The Prevention of Fragmentation and Consolidated of Holdings (Gujarat Amendment) Act, 1978

This Act may bc ulled the Bonlbay Preventiotl of Fragmen:ation and Short title.

Amendment of section 31 of Bom. LXII of 1947 In the Bombay Prevention of Fragmentatim and Consolidation of Holdings Act, 1947, section 31 shall be renumbered as sub-section

1. (I) of that section, and-
2. (i) in sub-section
3. (I) as so renumbered, in clause (b), for the words "State Governmeht" the word "Cdlector" shall be substituted;
4. (ii) after sub-section
5. (I) as so renumbered, the following sub-sections shall be inserted, namely :- "(2) Notliing in sub-section (1)-

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 subdivision of a hoIding allotted under tlus Act where such sub- division is made to pr~vido for the shares of perstlrls entitled thereto on the death of the owner, and does not create any fragnlcnt; or
2. (b) shalI be deemed ever to have applied to a transfer of a liotditlg allotted under this Act, made after the 19th February, 1969, but before the date of the commencement of thc Bombay Preventio~l of Pragrner~i;~- tion and ConsoIidation 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 ard the transferee or his successor-in-interest was occupying or was in possession of the holdins so transferred immediateIy before the said date and had not been evicled from such holding before the said date in pursuance of an order of eviction passed by the ColIector under sub-section

1. (3) of section 9, and such transfer shall ncli k, and shall be deemed never to have been, void on the ground that it was contrary to the provisions af this section.
2. (3) Where in respect of any hoIding to which clause
   • (b) of sub-seciion (2) applies an order fez payment of fine by the owner transferring such holdi~lg was made by the Collector under sub-seclion
3. (2) of section 9, or an order for eviction was made under sub-section 13) of section 9 hut such csder was not given effect to, such order shatl he deemed to have become itletfectivc on the said date and the finc. if paid by the oilmer, sllall b: refundzd to hirn. Any revisirsl proceedings pcnding against any s-ich order which hecomes ineffective under this sub-section shall abte.". 1. Short title This Act may bc ulled the Bonlbay Preventiotl of Fragmen:ation and Consolidnted c~f Holdings (Gujatat Anwridr~te~~t) Act, 1978. 2. Amendment of section 27 of Bom. LXII of 1947 In tile Bombay Prevention of Fragmentation RII~ C~f~solidation ef Hc>ldil~gs CFT,jcL 5i Born. Lxrr Act, 1947, in section 27, for clause (!)I. the Follo\ving shril! be ntbxtitutcd, of Born. or LXII 0 1047. n:~~nely :- 1947. "(b) no person shnll transfer any land in rcspect of which a riotice has bcen given under sub-section (I] of section 15A to tl~e land owner concerned, exizpt with thc previous pumission it1 11;riling givcil Irj, the Coi~\olidatio~~ Oficc.r in VICII cir~~i~~~~i~~~cts 3.1>! >t~!,j;~i :o ?LICII cL>;~c!~~i ,A :I> :.;a> ;;r:~~t :!);(I.''. 1. Short title and commencement This Act may bc ulled the Bonlbay Preventiotl of Fragmen:ation and Consolidnted c~f Holdings (Gujatat Anwridr~te~~t) Act, 1978. 2. Amendment of section 9 of Bom. LXII of 1947 In the Bombay Prevention of Fragmentatim and Consolidation of Holdings Act, 1947, section 31 shall be renumbered as sub-section
   • (I) of that section, and-
   • (i) in sub-section
   • (I) as so renumbred, in clause (b), for the words "State Governmeht" the word "Cdlector" shall be substituted;
   • (ii) after sub-section
   • (I) as so renumkd, the following sub-sections shall be inserted, namely :- "(2) Notliing in sub-section (I)
   • (a) shall apply to a transfer of a holding allotted under this Act whcre the transfer is of the entire holding, not involving any sub-division thereof or to a subdivision of a hoIding allotted under tlus Act where such subdivision is made to pr~vido for the shares of perstlrls entitled thereto on the death of the owner, and does not create any fragnlcnt; or
   • (b) shalI be deemed ever to have applied to a transfer of a liotditlg allotted under this Act, made after the 19th February, 1969, but before the date of the commencement of thc Bombay Preventio~l of Pragrner~i;~ tion and ConsoIidation 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 artd the transferee cu his successor-in-interest was occupying or was in possession of the holdins so transferred immediateIy before the said date and had not been evicled from such holding before the said date in pursuance of an order of eviction passed by the ColIector under sub-section
4. (3) of section 9, and such transfer shall ncli k, and shall be deemed never to have been, void on the ground that it was contrary to the provisions af this section.
5. (3) Where in respect of any hoIding to which clause
   • (b) of sub-seciion
6. (2) applies an order for payment of fine by the owner transferring such holdi~lg was made by the Collector under sub-seclion
7. (2) of section 9, or an order for eviction was made under sub-section
8. (3) of section 9 but such csder was not given effect to, such order shatl he deemed to have become itletfectivc an the said date and the finc. if paid by the oilmer, sllall b: refundzd to hirn. Any revisirsl proceedings pcnding against any such order which hecomes ineffective under this sub-section shall abte.".