Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act
No: 62 Dated: Jan, 29 1948
THE MAHARASHTRA PREVENTION OF FRAGMENTATION AND CONSOLIDATION OF HOLDINGS ACT
ACT No. LXII OF 1947
An Act to provide for the prevention of fragmentation of agricultural holdings and for their consolidation.
Whereas it is expedient to prevent the fragmentation of agricultural holdings and to provide for the consolidation of agricultural holdings for the purpose of the better cultivation thereof; It is hereby enacted as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act.
(2) It extends to the whole of the State of Maharashtra .
(3) It shall come into force in such areas and on such date as the State Government may by notification in the Official Gazette direct.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context-
(1) "agricultural year" means the year commencing on the first day of April;
(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;
(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;
(3A) "Co-operative Society" means a co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 ;
(4) "Fragment" means a plot of land of less extent than the appropriate standard area determined under this Act:
Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its area by diluvion;
(5) "land" means agricultural land whether alienated or unalienated;
(6) "local area" means any area notified as such in the Official Gazette under section 3;
(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; * *
Provided that in the Hyderabad area of the State of Maharashtra, 'owner' means a person who has permanent and heritable right of possession of land, and when unalienated land has been mortgaged, owner means the mortgagor;
(9) "prescribed" means prescribed by rules made under this Act:
(9a) "relevant Code" means-
(a) in the Bombay area of the State of Maharashtra, the Bombay Land Revenue Code, 1879;
(b) in the Vidarbha region of the State of Maharashtra, the Madhya Pradesh Land Revenue Code, 1954; and
(c) in the Hyderabad area of the State of Maharashtra, the Hyderabad Land Revenue Act, 1317 Fasli;
(9b) "relevant tenancy law" means-
(a) in the Bombay area of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948;
(b) in the Hyderabad area of the State of Maharashtra the Hyderabad Tenancy and Agricultural Lands Act, 1950;
(c) in the Vidarbha region of the State of Maharashtra, the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958;
(9c) "Settlement Commissioner" includes a Commissioner of Survey Settlement;
(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;
(10a) "village committee" means a village committee constituted under section 34A;
(11) words and expressions used in this Act, but not defined have the meaning assigned to them in the relevant Code;