Chapter XIV Chapter XIV

In this Chapter, - (i) “Consolidation of holdings” means the redistribution of all or any of the land in a village, so as to allot to the tenants contiguous plot of land for the convenience of cultivation; (ii) “consideration officer” means of a revenue officer, not below the rank of a Tehsildar, appointed by the Chief Commissioner for any district or districts to exercise the powers, and to perform the duties of consideration officer under this Regulation; (iii) “scheme” means a scheme for the consolidation of holdings; (iv) “tenant” does not include a grantee or a licensee of non-agricultural land.

(1) Any two or more tenants in a village holding together not less than the prescribed minimum area of land may apply in writing, stating such particulars as may be prescribed, to be consolidation officer for the consolidation of their holdings. (2) The Deputy Commissioner may of his own motion direct the consideration officer to make an enquiry into the feasibility of consolidation of holdings. (3) If two-third of the tenants in a village apply for consolidation of their holdings or if in the course of an enquiry conducted in pursuance of an application made under sub-section (1) or in pursuance of a direction under sub-section(2), two-thirds of the tenants of any village make an application agreeing to the consideration of their holdings, such application shall be deemed to be an application on behalf of all the tenants of the village.

(1) If on receipt of any such application or at any stage of the proceedings thereon, there appears to be good and sufficient reason for disallowing the application or for excluding the case of any applicant from consideration, the consideration officer may submit the applicant to the Deputy Commissioner with recommendation that the application be rejected in whole or in part. (2) The Deputy Commissioner on receipt of the recommendation may accept it and pass orders accordingly or may order further inquiry.

If the consideration officer admits the application he shall proceed to deal with the same in accordance with the procedure laid down by or under this Regulation.

(1) If the tenants making the application under section 164 submit a scheme mutually agreed to the consolidation officer shall in such manner as may be prescribed, examine it and, if necessary, modify it. (2) If no scheme is submitted with the application, the consideration officer shall prepare a scheme in such manner as may be prescribed and invite objections, if any, on the scheme in the prescribed manner form the persons likely to be affected thereby. (3) If the consolidation officer is of opinion that the redistribution of the land in accordance with the scheme will have the result of allotting to any tenant an interest in any holding or land of a less market or productive value than that of his interest in the original holding or land the scheme may provide for the payment of compensation to such tenant by such person or persons as the consolidation officer may direct. (4) The amount of compensation payable under sub-section (3) shall be calculated as nearly as may be, in accordance with the provisions of the Land Acquisition Act, 1894. (5) When the scheme is complete, the consolidation officer, after considering and as far as possible removing the objections, if any, made to the scheme, shall submit it for confirmation to the Deputy Commissioner.

The Deputy Commissioner may either confirm the scheme with or without modifications or refuse to confirm it after considering the objection or objections, if any to the scheme and the recommendation of the consolidation officer, and the decision of the Deputy Commissioner shall, subject to any order that may be passed in revision by the Chief Commissioner under section 33, be final.

(1) When a scheme is confirmed- (i) it shall be binding, if the scheme is in relation to case falling under sub-section (3) of section 164, on all the tenants of the village and on all persons who may subsequently be entitled to hold or occupy the land affected by the scheme and, in any other case, on the applicants and those who have agreed to the consolidation of their holdings and on all persons who may subsequently be entitled to hold or occupy the land affected by the scheme; (ii) the consideration officer shall, if necessary, demarcate the boundaries of the holdings and shall proceed to announce the decisions finally made and case to be prepared in accordance with the scheme a new field map, record of rights, other records prescribed under section 88 and Nistar Patrak (village administration paper). (2) The new records prepared under sub-section (1) shall be deemed to have been prepared under Chapter VIII or Chapter XVI, as the case may be.

The Tenants on whom a scheme is binding shall be entitled to possession of the holdings allotted to them under the scheme, from the commencement of the agricultural year next following the date of confirmation of the scheme, and the consolidation officer shall, if necessary, put them by warrant in possession of the holdings to which they are entitled: Provided that if all the tenants agree, they may, after confirmation, be put into possession of the holdings to which they are entitled by the consolidation officer from any earlier date.

(1) Notwithstanding anything contained in this Regulation, the rights of tenants in their holdings shall, for the purpose of giving effect to any scheme affecting them, be transferable by exchange or otherwise and no person shall be entitled to object to or interfere with any transfer made for the said purpose. (2) The consolidation officer may also transfer by exchange or otherwise any land belonging to the Government where such transfer is necessary for the purpose of giving effect to any scheme.

Notwithstanding anything contained in any law for the time being in force – (a) no instrument in writing shall be necessary in order to give effect to a transfer involved in carrying out any scheme; and (b) no such instrument, if executed, shall require registration.

(1) The consolidation officer shall, unless the Chief Commissioner for sufficient reasons directs otherwise, recover from the tenants whose holdings are affected by the scheme the cost of carrying out the scheme, which shall be assessed in accordance with the rules made under this Regulation. (2) The consolidation officer shall apportion the costs among the tenants liable to pay the same according to the occupied area of the holdings affected by the scheme.

Any amount payable as compensation under sub-section (3) of section 167 of sub-section (2) of section 178, shall be recoverable as an arrear of land revenue.

When an application for the consolidation of holdings has been admitted under section 166, no proceedings for partition of the holding which will affect the scheme shall be commenced and all such proceedings pending shall remain in abeyance during the continuance of the consolidation proceedings.

Notwithstanding anything contained in this Regulation when an application for the consolidation of holdings has been be binding shall have power, during the continuance of the consolidation proceedings, to transfer or otherwise deal with his interest in any part of his original holding or land so as to affect the rights of any other tenant thereto under the scheme.

A tenant shall have the same rights in the holding or land allotted to him pursuance of a scheme as he had in his original holding or land.

(1) If the holding of any tenant included in a scheme was burdened with a lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance, shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of it as the consolidation officer may determine and thereafter the lessee, mortgage or other encumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a lease, mortgage or other encumbrance is transferred under sub-section (1), is of less market value than the original holding from which it is transferred, the lessee, mortgage of other encumbrancer, as the case may be, shall be entitled to the payment of such compensation by the person concerned as the consolidation officer may determine. (3) Notwithstanding anything contained in sub-section (1) or any other law for the time being is force the consolidation officer shall, if necessary, put any lessee of any mortgage or other encumbrance entitled to possession by warrant into possession into of the holding of part of a holding to which his lease, mortgage or other encumbrance has been transferred under sub-section (1).