LexThe Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
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Open in Lexace · Ask the AI about this actBombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
GOVERNMENT OF GUJARAT
LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT
BOMBAY ACT NO. LXII OF 1947
The Bombay Prevention of Fragmentation
and Consolidation of Holdings Act, 1947
(As modified upto the 31st October, 2006)
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
BOMBAY PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDINGS ACT, 1947
....................................
CONTENTS
PREAMBLE PAGE
NO.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
DETERMINATION OF LOCAL AND STANDARD AREAS AND
TREATMENT OF FRAGMENTS.
3. Determination of local area.
4. Settlement of standard areas.
5. Determination and revision of standard areas.
6. Entry in the Record of Rights.
7. Transfer and lease of fragments.
8. Fragmentation prohibited.
8AA. Restriction on partition of land.
8A. Sections 7 and 8 not to apply to transfer for public purpose.
9. Penalty for transfer or partition contrary to provisions of Act.
10. Transfer of fragment to Government.
11. [Deleted.]
12. Determination of compensation for purpose of section 10.
13. Amendment of sections 117A and 117B of Bom. V of 1879.
14. Fragment not to be sold at Court sale or created by such sale.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
CHAPTER III
PROCEDURE FOR CONSOLIDATION
15. Government may of its own accord or on application declare
its intention to make scheme for consolidation of holdings.
15A. Preparation of scheme and principles to be followed in its
preparation.
16. Scheme to provide for compensation.
17. Amalgamation of public roads, etc., within scheme for
consolidation of holdings.
18. Land reserved for public purpose.
19. Publication of draft scheme.
20. Confirmation of scheme.
21. Right to possession of new holdings.
22. Coming into force of scheme.
23. Certain laws no ban on transfer of holdings.
24. Certificate of transfer.
25. Loans to assist consolidation.
CHAPTER IV
EFFECT OF CONSOLIDATION PROCEEDINGS AND OF CONSOLIDATION OF HOLDINGS.
26. Exercise by Consolidation Officer of powers under certain Acts.
27. Stay of certain proceedings; ban on transfer of land during
continuance of consolidation proceedings.
28. Rights in holdings.
29. Transfer of encumbrances.
29A. Consolidation officer to decide whether base should be
transferred or not.
30. Appointment of compensation or net value in case of dispute.
31. Restrictions on alienation and sub division of consolidation holdings.
31A. Correction of clerical and arithmetical mistakes in scheme.
32. Power to vary scheme on ground of error, irregularity,
informality.
33. Power to vary or revoke scheme.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
CHAPTER V
GENERAL
34. Vesting of powers of Settlement Commissioner.
34A. Constitution of village committees.
35. Power of State Government to call for proceedings.
36. Appeal and revision.
36A. Bar of jurisdiction.
36B. Suits involving issues required to be decided under this Act.
36C. Indemnity.
37. Rules.
38. Repeal and Savings.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
BOMBAY ACT No. LXII OF 1947.1
[THE BOMBAY PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF
HOLDINGS ACT, 1947]+
[29th January 1948.]
Adapted and modified by the Adaptation of Laws Order, 1950.
Amended by Bom. 31 of 1951.
Amended by Bom. 69 of 1953.
Amended by Bom. 33 of 1956.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent
Subjects) Order, 1956.
Amended by Bom. 8 of 1958.
Amended by Bom. 61 of 1958.
Amended by Bom. 63 of 1959.
Adapted and modified by the Gujarat Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
Amended by Guj. 15 of 1964.
Amended by Guj. 9 of 1979.
Amended by Guj. 25 of 1982.
An Act to provide for the prevention of fragmentation
of agricultural holdings and for their consolidation.
WHEREAS it is expedient to prevent the fragmenta tion of agricultural holdings and
provide for the consolidation of agricultural holdings for the purpose of the better
cultivation thereof; It is hereby enacted as follows :-
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the Bombay Prevention of Fragmentation and
Consolidation of Holdings Act, 1947.
2[(2) It extends to the whole of the 3[State of Gujarat].
(3) It shall come into force in such areas and such date as the 4[State]
Government may by notification in the Official Gazette direct.
2. In this Act, unless there is anything repugnant in the subject or context-
Short title,extent
and
commencement.
