GUJARAT PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947

GUJARAT PREVENTION OF FRAGMENTATION AND CONSOLIDATION

OF HOLDINGS ACT, 1947

Preamble - GUJARAT PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947

[1]
[GUJARAT] PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947

[Act No. 62 of 1947][2]

[29th January, 1948]

PREAMBLE

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 :-

Section 1 - Short title, extent and commencement

[3]
(1) This Act may be called the [Gujarat]Prevention of Fragmentation and Consolidation of Holdings
Act, 1947.

[5] [6]
(2) [4][It extends to the whole of the [State of Maharashtra].

[7]
(3) Itshall come into force in such areas and on such date as the [State] Government may by
notification in theOfficial Gazettedirect.

Section 2 - Definitions
In this Act, unless there is anything repugnant in thesubject 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, mahalor taluka or any part thereof so as to
reduce the number of plots in holdings;

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[8]
(3) Consolidation Officer" means an officer appointed as such under section 15 by the [State]
[9]
Government and includes any person authorised by the [State] Government to perform all
or any of the functions of the Consolidation Officer under this Act;

[10]
[(3-A)"Co-operative Society" means a Co-operative Society registered or deemed to be registered
under the[11][Maharashtra Co-operative Societies Act,1960;

[12]
[** *]

(4) Fragment" means a plot of land of less extent than the appropriate standard areas determined
under this Act:

Provided that no plot of landshall 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 theOfficial Gazetteunder section 3;

(7) [13][Deleted] .

(8) "owner" means in the case of unalienated land the occupant 6[or tenure holder and when such
land has been mortgaged, owner means the mortgagor; in thecae of alienated land owner
[14]
means the superior holder; [ ***]

[15]
[Provided that in the Hyderabad area of the 3[State of Maharashtra] "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;

[16]
[** *]

(9) "prescribed" means prescribed by rules made under this Act;

[17]
[(9a)"relevant Code" means-

[19]
(10) [18][(a) in the Bombay area of the State of Maharashtra, the [Bombay Land Revenue
Code,1879;

(bin the Vidarbha region of the[20][State" of Maharashtra], the Madhya Pradesh Land Revenue Code,
1954; and

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(c)in the Hyderabad area of the[21][State of Maharashtra,] the Hyderabad Land Revenue Act, 1317
Fasli;

(9b)"relevant tenancy law" means-

(11) [22] [(a) in the Bombay area of the State of Maharashtra, the Bombay Tenancy and
Agricultural Lands Act, 1948;

(b) in the Hyderabad area of the[23][State of Maharashtra], the Hyderabad Tenancy and Agricultural
Lands Act, 1950;

[24]
[(c)in the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and Agricultural
Lands (Vidarbha Region) Act, 1958;

[25]
(d) [Omitted]

(9c)"Settlement Commissioner" includes a Commissioner of Survey Settlement;

[26]
(12) "standard area" in respect of any class of land means the area which the [State]
Government may from time to time determine under section 5 as the minimum are necessary
for profitable cultivation in any particular local area; and includes a standard area revised
under the said section;

[27]
[(10a)"village committee" means a village committee constituted under section 34A;

(13) words and expressions used in this Act, but not defined have the meaning assigned to them
[28]
in the [relevant Code].

(14) [29][*****]

Section 3 - Determination of local area

The[30][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.

Section 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[31][ 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.

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(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.

Section 5 - Determination and revision of standard areas

[32]
(1) The [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.

[33]
(2) The [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)

[34]
(3) The [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).

Section 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 ofRights 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
ofRights 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).

Section 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[35][except to the owner of a contiguous survey number or recognised
sub-division of a survey number :

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[36]
[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 [37] [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.

Section 8 - Fragmentation prohibited

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

Section 8AA - Restriction on partition of land

(1) [38][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.

[39]
[* * *]

[40]
[* * **]

(b) If, in effecting a partition, it is found that there is not enough land to provide for the shares
all the co-sharers in accordance with 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

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proportionate amount of compensation in the manner prescribed before taking possession of

the share allotted to him. On his failure to do so, his share shall be allotted to any other co-
sharer to whom land has not been previously allotted and who is chosen in the manner
provided in clause (b) subject to the payment of similar compensation to the co-sharers not
getting shares of land.

(d) If none of the co-sharers to whom land has been allotted under clause (c) pays the
compensation and takes the share, the share shall be sold in auction to the highest bidder,
and the purchase money shall be paid to the co-sharers not getting land in proportion to
their respective shares.

(e) Where the parties agree upon any other method of partition which will not result in the
creation of a fragment, that method shall be followed in effecting partition.

(3) Where a partition is effected in execution of a decree all questions relating to the partition of
the land and apportionment of compensation shall be decided by the Court executing the
decree or by the Collector effecting the partition, as the case may be, in accordance with the
provisions of sub-section(2).]

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

[41] [42]
[Nothing in sections 7, [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.]

Section 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
[43]
exceeding Rs. 250 as the Collector may, subject to the general orders of the [State]
[44]
Government, direct [Such fine shall be recoverable as an arrear of land revenue.]

(3) [45][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.]

Section 10 - Transfer of fragment to Government

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[48]
(1) [46][Any owner of a fragment may transfer it to the[47][state Government] on [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[49][State
[50]
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 117B of

the Bombay Land Revenue Code, 1879[51][52][or section 158 of the Madhya Pradesh Land
[53]
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.]

Section 11 - [Deleted]
[Partition of estate assessed to payment of revenue to Government or separation ofshare thereof]

Deleted byBom. LXI of1958, s.3(10).

