(1) The Director of Consolidation shall COnRrn'a"~n or p r o v i - con6 rnl thc Provisional Consolidation Scheme after sional con.
the disposaI of a11 objections and appeals relating to solidatio~l Scf~cmt. the unit wilh such modifications a s he considers necessary in the interest of proper consolidation.
I [or for giving effcct to the final order, if any, passed under section 151.
(2) Tf~e Fro visional Consolidation Scheme so :onfirmed shalI bc publishedin ths unit and except as otherwize provided under this Act, shall be k a l .
22. (I) (a) As soon as may be after confirmation ~ ~ p ~ ~ ~ ~ ~ a of the Provision:~l ConsoIidation Scheme, the Conso- tion or final lid ation Officor shall cause to be prepared for each map and record-of- village in the consolidation area a finalmap andrightsand record-of-rights on the basis of the Consolidation ~~~~~~P~~ scheme so confi rn~ed . 6nal consolid a t i o n SChcmc. i
(b) Tbe map and the record-of-rights shall contain such particulars as are required under the Orisa A C ~ 3 Orjssa Srrrvey and Settlement Act, 1958, with such "' Igs9. modifications as may be prescribed and shall also show the rent and cess determined under subsection (3) of section 7.
(2) The map and the record-of-rights prepared under sub-section (1) shaU be published in the prescribed manner and the Final ConsoIidation Scheme shall come into force from the date of such publication.
(3) The relevant extract of the record-of-rights shall he supplied to the land-owners at the t h e of publication.
(4) The ]nap and the record-of-rights published under sub-section (2) shall, subject to alterations and modifications made in pursuance of orders passed under section 15 or 36 or of orders referred to in subsection (3) of section 41, for all intents and purpoW On'5sa Act 3 be deemed to hat e been prepared under the Orissa of1959. , SurveyclndSetdement Act, 1958.
I . Addcd by the Orissa Consolidation of Holdings and P m n i i o n of Fragmcntntion of Land (Amendment) Act, 1979 (Or. Act 31 of I979), s. 11, w. e. f. 23rd May 1979.
[ 91-73(a) Law I
CHAPTER IV ENFORCEMENT OF THE SCHEME Entcnngin'o '23 On andafterthedateof publication of the posscsslon by the Land- m a p and the record-of-rights under' sub-section (2) of unncr. section 22, a land-owner shall be elititled to enter into possession of the lands allotted tojbim.
Compcnsation for - I ) On and fro111 the date of entering into houses. possession, every land-owner shall .pay or receive lructuresm compensation. according .as the .v.aluat.ion of houses, trecs, wells, C ~ C . structures, trecs, wells and other improvements :.existing +on the lands allotted to him .in the final consdidation &erne is more or less than the valuation aY such properties exisrir~g .on .the -lands originally held :by h ~ m .
~rplnnuliott-Fm the purpose of -sub-seetion (1) "compensation" shall be the difference ;between , f he valuation of houses, structures, trees, wells and other .impr.ov,ements existing on tl-e lands allotted to him under .the final consoIidation scheme ,and the -valuation of-such .pr,operties ,originally held .by him* b (2) The amount ;af c.ampensation detergiined shall'be intimated .to :-the 1an~~own.ers.co~cerge.d :in the prescribed manner.
Dilivery of p w i o n . 'B5. 61) !On Bn application m~.& .within sixty ,days !from :the :date of comipg into ;for@ s f the &,a1 iconsdlidation Scherne :by .the land-,owner :who .,is .unable to; enter into ~p.ossession,of .,the Ian& ,aU,~tted to him under the said Scheme, the Assjstapt .Consolidation Officer may, within six months from the date of the .-ap@lication, -.put it-he .land awner in actual physical possession of the Iands , so -,.;llotkd, and in doing so, shall have all the powers ,:as . a e ,~xe~;cisable by .a Civil Court in exerution of a decree .fo,r d4iyer.y ,of possessipn of -immovable prqperty :
Provided that rthe &Ii,very of ,possq~i~n .as aforesaid .shall not -affect :the .right, .~f:tht: -,per.son fr~111 ~whom,pos~essian -is :transferred to .tend' :and .gather cfhe-crops standing. on t~uch I hods or p.art .thereof .on the date of the de l i~r~iunl%ss ;?he Assistant ,C,omolidation Oficer decides, for reasons to be recorded, that possession of the crops shall- be delivered.