Definitions.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
(1) “agricultural year” means the year commencing on the first day of April;
(2) “Consolidation of holdings” means the amalgamation and where
necessary the redistribution of holdings or portions of holdings in any
village, mahal or taluka or any part thereof so as to reduce the number
of plots in holdings ;
(3) “Consolidation Officer” means an officer appointed as such und er
section 17 by the 5[State] Government and includes any person
authorised by the 5[State] Government to perform all or any of the
functions of the Consolidation Officer under this Act;
6[3A) “Co-operative Society” means a co -operative society registered or
deemed to be registered under the Bombay Co -operative Societies Act,
1925 ; [7 * * * * * ;] ]
(4) “fragment” means a plot of land of less extent than the appropriate
standard area determined under this Act :
Provided that no plot of land shall be deemed to be a fragment by reason of any
diminution in its, area by diluvion ;
(5) “land” means agricultural land, whether alienated or unalienated ;
(6) “local area” means any area notified as such in the Official Gazette
under section 3 ;
8[ * * * * * ]
(8) “Owner” means in the case of unalienated land the occupant 9[or
tenure-holder] and when such land has been mortgaged owner means
the mortgagor; in the case of alienated land owner means the superior
holder 10[or Girasdar];
11[ * * * * * ]
Explanation.- In this clause the expression “Girasdar” shall have the meaning
assigned to it in the Saurashtra Land Reforms Act, 1951].
(9) “prescribed” means prescribed by rules made under this Act;
12[(9a) “relevant Code” means-
13[(a) in the Kutch area of the State of Gujarat, the Bombay Land Revenue
Code, 1879 as applied to that area and in the rest of the State of
Gujarat, the Bombay Land Revenue Code, 1879;]
14[ * * * * * ]
(9b) “relevant tenancy law” means-
Bom.VII of 1925.
Sau. Act XXV of
1951.
Bom..V of 1879.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
15[(a) in the Bombay area of the State of Gujarat, the Bombay Tenancy and
Agricultural Lands Act, 1948 and in the Kutch area of that State, the
Bombay Tenancy and Agricultural Lands (Vidarbha Region and K utch
area) Act, 1958, in its application to the Kutch area of the State;]
16[ * * * * * ]
(d) in the Saurashtra area of the 17[State of Gujarat], the Saurashtra
Prohibition of Leases of Agricultural Lands Act, 1953 and the Saurashtra
Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 ;
(9c) “Settlement Commissioner” includes a Commissioner of Survey
Settlement; ]
(10) “Standard area” in respect of any class of land means the area which
the
18[State] Government may from time to time determine under
section 5 as the minimum area necessary for profitable cultivation in
any particular local area, and includes a standard area revised under the
said section;
19[(10a) “village committee” means a village committee constituted under
section 34A;]
(11) words and expressions used in this Act, but not defined have the
meaning assigned to them in the 21[relevant Code];
20[(12) any reference in this Act to the Bombay Land Revenue Code, 1879, shall,
where the context so requires, be construed as reference to that Code
as applied to the 22[Kutch area of the State of Gujarat.]
CHAPTER II
DETERMINATION OF LOCAL AND STANDARD AREAS AND TREATMENT OF FRAGMENTS
3. The 23[State] Government may, after such inquiry as it deems fit, by notification
in the Official Gazette, specify a village, mahal or taluka 24[or tahsil] or any part
thereof as a local area for the purposes of this Act.
4. (1) The 23[State] Government may, after such inquiry as it deems fit and
after consultation with the District Advisory Committee 25[any other
body,] appointed by it, provisionally settle for any class of land in any
local area the minimum area that can be cultivated profitably as a
separate plot.
(2) The 23[State] Government shall by notification in the Official Gazette,
and in such other manner as may be prescribed publish the minimum
areas provisionally settled by it under sub -section (1) and invite
objections thereto.
5. (1) The 23[State] Government shall, after considering the objectio ns, if any,
received within three months of the date of publication of the
Sau.Act XXIII of
1953.
Sau. Ord LVi of
1949.
Bom. V of 1879.
Determination of
local area.
Settlement of
standard areas.
Determination
and revision of
standard areas.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
notification under sub -section (2) of section 4 of the village concerned
and making such further inquiry as it may deem fit, determine the
standard area for each class of land in such local area.
(2) The 23[State] Government may, at any time, if it deems fit expedient so
to do, revise a standard area determined under sub -section (1). Such
revision shall be made in the manner laid down in section 4 and
sub-section (1).
(3) The
26[State] Government shall, by notification in the Official Gazette ,
and in such other manner as may be prescribed, give public notice of
any standard area determined under sub -section (1) or revised under
sub-section (2).
6. (1) On notification of a standard area under sub -section (3) of section 5 for
a local area all fragments in the local area shall be entered as such in the
Record of Rights or where there is no Record of Rights in such village
record as the
26[State] Government may prescribed.
(2) Notice of every entry made under sub -section (1) shall be given in the
manner prescribed for the giving of notice 27[* * * under the
relevant Code,] of an entry in the register of mutations.