Section 12 - Determination of compensation for purposes of section 10

In determiningthe compensation for the purposes of section 10 the Collectorshall have regard to the
[54] [55]
provisions ofsubsection (1) of section 23 of the Land Acquisition Act, 1894. [* **] [* * *]

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

(1) [56][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,".

(2) [57][In the Hyderabad Land Revenue Act, 1317 Fasli[58]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[59], 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:-

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"Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings
Act, 1947."]

Section 14 - Fragment not be sold at Court sale or created by such sale

[60]
[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 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].

Section 15 - Government may of its own accord or on application declare its

intention to make scheme for consolidation of holdings
[61]
With the object of consolidating holdings in any village, mahal, [taluka or tahsil] or any part
[62]
thereof for the purpose of better cultivation of lands therein, the [State] Government may[63][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[64][State] Government may appoint a
Consolidation Officer who shall proceed to prepare[65][* * *] a scheme for the consolidation of
[66]
holdings in such village or villages or part thereof, as the case may be [in the manner hereinafter
provided.]

Section 15A - Preparation of scheme and principles to be followed in its

preparation

(1) [67][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.

Section 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

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[68]
provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894. [* * *]

[69]
[* * *]

Section 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 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
[70]
modification made by the [State] Government, be final.

Section 18 - Land reserved for public purpose

(1) [71][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,-

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(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 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.]

Section 19 - Publication of draft scheme and of amended draft scheme

(1) [72][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 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 objections and his remarks
thereon.

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(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 the 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.]

Section 20 - Confirmation of draft scheme or amended draft scheme

(1) [73][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 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 confirm the draft scheme as published under sub-section (2)
without any modifications therein or with such modifications therein as he may consider
necessary.]

Section 21 - Enforcement of scheme

(1) [74][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.

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(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 land which he is not entitled to occupy under the scheme :

Provided that, if two-thirds or more of the owners affected by the scheme agree to enter into
possession of the holdings to which they are entitled under the scheme, the Consolidation Officer may
put them in possession of such holdings from such earlier date as may be decided upon by such
owners.

(4) If the Consolidation Officer is satisfied that any standing crops, trees, embankments or similar
other improvements which were not taken into consideration at the time of determining the
compensation payable by an owner of any holding under the scheme are found on such
holding at the time of putting the owner in possession of such holding, or that any such
standing crops, trees, embankments or similar other improvements which were taken into
consideration at the time of determining the compensation payable by an owner of any
holding have ceased to exist or are substantially damaged at the time of putting the owner
in possession of such holding, he shall by order determine in the prescribed manner the
additional compensation payable by the owner or, as the case may be, the reduction to be
made in the compensation payable to the original owner of such holding. Where additional
compensation is to be paid, it shall be deposited in the prescribed manner by the owner
from whom it is recoverable, within one year from the date of the order passed by the
Consolidation Officer for determining the additional compensation.

(5) If the owner from whom the compensation is recoverable fails to deposit it within the period
specified in sub-section (2) or (4) or within such further period not exceeding one year as
may be extended by the Consolidation Officer, it shall be recovered from him as an arrear of
land revenue.

(6) If an owner refuses to accept possession of the holding to which he is entitled under the
scheme, his rights in such holding may be allotted in the prescribed manner by the
Consolidation Officer to any other person who pays the value of the holding and in such case
the value realised after deducting the expense (hereinafter called "the net value") shall be
paid to the owner and any other person having an interest in the holding.

(7) If no person is forthcoming to pay the value of the holding, the State Government may recover
from the owner the compensation recoverable from him under the scheme as an arrear of
land revenue or the State Government may itself purchase the holding after paying the net

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value of the holding to the owner and any other person having interest in the holding.]

Section 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 schemeshall be deemed to have come into force.

Section 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,
orotherpersons having interest,shall for the purpose of giving effect to any scheme of consolidation
affecting them be transferable by exchange orotherwise.

Section 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[75][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.

[76]
[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.

Section 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.

Section 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
[78]
Revenue Code, 1879[77] [or under Chapter X of the Madhya Pradesh Land. Revenue

Code, 1954[79], or as the case may be, under Chapter VIII of the Hyderabad Land Revenue
[80] [81]
Act, 1317 Fasli ,] the Mamlatdars' Courts Act, 1906, and the [relevant tenancy law]; and
no revenue officer other than the Consolidation Officer shall take any proceedings under any
[82]
of the said Acts in respect of any holding or land [for which a notice under section 15A
has been given].

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(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
[83] [84]
officer under Chapter IX of the Bombay Land Revenue Code 1879 , [or under Chapter

X of the Madhya Pradesh Land Revenue Code, 1954 [85] , or as the case may be, under
[86]
Chapter VIII of the Hyderabad Land Revenue Act, 1317, Fasli ] the Mamlatdars' Courts Act,
[87] [89]
1906 , and the[88][relevant tenancy law ],in respect of any holding or land [for which
a notice under section 15A has been given] shall be transferred to the Consolidation Officer;
and

(b) the Consolidation Officer shall, by proclamation, call upon all persons who claim to be entitled
[90]
to possession under any of the said Acts, of any [holding for which a notice under section
15A has been given] to make within the prescribed period an application to be put in
possession of such holdings; and any person who fails to do so within the prescribed period
shall thereafter be debarred from making it:

Provided that nothing in this clause shall debar any person from making, after the coming into force
of a scheme of consolidation under section 22, any application in respect of any holding included in
the scheme, if such application could lie under the provisions of any law for the time being in force.

