LexThe Uttar Pradesh Consolidation of Holding Act, 1953
Uttar Pradesh · state statute
Open in Lexace · Ask the AI about this act
72
THE UTTAR PRADESH CONSOLIDATION OF HOLDINGS
ACT, 19531
[U. P. Act No. V of 1954]
Amended by
U. P. Act no. 26 of 1954
U. P. Act no. 13 of 1955
U. P. Act no. 20 of 1955
U. P. Act no. 24 of 1956
U. P. Act no. 16 of 1957
U. P. Act no. 38 of 1958
U. P. Act no. 33 of 1961
U. P. Act no. 8 of 1963
U. P. Act no. 12 of 1965
U. P. Act no. 21 of 1966
President’s Act no. 18 of 1968
U. P. Act no. 4 of 1969
U. P. Act no. 31 of 1970
U. P. Act no. 34 of 1974
U. P. Act no. 30 of 1975
U. P. Act no. 35 of 1976
U. P. Act no. 6 of 1978
U. P. Act no. 20 of 1982
U. P. Act no. 24 of 1986
U. P. Act no. 30 of 1991
U. P. Act no. 3 of 2002
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on
April 2, 1953 and by the Uttar Pradesh Legislative Council on
April 20, 1953.
Received the assent of t he President on March 4, 1954 under
Article 201 of the Constitution of India and was published in the Uttar
Pradesh Gazette Extraordinary, dated March 8, 1954.]
AN
ACT
to provide the consolidation of agricultural holdings in Uttar
Pradesh for the development of agriculture.
WHEREAS it is expedient to provide for consolidation of
agricultural holdings in Uttar Pradesh for the development of
agriculture.
It is hereby enacted as follows :—
CHAPTER–I
PRELIMINARY
Short title,
extent and
commencement
1. (1) This Act may be called the Uttar Pradesh Consolidation of
Holdings Act, 1953.
(2) It extends to the whole of Uttar Pradesh.
——————————————————————————————————————————
1. For Statement of Objects and Reasons see U. P. Gazette Extraordinary, dated March 7, 1953.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
74
(3) This section shall come into force at once and the remainder of
the Act shall come into force on such date as the State Govern ment may,
by notification in the official Gazette, appoint in this behalf and different
dates may be appointed for different parts of Uttar Pradesh.
Repeal U. P.
Act VIII of
1939
Definitions
2. The U. P. Consolidation of Holdings Act, 1939 is hereby
repealed.
3. In this Act unless there is anything repugnant in the subject or
context,—
(1) “Assistant Consolidation Officer” means a person appointed as
such by the State Government to exercise the powers and perform the
duties of an Assistant Consolidati on Officer under this Act or the rules
made thereunder [and shall include an Assistant Rectangulation
Officer.]1
2[(1-A) “Chak” means the parcel of land allotted to a tenure holder
on consolidation.]2
2[(2) “Consolidation” means re -arrangement of holdi ngs in a unit
amongst several tenure -holders in such a way as to make their
respective holdings more compact.
Explanation—For the purposes of this clause, holding s hall not
include the following :–
(i) land which was grove in the agric ultural year immedi ately
preceding the year in which the notification under section 4 was
issued ;
(ii) land subject to fluvial action and intensive soil erosion;
U. P. Act No. I
of 1951
(iii) land mentioned in section 132 of the U. P. Zamindari
Abolition and Land Reforms Act, 1950 ;
(iv) such compact areas as are normally subject to prolonged
water-logging ;
(v) usar, kallar, and rihala plots forming a compact area
including cultivated land within such area ;
(vi) land in use for growing pan, rose, bela, jasmine and
kewra ; and
(vii) such other areas as the Director of Consolidation may
declare to be unsuitable for the purpose of consolidation ;] 2
[(2-A) “Consolidation area” means the area, in respect of which a
notification under section 4 has been issued, except such portion thereof
to which the provisions of the U. P. Zamindari Abolition and Land
Reforms Act, 1950 , 3[or any other Law by which Zamindari System has
been abolished]3 do not apply].
