Section 9 in The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958
9. Rules for preparation of draft scheme of consolidation under sections 11 and 40(2)(k) Rules for the guidance of the Village Advisory Committee, the [Assistant Consolidation Officer] [Substituted for words 'Consolidation Officer' by S.O. 1461 dated 26.8.1976.] and other persons in preparing the scheme of consolidation under sections 11 and 40(2)(k).
- The following procedure shall be followed in preparing the draft scheme of consolidation:-(1)[ An attempt shall be made to provide land for a circular road round the basti which may be connected by roads with other villages on north, south, east and west, as the case may be.] [Substituted by S.O. 1461 dated 26.8.1976.](2)[ Wherever possible land should be allotted for Gram Panchayat Ghar, children playground, construction of house for landless labourers, Gochar and any other object of similar nature for which reservation of land may be considered necessary in the interest of the raiyats in the unit. If the total area of Gair Mazrua Malik and Aam land in the village is not sufficient for the purpose a pro rata contribution may be taken from the villagers provided that no contribution shall be taken from a person who has got less than:- [Substituted by S.O. 1461 dated 26.8.1976.](a)one acre of land irrigated by flow irrigation, tube-well or lift irrigation,(b)two acres of unirrigated land, or(c)4 acres of hilly or sandy land.None should be required to contribute land exceeding 5 percent of the value of his original holding.](3)As far as possible each tenant after consolidation of his holding shall have land of the same value as he had previously, subject to any contribution which he may make towards the village common lands.(4)If a tenant had paddy and bhit lands or don and tanr lands before consolidation, he should as far as possible get both classes of land after consolidation.(5)For the purpose of consolidation, the village should be divided into blocks having the same classification of soil.(6)Every tenant shall as far as possible be allotted land in the block where he holds the largest part of the major portion of his holdings, priority being given to those who have the largest area of land within that block and if any tenant cannot be allotted land in the block where he has major portion, he should be allotted land where he has got his second or third major portion:[Provided that all such landholders of a village who have not more than one acre of land in the village, with their consent in any one side of the village and other landholders will get chaks only after allotting chaks to such landholders.] [Inserted by S.O. 1461 dated 26.8.1976.](7)If a tenant has to be allotted land in more than one block, he shall as far as possible be allotted land on the boundary of the blocks so as to form a compact area.(8)As far as practicable the land helds by an under raiyat [* *] [Omitted by S.O. 1461 dated 26.8.1976.] shall be consolidated as provided in [sub-section (g) of Section 11] [Substituted by S.O. 1461 dated 26.8.1976.]. Where such an under raiyat holds land under more than one raiyat, the total area of the land to be allotted to him should be in one block and should be divided into sub-plots according to the proportionate area held under each raiyat.(9)The tenants belonging to the same family shall as far as possible be given neighbouring plots.(10)The sites of the existing buildings of Government departments and local authorities should not be disturbed.(11)[ The draft scheme shall also state explicitly- [Substituted by S.O. 1461 dated 26.8.1976.](a)the areas of land used for public purposes proposed to be amalgamated with any holding and showing the areas earmarked for public purposes under section 11 (3);(b)the encumbrance attached to a holding, the amount, name of the person in whose favour the encumbrance exists and the nature and terms of the encumbrances.(12)(a)The Assistant Consolidation Officer shall prepare the draft consolidation scheme in Form XXII-A in consultation with the members of the Village Advisory Committee after consulting as many raiyats as he is able to collect.(b)The consolidation scheme prepared under sub-rule (12)(a) shall be accompanied with a copy of the map of the unit showing the points allotted to raiyats and the location of land set apart for the public purposes.(c)All cutting and overwriting in the draft scheme shall be initialled and dated by the persons responsible for them and also by the Assistant Consolidation Officer. An Errata list in Form XXVII shall be prepared in respect of all corrections in the draft scheme and it shall be attached to the record of the village.][9A. The scheme prepared under section 11 alongwith a map and a general notice in Form XII-A shall be published in the unit in the manner prescribed in rule 13. Relevant extract from the draft consolidation scheme shall be prepared by the Amin in duplicate in respect of each raiyat and under raiyat. It shall be attested by the Assistant Consolidation Officer and one copy of the extract shall be issued to the raiyat or under raiyat, on demand, free of charge. It shall be the responsibility of the Assistant Consolidation Officer to ensure that no harassment is caused to any raiyat or under raiyat in supplying the extract.] ['Rules 9A to 9F' inserted by S.O. 1461 dated 26.8.1976.][9B. The objections received by the Assistant Consolidation Officer under section 12(2) shall be forwarded by him to the Consolidation Officer for disposal. Separate files shall be opened for each case in which objections are received under Section 12(2) of the Act. The file of each case shall deal with one set of parties. All the objections shall be entered in a register in Form XXV in the office of the Consolidation Officer.] ['Rules 9A to 9F' inserted by S.O. 1461 dated 26.8.1976.][9C. (1) If as a result of the orders passed under section 12-A the draft consolidation scheme has to undergo numerous changes which it may not be easily possible to incorporate in the existing statement itself, a fair copy thereof alongwith a copy of the map of the unit showing the plots allotted to the raiyats, and location of the land set apart for public purposes may be prepared before it is confirmed and published under section 13(1) and (2).(2)All the cuttings and overwritings in the draft consolidation scheme as confirmed by the Assistant Director of Consolidation and published under sub-section (2) of Section 13 shall be initialled and dated by the persons responsible for the cuttings and overwritings and also by the Assistant Consolidation Officer. They shall be brought on an Errata list in Form XXVII.] ['Rules 9A to 9F' inserted by S.O. 1461 dated 26.8.1976.][9D. Upon confirmation of the scheme under sub-section (1) of Section 13, it shall be published in the unit by beat of drum and a copy of the confirmed scheme shall be displayed in the office of the Assistant Consolidation Officer.] ['Rules 9A to 9F' inserted by S.O. 1461 dated 26.8.1976.][9E. The procedure to be followed under section 17-A by the Assistant Consolidation Officer in putting the raiyats in actual physical possession over the chaks allotted to them shall be the same as prescribed in the Civil Procedure Code for delivery of possession over immovable property in execution of a decree.] ['Rules 9A to 9F' inserted by S.O. 1461 dated 26.8.1976.][9F. After the scheme is confirmed under sub-section (1) of Section 13 and published in the unit under sub-section (2) of Section 13 the Consolidation Officer shall in consultation with the Village Advisory Committee fix a date from which the final consolidation scheme shall come into operation. Such date shall be published in the unit by beat of drum.] ['Rules 9A to 9F' inserted by S.O. 1461 dated 26.8.1976.]
