Chapter V Miscellaneous

Power to enforcer attendance of witnesses and in certain Matters

Power for production of documents, etc.

Proceedings before Director of Consolidation, Deputy Director of Consolidation, Settlement Officer Consolidation, Consolidation Officer and Assistant Consolidation Officer to be judicial Proceedings

Powers of the consolidation authorities

1. (a) the enforcing of the attendance of witnesses and examining them on oath. affirmation or otherwise and the issue of a commission or request to-examine witnesses abroad;
2. (b) compelling anyone for the production of any document;
3. (c) the punishing of persons guilty of contempt and a summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and compelling the production of document. 25. (1) Subject to any conditions or restrictions that may be prescribed, the Director of Consolidation Deputy Director of Consolidation Sett1emcnt Officer Consolidation, Consolidation Officer, or Assistant, Consolidation Officer may, by written order require any person to produce such documents papers and registers or to furnish such information as .he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.

1. (2) Every person required to produce any document, paper or register or to furnish information under this section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code.

1. (1) Subject to any conditions or restrictions that may be prescribed, the Director of Consolidation Deputy Director of Consolidation Sett1emcnt Officer Consolidation, Consolidation Officer, or Assistant, Consolidation Officer may, by written order require any person to produce such documents papers and registers or to furnish such information as .he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.
2. (2) Every person required to produce any document, paper or register or to furnish information under this section shall be deemed legally bound to do so within the meaning of sections 175 and 176 of the Indian Penal Code. Proceedings before Director of Consolidation, Deputy Director of Consolidation, Settlement Officer Consolidation, Consolidation Officer and Assistant Consolidation Officer to be judicial Proceedings

26.A (a) The consolidation authorities shall be conferred powers of the Magistrate according the powers vested under section 1 to 11 of the CrPC.

1. (b) Challenge of order of the cheating- If any order were made passed with cheating by a party of any considerable suit or proceedings or any consolidation court than such order may be challenge in this ground that the order is get by cheating to the aforesaid court or party but no believe may be made on the review of the cheating on the basic of presumption, for proof of the cheating the party shall essentially produce relevant evidence.
2. (c) Self right to void consolidation court passed order on the basic of cheating or fraudantly- If any person were get order from the court with cheating or fradently then on the knowledge of actual facts the court selfly or by the request of the any aggrieved person. In such matters the consolidation authority may be exercise powers invested under section 151 of the Civil Procedure Code, 1908. No time limit is fixed for proceeding of any request letter for void of orders to be passed with the cheating.

Unless otherwise expressly provided by or under this Act, the provisions of Chapters IX and X of the U. P. Land Revenue Act, 1901, shall apply to all proceeding including appeals and applications under this Act.

Application of U. P. Land Revenue Act, 1901

Affidavits 27-A Affidavits to be filed in any proceedings under this Act, including an appeal or revision shall be made in the same manner arid conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908 and may be verified by any officer or other person appointed by the High Court under, clause (b) or by an officer appointed by any other court under clause (c) of section 139 of the said Code.

1. (1) The State Government may appoint such authorities and officers, and for such areas as may be necessary to give effect to provisions of the Act.
2. (2) The District Deputy Director of Consolidation may, subject to such directions as the director of Consolidation may, issue from time to time demarcate the circles to be assigned to Consolidation Lekhpals, Consolidators and other authorities appointed for the district under sub-section (1). Correction of clerical arithmetical error 28-A Notwithstanding anything contained in any law for the time being in force if the Consolidation Officer or the Settlement Officer, Consolidation is satisfied that a clerical or arithmetical error apparent an the face of the record exists in any document prepared under any provision of, this Act, he shall, either on his awn motion or on the, application of any person interested, correct the same. Delegation 29. The State Government may by notification in the official Gazette and subject to such restrictions and conditions as may, be specified in the notification:-
   • (i) delegate to any officer or authority any of the power conferred upon it by this Act ; and
   • (ii) confer power of the Director of Consolidation, Deputy Director, Consolidation; the Settlement Officer, Consolidation and the Consolidation Officer under this Act or the rules made thereunder on any officer or authority. Powers of subordinate authority to be exercised, by a superior authority Powers of officers to enter upon land for purposes of survey and demarcation Penalty for contravening provisions of section 5 29-A Where powers ate to be exercised or duties to be performed under this Act of the rules made thereunder such powers or duties may also be exercised or performed by an authority superior to it.

