UTTAR PRADESH CONSOLIDATION OF HOLDINGS RULES, 1954
(Rules framed under Section 45(3) of the U.P. Consolidation of Holdings Act, 1953 as amended upto date)
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.
[(1A) "Basic khasra" and "Basic khatauni" mean respectively the khasra and khatauni of any village current at the time of the notification under subsection (2) of Section 4.]
[(1B) "Basic year" means the year to which the basic khasra and basic khatauni pertains.]
(2) "Section" means the section of the Act.
(3) [* * *].
(3A) [* * *].
(3B) [* * *].
(4) [* * *].
[(5) "Standard Plots of a unit" means the plots determined as such in accordance with the provisions of Rule 20-A.]
[(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 he
(1) There shall be 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), the 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 representat
In effecting service of the notice giving information of the date of the publication in the unit of a document, the Serving Officer may, where the member of the Consolidation Committee is not present at his residence at the time of service or where he cannot be found after using all due and reasonable diligence, effect service by affixation of the notice on the outer door or some other conspicuous part of the house in which he ordinarily resides or carries on business or personally works for gain.
[* * *].
[* * *].
[* * *].
[* * *].
[* * *].
[* * *].
[* * *].
[* * *].
[* * *].
[* * *].
(1) The 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 o
[* * *]
[* * *].
(1) In view of the fact that the map, the field-book and the annual register of each village under consolidation operation 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 up-to-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
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.
The [notification] made under Section 4 of the Act, may among other reasons, be cancelled in respect of whole or any part of the area on one or more of the following grounds, viz., that -
(a) the area is under a development scheme of such a nature as when completed would render the consolidation operations inequitable to 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 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 pooling 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 district 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
All the entries of the current annual register shall be tested by the Consolidator cent per cent by comparing them with the entries of the previous annual register or registers and connected field books and also the existing record-of-rights prepared during the last settlement or the revisions of records. Mistakes 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 so 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.].
(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 provision of sub-section (3) of Section 8-A.
(b) The list of "Standard Plot" shall be prepared in Form C.H.7-B and published alongwith 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 the Misilband Register of village. He shall forward the objections alongwith 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, fi
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 result 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 columns 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 and 21. Details of shares claimed in joint holding 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 norma
(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 field-to-field partal and shall in addition check the work of the 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 operation for the village concerned well before he starts his check of the field-to-field partal of the village.
(3) The A
(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 statement shall contain reasons for the principles incorporated therein and shall be accompanied by a copy of the map of the unit, which shall show :
(i) "Standard Plots" of the unit as determined under Rule 20-A;
(ii) the existing permanent features, such as Abadi sites, canals their distributaries along with field channels (gools) roads, groves, wells, nalas, rivers, graveyards, 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 pu
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 memos and place them on the file containing his order.
(a) The Assistant Consolidation Officer shall pass orders in his own hand in appropriate columns of the list of mistakes and disputes in land records for the correction of all the clerical mistakes entered in Part 1 of the list in C.H. Form 4, after consulting the previous land records of the village, where, necessary. These orders shall then be noted by the lekhpal against the relevant khatas of the annual register and shall be attested by the Consolidator. The Assistant Consolidation Officer shall also satisfy himself by checking that all his orders have been correctly recorded in the annual register.
[(b) Necessary number of copies of the notices, containing relevant extracts in C.H. Form 5 in respect of all the khatas in the annual register, after the orders of the Assistant Consolidation Officer mentioned in sub-rule (a) have been given effect to, and the notices in C.H. Form 5-B (where necessary), shall be prepared by the Consolidation lek
(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 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 over to the parties concerned and their signatures or thumb impressions obtained. The members of the Consolidation Committee present shall also sign the terms of conciliation. The Assistant Consolidation Officer shall then pass 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
(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 issues 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 connection 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 in
Section R.26 is a provision under the Uttar Pradesh Consolidation of Holdings Rules, 1954, which governs the procedures and regulations related to the consolidation of land holdings in Uttar Pradesh. It plays a crucial role in ensuring the proper recording, management, and transfer of land rights during the consolidation process, aiming to streamline land records and prevent fragmentation.
While the specific text of Section R.26 is not directly provided in the sources, it generally pertains to the procedures for maintaining records of rights, objections, and the finalization of land entries during consolidation, as indicated by references to Rule 26 and related provisions [Source: ""].
Note: Due to the absence of the exact text of Section R.26, the commentary is based on the general understanding of the consolidation rules and related legal provisions as reflected in the provided sources.
The Consolidation Lekhpal shall note the orders of the 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 - (i) in the basic Khatauni, (ii) Khasra chakbandi in C.H. Form 2-A, and (iii) 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 numbers, the date of order and its operative portions 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 per cent of the entries to ensure that they have been correctly made.
