Chapter IV Effect of Consolidation Proceedings and of Consolidation of Holdings.

(1) During the continuance of the consolidation proceedings the Consolidation Officer shall exercise and discharge the functions of a Revenue Officer under the Telangana Land Revenue Act, 1317 F. and the Telangana Tenancy and Agricultural Lands Act, 1950 and no Revenue Officer other than the Consolidation Officer shall take any proceedings under any of the said Acts in respect of any holding or land for the consolidation of which a notification has been issued under section 15. (2) Where in respect of any holding the Consolidation Officer proceeds to prepare a scheme under section 16— (a) all applications and proceedings including execution proceedings pending before any Revenue Officer under any of the said Acts in respect of any holding or land for the consolidation of which a notification has been issued under section 15, shall be transferred to the Consolidation Officer; and (b) the Consolidation Officer shall, by proclamation, call upon all persons who claim to be entitled to possession under any of the said Acts of any holding for the consolidation of which a notification has been issued under section 15 to make within the prescribed period an application to be put in possession of such holdings; and any person who fails to do so within the prescribed period shall thereafter be debarred from making it: Provided that nothing in this clause shall debar any person from making after the coming into force of a scheme of consolidation under section 23, any application in respect of any holding included in the scheme, if such application could lie under the provisions of any law for the time being in force. (3) The Consolidation Officer shall submit any order passed by him under any of the said Acts to the Collector for confirmation if an appiication in that behalf is made to him by any party to a proceeding under this section within thirty days from the date of the order.

When a Consolidation Officer proceeds to prepare a scheme under section 16, during the continuance of the consolidation proceedings— (a) no proceedings,— (i) under section 120 or 124 of the Telangana Land Revenue Act, 1317 F.; (ii) for execution of any award made under the Andhra Pradesh (Telangana) Co-operative Societies Act, 1952; (iii) for execution of any award made under the Telangana Debt Conciliation Act, 1349F. or the Andhra Pradesh (Telangana Area) Agricultural Debtors’ Relief Act, 1956; or (iv) for execution of any decree passed by a civil Court, in respect of any land in respect of which a notification has been issued under section 15 shall be commenced and all such proceedings if commenced, shall be stayed; (b) no person shall transfer any land in respect of which a notification under section 15 has been issued.

Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall have the same rights in such holding as he had in his original holding: Provided that nothing in this section shall apply to any person to whom a holding has been allotted under the provisions of sub-section (5) of section 22.

(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 23 is burdened with a mortgage, debt or other encumbrance other than a lease, such mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of it as the Consolidation Officer may, subject to any rules made under section 47 appoint; and the mortgagee, creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a mortgage, debt or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred the mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 33 be entitled to the payment of such compensation by the owner of the holding as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 22, the Consolidation Officer shall, in the prescribed manner put

(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 23 is burdened with a lease, the Consolidation Officer shall by an order in writing determine whether such lease shall or shall not be transferred therefrom. A copy of the order passed by the Consolidation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner. (2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules made under section 47, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 31 shall apply to such lease as if the lease were a mortgage or other encumbrance. (3) If the Consolidation Officer determines that such lease shall not be transferred from the original holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of the Telangana Tenancy and Agricultural Lands Act, 1950 shall so far as may be, notwithstanding the change in ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the said Act as between the landlord and his tenant: Provided that such owner shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid. (4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Collector within the prescribed time.

Where there is a dispute in respect of the apportionment of - (a) the amount of compensation determined under sub-section (2) of section 17 or sub-section (4) of section 18; (b) the net value realised or payable under sub-section (5) or (6) of section 22; (c) the total amount of compensation determined under sub-section (2) of section 31; the Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the amount of the compensation or net value, as the case may be, in the Court and thereupon the provisions of sections 28 and 43 of the Land Acquisition Act, 1309 (IX of 1309 F.), shall, so far as may be, apply.

Notwithstanding anything contained in any law for the time being in force, no person to whom a holding has been allotted under this Act shall- (a) transfer any holding or part thereof except in accordance with such conditions as may be prescribed; (b) except with the permsssion in writing of the Board of Revenue, sub-divide such holding.

(1) If after a scheme has come into force it appears to the Board of Revenue that the scheme is defective on account of an error, irregularity or informality, the Board of Revenue shall publish a draft of such variation in the perscribed manner. The draft variation shall state every amendment proposed to be made in the scheme. (2) Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing any objection to such variation to the Board of Revenue through the Settlement Commissioner. (3) After receiving the objections under sub-section (2) the Board of Revenue may, after making such enquiry as it may think fit, by notification in the Official Gazette, make the variation with or without modifications or may not make any variation. (4) From the date of the notification making the variation, the variation shall take effect as if it were incorporated in the schcme.

A scheme for the consolidation of holdings confirmed under this Act may at any time be varied or revoked by a subsequent scheme prepared, published and confirmed in accordance with this Act.