(1) The scheme prepared by the Consolidation fficer may provide for the distribution of land held under occupancy tenure between the tenants holding a right of occupancy and his landlord in such proportion as may be agreed upon between the parties.
(2) When the scheme is [confirmed] under section 20, the land so allotted to the occupancy tenant and the xi landlord shall, notwithstanding any thing to the contrary i contained in the Punjab Tenancy Act, 1887 or in any other law for the time being in force, be held by each of them, respectively in full right of ownership, and the right of occupancy in the land allotted to the landlord shall be deemed to be estinguished. | Power to_make pro- “[16-A. (1) Notwithstanding anything contained in to partition ime Chapter IX of the Punjab Land Revenue Act, 1887, except occupancy Joint section 117 thereof, the scheme prepared by the Consoli- dation Officer may provide for the partition of land between joint-owners of land, or between joint-tenants of a tenancy in which a right of occupancy subsists, in accordance with the share of each Owner or tenant in the land or tenancy, as the case may be, if—
(a) such share is recorded under Chapter IV of that Act as belonging to him, or
(6) the right of such owner or tenant to such share has been established by a decree which is stil ubsisting at the time of preparing the scheme, EI ie off ae *Substituted for the words “Fi nally sanctioned’ : 25 of 1962: “New section 16-A,’ toned’ by Punjab Act No inserted by Punjab Act No. 20 of 1959.
g ; East Pb. Act.] HoLbincs (CONSOLIDATion c) a written acknow (Gor exeCute a be ement of such right has the admission or denia] thereek interested in Q hae es scheme is 1{*] confirmed section 20, the land so partitioned shall, notwithstanding he contrar anything to t y contained in a time being In force, be held by each such ae the in full right of ownership or tena enant . r tenancy,-as the case and the rights of other joint-owners or joint-enante in the land shall be deemed to be extinguished.]
17. (J) Whenever in preparin consolidation of holdings, if appears to conse. for the public rot Pd it 1 10N within scheme for Officer that 1t 1s necessary to amalgament any road, street, Somslidation of lane, path, channel, drain, tank, pasture or other land reserved for common purposes withany holding in the scheme he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes, shall be extinguished or, as the case may be, transferred to a new road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes laid out in the scheme of consolidation. |
(2) The declaration in sub-section (J) shall be publishedin the estate concerned in the prescribed manner along with the draft scheme referred to in section 19.
(3) Any member of the public or any person having any interest or right, in addition to the right of public highway in or over the said road, street, lane, path, channel, drain, tank, pasture or other land reserved for common purposes or having any other interest or right which is likely to be adversely affected by the proposal may piss ie thirty days after the publication of the declaration Ni ) ‘dation Officer in writing section (/), state to the Consolt ure of such interested his objection to the proposal, the nat or right and the manner in which it is likely to ye adverse atfected and the amount and the particulars ° } © compensation for such interest or right - count
Provided that no claim for compensation OF blic of the extinction or diminution of the right pel, drain, ghway over such road, street, lane, pat’» mon purposes, ek pasture or other land reserved for com | all be entertained.
onsideriNg n Officer shall, after core vith
(4) The Consolidatio the objections, if any, made to the proposal, St ) No. 25 of 1962. | ‘The words “finally” omitted by Punjab Act j94 342 HoLpincs (CONSOLIDATION [1948 ; Ka St Ph. Actr: AND PREVENTION ctl OF FRAGEMENTATION) such amendments, if any, as he ay Consider nec the Settlement Officer (Consolidation), togethey with 4° Objections received, his recommendations thereon and 5 statement of the amounts of rompensation. if any, Which in his opinion are payable, and of the Persons by whom and the persons to whom such recompensation is payable. The ecision of the Settlement Officer (Consolidation), ON the Proposal and regarding the amount of compensation and the persons by whom such compensation, if any, i, pay.
_ able, shall be final. 4 thi tained ;
nd reserved for 18. Notwithstan Ing anything containe IN an sommon PUrPOSeS, 7 for the time being in force it shall be lawful fo, the Consolidation Officer to direct— (a) that any land specifically assigned for any com. Mon purpose shall cease to be so_ assigned and to assign any other land in its place CSsar tain range within the *|State] shall be assigned for any common purpose : (c) that if in ally area under consolidation no land is reserved for any common Purpose including extension of the village abadi, or if th Publication of ft scheme. 19, g the objections, if any, received, submit the Scheme with Such amendments as he considers to be necessary, together With his remarks on the objections, to the Settlemen t Officer (Consolidation). njab Act No, 27 of 3 No, 1960, reads as fol ows :— Validation-— Notwithstanding anything to the contrary contd in any judgment, decree or order ofanycourt:— —- (a) where in any scheme, made before the Commencement of this Act, land has been reserved for the Panchayat of the village concerned for utilising the income thereof, or (6) where before such commecnement to whom it has delegated it the State Government or any authony S Powers has passed on order under secti .
tion made b a t Act, .
such reservation of land or such Order, as the case may pear under Lpeeae to be valid, and any such Scheme or order Shall not be questioned on the ground that such wer th e tO ’ the case section 42 0 Principal Act, the State Government’ oy such authority Bad mene to pass such ord *Substituted for the word “Province” by the Adaptation of Laws Order, 1950- 948 East Pb. Act L.] Hotpings (CONSOLIDATION 34 AND PREVENTION 3 OF FRAGMENTATION) [(2) OF * 1 »& 4:
31(2) If no objections are received to the d published under sub-section (2) of section. i. ; rat sch ei if no written or oral objections to ‘(the draft scheme] are received under sub-section (3) by the Settlement Officer (Consolidation), he shall confirm the scheme.
