THE UTTAR PRADESH JOT CHAKBANDI (SANSHODHAN)
ADHINIYAM, 1962[1] [Act
No. 08 of 1963] An Act to
amend the U.P. Consolidation of Holdings Act, 1953 (U.P. Act V of 1954), for
the purposes hereinafter appearing It is hereby enacted in the
Thirteenth Year of the Republic of India as follows: (1)
This Act may be called the Uttar Pradesh Jot
Chakbandi (Sanshodhan) Adhiniyam, 1962. (2)
It extends to the whole of Uttar Pradesh. In section 3 of the Uttar
Pradesh Consolidation of Holdings Act, 1953 (hereinafter called the principal
Act)- (1)
in clause (1), the words "and shall
include an Assistant Rectangulation Officer" shall be added after the
words "or the rules made there under" and before the semi-colon
occurring thereafter; (2)
the following shall be added as a new clause
(1-A) after clause (1):- "(1-A)
'chak' means the parcel of land allotted to a tenure-holder on
consolidation;" (3)
in clause (3) the words "and shall
include a Rectangulation Officer" shall be added after the words "or
the rules made there under" and before the semi-colon occurring
thereafter; (4)
in clause (3-A) the Words "and shall
include a Rectangulator and also, in areas under consolidation operations, the
Supervisor-Kanungo appointed under the Uttar Pradesh Land Revenue Act, 1901
(U.P. Act No. III of 1901), for that area" shall be added after the words
for the rules made there under" and before the semicolon occurring
thereafter; (5)
the following shall be added as a new clause
(3-B) after clause (3-A):- "(3-B)
'Consolidation Scheme' means the scheme of consolidation in a unit;" (6)
for clause (5), the following shall be
substituted:- "(5)
'Land' means land held or occupied for purposes connected with agriculture;
horticulture and animal husbandry (including pisciculture and poultry farming)
and includes- (i)
the site, being part of a holding, of a house
or other similar structure; and (ii)
trees, wells and other improvements existing
on the plots forming the holding;" and (7)
the following shall be added as a new clause
(8-A) after clause (8)- "(8-A)
'rectangulation' means the process of dividing the area of a unit into
rectangles and parts of rectangles of convenient size with a view to regulating
the allotment of chaks during consolidation; For section 4 of the
principal Act, the following shall be substituted:- "4.
Declaration and notification regarding consolidation. (1)
(a) The State Government may, where it is of
opinion that a district or part thereof may be brought, under consolidation
operations, make a declaration to that effect in the Gazette, whereupon it
shall become lawful for any officer or authority who may be empowered; in this
behalf by the District Deputy Director of Consolidation- (i)
to enter upon and survey, in connection with
rectangulation or otherwise, and to take levels of any land in such area; (ii)
to do all acts necessary to ascertain the
suitability of the area for consolidation operations. (b) The District Deputy
Director of Consolidation shall cause public notice of the declaration issued
under clause (a) to be given at convenient places in the said district or part
thereof. (2)
(a) When the State Government decides to
start consolidation operations, either in an area covered by a declaration
issued under sub-section (1) or in any other area, it may issue a notification
to this effect. (b) Every such notification
shall be published in the official Gazette and in each unit in the said
area." In section 6 of the
principal Act, the word "declaration" occurring in sub-sections (1)
and (2) and the marginal heading shall be substituted by the word "notification", In section 7 of the
principal Act for the words "a scheme of consolidation" the words
"the provisional Consolidation Scheme" shall be substituted. Revision of the field-book
and the current annual register; determination of valuations and shares in
joint holdings. "8.
For section 8 of the principal Act, the following shall be substituted: (1)
Upon the revision of the maps under section
7, the District Deputy Director of Consolidation shall, subject to the
provisions hereinafter contained, and in such manner as may be prescribed,
cause to be- (i)
revised, the field-book of the unit after
field to field partal, and the current annual register after its test and
verification-; (ii)
determined, in consultation with the
Consolidation Committee, the valuation of- (a)
each plot after taking into consideration its
productivity, location and availability of irrigation facilities, if any and (b)
all trees, wells and other improvements
existing in the plots for the purpose of calculating compensation therefor; (iii)
ascertained the share of each owner, if there
be more owners than one, out of the valuation determined under sub-clause (b)
of clause (ii); and (iv)
determined the shares of individual
tenure-holders in joint holdings for the purpose of effecting partition to
ensure proper consolidation. (2)
The District Deputy director of Consolidation
shall cause to be prepared a khasra chakbandi, in the form prescribed, in
respect of all the plots falling in the unit as also a statement showing the
mistakes and disputes, discovered during the test and verification of the
annual register and in the course of the field to field partal. After section 8 of the
principal Act, the following shall be added as a new section 8-A:- "8-A.
