Jammu and Kashmir Consolidation of Holdings Rules, 1962 Contents 1. 2. 3. 4.
Short title Commencement Definitions
5. 6. CHAPTER II 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.
18. 19. 21. 22. 23. 25. 26. CHAPTER III 27. 28. 29. 30. 31. 31.
33. 35 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47.
48. CHAPTER IV 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60.
61. 62. 63. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75.
76. 77. 78. 80. 81. 82. 83. 84. 85. 86. 87. 88. 89.
Jammu and Kashmir Consolidation of Holdings Rules, 1962 Revenue and Rehabilitation Department Notification SRO-13
Dated 10th January, 1963 In exercise of the powers conferred by section 62 of the Jammu and Kashmir Consolidation of Holdings Act, 1962 (V of 1962), the Government hereby make the following rules, the same having previously been published as required by sub-section (3) of section 62 of the said Act, namely:—
1.
Short title
These rules may be called the Jammu and Kashmir Consolidation of Holdings Rules, 1962.
2. Commencement They shall come into force at once.
3.
Definitions
In these rules, unless the context otherwise requires.1 "Act" means the Jammu and Kashmir Consolidation of Holdings Act, 1962; .2 "Form" means a Form appended to these rules; 3. "section" means a section of the Act; 4. "standard plots of a unit" means the plots determined as such under the provisions of rule 17(b);
5. "exchange ratio" means the proportionate value per kanal or acre of a plot relative to the value of a kanal or an acre of standard plots of the unit taking the value of a kanal or an acre of such standard plots to be one hundred paise.
Explanation: — The exchange ratio of all plots shall be expressed in whole paisa. 4. (1) Separate Consolidation Committees, with an elected strength of not less than 5 or more than 7 members, shall be constituted for
each unit. The actual strength of the Committee for each unit and the members to be nominated shall be fixed by the Settlement Officer (Consolidation) after taking into consideration the population of the tenure-holder of the unit. (2) The names of the members elected or nominated, as the case may be, shall be published in the unit as and when they are elected or nominated. (3) The Consolidation
members of the Committee shall
preferably be literate and must be not below 21 years of age. (4) The Consolidation Committee of a unit shall elect a Chairman from amongst its members. )5( The election to the Consolidation Committee shall be conducted by the Consolidation NaibTehsildar after prior notice to the tenure-holders of the unit by beat of drum of the date and place. Any person aggrieved by the conduct of the election by the Consolidation Naib-Tehsildar may,
within fifteen days of the date of election, file an objection before the Settlement officer (Consolidation) whose decision thereon shall be final. )6( The Consolidation Committee so constituted shall function till the issue of the notification under section 6 (1) or under section 61 of the Act, unless it is reconstituted or some other authority is appointed in its place under the provisions of section 49. 5. In effecting service of the notice giving information of the date of the
publication in the unit of a document, the Serving Officer may, where the member of the Consolidation Committee is not present at his residence at the time of service or where he cannot be found after using all due and reasonable diligence, effect service by affixation of the notice on the outer door or some other conspicuous part of the house in which he ordinarily resides or carries on business or personally works for gain. 6. (1) The Consolidation Naib-
Tehsildar shall, in consultation with the Consolidation Committee, appoint guardians for purposes of proceedings under the Act of such tenure-holders as are minors, idiots, and lunatics unless such guardians have already been appointed by order of a competent court. )2( The guardians shall as far as possible, be the nearest male relatives of the persons for whom they are appointed and shall not possess an interest adverse to that of their wards.
)3( A list of all such guardians together with the names of their wards shall be published in the estate and any person interested in the ward may file an objection against such appointment before the Consolidation Tehsildar within fifteen days of such publication, whose orders shall, subject to the confirmation by the Settlement Officer (Consolidation), be final.
CHAPTER II 7. The declaration under section 4 may be published in Form 1. 8. (1) In view of the fact that the map, the Khasra Girdawari and the Jamabandi of each estate under consolidation operations shall be thoroughly revised under the provisions of sections 7 and 8 of the Act before a Scheme of Consolidation is prepared for a unit, it will not be necessary for the Collector to get these records prepared during the period an estate remains under
Consolidation operations. In order to maintain the existing record-ofrights, the Settlement Officer (Consolidation) shall cause to be brought up to date the records published under section 11 by getting all orders relating to changes and transfers affecting any of the rights or interests recorded in the Jamabandi, which are passed under section 12 noted in red ink in the Jamabandi until a fresh record-of rights is prepared under section 32. (2) Rabi and Kharif Girdawari for
the determination of agricultural statistics shall be carried out by the Consolidation Patwari during the period an estate remains under consolidation operations. Results will be recorded by him in the appropriate columns of the Statement in Form 3 for the basic year and in appropriate columns of [1] the fair copy of the [Khasra [2] Girdawari] for other years. [***] R a b i and Kharif Jinswars shall be prepared by the Consolidation Patwari, and after being checked by
the Consolidation Girdawar they will be forwarded to the Tehsildar by the date prescribed for the purpose for incorporation in the relevant statistical returns of the tehsil. The figures for other usual prescribed returns for the latest year in respect of which they may have been prepared before the start of the consolidation operations will be repeated during the years the estates remain under consolidation operations. 9.
The
Settlement
Officer
(Consolidation) shall grant the permission referred to in section 5(d) (ii) of the Act unless, for reasons to be recorded in writing, he is satisfied that the proposed transfer is likely to affect adversely the scheme of consolidation. 10. The declaration made under section 4 may, among other reasons, be cancelled in respect of the whole or any part of the area on one or more of the following grounds, viz., that— (a)
the area is under a
development scheme of such a nature as when completed would render the consolidation operations inequitable to some of the tenure-holders; (b) the holdings of the estate are already consolidated for one reason or the other and the tenure-holders are generally satisfied with the present position; (c) a Co-operative Society has been formed for carrying out cultivation in the area after pooling all the land of the area for
this purpose. 11. (a) The estate map of the unit placed under consolidation operations shall be revised either— (i) by the ordinary method of map correction in which e ach field as shown in the map is compared with its shape and size on the spot and, where, necessary, the shape and size a r e corrected after necessary measurements, or (ii) by a complete professional survey (resurvey).
The Settlement Officer (Consolidation) shall, therefore, if he h a s not already got the necessary information with him, get enquiries made into the condition of estate maps of all units placed under consolidation operations in his area and select estates for bringing the maps up to date by either of the two methods indicated above. He shall then proceed to get the maps revised accordingly. Wherever necessary, he may apply for the services of professional surveyors and chairmen
etc. to the Director of Consolidation. (b) In carrying out professional survey of estates, provisions contained in the Jammu and Kashmir Land Revenue Act, Svt. 1996 and Government Orders issued thereunder from time to time shall mutatis mutandis apply. )c( The work of ordinary map correction shall be carried out by the Consolidation Patwari. This will be checked cent per cent by the Consolidation Girdawar and to the extent of 20% by the Consolidation
Naib-Tehsildar during field to field Girdawari of the estate. (d) The work of professional survey shall be intensively checked by running check lines by an officer not below the rank of a Consolidation Naib-Tehsildar having an expert knowledge of survey who may be specially deputed for the work. The Consolidation Tehsildar of the Circle and the Settlement Officer (Consolidation) shall also check the work by running as many checklines as possible.
12. All the entries of the current Jamabandi shall be tested by the Consolidation Girdawar cent per cent by comparing them with entries of the previous Jamabandi and connected Khasra Girdawari as also existing record of rights prepared during the last settlement or the revision of records. Mistakes and disputes detected shall be entered in the appropriate columns in the list of mistakes and disputes in land records in Form 5.