——————————————————————————————————————————
1. Ins. by sec. 2 of U. P. Act 8 of 1963.
2. Subs. by sec. 2 (3) of U. P. Act 38 of 1958.
3. Ins. by sec. 3 of U.P. Act 30 of 1991.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
76
1 [(2-AA) “C onsolidation Committee” means a committee to be
constituted in the manner prescribed for the purposes of the Act;]
2 [(2-B) “Consolidation Lekhpal” means a person appointed as
such by the State Government to perform the duties of a Consolidation
Lekhpal under this Act or the rules made thereunder and shall in areas
under consolidation operations, include a Lekhpal appointed under the
U. P. Land Revenue Act, 1901 ;]
3[(3) “Consolidation Officer” means a person appointed as such by
the State Government to exercise the powers and perform the duties of a
Consolidation Officer under this Act or the rules made thereunder 4(and
shall include a Rectangulation Officer ;)]
5[(3-A) “Consolidator” means a person appointed as such by the
State Government to exerci se the powers and performs the duties of a
consolidator under the Act or the rules made thereunder] 6[and shall
include a Rectangular and also in areas under consolidation operations,
the Supervisor Kanungo appointed under the U. P. Land Revenue Act,
1901 for that area ;]
7[(3-B) “Consolidation Scheme” means the scheme of consolidation in
a unit ;]
8[(4) “Director of Consolidation” means the person appointed as
such by the State Government to exercise the powers and perform the
duties of the Director o f Consolidation under this Act or the rules made
thereunder and shall include and Additional Director of Consolidation
and a Joint Director of Consolidaiton ;]
9 [(4-A) “Deputy Director of Consolidation” means a person
appointed as such by the State Government to exercise such po wers and
perform such duties of the Director of Consolidaiton as may be delegated
to him by the State Government and shall include a District Deputy
Director of Consolidaiton and Assistant Director of Consolidaiton;
(4-B) “District Deputy Director of Consolidation” means a person
who is for the time being the Collector of the District ;
(4-C) “Holding” means parcel or parcels of land held under one
tenure by a tenure-holder singly or jointly with other tenure-holders;]
10[(5) “land” means land held or occupied for purposes connected
with agriculture , horticulture and animal husbandry (including
pisciculture and poultry farming) and includes :–
——————————————————————————————————————————
1. Add. by sec. 2 (4) of U.P. Act 38 of 1958.
2. Add. by sec. 2 (5) ibid.
3. Add. by sec. 2 (6) ibid.
4. Ins. by sec. 2 (3) of U. P. Act 8 of 1963.
5. Subs. by sec. 2 (7) of U. P. Act 38 of 1958.
6. Ins. by sec. 2 (4) of U. P. Act 38 of 1958.
7. Add. by sec. 2 (5) ibid.
8. Subs. by sec. 2 (8) of U. P. Act 38 of 1958.
9. Add. by sec. 2 (9) ibid.
10. Subs. by sec. 2 (6) of U. P. Act 8 of 1963.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
78
(i) the site, being a part of holding of a house or other similar
structure ; and
(ii) trees, wells and other improvements existing on the plots
forming the holding ;]
Act V of 1908 (6) “Legal representative ” has the meaning assigned to it in the
Code of Civil Procedure, 1908 ;
(7) “Prescribed” means prescribed by rules made under this Act ;
1 [(8) “Publication in the Unit” or “publish in the unit” with
reference to any document means reading out the document in the unit
on a date of which prior notice shall be given by beat of drum, and
proclamation by beat of drum, or, in any other customary mode, in the
unit of the fact that the document is open to public inspection at any
appointed place and time :
Provided that where a Consolidation Committee has been
constituted for the unit each member of the said Committee shall also be
individually informed of the fact of publication ;]
2[(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 ;]
3[(9) “Settlement Officer Consolidation” means a person appointed
as such by State Government to exercise the powers and perform the
duties of a Settlement Officer, Consolidaiton under this Act and the rules
made thereunder and shall include an Additional Settlemen t Officer,
Consolidation and Assistant Settlement Officer, Consolidation ;]
(10) “State Government” means the Government of Uttar Pradesh;
[(11) “Tenure -holder” means a [bhumidhar with transferable
rights or bhumidhar with non-transferable rights]4 and includes—
(a) an asami,
(b) a Government lessee or Government grantee, or
(c) a co -operative farming society satisfying such conditions as
may be prescribed ;]
5 [(11-A) “Unit” means village or part thereof, and where the
Director of Consolidation so notifies by publication in the official Gazette,
two or more villages or parts thereof or which a singles scheme of
consolidation is to be framed ;]
(12) Words and expressions—
(a) not defined in this Act but 6[used or] defined in t he U. P.
