(1) If within thirty days of its publication, no objections are received to the draft scheme published under sub-section (1) or as the case may be, the amended draft scheme published under sub-section (2), of section 19, the Settlement Commissioner shall confirm the scheme.
(2) If any objections are received to such draft scheme or amended draft scheme, and
(a) the Settlement Commissioner after considering the objections approves of the draft scheme or the amended scheme, he shall submit the draft scheme, or as the case may be, the amended scheme to the State Government together with the objections received thereto, or
(b) the Settlement Commissioner, after considering the objections, further amends the scheme, the Settlement Commissioner shall publish the further amended scheme in the prescribed manner.
(3) If within fifteen days of the publication of a further amended scheme under clause (b) of sub-section (2),-
(a) no objections are received thereto, the Settlement Commissioner shall confirm the scheme; and
(b) if any objections are received, then the Settlement Commissioner shall submit such further amended scheme to the State Government together with the objections received thereto.
(4) Upon submission of a scheme under clause (a) of sub-section (2) or clause (b) of sub-section (3), the State Government may, after taking into consideration the objections either confirm the scheme, with or without amendments or may refuse to confirm it].
21. 62[(1) Upon the confirmation of the scheme under sub-section (1), 63[(3) or (4)] of section 20, a notification stating that the scheme has been confirmed shall be published in the Official Gazette and the scheme as confirmed shall be published in the prescribed manner in the village or villages concerned. If two-thirds or more of the owners affected by such scheme agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow all the owners to enter into such possession forthwith or from such date as may be specified by him.
Conirmation of scheme.
Right to possession of new holdings.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
(2) If two thirds or more of such owners do not agree to enter into possession under sub-section (1), all the owners shall be entitled possession of the holdings allotted to them under the scheme from the commencement of the agricultural year next following the date of publication of the notification in the Official Gazette under sub-section
(1).
(2A) In enforcing the provisions of sub-section (1) or (2) the Consolidation Officer shall, if necessary, put the owners in possession of the holdings to which they are entitled under the scheme and for doing so may, in the prescribed manner, evict any person from any land.]
(3) Notwithstanding anything contained in sub-section (2) no owner shall be entitled to possession of any holding allotted to him under the scheme unless he deposits in the prescribed manner within fifteen days of the commencement of the said agricultural year such compensation as is recoverable from his under the scheme.
(4) Where an owner fails to comply with the provisions of sub-section (3) his right in such holding may be allotted in the prescribed manner by the Consolidation Officer to any other person who pays that value of the holding, and in such case the value realized after deducting the expense (hereinafter called the next value) shall be paid to the owner and any other person having an interest in the holding.
64[(5) If no person is forthcoming to pay the value of the holding, the State Government may recover from the owner the compensation recoverable from him under the scheme as an arrear of land revenue or the State Government may itself purchase the holding after paying the net value of the holding to the owner and any other person having interest in the holding.]
22. As soon as the persons entitled to possession of holdings under this Act have entered into possession of the holdings respectively allotted to them, the scheme shall be deemed to have come into force.
23. Notwithstanding anything contained in any law for the time being in force, the rights of owners, or other persons having interest, shall for the purpose of giving effect to any scheme of consolidation affecting them be transferable by exchange or otherwise.