MAHARASHTRA PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947

Act, No. 62 of 1947

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 agricultural holdings for the purpose of the better cultivation thereof; It is hereby enacted as follows :-

Read full Act

S.1 Short title, extent and commencement

Substituted by Maharashtra (Change of Short Titles of Certain Bombay Acts) Act, 2011, for the followings:- "BOMBAY PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT"

(1) This Act may be called the 5[Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act], 1947.

1[(2) It extends 2 to the whole of the 3[State of Maharashtra].

(3) It shall come into force in such areas and on such date as the 4 [State] Government may by notification in the Official Gazette direct.

1. This sub-section was substituted for the original by Bom. Act 61 of 1958, Sec. 3(1).

2. The Act was extended to that part of the State of Bombay to which immediately before the commencement of Bom. Act 61 of 1958, it did not extend (vide Bom. Act 61 of 1958, Sec. 2).

3. These words were substituted for the words "State of Bombay" by the Maharashtra Adaptation of Laws (State

S.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 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 under section 15 by the 1[State] Government and includes any person authorised by the 1[State] Government to perform all or any of the functions of the Consolidation Officer under this Act;
• 2[(3-A) "Co-operative Society" means a Co-operative Society registered or deemed to be registered under the 19[the Gujarat Cooperative Societies Act, 1961 (Guj. 10 of 1962)]. 4[** *]
• (4) "Fragment" means a plot of land of less extent than the appropriate s
  

S.3 Determination of local area

The 1[State] Government may, after such inquiry as it deems fit, by notification in the Official Gazette, specify a village, mahal or taluka or tahsil or any part thereof as a local area for the purposes of this Act.

1. Ins. by Bom. Act 61 of 1958, Sec. 3(4).

S.4 Settlement of standard areas

(1) The State Government may, after such inquiry as it deems fit and after consultation with the District Advisory Committee 1 [ 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 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.

1. These words were inserted by Bom. Act, 61 of 1958, Sec. 3(4).

S.5 Determination and revision of standard areas

(1) The 1[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 1[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 1[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).

1. Substituted by the Adaption of Laws Order, 1950, for "Provincial".

S.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 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 State Government may prescribe.

(2) Notice of every entry made under sub-section (1) shall be given in the manner 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 and elsewhere, under the relevant Code,] of an entry in the register of mutations.

1. These words were substituted for the words and figures "under the Bombay Land Revenue Code, 1879" by the Adaptions of Lawly Order, 1950, s. 3(5).

S.7 Transfer and lease of fragments

4[(1) Any fragment in respect of which a notice has been given under sub-section (2) of section 6 may be transferred to any agriculturalist as defined in relevant tenancy law: Provided that if such fragment is transferred to the owner of a contiguous survey number or recognised sub-division of a survey number, then such fragment shall be consolidated:]

(2) Notwithstanding anything contained in 3[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.

1. These words were substituted for the words "unless thereby the fragment becomes merged in" by Bom. 69 of 1953, s. 3(2).

2. This proviso was added by Bom. 69 of 1953, s. 3(2).

3. These Words, were substituted for the words and figures "the Bombay Tenancy Act, 1939" by Bom. 61 of 1958, s. 3(6).

4. Substituted

S.8 Fragmentation prohibited

No land in any local area shall be transferred or partitioned so as to create a fragment.

S.8AA Restriction on partition of land

1[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 Court or the Collector, the following 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. 2[* * *] 3[* * **]
• (b) If, in effecting a partition, it is found that there is no
  

S.8A Sections 7 and 8 not to apply to transfer for public purpose

1[8 A. Sections 7 and 8 not to apply to transfer for public purpose

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.]

1. Section 8A was inserted by Bom. 69 of 1953, s. 4.

2. The figures, word and letter were substituted for the word and figure "and 8" by Bom. 61 of 1958 S. 3(8).

S.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.

4[(2) The owner of any land so transferred or partitioned shall be liable to pay the fine of rupees five thousand or ten per cent. of the market value of the land, whichever is more, for the urban area as the Collector may direct; and rupees two thousand or ten per cent. of the market value of the land, whichever is more, for the remaining area. Such fine shall be recoverable as an arrears of land revenue.]

3[(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.]

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2. These words were added by Bom. 69 of 1953, s. 5(1).