Land Revenue Act, 1901; or
——————————————————————————————————————————
1. Subs. by sec. 2 (11) of U. P. Act 38 of 1958.
2. Add. by sec. 2 (7) of U. P. Act 8 of 1963.
3. Subs. by sec. 2 (12) of U. P. Act 38 of 1958.
4. Subs. by sec. 3 (b) of U. P. Act 30 of 1991 (for bhumidhar or sirdar)
5. Ins. by sec. 2 (14) of U. P. Act 38 of 1958.
6. Subs. by sec. 2 (15) of U. P. Act 38 of 1958.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
80
(b) not defined in this Act or in the U. P. Land Revenue Act,
1901 but [used or] 1 defined in the U. P. Zamindari Aboli tion and
Land Reforms Act, 1950;]
Shall have the meanings a ssigned to them in the Act in
which they are so [used or]1 defined ; and
(13) The references to the Uttar Pradesh Zamindari Abolition and
Land Reforms Act, 1950 and the U. P. Land Revenue Act , 1901, shall be
construed as references to the said Acts as amended from time to time.]2
CHAPTER–II
REVISION AND CORRECTION OF MAPS AND RECORDS
3[ 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 co nnection with
Rectangulation or otherwise and to take levels of any land in such
area ;
(ii) to fix pillars in connection with Rectangulation ; and
(iii) 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 Sta te Government decides to start consolidation
operations, either in an area co vered by a declaration issued under sub -
section (2) or in any other area, it may issue a notification to this effect.
4[(b) Every such notification shall be published in the Gazette and
in a daily newspaper having circulation in the said area and shall also be
published in each unit in the said area in such manner as may be
considered appropriate.]4
5[4-A. (1) Where the State Government is of opinion that in the
case of a di strict or part thereof in respect of which a notification has
already been issued under section 52, it is expedient in public interest so
to do, it may make a declaration by notification in the Gazette that the
such district or part thereof may again be br ought under consolidation
operation :
——————————————————————————————————————————
1. Subs. by sec. 2 (15) of U. P. Act 38 of 1958.
2. Subs. by sec. 2 (15) ibid.
3. Add. by sec. 2 (15) of U. P. Act 3 of 1958.
4. Subs. by sec. 4 of U. P. Act 30 of 1991.
5. Add. by sec. 30 of U. P. Act 35 of 1976.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
82
[Provided that no such declaration shall be issued within twenty
years from the date of the notification referred to in the said section, but
in special circumstanc es the State Government may, in public interest,
issue such declaration after ten years from the said date.]1
(2) The provisions of this Act shall mutatis mutandis apply to
every notification issued under sub -section (1) as they apply to a
notification under section 4.]
2[5. Effect of 3[notification under section 4(2)]—
(1) Upon the publication of the notification 3[under sub-section (2)
of section 4] in the official Gazette, the consequences as hereinafter set
forth, shall subject to the provisions of this Act, from the date specified
thereunder till the publication of notification under section 52 or sub -
section (1) of section 6, as the case may be, ensue in the area to which
the [notification under sub-section (2) of section 4]3 relates, namely:–
(a) the district or part thereof, as the case may be, shall be
deemed to be under consolidation operations and the duty of
maintain the record -of-rights and preparing the village map. The
field book and the annual register of each village shall be
performed by the District Deputy Director of Consolidation, who
shall m aintain or prepare them, a s the case may be, in the
manner prescribed ;
(b) 4[* * * ]
(c) notwithstanding anything contained in the U. P.
Zamindari Abolition and Land Reforms Act, 1950, n o tenure -
holder except with the permission in writing of the Settlement
Officer, Consolidation, previously obtained shall—
(i) use his holding or any part thereof for purposes not
connected with agriculture, horticulture or animal
husbandry including pisciculture and poultry farming ; or
(ii) [ **** ]5
Provided that a tenure holder may continue to use his
holding, or any part thereof, for any purpose for which it
was in used prior to the date specified in the notification
issued [under sub-section (2) of section 4.]
