Delivery of possession

(1) On an application made within sixty days from the date of coming into force of the final consolidation Scheme by the land-owner who is unable to enter into possession of the lands allotted to him under the said Scheme, the Assistant Consolidation Officer may, within six months from the date of the application, put the land owner in actual physical possession of the lands so allotted, and in doing so, shall have all the powers 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 lands or part thereof on the date of the delivery unless the Assistant Consolidation Officer decides, for reasons to be recorded, that possession of the crops shall be delivered. (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 been duly made under sub-section (1), on the expiry of six months from the date of such application, the concerned land-owner shall, if he has not entered into possession earlier, be deemed to have entered into actual physical possession of the lands allotted to him. (3) Notwithstanding the provisions contained in sub-section (2), where no application is made under sub-section (1) by a landowner and the Assistant Consolidation Officer has reasons to believe that the land-owner has not entered into possession of the lands allotted to him, he may, on his own motion and at any time before the issue of a notification under sub-section (1) of section 41, put the land-owner in actual physical possession of the lands allotted in the same manner and subject to the same conditions as specified in sub-section (1). (4) The powers conferred on the Assistant Consolidation Officer under sub-section (3) shall, in like manner and in like circumstances, be exercisable by the Tahsildar having jurisdiction, after the issue of a notification under sub-section (1) of section 41.