Section 52 UP Consolidation of Holdings Act: Close of consolidation operations

Section 52: Close of consolidation operations

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) as soon as may be after fresh maps and records have been prepared 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 unit and the village or villages forming part of the unit shall then cease to be under consolidation operations.

¹[Provided that the issue of the notification under this section shall not affect the powers of the State Government to fix, distribute and recover 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

³[(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 or 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 operations shall, for that purpose, be deemed to have not closed.]

⁴[(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 and such order becomes final. Then notwithstanding anything contained in the provision 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 been titled, during consolidation proceeding, to land equivalent in valuation of the said land.]

Footnotes in the official text

1.Add. by sec. 43 of U. P. Act no. 8 of 1963.
2.Ins. by sec. 14 (1) of U. P. Act no. 30 of 1991.
3.Add. by sec. 43 ibid.
4.Ins. by sec. 32 of U. P. Act no. 35 of 1976.