The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948

(1) This Act may be called the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. (2) It extends to the whole of the Union Territory of Chandigarh. (3) This section shall come into force at once and the remaining provisions of the Act shall come into force in such area and from such date as the Central Government may by notification appoint in this behalf, and different dates may be appointed for the coming into force of different provisions of the Act.

In this Act, unless there is anything repugnant in the subject or context,— (a) “Consolidation Officer” means an officer appointed as such under section 14 by the Central Government and includes any person authorised by the Central Government to perform all or any of the functions of the Consolidation Officer under this Act; (b) “Consolidation of Holdings” means the amalgamation and the redistribution of all or any of the lands in an estate or sub-division of an estate so as to reduce the number of plots in the holdings; (bb) “common purpose” means any purpose in relation to any common need, convenience or benefit of the village and includes the following purposes:— (i) extension of the village Abadi; (ii) providing income for the Panchayat of the village concerned for the benefit of the village community; (iii) village roads and paths, village drains, village wells, ponds or tanks, Village watercourses or water-channels; village bus stands and waiting places; manure pits, hada roti, public latrines, cremation and burial grounds; Panchayat Ghar, Janj Ghar, grazing grounds, tanning places, mela grounds, public places of religious or charitable nature; schools and playgrounds, dispensaries, hospitals and institutions of like nature; waterworks or tube-wells, whether such schools, playgrounds, dispensaries, hospitals, institutions, waterworks and tube-wells may be managed and controlled by the Central Government or not; (c) “fragment” means a plot of land of less extent than the appropriate standard area determined under this Act: Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its area by river action; (d) “land” means land which is occupied or let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes the sites of buildings and other structures on such land; (e) “notified area” means any area notified as such under section 3; (f) “owner” means in the case of unalienated land the lawful occupant and when such land has been alienated, the superior holder; (g) “prescribed” means prescribed by rules made under this Act; (h) “Settlement Officer (Consolidation)” means an Officer appointed as such under section 20 by the Central Government and includes any person authorised by the Central Government to perform all or any of the functions of the Settlement Officer (Consolidation) under this Act; (i) “standard area” in respect of any class of land means the area which the Central Government may from time to time determine under section 5 as the minimum area necessary for profitable cultivation in any particular notified area and includes a standard area revised under the said section; (j) “sub-division” means a part of an estate recorded as a sub-division, patti, taraf or pana in a record-of-rights prepared under section 31 of the Punjab Land Revenue Act, 1887 provided it forms a compact block; and (k) words and expressions used in this Act but not defined, have the meanings assigned to them in the Punjab Land Revenue Act, 1887.

The Central Government may, after such inquiry as it deems fit, specify any estate or sub-division of an estate as a notified area for the purposes of this Chapter of this Act.

(1) The Central Government may, after such inquiry as it deems fit, provisionally settle for any class of land in any notified area the minimum area that can be cultivated profitably as a separate plot. (2) The Central Government shall by notification and in such other manner as may be prescribed publish the minimum areas provisionally settled by it under sub-section (1) and invite objections thereto.

(1) The Central Government shall, after considering the objections, if any, received within three months of the date of publication of the notification under sub-section (2) of section 4 in the estate concerned and taking such further inquiry as it may deem fit, determine the standard area for each class of land in such notified area. (2) The Central Government may, at any time, if it deems it expedient so to do, revise the standard area determined under sub-section (1). Such revision shall be made in the manner laid down in section 4 and sub-section (1) of section 5. (3) The Central Government shall, by notification and in such other manner as may be prescribed, give public notice of any standard area determined under sub-section (1) or revised under sub-section (2).

(1) On notification of a standard area under sub-section (3) of section 5 for a local area all fragments in the local area shall be entered as such in the record-of-rights. (2) Notice of every entry made under sub-section (1) shall be given in the prescribed manner.

(1) No person shall transfer any fragment in respect of which a notice has been given under sub-section (2) of section 6 unless thereby the fragment becomes merged in a contiguous survey number or recognised sub-division of a survey number. (2) Notwithstanding anything contained in the Punjab Tenancy Act, 1887, no such fragment shall be leased to any person other than a person cultivating any land which is contiguous to the fragment.

No land in any notified area shall be transferred or partitioned so as to create a fragment.

