[10th January, 1963] In
exercise of the powers conferred by section 62 of the Jammu and Kashmir
Consolidation of Holdings Act, 1962 (V of 1962),*the Government hereby make the
following rules, the same having previously been published as required by
sub-section (3) of section 62 of the said Act, namely: These
rules may be called the Jammu and Kashmir Consolidation of Holdings Rules,
1962. They
shall come into force at once. In
these rules, unless the context otherwise requires- (1) "Act" means
the Jammu and Kashmir Consolidation of Holdings Act, 1962; (2) "Form"
means a Form appended to these rules; (3) "section" means
a section of the Act; (4) "standard plots
of a unit" means the plots determined as such under the provisions of rule
17(b); (5) "exchange
ratio" means the proportionate value per kanal or acre of a plot relative
to the value of a kanal or an acre of standard plots of the unit taking the
value of a kanal or an acre of such standard plots to be one hundred paise. Explanation. The
exchange ratio of all plots shall be expressed in whole paisa. (1) Separate
Consolidation Committees, with an elected strength of not less than 5 or more
than 7 members, shall be constituted for each unit. The actual strength of the
Committee for each unit and the members to be nominated shall be fixed by the
Settlement Officer (Consolidation) after taking into consideration the population
of the tenure-holder of the unit. (2) The names of the
members elected or nominated, as the case may be, shall be published in the
unit as and when they are elected or nominated. (3) The members of the
Consolidation Committee shall preferably be literate and must be not below 21
years of age. (4) The Consolidation
Committee of a unit shall elect a Chairman from amongst its members. (5) The election to the
Consolidation Committee shall be conducted by the Consolidation Naib-Tehsildar
after prior notice to the tenure-holders of the unit by beat of drum of the
date and place. Any
person aggrieved by the conduct of the election by the Consolidation
Naib-Tehsildar may, within fifteen days of the date of election, file an
objection before the Settlement officer (Consolidation) whose decision thereon
shall be final. (6) The Consolidation
Committee so constituted shall function till the issue of the notification
under section 6 (1) or under section 61 of the Act, unless it is reconstituted
or some other authority is appointed in its place under the provisions of
section 49. In
effecting service of the notice giving information of the date of the
publication in the unit of a document, the Serving Officer may, where the
member of the Consolidation Committee is not present at his residence at the
time of service or where he cannot be found after using all due and reasonable
diligence, effect service by affixation of the notice on the outer door or some
other conspicuous part of the house in which he ordinarily resides or carries
on business or personally works for gain. (1) The Consolidation
Naib-Tehsildar shall, in consultation with the Consolidation Committee, appoint
guardians for purposes of proceedings under the Act of such tenure-holders as
are minors, idiots lunatics unless such
guardians have already been appointed by order of a competent court. (2) The guardians shall
as far as possible, be the nearest male relatives of the persons for whom they
are appointed and shall not possess an interest adverse to that of their wards. (3) A list of all such
guardians together with the names of their wards shall be published in the
estate and any person interested in the ward may file an objection against such
appointment before the Consolidation Tehsildar within fifteen days of such
publication, whose orders shall, subject to the confirmation by the Settlement
Officer (Consolidation), be final. The
declaration under section 4 may be published in Form l. (1) In view of the fact
that the map, the Khasra Girdawari and the Jamabandi of each estate under
consolidation operations shall be thoroughly revised under the provisions of
sections 7 and 8 of the Act before a Scheme of Consolidation is prepared for a
unit, it will not be necessary for the Collector to get these records prepared
during the period an estate remains under Consolidation operations. In order to
maintain the existing record-of-rights, the Settlement Officer (Consolidation)
shall cause to be brought up to date the records published under section 11 by
getting all orders relating to changes and transfers affecting any of the
rights or interests recorded in the Jamabandi, which are passed under section
12 noted in red ink in the Jamabandi until a fresh record-of rights is prepared
under section 32. (2) Rabi and Kharif
Girdawari for the determination of agricultural statistics shall be carried
out by the Consolidation Patwari during the period an estate remains under
consolidation operations. Results will be recorded by him in the appropriate
columns of the Statement in Form 3 for the basic year and in appropriate
columns of the fair copy of the [1][Khasra
Girdawari] for other years. [2][***]
Rabi and Kharif Jinswars shall be prepared by the Consolidation Patwari, and
after being checked by the Consolidation Girdawar they will be forwarded to the
Tehsildar by the date prescribed for the purpose for incorporation in the
relevant statistical returns of the tehsil. The figures for other usual
prescribed returns for the latest year in respect of which they may have been
prepared before the start of the consolidation operations will be repeated
during the years the estates remain under consolidation operations. The
Settlement Officer (Consolidation) shall grant the permission referred to in
section 5(d) (ii) of the Act unless, for reasons to be recorded in writing, he
is satisfied that the proposed transfer is likely to affect adversely the
scheme of consolidation. The
declaration made under section 4 may, among other reasons, be cancelled in
respect of the whole or any part of the area on one or more of the following
grounds, viz., that (a) the area is under a
development scheme of such a nature as when completed would render the
consolidation operations inequitable to some of the tenure-holders; (b) the holdings of the
estate are already consolidated for one reason or the other and the
tenure-holders are generally satisfied with the present position; (c) a Co-operative
Society has been formed for carrying out cultivation in the area after pooling
all the land of the area for this purpose. (a) The estate map of the
unit placed under consolidation operations shall be revised either (i) by the ordinary
method of map correction in which each field as shown in the map is compared
with its shape and size on the spot and, where, necessary, the shape and size
are corrected after necessary measurements, or (ii) by a complete
professional survey (resurvey). The
Settlement Officer (Consolidation) shall, therefore, if he has not already got
the necessary information with him, get enquiries made into the condition of
estate maps of all units placed under consolidation operations in his area and
select estates for bringing the
maps up to date by either of the two methods indicated above. He shall then
proceed to get the maps revised accordingly. Wherever necessary, he may apply
for the services of professional surveyors and chairmen etc. to the Director of
Consolidation. (b) In carrying out
professional survey of estates, provisions contained in the Jammu and Kashmir
Land Revenue Act, Svt. 1996 and Government Orders issued thereunder from time
to time shall mutatis mutandis apply. (c) The work of ordinary
map correction shall be carried out by the Consolidation Patwari. This will be
checked cent per cent by the Consolidation Girdawar and to the extent of 20% by
the Consolidation Naib-Tehsildar during field to field Girdawari of the estate. (d) The work of
professional survey shall be intensively checked by running check lines by an
officer not below the rank of a Consolidation Naib-Tehsildar having an expert
knowledge of survey who may be specially deputed for the work. The
Consolidation Tehsildar of the Circle and the Settlement Officer
(Consolidation) shall also check the work by running as many checklines as
possible. All
the entries of the current Jamabandi shall be tested by the Consolidation
Girdawar cent per cent by comparing them with entries of the previous Jamabandi
and connected Khasra Girdawari as also existing record of rights prepared
during the last settlement or the revision of records. Mistakes and disputes
detected shall be entered in the appropriate columns in the list of mistakes
and disputes in land records in Form 5. After
