Pre. Published vide Punjab Government Notification No. 10954-D-49/7351, Dated 8.12.1949.

R.1 Title.

These rules may be called the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949.

R.2 Definition.

In these rules -

(a) "Act" means the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, and

(b) "Section" means a section of the said Act.

R.3 Mode of Publication.

Any matter required to be published, or of which public notice is to be given under the Act shall be published by exhibiting copies thereof in the estate or estates concerned [and at a conspicuous place in the village or villages concerned as will as at the Panchayat Ghar of the Panchayat in which the village or villages lie] in Urdu, Hindi, or [Punjabi,] as may be deemed proper, and shall also so far as possible be announced in such estate or estates by beat of drum.

R.4 Preparation of scheme of Consolidation.

After the notification and publication by the State Government, of its intention to make a scheme for the Consolidation of Holdings under sub-section (1) of section 14, the Consolidation Officer shall visit each of the estates concerned after giving reasonable notice of his visit to the landowners and non-proprietors thereof and shall, in consultation with the village committee constituted by him for this purpose, put up a scheme for the consolidation of holdings. The total number of members of the said committee shall not be less than three and it shall include :-

(i) members of the Gram Panchayat, if any, constituted under the Punjab Gram Panchayat Act, 1952 (No. IV of 1953) and representatives of landowners.

(ii) a representative each of Harijans and other non-proprietors if not already included in the Panchayat ;

(iii) a representative each of the Co-operative Farming Societies, if any.]

R.5 Every such scheme of consolidation shall contain the following particulars.

(i) a statement of classification of land for the purpose of consolidation and the exchange ratio for conversion of one class into another ;

(ii) a statement of valuation of lands, wells, trees, etc, to be exchanged showing the compensation to be given or received by the holders concerned ;

(iii) a brief statement as to the action, if any, taken in pursuance of sections 17 and 18 of the Act ; and

(iv) such other particulars as may be considered expedient by the Settlement Officer in this behalf.

R.6 Draft scheme of consolidation to be explained to the persons affected thereby.

In addition to publication under the provisions of rule 4 the draft scheme of consolidation shall be read over and explained by the Consolidation Office to the persons likely to be affected thereby specially collected for the purpose. If any person desires to have a copy of the proposed consolidation scheme, it shall be supplied to him on payment of the following copying fee :-

One rupee for the first two hundred words or less and fifty paise for every additional 100 words or fraction thereof ;

Provided that a copy of consolidation scheme may be supplied on request to the Gram Panchayat concerned free of cost.]

R.7 Repartition.

The Consolidation Officer shall after obtaining the advice of the landowners of the estate or estates concerned, carry out repartition in accordance with the scheme of consolidation of holdings confirmed under section 20, and shall prepare the following repartition papers :-

(i) a map of village showing all the existing field numbers, recognised roads, and irrigation channels and areas assigned for public purposes, such as burial grounds, disposal of animal carcasses, ponds or grazing areas, etc., with new field numbers superimposed upon it in red lines or other markings ;

(ii) another similar village map exhibiting the position emerging as a result of repartition ;

(iii) a statement showing the names of the owners of holdings, with particulars of field numbers, shares, class of land, tenure, area, assessment and encumbrances, if any, after getting the record-of-rights up-to-date :

The contents of the statements mentioned in items (iv) to (vii) of the preceding rule shall be read over and explained by the Consolidation Officer to the persons likely to be affected thereby specially collected the purpose.

R.9 Redistribution of assessment.

After repartition has been confirmed and appeal against it, if any, has been finally decided, the Collector of the district shall take necessary steps for the redistribution of the assessment of the estate concerned, in accordance with sub-section (2) of section 65 of the Punjab Land Revenue Act, 1887.

R.10 Eviction.

The Consolidation Officer shall serve a notice on the person or persons liable to eviction under sub-section (2) of section 23 requiring him within fifteen days of the receipt of the notice to vacate the land. If such notice is not complied with within the time specified therein, the Consolidation Officer may exercise the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887, for the purpose and putting in physical possession of holding the person entitled thereto.

R.11 Deposit of compensation.

The amount of compensation payable by an owner under section 15 of the Act shall be deposited by him in the nearest Government treasury or sub-treasury and a copy of the receipt obtained by him in token shall be produced by him before the Consolidation Officer.

R.12 Transfer of encumbrance.

In transferring a lease, mortgage, debt, or other encumbrance under sub-section (1) of section 26, the Consolidation Officer shall -

(i) if the new holding is of the same market value as the original one transfer the entire encumbrance attaching to the latter ;

(ii) if the new holding is of substantially greater market value than the original one, transfer to the former holding the encumbrance attaching to the latter, subject, in the case of a lease to the condition that the lessee shall pay to the owner such reasonable rent in excess of the rent already payable under the lease as may be fixed by the Consolidation Officer and in the case of any other encumbrance, subject to such reasonable reduction in the area or in the rate of interest as may be fixed by the Consolidation Officer, having regard to the substantially better security provided by the owner of the new holding.