30-A (1) Any person contravening the provisions of section 4 (b) shall, a conviction by a court of competent jurisdiction, be liable, to a fine not exceeding rupees one thousand.

1. (2) A transfer made in contravention of the provisions of section 4 (b) shall not be valid or recognized, anything contained in any other Jaw for the time being to in force to, the contrary notwithstanding. Penalty for destruction, injury or removal of survey or boundary marks Appeal etc. to be allowed by the Act

1. (1) If any person destroys willfully or injures or removes without law-full authority a survey or boundary mark lawfully erected, he may be ordered by a consolidation officer to pay such compensation not exceeding one thousand 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. (2) The order for the payment of compensation under sub-section (1), shall not bar a prosecution under section 434 of the Indian Penal Code.

33. (1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any sub-ordinate authority for the purpose of satisfying himself as to the regularity of the proceedings, or as to the correctness, legality or propriety of any order other than an interlocutory order passed by such authority in the case or proceedings and may after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.

1. (2) Power under sub-section (1) may be exercised by the Director of Special provisions with respect to evacuee property Consolidation also on a reference under sub-section (3).
2. (3) Any authority subordinate-to the Director of Consolidation may after allowing the parties concerned an opportunity of being heard, refer, the record of any case or proceedings to the Director of Consolidation for action under sub-section (1). Explanation (1)- For, the purposes of this section, Settlement Officers Consolidation, Consolidation Officers, Assistant Consolidation Officers, Consolidators and Consolidation Lekhpals shall be subordinate to the Director of Consolidation. Explanation (2)- For the purposes of this section the expression interlocutory order in relation to a case or proceeding, means such order deciding any matter arising in such case or proceedings or collateral thereto as does not, have the effect of finally disposing of such case or proceeding. Explanation (3)- Any decision in the write of purity, legality or interpretation of any order under this section whether by recorded facts by the subordinate authority or by legality and also be include review of any voice or recorded evidence. 33-A (1) Notwithstanding anything contained in the foregoing provisions of this Act:-
   • (a) no decision of the Custodian (Evacuee Property thereinafter in this section referred to as the Custodian) in relation to title to any land vested in him as evacuee property under the provisions of the Administration of Evacuee property Act, 1950, shall be called in question and varied or reversed by any officer or authority under this act: and
   • (b) nothing in this Act, shall be construed as requiring the Custodian to stay any proceedings in relation to title to any such land pending before him on the date of the coming into force of those provisions of this Act under which proceedings in relation to title to land are required to be stayed or as empowering the consolidation officer or any other officer or authority to refer for determination of any question of title in relation to such land involved in any proceedings pending before the custodian on such date.
3. (2) Where as a result of consolidation operations in any village-
   • (a) lands, which are vested as evacuee property in the Custodian under the provisions of, the Administration of Evacuee Property Act, 1950, are included in holdings which are not vested in the Custodian as evacuee property, such land shall. on and from the date, of the coming into force of the consolidation scheme cease to be so vested in the Custodian, and the provision of the said Act shall thereupon cease to apply in relation thereto; and
   • (b) in lieu of such lands, corresponding lands shall be included in holdings which are vested in the Custodian as evacuee property, and such lands shall, on and from the date of the coming into force of the consolidation scheme, be deemed to be evacuee property declared as such within the meaning of die aforesaid Act and be vested in the Custodian and the provision of the said Act shall thereupon apply, so far as may be, in relation to such lands. Exchange of possession 33-B (1) Where change of possession becomes' necessary amongst tenure-holders including the Land Management Committee of the circle as a result of orders passed under section 33, it shall be lawful for them to exchange possession amongst themselves in, accordance with such orders.
4. (2) Where change of possession cannot be effected by mutual arrangement, the Assistant Consolidation Officer shall affect delivery of possession to such tenure-holders and the Land Management Committee in accordance with the provisions of section 19. Bar to civil jurisdiction Protection of action taken under this Act or rules made thereunder Exemption from court-fee Instrument not necessary to effect transfer

1. (1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any sub-ordinate authority for the purpose of satisfying himself as to the regularity of the proceedings,

or as to the correctness, legality or propriety of any order other than an

interlocutory order passed by such authority in the case or proceedings and may after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.

