(1) The 106[State] Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the forgoing power the 106[State] Government may make rules, providing for,-
(a) the manner of publication under sub-section (2) of section 4;
(b) the manner of giving public notice under sub-section (3) of section 5;
Power of 102[State Government] 103[ * ]to call for proceedings.
Appeal of revision.
Bar of jurisdiction.
Suits involving issues required to be decided under this Act.
Indemnity.
Rules.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
(c) village records in which fragments shall be entered under sub-section (1) of section 6;
107[(cc) The manner of choosing by lot under clause (b) of sub-section (2) of section 8AA;]
(d) the manner in which the intention to make a scheme shall be published 108 [ * * * ] under section 15;
109[(dd) the statement, records and maps to be included in the scheme of consolidation and the procedure and other matters to be observed in the preparation of the scheme under section 15 A;]
(e) the manner of publication under sub-section (2) of section 17 of a declaration made under sub-section (1) of the said section ;
(f) the manner in which a draft scheme of consolition shall be published under sub-section (1) of section 19 in the village or villages concerned ;
110[(ff) the manner of publication of further amended scheme under clause (b) of sub-section (2) of section 20 ; ]
(g) the manner of publication of a scheme under sub-section (1) of section 21, on its being confirmed ;
(h) the manner in which a person may be evicted under sub-section 111[ (2A) ] of section 21 ;
(i) the manner in which compensation recoverable from an owner shall be deposited by him under sub-section (3) of section 21 ;
(j) the manner in which right of holding may be allotted under sub-section (4) of section 21 ;
(k) the form to which a certificate shall be granted under section 24 ;
(l) the period within which an application shall be made under clause(b) of sub-section (2) of section 26 ;
(m) the guidance of the Consolidation Officer and other officers and persons in respect of the transfer of a 112[*] mortgage, debt or other encumbrance under sub-section (1) of section 29;
(n) the conditions in accordance with which holdings may be transferred under clause (a) of section 31 ;
113[(nn) the manner of publication of an order under section 31 A];
(o) the manner of publication of a draft variation under sub-section
(1) of section 32 114[or of a varied scheme under sub-section (3A) thereof];
115[(oo) the manner in which village committees shall be constituted, and the duties and functions to be discharged by them, under section 34 A];
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
(p) the manner in which the area and assessment (including water rate, if any) of each reconstituted holding or part of such holding shall be determined ;
(q) the manner in which corrections shall be made in the Record of Rights in accordance with a scheme of consolidation ;
(r) generally, for the guidance of the Consolidation Officer and other officers and persons in all proceedings under this Act;
(s) any other matter which is to be or may be prescribed.
(3) All rules made under this section shall be subject to the condition of previous publication.
116[(4) Rules made under this section, shall be laid before 117[the Legislature of the State] at the session thereof a next following and shall be liable to be modified or rescinded by a resolution 118[passed by the Legislature] and such rules shall after notification in the Official Gazette, be deemed to have been modified or rescinded accordingly.]
119[38. On the commencement of this Act in that part of the 120[State of Bombay] to which it is extended by the Bombay Prevention of Fragmentation and Consolidation of Holdings (Extension and Amendment), Act, 1958, the following provisions shall be repealed, namely :-
(i) the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956 ;
(ii) Chapter II of the Saurashtra Fragmentation and Regulation of Holdings Act,1954 ;
(iii) Chapter XVI of the Madhya Pradesh Land Revenue Code, 1954 :
Provided that such repeal shall not affect,-
(a) the previous operation of any law so repealed, or anything duly one or suffered thereunder ; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed ; or
(c) any penalty incurred in respect of anything done against any law so repealed ;
and any investigation, proceedings or remedy in respect of any such right, privilege, obligation, liability or penalty as aforesaid may be instituted, continued or enforced, and any such penalty may be imposed as if the Bombay Prevention of Fragmentation and Consolidation of Holdings, (Extension and Amendment) Act, 1958, had not been passed :
Provided that subject to the preceding proviso anything done or any action taken (including any appointment or delegation made, notification, order or notices, issued, rule, regulation or form framed, scheme framed or confirmed, standard areas laid down, Repeals and savings.
Bom. LXI of
1958.
Hyd. Act Xi of 1956.
Sau. Act. XII of 1954.
M.P. Act II of
1955.
Bom. LXI of
1958.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII fixed or revised, transfer, or lease of fragment, valuation thereof, partition of an undivided estate, or entry in the record of rights, made, amount of compensation determined, certificate granted, consolidated holdings duly transferred, alienated or sub-divided) under any such repealed law shall be deemed to have been done or taken under the corresponding provision of this Act, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.]
--------------------- +. The Act was extended to the part of the State of Bombay to which immediately before the commencement of Bom. 61 of 1958 it did not extend (vide Bom. 61 of 1958, s. 2.)
1. For Statement of Objects and Reasons, see Bombay (Government Gazette, 1946, Part V, page 139; for Report of the Select Committee, see Bombay (Government Gazette, 1946, Part V, page 139; 1947, Part V, page 195; for proceedings in Assembly see Bombay Legislative Assembly Debates 1947, Vol. X and Vol. XI, and for Proceedings in Council see Bombay Legislative Council Debates, 1947, Vol. XIII.
