Appendice, 1954

Text

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N OF HOLDINGS (I'HIRD ) (11१, 1956 (PHIR [व Luglish texty of the Uttar Pradesh 1 Ghalbandi (Tritiya Sanshodhan) AN Adhiniyam, 1956] ACT mend the U. P. Consolidatio [o a A cerlain fn n of Holdings Act, 1953, for irhoses WHEREAS it is expedient (0 amend the U, P, Consolida- tion of Holdings Act, 1953, for the purposes hereinafter appear- ing;

पा is hereby enacted in th of India as follows :

¢ Sixth Year of the Republic

1. (1) This Act may be called the U. P. Consolidation of Holdings (Amendment) Act, 1956.

2 It shall come into force at once.

2 ना, thelaiuation anden danse (2) of section 3 of the U. P, Consolidation ol Holdings Act, 1955 (hereinafter referred to as the Principal Act), alter sub-clause ही the {ollow- ing shall be added as a new sub-clause (iii) :

“(iif) land mentioned i Zamindari Abolitior 1950, but not being 5, For the existing section following shall be substituted :

n section 132 of the U. P.

1 and Land Reforms Act, pasture land.” 5 ol the Principal Act, the "हु. When the declaration under section 4 has been published in the Gazetle, the consequences as hereinalter set forth thereunder till the | shall, from the date specified sublication of the notification under section 52 in the official Gazette to the cffect that the consolidation operations have been R o *For Statement of Objects and Reasons, please sce Uttar Pradesh Gazette (Extraordinary) dated December 17, 1955, tPassed in Hindi by the Uttar Pradesh Legislative Council on January 16, 1956, and by the Unm’yPr.Ldesh Legislative Assembly on April 4. 1956, with ertain amendments and then again by the U. P April 18, 1956.

Received the Assent of the President o of the Constitution of India and was published Extraordinary, dated July 3, 1956.

*Published in the Uttar Pradesh Gaze Legislative Council on n June 24, 1956, under Article 201 in the Uttar Pradesh Gazette tte Extraordinary, dated July 3, 1956.

Short title and commence- ment, Amendment 01.

section 3 of U.P. Act V of Amendment of section 5 closed, ensue in the area to which the ४ ares d declayyg: relates, namely :

d Hation (a) the district or the local area, as the cage my be, .xh."xll be deemed to be under L‘Ollb()]ida‘] ()pcl‘;llmns' from the specified date, and the ol preparing and maintaining the kg, the Annual Register under Cha . b g -napter I of 1, - P. Land Revenue Act, 1901, shaly stanhd translerred o the Settlement Officer (Consolj dation), and " (b) all proceedings for the correction of any sucl records pending before any court or ;xul/horilx, shall be stayed but without prejudice (० ता: right 01 the persons affected 1० agitate the ' question before the Assistant Consolidation Officer under sub-section (5) of scction 8, or in proceedings commenced under and in accordance 7 with section 10.” » # Amendment of 4. In subsection (5) ol section 8 ol the Principal Act. © section § of between the words “correct” and “the” the words “the map or” U. P. Act V of shall be inserted, 1954. Amendment of 5. For the existing section 10 of the Principal Act, the section 10 of U.P. following shall फट substituted : Act V of 1954, . L. 3 “Revision of records 10. (1) Upon the receipt of the recom- o resurvey. mendation under sub-section-. (2) (b) of sec- tion 8 or otherwise, the State Government may publish a notification in the official Gazette declaring that a general or partial revision of the records or resurvey or both shall be made ; and thereupon a revised map and khasra and record of rights shall be prepared for the village or villages concerned in accordance with the provisions of Chapter 1V of the U. P. Land Reve.

nue Act, 1901, as उ a notification had been issued under scction 48 of the said Act in respect there- of.

under record or survey operations or both as the:

case may be from the date of the notification until / the issuc of another motification declaring the / operations to be closed therein.” Amendment of 6. In sub-section (1) of section 10-A of the Principal Act section 10-A of [ठा' तह words “alter the publication of the notification under ’ under section 9 or of the notification under section 10 as the case may be” the words “within fifte.en days of the publication of._ the Annual Register under section 9 or, as ५ case may be, of the notification under sub-section (2) ol section 10 wher"e a declaration has been made regarding the revision of records shall be substituted.

N के For the existing section 111 the ollowing shall फिट unml amalgamation [0 B | 1 shall be Jaw( ९ 111 कि holdinge. ful for any tenure-holder entitled to a holding 1o have the holding imalgamated with the holding of जा other tenure-holder on such terms as may be agreed wpon between them. The tenure-holder may in the manner and within the period to फिर presaribed make an application to पका effect to the Consolidation Officer who shall in so far as it may हि? practicable having regard to the general scheme of consohdation give effect to the mmr.'.' o

8. In section 11 of the Principal Act— m [rn. dauses (व and (0) of sub-section (1) the follow- ing shall be substituted 2 ‘(&) a map showir ! owing division or grouping of land in each village in , distinct blocks which will not exceed ihree in number and which will be demarcated after taking into account the following factors :

" (i) the kind and number of crops grown in the village ;

(i) the existence or absence of irrigational facili ties | ही) the quality of soil ;

(iv) such other Fictors as may be found necessary | (00 a list of all plots whether or not comprised in the holding of any tenure-holder, showing where necessary—

(i) the avea of each plot;

(व) the soil classification of the plots determined in the manner prescribed in consultation with the Consolidation Committee ;

X .

