LexThe Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1947 : LXII] 1
THE MAHARASHTRA PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDINGS ACT
[Text as on 10th September 2025]
——————
CONTENTS
PREAMBLE.
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 areas.
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.
8B. Sections 7, 8 and 8A not to apply to land situated in certain areas.
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 section 117A and 117B of Bom. V of 1879.
14. Fragment not to be sold at Court sale or created by such sale.
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. Schemes to provide for compensation.
17. Amalgamation of public road, etc., within scheme for consolidation of holdings.
18. Land reserved for public purpose.
19. Publication of draft scheme and of amended draft scheme.
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20. Confirmation of draft scheme or amended draft scheme.
21. Enforcement of scheme.
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 proceeding; ban on transfer of land during continuance of consolidation
proceedings.
28. Rights in holdings.
29. Transfer of encumbrances.
29A. Consolidation officer to decide whether lease should be transferred or not.
30. Apportionment of compensation or net value in case of dispute.
31. Restrictions on alienation and sub-division of consolidated holdings.
31AA. Validation of certain transfers, partition s and sub-divisions made before 15th November
1965.
31AB. Validation of certain transfers of sub-divisions made on or after 15 th November 1965 and
before commencement of Mah. XLI of 1977.
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.
33A. Power of State Government to revoke confirmed scheme.
CHAPTER IV-A
POWERS AND PROCEDURE OF CONSOLIDATION OFFICERS
33B. Right of entry.
33C. Power to summon persons to give evidence and produce documents.
33D. Form of summons and mode of serving it.
33E. Penalty for not complying with summons.
CHAPTER V
GENERAL
34. Vesting of powers of Settlement Commissioner.
34A. Constitution of Village Committees.
35. Power of State Government or Commissioner to call for proceedings.
1947 : LXII] The Maharashtra Prevention of Fragmentation and 3
Consolidation of Holdings Act
36. Appeal and revision.
36A. Bar of jurisdiction.
36B. Suits involving issues required to be decided under this Act.
36C. Indemnity.
37. Rules.
38. Repeals and savings.
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Consolidation of Holdings Act
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Consolidation of Holdings Act
LIST OF AMENDMENT ACTS
1. Adapted and modified by the Adaptation of Laws Order, 1950.
2. Amended by Bom. 31 of 1951
3. Amended by Bom. 69 of 1953 (22-12-1953)
4. Amended by Bom. 33 of 1956
5. Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects)
Order, 1956.
6. Amended by Bom. 8 of 1958
7. Amended by Bom. 61 of 1958
8. Amended by Bom. 63 of 1959
9. Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent
Subjects) Order, 1960.
10. Amended by Mah. 31 of 1964
11. Amended by Mah. 19 of 1966
12. Amended by Mah. 41 of 1977
13. Amended by Mah. 2 of 2016 (1-1-2016)
14. Amended by Mah. 58 of 2017 (7-9-2017)
15. Amended by Mah. 5 of 2025 (15-10-2024)1
1 Maharashtra Ordinance No. XIV of 2024 was repealed by Mah. 5 of 2025, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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Consolidation of Holdings Act
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Consolidation of Holdings Act
ACT No. LXII OF 19471
[THE MAHARASHTRA PREVENTION OF FRAGMENTATION AND
CONSOLIDATION OF HOLDINGS ACT.]2
[This Act received the assent of the Governor General on the 17th January 1948; assent was first
published in the Bombay Government Gazette, Part IV, on the 29th January 1948.]
An Act to provide for the prevention of fragmentation of agricultural
holdings and for their consolidation.
WHEREAS it is expedient to prevent the fragmentation of agricultural holdings and to provide
for the consolidation of agricu ltural holdings for the purpose of the better cultivation thereof ; It is
hereby enacted as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. — (1) This Act may be called 3[the Maharashtra
Prevention of Fragmentation and Consolidation of Holdings Act].
4[(2) It extends to the whole of the 5[State of Maharashtra]].