The transfer or partition of any land contrary to the provisions of this Act, shall be void.

Any owner of a fragment who intends to sell it shall make an application in this behalf to the Collector for determination of its market price and the Collector shall, after hearing the applicant and the owners of the contiguous survey numbers or recognised sub-divisions of survey numbers determine the market price, and such determination shall be final and conclusive for the purposes of this chapter.

The owner referred to in the preceding section shall in the first instance offer the fragment for sale to the owners of contiguous survey numbers or recognised sub-divisions of survey numbers and upon their refusal to purchase or upon Government for the purpose of the State on payment by the Government, to persons possessing such qualifications as may be prescribed, and thereupon the fragment shall vest absolutely in the Government free from all encumbrances.

When a decree of a Civil Court is during partition of an undivided estate assessed to payment of revenue to the Government in any notified area for which standard areas have been fixed, for the separation of share of such an estate, no such partition or separation shall be made so as to create a fragment.

(1) Notwithstanding anything contained in any law for the time being in force, no land shall be acquired by the Central Government or any local authority or sold at any sale held under the orders of any court so as to leave a fragment. (2) If any land acquired by the Central Government or any local authority is in excess of its needs it shall be offered for sale in the first instance to the owners of contiguous survey numbers or recognised sub-divisions of survey numbers at the price at which it is acquired by the authority under sub-section (1).

(1) With the object of consolidating holdings in any estate or group of estates or any part thereof for the purpose of better cultivation of lands therein, the Central Government may of its own motion or on application made in this behalf declare by notification and by publication in the prescribed manner in the estate or estates concerned its intention to make a scheme for the consolidation of holdings in such estate or estates or part thereof as may be specified. (2) On such publication in the estate concerned the Central Government may appoint a Consolidation Officer who shall after obtaining in the prescribed manner the advice of the landowners of the estate or estates concerned, and of the non-proprietors and the Gram Panchayat, if any, constituted in such estate or estates under the Gram Panchayat Act, No. IV of 1953, prepare a scheme for the consolidation of holdings in such estate or estates or part thereof as the case may be. (3) Where a notification under sub-section (1) has been made in respect of a group of estates and the land is situated in more than one estate in the group, then notwithstanding anything contained in the Punjab Land Revenue Act, 1887, the scheme prepared by the Consolidation Officer may provide for the alteration of boundaries of such estates.

(1) The scheme prepared by the Consolidation Officer shall provide for the payment of compensation to any owner who is allotted a holding of less market value than that of his original holding for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding. (2) [Omitted]

(1) The scheme prepared by the Consolidation Officer may provide for the distribution of land held under occupancy tenure between the tenants holding a right of occupancy and his landlord in such proportion as may be agreed upon between the parties. (2) When the scheme is confirmed under section 20, the land so allotted to the occupancy tenant and the landlord shall, notwithstanding any thing to the contrary contained in the Punjab Tenancy Act, 1887 or in any other law for the time being in force, be held by each of them, respectively in full right of ownership, and the right of occupancy in the land allotted to the landlord shall be deemed to be extinguished.

(1) Notwithstanding anything contained in Chapter IX of the Punjab Land Revenue Act, 1887, except section 117 thereof, the scheme prepared by the Consolidation Officer may provide for the partition of land between joint-owners of land, or between joint-tenants of a tenancy in which a right of occupancy subsists, in accordance with the share of each owner or tenant in the land or tenancy, as the case may be, if— (a) such share is recorded under Chapter IV of that Act as belonging to him, or (b) the right of such owner or tenant to such share has been established by a decree which is still subsisting at the time of preparing the scheme, or (c) a written acknowledgement of such right has been executed by all persons interested in the admission or denial thereof. (2) When the scheme is confirmed under section 20, the land so partitioned shall, notwithstanding anything to the contrary contained in any law for the time being in force, be held by each such owner or tenant in full right of ownership or tenancy, as the case may be, and the rights of other joint-owners or joint-tenants in the land shall be deemed to be extinguished.

