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REGISTERED No. D. (D.N.)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub section (i)

PUBLISHED BY AUTHORITY

No. 458] NEW DELHI, WEDNESDAY, NOVEMBER 30, 1983/AGRAHAYANA 9, 1905 Separate Paging is given to this Part in order that it may be filed as a separate

1107 GI/83—1

(1)

1107 GI/83—2

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Haveli Act, 1961 (35 of 1961), the Central Gov. eminent hereby extends to the Union territory of Dadra and Nagar Haveli, the Bombay Preven- tion of Fragmentation and Consolidation of Hold- ings Act; 1947 (Bombay Act No. 62 of 1947), as in force in the State of Gujarat, on the date of this notification, subject to the following modifi- cations, namely :—

MODIFICATIONS

1, Throughout the Act,—

(a) unless otherwise directed, for the words "State Government", the word "Ad- ministrator" shall be substituted and there shall also be made in any sent- ence in which the words "State Gov- ernment"' occur, such consequential changes as the rules of grammar may require;

(b) for he words "relevant Code", wherever they occur, the words and figures "The Dadra and Nagar Haveli Land Reve- nue Administration Regulation, 1971" shall be substituted.

2, In section 1, in sub-section (2), for the words "State of Gujarat", the words "Union terri- tory of Dadra and Nagar Haveli", shall be substi- tuted.

3, In section 2,—

(i) clause (1) shall be re-numbered as clause (1A) and before clause (1A) so re- numbered, the following clause shall be inserted namely :—

'(1) "Administrative" means the Adminis- trator of the Union territory of Dadra and Nagar Haveli, appointed by the President under article 239 of the

Constitution';

(ii) After clause (1A) as so re-numbered, the following shall be inserted name- ly :—

'(IB) "Collector" means the Collector of the Union territory of Dadra and Nagar Haveli';

(iii) In clause (2) the words "mahal or talu-

ka" shall be omitted;

(iv) For clause (3 A), the following clause MINISTRY OF HOME AFFAIRS

shall be substituted namely :—

NOTIFICATION

New Delhi, the 30th November, 1983

G.S.R. 869(E).—Ih exercise of the powers conferred by section 10 of the Dadra and Nagar

L(3A) "Cooperative Society" means a co- operative society registered or dee- med to be registered under Gujarat Cooperative Societies Act, 1961 as in force in the Union territory;';

(v) la clause (8) the words "or Girasdar" and explanation thereunder shall be omit- ted;

(vi) For clauses (9a), (9b) and (9c) the fol- lowing clauses shall be substituted namely : —

'(9a) "Settlement Commissioner" includes the Collector of any other person

authorised by the Administrator;

(9b) "Union territory" means the Union territory of Dadra and Nagar Haveli;

(vii) Clause (12) shall be omitted.

4. In section 3, the words "mahal or taluka or

tehsil" shall be omitted.

5. In section 4, hi sub-section (1), the word

"District" shall be omitted.

6. In section 7, in proviso to sub-section (1), for the words "State Government", wherever they occur, the words "Central Government" shall be substituted.

7. In section 8AA, in sub-section (2), in clause (a), the words, figures and punctuation marks "or, as the case may be, of that section in its applica- tion to the Saurashtra area of the State of Born- bay under the Land Acquisition Act, 1894 (Ad- aptation and Application) Ordinance, 1948" shall be omitted.

8. In section 10,—

(i) In sub-section (1), for the words "State Government" wherever they occur, the words "Central Government" shall be substituted;

(ii) For sub-section (2) the fallowing sub-

section shall be substituted namely :

"(2) Any such fragment may be disposed of in accordance with the provisions of the Dadra and Nagar Haveli Land Revenue Administration Regulation,. 1971".

9. In section 12, the words and figures "or, as the case may be, of sub-section (1) of that sec- tion in its application to the Saurashtra area of the State of Bombay under the Land Acquisition Act, 1894 (Adaptation and Application Ordin- ance, 1948" shall be omitted.

10. For section 13 the following shall be subs-

tituted namely :—

"13, In section 81 of the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971, the following shall be inserted at the commencement of the said section, namely :—

"Subject to the provisions of the Bombay Prevention of Fragmentation and Con- solidation of Holdings Act, 1947 as in force in the State of Gujarat as extended to the Union territory of Dadra and Nagar Haveli".

11. In section 15 the words "Mahal, Taluka

or Tehsil" shall be omitted.

12. In section 16, in sub-section (2), the words and figures "or, as the case may be of sub- sec- tion (1) 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" shall be omitted.