the test of the Jamabandi has been carried out in the manner prescribed in rule
12, a thorough verification of the entries in the current Jamabandi shall be
carried out by the Consolidation Girdawar. This shall be done by reading out
the record in the estate and explaining every entry in it to the tenure-holders
collected in as large number as possible somewhere in the estate itself. The
mistakes and the disputes detected shall be noted in the appropriate columns of
the list of mistakes and dispute in land records in Form 5. After
the test and the verification of the annual records as prescribed in rules 12
and 13, a field to field Girdawari of all the plots shall be carried out
by the Consolidation Girdawar in association with the Consolidation Committee
and as many tenure-holders of the estates as he can collect and the result
shall be noted by him in Khasra Girdawari Chakbandi in Form 3. The mistakes and
disputes discovered during the Girdawari shall also simultaneously be noted in
the appropriate columns of the list of mistakes and disputes in land records in
Form 5. The
list of mistakes and disputes in Form 5 mentioned in rules 12, 13 and 14 shall
be prepared in two parts. Part I shall contain clerical mistakes and Part II
shall contain other mistakes and disputes discovered during the test and
verification of the annual records and the field to field Girdawari referred to
in rules 12 to 14. (1) At the time of field
to field Girdawari of the estate, the Consolidation Girdawar shall find out
whether a particular plot was irrigated or could be irrigated during the year
in which Girdawari is being carried out and enter the information in column 15
of the Khasra Girdawari Chakbandi. If the enquiries made by the Consolidation
Girdawar show that the entry in respect of source of irrigation in column 13 of
Form 3 was obviously wrong he shall note the fact in the remarks column of the
said Form and treat it as mistake or dispute, as the case may be, for being
brought on the list of mistakes and disputes in land records for being disposed
of by the Consolidation Naib-Tehsildar or the Consolidation Tehsildar, as the
case may be. (2) (a) Fields irrigated
from the following sources shall be treated as wet- (i) canal, khul, tubewell
and other wells of durable nature; and (ii) rivers, reservoirs,
lakes, springs, nallas, tanks and ponds which are able to supply water for
irrigation during an entire crop period in a normal year. (b)
Fields irrigated from the following sources shall be treated as dry? (i) undurable earthen
wells; and (ii) all other sources of
irrigation such as nallas or tanks, which dry up or which do not supply water
during an entire crop period in a normal year, (c)
Earthen wells generally will be considered undurable except where the
Consolidation Committees decide otherwise and the decision is confirmed by the
Settlement Officer (Consolidation). If more than half the field is irrigated or
could be irrigated in the year of Girdawari from the permanent sources mentioned
in sub-rule (2) (a), it shall be treated as wet: Provided
that, where the source of irrigation becomes permanently out of use, the field
irrigated from it shall be treated as dry. (a) The Consolidation
Naib-Tehsildar shall check all the mistakes and disputes discovered by the
Consolidation Girdawar during his test and verification of the annual record
and the field to field Girdawari and shall also in addition check the Girdawari
work of the Consolidation Girdawar by his own Girdawari in respect of at least
20 per cent of the rest of the entries. The work done by the Consolidation
Naib-Tehsildar shall be checked by the Consolidation Tehsildar and the
Settlement Officer (Consolidation) to ensure that all the mistakes and disputes
have been brought on the list of the mistakes and disputes in land records. (b) During these
operations, the Consolidation Naib-Tehsildar shall also determine Standard Plot
or Plots of the unit by (i) ascertaining from the
members of the Consolidation Committee and from the tenure-holders of the units
as to which are the best plot or plots of the unit, regard being had to
productivity, availability of irrigational facilities, location, etc., and (ii) spot verification in
the company of the members of the Consolidation Committee and as many
tenure-holders of the estate as he can collect. (c) The list of
"Standard Plots" shall be prepared in Form 14. (d) The list of
"Standard Plots" in Form 14 shall then be published and all
objections received within fifteen days of the publication of the list shall be
forwarded by the Consolidation Naib-Tehsildar with his report on each
objection to the Consolidation Tehsildar for decision. The Consolidation
Tehsildar shall decide these objections along with the disputed cases received
by him from the Consolidation Naib-Tehsildar under rule 19 or earlier, if
possible. The objections against the. Standard Plots shall be decided by the
Consolidation Tehsildar only after spot inspections. (e) Any person aggrieved
by the order of the Consolidation Tehsildar under sub-rule (d) may, within
twenty-one days of the date of the order, file an appeal before the Settlement
Officer (Consolidation^) who shall after hearing the parties give his decision
thereon. The order of the Settlement Officer (Consolidation) shall be final and
not open to question. (a) The Consolidation
Naib-Tehsildar shall pass orders in his own hand in the appropriate column of
the list of mistakes and disputes in land records for the correction of all the
clerical mistakes entered in part I of the list in Form 5 after consulting the
previous land records of the estate, where necessary. These orders shall then
be noted by the Patwari against the relevant Khewats and Khatas of the
Jamabandi and shall be attested by the Consolidation Girdawar. The
Consolidation Naib-Tehsildar shall also satisfy himself by checking that all
his orders have been correctly recorded in the Jamabandi. (b) Necessary number of
copies of the notice in Form 7, along with the extracts in Form 6 in respect of
all the Khewats, and the Khatas of the Jamabandi, after the orders of the
Consolidation Naib-Tehsildar mentioned in sub-rule (a) have been given effect
to, and the copies in Form 7-A (where necessary) shall be prepared by the
Consolidation Patwari neatly and accurately by using good carbon and pencil.
The extracts shall be checked cent per cent by the Consolidation Girdawar and
signed by him. At least 20 per cent of the extracts shall also be checked by
the Consolidation Naib-Tehsildar to ensure their accuracy. Form 7 and Form 7-A
shall be printed in book form. (c) The notice in Form 7
or 7-A inviting objections or written statements before the Consolidation
Naib-Tehsildar within twenty-one days of the receipt of the notice and the
relevant extracts shall thea be issued under the signature of Consolidation
Naib-Tehsildar to the tenure-holders
concerned and the persons interested and their signatures or thumb impressions
obtained on the office copy of the relevant extract in Form 6 and also in Form
7 or 7-A, as the case may be, in token of their having received the notice. The
notice along with extracts relating to land belonging to Government Departments
shall be sent to the heads of the local district officers (including the Assistant
Custodian of Evacuee Property). The office copy of each extract and notice
shall be carefully preserved on a common estate file. (d) As soon as possible
after the issue of notices and extracts mentioned in sub-rule (c), the Khasra
Girdawari and the Jamabandi shall be published along with list of mistakes and
disputes in Form 5. (e) Separate files shall
be opened for cases in which objections are received. The file of each case
shall deal with one set of parties. Extracts in which no mistakes or disputes
were recorded in column 8 of Form 6 at the time of issue and in respect of
which no objections are received, shall remain on the common estate file. A
proper index showing the extracts kept on it shall be attached to the common
estate file. (f) Cases relating to entries
in column 8 of Form 6 and other cases in which objections are received shall be
entered in a Mislband register in Form 8 in the office of the Consolidation
Naib-Tehsildar. (g) In deciding disputes
on the basis of conciliation according to the provisions of sub-section (3) of
section 8, the Consolidation Naib- Tehsildar shall record the terms of
conciliation in the presence of at least two members of the Consolidation
Committee of the unit. The terms shall then be read over to the parties
concerned and their signatures or thumb impressions obtained. The members of
the Consolidation Committee present shall also sign the terms of conciliation.