7. (1) No person shall transfer any fragment in respect of which a notice has
been given under sub-section (2) of section 6 28[except to the owner of]
a contiguous survey number or recognised sub -division of a survey
number :
29[Provided that the holder of such fragment may mortgage or transfer it
to the State Government or a land mortgage bank or any other
co-operative society as security for any loan advanced to him by the
State Government or such bank or society, as the case may be.]
(2) Notwithstanding anything contained in 30[any law for the time being in
force or in any instrument or agreement], no such fragment shall be
leased to any person other than a person cultivating any land which is
contiguous to the fragment.
8. No land i n any local area shall be transferred or partitioned so as to create a
fragment.
31[8AA. (1) Where, by transfer, decree, succession or otherwise, two or more
persons are entitled t o shares in an undivided agricultural and in any
local area for which standard area have been fixed, and the land has to
be partitioned among them, such partition shall be effected so as not to
create a fragment.
(2) Where such partition is made by the Co urt or the Collector, the
following procedure shall be adopted-
(a) If, in effecting a partition among several co -shares, it is found
that a co -sharer is entitled to a specific share in the land and
cannot be given that share without creating a fragment, he shall
Entry the Record
of Rights.
Transfer and lease
of fragments.
Fragmentation
prohibited.
Restriction on
partition of land.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
be compensated in money for that share. The amount of
compensation shall be determined so far as practicable in
accordance with the provisions of section 23 of the Land
Acquisition Act, 1894 32[or, as the case may be, of that section) in
its appl ication to the Saurashtra area of the State of Bombay
under the Land Acquisition Act, 1894 [Adaptation and
Application) Ordinance 1948. 33[* * *]
(b) If, in effecting a partition, it is found that there is not enough
land to provide for the shares of all the co -shares in accordance
with the provisions of sub -section (1), the co -sharers may agree
among themselves as to the particular co -sharer or co -sharers
who should get the share of land and which of them should be
compensated in money. In the absence of any such agreement,
the co-sharers to whom a share of land can be provided an those
to whom money compensation should be given shall be chosen
by lot in the manner prescribed.
(c) The compensation shall be payable by e ach co -sharer in
proportion to the excess value of land he gets over the share of
land legally due to him, and such co -sharer shall deposit the
proportionate amount of compensation in the manner
prescribed before taking possession of the share allotted to him.
On his failure to do so, his share shall be allotted to any other
co-sharer to whom land has not been previously allotted and
who is chosen in the manner provided in clause (b) subject to the
payment of similar compensation to the co -sharers not getti ng
shares of land.
(d) If none of the co -sharers to whom land has been allotted under
clause (c) pays the compensation and takes the share, the share
shall be sold in auction to the highest bidder, and the purchase
money shall be paid to the co -sharers n ot getting land in
proportion to their respective shares.
(e) Where the parties agree upon any other method of partition
which will not result in the creation of a fragment, that method
shall be followed in effecting partition.
(3) Where a partition is effected in execution of a decree all questions
relating to the partition of the land and apportionment of compensation
shall be decided by the Court executing the decree or by the Collector
effecting the partition, as the case may be, in accordance with t he
provisions of sub-section (2).]
34[8A. Nothing in sections 7, 35[8 and 8AA] shall apply to a transfer of any land for such
public purpose as may be specified in this behalf by the State Government by
notification in the Official Gazette].
9. (1) The transfer or partition of any land contrary to the provisions of this
Act shall be void.
(2) The owner of any land so transferred or partitioned shall be liable to pay
such fine not exceeding Rs. 250 at the Collector may, subject to the
general orders of the 36[State] Government, direct 37[Such fine shall be
recoverable as an arrear of land revenue.]
I of 1894. Sau. Ord
Xxi of 1948.
Sections 7 and 8
not to apply to
transfer for public
purpose.
Penalty for
transfer or
partition contrary
to provision of
Act.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
38[(3) Any person unauthorizedly occupying or wrongfully in possession of,
any land, the transfer or partition of which either by the Act of parties
or by the oper ation of law, is void under the provisions of this Act, may
be summarily evicted by the Collector.]
10. (1) Any owner of a fragment may transfer it to the 39[State Government] on
40[payment by the State Government] o f such compensation to persons
possessing interest therein as the Collector may determine and
thereupon the fragment shall vest absolutely in the 39[State
Government] free from all encumbrances 41[but no such fragment shall
be transferred to the State Government unless it is first offered to the
owner of a contiguous survey number or recognised sub -division of a
survey number on payment of the compensation determined by the
Collector as aforesaid and such owner has refused to purchase the
fragment on payment of such compensation].