6[(2) Upon the said publication of the notification under sub -
section (2) of section 4 the following further consequences shall ensue in
the area to which the notification relates, namely:—
(a) every proceeding for the correction of records and every
suit and preceeding in respect of declaration of rights or interest
in any land lying in the, area, or for declaration or adjudication of
any other right in regard to which proceedings can or ought to
be taken under this Act, pending before any court or authority
——————————————————————————————————————————
1. Subs. by sec. 19 of U.P. Act 24 of 1986 [U.P. Land Laws (Amend) Act, 1986]
2. Subs. by sec. 4 of U. P. Act 38 of 1958.
3. Subs. by sec. 45 of U. P. Act 12 of 1965.
4. Del. by sec. 2 of U. P. Act 21 of 1966.
5. Omit. by sec. 5 of U. P. Act 30 of 1991.
6. Add. by sec. 2 (2) of U. P. Act 21 of 1996.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
84
whether of the first instance or of appeal, reference or revision
shall on an order being passed in that behalf by the court or
authority before whom such suit or proceeding is pending, stand
abated :
Provided that no such order shall be passed without giving to the
parties notice by post or in any other manner and after giving them an
opportunity of being heard ;
Provided further that on the issue of the notification under sub -
section (1) of section 6, in respect of the said area or part thereof every
such order in relation to the land lying in such area or part, as the case
may be, shall stand vacated ;
(b) such abatement shall be without prejudice to the rights of the
persons affected to agitate the right or interest in dispute in the said
suits or proceedings before the appropriate consolidation authorities
under and in accordance with the provisions of this Act and the rules
made thereunder.]
1[Explanation—For the purposes of sub -section (2), a proceeding
under the Uttar Pradesh Imposition of Ce lling on Land Holdings Act,
1960 or an uncontested proceeding under sections 134 to 137 of the
U.P. Zamindari Abolition and Land Reforms Act, 1950, shall not be
deemed to be a proceeding in respect of declaration of rights or interest
in any land.]
6. Cancellation of [notification]2 under section 4—
(1) It shall be lawful for the State Government at any time to
cancel the [notification] 2 made under section 4 in respect of the whole or
part of the area specified therein.
3[(2) Where a [notification] ha s been cancelled in respect of any
unit under sub -section (1), such area shall subject to the final orders
relating to the correction of land records, if any, passed on or before the
date of such cancellation, cease to be under consolidation operation with
effect from the date of the cancellation.]
Special
provision with
respect to
undisputed
succession or
transfer
4[6-A (1) After the publication of notification under sub -section
(2) of section 4 or section 4 -A and before start of the proceeding under
section 8, a case of undisputed succession shall be disposed of by the
Consolidator, and a case of undisputed mutation on the basis of transfer
shall be disposed of by the Assistant Consolidation Officer, in such
manner and after making such inquiry as may be prescribed :
Provided that no case shall be entertained, continued or disposed
of under this section after start of the proceeding under section 8.
(2) An order made under sub -section (1) shall not be a bar to an
objection under section 9.]4
——————————————————————————————————————————
1. Subs. by sec. 31 of U. P. Act 35 of 1976 and shall be deemed always to have been substituted.
2. Subs. by sec. 4 of U. P. Act 8 of 1963.
3. Subs. by sec. 5 of U. P. Act 38 of 1958.
4. Ins. by sec. 2 of U. P. Act 3 of 2002.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
86
7. Revision of village map —With a view to facilities the revision
of records of each village or part thereof in the unit and subject to the
provisions herei nafter contained, the District Deputy Director of
Consolidation shall, before 1[the provisional consolidation scheme] for a
unit is prepared, cause to revise the village maps of such unit.
2 [8. Revision of the field -book and the current annual
register, determination of valuations and shares in joint holdings —
(1) Upon the revision of 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 plots after taking into consolidation 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) ascert ained the share of each owner, i f 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 sh owing the mistakes
[undisputed cases of succes sion]3 undisputed cases of succession and
disputes discovered during the test and verification of the annual register
in the course of the field-to field partal.]
