAST PUNJAB HOLDINGS
(CONSOLIDATION & PREVENTION OF FRAGMENTATION) RULES, 1949
Rule - 1. Title.
These rules may be
called the East Punjab Holdings (Consolidation and Prevention of Fragmentation)
Rules, 1949.
Rule - 2. Definitions.
In these rules-
(a) "Act" means
the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,
1948.
(b) "Section"
means a section of the said Act.
Rule - 3. Mode of publication.
Any matter required
to be published, or of which public notice is to be given, under the Act, shall
be published by exhibiting copies thereof in the estate or estate concerned in
Urdu, Hindi, or Gurmukhi as may be deemed proper, and shall also so far as possible
be announced in such estate or estates by beat of drum.
Rule - 4. [Preparation of scheme of consolidation.
After the
notification and publication by the State Government of its intention to make a
scheme for the Consolidation of Holdings under sub-section (1) of section 14,
the Consolidation Officer shall visit each of the estates concerned after
giving reasonable notice of his visit to the land-owners and non-proprietors
thereof and shall, in consultation with the village Committee constituted by
him for this purpose, put up a scheme for the Consolidation of Holdings. The
total number of members of the said committee shall not be less than three and
it shall include
(i) members of the Gram
Panchayat if any, constituted under the Punjab Gram Panchayat Act, 1952 (No. IV
of 1953), and representatives of land-owners;
(ii) a representative each
of Harijans and other non-proprietors if not already included in the Panchayat;
(iii) a representative each
of the Co-operative Farming Societies, if any].
Rule - 5. Every such scheme of consolidation shall contain the following particulars-
(i) a statement of
classification of land for the purpose of consolidation and the exchange ratio
for conversion of one class into another;
(ii) a statement of
valuation of lands, wells, trees, etc., to be exchanged showing the
compensation to be given or received by the holders concerned;
(iii) a brief statement as
to the action, if any, taken in pursuance of sections 17 and 18 of the Act; and
(iv) such other
particulars as may be considered expedient by the Settlement Officer in this
behalf.
Rule - 6.[Draft scheme of consolidation to be explained to the persons affected thereby.
In addition to
publication under the provisions of rule 4 the draft scheme of Consolidation
shall be read over and explained by the Consolidation Officer to the persons
likely to be affected thereby specially collected for the purpose. If any
person desires to have a copy of the proposed consolidation scheme, it shall be
supplied to him on payment of the following copying fee:
One rupee for the
first 200 words or less and fifty Paise for every additional 100 words or
fraction thereof:
Provided that a copy
of Consolidation scheme may be supplied on request to the Gram Panchayat
concerned free of cost.]
Rule - 7. Repartition.
The Consolidation
Officer shall after obtaining the advice of the landowners of the estate or
estates concerned carry out repartition in accordance with the scheme of
Consolidation of Holdings confirmed under section 20 and shall prepare the
following repartition papers -
(i) a map of the village
showing all the existing field numbers recognised roads, and irrigation
channels and areas assigned for public purposes, such as burial grounds,
disposal of animal carcasses, ponds, or grazing areas, etc., with new field numbers
superimposed upon it in red lines or other markings;
(ii) another similar
village map exhibiting the position emerging as a result of repartition;
(iii) a statement showing
the names of the owners of holdings with particulars of field number, shares,
class of land, tenure, area, assessment and encumbraces, if any, after getting
the record of rights up-to-date;
(iv) a statement showing
the names of owners with particulars of different rights possessed by each
individual;
(v) a statement showing
the compensation payable by or to an owner in order to adjust differences in
the value of land exchanged under section 15 of the Act or due to the existence
of wells, trees, etc., under sub-section (4) of section 17;
(vi) a statement showing
the names of occupants or holders to whom the new consolidated holdings are
allotted with particulars of field number, shares, class of land, tenure, area,
assessment and encumbrances, if any; and
(vii) such other papers as
may be considered expedient by the Settlement Officer (Consolidation) in this
behalf.
Rule - 8. Repartition papers to be explained to the persons affected thereby.
The contents of the
statements mentioned in items (iv) to (vii) of the preceding rule shall be read
over and explained by the Consolidation Officer to the persons likely to be
affected thereby specially collected for the purpose.
Rule - 9. Re-distribution of assessment.
After repartition has
been confirmed an appeal against it, if any, has been finally decided, the
Collector of the district shall take necessary steps for the re-distribution of
the assessment of the estate concerned, in accordance with sub-section (2) of
section 56 of the Punjab Land Revenue Act, 1887.
Rule - 10. Eviction.
The Consolidation
Officer shall serve a notice on the person or persons liable to eviction under
sub-section (2) of section 23 requiring him within fifteen days of the receipt
of the notice to vacate the land. If such notice is not complied with within
the time specified therein, the Consolidation Officer may exercise the powers
of a Revenue Officer under the Punjab Land Revenue Act, 1887, for the purpose
and putting in physical possession of the holding the person entitled thereto.
Rule - 11. Deposit of compensation.
