Sec 13 to 23 Chapter III (Preparation Of Consolidation Scheme)U.P Consolidation of Holdings Act, 1953

13. [Deleted by U.P. Act No. 8 of 1963].

13-A. [Deleted by U.P. Act No. 8 of 1963].

13-B. [Deleted by U.P. Act No. 8 of 1963].

13-C. [Deleted by U.P. Act No. 8 of 1963].

13-D. [Deleted by U.P. Act No. 8 of 1963].

14. [Deleted by U.P. Act No. 8 of 1963].

15. [Deleted by U.P.( Amendment) Act No. 38 of 1958].

16. [Deleted by U.P. Act No. 8 of 1963].

16-A. [Deleted by U.P.( Amendment) Act No. 38 of 1958].

16-B. [Deleted by U.P.( Amendment) Act No. 38 of 1958].

17. [Deleted by U.P. Act No. 8 of 1963].

18. [Deleted by U.P. Act No. 8 of 1963].

19. Conditions to be fulfilled by a Consolidation Scheme. -

(1) A Consolidation Scheme shall fulfil the following conditions, namely, -

(a) the rights and liabilities of a tenure-holders, as recorded in the annual register prepared under Section 10 are, subject to the deductions, if any, made on account of contributions to public purposes under this Act, secured in the lands allotted to him;

(b) the valuation of plots allotted to a tenure-holder, subject to deductions, if any, made on account of contributions to public purposes under this Act, is equal to the valuation of plots originally held by him : Provided that, except with the permission of the Director of Consolidation, the area of the holding or holdings allotted to a tenure-holder shall not differ from the area of his original holding or holdings by more than twenty- five per cent of the later;

(c) the compensation determined under the provisions of this Act, or the rules framed thereunder, is awarded -

(1) to the tenure-holder -

(i) for trees, wells and other improvements, originally held by him and allotted to another tenure-holder; and

(ii) for land contributed by him for public purposes; (2) to the Gram Sabha, or any other local authority, as the case may be, for development, if any, effected by it in or over land belonging to it and allotted to a tenure holder;

(d) the principles laid down in the Statement of Principles are followed;

(e) every tenure-holder is, as far as possible, allotted a compact area at the place where he holds the largest part of his holding :

Provided that no tenure-holder may be allotted more chaks than three, except with the approval in writing of the Deputy Director of Consolidation :

Provided further that no consolidation made shall be invalid for the reason merely that the number of chaks allotted to a tenure-holder exceeds three;

(f) every tenure-holder is, as far as possible, allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots, originally held by him there; and

(g) every tenure-holder is, as far as possible, allotted chaks in conformity with the process of rectangulation in rectangulation units.

(2) A Consolidation Scheme before it is made final under Section 23, shall be provisionally drawn up in accordance with the provisions of Section 19-A].

19-A. Preparation of provisional Consolidation Scheme by the Assistant Consolidation Officer. -

(1) The Assistant Consolidation Office shall in consultation with the Consolidation Committee, prepare in the form prescribed a provisional Consolidation Scheme for the unit.

(2) Notwithstanding anything contained in this Act, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), or any other law for the time being in force, it shall be lawful for the Assistant Consolidation Officer where in his opinion it is necessary or expedient so to do, to allot a tenure-holder, after determining its valuation, 70[any land belonging to the State Government, or] any land vested in the Gaon Sabha, or any other local authority, as a result of notification issued under Section 117 or 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951):

Provided that where any such land is used for a public purpose, it shall be allotted only after the Assistant Consolidation Officer has declared in writing that it is proposed to 18 transfer the rights of the public as well as of all individuals in or over that land to any other land specified in the declaration and earmarked for that purpose in the provisional Consolidation Scheme].

[20. Publication of the provisional Consolidation Scheme and receipt of objections thereon. -

(1) Upon the preparation of the Provisional Consolidation Scheme, the Assistant Consolidation Officer shall send, or cause to be sent, to the tenure-holders concerned and persons interested, notice containing relevant extracts therefrom. The provisional Consolidation Scheme shall, thereafter, be published in the unit.