(1) Whenever in preparing a scheme for consolidation of holdings, it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes with any holding in the scheme he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes, shall be extinguished or, as the case may be, transferred to a new road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes laid out in the scheme of consolidation. (2) The declaration in sub-section (1) shall be published in the estate concerned in the prescribed manner along with the draft scheme referred to in section 19. (3) Any member of the public or any person having any interest or right, in addition to the right of public highway in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes or having any other interest or right which is likely to be adversely affected by the proposal may within thirty days after the publication of the declaration under sub-section (1), state to the Consolidation Officer in writing his objection to the proposal, the nature of such interested right and the manner in which it is likely to be adversely affected and the amount and the particulars of his claim for compensation for such interest or right: Provided that no claim for compensation on account of the extinction or diminution of the right of public highway over such road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes, shall be entertained. (4) The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the Settlement Officer (Consolidation), together with the objections received, his recommendations thereon and a statement of the amounts of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such compensation is payable. The decision of the Settlement Officer (Consolidation), on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall be final.

Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Consolidation Officer to direct— (a) that any land specifically assigned for any common purpose shall cease to be so assigned and to assign any other land in its place; (b) that any land under the management of a Gram Panchayat or any other authority and forming part of the area under consolidation shall for the purpose of community development within a certain range within the State shall be assigned for any common purpose; (c) that if in any area under consolidation no land is reserved for any common purpose including extension of the village abadi, or if the land so reserved is inadequate, it shall be lawful for the Consolidation Officer to assign other land for any common purpose including extension of the village abadi.

The Consolidation Officer shall, after considering the objections, if any, received, submit the Scheme with such amendments as he considers to be necessary, together with his remarks on the objections, to the Settlement Officer (Consolidation).

(2) If no objections are received to the draft scheme published under sub-section (2) of section 19, or if no written or oral objections to the draft scheme are received under sub-section (3) by the Settlement Officer (Consolidation), he shall confirm the scheme. (3) If any objections are received to the draft scheme published under sub-section (2) of section 19 or if any written or oral objections are received by the Settlement Officer (Consolidation) before the confirmation of the draft scheme by him, the Settlement Officer (Consolidation) may after taking the objections into consideration together with the remarks thereon of the Consolidation Officer and also after considering the written or oral objections, either confirm the scheme with or without modifications, or refuse to confirm it. In case of such refusal, the Settlement Officer (Consolidation) shall return the draft scheme, with such direction as may be necessary, to the Consolidation Officer, for reconsideration and resubmission. (4) Upon the confirmation of the scheme under sub-section (2) or (3), the scheme as confirmed shall be published in the prescribed manner in the estate or estates concerned.

(1) The Consolidation Officer shall after obtaining the advice of the landowners of the estate concerned, carry out repartition in accordance with scheme of consolidation of holdings confirmed under section 20, and the boundaries of the holdings as demarcated shall be shown on the shajra which shall be published in the prescribed manner in the estate or estates concerned. (2) Any person aggrieved by the repartition may file a written objection within fifteen days of the publication before the Consolidation Officer who shall after hearing the objector pass such orders as he considers proper confirming or modifying the repartition. (3) Any person aggrieved by the order of the Consolidation Officer under sub-section (2) may within one month of that order file an appeal before the Settlement Officer (Consolidation) who shall after hearing the appellant pass such order as he considers proper. (4) Any person aggrieved by the order of the Settlement Officer (Consolidation) under sub-section (3), whether made before or after the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962, may, within sixty days of that order, appeal to the Assistant Director of Consolidation. (5) Any appeal against an order of the Settlement Officer (Consolidation), pending under sub-section (4) immediately before the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962, either before the Central Government or any officer to whom the powers of the Central Government in this behalf have been delegated, shall be decided by the Assistant Director of Consolidation. (6) The appellate authority may entertain an appeal after the expiry of the period of limitation prescribed therein if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (7) The Central Government may by notification appoint any person to be an Assistant Director of Consolidation to exercise the powers under this section in respect of such area as may be specified in such notification.

(1) The Consolidation Officer shall cause to be prepared a new record-of-rights in accordance with the provisions contained in Chapter IV of the Punjab Land Revenue Act, 1887, in so far as applicable, for the area under consolidation, giving effect to the repartition and orders in respect thereof made under the preceding section. (2) Such record-of-right shall be deemed to have been prepared under section 32 of the Punjab Land Revenue Act, 1887.