4[8-A Preparation of Statement of Principles—
(1) The Assistant Consolidation Officer shal l, in consultation with
Consolidation Committee, prepare, in respect of each unit under
consolidation operations, a statement in the prescribed from (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 ;
——————————————————————————————————————————
1. Subs. by sec. 5 of U. P. Act 8 of 1963.
2. Subs. by sec. 4 of U. P. Act 8 of 1963.
3. Ins. by sec. 6 of U. P. Act 30 of 1991.
4. Add. by sec. 7 of U. P. Act no. 8 of 1963.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
88
(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.
1[(d) the standard plots for each unit.]
2[(3) The standard plots referred to in clause (d) of sub-section (2 )
shall be determined by the Assistant Consolidation Officer after
ascertaining from the members of the Consol idation Committee and the
tenure-holders of the units the best plot or plots of the unit, regard being
had to productivity, location a nd the existing soil class of the plot or
plots.]
3[9. Issue of extracts from record and statements and publication
of the records mentioned in sections 8 and 8 -A and the issue of notices
for inviting objections—
(1) Upon the preparation of the records a nd the statements
mentioned in section s 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 -holder concerned and other persons
interested, notices containing relevant extracts from the current
annual register and such other record as may be prescribed
showing—
(i) their rights in and liabilities in relation to the land;
(ii) mistakes [undisputed cases of succession ]4 and disputes
discovered under section 8 in respect thereof ;
(iii) specific shares of individual tenure -holder in joint
holdings for the purpose of effecting partitions, where necessary,
to ensure proper consolidation ;
(iv) valuations of the plots ; and
(v) valuation of trees, wells and other improv ements for
calculating compensatio n there or and its Apportionmeny
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 twenty-one days of the
——————————————————————————————————————————
1. Add. by sec. 9 (i) of U. P. Act no. 6 of 1978.
2. Add. by sec. 9 (ii) of U. P. Act no. 6 of 1978.
3. Subs. by sec. 9 ibid.
4. Ins. by sec. 7 of U. P. Act no. 30 of 1991.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
90
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.]
1 [9-A. Disposal of cases relating to claims to land and
partition of joint holdi ngs— (1) The Assistant Consolidation Officer
shall–
(i) where objection in respect of claims to land or partition of
joint holdings are filled, after hearing the parties concerned ; and
(ii) where no objections are filed, after making such e nquiry
as h e may deem necessary, s ettle 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 :
[Provided that where the Assistant Consol idation Officer,
after making such enquiry as he may deem necessary, is satisfied
that a case of succession is undisputed, he shall dispose of the
case on the basis of such enquiry.]2
(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
appointment amongst, co -owners, i f 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 Offic er, w hile acting under
sub-section (2), shall be d eemed to be a court of competent juris diction
anything to the contrary contained 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 Assista nt Consolidation Officer shall after
affording opportunity of being heard to the parties concerned and after
taking into consideration the views of the Consoli dation Committee,
submit his report to the Consolidaiton 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 the correctness,
make local inspection of the unit, after giving due notice to the
Consolidation Committee and may thereafter make such modification or
alterations in the Statement of Principles as he may consider necessary.
——————————————————————————————————————————
1. Subs. by sec. 9 of U.P. Act no. 8 of 1963.
2. Ins. by sec.8 of U. P. Act no. 30 of 1991.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
92
(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 decidin g 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 Consolidaiton Officer or the Consolidation
Officer may pa rtition joint holdings under section 9 -A notwithstanding
anything to the contrary contained in 178 of the Uttar Pradesh
Zamindari Abolition and Land Reforms Act, 1950, or any other law, and
may also partition the same suo moto.
(2) The partition of join t holdings shall be affected on the basis of
shares, provided that there the tenure -holders concerned agree, it may
be affected on the basis of specific plots.
1[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.]
210-A. [ X X X ]
210-B [ X X X ]
3 [11. Appeals— (1) Any party to the proceeding s under
section 9-A aggrieved by an order of the Assistant Consolidaiton 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 order under this Act, shall be final an d not 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 in any law for the time
being in force notwithstanding.]