(2) Any such fragment may be disposed of in accordance with the
provisions of section 117 -B of the Bombay Land Revenue Code, 1879
43[* * *].
11. [Partition of estate assessed to payment of revenue to Government o r
separation of share thereof]. Deleted by Bom. LXI of 1958, s. 3 (10).
12. In determining the compensation for the purposes of section 10 the Collector
shall have regard to the provisions of sub -section (1) of section 23 of the Land
Acquisition Act, 1894 44[45[or, as the case may be, of sub -section (1)] of that
section in it’s a application to the Saurashtra area of the State of Bombay under
the Land Acquis ition Act, 1894 (Adaptation and Application) Ordinance, 1948,]
46[ * * * ]
13. 47[(1)] In sections 117A and 117B of the Bombay Land Revenue Code, 1879,
the following shall be inserted at the commencement of the said
sections, namely :-
“Subject to the provisions of the Bombay Prevention of Fragmentation
and Consolidation of Holdings Act, 1947.”
48[ * * * ]
49[ * * * ]
50[14. Notwithstanding anything contained in any law for the time being in fore, no
fragment, in respect of which a notice has been given under sub -section (2) of
section 6, shall be sold at any sale held under the orders of any Court except to
the owner of a contiguous survey number or recognized sub-division of a survey
number and no land shall be sold at such sale so as to leave a fragment.]
CHAPTER III
PROCEDURE FOR CONSOLIDATION
Transfer of
fragment to
42[Government.]
Bom V of 1879.
Determination of
compensation for
purpose of section
10.
1 of 1894.
Sau. Ord.
Xxi of
1948.
Amendent of
section 117A and
117B of Bom. V of
1879.
Bom. V of 1879.
Bom. LXII of 1947.
Fragment not to
be sold at Court
sale or created by
such sale.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
15. With the object of consolidating holdings in any village, mahal, 51[taluka or
tahsil] or any part thereof for the purpose of better cultivation of lands therein,
the 52[State] Government may 53[of its own motion or on an application made in
that behalf] declare by a notification in the Official Gazette and by publication in
the prescribed manner in the villag e or villages concerned its intention to make
a scheme for the consolidation of holdings in such village or villages or part
thereof as may be specified. On such publication in the village concerned the
52[State] Government may appoint a Consolidation Officer who shall proceed to
prepare 54* * * a scheme for the consolidation of holdings in such village or
villages or part thereof, as the case may be 55[in the manner hereinafter
provided.]
56[15A. (1) The Consolidation Officer shall, after giving due notice to the land
owners concerned and the village committee, visit each of the
concerned villages and shall, in consultation with the village committee,
proceed to prepare a scheme for th e consolidation of holdings which
shall include such statements, records and maps as may be prescribed.
(2) In preparing the scheme, the Consolidation Officer shall have regard to
the procedure which the State Government may from time to time
prescribed in regard to the number of blocks in which the village lands
are to be grouped, the manner of allotting new plots to each owner, the
recommendations of the village committee and such other matters as
may be prescribed.]
16. (1) The scheme prepared by the Consolidation Officer shall provide for the
payment of compensation to any owner who is allotted a holding of less
market value than that of his original holding and for the recovery of
compensation from any owner who is a llotted a holding of greater
market value than that of this original holding.
(2) The amount of compensation shall be determined, so far as practicable,
in accordance with the provisions of sub -section (1) of section 23 of the
Land Acquisition Act, 1894 57[or, as the case may be of sub -section (1)]
of that section in its application to the Saurashtra area of the State of
Bombay under the Land Acquisition Act, 1894 [Adaptation and
Application) Ordinance, 1948 58[ * * ].
17. (1) Whenever in preparing a scheme for the consolidation of holdings, it
appears to the Consolidation Officer that it is necessary to amalgamate
any road, street, lane or path with any holding in the scheme, he shall
make a declaration no that effect stating in such declaration that it is
proposed that the right of the public as well as of all individuals in or
over the said road, street, lane or path shall be extinguished or, as the
case may be, transferred to a new road, street, lane or path laid out in
the scheme of consolidation.
(2) The declaration in sub -section (1) shall be published in the village
concerned in the prescribed manner along with the draft scheme
referred to in section 19.
Government may
of its own accord
or on application
declare its
intention to make
scheme for
consolidation of
holdings.
Preparation of
scheme and
principles to be
followed in its
preparation
Scheme to
provide for
compensation.
I of 1894
Sau. Ord.
XXI of 1948.