(1) If all the owners and tenants affected by the repartitions, as carried out under sub-section (1) of section 21 agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession forthwith or from such date as may be specified by him. (2) If all the owners and tenant as aforesaid do not agree to enter into possession under sub-section (1), they shall be entitled to possession of the holdings and tenancies, allotted to them from such date as may be determined by the Consolidation Officer and published in the prescribed manner in the estate or estates concerned; and the Consolidation Officer shall, if necessary, put them in physical possession of the holding to which they are entitled, including standing crops, if any, and for this purpose may exercise the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887. (3) If there are standing crops on any holding of which possession has been given under sub-section (2), the Consolidation Officer shall determine in the manner prescribed under this Act the compensation payable in respect of such crops by the person put in possession, who shall, within six months of the date of possession, pay such compensation to the person or persons from whom possession was transferred, and in case of default such compensation shall be recoverable from him as an arrear of land revenue. (4) If any person from whom compensation is recoverable in the sum fails within 15 days of the commencement of the agricultural year referred to in sub-section (2) to deposit such compensation in the prescribed manner, it shall be recoverable from him as an arrear of land revenue, and in such case the amount realised after deducting the expenses, shall be paid to any person having the interest in the holding. As soon as a Scheme comes into force, the land meant for any common purpose shall, as provided in clause (iv) of clause (bb) of Section 2 in respect of which the management and control are to be exercised by the Central Government, shall vest in the Central Government: and any other common purpose, shall vest in the panchayat of that village : and the Central Government or the panchayat, as the case may be, shall be entitled to appropriate the income accruing therefrom for the benefit of the Village Community, and the rights and interests of the owners of such lands shall stand modified and extinguished: Provided that in the case of land assigned or reserved for the extension of village abadi or manure pits for the proprietors and non-proprietors of the Village, such land shall vest in the proprietors and non-proprietors.

As soon as a Scheme comes into force, the management and control of all lands assigned or reserved for common purposes of the village under section 18— (i) in the case of common purposes specified in sub-clause (iv) of clause (bb) of Section 2 in respect of which the management and control are to be exercised by the Central Government, shall vest in the Central Government; and (ii) in the case of any other common purpose, shall vest in the panchayat of that village: and the Central Government or the panchayat, as the case may be, shall be entitled to appropriate the income accruing therefrom for the benefit of the Village Community, and the rights and interests of the owners of such lands shall stand modified and extinguished accordingly: Provided that in the case of land assigned or reserved for the extension of village abadi or manure pits for the proprietors and non-proprietors of the village, such land shall vest in the proprietors and non-proprietors of the village.

(1) As soon as the persons entitled to possession of holdings under this Act have entered into possession of holdings, respectively allotted to them the scheme shall be deemed to have come into force and the possession of allottees affected by the scheme of consolidation or, as the case may be, by repartition, shall remain undisturbed until a fresh scheme is brought into force or in pursuance of provisions of sub-sections (2), (3) and (4) of section 21 or an order passed under Section 36 or 42 of this Act. (2) A Consolidation Officer shall be competent to exercise all or any of the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), for purposes of compliance with the provisions of sub-section (1).

A land-owner or a tenant shall subject to the provisions of sections 16 and 16A have the same right in the land allotted to him in pursuance of the scheme of consolidation as he had in his original holding or tenancy, as the case may be.

(1) If in pursuance of a scheme for consolidation of holdings any land which is evacuee property within the meaning of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), is or has been exchanged for any other land which is not evacuee property, then such other land shall, as from the date of the coming into force of the scheme, be deemed to be evacuee property declared as such within the meaning of the said Act and the original evacuee land shall, as from such date, be deemed to have ceased to be evacuee property. (2) If a displaced person to whom any land has been leased or allotted by the Custodian under the conditions published by the notification of the Government of Punjab, Department of Rehabilitation No. 4891-S or 4892-S, dated the 8th July, 1949, has been allotted some other land in lieu thereof in pursuance of any scheme, for consolidation of holdings, then such other land shall be deemed to have been leased or allotted, as the case may be, to such displaced person under the aforesaid conditions within the meaning of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954). (3) In this section, the expressions ‘Custodian’, ‘displaced persons’ have the meanings, respectively assigned to them in the Administration of Evacuee Property Act, 1950 (XXXI of 1950) and the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954).

