These rules shall be called
the Uttar Pradesh Consolidation of Holdings Rules, 1954. They shall come into force
in the areas in which, and from the date on which, the Uttar Pradesh
Consolidation of Holdings Act, 1953, other than Section 1, is made applicable. In these Rules, unless there
is anything repugnant in the subject or context,- (1)
"Act" means the Uttar Pradesh
Consolidation of Holdings Act, 1953; [1][(1-A)
"basic Khasra" and "basic Khatauni" means respectively the
Khasra and Khatauni of any village current at the time of the notification
under sub-section (2) of Section 4; (1-B)
"basic year" means the year to which the basic Khasra and basic
Khatauni pertains;] (2)
"Section" means the section of the
Act; (3)
to (3-B) [***]; (4)
"Standard Plots of a unit" mean the
plots determined as such under the provisions of Rule 24(b); (5)
"Standard Plots" of a unit mean the
plots determined as such, in accordance with the provisions of Rule 20-A; [2][(6)
"Exchange ratio" means the paisa value per Bigha or acre or hectare
of a plot relative to the value of a Bigha; or an acre or a hectare of Standard
Plots of the unit; Explanation. (a) The paisa
value of a Standard Plot shall be paise 100; (b) The exchange ratio of
all plots shall be expressed in multiples of 10 paise ranging between 100 paise
and 10 paise.] (1)
There shall be a Consolidation Committee for
each unit having not less than five and not more than eleven members. In cases
in which election of members becomes necessary in view of the provisions of
sub-rule (4), Settlement Officer, Consolidation, shall fix the number of
members, not exceeding seven to be elected after taking into consideration the
total number of tenure-holders in the unit and the strength of the Land
Management Committee or Committees having jurisdiction therein. These members
shall be elected by the members of the Land Management Committee or Committees
of the village/villages falling in the unit from amongst such of them who
possess qualifications prescribed in sub-rule (3). The Settlement Officer,
Consolidation may with a view to making the Committee more representative,
nominate not more than four members from amongst the tenure-holders of the unit
possessing the necessary qualifications. One of the members nominated may be a
representative of the co-operative farm or farms registered under Section 297
of the Uttar Pradesh Zamindari Abolitioin and Land Reforms Act, 1950, if there
be any in the unit In addition to the elected and the nominated members, the
Village Level Worker or Workers posted within the unit shall be ex officio
members of the Committee without right to vote. (2)
[***]. (3)
The members of the Consolidation Committee
shall preferbly be literate and must be. (i)
not below twenty one years of age; and (ii)
carrying on cultivation within the unit: Provided that if sufficient
number of members of the Land Management Committee carrying on cultivation in
the unit is not available to make up the required number of elected members,
the remaining may be elected out of the members of the Land Management
Committee: Provided further that the
conditions mentiond in clauses (i) and (ii) shall not apply to the ex officio
members. (4)
Where a unit consists of only one village and
the number of members of the Land Management Committee of the village does not
exceed five, all the members of the Land Management Committee shall become members
of the Consolidation Committee. In cases in which the number of members of Land
Management Committee of the village exceeds five or where the unit consists of
more than one village, the number of members of Land Management Committees put
together exceeds five, the Consolidation Officer shall call upon members of the
Land Management Committee or Committees as the case may be, to elect the number
of members required to be elected in accordance with the orders of the
Settlement Officer, Consolidation passed under sub-rule (1). (5)
In cases in which the Consolidation Committee
is elected by one Land Management Committee only, the Chariman of the Land
Management Committee, if elected as a member of the Consolidation Committee,
shall act as a Chairman of the Consolidation Committee. In other cases after
the Settlement Officer, Consolidation, has made nominations, if any, of members
as laid down in sub-rule (1) the Committee shall elect a Chairman from amongst
its members. [3][(A)
In cases in which the Consolidation Committee is elected by one Land Management
Committee only, the Chairman of the Land Management Committee if elected as a
member of the Consolidation Committee shall act as Chairman of the
Consolidation Committee also: Provided that, if the
Chairman of the Land Management Committee on his election as a member of the
Consolidation Committee, or at any time thereafter refuses to act as a Chairman
of the Consolidation Committee, or resigns from the office, the above provision
shall not apply and the members of the Committee shall elect the Chairman from
amongst themselves. (B) In cases not covered by clause (A), the
members of the Consolidation Committee shall elect a Chairman from amongst
themselves after the Settlement Officer, Consolidation, has made nominations,
if any, as laid down in sub-rule (1)]. (6)
(a) The elections shall be conducted by the
Consolidator and the procedure laid down in Rules 3 to 10 of the U.P. Panchayat
Raj Land Management Committee (Election of Members) Rules, 1963 in respect of
election of members of Land Management Committees shall mutatis mutandis be
followed. (b) Any person aggrieved by
the conduct of the election under clause (a) may within fifteen days of the
date of election, file an objection before the Settlement Officer, Consolidation,
whose decision thereon shall be final. (7)
The Consolidation Committee so constituted
shall function till the issue of the notification under Section 52 of the Act,
unless it is reconstituted or some other authority is appointed in its place
under the provisions of sub-rule (10), or unless the term of Land Management
Committee or of any of the Land Management Committees, if the Consolidation
Committee was elected by more than one Land Management Committee, has expired.
In the latter cases, the Consolidation Committee shall continue to function
till such time as the new Land Management Committee or Land Management
Committees, as the case may be, elect another Consolidation Committee: Provided that where the
newly elected Land Management Committee is likely to be replaced by another
Land Management Committee before the issue of notification under Section 52 in
respect of the unit, the Director of Consolidation may, for reasons to be
recorded, by general or special order, require that the Consolidation Committees
already constituted shall continue to function till such time as may be
specified by him. (8)
In respect of any area to which sub-section
(2) of Section 117-A of the U.P. Zamindari Abolition and Land Reforms Act,
1950, is applicable, the Collector, after consultation with Chairman of the
local authority concerned, shall nominate from amongst the residents of the
area concerned, such number of qualified members, not being less than five or
more than eleven, as may have been determined by the Settlement Officer,
Consolidation. [4][(9)
(a) Where the persons nominated by the Collector under sub-rule (8) include the
Chairman of the local authority, he shall act as a Chairman of the
Consolidation Committee also: Provided that, if the
Chairman of the local authority on his nomination as a member of the
Consolidation Committee, or at any time thereafter refuses to act as Chairman
of the Consolidation Committee, or resigns from the office, the above provision
shall not apply and the members of the Committee shall elect the Chairman from
amongst themselves. (b) In cases not covered by
clause (a), the members of the Committee nominated by the Collector shall elect
a Chairman from amongst themselves]. [5][(10)
Where at any time the District Deputy Director of Consolidation finds: (i)
that the Land Management Committee does not
exist in a unit notified under Section 4 (2) of the Act or that the Land
Management Committee or Committees has or have failed to elect the fixed number
of members of the Consolidation Committee within a reasonable time, he may, by
notification in the official Gazette, nominate such number of persons being not
less than two and the Consolidation Committee shall consist of the said
persons, and the information of such nominations shall be given in the limit by
beat of drum and such informations shall also be pasted on the notice board of
the office of the Assistant Consolidation Officer; or (ii)
that the Consolidation Committee has refused
or failed without reasonable cause or excuse to discharge the duties or perform
the functions imposed or assigned by the Act or the Rules, or circumstances
have so arisen that the Consolidation Committee has been rendered unable to
discharge the duties or to perform the functions aforesaid, he may by
notification in the official Gazette constitute a new Consolidation Committee
in accordance with the provisions of these rules, or nominate such number of
persons being not less than two as he may deem fit to constitute the New
Committee ]. [6][(11)
The resignation of a member or a Chairman of a Consolidation Committee may be
accepted by the Settlement Officer, Consolidation. (12) (a)
Vacancies among members of a Consolidation Committee shall be filled in (i)
by election by the Land Management Committee
or Committees, as the case may be, in the manner laid down in sub-rule (6) in
case the outgoing member was an elected member; (ii)
by nomination by the Settlement Officer,
Consolidation or the Collector, as the case may be, in case the outgoing member
was a nominated member. (b) A vacancy in the office
of the Chairman of Consolidation Committee shall be filled in the manner laid
down in sub-rule (5) or sub-rule (9), as the case may be.] In affecting 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, affect 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 Assistant Consolidation Officer shall in
