{ "id": 16724, "slug": "bombay-prevention-of-fragmentation-and-consolidation-of-holdings-act-1947", "title": "The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947", "short_title": "The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947", "act_number": "Bombay Act No. 62 of 1947", "act_year": 1947, "act_type": "STATE", "location": "Gujarat", "law_status": "unknown", "enactment_date": null, "description": "The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "1. Short title, extent and commencement.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "2", "title": "2. Definitions.", "chapter": null, "content": "(1) \"agricultural year\" means the year commencing on the first day of April;\n(2) \"Consolidation of holdings\" means the amalgamation and where necessary the redistribution of holdings or portions of holdings in any village, mahal or taluka or any part thereof so as to reduce the number of plots in holdings;\n(3) \"Consolidation Officer\" means an officer appointed as such under Section 15 by the [State] Government and includes any person authorised by the [State] Government to perform all or any of the functions of the Consolidation Officer under this Act;\n[(3A) \"Co-operative Society\" means a co-operative society registered or deemed to be registered under [the Gujarat Cooperative Societies Act, 1961] ; [* * * * *;]\n(4) \"fragment\" means a plot of land of less extent than the appropriate standard area determined under this Act;\n(5) \"land\" means agricultural land, whether alienated or unalienatcd;\n(6) \"local area\" means any area notified as such in the Official Gazette under Section 3;\n[* * * * * ]\n(8) \"owner\" means in the case of unalienated land the occupant [or tenure-holder] and when such land has been mortgaged owner means the mortgagor; in the case of alienated land owner means the superior holder [or Girsadar] ;\n[* * * * *]\n(9) \"prescribed\" means prescribed by rules made under this Act;\n[(9a) \"relevant Code\" means-\n[(a) in the Kutch area of the State of Gujarat, the Bombay Land Revenue Code, 1879 (Bombay V of 1879) as applied to that area and in the rest of the State of Gujarat, the Bombay Land Revenue Code, 1879 (Bombay V of 1879);]\n[* * * * * *]\n(9b) \"relevant tenancy law\" means-\n[(a) in the Bombay area of the State of Gujarat, the Bombay Tenancy and Agricultural Lands Act, 1948 and in the Kutch area of that State, the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch area) Act, 1958, in its application to the Kutch area of the State;]\n[* * * * * *]\n(d) in the Saurashtra area of the [State of Gujarat] , the Saurashtra Prohibition of Leases of Agricultural Lands Act, 1953 (Saurashtra Act XXIII of 1953) and the Saurashtra Gharkhed Tenancy Settlement and Agricultural Lands Ordinance, 1949 (Saurashtra Ordinance LVI of 1949);\n(9c) \"Settlement Commissioner\" includes a Commissioner of Survey Settlement;]\n(10) \"Standard area\" in respect of any class of land means the area which the [State] Government may from time to time determine under Section 5 as the minimum area necessary for profitable cultivation in any particular local area, and includes a standard area revised under the said section;\n[(10a) \"village committee\" means a village committee constituted under Section 34A;]\n(11) words and expressions used in this Act, but not defined have the meaning assigned to them in the [relevant Code] ;\n[(12) any reference in this Act to the Bombay Land Revenue Code, 1879 (Bombay V of 1879), shall, where the context so requires, be construed as reference to that Code as applied to the [Kutch area of the State of Gujarat.]\nChapter II\nDetermination of Local and Standard areas and Treatment of Fragments", "footnote": "", "is_definition": true, "sort_order": 1 }, { "number": "3", "title": "3. Determination of local area.", "chapter": null, "content": "[4.] Settlement of standard areas.", "footnote": "", "is_definition": false, "sort_order": 2 }, { "number": "5", "title": "5. Determination and revision of standard areas.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "6", "title": "6. Entry in the Record of Rights.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "7", "title": "7. Transfer; and lease of fragments.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "8", "title": "8. Fragmentation prohibited.", "chapter": null, "content": "[8A. Sections 7 and 8 not to apply to transfer for public places.", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "8AA", "title": "8AA. Restriction on partition of land.", "chapter": null, "content": "(a) If, in effecting a partition among several co-sharers, it is found that a co-shearer is entitled to a specific share in the land and cannot be given that share without creating a fragment, he shall be compensated in money for that share. The amount of compensation shall be determined so far as practicable in accordance with the provisions of Section 23 of the Land Acquisition Act, 1894 (I of 1894) [or, as the case may be, of that section] in its application to the Saurashtra Area of the State of Bombay under the Land Acquisition Act, 1894 (Adaptation and Application) Ordinance, 1948 (Saurashtra Act XXI of 1948). [**]\n(b) If, in effecting a partition, it is found that there is not enough land to provide for the shares of all the co-sharers in accordance with the provisions of sub-section (1), the co-sharers may agree among themselves as to the particular co-sharer or co-sharers who should get the share of land and which of them should be compensated in money. In the absence of any such agreement, the co-sharers to whom a share of land can be provided and those to whom money compensation should be given shall be chosen by lot in the manner prescribed.