Chapter III Preparation Of Consolidation Scheme

(a) the rights and liabilities of a tenure-holder, as recorded in the annual register prepared under section 10, are subject to the deductions, if any, made on account of contributions to public purposes under this Act, secured in the lands allotted to him . (b) the valuation of plots allotted to a tenure-holder subject to deductions, if any, made on account of contribution to public purposes under this Act, is equal to the valuation of plots originally held by him; (c) the compensation determined under the provisions of this Act, or the rules framed thereunder, is awarded- (1) To the tenure-holder-s- (i) for trees, wells other improvements, originally held by him and allotted to another tenure-holder and, (ii) for land contributed by him for public purposes; (2) To the Gaon Sabha, or any other local authority, as the case may be, for development, if any, effected by it in or over land belonging to it and allotted to a tenure-holder ; (d) the principles laid down in the Statement of Principles are followed; (e) every tenure-holder is, as far as possible, allotted a compact area ,at the place where he holds the largest part of his holding : Provided that no tenure-holder maybe allotted more chaks than three except with the, approval in writing of the Deputy Director of Consolidation. Provided further that no consolidation made shall be invalid for the reason merely that the number of chaks allotted to a tenureholder exceeds three ; (f) every tenure-holder is, as far as possible, allotted the plot on which exists his private source of irrigation or any other improvement together with an area in the vicinity equal to the valuation or the plots originally held by him there; and (g) every tenure-holder is, as far as Possible, allotted chaks in conformity with the process of rectangulation in rectangulation Preparation of provisional consolidation scheme by the Assistant Consolidation Officer Publication of the provisional consolidation scheme and receipt of objection thereon units. (h) the principles of voluntary consolidation shall be accorded and shall be comply fix terms for voluntary consolidation according section 13 and section 19. (2) A consolidation scheme before it is made final under section 16, shall be provisionally drawn up in accordance with the previsions of section,13. 13-A (1) The Assistant, Consolidation officer shah in consultation with the consolidation Committee, prepare in the horn prescribed, a provisional Consolidation Scheme for the unit, (2) Notwithstanding anything contained in this Act, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (UP Act no. 1 of 1951) or any other law for the time being in, force, it shall be lawful for the Assistant Consolidation Officer where in his opinion it is necessary or expedient so to do to allot a tenure-holder, after determining its valuation any land belonging to the State Government, or any, land vested, in the Gaon Sabha, or arty other local authority or as a result of notification issued under section 117, or l17-A of the U. P. Zamindari Abolition and Land Reforms Act 1950; Provided where any, such, land is used for a public purpose, it shall be allotted only after the Assistant Consolidation Officer has declared in writing that it is proposed to transfer the rights of the public as well as all individuals in or, over that land to any either and specified in the declaration and earmarked for that, purpose in the provisional Consolidation Scheme. 14. (1) Upon the preparation of the provisional consolidation scheme, the Assistant, Consolidation officer shall send or cause to be sent, to the tenure-holder concerned and person’s interested, notices containing relevant extracts therefrom. The provisional consolidation scheme have thereafter, be published in the unit. (2) Subject to the provisions contained in section 11-A any person to whom notice has been sent under sub-section (1), and any other person affected by the provisional consolidation scheme, disputing the property or correctness of the entries In the provisional consolidation scheme; or in the extracts furnished therefrom may, within 45 days of the receipt or the notice or of the date of the publication of the consolidation scheme, as the case may be file an objection before the Assistant Consolidation Officer or the Consolidation Officer. (3) Any person affected, or any person having any interest or right, in addition to the, right of public highway in, or over any public land, or having other interest or right which is substantially prejudiced by the declaration made under sub-section (2) of section 19-A, may, within 45 days after the publication of, the provisional consolidation scheme file Disposal of objections to the provisional Consolidation Scheme Confirmation of the provisional Consolidation Scheme and the issue of a allotment orders an objection before the Assistant Consolidation or officer or the Consolidation Officer stating the nature of such interest or right. 