State of Punjab - Act
The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949
PUNJAB
India
India
The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949
Rule THE-EAST-PUNJAB-HOLDINGS-CONSOLIDATION-AND-PREVENTION-OF-FRAGMENTATION-RULES-1949 of 1949
- Published on 8 December 1949
- Commenced on 8 December 1949
- [This is the version of this document from 8 December 1949.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Title.
- These rules may be called the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949.2. Definition.
- In these rules -3. Mode of Publication.
- Any matter required to be published, or of which public notice is to be given under the Act shall be published by exhibiting copies thereof in the estate or estates concerned [and at a conspicuous place in the village or villages concerned as will as at the Panchayat Ghar of the Panchayat in which the village or villages lie] [Words sdded vidr GSR 11 dated 7.1.1969.] in Urdu, Hindi, or [Punjabi,] [Substituted for 'Gurmukhi' vide GSR 11 dated 7.1.1969.] as may be deemed proper, and shall also so far as possible be announced in such estate or estates by beat of drum.4. [ Preparation of scheme of Consolidation. [Substituted, vide Punjab. Government Notification No. 6992-D (IX)-60/5570, dated 21 September 1960.]
- After the notification and publication by the State Government, of its intention to make a scheme for the Consolidation of Holdings under sub-section (1) of section 14, the Consolidation Officer shall visit each of the estates concerned after giving reasonable notice of his visit to the landowners and non-proprietors thereof and shall, in consultation with the village committee constituted by him for this purpose, put up a scheme for the consolidation of holdings. The total number of members of the said committee shall not be less than three and it shall include :-5. Every such scheme of consolidation shall contain the following particulars.
-6. [ Draft scheme of consolidation to be explained to the persons affected thereby. [Substituted vide Punjab Government Notification No. GSR 183/P. Amd. (3)/64, dated the 4th August, 1964.]
- In addition to publication under the provisions of rule 4 the draft scheme of consolidation shall be read over and explained by the Consolidation Office to the persons likely to be affected thereby specially collected for the purpose. If any person desires to have a copy of the proposed consolidation scheme, it shall be supplied to him on payment of the following copying fee :-One rupee for the first two hundred words or less and fifty paise for every additional 100 words or fraction thereof ;Provided that a copy of consolidation scheme may be supplied on request to the Gram Panchayat concerned free of cost.]7. Repartition.
- The Consolidation Officer shall after obtaining the advice of the landowners of the estate or estates concerned, carry out repartition in accordance with the scheme of consolidation of holdings confirmed under section 20, and shall prepare the following repartition papers :-8. Repartition papers to be explained to the person affected thereby.
- The contents of the statements mentioned in items (iv) to (vii) of the preceding rule shall be read over and explained by the Consolidation Officer to the persons likely to be affected thereby specially collected the purpose.9. Redistribution of assessment.
- After repartition has been confirmed and appeal against it, if any, has been finally decided, the Collector of the district shall take necessary steps for the redistribution of the assessment of the estate concerned, in accordance with sub-section (2) of section 65 of the Punjab Land Revenue Act, 1887.10. Eviction.
- The Consolidation Officer shall serve a notice on the person or persons liable to eviction under sub-section (2) of section 23 requiring him within fifteen days of the receipt of the notice to vacate the land. If such notice is not complied with within the time specified therein, the Consolidation Officer may exercise the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887, for the purpose and putting in physical possession of holding the person entitled thereto.11. Deposit of compensation.
- The amount of compensation payable by an owner under section 15 of the Act shall be deposited by him in the nearest Government treasury or sub-treasury and a copy of the receipt obtained by him in token shall be produced by him before the Consolidation Officer.12. Transfer of encumbrance.
- In transferring a lease, mortgage, debt, or other encumbrance under sub-section (1) of section 26, the Consolidation Officer shall -13. Putting the encumbrancer in possession.
