(1) If all the owners and tenants affected by [the oo fo aessession repartitions, as Carried out under sub-section(/) of section 21] agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession forthwith or from such date as may be specified by him. |
(2) If all the owners and tenant as aforesaid do not agree to enter into possession under sub-section (/), they shall be entitled to possession of the holdings and tenancies, ined by . allotted to them from such date as may be determined the Consolidation Officer and published in the prescribed manner in the estate or estates concerned ; and the Consolidation Officer shall, if necessary, put them pivtlsd, possession of the holding to winch weey are 30 may exer.
including standing crops, if. any, and for he Punjab Land cise the powers of a Revenue Officer under the Punj Revenue Act, 1887.]
| i hich
(3) If there are standing crops on any holding ro n.
Possession has been given under sub-sectie: ne srovided ication Officer shall determine in Ti ble in respect of Under this Act ] the compensation paya } Pe —_—_—,__ isation ” unjab Reorganisa ‘Substituted for the words “State Government” by tp “subje a (Chandicarh) (Adatation of Laws on State and nS a py Punjab *Substituted for the words “‘as finally s | lidation "Substituted for the words “the scheme of conso ’ "Partition as finally confirmed” by ibid: ned cmannen”* BY punjab 19s, ‘Substituted Tor the words “in the prescribed 1962, -’ 346 HOLDINGS (CONSOLIDATION [1948 : East Pb, Act.) AND PREVENTION OF FRAGMENTATON) such crops by the person put in POSSESSION, Who g all, With, in six months of the date of Possession, may Pay such compensation to the person or persons from whom, sion was transferred, and in case of default such ¢ .
Mpen.
sation shall be recoverable from him as an arrear of land revenue. | 4) lfany person from whom compensation is able in the seem fails within 15 days of the commence. ment of the agricultural year referred to In sub-section (2) to deposit such compensation in the prescribed Manner. ; shall be recoverable from him as an arrear of land revenue, and in such case the amount realised after deducting the expenses, shall be paid to any person having the interest in the holding.
a :
r €COVer.
Management and "[23-A. As soon as a Scheme comes into force, the Control of Jands for ; to vest in pancha- for yatsor Centra] Government.
clause (iv) of clause (bb) of Section 2 in respect of which the management and control are to be exercised by the. *[Central] Government], shall vest in the °[Centra] Government]: and any other common purpose, shall vest In the panchayat of that village : and the 2{Centra] Government] Or the panchayat,as the case may be, shall be entitled to ap Propriate the income accruing therefrom for the benefit of the Village Community, and the rights and interests of the owners of such lands shall stand modified and extinguished a ‘ :
Provided that in the case of land assigned or reserved or the extension of village abadi or manure pits for the Proprietors and non i f the Village, such land Shall vest in the Proprietors ictor ‘Substituted by Punjab Act No. 39 of 196 *Substituted for the words « (Chandigarh) (Adaptation
3.
State Government” j eorganisation of Laws on State and Ge by the Punjab R. Ucurrent Subjects) Order, 1968.
jg48 ; East Pb. Act. L] HoLpings (CONSOLIDATion 347 AND PREVENTION OF FRAGMENTATION)
24. [(1) AS soon as the P€TSON entitled to + this Act have entered ; Pee SON OF Coming into force Jdings under . Ted Into possessio of scheme. holdings, respectively allotted to them the scheme shot rhe ed to have come into force and the possess;
crottees affected by the scheme of consolidation oe case may be, by repartition, shall remain undisturbed y a fresh scheme 1s brought into force or in pursuance of provisions of sub-sections (2), (3) and (4) of section 21 or an order passed under Section 36 or 42 of this Act. | *[(2) A Consolidation Officer Shall be competent to exercise all or any of the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887 (Act XVII of 1887), for purposes of compliance with the provisions of sub- section (J). | |
25. A land-owner or a tenant Shall subject to the Rights of land provisions of °[sections 16 and 16A] have the same right one como in the land allotted to him in pursuance of the scheme same as before. of consolidation as he had in his original holding or tenancy, as the case may be.
