section 23
Right to possession of new holdings
The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948(1) If all the owners and tenants affected by the repartitions, as carried out under sub-section (1) of section 21 agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession forthwith or from such date as may be specified by him. (2) If all the owners and tenant as aforesaid do not agree to enter into possession under sub-section (1), they shall be entitled to possession of the holdings and tenancies, allotted to them from such date as may be determined by the Consolidation Officer and published in the prescribed manner in the estate or estates concerned; and the Consolidation Officer shall, if necessary, put them in physical possession of the holding to which they are entitled, including standing crops, if any, and for this purpose may exercise the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887. (3) If there are standing crops on any holding of which possession has been given under sub-section (2), the Consolidation Officer shall determine in the manner prescribed under this Act the compensation payable in respect of such crops by the person put in possession, who shall, within six months of the date of possession, pay such compensation to the person or persons from whom possession was transferred, and in case of default such compensation shall be recoverable from him as an arrear of land revenue. (4) If any person from whom compensation is recoverable in the sum fails within 15 days of the commencement of the agricultural year referred to in sub-section (2) to deposit such compensation in the prescribed manner, it shall be recoverable from him as an arrear of land revenue, and in such case the amount realised after deducting the expenses, shall be paid to any person having the interest in the holding. As soon as a Scheme comes into force, the land meant for any common purpose shall, as provided in clause (iv) of clause (bb) of Section 2 in respect of which the management and control are to be exercised by the Central Government, shall vest in the Central Government: and any other common purpose, shall vest in the panchayat of that village : and the Central Government or the panchayat, as the case may be, shall be entitled to appropriate the income accruing therefrom for the benefit of the Village Community, and the rights and interests of the owners of such lands shall stand modified and extinguished: Provided that in the case of land assigned or reserved for the extension of village abadi or manure pits for the proprietors and non-proprietors of the Village, such land shall vest in the proprietors and non-proprietors.
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