\n(c) The compensation shall be payable by each co-sharer in proportion to the excess value of land he gets over the share of land legally due to him, and such co-sharer shall deposit the proportionate amount of compensation in the manner prescribed before taking possession of the share allotted to him. On his failure to do so, his share shall be allotted to any other co-sharer to whom land has not been previously allotted and who is chosen in the manner provided in Clause (b) subject to the payment of similar compensation to the co-sharers not getting shares of land.\n(d) If none of the co-sharers to whom land has been allotted under Clause (c) pays the compensation and takes the share, the share shall be sold in auction to the highest bidder, and the purchase money shall be paid to the co-sharers not getting land in proportion to their respective shares.\n(e) Where the parties agree upon any other method of partition which will not result in the creation of a fragment, that method shall be followed in effecting partition.", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "9", "title": "9. Penalty for transfer or partition contrary to Provisions of the Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "10", "title": "10. Transfer of Fragment to [Government] .", "chapter": null, "content": "11.", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "18", "title": "12. Determination of compensation for the purpose of section 18.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "13", "title": "13. Insertion of sections 117A and 117B of Bombay V of 1879.", "chapter": null, "content": "\"Subject to the provisions of the Bombay Prevention of Fragmentation and consolidation of Holdings Act, 1947.\"\n[14. Fragment not to be sold at Court sale or created by such sale.\nChapter III\nProcedure for Consolidation", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "15", "title": "15. Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings.", "chapter": null, "content": "[15A. Preparation of scheme and principles to be followed in its preparation.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "16", "title": "16. Scheme to provide for compensation.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "17", "title": "17. Amalgamation of public roads, etc. within the scheme for consolidation of holdings.", "chapter": null, "content": "[18. Land reserved for public purposes.\n(a) to direct that any land specifically assigned of any public purpose shall cease to be so assigned and to assign any other land in its place;\n(b) if in any area under consolidation no land is reserved for any public purpose including extension of the village sites, or if the land, so reserved is inadequate, to assign other land for such requirements and for that purpose to effect proportionate cut in all the holdings of the village.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "19", "title": "19. Publication of draft scheme.", "chapter": null, "content": "[20. Confirmation of the scheme.\n(a) the Settlement Commissioner after considering the objections approves the draft scheme or the amended scheme, he shall submit the draft scheme, or as the case may be, the amended scheme to the State Government together with the objections received thereto, or\n(b) the Settlement Commissioner, after considering the objections, further amends the scheme, the Settlement Commissioner shall publish the further amended scheme in the prescribed manner.\n(a) no objections are received thereto, the Settlement Commissioner shall confirm the scheme, and\n(b) if any objections arc received, then the Settlement Commissioner shall submit such further amended scheme to the State Government together with the objections received thereto.", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "21", "title": "21. Right to possession of new holdings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "22", "title": "22. Coming into force of scheme.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "23", "title": "23. Certain laws have no ban on transfer of holdings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "24", "title": "24. Certificate of transfer.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "25", "title": "25. Loans to assist consolidation.", "chapter": null, "content": "Chapter IV\nEffect of Consolidation Proceedings and of Consolidation of Holdings", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "26", "title": "26. Exercise by Consolidation Officer of powers under certain Acts.", "chapter": null, "content": "(a) all applications and proceedings including execution proceedings pending before any revenue officer under Chapter IX of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), [* * * *] , the Mamlatdars' Courts Act, 1906 (Bombay II of 1906), and the [relevant tenancy law] , in respect of any holding or land for the consolidation of which a notification has been issued under Section 15 shall be transferred to the Consolidation Officer; and\n(b) the Consolidation Officer shall, by proclamation, call upon all persons who claim to be entitled to possession under any of the said Acts of any holding for the consolidation of which a notification has been issued under Section 15 to make within the prescribed period an application to be put in possession of such holdings; and any person who fail to do so within the prescribed period shall thereafter be debarred from making it:", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "27", "title": "27. Stay of [certain proceedings] ban on transfer of land during continuance of consolidation proceedings.", "chapter": null, "content": "[(a) no proceedings,-\n(i) under Sections 153 or 155 of the of the Bombay Land Revenue Code, 1879 (Bombay V of 1879)] ;\n[* * * * *]\n[(ii) for execution of any award made or deemed to be made under [the Gujarat Co-operative Societies Act, 1961 (Gujarat 10 of 1962)] ] ;\n(iii) for execution of any award made under the Bombay Agricultural Debtors' Relief Act, 1947 (Bombay XXVIII of 1947); [or under the Saurashtra Agricultural Debtors' Relief Act, 1954 (Saurashtra Act. XXII of 1954)] ;\n[* * * * *]\n(iv) for execution of any decree passed by a Civil Court in respect of any land in respect of which a notification has been issued under Section 15 shall be commenced, and all such proceedings if commenced shall be stayed);\n[(v) for partitioning or sub-dividing in any manner;]\n[(b) no person shall transfer any land in respect of which a notice has been given under sub-section (1) of Section 15A to the land owner concerned, except with the previous permission in writing given by the Consolidation Officer in such circumstances and subject to such conditions as may be prescribed.]", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "28", "title": "28. Rights in holdings.