Preparation of Statement of Principles. (1)
The Assistant Consolidation Officer shall, in
consultation with the Consolidation Committee, prepare, in respect of each unit
under consolidation operations, a statement in the prescribed form (hereinafter
called the Statement of Principles) setting forth the principles to be followed
in carrying out the consolidation operations in the unit. (2)
The Statement of Principles shall also
contain:- (a)
details of areas, as far as they can be
determined at this stage, to be earmarked for extension of abadi including
areas for abadi site for Harijans and landless persons in the unit, and for
such other public purposes as may be prescribed; (b)
the basis on which the tenure-holders will
contribute land for extension of abadi and for other public purposes;and (c)
details of land to be earmarked for public
purposes out of land vested in a Gaon Sabha or a Local Authority under section
117 or section 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms
Act, 1950 (U.P. Act I of 1951)." Issue of extracts from
records and statements and publication of records mentioned in sections 8 and
8-A and the issue of notices for inviting objections. "9.
For section 9 of the principal Act, the following shall be substituted:- (1)
Upon the preparation of the records and the
statements mentioned in sections 8 and 8-A, the Assistant Consolidation Officer
shall- (a)
correct the clerical mistakes, if any, and
send, or cause to be sent, to the tenure-holders concerned and other persons
interested, notices containing relevant extracts from the current annual
register and such other records as may be prescribed showing- (i)
their rights in and liabilities in relation
to the land; (ii)
mistakes and disputes discovered under
section 8 in respect thereof; (iii)
specific shares of individual tenure-holders
in joint holdings for the purpose of effecting partitions, where necessary, to
ensure proper consolidation; (iv)
valuation of the plots; and (v)
valuation of trees, wells and other
improvements for calculating compensation therefor and its apportionment
amongst owners, if there be more owners than one; (b)
publish in the unit the current khasra and
the current annual register, the khasra chakbandi, the Statement of Principles
prepared under section 8-A, and any other records that may be prescribed to
show, inter alia, the particulars referred to in clause (a). (2)
Any person to whom a notice under sub-section
(1) has been sent, or any other person interested may, within 21 days of the
receipt of notice, or of the publication under sub-section (1), as the case may
be, file, before the Assistant Consolidation Officer, objections in respect
thereof disputing the correctness or nature of the entries in the records or in
the extracts furnished therefrom, or in the Statement of Principles, or the
need for partition." After section 9 of the
principal Act, the following shall be added as new sections 9-A, 9-B and 9-C:- "9-A.
Disposal of cases relating to claims to land and partition of joint holdings (1)
The Assistant Consolidation Officer shall- (i)
where objections in respect of claims to land
or partition of joint holdings are filed, after hearing the parties concerned,
and (ii)
where no objections are filed, after making
such enquiry as he may deem necessary, settle the disputes, correct the
mistakes and effect partition as far as may be by conciliation between the
parties appearing before him and pass orders on the basis of such conciliation. (2)
All cases which are not disposed of by the
Assistant Consolidation Officer under sub-section (1), all cases relating to
valuation of plots and all cases relating to valuation of trees, wells or other
improvements, for calculating compensation therefor, and its apportionment
amongst co-owners, if there be more owners than one, shall be forwarded by the
Assistant Consolidation Officer to the Consolidation Officer, who shall dispose
of the same in the manner prescribed. (3)
The Assistant Consolidation Officer, while
acting under sub-section (1) and the Consolidation Officer, while acting under
sub-section (2), shall be deemed to be a court of competent jurisdiction,
anything to the contrary contained in any other law for the time being in force
notwithstanding." "9-B.