——————————————————————————————————————————
1. Subs. by sec. 10 of U. P. Act no. 8 of 1963.
2. Del. by sec. 6 of U. P. Act no. 38 of 1958.
3. Subs. by sec. 11 of U. P. Act no. 8 of 1963.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
94
1[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 improvement 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, relati ng to the consolidation area 2[which has
been raised under section 9 or which might or ought to have been raised
under that section,] but has not been so raised shall be raised or heard
at any subsequent stage of the Consolidaiton proceedings.]
11-B. [ X X X ]3
4[11-C. In course of hearing of an objection under section 9 -A or
an appeal under section 11 or in proceedings under section 48, the
Consolidation Officer, the Settlement Officer (Consolidation) or the
Director of Co nsolidation, as the case may be, may direct that any land
which vests in the State Government or the Gaon Sabha or any other
local body or authority may be recorded in its name, even though no
objection, appeal or revision has been filed by such Government , Gaon
Sabha, body or authority.]
5[12. Decision of matters relating to changes and transactions
affecting rights or interests recorded in revised records.—
(1) All matters relating to changes and transfers affecting any of
the rights or interest reco rded 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 wh en
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 section.]
6 [12-A. Assessment of land revenue on new holdings and
distribution of revenue on parts of holdings.—
(1) Notwithstanding anything contained in U. P. Zamindari
Abolition and Land Reforms Act , 1950, the Settlement Officer,
Consolidaiton, may subject to the rules made in this behalf—
(a) determine the amount of land revenue payable by a
tenure-holder on land on which he acquires rights as a result or
orders under 7[X X X] this Act, and
——————————————————————————————————————————
1. Subs. by sec. 12 of U. P. Act no. 8 of 1963.
2. Subs. by sec. 24 of U. P. Act no. 4 of 1969.
3. Del. by sec. 13 of U. P. Act no. 8 of 1963.
4. Ins. by sec. 22 of U. P. Act no. 34 of 1974.
5. Subs. by sec. 14 of U. P. Act no. 8 of 1963.
6. Ins. by sec. 7 of U. P. Act no. 8 of 1963.
7. Omit. by sec. 15 of U. P. Act no. 8 of 1963.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
96
(b) where necessary, also determine the amount of land
revenue payable in respect of a portion of the tenure -holder’s
holding.
(2) In assessing the amount of land revenue payable under sub -
section (1), the provisions of the U. P. Zamindari Abolition and Land
Reforms Act, 1950 and the rules made thereunder shall mutatis
mutandis apply.]
12-B. [ X X X ]1
12-C. [ X X X ]1
2[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, applies to the Consolidation Officer
to amalgamate their holding s of like tenure on such terms as may be
agreed upon between them. The Consolidat ion Officer may, if the
proposed amalgamation is in the interest of consol idation give effect to
the same.]
CHAPTER–III
Preparation of Consolidation Scheme
13. [ X X X ]3
13-A. [ X X X ]3
13-B. [ X X X ]3
13-C. [ X X X ]3
13-D. [ X X X ]3
14. [ X X X ]3
15. [ X X X ]3
16. [ X X X ]4
16-A. [ X X X ]5
16-B. [ X X X ]5
17. [ X X X ]3
18. [ X X X ]3
6 [19]. Consolidation to be fulfilled by a consolidation
scheme—
(1) A Consolidai ton 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 p urposes under this
Act, secured in the lands allotted to him ;
——————————————————————————————————————————
1. Del. by sec. 16 of U. P. Act no. 8 of 1963.
2. Subs. by sec. 17 ibid.
3. Del. by sec. 18 ibid.
4. Del. by sec. 11 of U. P. Act no. 38 of 1958.
5. Del. by sec. 13 ibid.
6. Subs. by sec. 19 of U. P. Act no. 8 of 1963.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
98
(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 o f plots
originally held by him :
Provided that, except with the permission of the Director of
Consolidaiton, 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 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 there he holds t he largest part of his
holding :
Provided that no tenure -holder may be allotted more chaks
than three except with the approval in writi ng of the Deputy
Director of Consolidation :
Provided further that no Consolidaiton 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 exi sts 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 c haks
in conformity with the process of rectangulation in r ectangulation
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.]