1. (2) Power under sub-section (1) may be exercised by the Director of Consolidation also on a reference under sub-section (3).
2. (3) Any authority subordinate-to the Director of Consolidation may after allowing the parties concerned an opportunity of being heard, refer, the record of any case or proceedings to the Director of Consolidation for action under sub-section (1). Explanation (1)- For, the purposes of this section, Settlement Officers Consolidation, Consolidation Officers, Assistant Consolidation Officers, Consolidators and Consolidation Lekhpals shall be subordinate to the Director of Consolidation. Explanation (2)- For the purposes of this section the expression interlocutory order in relation to a case or proceeding, means such order deciding any matter arising in such case or proceedings or collateral thereto as does not, have the effect of finally disposing of

such case or proceeding.

Explanation (3)- Any decision in the write of purity, legality or interpretation of any order under this section whether by recorded facts by the subordinate authority or by legality and also be include review of any voice or recorded evidence. Special provisions with respect to evacuee property 33-A

1. (1) Notwithstanding anything contained in the foregoing provisions of this Act:-
   • (a) no decision of the Custodian (Evacuee Property thereinafter in this section referred to as the Custodian) in relation to title to any land vested in him as evacuee property under the provisions of the Administration of Evacuee property Act, 1950, shall be called in question and varied or reversed by any officer or authority under this act: and
   • (b) nothing in this Act, shall be construed as requiring the Custodian to stay any proceedings in relation to title to any such land pending before him on the date of the coming into force of those provisions of this Act under which proceedings in relation to title to land are required to be stayed or as empowering the consolidation officer or any other officer or authority to refer for determination of any question of title in relation to such land involved in any proceedings pending before the custodian on such date.
2. (2) Where as a result of consolidation operations in any village-
   • (a) lands, which are vested as evacuee property in the Custodian under the provisions of, the Administration of Evacuee Property Act, 1950, are included in holdings which are not vested in the Custodian as evacuee property, such land shall. on and from the date, of the coming into force of the consolidation scheme cease to be so vested in the Custodian, and the provision of the said Act shall thereupon cease to apply in relation thereto; and
   • (b) in lieu of such lands, corresponding lands shall be included in holdings which are vested in the Custodian as evacuee property, and such lands shall, on and from the date of the coming into force of the consolidation scheme, be deemed to be evacuee property declared as such within the meaning of die aforesaid Act and be vested in the Custodian and the provision of the said Act shall thereupon apply, so far as may be, in relation to such lands. Exchange of possession 33-B
3. (1) Where change of possession becomes' necessary amongst tenure-holders including the Land Management Committee of the circle as a result of orders passed under section 33, it shall be lawful for them to exchange possession amongst themselves in, accordance with such orders.
4. (2) Where change of possession cannot be effected by mutual arrangement, the Assistant Consolidation Officer shall affect delivery of possession to such tenure-holders and the Land Management Committee in accordance with the provisions of section 19. Bar to civil jurisdiction

Provided that nothing in this section shall preclude the Assistant Collector from initiating proceedings under section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 in respect of any land possession over which has been delivered or deemed to be delivered to a Gaon Sabha under or in accordance with the provisions of this Act.

34-A No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder.

No court-fee shall be payable on any application made or any document filed, with the exception of a Vakalatnama, in any suit or proceedings under the provisions of this Act.

