(1) This Act may be called the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.
2[(2) It extends to the whole of the 3[State of Gujarat].
(3) It shall come into force in such areas and such date as the 4[State] Government may by notification in the Official Gazette direct.
2. In this Act, unless there is anything repugnant in the subject or context- Short title,extent and commencement.
Definitions.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
(1) “agricultural year” means the year commencing on the first day of April;
(2) “Consolidation of holdings” means the amalgamation and where necessary the redistribution of holdings or portions of holdings in any village, mahal or taluka or any part thereof so as to reduce the number of plots in holdings ;
(3) “Consolidation Officer” means an officer appointed as such under section 17 by the 5[State] Government and includes any person authorised by the 5[State] Government to perform all or any of the functions of the Consolidation Officer under this Act;
6[3A) “Co-operative Society” means a co-operative society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 ; [7 * * * * * ;] ]
(4) “fragment” means a plot of land of less extent than the appropriate standard area determined under this Act :
Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its, area by diluvion ;
(5) “land” means agricultural land, whether alienated or unalienated ;
(6) “local area” means any area notified as such in the Official Gazette under section 3 ;
8[ * * * * * ]
(8) “Owner” means in the case of unalienated land the occupant 9[or tenure-holder] and when such land has been mortgaged owner means the mortgagor; in the case of alienated land owner means the superior holder 10[or Girasdar];
11[ * * * * * ]
Explanation.- In this clause the expression “Girasdar” shall have the meaning assigned to it in the Saurashtra Land Reforms Act, 1951].
(9) “prescribed” means prescribed by rules made under this Act;
12[(9a) “relevant Code” means- 13[(a) in the Kutch area of the State of Gujarat, the Bombay Land Revenue Code, 1879 as applied to that area and in the rest of the State of Gujarat, the Bombay Land Revenue Code, 1879;]
14[ * * * * * ] (9b) “relevant tenancy law” means- Bom.VII of 1925.
Sau. Act XXV of
1951.
Bom..V of 1879.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII 15[(a) in the Bombay area of the State of Gujarat, the Bombay Tenancy and Agricultural Lands Act, 1948 and in the Kutch area of that State, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) Act, 1958, in its application to the Kutch area of the State;]
16[ * * * * * ]
(d) in the Saurashtra area of the 17[State of Gujarat], the Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953 and the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 ;
(9c) “Settlement Commissioner” includes a Commissioner of Survey Settlement; ]
(10) “Standard area” in respect of any class of land means the area which the 18[State] Government may from time to time determine under section 5 as the minimum area necessary for profitable cultivation in any particular local area, and includes a standard area revised under the said section;
19[(10a) “village committee” means a village committee constituted under section 34A;]
(11) words and expressions used in this Act, but not defined have the meaning assigned to them in the 21[relevant Code];
20[(12) any reference in this Act to the Bombay Land Revenue Code, 1879, shall, where the context so requires, be construed as reference to that Code as applied to the 22[Kutch area of the State of Gujarat.]
CHAPTER II DETERMINATION OF LOCAL AND STANDARD AREAS AND TREATMENT OF FRAGMENTS
3. The 23[State] Government may, after such inquiry as it deems fit, by notification in the Official Gazette, specify a village, mahal or taluka 24[or tahsil] or any part thereof as a local area for the purposes of this Act.