Chapter IV Enforcement Of The Scheme

1. (2) On 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 final consolidation scheme shall be liable, for the payment of 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. New revenue records

1. (1) As soon as may be, after the final consolidation scheme has come into force, the District Deputy Director of Consolidation shall cause to be prepared for each village, a new map filed book and record of rights in respect of the consolidation area, on the basis of the entries in the map as corrected under section 7 the Khasra Chakbandi, the annual register prepared under section 10 and the allotment, orders as finally made and issued in accordance With the provisions or this Act. The provisions of the U. P. Land Revenue Act, 1901 shall, subject to such modification as maybe prescribed, be followed in the preparation of the map and records.
2. (2) All entries in the record of rights prepared in accordance with the provision of sub-section (1) shall be presumed to be true until the contrary is proved.
3. (3) After the issue of notification under section 37, the Collector shall, instead of the map, field-book and record of rights previously maintained by him maintain the map, field-book and record of rights prepared in accordance with the provisions of sub-section (1) and the provisions of the U. P.

1. (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. (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. Recoveries of compensation Reduction of land revenue on account of contribution of land for public purposes
3. (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. 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.
4. (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. 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.
5. (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 Compensation for land contributed by tenure-holders for public purposes the reduction of the Land revenue determined in accordance with the provisions of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950. 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. Vesting of and contributed for public proposes
6. (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.
7. (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. 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.
8. (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

1. (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
2. (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;
3. (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;
4. (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
5. (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

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.

1. (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.
2. (3) Any amount payable as costs under this section shall be recoverable as arrears of land revenue.