R.13 Putting the encumbrancer in possession

If the lessee, mortgagee or other encumbrancer appears to the Consolidation Officer to be entitled to the possession of a holding under section 26, the Consolidation Officer shall issue a notice to the owner to show cause within fifteen days of the receipt of the notice why the lessee, mortgagee or other encumbrancer, as the case may be, should not be put in possession of such holding. If the owner fails to show cause or if the Consolidation Officer is satisfied that the cause shown by the owner is not adequate, he shall put the lessee, mortgagee or other encumbrancer as the case may be into possession of the holding, and the record of rights in respect of the holding shall be corrected accordingly.

R.14 Assessment, Collection, Refund etc., of cost of Consolidation.]

(i) The cost of consolidation proceedings shall be assessed] [village-wise] at Rs. 5 per acre or portion of an acre of land, other than ghair mumkin land, if the wattbandi is carried out by the persons, whose holdings are affected and at Rs. 7-8-0 per acre if the wattbandi is carried out by or on behalf of the Consolidation Officer, at the option or default of the persons whose holdings are affected.

(ii) The cost of consolidation shall be payable by the persons, whose holdings are affected by the scheme of consolidation except that in case of evacuee land, it shall be payable by an allottee in respect of land, which has been allotted to him on a quasi permanent basis and the Custodian in the case of unallotted lands.

[(iii)] The cost of consolidation shall be collected in two half-yearly instalments along with the land revenue demand for Kharif and Rabi harvests [except when the Government directs otherwise by written orde

R.15 Appointment of guardians to minors.

Where any of the landowners is a minor, the Consolidation Officer may after making such enquiries as may be necessary and by an order in writing, appoint a suitable person whose interest is not adverse to that of the minor as guardian ad litem. Similar action may be taken into the case of widows absentees, soldiers or others, if considered necessary.

R.16 .

(i) The area to be reserved for the common purpose of extension of abadi for proprietors and non-proprietors under section 18(c) of the Act shall be reserved after scrutinizing the demand of proprietors desirous of building houses and of non-proprietors including Scheduled Castes, Sikh backward classes, artisans and labourer depending on agrarian labour who are in need of a site for house. The land reserved for extension of abadi shall be divided into plots of suitable sizes. For the plots allotted to proprietors area of equal value shall be deducted from their holdings but in case of non-proprietors including Scheduled casts, Sikh backward classes, artisans and labourers depending on agrarian labour these shall be allotted without payment of compensation and they shall be deemed to be full owners of the plots allotted to them.]

[(ii)] In an estate or estates where during consolidation proceedings there is no shamlat deh land or such land is con

R.17 Form of application and documents which shall accompany it.

Every application under section 42 shall be signed and verified by the applicant, shall contain the following particulars and shall be accompanied by a certified copy each of the orders, if any, passed under sub-sections (2), (3) and (4) of section 21, although plan of the paths or paths, if any, in dispute and a certified copy of the grounds of the last appeal, if any, filed under sub-section (3) or sub-section (4) of section 21 :-

(a) name of the authority to whom application is made.

(b) name and description of place of residence, tehsil and district of the applicant ;

(c) names, description and addresses of the persons, who are likely to be affected, if the application is accepted ;

(d) names of the village, tehsil and district, in which the land which is subject matter of the application is situated ;

(e) the date of publication of the repartition shajra

R.18 Limitation for application under section 42.

An application under section 42 shall be made within six months of the date of the order against which it is filed :

Provided that in computing the period of limitation, the time spent in obtaining certified copies of the orders and the grounds of appeal, if any, filed under sub-section (3) or sub-section (4) of section 21, required to accompany the application shall be excluded :

Provided further, that an application may be admitted after the period of limitation prescribed therefor if the applicant satisfies the authority competent to take action under section 42 that he had sufficient cause for not making the application with such period.]

R.19 Fees on application.

The following fees shall be payable in court fees stamps in respect of applications under section 42 :-]

(i) on the application

Rs. [10]

(ii) on the copy of the order against which application is made

Re. 1

(iii) On a certified copy of the grounds of last appeal, if any filed under sub-section (3) or sub-section (4) of section 21

Re. 1

(iv) Process fees

Rs. 2 up to four respondents and 50 naya paise for each additional respondent subject to a maximum of Rs. 5 :

[Provided that the process fee shall not be payable unless the application is admitted and the respondents are ordered to be summoned.]

Form.1 .

Omitted by GSR 184, Dated 15th May, 1963.

Sch. .

[Schedule]

Reservation of land for various common purposes

I Category (i.e. Estates with less than 1.50 acres of land)

(a) Compulsory items

1. Roads, Village roads, field or arterial roads -

(a) Village to village and circular road

4 to 6 karams wide

(b) (i) Roads to serve as communication to village abadi

3 to 4 karams wide

(ii) Paths leading to individual plots

2 karams wide

(c) Roads leading to village drinking well and ponds for watering cattle

1 to 2 karams wide

(d) Other roads including those to be laid under the Development Scheme and to serve as links to existing pacca roads