Chapter II Revision And Correction Of Maps And Records

consolidation operations, make a declaration to that effect in the Gazette, whereupon it shall become lawful for any officer or authority who may be empowered in this behalf by the District Deputy Director of Consolidation - (i) to enter upon and survey, in connection with rectangulation or otherwise and to take levels of any land in such area ; (ii) to fix pillars in connection with rectangulation; and (iii) to do all acts necessary to ascertain the suitability of the area for consolidation operations; (b) The District Deputy Director of Consolidation shall cause public notice of the declaration issued under clause (a) to be given at convenient places in the said district or part thereof. (2) (a) when the State Government decides to start consolidation operations, either in an area covered by a declaration issued under sub-section (1) or in any other area, it may issue a notification to this effect. (b) every such notification shall be published in the Gazette and in a daily newspaper having circulation in the said area and shall also be published in each unit in the said area in such manner as may be considered appropriate. (3) (a) Where the State Government is of opinion that in the case of a district or part thereof in respect of which a notification has already been issued under section 37, it is expedient in public interest so to do, it may make a declaration by notification in the Gazette that the such district or part thereof may again be brought Effect of notification under section 3(2) under consolidation operation : Provided that no such declaration shall be issued within twenty years from the date of the notification referred to in the said section, but in special circumstances the State Government may, in public interest, issue such declaration after ten years from the said date. (b) The provisions of this Act shall mutatis mutandis apply to every notification issued under sub-section (1) as they apply to a notification under section 3. 4. (1) Upon the publication of the notification under sub-section (2) of section 3 in the official Gazette, the consequences, as hereinafter set forth, shall subject to the provisions of this Act, from the date specified thereunder till the publication of notification under section 37 or sub-section (1) of section 5, as the case may be, ensue in the area to which the notification under sub-section (2) of section 3 relates, namely- (a) the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and the duty of maintain the record-of-rights and preparing the village map the field book and the annual register of each village shall be performed by the District Deputy Director of Consolidation, who shall maintain Or prepare them, as the case may be, in the manner prescribed; (b) notwithstanding anything contained in the U. P. Zamindari Abolition and Land Reforms Act, 1950,(UP Act no. 1 of 1951) no tenure-holder except with the permission in writing of the Settlement Officer, Consolidation, previously obtained shall use his holding or any part thereof for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming ; Provided that a tenure-holder may continue to use his holding, or any part thereof for any purpose far which it was in used prior to the date specified in the notification issued under sub-section (2) of section 3. (2) Upon the said publication of the notification under sub- section (2) of section 3 the following further consequences shall ensue in the area to which the notification relates, namely- (a) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in Cancellation of notification under section 3 Special provisions regarding undisputed succession any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act pending before any court or authority whether of the first instance or of appeal, reference or revision shall on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending, stand abated : Provided that no such order shall be passed without giving to the parties notice by post or in any other manner and after giving them an opportunity of being heard : Provided further that on the issue of the notification under sub-section (1) of section 5, in respect of the said area or part thereof every such order in relation to the land lying in such area or part, as the case may be, shall stand vacated ; (b) such abatement shall be without prejudice to the rights of the persons affected to agitate the right or interest in dispute in the said suits or proceedings before the appropriate consolidation authorities under and in accordance with the provisions of this Act and the rules made thereunder. Explanation- For the purposes of sub-section (2), a proceeding under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (as applicable of the State of Uttrakhand) or an uncontested proceeding under sections 134 to 137 of the U. P.

1. (1) Upon the publication of the notification under sub-section (2) of section 3 in the official Gazette, the consequences, as hereinafter set forth, shall subject to the provisions of this Act, from the date specified thereunder till the publication of notification under section 37 or sub-section (1) of section 5, as the case may be, ensue in the area to which the notification under sub-section (2) of section 3 relates, namely-
   • (a) the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and the duty of maintain the record-of-rights and preparing the village map the field book and the annual register of each village shall be performed by the District Deputy Director of Consolidation, who shall maintain Or prepare them, as the case may be, in the manner prescribed;
   • (b) notwithstanding anything contained in the U. P. Zamindari Abolition and Land Reforms Act, 1950,(UP Act no. 1 of

1951) no tenure-holder except with the permission in writing

of the Settlement Officer, Consolidation, previously obtained shall use his holding or any part thereof for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming ; Provided that a tenure-holder may continue to use his holding, or any part thereof for any purpose far which it was in used prior to the date specified in the notification issued under sub-section (2) of section 3.