I
1. Subslitu~cd-by the Orissa -Consolidation or Holdi~gs ,.and :-prcvenlion of Fragmentalion of Land (Amcndmenr ) Act, 1976 (Or.-Act, 15 ofi 1976),:s. .:6.
(2 )On the expiry of six months. from the date on which the land-owner becomes entitled to enter into possession of the lands allotted to him in accordance with section 23 or, where an application has beon duly madc under sub-section (1), on the expiiy, of six mon thsJrom the. date of'such application,.
the caneerned ,land,owner: shall, i f he has: not e ntoredinto nossession earlier; be deemed t o havc entered.'
into actual pllysical possession of the lands allottad' to him.]
'[3),Notwithstanding the provisions, containad> inJ sub-section (23, where .uo applicsttionL is made: underl sub-section ( 1 ) by a landowner an& the Assistant:
Consolidation Oficer has reasons to believe that. the lmd-owner: has not entered into possession of. the lands allo ttcd. to him, he may, .on his cwn- motion and at. any. time. before the issue of a notification under sub-seclion (1 ) of section 41, put, the land-owner; inactuaI .physical.porjscssion of the l a n d s , ~ ~ ' allotted. in the Same:manner and. subject to the, same conditions 2s specifid.in sub-section (I). .
(4)'THc powers conferred on the- Assistant Consolidation. Officer under sub-section (3) shall, in 1ike:manaer and. in like circurnstaxlccs, be; exercis,able by t he:rCahsildar having jurisdiction, after, the. issue of a notification: undea sub-section-(l ) of, sectiop 41 .]
28.- f 1 ). Where pussession- ofr standing- CCOPS is Compcnsadelivered along with the 1and:under section; 25, , the gdi$ Assistapt' ConsoIidation Officer: shall; d e t e n n i n ~ in ,,,, &nsultdtion- with the Consolidation- Commit tee, the compensation-payaHe imrespect of, such crops' by the land-owner:p,ut in possessio,n.
Explanation-'Tompens.:tion" for this purpose shall mean the anticipated value of- the standing crop when marketable less reasonable expenses to, be mcnrredl for harvesting andimarketing of the crop.
(2) Any person. aggrieved- by an order under subsection (I) may, within thirty days fifrom the date of the order, prefer an appeal before the ConsoDdation m c e r whose decision thereon, shzll -be find.
1; Tnscrld b:t thc O~i?.sa Consolidation of Holdings and Prevention of ~ ~ n i a I i o n or: Imnd (Amcndrntnl) Act; 1979 ( 0t. Act ,31 o l 1979), s; f 2, wle. f, 23rd ,May 1S979.
Recovcry 27. (1) Where a land-owner, from whom .mrnpcn- compensation is recoverable under t lli s Act, fails to ~ t ~ O o ~ pay the same within six months from the date of intimation under sub-section (2) of section 24, the person entitIed to receive Ihe same may, in addition to any other mode of recovery open to him, apply to the ColIector within six months from the expiry of the aforesaid period to recover on his behalf, the amount due as if it were a public demand payable to the State Government.
(2) Interest at the rate of six per cent per annum shall be charged on the amount of compensation remaining unpaid after expiry of the earlier period referred to in sub-section (1).
Reduction of rent and cess on account of contribution of land for public pur- Po=
28. Where as a result of contribution for public purposes under the provisions of section 8, the valuation of the original holding of a land-owner is reduced, the rent and cess payable for the hoIding shall be reduced by the Assistant consolidation Officer notwithstanding anything contained in any other law for the time being in force, in the same proportion as the val~~at ion of the area so contributed bears to the original total valuation of the hoIding.
Amount to 29. (1) An amount equal to five per cent of the p j d market value of the land contributed for pubIic f o r land mntributed purposes as deterinined in the prescribed manner shall for public be paid to the land-owner or owners concerned..
'IrpOSC.
(2) An amount equal to the market value of houses, structures, trees, wells and other improvements existing on the land contributed for public purposes as determined under this Act shall also be paid to the land-owner or owners concerned.
V c s t i of lnnd contributed For public Furposes and allotted to State Government.