13. After the test of the Jamabandi has been carried out in the manner prescribed in rule 12, a thorough verification of the entries in the current Jamabandi shall be carried out by the Consolidation Girdawar. This shall be done by reading out the record in the estate and explaining every entry in it to the tenure-holders collected in as large number as possible somewhere in the estate itself. The mistakes and the disputes detected shall be noted in the appropriate columns of the list of
mistakes and dispute in land records in Form 5. 14. After the test and the verification of the annual records as prescribed in rules 12 and 13, a field to field Girdawari of all the plots shall be carried out by the Consolidation Girdawar in association with the Consolidation Committee and as many tenure-holders of the estates as he can collect and the result shall be noted by him in Khasra Girdawari Chakbandi in Form 3. The mistakes and disputes discovered during the
Girdawari shall also simultaneously be noted in the appropriate columns of the list of mistakes and disputes in land records in Form 5. 15. The list of mistakes and disputes in Form 5 mentioned in rules 12, 13 and 14 shall be prepared in two parts. Part I shall contain clerical mistakes and Part II shall contain other mistakes and disputes discovered during the test and verification of the annual records and the field to field Girdawari referred to in rules 12 to 14.
16. (1) At the time of field to field Girdawari of the estate, the Consolidation Girdawar shall find out whether a particular plot was irrigated or could be irrigated during the year in which Girdawari is being carried out and enter the information in column 15 of the Khasra Girdawari Chakbandi. If the enquiries made by the Consolidation Girdawar show that the entry in respect of source of irrigation in column 13 of Form 3 was obviously wrong he shall note the fact in the remarks column of the
said Form and treat it as mistake or dispute, as the case may be, for being brought on the list of mistakes and disputes in land records for being disposed of by the Consolidation Naib-Tehsildar or the Consolidation Tehsildar, as the case may be. (2) (a) Fields irrigated from the following sources shall be treated as wet(i) canal, khul, tubewell and other wells of durable nature; and (ii) rivers, reservoirs, lakes, springs, nallas, tanks and ponds
which are able to supply water for irrigation during an entire crop period in a normal year. (b) Fields irrigated from the following sources shall be treated as dry— (i) undurable earthen wells; and (ii) all other sources of irrigation such as nallas or tanks, which dry up or which do not supply water during an entire crop period in a normal year. (c) Earthen wells generally will be
considered undurable except where the Consolidation Committees decide otherwise and the decision is confirmed by the Settlement Officer (Consolidation). If more than half the field is irrigated or could be irrigated in the year of Girdawari from the permanent sources mentioned in sub-rule (2) (a), it shall be treated as wet: Provided that, where the source of irrigation becomes permanently out of use, the field irrigated from it shall be treated as dry.
17. (a) The Consolidation NaibTehsildar shall check all the mistakes and disputes discovered by the Consolidation Girdawar during his test and verification of the annual record and the field to field Girdawari and shall also in addition check the Girdawari work of the Consolidation Girdawar by his own Girdawari in respect of at least 20 per cent of the rest of the entries. The work done by the Consolidation Naib-Tehsildar shall be checked by the Consolidation Tehsildar and the Settlement Officer
(Consolidation) to ensure that all the mistakes and disputes have been brought on the list of the mistakes and disputes in land records. (b) During these operations, the Consolidation Naib-Tehsildar shall also determine Standard Plot or Plots of the unit by — (i) ascertaining from the members of the Consolidation Committee and from the tenure-holders of the units as to which are the best plot or plots of the unit, regard being had to productivity, availability of
irrigational and
facilities, location, etc.,
(ii) spot verification in the company of the members of the Consolidation Committee and as many tenure-holders of the estate as he can collect. )c( The list of "Standard Plots" shall be prepared in Form 14. (d)The list of "Standard Plots" in Form 14 shall then be published and all objections received within fifteen days of the publication of the list shall be forwarded by the
Consolidation Naib-Tehsildar with his report on each objection to the Consolidation Tehsildar for decision. The Consolidation Tehsildar shall decide these objections along with the disputed cases received by him from the Consolidation Naib-Tehsildar under rule 19 or earlier, if possible. The objections against the Standard Plots shall be decided by the Consolidation Te h s i l d a r only after spot inspections.
(e) Any person aggrieved by the order of the Consolidation Tehsildar under sub-rule (d) may, within twenty-one days of the date of the order, file an appeal before the Settlement Officer (Consolidation) who shall after hearing the parties give his decision thereon. The order of the Settlement Officer (Consolidation) shall be final and not open to question. 18. (a) The Consolidation NaibTehsildar shall pass orders in his own
hand in the appropriate column of the list of mistakes and disputes in land records for the correction of all the clerical mistakes entered in part I of the list in Form 5 after consulting the previous land records of the estate, where necessary. These orders shall then be noted by the Patwari against the relevant Khewats and Khatas of the Jamabandi and shall be attested by the Consolidation Girdawar. The Consolidation Naib-Tehsildar shall also satisfy himself by checking that all his orders have been correctly
recorded in the Jamabandi. (b) Necessary number of copies of the notice in Form 7, along with the extracts in Form 6 in respect of all the Khewats, and the Khatas of the Jamabandi, after the orders of the Consolidation Naib-Tehsildar mentioned in sub-rule (a) have been given effect to, and the copies in Form 7-A (where necessary) shall be prepared by the Consolidation Patwari neatly and accurately by using good carbon and pencil. The extracts shall be checked cent per
cent by the Consolidation Girdawar and signed by him. At least 20 per cent of the extracts shall also be checked by the Consolidation NaibTehsildar to ensure their accuracy. Form 7 and Form 7-A shall be printed in book form. (c) The notice in Form 7 or 7-A inviting objections or written statements before the Consolidation Naib-Tehsildar within twenty- one days of the receipt of the notice and the relevant extracts shall then be issued under the signature of
Consolidation Naib-Tehsildar to the tenure-holders concerned and the persons interested and their signatures or thumb impressions obtained on the office copy of the relevant extract in Form 6 and also in Form 7 or 7-A, as the case may be, in token of their having received the notice. The notice along with extracts relating to land belonging to Government Departments shall be sent to the heads of the local district officers (including the Assistant Custodian of Evacuee Property). The office copy of each extract and notice
shall be carefully preserved on a common estate file. (d) As soon as possible after the issue of notices and extracts mentioned in sub-rule (c), the Khasra Girdawari and the Jamabandi shall be published along with list of mistakes and disputes in Form (e) Separate files shall be opened for cases in which objections a re received. The file of each case shall deal with one set of parties. Extracts in which no mistakes or disputes were recorded in column 8
of Form 6 at the time of issue and in respect of which no objections are received, shall remain on the common estate file. A proper index showing the extracts kept on it shall be attached to the common estate file. (f) Cases relating to entries in column 8 of Form 6 and other cases in which objections are received shall be entered in a Mislband register in Form 8 in the office of the Consolidation Naib-Tehsildar. (g)
In deciding disputes on the
basis of conciliation according to the provisions of sub-section (3) of section 8, the Consolidation NaibTehsildar shall record the terms of conciliation in the presence of at least two members of the Consolidation Committee of the unit. The terms shall then be read over to the parties concerned and their signatures or thumb impressions obtained. The members of the Consolidation Committee present shall also sign the terms of concil iation. The Consolidation NaibTehsildar shall then pass orders de
