The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947

Act No. LXII 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 provide for the consolidation of agricultural holdings for the purpose of the better cultivation thereof; It is hereby enacted as follows :-

Read full Act

1 Short title, extent and commencement

(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 [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 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 17 by the ’[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;
• (3A) “Co-operative Society” means a co-operative society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925;[* * * * *;)]
• (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
  

3 Determination of local area

The 23[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.

4 Settlement of standard areas

(1) The 23[State] Government may, after such inquiry as it deems fit and after consultation with the District Advisory Committee *5[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 Determination and revision of standard areas

The 23[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 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 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 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 7[* * * 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 7*[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 2°[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.

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

(1) 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].

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 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 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[or, as the case may be, of that section) in its application to the Saurashtra area of the State of Bombay under the Land Acquisition Act, 1894 [Adaptation and Application)
  

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 at the Collector may, subject to the general orders of the **[State] Government, direct *’[Such fine shall be recoverable as an arrear of land revenue.]

(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.

10 Transfer of fragment to 42[ Government.]

(1) Any owner of a fragment may transfer it to the 39[State Government] on 40[ 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 (State Government] free from all encumbrances “[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 alt * FY],

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).

12 Determination of compensation for purpose 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 “[4[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 Acquisition Act, 1894 (Adaptation and Application) Ordinance, 1948,] “ * * * ]

13 Amendment of sections 117A and 117B of Bom. V of 1879

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[ *k ke Ok ] af x Oe ]

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 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.

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, %[taluka or tahsil] or any part thereof for the purpose of better cultivation of lands therein, the °2[State] Government may *[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.

15A

On such publication in the village concerned the 52[State] Government may appoint a Consolidation Officer who shall proceed to prepare ** * *ascheme for the consolidation of holdings in such village or villages or part thereof, as the case may be 55[in the manner hereinafter provided.]

16 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 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.

17 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 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 *’[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 *[ * * J.

18 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 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.

(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 day

19 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 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 value of the land at the date of the publication of the notification under section 15. Save as provided i

20 Publication of draft scheme

(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.

(2) Any person likely to be affected by such scheme, shall, within thirty days of the date of such 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. The Consolidation Officer shall also publish the scheme as amended by him.

21 Confirmation of scheme

(1) If within thirty days of its publication, no objections are 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.

If any objections are received to such 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 Government 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. 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 Sett
  

22 Right to possession of new holdings

(1) 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.

(2) If two 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 date of publication of the notification in the Official Gazette under sub-section (1). 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

23 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.

24 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.

25 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 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.

6s[The Consolidation 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 ©[ * * * J] under the relevant Code.] 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.

26 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.

27 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. of Fe eK KT, the Mamlatdar’s Courts Act, 1906, and the [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, *[* * * * *], the Mamlatdar’s Courts Act, 1906, and the “lrelevant tenancy law], in respect of any holding or land for the consolidation of which a notification has been issued under section 15 s
  

28 Stay of 69[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-

• 7[(a) 76[(b) no proceedings,-
  • (i) under section 153 or 155 of the Bombay Land Revenue Code, 1879;
  • nyt * n[(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 ] ; ra[* * F * * *] (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];
  • 7s[(v) for partitioning or sub-dividing in any manner; ]
  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
  

29 Rights in holdings

Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall ”[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.

29A Transfer of encumbrances

(1) If the holding of a owner included in a scheme of consolidation which has come into force under section 22 is burdened with a [* * *] mortgage, debt or other encumbrance [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 ®[* * *] mortgagee, creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly.

(2) If the holding to which a * [* * *] 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 2 [* * *] 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 compensation by the owner of the holding, as the case may require, as t

30 Consolidation officer to decide whether lease should be transferred or not

(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 lease, the Consolidation Officer shall by an order in writing determine whether such lease shall or shall not be transferred therefrom.

(2) 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.

(3) 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.

If the Consolidation Officer determines that su

31 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; 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,

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, **[8[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 [* * * * shall, so far as may, apply.

