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State of Jammu-Kashmir - Section

Section 49 in The Jammu and Kashmir Consolidation of Holdings Act, 1962

49. Constitution of Consolidation Committee.

(1)The [Consolidation Naib-Tehsildar] [Substituted by Act XXVI of 1969.] shall constitute for each unit a Consolidation Committee consisting of not less than five and not more than seven members elected from amongst the tenure-holders of the unit in such manner as may be prescribed :Provided that land-owner, an occupancy tenant, a protected tenant, a tenant under the State, a non-occupancy tenant and an allottee of land under the State shall be given representation in proportion to the incidence of their population in such unit.
(2)The Settlement Officer (Consolidation) may nominate not more than two persons on a Consolidation Committee whose addition will, in his opinion, facilitate consolidation proceedings in the unit. The person so nominated shall, for purposes of this Act, have all the powers and be subject to all the liabilities of elected members of the Committee.
(3)Where at any time the Director of Consolidation is satisfied that the Consolidation Committee has refused or failed without reasonable cause or excuse to discharge the duties or perform the functions imposed or assigned by or under this Act or circumstances have so arisen that the Committee has been rendered unable to discharge the duties or perform the functions aforesaid or it is otherwise expedient or necessary to do so, he may by an order duly published, either have, the Consolidation Committee reconstituted in accordance with the provisions of sub-sections (1) and (2) or appoint some other authority to perform the functions or discharge the duties of the Consolidation Committee under this Act and thereupon all references to the Consolidation Committee under this Act shall be deemed to include references to the Consolidation Committee so reconstituted or the authority so appointed, as the case may be :Provided that no such Committee shall be reconstituted or authority appointed unless the Consolidation Committee has been given an opportunity to show cause why it should not be dissolved for reasons of refusal, failure or inability to discharge the duties or perform the functions imposed upon or assigned to it by or under this Act.