Close of consolidation operations

1. (1) As soon as may be after fresh maps and records have been prepared under sub-section (1) of section 18, the State Government shall issue a notification in the official Gazette that the consolidation operations have been closed in the unit and the village or villages forming part of the unit shall then cease to be under consolidation operations; Provided that the issue of the notification under this section shall not affect the powers of the State Government to fix distribute and recover the cost of operations under this Act.
2. (2) The notification issued under sub-section (1) shall be published also in a daily newspaper having circulation in the area and in such other manner as may be considered proper.
3. (3) Notwithstanding anything contained in sub-section (1), any order passed by a court of competent jurisdiction in cases of writs filed under the provisions of the Constitution of India, or in cases for proceedings pending under this Act on the date of issue of the notification under sub-section (1), shall be given effect to by such, authorities as may be prescribed and the consolidation operations shall, for that purpose be deemed to have not closed.
4. (4) Where the allotment or lease of any land, made before the consolidation scheme becomes final under section 16, is cancelled by an order tinder sub-section (4), of section 198 of the Uttar Pradesh Zamindari abolition arid Land Reforms Act, 1950 and such order becomes final then notwithstanding anything contained in the provision of this Act, such order shall be given effect to by such authorities, as may be prescribed in the following manner, and the consolidation operation shall for that purpose, be deemed to nave not closed; namely-
   • (a) the value of the land which was the subject matter of such allotment or lease shall first be ascertained in the manner prescribed ;
   • (b) the value referred to in clause (a), shall be deducted from the total value of land allotted to the tenure-holder concerned during consolidation, proceedings;
   • (c) the tenure-holder shall be entitled during consolidation proceeding to land equivalent in valuation of the said land. 37-A (1) In the case of a unit in relation to which a notification under sub-section (1) of section 37 has been issued before the commencement of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 2015 the Collector may, if he is of opinion that there exists no provision or inadequate provision of chak roads of chak guls in the unit, and shall if a representation in that behalf by not less than ten per cent of the total number of tenure holders is made to him within six months of the said commencement proceed to take action under sub-section (2), anything to the contrary contained in section 37 notwithstanding.
5. (2) The Collector shall cause a notice of the proposal to take action under this section and also of the representation, if any, received under subsection (1) to be given in the unit by beat of drum and in such other manner, if any, as he thinks fit and direct any Consolidation Officer to inspect the locality and take reasonable steps to ascertain the wishes of the tenure-holders or as the case may be of such of them as have not joined in the representation, and to make such other inquiry into the matter as he thinks fit.
6. (3) Such Consolidation Officer shall make a report to the Collector on the advisability or otherwise of drawing up a plan making provision or as the case may he, more adequate provision, for chak roads or chak guls in the unit, and the Collector on being satisfied after considering such report that it is necessary or expedient so to do, shall cause a draft plan to be prepared.
7. (4) The Assistant Consolidation Officer shall thereupon, after ascertaining informally the wishes of as many tenure-holder a of the unit as he considers practicable, prepare a draft plan in the prescribed form proposing such provision or additional provision of chak roads or chak guls, as may be necessary. In preparing the draft plan the Assistant Consolidation Officer shall have regard to the following principles, namely-
   • (a) that as far as practicable, provision of chak roads and chak guls should be made primarily by utilising land vested in the Gaon Sabha and secondarily out of land held by those tenure holders whose chaks are connected with the proposed chak roads or chak guls and in the last resort, out of any other land:
   • (b) there arrangement of chak should be made only to the extent it is really necessary for making provision of chaks roads and chalk guls with minimum possible, dislocation in, the consolidation scheme already confirmed.
8. (5) The draft plan prepared under sub-section (4) shall be published in the prescribed manner.
9. (6) Any person affected by the draft plan may within 15 days from the date of such publication file an objection in writing before the Consolidation Officer.
10. (7) (a) The Consolidation Officer shall dispose of all objections after notice to the parties concerned:
    • (b) Any person aggrieved by the order of the Consolidation Officer under clause (a) may Within 15 days from the date of the order, file an appeal before the Settlement Officer, Consolidation, whose decision thereon shall be final.
    • (c) Before deciding the objections under clause (a), the Mutal exchange of chaks between tenureholders Recognition of consolidation scheme prepared by tenure-holders Consolidation Officer, and before deciding the appeal under clause (b), the Settlement Officer, Consolidation, may make a local inspection of the site in dispute after notice to the parties concerned.
    • (d) It shall be 1awful, for reasons to, be recorded in writing, for the Consolidation Officer under clause (a) and the Settlement Officer, Consolidation under clause (b) to modify the draft plan in the settlement with the principles specified in sub-section (4) and for the Settlement Officer, Consolidation, to remand the same either to the Consolidation Officer or to the Assistant Consolidation Officer with such directions as he thinks fit.
11. (8) The Settlement Officer, Consolidation, shall confirm the plan-
    • (a) if no objections are filed within the time specified in sub-section (6); or
    • (b) where such objections are filed, after the modifications or alternations as may be necessary in view of the orders passed oil objections and appeal under sub-section (7).
12. (9) The plan confirmed under sub-section (8) shall be published in the unit in the prescribed manner and shall come into force on the date of such publication, and thereupon the consolidation scheme and the allotment orders made final under section 16 shall stand amended to the extent indicated in the plan, and fresh allotment orders shall be issued by the Settlement Officer, Consolidation accordingly.
13. (10) The provisions of Chapter IV shall mutatis mutandis apply in relation to the said plan as they apply in relation to the final, consolidation scheme, and for the purposes of application of Chapter IV land contributed for chak roads and chak guls provided under this section shall be deemed to be land contributed for public purposes under section 8.

