CONSOLIDATION

---CH I PRELIMINARY SS. 1-3
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CHAPTER I

Preliminary

  1. Short title, extent and commencement.- (1) This Act may be called the U.P. Consolidation of Holdings Act, 1953.

(2) It extends to the whole of Uttar Pradesh.

[(3) This section shall come into force at once and the remainder of the Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf and different dates may be appointed for different parts of Uttar Pradesh.]

  1. Repeal of U.P. Act VII of 1939.- The U.P. Consolidation of Holdings Act, 1939, is hereby repealed.
  2. Definitions.- 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];

[(1A) 'chak' means the parcel of land allotted to a tenure-holder on consolidation];

[(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 purpose of this clause, holding shall not include the following :

(i) Land which was grove in 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;

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

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

[(2B) '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];

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

[(3A) 'Consolidator' means a person appointed as such by the State Government to exercise the powers and perform the duties of a Consolidator under the Act or the rules made thereunder and shall include a Rectangulator and also, in areas under Consolidation operations, the Supervisor Kanungo appointed under the Uttar Pradesh Land Revenue Act, 1901, for that area];

[(3B) 'Consolidation Scheme' means the scheme of consolidation in a unit];

[(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 an Additional Director of Consolidation and a Joint Director of Consolidation];

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

[(4B) 'District Deputy Director of Consolidation' means tine person who is for the time being the Collector of the district];

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

[(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 part of a 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;

[(8) 'Publication in the unit' or 'publish in the unit' with reference to any document means reading out of 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 an 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;

[(8A) '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];

[(9) 'Settlement Officer, Consolidation' means the person appointed as such by the State Government to exercise the powers and perform the duties of a Settlement Officer, Consolidation under this Act or 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 right] 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;

[(11A) 'Unit' means a 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, for which a single scheme of consolidation is to be framed];

(12) Words and expressions -

(a) not defined in this Act but [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] defined in the U.P. Zamindari Abolition and Land Reforms Act, 1950,

shall have the meaning assigned to them in the Act in which they are so [used or] 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.]

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UPHJS2018-II Edit

33. "Land" under the Uttar Pradesh Consolidation of Holdings Act, 1953 means land used NOT for:
(a) agricultural (b) horticulture
(c) house being part of holding (d) grove land

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UPHJS2009SPL Edit


6. (a) Whether on the basis of conciliation a dispute between the parties can be decided under the U.P. Consolidation of Holdings Act ? If so, give the relevant provisions and procedure provided and the stage available for it. What is difference between the decision by conciliation and decision by compromise ? 10


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---CH II REVISION AND CORRECTION OF MAPS AND RECORDS SS. 4-12D
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CHAPTER II Revision And Correction Of Maps And Records

[4. Declaration and notification regarding consolidation. - (1)(a) The State Government may, where it is of opinion that a district or part thereof may be brought under consolidation operations, make a declaration to that effect in the Gazette, whereupon it shall become lawful for any officer or authority who may be empowered in this behalf by the District Deputy Director of Consolidation -

(i) to enter upon and survey, in connection with rectangulation or otherwise, and to take levels of any land in such area;

(ii) to fix pillars in connection with rectangulation, and;

(iii) to do all acts necessary to ascertain the suitability of the area for consolidation operations.

(b) The District Deputy Director of Consolidation shall cause public notice of the declaration issued under clause (a) to be given at convenient places in the said district or part thereof.

(2)(a) When the State Government decides to start consolidation operations, either in an area covered by a declaration issued under sub-section (1) or in any other area, it may issue a notification to this effect.]

[(b) Every such notification shall be published in the Gazette and in a daily newspaper having circulation in the said area and shall also be published in each unit in the said area in such manner as may be considered appropriate.]

[4A. (1) Where the State Government is of opinion that in the case of a district or part thereof in respect of which a notification has already been issued under Section 52, it is expedient in public interest so to do, it may make a declaration by notification in the Gazette that such district or part thereof may again be brought under consolidation operation :]

[Provided that no such declaration shall be issued within twenty years from the date of the notification referred to in the said section, but in special circumstances the State Government may, in public interest, issue such declaration after ten years from the said date.]

(2) The provisions of this Act shall mutatis mutandis apply to every notification issued under sub-section (1) as they apply to a notification under Section 4.

[5. Effect of] [notification under Section 4(2)]. - (1) Upon the publication of the notification [under sub-section (2) of Section 4] in the Official Gazette, the consequences, as hereinafter set forth, shall, subject to the provisions of this Act, from the date specified thereunder till the publication of notification under Section 52 or sub-section (1) of Section 6, as the case may be, ensue in the area to which the [notification under Section 4(2)] relates, namely -

(a) the district or part thereof, as the case may be, shall be deemed to be under consolidation operations and the duty of maintaining the record-of-rights and preparing the village map, the field-book and the annual register of each village shall be performed by the District Deputy Director of Consolidation, who shall maintain or prepare them, as the case may be, in manner prescribed;

(b) [ *]

(c ) notwithstanding anything contained in the U.P. Zamindari Abolition and Land Reforms Act, 1950, no tenure-holder, except with the permission in writing of the Settlement Officer, Consolidation, previously obtained shall -

(i) use his holding or any part thereof for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming; or

(ii) [ *]:

Provided that a tenure-holder may continue to use his holding, or any part thereof, for any purpose for which it was in use prior to the date specified in the notification issued [under sub-section (2) of Section 4].

[(2) Upon the said publication of the notification under sub-section (2) of Section 4, the following further consequences shall ensue in the area to which the notification relates, namely -

(a) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area, or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any Court or authority whether of the first instance or of appeal, reference or revision, shall, on an order being passed in that behalf by the Court or authority before whom such suit or proceeding is pending, stand abated :

Provided that no such order shall be passed without giving to the parties notice by post or in any other manner and after giving them an opportunity of being heard :

Provided further that on the issue of a notification under sub-section (1) of Section 6 in respect of the said area or part thereof, every such order in relation to the land lying in such area or part as the case may be, shall stand vacated;

(b) such abatement shall be without prejudice to the rights of the persons affected to agitate the right or interest in dispute in the said suits or proceedings before the appropriate consolidation authorities under and in accordance with the provisions of this Act and the rules made thereunder.]

[Explanation. - For the purposes of sub-section (2), a proceeding under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 or an uncontested proceeding under Sections 134 to 137 of the U.P. Zamindari Abolition and Land Reforms Act, 1950, shall not be deemed to be a proceeding in respect of declaration of rights or interest, in any land.]

  1. Cancellation of notification under Section 4.- (1) It shall be lawful for the State Government at any time to cancel the [notification] made under Section 4 in respect of the whole or any part of the area specified therein.

[(2) Where a] [notification] has been cancelled in respect of any unit under sub-section (1), such area shall, subject to the final orders relating to the correction of land records, if any, passed on or before the date of such cancellation, cease to be under consolidation operations with effect from the date of the cancellation.

[6A. Special provision with respect to undisputed succession or transfer. - (1) After the publication of notification under sub-section (2) of Section 4 or Section 4-A and before start of the proceeding under Section 8, a case of undisputed succession shall be disposed of by the Consolidator, and a case of undisputed mutation on the basis of transfer shall be disposed of by the Assistant Consolidation Officer, in such manner and after making such inquiry as may be prescribed :

Provided that no case shall be entertained, continued or disposed of under this section after start of the proceeding under Section 8.

