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Bombay Prevention Of Fragmentation And Consolidation Of
Holdings (Gujarat Amendment) Act, 2011
14 OF 2012
[07 December 2012]
CONTENTS
1. Short title and commencement
2. Amendment of section 2 of Bom. LXII of 1947
3. Amendment of section 7 of Bom. LXII of 1947
4. Amendment of section 9 of Bom. LXII of 1947
5. Amendment of section 10 of Bom. LXII of 1947
6. Amendment of section 14 of Bom. LXII of 1947
7. Amendment of section 27 of Bom. LXII of 1947
8. Substitution of section 31 of Bom.LXII of 1947
9. Amendment of section 37 of Bom. LXII of 1947
Bombay Prevention Of Fragmentation And Consolidation Of
Holdings (Gujarat Amendment) Act, 2011
14 OF 2012
[07 December 2012]
ANACT
further to amend the Bombay Prevention of Fragmentation and
Consolidation of Holdings Act, 1947.
I t is hereby enacted in the Sixty-second year of the Republic of
India as follows :-
1. Short title and commencement :-
(1) This Act may be called the Bombay Prevention of Fragmentation
and Consolidation of Holdings (Gujarat Amendment) Act, 2011.
(2) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, appoint.
2. Amendment of section 2 of Bom. LXII of 1947 :-
In the Bombay Prevention of Fragmentation and Consolidation of
Holdings Act, 1947 (hereinafter referred to as "the principal Act"),
in section 2, in clause (3A), for the words and figures "the Bombay
Cooperative Societies Act, 1925", the words and figures "the
Gujarat Cooperative Societies Act, 1961" shall be substituted.
3. Amendment of section 7 of Bom. LXII of 1947 :-
In the principal Act, in section 7,-
(i) for sub-section (1) except the proviso, the following subsection
and the proviso shall be substituted, namely:-
"(1) Any fragment in respect of which a notice has been given
under sub-section (2) of section 6 may be transferred to any
agriculturalist as defined in relevant tenancy law:
Provided that if such fragment is transferred to the owner of a
contiguous survey number or recognised sub-division of a survey
number, then such fragment shall be consolidated:";
(ii) in the existing proviso to sub-section (1), for the words
"Provided that", the words "Provided further that" shall be
substituted.
4. Amendment of section 9 of Bom. LXII of 1947 :-
In the principal Act, in section 9, for sub-section (2), the following
sub-section shall be substituted, namely:-
"(2) The owner of any land so transferred or partitioned shall be
liable to pay the fine of rupees five thousand or ten per cent, of the
market value of the land, whichever is more, for the urban area as
the Collector may direct; and rupees two thousand or ten per cent,
of the market value of the land, whichever is more, for the
remaining area. Such fine shall be recoverable as an arrears of land
revenue. ".
5. Amendment of section 10 of Bom. LXII of 1947 :-
In the principal Act, in section 10, in sub-section (1), the portion
beginning with "but no such fragment" and ending with "payment
of such compensation" shall be deleted.
6. Amendment of section 14 of Bom. LXII of 1947 :-
In the principal Act, in section 14, for the words "the owner of a
contiguous survey number or recognized sub-division of a survey
number", the words "any agriculturalist as defined in relevant
tenancy law" shall be substituted.
7. Amendment of section 27 of Bom. LXII of 1947 :-
In the principal Act, in section 27, in clause (a), in sub-clause (ii),
for the words and figures "the Bombay Co-operative Societies Act,
1925", the words and figures "the Gujarat Co-operative Societies
Act, 1961" shall be substituted.
8. Substitution of section 31 of Bom.LXII of 1947 :-
I n the principal Act, for section 31. the following shall be
substituted, namely:-
Restrictions on alienation and subdivision of consolidated holdings.
"31. Notwithstanding anything contained in any law for the time
being in force, no holding allotted under this Act shall be
transferred contrary to the provisions of section 8 of this Act".
9. Amendment of section 37 of Bom. LXII of 1947 :-
In the principal Act, in section 37, in sub-section (2), clause (n)
shall be deleted.