S.10 Transfer of fragment to Government

10 . Transfer of fragment to 1[Government]

(1) Any owner of a fragment may transfer it to the 2[state Government] on 3[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 2[State Government] free from all encumbrances 6[***]

(2) Any such fragment may be disposed of in accordance with the provisions of section 117B of the Bombay Land Revenue Code, 1879 * 5[or section 158 of the Madhya Pradesh Land Revenue Code, 1954 * or as the case may be, may be disposed, of as unoccupied land under the provisions of the Hyderabad Land Revenue Act, 1317 Fasli.]

1. This word was submitted for the word "Crown" by the Adaptation of Laws Order, 1950.

2. These words were substituted for the words "Crown for the purposes of the Province" by the Adapta

S.11 [Deleted]

[Partition of estate assessed to payment of revenue to Government or separation of share thereof]

Deleted by Bom. LXI of 1958, s. 3(10).

S.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. 1 [* **] 2 [* * *]

1. 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 Maharashtra Adaptation of Laws(State and Concurrent Subjects) Order, 1960.

2. The words "or as the case may be section 18 (including the last paragraph) of the Hyderabad Land Acquisition Act, 1309 Fasli" were deleted by Mah. 19 of 1966, s. 4.

S.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 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,".

1[(2) In the Hyderabad Land Revenue Act, 1317 Fasli 2 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 "subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947" shall be inserted.

(3) In the Madhya Pradesh Land Revenue Code, 1954 2, 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."]

1. Section

S.14 Fragment not be sold at Court sale or created by such sale

1[14 . Fragment not 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 sale held under the orders of any Court except to 2[any agriculturalist as defined in relevant tenancy law] and no land shall be sold at such sale so as to leave a fragment].

1. This section was substituted for the original by Bom. 9 of 1953, s. 6.

2. Substituted by Bombay Prevention of Fragmentation and Consolidation of Holdings (Gujarat Amendment) Act, 2011, for the following:- "the owner of a contiguous survey number or recognized sub-division of a survey number".

S.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 holdings in any village, mahal, 1[taluka or tahsil] or any part thereof for the purpose of better cultivation of lands therein, the 2[State] Government may 3[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 me 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 2[State] Government may appoint a Consolidation Officer who shall proceed to prepare 4[* * *] a scheme for the consolidation of holdings in such village or villages or part thereof, as the case may be 5[in the manner hereinafter provided.]

1. These words were substituted for the words "or taluka" by Bom. 61 of 1958, s. 3(13).

2. This wor

S.15A Preparation of scheme and principles to be followed in its preparation

1[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 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 prescribe 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.

1. Inserted by Bom. Act 61 of 1958.

S.16 Scheme to provide for compensation

(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 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. 1[* * *] 2[* * *]

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) Orders Order, 1960.

2. The words "or as the case may be, section 18 (including the last paragraph) of the Hyderabad Land Acquisition

S.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 in 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 right, 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

S.18 Land reserved for public purpose

1[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 cease to be so assigned and to assign any other land in its place;
• (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 subsection (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 o

S.19 Publication of draft scheme and of amended draft scheme

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 villages concerned. Any person likely to be affected by such scheme, may, within thirty days of the date of 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 Consolidation Officer any objections relating to the amended draft scheme.

(3) (a) Where no objections are received to the draft

S.20 Confirmation of draft scheme or amended draft scheme

1[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 after 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 mistakes or error arising from accidental slip or omission, approves of the draft scheme, or, as the case may be, amended draft scheme, he shall confirm it.

(2) If the Settlement Commissioner does not approve of the draft scheme or the amended draft scheme forwarded by the Consolidation Officer and considers it necessary 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 affecte

S.21 Enforcement of scheme

1[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 holdings to which they are entitled under the scheme and for doing so may, in the prescribed manner evict any person from any lan

S.22 Coming into force of scheme

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.

S.23 Certain laws no ban on transfer of holdings

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.

S.24 Certificate of transfer

(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 1[sub-section (6)] 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.

2[The Consolidation Officer may, thereupon, cause to be prepared a new record of rights in respect of the holdings so transferred and the record of rights so prepared shall be deemed to have been prepared in the Hyderabad area of the State under the Hyderabad Record of Rights in Land Regulation, 1358, Fasli, and elsewhere 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.

1. The word, brakets and figure were sub

S.25 Loans to assist consolidation

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.

S.26 Exercise by Consolidation Officer of powers under certain Acts

(1) During the continuance of the consolidation proceedings the Consolidation Officer shall exercise and discharge the functions of a revenue officer under Chapter IX of the Bombay Land Revenue Code, 1879 1 2[or under Chapter X of the Madhya Pradesh Land. Revenue Code, 1954 1, or as the case may be, under Chapter VIII of the Hyderabad Land Revenue Act, 1317 Fasli 1,] the Mamlatdars' Courts Act, 1906, and the 3[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 4[for which a notice under section 15A has been given].

