UTTAR PRADESH CONSOLIDATION OF HOLDINGS ACT, 1953
(1) This Act may be called the U.P. Consolidation of Holdings Act, 1953.
(2) It extends to the whole of Uttar Pradesh.
[(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 Government may, by notification in the Official Gazette, appoint in this behalf and different dates may be appointed for different parts of Uttar Pradesh.]
The U.P. Consolidation of Holdings Act, 1939, is hereby repealed.
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 Consolidation Officer under this Act or the rules made thereunder] [and shall include an Assistant Rectangulation Officer];
[(1A) 'chak' means the parcel of land allotted to a tenure-holder on consolidation];
[(2) 'Consolidation' means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact];
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(1)(a) The State Government may, where it is of opinion that a district or part thereof may be brought under consolidation operations, make a declaration to that effect in the Gazette, whereupon it shall become lawful for any officer or authority who may be empowered in this behalf by the District Deputy Director of Consolidation -
(i) to enter upon and survey, in connection with rectangulation or otherwise, and to take levels of any land in such area;
(ii) to 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 declaratio
(1) Where the State Government is of opinion that in the case of a district 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 such district or part thereof may again be brought under consolidation operation :]
[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 circumstances the State Government may, in public interest, issue such declaration after ten years from the said date.]
(2) The provisions of this Act shall mutatis mutandis apply to every notification issued under sub-section (1) as they app
(1) Upon the publication of the notification [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 Section 4(2)] 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 maintaining 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 maintain or prepare them, as the case may be, in manner prescribed;
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(1) It shall be lawful for the State Government at any time to cancel the [notification]made under Section 4 in respect of the whole or any part of the area specified therein.
[(2) Where a] [notification] has 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 operations with effect from the date of the cancellation.
Special provision with respect to undisputed succession or transfer. - (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.]
Section 6(A) of the Uttar Pradesh Consolidation of Holdings Act, 1953, deals with special provisions concerning undisputed succession or transfer of land rights during the consolidation process. It provides a mechanism for the automatic transfer or succession of land rights in cases where there is no dispute, thereby streamlining the consolidation proceedings and preventing unnecessary litigation.
Section 6(A) establishes that:- After the publication of a notification under sub-section (2) of Section 4, any case of undisputed succession or transfer shall be disposed of by the consolidator.- Such cases are deemed to have vested in the appropriate authority (either Gaon Sabha or the State Government).- The section also provides that an order made under subsection (1) shall not bar objections under Section 9 of the Act, allowing for the possibility of contesting even undisputed cases if disputes arise later.
In conclusion, Section 6(A) of the Uttar Pradesh Consolidation of Holdings Act, 1953, provides a pragmatic mechanism to dispose of undisputed succession or transfer cases during land consolidation, ensuring efficiency and reducing litigation, while simultaneously safeguarding the right to object and challenge such disposals in genuine cases of dispute or fraud.
With a view to facilitate the revision of records of each village or part thereof in the unit and subject to the provisions hereinafter contained, the District Deputy Director of Consolidation shall, before] [the provisional Consolidation Scheme] for a unit is prepared, cause to be revised the village maps of such unit.
(1) Upon the revision of the maps under Section 7, the District Deputy Director of Consolidation shall, subject to the provisions hereinafter contained, and in such manner as may be prescribed, cause to be -
(i) revised, the field-book of the unit after field to field partal, and the current annual register after its test and verification;
(ii) determined, in consultation with the Consolidation Committee, the valuation of -
(a) each plot after taking into consideration its productivity, location and availability of irrigation facilities, if any; and
(b) all trees, wells and other improvements existing in the plots for the purpose of calculating compensation therefor;
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(1) The Assistant Consolidation Officer shall, in consultation with the Consolidation Committee, prepare, in respect of each unit under consolidation operations, a statement in the prescribed form (hereinafter called the Statement of Principles) setting forth the principles to be followed in carrying out the consolidation operations in the unit.