(3) It shall come into force in such areas and on such date 6 as the 7[State] Government may by
notification in the Official Gazette direct.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,—
(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 hol dings 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 under section 15 by the
8[State] Government and includes any person authorised by the 9[State] Government to perform
all or any of the functions of the Consolidation Officer under this Act;
10[(3A) “Co -operative Society” means a co -operative society registered or dee med to be
registered under the 11[Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) ]
12* *;]
(4) “Fragment” means a plot of land of less extent than the appropriate standard areas
determined under this Act:
1 For Statement of Objects, see Bombay Government Gazette, 1946, Part V, Page 139, for Report of the Select Committee,
see ibid, 1947, Part V, page 195; for proceedings in Assembly, see Bombay Legislative Assembly Debates, 1947, Vols.
X and XI; and for proceedings in Council, see Bombay Legislative Council Debates, 1947, Vol. XIII.
2 This Act was extended to that part of the State of Bombay to which immediately before the commencement of
Bom. 61 of 1958 it did not extend (vide Bom. 61 of 1958, s. 2).
3 The short title was amended for “the Bombay Preventio n of Fragmentation and Consolidation of Holdings Act, 1947”
by Mah. 24 of 2012, Sch., entry No. 29, w.e.f. 1-5-1960.
4 This sub-section was substituted for the original by Bom. 61 of 1958, s. 3(1).
5 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
6 This Act came into force on the 1 st April 1959, Vide G. N., R. D., No. CON. 1058/17445 -M, Bombay Government
Gazette, Part IV-B, page 460, dated 17th March 1959.
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1960.
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1960.
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1960.
10 This clause was inserted by Bom. 69 of 1953, s. 2.
11 These words and figures were substituted for the words and figures “Bombay Co -operative Societies Act, 1925”
by Mah. 19 of 1966, s. 2(a).
12 The portion from “or that Act” t o “region of the State” was omitted by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
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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;
1[* *]
(8) “owner” means in the case of unalienated land the occupant 2[or tenure holder] and when
such lands has been mortgaged, owner means the mortgagors; in the case of alienated land ow ner
means the superior holder 3[* *]:
4[Provided tha t in the Hyderabad area of the 5[State of Maharashtr a], “owner” means a
person who has permanent and heritable right of possession of land, and when unalienated land
has been mortgaged, owner means the mortgagor;
6[* *]]
(9) “prescribed” means prescribed by rules made under this Act;
7[(9a) “relevant Code” means—
8[(a) in the Bombay area of the State of Maharashtra, the 9Bombay Land Revenue
Code, 1879 (Bom. V of 1879);]
(b) in the Vidarbha region of the 10[State of Maharashtra,] the Madhya Pradesh Land
Revenue Code, 1954 (M. P. II of 1955); and
(c) in the Hyderabad area of the 11[State of Maharashtra,] the Hyderabad Land
Revenue Act, 1317 Fasli (Hyd. Act VIII of 1317F);
(9b) “relevant tenancy law” means—
12[(a) in the Bombay area of the State of Maharashtra, the Bombay Tenancy and
Agricultural Lands Act, 1948 (Bom. LXVII of 1948);]
(b) in the Hyderabad area of the 13[State of Maharashtra], the Hyderabad Tenancy and
Agricultural Lands Act, 1950 (Hyd. Act XXI of 1950);
14[(c) in the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and
Agricultural Lands (Vidarbha Region) Act, 1953 (Bom. XCIX of 1958);]
15[* *]
(9c) “Settlement Commissioner” includes a Commissioner of Survey Settlement;]
1 Clause (7) was deleted by Bom. 61 of 1958, s. 3(2)(b).
2 These words were inserted by Bom. 61 of 1958, s. 3(2)(c).
3 The words “or Girasdar” were omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order,
1960.
4 This proviso was added by Bom. 61 of 1958, s. 3(2)(c).
5 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptatio n of Laws (State and
Concurrent Subjects) Order, 1960.