1. (2) Upon the said publication of the notification under sub- section (2) of section 3 the following further consequences shall ensue in the area to which the notification relates, namely-
   • (a) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act pending before any court or authority whether of the first instance or of appeal, reference or revision shall on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending, stand abated : Provided that no such order shall be passed without giving to the parties notice by post or in any other manner and after giving them an opportunity of being heard : Provided further that on the issue of the notification under sub-section (1) of section 5, in respect of the said area or part thereof every such order in relation to the land lying in such area or part, as the case may be, shall stand vacated ;
   • (b) such abatement shall be without prejudice to the rights of the persons affected to agitate the right or interest in dispute in the said suits or proceedings before the appropriate consolidation authorities under and in accordance with the provisions of this Act and the rules made thereunder. Explanation- For the purposes of sub-section (2), a proceeding under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 (as applicable of the State of Uttrakhand) or an uncontested proceeding under sections 134 to 137 of the U. P. Zamindari Abolition and Land Reforms Act, 1950, shall not be deemed to be a proceeding in respect of declaration of rights or interest in any land.

Cancellation of

notification under section 3

1. (1) It shall be lawful for the State Government at any time to cancel the notification made under section 3 in respect of the whole or part of the area specified therein.
2. (2) Where a notification has been cancelled in respect of any unit under sub section (1), such area shall subject to the final orders relating to the correction of land records, if any, passed on or before the date of such cancellation, cease to be under consolidation operation with effect from the date of the cancellation. 6 (1) After the publication of notification under sub-section (2) of section 3 or section 4 and before start of the proceeding under section 7, a case of undisputed mutation on the basis of succession shall be disposed of by a Consolidation Officer and on provision regarding section 6 Revision of village map Revision of the field-book and the current annual register, determination of valuations and shares in joint holding the basis of a transfer shall be disposed of by the Assistant Consolidation Officer, in such manner and after making such inquiry as may be prescribed ; Provided that no case shall be entertained, continued or disposed of under this section after start of the proceeding under section 7.
3. (2) An order made under sub-section (1) shall not be a bar to an objection under section 8. 6A After the permission of disposal of transfer under section 6 in case of dispute cancel the order passed by Settlement officer (consolidation) under section 9 shall be restored for disposal.

