(1) Any owner of a fragment may transfer it to the 39[State Government] on 40[payment by the State Government] of such compensation to persons possessing interest therein as the Collector may determine and thereupon the fragment shall vest absolutely in the 39[State Government] free from all encumbrances 41[but no such fragment shall be transferred to the State Government unless it is first offered to the owner of a contiguous survey number or recognised sub-division of a survey number on payment of the compensation determined by the Collector as aforesaid and such owner has refused to purchase the fragment on payment of such compensation].
(2) Any such fragment may be disposed of in accordance with the provisions of section 117-B of the Bombay Land Revenue Code, 1879 43[* * *].
11. [Partition of estate assessed to payment of revenue to Government or separation of share thereof]. Deleted by Bom. LXI of 1958, s. 3 (10).
12. In determining the compensation for the purposes of section 10 the Collector shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894 44[45[or, as the case may be, of sub-section (1)] of that section in it’s a application to the Saurashtra area of the State of Bombay under the Land Acquisition Act, 1894 (Adaptation and Application) Ordinance, 1948,] 46[ * * * ]
13. 47[(1)] In sections 117A and 117B of the Bombay Land Revenue Code, 1879, the following shall be inserted at the commencement of the said sections, namely :- “Subject to the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.” 48[ * * * ] 49[ * * * ] 50[14. Notwithstanding anything contained in any law for the time being in fore, 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 recognized sub-division of a survey number and no land shall be sold at such sale so as to leave a fragment.]
CHAPTER III PROCEDURE FOR CONSOLIDATION Transfer of fragment to 42[Government.]
Bom V of 1879.
Determination of compensation for purpose of section
10.
1 of 1894.
Sau. Ord.
Xxi of
1948.
Amendent of section 117A and 117B of Bom. V of
1879.
Bom. V of 1879.
Bom. LXII of 1947.
Fragment not to be sold at Court sale or created by such sale.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
15. With the object of consolidating holdings in any village, mahal, 51[taluka or tahsil] or any part thereof for the purpose of better cultivation of lands therein, the 52[State] Government may 53[of its own motion or on an application made in that behalf] declare by a notification in the Official Gazette and by publication in the prescribed manner in the village or villages concerned its intention to make a scheme for the consolidation of holdings in such village or villages or part thereof as may be specified. On such publication in the village concerned the 52[State] Government may appoint a Consolidation Officer who shall proceed to prepare 54* * * a scheme for the consolidation of holdings in such village or villages or part thereof, as the case may be 55[in the manner hereinafter provided.]