Chapter IV EFFECT OF CONSOLIDATION PROCEEDINGS AND OF CONSOLIDATION OF HOLDINGS

(1) During the continuance of the consolidation proceedings the Consolidation Officer shall exercise and discharge the functions of a revenue officer under Chapter IX of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), [or under Chapter X of the Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955), or as the case may be, under Chapter VIII of the Hyderabad Land Revenue Act, 1317 Fasli (Hyd. Act VIII of 1317F)], the Mamlatdars’ Courts Act, 1906 (Bom. II of 1906), and the [relevant tenancy law]; and no revenue officer other than the Consolidation Officer shall take any proceedings under any of the said Acts in respect of any holding or land [or which a notice under section 15A has been given]. (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 proceeding pending before any revenue officer under Chapter IX of the Bombay Land Revenue Code, 1879 (Bom. V of 1879), [or under Chapter X of the Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955), or as the case may be, under Chapter VIII of the Hyderabad Land Revenue Act, 1317 Fasli (Hyd. Act VIII of 1317F)], the Mamlatdars’ Courts Act, 1906 (Bom. II of 1906), and the [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 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.

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 (Bom. V of 1879); [(ia) under section 120 or section 124 of the Hyderabad Land Revenue Act, 1317 Fasli (Hyd. Act VIII of 1317F); (ib) under section 135 of the Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955);] [(ii) for execution of any award made or deemed to be made under the [Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961)]; (iii) for execution of any award made under the Bombay Agricultural Debtors’ Relief Act, 1947 (Bom. XXVIII of 1947) or [under the Hyderabad Agricultural Debtors’ Relief Act, 1956 (Hyd. Act XVI of 1956); [(iiia) for the recovery of a sum due under an agreement registered under the Central Provinces and Berar Debt Conciliation Act, 1933 (C. P. Act II of 1933)]; (iv) for execution of any decree passed by a Civil Court; [(v) 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];

Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall, save as otherwise provided in section 29A, have the same rights in such holding as he had in his original holding: Provided that nothing in this section shall apply to any person to whom a holding has been allotted under the provisions of sub-section (6) of section 21.

(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a 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) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a lease, the Consolidation Officer shall, by an order in writing determine whether such lease shall or shall not be transferred therefrom. 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 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 the provisions of the said law as between the landlord and his tenant: 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.

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; (aa) the amount of compensation determined under section 18; (b) the amount of additional compensation or reduction in compensation determined under sub-section (4), or the net value realised or payable under sub-section (6) or (7) of section 21; (c) the total amount of compensation determined under sub-section (2) of section 29, the Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the amount of the compensation of net value as the case may be, in the Court and thereupon the provisions of sections 33, 53 and 54 of the Land Acquisition Act, 1894 (I of 1894), shall, so far as may, apply.

(1) 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— (i) a municipal corporation is constituted under the Bombay Municipal Corporation Act (Bom. III of 1888), the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949) or the City of Nagpur Corporation Act, 1948 (C. P. and Berar Act II of 1950); or (ii) a municipal council is constituted under the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965); or

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 his order in the prescribed manner.

The transfers or partitions or sub-divisions of any land in contravention of the provisions of this Act made before the 15th 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.

(1) 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 (Mah. XLI of 1977), made on or after the 15th day of November 1965 and before the date of such commencement shall be deemed to be void or ever to have become void merely 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 purpose 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.

(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 (other than that referred to in section 31A), irregularity or informality the 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 may communicate in writing any objection to such variation to the Settlement Commissioner. (3) After receiving the objections under sub-section (2) the Settlement Commissioner may, after making such enquiry as he may think fit, make the variation with or 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 holding 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 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 him 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 him as an arrear of land revenue.