2. This sub-section was substituted for the origin by Bom. 61 of 1958. s. 3(1).
3. These words were substituted for the words “State of Bombay” by the Gujarat Adaptation of Laws Order, 1960.
4. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
5. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
6. This clause was inserted by Bom. 69 of 1953, s. 2.
7. The words from “ or that Act ” to “ region of the State ” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8. Clause (7) was deleted by Bom. 61 of 1958, s. 3 (2) (b).
9. These words were inserted by Bom. 61 of 1958, s. 3 (2) (c).
10. These words were added, by Bom. 61 of 1958, s. 3 (2) (b).
11. This proviso was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
12. Clauses (9a) to (9c) were inserted by Bom. 61 of 1958, s. 3(2) (d).
13. Clause (a) was substituted for original by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
14. Clause (b) and (c) were omitted, ibid.
15. Clauses (a) was substituted for original, ibid.
16. Clauses (b) and (c) were omitted, ibid.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
17. These words were substituted for the words “State of Bombay.” ibid.
18. This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
19. This clause was inserted by Bom. 61 of 1958, s. 3 (2) (e) and (g).
20. These words were substituted for the words and figures “Bombay Land Revenue Code 1879” by Bom. 61 of 1985, s. 3 (2) (f).
21. This clause was inserted, by Bom. 61 of 1985, s. 3 (2) (g).
22. These words were substituted for the words “Kutch and Saurashtra areas of the State of Bombay” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
23. This word was substituted for the word “Provincial” by the Adaptation of Laws Ordr, 1950.
24. These words were inserted, by Bom. 61 of 1958, s. 3 (4).
25. These words were insder by Bom. 61 of 1958, s. 3 (4).
26. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
27. The words and figures “in the Hyderabad area of the State under the Hyderabad Record of Rights in Land Regulation, 1358, Fasli and elsewhere” were Omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
28. These words were substituted for the words “unless” thereby the fragment becomes merged in” by Bom. 69 of 1953, s. 3 (1).
29. This proviso was added, by Bom. 69 of 1953, s. 3 (2).
30. These words was substituted for the words and figures “the Bombay Tenancy Act, 1939.” by Bom. 61 of 1958, s. 3 (6).
31. Section 8AA was inserted, by Bom. 61 of 1958, s. 3 (7).
32. These words were substituted for the words “ or of that section ” by the Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1960.
33. The words and figures “ or as the case may be, section 18 of the “Hyderabad Land Acquisition Act, 1309 Fasli.” were omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1960.
34. Section 8A was inserted by Bom. 69 of 1953, s. 4.
35. The figures, word and letter were substituted for the word and figure “and 8” by Bom. 61 of 1958, s 3 (8).
36. The word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
37. These words were added by Bom. 69 of 1953, s. 5 (1).
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
38. This sub-section was added, by bom. 69 of 1953, s. 5 (2).
39. These words were substituted for the words “Crown for the purposes of the Province” by the Adaptation of Laws Order, 1950.
40. These words were substituted for the words “payment by the Crown,” by the Adaptation of Laws Order, 1950.
41. This Portion was added by Bom. 61 of 1958, s. 3 (9) (a).
42. This word was substituted for word “Crown” by the Adaptation of Laws Order,
1950.
43. The portion beginning with the words and figures “or section 158” and ending with the figures and words “1317 Fasli.” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
44. These words were added, by Bom. 6 of 1958, 3 (11).
45. These words, brackets and figure were substituted for the words, brackets and figure “or of sub-section (1)” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
46. The portion beginning with the words “ or, as the case may be ” the ending with the figures and word “1309 Fasli,” was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
47. Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added, by Bom. 61 of 1958 s. 3(12).
48. Sub-section (2) was omitted by the Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960.
49. Sub-section (3) was omitted, by the Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960.
50. This section was sub-stituted for the original by Bom. 69 of 1953., s. 6.
51. These words were substituted for the words “ or taluka ” by Bom. 61 of 1958, s. 3(13).
52. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
53. These words were inserted by Bom. 61 of 1958, s. 3 (13).
54. The words “in the prescribed manner” were deleted, by Bom. 61 of 1958, s. 3
(13).
55. These words were added, by ibid.
56. Section 15-A was inserted, by ibid.
57. These words, brackets and figure were substituted for the words, brackets and figure, “or of sub-section (1)” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
58. The portion beginning with the words “ or as the case may be ” and ending with the figures and word “1309 Fasli” was omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
59. This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order 1950.
60. Section 18 was substituted for the original by Bom. 61 of 1958, s. 3 (15).
61. This section was substituted for the original by Bom. 33 of 1959, s. 2.
62. Sub-section (1), (2) and (2A) were substituted for the original sub-section (1) and (2) by Bom. 69 of 1953, s. 7 (1).
63. These brackets, figures and word were substituted for the word, brackets and figure “on (3) ” by Bom. 33 of 1956, s. 3.
