37. [Deleted by U.P. Act No. 38 of 1958].

38. Powers to enforce attendance of witnesses and in certain matter. -

(1) 110[The Director of Consolidation , Deputy Director of Consolidation] and Settlement Officer, Consolidation, Consolidation Officer and Assistant Consolidation Officer shall have all such powers and rights and privileges as are vested in a Civil Court on the occasion of any action, in respect of the following matters -

(a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise and the issue of a commission or request to examine witnesses abroad;

(b) compelling any one for the production of any document;

(c) the punishing of persons guilty of contempt, 28 and a summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and compelling the production of document.

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

39. Power for production of documents, etc. -

(1) Subject to any conditions or restrictions that may be prescribed, the 111[Director of Consolidation, Deputy Director of Consolidation], Settlement Officer Consolidation, Consolidation Officer or Assistant Consolidation Officer may, by written order, require any person to produce such documents, papers and registers or to furnish such information as he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.

(2) Every person required to produce any document, paper or register or to furnish an information, under this section shall be deemed legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code,1860 ( Act No. 45 of 1860).

40. Proceeding before Settlement Officer, Consolidation, Consolidation Officer and Assistant Consolidation Officer to be judicial proceedings. -

A proceeding before a 112[Director of Consolidation, Deputy Director of Consolidation], Settlement Officer, Consolidation, Consolidation Officer and Assistant Consolidation Officer, shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for purposes of Section 196 of the Indian Penal Code, 1860 ( Act No. 45 of 1860).

41. Application of U.P. Land Revenue Act, 1901. -

Unless otherwise expressly provided by or under this Act, the provisions of chapters IX and X of the U.P. Land Revenue Act, 1901( U.P. Act No. 3 of 1901) shall apply to all proceedings including appeal and applications under this Act.

[41-A. Affidavits. -

Affidavits to be filed in any proceedings under the Act, including an appeal or revision, shall be made in the same manner and conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908 ( Act No. 5 of 29 1908) and may be verified by any officer or other person appointed by the High Court under clause (b) or by an officer appointed by any other Court under clause (c) of Section 139 of the said Code].

42. Officers and authorities. -

[(1) The State Government may appoint such authorities and officers, and for such areas, as may be necessary, to give effect to the provisions of this Act].

(2) The District Deputy Director of Consolidation may, subject to such directions as the Director of Consolidation may issue from time to time, demarcate the circles to be assigned to Consolidation Lekhpals, Consolidators and other authorities appointed for the district under sub-section (1)].

[42-A. Correction of Clerical or Arithmetical errors. -

Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Settlement Officer, Consolidation, is satisfied that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of this Act, he shall, either on his own motion, or on the application of any person interested, correct the same].

43. [ Deleted by Section 38 of U.P. Act No. 8 of 1963].

[44. Delegation. -

The State Government may, by notification in the Official Gazette, and subject to such restrictions and conditions as may be specified in the notification :

(i) delegate to any officer or authority any of the powers conferred upon it by this Act; and

(ii) confer powers of the Director of Consolidation, Deputy Director, Consolidation, the Settlement Officer, Consolidation, and the Consolidation Officer under this Act or the rules made thereunder, on any officer or authority].

[44-A. Powers of subordinate authority to be exercised by a superior authority. -

Where powers are to be exercised or duties to be performed by any authority under this 30 Act or the rules made thereunder, such powers or duties may also be exercised or performed by any authority superior to it].

45. Powers of officer to enter upon land for purpose of survey and demarcation. -

The officer mentioned in this Act or any person acting under the orders of any one of them may, in the discharge of any duty under this Act, enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.

[45-A. Penalty for contravening provisions of Section 5. -

(1) Any person contravening the provisions of Section 5(1)(c)(i) shall, on conviction by a Court of competent jurisdiction, be liable to a fine not exceeding rupees one thousand.

(2) A transfer made in contravention of the provisions of Section 5(1)(c)(ii) shall not be valid or recognized; anything contained in any other law for the time being in force to the contrary notwithstanding.

46. Penalty for destruction, injury to or removal of survey 120[or boundary] marks -

(1) If any person destroys wilfully or injures or removes without lawful authority a survey 121[or boundary] mark lawfully erected, he may be ordered by a Consolidation Officer to pay such compensation not exceeding 122[one thousand rupees] for each mark so destroyed, injured or removed, as may in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.

(2) The orders for the payment of compensation under sub-section (1) shall not bar a prosecution under Section 434 of the Indian Penal Code 1860 ( Act No. 45 of 1860).

47. Appeal, etc., to be allowed by Act. -

No appeal and no application for revision shall lie from any order passed under the provisions of this Act except as provided by or under this Act.

