Chapter III PREPARATION OF CONSOLIDATION SCHEME

The Consolidation Scheme shall consist of-

(a) the statement of principles referred to in section 22; (b) the statement of proposals referred to in section 26; (c) the statements of valuation of plots and holdings referred to in sections 20 and 21; and (d) such other statements as may be prescribed.

(1) The consolidation of holdings shall be done on the basis of valuation of plots.

(2) The valuation of each plot shall be determined in consultation with the Consolidation Committee, and after taking into consideration its productivity, availability of irrigation facilities, if any, location and in accordance with such other principles and in such manner as may be prescribed in this behalf:

Provided that the area of the holding or holdings proposed to be allotted to tenure-holder shall no differ in any case, except with the permission of the Director of Consolidation, by more than 25 percent from the area of his original holding or holdings, as the case may be.

For the purposes of consolidation the Consolidation Tehsildar shall, in consultation with the Consolidation Committee-

(a) divide the area of each unit in not more than four blocks after taking into account the kind and number of crops grown and such other factors as may be prescribed, and (b) determine compensation for trees, wells and other improvements existing in the holding of a tenure-holder in the manner prescribed.

The Consolidation Tehsildar shall cause to be prepared, in respect of each plot in the unit under consolidation Operations, a statement in the prescribed form (hereinafter called ‘statement of valuation of plots, setting forth-

(a) the valuation of each plot, (b) the valuation of trees, wells and other improvements, (c) the details of blocks, and (d) such other particulars as may be prescribed.

(1) The Consolidation Naib-Tehsildar shall thereafter cause to be prepared a statement of all the holdings of each tenure-holder showing at one place-

(i) the areas excluded from consolidation;

(ii) the areas under consolidation in each block with their valuation determined in accordance with section 18;

(iii) the land revenue or rent of each holding;

(iv) the total area and total valuation of his holding or holdings; and

(v) such other particulars as may be prescribed.

(2) The statement of holdings, prepared under Sub-section (1), shall be published in the unit and a relevant extract there from shall be issued to each tenure-holder along with notice inviting objections against the entries in the extracts.

(2) Every tenure-holder, to whom an extract has been sent under Sub-section (2) and any other person likely to be affected thereby, may, within twenty-one days of the publication of the statement of holdings, file objections thereon before Consolidation Naib-Tehsildar. (3) The Consolidation Naib-Tehsildar shall submit his report on these objections to the Consolidation Tehsildar who shall decide the objections in consultation with the Consolidation Committee and after making local inspection of the plots, where necessary.

(5) Any person aggrieved by the order of the Consolidation Tehsildar under Sub-section (4) may, within thirty days of the date of the order, file an appeal before the Settlement Officer (Consolidation) who shall, after hearing the parties concerned, give his decision thereon.

(6) Any person aggrieved by the order of the Settlement Officer (Consolidation) under Sub-section (5) may, within 30 days of the date of the order, file an appeal before the Director of Consolidation who shall, after hearing the parties concerned, give his decision thereon.

(4) The decision of the Director of Consolidation and subject thereto of the Settlement Officer (Consolidation) under this section shall, except as otherwise provided by or under this Act, be final.

(1) The Consolidation Naib-Tehsildar 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 in writing 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 ear-marked for extension of abadi including areas for abadi site for harijans and landless persons in the unit and for such other public purposes as may be prescribed; (b) the basis on which the tenure-holders will contribute land for extension of abadi and of other public purposes, and the manner in which vacant common land of the unit may be utilized for the aforesaid purposes: Provided that vacant land vested in the Government, where available, may be utilized in any estate for public purposes along with the existing common land of such an estate in the ratio of 1:4 and in such cases the tenure-holders concerned shall contribute equitably land from their holdings only to the extent necessary to make up for the deficiency, if any.

(1) The Statement of Principles prepared under section 22 shall be published in the unit. (2) Any person likely to be affected by the scheme may, within twenty-one days of such publication, make an objection in the manner prescribed.

