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  "title": "PUNJAB CONSOLIDATION OF HOLDINGS ORDINANCE, 1960",
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  "text": "THE PUNJAB CONSOLIDATION OF HOLDINGS \r\nORDINANCE, 1960 \r\n(VI of 1960) \r\nCONTENTS \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement. \r\n2. Definitions. \r\nCHAPTER II \r\nConsolidation of Holdings \r\n3. Who may move for consolidation of holdings. \r\n4. When an application for consolidation of holdings shall be deemed to be \r\non behalf of all the land-owners. \r\n5. Application by some of the owners and its effect. \r\n6. Transfer of rights of landowners in holdings and of tenants in tenancies. \r\n7. When application may be rejected. \r\n8. Admission of application. \r\n9. Preparation of scheme for consolidation of holdings and appointment of \r\nAdvisory Committee. \r\n9-A. Power to exclude from or include in consolidation any land. \r\n10. Publication of scheme, settlement of objections thereto and its \r\nconfirmation. \r\n11. Appeals. \r\n12. Payment of compensation. \r\n13. Power to call for and examine records. \r\n14. No appeal except as provided by this Ordinance. \r\n15. Procedure on confirmation. \r\n16. Rights of land-owners and tenants after consolidation same as before. \r\n17. Transfer of incumbrance to new allotments. \r\n18. Right of land -owners, tenants and persons affected in newly allotted \r\nholdings and tenements. \r\n18-A. Summary ejectment. \r\n19. Revenue Officer to prevent encroachment upon way or path shown in \r\nnew records. \r\nCHAPTER III \r\nSupplemental \r\n20. Cost of consolidation proceedings. \r\n21. Recovery of compensation or cost as arrears of land-revenue. \r\n22. No instrument necessary to effect transfer. \r\n23. Abeyance of partition proceedings during consolidation proceedings. \r\n24. Transfer of property during consolidation proceedings. \r\n25. Killabandi to be the basis. \r\n26. Jurisdiction of Civil Court barred as regards matt ers arising under this \r\nOrdinance. \r\n27. Public servants indemnified for acts done under this Ordinance. \r\n28. The Ordinance not to affect the validity of consolidation of holdings by \r\nCo-operative Societies duly registered. \r\n29. Power to make rules. \r\n30. Repeal. \r\nTEXT \r\n1\r\nTHE \r\n2\r\n[PUNJAB] CONSOLIDATION OF HOLDINGS ORDINANCE, 1960 \r\n(VI of 1960) \r\n[10 March 1960] \r\nAn \r\nOrdinance \r\nto consolidate and amend the law relating to consolidation of holdings in the \r\nProvince of \r\n3\r\n[the Punjab]. \r\nPreamble.– WHEREAS it is expedient to consolidate and amend the law relating to \r\nconsolidation of holdings in the Province of \r\n4\r\n[the Punjab]; \r\n NOW, THEREFORE , in pursuance of the Pres idential Proclamation of the \r\nseventh day of October, 1958, and having received the previous instructions of the \r\nPresident, the Governor of West Pakistan is pleased, in exercise of all powers \r\nenabling him in that behalf, to make and promulgate the following Ordinance:– \r\nCHAPTER I \r\nPreliminary \r\n1. Short title, extent and commencement .– (1) This Ordinance may be called \r\nthe \r\n5\r\n[Punjab] Consolidation of Holdings Ordinance, 1960. \r\n \r\n6\r\n[(2) It extends to the whole of the Province of \r\n7\r\n[the Punjab] , except the \r\nTribal Areas.] \r\n (3) It shall come into force\r\n8\r\n in such area or areas and from such  date or \r\ndates as Government may, by notification in the Official Gazette, specify. \r\n                                                           \r\n1This Ordinance was promulgated by the Governor of West Pakistan on January 19, 1960, published in the Gazette of West \r\nPakistan (Extraordinary), dated March 10, 1960, pp. 1431 -1441; saved and given permanent effect by Article 225 of the \r\nConstitution of the Islamic Republic of Pakistan (1962). \r\n2Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974)  (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), dated Nov ember 2 0, 1974, pp. 1425 -A-1425-PP, Article 2(2) read with \r\nSchedule, Part III, Serial No. 34. \r\n3Ibid. \r\n4Ibid. \r\n5Ibid. \r\n6Substituted by the West Pakistan Laws (Extension to Karachi) Ordinance, 1964 (VII of 1964), published in the Gazette of West \r\nPakistan (Extraordinary), dated May 25, 1964, pp. 1679-1688, s. 2 read with Schedule, Serial No. 34. \r\n7Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974)  (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Extraordinary), da