(2) The Statement of Principles shall also contain -
(a) details of areas, as far as they can be determined at this stage, to be earmarked for extension of abadi including areas for abadisite for Harijans and landless persons in the unit, and for such other public purposes as may be prescribed;
(b) the basis on which the tenure-holders will contribute land for
(1) Upon the preparation of the records and the statements mentioned in Sections 8 and 8-A, the Assistant Consolidation Officer shall -]
(a) correct the clerical mistakes, if any, and send, or cause to be sent, to the tenure-holders concerned and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed showing -
(i) their rights in and liabilities in relation to the land;
(ii) mistakes, [undisputed cases of succession]and disputes discovered under Section 8 in respect thereof;
(iii) specific shares of individual tenure-holders in joint holdings for the purpose of effecting partitions, where necessary, to ensure proper con
Section 9 of the Uttar Pradesh Consolidation of Holdings Act, 1953, governs the procedure for handling objections related to land records during consolidation operations. It provides a framework for filing, examining, and deciding objections concerning rights, titles, and shares in land, ensuring proper settlement and record accuracy. The section aims to facilitate fair adjudication of disputes and uphold the integrity of revenue and consolidation records.
Section 9 prescribes the process for persons interested in land to file objections against entries in land records, including the basic year khatauni. It empowers authorities like the Consolidation Officer and Settlement Officer to examine such objections, summon parties, and pass appropriate orders. Sub-section 9(2) specifically deals with objections related to rights, titles, or claims of co-tenancy, joint ownership, or partition, allowing interested persons to contest entries within prescribed time limits. The section also provides for issuance of notices, recording of evidence, and decision on merits.
Section 9 covers objections related to:- Ownership and titles recorded in revenue or consolidation records.- Rights of co-tenants, joint families, or heirs.- Partition claims and disputes.- Alleged fraud, misrepresentation, or irregularities.- Claims of adverse possession or occupancy rights.It applies to disputes arising during the process of land consolidation, affecting the correctness of land records and rights therein. The section ensures that all interested parties have an opportunity to be heard before finalizing land records.
Section 9 itself does not prescribe specific punishments. However, false statements or fraudulent claims made during objections or proceedings may attract penalties under general provisions of law, including perjury under the Indian Evidence Act or criminal liability for giving false evidence. Additionally, contempt proceedings may be initiated for non-compliance or obstruction of lawful proceedings under the section.
In summary, Section 9 of the UP Consolidation of Holdings Act, 1953, plays a pivotal role in ensuring fair resolution of land disputes during consolidation, emphasizing timely objections, proper evidence, and adherence to procedural fairness. Judicial scrutiny ensures that decisions are based on credible records and law, safeguarding the rights of landholders while maintaining record integrity.
(1) The Assistant Consolidation Officer shall -
(i) where objections in respect of claims to land or partition of joint holdings are filed, after hearing the parties concerned, and
(ii) where no objections are filed after making such enquiry as he may deem necessary,
settle the disputes, correct the mistakes and effect partition as far as may be by conciliation between the parties appearing before him and pass orders on the basis of such conciliation :]
[Provided that where the Assistant Consolidation 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 o
(1) Where objections have been filed against the Statement of Principles under Section 9, the Assistant Consolidation Officer shall, after affording opportunity of being heard to the parties concerned and after taking into consideration the views of the Consolidation Committee, submit his report to the Consolidation Officer, who shall dispose of the objections in the manner prescribed.
(2) Where no objections have been filed against the Statement of Principles within the time provided therefor under Section 9, the Consolidation Officer shall, with a view to examining its correctness, make local inspection of the unit, after giving due notice to the Consolidation Committee, and may thereafter make such modifications or alterations in the Statement of Principles as he may consider necessary.
(1) The Assistant Consolidation Officer, or the Consolidation Officer, may partition joint holdings under Section 9-A, notwithstanding anything to the contrary contained in Section 178 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or any other law, and may also partition the same suo motu.
(2) The partition of joint holdings shall be effected on the basis of shares, provided that where the tenure-holders concerned agree, it may be effected on the basis of specific plots.
(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.
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(1) Any party to the proceedings under Section 9-A, aggrieved by an order of the Assistant Consolidation Officer or the Consolidation Officer under that section, may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, who shall after affording opportunity of being heard to the parties concerned, give his decision thereon which, except as otherwise provided by or under this Act, shall be final and not be questioned in any Court of law.
(2) The Settlement Officer, Consolidation, hearing an appeal under subsection (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.
No question in respect of -
(i) claims to land,
(ii) partition of joint holdings, and
(iii) valuation of plots, trees, wells and other improvements, where the question is sought to be raised by a tenure-holder of the plot or the owner of the tree, well or other improvements recorded in the annual register under Section 10,
relating to the consolidation area,] [which 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 consolidation proceedings.