6 The Explanation was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 Clauses (9a) to (9c) were inserted by Bom. 61 of 1958, s. 3(2)(d).
8 Sub-clause (a) was substituted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
9 Now See the Maharashtra Land Revenue Code, 1966 (Mah. 41 of 1966).
10 These words were substituted for the words “State of Bombay” by the Maharashtra Ada ptation of Laws (State and
Concurrent Subjects) Order, 1960.
11 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
12 Sub-clause (a) was substituted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
13 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
14 Sub-clause (c) was substituted by Mah. 19 of 1966, s. 2(b).
15 Sub-clause (d) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
1947 : LXII] The Maharashtra Prevention of Fragmentation and 9
Consolidation of Holdings Act
(10) “standard area” in respect of any class of land means the area which the 1[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;
2[(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 3[relevant Code];
4[* *]
CHAPTER II
DETERMINATION OF LOCAL AND STANDARD AREAS AND TREATMENT OF FRAGMENTS
3. Determination of local areas.— The 5[State] Government may, after such inquiry as it deems
fit, by notification in the Official Gazette, spec ify a village, mahal or taluka 6[or tahsil] or any part
thereof as a local area for the purpose of this Act.
4. Settlement of standard areas. — (1) The 7[State] Government may, after such inquiry as it
deems fit and after consultation with the District Advisory Committee 8[or 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 9[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 un der
sub-section (1) and invite objections thereto.
5. Determination and revision of standard areas. — (1) The 10[State] Government shall, after
considering the objections, if any, received within three months of the date of publication of the
notification under sub-section (2) of section 4 in 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 11[State] Government may, at any time, if it deems it 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 12[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. Entry in the Record of Rights.— (1) On notification of a standard area under sub-section (3)
of section 5 for a local area al l 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 13[State] Government may
prescribe.
1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This clause was inserted by Bom. 61 of 1958, s. 3(2)(e).
3 These words were substituted for the words and figures “Bombay Land Revenue Code, 1879” by Bom. 61 of 1958,
s. 3(2)(f).
4 Clause (12) was omitted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6 These words were inserted by Bom. 61 of 1958, s. 3(4).
7 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
8 These words were inserted by Bom. 61 of 1958, s. 3(4).
9 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
12 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
13 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
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(2) Notice of entry made under sub -section (1) shall be given in the mann er prescribed for the
giving of notice 1[in the Hyderabad area of the State, under the Hyderabad Record of Rights in Land
Regulation, 1358 Fasli (LVIII of 1358F) and elsewhere, under the relevant Code], of an entry in the
register of mutations.
7. Transfer and lease of fragments. — (1) No person shall transfer any fragment in respect of
which a notice has been given under sub-section (2) of section 6 2[except to the owner of] a contiguous
survey number or recognised sub-division of a survey number:
3[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) Notwith standing anything contained in 4[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. Fragmentation prohibited.— No land in any local area shall be transferred or partitioned so
as to create a fragment.
5[8AA. Restriction on partition of land. — (1) Where, by transfer, decree, succession or
otherwise, two or more persons are entitled to shares in an undivided agricultural land in any local area
for which standard areas 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 Cou rt or the Collector, the follo wing procedure shall be
adopted :—
(a) If, in effecting a partition among several co-sharers, 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
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
(I of 1894).
6[* *]
7[* *]
(b) If, in effecting a partition, it is found that there is not enough land to provide for the
shares of all the co -sharers 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 and those to whom money
compensation should be given shall be chosen by lot in the manner prescribed.
(c) The compensation shall be payable by each 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 prescri bed 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 getting sharers of
land.
1 These words were substituted for the words and figures “under the Bombay Land Revenue Code, 1879” by Bom. 61 of
1958, s. 3(5).
2 These words were substituted for the words “unless thereby the fragment becomes merged in” by Bom. 69 of 1953,
s. 3(1).