1. (1) Upon the revision of maps under section 7, the District Deputy Direct or of Consolidation shall, subject to the provisions herein-after contained, and in such manner as may be prescribed, cause to be-
   • (i) revised, the field-book of the unit after field to field partal and the current annual register after its test and verification ;
   • (ii) determined, in consultation with the Consolidation Committee, the valuation of-
   • (a) each plots after taking into consolidation its productivity location and availability of irrigation facilities if any ; and
   • (b) all trees, wells and other improvements existing in the plots for the purpose of calculating compensation therefor ;
     • (iii) ascertained the share of each owner, if there be more owners than one, out of the valuation determined under sub- clause (b) of clause (ii) ; and
     • (iv) determined the shares of individual tenure-holders in joint Preparation of Statement of Principles Issue of extracts from records and statements and publication holdings for the purpose of effecting partition to ensure proper consolidation.
     • (v) during the revision of maps, the differences between total area and records, correctness for corrections shall be shown.
2. (2) The District Deputy Director of Consolidation shall cause to be prepared a "khasra chakbandi" in the form prescribed, in respect of all the plots fallen, in the unit as also a statement showing the mistakes undisputed cases of succession and disputes discovered during the test and verification of the annual register in the course of the field to field partal. 8-A (1) The Assistant Consolidation Officer shall, in consultation with Consolidation Committee, prepare in respect of each unit under consolidation operations, a statement in the prescribed from (hereinafter called the Statement of Principles) setting forth the principles to be followed in carrying out the consolidation operations in the unit.
3. (2) The Statement of Principles shall also contain-
   • (a) details of areas, as far as they can be determined at this stage, to be earmarked 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 for other public purposes; and
   • (c) details of such land to be earmarked for State land and to be appropriate to include consolidation scheme by prior permission of the State.
   • (d) the standard plots for each unit.
4. (3) The standard plots referred to in clause (d) of sub-section (2) shall be determined by the Assistant Consolidation Officer after ascertaining from the members of the Consolidation Committee and the tenure-holders of the units the best plot or plots of the unit, regard being had to productivity, location and the existing soil class of the plot or plots.
5. (4) The Additional principles shall be include in notified area for voluntary consolidation. 9. (1) Upon the preparation of the records and the statements mentioned in section 8 and 8-A, the Assistant Consolidation Officer, shall-
   • (a) correct the clerical mistakes, undisputed cases of succession if of the records mentioned in sections 8 and 8A and the issue of notices for inviting objections Disposal of cases relating to claims to land and partition of joint holdings any, and send or cause to be sent to the tenure-holder concerned and other persons interested, notices containing relevant extracts from the current annual register and such other record as may be prescribed showing-
     • (i) their rights in and liabilities in relation to the land;
     • (ii) mistakes undisputed cases of succession and disputes discovered under section 8 in respect thereof;
     • (iii) specific shares of individual tenure-holder in joint holdings for the purpose of effecting partitions, where necessary, to ensure proper consolidation;
     • (iv) valuations of the plots ; and
     • (v) valuation of trees, wells and other improvements for calculating compensation there or and its Apportionmenty amongst owners, if there be more owners than one;
   • (b) publish in the unit the current Khasra and the current annual register, the Khasra Chakbandi, the Statement of Principles prepared under section 8-A and any other records that may be prescribed to show, inter alia, the particulars referred to in clause (a),
6. (2) Any person to whom a notice under sub-section (1) has been sent, or any other person interested, may, within 21 days of the receipt of notice, or of the publication under sub-section (1), as the case may be, file before the Assistant Consolidation Officer objections in respect thereof disputing the correctness or nature of the entries in the records or in the extracts furnished therefrom, or in the Statement of Principles, or the need for partition. 9-A (1) The Assistant Consolidation Officer shall-
   • (i) where objections in respect of claims to and or partition of joint holdings are filed, after hearing the parties concerned; and
   • (ii) where no objections are filed, after making such enquiry as he may deem necessary, settle the disputes, correct the mistakes and effect partition as far as may be by conciliation between the parties appearing before him and pass orders on the basis of such conciliation; Provided that where the Assistant Consolidation Officer, Disposal of objections on the Statement of Principles after making such enquiry as he may deem necessary, is satisfied that a case of succession is undisputed, he shall dispose of the case on the basis of such enquiry.
7. (2) All cases which are not disposed of by the Assistant Consolidation Officer under sub-section (1), all cases relating to valuation of plots and all cases relating to valuation of trees, wells or other improvements for calculating compensation therefore, and its appointment amongst, co-owners, if there he more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer, who shall dispose of the same in the manner prescribed.
8. (3) The Assistant Consolidation Officer, while acting under sub- section (1) and the Consolidation Officer while acting under sub- section (2), shall be deemed to be a court of Competent jurisdiction anything to the contrary contained any other law for the time being in force notwithstanding. 9-B (1) Where objections have been filed against the Statement of Principles under section 9, the Assistant Consolidation Officer shall after affording opportunity of being heard to the parties concerned and after taking into consideration the views of the Consolidation Committee, submit his report to the Consolidation Officer who shall dispose of the objections in the manner prescribed.
9. (2) Where no objections have been filed against the Statement of Principles within the time provided therefor under section 9, the Consolidation Officer shall, with a view to examining the correctness, make local inspection of the unit, after giving due notice to the Consolidation Committee and may thereafter make such modification or alterations in the Statement of Principles as he may consider necessary.
10. (3) Any person aggrieved by an order of the Consolidation Officer under sub-section (1), or sub-section (2), may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, whose decision except as otherwise provided by or under this Act shall be final.
11. (4) The Consolidation Officer and the Settlement Officer, Consolidation shall before deciding an objection or an appeal, make local inspection of the unit after giving due notice to the parties concerned and the Consolidation Committee. Partition of joint-holdings 9-C (1) The Assistant Consolidation Officer or the Consolidation Officer may partition joint holdings under section 9-A notwithstanding anything to the contrary contained in 178 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or any other law, and may also partition the same suo moto.
12. (2) The partition of joint holdings shall be effected on the basis of shares; Provided that where the tenure-holders concerned agree, it may be effected on the basis of specific plots.