Disposal of objections on the Statement of Principles. (1)
Where objections have been filed against the
Statement of Principles under section 9, the Assistant Consolidation Officer
shall, after affording opportunity of being heard to the parties concerned and
after taking into consideration the views of the Consolidation Committee,
submit his report to the Consolidation Officer, who shall dispose of the
objections in the manner prescribed. (2)
Where no objections have been filed against
the Statement of Principles within the time provided therefor under section 9,
the Consolidation Officer shall, with a view to examining its correctness, make
local inspection of the unit, after giving due notice to the Consolidation
Committee, and may thereafter make such modifications or alterations in the
Statement of Principles as he may consider necessary. (3)
Any person aggrieved by an order of the
Consolidation Officer under sub-section (1), or sub-section (2), may, within 21
days of the date of the order, file an appeal before the Settlement Officer,
Consolidation, whose decision, except as otherwise provided by or under this
Act, shall be final. (4)
The Consolidation Officer and the Settlement
Officer, Consolidation, shall, before deciding an objection or an appeal, make
local inspection of the unit after giving due notice to the parties concerned
and the Consolidation Committee." "9-C.
Partition of joint holdings. (1)
The Assistant Consolidation Officer, or the
Consolidation Officer, may partition joint holdings under section 9-A,
notwithstanding anything to the contrary contained in section 178 of the Uttar
Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act I of 1951), or
any other law, and may also partition the same suo moto. (2)
The partition of joint holdings shall be
effected on the basis of shares, provided that where the tenure-holders
concerned agree, it may be effected on the basis of specific plots." For section 10 of the
principal Act, the following shall be substituted:- "10.
Preparation and maintenance of revised annual registers, (1)
The annual register shall be revised on the
basis of the orders passed under sub-section (1) and sub-section (2) of section
9-A. It shall thereafter be prepared in the form prescribed and published in
the unit. (2)
Where any entry in the annual register,
published under sub-section (1), is modified in pursuance of an order passed
under this Act or under any other law, a reference to the order along with an extract
of its operative portion shall be noted against the said entry." For section 11 of the
principal Act the following shall be substituted:- "11. (1)
Any party to the proceedings under section 9-A, aggrieved by an order of the
Assistant Consolidation Officer or the Consolidation Officer under that
section, may, within 21 days of the date of the order, file an appeal before
the Settlement Officer, Consolidation, who shall, after affording opportunity
of being heard to the parties concerned, give his decision thereon which,
except as otherwise provided by or under this Act, shall be final and hot be
questioned in any court of law. (2) The Settlement Officer
Consolidation, hearing an appeal under sub-section (1) shall be deemed to be a
Court of competent jurisdiction, anything to the contrary contained many law
for the time being in force not with standing." For section 11-A of the
principal Act, the following shall be substituted:- "11-A.
Bar on objections No question in respect of- (i)
claims to land, (ii)
partition of joint holdings, and (iii)
valuation of plots, trees, wells and other
improvements, where the question is sought to be raised by a tenure-holder of
the plot or the owner of the tree, well or other improvements recorded in the
annual register under section 10, relating to the consolidation area,
which might or ought to have been raised under section 9, but has not been so
raised, shall be raised or heard at any subsequent stage of the consolidation
proceedings." Decision of matters relating
to changes and transactions affecting rights or interests recorded in revised
records. Section 11-B of the
principal Act shall be deleted. "12.
For section 12 of the principal Act, the following shall be substituted:- (1)
All matters relating to changes and transfers
affecting any of the rights or interests recorded in the revised records
published under sub-section (1) of section 10 for which a cause of action had
not arisen when proceedings under sections 7 to 9 were started or were in
progress, may be raised before the Assistant Consolidation Officer as and when
they arise, but not later than the date of notification under section 52, or
under sub-section (1) of section 6. (2)
The provisions of sections 7 to 11 shall,
mutatis mutandis, apply to the hearing and decision of any matter raised under
sub-section (1) as if it were a matter raised under the aforesaid
sections." In clause (a) of sub-section
(1) of section 12-A of the principal Act, the words and figures "sections
7 to 11 and 12 of" shall be deleted. Sections 12-B and 12-C of
the principal Act shall be deleted. For section 12-D of the
principal Act, the following shall be substituted:- "12-D.
Amalgamation of holdings Two or more tenure-holders may, at any time, before
the publication of the revised annual register under sub-section (1) of section
10, apply to the Consolidation Officer to amalgamate their holdings of like
tenure on such terms as may be agreed upon between them. The Consolidation
Officer may, if the proposed amalgamation is in the interest; of consolidation,
give effect to the same." Sections 13, 13-A, 13-B,
13-C, 13-D, 14, 16, 17 and 18 of the principal Act shall be deleted. For section 19 of the
principal Act, the following shall be substituted;- "19.