ciding the disputes in terms of the conciliation specifying the precise entries to be made in the records. Details of the orders passed by the Consolidation Naib-Tehsildar shall be noted in the Mislband register. (h) The report of the Consolidation Naib-Tehsildar on disputed cases referred to in section 8(4) shall clearly bring out the points of dispute between the parties and the efforts made by him to reconcile them. 19. On receipt from Consolidation Naib-Tehsildar,
the the
disputed cases shall be entered in the Mislband register in Form 8 in the office of the Consolidation Tehsildar. The notice to be sent by the Consolidation Tehsildar to the parties concerned under the provisions of section 8(5) (a) shall be in Form 9. [3]
20. The orders of the Consolidation Naib-Tehsildar under sub-section (3) of section 8 and of the Consolidation Tehsildar under sub-clause (b) of sub-section (5) of section 8 shall be given effect to in the Jamabandi by the Consolidation
Naib-Tehsildar or the Consolidation Tehsildar by attesting a mutation on the mutation register of the concerned Village in the same manner and form as prescribed under Standing Order 23-A (Mutation) and in accordance with the procedure laid down in para 6 of Standing Order No. 23-B (Jamabandi).] [4] 21. (1) A set of Khasra Girdawari and revised Jamabandi, If necessary, shall then be prepared or the current Jamabandi on revision brought up to date by the Consolidation Patwari
incorporating all the orders passed by Consolidation Naib-Tehsildar under sub-section (3) of section 8, the Consolidation Tehsildar under subsection (5) of section 8, the settlement Officer Consolidation under section 13 up to that stage. These records shall be checked by the Consolidation Girdawar thoroughly. The Consolidation NaibTehsildar shall also check and sign in token of his having checked them at least 20 per cent of the entries. The Consolidation Tehsildar of the Circle shall also check as many entries as
he can to ensure that the records ha v e been correctly prepared. The Khasra Girdawari and the revised Jamabandi or the current Jamabandi brought up to date on revision, as the case may be, shall be signed by the Consolidation Tehsildar and shall then be published under section 11 in the unit.] (2) All cuttings and over writings in the Jamabandi shall be initialed and dated by the person responsible for the cutting or the overwriting and also by the Consolidation Naib-
Tehsildar. They shall then be brought on an errata list in Form 10 to be prepared by the Consolidation Patwari in duplicate in carbon. The errata list shall be signed by the Consolidation Girdawar and the Consolidation Naib-Tehsildar also. A copy of the errata list shall be sent to the Consolidation Tehsildar of the Circle for record in his office. 22. Appellate orders passed under section 9 along with consequential orders passed by the Settlement Officer (Consolidation) under section
13 up to that stage shall be noted in red ink in the Jamabandi revised under rule 21. The Jamabandi shall then again be published in the unit. 23. (a) The Form in which the matters mentioned in section 12 may be raised before the Consolidation Naib-Tehsildar shall be in Form 11. (b) The procedure laid down in rules 18 to 22, so far as the disposal of objections and appeals is concerned, shall be followed in deciding the matters raised before the Consolidation Naib-Tehsildar
under section 12. [5]
24. Omitted
25. (a) After the publication of the records under section 11, a list of all the joint holdings in the estate shall be prepared by the Consolidation Patwari in Form 16 and the work of partitions may be taken up by the Consolidation Tehsildar. In cases which he tentatively decides to partition the holdings, he shall, after himself ascertaining or getting the share of each tenure-holder ascertained by the Consolidation
Naib-Tehsildar by means of a summary enquiry in the unit, give notice of his proposal to partition the area of the holding or holdings which is ultimately to be consolidated to the tenure-holders concerned in Form 17 and invite objections against the proposal within fifteen days of the receipt of the notice by the tenureho l de rs . Partition proceedings in respect of holdings the rights in which are subject to appeals under section 9 may be stayed for so long as the appeals have not been
decided. Objections received shall be heard and decided and the holding or holdings partitioned or the proposal dropped. )b( Where the tenure-holders of a joint holding oppose partition and the Consolidation Tehsildar is satisfied that the opposition of each tenureholder is genuine and not forced, he shall not proceed with the partition unless, for reasons to be recorded by him in writing, he considers it necessary to do so in the interest of better consolidation of the holding or
holdings concerned. )c( The application for partition of holdings recorded in the names of two or more tenure-holders shall be made to the Consolidation NaibTehsildar in Form 15. (d) Details of partition effected under sub-rules (a) and (c) shall be entered in the appropriate columns of the statement in Form 16. 26. An application for amalgamation of holdings shall be in Form 18. All orders authorising amalgamation of holdings shall be recorded in the
appropriate columns statement in Form 16.
of
the
CHAPTER III 27. The map prepared under rules 29(a) (ii) and 30 shall form part of the Consolidation scheme. 28. The valuation of plots allotted to a tenure-holder shall be equal to the valuation of plots held by him before the Consolidation of his holding after deduction of such amount as may be required for public purposes as laid down in the statement of principles. 29. (a)(i) The Settlement Officer (Consolidation) shall get soil classification maps on the basis of
the last settlement prepared in respect of all the estates under Consolidation operations well before the publication of the revised records under section 11. Each Consolidation Naib-Tehsildar shall be supplied with copies of these maps for estates under his charge. (ii) The Consolidation NaibTehsildar shall then get the details of the soil classification determined at the time of the last settlement or revisions of records, incorporated in a copy of the map of each unit
prepared under rule 11. (b) The Settlement Officer (Consolidation) shall indicate in a detailed note the principles and methods adopted in the last settlement in the matter of soil classification and shall issue copies of t h e same to the Consolidation Tehsildar, who shall explain it to the Consolidation Naib-Tehsildar. )c( The Assistant Consolidation Naib-Tehsildar shall then take up the work of determination of the exchange ratio of each plot in the
unit. A list of the plots or parts of plots not to be consolidated shall be prepared in Form 22 by the Consolidation Naib-Tehsildar. (d) The exchange ratio of each plot shall be determined by the Consolidation Naib-Tehsildar in consultation with the Consolidation Committee after making enquiries from as many tenure-holders of the unit as he may be able to collect. The exchange ratio so determined shall be recorded by the Consolidation Naib-Tehsildar in his
own hand-writing in Form 20 (Part 1) in words on the spot. In the determination of the exchange ratio of each plot the following facts shall be kept in view :(i) The existing soil class of the plot as recorded in the last Settlement records or the records revised during the last Revision of Records. (ii) Productivity: — This will include the soil constituents of the plot, the number and kind of crops it can generally produce in a year and
the quantum of labour required to produce t h e s e c r o p s . i n c r e a s e i n f e productivity caused by the use of fertilizers or any other such method or decrease for temporary reason should be guarded against. (iii) Availability of irrigation facilities: — In cases of irrigation by the canal, the fact whether the plot is irrigated by flow system or lift system, the nearness of the plot to the water channel and the volume of the water supply shall be taken into
consideration. (iv) Location: — Which has a bearing on the cost or supervision of cultivation, or the marketing of the produce of a plot. (e) The responsibility for the correct determination of the ex change ratio of each plot shall be that of the Consolidation Naib-Tehsildar subject to his paying due regard to the opinion tendered by the members of the Consolidation Committee and the tenure-holders of the unit in general.