Amalgamation of
public roads
etc,with in
scheme for
consolidation of
holdings.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
(3) Any member of the public or any person having any interest or r ight, in
addition to the right of public highway, in or over the said road, street
lane or path or having any other interest or right which is likely to be
adversely affected by the proposal may, within thirty days after the
publication of the declaration under sub -section (1) state to the
Consolidation Officer in writing his objection to the proposal, the nature
of such interest or right and manner in which it is likely to be adversely
affected and the amount and the particulars of his claim to
compensation for such interest or right :
Provided that no claim for compensation on account of the extinction or
diminution of the right of public highway over such road, street, lane or path shall be
entertained.
(4) The Consolidation Officer shall, after considering the objections, if any,
made to the proposal, submit it with such amendments, if any, as he
may consider necessary, to the Settlement Commissioner, together with
the objections received, his recommendations thereon and a statement
of the amounts of compensation, if any, which in his opinion are
payable, and of the persons by whom and the persons to whom such
compensation is payable. The decision of the Settlement Commissioner
on the proposal and regarding the amount of compensation and the
persons by whom such compensation, if any, is payable, shall, subject to
any modification made by the 59[State] Government, be final.
60[18. (1) Notwithstanding anything contained in any law for the time being in
force, it shall be lawful for the Consolidation Officer, in consultation
with the village committee,-
(a) to direct that any land specifically assigned for any public
purpose shall cease to be so assigned and to assign any other
land in its place;
(b) if in any area under co nsolidation no land is reserved for any
public purpose including extension of the village sites, or if the
land so reserved in inadequate, to assign other land for such
requirements and for that purpose to effect a proportionate cut
in all the holdings of the village.
(2) Where a proportionate cut in all the holdings of a village has been
effected under sub-section (1), the State Government shall pay to every
person affected thereby compensation in respect of the land recovered
by such cut at the market va lue of the land at the date of the
publication of the notification under section 15.
(3) Save as provided in sub -section (2), the amount of such compensation
shall be determined by the Consolidation Officer, so far as practicable in
accordance with the pr ovisions of sub -section (1) of section 23 of the
Land Acquisition Act, 1894].
19. (1) When the scheme of consolidation is ready for publication, the
Consolidation Officer shall publish it in the prescribed manner in the
village or villages concerned. Any person likely to be affected by such
Land reserved for
public pupose.
Publication of
draft scheme.
I of 1894
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
scheme, shall, within thirty days of the date of s uch publication,
communicate in writing to the Consolidation Officer any objections
relating to the scheme. The Consolidation Officer shall, after considering
the objections, if any received, submit the scheme with such
amendments as he considers to be necessary, together with his remarks
on the objections, to the Settlement Commissioner.
(2) The Consolidation Officer shall also publish the scheme as amended by
him.
61[20. (1) If within thirty days of its publication, no objections a re received to the
draft scheme published under sub-section (1) or as the case may be, the
amended draft scheme published under sub -section (2), of section 19,
the Settlement Commissioner shall confirm the scheme.
(2) If any objections are received to suc h draft scheme or amended draft
scheme, and
(a) the Settlement Commissioner after considering the objections
approves of the draft scheme or the amended scheme, he shall
submit the draft scheme, or as the case may be, the amended
scheme to the State Gov ernment together with the objections
received thereto, or
(b) the Settlement Commissioner, after considering the objections,
further amends the scheme, the Settlement Commissioner shall
publish the further amended scheme in the prescribed manner.
(3) If within fifteen days of the publication of a further amended scheme
under clause (b) of sub-section (2),-
(a) no objections are received thereto, the Settlement
Commissioner shall confirm the scheme; and
(b) if any objections are received, then the Set tlement
Commissioner shall submit such further amended scheme to the
State Government together with the objections received thereto.
(4) Upon submission of a scheme under clause (a) of sub -section (2) or
clause (b) of sub -section (3), the State Government may, after taking
into consideration the objections either confirm the scheme, with or
without amendments or may refuse to confirm it].
21. 62[(1) Upon the confirmation of the scheme under sub-section (1), 63[(3) or (4)]
of section 20, a notification stating that the scheme has been confirmed
shall be published in the Official Gazette and the scheme as confirmed
shall be published in the prescribed manner in the village or villages
concerned. If two-thirds or more of the owners affected by such scheme
agree to enter into possession of the holdings allotted to them
thereunder, the Consolidation Officer may allow all the owners to enter
into such possession forthwith or from such date as may be specified by
him.
Conirmation of
scheme.
Right to
possession of new
holdings.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
(2) If tw o thirds or more of such owners do not agree to enter into
possession under sub -section (1), all the owners shall be entitled
possession of the holdings allotted to them under the scheme from the
commencement of the agricultural year next following the dat e of
publication of the notification in the Official Gazette under sub-section
(1).
