(1) The Assistant Consolidation Officer on the application of the tenureholder or the Land Management Committee, to whom chak or lands have been allotted under the final Consolidation scheme, may, and where any land has been allotted to the State Government shall, without any application off the State Government, within six months of the date on which the said scheme has come into force, put the tenure-holder or the Land Management Committee or the State Government, as the case may be, in actual physical possession of the allotted chak or lands, and for so doing shall have all the powers including powers as regards contempt, resistance and the like as are exercisable, by a Civil Court in execution of a decree for delivery of possession of immovable property;
Provided that the delivery of possession as aforesaid shall not affect the right of the person from whom possession is transferred to tend and gather the crops standing on such chaks or land or part thereof, on the date of the delivery, unless the Assistant Consolidation Officer decides, for reasons to be recorded that the possession over the crop also shall be delivered :
Provided further that the person tending and gathering the standing crop, in accordance with the first proviso, shall be liable may to the person, who has been allotted the chak, or lands, compensation for the use of the land at such rate and in such manner as may be prescribed.
(2) On the expiry of six months from the date and which a tenure-holder or Land Management Committee or State Government became entitled to enter into possession of the chak or lands allotted, whether before or after the coming into force of the Uttar Pradesh Consolidation of Holdings (Amendment) Act, 1962, or on the expiry of six months from the date of the coming into force of that Act, whichever is later, the tenure holder in the Land Management Committee or State Government, as the case may be shall unless possession has been obtained earlier, be deemed to, have entered in to actual physical possession of the alloted chak of land :
Provided that the fact that a tenure-holder or the Land Management Committee or State Government has thus entered in possession shall not affect the right or the person from whom possession is deemed to have been transferred to tend and gather the crop standing on the chak or lads or part thereof, on the date of the expiry of the period of six months aforesaid.
Compensation 20. (1) Where possession over standing crops is also delivered under section 28, the Assistant Consolidation Officer shall determine in the manner prescribed, the compensation payable in respect of such crops by the tenure-holder put in possession.
(2) Any person aggrieved by an order under sub-section (1), may within fifteen gays of the date of the order, prefers an appeal before the Consolidation Offices, whose decision thereon, shall be final.
Recoveries of compensation 20-A (1) Where a tenure-holder from whom compensation is recoverable under this Act fails to pay the same within the period prescribed therefore, the person entitled to receive it, may in addition to any other mode of recovery open to him, apply to the Collector within such time as may be prescribed to recover the amount due on his behalf as if it were an arrear of land revenue payable to Government.
(2) Where any compensation payable under this Act is not and whether in whole or in part within three months of the date of obtaining possession under section 17 or section 19, as the case may be interest at the rate of six per cent per annum shall be charged on the amount not so paid.
Reduction of land revenue on account of contribution of land for public purposes 20-B (1) Where, as a result of contribution for public purposes under the provisions of section 8-A, the area of the original holding of a tenureholder is reduced, the land revenue payable for the holding shall be reduced by the Assistant Consolidation Officer, in the same proportion as the area so contributed bears to the original total area of the holding, and the reduced land revenue shall be shown in the provisional consolidation scheme.
(2) A tenure-holder aggrieved by the reduction made under sub-section (1) may, within 15 days of the date, of publication of the provisional consolidation scheme under section 14 file an objection before the Assistant Consolidation Officer or the Consolidation Officer for getting the reduction of the Land revenue determined in accordance with the provisions of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.
Compensation for land contributed by tenure-holders for public purposes 20-C (1) (a) Every tenure-holder any part of whose holding has been, contributed for public purposes under this Act, shall be paid, for the land so contributed, compensation equal to-
(i) in the case of land of a bhumidhar with transferable rights, four times; and
(ii) in the case of the land of a bhumidhar with non-transferable rights two times of the land revenue reduced under section 29-B.
(b) In the case of trees, wells and other improvements, falling within the land so contributed, the amount of compensation behalf be determined in accordance with the provisions of section 13.
(2) The Compensation payable to a tenure-holder shall after adjustment of the cost of operations under this Act, if any be paid, to him in cash.