ted November 2 0, 1974, pp. 1425 -A-1425-PP, Article 2(2) read with \r\nSchedule, Part III, Serial No. 34. \r\n8The Ordinance was brought in force in Dera Ismail Khan, Bannu, Kohat, Mianwali, Peshawar, Mardan, Hazara, Attock, \r\nRawalpindi, Gujrat, Muzaffargarh, Jhelum , Shahpur, Lahore, Gujranwala, Sialkot, Sheikhupura, Jhang, Lyallpur (now \r\nFaisalabad), Montgomery (now Sahiwal), Multan, (now includes District of Vehari), Dera Ghazi Khan Districts with effect from \r\nApril 11, 1960, vide Notification No. 18O&A(Rev)/60, date d 9.4.1960, published in the Gazette of West Pakistan \r\n(Extraordinary), dated April 11, 1960, p. 1691. \r\n2. Definitions.– In this Ordinance, unless the context otherwise requires, the \r\nfollowing expressions sha ll have the meanings hereby respectively assigned to \r\nthem, that is to say– \r\n(a) “arrears of land -revenue” means land -revenue which remains unpaid \r\nafter the date on which it becomes payable; \r\n(b) “Board of Revenue” means the Board of Revenue constituted under  \r\nthe \r\n1\r\n[Punjab] Board of Revenue Act, 1957\r\n2\r\n; \r\n3\r\n[(c) “Collector” means Collector appointed under the Punjab Land Revenue \r\nAct, 1967 (XVII of 1967) and includes any other officer specially \r\nempowered by the Board of Revenue to perform the functions of a \r\nCollector;] \r\n4\r\n[\r\n5\r\n[(d) “Commissioner” means a Commissioner of a Division appointed under \r\nthe Punjab Land Revenue Act, 19 67 (XVII of 1967) and includes an \r\nAdditional Commissioner;]]  \r\n(e) “Consolidation Officer” means an officer appointed by the Board of \r\nRevenue or by any other officer specially empowered by the Board of \r\nRevenue in this behalf, to perform all or any of the functions of a \r\nConsolidation Officer under this Ordinance; \r\n(f) “consolidation of holdings” means the re -distribution of all or any of the \r\nlands in an  estate or sub -division of an estate so as to reduce the \r\nnumber of plots; \r\n(g) “estate” means any area– \r\n(i) for which a separate record-of-rights has been made; or \r\n(ii) which has been separately assessed to land -revenue, or would \r\nhave been so assessed if th e land -revenue had not been \r\nreleased, compounded for or redeemed; or  \r\n(iii) which the Board of Revenue may, by general rule or special \r\norder, declare to be an estate; \r\n(h) “Government” means the \r\n6\r\n[Provincial Government of the Punjab]; \r\n                                                           \r\n1Substituted for the words “West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974)  (w.e.f. 14.8.1973), \r\npublished in the Punjab Gazette (Ex traordinary), dated November 2 0, 1974, pp. 1425 -A-1425-PP, Article 2(2) read with \r\nSchedule, Part III, Serial No. 34. \r\n2W.P. XI of 1957. \r\n3Substituted by the Punjab Consolidation of Holdings (Amendment) Ordinan ce, 2001 (XLII of 2001) (w.e.f.  14.8.2001), \r\npublished in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 2(i) which was protected and \r\ncontinued under the Provincial Constitutional Order, 1999 (Chief Executive’s Order 1 of 1999) as amended by the Provincial \r\nConstitution (Amendment) Order, 1999 (Chief Executive’s Order 9 of 1999) and Article 270AA of the Constitution of the Islamic \r\nRepublic of Pakistan as substituted by the Constitution (Eighteenth Amendment) Act, 2010. \r\n4Substituted by the Punjab Consolidation of Holdings (Ame ndment) Ordinan ce, 2001 (XLII of 2001) (w.e.f.  14.8.2001), \r\npublished in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 2(ii). \r\n5Substituted by the Punjab Laws (Amendment) Act 2011 (VI of 2011) , published in the Punjab Gazette  (Extraordinary), dated \r\nApril 14, 2011, pp. 4043-4047, s. 11(1). It came into force w.e.f.  20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated \r\nApril 16, 2011, published in the Punjab Gazette (Extraordinary), dated April 16, 2011, p. 4081. \r\n6Substituted for the words “Government of West Pakistan” by the Punjab Laws (Adaptation) Order, 1974 (1 of 1974)  (w.e.f. \r\n14.8.1973), published in the Punjab Gazette (Extraordinary), dated November 2 0, 1974, pp. 1425-A-1425-PP, Article 2(2) read \r\nwith Schedule, Part III, Serial No. 34. \r\n(i) “holding” means a share or portion of an estate held by one land-owner \r\nor jointly by two or more land-owners; \r\n(j) “land-owner” does not include a tenant, but does include a person to \r\nwhom a holding has been transferred, or