Section 17A in The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
17A. [ Right to possession of new holdings. [Inserted by Act 27 of 1975.]
(1)If all the raiyats affected by the scheme of consolidation confirmed under Section 13, agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession from the date fixed under sub-section (1) of Section 14.(2)If all the raiyats as aforesaid do not agree to enter into possession under sub-section (1), they shall be entitled to possession of the holdings allotted to them from the commencement of the agricultural year next following the date of the publication of the scheme under sub-section (2) of Section 13 and the Consolidation Officer shall, if necessary, put them in possession of the holdings to which they are so entitled with standing crops, if any, and for so doing, shall have all the powers including the power to punish for contempt and such other powers as are exercisable by a Civil Court in execution of a decree for delivery of possession of immoveable property:Provided that the right of a raiyat to enter into possession of any holding under sub-section (1), or to be put in possession of any holding under sub-section (2), shall be subject to the right of any under raiyat to whom any land comprised in such holding may have been allotted under the scheme of consolidation:Provided further that delivery of possession shall not affect the right of 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 delivery unless the Assistant Consolidation Officer decides, for reasons to be recorded, that possession over the crops also shall be delivered:Provided also that the person tending and gathering standing crop in accordance with the second proviso, shall be liable to pay to the person who has been allotted the chak or lands amount for the use of the land at such rate and in such manner as may be prescribed.(3)On the expiry of six months from the date on which a raiyat or an under raiyat becomes entitled to enter into possession of the chak or the lands allotted, whether before or after coming into force of the Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1973 or on the expiry of six months from the date of the coming into force of that Act, whichever is later, the raiyat or the under raiyat, as the case may be, shall, unless possession has been delivered earlier, be deemed to have entered into actual physical possession of the allotted chak or land:Provided that the fact that a raiyat or under raiyat has thus entered into possession shall not affect the right of the person from whom possession is deemed to have been transferred to tend and gather the crops standing on the chak or lands or part thereof on the date of expiry of the period of six months aforesaid.]