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In the 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 Consolidation, 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.
Section 11-C of the Uttar Pradesh Consolidation of Holdings Act, 1953, empowers consolidation authorities to record land in the name of a government or local body even in the absence of objections or appeals. This provision aims to safeguard public and community landholdings, particularly those vested in bodies like the Gaon Sabha, ensuring their protection during consolidation proceedings.
Section 11-C authorizes the Consolidation Officer, Settlement Officer, or Director of Consolidation to direct that land vested in the State Government, Gaon Sabha, or other local authorities be recorded in their names, regardless of whether objections, appeals, or revisions have been filed by such entities. It emphasizes the proactive role of consolidation authorities to protect community and public land interests [Source: ""].
Section 11-C broadly empowers consolidation authorities to act in the interest of community property, especially when such properties are at risk due to fragmentation or transfer. It is applicable during objections, appeals, or proceedings under specified sections, providing a mechanism to protect community land without waiting for formal objections or disputes. The section also allows for proactive recording to prevent illegal alienation or encroachment [Source: ""].
The section itself does not specify any punishment or penal provisions for contravention. Its primary function is procedural, aimed at administrative protection of land vested in public bodies. Violations or misuse of this provision can potentially lead to legal challenges, but specific penalties are not delineated within Section 11-C [Source: ""].
This concise commentary highlights the legal nuances and judicial interpretations surrounding Section 11-C, emphasizing its role in facilitating land consolidation while safeguarding community property interests.
(1) All matters relating to changes and transfers affecting any of the rights or interests recorded in the revised records published under sub-section (1) of Section 10 for which a cause of action had not arisen when proceedings under Sections 7 to 9 were started or were in progress, may be raised before the Assistant Consolidation Officer as and when they arise, but not later than the date of notification under Section 52, or under sub-section (1) of Section 6.
(2) The provisions of Sections 7 to 11 shall mutatis mutandis, apply to the hearing and decision of any matter raised under sub-section (1) as if it were a matter raised under the aforesaid sections.
(1) Notwithstanding anything contained in the U.P. Zamindari Abolition and Land Reforms Act, 1950, the Settlement Officer, Consolidation, 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 of orders passed under [* * *] this Act, and
(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 the land revenue payable under subsection (1), the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the rules made thereunder shall mutatis mutandis apply.
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Two or more tenure-holders may, at any time, before the publication of the revised annual register under sub-section (1) of Section 10, apply to the Consolidation Officer to amalgamate their holdings of like tenure on such terms as may be agreed upon between them. The Consolidation Officer may, if the proposed amalgamation is in the interest of consolidation, give effect to the same.
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(1) A Consolidation Scheme shall fulfil the following conditions, namely, -
(a) the rights and liabilities of a tenure-holder, as recorded in the annual register prepared under Section 10, are, subject to the deductions, if any, made on account of contributions to public purposes under this Act, secured in the lands allotted to him;
(b) the valuation of plots allotted to a tenure-holder, subject to deductions, if any, made on account of contributions to public purposes under this Act is equal to the valuation of plots originally held by him :
Provided that, except with the permission of the Director of Consolidation, the area of the holding or holdings allotted to a tenure-holder shall not differ from the area of his original holding or holdings b
(1) The Assistant Consolidation Office shall in consultation with the Consolidation Committee, prepare in the form prescribed a provisional Consolidation Scheme for the unit.
(2) Notwithstanding anything contained in this Act, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or any other law for the time being in force, it shall be lawful for the Assistant Consolidation Officer, where in his opinion it is necessary or expedient so to do, to allot to a tenure-holder, after determining its valuation,] [any land belonging to the State Government, or] any land vested in theGaon Sabha, or any other local authority, as a result of notification issued under Section 117 or 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 :
(1) Upon the preparation of the provisional Consolidation Scheme, the Assistant Consolidation Officer shall send, or cause to be sent, to the tenure-holders concerned and persons interested, notices containing relevant extracts therefrom. The provisional Consolidation Scheme shall thereafter be published in the unit.
(2) Subject to the provisions contained in Section 11-A, any person to whom notice has been sent under sub-section (1) and any other person affected by the provisional Consolidation Scheme, disputing the propriety or correctness of the entries in the provisional Consolidation Scheme, or in the extracts furnished therefrom may, within fifteen days of the receipt of the notice, or of the date of the publication of the provisional Consolidation Scheme, as the case may be, file an objection before the Assistant Consolidation O
(1) All objections received by the Assistant Consolidation Officer shall, as soon as may be, after the expiry of the period of limitation prescribed therefor, be submitted by him to the Consolidation 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.]