(2A) In enforcing the provisions of sub -section (1) or (2) the Consolidation
Officer shall, if necessary, put the owners in possession of the holdings
to which they are entitled under the scheme and for doing so may, in
the prescribed manner, evict any person from any land.]
(3) Notwithstanding anything contained in sub -section (2) no owner shall
be entitled to possession of any holding allotted to him under the
scheme unless he deposits in the prescribed manner within fifteen days
of the commencement of the said agricultural year such compensation
as is recoverable from his under the scheme.
(4) Where an owner fails to comply with the provisions of sub -section (3)
his right in such holding may be allotted in the prescribed manner by
the Consolidation Officer to any other person who pays that value of
the holding, and in such case t he value realized after deducting the
expense (hereinafter called the next value) shall be paid to the owner
and any other person having an interest in the holding.
64[(5) If no person is forthcoming to pay the value of the holding, the State
Government m ay recover from the owner the compensation
recoverable from him under the scheme as an arrear of land revenue or
the State Government may itself purchase the holding after paying the
net value of the holding to the owner and any other person having
interest in the holding.]
22. As soon as the persons entitled to possession of holdings under this Act have
entered into possession of the holdings respectively allotted to them, the
scheme shall be deemed to have come into force.
23. Notwithstanding anything contained in any law for the time being in force, the
rights of owners, or other persons having interest, shall for the purpose of giving
effect to any scheme of consolidation affecting them be transferable by
exchange or otherwise.
24. (1) The Consolidation Officer shall grant to every owner to whom a holding
has been allotted in pursuance of a scheme of consolidation and to
every person to whom a right is allotted under sub-section (4) of section
21, a certificate in the prescribed form duly registered under the Indian
Registration Act, 1908, to the effect that the holding has been
transferred to him in pursuance of the scheme.
65[The Consolidati on Officer may, thereupon, cause to be prepared a
now record of rights in respect of the holdings so transferred and the
record of rights so prepared shall be deemed to have been prepared 66[
* * * ] under the relevant Code.]
(2) Notwithstanding anything contained in any law for the time being in
force no stamp or registration fee shall be payable in respect of such
certificate.
Coming into force
of scheme.
Certain laws no
ban on transfer of
holdings.
Certificates of
transfer.
XVI of 1908.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
25. For carrying out any of the purposes of this Act, a loan may be granted to an
owner and recovered from him as a loan under the Land Improvement Loans
Act, 1883, or the Agriculturists’ Loans Act, 1884.
CHAPTER IV
EFFECT OF CONSOLIDATION PROCEEDINGS AND OF CONSOLIDATION OF HOLDINGS
26. (1) During the continuance of the consolidation proceedings the
Consolidation Officer shall exercise and discharge the functions of a
revenue officer under Chapter IX o f the Bombay Land Revenue Code,
1879.
67[ * * * * * ].
the Mamlatdar’s Courts Act, 1906, and the 68[relevant tenancy law]; and
no revenue officer other than the Consolidation Officer shall take any
proceedings under any of the said Acts in respect of any holding or land
for the consolidation of which a notification has been issued under
section 15.
(2) Where in respect of any holding the Consolidation Officer proceeds to
prepare a scheme under section 15-
(a) all applications and proceedings including execution proceedings
pending before any revenue officer under Chapter IX of the
Bombay Land Revenue Code, 1879,
67[* * * * *], the
Mamlatdar’s Courts Act, 1906, and t he 68[relevant tenancy law],
in respect of any holding or land for the consolidation of which a
notification has been issued under section 15 shall be
transferred to the Consolidation Officer; and
(b) the Consolidations Officer shall, by proclamation, call upon all
persons who claim to be entitled to possession under any of the
said Acts of any holding for the consolidation or which a
notification has been issued under section 15 to make within the
prescribed period an application to be put in possession of such
holdings; and any person who fails to so within the prescribed
period shall thereafter be debarred from making it :
Provided that nothing in this clause shall debar any persons from making, after the
coming into force of a scheme of consolidation under section 22, any application in
respect of any holding included in the scheme, if such application could lie under the
provisions of any law for the time being in force.
(3) The Consolidation Office r shall submit any order passed by him under
any of the said Acts to the Collector for confirmation if an application in
that behalf is made to him by any party to a proceeding under this
section within fifteen days from the date of the order.
Loans to assist
consolidation.
XIX of
1883.
XII of
1884.
Bom. V of
1879.
Bom. II of
1906
Exercise by
Consolidation
officer of powers
under certain
Acts.
Bom. II of
1906.
Bom. V of
1906.