(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 187
  

S.27 Stay of certain proceedings; ban on transfer of land during continuance of consolidation proceedings

27. Stay of 1[certain proceedings]; ban on transfer of land during continuance of consolidation proceedings

When a Consolidation Officer proceeds to prepare a scheme under section 15, during the continuance of the consolidation proceedings-

• 2[(a) no proceedings,-
• (i) under section 153 or 155 of the Bombay Land Revenue Code, 1879 3;
• 4(ia) under section 120 or section 124 of the Hyderabad Land Revenue Act, 1317 Fasli 3;
• (ib) under section 135 of the Madhya Pradesh Land Revenue Code, 1954] 3;
• 5[(ii) for execution of any award made or deemed to be made under the 13[the Gujarat Co-operative Societies Act, 1961]]
• (iii) for execution of any award made under the Bombay Agricultural Debtors' Relief Act, 1947 or 7[under the Hyderabad Agricultural Debtors' Relief Act, 1956;]
• 8[* * *]
• 9[(iiia)
  

S.28 Rights in holdings

Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall 1[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 2[sub-section (6)] of section 21.

1. Inserted by Bom. Act 69 of 1953, Sec. 9.

2. These words, brackets and figures were substituted for the words, brackets and figure "sub-sec. (4)" by Mah. 19 of 1966 S. 10.

S.29 Transfer of encumbrances

(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a 1[* * *] mortgage, debt or other encumbrance 2[ other than a lease] such 1[* * *] 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 if as the Consolidation Officer may, subject to any rules made under section 37, appoint; and the 3[* *] mortgagee, creditor or other incumbrancer, as the case may be, shall exercise his rights accordingly.

(2) If the holding to which a 1[***] mortgage, debt or other encumbrance is transferred under section (1) is of less market value than the original holding from which it is transferred the 3[* * * ] mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensa

S.29A Consolidation Officer to describe whether lease should be transferred or not

1[29A. Consolidation Officer to describe whether lease should be transferred or not

(1) If the holdings of an owner included in a scheme of consolidation which has come into force under section 22 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 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 wer

S.30 Apportionment of compensation or net value in case of dispute

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;
• 1[(aa) the amount of compensation determined under section 18;
• 2[(b) the amount of additional compensation or reduction in compensation determined under sub-section (4), or the net value realised or payable under sub-section (6) or (7) of section 21];
• (c) the total amount of compensation determined under sub-section(2) of section 29, the Consolidation Officer shall refer the dispute to the decision of the District Court and deposite the amount of the compensation or net value, as the case may be, in the Court and there upon the provisions of sections 33, 53 and 54 of the Land Acquisation Act, 1894, 3[* * *] 4[* *] shall, so far as may, apply.

1. Inserted by Bom. Act 61 of 1958, Sec. 3(20).

2. Su

S.31 Restrictions on alienation and sub-division of consolidated holdings

2[31. Restrictions on alienation and subdivision of consolidated holdings.

Notwithstanding anything contained in any law for the time being in force, no holding allotted under this Act shall be transferred contrary to the provisions of section 8 of this Act.]

1. This Section was substituted for the original by Mah. 41 of 1977 s. 2.

2. Substituted by Bombay Prevention of Fragmentation and Consolidation of Holdings (Gujarat Amendment) Act, 2011, for the followings:- " 1[31 . Restrictions on alienation and subdivision of consolidated holdings (1) Notwithstanding anything contained in any law for the time being in force, no holding allotted under this Act, nor any part thereof shall save as otherwise provided in this section - (a) be transferred, whether by way of sale (including sale in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue) or by way of gift, exc

S.31AA Validation of certain transfers, partitions and sub-divisions made before 15th November 1965

1[ 31 AA. Validation of certain transfers, partitions and sub -divisions made before 15 th November 1965

The transfers or partitions or sub -divisions of any land in contravention of the provisions of this Act, made before the 15 th day of November 1965 , sh all, notwithstanding the provisions of section 9 or of section 31 , not be deemed void mere ly on the ground of the contravention of any of the provisions of this Act, if the person in possession of the land at the aforesaid date by virtue of any transfers or partitions or sub -divisions or purported transfers or partitions or sub -divisions pays to the State Government within the prescribed period a penalty equal to one per cent of the consideration of the land transferred, partitioned or sub -divided, or Rs. 100 , whichever is less : Provided that, if such transfer is made in favour of a tenant in actual possession of the land transferred or of a person in actual possession of a contiguous holding the penalt