The Consolidation Naib-Tehsildar shall then pass orders de ciding the disputes
in terms of the conciliation specifying the precise entries to be made in the
records. Details of the orders passed by the Consolidation Naib-Tehsildar shall
be noted in the Mislband register. (h) The report of the
Consolidation Naib-Tehsildar on disputed cases referred to in section 8(4)
shall clearly bring out the points of dispute between the parties and the efforts made by him
to reconcile them. On
receipt from the Consolidation Naib-Tehsildar, the disputed cases shall be
entered in the Mislbad register in Form 8 in the office of the Consolidation
Tehsildar. The notice to be sent by the Consolidation Tehsildar to the parties
concerned under the provisions of section 8(5) (a) shall be in Form 9. The
orders of the Consolidation Naib-Tehsildar under sub-section (3) of section 8
and of the Consolidation Tehsildar under subclause (b) of sub-section (5) of
section 8 shall be given effect to in the Jamabandi by the Consolidation
Naib-Tehsildar or the Consolidation Tehsildar by attesting a mutation on the
mutation register of the concerned Village in the same manner and form as
prescribed under Standing Order 23-A (Mutation) and in accordance with the
procedure laid down in para 6 of Standing Order No. 23-B (Jamabandi).][3] [4][(1) A set of Khasra
Girdawari and revised Jamabandi, If necessary, shall then be prepared or the
current Jamabandi on revision brought up to date by the Consolidation Patwari
incorporating all the orders passed by Consolidation Naib-Tehsildar under sub-section
(3) of section 8, the Consolidation Tehsildar under sub-section (5) of section
8, the settlement Officer Consolidation under section 13 up to that stage.
These records shall be checked by the Consolidation Girdawar thoroughly. The
Consolidation Naib-Tehsildar shall also check and sign in token of his having
checked them at least 20 per cent of the entries. The Consolidation Tehsildar
of the Circle shall also check as many entries as he can to ensure that the
records have been correctly prepared. The Khasra Girdawari and the revised
Jamabandi or the current Jamabandi brought up to date on revision, as the case
may be, shall be signed by the Consolidation Tehsildar and shall then be
published under section 11 in the unit.] (2) All
cuttings and over writings in the Jamabandi shall be initialled and dated by
the person responsible for the cutting or the overwriting and also by the
Consolidation Naib-Tehsildar. They shall then be brought on an errata list in
Form 10 to be prepared by the Consolidation Patwari in duplicate in carbon. The
errata list shall be signed by the Consolidation Girdawar and the Consolidation
Naib-Tehsildar also. A copy of the errata list shall be sent to the Consolidation
Tehsildar of the Circle for record in his office. Appellate
orders passed under section 9 along with consequential orders passed by the
Settlement Officer (Consolidation) under section 13 up to that stage shall be
noted in red ink in the Jamabandi revised under rule 21. The Jamabandi shall
then again be published in the unit. (a) The Form in which the
matters mentioned in section 12 may be raised before the Consolidation
Naib-Tehsildar shall be in Form 11. (b) The procedure laid
down in rules 18 to 22, so far as the disposal of objections and appeals is
concerned, shall be followed in deciding the matters raised before the
Consolidation Naib-Tehsildar under section 12. Omitted[5] (a) After the publication
of the records under section 11, a list of all the joint holdings in the estate
shall be prepared by the Consolidation Patwari in Form 16 and the work of
partitions may be taken up by the Consolidation Tehsildar. In cases which he
tentatively decides to partition the holdings, he shall, after himself
ascertaining or getting the share of each tenure-holder ascertained by the
Consolidation Naib-Tehsildar by means of a summary enquiry in the unit, give
notice of his proposal to partition the area of the holding or holdings which
is ultimately to be consolidated to the tenure-holders concerned in Form 17 and
invite objections against the proposal within fifteen days of the receipt of
the notice by the tenure-holders. Partition proceedings in respect of holdings
the rights in which are subject to appeals under section 9 may be stayed for so
long as the appeals have not been decided. Objections received shall be heard
and decided and the holding or holdings partitioned or the proposal dropped. (b) Where the
tenure-holders of a joint holding oppose partition and the Consolidation
Tehsildar is satisfied that the opposition of each tenure-holder is genuine and
not forced, he shall not proceed with the partition unless, for reasons to be
recorded by him in writing, he considers it necessary to do so in the interest
of better consolidation of the holding or holdings concerned. (c) The application for
partition of holdings recorded in the names of two or more tenure-holders shall
be made to the Consolidation Naib-Tehsildar in Form 15. (d) Details of partition
effected under sub-rules (a) and (c) shall be entered in the appropriate
columns of the statement in Form 16. An
application for amalgamation of holdings shall be in Form 18. All orders
authorising amalgamation of holdings shall be recorded in the appropriate
columns of the statement in Form 16. The
map prepared under rules 29(a) (ii) and 30 shall form part of the Consolidation
scheme. The
valuation of plots allotted to a tenure-holder shall be equal to the valuation
of plots held by him before the Consolidation of his holding after deduction of
such amount as may be required for public purposes as laid down in the
statement of principles. (a) (i) The Settlement
Officer (Consolidation) shall get soil classification maps on the basis of the
last settlement prepared in respect of all the estates under Consolidation
operations well before the publication of the revised records under section 11.
Each Consolidation Naib-Tehsildar shall be supplied with copies of these maps
for estates under his charge. (ii)
The Consolidation Naib-Tehsildar shall then get the details of the soil
classification determined at the time of the last settlement or revisions of
records, incorporated in a copy of the map of each unit prepared under rule 11. (b) The Settlement
Officer (Consolidation) shall indicate in a detailed note the principles and
methods adopted in the last settlement in the matter of soil classification
and shall issue copies of the same to the Consolidation Tehsildar, who shall
explain it to the Consolidation Naib-Tehsildar. (c) The Assistant
Consolidation Naib-Tehsildar shall then take up the work of determination of
the exchange ratio of each plot in the unit. A list of the plots or parts of
plots not to be consolidated shall be prepared in Form 22 by the Consolidation
Naib-Tehsildar. (d) The exchange ratio of
each plot shall be determined by the Consolidation Naib-Tehsildar in
consultation with the Consolidation Committee after making enquiries from as
many tenure-holders of the unit as he may be able to collect. The exchange
ratio so determined shall be recorded by the Consolidation Naib-Tehsildar in
his own hand-writing in Form 20 (Part 1) in words on the spot. In the
determination of the exchange ratio of each plot the following facts shall be
kept in view :- (i) The existing soil
class of the plot as recorded in the last Settlement records or the records
revised during the last Revision of Records. (ii) Productivity. This
will include the soil constituents of the plot, the number and kind of crops it
can generally produce in a year and the quantum of labour required to produce
these crops. Temporary increase in fertility and productivity caused by the use
of fertilizers or any other such method or decrease for temporary reason should
be guarded against. (iii) Availability of
irrigation facilities. In cases of irrigation by the canal, the fact whether the
plot is irrigated by flow system or lift system, the nearness of the plot to
the water channel and the volume of the water supply shall be taken into
consideration. (iv) Location. Which
has a bearing on the cost or supervision of cultivation, or the marketing of
the produce of a plot. (e) The responsibility
for the correct determination of the ex change ratio of each plot shall be
that of the Consolidation Naib-Tehsildar subject to his paying due regard to
the opinion tendered by the members of the Consolidation Committee and the
tenure-holders of the unit in general. (f) The exchange ratio of
each plot shall be noted in the map of the unit prepared under rule 29(a) (ii). (1) The Consolidation
Naib-Tehsildar shall proceed to divide the area of each unit into Blocks as
soon as the exchange ratio of all its plots has been determined. In doing so he
shall take into account the exchange ratio of each plot, determined under rule
29. (2) The Blocks formed
under sub-rule (1) shall be neatly and clearly shown in the map of the unit
prepared under rule 29(a) (ii). The
amount of compensation for each tree, well or other improvement existing in a
plot shall be determined in Form 20 (Part I) by the Consolidation
Naib-Tehsildar in consultation with the Consolidation Committee after making
enquiries from as many tenure-holders of the unit as he may be able to collect
at the time of determination of the exchange ratio of plots under rule 29. For
this purpose the Consolidation Naib-Tehsildar may also take into consideration
the data relating to the trees, wells and other improvements and their
valuation collected by the Consolidation Girdawar in Form 3 at the time of
field to field Girdawari. In determining the amount of compensation for a
tree, the Consolidation Naib-Tehsildar shall take into account its age, kind
and market value; and in determining the compensation for a well and other
improvement, he shall take into consideration their nature, age, state of
repairs and serviceability. If he so decides, the Consolidation Naib-Tehsildar
may, if necessary, instead of coming to a finding himself, request the
Settlement Officer (Consolidation) to have the amount of compensation payable
for a well or other improvement estimated by an officer of the Public Works
Department. (1) The statement of
valuation of plots shall be prepared in Form 20 in two parts?