consultation with the Consolidation Committee appoint guardians, for purposes
of proceedings under the Act, of such tenure-holders who are minors, idiots or
lunatics unless such guardians have been already appointed by order of a
competent Court. (2)
The guardian appointed for a minor, idiot or
lunatic under sub-rule (1) shall be his natural guardian unless the natural
guardian possesses an interest adverse to the interest of the minor, the idiot
or the lunatic. If the natural guardian is not so appointed, the Assistant
Consolidation Officer shall record reasons therefor and shall then appoint the
nearest male relative of the minor, the idiot or the lunatic, not possessing an
interest adverse to him as his guardian. (3)
A list of all such guardians together with
the names of their wards shall be published in the village and any person
interested in the ward may file an objection against such appointment before
the Consolidation Officer within fifteen days, of such publication, whose
orders shall, subject to the modification, if any, made by orders passed under
Section 48, be final. [***]. [***]. (1)
In view of the fact that the map, the field
book and the annual register of each village under consolidation operations
shall be thoroughly revised under the provisions of Sections 7 to 11 of the
Act, before a Consolidation Scheme is prepared for a unit, it will not be
necessary for the District Deputy Director of Consolidation to get these
records prepared annually during the period a village remains under
consolidation operations. In order to maintain the existing record of rights,
he shall cause to be brought upto date the records published under Section 10
(1) by getting* all orders relating to changes and transfers affecting any of
the rights or interest recorded in the annual register, which are passed under
Section 12 of the Act, noted in red ink in the columns of the register meant
for the purpose until a fresh record of right is prepared under Section 27 of
the Act. (2)
For the collection of agricultural statistics
in respect of important Kharif and Rabi crops specified by the Board of Revenue
periodical partals shall be carried out by the Consolidation Lekhpal every year
during the period the village remains under consolidation operations. The
results of these partals shall be recorded by the Lekhpal in a Chittha
separately prepared for the purpose, shall be in accordance with the
instructions of the Director. No Zaid partal shall be carried out. Kharif and
Rabi Jinswars in respect of all the crops specified by the Board shall be
prepared by the Consolidation Lekhpal and these shall, after the checking of
the Consolidator, be forwarded to the Tahsildar concerned by the dates fixed
for the submission by the Supervisor Kanungo of Kharif and Rabi Crop statement
in the Land Records Manual. The figures contained in(a) statements of Holdings,
Land Revenue and Rentals, and (b) the Area Statement, for the basic year if
complied or for the preceding years shall be repeated, during the years the
village remains under consolidation operations. (a)
Statement of Holdings, Land Revenue and
rentals, and (b)
The Area Statement for the latest year in
respect of which these returns may have been prepared before the start of the
consolidation operations will be repeated during the years the village remains
under Consolidation operations. The Settlement Officer,
Consolidation, shall grant the permission referred to in Section 5 (c) (ii)
unless for reasons to be recorded in writing he is satisfied that the proposed
transfer is likely to affect adversely the scheme of consolidation. This notification made under
Section 4 of the Act, 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 operation
inequitable to a section of the peasantry; (b)
the holdings of the village are already
consolidated for one reason or the other and the tenure-holders are generally
satisfied with the present position; (c)
the village map is so torn up by party
factions as to render proper consolidation proceedings in the village very
difficult; and (d)
that a co-operative society has been formed
for carrying out cultivation in the area after ploughing all the land of the area
for this purpose. (a)
The village map of the unit placed under
consolidation operation 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 on the map are corrected after
necessary measurements, or (ii)
by a complete professional survey (resurvey).
The District Deputy Director of Consolidation, shall, therefore, if he has not already
got the necessary information with him get enquiries made into the condition of
the village maps of all the units placed under consolidation operations in his
districts and select villages 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. (b)
In carrying out professional survey of
villages instructions contained in Chapters VI and IX and in revising the maps
by the ordinary method of map correction, instructions contained in Chapters
VII and IX of the Manual for the Revision of Maps and Records will, mutatis
mutandis apply. (c)
[***] (d)
The work of ordinary map correction shall be
carried out by the Consolidation Lekhpal. This will be checked by the
Consolidator and the Assistant Consolidation Officer during their field-to-field
partals of the village in accordance with the instructions of the Director for
the time being in force. (e)
In restimulation village the work of
professional survey and rectangulation shall be carried out by a Rectangulator
whose work shall be checked by the Assistant Rectangulation Officer and
the Rectangulation Officer. All the entries of the
current annual register shall be tested by the Consolidator cent percent by
comparing them with the entries of the previous annual register or registers
and connected field books as also the existing record of rights prepared during
the last settlement or the revision of records. Mistake and disputes detected
shall be entered in the appropriate columns in the list of mistakes and
disputes in land records in C.H. Form 4. After the test of the annual
register has been carried out in the manner prescribed in Rule 19, a thorough
verification of the entries in the annual register shall be carried out by the
Consolidator. This shall be done by reading out the record in the village and
explaining every entry in it to the tenure-holders collected in as large a
number as possible somewhere in the village itself. He shall also ascertain
views of the tenure-holders concerned or the persons interested with regard to
their shares in joint holdings. The mistakes and the disputes detected and the
shares indicated by the persons concerned shall be noted in the appropriate
columns of the list of mistakes and disputes in land records in C.H. Form 4. [7][(a)
The Assistant Consolidation Officer shall check the work of test and
verification of the annual register carried out by the Consolidator and shall
also determine "Standard Plots" for the unit in accordance with the
provisions of sub-section (3) of Section 8-A. (b) The list of "Standard Plots" shall
be prepared in C.H. Form 7-B and published along with a copy of the village map
showing the "Standard Plots" in red ink. All objections received by
the Assistant Consolidation Officer within 15 days of the publication of the
list shall be entered in Misilband Register of the village. He shall forward
the objections along with his reports to the Consolidation Officer, who shall
decide the objections after affording the persons concerned an opportunity of
being heard and after making spot inspection. (c) Any person aggrieved by the order of the
Consolidation Officer under sub-rule (b) may, within 15 days of the date of the
order, file an appeal before the Settlement Officer, Consolidation who shall,
after affording the persons concerned an opportunity of being heard and making
a spot inspection, if necessary, give his decision thereon. The order of the
Settlement Officer, Consolidation, shall be final and not open to question.] After the test and
verification of the annual register as prescribed in Rules 19, 20 and 20-A, a
field to field partal of all the plots shall be carried out by the Consolidator
in association with the Consolidation Committee and as many tenure-holders of
the village as he can collect and the results shall be noted by him in khasra
chakbandi in C.H. Form 2-A. The mistakes and disputes discovered during the
partal shall also simultaneously be noted in the appropriate colunms of the
list of mistakes and disputes in land records in C.H. Form 4. The list of mistakes and
disputes mentioned in Rules 19, 20 and 21 shall be prepared in C.H. Form 4 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 register and in the course of the field to field partal referred to in
Rules 19 to 21. Details of shares claimed in the joint holdings shall also be
recorded in Part II of C.H. Form 4. At the time of field to
field partal of the village, the Consolidator shall determine whether a plot is
irrigable or not, indicating at the same time in column 19 of the khasra
chakbandi, the source and method of irrigation for each irrigable plot; if more
than half of the plot is irrigable, the whole of it shall be so treated. The
irrigable area of the plot shall be recorded in column 20 of the khasra
chakbandi. Explanation: Plots irrigated
from the following sources shall be treated as irrigable: (i)
canals, tube-wells and other wells of durable
nature; earthen wells will generally not be considered of durable nature,
except where the Consolidation Committee decides otherwise and the decision is
confirmed by the Settlement Officer, Consolidation; and (ii)
rivers, Jheels, Nalas, tanks, ponds and other
sources which are able to supply water for irrigational purposes during an
entire fasal in a normal year. (1)
The Assistant Consolidation Officer shall
check all the mistakes and disputes discovered and the shares recorded in C.H.