- If the lessee, mortgagee or other encumbrancer appears to the Consolidation Officer to be entitled to the possession of a holding under section 26, the Consolidation Officer shall issue a notice to the owner to show cause within fifteen days of the receipt of the notice why the lessee, mortgagee or other encumbrancer, as the case may be, should not be put in possession of such holding. If the owner fails to show cause or if the Consolidation Officer is satisfied that the cause shown by the owner is not adequate, he shall put the lessee, mortgagee or other encumbrancer as the case may be into possession of the holding, and the record of rights in respect of the holding shall be corrected accordingly.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.
| Division | Kharif date | Rabi date |
| [Patiala] [Substituted vide GSR 11 dated 7-1-1969.] | 30th January | 30th June |
| Jullundur | 1st February | 15th July |
15. Appointment of guardians to minors.
- Where any of the landowners is a minor, the Consolidation Officer may after making such enquiries as may be necessary and by an order in writing, appoint a suitable person whose interest is not adverse to that of the minor as guardian ad litem. Similar action may be taken into the case of widows absentees, soldiers or others, if considered necessary.[16. (i) The area to be reserved for the common purpose of extension of abadi for proprietors and non-proprietors under section 18(c) of the Act shall be reserved after scrutinizing the demand of proprietors desirous of building houses and of non-proprietors including Scheduled Castes, Sikh backward classes, artisans and labourer depending on agrarian labour who are in need of a site for house. The land reserved for extension of abadi shall be divided into plots of suitable sizes. For the plots allotted to proprietors area of equal value shall be deducted from their holdings but in case of non-proprietors including Scheduled casts, Sikh backward classes, artisans and labourers depending on agrarian labour these shall be allotted without payment of compensation and they shall be deemed to be full owners of the plots allotted to them.] [Punjab Government Notification GSR 11, dated 7.1.1969.]17. [ Form of application and documents which shall accompany it. [New sub-rules 17, 18 and 19 inserted by Punjab Government Notification No. 1426-D(II-60/1527, dated the 18.3.1960.]
- Every application under section 42 shall be signed and verified by the applicant, shall contain the following particulars and shall be accompanied by a certified copy each of the orders, if any, passed under sub-sections (2), (3) and (4) of section 21, although plan of the paths or paths, if any, in dispute and a certified copy of the grounds of the last appeal, if any, filed under sub-section (3) or sub-section (4) of section 21 :-18. [ Limitation for application under section 42. [New sub-rules 17, 18 and 19 inserted by Punjab Government Notification No. 1426-D(II-60/1527, dated the 18.3.1960.]
- An application under section 42 shall be made within six months of the date of the order against which it is filed :Provided that in computing the period of limitation, the time spent in obtaining certified copies of the orders and the grounds of appeal, if any, filed under sub-section (3) or sub-section (4) of section 21, required to accompany the application shall be excluded :Provided further, that an application may be admitted after the period of limitation prescribed therefor if the applicant satisfies the authority competent to take action under section 42 that he had sufficient cause for not making the application with such period.]19. [ Fees on application. [Notification 18.3.1960.]
- The following fees shall be payable in court fees stamps in respect of applications under section 42 :-]| (i) on the application | Rs.[10] [Vide GSR No. 74 Dated 22.2.1964.] |
| (ii) on the copy of the order against which application ismade | Re. 1 |
| (iii) On a certified copy of the grounds of last appeal, ifany filed under sub-section (3) or sub-section (4) of section 21 | Re. 1 |
| (iv) Process fees | Rs. 2 up to four respondents and 50 naya paise for eachadditional respondent subject to a maximum of Rs. 5 : |