an estate or holding has been \r\nlet in farm, for the recovery of arrears of land -revenue or of a sum \r\nrecoverable as such arrears, and every other person not hereinbefore \r\nmentioned who is in possession of an estate or any share or portion \r\nthereof, or in the enjoyment of any part of the profits of an estate; \r\n(k) “land-revenue” includes any sum payable in respect of land by way of \r\nquit-rent; \r\n(l) “prescribed” means prescribed by rules made under this Ordinance; \r\n(m) “Registrar” means the person appointed by Government to  perform the \r\nduties of a Registrar of Co-operative Societies under any law relating to \r\nCo-operative Societies; \r\n(n) “Revenue Officer” means a Revenue Officer having authority to \r\ndischarge the functions of a Revenue Officer under any law relating to \r\nland-revenue; and \r\n(o) “sub-division” means a part of  an estate recorded as a sub -division, \r\npatti, taraf or pana in a record-of-rights prepared under any law for the \r\ntime being in force relating to land -revenue, provided it forms a \r\ncompact block. \r\nCHAPTER II \r\nConsolidation of Holdings \r\n3. Who may move for conso lidation of holdings.– (1) The Board of Revenue \r\nor any officer authorised by it in this behalf may move the Consolidation Officer for \r\nthe consolidation of holdings in an estate or a sub-division. \r\n (2) Any two or more land -owners in an estate or a sub -division holding \r\ntogether not less than the minimum area of land prescribed in this behalf may make \r\nan application in writing to the Consolidation Officer f or the consolidation of their \r\nholdings. \r\n4. When an application for consolidation of holdings shall be deemed to be \r\non behalf of all the land -owners.– (1) Where an application for consolidation of \r\nholdings is made by or on behalf of all the land -owners of an estate or a sub -division \r\nand the scheme of consolidation of holdings is confirmed, such scheme shall be  \r\nbinding on all the land -owners of the estate or the sub -division and on every person \r\nhaving a right or interest or who may subsequently become entitled to such right or \r\ninterest in the area included in the scheme. \r\n (2) The motion or the application, as th e case may be, shall be deemed to \r\nbe an application on behalf of all the land-owners in the estate or sub-division, if– \r\n(a) the Board of Revenue or an officer authorised by it in this behalf moves \r\nthe Consolidation Officer for the consolidation of the hold ings in an \r\nestate or a sub-division; \r\n(b) not less than fifty -one per cent.  of the land -owners in an estate or a \r\nsub-division, holdings not less than fifty -one per cent. of the cultivated \r\narea in the estate or the sub -division, make an application for \r\nconsolidation of their holdings; or \r\n(c) on inquiry into an application made under sub -section (2) of section 3, \r\nthe Consolidation Officer is satisfied that not less than fifty -one per \r\ncent. of the land -owners in the estate or sub -division holding not less \r\nthan fifty-one per cent. of the cultivated area in the estate or sub -\r\ndivision, agree in writing to the consolidation of their holdings. \r\nExplanation.– If a part or the whole of the cultivated area in an estate or a sub -\r\ndivision is evacuee property as defined in the Pakistan (Administration of Evacuee \r\nProperty) Act, 1957\r\n1\r\n, or in any other law relating to the administration of such \r\nproperty, an application for consolidation of holdings made by the Custodian of \r\nEvacuee Property or an officer authorised by him in thi s behalf, or the consent given \r\nby him or the said officer, and where any such property has been acquired by \r\nGovernment under section 4 of the Displaced Persons (Land Settlement) Act, 1958\r\n2\r\n, \r\nan application for consolidation of holdings made by the Chief Set tlement and \r\nRehabilitation Commissioner, or an officer authorised by him in this behalf, or the \r\nconsent given by him or the said officer, shall be deemed to be an application or \r\nconsent on behalf of all evacuee land -owners of such cultivated area in the es tate or \r\nthe sub-division, or on behalf of the \r\n3\r\n[Federal Government], as the case may be. \r\n5. Application by some of the owners and its effect .