Bomm. II of
1906.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
27. When a Consolidation Officer proceeds to prepare a scheme under section 15,
during the continuance of the consolidation proceedings-
70[(a) no proceedings,-
(i) under section 153 or 155 of the Bombay Land Revenue Code,
1879;
71[* * *]
72[(ii) for execution of any award made or deemed to be made under
the Bombay Co-operative Societies Act, 1925];
(iii) for execution of any award made under the Bombay Agricultural
Debtors’ Relief Act, 1947; 73[or under the Saurashtra Agricultural
Debtor’s Relief Act, 1954 ];
74[* * * * * *]
(iv) for execution of any decree passed by a Civil Courts in respect of
any land in respect of which a notification has been issued under
section 15 shall be commenced, and all such proceedings if
commenced shall be stayed];
75[(v) for partitioning or sub-dividing in any manner; ]
76[(b) no person shall transfer any land in respect of which a notice has been
given under sub-section (1) of section 15A to the land owner concerned,
except with the previous permission in writing given by the
Consolidation Officer in such circumstances and subject to such
conditions as may be prescribed.]
28. Every owner to whom a holding is allotted in pursuance of a scheme of
consolidation shall
77[save as otherwise provided in section 29A], have the same
rights in such holding as he had in his original holding :
Provided that nothing in this section shall apply to any person to whom a holding
has been allotted under the provisions of sub-section (4) of section 21.
29. (1) If the holding of a own er included in a scheme of consolidation which
has come into force under section 22 is burdened with a 78[* * *]
mortgage, debt or other encumbrance 79[other than a lease] such [* *
*] mortgage, debt or other encumbrance shall be transferred therefrom
and attach itself to the holding allotted to him under the scheme or to
such part of it as the Consolidation Officer may, subject to any rules
made under section 37, appoint; and the 80[* * *] mortgagee,
creditor or other encumbrancer, as the case may be , shall exercise his
rights accordingly.
(2) If the holding to which a 81 [* * *] mortgage, debt or other
encumbrance is transferred under sub-section (1) is of less market value
than the original holding from which it is transferred the 82 [* * *]
mortgagee, creditor or other encumbrancer, as the case may be, shall
subject to the provisions of section 30 be entitled to the payment of
Stay of 69[Certain
proceedings];ban on
transfer of land during
continuance of
consolidation
proceedings.
Bom. V of
1979.
Bom. VII
of 1925.
Bom.
XXVII of
1947.
Sau. Act.
XXI of
1954.
Rights in
holdings.
Transfer
of
encumbra
nces.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
such compensation by the owner of the holding, as the case may
require, as the Consolidation Officer may determine.
(3) Notwithstanding anything contained in section 21, the Consolidation
Officer shall, in the prescribed manner, put any 82 [* * *] mortgagee or
other encumbrancer entitled to possession into possession of the
holding to which his 81[* * * *] mortgage or other encumbrance
has been transferred under sub-section (1).
83[29A. (1) If the holding of an owner included in a scheme of consolidation which
has come into force under section 2 2 is burdened with a lease, the
Consolidation Officer shall by an order in writing determine whether
such lease shall or shall not be transferred therefrom. A copy of the
order passed by the Consolidation Officer under this sub -section shall
be affixed to a place near the holding and shall also be published in the
prescribed manner.
(2) If the Consolidation Officer determines that such lease shall be
transferred from the original holding it shall attach itself to the holding
allotted to the owner under the scheme or such part of it as the
Consolidation Officer may, subject to any rules made under section 37,
appoint and the lessee shall exercise his rights accordingly. The
provisions of sub -sections (2) and (3) of section 29 shall apply to such
lease as if the lease were a mortgage or other encumbrance.
(3) If the Consolidation Officer determines that such lease shall not be
transferred from the original holding it shall remain attached thereto,
and the owner to whom such holding is allotted under the schem e shall
hold it subject to such lease; and the provisions of the
84[relevant
tenancy law], shall, so far as may be, notwithstanding the change in the
ownership, apply to such lease; and the rights and liabilities of such
owner and the lessee shall be gover ned by the provisions of the 85[said
law] as between the landlord and his tenant :
Provided that such owners shall not be entitled to arrears of rent due under such
lease immediately before the allotment of the holding as aforesaid.
(4) An appeal against the decision of the Consolidation Officer under this
section shall die to the Settlement Commissioner within the prescribed
time.]
30. Where there is a dispute in respect of the apportionment of-
(a) the amount of compensation determined under sub -section (2) of
section 16 or sub-section (4) of section 17;
86(aa) the amount of compensation determined under section 18;]
87(b) the net value realized or payable under sub -section (4) or (5) of section
21;]
(b) the total amount of compensation determined under sub -section (2) of
section 29,
Consolidati
on Officer
to decide
whether
lease
should be
transferred
or not.
