Section 26 in The Jammu and Kashmir Consolidation of Holdings Act, 1962
26. Statement of Proposals.
(1)As soon as the Statement of Principles has been confirmed under section 25 the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall, in consultation with the Consolidation Committee and on the basis of the Statement prepared under section 21 and the Statement of Principles and having regard to the provisions of sub-section (2), prepare, in the manner hereinafter provided, a Statement of Proposals.(2)In preparing the statement of proposals the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall have regard to the following matters :-(a)the number of Chaks allotted to each tenure-holder shall not, except with the approval of the Director of Consolidation, exceed the number of blocks in the estate ;(b)every tenure-holder shall, as far as possible, be allotted a compact area in each block at the place where he holds the largest part of his holding and as nearly equivalent to the valuation of the plots held by him in that block :[Provided that, the land held by a non-occupancy tenant under a tenure-holder other than the State shall be deemed to be a part of the holding of such tenure-holder ;] [Proviso to sub-section (2)(b) inserted by Act XXVI of 1969.](c)the tenure-holders belonging to the same family shall, as far as possible, be allotted contiguous Chaks ;(d)every tenure-holder shall, as far as possible be allotted the plot on which exists his private source of irrigation or any other improvement together with such other plots as may be held by him near it ;(e)small tenure-holder shall, as far as possible, be allotted Chaks in compact blocks with a view to facilitate co-operative joint farming ;(f)[ no compensation shall be assessed or proposed in respect of any improvements made in the land used, or transferred in the consolidation area in contravention of clause (d) of section 5 of this Act.] [Clause (f) inserted by Act XXVI of 1969.](3)The [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall prepare the Statement of Proposals in the prescribed form showing-(a)details of previous plots of each tenure-holder and of the plots proposed to be allotted to him in the unit ;(b)the compensation for trees, wells and other improvements, determined in the manner prescribed;(c)the areas to be ear-marked for public purposes ; and(d)such other particulars as may be prescribed.(4)The Statement of Proposals shall be accompanied by a map of the unit showing the proposed allotment of plots.(5)Notwithstanding anything contained in this Act or in any other law for the time being in force, it shall be lawful for the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] where it appears necessary to him so to do to allot after determination its valuation, any portion of the common lands of the unit used for public purposes, or any vacant lands of the unit vested in the Government to any tenure-holder so as to form part of his holding.(6)Where any land mentioned in sub-section (5) is allotted to a tenure-holder, it shall be deemed to have been settled with him on payment of compensation for the development, if effected in or over that land, to be determined, in the manner prescribed.(7)Whenever in preparing a Statement of Proposals it appears to the [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] that it is necessary to amalgamate any land used for public purposes, or which is vested in the Government, with any holding, he shall make a declaration to that effect stating therein that it is proposed that the right of the public as well as of all individuals in or over the said land shall be transferred to any other land earmarked for public purposes in the Statement of Proposals and whenever the rights are so transferred they shall stand extinguished from the land from which they are transferred and be created in the land to which they are transferred.