(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 the 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. C.H. Form 7 will show the Fasli year from which the above changes in land revenue on the affected holdings became due.
(2) After the statement 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
[(1) A revised annual register in C.H. Form 11 shall then be prepared by the Consolidation Lekhpal incorporating all the orders relating to rights in, 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
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 in which the matter mentioned in Section 12 of the Act may be raised before the Assistant Consolidation Officer shall be C.H. Form 6-C.
[(b) The procedure laid down in Rules 25-A to 27 and 29 shall, mutatis mutandis be followed in deciding matters raised before the Assistant Consolidation Officer under Section 12.]
[* * *
[* * *
Section R.32 of the Uttar Pradesh Consolidation of Holdings Rules, 1954, pertains to the penalties or punishments imposed for contraventions related to the consolidation process. It is an essential provision that ensures compliance with the rules governing land consolidation activities in Uttar Pradesh.
While the specific text of Section R.32 is not directly provided in the sources, it is referenced in relation to punishment provisions under the rules. It typically prescribes the penalties for violations of the consolidation rules, including acts such as transfer, partition, or other acts contrary to the provisions of the consolidation process.
Note: Due to the limited direct textual reference to Section R.32, the commentary is based on the typical legal framework and references to penalties and enforcement as indicated in the available sources.
An application for amalgamation of holdings shall be in C.H. Form 10. All orders authorizing 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.
[(1A) 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 purposes.]
(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.
The [Provisional Consolidation Scheme] shall also state explicitly :
(1) The area to be allotted to the asamis of the tenure-holders and the rent payable thereof.
(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.
(4) [* * *].
[* * *]
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 Gaon Sabha or 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 extracts 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 verification 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 the 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 to objection to be served on the tenure-holder. Where, however, in accepting any objection, the Consolidation Officer finds it necessa
(1) If as a result of the orders passed under Section 21, the [Provisional Consolidation Scheme] is to undergo numerous changes which it may not be easily possible to incorporate in the existing statement itself, a fair copy thereof along with a copy of the map of the unit showing the plots allotted to the tenure-holders and the location of land set apart for public purposes may be prepared before it is confirmed and published under subsection (2) of Section 23.
(2) All the cuttings and over-writings in the [Provisional Consolidation Scheme] as confirmed by the Settlement Officer, Consolidation and published under sub-section (2), of Section 23 shall be initialled and dated by the person responsible for the cutting or over-writing and 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
[* * *].
[* * *].
[* * *].
[* * *].
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 or 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 tend and gather the crops standing on such chaks or land 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 the 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 compen
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 unit.
(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 drum in the unit.
(3) Results of appraisement shall be published by the order of the Assistant Consolidation Officer in C.H. Forms 33 and 34.
(4) [* * *].
(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 (3) 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, within two years from the date recorded on if for recovery of the 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
The Collector shall not be impleaded as a party to any suit or proceeding for realization 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 56A shall apply to the recovery of compensation mentioned in C.H. Form 26 as if it were comp
(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 documents are issued, or on whom the notice has been served a record of service made on the person concerned by the serving officer shall be kept in C.H. Form 31.
(2) In delivering a document or effecting 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 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 of service by affixation of the document, notice or summons 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, n
[* * *].
[* * *].
(1) The Jamabandi for cost of consolidation operations shall be prepared by the Consolidation Lekhpal in C.H. Form 27.
(2) After the Jamabandi of a village has been checked cent per cent 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 and may refer the same for disposal to any other Consolidation Officer or Assistant Consolidation Officer competent to deal therewith.
[(1A) 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 Di
[* * *]
The provisions of the 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 applicable to the preparation of a new village map, field-book 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.
Where areas hitherto belonging to more than one village have been integrated to form another village or a part of the village has been constituted as a separate village under Section 3(25) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the Settlement Officer (Consolidation) shall cause to be prepared only one set of village map, khasra and record of rights for such an area.
(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 map, 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) Re-numbering shall be done in accordance with sub-rule (2) of Rule 88.
(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
Where during consolidation proceedings only one set of record has to be prepared for the area belonging to more than one village, the plot belonging to different village shall be distinguished by suitable Hindi alphabetical prefixes.
(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 erected 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.
(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 th
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
[* * *]
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 should 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 of renumbering of plots. Each chak shall unless it has been broken into parts by a natural or other physical 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 letter (v) and (c) respectively in the map. The holding of an asami with in a chak shall also be similarly indicated except that in such 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) Renumbering of plots shall be done in one continuation for the whole of the revenue villag
The Consolidator shall check cent per cent and the Assistant Consolidation Officer 25 per cent of the works done by the 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.]
[* * *]
[* * *]
[* * *]
(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 numbers of the old plots being shown t
[* * *]
[* * *]
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.
[* * *]
[* * *]
[* * *]
The Consolidation Lekhpal shall, with 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 per cent 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.