13. In section 18, in sub-section (2), for the words "State Government" the words "Central Government" shall be substituted.

14. In section 21, in sub-section (4), tor the words "State Government" wherever they occur, the words "Central Government" shall be substi- tuted,

i

15. In section 26,—

(1) for sub-sections (1) and (2) the following

shall be substituted, namely :

"(1) During the continuance of the consoli- dation proceedings, the Consolidation Officer shall exercise and discharge the functions of a revenue officer under Chapter IX the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 and Mamlatdar's Courts Act, 1906 (Bombay Act 2 of 1906) as in force in Dadra and Nagar Haveli and no revenue officer other than the Consolidotion Officer shall take any proceedings under the said Act, or Regulation in respect of any holding or land for the consolidation of which a notification has been issued under section 15.

(2) Where in respect of any holding the Con- solidation Officer proceeds to prepare a scheme under section 15,—

(a) All applications and proceedings includ- ing execution proceedings pending be- fore any revenue officer under Chap- ter IX of the Dadra and Nagar Haveli Land Revenue Administration Regu- lation, 1971, he Mamlatdar's Courts Act, l 15

consolidation of which a notification has been issued under section 15 shall be transferred to the Consolidation Officer; and

(b) the Consolidation Officer shall, by pro- clamation, call upon all persons who claim to be entitled to possession under the said Act or Regulation of any hold- ing for the Consolidation of which a notification has been issued under sec- tion 15 to make within the prescribed period an application to be put in pos- session of such holdings- and any per- son who fails to do so within the pres- cribed period shall thereafter be de- barred from making it:

Provided that nothing in this clause shall debar any person from making, after the coming into force of a scheme of consolidation tmder section 22, any application in respect of any holding in- cluded in the scheme, if such application could lie under the provisions of any law for the time being in force;

(2) In sub-section (3) for the words "under any of the said Acts" the words "under the said Act or Regulation" shall be substituted.

1-6. In section 27 for clause (a) the following

clause shall be substituted namely :—

"(a) no proceedings,—

(i) under section 170 and 172 of the Dadra and Nagar HaveH Land Re- venue Administration Regulation, 1971;

(ii) for execution of any award made or deemed to be made under Gujarat Cooperative Societies Act, 1961 as in force in the Union territory;

(iii) for execution of any award made under the Union Territories Relief of Agri- cultural Indebtedness Regulation, 1976;

(iv) for execution of any decree made or passed by a Civil Court in respect of any land in respect of which a noti- fication has been issued under section 15 shall be commenced, and all such proceedings if commenced shall be stayed;

(v) for partitioning or sub-dtviding in any

manner."

17. In section 30, the words and figures "or, as the case may be, the said provisions of that Act as applied to the Saurashtra area by the Land Acquisition Act, 1894 (Adaptation and. Application) Ordinance. 1948" shall be omitted.

18. In section 3 1 ,—

(a) in subsection (2),—

(j) in clause (a), the word "or" appearing

at the end shall be omitted;

(ii) clause (b) shall be omitted;

(b) sub-clause (3) shall be omited.

19. In section 37, sub-section (4) shall be

omitted.

20. Section 38 shall be omitted.

ANNEXURE

THE BOMBAY PREVENTION OF FRAG- MENTATION AND CONSOLIDATION OF HOLDINGS ACT, 1947 (BOMBAY ACT NO. LXII of 1947) AS IN FORCE IN THE STATE OF GUJARAT AS EXTENDED TO THE UNION TERRITORY OF DADRA AND

NAGAR HAVELT.

An Act to provide for the prevention of frag- mentation of agricultural holdings and for their consolidation.

Whereas it is expedient to prevent the frag- mentation of agricultural holdings and to provide for the consolidation of agricultural holding for the purpose of the better cultivation thereof it is hereby enacted as follows :—

CHAPTER I

PRELIMINARY

1. Short itle extent and commencement.—(1) This Act may be called the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947,

(2) It extends to the whole of the Union terri-

tory of Dadra and Nagar Haveli.

(3) It shall come into force in such areas and on such date as the Administrator may by notifica- tion in the Official Gazette direct.

2. Definition.—In this Act, unless there is anything repugnant in the subject or context —•

(1) "Administrator" means the Administra- tor of the Union territory of Dadra and Nagar Haveli, appointed by the Presi- dent under article 239 of the Consti- tution;

(1A) "agricultural year" means the year

commencing on the first day of April;

(IB) "Collector" means the Collector of the Union territory of Dadra and Nagar Haveli.

