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Section 33

Uttarakhand Hills Consolidation of Holding Land Reforms ActState Act of Uttarakhand · Act 21 of 2016

(1) The Director of Consolidation may call for and examine the record of any case decided or proceedings taken by any sub-ordinate authority for the purpose of satisfying himself as to the regularity of the proceedings, or as to the correctness, legality or propriety of any order other than an interlocutory order passed by such authority in the case or proceedings and may after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.

(2) Power under sub-section (1) may be exercised by the Director of Consolidation also on a reference under sub-section (3).

(3) Any authority subordinate-to the Director of Consolidation may after allowing the parties concerned an opportunity of being heard, refer, the record of any case or proceedings to the Director of Consolidation for action under sub-section (1).

Explanation (1)- For, the purposes of this section, Settlement Officers Consolidation, Consolidation Officers, Assistant Consolidation Officers, Consolidators and Consolidation Lekhpals shall be subordinate to the Director of Consolidation.

Explanation (2)- For the purposes of this section the expression interlocutory order in relation to a case or proceeding, means such order deciding any matter arising in such case or proceedings or collateral thereto as does not, have the effect of finally disposing of such case or proceeding.

Explanation (3)- Any decision in the write of purity, legality or interpretation of any order under this section whether by recorded facts by the subordinate authority or by legality and also be include review of any voice or recorded evidence.

Special provisions with respect to evacuee property 33-A (1) Notwithstanding anything contained in the foregoing provisions of this Act:-

(a) no decision of the Custodian (Evacuee Property thereinafter in this section referred to as the Custodian) in relation to title to any land vested in him as evacuee property under the provisions of the Administration of Evacuee property Act, 1950, shall be called in question and varied or reversed by any officer or authority under this act: and

(b) nothing in this Act, shall be construed as requiring the Custodian to stay any proceedings in relation to title to any such land pending before him on the date of the coming into force of those provisions of this Act under which proceedings in relation to title to land are required to be stayed or as empowering the consolidation officer or any other officer or authority to refer for determination of any question of title in relation to such land involved in any proceedings pending before the custodian on such date.

(2) Where as a result of consolidation operations in any village-

(a) lands, which are vested as evacuee property in the Custodian under the provisions of, the Administration of Evacuee Property Act, 1950, are included in holdings which are not vested in the Custodian as evacuee property, such land shall. on and from the date, of the coming into force of the consolidation scheme cease to be so vested in the Custodian, and the provision of the said Act shall thereupon cease to apply in relation thereto; and

(b) in lieu of such lands, corresponding lands shall be included in holdings which are vested in the Custodian as evacuee property, and such lands shall, on and from the date of the coming into force of the consolidation scheme, be deemed to be evacuee property declared as such within the meaning of die aforesaid Act and be vested in the Custodian and the provision of the said Act shall thereupon apply, so far as may be, in relation to such lands.

Exchange of possession 33-B (1) Where change of possession becomes' necessary amongst tenure-holders including the Land Management Committee of the circle as a result of orders passed under section 33, it shall be lawful for them to exchange possession amongst themselves in, accordance with such orders.

(2) Where change of possession cannot be effected by mutual arrangement, the Assistant Consolidation Officer shall affect delivery of possession to such tenure-holders and the Land Management Committee in accordance with the provisions of section 19.

Bar to civil jurisdiction

34. Notwithstanding anything contained in any other law for the time being in force, the declaration and adjudication of rights of tenure-holders in respect of land lying in an area, for which notification has been issued under sub-section (2) of section 3 or adjudication of any other rights arising out of consolidation proceedings and in regard to which a proceeding-could or ought to have been taken under this Act, shall be done in accordance with the provisions of this Act and no civil or revenue court shall entertain any suit or proceeding with respect to rights in such land or with respect to any other matters for which a proceeding could or ought to have been taken under this Act;

Provided that nothing in this section shall preclude the Assistant Collector from initiating proceedings under section 122-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 in respect of any land possession over which has been delivered or deemed to be delivered to a Gaon Sabha under or in accordance with the provisions of this Act.

Protection of action taken under this Act or rules made thereunder 34-A No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or rules made thereunder.

Exemption from court-fee

35. No court-fee shall be payable on any application made or any document filed, with the exception of a Vakalatnama, in any suit or proceedings under the provisions of this Act.

Instrument not necessary to effect transfer

36. Notwithstanding anything contained in any other law for the time being in force, no Instrument in writing shall be necessary for effecting a transfer of holdings involved in giving effect to a final consolidation scheme not shall any instrument, if executed, require registration.

Close of consolidation operations

Where this provision sits

ActUttarakhand Hills Consolidation of Holding Land Reforms Act
Section33
JurisdictionState of Uttarakhand
StatusIn force as published by the source

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