Conditions to be fulfilled by a Consolidation Scheme. (1)
A Consolidation Scheme shall fulfill the
following conditions, namely, (a)
the rights and liabilities of a
tenure-holder, as recorded in the annual register prepared under section 10,
are, subject to the deductions, if any, made on account of contributions to
public purposes under this Act, secured in the lands allotted to him; (b)
the valuation of plots allotted to a
tenure-holder, subject to deductions, if any, made on account of contributions
to public purposes under this Act, is equal to the valuation of plots
originally held by him; Provided that, except with
the permission of the Director of Consolidation, the area of the holding or
holdings allotted to a tenure-holder shall not differ from the area of his
original holding or holdings by more than twenty-five per cent of the latter; (c)
the compensation determined under the
provisions of this Act, or the rules framed thereunder, is awarded- (1)
to the tenure-holder- (i)
for trees, wells and other improvements,
originally held by him and allotted to another tenure-holder, and (ii)
for land contributed by him for public
purposes; (2)
to the Gaon Sabha, or any other local
authority, as the case may be, for development, if any, effected by it in or
over land belonging to it and allotted to a tenure-holder; (d)
the principles laid down in the Statement of
Principles are followed; (e)
every tenure-holder is, as far as possible,
allotted a compact area at the place where he holds the largest part of his
holding: Provided that no
tenure-holder may be allotted more chaks than three, except with the approval
in writing of the Deputy Director of Consolidation: Provided further that no
consolidation made shall be invalid for the reason merely that the number of
chaks allotted to a tenure-holder exceeds three; (f)
every tenure-holder is, as far as possible,
allotted the plot on which exists his private source of irrigation or any other
improvement, together with an area in the vicinity equal to the valuation of
the plots originally held by him there; and (g)
every tenure-holder is, as far as possible,
allotted chaks in conformity with the process of rectangulation in
rectangulation units. (2)
A Consolidation Scheme before it is made
final under section 23, shall be provisionally drawn up in accordance with the
provisions of section 19-A." After section 19 of the
principal Act, the following shall be added as a new section 19-A:- "19-A.
Preparation of provisional Consolidation Scheme by the Assistant Consolidation
Officer. (1)
The Assistant Consolidation Officer shall in
consultation with the Consolidation Committee, prepare in the form prescribed a
provisional Consolidation Scheme for the unit. (2)
Notwithstanding anything contained in this
Act, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act
I of 1951), or any other law for the time being in force, it shall be lawful
for the Assistant Consolidation Officer, where in his opinion it is necessary
or expedient so to do, to allot to a tenure-holder, after determining its
valuation, any land vested in the Gaon Sabha, or any other local authority, as
a result of notification issued under section 117 or 117-A of the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act I of 1951): Provided that where any such
land is used for a public purpose, it shall be allotted only after the
Assistant Consolidation Officer has declared in writing that it is proposed to
transfer the rights of the public as well as of all individuals in or over that
land to any other land specified in the declaration and earmarked for that
purpose in the provisional Consolidation Scheme." For section 20 of the
principal Act, the following shall be substituted:- "20.
