Law Maker

CHAPTER–IV ENFORCEMENT OF THE SCHEME

Section 28: Delivery of possession

The Uttar Pradesh Consolidation of Holdings Act, 1953

How current this text is

Text as published by India Code for the Government of Uttar Pradesh, with amendments up to U.P. Act No. 3 of 2002.

Sections 1 to 3 carry marginal headings and the later sections carry headings printed at the start of the section; both are shown as the section headings. Sections 4-A, 11-C and the omitted sections carry no heading in this copy.

Marginal references to other enactments (for example "U. P. Act No. I of 1951") printed beside the text are not reproduced.

1[(1) The Assistant Consolidation Officer, on the application of the tenure-holder or the Land Management Committee, to whom chak or lands have been allotted under the final consolidation scheme, [may, and where any land has been allotted to the State Government shall, without any application of the State Government, within six months of the date on which the said Scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands]2 :

Provided that the delivery of possession as aforesaid shall not affect the right of the person from whom possession is transferred to tend and gather the crops standing on such chaks or land or part thereof, on the date of the delivery, unless the Assistant Consolidaiton Officer decides, for reasons to be recorded that the possession over the crop also shall be delivered :

Provided further that the person tending and gathering the standing crop, in accordance with the first proviso, shall be liable to pay to the person who has been allotted the chak, or lands, compensation for the use of the land at such rate and in such manner as may be prescribed.

(2) On the expiry of six moths from the date on which a tenure-holder or Land Management Committee or [the State Government]3 became entitled to enter into possession of the chak or lands allotted, whether before or after the coming into force of the Uttar Pradesh Consolidaiton of Holdings (Amendment) Act, 1963, or on the expiry of six months from the date of the coming into force of that Act, whichever is later, the tenure-holder or the Land Management Committee, as the case may be, shall unless possession has been obtained earlier, be deemed to have entered in to actual physical possession of the allotted chak of land] :

Provided that the fact that a tenure-holder or the Land Management Committee has thus entered in possession shall not affect the right of the person from whom possession is deemed to have been transferred to tend and gather the crop standing on the chak or lands or part thereof, on the date of the expiry of the period of six months aforesaid.]

Footnotes in the official text

  1. 1.Subs. by sec. 27 of U. P. Act no. 8 of 1963.
  2. 2.Subs. by sec. 10 of U. P. Act no. 30 of 1991(for words, may within six months of the date on which the said scheme has come into force, put the tenure held or the LMC, as the case may be, in actual physical possession of the chak or lands allotted to the applicant )
  3. 3.Ins. by sec. 10 (b) of U. P. Act no. 30 of 1991.

Practise questions on Uttar Pradesh Local Laws