(2) An order made under sub-section (1) shall not be a bar to an objection under Section 9.]

Uttarakhand Amendment

Addition of a new Section 6-A after Section 6 of the principal Act. - Addition of a new section in the Uttaranchal (The U.P. Consolidation of Holdings Act, 1953) Adaptation and Modification Order, 2002. - After Section 6 of the Uttaranchal (The U.P. Consolidation of Holdings Act, 1953) Adaptation and Modification Order, 2002, the following new section shall be added, namely :-

"6. (1) After the publication of notification under sub-section (2) of Section 4 or Section 4-A, and before start of the proceeding under Section 8, a case of undisputed mutation on the basis of succession shall be disposed of by a Consolidation Officer and on the basis of a transfer shall be disposed of by the Assistant Consolidation Officer, in such manner and after making such inquiry as may be prescribed :

Provided that no case shall be entertained, continued or disposed of under this section after start of the proceeding under Section 8.

(2) An order made under sub-section (1) shall not be a bar to an objection under Section 9."

  1. Revision of village map.- With a view to facilitate the revision of records of each village or part thereof in the unit and subject to the provisions hereinafter contained, the District Deputy Director of Consolidation shall, before] [the provisional Consolidation Scheme] for a unit is prepared, cause to be revised the village maps of such unit.

OLD LAW 6

[8. Revision of the field-book and the current annual register; determination of valuations and shares in joint holdings. - (1) Upon the revision of the maps under Section 7, the District Deputy Director of Consolidation shall, subject to the provisions hereinafter contained, and in such manner as may be prescribed, cause to be -

(i) revised, the field-book of the unit after field to field partal, and the current annual register after its test and verification;

(ii) determined, in consultation with the Consolidation Committee, the valuation of -

(a) each plot after taking into consideration its productivity, location and availability of irrigation facilities, if any; and

(b) all trees, wells and other improvements existing in the plots for the purpose of calculating compensation therefor;

(iii) ascertained the share of each owner, if there be more owners than one, out of the valuation determined under sub-clause (b) of clause (ii); and

(iv) determined the shares of individual tenure-holders in joint holding for the purpose of effecting partition to ensure proper consolidation.

(2) The District Deputy Director of Consolidation shall cause to be prepared a khasra chakbandi, in the form prescribed in respect of all the plots falling in the unit as also a statement showing the mistakes] [undisputed cases of succession] and disputes discovered during the test and verification of the annual register and in the course of the field to field partal.

[8A. Preparation of Statement of Principles. - (1) The Assistant Consolidation Officer shall, in consultation with the Consolidation Committee, prepare, in respect of each unit under consolidation operations, a statement in the prescribed form (hereinafter called the Statement of Principles) setting forth the principles to be followed in carrying out the consolidation operations in the unit.

(2) The Statement of Principles shall also contain -

(a) details of areas, as far as they can be determined at this stage, to be earmarked for extension of abadi including areas for abadi site for Harijans and landless persons in the unit, and for such other public purposes as may be prescribed;

(b) the basis on which the tenure-holders will contribute land for extension of abadi and for other public purposes; and

(c) details of land to be earmarked for public purposes out of land vested in a Gaon Sabha or a Local Authority under Section 117 or Section 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.]

[(d) the standard plots for each unit.]

[(3) The standard plots referred to in clause (d) of sub-section (2) shall be determined by the Assistant Consolidation Officer after ascertaining from the members of the Consolidation Committee and the tenure-holders of the units, the best plot or plots of the unit, regard being had to productivity, location and the existing soil class of the plot or plots].

[9. Issue of extracts from records and statements and publication of records mentioned in Sections 8 and 8-A and the issue of notices for inviting objections. - (1) Upon the preparation of the records and the statements mentioned in Sections 8 and 8-A, the Assistant Consolidation Officer shall -]

(a) correct the clerical mistakes, if any, and send, or cause to be sent, to the tenure-holders concerned and other persons interested, notices containing relevant extracts from the current annual register and such other records as may be prescribed showing -

(i) their rights in and liabilities in relation to the land;

(ii) mistakes, [undisputed cases of succession]and disputes discovered under Section 8 in respect thereof;

(iii) specific shares of individual tenure-holders in joint holdings for the purpose of effecting partitions, where necessary, to ensure proper consolidation;

(iv) valuation of the plots; and

(v) valuation of trees, wells and other improvements for calculating compensation therefor and its apportionment amongst owners, if there be more owners than one;

(b) publish in the unit the current khasra and the current annual register, the khasra chakbandi, the Statement of Principles prepared under Section 8-A, and any other records that may be prescribed to show, inter alia, the particulars referred to in clause (a).

(2) Any person to whom a notice under sub-section (1) has been sent, or any other person interested may, within 21 days of the receipt of notice, or of the publication under sub-section (1), as the case may be, file, before the Assistant Consolidation Officer, objections in respect thereof disputing the correctness or nature of the entries in the records or in the extracts furnished therefrom, or in the Statement of Principles, or the need for partition.

[9A. Disposal of Cases relating to claims to land and partition of joint holdings. - (1) The Assistant Consolidation Officer shall -

(i) where objections in respect of claims to land or partition of joint holdings are filed, after hearing the parties concerned, and

(ii) where no objections are filed after making such enquiry as he may deem necessary,

settle the disputes, correct the mistakes and effect partition as far as may be by conciliation between the parties appearing before him and pass orders on the basis of such conciliation :]

[Provided that where the Assistant Consolidation Officer, after making such enquiry as he may deem necessary, is satisfied that a case of succession is undisputed, he shall dispose of the case on the basis of such enquiry.]

(2) All cases which are not disposed of by the Assistant Consolidation Officer under sub-section (1), all cases relating to valuation of plots and all cases relating to valuation of trees, wells or other improvements, for calculating compensation therefor, and its apportionment amongst co-owners, if there be more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer, who shall dispose of the same in the manner prescribed.

(3) The Assistant Consolidation Officer, while acting under sub-section (1) and the Consolidation Officer, while acting under sub-section (2), shall be deemed to be a Court of competent jurisdiction, anything to the contrary contained in any other law for the time being in force notwithstanding.

[9B. Disposal of objections on the Statement of Principles. - (1) Where objections have been filed against the Statement of Principles under Section 9, the Assistant Consolidation Officer shall, after affording opportunity of being heard to the parties concerned and after taking into consideration the views of the Consolidation Committee, submit his report to the Consolidation Officer, who shall dispose of the objections in the manner prescribed.

(2) Where no objections have been filed against the Statement of Principles within the time provided therefor under Section 9, the Consolidation Officer shall, with a view to examining its correctness, make local inspection of the unit, after giving due notice to the Consolidation Committee, and may thereafter make such modifications or alterations in the Statement of Principles as he may consider necessary.

(3) Any person aggrieved by an order of the Consolidation Officer under sub-section (1), or sub-section (2), may, within 21 days of the date of the order; file an appeal before the Settlement Officer, Consolidation, whose decision, except as otherwise provided by or under this Act, shall be final.

(4) The Consolidation Officer and the Settlement Officer, Consolidation, shall, before deciding an objection or an appeal, make local inspection of the unit after giving due notice to the parties concerned and the Consolidation Committee.]

