Section 48 UP Consolidation of Holdings Act: Revisions and reference

Section 48: Revisions and reference

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 Director of Consolidaiton may call for and examine the record of any case decided or proceedings taken by any subordinate 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 ²[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) Power 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 Consolidaiton 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).]

³[Explanation ⁴[(1)—For the purposes of this section, Settlement Officer, Consolidation, Consolidation Officer, Assistant Consolidation Officer, Consolidators and Consolidaiton Lekhpals shall be subordinate to the Director of Consolidation.]

¹[Explanation (2)— For the purpose of this section the expression ‘interlocutory order’ in relation to a case or proceeding, means such order deciding any matter arising in such case or proceedings or collateral thereto as does not have the effect of finally disposing of such case or proceeding.]

[Explanation (3) — 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.]⁵

Footnotes in the official text

1.Subs. by sec. 39 of U. P. Act no. 8 of 1963.
2.Ins. by sec. 20 (1) of U. P. Act no. 20 of 1982.
3.Add. by sec. 25 of U. P. Act no. 4 of 1969.
4.Existing Explanation re-numbered as Explanation (1) and new Explanation (2) ins. by sec. 20 (ii) of U. P. Act 20 of 1982 .
5.Ins. by sec. 3 of U. P. Act no. 3 of 2002.