36Exchange of land for consolidation of cultivated area

(1) A person, who wishes to consolidate the area which he cultivates, may apply to lie sub-divisional officer to exchange the whole or any portion of such area for land cultivated by another person.

(2) If, on receipt of an application under sub-section (2), the sub-divisional officer is satisfied that reasonable grounds exist, he shall grant such application, either in whole or in part, and shall allot to such other person land which is cultivated by the applicant and which is approximately equal in value to, and of the same quality as, the land received by the applicant:

Provided that, to such extent as any land to be exchanged is not approximately equal in value and of the same quality, the sub-divisional officer shall award monetary compensation to balance the advantages and disadvantages, collect such compensation as arrears of revenue, and pay it to the persons entitled.

(3) After the order passed under sub-section (2) is complied with, each person shall have, in respect of the land which he receives in exchange, the same right as he had in the land which he gives in exchange.

(4) No order of exchange shall be passed under this section--

(a) in respect of land which is cultivated by a non-occupancy tenant, or is burdened with any lease, mortgage or other encumbrance; or

(b) between persons who are not landlords, or tenants of the same landlord, or who do not stand to one another in the relation of landlord and tenant.

(5) After deciding the case, the sub-divisional officer shall submit the record for confirmation of the order passed by him to the collector:

Provided that, if any area is under record operations, all applications under this section relating to such area shall be filed in the court of the record officer.

(6) If the application is decided by the record officer, the record shall be submitted for confirmation of the order passed by him to the Chief Commissioner.