[9C. Partition of joint holdings. - (1) The Assistant Consolidation Officer, or the Consolidation Officer, may partition joint holdings under Section 9-A, notwithstanding anything to the contrary contained in Section 178 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or any other law, and may also partition the same suo motu.

(2) The partition of joint holdings shall be effected on the basis of shares, provided that where the tenure-holders concerned agree, it may be effected on the basis of specific plots.]

  1. Preparation and maintenance of revised annual registers.- (1) The annual register shall be revised on the basis of the orders passed under sub-section (1) and sub-section (2) of Section 9-A. It shall thereafter be prepared in the form prescribed and published in the unit.

(2) Where any entry in the annual register, published under sub-section (1), is modified in pursuance of an order passed under this Act or under any other law; a reference to the order along with an extract of its operative portion shall be noted against the said entry.

OLD LAW 6

10A. [ *]

10B. [ *]

[11. Appeals. - (1) Any party to the proceedings under Section 9-A, aggrieved by an order of the Assistant Consolidation Officer or the Consolidation Officer under that section, may, within 21 days of the date of the order, file an appeal before the Settlement Officer, Consolidation, who shall after affording opportunity of being heard to the parties concerned, give his decision thereon which, except as otherwise provided by or under this Act, shall be final and not be questioned in any Court of law.

(2) The Settlement Officer, Consolidation, hearing an appeal under subsection (1) shall be deemed to be a Court of competent jurisdiction, anything to the contrary contained in any law for the time being in force notwithstanding.]

[11A. Bar on objection. - No question in respect of -

(i) claims to land,

(ii) partition of joint holdings, and

(iii) valuation of plots, trees, wells and other improvements, where the question is sought to be raised by a tenure-holder of the plot or the owner of the tree, well or other improvements recorded in the annual register under Section 10,

relating to the consolidation area,] [which has been raised under Section 9 or which might or ought to have been raised under that section], but has not been so raised, shall be raised or heard at any subsequent stage of the consolidation proceedings.

11B. [ *]

[11C. In the course of hearing of an objection under Section 9-A or an appeal under Section 11, or in proceedings under Section 48, the Consolidation Officer, the Settlement Officer (Consolidation) or the Director of Consolidation, as the case may be, may direct that any land which vests in the State Government or the Gaon Sabha or any other local body or authority may be recorded in its name, even though no objection, appeal or revision has been filed by such Government, Gaon Sabha, body or authority.]

[12. Decision of matters relating to changes and transactions affecting rights or interests recorded in revised records. - (1) All matters relating to changes and transfers affecting any of the rights or interests recorded in the revised records published under sub-section (1) of Section 10 for which a cause of action had not arisen when proceedings under Sections 7 to 9 were started or were in progress, may be raised before the Assistant Consolidation Officer as and when they arise, but not later than the date of notification under Section 52, or under sub-section (1) of Section 6.

(2) The provisions of Sections 7 to 11 shall mutatis mutandis, apply to the hearing and decision of any matter raised under sub-section (1) as if it were a matter raised under the aforesaid sections.]

[12A. Assessment of land revenue on new holdings and distribution of revenue on parts of holdings. - (1) Notwithstanding anything contained in the U.P. Zamindari Abolition and Land Reforms Act, 1950, the Settlement Officer, Consolidation, may, subject to the rules made in this behalf -

(a) determine the amount of land revenue payable by a tenure-holder on land on which he acquires rights as a result of orders passed under [ *] this Act, and

(b) where necessary, also determine the amount of land revenue payable in respect of a portion of the tenure-holder's holding.

(2) In assessing the amount of the land revenue payable under subsection (1), the provisions of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and the rules made thereunder shall mutatis mutandis apply.]

12B. [ *]

12C. [ *]

12D. Amalgamation of holdings. - Two or more tenure-holders may, at any time, before the publication of the revised annual register under sub-section (1) of Section 10, apply to the Consolidation Officer to amalgamate their holdings of like tenure on such terms as may be agreed upon between them. The Consolidation Officer may, if the proposed amalgamation is in the interest of consolidation, give effect to the same.

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s.4(1) The SG has power to declare consolidation proceedings.

s.4(2) The SG to issue a notification.

s.5(2) Abatement of proceedings on order passed by concerned court or authority.

s.8-A  

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UPHJS2018-III Edit

75. The effect of notification under Section 6 of the U.P. Consolidation of Holdings Act, 1953 is:
A. Bringing an area under consolidation operation
B. Area ceases to be under consolidation operation
C. Declaratory suits shall stand abated
D. To confer power upon the authorities to enter upon and survey land covered by the notification

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UPHJS2018-III Edit

76. The objections against Statement of Principles under the U.P. Consolidation of Holdings Act, 1953 are decided by:
A. Assistant Consolidation Officer
B. Consolidation Committee
C. Consolidation Officer
D. Land Management Committee

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UPHJS2018-III Edit

77. Doctrine of constructive res-judicata is enshrined under which Section of the U.P. consolidation of Holdings Act, 1953:
A. Section 11-A
B. Section 11-C
C. Section 9-A
D. Section 12-A

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UPHJS2018-II Edit

32. Which of the following proceedings will not abate upon publication of notification under sub-section (2) of Section 4 of the Uttar Pradesh Consolidation of Holdings Act, 1953 ?
(a) Proceeding for correction of revenue records
(b) Suit for cancellation of sale deed of the land defined under Section 3 (5) before the Civil Court

(c) Writ Petition pending before .High Court challenging the judgment of Board of Revenue passed in second appeal arising out of suit for partition under section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950
(d) Suit for injunction in respect of agricultural land situated beyond the consolidation area

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UPHJS2018-I Edit

48. Provision for abatement of suit, upon start of consolidation operation is
provided under:
(a) Section 4
(b) Section 5
(c) Section 6
(d) Section 8-A

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UPHJS2014 Edit

38. Order passed under sub-section (3) of Section 8 A of U.P. Consolidation of Holdings Act, 1953 is-
(A) Revisable
(B) Appealable
(C) Neither Appelable nor Revisable
(D) Final

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UPHJS2012 Edit

89. Section 11A of the UP. Consolidation of Holdings Act, 1953 bars-
(A) a fresh suit before civil Court
(B) a fresh suit before revenue court
(C) objection pertaining to title
(D) objection pertaining to allotment of chaks.

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UPHJS2009 Edit

38. Upon the publication of the notification under Sub-section (2) of Section 4 of the U.P. Consolidation of Holdings Act, 1953, no tenure holder shall use his holding or any part therefore for purposes not connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming except with the permission in writing of-
(A) Consolidation officer
(B) Deputy Director of Consolidation
(C) Settlement Officer of Consolidation
(D) Consolidation Commissioner

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UPHJS2009 Edit

39. In proceedings under the U.P. Consolidation of Holdings Act, 1953 which provisions amongst the following is not applicable-
(A) Section 5 of the Indian Limitation Act
(B) Chapter IX and X of U.P. Land Revenue Act, 1901
(C) Order XXI of Civil Procedure code
(D) Section 196 of Indian Penal Code

