The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
gujarat · 1947
- S. 1Section 1 provides references for the act's objectives, committee reports, and legislative debates.
- S. 2In this Act, unless there is anything repugnant in the subject or context- Short title,extent and commencement
- S. 3The section allows the state government to designate specific areas as local areas for the act's purposes.
- S. 4The section allows the State Government to set minimum profitable cultivation areas for land classes and publish them for objections.
- S. 5Section 5 mandates the Gujarat Government to consider objections within three months after publishing consolidation and fragmentation prevention notices.
- S. 6Section 6 records fragmentation notifications in land records and prescribes notice procedures for these entries.
- S. 7Section 7 prohibits the transfer or leasing of fragmented land to non-contiguous entities, except for specific mortgage or loan security arrangements.
- S. 8No land in any local area shall be transferred or partitioned so as to create a fragment
- S. 8ASections 7 and 8 not to apply to transfer for public purpose
- S. 9(1) The transfer or partition of any land contrary to the provisions of this Act shall be void
- S. 10Section 10 allows landowners to transfer fragmented land to the State Government after compensation, but only if offered to contiguous land owners first.
- S. 11[Partition of estate assessed to payment of revenue to Government or separation of share thereof]
- S. 12Section 12 directs the Collector to consider specific provisions for compensation under the Land Acquisition Act, 1894.
- S. 13Section 13 prohibits the sale of fragmented land to non-contiguous owners except under specific conditions.
- S. 14Fragment not to be sold at Court sale or created by such sale
- S. 15Section 15 empowers the State Government to declare a scheme for consolidating land holdings in specified areas for better cultivation.
- S. 15APreparation of scheme and principles to be followed in its preparation
- S. 16Section 16 outlines compensation rules for landowners in land consolidation schemes based on market value changes.
- S. 17Section 17 allows the Consolidation Officer to declare the amalgamation of public roads with holdings in a consolidation scheme, with provisions for objections and compensation.
- S. 18This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950
- S. 19Section 19 outlines the process for publishing and confirming land consolidation schemes in Gujarat.
- S. 20These words were substituted for the words and figures “Bombay Land Revenue Code 1879” by Bom
- S. 21Section 21 details the process for owners to take possession of consolidated holdings after scheme confirmation.
- S. 22Section 22 states that the scheme under the Act becomes effective once entitled persons possess allotted holdings.
- S. 23Section 23 allows the transfer of rights for consolidation schemes, overriding other existing laws.
- S. 24Section 24 provides certificates for consolidated holdings and exempts them from stamp and registration fees.
- S. 25Section 25 allows loans for land improvement purposes to be granted and recovered under specified acts.
- S. 26Section 26 designates the Consolidation Officer as a revenue officer during consolidation proceedings.
- S. 27Section 27 prohibits execution proceedings and land transfers during consolidation proceedings under section 15.
- S. 28Section 28 ensures consolidated holding owners retain same rights as original, except those allotted under section 21(4).
- S. 29Section 29 transfers encumbrances from consolidated holdings to new ones under the scheme.
- S. 29AConsolidation officer to decide whether base should be transferred or not
- S. 30Section 30 resolves disputes over compensation or net value by referring them to the District Court for decision.
- S. 31Restrictions on alienation and sub division of consolidation holdings
- S. 31ACorrection of clerical and arithmetical mistakes in scheme
- S. 32Section allows the State Government to amend a scheme if it finds defects, after considering objections.
- S. 33Section allows for modification or revocation of consolidation schemes confirmed under the Act.
- S. 34Section empowers the state government to invest the Collector with Settlement Commissioner powers and allows the Collector to reconstitute or replace the village committee if it fails to perform its duties.
- S. 34AConstitution of village committees
- S. 35Section 35 allows the state government to review and potentially revise any order made under the Act after giving interested parties a chance to respond.
- S. 36Section 36 restricts appeals and jurisdiction over matters governed by the Act to the State Government and specified authorities.
- S. 36ABar of jurisdiction
- S. 36BSection 36B mandates courts to stay suits and refer issues to the competent authority for resolution under the Act.
- S. 36CSection protects individuals from legal actions for good faith actions under the Act.
- S. 37(1) The 106[State] Government may by notification in the Official Gazette make rules for carrying out the purposes of
- S. 38Repeal and Savings
- S. 39These words were substituted for the words “Crown for the purposes of the Province” by the Adaptation of Laws Order, 19
- S. 40These words were substituted for the words “payment by the Crown,” by the Adaptation of Laws Order, 1950
- S. 41This Portion was added by Bom
- S. 42—
- S. 43The portion beginning with the words and figures “or section 158” and ending with the figures and words “1317 Fasli
- S. 44These words were added, by Bom
- S. 45Section 45 amends previous text by substituting certain words, brackets, and figures.
- S. 46Section 46 removes a specific clause from the act, updating the law as per 1960 order.