Part I shall be plot-wise and Part II holding-wise. It shall be the
responsibility of the Consolidation Naib-Tehsildar to ensure that the statement
is prepared correctly in all respects. For this purpose he shall check on an
extensive scale the statement prepared by the Consolidation Patwari by
comparing each of its entries with the record
on the basis of which these entries were made by the Consolidation Patwari. (2) The statement
prepared under sub-rule (1) shall be published in the unit as early as possible
after relevant extracts therefrom along with the notice have been issued to
each tenure-holder in Form 21 inviting objections against the entries in the
extracts. (3) Extracts with notice
in Form 21 in respect of each tenure-holder shall be prepared by the
Consolidation Patwari in duplicate in carbon shall be attested by the
Consolidation Girdawar. They shall be signed by the Consolidation
Naib-Tehsildar. One copy of the extract and the notice shall be issued to the
tenure-holder concerned or his representative and his signature or thumb
impression obtained on the office copy of the relevant extract and the notice
in token of his having received the same. The office copy bearing the thumb
impression or signature shall be carefully prescribed on a common estate file. (4) Objections received
by the Consolidation Naib-Tehsildar under section 21(3) of the Act shall be
forwarded by him to the Consolidation Tehsildar with his report along with the
relevant office copy of the extracts. Extracts in respect of which no
objections are received shall remain on the common estate file to which a
proper index shall be attached. (5) Separate files shall
be opened for each case in respect of which objections received. All the
objections shall be entered in a Mislband register in Form 8 in the office of
the Consolidation Tehsildar. Orders passed by the Consolidation Tehsildar in
each case shall be noted in the Mislband register in due course. (6) At the time of making
a local inspection of plots for the decision of any objection under section 21
(4), the Consolidation Tehsildar shall prepare an inspection memo and attach it
with his order deciding the objections. (a) The work of the
Consolidation Naib-Tehsildar in connection with the determination of exchange
ratio for plot along with the calculation of their valuation and determination
of the compensation for wells, trees and other improvements and block formation
shall be checked in respect of all the units included in the circle of a
Consolidation Naib-Tehsildar by the Consolidation Tehsildar on the spot to the
extent of at least 10 percent of the plots of each unit. Similarly the
Settlement Officer (Consolidation) shall also check the work on the spot of at
least 10 per cent of the units in the circle of each Consolidation
Naib-Tehsildar. (b) Each page of the
statement of valuation of plots shall be signed and dated by the Consolidation
Naib-Tehsildar. All cuttings and overwritings in this statement shall similarly
be initialled and dated by the persons responsible for the cuttings and
overwriting. They shall also be initialled and dated by the Consolidation
Naib-Tehsildar who shall prepare an errata list in Form 10 in Duplicate duly
signed and dated by himself and the Consolidation Girdawar. A
copy of the errata list shall be sent to the Consolidation Tehsildar for record
in his office. The
statement in Form 20 (Part II) prepared under rule 32 shall serve as "Statement
of Holdings". The Statement shall be prepared by the consolidation Patwari
and all the entries shall be checked by the Consolidation Girdawar and 20%
thereof by the Consolidation Naib-Tehsildar.][6] (a) The Statement of
Principles shall be prepared by the Consolidation Naib-Tehsildar in
consultation with the Consolidation Committee and after making enquiries from
as many tenure-holders of the unit as he may be able to collect, in his own
hand giving reasons for the proposals in Form 23. It shall be accompanied by a
copy of the map of the unit which shall show- (i) standard plots of the
unit as determined under rule 17; (ii) the existing
permanent features such as Abadi sites, canals, their distributaries along with
field channels, roads, orchards, wells, nallas, rivers, graveyards, cremation
grounds and other areas used for public purposes, and (iii) the additions and
alterations to be shown in pencil initially, and after confirmation of the
statement by the Settlement Officer (Consolidation) in red ink, proposed in the
site alignment or dimensions of any of the above items and also other areas to
be earmarked for any other public purposes. (b) Besides lands for
extension of Abadi, including areas for Abadi sites for Harijans and landless
persons in the unit, land may be earmarked according to the needs of each unit
for the following public purposes :- (i) manure pits, (ii) roads, village and
inter village Rastas and Chak roads, (iii) pasture lands, (iv) threshing floors, (v) play grounds, (vi) primary and other
schools, (vii) hospitals, (viii) Panchayat Ghars, (ix) plantation of trees, (x) cremation grounds and
graveyards, (xi) water channels for
irrigation purposes, (xii) flying sites, (xiii) drains, and (xiv) any other object of
similar nature for which reservation of land may be considered necessary in the
interest of tenure-holders of the unit. (c) During the course of
the preparation of the Statement of Principles, every specific problem of the
unit having a bearing on equitable allotment of plots for purposes of
consolidation shall receive the attention of the Consolidation Naib-Tehsildar
and the Consolidation Committee. The Principles, which shall be in consonance
with the provisions of the Act and Rules, on which such problems are proposed
to be resolved must be incorporated in the statement. The statement shall also
show the details of the standard plots determined under rule 17. (d) If there is a
difference of opinion between the Consolidation Naib-Tehsildar and the
Consolidation Committee on any of the terms of the Statement of Principles, the
Consolidation Naib-Tehsildar shall prepare a note covering the points of difference and
forward it to the Consolidation Tehsildar. (e) If the Consolidation
Tehsildar is unable to resolve the difference between the Consolidation
Naib-Tehsildar and the Consolidation Committee, he shall forward the record to
the Settlement Officer (Consolidation) together with his opinion on each point
of difference. (f) The Settlement
Officer (Consolidation) shall, after hearing the Consolidation Committee, give
his decision on the points referred to him under sub-rule (e) and amend the
Statement of Principles accordingly. The
Statement of Principles along with the map prepared under sub-rule (a) of rule
35 shall then be published in the unit. All
objections filed under sub-section (2) of section 23 shall be in writing and
shall be signed by the persons making them. The objections shall clearly
indicate the manner in which the interests of the objectors are likely to be
affected by the proposals adopted in the Statement. The
Consolidation Tehsildar, when making a local inspection of the unit in
connection with the decision of an objection filed under section 23, shall prepare
an Inspection Memo and attach it to his order deciding the objection. Where a
Consolidation Tehsildar under the provisions of section 24(2) makes a local
inspection of the unit from which no objection has been received, he shall
prepare a memorandum of inspection setting out his views on the contents of the
statement and the modifications and alterations, if any, proposed by him to the
statement, together with reasons. The Consolidation Tehsildar shall also
consult the Consolidation Committee before proposing modifications and
alterations. In case of difference of opinion between him and Consolidation
Committee, the Consolidation Tehsildar shall report the points of difference to
the Settlement officer (Consolidation) who shall decide the mater after local
inspection. (1) Where as a result of
decision on objections under section 23, alterations and modifications in the
Statement of Principles in Form 23 and the map showing the objects of public
purposes have become necessary, the Consolidation Naib-Tehsildar shall cause a
fair copy to be prepared and
submit it through the Consolidation Tehsildar for the confirmation of the
Settlement Officer (Consolidation). (2) Where no alterations
and modifications are necessary in the Statement of Principles or the map, the
Settlement officer (Consolidation) shall sign them in token of having
confirmed the same. (3) The statement in Form
23 and the map showing objects of public purposes as confirmed shall be
published in the estate. As
a preliminary to preparation of Statement of Proposals, the Consolidation
Naib-Tehsildar shall cause to be prepared a statement of tenure-holders in Form
24 showing the particulars mentioned below:- (a) name of
tenure-holder; (b) valuation of the
entire Khewat/Khata of the tenure-holders; (c) deduction if any, to
be made as a result of rateable contribution of land for objects of public
purposes; (d) net valuation of
holding; (e) amount of
compensation to be paid to tenure-holder contributing land for public purpose; (f) amount of land
revenue or rent of the holding to be reduced as a result of contribution of
land for public purposes. (1) The Consolidation