3 This proviso was added by Bom. 69 of 1953, s. 3(2).
4 These words were substituted for the words and figures “the Bombay Tenancy Act, 1939” by Bom. 61 of 1958, s. 3(6).
5 Section 8AA was inserted by Bom. 61 of 1958, s. 3(7).
6 The words “or of that section in its application to the Saurashtra area of the State of Bombay under the Land Acquisition
Act, 1894 (Adaptation and Applicatio n) Ordinance, 1948” were omitted by the Maharashtra Adaptation of Laws
(State and Concurrent Subjects) Order, 1960.
7 The words “or as the case may be, section 18 of the Hyderabad Land Acquisition Act, 1309 Fasli” were deleted
by Mah. 19 of 1966, s. 3.
1947 : LXII] The Maharashtra Prevention of Fragmentation and 11
Consolidation of Holdings Act
(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 not getting land in proportion to their respective
shares.
(e) Where the parties agree upon any o ther 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 apportio nment 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 the provisions of
sub-section (2).
1[8A. Sections 7 and 8 not to apply to transfer for public pu rpose.— Nothing in sections 7,
2[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.]
3[8B. Sections 7, 8 and 8AA not to apply to land situated in certain areas. — Nothing in
sections 7, 8 and 8AA shall apply to the land situated within the limits of a Municipal Corporation or a
Municipal Council, or to the land situated within the jurisdiction of a Speci al Planning Authority or a
New Town Development Authority appointed or constituted under the provisions of the Maharashtra
Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or any other law for the time being in
force, and also to any land allocated to residential, commercial, industrial or any other non-agricultural
use in the draft or final Regional plan prepared under the Maharashtra Regional and Town Planning
Act, 1966 (Mah. XXXVII of 1966) or any other law for the time being in force:
Provided that, no person shall transfer any parcel of land situated in the areas specified above,
which has area less than the standard area notified before the date of coming into force of the
Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 2015
(Mah. II of 2016) , unless such parcel is created as a result of sub -division or layout approved by the
Planning Authority or the Collector, as the case may be, under the provisions of the Maharashtra
Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or any other law for the time being in
force.]
9. Penalty for transfer or partition contrary to provisions of Act. — (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 as the Collector may subject to the general orders of the 4[State] Government, direct.
5[Such fine shall be recoverable as an arrear of land revenue].
6[(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 operation of law, is void under the provisions
of this Act, may be summarily evicted by the Collector.]
7[Provided that, save as otherwise provided in section 31, the Collector may, upon an application
made in this regard, regularise a transfer or partition of a land contrary to the provisions o f this Act
made on or after 15 th day of November 1 965 and before the date of commencement of 8[the
Maharashtra Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 20 24
(Mah. V of 2025 )], if such land is alloca ted to residential, commercial, industrial, public or
semi-public or any non-agricultural use, in the prevailing draft or final Regional Plan; or is intended to
1 Section 8A was inserted by Bom. 69 of 1953, s. 4.
2 The figures, word and letters were substituted for the word and figure “and 8” by Bom. 61 of 1953, s. 3(8).
3 Section 8B was inserted by Mah. 2 of 2016, s. 2.
4 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5 These words were added by Bom. 69 of 1953, s. 5(1).
6 This sub-section was added by Bom. 69 of 1953, s. 5(2).
7 These provisos and Explanation were added by Mah. 58 of 2017, s. 2.
8 These words, brackets and figures were substituted for the words, brackets and figures “Maharashtra Prevention of
Fragmentation and Consolidation of Holdings (Amendment) Act, 2017” by Mah. 5 of 2025, s. 2(1).
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Consolidation of Holdings Act
be used for any bona fide non-agricultural user, subject to payment of regularisation premium 1[of five
per cent. of the market value of such land as per the Annual Statement of Rates]:
Provided further that, save as otherwise provided in section 31, if a transaction of transfer or
partition of land contrary to the provisions of this Act is regularised on the ground that the land would
be used for any bona fide non-agricultural use, then failure to start such bona fide non-agricultural use
within 5 years from the date of regularisation shall result in forfeiture of such land by the Collector.