64. Sub-section (5) was added by Bom. 69 of 1953, s. 7 (2).
65. This portion was added by Bom. 61 of 1958, s. 3 (16).
66. The portion beginning with the words “in the Hyderabad area of the State ” and ending with the words “and elsewhere” was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
67. The words and figures “or under Chapter X by the Madhya Pradesh Land Revenue Code, 1954 or as the case may be under Chapter VIII of the Hyderabad Land Revenue Act, 131 Fasli” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
68. These words were substituted for the words and figures “Bombay Tenancy Act, 1939”, by Bom. 61 of 1958, s. 3(17).
69. These words were substituted for the words and figures “proceedings under sections 153 and 155 of Bom. V of 1879”, by Bom. 69 of 1953, s. 8(2).
70. This clause was substituted for the original, by Bom. 69 of 1953, s. 8 (1).
71. Clauses (ia) and (ib) were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
72. Clause (ii) was substituted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
73. The words and figures “or under the Hyderabad Agricultural Debtors Relief Act, 1956” were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
74. Clause (iiia) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
75. Clause (v) was inserted by Bom. 61 of 1958, s. 3(18).
76. Clause (b) was substituted by Guj. 25 of 1982, s. 2.
77. These words, figures and letter was inserted by Bom. 69 of 1953, s. 9.
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
78. The word “lease” was deleted, by Bom. 69 of 1953, s. 10 (1).
79. These words were inserted, by Bom. 69 of 1953, s. 10 (2).
80. The word “lessee” was deleted by Bom. 69 of 1953, s. 10 (1).
81. The word “lease” was deleted by Bom. 69 of 1953, s. 10 (1).
82. The word “lessee” was deleted by Bom. 69 of 1953, s. 10 (1).
83. Section 29A was inserted, by Bom. 69 of 1953, s. 11.
84. These words were substituted for the words and figures “Bombay Tenancy and Agricultural Lands Act, 1948” by Bom. 61 of 1958, s. 3 (19).
85. These words were substituted for the words “said Act” by Bom. 61 of 1958.
86. This clause was inserted by Bom. 61 of 1958, s. 3 (20).
87. This clause was substituted for the original by Bom. 69 of 1953, s. 12.
88. This portion was inserted by Bom. 61 of 1958, s. 3 (20).
89. These words were substituted for the words “ or the said provisions ” by the Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1860.
90. The words and figures “ or as the case may be, of section 28 or section 43 of the Hyderabad Land Acquisition Act, 1309 Fasli” were omitted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1860.
91. This section was substituted for the original by Bom. 33 of 1956, s. 4.
92. Section 31 was renumbered as sub-section (1) by Guj. 9 of 1979, s. 2.
93. This word was substituted for the words “ State Government ” by Guj. 9 of 1979, s. 2 (i).
94. Sub-section (2) was inserted, by Guj. 9 of 1979, s. 2 (ii).
95. This section was inserted by Bom. 33 of 1956, s. 5.
96. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
97. These brackets, words, figures and letter were inserted by Bom. 33 of 1956, s. 6
(1).
98. The words “by notification in the Official Gazette” were deleted, by Bom. 33 of 1956, s. 6 (2).
99. This sub-section was inserted, by Bom. 33 of 1956, s. 6 (3).
100. These words were substituted for the words “making the variation”, by Bom. 33 of 1956, s. 6 (4).
101. Section 34A was inserted by Bom. 61 of 1958, s. 3 (21).
Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom .LXII
102. This word was substituted for the word, “Provincial” by the Adaptation of Laws Order 1950.
103. The words (a) “or the Commissioners in respect of such matters as the State Government may be general or special order specify in this behalf” (b) “or himself as the case may be” and (c) “or as the case may be” were deleted by Guj. 15 of 1964, s. 4 Sch.
104. This proviso was added by Bom. 61 of 1958, s. 3 (22).
105. Section 36A, 36B and 36C were inserted, by Bom. 61 of 1958, s. 3 (23).
106. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
107. Clause (cc) was inserted by Bom. 61 of 1958, s. 3 (24).
108. The words “and the manner of preparation of the scheme” were deleted, by Bom. 61 of 1958, s. 3 (24).
109. Clause (dd) was inserted, by Bom. 61 of 1958.
110. This clause was inserted by Bom. 33 of 1956, s. 7 (1).
111. These brackets, figure and letter were substituted for the brackets and figure “(2)” by Bom. 69 of 1953, s. 13 (1).
112. The word “lease” was deleted by Bom. 69 of 1953, s. 13 (2).
113. This clause was inserted by Bom. 33 of 1956, s. 7 (2).
114. This portion was added, by Bom. 33 of 1956, s. 7 (3).
115. Clause (oo) was inserted by Bom. 61 of 1958, s. 3 (24).
116. Sub-section (4) was added, by Bom. 61 of 1958.
117. These words were substituted for the words “each of the Houses of the State Legislature” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
118. These words were substituted for the words “in which both Houses Concur, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
119. Section 38 was added by Bom. 61 of 1958, s. 3 (25).
120. These words were substituted for the word “State” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.