Naib-Tehsildar shall prepare the Statement of Proposals in Form 25 in
consultation with the members of the Consolidation Committee after making
enquiries from as many tenure-holders as he is able to collect [7][and
also after preparing Field book for the concerned plots]. (2) All cuttings and
overwriting in the Statement of Proposals shall be initialled and dated by the
persons responsible for them and also by the Consolidation Naib-Tehsildar. An
errata list in Form 10 shall be prepared in duplicate in respect of the
Statement of Proposals. A copy of the errata list shall be sent to the
Consolidation Tehsildar for record in his office. The
Statement of Proposals shall also explicitly show:- (a) the encumbrance
attached to a holding, the amount, name of person in whose favour the
encumbrance exists and the nature and terms of the encumbrance; (b) the areas of Abadi
land or land used for public purposes or land vested in the Government proposed
to be amalgamated with any holding and areas earmarked for public purposes. (1) Relevant extracts
from the Statement of Proposals in Form 25 and the notices in Form 26 in
respect of each tenure-holder shall be prepared in duplicate by the
Consolidation Patwari and shall be attested by the Consolidation Naib-Tehsildar
after being checked cent per cent by the Consolidation Girdawar. One copy of
the extract along with a copy of the notice shall be issued to the
tenure-holder concerned or his guardian or his representative before the
Statement of Proposals is published in the unit and his signature or thumb
impression obtained on the office copy of the relevant extract and on the
notice in token of his having received the same. The office copy of the extract
shall be carefully preserved on a common estate file. (2) Form 26 shall be
printed in book form. The
Statement of Proposals shall then be published by the Consolidation
Naib-Tehsildar in the unit. The
proposals for the Consolidation of Holdings contained in the extracts shall be
explained by the Consolidation Patwari and the Consolidation Girdawar to each
tenure-holder by a preliminary demarcation on spot. The Consolidation
Naib-Tehsildar and the Consolidation Tehsildar will ensure by personal
verification from as may tenure-holders as possible that these instructions have
been duly carried out. (1) The objection
received by the Consolidation Naib-Tehsildar shall be forwarded by him to the
Consolidation Tehsildar along with the common estate file containing the office
copies of all the extracts in Form 25 issued under rule 43. (2) Separate files shall
be opened for each case in which objections are received under section 27. The
file of each case shall deal with one set of parties. All the objections shall
be entered in the Mislband register
in Form 8 in the office of the Consolidation Tehsildar. Extracts in respect of
which no objections are received shall remain on the common estate file to
which a proper index showing the details of the extracts shall be attached. (3) Where the
Consolidation Tehsildar rejects the objection, he shall cause a notice of
rejection of objection to be served on the tenure-holder. Where, however, in
accepting any objection, the Consolidation Tehsildar finds it necessary to make
any alteration in the Statement of Proposals, he shall cause a revised extract
in Form 27 to be served on the tenure-holder concerned free of cost. The
objection under sub-section (1) of section 28 shall not be deemed to be
disposed of until the aforesaid notice rejecting the objection or, as the case
may be, the revised extract has been served on the tenure-holder concerned. (4) The notice or the
revised extract shall be prepared in duplicate, signed by the Consolidation
Tehsildar and shall bear his seal. The serving officer shall, after endorsing
acknowledgement of service on one copy, deliver the other copy to the
tenure-holder after endorsing the date of service on it. The first copy bearing
the acknowledgement of the tenure-holder and the date of service on him shall
be placed in the record of the case concerned. (1) If as a result of the
orders passed under sub-sections (1) to (4) of section 28, the Statement of
Proposals is to undergo numerous changes which it may not be easily possible to
incorporate in the existing statement itself, a fair copy thereof along with a
copy of the map of the unit showing the plots allotted to the tenure-holders
and the location of land set apart for public purposes and that set apart as
belonging to the Government may be prepared before it is confirmed and
published under sub-section (2) of section 30. (2) All the cuttings and
overwritings in the Statement of Proposals as confirmed by the Settlement
Officer (Consolidation) and published under sub-section (2) of section 30
shall be initialled and dated by the person responsible for the cutting or
overwriting and also by the Consolidation Naib-Tehsildar. They shall be brought
on an errata list in Form 10 to be prepared by the Consolidation Patwari in
duplicate in carbon. The errata list shall be signed and dated by the Consolidation Girdawar
and the Consolidation Naib-Tehsildar and a copy thereof shall be sent to the
Consolidation Tehsildar of the circle for record in his office. (1) Allotment orders in
duplicate shall be prepared by the Consolidation Patwari in Form 27 in two parts
:- (i) Part I shall contain
details of allotment of land made to the tenure-holders; (ii) Part II shall contain
details of Government land and of land earmarked for public purposes. They
shall be checked cent per cent by the Consolidation Girdawar and Consolidation
Naib-Tehsildar and signed and dated by them. They shall also bear the seal of
the Consolidation Naib-Tehsildar. The original copies of the allotment orders
prepared in Part I shall be issued to the tenure-holders concerned and those
prepared in Part II shall be made over to the Tehsildar concerned. (2) Copies of the
allotment orders shall be placed on the common estate file to which a proper
index showing the details of the extracts kept on it shall be attached. (1)
Before fixing the date on or after
which the tenure-holders shall be entitled under section 31 of the Act to enter
into possession, the Settlement Officer (Consolidation) shall satisfy himself
of the following:- (i)
that the allotment orders have been
issued to all the tenure-holders who are entitled to them; (ii)
that the Consolidation Girdawar has
demarcated the new boundary lines of each Chak in the manner specified by him. (2)
The order of the Settlement Officer
(Consolidation) fixing the date shall be published in the estate. (1)
As soon as may be, after the date
after which the tenure-holders become entitled to enter into possession of
plots allotted to them, the Consolidation Naib-Tehsildar shall, after
inspecting the unit, find out the number of tenure-holders who have by mutual
arrangements entered into possession of the holdings allotted to them as a
result of the Consolidation
Scheme. Where change of possession has not taken place, he may direct the
Consolidation Girdawar to effect the change of possession with the help of the
Consolidation Patwari. (2)
The procedure to be followed by the
Consolidation Girdawar effecting the change of possession shall be the same as
provided in the Code of Civil Procedure for delivery of possession of immovable
property in execution of a decree and the Consolidation Girdawar shall, for
this purpose, exercise the powers of the officers of the Court appointed in
this behalf. (3)
The Consolidation Girdawar or any
other officer employed in the consolidation work under the Act and the Rules
shall be deemed to be a public servant within the meaning of section 21 of the
Ranbir Penal Code. (4)
Thereafter the Consolidation
Naib-Tehsildar shall, in consultation with the Consolidation Committee,
publish in the estate the statement showing: - (a)
the multiple of the Parta Qisimwar of
the cropped area not exceeding six, which in his opinion is adequate
compensation to the person to whom possession is transferred where right to
tend and gather crops has been reserved for the person from whom possession has
been transferred; (b)
the date or dates fixed by which all
crops shall be harvested in cases where the right to tend and gather crops has
been reserved for the person from whom possession has been transferred. (5)
In fixing compensation under sub-rule
(4), the Consolidation Naib-Tehsildar shall have regard to the duration between
the date fixed for delivery of possession and that fixed for harvesting the
crops under sub-rule (4) (b). (6)
No compensation shall be paid where no
sowing season intervenes between the delivery of possession and the date fixed
for harvesting. (7)
Any person affected by the statement
published under sub-rule (4) may file objections before the Consolidation
Naib-Tehsildar within 7 days of the date of its publication. (8)
The Consolidation Naib-Tehsildar shall
forward all objections received under sub-rule (7) to the Settlement Officer
(Consolidation) whose decision shall be final. (9)
As soon as the statement under
sub-rule (4) has become final, the Consolidation Naib-Tehsildar shall cause to
be published in the estate a statement in Form 35 showing details of
compensation worked out for each tenure-holder under sub-rule (4). (10)
Any person affected by the publication
of statement under sub-rule (9) may file his objections before the