(3) The Consolidation Officer shall submit any order passed by him under any of the said Acts to
the Collector for confirmation if an application in that behalf is made to him by any party to
a proceeding under this section within fifteen days from the date of the order.

Section 27 - Stay ofcertain proceedings]; ban on transfer of land during

continuance of consolidation proceedings
[91]
[When a Consolidation Officer proceeds to prepare a scheme under section 15, during the
continuance of the consolidation proceedings-

(a) [92][no proceedings,-

[93]
(b) under section 153 or 155 of the Bombay Land Revenue Code, 1879 ;

[94] [95]
(ia)under section 120 or section 124 of the Hyderabad Land Revenue Act, 1317 Fasli ;

[96]
(ib) under section 135 of the Madhya Pradesh Land Revenue Code, 1954] ;

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[98]
(c) [97] [for execution of any award made or deemed to be made under the [Maharashtra
Cooperative Societies Act, 1960;]]

(d) for execution of any award made under the Bombay Agricultural Debtors' Relief Act, 1947
[99]
or under the Hyderabad Agricultural Debtors' Relief Act, 1956;]

[100]
[* * *]

[101]
[(iiia) for the recovery of a sum due under an agreement registered under the Central Provinces
and Berar Debt Conciliation Act, 1933;]

(e) for execution of any decree passed by a Civil Court;

[103]
(f) [102][for partitioning or sub-dividing in any manner,] in respect of any land [for which a
notice under section 15A has been given [shall be commenced, and all such proceedings if
commenced shall be stayed;]

(g) [104][no person shall transfer any land in respect of which a notice under section 15A has
been given, except with the previous permission in writing of the Consolidation Officer. Such
permission may be given in such circumstances and subject to such conditions as may be
prescribed.]

Section 28 - Rights in holdings

[105]
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
[106]
under the provisions of [sub-section (6)] of section 21.

Section 29 - Transfer of encumbrances

(1) If the holding of an owner included in a scheme of consolidation which has come into force
[108]
under section 22 is burdened with a[107][* * *] mortgage, debt or other encumbrance [
[109]
other than a lease] such [* * *] mortgage, debt or other encumbrance shall be
transferred there from 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,
[110]
appoint; and the [* *] mortgagee, creditor or other incumbrancer, as the case may be,

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shall exercise his rights accordingly.

[111]
(2) If the holding to which a [***] 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 [112] [* * * ] 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 the Consolidation Officer may
determine.

(3) Notwithstanding anything contained in section 21, the Consolidation Officer shall, in the

prescribed manner, put any [113] [* * *] mortgagee or other encumbrancer entitled to

[114]
possession into possession of the holding to which his [* *] mortgage or other
encumbrance has been transferred under subsection (1).

Section 29A - Consolidation Officer to describe whether lease should be

transferred or not

(1) [115][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 there from. 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 were a mortgage or other
encumbrance.

(3) If the Consolidation Officer determines that such lease shall not be transferred from the original
holding it shall remain attached thereto, and the owner to whom such holding is allotted

under the scheme shall hold it subject to such lease; and the provisions of the[116][relevant
tenancy law,] shall so far as may be notwithstanding the change in the ownership, apply to
such lease; and the rights and liabilities of such owner and the lessee shall be governed by
[117]
the provisions of the [said law] as between the landlord and his tenant:

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Provided that such owners shall not be entitled to arrears of rent due under such lease immediately
before the allotment of the holding as aforesaid.

(4) An appeal against the decision of the Consolidation Officer under this section shall lie to the
Settlement Commissioner within the prescribed time.]

Section 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;

[118]
[(aa) the amount of compensation determined under section 18;

(b) [119][ the amount of additional compensation or reduction in compensation determined under
subsection (4), or the net value realised or payable section-section (6) or (7) of section 21];

(c) the total amount of compensation determined undersub-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 Courtand

thereupon the provisions of sections 33, 53 and 54 of the Land Acquisition Act, 1894,[120][*
[121]
* *] [* *]shall, so far as may, apply.

Section 31 - Restrictions on alienation and sub-division of consolidated holdings

(1) [122][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, exchange, lease, or otherwise; or

(b) be sub-divided, whether under a decree or order of a Civil Court or any other competent
authority, or otherwise, so as to create a fragment, without the previous sanction of the
Collector. Such sanction shall be given by the Collector in such circumstances and subject to
such conditions as may be prescribed.

(2) Nothing in sub-section (1) shall apply to any land

(a) which is situated in any area for which

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(b) a municipal corporation is constituted under the Bombay Municipal Corporation Act, the Bombay
Provincial Municipal Corporations Act, or the City of Nagpur Corporation Act, 1948; or

(c) a municipal council is constituted under the Maharashtra Municipalities Act, 1965; or

(d) a cantonment is constituted under the Cantonments Act, 1924; or

(e) which is situated in a notified area for which a Special Planning Authority is constituted or
appointed under section 40 of the Maharashtra Regional and Town Planning Act, 1966; or

(f) which is situated in an area designated as a site for a new town for which a Development
Authority is constituted under section 113 of the Maharashtra Regional and Town Planning
Act, 1966; or

(g) which is situated in any area specified by the State Government, by notification in the Official
Gazette, as being reserved for non-agricultural or industrial development.