वी) sanctioned rent rates for the soil classes at the last Settlement, Roster or revision operations, which- ever is latest, as and where amended by the Settlement Officer (Consolidation) in the manner prescribed व. consultation with the Consolida- tion Committee ;

(iv) the rental value of each plot;

(v) such other particulars as may be prescribed ;

(लि a list of ता plots of cach tenureholder showing—

(i) the areas excluded from consolidation ;

(i) the areas under consolidation in each block with its soil class and rental value determined in ((‘ | accordance with clause () Amendnent ol (1, हि, Act ¥V of Amendment of section 11 01

(iii) the rent or revenue calculated in the manner prescribed ;

(1v) the total arca, rental value and rent tor his share ;

(v) such other particulars as may be prescribed,

(2) for sub-scction (2) the following shall be substituted ; "(2 The statement shall be published in the village along with a notice calling upon all persons interested to file objections, if any, disputing the correctness or nature of entry in the statement or pointing out any omission therelrom. A «copy of the netice together with relevant extracts, 01 the statement shall also be served, in the manner prescribed, on each tenure-holder in the village.” 2 € Amendment of 9. In section 12 of the Principal Act— sz:tion 12 of U.P Act Vof 1954,

(1) for sub-section (1) the following shall be substituted : Lvery person interested in disputing the correctness or nature of an entry in the statement published under section 11 or pointing out any omission therefrom shall within thirty days of e publica- tion of the statement under sub-section 2) of section 11, file objection, if any, on the statement before the Assistant Consolidation Officer in the manner prescribed.”

(2) for the existing sub-section (5) the follo\ving shall be substituted :

(5) Al Upon the publication of the statement under sec- tion 11, all suits or proceedings in the Court of first instance, appeal, reference or revision, in which फट question of title in respect of any plot mentioned in the statement ith reference to clause (¢) of sub-section (1) of section 11 has been raised, shall be stayed ‘(o the extent it relates to such plot and shall therealter 90 disposed of in the manner prescribed.” er sub-section (6) the [ollowing shall be added as a new sub-section (7) — & (हि A question 01] title in respect of any plot mentioned i the statement in clause (¢) of sub-section (1) of section 11, which might and ought to have been- raised under sub-section (1) * but had not heen raised, shall not be raised in any objection filed under sub-section (2) of section 90, or under sub- section (1) of section $4.” . o n In section 15 ol the I‘lincip;:l Act ¥ , for subsection (1) the follow ( 10 have been substituted : ars alwild w1y The Assistmt Consolidation Officer preparing the stagement of tion 11, have reg:

. shall, in principles under sec-

(a) the allotment of plots shall e made on the rental value thereof :

provided (hat the area of (he plots proposed to be allotted थोक] not differ in any case, except with the permission of the Director of Consolida- tion, by more than 20 per cent from the area of the original plots ;

(१) as far as possible, only those tenure-holders shall get land in गाए. particular block who already held land therein and the number of chaks 10 be allotted o लाती tenure-holder excluding areas earmarked for abadi and those reserved for public purposes shall not exceed the number of blocks in the village except with the permission of the Director of Gonsolidation ol Holdings ;

(c > every tenure-holder is, as [ar as possible, allotted land at the place where he holds the largest part of Holdings;

(d) the tenure-holders belonging 10 the same family “shall, as दि as possible, he given neighhouring chaks ;

(४) the location of the residential house of the tenure-holder or improvement, if any, made by him shall, as far as possible, be taken into account in allotting chaks ;

(f) small tenure-holders shall, as far as possible, he given land near the village abadi;

(g) an existing compact holding or farm which is 6} acres or more in area, ‘shnll ”not, as far as possible, be disturbed or divided.

(2) after sub-section (1) of section 15, the following shall inserted as sub-section (I-A) .of section 15:

“(1-A} No consolidation whether made Cbefore., or alter Holdings (Amendment) Act, 1956 shall be or le deemed to be invalid by reason merely that llde number of chaks allotted 1o tenure-holder exceede s the number of hlocks in the village.” Amendment scetion 15 of of of

11. After section 16 of the Principal Act the [ollowing Insertion of new | C 2 V of 1954. «prohibition of 16-A. (1) Alter the publication ol the transfer —during — gagement under section 16 and until the consolidation 0pe= [डाट of g notification under section rations. o ) N _\ . 52, a tenurc-holder shall not, except with the permission in writing ol the Settlement Officer (Consolidation) previously obtained, transler by way ol sale, gift or exchange any plot or share in any holding included i the scheme of consolidation notwithstanding anything contained in the U. P. Zamindari Abolition and Land Reforms Act, 1950.