[48. Revision and reference. -

(1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any subordinate 31 authority for the purpose of satisfying himself as to the regularity of the proceedings; or as to the correctness, legality or propriety of any order 124[other than an interlocutory order] passed by such authority in the case or proceedings, and may, after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.

(2) Powers under sub-section (1) may be exercised by the Director of Consolidation also on a reference under sub-section (3).

(3) Any authority subordinate to the Director of Consolidation may, after allowing the parties concerned an opportunity of being heard, refer the record of any case or proceedings to the Director of Consolidation for action under sub-section (1)].

[Explanation. [I]

For the purposes of this section, Settlement Officers, Consolidation, Consolidation Officers, Assistant Consolidation Officers, Consolidator and Consolidation Lekhpals shall be subordinate to the Director of Consolidation].

[Explanation (II) -

For the purposes of this section the expression 'interlocutory order' in relation to a case or proceedings, means such order deciding any matter arising in such case or proceeding or collateral thereto as does not have the effect of finally disposing of such case or proceeding].

[Explanation (III). -

The power under this section to examine the correctness, legality or propriety of any order includes the power to examine any finding, whether of fact or law, recorded by any subordinate authority, and also includes the power to re appreciate any oral or documentary evidence].

[48-A. Special provisions with respect to evacuee property. -

(1) Notwithstanding anything contained in the foregoing provisions of this Act -

(a) no decision of the Custodian of Evacuee Property (hereinafter in this section referred to as the Custodian), in relation to title to any land vested in him as evacuee property under the provisions of the Administration of Evacuee Property Act, 1950, shall be called in question and varied or reversed by any officer or authority under this Act; and

(b) nothing in this Act shall be construed as requiring the Custodian to stay any proceedings in relation to title to any such land pending before him on the date of the coming into force of those provisions of this Act under which proceedings in relation to title to land are required to be stayed or as empowering the Consolidation Officer or any other officer or authority to refer for determination of any question of title in relation to such land involved in any proceedings pending before the Custodian on such date.

(2) Where as a result of consolidation operations in any village -

(a) lands, which are vested as evacuee property in the Custodian under the provisions of the Administration of Evacuee Property Act, 1950, are included in holdings which are not vested in the Custodian as evacuee property, such lands shall, on and from the date of the coming into force of the consolidation scheme, cease to be so vested in the Custodian, and the provisions of the said Act shall thereupon cease to apply in relation thereto; and

(b) in lieu of such lands, corresponding lands shall be included in holdings which are vested in the Custodian as evacuee property, and such lands shall, on and from the date of the coming into force of the Consolidation Scheme, be deemed to be evacuee property declared as such within the meaning of the aforesaid Act and be vested in the Custodian and the provisions of the said Act shall thereupon apply, so far as may be, in relation to such lands].

[48-B. Exchange of possession. -

(1) Where change of possession becomes necessary amongst tenure-holders including the Land Management Committee of the Circle as a result of orders passed under 131[* * *] Section 48, it shall be lawful for them to exchange possession amongst themselves in accordance with such orders.

(2) Where change of possession cannot be affected by mutual arrangement, the Assistant Consolidation Officer shall effect delivery of possession to such tenure holders and the Land Management Committee in accordance with the provisions of Section 28].

[49. Bar to Civil Court jurisdiction. -

Notwithstanding anything contained in any other law Courts for the time being in force, the declaration and adjudication of rights of tenure-holder in respect of land, lying in an area, for which a 133[notification] has been issued 134[under sub-section (2) of Section 4], or adjudication of any other right arising out of consolidation proceedings and in regard to which a proceeding could or ought to have been taken under this Act, shall be done in accordance with the provisions of this Act and no Civil or Revenue Court shall entertain any suit or proceeding with respect to rights in such land or with respect to any other matters for which a proceeding could or ought to have been taken under this Act ]:

[Provided that nothing in this section shall preclude the Assistant Collector from initiating proceedings under Section 122-B of the U. P. Zamindari Abolition and Land Reforms Act, 1950(U.P. Act No. 1 of 1951) in respect of any land, possession over which has been delivered or deemed to be delivered to a Gram Sabha under or in accordance with the provisions of this Act].

[49-A. Protection of action taken under this Act or Rules made thereunder. -

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or Rules made thereunder].

[50. Exemption from court-fee. -

No court-fee shall be payable on any application made or any document filed, with the exception of a Vakalatnama, in a suit or proceedings under the provisions of this Act].

[51. Instrument not necessary to effect transfer. -

Notwithstanding anything contained in any other law for the time being in force, no instrument in writing shall be necessary for effecting a transfer of holdings involved in giving effect to a final Consolidation Scheme nor shall any such instrument, if executed, required registration].