(3) Where any land, in respect of which compensation is paid under-subsection (1), is in occupation of, an, asami, there shall lie paid to the asami out of the compensation payable to the bhumidhar with transferable rights or bhumidhar with non-transferable rights as the case may be, an amount equal to 5 per cent of such compensation in respect of the right title and interest of the asami therein.
Vesting of and contributed for public proposes 20-D (1) The land contributed fur public purposes under this Act shall, with effect from the date on which the tenure-holders became entitled to enter into possession of the chaks allotted to them under the provisions of this Act as amended from time to time, vest and be always deemed to have vested in the Gaon Sabha in an area in which section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applies and in the State Government in any other area and shall be utilized for the purpose for which it was earmarked in the final consolidation of scheme, or in case of failure of that purpose, for such other purposes may be prescribed.
(2) The provisions of section 117 of the Uttar Pradesh Zamindari Abolition rand Land Reforms Act, 1950, shall mutatis mutandis apply to such land vested in the Gaon Sabha as if the land had vested in the Gaan Sabha by virtue of a declaration made by the State Government under sub-section (1) of that section and as if the declarations were made subject to the conditions respecting utilization specified in sub-section
(1) of this section.
Consequences which shall ensue on exchange of possession
21. With effect from the date on which a tenure-holder enters or is deemed to have entered in to possession of the chak allotted to him in accordance with the provisions of this Act, the far awing consequences shall ensue-
(a) the rights title, interest and liabilities--
(i) of the tenure-holder entering or deemed to have entered, into possession; and
(ii) of the farmer tenure-holder of the plats comprising the chak, in their respective original holdings shall cease, and
(b) the tenure-holder entering into possession, or deemed to have entered into possession, shall have in this chak the same rights title interests and liabilities as he had in the original holdings together with such other benefits of irrigation from a private source till such source exists, as the farmer tenure-holder of the plots comprising the chak had in regard to them;
(c) land vested in the Gaon Sabha, or any local authority, and allotted to the tenure-holder shall be deemed to have been resumed by the State Government under the provisions of section 117orsection 117-A, as the case may be, of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 and settled with tenure-holder;
(d) the rights of the public as well as all individuals in or over land included in a chak following a declaration made under the proviso to sub-section (2) of section 13-A, shall cease and be created in the land specified for the purpose in the final consolidation scheme; and
(e) the encumbrance if any, upon the original holding at the tenure-holder entering, or deemed to have entered, into possession, whether by ay of lease, mortgage or otherwise shall in respect of that holding, cease, and be created on the holdings, or on such part thereof, as may he specified in the final consolidation scheme.
Power to transfer holdings
22. A transfer, whether by exchange or otherwise of rights, title, interest and liabilities of tenure holders in their holdings, involved, in giving effect to the final Consolidation Scheme affecting them, shall notwithstanding, anything contained in the U. P. Land Revenue Act, 1961 and the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 be valid and not tenure holder or other person shall be entitled to object or interfere with any such transfer.
Costs 23. (1) The State Government shall fix the amount of costs of the operations conducted, under the Act and shall recover from the tenure-holders of the unit such part thereof and in such manner as may be prescribed.
(2) If the State Government so decides it, may order that a specified amount be recovered in advance in the manner prescribed, as the first installment of the cost of the said operations.
(3) Any amount payable as costs under this section shall be recoverable as arrears of land revenue.
Chapter V Miscellaneous Power to enforcer attendance of witnesses and in certain Matters
24. The Director of Consolidation Land Deputy Director of Consolidation Settlement Officer, Consolidation Officer and Assistant Consolidation Officer shall have all such powers and rights' and privileges as are vested in a Civil Court on the occasion of any action; in respect of the following matters:
(a) the enforcing of the attendance of witnesses and examining them on oath. affirmation or otherwise and the issue of a commission or request to-examine witnesses abroad;
(b) compelling anyone for the production of any document;
(c) the punishing of persons guilty of contempt and a summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and compelling the production of document.
Power for production of documents, etc.