Publication of the provisional
Consolidation Scheme and receipt of objections thereon. (1)
Upon the preparation of the provisional
Consolidation Scheme, the Assistant Consolidation Officer shall send, or cause
to be sent, to the tenure-holders concerned and persons interested, notices
containing relevant extracts therefrom. The provisional Consolidation Scheme
shall thereafter be published in the unit. (2)
Subject to the provisions contained in
section 11-A, any person to whom notice has been sent under sub-section (1),
and any other person affected by the provisional Consolidation Scheme,
disputing the propriety or correctness of the entries in the provisional
Consolidation Scheme or in the extracts furnished therefrom, may, within
fifteen days of the receipt of the notice, or of the date of the publication of
the provisional Consolidation Scheme, as the case may be, file an objection
before the Assistant Consolidation Officer or the Consolidation Officer. (3)
Any person affected, or any person having any
interest or right, in addition to the right of public highway, in or over any
public land, or having other interest or right which is substantially
prejudiced by the declaration made under sub-section (2) of section 19-A, may
within fifteen days after the publication of the provisional Consolidation
Scheme, file an objection before the Assistant Consolidation Officer or the
Consolidation Officer stating the nature of such interest or right." In section 21 of the
principal Act- (1)
in sub-section (2) the figure "21"
shall be substituted by the figure "15"; (2)
for sub-sections (3) and (4) the following
shall be substituted:- Disposal of objections to
the provisional Consolidation Scheme. "(3)
The Consolidation Officer shall, before deciding the objections, and the
Settlement Officer, Consolidation, may, before deciding an appeal, make local
inspection of the plots in dispute after notice to the parties concerned and
the Consolidation Committee. (4) If, during the course of the disposal of an
objection or the hearing of an appeal, the Consolidation Officer or the
Settlement Officer, Consolidation, as the case may be, is of the opinion that
material injustice is likely to be caused to a number of tenure-holders in
giving effect to the provisional Consolidation Scheme, as prepared by the
Assistant Consolidation Officer, or as subsequently modified by the
Consolidation Officer, as the case may be, and that a fair and proper allotment
of land to the tenure-holders of the units is not possible without revising the
provisional Consolidation Scheme, or getting a fresh one prepared, it shall be
lawful, for reasons to be recorded in writing, for- (i)
the Consolidation Officer to revise the
provisional Consolidation Scheme, after giving opportunity of being heard to
the tenure-holders concerned, or to remand the same to the Assistant
Consolidation Officer, with such directions as the Consolidation Officer may
consider necessary; and (ii)
the Settlement Officer, Consolidation, to
revise the provisional Consolidation Scheme, after giving opportunity of being
heard to the tenure-holders concerned or to remand the same to the Assistant
Consolidation Officer, or the Consolidation Officer, as the Settlement Officer,
Consolidation may think fit, with such directions as he may consider
necessary"; and (3)
sub-sections (5) and (6) shall be deleted. Section 22 of the principal
Act shall be deleted. For section 23 of the
principal Act, the following shall be substituted:- "23.
Confirmation of the provisional Consolidation Scheme and the issue of allotment
orders. (1)
The Settlement Officer, Consolidation shall
confirm the provisional Consolidation Scheme- (a)
if no objections are filed within the time
specified in section 20; or (b)
where such objections are filed, after such
modifications or alterations as maybe necessary in view of the orders passed
under sub-sections (1) to (4) of section 21. (2)
The provisional Consolidation Scheme so
confirmed shall be published in the unit and, except as otherwise provided by
or under this Act, shall be final. (3)
(i) Where the allotments made under section
19-A are not modified under section 21 and are confirmed under sub-section (1),
the extracts contained in the notice issued under section 20, shall be treated
as final allotment orders for the tenure-holders concerned. (ii) In cases not covered by
clause (i), revised extract specifying the modified allotments, as confirmed
under sub-section (1), shall be issued by- (a)
the Consolidation Officer, where the
allotments are not modified by the Settlement Officer, Consolidation, and (b)
by the Settlement Officer, Consolidation,
where he has modified the allotments, and the same shall be the final allotment
orders for the tenure-holders concerned." In section 24 of the
principal Act- (1)
in sub-section (1) for the words "Scheme
of Consolidation", occurring between the words "from which the"
and the words "shall come into force", the words "final
Consolidation Scheme" shall be substituted; and (2)
in sub-section (2), for the words
"Scheme of Consolidation" the words "final Consolidation
Scheme" shall be substituted, and, between the words "shall be
liable" and the words "and pay to the former tenure-holder
thereof" the words "for the payment of" shall be inserted. For sub-section (1) of
section 27 of the principal Act, the following shall be substituted:- "(1)
As soon as may be, after the final
Consolidation Scheme has come into force, the District Deputy Director of
Consolidation shall cause to be prepared for each village, a new map,
field-book and record of rights in respect of the consolidation area, on the
basis of the entries in the map, as corrected under section 7, the khasra
chakbandi, the annual register prepared under section 10 and the allotment
orders as finally made and issued in accordance with the provisions of this
Act. The provision of the Uttar Pradesh Land Revenue Act, 1901 (UP. Act III of
1901), shall, subject to such modifications and alterations as may be
prescribed, be followed in the preparation of the said map and records." For section 28 of the
principal Act, the following shall be substituted:- "28.