1[19-A. Preparati on of provisional consolidation scheme by
the Assistant Consolidaiton Officer—
(1) The Assistant Consolidation Officer shall in consultation with
the Consolid ation Committee, prep are 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 or any
other law for the time being in force, it shall be lawful for the Assistant
——————————————————————————————————————————
1. Ins. by sec. 20 of U. P. Act no. 8 of 1963.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
100
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
belonging to the State Government ] 1 or 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 U. P. Zamindari Abolit ion and Land
Reforms Act, 1950 :
Provided 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 pro posed to transfer the rights of the public
as well as all individuals in or over that land to any other land specified
in the declaration and earmarked for that purpose in the provisional
Consolidaiton Scheme.]
2[20. Publication of the provisional consol idation scheme and
receipt of objection thereon—
(1) Upon the preparation of the provisional Consolidaiton scheme,
the Assistant Consolidation Officer shall send or cause to be sent, to the
tenure-holder 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 (!), and any other
person aff ected 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
consolidation scheme, as the case may be , file an objection before the
Assistant Consolidaiton Officer or the Consolidaiton Officer.
(3) Any person affected or any person having any interest or r ight
in addition to the right of publi c 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, fi le an
objection before the Assistant Consolidation O fficer or the Consolidation
Officer stating the nature of such interest or right.]
3[21. Disposal of objec tions to the provisional Consolidation
Scheme—
(1) All objections received by the Assistant Con solidation Officer
shall, as soon as may be, after the expiry of the period of limitation
prescribed therefore be submitted by him to the Consolidaiton Officer,
who shall dispose of the same, as also the objections received by him in
the manner hereinafter provided after notice to the parties concerned
and the Consolidation Committee.]
——————————————————————————————————————————
1. Ins. by sec. 9 of U. P. Act 30 of 1991.
2. Subs. by sec. 21 of U. P. Act no. 8 of 1963.
3. Subs. by sec. 18 (1) of U. P. Act no. 38 of 1958.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
102
(2) Any person aggrieved by the order of the Consolidation Officer
under sub-section (1) may, within 1[15] days of the date of the order, file
an appeal before the Settlement Officer, Consolidation, whose decision
shall except as otherwise provided by or under this Act, be final.
2 [(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 Consolidaiton Officer or the Settlement Officer,
Consolidation, as the case may be, is of the opinio n 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 ca se 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 revised 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 Consodilidation O fficer 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 Of ficer, or the Consolidation Officer, as the Settlement
Officer, Consolidation may think fit, with such di rections as he may
consider necessary.]
(5) [ X X X ]3
(6) [ X X X ]3
22. [ X X X ]4
5[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 may be necessary in view of the orders passed
under sub-section (1) to (4) of section 21.
——————————————————————————————————————————
1. Subs. by sec. 22 (1) of U. P. Act no. 8 of 1963.
2. Subs. by sec. 22 (2) ibid.
3. Omit. by sec. 22 (2) ibid.
4. Omit. by sec. 23 ibid.
5. Subs. by sec. 24 ibid.
[The Uttar Pradesh Consolidation of Holdings Act, 1953]
104
(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 sect ion 21 and are confirmed under sub -section (1), the
extracts contained in the notice i ssued under section 20, shall 1[except
as provided by or under this Act ] be treated as final allotment orders for
the tenure-holders concerned.]
(ii) In cases not cove red 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 O fficer Consolidation, where he has
modified the allotment, and the same shall 1[except as otherwise
provided by or under this Act] be the final allotment , orders for
the tenure-holders concerned.]
CHAPTER–IV
ENFORCEMENT OF THE SCHEME
2[24. Possession and accrual of compensation for trees, etc.—
(1) The Settlement Officer, Consolidation shall fix the date to be
notified in the unit from which the 3[final consolidation scheme] shall
come into force. On and after the said dat e a tenure -holder shall be
entitled to enter into possession of the plots allotted to him.
(2) On from the date of obtaining possession every tenure -holder
getting trees, wells and other improvements existing on the plots allotted
to him in pursuance o f the enforcement of the [final consolidation
scheme] 4 shall be liable 3[for the payment of] and pay to the former
tenure-holder thereof, compensation for the trees, wells and other
improvements allotted to him to be determined in the manner
hereinbefore provided.
25. [ X X X ]5
26. [ X X X ]5
26-A. [ X X Excerpt shown. Open the full act in Lexace.