Consolidation Naib-Tehsildar within 15 days of its publication. The
Consolidation Naib-Tehsildar shall submit his report on all objections to the
Consolidation Tehsildar whose decision shall be final. (11)
The compensation payable under this
rule shall be recovered as arrears of land revenue if unpaid on the expiry of
nine months from the date of transfer of possession. (12)
After finalisation of Form 35 under
sub-rule (9), the Consolidation Naib-Tehsildar shall issue a certificate of
award of compensation to the recipients in Form 38, notice whereof shall also
be given to the payers in Form 39. (13)
Without prejudice to the right to
recover compensation through a competent Court, the certificate of award of
compensation issued under sub-rule (12) shall lapse if not presented to the
Tehsildar having jurisdiction within two years of the date recorded on it for
recovery as arrears of land revenue. (14)
On presentation of certificate of
award, the Tehsildar shall make a preliminary enquiry to ascertain if the
compensation in question has been paid or not. He shall forward the result of
his enquiry to the Collector. (15)
When the Collector is satisfied after
making such further enquiry as he may consider necessary that compensation has
not been paid in terms of the certificate, he shall cancel the same and issue
another certificate for the recovery of the compensation as arrears of land
revenue. (16)
The Collector shall not be impleaded
as a party to any suit or proceeding for the realisation of compensation
awarded according to the foregoing rules. (1)
Where the Consolidation Naib-Tehsildar
decides that possession of crop shall also be delivered, he shall, in
consultation with the Consolidation Committee, assess the value thereof after
taking into account:- (a)
the condition of the crop; (b)
the estimated yield of the crop; (c)
the estimated price which the produce
is likely to fetch at the time of harvesting in the estate; and (d)
the amount likely to be spent on the
crops from the date of transfer to the time of harvesting. (2)
The appraisement mentioned in sub-rule
(1) shall be made in the presence of tenure-holders concerned unless they fail
to attend despite general notice which shall be given by beat of drum in the
unit. (3)
Result of appraisement shall be
published by the order of the Consolidation Naib-Tehsildar in Forms 36 and 37. (4)
Any person aggrieved by the order of
the Consolidation Naib-Tehsildar may file an appeal before the Settlement
Officer (Consolidation) within 15 days of the date of the order. The decision
of the Settlement Officer (Consolidation) shall be final except as otherwise
provided by or under the Act. (5)
After the statements under sub-rule
(4) have become final, the Consolidation Naib-Tehsildar shall issue certificate
of award of compensation to the recipient in Form 38, notice whereof shall
also be given to the payers in Form 39. (6)
Without prejudice to recovery of
compensation through a competent Court, the certificate of award of crop
compensation issued under sub-rule (5) shall lapse if not presented to the Tehsildar
having jurisdiction within two years of the date recorded on it for recovery as
arrears of land revenue. (7)
On presentation of the certificate of
award of compensation, the Tehsildar shall make a preliminary enquiry to
ascertain if the compensation has been paid or not. He shall forward the result
of his enquiry to the Collector. (8)
When the Collector is satisfied, after
making such further enquiry as he may consider necessary, that compensation has
not been paid in terms of the certificate, he shall cancel the same and issue
another certificate for recovery of the compensation as arrears of land
revenue. (9)
The Collector shall not be impleaded
as a party to any suit or proceeding for the realisation of the compensation
awarded according to the foregoing rule. (1)
Soon after the delivery of possession,
the Consolidation Naib-Tehsildar shall cause to be delivered an outerfoil of
the certificate in Form 28 to the receipt of compensation for trees, wells,
buildings or other improvements. The certificate shall show the name of the
payer, the amount of compensation and description of the property compensated. (2)
Notice of payment of compensation for
trees, wells, buildings or other improvements shall also be furnished on the
outerfoil in Form 28 to each payer of compensation showing the name of
recipient, amount of compensation awarded and the description of the property
compensated. (3)
As soon as certificates and notices
have been distributed, the innerfoils of Form 28 shall be made over to the
Tehsildar having jurisdiction. (4)
The provisions of sub-rules (11),
(13), (14), (15) and (16) of rule 50 shall also apply to the recovery of
compensation mentioned in F». ..* 28 as if it were compensation payable under
rule 50. (5)
Amount of compensation payable to
tenure-holders for land contributed for public purposes as determined in Form
24 shall, soon after the delivery of possession, be paid by adjustment against
the cost of consolidation as determined in the Demand and Collection Jamabandi
in From 30 prepared under rule 54. In cases in which no cost of consolidation
is payable by tenure-holder or compensation exceeds cost of consolidation, the
excess compensation shall be paid to them in cash by the Consolidation
Tehsildar and a record of payment shall be kept by him in Form 29. (1)
Where in respect of any document or
notice, a specific provision has not been made for obtaining a receipt from the
person to whom the document is issued or on whom the notice has been served, a
record of service made on the person concerned by the serving officer shall be
kept in Form 34. (2)
In delivering a document or effecting
the service of any document, notice or summons on any tenure-holder or other
person, the Serving Officer may, where the tenure-holder or the person
concerned is not present at his residence at the time of delivery or service,
or where he cannot be found after using all due and reasonable diligence, or
where he refuses to take the document, notice or summons, effect delivery or
where he refuses to take the document, notice or summons service by affixation
of the document, notice or summons on the outer door or on some other
conspicuous part of the house in which he ordinarily reside, but if he has no
such residence in the unit, by affixing a copy of the document, notice or
summons at some place of public resort on or adjacent to the land to which such
document refers. In either case the Serving Officer shall get the affixations
attested by two residents of the unit. The service of certificates of
compensation shall not, however, be made by affixation. After
the final cost of consolidation has been determined, the Consolidation Girdawar
shall prepare in duplicate the Demand and Collection List of the cost of
consolidation showing the balance in Form 30 to be recovered after the
compensation payable for land contributed for public purposes has been
adjusted. After each entry in the Demand and Collection List in Form 30 has
been checked by the Consolidation Naib-Tehsildar, the Tehsildar shall realise
the items shown in the list as arrears of land revenue, if so, and to the
extent, ordered by the Government. The
Consolidation Patwari shall maintain a proceeding book in Form 32 for recording
proceedings of the meetings of the Consolidation Committee. He shall also
maintain a diary in Form 33 showing details of work done by him each day. A
diary in this form shall also be maintained by the Consolidation Girdawar and
the Consolidation Naib-Tehsildar. (1)
The Settlement Officer (Consolidation)
may withdraw any case from the file of any Consolidation Tehsildar or Naib
Consolidation Tehsildar subordinate to him and may refer the same for disposal
to any other Consolidation Tehsildar or Consolidation Naib-Tehsildar competent
to deal with the same. (2)
The Director of Consolidation may
withdraw any case from the file of any Settlement Officer (Consolidation) and refer
the same to any other Settlement Officer (Consolidation) for disposal. On
receipt of the report of the Consolidation Naib-Tehsildar under section 41, the
Consolidation Tehsildar shall hear the parties and take such further evidence
as he considers necessary and decide the objections on merits. The decision
shall be announced in the presence of the parties or at a time notice of which
shall have been given to them and the parties, if present, shall put their
signatures or thumb-impressions in token of the same. The
provisions of Chapter IV of the Jammu and Kashmir Land Revenue Act, Svt. 1996
and the Government Orders issued thereunder, to the extent to which they are
inconsistent to, or are not covered by these rules, shall not be applicable to
the preparation of a new estate map, Khasra Girdawari and the record of rights
under section 32. If
any area belonging to one estate is situated within the boundary of another
estate, the Settlement Officer (Consolidation) shall take steps to integrate
the former area with the latter estate after obtaining orders of the Government
under section 3(l)(c) of the Jammu and Kashmir Land Revenue Act, Svt. 1996. Where
area hitherto belonging to more than one estate have been integrated to form
another estate, or a part of the estate has been constituted as a separate
estate under section 3(1 )(c) of the Jammu and Kashmir Land Revenue Act, Svt.
