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State of Punjab - Section

Section 14 in The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949

14. [ Assessment, Collection, Refund etc., of cost of Consolidation.] [Rule 14 substituted vide Punjab Government Notification No. 838-D-52/1757, dated 29th April 1952/9th May 1952.] - (i) The cost of consolidation proceedings shall be assessed] [Substituted by Punjab Government Notification No. 5146-D (II) 58/11/1640 dated the 10.12.1958.] [village-wise] [The word 'village-wise' inserted vide Punjab Government Notification No. 2655-D(IX)-50- 2284, dated the 22nd April, 1966.] at Rs. 5 per acre or portion of an acre of land, other than ghair mumkin land, if the wattbandi is carried out by the persons, whose holdings are affected and at Rs. 7-8-0 per acre if the wattbandi is carried out by or on behalf of the Consolidation Officer, at the option or default of the persons whose holdings are affected.

(ii)The cost of consolidation shall be payable by the persons, whose holdings are affected by the scheme of consolidation except that in case of evacuee land, it shall be payable by an allottee in respect of land, which has been allotted to him on a quasi permanent basis and the Custodian in the case of unallotted lands.
(iii)[] [Inserted vide Punjab Government Notification No. 4655-D-53/dated the 6.5.1953.] The cost of consolidation shall be collected in two half-yearly instalments along with the land revenue demand for Kharif and Rabi harvests [except when the Government directs otherwise by written order to collect this in more than two-half yearly instalments in hard and deserving cases.] [Inserted vide Punjab Government Notification No. 4655-D-53/dated the 6.5.1953.] After a notification under section 14(1) of the Act has issued, the patwaris shall prepare in form CH 1 a list of assessees from whom the cost of consolidation is to be recovered. This list will be arranged lambardar- wise.
(iv)All entries in the list mentioned in sub-rule (iii) above shall be checked by the Girdawar Kanungo and read over and explained to the persons, whose holdings are affected by the scheme of consolidation. The Assistant Consolidation Officer shall check the entries in the list and the list duly signed on every page by the Patwari - Girdawar, Kanungo and the Assistant Consolidation Officer in token of its correctness shall be forwarded to the Consolidation Officer, who, after countersigning it, shall return it to the Patwari after the Wasil Baqi Nawis has noted the consolidated demand in a register [in the such form as may be prescribed by Government from time to time] [Substituted vide Punjab Government Notification No. GSR 184/PA 50/48/S-46/Amd. 91)/63, dated the 16.5.1963.]. The patwari shall copy out the list lambardar-wise and deliver the relevant papers to the lambardars concerned for collection.
(v)Before the second instalment falls due, the village Patwari, shall immediately, after the preparation of a preliminary record of the village particularly the Naqsha Haqdarwar draw up the list of 2nd instalment of cost of consolidation incorporating the changes, if any, in the first list of the cost of consolidation payable by the persons, whose holdings are affected by the scheme of consolidation. This list shall also be prepared, checked and authenticated and disposed of as laid down in sub-rule (iv) above.
(vi)The excess cost of consolidation recovered from a person whose holdings are affected by the scheme of consolidation shall be refunded under order of the Settlement Officer to whom an application may be made for the purpose through the Patwari of the village who shall forward it through the proper channel after verification and report. The refund, however, shall, be prepared in the office of the Settlement Officer and sent to the applicant through the Girdawar Kanungo who shall obtain a receipt for it and return it to the Settlement Officer for record.
(vii)The demand on account of cost of the consolidation will be due as soon as the list is in the hands of the lambardars [-] [Substituted vide GSR R. II dated 7.1.1969.] entrusted with the collection and must be paid into the treasury not later than the dates given below :-
Division Kharif date Rabi date
[Patiala] [Substituted vide GSR 11 dated 7-1-1969.] 30th January 30th June
Jullundur 1st February 15th July
After the above dates process may be issued for recovery of arrears in the same way as for arrears of land revenue.
(viii)[ The allowance to the lambardars collecting the cost of consolidation, shall be two per cent of the amount collected. Unless otherwise expressly ordered by Government a lambardar while depositing the cost of consolidation into the treasury, shall be entitled to retain the allowance due to him and deposit the balance into the treasury. The allowance will be conditional on the demand being paid in full for each estate by the date fixed in sub-rule (vii). The Collector of the district may deduct any sum out of the allowance for delay in payment of the demand into the treasury. In case full amount recovered is deposited in the treasury by the lambardar without retaining the allowance due to him, the Collector of the district may refund such amount to the lambardar as may be due to him. The Collector may also recover, as arrears of land revenue, the amount of allowance withheld in excess, if any, by lambardars entrusted with the collection of cost of consolidation while depositing it into the treasury, without fulfilling conditions set out above ; and] [Substituted vide GSR 11 dated 7.1.1969]
(ix)A monthly return [in such form as may be prescribed by Government from time to time] [Substituted vide Punjab Government Notification No. GSR No. 184/PA 50/48/S.46/Amd. (1)/63, dated the 16.5.1963.] shall be forwarded by the Collector to the Commissioner of the division with a copy of it to the Director, Consolidation of Holdings, by the seventh of the month following that to which it relates. In this return shall be entered the demand for the harvest, arrears (if any) and payment received during the month.