| Serial No. | Names of persons whose holding are affected | No. of Khewats/ Khataunies | Area on which consolidation fee has been assessed in acres | Rate of consolidation fee (per acre) | Demand | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| (i) Columns Nos 2 and 4, Names of persons whose holdingsare affected, parentage and caste with details of rights(owners, occupancy tenants, sanjjidars) and area should beentered according to the latest Jamabandi of the village. | |
| (ii) Column No. 3 | Khewats and Khataunies should be written in respect of eachperson whose holdings are affected and has interest in them. |
| (iii) Column No. 5 | Rate of consolidation fee per acre should be entered in thiscolumn. |
| (iv) Column No. 6 | The demand of consolidation fee due from the persons whoseholdings are affected should be entered in this column. |
| (v) Column No. 7 | In case there is any change under the order for mutation,etc., after the preparation of the list a mention should be madein the remarks column. |
1. Roads, Village roads, field or arterial roads -
| (a) Village to village and circular road | 4 to 6 karams wide |
| (b) (i) Roads to serve as communication to village abadi | 3 to 4 karams wide |
| (ii) Paths leading to individual plots | 2 karams wide |
| (c) Roads leading to village drinking well and ponds forwatering cattle | 1 to 2 karams wide |
| (d) Other roads including those to be laid under theDevelopment Scheme and to serve as links to existing pacca roads | 6 to 8 karams wide |
| 2. Extension of abadi for non-proprietors of land | Each plot for extension of Abadi for non-proprietors shall beof 5 marlas and the total area shall be according to therequirements of the villagers. However in villages which areclose to towns and where most of non-proprietors have no concernwith Agricultural operations and they earn their livelihood bydoing labour in the adjoining towns the maximum area to be setapart for non-proprietors who depend upon Agriculture shall notexceed one Kanal in districts of Jullundur Division and 1-½kanals in districts of Patiala Division |
| 3. Watercourses | For the purposes of changes in alignment of SarkariWatercourses or Sarkari construction of new watercourses the areareserved shall be the actual area covered by them. But in thecase of Zamindari water-courses the khal or water-courses ofcustomary width shall be made available through the lands of theZamindars concerned without payment of compensation. |
| 4. Tanks | According to local requirements. |
| 5. Manure pits | Not exceeding :- |
| (i) One marla in the case of a proprietor | |
| (ii) four marlas in the case of a proprietor. | |
| 6. Wells for drinking water | Not exceeding 2 Kanals for a well. |
| 7. Hada Rori etc. | 10 Marlas. |
| 8. Public Latrines | ½ Kanal |
| 9. Schools and Playground | 1 acre |
| 10. Cremation ground | 2 Kanals |
| 11. Panchayat Ghar | 1 Kanal (where there is no existing Panchayat Ghar of theapproved design and specification) |
| 1. Fuel Plantation | 1 acre |
| 2. Tanning places | 2 kanals |
| 3. Thrashing and winnowing ground | 1 acre |
| 4. Rural Dispensary or 1st Aid Centre | 2 kanals |
| 5. Veterinary dispensary | 2 kanals |
| 6. Road side Adda | 2 kanlas |
| 7. Storage for fuel and fodder | 2 kanals |
| 8. Any other kindred purposes | 4 kanals |
1. Roads, village roads, field roads or arterial roads -
| (a) Village to village and circular roads | 4 to 6 karams wide |
| (b) (i) road to serve as communication to village fields fromvillage abadi | 3 to 4 karams wide |
| (ii) Paths leading to individual plots | 2 karams wide |
| (c) Roads leading to village drinking wells and ponds (forwatering cattle) | 1 to 2 karams wide |
| (d) Other roads including those to be laid under thedevelopment scheme and to serve as links to existing pacca roads | 6 to 8 karams wide |
| 2. Extension of abadi for non-proprietors | Each plot for extension of abadi for non-proprietors shall beof 5 marlas and the total area shall be according to localrequirements. However in villages which are close to towns andwhere most of the non-proprietors have no concern withAgricultural operations and they earn their livelihood by doinglabour in the adjoining towns the maximum area to be set apartfor the non-proprietors who depend on agriculture shall notexceed 2 kanals in districts of Jullundur Division and 3 kanalsin districts of Patiala Division. |
| 3. Tanks | According to local requirements |
| 4. Manure Pits | Not exceeding :- |