1996, the Settlement Officer (Consolidation) shall cause to be prepared only
one set of estate map, Khasra Girdawari and record-of-rights for such an area. Where
during consolidation proceedings only one set of records has to be prepared for
the area belonging to more than one estate, the plots belonging to different estates shall be distinguished
by suitable Urdu alphabetical prefixes. (1)
The Settlement Officer (Consolidation)
may issue a proclamation directing all tenure-holders to erect within thirty
days such boundary marks or lines as he may consider necessary to define the
limits of Chaks. In default of compliance within the time specified in the
proclamation, he may cause such boundary marks or lines to be erected. (2)
Where necessary, the boundary marks to
define the limits of the estates shall be erected by the Government. (3)
The cost of erection shall be
calculated at the rate of Re. 1 for every 50 yards or part thereof of such
boundry line. Half the cost shall be payable by each of the adjoining
tenure-holder concerned. The Collector shall recover the cost of erection from tenure-holders
concerned as arrears of land revenue. (4)
A Jamabandi of the cost of erection of
boundary marks or lines shall be prepared in Form 31 in duplicate. After
checking by the Consolidation Naib-Tehsildar, it shall be handed over through
the Settlement Officer (Consolidation) to the Tehsildar having jurisdiction
for realization as arrears of land revenue. The
Settlement Officer (Consolidation) shall cause to be prepared an estate map,
Khasra Girdawari and Jamabandi for each estate in respect of the consolidation
area- (a)
included in the scheme of
consolidation and incorporated in the Statement of Proposals as confirmed by
the Settlement Officer (Consolidation), under section 30 and also included in
the allotment orders in Form 27; and (b)
excluded from the scheme of
consolidation and shown in Form 40 prepared under rule 64. Omitted.[8] The
Consolidation Patwari shall ensure that boundaries of Chaks, and of land set
apart for public purpose and also of land vested in the Government are
correctly shown in the map according to the Consolidation Scheme. Mistakes
detected shall be brought to the notice of the Consolidation Girdawar for
correction. The
Consolidation Patwari shall also examine the conventional signs shown in the
map and make necessary corrections in accordance with the signs prescribed in
the Appendix attached to these Rules. Where
portions of a plot are held in different tenures; the Consolidation Patwari
shall indicate each portion by a dotted line on the map. In such cases no
separate numbering will be necessary for sub-division of a plot. Each portion
shall be indicated by a separate Urdu alphabetical suffix. After
the map has been brought up to date in accordance with the provisions of the
foregoing rules, it shall form the basis of re-numbering. The
inner boundaries of all plots or lands set apart for public purposes or of
lands vested in the Government shall be crossed out on the estate map and the
area numbered as single plot as far as possible. Note.-The
inner boundaries of plots comprised in a Chak shall not be crossed out while
renumbering, except as otherwise required by the Director of Consolidation. The
Consolidation Girdawar shall check cent per cent and the Consolidation
Naib-Tehsildar 25 per cent of the work done by the Consolidation Patwari under
rules 65 to 68. After
the checking has been completed, the Consolidation Patwari shall renumber the
plots in pencil on the basic map. The same shall be checked by the
Consolidation Girdawar before being inked in red. (1)
The re-numbering of plots shall be
done in one continuation for the whole of the estate except as provided in
sub-rule (2). (2)
Where the Consolidation area is only a
part of the estate, it shall be re-numbered independently of the other part
consisting of the non-consolidation area. The Financial Commissioner shall be informed of the position for such action as he considers
necessary with regard to the non-consolidation area. (3)
Re-numbering shall start from the
north-west corner and end at the south-east corner of the estate. Plots within
a Chak if numbered shall be numbered in a contiguous serial. The serial number
of the Chak, which shall be the serial number of statement in Form 20 (Part II)
shall be shown neatly, as far as possible, in the middle of the Chack in
figures bolder than the serial number of the plots and will be encircled. If
there are more Chaks than one allotted to a tenure-holder in an estate, where
internal numbering of the plots within a Chak has been maintained, they shall
be indicated separately by affixing Urdu alphabets after the serial number of
the Chak. "Kudan"
numbers must be avoided, but if there are any, a note about them shall be made
on the margin of the map. The
Consolidation Girdawar shall thereafter cause a fair copy of the map to be
traced out showing new plot numbers and their final boundaries. The fair copy
of the map will be compared and checked by the Consolidation Naib-Tehsildar and
signed by the Settlement Officer (Consolidation) whose designation will be
mentioned below his signatures. The Chak boundaries will be in thicker lines
than the boundaries of plots but in thinner lines than the boundary of the
estate. The line showing the boundaries of Chaks will be so drawn that half its
thickness ties in one Chak and the other half in the other Chak. The
inner edge of the estate boundary shall indicate the actual boundary of the
estate. All conventional signs shall also be made neatly and headings written
accurately. After
the re-numbering has been done and checked by the Consolidation Girdawar and
the Consolidation Naib-Tehsildar, the Con solidation Patwari shall prepare a
comparative list of old and new numbers, the "Fard Mutabaqat" in
duplicate in Form 41. The old number shall be the same as recorded in Forms 25
and 40 and other relevant records. If old plots are found without the exact
corresponding number or vise versa on account of old fields becoming barren,
breaking up of new land, fluvial action of river or mistake of land records etc., the corresponding number will be written and
reason will be entered in remarks column. Thereafter
the Consolidation Patwari shall prepare in duplicate "Khasra
Mutabaqat" in Form 42 in the sequence of new numbers showing details of
soil classification also. [9][In
remarks column of the said form, it shall be mentioned against each plot
whether the same has been included in or excluded from the scheme of
consolidation.] The
"Fard Mutabaqat", and "Khasra Mutabaqat" shall be checked
cent per cent by the Consolidation Girdawar, 25 per cent by the Consolidation
the Naib-Tehsildar and 5 per cent by the Consolidation Tehsildar. (1)
Before proceeding to prepare the new Jamabandi,
the Consolidation Patwari shall prepare a preliminary Jamabandi in Form 43. (2)
The preliminary Jamabandi will be
subject to the following checks :- (i)
the area in column 7 should tally with
the total area shown in Form 27 (Parts I and II); (ii)
the total area shown in column 10
should tally with the total area in Form 40; (iii)
the total of columns 7 and 10 should
tally with the entire area of the estate. (3)
The preliminary Jamabandi shall be
checked cent per cent by the Consolidation Girdawar and 25 per cent by the
Consolidation Naib-Tehsildar. The
preliminary Jamabandi prepared under rule 77 shall be published in the estate
and objections, if any, shall be filed before the Consolidation Naib-Tehsildar
within 10 days of the date of publication only on the ground that the entries
are against the allotment orders contained in Form 27 [10][xxx].
