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CHAPTER–I PRELIMINARY

Section 3: Definitions

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.

In this Act unless there is anything repugnant in the subject or context,—

(1) “Assistant Consolidation Officer” means a person appointed as such by the State Government to exercise the powers and perform the duties of an Assistant Consolidation Officer under this Act or the rules made thereunder [and shall include an Assistant Rectangulation Officer.]1

2[(1-A) “Chak” means the parcel of land allotted to a tenure holder on consolidation.]2

2[(2) “Consolidation” means re-arrangement of holdings in a unit amongst several tenure-holders in such a way as to make their respective holdings more compact.

Explanation—For the purposes of this clause, holding shall not include the following :–

(i) land which was grove in the agricultural year immediately preceding the year in which the notification under section 4 was issued ;

(ii) land subject to fluvial action and intensive soil erosion;

(iii) land mentioned in section 132 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 ;

(iv) such compact areas as are normally subject to prolonged water-logging ;

(v) usar, kallar, and rihala plots forming a compact area including cultivated land within such area ;

(vi) land in use for growing pan, rose, bela, jasmine and kewra ; and

(vii) such other areas as the Director of Consolidation may declare to be unsuitable for the purpose of consolidation ;]2

[(2-A) “Consolidation area” means the area, in respect of which a notification under section 4 has been issued, except such portion thereof to which the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950, 3[or any other Law by which Zamindari System has been abolished]3 do not apply].

4[(2-AA) “Consolidation Committee” means a committee to be constituted in the manner prescribed for the purposes of the Act;]

5[(2-B) “Consolidation Lekhpal” means a person appointed as such by the State Government to perform the duties of a Consolidation Lekhpal under this Act or the rules made thereunder and shall in areas under consolidation operations, include a Lekhpal appointed under the U. P. Land Revenue Act, 1901 ;]

6[(3) “Consolidation Officer” means a person appointed as such by the State Government to exercise the powers and perform the duties of a Consolidation Officer under this Act or the rules made thereunder 7(and shall include a Rectangulation Officer ;)]

8[(3-A) “Consolidator” means a person appointed as such by the State Government to exercise the powers and performs the duties of a consolidator under the Act or the rules made thereunder] 9[and shall include a Rectangular and also in areas under consolidation operations, the Supervisor Kanungo appointed under the U. P. Land Revenue Act, 1901 for that area ;]

10[(3-B) “Consolidation Scheme” means the scheme of consolidation in a unit ;]

11[(4) “Director of Consolidation” means the person appointed as such by the State Government to exercise the powers and perform the duties of the Director of Consolidation under this Act or the rules made thereunder and shall include and Additional Director of Consolidation and a Joint Director of Consolidaiton ;]

12[(4-A) “Deputy Director of Consolidation” means a person appointed as such by the State Government to exercise such powers and perform such duties of the Director of Consolidaiton as may be delegated to him by the State Government and shall include a District Deputy Director of Consolidaiton and Assistant Director of Consolidaiton;

(4-B) “District Deputy Director of Consolidation” means a person who is for the time being the Collector of the District ;

(4-C) “Holding” means parcel or parcels of land held under one tenure by a tenure-holder singly or jointly with other tenure-holders;]

13[(5) “land” means land held or occupied for purposes connected with agriculture, horticulture and animal husbandry (including pisciculture and poultry farming) and includes :–

(i) the site, being a part of holding of a house or other similar structure ; and

(ii) trees, wells and other improvements existing on the plots forming the holding ;]

(6) “Legal representative” has the meaning assigned to it in the Code of Civil Procedure, 1908 ;

(7) “Prescribed” means prescribed by rules made under this Act ;

14[(8) “Publication in the Unit” or “publish in the unit” with reference to any document means reading out the document in the unit on a date of which prior notice shall be given by beat of drum, and proclamation by beat of drum, or, in any other customary mode, in the unit of the fact that the document is open to public inspection at any appointed place and time :

Provided that where a Consolidation Committee has been constituted for the unit each member of the said Committee shall also be individually informed of the fact of publication ;]

15[(8-A) “Rectangulation” means the process of dividing the area of a unit into rectangles and parts of rectangles of convenient size with a view to regulating the allotment of chaks during consolidation ;]

16[(9) “Settlement Officer Consolidation” means a person appointed as such by State Government to exercise the powers and perform the duties of a Settlement Officer, Consolidaiton under this Act and the rules made thereunder and shall include an Additional Settlement Officer, Consolidation and Assistant Settlement Officer, Consolidation ;]

(10) “State Government” means the Government of Uttar Pradesh;

[(11) “Tenure-holder” means a [bhumidhar with transferable rights or bhumidhar with non-transferable rights]17 and includes—

(a) an asami,

(b) a Government lessee or Government grantee, or

(c) a co-operative farming society satisfying such conditions as may be prescribed ;]

18[(11-A) “Unit” means village or part thereof, and where the Director of Consolidation so notifies by publication in the official Gazette, two or more villages or parts thereof or which a singles scheme of consolidation is to be framed ;]

(12) Words and expressions—

(a) not defined in this Act but 19[used or] defined in the U. P. Land Revenue Act, 1901; or

(b) not defined in this Act or in the U. P. Land Revenue Act, 1901 but [used or]20 defined in the U. P. Zamindari Abolition and Land Reforms Act, 1950;]

Shall have the meanings assigned to them in the Act in which they are so [used or]20 defined ; and

(13) The references to the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and the U. P. Land Revenue Act, 1901, shall be construed as references to the said Acts as amended from time to time.]21

Footnotes in the official text

  1. 1.Ins. by sec . 2 of U. P. Act 8 of 1963.
  2. 2.Subs. by sec. 2 (3) of U. P. Act 38 of 1958.
  3. 3.Ins. by sec. 3 of U.P. Act 30 of 1991.
  4. 4.Add. by sec. 2 (4) of U.P. Act 38 of 1958.
  5. 5.Add. by sec. 2 (5) ibid.
  6. 6.Add. by sec. 2 (6) ibid.
  7. 7.Ins. by sec. 2 (3) of U. P. Act 8 of 1963.
  8. 8.Subs. by sec. 2 (7) of U. P. Act 38 of 1958.
  9. 9.Ins. by sec. 2 (4) of U. P. Act 38 of 1958.
  10. 10.Add. by sec. 2 (5) ibid.
  11. 11.Subs. by sec. 2 (8) of U. P. Act 38 of 1958.
  12. 12.Add. by sec. 2 (9) ibid.
  13. 13.Subs. by sec. 2 (6) of U. P. Act 8 of 1963.
  14. 14.Subs. by sec. 2 (11) of U. P. Act 38 of 1958.
  15. 15.Add. by sec. 2 (7) of U. P. Act 8 of 1963.
  16. 16.Subs. by sec. 2 (12) of U. P. Act 38 of 1958.
  17. 17.Subs. by sec. 3 (b) of U. P. Act 30 of 1991 (for bhumidhar or sirdar)
  18. 18.Ins. by sec. 2 (14) of U. P. Act 38 of 1958.
  19. 19.Subs. by sec. 2 (15) of U. P. Act 38 of 1958.
  20. 20.Subs. by sec. 2 (15) of U. P. Act 38 of 1958.
  21. 21.Subs. by sec. 2 (15) ibid.

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