Chapter I Preliminary and Definition

Uttarakhand Consolidation of Holdings Act, 2016

General201533 of 34 sections available4 chapters

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Statutory text

(1) This Act may be called the Uttrakhand Consolidation of Holdings and Land Reforms Act, 2016.
(2) The extension of this Act shall apply except District Haridwar and Uddham Singh Nagar and except plain area of District Dehradun, Tehri, Pauri, Nainital and Champawat.
(3) This section shall come into force at once and the remainder of the Act shall come into force on such date as the State Government may, by notification in the official Gazette, appoint in this behalf and different dates may be appointed for different parts of Uttrakhand. Definitions 2. In this Act, unless there is anything repugnant in the subject or context-
(1) (a) "State Government" means Government of Uttrakhand;
- (b) "land" means land held or occupied for purposes connected with agriculture, horticulture and animal husbandry (including pisciculture and poultry farming) and includes:
  - (i) the site, being a part of holding of a house or other similar structure; and
  - (ii) trees, wells and other. improvements existing on the plots forming the holding ;
  - (iii) such non-Zamidari abolition land who is in title of such holders and necessary for consolidation scheme.
- (c) "Unit" means village or part thereof, and where the Director of Consolidation so notifies by publication in the official Gazette, two or more villages or parts thereof or which a single scheme of consolidation is to be framed;
- (d) "Holding" means parcel or parcels of land held under one tenure by a tenure-holder singly or jointly with other tenureholders. Explanation- For the purposes of this clause, holding shall not include the following : --
  - (i) land subject to fluvial action and intensive soil erosion;
  - (ii) land mentioned in section 132 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 ;
  - (iii) such compact areas as are normally subject to prolonged water-Jogging;
  - (iv) such other areas as the Operator of Consolidation may declare to be unsuitable for the purpose of consolidation ;
  - (v) such area as after the notification of commencement of Consolidation work identify and notify as commercial area by the Deputy Operator of Consolidation.
(2) (a) "Consolidation" means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact;
- (b) "Consolidation scheme" means the scheme of consolidation in a unit ;
- (c) "Consolidation area" means the area, in respect of which a notification under section 4 has been issued, except such portion thereof to which the provisions of the U, P, Zamidari Abolition and Land Reforms Act, 1950(UP Act no 1 of 1951) or any other Law by which Zamindari System has been abolished do not apply ;
- (d) "Consolidation Committee” means a committee to be constituted in the manner prescribed for the purposes of the Act;
- (e) "Consolidation Records” means maps, registers, shape letters and notices during the proceeding of consolidation or voluntary consolidation who will be also kapt as digital as may possible;
- (f) "Chak" means the parcel of land allotted to a tenure holder on consolidation;
- (g) "Voluntary Consolidation” means such consolidation to be with mutual exchange, gift and donation under different sections of the Act;
(3) (a) "Consolidation Lekhpal" means a person appointed as such by the State Government to perform the duties of a Consolidation Lekhpal under this Act or the rules made there under and shall, in areas under consolidation operations, include a Lekhpal appointed under the U. P. Land Revenue Act, 1901 ; (b)"Consolidator” means a person appointed as such by the State Government to exercise the powers and perform the duties of a consolidator under the Act or the rules made thereunder, and shall include a Rectangulator and also, in areas under consolidation operations, the Supervisor Kanungo appointed under the U. P. band Revenue Act, 1901 for that area ;
- (c) "Assistant Consolidation Officer" means a person appointed as such by the State Government to exercise the powers and perform the duties of an Assistant Consolidation Officer under this Act or the rules made thereunder and shall include an Assistant Rectangulation Officer;
- (d) "Consolidation Officer" means a person appointed as such by the State Government to exercise the powers and perform, the duties of a Consolidation Officer under this Act or the rules made thereunder and shall include a Rectangulation Officer;
- (e) "Settlement Officer Consolidation" means a person appointed as such by State Government to exercise the powers and perform the duties of a Settlement Officer, Consolidation under this Act and the rules made thereunder and shall include any Additional Settlement Officer, Consolidation and Assistant Settlement Officer, Consolidation;
- (f) "Deputy Director of Consolidation" means a person appointed as such by the State Government to exercise such powers and perform such duties of the Director of Consolidation as may be delegated to him by the State Government and shall include a District Deputy Director of Consolidation and Assistant Director of Consolidation;
- (g) "District Deputy Director of Consolidation" means a person who is for the time being the Collector of the District;
- (h) "Director of Consolidation" means the person appointed as such by the State Government to exercise the powers and perform the duties of the Director of Consolidation tinder this Act or the rules made thereunder and shall include an additional Director of Consolidation and a Joint Director of Consolidation;
(4) "Prescribed" means prescribed by rules made under this Act;
(5) "Legal representative" has the meaning assigned to it in the Code of Civil Procedure, 1908 ;
(6) "Publication in the unit" or "publish in the unit” with reference to any document means reading out the document in the unit on a date of which prior notice shall be given by beat of drum, and proclamation by beat of drum, or, in any other customary mode, in the unit of the fact that the document is open to public inspection at any appointed place and time; Provided that where a Consolidation Committee has been constituted for the unit each member of the said Committee shall also be individually informed of the fact of publication;
(7) "Rectangulation" means the process of dividing the area of a unit into rectangles and parts of rectangles of convenient size with a view to regulating the allotment of chaks during consolidation;
(8) "Tenure-holder" means a Bhumidhar with transferable rights or Bhumidhar with non-transferable rights and includes :--
- (a) an asami,
- (b) a Government lessee or Government grantee, or
- (c) a co-operative farming society satisfying such conditions as may be prescribed.
(9) “Publication of consolidation of records” means publication of different consolidation records to be promulgate during the consolidation scheme and also include the publication of prepared records on internet as digital;
(10) Words and expressions-
- (a) not defined in this Act but used or defined in the U. P. Land Revenue Act, 1901, or
- (b) not defined in this Act or in the U. P. Land Revenue Act, 1901, but used or defined in the U. P. Zarnindari Abolition Declaration and notification regarding consolidation and Land Reforms Act, 1950; shall have the meanings assigned to them in the Act in which they are so used or defined;
(11) The references to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (UP Act no 1 of 1951) (as applicable to the State of Uttarakhand) and the U. P, Land Revenue Act 1901, (UP Act no 3 of 1901) (as applicable to the State of Uttarakhand) shall be construed as references to the said Acts as amended from time to time.

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