| (i) One marla in the case of non-proprietor ; | |
| (ii) Four marlas in the case of a proprietor | |
| 5. Wells for drinking water | Not exceeding 2 kanals for a well |
| 6. Hada Rori and tanning places | 1 kanals |
| 7. Public Latrines | ½ kanals |
| 8. School and play ground | 1 acre |
| 9. Cremation ground | 2 kanals |
| 10. Panchayat Ghar | 1 kanal (where there is no existing panchayat Ghar of theapproved design and specification) |
| 11. Water Courses | For the purpose of changes in alignment of Sarkari Watercourses or construction of new Sarkari Water Courses the areareserved shall be the actual area covered by them. But in thecase of Zamindari Water Courses the khals or water courses ofcustomary width shall be made available through the lands of theZamindars concerned without payment of compensation. |
| 1. Fuel Plantation | 1 acre |
| 2. Grazing ground | 2 acres |
| 3. Tanning places | 2 kanals if the area to be reserved for Hada Rori and Tanningplaces under compulsory items is insufficient). |
| 4. Thrashing and winnowing ground | 1 acre |
| 5. Rural Dispensary or First Aid Centre | 2 kanals |
| 6. Veterinary dispensary | 2 kanals |
| 7. Road side Add | 2 kanals |
| 8. Storage for fuel and fodder | 2 kanals |
| 9. Any other kindred purposes | 4 kanals |
1. Roads, Village roads, fields roads and arterial roads -
| (a) Village to village and circular roads | 4 to 6 karams wide |
| (b) (i) Roads to serve as communication to village fields fromvillage abadi | 3 to 2 karams wide |
| (ii) Paths leading to individual plots | 2 karams wide |
| (c) Roads leading to village drinking wells and ponds (forwatering cattle) | 1 to 2 karams wide |
| (d) Other roads including those to be laid under theDevelopment Scheme and to serve as links to existing pacca roads | 6 to 8 karams wide |
| 2. Extension of Abadi for non-proprietors | Each plot for extension of abadi of non-proprietors shall beof according to local requirements. However in villages which areclose to towns and where most of the non-proprietors have noconcern with Agricultural Operations and they earn theirlivelihood by doing labour in the adjoining towns the maximumarea to be set apart for the non-proprietors who depend onAgriculture shall not exceed 4 kanals in districts of JullundurDivision and 6 kanals in districts of Patiala Division. |
| 3. Tanks | According to local requirements. |
| 4. Manure pits | Not exceeding - |
| (i) one marla in the case of a non-proprietor | |
| (ii) For marlas in case of a proprietor | |
| 5. Wells for drinking water | Not exceeding 2 kanals for a well |
| 6. Hada Rori and Tanning places | 1 kanal |
| 7. Public Latrines | 1 kanal |
| 8. School and play-ground | 1½ acres |
| 9. Cremation ground | 2 kanals |
| 10. Panchayat Ghar | 2 kanals (where there is no existing Panchayat Ghar of theapproved designs and specifications) |
| 11. Water-courses | For the purposes of changes in alignment of SarkariWater-courses or construction of new Sarkari Water-courses thearea reserved shall be the actual area covered by them but in thecase of Zamindari Water courses the Khals or water-courses ofcustomary width shall be made available through the lands of theZamindar concerned without payment compensation. |
| 1. Fuel Plantation | 3 Acres |
| 2. Grazing ground | 2 Acres |
| 3. Tanning places | 2 kanals (if the area to be reserved for Hada Rori and tanningplaces under compulsory items is insufficient) |
| 4. Thrashing and winnowing | 1½ Acres |
| 5. Rural Dispensary or First Aid Centre | 2 kanals |
| 6. Veterinary Dispensary | 2 kanals |
| 7. Road side Add | 2 kanals |
| 8. Storage for fuel and fodder | 2 kanals |
| 9. Mela ground | 1 Acre |
| 10. Village Theatre | 1 to 2 Acres |
| 11. Gurdwara or Temple | 1 to 2 Acres |
| 12. Any other kindred purposes | 4 kanals |
1. Roads, village roads, field roads or arterial road -
| (a) Village to village and circular roads | 4 to Karams wide |
| (b) (i) Roads to serve as communication to village fields fromvillage abadi | 3 to 4 karams wide |
| (ii) Paths leading to individual plots | 2 karams wide |
| (c) Paths leading to village drinking wells and ponds (forwatering cattle) | 1 to 2 karams wide |