(2) Any person aggrieved by the order of the Consolidation Officer under sub-section (1) may within [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.
[(3) Disposal of objections to the provisional Consolidation Scheme. - The Consolidation O
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(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 subsections (1) to (4) of Section 21.
(2) The provisional Consolidation Scheme so confirmed shall be published in the unit and, except as otherwise provided by or under this Act, shall be final.
(3) (i) Where the allotments made under Section 19-A are not modified under Section 21 and are confirmed under sub-section (1), the extracts contained in the notice is
(1) The Settlement Officer, Consolidation, shall fix the date, to be notified in the unit, from which the] [final Consolidation Scheme] shall come into force. On and after the said date a tenure-holder shall be entitled to enter into possession of the plots allotted to him.
(2) On and from the date of obtaining possession every tenure-holder getting trees, wells and other improvements existing on the plots allotted to him in pursuance of the enforcement of the [final Consolidation Scheme]shall be liable 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.
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(1) As soon as may be, after the final Consolidation Scheme has come into force, the District Deputy Director of Consolidation shall cause to be prepared for each village, a new map, field-book and record of rights in respect of the consolidation area, on the basis of the entries in the map, as corrected under Section 7, the Khasra chakbandi, the annual register prepared under Section 10 and the allotment orders as finally made and issued in accordance with the provisions of this Act. The provisions of the Uttar Pradesh Land Revenue Act, 1901, shall, subject to such modifications and alterations as may be prescribed, be followed in the preparation of the said map and records.]
[(2) All entries in the record of rights prepared in accordance with the provisions of sub-section (1) shall be presumed to be true until the contrary is proved.
(1) The Assistant Consolidation Officer, on the application of the tenure-holder or the Land Management Committee, to whom chak or lands have been allotted under the final Consolidation Scheme,] [may, and where any land has been allotted to the State Government shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands,]; and for so doing shall have all the powers, including powers as regards contempt, resistance and the like as are exercisable by a Civil Court in execution of a decree for delivery of possession of immovable property :
Provided that the delivery of possession as aforesaid shall not affect t
(1) Where possession over standing crops also is delivered under Section 28, the Assistant Consolidation Officer shall determine in the manner prescribed the compensation payable in respect of such crops by the tenure-holder put in possession [* * *].
[(1A) Any person aggrieved by an order under sub-section (1) may, within fifteen days of the date of the order, prefer an appeal before the Consolidation Officer, whose decision thereon shall be final.]
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(1) Where a tenure-holder from whom compensation is recoverable under this Act, fails to pay the same within the period prescribed therefor, the person entitled to receive it, may in addition to any other mode of recovery open to him, apply to the Collector within such time as may be prescribed to recover the amount due on his behalf as if it were an arrear of land revenue payable to Government.
(2) Where any compensation payable under this Act is not paid whether in whole or in part within three months of the date] [of obtaining possession under Section 24, or Section 28 as the case may be] interest at the rate of 6 per cent per annum shall be charged on the amount not so paid.
(1) Where, as a result of contribution for public purposes under the provisions of Section 8-A, the area of the original holding of a tenure-holder is reduced, the land revenue payable for the holding shall be reduced by the Assistant Consolidation Officer in the same proportion as the area so contributed bears to the original total area of the holding, and the reduced land revenue shall be shown in the provisional Consolidation Scheme.
(2) A tenure-holder aggrieved by the reduction made under sub-section (1) may, within 15 days of the date of publication of the provisional Consolidation Scheme under Section 20, file an objection before the Assistant Consolidation Officer or the Consolidation Officer for getting the reduction of the land revenue determined in accordance with the provisions of the Uttar Pradesh Zamindari Abolition and L
(1)(a) Every tenure-holder, any part of whose holding has been contributed for public purposes under this Act, shall be paid for the land so contributed, compensation equal to -]
(i) in the case of land of a [bhumidhar with transferable rights], four times, and
(ii) in the case of land of a [bhumidhar with non-transferable rights], two times of the land revenue reduced under Section 29-AA.
(b) In the case of trees, wells and other improvements, falling within the land so contributed, the amount of compensation shall be determined in accordance with the provisions of Section 19.