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "29", "title": "29. Transfer of encumbrances.", "chapter": null, "content": "[29A. Consolidation Officer to decide whether lease should be transferred or not.", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "30", "title": "30. Apportionment of compensation or not value in case of dispute.", "chapter": null, "content": "(a) the amount of compensation determined under sub-section (2) of Section 16 or sub-section (4) of Section 17;\n[(aa) the amount of compensation determined under Section 18;]\n[(b) the net value realized or payable under sub-section (4) or (5) of Section 21;]\n(c) the total amount of compensation determined under sub-section (2) of Section 29,\n[31. Restrictions on alienation and subdivision of consolidated holdings.\n[31A. Correction of clerical and arithmetical mistakes in scheme.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "32", "title": "32. Power to vary scheme on ground of error, irregularity, informality.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "33", "title": "33. Power to vary on revoke scheme.", "chapter": null, "content": "Chapter V\nGeneral", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "34", "title": "34. Vesting of powers of Settlement Commissioner.", "chapter": null, "content": "[34A. Constitution of village Committee.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "35", "title": "35. Power of [State] Government to call for Proceedings.", "chapter": null, "content": "36.\n[36A.", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "36B", "title": "36B. Suits, involving issues required to be decided under this Act.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "36C", "title": "36C. Indemnity.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "37", "title": "37. Rules.", "chapter": null, "content": "(a) the manner of publication under sub-section (2) of Section 4;\n(b) the manner of giving pubic notice under sub-section (3) of Section 5;\n(c) village records in which fragments shall be entered under sub-section (1) of Section 6;\n[(cc) the manner of choosing by lot under Clause (b) of sub-section (2) of Section 8AA;]\n(d) the manner in which the intention to make a scheme shall be published [* * * *] under Section 15;\n[(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 15A;]\n(e) the manner of publication under sub-section (2) of Section 17 of a declaration made under sub-section (1) of the said section;\n(f) the manner in which draft scheme of consolidation shall be published under sub-section (1) of Section 19 in the village or villages concerned;\n[(ff) the manner of publication of further amended scheme under Clause (b) of sub-section (2) of Section 20;]\n(g) the manner of publication of a scheme under sub-section (1) of Section 21, on its being confirmed;\n(h) the manner in which a person may be evicted under sub-section [(2A)] of Section 21;\n(i) the manner in which compensation recoverable from an owner shall be deposited by him under sub-section (2) of Section 21;\n(j) the manner in which right of holding may be allotted under sub-section (4) of Section 21;\n(k) the form in which a certificate shall be granted under Section 24;\n(l) the period within which an application shall be made under Clause (b) of sub-section (2) of Section 26;\n(m) the guidance of the Consolidation Officer and other officers and persons in respect of the transfer of a [mortgage] , debt or other encumbrance under sub-section (1) of Section 29;\n[***]\n[(nn) the manner of publication of an order under Section 34A] ;\n(o) the manner of publication of a draft variation under sub-section (1) of Section 32 [or of a varied scheme under sub-section 3A) thereof] ;\n[(oo) the manner in which village committees shall be constituted, and the duties and functions to be discharged by them, under Section 34A] ;\n(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;\n(q) the manner in which corrections shall be made in the Record of Rights in accordance with a scheme of consolidation;\n(r) generally, for the guidance of the Consolidation Officer and other officer and persons in all proceedings under this Act;\n(s) any other matter which is to be or may be prescribed.\n[38. Repeals and Savings.\n(i) the Hyderabad Prevention of Fragmentation and Consolidation of Holdings Act, 1956 (Hyderabad Act XL of 1956);\n(ii) Chapter II of the Saurashtra Fragmentation and Regulation of Holdings Act, 1954 (Saurashtra Act XII of 1954);\n(iii) Chapter XVI of the Madhya Pradesh Land Revenue Code, 1954 (M. P. Act II of 1955);\n(a) the previous operation of any law so repealed, or anything duly one or suffered thereunder, or\n(b) any right privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or\n(c) any penalty incurred in respect of anything done against any law so repealed;", "footnote": "", "is_definition": false, "sort_order": 32 } ], "metadata": { "Act ID": "Last Updated 17th May, 2019 [guj148]", "Act Number": "Bombay Act No. 62 of 1947", "Enactment Date": "", "Act Year": "1947", "Short Title": "The Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947", "Type": "STATE", "Location": "Gujarat" }, "updated_at": "2026-09-29 21:52:26" }