S.31AB Validation of certain transfers or sub-divisions made on or after 15th November. 1965 and before commencement of Mah. XLI of 1977

1[ 31 A B . Validation of certain transfers or sub -divisions made on or after 15 th November. 1965 and before commencement of Mah. XLI of 1977

(1) No transfer or sub -division of any land in contravention of section 31 as it stood immediately before the date of commencement of the B ombay Prevention of Fragmentation and Consolidation of Holdings (Amendment) Act, 1977 , made on or after the 15 th day of November 1965 and before the date of such commencement sh all be deemed to be void or ever to have become void mere ly on the ground that such transfer or sub -division is effected in contravention of the provisions of that section as it stood before such commencement and sh all be deemed to be valid if such transfer or sub -division is in accordance with the provisions of section 31 as sub stituted by the said Act.

(2) For the purposes of this section a certificate granted by the Collector after holding such inquiry as he deems fit, that any transfer or sub

S.31A Correction of clerical and arithmetical mistakes in scheme

1[ 31 A. Correction of clerical and arithmetical mistakes in scheme

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 satisfied that the correction of such mistake or error would not vary the scheme in any material particular, he may by ord er in writing correct such mistake or error and publish hi s ord er in the prescribed manner.]

1. This section was inserted by B om. 33 of 1956 , s. 5

S.32 Power to vary scheme on ground of error, irregularity, informality

(1) If after a scheme has come into force it appears to the 1[Settlement Commissioner] that the scheme is defective on account of an error 2[other than that referred to in section 31 A)], irregularity or informality the 1[Settlement Commissioner] 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 communicate in writing any objection to such variation to the 3[Settlement Commissioner].

(3) After receiving the objections under sub-section (2) the 1[Settlement Commissioner] may, after making such enquiry as 4[he may] think fit, 5[* * *] make the variation with or without modification or may not make any variation.

6[(3A) If the scheme is varied under sub-section (3), a notification st

S.33 Power to vary or revoke scheme

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.

S.33A Power of State Government to revoke confirmed scheme

1[ 33 A. Power of State Government to revoke confirmed scheme

(1) The State Government may at any time, by notification in the Official Gazette, revoke a scheme which has been confirmed, if no person has entered into possession of any holding allotted to hi m under the scheme and thereupon, the amount of compensation paid or received, if any, by any person in respect of such scheme sh all be referred within such reasonable period as may be prescribed.

(2) If any person fails to refund the amount in accordance with sub -section (1), it sh all be recovered from hi m as an arrear of land revenue.]

1. Section 33 A was inserted by Mah, 31 of 1964 , s. 4 .

S.Chapter IV-A POWERS AND PROCEDURE OF CONSOLIDATION OFFICERS

S.33B Right of entry

For the purpose of preparing or enforcing any scheme or otherwise, for carrying out the objects of this Act, a Consolidation Officer or any person duly authorised by him may, after giving such notice as may be prescribed, to the owner or occupier or other person interested in any land, enter upon and survey such land or erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for such purposes.

S.33C Power to summon persons to give evidence and produce documents

(1) The Consolidation Officer shall have power to summon any person whose attendance he considers necessary either to be examined as a party or to give evidence as a witness, or to produce documents for the purpose of any inquiry connected with the preparation or enforcement of any scheme under this Act.

(2) All persons so summoned shall be bound,-

• (a) to attend, either in person or by an authorised agent, as the Consolidation Officer may direct in the summons;
• (b) to state the truth upon any subject respecting which they are examined or make statements; and
• (c) to produce such documents and other things as may be required by the Consolidation Officer in connection with inquiry.

S.33D Form of summons and mode of serving it

(1) Every summons shall be in writing, in duplicate, and shall state the purpose for which it is issued, and shall be signed by the Consolidation Officer issuing it, and if he have a seal, shall also bear his seal.

(2) Such summons shall be served by tendering or delivering a copy of it to the person summoned or, if he cannot be found, by affixing a copy of it to some conspicuous part of his usual residence. If his usual residence is in another district, the summons may be sent by post to the Collector of that district, who shall cause it to be served as aforesaid.