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UPHJS2016 Edit


1. (c) A Suit for declaration of bhumidhari rights is filed before the Revenue Court on 1-9-2015, in which an injunction order is also passed to the effect that the status quo as regards possession be maintained by the parties and the property be neither alienated nor its nature be changed in any manner. On 10-9-2016, a notification is issued under Section 4(2)(a) of the U.P. Consolidation of Holdings Act, 1953 declaring the village, in which the land in question situates, for being brought under Consolidation operations. The defendant in the declaratory Suit, in another proceedings pending before the Civil Court for permanent injunction, wherein he is the plaintiff, takes a plea in respect of the same land that on issuance of the notification under Section 4(2) of the Act, 1953, the proceedings in the declaratory Suit stood automatically abated.
Discuss as to whether the plea taken by the defendant before the Civil Court is tenable in view of the Provisions contained in Section 5(2) of the Act, 1953 15


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UPHJS2012 Edit


9. (a) Effects of notification under Section 4 (2) of the UP. IConsolidation of Holdings Act, 1953 are manifold. Discuss enumerating different consequences which ensue on publication of notification. 10

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UPHJS2012 Edit


9. (b) Whether after issuance of notification under Section 4 (2) of the UP. Consolidation of Holdings Act, 1953, the Land Management Committee can grant any lease under Sections 195 and 197 of the UP. Zamindari Abolition and Land Reforms Act, 1950? 10

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UPHJS2009 Edit


10. (a) Discuss the Statement of Principles prepared under the U.P. Consolidation of Holdings Act, 1953 . 10

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UPHJS2009 Edit


10. (b) What is the procedure prescribed under the U.P. Consolidation of Holdings Act, 1953 for disposal of the objections on the Statement of Principles? 10

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UPHJS2007 Edit


11. (a) What is the consequence of issuance of notification under Section 4(2) of the U.P. Consolidation of Holdings, Act, 1953? 15

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UPHJS2007 Edit


11. (b) What are the conditions which are required to be fulfilled in a Consolidation Scheme? 10

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6. (b) What is purpose of abatement of suit or other proceedings pending in any Court after publication of notification under Section 4 (2) of the U.P. Consolidation of Holdings Act ? Whether suits, appeals, executions and writ petitions all shall abate or there is exception ? Refer to relevant provisions of U.P. Consolidation of Holdings Act. 10

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7. (b) A tenure holder after issuance of notification under Section 4 (2) of the U.P. Consolidation of Holdings Act, 1953 transfers his land for brick kiln. What are the consequences? Answer referring to relevant provisions of the U.P. Consolidation of Holdings Act, 1953. 10


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---CH III PREPARATION OF CONSOLIDATION SCHEME SS. 13-23
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CHAPTER III

Preparation Of Consolidation Scheme

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13A. [ *]

13B. [ *]

13C. [ *]

13D. [ *]

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16B. [ *]

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[19. Conditions to be fulfilled by a Consolidation Scheme. - (1) A Consolidation Scheme shall fulfil the following conditions, namely, -

(a) the rights and liabilities of a tenure-holder, as recorded in the annual register prepared under Section 10, are, subject to the deductions, if any, made on account of contributions to public purposes under this Act, secured in the lands allotted to him;

(b) the valuation of plots allotted to a tenure-holder, subject to deductions, if any, made on account of contributions to public purposes under this Act is equal to the valuation of plots originally held by him :

Provided that, except with the permission of the Director of Consolidation, the area of the holding or holdings allotted to a tenure-holder shall not differ from the area of his original holding or holdings by more than twenty five per cent of the latter;

(c) the compensation determined under the provisions of this Act, or the rules framed thereunder, is awarded -

(1) to the tenure-holder -

(i) for trees, wells and other improvements, originally held by him and allotted to another tenure-holder, and

(ii) for land contributed by him for public purposes;

(2) to the Gaon Sabha, or any other local authority, as the case may be, for development, if any, effected by it in or over land belonging to it and allotted to a tenure-holder;

(d) the principles laid down in the Statement of Principles are followed;

(e) every tenure-holder is, as far as possible, allotted a compact area at the place where he holds the largest part of his holding :

Provided that no tenure-holder may be allotted more chaks than three, except with the approval in writing of the Deputy Director of Consolidation :

Provided further that no consolidation made shall be invalid for the reason merely that the number ofchaks allotted to a tenure-holder exceeds three;

(f) every tenure-holder is, as far as possible, allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots originally held by him there; and

(g) every tenure-holder is, as far as possible, allotted chaks in conformity with the process of rectangulation in rectangulation units.

(2) A Consolidation Scheme before it is made final under Section 23, shall be provisionally drawn up in accordance with the provisions of Section 19-A.]

[19A. Preparation of provisional Consolidation Scheme by the Assistant Consolidation Officer. - (1) The Assistant Consolidation Office shall in consultation with the Consolidation Committee, prepare in the form prescribed a provisional Consolidation Scheme for the unit.

(2) Notwithstanding anything contained in this Act, the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, or any other law for the time being in force, it shall be lawful for the Assistant Consolidation Officer, where in his opinion it is necessary or expedient so to do, to allot to a tenure-holder, after determining its valuation,] [any land belonging to the State Government, or] any land vested in the Gaon Sabha, or any other local authority, as a result of notification issued under Section 117 or 117-A of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 :

Provided that where any such land is used for a public purpose, it shall be allotted only after the Assistant Consolidation Officer has declared in writing that it is proposed to transfer the rights of the public as well as of all individuals in or over that land to any other land specified in the declaration and earmarked for that purpose in the provisional Consolidation Scheme.

[20. Publication of the provisional Consolidation Scheme and receipt of objections thereon. - (1) Upon the preparation of the provisional Consolidation Scheme, the Assistant Consolidation Officer shall send, or cause to be sent, to the tenure-holders concerned and persons interested, notices containing relevant extracts therefrom. The provisional Consolidation Scheme shall thereafter be published in the unit.

(2) Subject to the provisions contained in Section 11-A, any person to whom notice has been sent under sub-section (1) and any other person affected by the provisional Consolidation Scheme, disputing the propriety or correctness of the entries in the provisional Consolidation Scheme, or in the extracts furnished therefrom may, within fifteen days of the receipt of the notice, or of the date of the publication of the provisional Consolidation Scheme, as the case may be, file an objection before the Assistant Consolidation Officer or the Consolidation Officer.

(3) Any person affected, or any person having any interest or right, in addition to the right of public highway, in or over any public land, or having other interest or right which is substantially prejudiced by the declaration made under sub-section (2) of Section 19-A, may within fifteen days after the publication of the provisional Consolidation Scheme, file an objection before the Assistant Consolidation Officer or the Consolidation Officer stating the nature of such interest or right.]

  1. Disposal of objection on the statement.- [(1) All objections received by the Assistant Consolidation Officer shall, as soon as may be, after the expiry of the period of limitation prescribed therefor, be submitted by him to the Consolidation Officer, who shall dispose of the same, as also the objections received by him, in the manner hereinafter provided after notice to the parties concerned and the Consolidation Committee.]

(2) Any person aggrieved by the order of the Consolidation Officer under sub-section (1) may within[15] days of the date of the order, file an appeal before the Settlement Officer, Consolidation whose decision shall, except as otherwise provided by or under this Act be final.

[(3) Disposal of objections to the provisional Consolidation Scheme. - The Consolidation Officer shall, before deciding the objections, and the Settlement Officer, Consolidation, may, before deciding an appeal, make local inspection of the plots in dispute after notice to the parties concerned and the Consolidation Committee.]

