Vidhi Codex

section 37

Special provisions for Chak Roads and Chak Guls

Uttarakhand Consolidation of Holdings Act, 2016
General201533 of 34 sections available4 chapters
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Chapter V Miscellaneous

Statutory text
  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.

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