Form 4 by the Consolidator during his test and verification of the annual
register and the field partal and shall in addition, check the work of
Consolidator by himself partalling entries in respect of at least 20 percent of
the plots in the village. The work done by the Assistant Consolidation Officer
shall be checked by the Consolidation Officer and the Settlement Officer,
Consolidation to ensure that all the mistakes, disputes and specification of
shares in joint holdings have been brought on the List of Mistakes and
Disputes. (2)
The Assistant Consolidation Officer shall be
supplied with a copy of the soil classification map prepared in the current
Settlement or roster operations for the village concerned well before the start
his check of the field to field partal of the village. (3)
The Assistant Consolidation Officer shall get
the details of soil classification determined at the time of current Settlement
or roster operations incorporated in the copy of the map of the village
prepared under Rule 18. (4)
The Assistant Consolidation Officer shall
then take up, with the help of the finalised list of Standard plots, the work
of determination of exchange ratio of each plot of the unit, except plots or
part of plots covered by the Explanation appended to clause (2) of Section 3 of
the Act, a list of which shall be prepared in C.H. Form 18. The exchange ratios
of plots shall be determined by the Assistant Consolidation Officer 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 of each plot so determined shall be recorded in words in his own
hand by the Assistant Consolidation Officer in column 28 of C.H. Form 2-A,
against the plot concerned. The exchange-ratio of each plot so determined shall
also be shown in the copy of the map prepared under sub-rule (3). In
determining the exchange-ratio of each plot the following facts shall be taken
into consideration: (i)
the existing soil class of the plot as
recorded in the current Settlement or roster operations; (ii)
productivity as adjudged by the soil constituents
of the plot, the number and kind of crops generally grown and the quantum of
labour required to grow them; (iii)
availability of irrigation facilities; (iv)
location having a bearing on the cost or
supervision of cultivation, or the marketing of the produce of a plot. (5)
The ultimate responsibility for the correct
determination of the exchange ratio of each plot shall be that of the Assistant
Consolidation Officer himself. (6)
The exchange ratio of each plot shall, in
accordance with the instructions which may be issued by the Director of
Consolidation, be noted in the map of the unit referred to in sub-rule (3). (7)
The Assistant Cosolidation Officer, at the
time of determination of the exchange ratio of each plot, shall also determine,
in consultation with the Consolidation Committee, and after making enquiries
from as many tenure-holders of the unit as he may collect, the value of each
tree, well and other improvement existing in a plot for the purpose of
determination of compensation. The value so determined shall be entered in
column 12 of the Khasra Chakbandi in C.H. Form 2-A. In determining the value of
the tree, the Assistant Consolidation Officer shall take into condideration its
age and kind with a view to finding its market value, and in determining the
value of a well and other improvement he shall take into consideration, its
nature, age, state of repairs and serviceability. If he so decides the
Assistant Consolidation Officer may, before coming to a finding himself,
request the Settlement Officer, Consolidation, to have the value of a well or
other improvement, estimated by an officer of the Public Works Department If a
tree, well or other improvement is owned by more than one person, the amount of
compensation which may be determined shall be apportioned among the several
co-owners by the Assistant Consolidation Officer after making necessary
enquiries with regard to their shares. (8)
The Consolidation Officer shall check the
exchange ratio to the extent of 10 percent of the plots in each unit along with
the calculation of their valuation, the determination of value of trees, wells
and other improvements. The Settlement Officer, Consolidation, shall also check
the work aforesaid on the spot in at least 10 per cent of the units in the
circle of each Assistant Consolidation Officer. (9)
The copy of the map showing exchange ratios
of consolidate plots prepared under sub-rule (4) shall be published in the unit
along with other records mentioned in clause (b) in sub-section (1) of Section
9. [8][(1)
The 'Statement of Principles' shall be prepared in his own hand in C.H. Form 21
by the Assistant Consolidation Officer 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. The statements shall contain reasons for the
principles incorporated and shall be accompanied by a copy of the map of the
unit, which shall show: (i)
"Standard Plots" of the unit as
dertermined under Rule 20-A; (ii)
The existing permanent features, such as
Abadi sites, canals, their distributories along with field channels (gools),
roads, groves, wells, Nalas, rivers, grave-yards, cremation grounds and other
areas, used for public purposes; (iii)
the additions and alterations proposed in the
site, alignment or dimensions of any of the items mentioned in clause (ii); and (iv)
areas to be earmarked for any other purposes. (2) Besides reservation of lands for extension of
Abadi, including areas for Abadi sites for Harijans and landless persons in the
unit for present and future needs land may also be reserved according to the
needs of each unit for the following public purposes: (i)
Manure pits; (ii)
Roads, village and inter-village rastas; (iii)
Pasture lands; (iv)
Threshing-floor; (v)
Play ground: (vi)
Primary and other schools; (vii)
Hospitals; (viii)
Panchayat Ghars; (ix)
Plantation of trees; (x)
Cremation or grave-yards; [9][(xi)
Water channels (gools or nalis) and canals for irrigation purposes;] (xii)
Flaying sites; and (xiii)
Any other objects of similar nature for which reservation of land may be
considered necessary in the interest of the tenure-holders of the unit (3) During the course of the preparation of the
Statement of Principles every specific problem of the unit having a bearing on
equitable allotment of Chaks shall receive the attention of the Assistant
Consolidation Officer and the Consolidation Committee. The principles on which
such problems are proposed to be resolved should be in consonance with the
provisions of the Act and these Rules, and must be incorporated in the
statement. The statement shall also
show the details of the "Standard Plots" determined under Rule 20-A. (4) If
there is a difference of opinion between the Assistant Consolidation Officer
and the Consolidation Committee on any of the terms of the Statement of
Principles, the Assistant Consolidation Officer shall prepare a note covering
the points of differences and forward it to the Consolidation Officer. (5) If the Consolidation Officer is unable to
resolve the difference between the Assistant Consolidation Officer and the
Consolidation Committee, he shall forward the record to the Settlement Officer,
Consolidation, together with his opinion on each point of difference. (6) The Settlement Officer, Consolidation shall,
after hearing the Consolidation Committee, give his decision on the points
referred to him under sub-rule (5)]. The Statement of Principles
shall be published in the unit along with the map prepared under sub-rule (1)
of Rule 24-A. All objections against the
Statement of Principles under Section 9 of the Act shall be filed in writing
and shall be signed by the person making them. They shall clearly indicate the
manner in which the interests of the objectors are likely to be affected. The Consolidation Officer or
the Settlement Officer, Consolidation, as the case may be, shall, when making a
local inspection of the unit under Section 9-B, or for the purpose of deciding
an appeal under Section 11, prepare inspection memo and place it on the file
containing his order. [10][Cases
relating to each of the two categories mentioned in clause (i) of sub-rule (e)
shall be entered in chronological order in a Misilband register in C.H. Form 6
to be maintained by each Assistant Consolidation Officer.] (1)
The Assistant Consolidation Officer shall, as
far as possible, deal with all the objections filed by a tenure-holder with regard
to matters referred to in clause (i) of sub-section (1) of section 9-A and
sub-section (1) of Section 9-B in the village itself. In deciding disputes on
the basis of conciliation in terms of sub-section (1) of section 9-A, he shall
record the terms of conciliation in the presence of at least two members of the
Consolidation Committee of the village. These terms shall then be read 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 Assistant Consolidation Officer shall then pass the orders
deciding the dispute in terms of conciliation specifying the precise entries to
be made in the records. Details Of the operative part of the orders passed by
the Assistant Consolidation Officer shall be noted in the Misilband register.