– Where an application \r\nfor consolidation is not by or on behalf of all the land -owners, it shall be confined to \r\nthe land owned by the applicants and by such other land-owners who have agreed to \r\nthe consolidation of their holdings, and, if confirmed, it shall be binding on them and \r\non every person having a right or interest or who may subsequently become entitled \r\nto such right or interest in the area included in the scheme. \r\n6. Transfer of rights of landowners in holdings and of tenants in \r\ntenancies.– Notwithstanding anything in any other law, the rights and liabilities of \r\nland-owners in their holdings and of tenants in t heir tenancies shall, for the purpose \r\nof giving effect to any scheme of consolidation affecting them, be transferable by \r\nexchange or otherwise and neither the landlord nor the tenant nor any other person \r\nshall be entitled to object to or interfere with any transfer made for the said purpose. \r\n7. When application may be rejected.– (1) Where there appear to be good and \r\nsufficient reasons for disallowing an application for consolidation of holdings, or for \r\nexcluding any land from consolidation, the Consolidation Officer may, at any stage of \r\nthe proceedings, submit the application to the Collector with the recommendation \r\nthat the application be rejected in whole or in part, or that the proceedings in respect \r\nthereof be quashed. \r\n (2) The Collector, on receipt of t he recommendation, may pass such \r\norders thereon as he deems proper, rejecting or admitting the application, either in \r\n                                                           \r\n1XII of 1957. \r\n2XLVII of 1958. \r\n3Substituted for the words “ Central Government” by the Federal Adaptation of Laws Order,  1975 (4 of 1975), published in the \r\nGazette of Pakistan  (Extraordinary), Part I , dated August 1, 197 5, pp. 435-467, Arti cle 2( 3) read with Table of General \r\nAdaptations. \r\nwhole or in part, or he may direct the Consolidation Officer to make further \r\nrecommendation after such enquiry as may be directed. \r\n8. Admission of application .– If the Consolidation Officer makes no \r\nrecommendation to the Collector under sub-section (1) of section 7 or if the Collector \r\nallows the application on such recommendation to be entertained in whole or in part, \r\nthe Consolidation Offic er shall admit the application in whole or in part, as the case \r\nmay be, and shall proceed to deal with it in such manner as may be prescribed. \r\n9. Preparation of scheme for consolidation of holdings and appointment of \r\nAdvisory Committee .– (1) Where the land -owners making the application under \r\nsub-section (2) of section 3 submit an agreed scheme for consolidation of holdings, \r\nthe Consolidation Officer shall proceed with the application in such manner as may \r\nbe prescribed. \r\n (2) If no agreed scheme is submitted  with the application for consolidation, \r\nthe Consolidation Officer shall  prepare a scheme for consolidation of holdings in \r\nsuch manner as may be prescribed. \r\n (3) Subject to any rules made under section 29, the Consolidation Officer \r\nmay appoint an Advisory Committee or Panchayat to assist him in the preparation of \r\na scheme for the consolidation of holdings. \r\n1\r\n[9-A. Power to exclude from or include in consolidation any land .– \r\nNotwithstanding anything contained in this Ordinance, the Board of Revenue may, in \r\nthe public interest, direct, by general or special order, that any land, holding or class \r\nthereof shall be excluded from or included in any scheme of consolidation before it is \r\nconfirmed.] \r\n10. Publication of scheme, settlement of objections thereto and its \r\nconfirmation.– (1) The Consolidation Officer shall, before approving any scheme, \r\npublish it in such manner as may be prescribed. \r\n (2) Where objections are lodged by any person interested in the area \r\ncovered by the scheme, the Consolidation Officer shall end eavour to bring about an \r\namicable settlement. \r\n (3) If no objections are lodged, or where lodged the Consolidation Officer \r\nsucceeds in bringing about an amicable settlement, he shall pass an order \r\nconfirming the scheme of consolidation. \r\n (4) If the Consolidation Officer fails to bring about an amicable settlement, \r\nhe shall submit the scheme with his recommendations to the Collector, who after \r\ngiving notice to the persons concerned and hearing them if they so desire, may, after \r\nfurther enquiry by himself or a ny Consolidation Officer, or without such enquiry, as \r\nhe may deem fit, reject the scheme or confirm it with or without modifications. \r\n11. Appeals.