The amount of
compensation payable by an owner under section 15 of the Act shall be deposited
by him in the nearest Government Treasury or Sub-Treasury and a copy of the
receipt obtained by him in token or credit shall be produced by him before the
Consolidation Officer.
Rule - 12. Transfer of encumbrance.
In transferring a lease,
mortgage, debt, or other encumbrance under sub-section (1) of section 26, the
Consolidation Officer, shall -
(i) if the new holding is
of the same market value as the original one, transfer to the former the entire
encumbrance attaching to the latter;
(ii) if the new holding is
of a substantially greater market value than the original one, transfer to the
former holding the encumbrance attaching to the latter, subject, in the case of
a lease, to the condition that the lessee shall pay, to the owner such reasonable
rent in excess of the rent already payable under the lease as may be fixed by
the Consolidation Officer and in the case of any other encumbrance, subject to
such reasonable reduction in the area or in the rate of interest as may be
fixed by the Consolidation Officer, having regard to the substantially better
security provided by the owner of the new holding.
Rule - 13. Putting the encumbrancer in possession.
If the lessee,
mortgagee or other encumbrancer appears to the Consolidation Officer to be
entitled to possession of a holding under section 26, the Consolidation Officer
shall issue a notice to the owner to show cause within fifteen days of the
receipt of the notice why the lessee, mortgagee or other encumbrancer, as the
case may be, should not be put in possession of such holdings. If the owner
fails to show cause or if the Consolidation Officer is satisfied that the cause
shown by the owner is not adequate he shall put the lessee, mortgagee, or other
encumbrancer as the case may be into possession of the holding, and the record
of rights in respect of the holding shall be corrected accordingly.
Rule - 14.[Assessment, Collection, Refund, etc., of cost of consolidation.
{(i) The cost of
consolidation proceedings shall be assessed {village-wise}
at Rs. 5 per acre or portion of an acre of land, other than ghair mumkin land,
if the wattbandi is carried out by the persons, whose holdings are affected and
at Rs. 7-8-0 per acre if the wattbandi is carried out by or on behalf of the
Consolidation Officer, at the option or default of the persons whose holdings
are affected.}
(ii)
The cost of consolidation shall be
payable by the persons, whose holdings are affected by the scheme of
consolidation except that in the case of evacuee land, it shall be payable by
an allottee in respect of land, which has been allotted to him on a quasi
permanent basis and the Custodian in the case of unallotted lands.
[(iii) The cost of
consolidation shall be collected in two half-yearly instalments along with the
land revenue demand for Kharif and Rabi harvests [except
when Government directs otherwise by written order to collect this in more than
two half-yearly instalments in hard and deserving cases.] After a notification
under section 14(1) of the Act has been issued, the Patwari shall prepare in
form C.H.1, a list of assessees from whom the cost of consolidation is to be
recovered. This list will be arranged lambardar-wise.]
(iv)
All entries in the list mentioned in
sub-rule (iii) above shall be checked by the Girdawar Kanungo and read over and
explained to the persons, whose holdings are affected by the scheme of
consolidation. The Assistant Consolidation Officer shall check the entries in
the list and the list duly signed on every page by the Patwari, Girdawar
Kanungo and the Assistant Consolidation Officer in token of its correctness
shall be forwarded to the Consolidation Officer, who after countersigning it,
shall return it to the Patwari after the Wasil Baqi Nawis has noted the
consolidated demand in a register {in
such form as may be prescribed by Government from time to time}. The Patwari
shall copy out the list lambardarwise and deliver the relevant papers to the
lambardars concerned for collection.
(v)
Before the second instalment falls due,
the village Patwari, shall immediately, after the preparation of preliminary
record of the village particularly the Naqsha Haqdarwar draw up the list of 2nd
instalment of cost of consolidation incorporating the changes, if any, in the
first list of the cost of consolidation payable by the persons, whose holdings
are affected by the scheme of consolidation. This list shall also be prepared,
checked and authenticated and disposed of as laid down in sub-rule (iv) above.
(vi)
The excess cost of consolidation
recovered from a person whose holdings are affected by the scheme of
consolidation, shall be refunded under orders of the Settlement Officer to whom
an application may be made for the purpose through the Patwari of the village,
who shall forward it through the proper channel after verification and report.
The refund, however, shall be prepared in the office of the Settlement Officer
and sent to the applicant through the Girdawar Kanungo, who shall obtain a
receipt for it and return it to the Settlement Officer for record.
(vii)
The demand on account of cost of the
consolidation will be due as soon as the list is in the hands of the lambardars
or other persons entrusted with the collection and must be paid into the
treasury not later than 10[the dates mentioned
under columns 2 and 3 of the table given below in respect of the areas
mentioned under column 1 of the said table, namely:
TABLE
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1
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2
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3
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Area
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Kharif date
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Rabi date
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"Ambala and Hissar Division
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30th January
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30th June"]
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After the above dates
process may be issued for recovery of arrears in the same way as for arrears of
land revenue.