The orders of the Consolidation Naib-Tehsildar on all such objections shall be
final. After
objections against the entries in the preliminary Jamabandi have been disposed
of, the Consolidation Patwari shall prepare Jamabandi in Form 45, Jamabandi
Darktan, Index Radifwar and Shajra Nasab on the basis of the preliminary
Jamabandi and other relevent records.][11] The
Jamabandi prepared by the Consolidation Patwari shall be checked cent per cent
by the Consolidation Girdawar; 25 per cent of the entries shall be checked by
the Consolidation Naib-Tehsildar and 5 per cent by the Consolidation Tehsildar.
One fair copy of the Jamabandi shall also be prepared. After
the Jamabandi has been prepared, new Khewat, Khata number shall be entered in
column 5 of Khasra Mutabaqat. All
cuttings and overwriting in the Fard Mutabaqat and Khasra Mutabaqat and the
Jamabandi shall be signed and dated by the person responsible for such cuttings
and overwritings, and also by the Consolidation Naib-Tehsildar. There shall be
no erasures anywhere. An errata list in respect of each of the records
mentioned above shall be prepared by the Consolidation Patwari in Form 10 and
shall be attested by the Consolidation Girdawar. It shall also be signed by the
Consolidation Naib-Tehsildar. Such a list shall be attached to each copy of the
record when it is bound. (1)
As soon as may be, the Settlement
Officer (Consolidation) shall issue a notice asking those members of the public
who want to purchase copies of the estate maps which are proposed to be
produced mechanically or otherwise to apply for them by a date to be fixed by
the Settlement Officer (Consolidation). The Settlement Officer (Consolidation)
shall also indicate in the notice the charges fixed for the supply of each
copy. (2)
From the map prepared under rule 73
the following number of copies will be reproduced mechanically or otherwise :- (a) for revenue and land record purposes ... two blue prints, 6 copies on cloth and four copies on paper; (b) for sale ... four copies on cloth, or more if the Settlement Officer
(Consolidation) so decides taking into consideration the local requirements,
in addition to the number actually asked for. (3)
The map prepared under rule 73
together with two blue prints shall be forwarded to the Director of Land
Records. (4)
The Settlement Officer (Consolidation)
shall cause the lines of demarcation of the existing soil classes marked in
thick red lines on a cloth copy of the map of every estate. He shall also cause
suitable alphabets indicating the name of the soil class to be written boldly
in red over each kind of soil. (5)
The map of soil-classification
prepared under sub-rule (4) shall be checked and signed by the Settlement
Officer (Consolidation). (6)
The map showing soil-classification
and all other maps shall be made over to the Collector. The
list of cuttings and overwritings, the 'Fard Mutabaqat' the 'Khasra Mutabaqat'
and the Jamabandi prepared under the foregoing rules shall be signed by the
Settlement Officer (Consolidation) before being bound in a Consolidation
Volume. The two Volumes shall be delivered to the Collector and thereafter the
Director of Consolidation shall move the Government to issue a notification
under section 61 that consolidation operations have been closed in the estate. (1)
Where a joint scheme of consolidation
has been prepared for any area, belonging to more than one estate, the
Consolidation Naib-Tehsildar shall cause to be prepared a statement in Form 44
showing- (a)
the land revenue or rent and 'Parta
Qisimwar' in each such estate pertaining to a tenure-holder in each class of
tenure; (b)
the 'Parta Qisimwar' allotted to such
a tenure-holder in each class of tenure in each such estate; (c)
the future land revenue or rent
payable in each class of tenure in each such estate by the tenure-holder
calculated in accordance with the principle that such land revenue or rent
shall bear the same proportion to the total land revenue or rent paid in that
class of tenure in all such estates as the 'Parta Qisimwar' allotted in that
class of tenure bears to the total of the 'Parta Qisimwar' held by him in that
class in all such estates. Note.
?
'Parta Qisimwar' of such plots only as have been under consolidation shall be
taken into account. (2)
The statement shall be checked cent
per cent by the Consolidation Girdawar, 20 per cent by the Consolidation
Naib-Tehsildar and 5 per cent by the Consolidation Tehsildar. It shall then be
published in the estate, as soon as may be, after the publication of
preliminary Jamabandi provided in rule 78. Objection made by any person concerned
with any entry therein, if made within 10 days of the date of publication,
shall be heard and finally decided by the Consolidation Naib-Tehsildar,
subject, however, to the confirmation of the statement by the Settlement
Officer (Consolidation). (3)
As soon as the statement in Form 14
has been confirmed by the Settlement Officer (Consolidation), entries shall be
made accordingly in the Jamabandi prepared under rule 79 for each such estate. The
Government shall determine the manner in which the records of all cases and
proceedings dealt with under the Act shall be disposed of. (1)
Extracts from the records of the basic
year or those published under section 11 shall be issued by the Consolidation
Patwari. His remuneration for the issue of such extracts shall be the same as
prescribed for non-consolidation estates. (2)
An application for a copy of the
Statement of Principles prepared under section 22 shall be made to the
Consolidation Naib-Tehsildar with a stamp of Rs. 2.50 for each copy. (3)
A copy of an allotment order in Form
27 may be issued by the Consolidation Patwari on payment to him as his
remuneration a fee of Re. 0.25 per copy. (4)
Application for copies of maps and
final documents prepared under the provisions of the Act not covered by
sub-rule (1), (2) or (3) shall be made to the Consolidation Naib-Tehsildar or
in respect of copies of judgment, statement etc., forming part of judicial
proceedings, shall be made to the Presiding Officer of the court concerned and
shall be charged for according to the usual scale of fee. The
Director of Consolidation shall exercise the powers of supervision and
superintendence over the staff employed in the consolidation organisation and
may for that purpose issue such directions as he may consider necessary. An
application under section 55 shall be drawn up and presented by the applicant
or his pleader to the Director or to such other officer as he may appoint in
this behalf. It shall be accompanied by a copy of the decree or the order in
respect of which the application is made, and by the copy of the judgment, if
any, upon which the decree or the order is founded. Copies of decree or orders
of Judgments of other subordinate authorities shall not be required to be filed
unless, for special reasons, filing of these documents is also considered
necessary by the Director. [1] Substituted for "Khasra (Form 13)" by SRO 28
dated 19.1.1974. [2] Certain words omitted ibid. [3] Rule 20 substituted by SRO174, Dated 15.4.1975. [4] Sub-rule (1) substituted by SRO 28, Dated 19.1.1974. [5] Rule 24 omitted by SRO 28, Dated 19.1.1974. [6] Rule 34 substituted by SRO 28, Dated 19.1.1974. [7] Words added by SRO 28, Dated 19.1.1974. [8] Rule 64 omitted by SRO 28, Dated 19.1.1974. [9] Added by SRO 28, Dated 19.1.1974. [10] Certain words omitted by SRO 28, Dated 19.1.1974. [11] Rule 79 substituted by SRO 28, Dated 19.1.1974. JAMMU
AND KASHMIR CONSOLIDATION OF HOLDINGS RULES, 1962
PREAMBLE