S.33E Penalty for not complying with summons

The Consolidation Officer shall have power to impose a fine not exceeding twenty-five rupees on any person who, without sufficient cause, fails to comply with the directions given in the summons issued by him : Provided that, no fine shall be imposed under this section unless such person was summoned to attend or produce any documents within the limits of the village in which such person ordinarily resides or holds or cultivates land. Such fine shall be recoverable as an arrear of land revenue.

S.34 Vesting of powers of Settlement Commissioner

1[ 34 . Vesting of powers of Settlement Commissioner

The State Government may, by notification in the Official Gazette, invest the Collector within the limits of hi s jurisdiction, or an officer above the rank of a Consolidation Officer either generally or in respect of any specified local area, with all or any of the powers of the Settlement Commissioner under this Act.]

1. Section 34 was sub stituted for the original by Mah. 19 of 1966 s. 10 .

S.34A Constitution of village committees

1[ 34 A. Constitution of village committees

(1) The village committee sh all be constituted by the Consolidation Officer in the prescribed manner and it sh all discharge and perform, in addition to the duties and functions imposed or assigned by this Act, such other duties and functions as may be prescribed for the purposes of this Act.]

(2) Where at any time the Collector is satisfied that the village 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 other wise expedient or necessary to do so he may by notification in the Official Gazette either reconstitute, for the purposes of this Act, the village committee in accordance with the provisions of sub -sections (1), or appoint some other authority to perform th

S.35 Power of State Government or Commissioner to call for proceedings

35 . Power of 1[State] Government 2[or Commissioner] to call for proceedings

The 1[State] Government 2[or the Commissioner] in respect of such matters as the State Government may by general or special order specify in this behalf may at any time for the purpose of satisfying itself 2[or himself as the case may be,] as to the legality or propriety of any order passed by any officer under this Act call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it or 3[he, as the case may be,] thinks fit: Provided that no order shall be varied or revised until the parties interested have been given a reasonable opportunity of showing cause against the proposed variation or revision of the order.

1. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950 .

2. Substituted in accorda

S.36 Appeal and revision

Expect as provided in this Act, no appeal or revision application shall lie from any order passed under Chapter II, III or IV of this Act.

S.36A Bar of jurisdiction

1[ 36 A. B ar of jurisdiction

(1) No Civil Court or Mamlatdar's Court sh all have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the State Government or any officer or authority.

(2) No ord er of the State Government or any such officer or authority made under this Act sh all be questioned in any Civil, Criminal or Mamlatdar's Court]

1. Sections 36 A, 36B and 36 C were inserted B om. 61 of 1958 , 3 ( 23 ).

S.36B Suits involving issues required to be decided under this Act

(1) If any suit instituted in any Civil Court or Mamlatdar's Court involves any issues which are required to be settled, decided or dealt with by any authority competent to settle, decide or deal with such issues under this Act (hereinafter referred to as the 'competent authority') the Civil Court or Mamlatdar's Court shall stay the suit and refer such issues to such competent authority for determination.

(2) On receipt of such reference from the Civil Court or Mamlatdar's Court, the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court or Mamlatdar's Court and such Court shall thereupon dispose of the suit in accordance with the procedure applicable thereto.

S.36C Indemnity

No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.

S.37 Rules

(1) The 1[State] Government may by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the 1[State] Government may make rules, providing for -

• (a) the manner of publication under sub -section (2) of section 4 ;
• (b) the manner of giving public notice under sub-section (3) of section 5 ;
• (c) village records in which fragments sh all be entered under sub -section (1) of section 6 ;
• 2[(cc) the manner of choosing by lot under clause (b) of sub-section (2) of section 8 AA];
• (d) the manner in which the intention to make a scheme sh all be published 3[* * *] under section 15 ;
• 4[(dd) the statements, records and maps to be included in the scheme of consolidation and the procedure and other matters to be observed in the preparation of the scheme under se
  

S.38 Repeals and savings

1[38. Repeals and savings

On the commencement of this Act in that part of the 2[State of Bombay] to which it is extended by the Bombay Prevention of Fragmentation and Consolidation of Holdings (Extension and Amendment) Act, 1958, the following provisions shall be repealed, namely :-

• (i) the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956;
• (ii) Chapter II of the Saurashtra Fragmentation and Regulation of Holdings Act, 1954;
• (iii) Chapter XVI of the Madhya Pradesh Land Revenue Code, 1954:

Provided that such repeal shall not affect,-

• (a) the previous operation of any law so repealed, or anything duly done or suffered thereunder; or
• (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
• (c) any penalty incurred in respect of anything done against any law so repealed;

and any investigat