(2) The compensation payable to a tenure-holder shall, after adjustment of the cost of operations under this Act, if any, be pa
(1) The land contributed for public purposes under this Act shall, with effect from the date on which the tenure-holders became entitled to enter into possession of the chaks allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gaon Sabha] [in an area in which Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applies and in the State Government in any other area] and shall be utilised for the purpose for which it was earmarked in the final Consolidation Scheme, or in case of failure of that purpose, for such other purposes as may be prescribed.
[(2) The provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951), shallmutatis mu
With effect from the date on which a tenure-holder enters, or is deemed to have entered into possession of the chak allotted to him, in accordance with the provisions of this Act, the following consequences shall ensue -
(a) the rights, title, interest and liabilities -
(i) of the tenure-holder entering, or deemed to have entered into possession, and
(ii) of the former tenure-holder of the plots comprising the chak, in their respective original holdings shall cease; and
(b) the tenure-holder entering into possession, or deemed to have entered into possession, shall have in his chak the same rights, title, interest and liabilities as he had in the original holdings together with such other benefits of ir
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A transfer, whether by exchange or otherwise, of rights, title, interest and liabilities of tenure-holders in their holdings, involved in giving effect to the final Consolidation Scheme affecting them shall, notwithstanding anything contained in the Uttar Pradesh Land Revenue Act, 1901, and the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, be valid, and no tenure-holder or other person shall be entitled to object to or interfere with any such transfer.
(1) The State Government shall fix the amount of the cost of the operations conducted under the Act and shall recover from the tenure-holders of the unit such part thereof and in such manner as may be prescribed.]
[(2) If the State Government so decides, it may order that specified amount be recovered in advance in the manner prescribed, as the first instalment of the cost of][the said operation].
(3) Any amount payable as cost under this section shall be recoverable as arrears of land revenue.
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(1) [The Director of Consolidation and Deputy Director Consolidation], Settlement Officer Consolidation, Consolidation Officer and Assistant Consolidation Officer shall have all such powers and rights and privileges as are vested in a Civil Court on the occasion of any action, in respect of the following matters -
(a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise and the issue of a commission or request to examine witnesses abroad;
(b) compelling anyone for the production of any document;
(c) the punishing of persons guilty of contempt, and a summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court fo
(1) Subject to any conditions or restrictions that may be prescribed, the [Director of Consolidation, Deputy Director Consolidation], Settlement Officer Consolidation, Consolidation Officer or Assistant Consolidation Officer may, by written order, require any person to produce such documents, papers and registers or to furnish such information as he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.
(2) Every person required to produce any document, paper or register or to furnish an information under this section shall be deemed legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code.
A proceeding before a [Director of Consolidation, Deputy Director, Consolidation], Settlement Officer, Consolidation, Consolidation Officer and Assistant Consolidation Officer shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for purposes of Section 197 of the Indian Penal Code.
Unless otherwise expressly provided by or under this Act, the provisions of chapters IX and X of the U.P. Land Revenue Act, 1901 shall apply to all proceedings including appeal and applications under this Act.
Affidavits to be filed in any proceedings under the Act, including an appeal or revision, shall be made in the same manner and conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908 and may by verified by any officer or other person appointed by the High Court under clause (b) or by an officer appointed by any other Court under clause (c) of Section 139 of the said Code.
(1) The State Government may appoint such authorities and officers, and for such areas, as may be necessary, to give effect to the provisions of this Act.]
(2) The District Deputy Director of Consolidation may, subject to such directions as the Director of Consolidation may issue from time to time, demarcate the circles to be assigned to Consolidation Lekhpals, Consolidators and other authorities appointed for the district under sub-section (1)
Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Settlement Officer, Consolidation, is satisfied that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of this Act, he shall, either on his own motion, or on the application of any person interested, correct the same.]
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The State Government may, by notification in the Official Gazette, and subject to such restrictions and conditions as may be specified in the notification :
(i) delegate to any officer or authority any of the powers conferred upon it by this Act; and
(ii) confer powers of the Director of Consolidation, Deputy Director, Consolidation, the Settlement Officer, Consolidation, and the Consolidation Officer under this Act or the rules made thereunder, on any officer or authority.
Where powers are to be exercised or duties to be performed by any authority under this Act or the rules made thereunder, such powers or duties may also be exercised or performed by any authority superior to it.
The officer mentioned in [this Act] or any person acting under the orders of any one of them, may in the discharge of any duty under this Act enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.
