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Section 32: Power to vary scheme on ground of error, irregularity, informality.

The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act.State Act of Maharashtra · Act 62 of 1947

(1) If after a scheme has come into force it appears to the [Settlement Commissioner] that the scheme is defective on account of an error [(other than that referred to in section 31A)], irregularity or informality the [Settlement Commissioner] shall publish a draft of such variation in the prescribed manner. The draft variation shall state every amendment proposed to be made in the scheme.

(2) Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing any objection to such variation to the [Settlement Commissioner].

(3) After receiving the objections under sub-section (2) the [Settlement Commissioner] may, after making such enquiry as [he may] think fit, * * * * make the variation with or without modification or may not make any variation.

[(3A) If the scheme is varied under sub-section (3), a notification stating that the scheme has been varied shall be published in the Official Gazette and the scheme so varied shall be published in the prescribed manner in the village or villages concerned.]

(4) From the date of the notification [stating that the scheme has been varied] the variation shall take effect as if it were incorporated in the scheme.

Where this provision sits

ActThe Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act.
Section32
Marginal notePower to vary scheme on ground of error, irregularity, informality.
JurisdictionState of Maharashtra
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Mah. 19 of 1966. These words were substituted for the words "State Government" by Mah. 19 of 1966, s. 14(a) and (c)(i).
  • inserted, Bom. 33 of 1956. These brackets, words, figures and letter were inserted by Bom. 33 of 1956, s. 6(1).
  • substituted, Mah. 19 of 1966. These words were substituted for the words "State Government" by Mah. 19 of 1966, s. 14(a) and (c)(i).
  • substituted, Mah. 19 of 1966. These words were substituted for the words "State Government through the Settlement Commissioner" by Mah. 19 of 1966, s. 14(b).
  • substituted, Mah. 19 of 1966. These words were substituted for the words "State Government" by Mah. 19 of 1966, s. 14(a) and (c)(i).
  • substituted, Mah. 19 of 1966. These words were substituted for the words "it may" by Mah. 19 of 1966, s. 14(c)(ii).
  • omitted, Bom. 33 of 1956. The words "by notification in the Official Gazette" were deleted by Bom. 33 of 1956, s. 6(2).
  • inserted, Bom. 33 of 1956. This sub-section was inserted by Bom. 33 of 1956, s. 6(3).
  • substituted, Bom. 33 of 1956. These words were substituted for the words "making the variation" by Bom. 33 of 1956, s. 6(4).

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