Sec 4 to 12D Chapter II (Revision And Correction Of Maps And Records)U.P Consolidation of Holdings Act, 1953

4. Declaration and notification regarding consolidation. -

(1)(a) The State Government may, where it is of opinion that a district or part thereof may be brought under consolidation operations, made 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 any 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.]  

[4-A. (1) 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 52, it is expedient in public interest so to do, it may make a declaration by notification in the Gazette that such district or part thereof may again be brought 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].

(2) 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 4].

5. Effect of notification under Section 4(2). -

(1) Upon the publication of the notification 36[under sub-section (2) of Section 4] 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 52 or sub section (1) of Section 6, as the case may be, ensure in the area to which the 37[notification under Sub- Section(2) of Section 4] relates, namely -

(a) the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and duty of maintaining 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) [Deleted by U.P. Act No. 21 of 1966(w.e.f. 29-8-1966)]

(c) notwithstanding anything contained in the U.P. Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), no tenure-holder, except with the permission in writing of the Settlement Officer, Consolidation, previously obtained shall -  

(i) use his holdings or any part thereof for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming; or

(ii) [ Deleted by section 5 of U.P. Act No. 30 of 1991( w.e.f. 19-2-1991)].

Provided that a tenure-holder may continue to use his holding, or any part thereof, for any purpose for which it was in use prior to the date specified in the notification issued 38[under sub-section (2) of Section 4].

[(2) Upon the said publication of the notification under sub-section (2) of Section 4, 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 a notification under sub-section (1) of Section 6 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(U.P. Act No. 1 of 1961) or an uncontested proceeding under Sections 134 to 137 of the U.P. Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), shall not be deemed to be a proceeding in respect of declaration of the right or interest, in any land].

6. Cancellation of 41[notification] under Section 4. -

(1) It shall be lawful for the State Government at any time to cancel the 42[notification] made under Section 4 in respect of the whole or any part of the area specified therein. 43[(2) Where a 44[notification] has been cancelled in respect of any unit under sub section (1), such area shall, subject to the final order relating to the correction of land records, if any, passed on or before the date of such cancellation, cease to be under consolidation operations with effect from the date of the cancellation].

[6-A. Special provision with respect to undisputed succession or transfer. -

(1) After the publication of notification under sub-section (2) of Section 4 or Section 4-A and before the start of the proceeding under Section 8, a case of undisputed succession shall be disposed of by the Consolidator, and a case of undisputed mutation on the basis of 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 8. (2) An order made under sub-section (1) shall not be a bar to an objection under Section 9].

[7. Revision of village map. -

With a view to facilitate the revision of records of each village or part thereof in the unit and subject to the provisions hereinafter contained, the District Deputy Director of Consolidation shall, before 47[the provisional Consolidation Scheme] for a unit is prepared, cause to be revised the village maps of such unit].

OLD LAW 

[8. Revision of the field-book and the current annual register-Determination of valuations and shares in joint holdings. -

(1) Upon the revision of the maps under Section 7, the District Deputy Director of Consolidation shall, subject to the provisions hereinafter 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 plot after taking into consideration 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-holder in joint holdings for the purpose of effecting partition to ensure proper consolidation.

(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 falling in the units as also a statement showing the mistakes 49[undisputed cases of succession] and disputes discovered during the test and verification of the annual register and in the course of the field to field partal ]. 

8-A. Preparation of Statement of Principles. -

(1) The Assistant Consolidation Officer shall, in consultation with the Consolidation Committee, prepare, in respect of each unit under consolidation operations, a statement in the prescribed form (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 area 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 land to be earmarked for public purposes out of land vested in a Gaon Sabha or a Local Authority under Section 117 or Section 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950( U.P. Act No. 1 of 1951)].

(d) the standard plots for each unit.] 52[(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].

[9. Issue of extracts from records and statements and publication of records mentioned in Sections 8 and 8-A and the issue of notices for inviting objections. -

(1) Upon the preparation of the records and the statements mentioned in Sections 8 and 8 A, the Assistant Consolidation Officer shall -

(a) correct the clerical mistakes, if any, and send, or cause to be sent, to the tenure holders concerned and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed showing -

(i) their rights in the liabilities in relation to the land;

(ii) mistakes 54[undisputed cases of succession]and disputes discovered under Section 8 in respect thereof;

(iii) specific shares of individual tenure-holders in joint holdings for the purpose of effecting partitions, where necessary, to ensure proper consolidation;

(iv) valuation of the plots; and

(v) valuation of trees, wells and other improvements for calculating compensation therefor and its apportionment 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. Disposal of Cases relating to claims to land and partition of joint holdings. -

(1) The Assistant Consolidation Officer shall -

(i) where objections in respect of claims to land 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].

(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 therefor, and its apportionment amongst co-owners, if there be 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 in any other law for the time being in force notwithstanding].

[9-B. Disposal of objections on the Statement of principles. -

(1) Where objection 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 its correctness, make local inspection of the unit, after giving due notice to the Consolidation Committee, and may thereafter make such modifications 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].

[9-C. Partition of the joint holdings. -

(1) The Assistant Consolidation Officer, or the Consolidation Officer, may partition joint holdings under Section 9-A, notwithstanding anything to the contrary contained in Section 178 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), or any other law, and may also partition the same suo motu.

(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].

[10. Preparation and maintenance of revised annual registers. -

(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) Where any entry in the annual register, published under sub-section (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

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

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

[11. Appeals. -

(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 under this Act, shall be final and not be questioned in any Court of law.

(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].

[11-A. Bar on objection. -

No question in respect of -

(i) claims to land;

(ii) partition of joint holdings; and 14

(iii) valuation of plots, trees, wells and other improvements, 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, 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].

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

[11-C. In the course of hearing of an objection under Section 9-A or an appeal under Section 11, or in proceedings under Section 48, the Consolidation Officer, the Settlement Officer, Consolidation or the Director of Consolidation, as the case may be, may direct that any land which vests in the State Government or the Gram 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, Gram Sabha, body or authority].

[12. Decision of matters relating to changes and transactions affecting rights or interests recorded in revised records. -

(1) All matters relating to changes and transfers affecting any of the rights or interests 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 52, or under sub-section (1) of Section 6.

(2) The provisions of Sections 7 to 11 shall mutatis mutandis, apply to the hearing and decision of any matter raised under sub-section (1) as if it were a matter raised under the aforesaid sections].

[12-A. Assessment of land revenue on new holdings and distribution of revenue on parts of holdings. -

(1) Notwithstanding anything contained in the U.P. Zamindari 15 Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), 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 of orders passed under 66[* * *] this Act; and

(b) where necessary, also determine the amount of land revenue payable in respect of a portion of the tenure-holder's holding.

(2) In assessing the amount of the land revenue payable under sub-section (1), the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951), and the rules made thereunder shall mutatis mutandis apply].

12-B. [Deleted by Section 16 of Act No. 8 of 1963].

12-C. [Deleted by Section 16 of Act No. 8 of 1963].

[12-D. Amalgamation of holdings. -

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 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].