(3) If any objections are received to the draft scheme published under sub-section (J) of section 19 + * & ¥) or if any written or oral objections are received by the Settlement Officer (Consolidation) before the confirmation of the draft scheme by him, the Settlement Officer (Consolidation) may after taking the objections in to consideration together with the remarks thereon of the Consolidation Officer and also after considering the written or oral objections, either confirm the scheme with or without modifications, or refuse to confirm it. In case of such refusal, the Settlement Officer (Consolidation) shall return the draft scheme, with such direction as may be necessary, to the Consolidation Officer, for reconsideration and resubmis- Sion. ] | .
(4) Upon the confirmation of the scheme under su section (2) oF (3), the scheme as confirmed shall be published in the prescribed manner in the estate or estates concerned.
1Omitted by Punjab Act No. 25 of 1962. i — *Substituted for the words “State Government” by the Punieerder, 19 8.
(Chandigarh) (Adaptation of Laws on State and Concurrent Subjec > Substituted by Punjab Act No. 12 of 1962. * sublished ‘Substituted for the words ‘sorto the amended draft scheme p . 962- eer sub-section (2) of that section’? by Punjab ee 5a. i .
“Substituted for the words “any such s¢ ne. published he nder <,, SUbstituted for the words “or to the amended ora id. ' Sib-section (2) of that section (2) of that section “py ibid”. ‘Substituted for the words “any such scheme “by } Repartition.
ing the advice of the landowners of the estate , 344 HOLDINGS (CONSOLIDATION [1948 : East Pb. ety AND PREVENTION OF FRAGMENTATION)
21. (J) The Consolidation Officer shall afte; Obtain, . re concerned, carry out repartition in accordance with scheme of consolidation of holdings confirmed under ea,” tion 20, and the boundaries of the holdings as demarcate Shall be shown on the shajra which shall be publisheq in the prescribed manner in the estate or estates concerned.
(2) Any person aggrieved by the repartition a written objection within fifteen days of the Publication before the Consolidation Officer who shall after hearing the objector pass such orders as he considers proper Confirming or modifying the repartition. 7
(3) Any person aggrieved by the order of the Consoji. dation Officer under sub section (2) may within one month of that order file an appeal before the Settlement Officer (Consolidation) who shall after hearing the appellant pass such order as_ he considers proper. | “[(4) Any person aggrieved by the order of the Settle- ment Officer (Consolidation) under sub-section (3), whether made before or after ~he commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmen- tation) Second Amendment and Validation Act, 1962, may, within sixty days of that order, appeal to the Assistant Director of Consolidation.
May file
(5) Any appeal against an order of the Settlement Officer (Consolidation), pending under sub-section (4) immediately before the commencement of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Second Amendment and Validation Act, 1962, either before the? [Central Government] or any officer to whom the powers of the? [Central Government] in this behalf have been delegated, shall be decided by the Assistant Director of Consolidation. -
(6) The appellate ay under sub-section (3) or s period of limitation the appellant was pr the appeal in time.
thority may entertain an appeal ub-section ary that Prescribed therein if it is satisfied t _ Wubstituted for existing sub-section (4) by Punjab Act 25 of 1962.
*Substituted for the word . b Re isati : S “State Government’? by the Pusja jreat Organisation (Chandigarh d : nt’? tne é Concu subjects) Ordes 1968. © ) (Adaptation — of Laws on State’ an vil of
1887.
XVII of
1887.
1948 : East Pb. Act. L.] HoLpings (CONSOLIDATION 345 AND PREVENTION OF FRAGMENTATION)
(7) The *[Central Government lent] may by notificat; appoint any person to be an Assistant Dj 5 of Conseth dation to exercise the powers under thi ion in Tespect of such area as may be specified in such notif ication. ]
22. (J) The Consolidation repared a new record-of-rights i provisions contained in Chapter IV of the Revenue Act, 1887, in so far as applicable, for the area under co to the repartition *[and orders j under the preceding section.
Punjab Land these provisions may be nsolidation, giving effect n respect thereof made]
(2) Such record-of-right shall be deemed to have been prepared under section 32 of the Punjab Land Revenue Act, 1887.
Officer shall Cause to be Preparation Im accordance with the crd-of-rights.
of re-