Regarding maintaining effective control over the process of determining exchange ratios and plot formation ( AI traslated version of official Hindi Version . In case of discrepancies ,the HIndi Version shall Prevail )

Sender: Consolidation Commissioner Uttar Pradesh Lucknow. To, All 1. Deputy Director of Consolidation, 2. Settlement Officer, Consolidation, 3. Consolidation Officer, Uttar Pradesh. Letter No. 464/G-415/2012-13 Dated January 29, 2015 Subject: Regarding the determination of the exchange ratio and maintaining effective control over the process of consolidation. Sir, Drawing your attention to the above subject, it is stated that by determining the correct exchange ratio of the plots in the cut before preparing the preliminary consolidation plan under the provisions of Section 19 of the Uttar Pradesh Consolidation of Holdings Act, the preliminary consolidation plan can be implemented on site without any hassle. For this purpose, detailed provisions are provided in paragraphs 126 to 154 of Section 7 of the Uttar Pradesh Consolidation of Land and Land Manual. Paragraph 145 of Section 7 provides that "The Consolidation Officer and Settlement Officer shall examine the exchange ratio determined by the Consolidation Officer and Assistant Consolidation Officer as per the provisions. The Consolidation Officer shall record the Khasra numbers of the inspected plots in his daily routine. All officers shall write a list of inspected plots, clearly indicating the predetermined exchange ratio and the changed exchange ratio, on the first page of Form Sheet 2A and affix their dated signatures. The first four pages of Form Sheet 2A shall be kept blank for this list, which shall be sufficient for the Consolidation Officer, Settlement Officer, Deputy Director Consolidation, and other officers to examine." Paragraph 152A provides that "The Assistant Consolidation Officer should ensure that the exchange ratio is determined in accordance with the instructions given in paragraphs 126-152 of the Consolidation Manual and the Consolidation Officer should effectively verify and record complete details of the plots in which the Consolidation Officer makes changes in the Chart Sheet-2A. The Settlement Officer should periodically inspect the site and, where any difficulty arises, the Settlement Officer should verify the exchange ratio and, if necessary, change the exchange ratio of the plots and record the same in Chart Sheet-2A." Similarly, Section 13 of the Uttar Pradesh Consolidation of Landholdings Manual provides a detailed description of the procedures to be followed for the formation of land holdings. Section 278D (a) provides that the Consolidation Officer will ensure that extracts from Form 23 are issued to each tenant in the combined accounts and to all other tenants. The Consolidation Officer will also issue the following certificate on the last page of Form 23: "After examining the office copies of the Form 23 extracts, I am satisfied that the extracts have been distributed to all cultivators and that the plots have been measured on the spot. Therefore, I have granted permission to the Assistant Consolidation Officer to publish the Consolidation Plan." Thus, before determining the exchange ratio for each village and publishing the preliminary Consolidation Plan, it is mandatory for the Consolidation Officer to issue a certificate to the above effect after investigation. However, it is often discovered that Consolidation Officers are not performing their duties properly, which taints the Consolidation Plan and ultimately impacts the farmers. In such a situation, the Consolidation Officer must verify the above effect and issue a certificate. And the Settlement Officer will also issue a certificate after examining the Consolidation Officer's work. A copy of the certificates issued by the Consolidation Officer and Settlement Officer will also be sent to the Settlement Officer, Consolidation Deputy Director, and the Directorate, as the case may be. The Directorate will preserve and review the certificates district-wise and village-wise. If, under any circumstances, the village proceedings are reversed after the exchange ratio determination or Chak creation process, not only the concerned Assistant Consolidation Officer, but also the Consolidation Officer and Settlement Officer, will be held responsible. It is also noteworthy that Section 19(1)(e) of the Uttar Pradesh Consolidation of Lands Act provides that each account holder should be allotted a consolidated area, as far as possible, at the place where he or she has the largest share of his or her land holding. However, contrary to this, Assistant Consolidation Officers often allotted "flying chak" (land holding) to farmers outside their original land holdings. which is not appropriate. If, under unavoidable circumstances, it becomes necessary to allocate flying chaks, then a meeting should be held in the village and a proposal to this effect should be presented before the members of the Consolidation Committee regarding all such proposed flying chaks. After the committee's approval, it will be necessary to obtain the prior written consent of both the account holder who is being removed from the original land holding and the account holder on whose original land the chak is being allocated. The consent letter should be signed by the members of the Consolidation Committee as witnesses. Following the above procedure and properly determining the exchange ratio, publishing the preliminary consolidation plan under Section 20 of the Act will facilitate the smooth transition of possession of the site, thereby fostering satisfaction among farmers regarding the consolidation plan and enabling the consolidation plan to be completed expeditiously. It is often observed that consolidation officers and their superiors do not control the actions of their subordinates, which taints the consolidation plan and creates dissatisfaction among farmers. Consequently, due to irregularities committed by consolidation authorities, villages have to be excluded from the consolidation plan by promulgating a notification under Section 6(1) of the Uttar Pradesh Consolidation of Lands Act, which also tarnishes the department's image. If the Assistant Consolidation Officer does not fully discharge his or her duties, disciplinary action will be taken against them, holding the Assistant Consolidation Officer and the Settlement Officer responsible. In the event of a village being excluded from the consolidation process, the expenditure incurred on the consolidation plan during that period will be reimbursed from the salaries and allowances of the responsible Consolidation Officers. In view of the above, it is therefore directed that the Assistant Consolidation Officer should exercise effective control over the exchange ratio determination and Chak creation process by strictly adhering to the provisions and guidelines provided in the manual. Certificates should also be recorded on the records as directed and copies thereof should be sent to higher authorities and the Directorate. The Consolidation Officer and Settlement Officer will periodically inspect the exchange ratio determination and Chak creation process by the Assistant Consolidation Officer. Strict action will be taken against officers who do not comply with these instructions. The Directorate will periodically conduct thorough reviews of the effective action taken in compliance with these instructions. Yours sincerely (Suresh Chandra) Consolidation Commissioner, Uttar Pradesh. Copy- 1. Sent to the Principal Secretary, Revenue, Government of Uttar Pradesh, Lucknow, with the request that necessary instructions regarding compliance with the above guidelines be issued at the government level as well. 2. Sent to all District Magistrates/District Deputy Directors of Consolidation, Uttar Pradesh, for necessary action. (Suresh Chandra) Consolidation Commissioner, Uttar Pradesh.