(f) The exchange ratio of each plot shall be noted in the map of the unit prepared under rule 29(a) (ii). 30. (1) The Consolidation NaibTehsildar shall proceed to divide the area of each unit into Blocks as soon as the exchange ratio of all its plots has been determined. In doing so he shall take into account the exchange ratio of each plot, determined under rule 29. (2) The Blocks formed under sub-rule (1) shall be neatly and clearly shown in the map of the unit
prepared under rule 29(a) (ii). 31. The amount of compensation for each tree, well or other improvement existing in a plot shall be determined in Form 20 (Part I) by the Consolidation Naib-Tehsildar in consultation with the Consolidation Committee after making enquiries from as many tenure-holders of the unit as he may be able to collect at the time of determination of the exchange ratio of plots under rule 29. For this purpose the Consolidation Naib-Tehsildar may also take into
consideration the data relating to the trees, wells and other improvements and their valuation collected by the Consolidation Girdawar in Form 3 at the time of field to field Girdawari. In determining the amount of compensation for a tree, the Consolidation Naib-Tehsildar shall take into account its age, kind and market value; and in determining the compensation for a well and other improvement, he shall take into consideration their nature, age, state of repairs and serviceability. If he so decides, the Consolidation Naib-
Tehsildar may, if necessary, instead of coming to a finding himself, request the Settlement Officer (Consolidation) to have the amount of compensation payable for a well or other improvement estimated by an officer of the Public Works Department. 31. (1) The statement of valuation of plots shall be prepared in Form 20 in two parts— Part I shall be plot-wise and Part II holding-wise. It shall be the responsibility of the Consolidation Naib-Tehsildar to ensure that the
statement is prepared correctly in all respects. For this purpose he shall check on an extensive scale the s t a t e m e n t prepared by the Consolidation Patwari by comparing each of its entries with the record on the basis of which these entries were made by the Consolidation Patwari. (2) The statement prepared under sub-rule (1) shall be published in the unit as early as possible after relevant extracts therefrom along with the notice have been issued to each tenure-holder in Form 21
inviting objections against the entries in the extracts. (3) Extracts with notice in Form 21 in respect of each tenure- holder shall be prepared by the Consolidation Patwari in duplicate in carbon shall be attested by the Consolidation Girdawar. They shall be signed by the Consolidation NaibTehsildar. One copy of the extract and the notice shall be issued to the tenure-holder concerned or his representative and his signature or thumb impression obtained on the
office copy of the relevant extract and the notice in token of his having received the same. The office copy bearing the thumb impres sion or signature shall be carefully prescribed on a common estate file. (4) Objections received by the Consolidation Naib-Tehsildar under section 21(3) of the Act shall be forwarded by him to the Consolidation Tehsildar with his report along with the relevant office copy of the extracts. Extracts in respect of which no objections are
received shall remain on the common estate file to which a proper index shall be attached. )5( Separate files shall be opened for each case in respect of which objections received. All the objections shall be entered in a Mislband register in Form 8 in the office of the Consolidation Tehsildar. Orders passed by the Consolidation Tehsildar in each case shall be noted i n the Mislband register in due course. (6) At the time of making a local
inspection of plots for the decision of any objection under section 21 (4), the Consolidation Tehsildar shall prepare an inspection memo and attach it with his order deciding the objections. 33. (a) The work of the Consolidation Naib-Tehsildar in connection with the determination of exchange ratio for plot along with the calculation of their valuation and determination of the compensation for wells, trees and other improvements and block formation
shall be checked in respect of all the units included in the circle of a Consolidation Naib-Tehsildar by the Consolidation Tehsildar on the spot to the extent of at least 10 percent of the plots of each unit. Similarly the Settlement Officer (Consolidation) shall also check the work on the spot of at least 10 per cent of the units in the circle of each Consolidation NaibTehsildar. (b) Each page of the statement of valuation of plots shall be signed and dated by the Consolidation Naib-
Tehsildar. All cuttings and overwritings in this statement shall similarly be initialled and dated by the persons responsible for the cuttings and overwriting. They shall also be initialled and dated by the Consolidation Naib-Tehsildar who shall prepare an errata list in Form 10 in Duplicate duly signed and dated by himself and the Consolidation Girdawar. A copy of the errata list shall be sent to the Consolidation Tehsildar for record in his office.
[6]
[34. The statement in Form 20 (Part II) prepared under rule 32 shall serve as "Statement of Holdings". The Statement shall be prepared by the consolidation Patwari and all the entries shall be checked by the Consolidation Girdawar and 20% thereof by the Consolidation NaibTehsildar.] 35. (a) The Statement of Principles shall be prepared by the Consolidation Naib-Tehsildar in consultation with the Consolidation Committee and after making
enquiries from as many tenureholders of the unit as he may be able to collect, in his own hand giving reasons for the proposals in Form 23. It shall be accompanied by a copy of the map of the unit which shall show(i) standard plots of the unit as determined under rule 17; (ii) the existing permanent features such as Abadi sites, canals, their distributaries along with field channels, roads, orchards, wells, nallas, rivers, graveyards, cremation grounds and other areas used for
public purposes, and (iii) the additions and alterations to be shown in pencil initially, and after confirmation of the statement by the Settlement Officer (Consolidation) in red ink, proposed in the site alignment or dimensions of any of th.6 above items and also other areas to be earmarked for any other public purposes. (b) Besides lands for extension of Abadi, including areas for Abadi sites for Harijans and landless persons in the unit, land may be earmarked
according to the needs of each unit for the following public purposes :(i) manure pits, (ii) roads, village and inter village Rastas and Chak roads, (iii) pasture lands, (iv) threshing floors, (v) playgrounds, (vi) primary and other schools, (vii) hospitals, (viii) Panchyat Ghars, (ix) plantation of trees,
(x) cremation graveyards,
grounds
and
(xi) water channels for irrigation purposes, (xii) flying sites, (xiii) drains, and (xiv) any other object of similar nature for which reservation of land may be considered necessary in the interest of tenure-holders of the unit. )c( During the course of the preparation of the Statement of Principles, every specific problem of
the unit having a bearing on equitable allotment of plots for purposes of consolidation shall r e c e i v e the attention of the Consolidation Naib-Tehsildar and the Consolidation Committee. The Principles, which shall be in consonance with the provisions of the Act and Rules, on which such problems are proposed to be resolved must be incorporated in the statement. The statement shall also show the details of the standard plots determined under rule 17.
)d( If there is a difference of opinion between the Consolidation Naib-Tehsildar and the Consolidation Committee on any of the terms of the Statement of Principles, the Consolidation Naib-Tehsildar shall prepare a note covering the points of difference and forward it to the Consolidation Tehsildar. )e( If the Consolidation Tehsildar is unable to resolve the difference between the Consolidation NaibTehsildar and the Consolida tion Committee, he shall forward the
record to the Settlement Officer (Consolidation) together with his opinion on each point of difference. )f( The Settlement Officer (Consolidation) shall, after hearing t h e Consolidation Committee, give his decision on the points referred to him under sub-rule (e) and amend the Statement of Principles accordingly. 36. The Statement of Principles along with the map prepared under sub-rule (a) of rule 35 shall then be published in the unit.