*[25-A. (J) If in pursuance of a scheme for consolida- Effect of consolidation of holdings any land which is evacuee property within gvacuee Property.
the meaning of the Administration of Evacuee Property Act, 1950 (XXXI of 1950), is or has been exchanged for any other land which is not evacuee property , then such other land shall, as from the date of the coming into force of the scheme, be deemed to be evacuee property declared as Such within the meaning of the said Act and ne Original evacuee land shall, asfrom suchdate, be deeme 'o have ceased to be evacuee property.
| | d has been (2) If a displaced person to whom any lan | leased or allotted by the Custodian under the Cone nvab ivblished by the notification of the Govern 91S or 4892-S, day’? Department of Rehabilitation No. 4891- land :
ther Jan “ated the 8th July, 1949, has been allotted some omer to have been so subst Substituted by Punjab Act No. 46 of 1956 and shall be deemed ™Uted from December, 27, 1954.
“New Sub-section (2) added by ibid.
Section substituted for the word and figure “‘section 16” by Punjab Act No. 20 of 1959, ‘New Section 25-A inserted by Punjab Act XL of 1954.
348 HOLDINGS [CONSOLIDATION (1968 - East pp, Act AND PREVENTION ;
OF FRAGMENTATION) in lieu thereof in pursuance of any scheme, for Consol:
tion of holdings, then such other land shall be deemed have been leased or allotted, as the care may be, to such displaced person under the aforesaid conditions withj, the meaning of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (44 of 1954).
(3) In this section, the expressions ‘Custodian’ , ‘displaced persons’ have the meaning , respectively ASSigned to them in the Administration of Evacuee Property Act, 1950 (XXXI of 1950) and the Displaced Persons (Compensation and Rehabilitation) Act, 1954(44 of 1954) } Encumbrances of jand- owners tenants.
and 26. (J) If the holding of a land-owner of the tenancy of a tenant brought under the scheme of Consolidation is burdened with any lease, mortgage or other encumbrance, such lease, mortgage or other encumbrance _ shall be transferred and attached to the holding or tenancy allotted under the scheme or to such part of it as the Consolidation Officer subject to any rules that may be made under section 46, may have determined in preparing the scheme; and thereupon the lessee, mortgagee or other encumbrancer, as the case may be, shall cease to have any right in or against the land from which the lease, mortgage or other encumbrance has been transferred. -
(2) If the holding or tenancy to which a lease mortgage ce is transferred under sub-section (/) * Is of less market value than the Original holding from which it is transferred, the lessee, mortgagee or othet encumbrancer, as the case may be, shall subject to the provisions of section 34 be entitled to the payment of such compensation by the owner of the holding, or as the cas may be, the tenant as the Consolidation Officer ™ determine. | lessee or any Mortg to possession, in possesgj : tenaney ° part of the holding on of the holding or age or tenancy to which his lease, Mle"), or other encumbrance ha undef su ° S ni section (J), been transferred ) 68: Fast Pb. ActL.] HoLDINGs (CONSOLIDATION AND PREVENTION 349 OF FRAGMENTATION)
7. Notwithstanding anything conta;
P unjab Land evens Act 1887, and the Punts Ta the Transfer of rights tact, 1887; the rights and liabilities of land-owners enancy of atd-ownen ts holdings and of tenants in their tenancies shall 7 their tenants in eno ncie!
urpose of giving effect to any scheme of consolidate” affecting them, be transferable by exchange or oth ation and neither the landlord nor tenant nor any other erwise shall be entitled to obejct or interfere with an e erson made for the said purpose. y transfer 19 1[27-A. Notwithstanding anything c i the Code of Civil Procedure, 1908, or amy sther lew fan sion, Of and OSSesthe time being in force, no decree for possession of land °<ut4 against against a judgement debtor, whose land has been included remariton ™ in a scheme for consolidation of holdings shall be exec- | uted except after repartition *[and orders in respect there of under section 21 and against a land allotted to him is pursuance of such repartition and orders.]