Such land thereafter shall be first offered to the holder or occupant of a neighbouring contiguous
survey number or recognised sub-division of a survey number on payment of 50 per cent. of the market
value of such land as per the prevailing Annual Statement of Rates and three -fourth of the amount so
collected shall be paid to the defaulting person from whom such land was forfeited to the Government
and the remaining one-fourth of the amount so collected shall be credited into the Government account.
Where occupant of such neighbouring contiguous survey number or rec ognised sub-division refuses to
purchase the fragment, the fragment shall be auctioned by the State Government and the proceeds
thereof shall be divided between the defaulting person and the Government in the ratio of 3:1.
Explanation.— For the purpose of this sub -section, the term “Annual Statement of Rates” shall
mean the Annual Statement of Rates published under the provisions of the Bombay Stamp
(Determination of True Market Value of Property) Rules, 1995 or any other Rules for the time being in
force in this regard, prevalent in respect of the year in which the order of regularisation is issued by the
Collector or the year in which such premium is paid, whichever is later.]
10. Transfer of fragment to 2[Government].— (1) Any owner of a fragment may transfer it to
the 3[State Government] on 4[payment by the State Government] of such compensation to persons
possessing interest therein as the Collector may determine and thereupon the fragment shall vest
absolutely in the 5[State Govern ment] free from all encumbrances 6[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 117B of
the Bombay Land Revenue Code, 1879 (Bom. V of 1879) 7 8[or section 158 of the Madhya Pradesh
Land Revenue Code, 1954 (M. P. Act II of 1955) 9 or as the case may be, may be disposed of as
unoccupied land under the provisions of the Hyderabad Land Revenue Act, 13 17 Fasli (Hyd. Act
VIII of 1317 F)].
11. [Partition of estate assessed to payment to revenue of Government or separation of share
thererof .] Deleted Bom. LXI of 1958, s. 3(10).
12. Determination of compensation for purposes of section 10. — 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 (I of 1894). 10[* *] 11[* * *]
1 These words were substituted for the words and figures “ at such per centum not exceeding 25 per cent. of the market
value of such land as per the Annual Statement of Rates, as the Government may notify, from time to time, in the Official
Gazette” by Mah. 5 of 2025, s. 2(2).
2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “Crown for the purposes of the Province” by the Adaptation of Laws Order,
1950.
4 These words were substituted for the words “payment by the Crown” by the Adaptation of Laws Order, 1950.
5 These words were substituted for the words “Crown for the purposes of the Province” by the Adaptation of Laws Order,
1950.
6 This portion was added by Bom. 61 of 1958, s. 3(9)(a).
7 These Codes and Act were repealed by the Maharashtra Land Revenue Code, 1966, see section 336 of Mah. 41 of 1966.
8 This portion was added by Bom. 61 of 1958, s. 3(9)(b).
9 These Codes and Act were repealed by the Maharashtra Land Revenue Code, 1966, see section 336 of Mah. 41 of 1966.
10 The words “or 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” were omitted by the Ma harashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
11 The words “or as the case may be, section 18 (ex cluding the last paragraph) of the Hyderabad Land Acquisition Act,
1309 Fasli” were deleted by Mah. 19 of 1966, s. 4.
1947 : LXII] The Maharashtra Prevention of Fragmentation and 13
Consolidation of Holdings Act
13. Amendment of sections 117A and 117B of Bom. V of 1879. — 1[(1)] In sections 117A and
117B of the Bombay Land Revenue Code, 1879 (Bom. V of 1879) 2 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 (Bom. LXII of 1947)”.