[(4) If, during the course of the disposal of an objection or the hearing of an appeal, the Consolidation Officer or the Settlement Officer, Consolidation, as the case may be, is of the opinion that material injustice is likely to be caused to a number of tenure-holders in giving effect to the provisional Consolidation Scheme, as prepared by the Assistant Consolidation Officer, or as subsequently modified by the Consolidation Officer, as the case may be, and that a fair and proper allotment of land to the tenure-holders of the units is not possible without revising the provisional Consolidation Scheme, or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing, for -

(i) the Consolidation Officer to revise the provisional Consolidation Scheme, after giving opportunity of being heard to the tenure- holders concerned, or to remand the same to the Assistant Consolidation Officer, with such directions as the Consolidation Officer may consider necessary; and

(ii) the Settlement Officer, Consolidation, to revise the provisional Consolidation Scheme, after giving opportunity of being heard to the tenure-holders concerned or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer, as the Settlement Officer, Consolidation, may think fit, with such directions as he may. consider necessary.]

(5) [ *]

(6) [ *]

  1. [ *]
  2. Confirmation of the provisional Consolidation Scheme and the issue of allotment orders.- (1) The Settlement Officer, Consolidation, shall confirm the provisional Consolidation Scheme -

(a) if no objections are filed within the time specified in Section 20; or

(b) where such objections are filed, after such modifications or alterations as may be necessary in view of the orders passed under subsections (1) to (4) of Section 21.

(2) The provisional Consolidation Scheme so confirmed shall be published in the unit and, except as otherwise provided by or under this Act, shall be final.

(3) (i) Where the allotments made under Section 19-A are not modified under Section 21 and are confirmed under sub-section (1), the extracts contained in the notice issued under Section 20, shall[, except as provided by or under the Act] be treated as final allotment orders for the tenure-holders concerned.

(ii) In cases not covered by clause (i), revised extract specifying the modified allotments, as confirmed under sub-section (1), shall be issued by -

(a) the Consolidation Officer, where the allotments are not modified by the Settlement Officer, Consolidation, and

(b) by the Settlement Officer, Consolidation, where he has modified the allotments,

and the same [, except as otherwise provided by or under this Act,] shall be the final allotment orders for the tenure-holders concerned.

UPHJS2016 Edit

41. The area of holding allotted to a tenure holder shall not differ except with the permission of Director of Consolidation from the area of his original holding by more than :
(a) 10% (b) 20%
(c) 25% (d) 40%

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UPHJS2016 Edit

44. In an consolidation scheme no tenure holder except with the permission of Deputy Director of Consolidation may be allotted more than :
(a) 5 Chaks
(b) 4 Chaks
(c) 3 Chaks
(d) 2 Chaks

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UPHJS2014 Edit


15. The land reserved for a public purpose during consolidation operations cannot be subjected to change of user except under certain conditions and subject to the case law permitting such change of user. Explain the position of law with reference to decided cases. 10


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---CH IV ENFORCEMENT OF THE SCHEME SS. 24-36A
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CHAPTER IV Enforcement Of The Scheme

[24. Possession and accrual of compensation for trees, etc. - (1) The Settlement Officer, Consolidation, shall fix the date, to be notified in the unit, from which the] [final Consolidation Scheme] shall come into force. On and after the said date a tenure-holder shall be entitled to enter into possession of the plots allotted to him.

(2) On and from the date of obtaining possession every tenure-holder getting trees, wells and other improvements existing on the plots allotted to him in pursuance of the enforcement of the [final Consolidation Scheme]shall be liable for the payment of and pay to the former tenure-holder thereof, compensation for the trees, wells and other improvements, allotted to him, to be determined in the manner hereinbefore provided.

  1. [ *]
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26A. [ *]

[27. New revenue records. - (1) As soon as may be, after the final Consolidation Scheme has come into force, the District Deputy Director of Consolidation shall cause to be prepared for each village, a new map, field-book and record of rights in respect of the consolidation area, on the basis of the entries in the map, as corrected under Section 7, the Khasra chakbandi, the annual register prepared under Section 10 and the allotment orders as finally made and issued in accordance with the provisions of this Act. The provisions of the Uttar Pradesh Land Revenue Act, 1901, shall, subject to such modifications and alterations as may be prescribed, be followed in the preparation of the said map and records.]

[(2) All entries in the record of rights prepared in accordance with the provisions of sub-section (1) shall be presumed to be true until the contrary is proved.

(3) After the issue of notification under Section 52, the Collector shall, instead of the map, field-book and record-of-rights previously maintained by him, maintain the map, field-book and record of rights prepared in accordance with the provisions of sub-section (1)] [and the provisions of the U.P. Land Revenue Act, 1901, relating to the maintenance and correction of such map, field-book and record-of-rights shall mutatis mutandis apply].

[28. Delivery of possession. - (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,]; and for so doing shall have all the powers, including powers as regards contempt, resistance and the like as are exercisable by a Civil Court in execution of a decree for delivery of possession of immovable property :

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 Consolidation 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 persons who have 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 months from the date on which a tenure-holder or Land Management Committee [or the State Government] became entitled to enter into possession of the chak or lands allotted, whether before or after the coming into force of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1962, 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 [or the State Government] as the case may be, shall, unless possession has been obtained earlier, be deemed to have entered into actual physical possession of the allotted chak or lands ;

Provided that the fact that a tenure-holder or Land Management Committee [or the State Government] has thus entered into 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.

  1. Compensation.- (1) Where possession over standing crops also is delivered under Section 28, the Assistant Consolidation Officer shall determine in the manner prescribed the compensation payable in respect of such crops by the tenure-holder put in possession [ *].

[(1A) Any person aggrieved by an order under sub-section (1) may, within fifteen days of the date of the order, prefer an appeal before the Consolidation Officer, whose decision thereon shall be final.]

(2) [ *]

(3) [ *]

OLD LAW 6

[29A. Recovery of compensation. - (1) Where a tenure-holder from whom compensation is recoverable under this Act, fails to pay the same within the period prescribed therefor, the person entitled to receive it, may in addition to any other mode of recovery open to him, apply to the Collector within such time as may be prescribed to recover the amount due on his behalf as if it were an arrear of land revenue payable to Government.

(2) Where any compensation payable under this Act is not paid whether in whole or in part within three months of the date] [of obtaining possession under Section 24, or Section 28 as the case may be] interest at the rate of 6 per cent per annum shall be charged on the amount not so paid.

[29AA. Reduction of land revenue on account of contribution of land for public purposes. - (1) Where, as a result of contribution for public purposes under the provisions of Section 8-A, the area of the original holding of a tenure-holder is reduced, the land revenue payable for the holding shall be reduced by the Assistant Consolidation Officer in the same proportion as the area so contributed bears to the original total area of the holding, and the reduced land revenue shall be shown in the provisional Consolidation Scheme.

(2) A tenure-holder aggrieved by the reduction made under sub-section (1) may, within 15 days of the date of publication of the provisional Consolidation Scheme under Section 20, file an objection before the Assistant Consolidation Officer or the Consolidation Officer for getting the reduction of the land revenue determined in accordance with the provisions of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.]

[29B. Compensation for land contributed by tenure-holders for public purposes. - (1)(a) Every tenure-holder, any part of whose holding has been contributed for public purposes under this Act, shall be paid for the land so contributed, compensation equal to -]

(i) in the case of land of a [bhumidhar with transferable rights], four times, and

(ii) in the case of land of a [bhumidhar with non-transferable rights], two times of the land revenue reduced under Section 29-AA.