Delivery of possession. (1)
The Assistant Consolidation Officer, on the
application of the tenure-holder or the Land Management Committee, to whom chak
or lands have been allotted under the final Consolidation Scheme, may, within
six months of the date on which the said Scheme has come into force, put the
tenure-holder or the Land Management Committee, as the case may be, in actual
physical possession of the chak or lands allotted to the applicant, and for so
doing shall have all the powers, including powers as regards contempt,
resistance and the like as are exercisable by a civil court in execution of a
decree for delivery of possession of immovable property: Provided that the delivery
of possession as aforesaid shall not affect the right of the person from whom
possession is transferred to tend and gather the crops standing on such chaks
or land or part thereof, on the date of the delivery, unless the Assistant
Consolidation Officer decides, for reasons to be recorded, that the possession
over the crop also shall be delivered: Provided further that the
person tending and gathering the standing crop, in accordance with the first
proviso, shall be liable to pay to the persons who has been allotted the chak,
or lands, compensation for the use of the land at such rate and in such manner
as may be prescribed. (2)
On the expiry of six months from the date on
which a tenure-holder or Land Management Committee became entitled to enter
into possession of the chak or lands allotted, whether before or after the
coming into force of the Uttar Pradesh Consolidation of Holdings (Amendment)
Act, 1962, or on the expiry of six months from the date of the coming into
force of that Act, whichever is later, the tenure-holder or the Land Management
Committee, as the case may be shall, unless possession has been obtained
earlier, be deemed to have entered into actual physical possession of the
allotted chak or lands: Provided that the fact that
a tenure-holder or Land Management Committee has thus entered into possession
shall not affect the right of the person from whom possession is deemed to have
been transferred to tend and gather the crop standing on the chak or lands, or
part thereof, on the date of the expiry of the period of six months
aforesaid". In section 29 of the
principal Act, the following shall be added as sub-section (1-A) after
sub-section (1) thereof: "(1-A)
Any person aggrieved by an order under sub-section (1) may, within fifteen days
of the date of the order, prefer an appeal before the Consolidation Officer,
whose decision thereon shall be final", After section 29-A of the
principal Act, the following shall be added as a new section 29-AA: "29-AA.
Reduction of land revenue on account of contribution of land for public
purposes. (1)
Where, as a result of contribution for public
purposes under the provisions of section 8-A, the area of the original holding
of a tenure-holder is reduced, the land revenue payable for the holding shall
be reduced by the Assistant Consolidation Officer in the same proportion as the
area so contributed bears to the original total area of the holding, and the
reduced land revenue shall be shown in the provisional Consolidation Scheme. (2)
A tenure-holder aggrieved by the reduction
made under sub-section (1) may, within 15 days of the date of publication of
the provisional Consolidation Scheme under section 20, file an objection before
the Assistant Consolidation Officer or the Consolidation Officer for getting
the reduction of the land revenue determined in accordance with the provisions
of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act
10, 1951)." For section 29-B of the
principal Act, the following shall be substituted: 29-B.
Compensation for land contributed by tenure-holders for public purposes (1)
(a) Every tenure-holder, any part of whose
holding has been contributed for public purposes under this Act, shall be paid
for the land so contributed, compensation equal to- (i)
in the case of the land of a bhumidhar, four
times, and (ii)
in the case of the land of a sirdar, two
times of the land (b) In the case of trees,
wells and other improvements, falling within the land so contributed, the
amount of compensation shall be determined in accordance with the provisions of
section 19. (2)
The compensation payable to a tenure-holder
shall, after adjustment of the cost of operations under this Act, if any, be
paid to him in cash. (3)
Where any land, in respect of which
compensation is paid under sub-section (1), is in the occupation of an asami,
there shall be paid to the asami, out of the compensation payable to the
bhumidhar or sirdar, as the case may be, an amount equal to 5 per cent of such
compensation in respect of the right, title and interest of the asami
therein." For sub-section (1) of
section 29-C of the principal Act, the following shall be substituted: "(1)
Vesting of land contributed for public
purposes. The land contributed for
public purposes under this Act shall, with effect from the date on which the
tenure-holders became entitled to enter into possession of the chaks allotted
to them under the provisions of this Act as amended from time to time, vest and
be always deemed to have vested in the Gaon Sabha and shall be utilised for the
purpose for which it was earmarked in the final Consolidation Scheme, or, in
case of failure of that purpose, for such other purposes as may be
prescribed." For section 30 of the
principal Act, the following shall be substituted: "30.
