Section 3A in U.P. Consolidation of Holdings Rules, 1954
3A.
Section 3(2AA). - (1) There shall be Consolidation Committee for each unit having not less than five and not more than eleven members. In cases in which election of members becomes necessary in view of the provisions of sub-rule. (4), the Settlement Officer, Consolidation shall fix the number of members, not exceeding seven to be elected after taking into consideration the total number of tenure-holders in the unit and the strength of the Land Management Committee or Committees having jurisdiction therein. These members shall be elected by the members of the Land Management Committee or Committees of the village/villages falling in the unit from amongst such of them who possess qualifications prescribed in sub-rule (3). The Settlement Officer, Consolidation may with a view to making the Committee more representative nominate, not more than four members from amongst the tenure-holders of the unit possessing the necessary qualifications. One of the members nominated may be a representative of the co-operative farm or farms registered under Section 297 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, if there be any in the unit. In addition to the elected and the nominated members, the village Level Worker or Workers posted within the unit shall be ex officio members of the Committee without right to vote.(2)[***] [Deleted by Notification No. 437-CH/I-E-256-61, dated 25.3.1964.].(3)The members of the Consolidation Committee shall preferably be literate and must be-(i)not below twenty-one years of age; and(ii)carrying on cultivation within the unit:Provided that if sufficient number of members of the Land Management Committee carrying on cultivation in the unit is not available to make up the required number of elected members, the remaining may be elected out of the other members of the Land Management Committee:[Provided further that the conditions mentioned in clauses (i) and (ii) shall not apply to the ex officio members.] [Added by Notification No. 437-CH/I-E-256-61, dated 25.3.1964.](4)Where a unit consists of only one village and the number of members of the Land Management Committee of the village does not exceed five, all the members of the Land Management Committee shall become members of the Consolidation Committee. In cases in which the number of members of Land Management Committee of the village exceeds five or where the unit consists of more than one village, the number of members of Land Management Committees put together exceeds five, the Consolidation Officer shall call upon [members of] [Substituted by Notification No. 437-CH/I-E-256-61, dated 25.3.1964.] the Land Management Committee or Committees, as the case may be, to elect the [number of members required to be elected in, accordance with the orders of the Settlement Officer, Consolidation, passed under sub-rule (1)] [Substituted, by Notification No. 437-CH/I-E-256-61, dated 25.3.1964.].(5)In cases in which the Consolidation Committee is elected by one Land Management Committee only, the Chairman of the Land Management Committee, if elected as a member of the Consolidation Committee shall act as a Chairman of the Consolidation Committee. In other cases, after the Settlement Officer, Consolidation, has made nominations, if any, of members as laid down in sub-rule (1) the Committee shall elect a Chairman from amongst its members.(5)[ (a) In cases in which the Consolidation Committee is elected by one Land Management Committee only, the Chairman of the Land Management Committee if elected as a member of the Consolidation Committee shall act as Chairman of the Consolidation Committee also :Provided that, if the Chairman of Land Management Committee on his election as a member of the Consolidation Committee or at any time thereafter refuses to act as Chairman of the Consolidation Committee, or resigns from the office, the above provision shall not apply and the members of the Committee shall elect the Chairman from amongst themselves.(b)In cases not covered by clause (a), the members of the Consolidation Committee shall elect a Chairman from amongst themselves after the Settlement Officer, Consolidation, has made nominations, if any, as laid down in sub-rule (1)].(6)(a)The elections shall be conducted by the Consolidator and the procedure laid down in Rules 3 to 10 of the Uttar Pradesh Panchayat Raj Land Management Committee (Election of Members) Rules, 1963 in respect of election of members of Land Management Committees shall mutatis mutandis be followed.(b)Any person aggrieved by the conduct of the election under clause (a) may, within fifteen days of the date of the election, file an objection before the Settlement Officer, Consolidation whose decision thereon shall be final.(7)The Consolidation Committee so constituted shall function till the issue of the notification under Section 52 of the Act, unless it is reconstituted or some other authority is appointed in its place under the provisions of sub-rule (10), or unless the term of Land Management Committee, or of any of the Land Management Committees, if the Consolidation Committee was elected by more than one Land Management Committee, has expired. In the latter cases, the Consolidation Committee shall continue to function till such time as the new Land Management Committee or Land Management Committees, as the case may be, elect another Consolidation Committee:Provided that where the newly elected Land Management Committee is likely to be replaced by another Land Management Committee before the issue of notification under Section 52 in respect of the unit, the Director of Consolidation may, for reasons to be recorded, by general or special order, require that the Consolidation Committees already constituted shall continue to function till such time as may be specified by him.(8)In respect of any area to which sub-section (2) of Section 117-A of the U.P. Zamindari Abolition and Land Reforms Act, 1950, is applicable, the Collector, after consultation with Chairman of the local authority concerned, shall nominate from amongst the residents of the area concerned, such number of qualified members, not being less than 5 or more than eleven, as may have been determined by the Settlement Officer, Consolidation.(9)[ (a) Where the persons nominated by the Collector under sub-rule (8) include the Chairman of the local authority, he shall act as a Chairman of the Consolidation Committee also:Provided that, if the Chairman of the local authority on his nomination as a member of the Consolidation Committee or at any time thereafter refuses to act as Chairman of the Consolidation Committee, or resigns from the office the above provision shall not apply and the members of the committee shall elect the Chairman from amongst themselves.(b)In cases not covered by clause (a), the members of the committee nominated by the Collector, shall elect a chairman from amongst themselves.](10)[ Where at any time the District Deputy Director of Consolidation finds -(i)that a Land Management Committee does not exist in a unit notified under Section 4(2) of the Act or that the Land Management Committee or Committees has or have failed to elect the fixed number of members of the Consolidation Committee within a reasonable time, he may, by notification in the Official Gazette, nominate such number of persons being not less than two, and the Consolidation Committee shall consist of the said persons, and the information of such nominations shall be given in the unit by beat of drum and such information shall also be pasted on the notice board of the office of the Assistant Consolidation Officer, or(ii)that the Consolidation Committee has refused or failed without reasonable cause or excuse to discharge the duties or perform the functions, imposed or assigned by the Act or the Rules, or circumstances have so arisen that the Consolidation Committee has been rendered unable to discharge the duties or to perform the functions aforesaid, he may, by notification in the Official Gazette, constitute a new Consolidation Committee in accordance with the provisions of these rules, or nominate such number of persons being not less than two as he may deem fit to constitute the new Committee.](11)[ The resignation of a member or a Chairman of a Consolidation Committee may be accepted by the Settlement Officer, Consolidation.(12)(a)Vacancies among members of a Consolidation Committee shall be filled in -(i)by election by the Land Management Committee or Committees, as the case may be, in the manner laid down in sub-rule (6) in case the outgoing member was an elected member;(ii)by nomination by the Settlement Officer Consolidation or the Collector, as the case may be in case the outgoing member was a nominated member.(b)A vacancy in the office of the Chairman of Consolidation Committee shall be filled in the manner laid down in sub-rule (5) or sub-rule (9), as the case may be.]