(1) Any person contravening the provisions of Section 5(c)(i) shall, on conviction by a Court of competent jurisdiction, be liable to a fine not exceeding rupees one thousand.
(2) A transfer made in contravention of the provisions of Section 5(c)(ii) shall not be valid or recognized; anything contained in any other law for the time being in force to the contrary notwithstanding.
(1) If any person destroys wilfully or injures or removes without lawful authority a survey [or boundary] mark lawfully erected, he may be ordered by a Consolidation Officer to pay such compensation not exceeding [one thousand rupees] for each mark so destroyed, injured or removed, as may in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.
(2) The orders for the payment of compensation under sub-section (1) shall not bar a prosecution under Section 434 of the Indian Penal Code.
No appeal and no application for revision shall lie from any order passed under the provisions of this Act except as provided by or under this Act.
(1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any subordinate authority for the purpose of satisfying himself as to the regularity of the proceedings; or as to the correctness, legality or propriety of any order] [other than an interlocutory order] passed by such authority in the case or proceedings, may, after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.
(2) Powers under sub-section (1) may be exercised by the Director of Consolidation also on a reference under sub-section (3).
(3) Any authority subordinate to the Director of Consolidation may, after allowing the parties concerned an opportunity of be
Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953, confers revisional powers upon the Director of Consolidation and subordinate authorities, enabling them to examine, modify, or set aside orders passed by lower authorities in consolidation proceedings. It acts as a crucial safeguard ensuring legality, correctness, and propriety of orders, thereby maintaining the integrity of the consolidation process.
Section 48 empowers the Director of Consolidation or any subordinate authority to:- Call for and examine the record of any case or proceeding.- Satisfy itself as to the regularity, correctness, legality, or propriety of any order (excluding interlocutory orders).- Pass such orders as it deems fit after allowing parties an opportunity of hearing.- Exercise powers on references or suo motu, as provided.- Include the power to re-appreciate evidence and examine findings of fact or law recorded by subordinate authorities.
Section 48 itself does not prescribe specific punishments. However, misuse or overreach—such as entertaining inadmissible evidence, exceeding jurisdiction, or violating principles of natural justice—can lead to orders being quashed or set aside by higher courts. Inappropriate exercise of powers may also be subject to disciplinary or judicial review.
In conclusion, Section 48 provides a vital mechanism for correcting illegal, irregular, or improper orders in consolidation proceedings, but its exercise is confined within strict legal and procedural boundaries. Courts have consistently emphasized that the revisional authority's power is not to re-try facts but to ensure legality and fairness, respecting the principles of natural justice and jurisdictional limits.
(1) Notwithstanding anything contained in the foregoing provisions of this Act -
(a) no decision of the Custodian, Evacuee Property (hereinafter in this section referred to as the Custodian) in relation to title to any land vested in him as evacuee property under the provisions of the Administration of Evacuee Property Act, 1950, shall be called in question and varied or reversed by any officer or authority under this Act; and
(b) nothing in this Act shall be construed as requiring the Custodian to stay any proceedings in relation to title to any such land pending before him on the date of the coming into force of those provisions of this Act under which proceedings in relation to title to land are required to be stayed or as empowering the Consolidation Officer or any other officer or autho
(1) Where change of possession becomes necessary amongst tenure-holders including the Land Management Committee of the Circle as a result of orders passed under] [* * *] Section 48, it shall be lawful for them to exchange possession amongst themselves in accordance with such orders.
(2) Where change of possession cannot be affected by mutual arrangement, the Assistant Consolidation Officer shall effect delivery of possession to such tenure-holders and Land Management Committee in accordance with the provisions of Section 28.
Notwithstanding anything contained in any other law for the time being in force, the declaration and adjudication of right of tenure-holder in respect of land lying in an area, for which a [notification] has been issued [under sub-section (2) of Section 4] or adjudication of any other right arising out of consolidation proceedings and in regard to which a proceeding could or ought to have been taken under this Act, shall be done in accordance with the provisions of this Act and no Civil or Revenue Court shall entertain any suit or proceeding with respect to rights in such land or with respect to any other matters for which a proceeding could or ought to have been taken under this Act :
[Provided that nothing in this section shall preclude the Assistant Collector from initiating proceedings under Section 122-B of the Uttar Pradesh Zamin
Section 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953, is a pivotal provision that bars civil courts from adjudicating matters concerning rights, titles, or interests in land within areas undergoing consolidation, once notifications under Section 4 are issued. Its primary aim is to ensure the finality and exclusivity of consolidation proceedings, preventing multiplicity of suits and conflicting judgments.