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

34 Vesting of Power of Settlement Commissioner

The [State] Government may, by notification in the Official Gazette investing the Collector with all or any of the powers of the Settlement Commissioner under this Act.

34A Constitution of Village Committees

(1) The village committee shall be constituted by the Consolidation Officer in the prescribed manner and it shall 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 otherwise 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-section (1), or appoint some other authority to perform the functions or discharge the duties of the village committee under th

35 Power of State Government to call for proceedings

The [State] Government may at any time for the purpose of satisfying itself 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 think 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.

36 Appeal or revision

Except 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.

36A Bar of jurisdiction

(1) No Civil Court or Mamlatdar’s Court shall 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 order of the State Government or any such officer or authority made under this Act shall be questioned in any Civil Criminal or Mamlatdar’s Court.

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.

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.

37 Rules

(1) The [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 [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 shall be entered under sub-section (1) of section 6;
• (d) The manner of choosing by lot under clause (b) of sub-section (2) of section 8AA;
• (e) the manner in which the intention to make a scheme shall be published under section 15;
• the statement, 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 section 15 A;
• the manner of publication under sub-section (2) of section 17 of a de
  

38 Repeals and savings

On the commencement of this Act in that part of the [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 investigation, proceedings or remedy in respect of any such r

S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement

(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. This sub-section was substituted for the origin by Bom. 61 of 1958. s. 3(1).

3. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws Order, 1960.

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

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 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 und
  

S.Chapter II DETERMINATION OF LOCAL AND STANDARD AREAS AND TREATMENT OF FRAGMENTS

S.3 Determination of local area

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.

23. This word was substituted for the word "Provincial" by the Adaptation of Laws Ordr, 1950.

24. These words were inserted, by Bom. 61 of 1958, s. 3 (4).

S.4 Settlement of standard areas

(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.

25. These words were insder by Bom. 61 of 1958, s. 3 (4).

S.5 Determination and revision of standard areas

(1) The 23[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 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).

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

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 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.

27. The words and figures "in the Hyderabad area of the State under the Hyderabad Record of Rights in Land Regulation, 1358, Fasli and elsewhere" were Omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

S.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 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.

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

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

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

31(1) Where, by transfer, decree, succession or otherwise, two or more persons are entitled to 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 Court 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 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 application to the Saurashtra area of the State of Bombay under the Land Acquisition Act, 1894 [Adap
  

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

34Nothing 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].

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

35. 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.

(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.]

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 operation of law, is void under the provisions of this Act, may be summarily evicted by the Collector.]

36. The word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

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

38. This sub-section was added, by bom. 69 of 1953, s. 5 (2).

S.10 Transfer of fragment to Government

(1) Any owner of a fragment may transfer it to the 39[State Government] on 40[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 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[* * *].

39. These words were substituted for the words "Crown for the purposes of the Province" by the Adaptation of Laws Order, 1950.

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 purpose 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 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 Acquisition Act, 1894 (Adaptation and Application) Ordinance, 1948,] 46[ * * * ]

44. These words were added, by Bom. 6 of 1958, 3 (11).

45. These words, brackets and figure were substituted for the words, brackets and figure "or of sub-section (1)" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

46. The portion beginning with the words " or, as the case may be " the ending with the figures and word "1309 Fasli," was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

S.13 Amendment of sections 117A and 117B of Bom. V of 1879

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[ * * * ]

47. Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added, by Bom. 61 of 1958 s. 3(12).

48. Sub-section (2) was omitted by the Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960.

49. Sub-section (3) was omitted, by the Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960.

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

50[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.]

50. This section was sub-stituted for the original by Bom. 69 of 1953., s. 6.

S.Chapter III PROCEDURE FOR CONSOLIDATION

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, 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 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 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.]

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

52. Thi

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

56(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 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.]

56. Section 15-A was inserted, by ibid.

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 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[ * * ].

57. These words, brackets and figure were substituted for the words, brackets and figure, "or of sub-section (1)" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

58. The portion begi