No ex parte order or orders in default shall be passed by the Assistant
Consolidation Officer. (2)
In all cases in which the Assistant
Consolidation Officer sends a report under the provisions of sub-section (2) of
Section 9-A, or sub-section (1) of Section 9-B to the Consolidation Officer for
disposal, he may fix a date and place for the disposal of the cases by the
Consolidation Officer and communicate the same to the parties present before
him and issue notices in C.H. Form 6-A to the parties not so present The report
of the Assistant Consolidation Officer in such cases shall clearly bring out
the points in dispute between the parties and the efforts made by him to reconcile
them. (1)
The cases received from the Assistant
Consolidation Officer shall be entered in the Misilband register in C.H. Form 6
in the Office of the Consolidation Officer. (2)
On the date fixed under sub-rule (2) of Rule
25-A, or on any subsequent date fixed for the purpose, the Consolidation
Officer shall, hear the parties, frame issue on the points in dispute, take
evidence, both oral and documentary, and decide the objections. (3)
The notice, which it may become necessary for
the Consolidation Officer to issue to any person in connexion with the disposal
of a dispute by him, shall be in C.H. Form 6-A. (4)
Where all the tenure-holders of a joint
holdings oppose partition and the Consolidation Officer is satisfied that the
opposition of each co-tenure-holder is genuine, he shall not proceed with the
partition unless for reasons to be recorded by him in writing, he considers it
necessary so to do in the interest of better consolidation. (5)
For deciding a dispute relating to the
determination of exchange ratio of a plot or the valuation of a tree, well or
other improvement existing on a plot, the Consolidation Officer shall make a
local inspection of the plot concerned, prepare an inspection memo and place it
on the connected file. The Consolidation Lekhpal
shall note the orders of Assistant Consolidation Officer and the Consolidation
Officer passed under Section 9-A with regard to (i)
rights in and liabilities in regard to the
land, (ii)
valuation of plot, trees, wells and other
improvements, and (iii)
partition of joint holdings. (a)
in the basic Khatauni, (b)
Khasra Chakbandi in C.H. Form 2-A, and (c)
the relevant columns of the revised Annual
Register in C.H. Form 11 (as soon as it has been prepared) respectively. He shall enter case number,
the date of order and its operative portion in the records aforesaid. The
correctness of the entries made by the Consolidation Lekhpal shall be attested
by the Consolidator. The Assistant Consolidation Officer shall also check at least
20 percent of the entries to ensure that they have been correctly mode. (1)
The Settlement Officer, Consolidation, shall
cause to be prepared by the Consolidation Lekhpal a statement in C.H. Form 7 to
show the amount of land revenue payable on new holdings, and apportionment or
alteration, if any, in the amount of land revenue on existing holdings, where
this may be necessary in view of the orders passed under Section 9-A. 0. H.
Form 7 will show the Fasli year from which the above changes in land revenue on
the affected holdings become due. (2)
After the settlement has been checked by the
Consolidator and the Assistant Consolidation Officer, to ensure its correctness
it shall be published in the unit and all objections received within seven days
of its publication shall be enquired into by the latter. (3)
After making such changes in it as the
Assistant Consolidation Officer considers necessary, the statement shall be
submitted by him to the Consolidation Officer, with a report on each of the
objections received. The Consolidation Officer shall also check the statement
with a view to satisfy himself about its correctness. He will prepare report of
mistakes that come to his notice and initial the corrections thus made and will
also sign the statement on each page. The statement and the report of the
Assistant Consolidation Officer accompanying it will then be forwarded by the
Consolidation Officer, with his own report, if any, to the Settlement Officer,
Consolidation, who shall examine the statement and the objections, and pass
orders for the assessment, apportionment or alteration, of the land revenue, as
the case may be. (1)
A revised annual register in C.H. Form 11
shall then be prepared by the Consolidation Lekhpal incorporating all the
orders relating to right and liabilities in respect of land passed by the
Assistant Consolidation Officer under sub-section (1) of Section 9-A and the
Consolidation Officer under sub-section (2) of Section 9-A and also the orders
passed by the Settlement Officer, Consolidation under Rule 27-A. Details of the
operative portions of the orders passed in partition and amalgamation cases
shall be recorded in the appropriate column of the register. The record shall
be checked by the Consolidator, the Assistant Consolidation Officer and the
Consolidation Officer of the circle. The officer checking the entries in the
record shall initial them in token of his having checked them. The revised
annual register shall be signed by the Consolidation Lekhpal, the Consolidator,
the Assistant Consolidation Officer, and also by the Consolidation Officer. It
shall then be published in the unit under sub-section (1) of Section 10. (1-A)
An alphabetical list in Hindi in C.H. Form 10-A showing all the holdings of a
tenure-holder at one place, after incorporating partition and amalgamation
orders as shown in C.H. Form 11, shall be prepared by the Consolidation Lekhpal
and checked by the Consolidator and- the Assistant Consolidation Officer of the
circle. The Officer checking the entries in the list shall initial them in
token of his having checked them. (2)
All cuttings and overwritings in the annual
register shall be initialled and dated by the person responsible for the
cuttings or the overwriting and also by the Assistant Consolidation Officer.
They shall then be brought on an Errata List in C.H. Form 6-B, to be prepared
by the Consolidation Lekhpal in duplicate in carbon. The Errata list shall be
signed by the Consolidator, and the Assistant Consolidation Officer also. A
copy of the Errata List shall be sent to the Consolidation Officer of the
circle for record in his office. Where necessary as a result
of orders passed under Sections 11 and 48, supplementary C.H. Form 7 shall be
prepared in the manner prescribed under Rule 27-A, sub-rules (1), (2) and (3)
to show alterations in land revenue on the holdings since the preparation of
the original C.H. Form 7 under Rule 27-A. (a)
The form, which the matters mentioned in
Section 12 of the Act may be raised before the Assistant Consolidation Officer,
shall be in C.H. Form 6-C. (b)
The procedure laid down in Rules 25-A to 27
and 29 shall, mutatis mutandis, be follwed in deciding matters raised before
the Assistant Consolidation Officer under Section 12. [***]. [***]. An application for
amalgamation of holdings shall be in C.H. Form 10. All orders authorising
amalgamation of holdings shall be recorded in the appropriate columns of the
revised annual register in C.H. Form 11. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. (1)
The Assistant Consolidation Officer shall
prepare the Provisional Consolidation Scheme in C.H. Form 23 in consultation
with the members of the Consolidation Committee after making enquiries from as
many tenure-holders as he is able to collect. (1-A)
The provisional consolidation scheme prepared under sub-rule (1) shall be
accompanied by a copy of the map of the unit showing the plots allotted to
tenure-holders and the location of land set apart for public purpose. (2)
All cuttings and overwritings in the
Provisional Consolidation Scheme shall be initialled and dated by the person
responsible for them and also by the Assistant Consolidation Officer. An Errata
List in C.H. Form 6-B shall be prepared in duplicate in respect of the
Provisional Consolidation Scheme. A copy of the Errata List shall be sent to
the Consolidation Officer for record in his office. Provisional Consolidation
Scheme shall also state explicitly (1)
the area to be allotted to the asamis of the
tenure-holders and the rent payable therefor; (2)
the encumbrance attached to a holding, the
amount, name of the person in whose favour the encumbrance exists and the
nature and terms of the encumbrances; (3)
the areas of abadi land or land used for
public purpose proposed to be amalgamated with any holding and showing the
areas earmarked for public purposes. [***]. (1)
Relevant extracts from the Provisional
Consolidation Scheme in C.H. Form 23 along with notices in C.H. Form 24 shall
be prepared by the Consolidation Lekhpal in duplicate, in respect of each
tenure-holder and in respect of land owned by or vested in a Gaon Sabha or a
local authority. They shall be attested by the Assistant Consolidation Officer
after being checked by the Consolidator. One copy of the extract shall be
served on the tenure-holder concerned or the Chairman of the Land Management
Committee or the local authority, as the case may be, before the Provisional
Consolidation Scheme is published in the unit. The office copy of the extract
shall be preserved on the common village file which shall be properly indexed. [***]. The proposal for the
consolidation of holdings contained in the extract shall be explained by the
Consolidation Lekhpal and the Consolidator to each tenure-holder by a
preliminary demarcation on spot in cases in which this may be necessary. The
Assistant Consolidation Officer and the Consolidation Officer will ensure by
personal verfication from as many tenure-holders as possible that these
instructions have been duly carried out. (1)
The objections received by the Assistant
Consolidation Officer shall be forwarded by him to the Consolidation Officer
along with common village file containing the office copies of all the extracts
in C.H. Form 23 issued under Rule 48. (2)
Separate files shall be opened for each case
in which objections are received under Section 20 of the Act. The file of each
case shall deal with one set of parties. All the objections shall be entered in
a Misilband Register in C.H. Form 6 in the office of the Consolidation Officer.