Section 49 states:"Notwithstanding anything contained in any other law for the time being in force, the declaration and adjudication of rights of tenure-holders in respect of land lying in an area, for which a notification has been issued under sub-section (2) of Section 4 or adjudication of any other right arising out of consolidation proceedings and in regard to which a proceeding could or ought to have been taken under this Act, shall be done in accordance with the provisions of this Act and no civil or revenue court shall entertain any suit or proceeding with respect to rights in such land or with respect to any other matters for which a proceeding could or ought to have been taken under this Act."
It also provides exceptions where proceedings under certain sections (e.g., Section 122-B of the Zamindari Abolition Act) may be initiated.
Section 49 of the Uttar Pradesh Consolidation of Holdings Act, 1953, is a comprehensive provision that aims to centralize and finalize land rights in areas undergoing consolidation, thereby preventing conflicting civil litigation. Its effective implementation ensures the sanctity of consolidation orders and streamlines land management, although exceptions exist for proceedings under specific statutes or prior to notification. Courts consistently uphold the bar imposed by Section 49, emphasizing the importance of adhering to the statutory framework for land rights in notified areas.
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder.]
No court-fee shall be payable on any application made or any document filed, with the exception of aVakalatnama, in any suit or proceedings under the provisions of this Act.
Notwithstanding anything contained in any other law for the time being in force, no instrument in writing shall be necessary for effecting a transfer of holdings involved in giving effect to a final Consolidation Scheme nor shall any such instrument, if executed, require registration.
(1) As soon as may be, after fresh maps and records have been prepared [under sub-section (1) of Section 27], the State Government shall issue a notification in the Official Gazette that the consolidation operations have been closed in the [unit and the village or villages forming a part of the unit] shall then cease to be under consolidation operations :
[Provided that the issue of the notification under this section shall not affect the powers of the State Government to fix, distribute and record the cost of operations under this Act.]
[(1A) The notification issued under sub-section (1) shall be published also in a daily newspaper having circulation in the area and in such other manner as may be considered proper]
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(1) In the case of a unit in relation to which a notification under sub-section (1) of Section 52 has been issued before the commencement of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1970, the Collector may, if he is of opinion that there exists no provision or inadequate provision of Chak Roads or Chak Guls in the unit and shall, if a representation in that behalf by not less then ten per cent of the total number of tenure-holders is made to him within six months of the said commencement, proceed to take action under sub-section (2), anything to the contrary contained in Section 52 notwithstanding.
(2) The Collector shall cause a notice of the proposal to take action under this section and also of the representation, if any, received under sub-section (1) to be given in the unit by beat of drum and in such other man
It shall be lawful for the Settlement Officer, Consolidation, at any stage of the consolidation proceedings but before the preparation of the final records under Section 27, to allow mutual exchange of chaks or part thereof] [by agreement] between the tenure-holders where he is satisfied that the exchange will improve the shape of chaks, or reduce their number and generally lead to greater satisfaction amongst them.
(1) The Deputy Director, Consolidation may recognize a][Consolidation Scheme] in respect of a village, whether within or without a consolidation area, prepared voluntarily by the tenure-holders of the village, where he is satisfied that it conforms to the broad principles of consolidation under this Act, and has the support of all the tenure-holders concerned and is otherwise fair to all concerned.
(2) The [Consolidation Scheme] recognized under sub-section (1) shall be deemed to have been prepared and confirmed under the provisions of this Act; and shall be enforced thereunder.
The provisions of Section 5 of the Limitation Act, 1963, shall apply to the applications, appeals revisions and other proceedings under this Act or the rules made thereunder.
(1) The State Government [may by notification in the Gazette make rules] for the purposes of carrying into effect the provisions of this Act.
[(2) Without prejudice to the generality of foregoing power, such rules may provide for -]
(a) the form of [notification] [under sub-section (2) of Section 4];
(b) the constitution of Consolidation Committee under Clause (2-AA) of Section 3, determination of the terms of members of the Consolidation Committee and action to be taken on a vacancy occurring therein;
(c) the procedure for the disposal of suits and proceedings stayed under Section 5;
[(cc) the conditions to be o
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