Consequences which shall ensue on exchange of possession. With effect from the date on
which a tenure-holder enters, or is deemed to have entered into possession of
the chak allotted to him, in accordance with the provisions of this Act, the
following consequences shall ensue - (a)
the rights, title, interest and liabilities- (i)
of the tenure-holder entering, or deemed to
have entered, into possession, and (ii)
of the former tenure-holder of the plots
comprising the chak, in their respective original holdings shall cease; and (b)
the tenure-holder entering into possession,
or deemed to (c)
lands vested in the Gaon Sabha, or any local
authority, and allotted to the tenure-holder shall be deemed to have been
resumed by the State Government under the provisions of section 117 or section
117-A, as the case may be, of the Uttar Pradesh Zamindari Abolition and Land
Reforms Act, 1950 (U.P. Act I of 1951), and settled with the tenure-holder; (d)
the rights of the public as well as all individuals
in or over land included in a chak following a declaration made under the
proviso to sub-section (2) of section 19-A shall cease and be created in the
land specified for the purpose in the final Consolidation Scheme; and (e)
the encumbrances, if any, upon the original
holding of the tenure-holder entering, or deemed to have entered, into
possession, whether by way of lease, mortgage or otherwise, shall, in respect
of that holding, cease, and be created on the holdings, or on such part
thereof, as may be specified in the final Consolidation Scheme." Section 31 of the principal
Act shall be deleted. For section of the principal
"Act, the following shall be substituted: "32.
Power to transfer holdings A transfer, whether by exchange or otherwise, of
rights, title, interest and liabilities of tenure-holders in their holdings,
involved in giving effect to the final Consolidation Scheme affecting them
shall, notwithstanding anything contained in the Uttar Pradesh Land Revenue
Act, 1901 (U.P. Act III of 1901), and the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 (U.P. Act I of 1951), be valid, and no tenure-holder or
other person shall be entitled to object to or interfere with any such
transfer." In section 33 of the
principal Act- (1)
for sub-section (1), the following shall be
substituted: "(1)
The State Government shall fix the amount
of cost of the operations conducted under the Act and shall recover from the
tenure-holders of the unit such part thereof and in such manner as may be
prescribed"; and (2)
in sub-section (2), for the word,
"consolidation", the words, "the said operations", shall be
substituted. Sections 34 and 35 of the
principal Act shall be deleted. For sub-section (1) of
section 42 of the principal Act the following shall be substituted: "42.
(1) The State Government may appoint such authorities and officers, and for
such areas, as may be necessary, to give effect to the provisions of this
Act." Section 43 of the principal
Act shall be deleted. For section 48 of the
principal Act, the following shall be substituted:- "48.
Revision and reference (1)
The Director of Consolidation may call for
and examine the record of any case decided or proceedings taken by any
subordinate authority for the purpose of satisfying himself as to the
regularity of the proceedings; or as to the correctness, legality or propriety
of any order passed by such authority in the case or proceedings and may, after
allowing the parties concerned an opportunity of being heard, make such order
in the case or proceedings as he thinks fit. (2)
Powers under sub-section (1) may be exercised
by the Director of Consolidation also on a reference under sub-section (3). (3)
Any authority subordinate to the Director of
Consolidation may, after allowing the parties concerned an opportunity of being
heard, refer the record of any case or proceedings to the Director of
Consolidation for action under sub-section (1)." [***] In section 49 of the
principal Act, the word "declaration" occurring between the words
"for which a" and the words "has-been issued" shall be
substituted by the word "notification". For section 51 of the
principal Act, the following shall be substituted:- "51.