3[(2) In the Hyderabad Land Revenue Act, 1317 Fasli (Hyd. Act VIII of 1317 F)4, in section 76,
after the words “Taluqdar may” and in sub -section (2) of section 89B, after the words “assessment of
plot numbers shall” the words and figures “S ubject to the provisions of the Bombay Prevention of
Fragmentation and Consolidation of Holdings Act, 1947 (Bom. LXII of 1947)” shall be inserted.
(3) In the Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955)5, the following shall
be inserted at the commencement of sub -section (1) of section 67, sub -section (1) of section 140, and
section 158, namely :—
“Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of
Holdings Act, 1947 (Bom. LXII of 1947)”].
6[14. Fragment not to be sold at Court sale or created by such sale. — Notwithstanding
anything contained in any law for the time being in force, no fragment, in respect of which a notice has
been given under sub -section (2) of section 6, shall be sold at any sal e held under the order of any
Court except to the owner of a contiguous survey number of 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
15. Government may of its own accord or on application declare its intention to make
scheme for consolidation of holdings. — With the object of consolidating h oldings in any v illage,
mahal, 7[taluka or tahsil] or any part thereof for the purpose of better cul tivation of l ands therein, the
8[State] Government may 9[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 village 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 publicatio n in the village concerned the 10[State]
Government may appoint a Consolidation Officer who shall proceed to prepare 11[* *] a scheme for the
consolidation of holdings in such village or villages or part thereof, as the case may be 12[in the manner
hereinafter provided].
13[15A. Preparation of scheme and principles to be followed in its preparation. — (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 the consolidation of holding which shall inc lude 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 prescribe in regard to the number of blocks in which th e
1 Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added by Bom. 61 of 1958, s. 3(12).
2 These Codes and Act were repealed by the Maharashtra Land Revenue Code, 1966, see section 336 of Mah. 41 of 1966.
3 Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added by Bom. 61 of 1958, s. 3(12).
4 These Codes and Act were repealed by the Maharashtra Land Revenue Code, 1966, see section 336 of Mah. 41 of 1966.
5 These Codes and Act were repealed by the Maharashtra Land Revenue Code, 1966, see section 336 of Mah. 41 of 1966.
6 This section was substituted for the original by Bom. 69 of 1953, s. 6.
7 These words were substituted for the words “or taluka” by Bom. 61 of 1958, s. 3(13)(a).
8 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
9 These words were inserted by Bom. 61 of 1958, s. 3(13)(b).
10 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
11 The words “in the prescribed manner” were deleted by Bom. 61 of 1958, s. 3(13)(c).
12 These words were added by Bom. 61 of 1958, s. 3(13)(d).
13 Section 15A was inserted by Bom. 61 of 1958, s. 3(14).
14 The Maharashtra Prevention of Fragmentation and [1947 : LXII
Consolidation of Holdings Act
village lands are to be grouped, the manner of allotting new plots to each owner, the recomme ndations
of the village committee and such other matters as may be prescribed.]
16. Scheme to provide for compensation. — (1) The scheme prepared by the Consoli dation
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 allotted a holding of greater market value than that of his 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 (I of 1894).
1[* *]
2[* *]
17. Amalgamation of public roads etc., within scheme for consolidation of holdings. —
(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 to that effect stating i n such declaration that it is
proposed that the rights 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.
(3) Any member of the public or any person having any interest or rights, in addition to the right
to 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 the 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 3[State] Government,
be final.
4[18. Land reserved for public purpose. — (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 ceas e to be so
assigned and to assign any other land in its place;
1 The words “or of sub-section (1) of that section in its application of the Saurashtra area of the State of Bombay under the
Land Acquisition Act, 1894 (Adaptation and Application) Ordinance, 1948” were omitted by the Maharashtra
Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 The words “or as the case may be, section 18 (excluding the last paragraph) of the Hyderabad Land Acquisition Act,
1309 Fasli” were deleted by Mah. 19 of 1966, s. 5.
3 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
4 Section 18 was substituted for the original by Bom. 61 of 1958, s. 3(15).
1947 : LXII] The Maharashtra Prevention of Fragmentation and 15
Consolidation of Holdings Act
(b) if in any area under consolidation no land is reserved for any public purpose including
extension of the village sites, or if the land so reserved is 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 covered by such cut at the market value 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 provisions of sub -section (1) of
section 23 of the Land Acquisition Act, 1894 (I of 1984)].