(b) In the case of trees, wells and other improvements, falling within the land so contributed, the amount of compensation shall be determined in accordance with the provisions of Section 19.

(2) The compensation payable to a tenure-holder shall, after adjustment of the cost of operations under this Act, if any, be paid to him in cash.

(3) Where any land, in respect of which compensation is paid under sub-section (1), is in the occupation of an asami, there shall be paid to the asami, out of the compensation payable to the[bhumidhar with transferable rights or bhumidhar with non-transferable rights], as the case may be, an amount equal to 5 per cent of such compensation in respect of the right, the title and interest of the asami therein.

[29C. Vesting of land contributed for public purposes. -] [(1) The land contributed for public purposes under this Act shall, with effect from the date on which the tenure-holders became entitled to enter into possession of the chaks allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gaon Sabha] [in an area in which Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applies and in the State Government in any other area] and shall be utilised for the purpose for which it was earmarked in the final Consolidation Scheme, or in case of failure of that purpose, for such other purposes as may be prescribed.

[(2) The provisions of Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951), shall mutatis mutandis apply to such land] [vested in the Gaon Sabha] as if the land had vested in the Gaon Sabha by virtue of a declaration made by the State Government under sub-section (1) of that section, and as if the declaration were made subject to the conditions respecting utilisation specified in sub-section (1) of this section.

(3) [ *]

[30. Consequences which shall ensue on exchange of possession. - With effect from the date on which a tenure-holder enters, or is deemed to have entered into possession of the chak allotted to him, in accordance with the provisions of this Act, the following consequences shall ensue -

(a) the rights, title, interest and liabilities -

(i) of the tenure-holder entering, or deemed to have entered into possession, and

(ii) of the former tenure-holder of the plots comprising the chak, in their respective original holdings shall cease; and

(b) the tenure-holder entering into possession, or deemed to have entered into possession, shall have in his chak the same rights, title, interest and liabilities as he had in the original holdings together with such other benefits of irrigation from a private source, till such source exists, as the former tenure-holder of the plots comprising the chak had in regard to them;

(c) lands vested in the Gaon Sabha, or any local authority and allotted to the tenure-holder shall be deemed to have been resumed by the State Government under the provisions of Section 117 or Section 117-A, as the case may be, of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, and settled with the tenure-holder;

(d) the rights of the public as well as all individuals in or over land included in a chak following a declaration made under the proviso to sub-section (2) of Section 19-A shall cease and be created in the land specified for the purpose in the final Consolidation Scheme; and

(e) the encumbrances, if any, upon the original holding of the tenure-holder entering, or deemed to have been entered, into possession, whether by way of lease, mortgage or otherwise, shall, in respect of that holding, cease, and be created on the holdings, or on such part thereof, as may be specified in the final Consolidation Scheme.]

  1. [ *]
  2. Power to transfer holdings.- A transfer, whether by exchange or otherwise, of rights, title, interest and liabilities of tenure-holders in their holdings, involved in giving effect to the final Consolidation Scheme affecting them shall, notwithstanding anything contained in the Uttar Pradesh Land Revenue Act, 1901, and the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, be valid, and no tenure-holder or other person shall be entitled to object to or interfere with any such transfer.

OLD LAW 6

[33. Costs. -] [(1) The State Government shall fix the amount of the cost of the operations conducted under the Act and shall recover from the tenure-holders of the unit such part thereof and in such manner as may be prescribed.]

[(2) If the State Government so decides, it may order that specified amount be recovered in advance in the manner prescribed, as the first instalment of the cost of][the said operation].

(3) Any amount payable as cost under this section shall be recoverable as arrears of land revenue.

  1. [ *]
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36A. [ *]


---CH V MISCELLANEOUS SS. 37-54
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CHAPTER V Miscellaneous

  1. [ *]
  2. Powers to enforce attendance of witnesses and in certain matter.- (1) [The Director of Consolidation and Deputy Director Consolidation], Settlement Officer Consolidation, Consolidation Officer and Assistant Consolidation Officer shall have all such powers and rights and privileges as are vested in a Civil Court on the occasion of any action, in respect of the following matters -

(a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise and the issue of a commission or request to examine witnesses abroad;

(b) compelling anyone for the production of any document;

(c) the punishing of persons guilty of contempt, and a summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and compelling the production of document.

(2) [ *]

  1. Powers for production of documents, etc.- (1) Subject to any conditions or restrictions that may be prescribed, the [Director of Consolidation, Deputy Director Consolidation], Settlement Officer Consolidation, Consolidation Officer or Assistant Consolidation Officer may, by written order, require any person to produce such documents, papers and registers or to furnish such information as he may deem necessary for the proper exercise of his powers or the proper discharge of his duties under this Act.

(2) Every person required to produce any document, paper or register or to furnish an information under this section shall be deemed legally bound to do so within the meaning of Sections 175 and 176 of the Indian Penal Code.

  1. Proceeding before Settlement Officer, Consolidation, Consolidation Officer and Assistant Consolidation Officer to be judicial proceedings.- A proceeding before a [Director of Consolidation, Deputy Director, Consolidation], Settlement Officer, Consolidation, Consolidation Officer and Assistant Consolidation Officer shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 and for purposes of Section 197 of the Indian Penal Code.
  2. Application of U.P. Land Revenue Act, 1901.- Unless otherwise expressly provided by or under this Act, the provisions of chapters IX and X of the U.P. Land Revenue Act, 1901 shall apply to all proceedings including appeal and applications under this Act.

[41A. Affidavits. - Affidavits to be filed in any proceedings under the Act, including an appeal or revision, shall be made in the same manner and conform to the same requirements as affidavits filed under the Code of Civil Procedure, 1908 and may by verified by any officer or other person appointed by the High Court under clause (b) or by an officer appointed by any other Court under clause (c) of Section 139 of the said Code.]

[42. Officers and authorities. -] [(1) The State Government may appoint such authorities and officers, and for such areas, as may be necessary, to give effect to the provisions of this Act.]

(2) The District Deputy Director of Consolidation may, subject to such directions as the Director of Consolidation may issue from time to time, demarcate the circles to be assigned to Consolidation Lekhpals, Consolidators and other authorities appointed for the district under sub-section (1).

[42A. Correction of clerical or arithmetical errors. - Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Settlement Officer, Consolidation, is satisfied that a clerical or arithmetical error apparent on the face of the record exists in any document prepared under any provision of this Act, he shall, either on his own motion, or on the application of any person interested, correct the same.]

  1. [ *]

[44. Delegation. - The State Government may, by notification in the Official Gazette, and subject to such restrictions and conditions as may be specified in the notification :

(i) delegate to any officer or authority any of the powers conferred upon it by this Act; and

(ii) confer powers of the Director of Consolidation, Deputy Director, Consolidation, the Settlement Officer, Consolidation, and the Consolidation Officer under this Act or the rules made thereunder, on any officer or authority.]

[44A. Powers of subordinate authority to be exercised by a superior authority. - Where powers are to be exercised or duties to be performed by any authority under this Act or the rules made thereunder, such powers or duties may also be exercised or performed by any authority superior to it.]

  1. Powers of officer to enter upon land for purpose of survey and demarcation.- The officer mentioned in [this Act] or any person acting under the orders of any one of them, may in the discharge of any duty under this Act enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty.