Instrument not necessary to effect transfer Notwithstanding anything contained
in any other law for the time being in force, no instrument in writing shall be
necessary for effecting a transfer of holdings involved in giving effect to a
final Consolidation Scheme nor shall any such instrument, if executed, require
registration." In section 52 of the
principal Act- (1)
the existing section shall be numbered as
sub-section (1) and a colon shall be substituted for the full stop occurring at
the end, and the following shall be added as proviso thereto: "Provided that the
issue of the notification under this section shall not affect the powers of the
State Government to fix, distribute and recover the cost of operations under
this Act." (2)
after sub-section (1) the following shall be
added as sub-section (2):- "(2)
Notwithstanding anything contained in
sub-section (1), any order passed by a court of competent jurisdiction in cases
of writs filed under the provisions of the Constitution of India, or in cases
or proceedings pending under this Act on the date of issue of the notification
under sub-section (1), shall be given effect to by such authorities as may be
prescribed and the consolidation operations shall, for that purpose, be deemed
to have not been closed." In section 53 of the
principal Act the words "by agreement" shall be inserted between the
words "or part thereof" and the words "between the
tenure-holders". In section 53-A of the
principal Act, the words Scheme of Consolidation" occurring in
sub-sections (1) and (2) and the marginal heading shall be substituted by the
words "Consolidation Scheme". In sub-section (2) of
section 54 of the principal Act- (i)
in clause (a) the word
"declaration" shall be substituted by the word
"notification"; (ii)
the following shall be substituted for clause
(d): "(d)
procedure relating to the revision of
maps and records including declaration of rights partition of joint holdings,
valuation of plots, determination and apportionment of compensation for wells,
trees and other improvements and the preparation and publication of the
Statement of Principles under sections 7 to 11 and 12,;"; and (iii)
the following shall be substituted for
clauses (f), (g) and (h):- "(f)
procedure relating to amalgamation of
holdings under section 12-D; (g) the procedure and the manner relating to the preparation,
publication and confirmation of the Consolidation Scheme under sections 19-A,
21 and 23; (h) the procedure and the manner of issue of
allotment orders under section 23", (1)
In units notified under section 4 of the
principal Act, prior to the date on which this Act comes into force,
hereinafter referred to as the said date, all work in regard to or connected
with consolidation operations- (i)
beyond the stage of publication of the
Statement of Proposals under section 20 of the principal Act, where, on or
before the said date, that statement had already been published; and (ii)
up to and inclusive of the stage of
confirmation of the Statement of Principles under section 18 of the principal
Act, where, on or before the said date, notices under section 9 of the
principal Act had already issued; shall be conducted and
concluded in accordance with the provisions of the principal Act, as if this
Act had not come into force: Provided that, as respects
second appeals and revisions, which lay under the provisions of the principal
Act, as it stood prior to its amendment by this Act but had not been instituted
before the said date, the principal Act, as amended by this Act, shall apply
and be deemed always to have applied as if this Act had been in force on all
material dates, (2)
All other work, to which the provisions of
sub-section (1) do not apply, shall be conducted and concluded in accordance
with the provisions of the principal Act as amended by this Act, Explanation-In units where
notices under section 9 of the principal Act had not issued on or before the
said date, any work done shall, for the purposes of this sub-section, be deemed
always to have been done under the provisions of the principal Act as amended
by this Act. (3)
Notwithstanding anything contained in
sub-section (1) or (2), the provisions of clause (1) of section 49 of the Uttar
Pradesh Consolidation of Holdings (Amendment) Act, 1958 (U.P. Act XXXVIII of
1958), shall continue to apply to proceedings covered by that clause, (4)
For the removal of doubts, it is hereby
clarified that where any work is to be conducted or concluded under the
provisions of the principal Act, in accordance with the provision of
sub-section (1) or sub-section (3) it shall be, and shall always be deemed to
have been, lawful for the State Government to exercise all or any of the powers
conferred on it under the provisions of the principal Act as it stood prior to
its amendment by this Act, or prior to its amendment by the Uttar Pradesh
Consolidation of Holdings (Amendment) Act, 1958 (U.P. Act XXXVIII of 1958), as
the case may be. (1)
The State Government may, for the purpose of
removing any difficulties in relation to the transition from the provisions of
the principal Act, as it existed prior to its amendment by this Act, to the
provisions of the principal Act, as amended by this Act, by order published in
the Gazette, direct that the principal Act, as amended by this Act, shall,
during such period as may be specified in the order, take effect subject to
such adaptations, whether by way of modification, addition or omisison, not
affecting the substance, as it may deem to be necessary: Provided that no such order
shall be made after" twenty-four months from the date of the commencement
of this Act. (2)
All orders made under sub-section (1) shall,
as soon as may be, be laid for not less than 14 days before the State
Legislature and shall, subject to such modification as the Legislature may make
in this behalf, take effect from the date of publication of the order.THE
UTTAR PRADESH JOT CHAKBANDI (SANSHODHAN) ADHINIYAM, 1962
PREAMBLE
revenue reduced under section 29-AA.
have entered into possession, shall have in his chak the same rights, title,
interests and liabilities as he had in the original holdings together with such
other benefits of irrigation from a private source, till such source exists, as
the former tenure-holder of the plots comprising the chak had in regard to
them;