(1) The State Government may recover as cost or they may fix from the land owners of the Unit consolidation towards the' cost of the operations conducted under opera'ion.
this Act :
provided that the aforesaid amount shall not be fixed at a rate exceeding ten rupees per acre and sh:rll be recovered in five equal annual instalmeats. , . , .
(2) An amount payable as costs under this, se;ctibn shall be . .recoverable , , as a public demand.
1. 1n;rted by thcorissa ons solid at ion of'.kbldings and ~ r e v ~ t i o n of Fragmentation olLand (Amendment) Act. 197G(Or. Act 15 of197G)~s. 7. '
CHAPTER V PREVENTION OF FRAGMENTATION A plication o f this 333 This Chapter shall apply to an area in resgect Chapter. 0f~hi~han0tificationunders~ction41 hasbeenissued- Prevcntion ot framen- 34. ( I ) . No agricultural 1and.h a locality.shal1 be tation,, tranqferred.or partitioned so as to create a fragment.
(2) No fragment shaIl be transferred except, to.
a.land-owner~of a contiguoushChaka :
Provided that a fragment may be mortgaged or transferred in farour of the! State Goverrlm&nt, a co-opera tive society, a scheduled .bank- within the meaning of the Reserve ,Bank of India. Act, 1934 or of1934 such other financial institution a5 may be notified by the- State Government indthat! behaif' as security for the- loan advanced by such Government, Society, Bank or Institution, as the case may be.
(3) When a person intending to transfer a fragment is unable to do so owing to restrictions imposed under sub-section (21, he may apply in the prescribed:rnanner. tb.the Tahasiidar ofthe:IocaIity for this purpose whereupon, the TabasiIdar sha 11, as far as practicable within forty-five, days: from receipt oftheapplieatirm aeterrnin~ the;markat!v~\ue of the fgagment and sell it thmugh;an , auction .among the 1hrid':owners oA wntiguous Ch'akas at- a. value not less than tfre:-,marJtet value,. so determined.
(4)- When the frag ment'is trot sold 'ijlr , course of the auction, it may be transferred ' ' to- the State Governmenti and- the- State. Government, shall, on paymenG of thet market - ,vgIue determid. under. sub:
section (31, purchase the same and thereupon; .the fragment shall vest in the State Government free from a31 encumbrances.
(5)1 Nothing- in sub-sections (1)' and' (2'). shall a& to a tiansfer of any land, for such., poblic purposes as may be specified by notification inA this liehalf bythe State:Gbvernrnent.
Consquen- 3'5.. (I), A. transfer or partition; in contravention wsof trans- of lhe provisiotis of sectlon 34'stiall be void; ftr or partrtion contrary to provisions (j, A- person! occupyiirg, or in possession.of any or section 34. land by virtue of-a transfer or partition which is 'void under tlie ,provisions of this Act, may be summarily etiiitkd%y, tfie;Cblkcfor;