37. All objections filed under subsection (2) of section 23 shall be in writing and shall be signed by the persons making them. The objections shall clearly indicate the manner in which the interests of the objectors are likely to be affected by the proposals adopted in the Statement. 38. The Consolidation Tehsildar, when making a local inspection of the unit in connection with the decision of an objection filed under section 23, shall prepare an Inspection Memo and attach it to his
order deciding the objection. Where a Consolidation Tehsildar under the provisions of section 24(2) makes a local inspection of the unit from which no objection has been received, he shall prepare a memorandum of inspection setting out his views on the contents of the statement and the modifications and alterations, if any, proposed by him to the statement, together with reasons. The Consolidation Tehsildar shall also consult the Consolidation Committee before proposing modifications and alterations. In case
of difference of opinion between him and Consolidation Committee, the Consolidation Tehsildar shall report the points of difference to the Settlement officer (Consolidation) who shall decide the matter after local inspection. 39. (1) Where as a result of decision on objections under section 23, alterations and modifications in the Statement of Principles in Form 23 and the map showing the objects of public purposes have become necessary, the Consolidation Naib-
Tehsildar shall cause a fair copy to be prepared and submit it through the Consolidation Tehsildar for the confirmation of the Settlement Officer (Consolidation). )2( Where no alterations and modifications are necessary in the Statement of Principles or the map, the Settlement officer (Consolidation) shall sign them in token of having confirmed the same. (3) The statement in Form 23 and the map showing objects of public purposes as confirmed shall be
published in the estate. 40. As a preliminary to preparation of Statement of Proposals, the Consolidation Naib-Tehsildar shall cause to be prepared a statement of tenure-holders in Form 24 showing the particulars mentioned below:(a)
name of tenure-holder;
(b) valuation of the entire Khewat/Khata of the tenure-holders;
)c( d e d u c t i o n i f m a d e a s a r e s u l contribution of land for objects of
public purposes; (d)
net valuation of holding;
(e) amount of compensation to be paid to tenure-holder contributing land for public purpose; (f) amount of land revenue or rent of the holding to be reduced as a result of contribution of land for public purposes. 41. (1) The Consolidation NaibTehsildar shall prepare the Statement of Proposals in Form 25 in consultation with the members of the
Consolidation Committee after making enquiries from as many tenure-holders as he is able to collect [7] [and also after preparing Field book for the concerned plots]. (2) All cuttings and overwriting in the Statement of Proposals shall be initialled and dated by the persons responsible for them and also by the Consolidation Naib-Tehsildar. An errata list in Form 10 shall be prepared in duplicate in respect of the Statement of Proposals. A copy of the errata list shall be sent to the
Consolidation Tehsildar for record in his office. 42. The Statement of Proposals shall also explicitly show:(a) the encumbrance attached to a holding, the amount, name of person in whose favour the encumbrance exists and the nature and terms of the encumbrance; (b) the areas of Abadi land or land used for public purposes or land vested in the Government proposed to be amalgamated with any holding and areas earmarked for public
purposes. 43. (1) Relevant extracts from the Statement of Proposals in Form 25 and the notices in Form 26 in respect of each tenure-holder shall be prepared in duplicate by the Consolidation Patwari and shall be attested by the Consolidation NaibTehsildar after being checked cent per cent by the Consolidation Girdawar. One copy of the extract along with a copy of the notice shall be issued to the tenure-holder concerned or his guardian or his
representative before the Statement of Propos als is published in the unit and his signature or thumb impression obtained on the office copy of the relevant extract and on the notice in token of his having received the same. The office copy of the extract shall be carefully preserved on a common estate file. (2) Form 26 shall be printed in book form. 44. The Statement of Proposals shall then be published by the Consolidation Naib-Tehsildar in the
unit. 45. The proposals for the Consolidation of Holdings contained in the extracts shall be explained by the Consolidation Patwari and the Consolidation Girdawar to each tenure-holder by a preliminary demarcation on spot. The Consolidation Naib-Tehsildar and the Consolidation Tehsildar will ensure by personal verification from as may tenure-holders as possible that these instructions have been duly carried out.
46. (1) The objection received by the Consolidation Naib-Tehsildar shall be forwarded by him to the Consolidation Tehsildar along with the common estate file containing the office copies of all the extracts in Form 25 issued under rule 43. (2) Separate files shall be opened for each case in which objections are received under section 27. The file of each case shall deal with one set of parties. All the objections shall be entered in the Mislband register in Form 8 in the office of the
Consolidation Tehsildar. Ex tracts in respect of which no objections are received shall remain on the common estate file to which a proper index showing the details of the extracts shall be attached. (3) Where the Consolidation Tehsildar rejects the objection, he shall cause a notice of rejection of objection to be served on the tenureholder. Where, however, in accepting any objection, the Consolidation Tehsildar finds it necessary to make any alteration in the Statement of
Proposals, he shall cause a revised extract in Form 27 to be served on the tenure-holder concerned free of cost. The objection under sub-section (1) of section 28 shall not be deemed to be disposed of until the aforesaid notice rejecting the objection or, as the case may be, the revised extract has been served on the tenure-holder concerned. (4) The notice or the revised extract shall be prepared in duplicate, signed by the Consolidation Tehsildar and shall
bear his seal. The serving officer shall, after endorsing acknowledgement of service on one copy, deliver the other copy to the tenure-holder after endorsing the date of service on it. The first copy bearing the acknowledgement of the tenure-holder and the date of service on him shall be placed in the record of the case concerned. 47. (1) If as a result of the orders passed under sub-sections (1) to (4) of section 28, the Statement of Proposals is to undergo numerous
changes which it may not be easily possible to incorporate in the existing statement itself, a fair copy thereof along with a copy of the map of the unit showing the plots allotted to the tenure-holders and the location of land set apart for public purposes and that set apart as belonging to the Government may be prepared before it is confirmed and published under sub-section (2) of section 30. (2) All the cuttings and overwritings in the Statement of Proposals as confirmed by the
Settlement Officer (Consolidation) and published under sub-section (2) of section 30 shall be initialled and dated by the person responsible for the cutting or overwriting and also by the Consolidation Naib-Tehsildar. They shall be brought on an errata list in Form 10 to be prepared by the Consolidation Patwari in duplicate in carbon. The errata list shall be signed and dated by the Consolidation Girdawar and the Consolidation Naib-Tehsildar and a copy thereof shall be sent to the Consolidation Tehsildar of the circle
for record in his office. 48. (1) Allotment orders in duplicate shall be prepared by the Consolidation Patwari in Form 27 in two parts :(i) Part I shall contain details of allotment of land made to the tenure-holders; (ii) Part II shall contain details of Government land and of land earmarked for public purposes. They shall be checked cent per cent by the Consolidation Girdawar
and Consolidation Naib-Tehsildar and signed and dated by them. They shall also bear the seal of the Consolidation Naib-Tehsildar. The original copies of the allotment orders prepared in Part I shall be issued to the tenure-holders concerned and those prepared in Part II shall be made over to the Tehsildar concerned. (2) Copies of the allotment orders shall be placed on the common estate file to which a proper index showing the details of the extracts
kept on it shall be attached.
CHAPTER IV 49. (1) Before fixing the date on or after which the tenure-holders shall be entitled under section 31 of the Act to enter into possession, the Settlement Officer (Consolidation) shall satisfy himself of the following:(i) that the allotment orders have been issued to all the tenure-holders who are entitled to them; (ii) that the Consolidation Girdawar has demarcated the new boundary lines of each Chak in the manner specified by him.