[52. Close of consolidation operations. -

(1) As soon as may be, after fresh maps and records have been prepared 140[under sub-section (1) of Section 27], the State Government shall issue a notification in the Official Gazette that the consolidation operations have been closed in the 141[unit and the village or villages forming a part of the unit] shall then cease to be under consolidation operations] :

[Provided that the issue of the notification under this section shall not affect the powers of the State Government to fix, distribute and record the cost of operations under this Act].

[(1-A) The notification issued under sub-section (1) shall be published also in a daily newspaper having circulation in the area and in such other manner as may be considered proper].

[(2) Notwithstanding anything contained in sub-section (1), any order passed by a Court of competent jurisdiction in cases of writs filed under the provisions of the Constitution of India, or in cases of proceedings pending under this Act on the date of issue of the notification under sub-section (1), shall be given effect to by such authorities, as may be prescribed and the consolidation operation shall, for that purpose, be deemed to have not been closed].

[(3) Where the allotment or lease of any land made before the Consolidation Scheme becomes final under Section 23, is cancelled by an order under sub-section (4) of Section 198 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) and such order becomes final, then notwithstanding anything contained in the provisions of this Act, such order shall be given effect to by such authorities, as may be prescribed, in the following manner, and the consolidation operation shall, for that purpose, be deemed to have not closed, namely ,

(a) the value of the land which was the subject-matter of such allotment or lease shall first be ascertained in the manner prescribed; 

(b) the value referred to in clause (a) shall be deducted from the total value of land allotted to the tenure-holder concerned during consolidation proceedings;

(c) the tenure-holder shall be entitled, during consolidation proceeding, to land equivalent in valuation to the said land].

[52-A. Special Provisions for Chak Roads and Chak Guls. -

(1) In the case of a unit in relation to which a notification under sub-section (1) of Section 52 has been issued before the commencement of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1970, the Collector may, if he is of opinion that there exists no provision or inadequate provision of Chak Roads or Chak Guls in the unit and shall, if a representation in that behalf be not less then ten per cent of the total number of tenure holders is made to him within six months of the said commencement, proceed to take action under sub-section (2), anything to the contrary contained in Section 52 notwithstanding.

(2) The Collector shall cause a notice of the proposal to take action under this section and also of the representation, if any, received under sub-section (1) to be given in the unit by beat of drum and in such other manner, if any, as he thinks fit, and direct any Consolidation Officer to inspect the locality and take reasonable steps to ascertain the wishes of the tenure-holders, or, as the case may be, of such of them as have not joined in the representation, and to make such other inquiry into the matter as he thinks fit.

(3) Such Consolidation Officer shall make a report to the Collector on the advisability or otherwise of drawing up a plan making provision or, as the case may be, more adequate provision for Chak Roads or Chak Guls in the unit, and the Collector on being satisfied after considering such report that it is necessary or expedient so to do, shall cause a draft plan to be prepared.

(4) The Assistant Consolidation Officer shall thereupon, after ascertaining informally the wishes of as many tenure-holders of the unit as he considers practicable, prepare a draft plan in the prescribed form proposing such provision or additional provision of Chak Roads or Chak Guls, as may be necessary. In preparing the draft plan, the Assistant Consolidation Officer shall have regard to the following principles, namely :

(a) That as far as practicable, provision of Chak Roads and Chak Guls should be made primarily by utilising land vested in the Gram Sabha and secondarily out of land held by those tenure-holders whose Chaks are connected with the proposed Chak Roads or Chak Guls, and in the last resort, out of any other land;

(b) The re-arrangement of Chaks should be made only to the extent it is really necessary for making provision of Chak Roads and Chak Guls with the minimum possible dislocation in the Consolidation Scheme already confirmed.

(5) The draft plan prepared under sub-section (4) shall be published in the prescribed manner.

(6) Any person affected by the draft plan may, within 15 days from the date of such publication, file an objection in writing before the Consolidation Officer.

(7) (a) The Consolidation Officer shall dispose of all objections after notice to the parties concerned.

(b) Any person aggrieved by the order of the Consolidation Officer under clause (a) may, within 15 days from the date of the order, file an appeal before the Settlement Officer, Consolidation, whose decision thereon shall be final.

(c) Before deciding the objections under clause (a), the Consolidation Officer, and before deciding the appeal under clause (b), the Settlement Officer, Consolidation, may make a local inspection of the site in dispute after notice to the parties concerned.