(3) Nothing in sub-section (1) shall also apply to any land which is to be transferred

(a) to the tenant of the holding or his heir; or

(b) to the owner of the adjoining holding who cultivates his land personally; or

(c) to an agriculturist or agricultural labourer, in its entirety; or

(d) to a person who is rendered landless by reason of acquisition of his land for a public purpose;
or

(e) to a co-operative society; or

(f) by way of gift (whether by way of trust or otherwise) bona fide made by the owner in favour
of a member of his family; or

(g) by way of exchange, where such land is cultivated personally by the holder, for any other land
allotted under this Act, which is also likewise cultivated personally by its holder :

Provided that no such transfer shall be made so as to create a fragment.]

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Section 31AA - Validation of certain transfers, partitions and sub -divisions

made before 15 th November 1965
[123]
[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 , shall, notwithstanding the provisions of section 9
or of section 31 , not be deemed void merely 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 penalty payable in respect
thereof shall be one rupee.]

Section 31AB - Validation of certain transfers or sub -divisions made on or after

15 th November. 1965 and before commencement of Mah. XLI of 1977

(1) [124] [No transfer or sub -division of any land in contravention of section 31 as it stood
immediately before the date of commencement of the Bombay 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 shall 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 shall be deemed to be valid if such transfer or sub -division is in
accordance with the provisions of section 31 as substituted 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 -division of any land is valid under this section
shall be final and conclusive evidence in that behalf. Any holder may apply to the Collector
for such certificate].

Section 31A - Correction of clerical and arithmetical mistakes in scheme

[125]
[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 order in writing correct such mistake or
error and publish hi s order in the prescribed manner.]

Section 32 - Power to vary scheme on ground of error, irregularity, informality

[126]
(1) If after a scheme has come into force it appears to the [Settlement Commissioner] that the

scheme is defective on account of an error[127][other than that referred to in section 31 A)],

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irregularity or informality the[128] [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
[129]
communicate in writing any objection to such variation to the [Settlement Commissioner].

[130]
(3) After receiving the objections under sub -section ( 2 ) the [Settlement Commissioner] may,
[131] [132]
after making such enquiry as [he may] think fit, [* * *] make the variation with or
without modification or may not make any variation.

[133]
[( 3 A) If the scheme is varied under sub -section ( 3 ), a notification stating that the scheme
has been varied shall be published in the Official Gazette and the scheme so varied shall be
published in the prescribed manner in the village or villages concerned.]

(4) From the date of the notification[134][stating that the scheme has been varied] the variation
shall take effect as if it were incorporated in the scheme.

Section 33 - Publication of draft scheme and of amended draft scheme

A scheme for the consolidation of holdings confirmed under this Act may at any time, be varied or
revoked by asubsequent scheme prepared, published and confirmed in accordance with this Act.

Section 33A - Power of State Government to revoke confirmed scheme

(1) [135][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 shall 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 shall be
recovered from hi m as an arrear of land revenue.]

Chapter IV-A - POWERS AND PROCEDURE OF CONSOLIDATION OFFICERS

[136]
[CHAPTER IV-A

Section 33B - Right of entry

For the purpose of preparing or enforcing any scheme orotherwise, for carrying out the objects of this

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Act, a Consolidation Officer or any person duly authorised byhim may, after giving such notice as
may be prescribed, to the owner or occupier orotherperson interested in any land, enter upon and
survey such land or erect survey marks thereon and demarcate the boundaries thereof and do
allotheracts necessary for such purposes.

Section 33C - Power to summon persons to give evidence and produce

documents

(1) The Consolidation Officershall 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 summonedshall 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 anysubject respecting which they are examined or make statements;
and

(c) to produce such documents andotherthings as may be required by the Consolidation Officer in
connection with inquiry.

Section 33D - Form of summons and mode of serving it

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

(2) Such summonsshall 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 ofhis usual
residence. Ifhis usual residence is inanotherdistrict, the summons may be sent by post to the
Collector of that district, whoshall cause it to be served as aforesaid.

Section 33E - Penalty for not complying with summons

The Consolidation Officershall 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
byhim :

Provided that, no fineshall 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 personordinarily
resides or holds or cultivates land.

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Such fineshall be recoverable as an arrear of land revenue.]

Section 34 - Vesting of powers of Settlement Commissioner

[137]
[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.]

Section 34A - Constitution of village committees

(1) [138][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 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 the functions or
discharge the duties of the village committee under this Act; and thereupon all references to
the village committee under this Act shall be deemed to include references to the village
committee so reconstituted or the authority so appointed, as the case may be.]

Section 35 - Power of State Government or Commissioner to call for proceedings

[140]
The[139][State] Government [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[141][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
[142]
disposed of by such officer and may pass such order in reference thereto as it or [he, as the
case may be,] thinks fit:

[143]
[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.]

Section 36 - Appeal and revision

Expect as provided in this Act, no appeal or revision applicationshall lie from anyorder passed under
Chapter II, III or IV of this Act.

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Section 36A - Bar of jurisdiction

(1) [144][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]

Section 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
authorityshall deal with and decide such issues in accordance with the provisions of this Act
andshall communicate its decision to the Civil Court or Mamlatdar's Court and such Courtshall
thereupon dispose of the suit in accordance with the procedure applicable thereto.

Section 36C - Indemnity

No suit orotherlegal proceedingsshall lie against any person in respect of anything which is in good
faith done or intended to be done under this Act.

Section 37 - Rules

[145]
(1) The [State] Government may by notification in the Official Gazette, make rules for carrying
out the purposes of this Act.

