Bare ActsThe CONSOLIDATION OF HOLDINGS ACT, 1953

Section 3

Added by section 14 of U

Amendment status not verified — confirm the current text below against the official source.

Added by section 14 of U.P. Act No. 30 of 1991. [The Uttar Pradesh Consolidation of Holdings Act, 1953] [Section 52-A] (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 he, 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-holder a 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 utlising land vested in the Gaon 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) there arrangement of chak should be made only to the extent it is really necessary for making provision of chaks roads and chalk guls with 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. © 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 1awful, 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 the settlement with the principles specified in sub-section (4) and for the 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 146 [The Uttar Pradesh Consolidation of Holdings Act, 1953] [Section 53-54] (b) where such objections are filed, after the modifications or alternations as may be necessary in view of the orders passed oil objections 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.]5 [Mutal exchange of chaks between tenure-holders

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