(2) The order of the Settlement Officer (Consolidation) fixing the date shall be published in the estate. 50. (1) As soon as may be, after the date after which the tenure-hold ers become entitled to enter into possession of plots allotted to them, the Consolidation Naib-Tehsildar shall, after inspecting the unit, find out the number of tenure-holders who have by mutual arrangements entered into possession of the holdings allotted to them as a result o f the Consolidation Scheme. Where
change of possession has not taken place, he may direct the Consolidation Girdawar to effect the change of possession with the help of the Consolidation Patwari. (2) The procedure to be followed by the Consolidation Girdawar effecting the change of possession shall be the same as provided in the Code of Civil Procedure for delivery of possession of immovable property in execution of a decree and the Consolidation Girdawar shall, for this purpose, exercise the powers of the
officers of the Court appointed in this behalf. (3) The Consolidation Girdawar or any other officer employed in the consolidation work under the Act and the Rules shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code. )4( Thereafter the Consolidation Naib-Tehsildar shall, in consul tation with the Consolidation Committee, publish in the estate the statement showing: -
(a) the multiple of the Parta Qisimwar of the cropped area not exceeding six, which in his opinion is adequate c o m p e n s t o t h e p e r s o n p o s s e s s i transferred o n i swhere right to tend and gather crops has be e n reserved for the person from whom possession has been transferred; (b) the date or dates fixed by which all crops shall be harvested in cases where the right to tend and gather crops has been reserved for
the person from whom possession has been transferred. (5) In fixing compensation under sub-rule (4), the Consolidation NaibTehsildar shall have regard to the duration between the date fixed for delivery of possession and that fixed for harvesting the crops under subrule (4) (b). (6) No compensation shall be paid where no sowing season intervenes between the delivery of possession and the date fixed for
harvesting. )7( Any person affected by the statement published under sub- rule (4) may file objections before the Consolidation Naib-Tehsildar within 7 days of the date of its publication. (8) The Consolidation NaibTehsildar shall forward all objections received under sub-rule (7) to the Settlement Officer (Consolidation!) whose decision shall be final. (9) As soon as the statement under sub-rule (4) has become final, the Consolidation Naib-Tehsildar
shall cause to be published in the estate a statement in Form 35 showing details of compensation worked out for each tenure-holder under sub-rule (4).
(10) Any person affected by the publication of statement under subrule (9) may file his objections before the Consolidation Naib- Tehsildar within 15 days of its publication. The Consolidation Naib- T e h s i l d a s u b m i t h i s r e p o b j e c t i o n s Consolidation t o t Tehsildar whose decision shall be
final. (11) The compensation payable under this rule shall be recovered as arrears of land revenue if unpaid on the expiry of nine months from the date of transfer of possession. (12) After finalisation of Form 35 under sub-rule (9), the Consolidation Naib-Tehsildar shall issue a certificate of award of compensation to the recipients in Form 38, notice whereof shall also be given to the payers in Form 39. (13)
Without prejudice to the
right to recover compensation through a competent Court, the certificate of award of compensation issued under sub-rule (12) shall lapse if not presented to the Tehsildar having jurisdiction within two years of the date recorded on it for recovery as arrears of land revenue. (14) On presentation of certificate of award, the Tehsildar shall make a preliminary enquiry to ascertain if the compensation in question has been paid or not. He shall forward the result of his enquiry
to the Collector. (15) When the Collector is satisfied after making such further enquiry as he may consider necessary that compensation has not been paid in terms of the certificate, he shall cancel the same and issue another certificate for the recovery of the compensation as arrears of land revenue. (16) The Collector shall not be impleaded as a party to any suit or proceeding for the realisation of compensation awarded according to
the foregoing rules. 51. (1) Where the Consolidation Naib-Tehsildar decides that possession of crop shall also be delivered, he shall, in consultation with the Consolidation Committee, assess the value thereof after taking into account:(a) (b) crop;
the condition of the crop; the estimated yield of the
)c( the estimated price which the produce is likely to fetch at the
time of harvesting in the estate; and (d) the amount likely to be spent on the crops from the date of transfer to the time of harvesting. (2) The appraisement mentioned in sub-rule (1) shall be made in the presence of tenure-holders concerned unless they fail to attend despite general notice which shall be given by beat of drum in the unit. )3( Result of appraisement shall be published by the order of the Consolidation Naib-Tehsildar in
Forms 36 and 37. (4) Any person aggrieved by the order of the Consolidation Naib-Tehsildar may file an appeal before the Settlement Officer (Consolidation) within 15 days of the date of the order. The decision of the Settlement Officer (Consolidation) shall be final except as otherwise provided by or under the Act. )5( After the statements under sub-rule (4) have become final, the Consolidation Naib-Tehsildar shall issue certificate of award of
compensation to the recipient in Form 38, notice whereof shall also be given to the payers in Form 39. )6(
Without prejudice to recovery of compensation through a competent Court, the certificate of award of crop compensation issued under sub-rule (5) shall lapse if not presented to the Tehsildar having jurisdiction within two years of the date recorded on it for recovery as arrears of land revenue. )7(
On presentation of the
certificate of award of compensation, the Tehsildar shall make a preliminary enquiry to ascertain if the compensation has been paid or not. He shall forward the result of his enquiry to the Collector. )8( When the Collector is satisfied, after making such further enquiry as he may consider necessary, that compensation has n o t been paid in terms of the certificate, he shall cancel the same a n d issue another certificate for recovery of the compensation as
arrears of land revenue. (9) The Collector shall not be impleaded as a party to any suit or proceeding for the realisation of the compensation awarded according to the foregoing rule. 52. (1) Soon after the delivery of possession, the Consolidation Naib-Tehsildar shall cause to be delivered an outer foil of the certificate in Form 28 to the receipt of compensation for trees, wells, buildings or other improvements. The certificate shall show the name of the
payer, the amount of compensation and description of the property compensated. )2( Notice of payment of compensation for trees, wells, buildings or other improvements shall also be furnished on the outerfoil in F o r m 28 to each payer of compensation showing the name of recipient, amount of compensation awarded and the description of the property compensated. (3) As soon as certificates and notices have been distributed, the
innerfoils of Form 28 shall be made over to the Tehsildar having jurisdiction. )4( The provisions of sub-rules (11), (13), (14), (15) and (16) of rule 50 shall also apply to the recovery of compensation mentioned in Form 28 as if it were compensation payable under rule 50. (5) Amount of compensation payable to tenure-holders for land contributed for public purposes as determined in Form 24 shall, soon after the delivery of possession, be
paid by adjustment against the cost of consolidation as determined in the Demand and Collection Jamabandi in From 30 prepared under rule 54. In cases in which no cost of consolidation is payable by tenureholder or compensation exceeds cost of consolidation, the excess compensation shall be paid to them in cash by the Consolidation Tehsildar and a record of payment shall be kept by him in Form 29. 53. (1) Where in respect of any document or notice, a specific
provision has not been made for obtaining a receipt from the person t o whom the document is issued or on whom the notice has been served, a record of service made on the person concerned by the serving officer shall be kept in Form 34. (2) In delivering a document or effecting the service of any document, notice or summons on any tenure-holder or other person, the Serving Officer may, where the tenure-holder or the person concerned is not present at his
residence at the time of delivery or service, or where he cannot be found after using all due and reasonable diligence, or where he refuses to take the document, notice or summons, effect delivery or where he refuses to take the document, notice or summons service by affixation of the document, notice or summons on the outer door or on some other conspicuous part of the house in which he ordinarily reside, but if he has no such residence in the unit, by affixing a copy of the document, notice or summons at some place of
public resort on or adjacent to the land to which such document refers. In either case the Serving Officer shall get the affixations attested by two residents of the unit. The service o f certificates of compensation shall not, however, be made by affixation. 54. After the final cost of consolidation has been determined, t h e Consolidation Girdawar shall prepare in duplicate the Demand and Collection List of the cost of consolidation showing the balance in Form 30 to be recovered after the
compensation payable for land contributed for public purposes has been adjusted. After each entry in the Demand and Collection List in Form 30 has been checked by the Consolidation Naib-Tehsildar, the Tehsildar shall realise the items shown in the list as arrears of land revenue, if so, and to the extent, ordered by the Government. 55. The Consolidation Patwari shall maintain a proceeding book in Form 32 for recording proceedings of the meetings of the Consolidation
Committee. He shall also maintain a diary in Form 33 showing details of work done by him each day. A diary in this form shall also be maintained by the Consolidation Girdawar and the Consolidation Naib-Tehsildar. 56. (1) The Settlement Officer (Consolidation) may withdraw any case from the file of any Consolidation Tehsildar or Naib Consolidation Tehsildar subordinate to him and may refer the same for disposal to any other Consolidation Tehsildar or Consolidation Naib-
Tehsildar competent to deal with the same, (2) The Director of Consolidation may withdraw any case from the file of any Settlement Officer (Consolidation) and refer the same to any other Settlement Officer (Consolidation) for disposal. 57. On receipt of the report of the Consolidation Naib-Tehsildar under section 41, the Consolidation Tehsildar shall hear the parties and take such further evidence as he considers necessary and decide the
objections on merits. The decision shall be announced in the presence of the parties or at a time notice of which shall have been given to them and the parties, if present, shall put their signatures or thumbimpressions in token of the same. 58. The provisions of Chapter IV of the Jammu and Kashmir Land Revenue Act, Svt. 1996 and the Government Orders issued thereunder, to the extent to which they are inconsistent to, or are not covered by these rules, shall not be
applicable to the preparation of a n e w estate map, Khasra Girdawari and the record of rights under section 32. 59. If any area belonging to one estate is situated within the boundary of another estate, the Settlement Officer (Consolidation) s h a l l take steps to integrate the former area with the latter estate a f t e r obtaining orders of the Government under section 3(l)(c) of t h e Jammu and Kashmir Land Revenue Act, Svt. 1996.