| 2. Extension of abadi for non-proprietors | Each plot for extension of abadi for non-proprietors shall beof 5 marlas and the total area shall be according to localrequirements. However even in villages which are close to townsand where most of the non-proprietors have no concern withAgricultural operations and they earn their livelihood by doinglabour in the adjoining towns the maximum area to be set apartfor the non-proprietors who depend on Agriculture shall notexceed 6 kanals in Districts of Jullundur Division and 9 kanalsin Districts of Patiala Division |
| 3. Tanks | According to local requirements |
| 4. Manure pits | Not exceeding - |
| (i) One marla in the case of a non-proprietor | |
| (ii) Four marlas in the case of proprietor | |
| 5. Wells for drinking water | Not exceeding 2 kanals for a well |
| 6. Hada Rori and Tanning places | 2 kanals |
| 7. Public Latrines | 1 kanal |
| 8. School and play-ground | 1½ acres |
| 9. Cremation ground | 2 kanals |
| 10. Panchayat Ghar | 2 kanals (where there is no existing Panchayat Ghar of theapproved design and specifications) |
| 11. Water-courses | For the purposes of changes in alignment of SarkariWater-courses or construction of new Sarkari Water-courses thearea reserved shall be the actual area covered by them but in thecase of Zamindari Water-courses the khals or water-courses ofcustomary width shall be made available through the lands of theZamindar concerned without payment of compensation. |
| 1. Fuel Plantation | 3 Acres |
| 2. Grazing ground | 4 Acres |
| 3. Tanning places | 2 kanals (if the area to be reserved for Hada Rori and tanningplaces under compulsory items is insufficient) |
| 4. Thrashing and winnowing ground | 1½ Acres |
| 5. Rural Dispensary | 2 kanals |
| 6. Veterinary Dispensary | 2 kanals |
| 7. Road side Add | 2 kanals |
| 8. Storage for fuel and fodder | 2 kanals |
| 9. Mela ground | 1 to 2 Acres |
| 10. Village Theatre | 1 to 2 Acres |
| 11. Gurdwara or Temple | 1 to 2 Acres |
| 12. An other kindred purposes | 4 kanals |
1. Roads, village roads, field roads or arterial roads -
| (a) Village to village and circular roads | 4 to 6 karams wide |
| (b) (i) Roads to serve as communication to village fields formvillage abadi | 3 to 4 karams wide |
| (ii) Paths leading to individual plots | 2 Karams wide |
| (c) Roads leading to village drinking wells and ponds (forwatering cattle) | 1 to 2 karams wide |
| (d) Other roads including those to be laid under theDevelopment Schemes and to serve as links to existing pacca roads | 6 to 8 karams wide |
| 2. Extension of abadi for non-proprietors | Each plot for extension of abadi for non-proprietors shall beof 5 marlas and the total area shall be according to localrequirements. However in villages which are close to towns andwhere most of the non-proprietors have no concern withAgricultural operation and they earn their livelihood by doinglabour in the adjoining towns the maximum area to be set apartfor the non-proprietors who depend on Agriculture shall notexceed one Acre in districts of Jallandhar Division and 1½Acres in districts of Patiala Division. |
| 3. Tanks | According to local requirements |
| 4. Manure pits | Not exceeding - |
| (i) one marla in case of a non-proprietor ; | |
| (ii) four marla sin case of a proprietor | |
| 5. Wells for drinking water | Not exceeding 2 kanals for a well |
| 6. Hada Rori and tanning places | 2 kanals |
| 7. Public Latrines | 1 kanal |
| 8. School and pay-ground | 2 Acres |
| 9. Cremation ground | 4 kanals (where there is no existing Panchayat Ghar of theapproved design and specifications) |
| 11. Rural dispensary | 2 kanals |
| 12. Veterinary Dispensary | 1 kanal |
| 13. Water-courses | For the purpose of changes in alignment of SarkariWater-courses or construction of new Sarkari Water-courses thearea reserved shall be the actual area covered by them. But inthe case of Zamindari Water-courses the khals or water-courses ofcustomary width will be made available through the lands of theZamindars concerned without payment of compensation. |
| 1. Fuel plantation | 3 Acres |
| 2. Grazing ground | 4 Acres |
| 3. Tanning places | 2 kanals (if the area to be reserved for Hada Rori and tanningplaces under compulsory items is insufficient) |
| 4. Thrashing and winnowing ground | 2 Acres |
| 5. Road side Add | 4 kanals |
| 6. Storage for fuel and fodder | 2 kanals |
| 7. Mela ground | 1 to 2 Acres |
| 8. Village Theatre | 1 to 2 Acres |
| 9. Gurdwara or Temple | 1 to 2 Acres |
| 10. Any other kindred purposes | 4 kanals |