(2) The Settlement Officer shall grant the permission relerred to in sub-section 1 unless for reasons to be recorded in writing he is satisfied that the proposed transfer is likely to defeat the scheme ol consolidation.

16-B. (1) After the publication ol noti- Prohibition of : 1 _ fication under section 4 and until the use of land for 1lha)unrpoaesgs{icu]loutreher publication of a notification under sec- £ g ion 52 e- vith etc. during conso- tion 52, no ten.mehold_cr' 51001, ग0 07 (77 lidation operations. standing anything contained in section 142 of the U. P. Zamindari Abolition and Land Relorms Act, 1950, use his holding, hitherto used for purposes connected with agri- culture, horticulture or animal husbandry includ- ing pisciculture and poultry [arming, for cons- truction of any building, enclosure or any other purpose except with the permission in writing of the Settlement Officer (Consolidation) previously obtained. ’

(2) Il any person contravenes the provisions of sub-sec- tion (1), he shall on conviction be liable 10 a fine not exceeding rupees one thousand.” AmennzodmenflUPof 18. In sub-section (8) ol section 20 ol thic Principal Act section20 of UP. [or (he words “sub-section (2)" the words ‘“sub-section (5) Amendment _ of 15, In section 27 of the Principal Act— section 27 of U.P. . R . Act V of 1954. (1) in sub-section (I) between the words “said” and “records” the words “maps and” shall be inserted, and -

(2) in subsection (2) between the words “rights” and “prepared” the words “and in the maps” shall be inserted.

Amendment of 14, The words “having regard to the nature of the crop” Asec‘m'flvfllosrowas-s- boccdurlringda! the end of the second proviso to setion 28 shall * be deleted.

B है 1. In section 29 of the l'yinli,..u] १८1

(1) The folloving words पा subssection (1) shall be ' deleted : “Such tenue-holder बीए ! १11 within nine date ol possession Pay such (८ person or persons from transferred and ip ८ sation shall by arrear of land rey months of the mpensation to the whom ‘possession was ase of def recoverable enue.” ault such compen.

from him as an

(2) Subssections (2) and (3, shall फल तललल्त, 16, Alter section 29 of the l‘n'n(ip.xl Act. the lollowing gl be inserted as 1 new section 29\ ; ; B¢ 3 “Recovery of 29. (1) Where 4 tenure-holder from compensation: whom compensation is recoverable under this Aci. fails to pay the same within the period prescribed therefor, the person entitled 1० recejve it. may in addition Lo any other mode of recovery open 10 him, apply to the Collector within such time as may be prescribed 10 recover the amount due on his behalf as if i t Were an arrear of land revenue payable to Government,

(2) Where वार compensation payable under this Act is not paid whether in whole or in part within three months of the date ला which the tenure- holder from whom compensation is recoverable is entitled to enter into possession under section 26, interest at the rate of 6 per cent कहा annum shall be charged on पी amount not 50 paid.”

17. For the existing section 33 of the Principal Act the loliowing shall be substituted : “Costs. 55. (1) The Assistant Consolidation Officer shall, in the prescribed manner, deter- mine the cost of consolidation and distribute such cost between the persons affected by the order of consolidation.

(2) If the State Government so decides, it ‘may order that a specified amount be recovered in advance in the manner prescribed, as the first instalment of the cost of consolidation.

(3) Any amount payable as costs under this section shall be recoverable as arrears of land revenue.” o 18 In section 42 of the Principal Act for the words b stant Director” wherever they occur the words “Deputy Tector” shall be substituted,

19. For the existing section 48 of पीट Principal Act the Wing shall be substituted : जि of Di "वह. Tl irector of Consolidation may b = बह. The Director of Consolids ecro'honr")u,f Qlcolohm call for the record of any case or proceed- to ing if the Officer (other than _the एल, Arbitrator) by whom the case was decided Amendment 01 AtV of 1954, Insertion of a new section 29.A in Amendment of section 33 of Amendment of Act ४ of 1954, Amendment of 8 AR N or proceeding taken appears |, excrcised jurisdiction not vested in him नि to have lailed to exercise jurisdiction 50 vey to have acted व the exercise of his iuri.\'qt-efl.or illegally or with substantial irl'egul;lrity' मिनी pass such orders वि the case o1 Proceeding नल Have law or Amendment of 20. For the existing section 52 ol the Principal section 52 of [yllowing shall be substituted :

190'54P AW of 52, As soon as may be alter fresh maps Act the and recorq "(1056 of conso- have been prepared under section on lidation opera+ the State Government shall issue a notif, tions. cation in the official Gazette (hye the consolidation operations have been closed i"c the village and the village shall then cease (0 be under consolidation operations.” Amendment of छा. In subsection (2) ol section 54 alter clause () the USCC‘P"WD A की है following shall be inserted as a new clause (00) — 1954, “(00) The circumstances and matters which shall ७९ taken into consideration in distribuling the cost of consolidation, including the proportion in which the distribution may be made.”

Provisions this appendice answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the Uttar Pradesh Consolidation of Holding Act, 1953