[146]
(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 ;

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[147]
[(cc) the manner of choosing by lot under clause (b) of sub -section ( 2 ) of section 8 AA];

[148]
(d) the manner in which the intention to make a scheme shall be published [* * *] under
section 15 ;

[149]
[(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 section 16 A;

(e) the manner of publication under sub -section ( 2 ) of section 17 of a declaration made under
sub -section ( 1 ) of the said section;

(f) [150]the manner in which a draft scheme or amended draft scheme of consolidation shall be
published under section 19 in the village or villages concerned;

[151] [152]
[(ff) the manner of publication of further amended scheme under [* * *] sub -section ( 2 )
of section 20 ];

(g) the manner of publication of a scheme under sub -section ( 1 ) of section 21 , on its being
confirmed;

(h) [153][the manner in which compensation recoverable from any owner shall be deposited by hi
m under sub -section ( 2 ) or ( 4 ) of section 21 ;

(i) the manner in which owners may be put in possession of holdings to which they are entitled
under sub -section ( 3 ) of section 21 and the manner in which persons may be evicted
under that sub -section;

(j) the manner of determining the additional compensation payable by an owner in respect of any
holding allotted to hi m under a scheme or reduced compensation payable to the original
owner of such holding, under sub -section ( 4 ) of section 21 ;]

[154]
(k) the manner in which right of holding may be allotted under [sub-section ( 6 )] of section
21 ;

(l) the form in which a certificate shall be granted under section 24 ;

(m) the period within which an application shall be made under clause (b) of sub -section ( 2 ) of
section 26 ;

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[155]
[(ll) the circumstances in which and conditions subject to which permission to transfer land may
be given under clause (b) of section 27 ;]

(n) the guidance of the Consolidation Officer and other officers and persons in respect of the
[156]
transfer of a [* * *] mortgage, debt or other encumbrance under sub -section ( 1 ) of
section 29 ;

(o) [157] [the circumstances in which and the conditions subject to which holdings may be
transferred or sub -divided under sub -section ( 1 ) of section 31 ;]

[158]
[(nn) the manner of publication of an order under section 31 A;

[159]
(p) the manner of publication of a draft variation under sub -section ( 1 ) of section 32 [or of
a varied scheme under sub -section ( 3 A) thereof;

[160]
[(o- 1 ) the period within which the amount of compensation shall be refunded under sub -
section ( 1 ) of section 33 -A;

[161]
[(o- 2 ) the notice to be given under section 33 - B ;

[162]
[(oo) the manner in which village committees shall be constituted, and the duties and functions
to be discharged by them, under section 34 A;

(q) the manner in which the area and assessment (including water rate, if any) of each
reconstituted holding or part of such holding shall be determined;

(r) the manner in which corrections shall be made in the Record of Rights in accordance with a
scheme of consolidation;

(s) generally, for the guidance of the Consolidation Officer and other officers and persons in all
proceedings under this Act;

(t) any other matter which is to be or may be prescribed.

(3) All rules made under this section shall be subject to the condition of previous publication.

(4) [163][Every rule made under this Act shall be laid, as soon as may be after it is made, before
each House of the State Legislature while it is in session for a total period of thirty days

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which may be comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately following, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not
be made, the rule shall, from the date of publication of a notification in the Official Gazette,
of such decision, have effect only in such modified form or be of no effect, as the case may
be ; so however that any such modification or annulment shall be without prejudice to the
validity of anything previously done or omitted to be done under that rule].

Section 38 - Repeals and savings

[164]
[On the commencement of this Act in that part of the [165][Stateof Bombay] to which it is
[166]
extended by the Bombay Prevention of Fragmentation and Consolidation of Holdings (Extension
and Amendment) Act, 1958,the following provisions shall be repealed, namely :-

(a) [167]the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act,1956;

(b) [168]Chapter II of the Saurashtra Fragmentation and Regulation of Holdings Act,1954;

(c) Chapter XVI of the Madhya Pradesh Land Revenue Code,1954:

[169]
Provided that suchrepeal shall not affect,-

(d) the previous operation of any law so repealed, or anything duly done or suffered thereunder; or

(e) any right, privilege, obligation or liability acquired, accrued or incurred under any law so
repealed; or

(f) any penalty incurred in respect of anything done against any law so repealed;

and any investigation, proceedings or remedy in respect of any such right, privilege, obligation,
liability or penalty as aforesaid may be instituted, continued or enforced, and any such penalty may
be imposed as if theBombay Prevention of Fragmentation and Consolidation of Holdings (Extension
and Amendment) Act,1958,had not been passed :

[170]
Provided further thatsubject to the preceding proviso any thing done or any action taken
(including any appointment or delegation made, notification, order or notices issued, rule, regulation or
form framed, scheme framed or confirmed, standard areas laid down, fixed or revised, transfer, or
lease or fragment; valuation thereof, partition of an undivided estate, or entry in the record of rights
made, amount of compensation determined, certificate granted, consolidated holdings duly transferred,
alienatedorsub-divided) under any such repealed lawshall be deemed to have been done or taken
under the corresponding provision of this Act, andshall continue to be in force accordingly, unless and
until superseded by anything done or any action taken under this Act.]

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[1]
Substituted by the Gujarat Short Titles (Amendment) Act, 2011, the previous text was:-"Bombay".

[2]
For Statement of Objects, see Bombay Govt. Gazette, 1946, Pt. V, 139 for Report of the Select Commitee, see ibid, 1947, pg 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.

[3]
Substituted by the Gujarat Short Titles (Amendment) Act, 2011, the previous text was:-"Bombay".

[4]
Thissub-section was substituted for the original by Bom. Act 61 of 1958, Sec. 3(1).

[5]
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).