(1) The Consolidation Naib-Tehsildar shall, after hearing the parties, if necessary, on the objections filed under section 23 and taking into account the views of the Consolidation Committee, submit his report on those objections to the Consolidation Tehsildar who shall dispose of the objections in the manner prescribed. (2) Where no objections have been filed within the tune specified under section 23,the Consolidation Tehsildar shall, with a view to examine the correctness of the Statement of Principles prepared under section 22, make a local inspection of the unit after giving due notice of his intention to do so to the Consolidation Committee. The Consolidation Tehsildar may, thereafter, make such modifications or alterations to the Statement of Principles as he may consider expedient or necessary. (3) Any person aggrieved by the order of the Consolidation Tehsildar under sub-section (1) or sub-section (2),as the case may be, may within thirty days of the date of the order, file an appeal before the Settlement Officer (Consolidation). (4) The Consolidation Tehsildar and the Settlement Officer (Consolidation) may, before deciding the objection or the appeal, as the case may be, make a local inspection of the unit after giving due notice of their intention to do so to the parties concerned and the Consolidation Committee. (5) Any person aggrieved by the order of the Settlement officer (Consolidation) under sub-section (3) may, within 30 days of the date of the order, file an appeal before the Director of Consolidation, who shall, after hearing the parties concerned, give his decision thereon. (6) The decision of the Director of Consolidation and subject thereto of the Settlement Officer (Consolidation) under this section shall, except as otherwise provided by or under the Act, be final.

The Settlement Officer Consolidation shall, thereafter, confirm the Statement of Principles on the basis of the final orders passed under section 24 and the Statement of Principles, so confirmed, shall be published in the unit.

(1) As soon as the Statement of Principles has been confirmed under section 25 the'[Consolidation Naib-Tehsildar ] shall, in consultation with the Consolidation Committee and on the basis of the Statement prepared under section 21 and the Statement of Principles and having regard to the provisions of sub-section (2), prepare, in the manner hereinafter provided, a Statement of Proposals.(2) In preparing the statement of proposals the '[Consolidation Naib- Tehsildar ] shall have regard to the following matters :-

(a) the number of Chaks allotted to each tenure-holder shall not, except with the approval of the Director of Consolidation, exceed the number of blocks in the estate;

(b) every tenure-holder shall, as far as possible, be allotted a compact area in each block at the place where he holds the largest part of his holding and as nearly equivalent to the valuation of the plots held by him in that block :

'[Provided that, the land held by a non-occupancy tenant under a tenure-holder other than the State shall be deemed to be a part of the holding of such tenure-holder;]

(c) the tenure-holders belonging to the same family shall, as far as possible, be allotted contiguous Chaks;

(d) every tenure-holder shall, as far as possible, be allotted the plot on which exists his private source of irrigation or any other improvement together with such other plots as may be held by him near it ;

(e) small tenure-holder shall, as far as possible, be allotted Chaks in compact blocks with a view to facilitate co-operative joint farming; 2[(f) no compensation snail be assessed or proposed in respect of any improvements made in the land used or transferred in the consolidation area in contravention of clause (d) of section 5 of this Act.]

(3) The 3 [Consolidation Naib-Tehsildar] shall prepare the Statement of Proposals in the prescribed form showing-

(a) details of previous plots of each tenure-holder and of the plots proposed to be allotted to him in the unit; (b) the compensation for trees, wells and other improvements determined in the manner prescribed ;

(c) the areas to be ear-marked for public purposes; and

(d) such other particulars as may be prescribed.

(4) The Statement of Proposals shall be accompanied by a map of the unit showing the proposed allotment of plots.

(5) Notwithstanding anything contained in this Act or in any other law for the time being in force, it shall be lawful for the '[Consolidation Naib-Tehsildar ] where it appears necessary to him so to do to allot after determinating its valuation, any portion of the common lands of the unit used for public purposes, or any vacant lands of the unit vested in the Government to any tenure-holder so as to form part of his holding.

(6) Where any land mentioned in sub-section (5) is allotted to a tenure-holder, it shall be deemed to have been settled with him on payment of compensation for the development, if effected in or over that land, to be determined in he manner prescribed.

(7) Whenever in preparing a Statement of Proposals it appears to the '[Consolidation Naib-Tehsildar ] that it is necessary to amalgamate any land used for public purposes, or which is vested hi the Government, with any holding, he shall make a declaration to that effect stating therein that it is proposed that the right of the public as well as of all individuals in or over the said land shall be transferred to any other land earmarked for public purposes hi the Statement of Proposals and whenever the rights are so transferred they shall stand extinguished from the land from which they are transferred and be created hi the land to which they are transferred.

(1) The Statement of Proposals prepared under section 26 shall be published in the unit.