– (1) Any person aggrieved by an order of the Consolidation Officer \r\nconfirming the scheme may, within sixty da ys from the date of the order, prefer an \r\nappeal to the Collector. \r\n                                                           \r\n1Added by the West Pakistan Consolidation of Holdings (Punjab Amendment) Ordinance, 1971 (IV of 1971), published in the \r\nPunjab Gazette (Extraordinary), dated March 22, 1971, pp. 323-324, s. 2, and shall be d eemed to have been so added on and \r\nfrom the date of enforcement of the main Ordinance i.e. April 11, 1960. \r\n (2) A second appeal from the order of the Collector passed on an appeal \r\nunder sub-section (1) shall lie to the \r\n1\r\n[\r\n2\r\n[Commissioner] within sixty days from the date \r\nof the order ; provided that when the order of the Consolidation Officer is confirmed \r\non appeal by the Collector, no second appeal shall lie. \r\n (3) Any person aggrieved by an order of the Collector made under sub -\r\nsection (4) of section 10 confirming, rejecting or modifying a scheme of consolidation \r\nsubmitted to him by the Consolidation Officer may, within sixty days from the date of \r\nthe order, prefer an appeal to the \r\n3\r\n[\r\n4\r\n[Commissioner]]. \r\n \r\n5\r\n[(3-A) The Collector or the \r\n6\r\n[\r\n7\r\n[Commissioner]], in appeal may, after giving the \r\naggrieved person or persons an opportunity of being heard confirm, set aside or vary \r\nthe order appealed from.] \r\n \r\n8\r\n[(4) In questions of the admission of, and the computation of the period for, \r\nan appeal from the order under this Ordinance, the limitation therefor shall be \r\ngoverned by the Limitation Act, 1908.] \r\n12. Payment of compensation .– When the Consolidation Officer or the \r\nCollector, as the case may be, is of the opinion that the re -distribution of land in \r\naccordance with the scheme of consolidation confirmed by him will have the result of \r\nallotting to any land -owner any piece of land which is not of the same value as his \r\noriginal piece of land and that it is equitable that compensation should be granted, he \r\nmay provide for payment of compensation by and to the persons as ma y be affected \r\nby the scheme. \r\n13. Power to call for and examine records.– \r\n9\r\n[(1) The Board of Revenue may– \r\n(a) at any time of its own motion call for the record of any proceedings \r\nunder  this Ordinance pending before, or disposal of, by any Revenue \r\nor Consolidation Officer; or \r\n                                                           \r\n1Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of \r\n2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3. \r\n2Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011), published in the Punjab Gazette ( Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f. \r\n20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), \r\ndated April 16, 2011, p. 4081. \r\n3Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of \r\n2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3. \r\n4Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f. \r\n20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), \r\ndated April 16, 2011, p. 4081. \r\n5Inserted by the West Pakistan Laws (Amendment) Ordinance, 1965 (XXXIV of 1965), published in the Gazette of West \r\nPakistan (Extraordinary), dated November 2, 1965, pp. 5607-5614, s. 3, read with Second Schedule, Serial No. 16. \r\n6Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of \r\n2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 3. \r\n7Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011), published in the Punjab Gazette (Extraordinary ), dated April 14, 2011, pp. 4043-4047, s. 11(2). It came into force w.e.f. \r\n20.4.2011 vide Notification No. 1078-2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette (Extraordinary), \r\ndated April 16, 2011, p. 4081. \r\n8Added by the West Pakista n Consolidation of Holdings (Amendment) Act, 1964 (XVI of 1964), published in the Gazette of \r\nWest Pakistan (Extraordinary), dated March 24, 1964, p. 953, s. 2. \r\n9Substituted by the West Pakistan Consolidation of Holdings (Amendment) Ordinance, 1965 (XVII of  1965), published in the \r\nGazette of West Pakistan (Extraordinary), dated July 9, 1965, pp. 3665-3666, s. 2. \r\n(b) on application made to it in that behalf by a person