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

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

GOVERNMENT OF GUJARAT

LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT BOMBAY ACT NO. LXII OF 1947 The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947

(As modified upto the 31st October, 2006)

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

BOMBAY PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947 ....................................

(1) This Act may be called the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. (2) It extends to the whole of the 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.

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

(1) Any owner of a fragment may transfer it to the 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 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.

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.

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

(1) The scheme prepared by the Consolidation Officer shall provide for the payment of compensation to any owner who is allotted a holding of less market value than that of his original holding and for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding.

(2) The amount of compensation shall be determined, so far as practicable, in accordance with the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 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.

(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 on 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 days after the publication of the declaration under sub-section (1) state to the Consolidation Officer in writing his objection to the proposal, the nature of such interest or right and manner in which it is likely to be adversely affected and the amount and the particulars of his claim to compensation for such interest or right: Provided that no claim for compensation on account of the extinction or diminution of the right of public highway over such road, street, lane or path shall be entertained.

(4) The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary, to the Settlement Commissioner, together with the objections received, his recommendations thereon and a statement of the amounts of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such compensation is payable. The decision of the Settlement Commissioner on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall, subject to any modification made by the State Government, be final.

(1) Upon the confirmation of the scheme under sub-section (1), (3) or (4) of section 20, a notification stating that the scheme has been confirmed shall be published in the Official Gazette and the scheme as confirmed shall be published in the prescribed manner in the village or villages concerned. If two-thirds or more of the owners affected by such scheme agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow all the owners to enter into such possession forthwith or from such date as may be specified by him. (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).

(2A) In enforcing the provisions of sub-section (1) or (2) the Consolidation Officer shall, if necessary, put the owners in possession of the holdings to which they are entitled under the scheme and for doing so may, in the prescribed manner, evict any person from any land.

(3) Notwithstanding anything contained in sub-section (2) no owner shall be entitled to possession of any holding allotted to him under the scheme unless he deposits in the prescribed manner within fifteen days of the commencement of the said agricultural year such compensation as is recoverable from his under the scheme.

(4) Where an owner fails to comply with the provisions of sub-section (3) his right in such holding may be allotted in the prescribed manner by the Consolidation Officer to any other person who pays that value of the holding, and in such case the value realized after deducting the expense (hereinafter called the next value) shall be paid to the owner and any other person having an interest in the holding.

(5) 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 value of the holding to the owner and any other person having interest in the holding.

(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.

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 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.

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.

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

(a) no proceedings,—

(i) under section 153 or 155 of the Bombay Land Revenue Code, 1879;

(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; or under the Saurashtra Agricultural Debtor’s Relief Act, 1954;

(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;

(v) for partitioning or sub-dividing in any manner;

(b) no person shall transfer any land in respect of which a notice has been given under sub-section (1) of section 15A to the land owner concerned, except with the previous permission in writing given by the Consolidation Officer in such circumstances and subject to such conditions as may be prescribed.

(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 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 mortgagee or other encumbrancer entitled to possession into possession of the holding to which his mortgage or other encumbrance has been transferred under sub-section (1).

(1) Notwithstanding anything contained in any law for the time being in force, no holding allotted under this Act, nor any part thereof, shall be— (a) transferred, whether by way of sale (including sale in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue) or by way of gift, exchange, or lease, or otherwise, except in accordance with such conditions as may be prescribed; (b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) except with the permission in writing of the collector. (2) Nothing in sub-section (1)— (a) shall apply to a transfer of a holding allotted under this Act where the transfer is of the entire holding, not involving any sub-division thereof, or to a sub-division of a holding allotted under this Act where such sub-division is made to provide for the shares of persons entitled thereto on the death of the owner, and does not create any fragment; or (b) shall be deemed over to have applied to a transfer of a holding allotted under this Act, made after the 19th February, 1969, but before the date of the commencement of the Bombay Prevention of Fragmentation and Consolidation of Holdings, (Gujarat Amendment) Act, 1978 (hereinafter referred to as “the said date”, where such transfer was of an entire holding not involving any sub-division thereof and the transferee or his successor-in-interest was occupying or was in possession of the holding so transferred immediately before the said date and had not been evicted from such holding before the said date in pursuance of an order of eviction passed by the Collector under sub-section (3) of section 9, and such transfer shall not be, and shall be deemed never to have been, void on the ground that it was contrary to the provisions of this section. (3) Where in respect of any holding to which clause (b) of sub-section (2) applies an order for payment of fine by the owner transferring such holding was made by the Collector under sub-section (2) of section 9, or an order for eviction was made under sub-section (3) of section 9 but such order was not given effect to, such order shall be deemed to have become ineffective on the said date and the fine, if paid by the owner, shall be refunded to him. Any revision proceedings pending against any such order which becomes ineffective under this sub-section shall abate.