15. (1) All objections received by the Assistant Consolidation Officer shall, as soon as may be, after the expiry of the period of limitation prescribed therefore be submitted by him to the Consolidation Officer who shall dispose of the same, as also the objections received by him, in the manner hereinafter provided after notice, to the parties concerned and the Consolidation Committee. (2) Any person aggrieved by the order of the Consolidation Officer under sub-section (1) may, within 45 days of the date of the order file an appeal before the Settlement Officer, Consolidation, whose decision shall, except as otherwise provided by or under this Act, be final. (3) The Consolidation Officer shall, before deciding the objections, and the Settlement Officer, Consolidation may, before deciding an appeal, make local inspection of the plots in dispute after notice to the parties concerned and the Consolidation committee. (4) It during the course of the disposal of an objection or the hearing of' an appeal, the Consolidation Officer or the Settlement Officer, Consolidation, as the case, may be, is of this opinion that Material injustice is likely to be caused to a number of tenure-holders in givingeffect to, the provisional Consolidation Scheme as prepared by the assistant Consolidation Officer, or as, subsequently modified by the Consolidation Officer, as the case may and, that, a fair and proper allotment of land to the, tenure-holders of the units is not possible without revising the provisional Consolidation Scheme, or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing for- (i) the consolidation officer to revised provisional consolidation scheme, after giving opportunity of being heard to the tenureholders concerned, or to remand the same to the Assistant consolidation officer, with such directions as the Consolidation officer may consider necessary; and (ii) the Settlement Officer, Consolidation to revise the provision of Consolidation Scheme after giving opportunity of being heard to the tenure-holders concerned or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer as the Settlement Officer Consolidation may think fit with such directions as they may consider necessary. 16. (1) The Settlement Officer, Consolidation shall confirm the provisional Consolidation Scheme- (a) if no objections are filed within the time specified in section 14 ; or (b) Where such objections are filed, after such modifications or Possession and accrual of compensation for trees, etc. alterations as may be necessary in view of the orders passed under sub-sections (1) to (4) of section 15. (2) The provisional Consolidation Scheme so confirmed shall be published in the unit and, except as otherwise provided by or under this Act shall be final. (3) (i) Where the allotments made under section 13(1) are not modified under section 15 and are confirmed under section 16, the extracts contained in the notice issued under section 14, shall except as provided by or under this Act be treated as final allotment orders for the tenure-holders concerned; (ii) In cases not covered by clause (i), revised extract specifying the modified allotments; as confirmed tinder sub-section (1) shall be issued by- (a) the Consolidation Officer, where the allotments are not modified by the Settlement Officer, Consolidation; and (b) by the Settlement Officer, Consolidation, where he has modified the allotment, and the same shall except as otherwise, provided by or under this Act be the final allotment orders for the tenure-holders concerned. (4) After completion of initial scheme of voluntary consolidation under section 13, the consolidation officers of such other equivalent officer who is authorised by Deputy Operator Consolidation for this purpose, as initial scheme the permission letter shall be issue exchange of land with the one land holder to other land holder. In addition he also entertain the gift or donation to be transfer with one land holder to other land holders. If any land holder to give land as gift or donation for the public proposes than he will records accordingly. Such all exchange permissions of the gift and donations after entertain in records by the orders, the final shape shall be given to the voluntary consolidation scheme.