[45A. Penalty for contravening provisions of Section 5. - (1) Any person contravening the provisions of Section 5(c)(i) shall, on conviction by a Court of competent jurisdiction, be liable to a fine not exceeding rupees one thousand.

(2) A transfer made in contravention of the provisions of Section 5(c)(ii) shall not be valid or recognized; anything contained in any other law for the time being in force to the contrary notwithstanding.]

  1. Penalty for destruction, injury to or removal of survey [or boundary] marks - (1) If any person destroys wilfully or injures or removes without lawful authority a survey [or boundary] mark lawfully erected, he may be ordered by a Consolidation Officer to pay such compensation not exceeding [one thousand rupees] for each mark so destroyed, injured or removed, as may in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal.

(2) The orders for the payment of compensation under sub-section (1) shall not bar a prosecution under Section 434 of the Indian Penal Code.

  1. Appeals, etc., to be allowed by Act.- No appeal and no application for revision shall lie from any order passed under the provisions of this Act except as provided by or under this Act.

[48. Revision and reference. - (1) The Director of Consolidation 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] [other than an interlocutory order] passed by such authority in the case or proceedings, may, after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.

(2) Powers 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 Consolidation 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).

[Explanation. -] [(1)] For the purposes of this section, Settlement Officers, Consolidation, Consolidation Officers, Assistant Consolidation Officers, Consolidator and Consolidation Lekhpals shall be subordinate to the Director of Consolidation.

Explanation (2) - For the purposes 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 proceeding or collateral thereto as does not have the effect to 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.]

[48A. Special provisions with respect to evacuee property. - (1) Notwithstanding anything contained in the foregoing provisions of this Act -

(a) no decision of the Custodian, Evacuee Property (hereinafter in this section referred to as the Custodian) in relation to title to any land vested in him as evacuee property under the provisions of the Administration of Evacuee Property Act, 1950, shall be called in question and varied or reversed by any officer or authority under this Act; and

(b) nothing in this Act shall be construed as requiring the Custodian to stay any proceedings in relation to title to any such land pending before him on the date of the coming into force of those provisions of this Act under which proceedings in relation to title to land are required to be stayed or as empowering the Consolidation Officer or any other officer or authority to refer for determination of any question of title in relation to such land involved in any proceedings pending before the Custodian on such date.

(2) Where as a result of consolidation operation in any village -

(a) lands, which are vested as evacuee property in the Custodian under the provision of the Administration of Evacuee Property Act, 1950, are included in holdings which are not vested in the Custodian as evacuee property, such lands shall, on and from the date of the coming into force of the consolidation scheme, cease to be so vested in the Custodian, and the provisions of the said Act shall thereupon cease to apply in relation thereto; and

(b) in lieu of such lands, corresponding lands shall be included in holdings which are vested in the Custodian as evacuee property, and such lands shall, on and from the date of the coming into force of the Consolidation Scheme, be deemed to be evacuee property declared as such within the meaning of the aforesaid Act and be vested in the Custodian and the provisions of the said Act shall thereupon apply, so far as may be, in relation to such lands.]

[48B. Exchange of possession. - (1) Where change of possession becomes necessary amongst tenure-holders including the Land Management Committee of the Circle as a result of orders passed under] [ *] Section 48, it shall be lawful for them to exchange possession amongst themselves in accordance with such orders.

(2) Where change of possession cannot be affected by mutual arrangement, the Assistant Consolidation Officer shall effect delivery of possession to such tenure-holders and Land Management Committee in accordance with the provisions of Section 28.

  1. Bar to civil Courts jurisdiction.- Notwithstanding anything contained in any other law for the time being in force, the declaration and adjudication of right of tenure-holder in respect of land lying in an area, for which a [notification] has been issued [under sub-section (2) of Section 4] or adjudication of any other right arising out of consolidation proceedings and in regard to which a proceeding could or ought to have been taken under this Act, shall be done in accordance with the provisions of this Act and no Civil or Revenue Court shall entertain any suit or proceeding with respect to rights in such land or with respect to any other matters for which a proceeding could or ought to have been taken under this Act :

[Provided that nothing in this section shall preclude the Assistant Collector from initiating proceedings under Section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 in respect of any land, possession over which has been delivered or deemed to be delivered to a Gaon Sabha under or in accordance with the provisions of this Act.]

OLD LAW 6

[49A. Protection of action taken under this Act or rules made thereunder. - No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder.]

  1. Exemption from court-fee.- No court-fee shall be payable on any application made or any document filed, with the exception of a Vakalatnama, in any suit or proceedings under the provisions of this Act.

OLD LAW 6

  1. Instrument not necessary to effect transfer.- Notwithstanding anything contained in any other law for the time being in force, no instrument in writing shall be necessary for effecting a transfer of holdings involved in giving effect to a final Consolidation Scheme nor shall any such instrument, if executed, require registration.

OLD LAW 6

  1. Close of consolidation operations.- (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 a part of the unit]shall then cease to be under consolidation operations :

[Provided that the issue of the notification under this section shall not affect the powers of the State Government to fix, distribute and record the cost of operations under this Act.]

[(1A) 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) 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 of 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 operation shall, for that purpose, be deemed to have not been closed.]

[(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 provisions 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 be entitled, during consolidation proceeding, to land equivalent in valuation to the said land.]

OLD LAW 6

[52A. Special Provisions for Chak Roads and Chak Guls. - (1) In the case of a unit in relation to which a notification under sub-section (1) of Section 52 has been issued before the commencement of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1970, the Collector may, if he is of opinion that there exists no provision or inadequate provision of Chak Roads or Chak Guls in the unit and shall, if a representation in that behalf by not less then ten per cent of the total number of tenure-holders is made to him within six months of the said commencement, proceed to take action under sub-section (2), anything to the contrary contained in Section 52 notwithstanding.

(2) The Collector shall cause a notice of the proposal to take action under this section and also of the representation, if any, received under sub-section (1) to be given in the unit by beat of drum and in such other manner, if any, as he thinks fit, and direct any Consolidation Officer to inspect the locality and take reasonable steps to ascertain the wishes of the tenure-holders, or, as the case may be, of such of them as have not joined in the representation, and to make such other inquiry into the matter as he thinks fit.

(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 be, 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-holders 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 utilising 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) The re-arrangement of Chaks should be made only to the extent it is really necessary for making provision of Chak Roads and Chak Guls with the minimum possible dislocation in the Consolidation Scheme already confirmed.

(5) The draft plan prepared under sub-section (4) shall be published in die 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.

(c) 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 lawful, 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 accordance 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

(b) where such objections are filed, after such modifications or alterations, as may be necessary, in view of the orders passed on objections and appeals 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.]

[53. Mutual exchange of chaks between tenure-holders. - It shall be lawful for the Settlement Officer, Consolidation, at any stage of the consolidation proceedings but before the preparation of the final records under Section 27, to allow mutual exchange of chaks or part thereof] [by agreement] between the tenure-holders where he is satisfied that the exchange will improve the shape of chaks, or reduce their number and generally lead to greater satisfaction amongst them.

[53A. Recognition of consolidation scheme prepared by tenure-holders. - (1) The Deputy Director, Consolidation may recognize a] [Consolidation Scheme] in respect of a village, whether within or without a consolidation area, prepared voluntarily by the tenure-holders of the village, where he is satisfied that it conforms to the broad principles of consolidation under this Act, and has the support of all the tenure-holders concerned and is otherwise fair to all concerned.