(2) Subject to the provisions contained in Section 11-A, any person to whom notice has been sent under sub-section (1), and any other person affected by the provisional Consolidation Scheme, disputing the propriety or correctness of the entries in the Provisional Consolidation Scheme, or in the extracts furnished therefrom, may, within fifteen days of the receipt of the notice, or of the date of the publication of the provisional Consolidation Scheme, as the case may be, file an objection before the Assistant Consolidation Officer or the Consolidation Officer.

(3) Any person affected, or any person having any interest or right, in addition to the right of public highway, in or over any public land, or having other interest or right which is substantially prejudiced by the declaration made under sub-section (2) of Section 19 A, may within fifteen days after the publication of the provisional Consolidation Scheme, file an objection before the Assistant Consolidation Officer or the Consolidation Officer stating the nature of such interest or right].

21. Disposal of objection on the statement. -

[(1) All objections received by the Assistant Consolidation Officer shall, as soon as may be, after the expiry of the period of limitation prescribed therefor, be submitted by him to the Consolidation Officer, who shall dispose of the same as also the objections received by him, in the manner hereinafter provided after notice to the parties concerned and the Consolidation Committee].

(2) Any person, aggrieved by the order of the Consolidation Officer under sub-section (1) may, within 73[15] days of the date of the order, file an appeal before the Settlement Officer, Consolidation, whose decision shall, except as otherwise provided by or under this Act, be final.

[(3) Disposal of objections to the provisional Consolidation Scheme. - The Consolidation Officer shall, before deciding the objections, and the Settlement Officer, Consolidation, may, before deciding an appeal make local inspection of the plots in dispute after notice to the parties concerned and the Consolidation Committee.

(4) If, during the course of the disposal of an objection or the hearing of an appeal, the Consolidation Officer or the Settlement Officer, Consolidation, as the case may be, is of the opinion that material injustice is likely to be caused to a number of tenure-holders in giving effect to the provisional Consolidation Scheme, as prepared by the Assistant Consolidation Officer, or as subsequently modified by the Consolidation Officer, as the case may be, and that a fair and proper allotment of land to the tenure-holders of the units is not possible without revising the provisional Consolidation Scheme, or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing for -

(i) the Consolidation Officer to revise the provisional Consolidation Scheme, after giving opportunity of being heard to the tenure- holders concerned, or to remand the same to the Assistant Consolidation Officer, with such directions as the Consolidation Officer, may consider necessary; and

(ii) the Settlement Officer, Consolidation, to revise the provisional Consolidation Scheme, after giving opportunity of being heard to the tenure-holders concerned or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer, as the Settlement Officer, Consolidation, may think fit, with such directions as he may consider necessary].

(5) [Deleted by Section 22 of U.P. Act No. 8 of 1963].

(6) [Deleted by Section 22 of U.P. Act No. 8 of 1963].

22. [Deleted by Section 23 of U.P. Act No. 8 of 1963]. 20

[23. Confirmation of the provisional Consolidation Scheme and the issue of the allotment orders. -

(1) The Settlement Officer, Consolidation shall confirm the provisional Consolidation Scheme -

(a) if no objections are filed within the time specified in Section 20; or

(b) where such objections are filed, after such modifications or alterations, as may be necessary in view of the orders passed under sub-sections (1) to (4) of Section 21.

(2) The provisional Consolidation Scheme so confirmed shall be published in the unit and, except as otherwise provide by or under this Act, shall be final.

(3) (i) Where the allotment made under Section 19-A are not modified under Section 21 and are confirmed under sub-section (1), the extracts contained in the notice issued under Section 20, shall, 76[ except as provided by or under this Act] be treated as final allotment orders for the tenure-holders concerned.

(ii) In cases not covered by clause (i), revised extract specifying the modified allotments, as confirmed under sub-section (1), shall be issued by -

(a) the Consolidation Officer, where the allotments are not modified by the Settlement Officer, Consolidation; and

(b) by the Settlement Officer, Consolidation, where he has modified the allotments, and the same shall 77[, except as otherwise provided by or under this Act,] shall be the final allotment orders for the tenure-holders concerned].