60. Where area hitherto belonging to more than one estate have been integrated to form another estate, or a part of the estate has been constituted as a separate estate under section 3(l)(c) of the Jammu and Kashmir Land Revenue Act, Svt. 1996, the Settlement Officer (Consolidation) shall cause to be prepared only one set of estate map, Khasra Girdawari and record-of-rights for such an area. 61. Where during consolidation proceedings only one set of records
has to be prepared for the area belonging to more than one estate, the plots belonging to different estates shall be distinguished by suitable Urdu alphabetical prefixes. 62. (1) The Settlement Officer (Consolidation) may issue a proclamation directing all tenureholders to erect within thirty days such boundary marks or lines as he may consider necessary to define the limits of Chaks. In default of compliance within the time specified i n the proclamation, he may cause
such boundary marks or lines to be erected. (2) Where necessary, the boundary marks to define the limits of the estates shall be erected by the Government. )3( The cost of erection shall be calculated at the rate of Re. 1 for every 50 yards or part thereof of such boundary line. Half the cost shall be payable by each of the adjoining tenure-holder concerned. The Collector shall recover the cost of erection from tenure-holders
concerned revenue.
as
arrears
of
land
)4( A Jamabandi of the cost of erection of boundary marks or lines shall be prepared in Form 31 in duplicate. After checking by the Consolidation Naib-Tehsildar, it shall be handed over through the Settlement Officer (Consolidation) to the Tehsildar having jurisdiction for realization as arrears of land revenue. 63. The Settlement Officer (Consolidation) shall cause to be
prepared an estate map, Khasra Girdawari and Jamabandi for each estate in respect of the consolidation area(a) included in the scheme of consolidation and incorporated in the Statement of Proposals as confirmed by the Settlement Officer (Consolidation), under section 30 and also included in the allotment orders in Form 27; and )b( excluded from the scheme of consolidation and shown in Form 40 prepared under rule 64.
[8]
64. Omitted.
65. The Consolidation Patwari shall ensure that boundaries of Chaks, and of land set apart for public purpose and also of land vested in the Government are correctly shown in the map according to the Consolidation Scheme. Mistakes detected shall be brought to the notice of the Consolidation Girdawar for correction. 66. The Consolidation Patwari shall also examine the conventional signs
shown in the map and make necessary corrections in accordance with the signs prescribed in the Appendix attached to these Rules. 67. Where portions of a plot are held in different tenures; the Consolidation Patwari shall indicate each portion by a dotted line on the map. In such cases no separate numbering will be necessary for subdivision of a plot. Each portion shall be indicated by a separate Urdu alphabetical suffix. 68. After the map has been brought
up to date in accordance with the provisions of the foregoing rules, it shall form the basis of re-numbering. The inner boundaries of all plots or lands set apart for public purposes or of lands vested in the Government shall be crossed out on the estate map and the area numbered as single plot as far as possible.
Note.-The inner boundaries of plots comprised in a Chak shall not be crossed out while renumbering, except as otherwise required by the Director of Consolidation.
69. The Consolidation Girdawar shall check cent per cent and the Consolidation Naib-Tehsildar 25 per cent of the work done by the Consolidation Patwari under rules 65 to 68. 70. After the checking has been completed, the Consolidation Patwari shall renumber the plots in pencil on the basic map. The same shall be checked by the Consolidation Girdawar before being inked in red. 71. (1) The re-numbering of plots shall be done in one continuation for
the whole of the estate except as provided in sub-rule (2). (2) Where the Consolidation area is only a part of the estate, it shall be re-numbered independently of the other part consisting of the nonconsolidation area. The Financial Commissioner shall be informed of the position for such action as he considers necessary with regard to the non-consolidation area. (3) Re-numbering shall start from the north-west corner and end at the south-east corner of the estate. Plots
within a Chak if numbered shall be numbered in a contiguous serial. The serial number of the Chak, which shall be the serial number of statement in Form 20 (Part II) shall be shown neatly, as far as possible, in the middle of the Chack in figures bolder than the serial number of the plots and will be encircled. If there are more Chaks than one allotted to a tenure-holder in an estate, where internal numbering of the plots within a Chak has been maintained, they shall be indicated separately by affixing Urdu alphabets after the
serial number of the Chak. 72. "Kudan" numbers must be avoided, but if there are any, a note about them shall be made on the margin of the map. 73. The Consolidation Girdawar shall thereafter cause a fair copy of the map to be traced out showing new plot numbers and their final boundaries. The fair copy of the map will be compared and checked by the Consolidation Naib-Tehsildar and signed by the Settlement Officer (Consolidation) whose designation
will be mentioned below his signatures. The Chak boundaries will be in thicker lines than the boundaries of plots but in thinner lines than the boundary of the estate. The line showing the boundaries of Chaks will be so drawn that half its thickness ties in one Chak and the other half in the other Chak. The inner edge of the estate boundary shall indicate the actual boundary of the estate. All conventional signs shall also be
m a d e neatly and headings written accurately. 74. After the re-numbering has been done and checked by the Consolidation Girdawar and the Consolidation Naib-Tehsildar, the Consolidation Patwari shall prepare a comparative list of old and new numbers, the "Fard Mutabaqat" in duplicate in Form 41. The old number shall be the same as recorded in Forms 25 and 40 and other relevant records. If old plots are found without the exact corresponding number or
vise versa on account of old fields becoming barren, breaking up of new land, fluvial action of river or mistake of land records etc., the corresponding number will be written and reason will be entered in remarks column. 75. Thereafter the Consolidation Patwari shall prepare in duplicate "Khasra Mutabaqat" in Form 42 in the sequence of new numbers showing details of soil classification also. [9] [In remarks column of the said form, it shall be mentioned against
each plot whether the same has been included in or excluded from the scheme of consolidation.] 76. The "Fard Mutabaqat", and "Khasra Mutabaqat" shall be checked cent per cent by the Consolidation Girdawar, 25 per cent by the Consolidation the Naib-Tehsildar and 5 per cent by the Consolidation Tehsildar. 77. (1) Before proceeding to prepare the new Jamabandi, the Consolidation Patwari shall prepare a preliminary Jamabandi in Form 43.