aggrieved within \r\nninety days of the passing of an order in any proceedings under this \r\nOrdinance by any Revenue or Consolidation Officer, and after giving \r\nsuch person an opportunit y of being heard, call for the record of such \r\nproceedings.] \r\n (2) \r\n1\r\n[\r\n2\r\n[A Commissioner ]] or Collector may call for the record of any case \r\nunder this Ordinance pending before, or disposed of by, any Revenue Officer or \r\nConsolidation Officer under his control. \r\n (3) If in any case in which a Collector has called for the record under sub -\r\nsection (2), he is of opinion that the proceedings taken or order made should be \r\nmodified or reversed; he shall report the case with his opinion thereon for the orders \r\nof the \r\n3\r\n[\r\n4\r\n[Commissioner]]. \r\n (4) The Board of Revenue may in any case called for under sub -section \r\n(1) and \r\n5\r\n[\r\n6\r\n[a Commissioner]] may in any case called for by him under sub -section (2) \r\nor reported to him under sub-section (3), pass such order as it or he thinks fit: \r\n Provided that no order shall be passed under this section reversing or \r\nmodifying any proceedings or order of a subordinate Revenue Officer and affecting \r\nany question of right between private persons without giving those persons an \r\nopportunity of being heard. \r\n14. No appeal except as provided by this Ordinance.– Save as provided in this \r\nOrdinance no appeal or revision shall lie from any order passed under this \r\nOrdinance or the rules made thereunder. \r\n15. Procedure on confirmation .– When the confirmation of a sch eme of \r\nconsolidation becomes final, the Consolidation Officer shall– \r\n(a) announce the decision which has become final, if this has not been \r\nalready done; \r\n(b) demarcate the boundaries of the holdings, if necessary; and \r\n(c) cause to be prepared a new record -of-rights in accordance with the \r\nscheme. \r\n                                                           \r\n1Substituted for the words “A Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of \r\n2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(i). \r\n2Substituted for the words  and brackets “An Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 \r\n(VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(i). It came into force \r\nw.e.f. 20.4.2011 vide Notification No. 1078 -2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette \r\n(Extraordinary), dated April 16, 2011, p. 4081. \r\n3Substituted for the word “Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of \r\n2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(ii). \r\n4Substituted for the words and brackets “Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011 (VI of \r\n2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(ii). It came into force \r\nw.e.f. 20.4.2011 vide Notification No. 1078 -2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette \r\n(Extraordinary), dated April 16, 2011, p. 4081. \r\n5Substituted for the words “a Commissioner” by the Punjab Consolidation of Holdings (Amendment) Ordinance, 2001 (XLII of \r\n2001) (w.e.f. 14.8.2001), published in the Punjab Gazette (Extraordinary), dated November 14, 2001, pp. 1803-1804, s. 4(iii). \r\n6Substituted for the words  and brackets “an Executive District Officer (Revenue)” by the Punjab Laws (Amendment) Act 2011  \r\n(VI of 2011), published in the Punjab Gazette (Extraordinary), dated April 14, 2011, pp. 4043-4047, s. 11(3)(iii). It came into \r\nforce w.e.f.  20.4.2011 vide Notification No. 1078 -2011/487-LR-I, dated April 16, 2011, published in the Punjab Gazette \r\n(Extraordinary), dated April 16, 2011, p. 4081. \r\nExplanation.– Such record -of-rights shall have the same force as the record -of-\r\nrights which it purports to replace. \r\n16. Rights of land -owners and tenants after consolidation same as before .– \r\nA land-owner or a tenant shall have the same right s in the holding or land allotted to \r\nhim in pursuance of a scheme of consolidation as he had in his original holding or \r\ntenancy, as the case may be. \r\n17. Transfer of incumbrance to new allotments.