Extracts in respect of which no objections are received shall remain on the
common village file to which a proper index showing the details of the extracts
shall be attached. (3)
Where the Consolidation Officer 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 Officer finds it necessary to make any alteration in the
Provisional Consolidation Scheme he shall cause a revised extracts in C.H. Form
23 to be served on the tenure-holder concerned free of cost. The objection
under sub-section (1) of Section 21 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-holders concerned. (4)
The notice or the revised extract shall be
prepared in duplicate, signed by the Consolidation Officer and shall bear his
seal. The Serving Officer shall, after endorsing acknowledgment 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 acknowledgment of the
tenure-holder and the date of service on him shall be placed in the record of
the case concerned. (5)
Where in deciding an appeal under sub-section
(2) of Section 21 the Settlement Officer, Consolidation, makes any alterations
in the Provisional Consoliation Scheme, he shall cause to be issued to the
tenure-holder concerned a revised extract in C.H. Form 23. (6)
Where in deciding a revision under Section 48
the Director of Consolidation makes any alteration in the Provisional
Consolidation Scheme, as confirmed under Section 23, he shall cause a revised extract
in C.H. Form 23 to be issued to the tenure-holder concerned. (1)
If as a result of the order passed under
Section 21 the Provisional Consolidation Scheme is to undergo numerous changes
which 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 may be prepared before it is confirmed and published under
sub-section (2) of Section 23. (2)
All the cuttings and overwritings in the
Provisional Consolidation Scheme as confirmed by the Settlement Officer,
Consolidation, and published uner sub-section (2) of Section 23 shall be
initialled and dated by the person responsible for the cutting or overwriting
also by the Assistant Consolidation Officer. They shall be brought on an Errata
List in C.H. Form 6-B to be prepared by the Consolidation Lekhpal in duplicate
in carbon. The Errata List shall be signed and dated by the Consolidator and
the Assistant Consolidation Officer and a copy thereof shall be sent to the
Consolidation Officer of the circle for record in his office. [***]. [***]. [***]. [***]. Before the date from which
the Consolidation Scheme shall come into force is fixed under Section 24, the
Settlement Officer, Consolidation, shall satisfy himself that the boundary
lines of chaks have been properly demarcated in accordance with the final
consolidation scheme. (1)
The procedure to be followed under Section 28
by the Assistant Consolidation Officer, in putting tenure-holders of Land
Management Committees, as the case may be, in actual physical possession over
the chaks or lands allotted to them shall be same as prescribed in the Civil
Procedure Code for delivery of possession over immovable property in execution
of a decree. (2)
In case the right to lend and gather the
crops standing on such chaks or lands or parts thereof remains with the person
from whom possession is transferred, the Assistant Consolidation Officer shall
in consultation with the Consolidation Committee determine in C.H. Form 32 the
amount of compensation, which may not exceed three times the rental value of
the cropped area, for use of the land to be payable by the person to whom
possession over the land is transferred. The date by which the standing crops
must be harvested and removed from the plot, and the date by which compensation
determined must be paid, shall also be fixed by the Assistant Consolidation
Officer. Extracts in C.H. Form 32 shall be served on the tenure-holders
concerned. Explanation. No compensation
shall be determined and paid where no sowing season intervenes between the date
of delivery of possession and the date fixed for harvesting the standing crops. (3)
After appeals preferred under sub-section
(1-A) of Section 29 have been decided, the Assistant Consolidation Officer
shall issue certificates of award of compensation to its recipients in C.H.
Form 35. He shall also issue a notice in C.H. Form 36 to the payer. (1)
Where the Assistant Consolidation Officer
decides that possession of crop shall also be delivered, he shall, in
consultation with 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 village; (d)
the amount likely to be spent on the crop
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 drums in the
village. (3)
Result of appraisement shall be published by
the order of the Assistant Consolidation Officer in C.H. Forms 33 and 34. (4)
[***]. (5)
After the statements under sub-rule (3) have
becomes final, the Assistant Consolidation Officer shall issue certificates of
award of compensation to the recipient in C.H. Form 3 notice whereof shall also
be given to payers in C.H. Form 36. (6)
[***]. (7)
[***]. (8)
[***]. (8-A)
[***]. (8-B)
[***]. (1)
Without prejudice to the right to recover
compensation through any other mode of recovery open to the person entitled to
receive it the certificate of award of compensation issued under sub-rule (4)
of Rule 55 or sub-rule (5) of Rule 56, as the case may be, may along with an
application addressed to the Collector, be presented to the Tahsildar having
jurisdiction with two years from the date recorded on it for recovery of amount
as arrears of land revenue. (2)
On the certificate of award being presented
before him, the Tahsildar shall make a preliminary enquiry to ascertain if the
compensation or any part of it is in balance. He shall then submit the result
of his enquiry to the Collector for his orders. (3)
When the Collector is satisfied after making
such further enquiry as he considers necessary that the compensation or any
part of it has not been paid in terms of the certificate of award, he shall
authorise realization of the balance as arrears of land revenue. The Collector shall not be
impleaded as a party to any suit or proceeding for realisation of the
compensation. (1)
Soon after the delivery of possession, the
Assistant Consolidation Officer shall cause to be delivered an outerfoil of the
certificate in C.H. Form 26 to the recipient 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 property compensated. (2)
Notice of payment of compensation for trees,
wells, buildings or other improvements shall also be furnished on the outerfoil
in C.H. Form 26 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 C.H. Form 26 shall be made over to the Tahsildar
having jurisdiction. (4)
The provisions of Rule 56-A shall apply to
the recovery of compensation mentioned in C.H. Form 26 as if it were
compensation payble under Rule 55 or 56 and in C.H. Form 26 were the certificate
of award of compensation mentioned in those rules. (5)
Amount of compensation payable to
tenure-holders for land contributed for public purposes as determined in C.H.
Form 23 shall, soon after the delivery of possession, be paid by adjustment
against the costs of consolidation as determined in the Demand and Collection
Jamabandi in C.H. Form 27 prepared under Rule 61. In cases in which no cost of
consolidation is payable by tenure-holders or compensation exceeds cost of
consolidation the excess compensation shall be paid to them in cash by the
Assistant Consolidation Officer and a record of payment shall be kept by him in
C.H. Form 26-A. (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 or the person concerned by the Serving Officer shall be kept in
C.H. Form 31. (2)
In delivering a document or affecting the service
of any document, notice or summon on any tenure-holder or other person, the
Serving Officer may, where the tenure-holder or the person concerned is
guardian or legal representative is not present at his residence at the time of
delivery of service or, where he cannot be found after using all due and
reasonable diligence or where he refuses to take the document, notice or
summon, effect delivery or service by affixation of the document, notice or
summon on the outer door or at some other conspicuous part of the house in
which he ordinarily resides, but if he has no such residence in the unit, by
affixing a copy of the document, notice of summon 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. (3)
All Consolidation Lekhpals, peons and
Chairman of the Consolidation Department, and any other employee of the
department, who may be so appointed for serving a particular process by the
authority, issuing it, shall be Serving Officers for purposes of this rule. [***]. [***]. (1)
The Jamabandi for cost of consolidation
operations shall be prepared by the Consolidation Lekhpal in C.H. Form 27. (2)
After the Jamabadi of a village has been
checked cent percent both by the Consolidator and the Assistant Consolidation
Officer, and 20 per cent of its entries have also been checked and initialled
by the Consolidation Officer, it shall be sent to Tahsildar for recovery, of
amounts shown therein as arrears of land revenue. (3)
The cost assessed on a tenure-holder shall be
payable by him in two equal instalments. (a)
the first instalment shall become due for
recovery with the first land revenue kist falling due after the provisional
Consolidation Scheme has been confirmed by the Settlement Officer,
Consolidation, under sub-section (1) of Section 23 of the Act; and (b)
the second instalment shall become due for
recovery with the next land revenue kist. The Consolidation Lekhpal
shall maintain a Proceeding Book in C.H. Form 29 for recording proceedings of
the meeting of the Consolidation Committee. He shall also maintain a diary in
C.H. Form 30 showing the details of work done by him each day. A diary in this
form shall also be maintained by the Consolidator and the Assistant
Consolidation Officer. [***]. [***]. (1)
The Settlement Officer, Consolidation, may
withdraw any case from the file of any Consolidation Officer or Assistant
Consolidation Officer subordinate to him may refer the same for disposal to any
other Consolidation Officer or Assistant Consolidation Officer competent to
deal therewith. [11][(1-A)
The officer before whom appeals, revisions or references under the provisions
of the Act or these rules are instituted may transfer any case instituted or
pending before him to any other officer empowered to hear and decide such case,
or recall case pending before any other officer from the file of that officer
to his own file. The District Deputy Director of Consolidation of a district
where Joint/Deputy/Assistant Director of Consolidation is posted may call for
record of any revision or case pending before such officer for disposal
and may transfer it to such officer if he is unable to decide it for some
reason.] (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. [***]. The provisions of Chapter IV
of the U.P. Land Revenue Act, 1901, and the Rules framed thereunder, to the
extent to which they are inconsistent or are not covered by these rules shall
not be applicable to the preparation of a new village map, field-books and the
record-of-rights under Section 27 of the Act. If any area, belonging to
one village is situated within the boundary of another village, the Settlement
Officer (Consolidation) shall take steps to integrate the former area with the
latter village after obtaining orders of the Government under Section 3 (25) of
the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, if not done
already. [***]. (1)
Where a portion of a village forms part of an
urban area and it has been decided to make a consolidation scheme only in the
other portion of the village not included in the urban area, two separate sets
of village maps, khasra, and record-of-rights shall be prepared one, for the
consolidation area and the other for the urban area of the village. (2)
The record pertaining to the urban area shall
not be final or conclusive and shall be based on the entries in the last
record-of-rights available for that area. (3)
In preparing the record of such urban area,
the following operations alone shall be carried out: (a)
Renumbering shall be done in accordance with
sub-rule (2) of (b)
A Fard Mutabiqat shall be prepared in C.H.
