In the revision procedure of records shall be prepared digital maps and records from modern technique and shall be

Uttarakhand Consolidation of Holdings Act, 2016

General201533 of 34 sections available4 chapters

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Chapter II Revision And Correction Of Maps And Records

Statutory text

(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) 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.
(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.
(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.
(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),
(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.
(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.
(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.
(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.
(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.
(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.
(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.

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