Section 3 in U.P Consolidation of Holdings Act, 1953
3. 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] [[Substituted by Act No. 38 of 1958. Prior to substitution, it stood as under :-'(1) 'Assistant Consolidation Officer' means an officer appointed by the State Government under Section 42 to perform the duties of an Assistant Consolidation Officer under this Act.' ]] [and shall include an Assistant Rectangulation Officer] [Added by U.P. Act No. 8 of 1963.];(1A)[ 'chak' means the parcel of land allotted to a tenure-holder on consolidation] [Added by U.P. Act No. 8 of 1963.];(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] [Substituted by Act No. 38 of 1958.];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,] [Added by U.P. Act No. 38 of 1958.] [or any other Law by which Zamindari System has been abolished] [Added by U.P. Act No. 30 of 1991 (w.e.f. 19.02.1991).] do not apply;(2AA)[ 'Consolidation Committee' means a committee to be constituted in the manner prescribed for the purposes of the Act] [Re-numbered as sub-Section (2AA) by U.P. Act No. 38 of 1958.];(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] [Added by U.P. Act No. 38 of 1958.];(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] [[Substituted by U.P Act No. 38 of 1958. Prior to substitution, it stood as under :-'(3) 'Consolidation Officer' means an Officer appointed by the State Government under Section 42 to perform the duties of a Consolidation Officer under this Act.']] [and shall include a Rectangulation Officer] [Added by Act No. 8 of 1963.];(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] [[Substituted by U.P. Act No. 38 of 1958. Prior to substitution, it stood as under :-'(3A) 'Consolidator' means an Officer appointed by the State Government under Section 42 to perform the duties of a 'Consolidator' under this Act.']];(3B)[ 'Consolidation Scheme' means the scheme of consolidation in a unit] [Added by U.P Act No. 8 of 1963.];(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] [[Substituted by U.P Act No. 38 of 1958. Prior to substitution, it stood as under :-'(4) 'Director of Consolidation' means an Officer appointed by the State Government under Section 42, to perform the duties of the Director of Consolidation under this Act.']];(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] [Added by U.P. Act No. 8 of 1963.];(4B)[ 'District Deputy Director of Consolidation' means tine person who is for the time being the Collector of the district] [Added by U.P. Act No. 38 of 1958.];(4C)[ 'Holding' means a parcel or parcels of land held under one tenure by a tenure-holder singly or jointly with other tenure-holders] [Added by U.P Act No. 38 of 1958.];(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] [[Substituted by U.P. Act No. 38 of 1958. Prior to substitution, it stood as under :-'(8) 'Publication in the village' or 'publish in the village' with reference to any document means reading out on a date of which information shall be given to each member of the Land Management Committee and which shall be proclaimed by beat of drums in the village, the document at a meeting of the Land Management Committee and affixing it at a conspicuous place in the village.']]: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] [Added by U.P. Act No. 8 of 1963.];(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] [[Substituted by U.P Act No. 38 of 1958. Prior to substitution, it stood as under :-'(9) 'Settlement Officer Consolidation' means an officer appointed by the State Government under Section 42 to perform the duties of a Settlement officer Consolidation under this Act and includes any person authorized by the State Government to perform all or any of the functions of the Settlement Officer Consolidation under this Act.' ]];(10)'State Government' means the Government of Uttar Pradesh;(11)[ 'Tenure-holder' means a] [Substituted, by U.P. Act No. 12 of 1965.] [bhumidhar with transferable rights or bhumidhar with non-transferable right] [Substituted by U.P. Act No. 30 of 1991 (w.e.f. 19.02.1991] 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] [Added by U.P Act No. 38 of 1958.];(12)Words and expressions -(a)not defined in this Act but [used or] [Added by U.P Act No. 38 of 1958.] 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] [Added by U.P Act No. 38 of 1958.] 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] [Added by U.P Act No. 38 of 1958.] defined; [and] [Inserted by U.P Act No. 12 of 1965 (w.e.f. 08.03.1963).](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.] [Added by U.P Act No. 38 of 1958.]