Apportionment
of
compensation
or net value in
case of dispute.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
the Consolidation Officer shall refer the dispute to the decision of the District Court and
deposit the amount of the compensation or net value, as the case may be, in the Court
and thereupon the provisions of sections 33, 53 and 54 of the Land Acquisition Act,
1894, 88[89[or, as the case may be, ] the said provisions of that Act as applied to the
Saurashtra area by the Land Acquisition Act, 1894 (Adaptation and Application)
Ordinance, 1948
90[ * * * * ] shall, so far as may, apply.;
91[31. 92[(1)] Notwithstanding anything contained in any law for the time being in
force, no holding allotted under this Act, nor any part thereof, shall be-
(a) transferred, whether by way of sale (including sale in execution
of a decree of a Civil Court or for recove ry of arrears of land
revenue or for sums recoverable as arrears of land revenue) or
by way of gift, exchange, or lease, or otherwise, except in
accordance with such conditions as may be prescribed ;
(b) sub-divided (including sub-division by a decree or order of a Civil
Court or any other competent authority) except with the
permission in writing of the 99[collector].
93(2) Nothing in sub-section (1)-
(a) shall apply to a transfer of a holding allotted under this Act
where the transfer is of the entire holding, not involving any
sub-division thereof, or to a sub -division of a holding allotted
under this Act where such sub-division is made to provide for the
shares of persons entitled thereto on the death of the owner,
and does not create any fragment ; or
(b) shall be deemed over to have applied to a transfer of a holding
allotted under this Act, made after the 19 th February, 1969, but
before the date of the commencement of the Bombay
Prevention of Fra gmentation and Consolidation of Holdings,
(Gujarat Amendment) Act, 1978 (hereinafter referred to as “the
said date”, where such transfer was of an entire holding not
involving any sub -division thereof and the transferee or his
successor-in-interest was occ upying or was in possession of the
holding so transferred immediately before the said date and had
not been evicted from such holding before the said date in
pursuance of an order of eviction passed by the Collector under
sub-section (3) of section 9, and such transfer shall not be, and
shall be deemed never to have been, void on the ground that it
was contrary to the provisions of this section.
(3) Where in respect of any holding to which clause (b) of sub-section (2)
applies an order for payment of fine by the owner transferring such
holding was made by the Collector under sub-section (2) of section 9, or
an order for eviction was made under sub -section (3) of section 9 but
such order was not given effect to, such order shall be deemed to have
become ineffective on the said date and the fine, if paid by the owner,
shall be refunded to him. Any revision proceedings pending against any
such order which becomes ineffective under this sub -section shall
abate.]
I of 1894.
Sau Ord.
XXI of
1948.
Restrictions
on alienation
and
subdivision of
consolidated
holdings.
Bombay Prevention of Fragmentation and
Consolidation of Holdings Act,1947
[1947 : Bom .LXII
95[31A. If, after a scheme has come into force, it appears to the Settlement
Commissioner that the scheme is defective on account of any clerical or
arithmetical mistake or error arising therein from any accidental slip or omission
and he is sati sfied that the correction of such mistake or error would not vary
the scheme in any material particular, he may by order in writing correct such
mistake or error and publish his order in his prescribed manner. ]
32. (1) If after a scheme has come into force it appears to the
96[State]
Government that the scheme is defective on account [of any error
97[other than that referred to in section 31A], irregularity or informality
the 96[State] Government shall publish a draft of such variation in the
prescribed manner. The draft variation shall state every amendment
proposed to be made in the scheme.
(2) Within one month of the date of publication of the draft variation any
person affected thereby may communicate in writing any objection to
such variation to the
96[State] Government through the Settlement
Commissioner.
(3) After receiving the objections under sub -sections (2) the 96[State]
Government may, after making such enquiry as i t may think fit, 98[ *
* * ] make the variation with without modification or may not make
any variation.
99[(3A) If the scheme is varied under sub -section (3), a notification stating that
the scheme has been varied shall be published in the Official Gazette
and the scheme so varied shall be published in the prescribed manner in
the village or villages concerned.]
(4) From the date of the notification
100[stating that the scheme has been
varied] the variation shall take effect as if it were incorporated in the
scheme.
33. A scheme for the consolidation of holdings confirmed under this Act may at any
time be varied or revoked by a subsequent scheme prepared, published and
confirmed in accordance with this Act.
CHAPTER V
GENERAL
34. The
Excerpt shown. Open the full act in Lexace.