- S. 47Section 13 was renumbered as sub-section (1) and sub-sections (2) and (3) were added, by Bom
- S. 48Sub-section (2) was omitted by the Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960
- S. 49Sub-section (3) was omitted, by the Gujarat Adaptation of Laws (State and Concurrent subjects) Order, 1960
- S. 50This section was sub-stituted for the original by Bom
- S. 51These words were substituted for the words “ or taluka ” by Bom
- S. 52This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950
- S. 53These words were inserted by Bom
- S. 54The words “in the prescribed manner” were deleted, by Bom
- S. 55These words were added, by ibid
- S. 56Section 15-A was inserted, by ibid
- S. 57Section 57 amends the original act to remove specific subsection reference.
- S. 58Section 58 omitted specific text related to land holdings consolidation in Gujarat by 1960 order.
- S. 59This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order 1950
- S. 60Section 18 was substituted for the original by Bom
- S. 61This section was substituted for the original by Bom
- S. 62Sub-section (1), (2) and (2A) were substituted for the original sub-section (1) and (2) by Bom
- S. 63These brackets, figures and word were substituted for the word, brackets and figure “on (3) ” by Bom
- S. 64Sub-section (5) was added by Bom
- S. 65This portion was added by Bom
- S. 66Section 66 was partially repealed, removing specific references to the Hyderabad area.
- S. 67Section 67 removes references to land revenue codes from Madhya Pradesh and Hyderabad in Gujarat's consolidation act.
- S. 68These words were substituted for the words and figures “Bombay Tenancy Act, 1939”, by Bom
- S. 69These words were substituted for the words and figures “proceedings under sections 153 and 155 of Bom
- S. 70This clause was substituted for the original, by Bom
- S. 71Clauses (ia) and (ib) were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960
- S. 72Clause (ii) was substituted, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960
- S. 73Section removes reference to the Hyderabad Agricultural Debtors Relief Act from the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act.
- S. 74Clause (iiia) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960
- S. 75Clause (v) was inserted by Bom
- S. 76Clause (b) was substituted by Guj
- S. 77These words, figures and letter was inserted by Bom
- S. 78The word “lease” was deleted, by Bom
- S. 79These words were inserted, by Bom
- S. 80The word “lessee” was deleted by Bom
- S. 81The word “lease” was deleted by Bom
- S. 82The word “lessee” was deleted by Bom
- S. 83Section 29A was inserted, by Bom
- S. 84These words were substituted for the words and figures “Bombay Tenancy and Agricultural Lands Act, 1948” by Bom
- S. 85These words were substituted for the words “said Act” by Bom
- S. 86This clause was inserted by Bom
- S. 87This clause was substituted for the original by Bom
- S. 88This portion was inserted by Bom
- S. 89Section 89 modifies previous provisions by substituting certain words as per the 1860 order.
- S. 90Section 90 removes references to sections 28 and 43 of the Hyderabad Land Acquisition Act from Gujarat law.
- S. 91This section was substituted for the original by Bom
- S. 92Section 31 was renumbered as sub-section (1) by Guj
- S. 93This word was substituted for the words “ State Government ” by Guj
- S. 94Sub-section (2) was inserted, by Guj
- S. 95This section was inserted by Bom
- S. 96This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950
- S. 97These brackets, words, figures and letter were inserted by Bom
- S. 98The words “by notification in the Official Gazette” were deleted, by Bom
- S. 99This sub-section was inserted, by Bom
- S. 100These words were substituted for the words “making the variation”, by Bom
- S. 101Section 34A was inserted by Bom
- S. 102This word was substituted for the word, “Provincial” by the Adaptation of Laws Order 1950
- S. 103Section 103 removes specified references to commissioners and officials in the Gujarat Prevention of Fragmentation and Consolidation of Holdings Act.
- S. 104This proviso was added by Bom
- S. 105Section 36A, 36B and 36C were inserted, by Bom
- S. 106This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950
- S. 107Clause (cc) was inserted by Bom
- S. 108The words “and the manner of preparation of the scheme” were deleted, by Bom
- S. 109Clause (dd) was inserted, by Bom
- S. 110This clause was inserted by Bom
- S. 111These brackets, figure and letter were substituted for the brackets and figure “(2)” by Bom
- S. 112The word “lease” was deleted by Bom
- S. 113This clause was inserted by Bom
- S. 114This portion was added, by Bom
- S. 115Clause (oo) was inserted by Bom
- S. 116Sub-section (4) was added, by Bom
- S. 117Section 117 updates the reference from the State Legislature Houses to a new legal order.
- S. 118Section 118 updates the act's language to reflect legislative changes from 1960.
- S. 119Section 38 was added by Bom
- S. 120These words were substituted for the word “State” by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Ord
- S. 187967[ * * * * * ]
- S. 1883—
- S. 1884Bom
- S. 1906Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom
- S. 1947Sau
- S. 1948Restrictions on alienation and subdivision of consolidated holdings
- S. 1949Bom
- S. 1951Bom
- S. 1953Sau
- S. 1954Rights in holdings
- S. 1955Bom
- S. 1958Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947 [1947 : Bom
- S. 1979Bom