– Subject to any rules that may \r\nbe made under section 29, when the holding of a land -owner or the tenancy of a \r\ntenant brought under the scheme of consolidation is burdened with any lease, \r\nmortgage or other incumbrance, such lease, mortgage or other incumbrance shall be \r\ntransferred and attac hed to the holding or tenancy allotted under the scheme or to \r\nsuch part of it as the Consolidation Officer may direct; and, thereupon, the lessee, \r\nmortgagee or other incumbrancer, as the case may be, shall cease to have any right \r\nin or over the land from w hich the lease, mortgage or other incumbrance has been \r\ntransferred. \r\n18. Right of land -owners, tenants and persons affected in newly allotted \r\nholdings and tenements.– The land-owners, tenants and other persons affected by \r\nthe scheme of consolidation shall b e entitled to possession of the holdings and \r\ntenements allotted to them under the scheme and the Consolidation Officer shall, by \r\nan order, direct that they be put in possession thereof from such date after the final \r\nconfirmation of the scheme, as he may de em expedient, and for this purpose he \r\nshall have all the powers of the Collector. \r\n1\r\n[18-A. Summary ejectment .– Any person occupying, or in possession of, any \r\nholding or tenement included in the Consolidation Scheme– \r\n(a) the right of occupation of which has been allotted to any land -owner, \r\ntenant or other person under the Consolidation Scheme; or \r\n(b) possession of which has not been authorised by the Consolidation \r\nOfficer under the Consolidation Scheme; \r\nmay, after being given a reasonable opportunity of showi ng cause \r\nagainst such action, be summarily ejected by the Consolidation Officer, \r\nwith the use of such force as may be necessary: \r\n Provided that no person shall be so ejected earlier than the date mentioned in \r\nthe order made under section 18.] \r\n19. Revenue O fficer to prevent encroachment upon way or path shown in \r\nnew records.– A Revenue Officer may, either of his own motion or on an application \r\nin this behalf, eject any person making any encroachment upon any way or path \r\nshown in the record -of-rights prepared under section 15, and by an order published \r\nin such manner as may be prescribed, forbid repetition of the encroachment: \r\n Provided that the proceedings of the Revenue Officer shall be subject to any \r\ndecree or order which may be passed by any Court of competent jurisdiction. \r\n                                                           \r\n1Added by the West Pakistan Consolidation of Holdings (Amendment) Ordinance, 1965 (XVII of 1965), published in the Gazette \r\nof West Pakistan (Extraordinary), dated July 9, 1965, pp. 3665-3666, s. 3. \r\nCHAPTER III \r\nSupplemental \r\n20. Cost of consolidation proceedings.– The cost of consolidation proceedings \r\nshall be recovered, in such manner as may be prescribed, from the person s whose \r\nholdings are affected by the scheme of consolidation: \r\n Provided that Government may remit the costs of a single scheme of \r\nconsolidation or of all schemes of consolidation in a particular area either in whole or \r\nin part or for a term of years. \r\n21. Recovery of compensation or cost as arrears of land -revenue.– Any \r\namount payable as compensation under section 12 or as costs under section 20 may \r\nbe recovered as an arrear of land-revenue. \r\n22. No instrument necessary to effect transfer .– Notwithstanding anything in \r\nany law:– \r\n(a) an instrument in writing shall not be necessary in order to give effect to \r\na transfer involved in carrying out any scheme of consolidation of \r\nholdings; and \r\n(b) if any instrument is executed, it shall not require registration. \r\n23. Abeyance of partition proceedings during consolidation proceedin gs.– \r\nWhen an application for the consolidation of holdings has been made and it has \r\nbeen duly admitted, partition proceedings in respect of the estate or sub -division \r\nwhich will be affected by the scheme shall not be commenced, and all pending \r\nproceedings shall remain in abeyance till the conclusion of the consolidation \r\nproceedings. \r\n24. Transfer of property during consolidation proceedings .– When an \r\napplication for the consolidation of holdings has been made, no land -owner or tenant \r\nhaving a right of occupa ncy upon whom the scheme will be binding shall have \r\npower, without the sanction of the Consolidation Officer, during the pendency of the \r\nconsolidation proceedings, to transfer or otherwise deal with any part of his holding \r\nor tenancy so as to affect the ri ghts of any other land -owner or tenant having a right \r\nof occupancy therein under the scheme of consolidation. \r\n25. Killabandi to be the basis.