Section 39 in Uttrkhand Hills Consolidation of Holdings and Land Reforms Act, 2016
39. Power to make Rules.
(1)The State Government may by notification in the Gazette make rules for the purposes of carrying into effect the provisions of this Act.(2)Without prejudice to the generality of foregoing power, such he may provide for :-(a)the form of notification under sub-section (2) of section 3 ;(b)the constitution of consolidation committee under clause (d) of section 2, determination of the terms of members of the Consolidation Committee and action to be taken on a vacancy occurring therein;(c)the procedure for the disposal of suits and proceedings stayed under sub section (2) of section 3 ;(d)the condition to be observed by the Settlement Officer (Consolidation) in granting permission referred to in clause (c) of sub-section (1) of section 3, for transfer of holdings of in the consolidation area;(e)procedure relating to the revision of maps and records including declaration of rights, partition of joint-holdings, valuation of plots, determination and apportionment of compensation for wells, trees and other Improvements and the preparation and publication of the statement of principles under sections 7 to 11 and 12 ;(f)the determination of land revenue over new holdings and distribution thereof on the portions of old holdings under section 12-A ;(g)procedure relating to amalgamation of holding under section 12-B ;(g)the procedure and the manner relating to the preparation publication and confirmation of the. consolidation scheme under sections 13-A, 14 and 16;(i)the procedure and the manner of issue of allotment orders under section 16;(j)title procedure and the manner in which the views of the Consolidation Committee shall be obtained on matters specified for this purpose ;(k)the determination of the public purposes for which areas may be earmarked and the manner in which this shall be done ;(l)the matters relating to transfer of rights from the public land to other land earmarked for public purposes;(m)the procedure for entering into possession under sections 17 and 19;(n)the procedure and the manner for determination of compensation to be paid to or recovered from any person under this Act;(o)the circumstances and the matters which shall be taken into consideration in distributing the cost of consolidation. including the proportion in which the distribution may be made;(p)the matters relating to the mode of service of notice or documents under this Act ;(q)the procedure to be followed in all proceedings including applications and appeals under this Act ;(r)the duties of any officer, or authority having jurisdiction under this Act and the procedure to be followed by such officer and authority;(s)the time within which applications and appeals may be presented under this Act in cases for which no specific provision in that behalf has been made herein;(t)imposing limits of time within which things to be done for the purposes of the rules must be done, with or without powers to any authority therein specified to extend limits imposed;(u)the transfer of proceedings from one authority or officer to another; and(v)any other matter which is to be or may be prescribed.(3)All rules made under this section shall, as soon as may, after they are made, be laid before each House of the State Legislature, while it is in session, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modification or annulments as the two Houses of the Legislature may, during the said period agree to make so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