1. (1) Upon the preparation of the records and the statements mentioned in section 8 and 8-A, the Assistant Consolidation Officer, shall-
   • (a) correct the clerical mistakes, undisputed cases of succession if of the records mentioned in sections 8 and 8- A and the issue of notices for inviting objections any, and send or cause to be sent to the tenure-holder concerned and other persons interested, notices containing relevant extracts from the current annual register and such other record as may be prescribed showing-
     • (i) their rights in and liabilities in relation to the land;
     • (ii) mistakes undisputed cases of succession and disputes discovered under section 8 in respect thereof;
     • (iii) specific shares of individual tenure-holder in joint holdings for the purpose of effecting partitions, where necessary, to ensure proper consolidation;
     • (iv) valuations of the plots ; and
     • (v) valuation of trees, wells and other improvements for calculating compensation there or and its Apportionmenty amongst owners, if there be more owners than one;
   • (b) publish in the unit the current Khasra and the current annual register, the Khasra Chakbandi, the Statement of Principles prepared under section 8-A and any other records that may be prescribed to show, inter alia, the particulars referred to in clause (a),
2. (2) Any person to whom a notice under sub-section (1) has been sent, or any other person interested, may, within 21 days of the receipt of notice, or of the publication under sub-section (1), as the case may be, file before the Assistant Consolidation Officer objections in respect thereof disputing the correctness or nature of the entries in the records or in the extracts furnished therefrom, or in the Statement of Principles, or the need for partition. Disposal of cases relating to claims to land and partition of joint holdings 9-A
3. (1) The Assistant Consolidation Officer shall-
   • (i) where objections in respect of claims to and or partition of joint holdings are filed, after hearing the parties concerned; and
   • (ii) where no objections are filed, after making such enquiry as he may deem necessary, settle the disputes, correct the mistakes and effect

partition as far as may be by conciliation between the parties

appearing before him and pass orders on the basis of such conciliation; Provided that where the Assistant Consolidation Officer, after making such enquiry as he may deem necessary, is satisfied that a case of succession is undisputed, he shall dispose of the case on the basis of such enquiry.

1. (2) All cases which are not disposed of by the Assistant Consolidation Officer under sub-section (1), all cases relating to valuation of plots and all cases relating to valuation of trees, wells or other improvements for calculating compensation therefore, and its appointment amongst, co-owners, if there he more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer, who shall dispose of the same in the manner prescribed.
2. (3) The Assistant Consolidation Officer, while acting under sub- section (1) and the Consolidation Officer while acting under sub- section (2), shall be deemed to be a court of Competent jurisdiction anything to the contrary contained any other law for the time being in force notwithstanding. Disposal of objections on the Statement of Principles 9-B
3. (1) Where objections have been filed against the Statement of

Principles under section 9, the Assistant Consolidation Officer

shall after affording opportunity of being heard to the parties concerned and after taking into consideration the views of the Consolidation Committee, submit his report to the Consolidation Officer who shall dispose of the objections in the manner prescribed.

1. (2) Where no objections have been filed against the Statement of Principles within the time provided therefor under section 9, the Consolidation Officer shall, with a view to examining the correctness, make local inspection of the unit, after giving due notice to the Consolidation Committee and may thereafter make

such modification or alterations in the Statement of Principles as

he may consider necessary.

