Chapter IV ENFORCEMENT OF THE SCHEME

(i) The Settlement Officer (Consolidation) shall fix the date, to be notified in the unit, ‘from which the Scheme of Consolidation shall come into force. On and after the said date a tenure-holder shall be entitled to enter-into possession of the plots, allotted to him. (2) On and from the date of obtaining possession, every tenure-holder getting trees, wells and other improvements existing on the plots allotted to him in pursuance of the enforcement of the Scheme of Consolidation, shall be liable and pay to the former tenure-holder thereof compensation for the trees, wells and other improvements, allotted to him, to be determined in the manner hereinbefore provided.

(l) As soon as may be, after the Consolidation Scheme has come into force, the Director of Consolidation shall cause to be prepared for each estate, a new map, Khasra Girdawari and record of rights in respect of consolidation area, on the basis of entries in the map, Khasra Girdawari and the Jamabandi published under section 11, and the allotment orders as finally made and issued in accordance with the provisions of this Act. The provisions of the Jammu and Kashmir Land Revenue Act, Svt.1996 shall, subject to such modifications and alterations, as may be prescribed, be followed in the preparation of the said map and records. (2) All entries in the record of rights and in the maps prepared in accordance with the provisions of sub-section (1), shall be presumed to be true unless otherwise proved.] (3) The records prepared under sub-section (1) shall be maintained by the Collector in place of the records maintained previously under Chapter IV of the Jammu and Kashmir Land Revenue Act, Svt.1996.

The [Consolidation Naib-Tehsildar] shall, if necessary, put the person or persons to whom Chaks have been allotted in actual physical possession of the holdings allotted to them 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 delivering 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 crop standing on such Chaks on the date of delivery, unless the 1[Consolidation Naib-Tehsildar ] decides for reasons to be recorded that the possession over the crop also shall be delivered :

Provided further that in cases where a person is entitled to tend and gather the standing crop in accordance with the preceding proviso, he shall be liable to pay such compensation for the use of the land to the person who has been allotted the land as may be prescribed.

Where possession over standing crops also is delivered under section 33,the Consolidation Naib-Tehsildar shall determine, in the manner prescribed, the compensation payable in respect of such crops by the tenure-holder put in possession.

(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 the Government.

(2) Where any compensation payable under this Act is not paid whether in whole or part within three months of the date of obtaining possession under section 31 or section 33,as the case may be, interest at the rate of 6 per cent per annum shall be charged on the amount not so paid.

In respect of land contributed or to be contributed by any tenure-holder for public purposes under and in pursuance of the Consolidation Scheme framed under Chapter III, there shall be paid to the tenure-holder compensation which shall be an amount equal to-

(a) in the case of land held as land owner, twenty times the land revenue assessed thereon;

(b) in the case of land held as occupancy tenant, twelve times the land revenue assessed thereon, eight times such land revenue being payable to the landlord thereof;

(c) in the case of land held as protected tenant, eight times the land revenue assessed thereon, twelve times such land revenue being payable in the landlord thereof; and

(d) in the case of land held by a non-occupancy tenant, five times the land revenue assessed thereon, fifteen times such land revenue being payable to the landlord thereof.

(2) The compensation payable to a tenure-holder shall, after adjustment of the cost of consolidation, if any, be paid to him in cash.

(3) The Government may make rules to provide for the manner in which and the time when the compensation payable under sub-sections (1) and (2) shall be paid.

With effect from the date on which a tenure-holder enters into possession of the plots allotted to him in pursuance of the provisions of section 31 or section 33,the rights, title, interest and liabilities of the former tenure-holder in these plots and his rights, title, interest and liabilities in his original plots shall stand extinguished and he shall have in the plots allotted to him the same rights, title, interest and liabilities as he had in his original plots together with such other benefits of irrigation in these plots from a private source, till such source exists, to which the former tenure-holder of these plots was in enjoyment prior to the date of the possession, subject to such modifications, if any, specified in the Consolidation Scheme.

(1) If a holding 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 corresponding holding under the scheme or to such part of it as the 'Consolidation Naib-Tehsildar' 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 or other encumbrance has been transferred.

Explanation. -"Lessee" shall include an Ajarahdar and a Patadar.

(2) The 'Consolidation Naib-Tehsildar' shall, if necessary, put any lessee, mortgagee or other encumbrancer entitled to possession, in possession of the holding or part of the holding to which his lease or other encumbrance has been transferred under sub-section (1) .

Notwithstanding anything contained in the Jammu and Kashmir Land Revenue Act, Svt.1996, the Jammu and Kashmir Tenancy Act, Svt.1980, and the Big Landed Estates Abolition Act, Svt.2007, or any other law for the time being in force in the State, the rights, title and interest of tenure-holders in their holdings and any encumbrances therein shall, for the purpose of giving effect to any scheme of consolidation affecting them, be transferable by exchange or otherwise and a tenure-holder or any other person shall not be entitled to object or interfere with any transfer made for the said purpose.

(1) The Government may fix the amount of cost of consolidation and the amount so fixed may be distributed between the persons affected by the order of consolidation in the manner prescribed.

(2) If the Government so decides it may order that a specified amount may be recovered in advance, in the manner prescribed, as the first installment of the cost of consolidation.

(3) Any amount payable as costs under this section shall be recoverable as arrears of land revenue.

Any person aggrieved by an order passed by the [Consolidation Naib-Tehsildar ] under sections 34,38 and 40 may, within twenty-one days of the date of such order, file an objection before the [Consolidation Naib-Tehsildar ] who shall submit the objection along with his report to the [Consolidation Tehsildar.]

(1) On receipt of the objection and the report under section 41, the [Consolidation-Tehsildar] shall, after giving due notice to the objector, dispose of the objection in the manner prescribed.

(2) An appeal against the order of the Consolidation Tehsildar under sub-section (1) shall lie to the Settlement Officer (Consolidation) and from that of the Settlement Officer (Consolidation) to the Director of Consolidation, whose decision shall, except as otherwise provided by or under this Act, be final. The period of limitation for appeals under this sub-section shall be thirty days from the date of the order.