(1) If after a scheme has come into force it appears to the State Government that the scheme is defective on account of any error other than that referred to in section 31A, irregularity or informality the State Government shall publish a draft of such variation in the prescribed manner. The draft variation shall state every amendment proposed to be made in the scheme. (2) Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing any objection to such variation to the State Government through the Settlement Commissioner. (3) After receiving the objections under sub-sections (2) the State Government may, after making such enquiry as it may think fit, make the variation with without modification or may not make any variation. (3A) If the scheme is varied under sub-section (3), a notification stating that the scheme has been varied shall be published in the Official Gazette and the scheme so varied shall be published in the prescribed manner in the village or villages concerned. (4) From the date of the notification stating that the scheme has been varied the variation shall take effect as if it were incorporated in the scheme.

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

(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 forgoing 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; (cc) The manner of choosing by lot under clause (b) of sub-section (2) of section 8AA; (d) the manner in which the intention to make a scheme shall be published under section 15; (dd) 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; (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) the manner in which a draft scheme of consolition shall be published under sub-section (1) of section 19 in the village or villages concerned ; (ff) the manner of publication of further amended scheme under clause (b) of 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) the manner in which a person may be evicted under sub-section (2A) of section 21 ; (i) the manner in which compensation recoverable from an owner shall be deposited by him under sub-section (3) of section 21 ; (j) the manner in which right of holding may be allotted under sub-section (4) of section 21 ; (k) the form to which a certificate shall be granted under section 24 ; (l) the period within which an application shall be made under clause(b) of sub-section (2) of section 26 ; (m) the guidance of the Consolidation Officer and other officers and persons in respect of the transfer of a mortgage, debt or other encumbrance under sub-section (1) of section 29; (n) the conditions in accordance with which holdings may be transferred under clause (a) of section 31 ; (nn) the manner of publication of an order under section 31 A; (o) the manner of publication of a draft variation under sub-section (1) of section 32 or of a varied scheme under sub-section (3A) thereof; (oo) the manner in which village committees shall be constituted, and the duties and functions to be discharged by them, under section 34 A; (p) 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 ; (q) the manner in which corrections shall be made in the Record of Rights in accordance with a scheme of consolidation ; (r) generally, for the guidance of the Consolidation Officer and other officers and persons in all proceedings under this Act; (s) 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) Rules made under this section, shall be laid before the Legislature of the State at the session thereof a next following and shall be liable to be modified or rescinded by a resolution passed by the Legislature and such rules shall after notification in the Official Gazette, be deemed to have been modified or rescinded accordingly.

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 one 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 right, privilege, obligation, liability or penalty as aforesaid may be instituted, continued or enforced, and any such penalty may be imposed as if the Bombay Prevention of Fragmentation and Consolidation of Holdings, (Extension and Amendment) Act, 1958, had not been passed : Provided that subject to the preceding proviso anything 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 of 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, alienated or sub-divided) under any such repealed law shall be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

Province” by the Adaptation of Laws Order, 1950.

Adaptation of Laws Order, 1950.

This Portion was added by Bom. 61 of 1958, s. 3 (9) (a). 42. This word was substituted for word “Crown” by the Adaptation of Laws Order, 1950.

with the figures and words “1317 Fasli.” were omitted by the Gujarat

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

figure “or of sub-section (1)” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

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. 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.

added, by Bom. 61 of 1958 s. 3(12).

Concurrent subjects) Order, 1960.

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

51. These words were substituted for the words “ or taluka ” by Bom. 61 of 1958,

s. 3(13). 52. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 53. These words were inserted by Bom. 61 of 1958, s. 3 (13).

s. 3(13).

Order, 1950.

(13).

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.

