The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act

The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act

General194755 sections6 chapters

This Act regulates land ownership in Maharashtra to prevent the division of agricultural plots into smaller, unprofitable pieces known as fragments. It applies to all landowners in the state and sets minimum standard area sizes for profitable cultivation. The law prohibits the creation of new fragments and restricts the transfer or lease of existing small plots to ensure they are consolidated. By mandating the amalgamation and redistribution of holdings, the legislation aims to improve agricultural productivity and make farming more efficient for landholders.

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement
  2. 2Definitions

Chapter II DETERMINATION OF LOCAL AND STANDARD AREAS AND TREATMENT OF FRAGMENTS →

  1. 3Determination of local areas
  2. 4Settlement of standard areas
  3. 5Determination and revision of standard areas
  4. 6Entry in the Record of Rights
  5. 7Transfer and lease of fragments
  6. 8Fragmentation prohibited
  7. 8ASections 7 and 8 not to apply to transfer for public purpose
  8. 8BSections 7, 8 and 8AA not to apply to land situated in certain areas
  9. 8AARestriction on partition of land
  10. 9Penalty for transfer or partition contrary to provisions of Act
  11. 10Transfer of fragment to Government
  12. 11Partition of estate assessed to payment to revenue of Government or separation of share thereof
  13. 12Determination of compensation for purposes of section 10
  14. 13Amendment to other Land Revenue Acts
  15. 14Fragment not to be sold at Court sale or created by such sale

Chapter III PROCEDURE FOR CONSOLIDATION →

  1. 15Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings
  2. 15APreparation of scheme and principles to be followed in its preparation
  3. 16Scheme to provide for compensation
  4. 17Amalgamation of public roads etc., within scheme for consolidation of holdings
  5. 18Land reserved for public purpose
  6. 19Publication of draft scheme and of amended draft scheme
  7. 20Confirmation of draft scheme or amended draft scheme
  8. 21Enforcement of scheme
  9. 22Coming into force of scheme
  10. 23Certain laws no ban on transfer of holdings
  11. 24Certificate of transfer
  12. 25Loans to assist consolidation

Chapter IV EFFECT OF CONSOLIDATION PROCEEDINGS AND OF CONSOLIDATION OF HOLDINGS →

  1. 26Exercise by Consolidation Officer of powers under certain Acts
  2. 27Stay of [certain proceedings]; ban on transfer of land during continuance of consolidation proceedings
  3. 28Rights in holdings
  4. 29Transfer of encumbrances
  5. 29AConsolidation Officer to decide whether lease should be transferred or not
  6. 30Apportionment of compensation or net value in case of dispute
  7. 31Restrictions on alienation and sub-division of consolidated holdings
  8. 31ACorrection of clerical and arithmetical mistakes in scheme
  9. 31AAValidation of certain transfers, partitions and sub-divisions made before 15th November 1965
  10. 31ABValidation of certain transfers or sub-divisions made on or after 15th November 1965 and before commencement of Mah. XLI of 1977
  11. 32Power to vary scheme on ground of error, irregularity, informality
  12. 33Power to vary or revoke scheme
  13. 33APower of State Government to revoke confirmed scheme

Chapter IV POWERS AND PROCEDURE OF CONSOLIDATION OFFICERS →

  1. 33BRight of entry
  2. 33CPower to summon persons to give evidence and produce documents
  3. 33DForms of summons and mode of serving it
  4. 33EPenalty for not complying with summons

Chapter V GENERAL →

  1. 34Vesting of powers of Settlement Commissioner
  2. 34AConstitution of village committees
  3. 35Power of State Government or Commissioner to call for proceedings
  4. 36Appeal and revision
  5. 36ABar of jurisdiction
  6. 36BSuits involving issues required to be decided under this Act
  7. 36CIndemnity
  8. 37Rules
  9. 38Repeals and savings

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