[(viii) The allowance
to the lambardars or other persons collecting the cost of consolidation shall
be two per cent of the amount collected. Unless otherwise expressly ordered by
Government a lambardar or other person concerned, while depositing the cost of
consolidation into the treasury, shall be entitled to retain the allowance due
to him and deposit the balance into the treasury. The allowance will be
conditional on the demand being paid in full for each estate by the date fixed
in sub-rule (vii). The Collector of the district may deduct any sum out of the
allowance for delay in payment of the demand into the treasury. In case full
amount recovered is deposited in the treasury by the lambardar or other person,
without retaining the allowance due to him, the Collector of the district may
refund such amount of allowance to the person concerned to which he is
entitled. The Collector may also recover, as arrears of land revenue, the
amount of allowance withheld in excess, if any, by lambardars or other persons
entrusted with the collection of cost of consolidation while depositing it into
the treasury, without fulfilling conditions set out above.]
(ix)
A monthly return [in
such forms as may be prescribed by Government from time to time] shall be
forwarded by the Collector to the Commissioner of the Division with a copy of
it to the Director, Consolidation of Holdings, by the seventh of the month
following that to which it relates. In this return shall be entered the demand
for the harvest, arrears (if any) and payment received during the month.]
Rule - 15. Appointment of guardians to minors.
Where any of the
landowners is a minor, the Consolidation Officer may after making such
enquiries, as may be necessary and by an order in writing, appoint a suitable
person whose interest is not adverse to that of the minor as guardian ad litem.
Similar action may be
taken in the case of widows, absentees, soldiers or others, if considered
necessary.
Rule - 16.
[(i)] The area to be
reserved for the common purpose of extension of abadi for proprietors and non-proprietors
under section 18(c) of the Act shall be reserved after scrutinizing the demand
of proprietors desirous of building houses and of non-proprietors including
Harijans families working as agrarian labourers who are in need of a site for
house. The land reserved for extension of abadi shall be divided into plots of
suitable sizes. For the plots allotted to proprietors area of equal value shall
be deducted from their holdings but in case of non-proprietors including
Harijans families these shall be allotted without payment of compensation and
they shall be deemed to be full owners of plots allotted to them.
[(ii) In an estate or
estates where during consolidation proceedings there is no shamlat deh land or
such land is considered inadequate, land shall be reserved for the village
Panchayat and for other common purposes, under section 18(c) of the Act, out of
the common pool of the village at a scale prescribed by the Government from
time to time Proprietary rights in respect of land so reserved (except the area
reserved for the extension of abadi of proprietors and non-proprietors) shall
vest in the proprietary body of the estate or estates concerned and it shall be
entered in the column of ownership of record of rights as (Jumla Malkan Wa
Digar Haqdaran Arazi Hasab Rasad Raqba). The management of such land shall be
done by the Panchayat of the estate or estates concerned on behalf of the
village proprietary body and the Panchayat shall have the right to utilize the
income derived from the land so reserved for the common needs and the benefits
of the estate of estates concerned.]
Rule - 17.[Form of application and documents which shall accompany it.
Every application
under section 42 shall be signed and verified by the applicant, shall contain
the following particulars and shall be accompanied by a certified copy each of
the orders, if any, passed under sub-sections (2), (3) and (4) of section 21, a
rough plan of the path or paths, if any, in dispute and a certified copy of the
grounds of the last appeal, if any, filed under sub- section (3) or
sub-section (4) of section 21:
(a) name of the authority
to whom application is made.
(b) name and description
of place of residence, tehsil and district of the applicant;
(c) names, description
and addresses of the persons, who are likely to be affected, if the application
is accepted;
(d) names of the village,
tehsil and district in which the land which is subject-matter of the
application is situated;
(e) the date of
publication of the repartition shajra under sub- section (1) of Section 21 of
the Act, if it is known to the applicant;
(f) whether any objection
was lodged with the Consolidation Officer;
(g) whether any appeal
was preferred under sub-section (3) and under sub-section (4) of section 21
and, if so, with what result;
(h) whether any
application was previously filed under section 42 of the Act and, if so, with
what result;
(i) a statement of facts
in concise form on which the party applying relies, and;
(j) relief prayed for.]
Rule - 18.[Limitation for application under section 42.
An application under
section 42 shall be made within six months of the date of the order against
which it is filed :
Provided that in
computing the period of limitation the time spent in obtaining certified copies
of the orders and the grounds of appeal if any, filed under sub-section (3) or
sub-section (4) of section 21 required to accompany the application shall be
excluded :
Provided further that
an application may be admitted after the period of limitation prescribed
therefor if the applicant satisfies the authority competent to take action
under section 42 that he had sufficient cause for not making the application
within such period].
Rule - 19.[Fees on application.
The following fees
shall be payable in court fee stamps in respect of applications under section
42 :
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(i) on the application.
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........ Rs. {10}
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(ii) on the copy of the order against
which application is made.
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........ Re. 1
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(iii) on a certified copy of the
grounds of last appeal, if any, filed under sub-section (3) or sub-section
(4) of section 21.
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........ Re. 1
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(iv) Process fee
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Rs. 2 up to four respondents and 50
naye Paise for each additional respondent subject to a maximum of Rs. 5]:
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[Provided that the
process fee shall not be payable unless the application is admitted and the
respondents are ordered to be summoned]