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

figure, “or of sub-section (1)” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

the figures and word “1309 Fasli” was omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 59. This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order 1950. 60. Section 18 was substituted for the original by Bom. 61 of 1958, s. 3 (15). 61. This section was substituted for the original by Bom. 33 of 1959, s. 2. 62. Sub-section (1), (2) and (2A) were substituted for the original sub-section (1) and (2) by Bom. 69 of 1953, s. 7 (1). 63. These brackets, figures and word were substituted for the word, brackets and figure “on (3) ” by Bom. 33 of 1956, s. 3.

Order 1950.

and (2) by Bom. 69 of 1953, s. 7 (1).

figure “on (3) ” by Bom. 33 of 1956, s. 3.

ending with the words “and elsewhere” was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Revenue Code, 1954 or as the case may be under Chapter VIII of the Hyderabad Land Revenue Act, 131 Fasli” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 68. These words were substituted for the words and figures “Bombay Tenancy Act, 1939”, by Bom. 61 of 1958, s. 3(17). 69. These words were substituted for the words and figures “proceedings under sections 153 and 155 of Bom. V of 1879”, by Bom. 69 of 1953, s. 8(2). 70. This clause was substituted for the original, by Bom. 69 of 1953, s. 8 (1). 71.

1939”, by Bom. 61 of 1958, s. 3(17).

sections 153 and 155 of Bom. V of 1879”, by Bom. 69 of 1953, s. 8(2).

Concurrent Subjects) Order, 1960.

Clause (ii) was substituted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

1956” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 74. Clause (iiia) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 75. Clause (v) was inserted by Bom. 61 of 1958, s. 3(18). 76. Clause (b) was substituted by Guj. 25 of 1982, s. 2. 77. These words, figures and letter was inserted by Bom. 69 of 1953, s. 9.

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

Concurrent Subjects) Order, 1960.

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

84. These words were substituted for the words and figures “Bombay Tenancy and Agricultural Lands Act, 1948” by Bom. 61 of 1958, s. 3 (19). 85. These words were substituted for the words “said Act” by Bom. 61 of 1958. 86. This clause was inserted by Bom. 61 of 1958, s. 3 (20). 87. This clause was substituted for the original by Bom. 69 of 1953, s. 12. 88. This portion was inserted by Bom. 61 of 1958, s. 3 (20). 89.

Agricultural Lands Act, 1948” by Bom. 61 of 1958, s. 3 (19).

Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1860.

The words and figures “ or as the case may be, of section 28 or section 43 of the Hyderabad Land Acquisition Act, 1309 Fasli” were omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1860. 91. This section was substituted for the original by Bom. 33 of 1956, s. 4. 92. Section 31 was renumbered as sub-section (1) by Guj. 9 of 1979, s. 2. 93. This word was substituted for the words “ State Government ” by Guj. 9 of 1979, s. 2 (i).

s. 2 (i).

95. This section was inserted by Bom. 33 of 1956, s. 5. 96. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 97. These brackets, words, figures and letter were inserted by Bom. 33 of 1956, s. 6 (1).

Order, 1950.

(1).

1956, s. 6 (2).

100. These words were substituted for the words “making the variation”, by Bom. 33 of 1956, s. 6 (4). 101. Section 34A was inserted by Bom. 61 of 1958, s. 3 (21).

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII 102.

of 1956, s. 6 (4).

Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII

Order 1950.

The words (a) “or the Commissioners in respect of such matters as the State Government may be general or special order specify in this behalf” (b) “or himself as the case may be” and (c) “or as the case may be” were deleted by Guj. 15 of 1964, s. 4 Sch.

106. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. 107. Clause (cc) was inserted by Bom. 61 of 1958, s. 3 (24).

Order, 1950.

Bom. 61 of 1958, s. 3 (24).

110. This clause was inserted by Bom. 33 of 1956, s. 7 (1). 111. These brackets, figure and letter were substituted for the brackets and figure “(2)” by Bom. 69 of 1953, s. 13 (1).

“(2)” by Bom. 69 of 1953, s. 13 (1).

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

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

117. These words were substituted for the words “each of the Houses of the State Legislature” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 118.

Legislature” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Section 38 was added by Bom. 61 of 1958, s. 3 (25). 120. These words were substituted for the word “State” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.