– Consolidation of holdings shall be carried out on \r\nthe basis of killabandi where the physical features of the tract under operation permit \r\nsuch a course. \r\n26. Jurisdiction of Civil Court barred as regards matters arising under this \r\nOrdinance.– No Civil Court shall entertain any suit or application to obtain a decision \r\nor order in respect of any matter which Government or the Board of Revenue or any \r\nofficer is, by this Ordinance, empowered to determine, decide or dispose of. \r\n27. Public servants indemnified for acts done under this Ordinance .– No suit \r\nor other legal proceedings shall be maintained in respect of the exerci se of any \r\npowers or discretion conferred by this Ordinance or against any public servant or \r\nperson duly appointed or authorised under this Ordinance in respect of anything in \r\ngood faith done or purported to be done under the provisions thereof or the rules  \r\nmade thereunder. \r\n28. The Ordinance not to affect the validity of consolidation of holdings by \r\nCo-operative Societies duly registered .– In relation to any Co -operative Society \r\nduly registered under any law for the time being in force relating to Co -operative \r\nSocieties, having as its object the consolidation of holdings, nothing in this \r\nOrdinance shall affect the validity or enforceability of– \r\n(a) the acts or proceedings of any society as aforesaid or of its managing \r\ncommittee or servants; \r\n(b) any decision o f any society as aforesaid approving by a two -thirds \r\nmajority of its whole membership, a scheme for the re -arrangement of \r\nthe holdings of all or any members of such society; or \r\n(c) the acts, proceedings and awards done, taken or made by the \r\nRegistrar acting as arbitrator, or by a person appointed by the Registrar \r\nin accordance with the bye -laws of such society and the rules \r\napplicable to it, to act as arbitrator, in respect of any dispute arising out \r\nof or relating to any scheme of re -arrangement as aforesa id, and all \r\nsuch acts, proceedings, decisions and awards shall have such effect in \r\nrelation to the holdings which have been re -arranged thereby, as is \r\nprovided by the aforesaid bye-laws and rules. \r\n29. Power to make rules .– (1) The Board of Revenue may afte r previous \r\npublication make rules\r\n1\r\n for the purpose of carrying into effect the provisions of this \r\nOrdinance. \r\n (2) In particular and without prejudice to the generality of the foregoing \r\npower, the Board of Revenue may, in the manner prescribed by the last p receding \r\nsub-section, make rules– \r\n(a) prescribing the minimum area of land to be held by the persons making \r\nan application under sub-section (2) of section 3; \r\n(b) providing for the particulars to be contained in any application made \r\nunder sub-section (2) of section 3; \r\n(c) providing for the procedure to be followed by the Consolidation Officer \r\nand for the appointment and constitution of an Advisory Committee or \r\nPanchayat to assist the Consolidation Officer in the examination or the \r\npreparation of the scheme; \r\n(d) providing for the manner in which the costs of the consolidation \r\nproceedings shall be assessed;  \r\n(e) providing for the appointment of guardians ad litem for minors; \r\n(f) for determining the value of lands and the compensation to be paid \r\ntherefor; \r\n                                                           \r\n1The West Pakistan  Consolidation of Holdings Rules, 1960 we re framed vide Notification No. 1691 -60/1042-CH(P), dated \r\n6.08.1960, published in the Gazette of West Pakistan (Extraordinary), dated 22.08.1960, pp. 3475-3478. \r\n(g) for the guidance of Consolidation Officers in respect of the transfer of \r\nincumbrances and leases; \r\n(h) generally for the guidance of the Consolidation Officers and other \r\nofficers and persons in all proceedings under this Ordinance; and \r\n(i) for appointment of  an officer or officers to supervise the consolidation \r\noperations and to supervise and control the consolidation staff. \r\n30. Repeal.– The Punjab Consolidation of Holdings Act, 1936\r\n1\r\n, and the North -\r\nWest Frontier Province Consolidation of Holdings Act, 1946\r\n2\r\n, are hereby repealed. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                           \r\n1Punjab IV of 1936. \r\n2N.W.F.P. IX of 1946.",
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