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 be 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.
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 to the Collector's Record Room and the 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.
(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 purpos R.101(a) .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. R.102 .[* * *]. R.103 .[* * *]. R.104 Section 27(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 of 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 total of the [anna valuation allotted to] him in that class in such villages. N.B. - Anna valuation R.105 Section 54The State Government shall determine the manner in which the records of all cases ana proceedings dealt with under the Act shall be disposed of. R.106 .[* * *]. R.107 .[* * *]. R.108 Section 54(1) Extracts from the records of the basic year or 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 Principles 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 Rs. 0.25 paise per copy. (4) Application for copies of maps and final documents prepared under the 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 judgments statement, etc., forming part of judicial proceedings, shall be made to the Presiding Officer of the Cour R.109 Section 27The [Consolidation Scheme] in respect of a village prepared voluntarily by the tenure-holders of the 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 a copy of the map of the village showing the details of the proposals incorporated in Consolidation Scheme. R.109(a) Section 52(2)(1) Orders passed in cases covered by sub-section (2) of Section 52 shall be given effect to by the consolidation authorities, authorised in this behalf under sub-section (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 of the Settlement Officer, Consolidation, Consolidation Officer, the Assistant Consolidation Officer, the Consolidator and the Consolidation Lekhpal respectively for the purpose of giving effect to the orders aforesaid. (2) If for the purpose of giving effect to any 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 t R.109(b) .(1) Where more than one case or 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 authority may consolidate suo motu case 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. R.110 Section 3(4)The Director of Consolidation shall exercise powers of supervision and, superintendence over the staff employed in the consolidation organization of the State and may for that purpose issue such directions as may be necessary. R.111 Sections 48 and 54An 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 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 alongwith the application. R.112 Section 54(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 befofe 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/IA-280-58, 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 U.P. Consolidation of Holdings (Amendment) Act (VIII of 1963) shall be governed by the rules as they stood immediately before th R.113 .(i) The Assistant Consolidation Officer shall prepare the draft plan referred to in Section 52A 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. R.114 Section 52AWhere, in order to provide a chak road or chakgul, rearrangement 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 Sabha likely to be affected by such rearrangement 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. R.115 Section 52AThe amount of compensation payable to tenure-holders wherever necessary, would be calculated in C.H. Form 23-B (Part-III). R.116 .(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. R.117 Section 52AAfter confirmation of the plan by the Settlement Officer, Consolidation under sub-section (8) of Section 52A, 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. R.118 Section 52AThe plan, as confirmed by the Settlement Officer, Consolidation under sub-section (8) of Section 52A, shall be given effect to by the Lekhpal in the current map and records in the manner indicated in sub-rule (2) of Rule 113. The entries made by the Lekhpal shall be checked, dated and signed by the Consolidator and the Assistant Consolidation Officer in respect of which the application is preferred.] Form.1 C.H. FORM 1[Deleted] Form.1(a) C.H. FORM 1-A[See Section 3(11-A)] Villages and parts of villages for which a joint scheme of consolidation is to be prepared In exercise of the powers conferred by Section 3 (11-A) of the Uttar Pradesh Consolidation of Holdings Act, 1953, it is hereby notified that the Director of Consolidation has, with effect from..................... decided to make a joint scheme of Consolidation for the villages or part of villages mentioned in Column 2 with the village mentioned in Column 3 of the following statement:
Form.2(a) C.H. Form 2-A[See Rule 21] Khasra Chakbandi Village...........Pargana............Tahsil...........District............
Form.3 .[Deleted] Form.4 C.H. Form 4[See Rule 22] List of mistakes and disputes in land records Village...........Pargana............Tahsil...........District............
Form.20 C.H. Forms 20Deleted Form.20(a) C.H. Forms 20(a)Deleted Form.21 C.H. Forms 21[See Rule 24-A] Statement of Principal Village/Villages...........Pargana............Tahsil...........District............ Part I (Section containing statistical and topographical details) 1. Total area of the unit in bighas/acres. 2. Total holding area of unit in bighas/acres. 3. Total area proposed to be included in the Consolidation Scheme. 4. Total valuation in terms of annas. 5. Total area already in use for public purposes. 6. Total number of tenure-holders (shown in C.H. Form 10-A) 7. Total area/valuation in annas earmarked for various public purposes : (a) Out of holding area; <Form.22 C.H. Form 22Deleted Form.23 C.H. Form 23 (Part III)][See Rule 46] Provisional Consolidation Scheme (Khatauni Chakbandi) Statement of Proposals Village/Villages...........Pargana............Tahsil...........District............
Form.29 C.H. Form 29[See Rule 62] Proceedings book Village...........Pargana............Tahsil...........District............ | |||||||||||||||||||||||||||||||||||||||||||||||||||||
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.