(1) If the holding of a land-owner of the tenancy of a tenant brought under the scheme of consolidation is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance shall be transferred and attached to the holding or tenancy allotted under the scheme or to such part of it as the Consolidation Officer subject to any rules that may be made under section 46, may have determined in preparing the scheme; and thereupon the lessee, mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance has been transferred. (2) If the holding or tenancy 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, mortgagee or other encumbrancer, as the case may be, shall subject to the provisions of section 34 be entitled to the payment of such compensation by the owner of the holding, or as the case may be, the tenant as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 34, any lessee or any mortgagee or other person in possession of the holding or tenancy or part of the holding or tenancy to which his lease, mortgage or other encumbrance has been transferred under sub-section (1), shall continue to remain in possession of the holding or tenancy or part of the holding or tenancy to which his lease, mortgage or other encumbrance has been transferred.

Notwithstanding anything contained in the Punjab Land Revenue Act, 1887, and the Punjab Tenancy Act, 1887; the rights and liabilities of land-owners and of tenants in their tenancies shall, for the purpose of giving effect to any scheme of consolidation affecting them, be transferable by exchange or otherwise and neither the landlord nor tenant nor any other person shall be entitled to object or interfere with any transfer made for the said purpose.

Notwithstanding anything contained in the Code of Civil Procedure, 1908, or any other law for the time being in force, no decree for possession of land against a judgement debtor, whose land has been included in a scheme for consolidation of holdings shall be executed except after repartition and orders in respect thereof under section 21 and against a land allotted to him in pursuance of such repartition and orders.

(1) The cost of consolidation proceedings shall be assessed in the prescribed manner. (2) The cost of consolidation proceedings shall be recovered from the persons whose holdings are affected by the scheme of consolidation.

Compensation under section 15 or section 28 or any other sums due payable under this Act shall be recoverable as an arrear of land revenue.

After a notification under sub-section (1) of Section 14 has issued and during the pendency of the consolidation proceedings no land owner or tenant having a right of occupancy upon whom the scheme will be binding shall have power without the sanction of the Consolidation Officer to transfer or otherwise deal with any portion of his original holding or other tenancy so as to affect the rights of any other land-owner or tenant having a right of occupancy therein under the scheme of consolidation.

(1) After a notification under sub-section (1) of section 14 has issued and during the pendency of the consolidation proceedings, no land-owner upon whose land consolidation scheme will be binding shall have power without the sanction of the Consolidation Officer to cut trees from, or erect buildings or other structures upon, any portion of his original holdings included in the scheme. (2) If any person contravenes the provisions of sub-section (1) he shall, on conviction, be punishable with fine which may extend to five hundred rupees. (3) An offence under this section shall be cognizable and bailable. (4) If any building or other structure is erected in contravention of the provisions of sub-section (1) and the land-owner fails to remove it within one month of the date of publication of the Shajra under sub-section (1) of section 21, it shall, without payment of any compensation, vest in the new land-owner who enters into possession of that holding as a result of repartition.

Notwithstanding anything contained in section 3 of the Punjab Alienation of Land Act, 1900, no alienation of land by a person of part of his holding during the course of consolidation proceedings shall be affected.

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 of consolidation of holdings; and (b) no instrument, if executed shall require registration.

(1) The amount of compensation payable under this Act shall be assessed, so far as practicable, in accordance with the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894. (2) Where there is dispute in respect of the apportionment of— (a) the amount of compensation determined under sub-section (2) of section 15, or sub-section (4) of section 17; (b) the net value realised under sub-section (4) of section 23; (c) the total amount of compensation determined under sub-section (2) of section 26, the Consolidation Officer shall refer the dispute to the decision of the Civil Court and deposit the amount of compensation or net value, as the case may be, in the Court and thereupon the provisions of sections 33, 53 and 54 of the Land Acquisition Act, 1894, shall, so far as may be, apply.

In any estate or group of estates or any part thereof where consolidation of holdings has been effected under this Chapter, the Central Government shall, as soon as may be, take all necessary steps to apply provisions of Chapter II.

A scheme for the consolidation of holdings confirmed under this Act may, at any time, be varied or revoked by the authority which confirms it subject to any order of the Central Government that may be made in relation thereto and a subsequent scheme may be prepared, published and confirmed in accordance with the provisions of this Act.

