The Telangana Prevention of Fragmentation and Consolidation of Holdings Act, 1956
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
3. Determination of Local Area
The Government may, after such inquiry as it deems fit, by notification in the Official Gazette, specify a village or taluka or any part thereof as a local area for the purposes of this Act.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
4. Settlement of standard areas
(1) The Government may, after such inqurry as it deems fit and after consultation with the Land Commission established under section 87A of the Telangana Tenancy and Agricultural Lands Act 1950, or such other authority as it may deem fit provisionally settle for any class of land in any local area the minimum area that can be cultivated profitably as a separate plot. (2) The Government shall, by notfiication 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.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
5. Determination and revision of standard area
(1) The Government shall, after considering the objections, if any, received within four 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. (2) The Government may, at any time, if it deems it 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). (3) The 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).
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
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 in the Record of Rights, or where there is no Record of Rights in such village record as the 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 under the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 F. of an entry in the register of mutations.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
8. Repealed by A.P. Act XX of 1959.
Repealed by A.P. Act XX of 1959.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
9. Restriction on partition of land
(1) Where by transfer, decree, succession or otherwise, two or more persons are entitled to shares in an undivided property, and such property has to be divided among them, such partition shall be effected so as not to create a fragment. (2) Where such sub-division or partition is made by the Court or the Collector, the following procedure shall be adopted:- (a) If, in effecting a partition of property 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 13. (3) Where a partition is effected in execution of a decree all questions relating to the division 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).
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
10. Sections 7, 8 and 9 not to apply to transfer for public purpose.
Nothing in sections 7, 8 and 9 shall apply to a transfer of any land for such public purpose as may be specified in this behalf by the Government by notification in the Official Gazette.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
11. 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 exceeding Rs. 500 as the Collector may, subject to the general orders of the Government, direct. Such fine shall be recoverable as arrears of land revenue. (3) 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.
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
13. Determination of compensation for purposes of section 12.
In determining the compensation for the purposes of section 12, the Collector shall have regard to the provisions of section 18 of the Hyderabad Land Acquisition Act, 1309 Fasli (IX of 1309 Fasli).
Chapter II Determination of Local and Standard Areas and Treatment of Fragments.
14. Fragment not to be sold at court sale or created by such sale.
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 recognised sub-division of a survey number and no land shall be sold at such sale so as to leave a fragment.
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