(2) Any person affected by the proposals shall, within twenty-one days of such publication, file an objection hi writing before the '[Consolidation Naib-Tehsildar.]

(3) Any member of the public affected or any person having interest or right, in addition to the right of public highway in or over any public land, or having any other interest or right which is substantially prejudiced by the proposals under sub-sections (6) and (7) of section 26 shall, within twenty-one days after the publication under sub-section (1),file an objection before the '[Consolidation Naib-Tehsildar ] stating the nature of such interest or right.

(1) All objections received by the ' [Consolidation Naib-Tehsildar ] shall, as soon as may be, after the expiry of the period of limitation prescribed therefore, be submitted by him to the ' [Consolidation Tehsildar ] who shall dispose of the same in the manner hereinafter provided after giving notice to the parties concerned and the Consolidation Committee.

2 [(2) Any person aggrieved by the order of the Consolidation Tehsildar under sub-section (1) may; within thirty days of the date of the order, file an appeal before the Settlement Officer (Consolidation) and any person aggrieved by the order of the Settlement Officer (Consolidation) may, within thirty days, appeal to the Director of Consolidation. The decision of the Director of Consolidation shall, except as otherwise provided by or under this Act, be final.]

(3) The '[Consolidation Tehsildar, the Settlement Officer (Consolidation) and the Director of Consolidation] shall, before deciding the objection or the appeal, as the case may be, make a local inspection of the plots in dispute after giving due notice of their intention to do so to the parties concerned and the Consolidation Committee.

(4) If during the course of hearing or disposal of objections under sub-section (1) or appeal under sub-section (2), the '[Consolidation Tehsildar or the Settlement Officer (Consolidation) or the Director of Consolidation,] as the case may be, is of the opinion 'hat material injustice is likely to be caused to a number of tenure-holders in giving effect to the Statement of Proposals as prepared by the '[Consolidation Naib-Tehsildar] or as subsequently modified by the '[Consolidation Tehsildar] and that a fair and proper allotment of land to the tenure holders of the unit is not possible without revising or getting a fresh Statement of Proposals prepared, it shall be lawful, for reasons to be recorded in writing for-

(i) the '[Consolidation Tehsildar ] to revise the Statement of Proposals before him, after giving opportunity of hearing to the tenure-holders concerned or to remand the same to the '[Consolidation Naib-Tehsildar] with such directions as may be considered necessary;

(ii) the '[Director of Consolidation or Settlement Officer (Consolidation) to revise the Statement of Proposals pending before him in appeal after giving opportunity of hearing to the tenure-holders concerned or to remand the same with such directions as he may consider necessary-

(a) to the'[Consolidation Tehsildar ] for decision after re-hearing of the objections; or

(b) to the '[Consolidation Naib-Tehsildar ] for the preparation of a fresh Statement of Proposals in accordance with the provisions of section 26.

(1) Any objection under section 27 or an appeal under sub-section (2) of section 28 may be admitted by the '[Consolidation Tehsildar], or the Settlement Officer (Consolidation), as the case may be, after the period of limitation prescribed therefore under this Act, if the objector or the appellant satisfies the authority concerned that material injustice is likely to be caused to him if the objection or appeal is not admitted.

(2) The objection or appeal on admission under sub-section (1) shall be heard in the manner provided therefore under section 28.

(3) Notwithstanding anything contained in sub-section (1), no objection or appeal shall be admitted under sub-section (1) -

(i) by the '[Consolidation Tehsildar ]-

(a) where objections have been taken, after decision thereof under section 28, (b) where no objections have been taken, after thirty days of the publication of the Statement of Proposals under section 27;

(ii) by the Settlement Officer (Consolidation) after the confirmation of the Statement of Proposals under section 30.

(1) The Settlement Officer (Consolidation) shall confirm the Statement of Proposals — (a) if no objections are filed within the tune specified in section 27 or where no action has been taken by him under section 29 ;or

(b) Where such objections are filed or where action has been taken by him under section 22 after such modifications or alterations as may be necessary in view of the orders passed under sections 28 and 29.

(2) The Statement of Proposals so confirmed shall be published in the unit and shall, except as otherwise provided by or under this Act, be final.

(3) The '[Consolidation Naib-Tehsildar] shall thereupon issue allotment orders, on the basis, of the Statement of Proposals as confirmed by the Settlement Officer (Consolidation) in such form as may be prescribed.