1[19. Publication of draft scheme and of amended draft scheme. — (1) When a scheme of
consolidation is ready for publication, the Consolidation Officer shall publish a draft thereof in the
prescribed manner in the village or village concerned. Any person likely to be affected by such
scheme, may, within thirty days of the date o f such publication, communicate in writing to the
Consolidation Officer any objections relating to the draft scheme.
(2) If any objections are received and after considering them, the Consolidation Officer considers
it necessary to amend the draft scheme, he shall amend the draft scheme and publish the amended draft
scheme as provided in sub-section (1). Any person likely to be affected by such amended draft scheme,
may, within thirty days of the date of such publication, communicate in writing to the Cons olidation
Officer any objections relating to the amended draft scheme.
(3) (a) Where no objections are received to the draft scheme published under sub-section (1) or to
the amended draft scheme published under sub -section (2), such draft scheme or amended draft
scheme,
(b) Where objections are received to the said draft scheme or amended draft scheme but the
Consolidation Officer does not consider it necessary to amend the said draft scheme or amended
draft scheme, such draft scheme or amended draft scheme, together with obj ections and his
remarks thereon,
(c) Where objections are received to the said amended draft scheme and after considering the
objections, the Consolidation Officer considers it necessary to amend further th e amended draft
scheme, such amended draft scheme as further amended together with the objections and his
remarks thereon,
shall be forwarded by the Consolidation Officer to the Settlement Commissioner for
confirmation.
20. Confirmation of draft scheme or amended draft scheme. — (1) If on receipt of a draft
scheme or an amended draft scheme under sub-section (3) of section 19, the Settlement Commissioner,
after considering the objections, if any, and the remarks of the Consolidation Officer thereon and af ter
being otherwise satisfied about the correctness of procedure followed by the Consolidation Officer and
the allotment of holdings, and compensation or about there being no clerical or arithmetical mistake or
error arising from accidental slip or omissio n, approves of the draft scheme, or, as the case may be
amended draft scheme, he shall confirm it.
(2) If the Settlement Commission does not approve of the draft scheme or the amended draft
scheme forwarded by the Consolidation Officer and considers it ne cessary to amend it, he shall further
amend it and publish it as amended in the prescribed manner in the village or villages concerned. Any
person likely to be affected by the draft scheme as so published may, within thirty days of the date of
such publication, communicate his objections in writing to the Settlement Commissioner.
(3) If no objections are received within the period specified in sub -section ( 2), the Settlement
Commissioner shall confirm the draft scheme as published under that sub-section. If any objections are
received within the said period, the Settlement Commissioner shall after considering the objections
1 Sections 19, 20 and 21 were substituted for the original by Mah. 19 of 1966, s. 6.
16 The Maharashtra Prevention of Fragmentation and [1947 : LXII
Consolidation of Holdings Act
confirm the draft scheme as published under sub -section (2) without any modifications therein or with
such modifications therein as he may consider necessary.
21. Enforcement of scheme. — (1) Upon the confirmation of any scheme under section 20, a
notification stating that the scheme has been confirmed shall be published by the Settlement
Commissioner in the Official Gazette, and the scheme as confirmed shall be published in the prescribed
manner in the village or villages concerned.
(2) Within one year from the date of publication of the notification in the Official Gazette, under
sub-section (1), the owners from whom compensation is recoverable under the scheme shall deposit the
amount of compensation in the prescribed manner.
(3) The Consolidation Officer shall from the commencement of the agricultural year next
following the date of publication of the notification in the Official Gazette, under sub-section (1) and in
the prescribed manner, put the owners in possession of the holding to which they are entitExcerpt shown. Open the full act in Lexace.