(2) The [Consolidation Scheme] recognized under sub-section (1) shall be deemed to have been prepared and confirmed under the provisions of this Act; and shall be enforced thereunder.

[53B. Limitation. - The provisions of Section 5 of the Limitation Act, 1963, shall apply to the applications, appeals revisions and other proceedings under this Act or the rules made thereunder.]

  1. Rules.- (1) The State Government [may by notification in the Gazette make rules]for the purposes of carrying into effect the provisions of this Act.

[(2) Without prejudice to the generality of foregoing power, such rules may provide for -]

(a) the form of [notification] [under sub-section (2) of Section 4];

(b) the constitution of Consolidation Committee under Clause (2-AA) of Section 3, determination of the terms of members of the Consolidation Committee and action to be taken on a vacancy occurring therein;

(c) the procedure for the disposal of suits and proceedings stayed under Section 5;

[(cc) the conditions to be observed by the Settlement Officer, Consolidation in granting permission referred to in clause (c) of sub-section (1) of Section 5, for transfer of holdings in the Consolidation area;]

(d) procedure relating to the revision of maps and records including declaration of rights, partition of joint holdings, valuation of plots, determination and apportionment of compensation of plots, determination and apportionment of compensation for wells, trees and other improvements and the preparation and publication of the Statement of Principles under Sections 7 to 11 and 12;

(e) the determination of land revenue over new holdings and distribution thereof on the portions of old holding under Section 12-A;

[(f) procedure relating to amalgamation of holding under Section 12-D;

(g) the procedure and the manner relating to the preparation, publication and confirmation of the Consolidation Scheme under Sections 19-A, 21 and 23;

(h) the procedure and the manner of issue of allotment orders under Section 23;]

(i) the procedure and the manner in which the views of the Consolidation Committee shall be obtained on matters specified for this purpose;

(j) the determination of the public purpose for which areas may be earmarked and the manner in which this shall be done;

(k) the matter relating to transfer of rights from the public land to other land earmarked for public purposes;

(l) the procedure for entering into possession under Sections 24 and 28;

(m) the procedure and the manner for determination of compensation to be paid to, or recovered from any person under this Act;

(n) the circumstances and the matters which shall be taken into consideration in distributing the cost of consolidation, including the proportion in which the distribution may be made;

(o) the matters relating to the mode of service of notice or documents under this Act;

(p) the procedure to be followed in all proceedings including applications and appeals under this Act;

(q) the duties of any officer, or authority having jurisdiction under this Act and the procedure to be followed by such officer and authority;

(r) the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf has been made therein;

(s) imposing limits of time within which things to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed;

(t) the transfer of proceedings from one authority or officer to another; and

(u) any other matter which is to be, or may be prescribed.

[(3) All rules made under this section shall, as soon as, may be, after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than thirty days comprised in its one session, or two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two Houses of the Legislature may, during the said period agree to make so, however, that any such modification or annulment shall he without prejudice to the validity of anything previously done thereunder.]

UPHJS2018-III Edit

78. Which of these is incorrect –
Power of revision under Section 48 of the U.P. Consolidation of Holdings Act, 1953 can be exercised:
A. On application of aggrieved person
B. On reference by any subordinate authority
C. To correct error of law only
D. To correct error of law as well as fact

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UPHJS2018-II Edit

34. Which provision of the Uttar Pradesh Consolidation of Holdings Act, 1953 creates a bar on the jurisdiction of Civil and Revenue Courts to entertain claims with respect to rights which could or ought to have been agitated under the Act?
(a) Section 5 (2) (b) Section 9
(c) Section 49 (d) Section 52

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UPHJS2018-I Edit

47. Consolidation operations in a stillage close with issuance of notification under which provision of the U.P. Consolidation of Holdings Act, 1963;
(a) Section 48
(b) Section 52
(c) Section 53
(d) Section 54

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UPHJS2018-I Edit

49. Director of Consolidation exercise power of :
(a) Review only
(b) Reference onlyy
(c) Both Revision and Reference
(d) Power of appeal

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UPHJS2014 Edit

39. Which Section of U.P. Consolidation of Holdings Act Provides correction of clerical or arithmetical errors.
(A) Section 41 A
(B) Section 44 A
(C) Section 42 A
(D) None of the above

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UPHJS2014 Edit

40. What is the limitation provided under section 52 of the U.P. Consolidation of Holdings Act, 1953 for moving representation by the tenure holders for Chak road and chak gul after notification issued under sub-section (1) of section 52 of the Act.
(A) 90 days
(B) 30 days
(C) Six month
(D) None of the above

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UPHJS2014 Edit

41. What is the minimum percentage of total number of tenure holders on whose representation the collector can provide chak road or chak gul after notification under sub section (1) of section 52 of the U.P. Consolidation of Holding Act, 1953
(A) Twenty percent
(B) Fifty percent
(C) Ten percent
(D) None of the above

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UPHJS2014 Edit

42. Which full bench decision of this court has held Deputy Director of Consolidation has no power of review his judgement.
(A) Ram Kumar V. State of U.P. & others 2005 (99) RD 823
(B) Smt Guddi V. State of U.P. & others 1997 2 UPLBEC 872
(C) Smt. Shiv Raji and others v. Deputy Director of Consolidation and others 1997 (88) RD 562
(D) Daya Ram Singh v. State of U.P. 2007 (3) ESC 1760

Answer

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UPHJS2014 Edit

42. Which full bench decision of this court has held Deputy Director of Consolidation has no power of review his judgement.
(A) Ram Kumar V. State of U.P. & others 2005 (99) RD 823
(B) Smt Guddi V. State of U.P. & others 1997 2 UPLBEC 872
(C) Smt. Shiv Raji and others v. Deputy Director of Consolidation and others 1997 (88) RD 562
(D) Daya Ram Singh v. State of U.P. 2007 (3) ESC 1760

Answer

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UPHJS2012 Edit

90. Section 52-A of the U.R Consolidation of Holdings Act, 1953 empowers the-
(A) Director of Consolidation to make provisions for chak roads or chak guls
(B) Deputy Director of Consolidation to provide for chak roads or chak guIs
(C) Collector to provide for chak roads or chak guls
(D) Settlement Officer Consolidation to provide for chak roads or chak guls.

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UPHJS 2020 Edit

11. What is the minimum percentage of total number of tenure holders on whose representation the Collector can chak road or chak gul after notification under Sub-section (1) of section 52-A of the Consolidation of Holdings Act, 1953-

(A) Twenty percent
(B) Fifty percent
(C) Ten percent
(D) None of the above

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UPHJS2014 Edit


14. What is the scope and extent of the bar as contained in Section 49 of the UP. Consolidation of Holdings Act, 1953 and whether such a bar would operate even if the judgment of a consolidation court has been obtained by fraud or misrepresentation and what are the statutory / legal exceptions to such bar? 10


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UPHJS2009SPL Edit


7. (a) Consolidation proceedings were over in a village by issue of notification under Section 52 , of the U.P. Consolidation of Holdings Act, 1953 without making any provision of Chak road. Whether tenure holders can get a Chak road ? If yes, in what number they have to apply ? To which authority they have to approach and what procedure is to be followed on any such application ? Answer referring to relevant provisions. 10

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