(2) The preliminary Jamabandi will be subject to the following checks:(i) the area in column 7 should tally with the total area shown in Form 27 (Parts I and II); (ii) the total area shown in column 10 should tally with the total area in Form 40; (iii) the total of columns 7 and 10 should tally with the entire area of the estate. (3)
The preliminary Jamabandi
shall be checked cent per cent by the Consolidation Girdawar and 25 per cent by the Consolidation NaibTehsildar. 78. The preliminary Jamabandi prepared under rule 77 shall be published in the estate and objections, if any, shall be filed before the Consolidation NaibTehsildar within 10 days of the date of publication only on the ground that the entries are against the allotment orders contained in Form 27 [10] [xxx]. The orders of the
Consolidation Naib-Tehsildar on all such objections shall be final. [11]
[79. After objections against the entries in the preliminary Jamabandi have been disposed of, the Consolidation Patwari shall prepare Jamabandi in Form 45, Jamabandi Darktan, Index Kadifwar and Shajra Nasab on the basis of the preliminary Jamabandi and other relevant records.] 80. The Jamabandi prepared by the Consolidation Patwari shall be checked cent per cent by the
Consolidation Girdawar; 25 per cent of the entries shall be checked by the Consolidation Naib-Tehsildar and 5 per cent by the Consolidation Tehsildar. One fair copy of the Jamabandi shall also be prepared. 81. After the Jamabandi has been prepared, new Khewat, Khata number shall be entered in column 5 of Khasra Mutabaqat.
82. All
cuttings and over-writing in the Fard Mutabaqat and Khasra Mutabaqat and the Jamabandi shall be signed and dated by the person
responsible for such cuttings and overwritings, and also by the Consolidation Naib-Tehsildar. There shall be no erasures anywhere. An errata list in respect of each of the records mentioned above shall be prepared by the Consolidation Patwari in Form 10 and shall be attested by the Consolidation Girdawar. It shall also be signed by t h e Consolidation Naib-Tehsildar. Such a list shall be attached to each copy of the record when it is bound. 83. (1) As soon as may be, the
Settlement Officer (Consolidation) s ha l l issue a notice asking those members of the public who want to purchase copies of the estate maps which are proposed to be produced mechanically or otherwise to apply for them by a date to be fixed by the Settlement Officer (Consolidation). The Settlement Officer (Consolidation) shall also indicate in the notice the charges fixed for the supply of each copy. (2) From the map prepared under rule 73 the following number of
copies will be reproduced mechanically or otherwise :(a) for revenue and land record purposes ... two blue prints, 6 copies on cloth and four copies on paper; (b) for sale ... four copies on cloth, or more if the Settlement Officer (Consolidation) so decides taking into consideration the local requirements, in addition to the number actually asked for. (3) The map prepared under rule
73 together with two blue prints shall be forwarded to the Director of Land Records. (4) The Settlement Officer (Consolidation) shall cause the lines of demarcation of the existing soil classes marked in thick red lines on a cloth copy of the map of every estate. He shall also cause suitable alphabets indicating the name of the soil class to be written boldly in red over each kind of soil. (5) The map of soil-classification prepared under sub-rule (4) shall be
checked and signed by the Settlement Officer (Consolidation). )6( The map showing soilclassification and all other maps shall be made over to the Collector, 84. The list of cuttings and overwritings, the 'Fard Mutabaqat' t h e 'Khasra Mutabaqat' and the Jamabandi prepared under the foregoing rules shall be signed by the Settlement Officer (Consolidation) b e f o r e being bound in a Consolidation Volume. The two Volumes shall be delivered to the
Collector and thereafter the Director of Consolidation shall move the Government to issue a notification under section 61 that consolidation operations have been closed in the estate. 85. (1) Where a joint scheme of consolidation has been prepared for any area, belonging to more than one estate, the Consolidation NaibTehsildar shall cause to be prepared a statement in Form 44 showing(a) the land revenue or rent and Tarta Qisimwar' in each such estate
pertaining to a tenure-holder in each class of tenure; (b) the 'Parta Qisimwar' allotted to such a tenure-holder in each class of tenure in each such estate; (c) the future land revenue or rent payable in each class of tenure in each such estate by the tenureholder calculated in accordance with the principle that such land revenue o r rent shall bear the same proportion to the total land revenue or rent paid in that class of tenure in
all such estates as the 'Parta Qisimwar' allotted in that class of tenure bears to the total of the 'Parta Qisimwar' held by him in that class in all such estates. Note. — 'Parta Qisimwar 5 of such plots only as have been under consolidation shall be taken into account. (2) The statement shall be checked cent per cent by the Consolidation Girdawar, 20 per cent by the Consolidation Naib-Tehsildar and 5 per cent by the Consolidation
Tehsildar. It shall then be published in the estate, as soon as may be, after the publication of preliminary Jamabandi provided in rule 78. Objection made by any person concerned with any entry therein, if made within 10 days of the date of publication, shall be heard and finally decided by the Consolidation NaibTehsildar, subject, however, to the confirmation of the statement by the Settlement Officer (Consolidation). )3( As soon as the statement in Form 14 has been confirmed by the
Settlement Officer (Consolidation), entries shall be made accord ingly in the Jamabandi prepared under rule 79 for each such estate. 86. The Government shall determine the manner in which the re cords of all cases and proceedings dealt with under the Act shall be disposed of. 87. (1) Extracts from the records of the basic year or those published under section 11 shall be issued by the Consolidation Patwari. His remuneration for the issue of such extracts shall be the same as
prescribed estates.
for
non-consolidation
(2) An application for a copy of the Statement of Principles prepared under section 22 shall be made to the Consolidation Naib-Tehsildar with a stamp of Rs. 2.50 for each copy. (3) A copy of an allotment order in Form 27 may be issued by the Consolidation Patwari on payment to him as his remuneration a fee of Re. 0.25 per copy. (4) Application for copies of maps and final documents prepared under
the provisions of the Act not covered by sub-rule (1), (2) or (3) shall be made to the Consolidation NaibTehsildar or in respect of copies of judgment, statement etc., forming part of judicial proceedings, shall be made to the Presiding Officer of the court concerned and shall be charged for according to the usual scale of fee. 88. The Director of Consolidation shall exercise the powers of supervision and superintendence over the staff employed in the
consolidation organisation and may for that purpose issue such directions as he may consider necessary. 89. An application under section 55 shall be drawn up and presented by the applicant or his pleader to the Director or to such other officer as he may appoint in this behalf. It shall be accompanied by a copy of the decree or the order in respect of which the application is made, and by the copy of the judgment, if any, upon which the decree or the order is founded. Copies of decree or orders of
Judgments of other subordinate authorities shall not be required to be filed unless, for special reasons, filing of these documents is also considered necessary by the Director. ***
[1]
Substituted for "Khasra (Form 13)" by SRO 28 dated 19.1.1974.
[2] [3]
Certain words omitted ibid.
Rule 20 substituted by SRO174, dt. 15.4.1975.
[4]
Sub-rule (1) substituted by SRO 28, dt. 19.1.1974.
[5]
Rule 24 omitted by SRO 28, dt. 19.1.1974.
[6]
Rule 34 substituted by SRO 28, dt. 19.1.1974.
[7] [8] [9]
Words added by SRO 28, dt. 19.1.1974. Rule 64 omitted by SRO 28, dt. 19.1.1974. Added by SRO 28, dt. 19.1.1974.
[10]
Certain words omitted by SRO 28, dt. 19.1.1974.
[11]
Rule 79 substituted by SRO 28, dt. 19.1.1974.