(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 made 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 84[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 85[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 die to the Settlement Commissioner within the prescribed time.]
30. 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;
86(aa) the amount of compensation determined under section 18;]
87(b) the net value realized or payable under sub-section (4) or (5) of section 21;]
(b) the total amount of compensation determined under sub-section (2) of section 29, Consolidati on Officer to decide whether lease should be transferred or not.
Apportionment of compensation or net value in case of dispute.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII the Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the amount of the compensation or 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, 88[89[or, as the case may be, ] the said provisions of that Act as applied to the Saurashtra area by the Land Acquisition Act, 1894 (Adaptation and Application) Ordinance, 1948 90[ * * * * ] shall, so far as may, apply.;
91[31. 92[(1)] Notwithstanding anything contained in any law for the time being in force, no holding allotted under this Act, nor any part thereof, shall be-
(a) 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, or lease, or otherwise, except in accordance with such conditions as may be prescribed ;
(b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) except with the permission in writing of the 99[collector].
93(2) Nothing in sub-section (1)-
(a) shall apply to a transfer of a holding allotted under this Act where the transfer is of the entire holding, not involving any sub-division thereof, or to a sub-division of a holding allotted under this Act where such sub-division is made to provide for the shares of persons entitled thereto on the death of the owner, and does not create any fragment ; or
(b) shall be deemed over to have applied to a transfer of a holding allotted under this Act, made after the 19th February, 1969, but before the date of the commencement of the Bombay Prevention of Fragmentation and Consolidation of Holdings, (Gujarat Amendment) Act, 1978 (hereinafter referred to as “the said date”, where such transfer was of an entire holding not involving any sub-division thereof and the transferee or his successor-in-interest was occupying or was in possession of the holding so transferred immediately before the said date and had not been evicted from such holding before the said date in pursuance of an order of eviction passed by the Collector under sub-section (3) of section 9, and such transfer shall not be, and shall be deemed never to have been, void on the ground that it was contrary to the provisions of this section.
(3) Where in respect of any holding to which clause (b) of sub-section (2) applies an order for payment of fine by the owner transferring such holding was made by the Collector under sub-section (2) of section 9, or an order for eviction was made under sub-section (3) of section 9 but such order was not given effect to, such order shall be deemed to have become ineffective on the said date and the fine, if paid by the owner, shall be refunded to him. Any revision proceedings pending against any such order which becomes ineffective under this sub-section shall abate.]
I of 1894.
Sau Ord.
XXI of
1948.
Restrictions on alienation and subdivision of consolidated holdings.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII 95[31A. 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 his prescribed manner. ]