Form 40. (c)
A Khasra Mutabiqat shall be prepared in C.H.
Form 41. (d)
Two copies of the Khasra Khatauni and Errata
List shall respectively be prepared in Forms P-3, P-11 and P-12. (e)
Multiplication of the map and the preparation
of the new soil classification map shall be undertaken in accordance with Rule
101 and record prepared shall be delivered to the Collector for necessary
action. Where during consolidation
proceedings, only one set of records has to be prepared for the area belonging
to more than one village, the plots belonging to different villages shall be
distinguished by suitable Hindi alphabetical prefixes. [12][(1)
The Settlement Officer, Consolidation, shall after the final consolidation
scheme, has come into force, but before the notification under sub-section (1)
of Section 52, cause to be created boundary pillars to define the limits of
chaks allotted to Bhumidhars and Sirdars including sub-chaks allotted to Asamis
and also the areas earmarked for public purposes.] [13][(2)
The 'entire' cost of the boundary pillars and erection thereof as determined by
the Settlement Officer, Consolidation, from time to time for each unit shall be
payable by the tenure-holders concerned in proportion to the number of chaks
allotted to each of them. The Collector shall recover the cost so determined
from the tenure-holders concerned as arrears of land revenue. (3) A Jamabandi of cost of pillars and erection
thereof shall be prepared in C.H. Form 27-B in duplicate. After checking by the
Assistant Consolidation Officer, it shall be handed over through the Settlement
Officer, Consolidation to the Tahsildar having jurisdiction for realisation as
arrears of land revenue]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. [***]. The Consolidation Lekhpal
shall ensure that boundaries of (i) chaks, (ii) area allotted to asami within
the chak, and (iii) land set apart for public purposes are correctly shown in
the map according to the Final Consolidation Scheme. Mistakes detected shall be
brought to the notice of the Consolidator for correction. The Consolidation Lekhpal
shall also examine the conventional signs shown in the map and make necessary
correction in respect of all the signs prescribed in the Appendix attached to
these rules. [***]. (1)
After the map has been brought up-to-date in
accordance with the provisions of the foregoing rules, it shall form the basis
for renumbering of plots. Each chak shall unless it has been broken into parts
by a natural or other physcial barrier, in which case each part shall be
numbered separately bear a single serial number. Bhumidhari and Sirdari areas
falling within a chak bearing a single serial number shall be indicated in the
map by a broken line made up of small dashes. The Bhumidhari and the Sirdari
portion shall be indicated by the letters (v) and (c) respectively in the map.
The holding of an Asami within a chak shall be similarly indicated except that
in such case the words (vl) and (cl) shall be written in the map
to indicate respectively the Asami rights held in Bhumidhari or Sirdari
portions of the holding of the principal tenure-holder. (2)
Remembering of plots shall be done in one
continuation for the whole of the revenue village, except as provided in
sub-rule (3). It shall start from the north-west corner and shall end in the
south-east corner of the village. Kudans in renumbering must be avoided, but if
any Kudans have occurred a note about them shall be made on the margin of the
map. (3)
Where the Consolidation area is only a part
of the village it shall be renumbered independently of the other part
consisting of non-consolidation area. The Secretary, Board of Revenue, shall be
informed of the position with regard to the non-consolidation area for such
action as he may consider necessary. (4)
Where any area other than an urban area, to
which the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, does
not apply, is situate in a village under consolidation, renumbering shall be
done in the entire revenue village in one continuation. The Consolidator shall check
cent per cent and the Assistant Consolidation Officer 25 per cent of the works
done by Consolidation Lekhpal under Rules 82, 83 and 85. The Consolidation
Officer shall also check it to satisfy himself that the work has been correctly
done. [14][***]. [15][***]. [16][***]. (1)
The Consolidator shall thereafter cause a
final map to be prepared showing only the new numbers, their boundaries and,
where necessary, conventional signs. It shall be checked by the Consolidator,
Assistant Consolidation Officer, and the Consolidation Officer before it is
signed by the Settlement Officer, Consolidation, whose designation shall be
mentioned below his signature. The final map, thus, prepared shall after copies
thereof have been traced out as laid down in sub-rule (2), be sent to the press
for reproduction where such reproduction is necessary in view of the provisions
of Rule 101. On being received back from the press the final map shall be
placed in the Consolidation Volume meant for the Collector's Record Room. (2)
Two copies of the final map shall be traced
out. In these copies the boundaries of the old plots existing within a new plot
shall be indicated by dotted lines without the serial number of old plots being
shown therein. The existing soil classes shall also be marked within thick red
lines on these maps, the different soil classes being described by suitable
abbreviations written boldly in red ink over each kind of soil. The copies thus
traced out shall be checked by the Consolidator, the Assistant Consolidation
Officer and the Consolidation Officer before these are checked and signed by
the Settlement Officer, Consolidation. A copy of this map shall be placed in
each of the two Consolidation Volumes mentioned in Rule 100-A. [***]. [17][***]. The Consolidation Lekhpal
shall prepare in duplicate Khasra Mutabiqat in C.H. Form 41 in the sequence of
new number showing details of soil classification also after renumbering has
been done and checked by the Consolidator and the Assistant Consolidation
Officer.] [18][***] [19][***] [20][***] The Consolidation Lekhpal
shall, with the help of the Khasra Mutabiqat and other relevant records
mentioned in sub-section (1) of Section 27, prepare the Khatauni in C.H. Form
45 in duplicate. The Khasra Mutabiqat and the
Khatauni in C.H. Form 45 prepared by the Consolidation Lekhpal shall be checked
cent per cent by the Consolidator, 25 percent of the entries of these records
shall be checked by the Assistant Consolidation Officer and five per cent by
the Consolidation Officer. The Khatauni in C.H. Form 45 shall then be published
in the village.][21] After the khatauni has been
prepared new khata numbers shall be entered in column 5 of Khasra Mutabiqat. All cuttings and
overwritings in the Khasra Mutabiqat and the Khatauni shall Joe signed and
dated by the person responsible for such cuttings and overwritings and also by
the Assistant Consolidation Officer. There shall be no erasures anywhere. An Errata list in respect of
each of the record mentioned above shall be prepared by the Consolidation
Lekhpal in C.H. Form 6-B and shall be attested by the Consolidator. It shall
also be signed by the Assistant Consolidation Officer. Such a list after being
signed by the Settlement Officer, Consolidation shall be attached to each copy
of the record when it is bound.][22] The Khasra Mutabiqat along
with the final village map and the Khatauni in C.H. Form 41 shall constitute
the Consolidation Volume. Two such volumes shall be prepared, one of it shall
be consigned by the Collector's Record Room and other shall be delivered to the
Tahsildar for being made over to the Lekhpal. Thereafter the Director of