1. (3) Any person aggrieved by an order of the Consolidation Officer under sub-section (1), or sub-section (2), may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, whose decision except as otherwise provided by or under this Act shall be final.
2. (4) The Consolidation Officer and the Settlement Officer, Consolidation shall before deciding an objection or an appeal, make local inspection of the unit after giving due notice to the parties concerned and the Consolidation Committee. Partition of joint-holdings 9-C
3. (1) The Assistant Consolidation Officer or the Consolidation Officer may partition joint holdings under section 9-A notwithstanding anything to the contrary contained in 178 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or any other law, and may also partition the same suo moto.
4. (2) The partition of joint holdings shall be effected on the basis of shares; Provided that where the tenure-holders concerned agree, it may be effected on the basis of specific plots. Preparation and maintenance of revised Annual Registers

1. (1) The Annual Register shall be revised on the basis of the orders passed under sub-section (1) and sub-section (2) of section 9-A. It shall thereafter be prepared in the form prescribed and published in the unit.
2. (2) Where any entry in the annual register, published under subsection (1), is modified in pursuance of an order passed under this Act or under any other law, a reference to the order along with an extract of its operative portion shall be noted against the said entry. Appeals 11. (1) Any party to the proceedings under section 9-A, aggrieved by an order of the Assistant Consolidation Officer or the Consolidation Officer under that section, may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, who shall, after affording opportunity of being heard to the parties concerned, give his decision thereon which, except as otherwise provided by or order under this Act, shall be final and not be questioned in any court of law.
3. (2) The Settlement Officer, Consolidation, hearing an appeal under sub-section (1) shall be deemed to be a court of competent jurisdiction, anything to the contrary contained in any law for the time being in force notwithstanding. Bar on objections 11-A No question in respect of relating to the consolidation area which has been raised under section 9 or which might or ought to have been raised under that section, but has not been so raised shall be raised or heard at any subsequent stage of the consolidation proceedings :--
   • (i) claims to land,
   • (ii) partition of joint-holdings, and
   • (iii) valuation of plots, trees, wells and other improve merits, where the question is sought to be raised by a tenure-holder of the plot or the owner of the tree, well or other improvements recorded in the annual register under section 10. 11-B In course of hearing of an objection under section 9-A or an appeal under section 11 or in proceedings, under section 33, the Consolidation Officer, the Settlement Officer (Consolidation) or the Director of consolidation, as the case may he, may direct that any land which vests in the State Government or the Gaon Sabha or any other local body or authority may be recorded in its name, even though no objection, appeal or revision has been filed by such Government, Gaon Sabha, body or authority. Decision of matters relating to changes and transactions affecting rights or interests recorded in revised records Assessment of land revenue on new holdings and distribution of, revenue on parts of holdings

1. (1) All matters relating to changes and transfers affecting any of the rights or interest recorded in the revised records published under sub-section (1) of section 10 for which a cause of action had not arisen when proceedings under sections 7 to 9 were started or were in progress may be raised before the Assistant Consolidation Officer as and when they arise, but not later than the date of notification under section 37, or under sub-section (1) of section 5.
2. (2) The provisions of sections 7 to 11 shall, mutatis mutandis, apply to the hearing and decision of' any matter raised under subsection (1) as if it were a matter raised under the aforesaid section. 12-A (1) Notwithstanding anything contained in U. P. Zamindari Abolition and Land Reforms Act, 1950, the Settlement, Officer, Consolidation, may subject to the, rules made in this behalf(a) determine the amount of land revenue payable by a tenure- holder on land on which he acquires rights as a result or orders under this Act, and
   • (b) where necessary, also determine the amount of land revenue payable in respect of a portion of the tenure-holders holding .
3. (2) In assessing the amount of land revenue payable under sub-section (1), the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950 and the rules made thereunder shall mutatis mutandis apply. 12-B Two or more tenure-holders may at any time before the publication of the revised annual register under sub-section (1) of section 10, apply to the Consolidation Officer to amalgamate their Consolidations to be fulfilled by a consolidation scheme holdings of like tenure on such terms as may be agreed upon between them. The Consolidation Officer may, if the proposed amalgamation is in the interest of consolidation give effect to the same.