[6]
These words weresubstituted forthe words "State of Bombay" by the Maharashtra Adaptation of Laws State and
ConcurrentSubjects)Order, 1960.

[7]
This word wassubstituted forthe word "Provincial" by the Adaptation of Laws Order, 1960.

[8]
This word wassubstituted forthe word "Provincial" by the Adaptation of Laws Order, 1960.

[9]
This word wassubstituted forthe word "Provincial" by the Adaptation of Laws Order, 1960.

[10]
This clause was inserted by Bom. 69 of 1953, s. 2.

[11]
The portion from "or that Act" to "region of the State was omitted by the Maharashtra Adoption of Laws (State and Concurrent
subjects)Order, 1960

[12]
These words and figures weresubstituted for the words and figures "Bombay Co-operative Societies Act, 1925" byMah. 19 of 1966, s.
2(a).

[13]
Clause (7) was deleted by Bom. 61 of 1958, s. 3(2)(b).

[14]
These words were inserted, by Bom. 61 of 1958, s.3(2)(c).

[15]
This Proviso was added by Bom. 61 of 1958, s. 3(2)(c).

[16]
The Explanation was omitted, by Bom. 61 of 1958.

[17]
Clauses (9a) to (9-C) were inserted by Bom. 61 of 1958, s. 3 (2) (d).

[18]
Sub-clause (e) was substituted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects)Order, 1960.

[19]
See now Maharashtra Land Revenue Code, 1966 (Mah. 41 of 1966).

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[20]
The portion from "or that Act" to "region of the State was omitted by the Maharashtra Adoption of Laws (State and Concurrent
subjects)Order, 1960

[21]
The portion from "or that Act" to "region of the State was omitted by the Maharashtra Adoption of Laws (State and Concurrent
subjects)Order, 1960

[22]
Sub-clause (a) was substituted by the Maharashtra Adoption of Laws (State and Concurrent Subjects)Orders Order, 1960.

[23]
The portion from "or that Act" to "region of the State was omitted by the Maharashtra Adoption of Laws (State and Concurrent
subjects)Order, 1960

[24]
Sub-clause (c) was substituted by Mah. 19 of 1966, s. 2(b).

[25]
Sub-clause (d) was omitted by the Maharashtra Adoption of Laws (State and Concurrent Subjects)Order, 1960.

[26]
This word wassubstituted forthe words "Provincial" by the Adoption of Laws Order, 1950

[27]
This clause was inserted by Bom. 61 of 1958, s. 3(2)(e).

[28]
These words weresubstituted forthe words and figures "Bombay Land Revenue Code, 1879" by Bom. 61 of1958,s.2(f).

[29]
Clause (12) was omitted by the Maharashtra Adapton of Laws and concurrent Subjects)Order, 1960.

[30]
Ins. by Bom. Act 61 of 1958, Sec. 3(4).

[31]
These words were inserted by Bom. Act, 61 of 1958, Sec. 3(4).

[32]
Substituted by the Adoption of Laws Order, 1950, for "Provincial".

[33]
Substituted by the Adoption of Laws Order, 1950, for "Provincial".

[34]
Substituted by the Adoption of Laws Order, 1950, for "Provincial".

[35]
These words were substituted for the words "unless thereby the fragment becomes merged in" by Bom. 69 of 1953, s. 3(2).

[36]
This proviso was added by Bom. 69 of 1953, s. 3(2).

[37]
These Words, were substituted for the words and figures "the Bombay Tenancy Act, 1939" by Bom. 61 of 1958, s. 3(6).

[38]
Section 8AA was inserted by Bombay Act 61 of 1958, s. 3 (i).

[39]
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 Application) Ordinance, 1948" were omitted by the Maharashtra Adoption of Laws (State and Concurrent Subjects) Order,
1960.

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[40]
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.

[41]
Section 8A was inserted by Bom. 69 of 1953, s. 4.

[42]
The figures, word and letter were substituted for the word and figure "and 8" by Bom. 61 of 1958 S. 3(8).

[43]
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

[44]
These words were added by Bom. 69 of 1953, s. 5(1).

[45]
This sub-section was added, by Bom. 69 of 1953, s . 5(2).

[46]
This word was submitted for the word "Crown" by the Adaptation of Laws Order, 1950.

[47]
These words were substituted for the words "Crown for the purposes of the Province" by the Adaptation of Laws Order, 1950.

[48]
These words were substituted for the words "Payment by the Crown" by the Adaptation of Laws Order, 1950.

[49]
These words were substituted for the words "Crown for the purposes of the Province" by the Adaptation of Laws Order, 1950.

[50]
This portion was added by Bom. 61 of 1958, s. 3(9)(a).

[51]
These Acts and Code were repealed by the Maharashtra Land Revenue Code 1966, see Sec. 336 of Mah. 41 of 1966.

[52]
Added by Bom. Act 61 of 1958, See. 3(9)(b).

[53]
These Acts and Code were repealed by the Maharashtra Land Revenue Code 1966, see Sec. 336 of Mah. 41 of 1966.

[54]
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.

[55]
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. 19of 1966, s. 4.

[56]
Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added by Bom. 61 of 1958, s.3 (12).

[57]
Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added by Bom. 61 of 1958, s.3 (12).

[58]
These Acts and Code were repeated by the Maharashtra Land Revenue Code, 1966 see Sec. 336 of Mah. Act 41 of 1966.

[59]
These Acts and Code were repeated by the Maharashtra Land Revenue Code, 1966 see Sec. 336 of Mah. Act 41 of 1966.

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[60]
This section was substituted for the original by Bom. 9 of 1953, s. 6.