Consolidation shall take steps to notify the village under Section 52.][23] (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 village maps which are proposed to be reproduced mechanically 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 90, the
following number of copies will be reproduced mechanically: (a) For revenue and land records purposes Two blue prints, six copies on cloth and four copies on
paper. (b) For sale Four copies on cloth, or if the Settlement Officer,
Consolidation, so decides more, considering the local requirements in
addition to the number actually asked for. (3)
The map prepared under Rule 90, together with
two blue prints shall be forwarded to the Director of Land Records. In the copies of the final
map prepared under Rule 90, the Settlement Officer, Consolidation, shall cause
the existing soil classes to be marked within thick red lines, the different
soil classes being described by suitable abbreviations written boldly in red
ink over each kind of soil. The map, besides being checked and signed by the
Consolidator and the Assistant Consolidation Officer, shall be checked and
signed by the Settlement Officer, Consolidation also. [***] (1)
Where a joint Consolidation Scheme has been
prepared for any area belonging to more than one village, the Assistant
Consolidation Officer shall cause to be prepared a statement in C.H. Form 44
showing: (a)
The land revenue and anna valuation in each
such village pertaining to a tenure-holder in each class of tenure. (b)
The anna valuation allotted to such a
tenure-holder in each class of tenure in each such village. (c)
The future land revenue payable in each class
of tenure in each such village by the tenure-holder calculated in accordance
with the principle that such land revenue shall bear the same proportion to the
total land revenue paid in that class of tenure in all such villages as the
anna valuation allotted in that village in that class of tenure bears to the
anna valuation allotted to him in that class in all such villages. (2)
The statement shall be checked cent percent
by the Consolidator, 20 per cent by the Assistant Consolidation Officer and 5
per cent by the Consolidation Officer. It shall then be published in the
village. Objections made by any person concerned with any entry therein if made
within ten days of the date of publication shall be heard and finally decided
by the Assistant Consolidation Officer, subject however to the confirmation of
the statement by the Settlement Officer, Consolidation. (3)
As soon as the statement in C.H. Form 44 has
been confirmed by the Settlement Officer, Consolidation, entries shall be made
accordingly in the khatauni prepared in Rule 97 for each of such village. The State 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
on those published under Section 10 (1) shall be issued by the Consolidation
Lekhpal. His remuneration for the issue of such extracts shall be the same as
prescribed in the Land Records Manual. (2)
An application for a copy of the Statement of
Prnciples prepared under Section 8-A shall be made to the Assistant
Consolidation Officer with a copy-stamp of Rs. 2.50 for each copy. (3)
A copy of an allotment order may be issued by
the Consolidation Lekhpal on payment to him as his remuneration a fee of Re.
0.25 per copy. (4)
Applications for copies of maps and final
documents prepared under provisions of the Act not covered by sub-rules (1) to
(3) shall be made to the Assistant Consolidation Officer, or in respect of
copies of judgment, statement, etc, forming part of judicial procedings, shall
be made to the Presiding Officer of the Court concerned and shall be charged
for according to the scale of fee and in the manner laid down in Chapter IX of
Manual of Orders of Government of U.P. in the Revenue Department. The Consolidation Scheme in
respect of a village prepared voluntarily by the tenure-holders of village
shall be submitted for consideration to the Deputy Director, Consolidation, in
C.H. Form 23-A (Parts I and II) and shall be accompanied by the copies of the
field book and the village annual register on which it is based, as also by
copy of map of the villlage showing the details of the proposals incorporated
in Consolidation Scheme. (1)
Order passed in cases coverd by sub-section
(2) of Section 52 shall be given effect to by the consolidation authorities,
authorised in this behalf under subsection (2) of Section 42. In case there be
no such authority, the Assistant Collector-incharge of the sub-division, the
Tahsildar, the Naib-Tahsildar, the Supervisor Kanungo, and the Lekhpal of the
area to which the case relates shall, respectively, perform the functions and
discharge the duties as the Settlement Officer, Consolidation, Consolidation
Officer, the Assistant Consolidation Officer, the Consolidator, and the
Consolidation Lekhpal respectively for the propose of giving effect to the
order, aforesaid. (2)
If for the purpose of giving effect to an
order referred to in sub-rule (1) it becomes necessary to reallocate affected
chaks, necessary orders may be passed by the Consolidation Officer, or the
Tahsildar, as the case may be, after affording proper opportunity of hearing to
the parties concerned. (3)
Any person aggrieved by the order of the
Consolidation Officer, or the Tahsildar, as the case may be, may, within 15
days of the order passed under sub-rule (2), file appeal before the Settlement
Officer, Consolidation or the Assistant Collector incharge of the sub-division,
as the case may be, who shall decide the appeal after affording reasonable
opportunity of being heard to the parties concerned, which shall be final. (4)
In case delivery of possession becomes
necessary as a result of orders passed under sub-rule (2) or sub-rule (3), as
the case may be, for the provisions of Rules 55 and 56 and shall, mutatis
mutandis, be followed. (1)
Where more than one case of proceeding
involving substantially the same question for determination and based on the
same cause of action are pending before two or more consolidation authorities,
they shall upon an order passed on an application made by any party to or suo
motu by the authority to which the authorities before whom cases or proceedings
are pending, are all subordinate, be consolidated before one authority and
decided by a single judgment. (2)
A consolidation authiority may consolidate
suo motu cases or proceedings pending before it, if it is satisfied, for
reasons to be recorded, that such a course is necessary for a proper and
expeditious disposal of the cases or proceedings and that it would not
prejudice the interest of any party to the case or the proceeding. The Director of
Consolidation, shall exercise powers of supervision and superintendence over
the staff employed in consolidation organisation of the State and may for that
purpose issue such directions as may be necessary. [24][An
application under Section 48 of the Act shall be presented by the applicant or
his duly authorised agent to the Joint/Deputy/Assistant Director of
Consolidation, nominated by the Director of Consolidation, Uttar Pradesh for
the district or Settlement-Officer (Consolidation) unit concerned or failing
posting of any such Joint/Deputy/Assistant Director of Consolidation in the
district, to the District Deputy Director (Consolidation) within 30 days of the
order against which the application is directed. It shall be accompanied by a
copy of the judgment or order in respect of which the application is preferred.
Copies of judgment or order, if any, of other subordinate authorities in
respect of dispute shall also be filed alonwith the application.] (1)
Proceedings which under the provisions of
Section 49 of the U.P. Consolidation of Holdings (Amendment) Act, 1958, are to
be conducted and concluded in accordance with the provisions of the U.P.