1. (1) Upon the preparation of the provisional consolidation scheme, the Assistant, Consolidation officer shall send or cause to be sent, to the tenure-holder concerned and person’s interested, notices containing relevant extracts therefrom. The provisional consolidation scheme have thereafter, be published in the unit.
2. (2) Subject to the provisions contained in section 11-A any person to whom notice has been sent under sub-section (1), and any other person affected by the provisional consolidation scheme, disputing the property

or correctness of the entries In the provisional consolidation scheme;

or in the extracts furnished therefrom may, within 45 days of the receipt or the notice or of the date of the publication of the consolidation scheme, as the case may be file an objection before the Assistant Consolidation Officer or the Consolidation Officer.

1. (3) Any person affected, or any person having any interest or right, in addition to the, right of public highway in, or over any public land, or having other interest or right which is substantially prejudiced by the declaration made under sub-section (2) of section 19-A, may, within 45 days after the publication of, the provisional consolidation scheme file an objection before the Assistant Consolidation or officer or the Consolidation Officer stating the nature of such interest or right. Disposal of objections to the provisional Consolidation Scheme

1. (1) All objections received by the Assistant Consolidation Officer shall, as soon as may be, after the expiry of the period of limitation prescribed

therefore be submitted by him to the Consolidation Officer who shall

dispose of the same, as also the objections received by him, in the

manner hereinafter provided after notice, to the parties concerned and

the Consolidation Committee.

1. (2) Any person aggrieved by the order of the Consolidation Officer under sub-section (1) may, within 45 days of the date of the order file an appeal before the Settlement Officer, Consolidation, whose decision shall, except as otherwise provided by or under this Act, be final.
2. (3) The Consolidation Officer shall, before deciding the objections, and the Settlement Officer, Consolidation may, before deciding an appeal, make local inspection of the plots in dispute after notice to the parties concerned and the Consolidation committee.
3. (4) It during the course of the disposal of an objection or the hearing of' an appeal, the Consolidation Officer or the Settlement Officer, Consolidation, as the case, may be, is of this opinion that Material injustice is likely to be caused to a number of tenure-holders in giving- effect to, the provisional Consolidation Scheme as prepared by the assistant Consolidation Officer, or as, subsequently modified by the Consolidation Officer, as the case may and, that, a fair and proper allotment of land to the, tenure-holders of the units is not possible without revising the provisional Consolidation Scheme, or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing for-
   • (i) the consolidation officer to revised provisional consolidation scheme, after giving opportunity of being heard to the tenure- holders concerned, or to remand the same to the Assistant consolidation officer, with such directions as the Consolidation officer may consider necessary; and
   • (ii) the Settlement Officer, Consolidation to revise the provision of Consolidation Scheme after giving opportunity of being heard to the tenure-holders concerned or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer as the Settlement Officer Consolidation may think fit with such directions as they may consider necessary. Confirmation of the provisional Consolidation Scheme and the issue of a allotment orders

1. (1) The Settlement Officer, Consolidation shall confirm the provisional Consolidation Scheme-
   • (a) if no objections are filed within the time specified in section 14 ; or
   • (b) Where such objections are filed, after such modifications or alterations as may be necessary in view of the orders passed under sub-sections (1) to (4) of section 15.
2. (2) The provisional Consolidation Scheme so confirmed shall be published in the unit and, except as otherwise provided by or under this Act shall be final.
3. (3) (i) Where the allotments made under section 13(1) are not modified

provided by or under this Act be treated as final allotment orders for the tenure-holders concerned;

1. (ii) In cases not covered by clause (i), revised extract specifying the modified allotments; as confirmed tinder sub-section (1) shall be issued by-

1. (a) the Consolidation Officer, where the allotments are not modified by the Settlement Officer, Consolidation; and
2. (b) by the Settlement Officer, Consolidation, where he has modified the allotment, and the same shall except as otherwise, provided by or under this Act be the final allotment orders for the tenure-holders concerned.

1. (4) After completion of initial scheme of voluntary consolidation under section 13, the consolidation officers of such other equivalent officer who is authorised by Deputy Operator Consolidation for this purpose, as initial scheme the permission letter shall be issue exchange of land with the one land holder to other land holder. In addition he also entertain the gift or donation to be transfer with one land holder to other land holders. If any land holder to give land as gift or donation for the public proposes than he will records accordingly. Such all exchange permissions of the gift and donations after entertain in records by the orders, the final shape shall be given to the voluntary consolidation scheme.