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

[62]
This words was substituted for the word "Provincial" by the, Adaptation of Laws Order, 1950.

[63]
These words were inserted by Bom. 61 of 1958, s. 3(13).

[64]
This words was substituted for the word "Provincial" by the, Adaptation of Laws Order, 1950.

[65]
These words were inserted by Bom. 61 of 1958, s. 3(13).

[66]
These words were added by Bom. Act 61 of 1958.

[67]
Inserted by Bom. Act 61 of 1958.

[68]
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.

[69]
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. 5.

[70]
This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

[71]
Section 18 was substituted for the original by Bom. 61 of 1958, s. 3(15).

[72]
Substituted by Mah. 19 of 1966, Sec. 6.

[73]
Section 20 was substituted for the original by Mah, Act 19 of 1966, Sec. 6.

[74]
Section 21 was substituted for the original by Mah. Act 19 of 1966, Sec. 6.

[75]
The word, brakets and figure were substituted for the word, brakets and figure sub-sec. (4) by Mah. Act 19 of 1966, Sec. 7.

[76] This portion was added by Bom. Act 61 of 1958, Sec. 3(16).

[77]
These Acts and Code were repealed by the Maharashtra Land Revenue Code, 1966, See Section 336 of Mah. 41 of 1966.

[78]
This portion was inserted, by Bom. Act 61 of 1958, Sec. 3(17).

[79]
These Acts and Code were repealed by the Maharashtra Land Revenue Code, 1966, See Section 336 of Mah. 41 of 1966.

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[80]
These Acts and Code were repealed by the Maharashtra Land Revenue Code, 1966, See Section 336 of Mah. 41 of 1966.

[81]
These words were substituted for the words and figures "Bombay Tenancy Act, 1939" by Bom. Act 61 of 1958 .

[82]
This portion was substituted for the words and figures "for the Consolidation, of which a notification has been issued under section
15" by Mah. Act 19 of 1966, Sec. 8.

[83]
These Acts and Code were repealed by the Maharashtra Land Revenue Code, 1966, See Section 336 of Mah. 41 of 1966.

[84]
This portion was inserted, by Bom. Act 61 of 1958, Sec. 3(17).

[85]
These Acts and Code were repealed by the Maharashtra Land Revenue Code, 1966, See Section 336 of Mah. 41 of 1966.

[86]
These Acts and Code were repealed by the Maharashtra Land Revenue Code, 1966, See Section 336 of Mah. 41 of 1966.

[87]
See Appendix 3.

[88]
These words were substituted for the words and figures "Bombay Tenancy Act, 1939" by Bom. Act 61 of 1958 .

[89]
This portion was substituted for the words and figures "for the Consolidation, of which a notification has been issued under section
15" by Mah. Act 19 of 1966, Sec. 8.

[90]
This portion was substituted for the words and figures "for the Consolidation, of which a notification has been issued under section
15" by Mah. Act 19 of 1966, Sec. 8.

[91]
These words were substituted for the words and figures "proceedings under section 153 and 155 of Bom. V of 1879", by Bom. 69
of 1953 Sec. 8(2).

[92]
This clause was substituted for the original, by Bom. 69 of 1953 , Sec. 8(1).

[93]
These Acts and Code were repealed by the Mah. L. R. Code, 1966, See Section 336, of Mah. Act 41 of 1966.

[94]
Clauses (ia) and (ib) were inserted by Bom. 61 of 1958, Sec. 3(18).

[95]
These Acts and Code were repealed by the Mah. L. R. Code, 1966, See Section 336, of Mah. Act 41 of 1966.

[96]
These Acts and Code were repealed by the Mah. L. R. Code, 1966, See Section 336, of Mah. Act 41 of 1966.

[97]
Sub-clause (ii) was substituted by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[98]
These words and figures were substituted for the words and figures "Bom. Co-op. Soc. Act, 1925" by Mah. 19 of 1966, Sec. 9(a).

[99]
This portion was inserted by Bom. 61 of 1958, Sec. 3(18).

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[100]
The words "or under the Saurashtra Agricultural Debtors Relief Act, 1954" were omitted by the Mah. Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.

[101]
Clause (iii-a) was inserted by Bom. 61 of 1958, Sec. 3(18).

[102]
Clause (v) was inserted by Bom. 61 of 1958, Sec. 3(18).

[103]
. Clause (v) was inserted by Bom. 61 of 1958, Sec. 3(18).

[104]
Clause (b) was substituted by Mah. 31 of 1964, Sec. 2.

[105]
Inserted by Bom. Act 69 of 1953, Sec. 9.

[106]
These words, brackets and figures were substituted for the words, brackets and figure "sub-sec. (4)" by Mah. 19 of 1966 S. 10.

[107]
The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1).

[108]
These words were inserted, by Bom. 69 of 1953 , Sec. 10(2).

[109]
The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1).

[110]
The word "lessee" was deleted by Bom. 69 of 1953 , Sec. 10(1).

[111]
The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1).

[112]
The word "lessee" was deleted by Bom. 69 of 1953 , Sec. 10(1).

[113]
The word "lessee" was deleted by Bom. 69 of 1953 , Sec. 10(1).

[114]
The word "lease' was deleted by Bom. 69 of 1953, Sec. 10(1).

[115]
Section 29A was inserted by Bom. Act 69 of 1963, Sec. 11.

[116]
These words were substituted for the words and figures "Bom. Tenancy and Agricultural Lands Act, 1948" by Bom. Act of 61 of
1958 Sec. 3(19).