(d) It shall be lawful, for reasons to be recorded in writing, for the Consolidation Officer under clause (a) and the Settlement Officer, Consolidation, under clause (b) to modify the draft plan in accordance with the principles specified in sub-section (4) and for the 37 Settlement Officer, Consolidation, to remand the same either to the Consolidation Officer or to the Assistant Consolidation Officer with such directions as he thinks fit.

(8) The Settlement Officer, Consolidation, shall confirm the plan -

(a) if no objections are filed within the time specified in sub-section (6); or

(b) where such objections are filed, after such modifications or alterations, as may be necessary, in view of the orders passed on objection and appeal under sub-section (7).

(9) The plan confirmed under sub-section (8) shall be published in the unit in the prescribed manner and shall come into force on the date of such publication, and thereupon the Consolidation Scheme and the allotment orders made final under Section 23 shall stand amended to the extent indicated in the plan, and fresh allotment orders shall be issued by the Settlement Officer, Consolidation, accordingly.

(10) The provisions of Chapter IV shall mutatis mutandis apply in relation to the said plan as they apply in relation to the final Consolidation Scheme, and for the purposes of application of Chapter IV, land contributed for Chak Roads and Chak Guls provided under this section shall be deemed to be land contributed for public purposes under Section 8-A.

[53. Mutual exchange of chaks between tenure-holders. -

It shall be lawful for the Settlement Officer, Consolidation, at any stage of the consolidation proceedings but before the preparation of the final records under Section 27, to allow mutual exchange of chaks or part thereof 148[by agreement] between the tenure-holders where he is satisfied that the exchange will improve the shape of chaks, or reduce their number and generally lead to greater satisfaction amongst them].

[53-A. Recognition of consolidation scheme prepared by tenure-holders. -

(1) The Deputy Director, Consolidation, may recognize a 150[Consolidation Scheme] in respect of a village, whether within or without a consolidation area prepared voluntarily by the tenure-holders of the village, where he is satisfied that it conforms to the broad 38 principles of consolidation under this Act, and has the support of all the tenure-holders concerned and is otherwise fair to all concerned.

(2) The 151[Consolidation Scheme] recognized under sub-section (1) shall be deemed to have been prepared and confirmed under the provisions of this Act, and shall be enforced thereunder].

[53-B. Limitation. -

The provisions of Section 5 of the Limitation Act, 1963(Act No. 36 of 1963), shall apply to the applications, appeals, revisions and other proceedings under this Act or the rules made thereunder].

54. Part to make rules. -

(1) The State Government 153[may, by notification in the Gazette], make rules for the purposes of carrying into effect the provisions of this Act.

[(2) Without prejudice to the generality of foregoing power, such rules may provide for -

(a) the form of 155[notification] 156[under sub-section (2) of Section 4];

(b) the constitution of Consolidation Committee under Clause (2-AA) of Section 3, determination of the terms of members of the Consolidation Committee and action to be taken on a vacancy occurring therein;

(c) the procedure for the disposal of suits and proceedings stayed under Section 5; 157[(cc) the conditions to be observed by the Settlement Officer, Consolidation in granting permission referred to in clause (c) of sub-section (1) of Section 5, for transfer of holdings in this Consolidation area];

(d) procedure relating to the revision of maps and records including declaration of rights, partition of joint holdings, valuation of plots, determination and apportionment of compensation for wells, trees and other improvements and the preparation and publication of the Statement of Principles under Sections 7 to 11 and 12;

(e) the determination of land revenue over new holdings and distribution thereof on the portions of old holdings under Section 12-A;

[(f) procedure relating to amalgamation of holdings under Section 12-D; 39

(g) the procedure and the manner relating to the preparation, publication and confirmation of the Consolidation Scheme under Sections 19-A, 21 and 23;

(h) the procedure and the manner of issue of allotment orders under Section 23];

(i) the procedure and the manner in which the view of the Consolidation Committee shall be obtained on matters specified for this purpose;

(j) the determination of the public purpose for which areas may be earmarked and the manner in which this shall be done;

(k) the matters relating to transfer of rights from the public land to other land earmarked for public purpose;

(l) the procedure for entering into possession under Sections 24 and 28;

(m) the procedure and the manner for determination of compensation to be paid to, or recovered from any person under this Act;

(n) the circumstances and the manner which shall be taken into consideration in distributing the cost of consolidation, including the proportion in which the distribution may be made;

(o) the matters relating to the mode of service of notice or documents under this Act;

(p) the procedure to be followed in all proceedings including applications and appeals under this Act;

(q) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer and authority;

(r) the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf has been made therein;

(s) imposing limits of time within which things to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed;

(t) the transfer of proceedings from one authority or officer to another; and

(u) any other matter which is to be, or may be prescribed].

[(3) All rules made under this section shall, as soon as, may be, after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days comprised in its one session, or two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder].