Effect of notification under Section 4(2)

Section 5 of Uttar Pradesh Consolidation of Holding Act, 1953 deals with effect of notification under Section 4(2). [Effect of notification under Section 4(2)-] (1) Upon the publication of the notification [ 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 o The Act was enacted on 08 Mar 1954.

¹[Effect of notification under Section 4(2)-] (1) Upon the publication of the notification ² [ 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 ³ [ 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) ⁴ [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) ⁵ [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 ⁶ [ under sub-section (2) of Section 4.]

⁷ [(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.]

⁸ [ 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.]

Section 5, Uttar Pradesh Consolidation of Holding Act, 1953 (Act 5 of 1954).