[117]
These words were substituted for the words and figures "Bom. Tenancy and Agricultural Lands Act, 1948" by Bom. Act of 61 of
1958 Sec. 3(19).

[118]
Inserted by Bom. Act 61 of 1958, Sec. 3(20).

[119]
Substituted by Mah. Act, 19 of 1966Sec. 11(a).

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[120]
The words "or the said provisions of that Act as applied to the Saurashtraarea by the Land Acquisition Act, 1894 (Adaptation and
Application) Ordinance 1948" were omitted by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[121]
The words and figures "or, as the case may be, of sec. 28 or Sec. 43 of the Hyderabad Law Acquisition Act, 1309, Fasli" were
deleted by Mah. 19 of1966, S. 11 (b).

[122]
This Section was substituted for the original by Mah. 41 of 1977 s. 2.

[123]
Section 31 AA was inserted by Mah. 19 of 1966 , s. 13 .

[124]
This section was inserted by Mah. 41 of 1977 , s. 3 .

[125]
This section was inserted by Bom. 33 of 1956 , s. 5

[126]
These words were substituted for the words "State Government" by Mah. 19 of 1966 , s. 14 (a) and (c)(i)

[127]
These brackets, words, figures and letter were inserted by Bom. 33 of 1956 , s. 6 ( 1 ).

[128]
These words were substituted for the words "State Government" by Mah. 19 of 1966 , s. 14 (a) and (c)(i)

[129]
These words were substituted for the words "State Government through the Settlement Commissioner" by Mah. 19 of 1966 s. 14
(b).

[130]
These words were substituted for the words "State Government" by Mah. 19 of 1966 , s. 14 (a) and (c)(i)

[131]
These words were substituted for the words "it may" Mah. 19 of 1966 , s. 14 (c)(ii).

[132]
The words "by notification in the Official Gazette" were deleted by Bom. 33 of 1956 , s. 6 ( 2 ).

[133]
This sub -section was inserted by Bom. 33 of 1956 , s . 6 ( 3 ).

[134]
These words were substituted for the words "making the variation", by Bom. 33 of 1956 s. 6 ( 4 ).

[135]
Section 33 A was inserted by Mah, 31 of 1964 , s. 4 .

[136]
Chapter IV-A was inserted by Mah. 19 of 1966 , s. 15 .

[137]
Section 34 was substituted for the original by Mah. 19 of 1966 s. 10 .

[138]
Section 34 A was inserted by Bom. 61 of 1956 s, 3 ( 21 ),

[139]
This word was substituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .

[140]
substituted in accordance with the entry added by G.N.R.D. No. 3558 / 43445 -M, dated the 14 th April, 1959 in Bom. 8 of 1958

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 GUJARAT PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947

, Sch.

[141]
substituted in accordance with the entry added by G.N.R.D. No. 3558 / 43445 -M, dated the 14 th April, 1959 in Bom. 8 of 1958
, Sch.

[142]
This proviso was added by Bom. 61 of 1958 , s. 3 ( 22 ).

[143]
This proviso was added by Bom. 61 of 1958 , s. 3 ( 22 ).

[144]
Sections 36 A, 36B and 36 C were inserted Bom. 61 of 1958 , 3 ( 23 ).

[145]
This word was substituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .

[146]
This word was substituted for the word "Provincial" by the Adaptation of Laws Ord er, 1950 .

[147]
Clause (cc) was inserted by Bom. 61 of 1958 , s. 3 ( 24 ).

[148]
The words "and the manager of preparation of the scheme" were deleted, by Bom. 61 of 1958.

[149]
Clause (dd) was inserted, by Bom. 61 of 1958.

[150]
Clause (f) was substituted for the original by Mah. 19 of 1966 , s. 17 (a)(i).,

[151]
This clause was inserted by Bom. 33 of 1966 , s. 7 ( 1 ).

[152]
The words, brackets and letters "clause (b) of" were deleted by Mah. 19 of 1966 , s. 17 (a)(ii).

[153]
Clauses (h ), (i) and (ii) were substituted for the original clause (h ) and (i) by Mah. 19 of 1966 , s. 17 (a)(iii).

[154]
This was substituted for the word, brackets and fighre "sub-section ( 4 )" . Mah. 19 of 1966 , s. 17 (a)(iv).

[155]
Clause (ll) was inserted by Mah. 31 of 1964 , s. 5 (a).

[156]
The word "lease' was deleted by Bom. 69 of 1953 , s. 13 ( 2 ).

[157]
Clause (n) was substituted by Mah. 41 of 1977 , s. 4 .

[158]
This clause was inserted by Bom. 33 of 1956 , s. 7 ( 2 ).

[159]
This portion was added by Bom. 33 of 1956 , s . 7 ( 3 ).

[160]
Clause (o- 1 ) was inserted by Mah. 31 of 1964 , s. 5 (b).

[161]
Clause (o- 2 ) was inserted by Mah. 19 of 1966 , s. 17 (a)(v).

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[162]
Clause (oo) was inserted by Bom. 61 of 1958 , s. 3 ( 24 ).

[163]
Sub -section ( 4 ) was substituted for the original by Mah. 19 of 1966 , s. 17 (b).

[164]
Section 38was added by Bom.61of 1958,S. 3(25).

[165]
These words were substituted for the word "State" by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[166]
These words were substituted for the word "State" by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[167]
These words were substituted for the word "State" by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[168]
These words were substituted for the word "State" by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[169]
These words were substituted for the word "State" by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

[170]
These words were substituted for the word "State" by the Mah. Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

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