Section 23 in The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948
23. Right to possession of new holdings.
(1)If all the owners and tenants affected by [the repartition as carried out under sub-section (1) of section 21] [Substituted for the words 'the scheme of consolidation, or as the case may be, repartition as finally confirmed' by Punjab Act 25 of 1962.], 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 ass may be specified by him.(2)[ If all the owners and tenants 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 so entitled including standing crops, if any, and for doing so may exercise the powers of a Revenue Officer under the Punjab Land Revenue Act, 1887.] [Substituted by Punjab Act 25 of 1962.](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 provided under this Act] [Substituted for the words 'in the prescribed manner' by Punjab Act 23 of 1950.] the compensation payable in respect of such crops by the persons 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 under the scheme fails within 15 days of the [date] [Substituted for the words 'commencement of the agricultural year' by Punjab Act 25 of 1962.] 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.[23A Management and control of lands of common purposes to vest in Panchayats or State Government. - As soon as a scheme comes into force the management and control of all lands assigned or reserved for common purposes of the villages under Section 18, -(a)in the case of common purposes specified in sub-clause (iv) of clause (bb) of section 2 in respect of which the management and control are to be exercised by the State Government, shall vest in the State Government; and(b)in the case of any other common purpose, shall vest in the Panchayat of that village;and the State 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 accordingly :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 to whom it is given under the scheme of Consolidation.] [Substituted by Punjab Act 39 of 1963.]