The Consolidation Officer and any person acting under his orders 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) If any person wilfully destroys or injures or without lawful authority removes a survey mark, lawfully erected, he may be ordered by a Consolidation Officer to pay such fine not exceeding fifty 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 imposition of a fine under this section shall not bar a prosecution under section 434 of the Indian Penal Code.

Every village officer shall be bound to furnish a Consolidation Officer with information respecting the destruction or removal of or any injury to any survey mark.

(1) A Consolidation Officer or a Settlement Officer (Consolidation) may summon any person whose attendance he considers necessary for the purpose of any business before him under this Act. (2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or if the summons so allows, by his recognised agent or a legal practitioner. (3) If a person summoned under sub-section (1), fails, without lawful cause, to attend or to produce any document or other thing which he may be required to produce, he shall be liable, at the discretion of the Consolidation Officer or Settlement Officer (Consolidation), as the case may be, to a fine which may extend to fifty rupees: Provided that no such fine shall be imposed on a person unless he was summoned to attend or required to produce any document or other thing within the limits of the estate in which he ordinarily resides, holds or cultivates land.

(1) The Central Government may for the administration of this Act appoint such persons as it thinks fit, and may by notification delegate any of its powers or functions under this Act to any of its officers either by name or designation. (2) A Consolidation Officer or a Settlement Officer (Consolidation) may, with the sanction of the Central Government, delegate any of its powers or functions under this Act to any person in the service of the Central Government.

The Central Government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed, scheme prepared or confirmed or repartition made by any officer under this Act, call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit: Provided that no order, scheme or repartition shall be varied or reversed without giving the parties interested notice to appear and opportunity to be heard except in cases where the Central Government is satisfied that the proceedings have been vitiated by unlawful consideration.

Provided that no order, scheme or repartition shall be varied or reversed without giving the parties interested notice to appear and opportunity to be heard except in cases where the Central Government is satisfied that the proceedings have been vitiated by unlawful consideration. Except as provided in this Act no appeal or revision shall lie from any order passed under this Act.

Clerical or arithmetical mistakes in a scheme made, or an order passed by any officer, under this Act arising from any accidental slip or omission may at any time be corrected by the authority concerned either of its own motion or on the application of any of the parties.

No civil court shall entertain any suit instituted or application made, to obtain a decision or order in respect of any matter which the Central Government or any officer is, by this Act, empowered to determine, decide, or dispose of.

No suit or other legal proceedings shall be maintained in respect of the exercise of any powers or discretion conferred by this Act, or against any public servant or person duly appointed or authorised under this Act in respect of anything in good faith done or purporting to be done under the provisions thereof or the rules made thereunder.

(1) The Central Government may by notification make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, the Central Government may make rules providing for— (a) the manner of publication under sub-section (2) of section 4, sub-section (1) of section 14, sub-sections (1) and (2) of section 19, sub-section (2) of section 20 and sub-section (1) of section 31; (b) the manner of giving public notice under sub-section (3) of section 5; (c) the manner of giving notice under sub-section (2) of section 6; (d) the procedure to be followed in the preparation of the scheme under sub-section (2) of section 14; (e) the manner in which the area is to be reserved under section 18 and the manner in which it is to be dealt with and also the manner in which the village abadi is to be given to proprietors and non-proprietors (including scheduled castes, Sikh backward classes, artisans and labourers) on payment of compensation or otherwise; (f) the manner in which compensation recoverable from any person under sub-section (3) of section 23 shall be deposited by him; (ff) the fees to be paid in respect of appeals and applications made under this Act, the documents which shall accompany such appeals or applications and the period within which applications shall be filed; (g) the guidance of the Consolidation Officer or others in respect of the transfer of a lease, rent or other encumbrance under section 15; (h) the manner in which the area assessment (including water-rate, if any), of each reconstituted holding and tenancy shall be determined; (i) the appointment of guardians ad litem for minors. (j) generally for the guidance of the Consolidation Officer and other officers and persons in any proceedings under this Act; and (k) any other matter which is to be or may be prescribed. (3) All rules made under this section shall be subject to the condition of previous publication.

The enactments mentioned in the schedule are hereby repealed.