Consolidation of Holdings Act, 1953 (U.P. Act V of 1954) as it stood
immediately before this amendment by the Amendment Act of 1958 shall be
governed by the Rules of 1954 as they stood immediately before amendments made
in those rules through Notification No. 160-CH/1-A280-58, dated April 16, 1959. (2)
Proceedings which under the provisions of
sub-section (1) of Section 47 of the U.P. Consolidation of Holdings (Amendment)
Act, 1963 (VIII of 1963) are to be conducted and concluded in accordance with
the provisions of the U.P. Consolidation of Holdings Act, 1953 (V of 1954) as
it stood immediately before its amendment by the Consolidation of Holdings
(Amendment) Act (VIII of 1963) shall be governed by the rules as they stood
immediately before their amendment through Notification No. 437-CH/I-E256-61,
dated March 25, 1964: Provided that the provisions
of Rules 3, 3-A, 14, 55, 56, 56-A, 57, 58, 61, 65, 85, 86, 90, 100, 101, 101-A
and 101-B as they stand after their amendment, through the notification
aforesaid shall apply, and the provisions of Rules 87, 88 and 89 Omitted by the
said notification shall not apply, to the work in regard to or connected with
consolidation operations even to units covered by sub-section (1) of Section 47
of the U.P. Consolidation of Holdings (Amendment) Act, 1963 (Act VIII of 1963). Explanation. The forms
applicable to any proceedings all accord with the rules applicable to such
proceedings under sub-rule (1) or sub-rule (2) of this rule. (i)
The Assistant Consolidation Officer shall
prepare the draft plan referred to in Section 52-A of the Act on the basis of
the entries in the current Khasra, Khatauni and the map. (ii)
Where any entry in the records mentioned in
sub-rule (1) is modified in pursuance of an order passed under any law, the
Assistant Consolidation Officer shall make a reference to the order and note
its operative portion against the said entry. The entries so corrected shall be
taken into account in the preparation of the draft plan.][25] Where, in order to provide
chak road or chak gul re-arrangement of chaks becomes necessary, the Assistant
Consolidation Officer shall determine the exchange ratio of the plots or parts
of plots of a holding or of land vested in the Gaon Sabhas, likely to be
affected by such re-arrangement by ascertaining the productivity, location and
existing soil class of the plot or plots and by spot verification in the
company of as many tenure-holders of the unit as he may be able to collect. The
exchange ratio so determined shall be mentioned in Column 4 of C.H. Form 23-B,
Part I and Column 12 of the C.H. Form 23-B, Part II, as the case may be. The amount of a compensation
payable to tenure-holders wherever necessary, would be calculated in C.H. Form
23-B (Part III). (1)
The draft plan referred to in Rule 113 shall
be prepared in C.H. Form 23-B (Part I) and C.H. Form 23-B (Part II)]. (2)
The draft plan as prepared under sub-rule (1)
shall then be published in the village in accordance with Section 3(8).
Relevant extracts of the draft plan shall also be issued to the tenure-holders
concerned or the Chairman of Land Management Committee, as the case may be. [1] Inserted by
Notification No. 437-CH-JE-256-6, dated March 25, 1964, published in the U.P.
Gazette, Part 1-A, dated April 11, 1964. [2] Sub-rule (6) of Rule
3 Substituted by Notification No. 65-24/LXXX-357-U.P. A1953Rule 1954AM. (2)-81,
dated 28th April, 1981. [3] Inserted by
Notification No. 31/1/65-IE. dated April 21, 1969. [4] Inserted by
Notification No. 31/1/65-IE. dated April 21, 1969. [5] Substituted by
Notification No. 21/1/76-Revenue- 8, dated July 23, 1977, published in U.P.
Gazette, Part 1 -Ka, dated 20th August, 1977. [6] Inserted by
Notification No. 31/1/65-IE. dated April 21, 1969. [7] Substituted by
Notification No. 113/VIII-73-Rev-8 U.P. Act V-54 Rule 54Amend-1978. dated
27-10-1978. [8] Substituted by
Notification No. 55-35-73-Rev8, dated June 8, 1976. [9] Substituted by
Notification No, 31-I-1979-Rev8. dated 15-11-1979. published in U.P. Gazette
(Extra.), dated 16th Nov., 1979. [10] Substituted by
Notification No. 31-1-1970-IE, dated November 15, 1971, published in U.P.
Gazette, Part 1-Ka, dated 4th December, 1971. [11] Substituted by
(Twenty First Amendment) Rules, 1980, dated 20-2-1980, vide Notification No.
65/69/79 (1226) Rev. UPA- 5/1954-AM (21) - 1980, dated 20th Feb, 1980,
published in U.P. Gazette (Extra.), dated 23rd Feb., 1980. [12] Rule 71 fully,
substituted by Notification No 46/6/70Revenue8, dated 7th Nov., 1973, and
re-substituted only sub-rule (1) of Rule 71 by Notification No.46/6/70Revenue
8, dated 6th January, 1975, published in U.P. Gazette. Part I-ka, dated 25th
Jan., 1975. [13] Substituted by
Notification No. 46/6/70-Rev.-8, dated 7-11-1973. [14] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [15] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [16] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [17] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [18] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [19] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [20] Omitted by
Notification No. 31/2/69-1E, dated April 30, 1971. [21] Substituted by
Notification No. 31/2/69I-E. dated April 30, 1971 [22] Substituted by
Notification No. 31/2/69I-E. dated April 30, 1971 [23] Substituted by
Notification No. 31/2/69I-E. dated April 30, 1971 [24] Substituted by
Notification No. 437-CH/I256-61, dated 25th March, 1969 and again Substituted
by U.P. Consolidation (Twenty-first Amendment) Rules, 1980, dated 20-2-1980,
published in U.P. Gazette (Extra.), dated 23-2-1980 [25]
Substituted by Ibid.UTTAR
PRADESH CONSOLIDATION OF HOLDINGS RULES, 1954
Rule – 5.
Rule – 6.
Rule – 7.
Rule – 9.
Rule – 10.
Rule – 11.
Rule – 12.
Rule – 13.
Rule – 34.
Rule – 35.
Rule – 36.
Rule – 38.
Rule – 40.
Rule – 41.
Rule – 42.
Rule – 43.
Rule – 44.
Rule – 45.
Rule – 46. [See Section 19-A].
Rule – 47. [See Section 9-A].
Rule – 47-A.
Rule – 48. [See Section 20].
Rule – 48-A.
Rule – 48-B. [ See Section 20].
Rule – 49. [See Section 21].
Rule – 50. [See Section 33].
Rule – 51.
Rule – 52.
Rule – 53.
Rule – 54.
Rule – 54-A. [See Section 24].
Rule – 55. [See Section 28.]
Rule – 56. [See Section 29].
Rule – 56-A. [See Sections 28, 29 and 29-A].
Rule – 56-B. [See Sections 28, 29 and 29-A].
Rule – 57. [See Section 29]
Rule – 58. [See Section 54].
Rule – 59
Rule – 60.
Rule – 61. [See Section 33].
Rule – 62. [See Section 54 (2) (i) and (ii)]
Rule – 63
Rule – 64.
Rule – 65. [See Section 54].
Rule – 66.
Rule – 67. [See Section 27].
Rule – 68. [See Section 27].
Rule – 69.
Rule – 69-A.
Rule – 70. [See Section 51].
Rule – 71. [See Sections 27 and 54].
Rule – 72.
Rule – 73.
Rule – 74.
Rule – 75.
Rule – 76.
Rule – 77.
Rule – 78.
Rule – 79.
Rule – 80.
Rule – 81.
Rule – 82. [See Section 27]
Rule – 83. [See Section 27]
Rule – 84.
Rule – 85. [See Section 27].
Rule – 86. [See Section 27].
Rule – 87.
Rule – 88.
Rule – 89.
Rule – 90.
Rule – 91.
Rule – 92.
Rule – [93.
Rule – 94.
Rule – 95.
Rule – 96.
Rule – 97. [See Section 27].
Rule – [98.
Rule – 99. [See Section 27].
Rule – [100.
Rule – [100-A.
Rule – 101. [See Section 27].
Rule – 101-A.
Rule – 102
Rule – 103.
Rule – 104. [See Section 27]
Rule – 105. [See Section 54]
Rule – 106
Rule – 107.
Rule – 108. [See Section 54.]
Rule – 109. [See Section 27]
Rule – 109-A.
Rule – 109-B.
Rule – 110. [See Section 3 (4)].
Rule – 111. See Sections 19 and 54].
Rule – 112. [See Section 54].
Rule – [113.
Rule – 114. [See Section 52-A].
Rule – 115. [See Section 52-A].
Rule – 116.
Rule – 117. [See Section 52-A].
After confirmation of the plan by the Settlement Officer, Consolidation under
sub-section (8) of Section 52-A, it shall be published in accordance with
sub-section (8) of Section 3 and allotment orders shall be issued in C.H. Form
23-C to the tenure-holders concerned or the Chairman of the Land Management
Committee, as the case may be.Rule – 118. [See Section 52-A].
The plan, as confirmed by the Settlement Officer, Consolidation under
sub-section (8) of Section 52-A, shall be given effect to by the Lekhpal in the
current map and records in the manner indicated in sub-rule (2) of Section 113.
The entries made by the Lekhpal shall be checked, dated and signed by the
Consolidator and the Assistant Consolidation Officer.