38-A (1) The Deputy Director of Consolidation may recognize a consolidation scheme in respect of a village within or without a consolidation area, prepared voluntarily by the tenure-holders of the village, where he is satisfied that it conforms to the broad principles of consolidation under this Act, and has support of all the tenure-holders concerned and is of her wise fair to all concerned.

1. (2) The consolidation scheme recognized under sub-section (1) shall be deemed to have been prepared and confirm under the provisions of this Act and shall be enforced thereunder. Limitation 38-B The provision of section 5 of the Limitation Act, 1963 shall apply to the application, appeals, revisions and other proceedings under this Act or the rules made thereunder.

1. (1) The State Government may by notification in the Gazette make rules for the purposes of carrying into effect the provisions of this Act.
2. (2) Without prejudice to the generality of foregoing power, such he may provide for :-
   • (a) the form of notification under sub-section (2) of section 3 ;
   • (b) the constitution of consolidation committee under clause (d) of section 2, determination of the terms of members of the Consolidation Committee and action to be taken on a vacancy occurring therein;
   • (c) the procedure for the disposal of suits and proceedings stayed under sub –section (2) of section 3 ;
   • (d) the condition to be observed by the Settlement Officer (Consolidation) in granting permission referred to in clause (c) of subsection (1) of section 3, for transfer of holdings of in the consolidation area;
   • (e) procedure relating to the revision of maps and records including declaration of rights, partition of joint-holdings, valuation of plots, determination and apportionment of compensation for wells, trees and other Improvements and the preparation and publication of the statement of principles under sections 7 to 11 and 12 ;
   • (f) the determination of land revenue over new holdings and distribution thereof on the portions of old holdings under section 12-A ;
   • (g) procedure relating to amalgamation of holding under section 12-B ;
   • (g) the procedure and the manner relating to the preparation publication and confirmation of the. consolidation scheme under sections 13-A, 14 and 16;
     • (i) the procedure and the manner of issue of allotment orders under section 16;
   • (j) title procedure and the manner in which the views of the Consolidation Committee shall be obtained on matters specified for this purpose ;
   • (k) the determination of the public purposes for which areas may be earmarked and the manner in which this shall be done ;
   • (l) the matters relating to transfer of rights from the public land to other land earmarked for public purposes;
   • (m) the procedure for entering into possession under sections 17 and 19;
   • (n) the procedure and the manner for determination of compensation to be paid to or recovered from any person under this Act;
   • (o) the circumstances and the matters which shall be taken into consideration in distributing the cost of consolidation. including the proportion in which the distribution may be made;
   • (p) the matters relating to the mode of service of notice or documents under this Act ;
   • (q) the procedure to be followed in all proceedings including applications and appeals under this Act ;
   • (r) the duties of any officer, or authority having jurisdiction under this Act and the procedure to be followed by such officer and authority;
   • (s) the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf has been made herein;
   • (t) imposing limits of time within which things to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed;
   • (u) the transfer of proceedings from one authority or officer to another; and
     • (v) any other matter which is to be or may be prescribed.
3. (3) All rules made under this section shall, as soon as may, after they are made, be laid before each House of the State Legislature, while it is in session, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modification or annulments as the two Houses of the Legislature may, during the said period agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. ----------