(2) "Consolidation of holdings" means the amalgamation and where necessary the redistribution of holdings ot portions

of holdings in any village or any part thereof so as to reduce the number of plots in holdings;

(30 "Consolidation Officer" means an offi- cer appointed as such under section 15 by the Administrator and includes any person authorised by the Administrator to perform all or any of the functions of the Consolidation Officer under this

Act.

(3A) "Cooperative Society" means a Co- operative Society registered or deemed to be registered under Gujarat Coopera- tive Societies Act, 1961 (10 of 1962) as in force in the Union territory;

(4) "fragment" means a plot of land less ex- tent 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 unalisnated,

(6) "local area" means any area notified as such in the Official Gazette under sec- tion 3;

(7) Omitted.

(8) "Owner" means in the case of unalienat- ed land the occupant or tenure-holder and when such land has been mortgat- ed owner means the mortgagor; in the case of alienated land owner means the superior holder;

(9) "prescribed" means prescribed by rules

made under this Act ;

(9a)"Settlement Commissioner" includes the Collector or any other person

authorised by the Administrator; and

(9b) "Union territory¹* means the Union

territory of Dadra and Nagar Haveli.

(10) "Standard area" in respect of any class "of land means the area which the Ad- ministrator may from time to time de- termine under section 5 as the minimum area necessary for profitable cultiva- tion in any particular local area, and includes a standad 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 as- signed to them in the Dadra and Nagar Haveli Land Revenue Administration Regulation. 1971.

CHAPTER II

DETERMINATION OF LOCAL AND STAN DARD AREAS AND TREATMENT OF FRAGMENTS.

3. Determination of local area.—The Admin- istrator may, after such inquiry as it deems fit, by notification in the Official Gazette, specify a vil- lage, or any part thereof as a local area for the purpose of this Act.

4. Settlement of standard areas.—(1) The Ad- ministrator may, after such inquiry as the deems fit and after consultation with the Advisory Com- mittee or any other body, appointed by him, pro- visionally settle for any class of land in any local area the minimum area that can be cultivated profitably as a separate plot.

(2) The Administrator shall by notification in the Official Gazette, and in such other manner as may be prescribed publish the minimum areas provisionally settled by him under sub-section (1) and invite objections thereto.

5. Determination and revision of standard areas.—(1) The Administrator shall, after consi- dering the objections, if any, received within three months of the date of publication of the notifica- tion under sub-section (2) of section 4 in the vil- lage concerned and making such further inquiry as he may deem it, determine the standard area for ^ach class of land in such local area.

(2) The Administrator may at any time if he deems fit expedient so to do, revise a standard area determined under sub-section (1). Such revi- sion shall b emade in the manner laid down in section 4 and sub-section (1).

(3) The Administrator shall, by notification in the Official Gazette, and in such other manner as may be prescribed, give public notice of any standard trea determined under sub-section (1) ox revised under sub-section (2).

.<>, Entry in the Record of Rights.—(1) On notification of a standard area under sub-section (3) of section 5 of a local area all fragments in the local area shall be entered as such in the Re- cord of Rights or where there is no Record of Rights in such village record as the Administra- tor may prescrible.

(2) Notice of every entry made under sub* sectior* (1) shall be given in the manner prescrib- ed for the giving of notice under the Dadra and NaRar Haveli Land Revenue Administration Re- gulation* 1971 of ah erilry in the register of muta- tions. •

7. Transfer and lease of fragments.—(1) No person shall transfer any fragment in respest of which a notice has been given under sub-section (2) of section 6 except to the owner of a contigu- ous of a survey number or recognised sub-divi- sion of a survey number :

Provided that the holder of such fragment may mortgage or transfer it to the Central Govern- ment or a land mortgage bank or any other co- operative society as security for any loan advanc- ed to him by the Central Government or such bank or society, as the case may be.

(2) Notwithstanding anything contained in any law for the time being in force or in any instrument or agreement, no such fragment shall be leased to any person other than a person culti- vating any land which is contiguous to the frag- ment.

8. Fragment on prohibited.—No land in any local area shall be transferred or partitioned so as to create a fragment.

8AA. Restriction on partition of land —(1) Where, by transfer, decree, succession or other- wise, two or more persons are entitled to shares in an undivided agricultural land in any local area for which standard areas have been fixed, and the land has to be partitioned among them, such partition shall be effected so as not to create a fragment.

(2) Where such partition is made by the Court or the Collector, the following procedure shall be adopted —

(a) If, in effecting a partition among several co-sharers, it is found that a co-sharer is entitled to a specific share in the land and cannot be given that share without creating a fragment, he shall be com- pensated in money for that share. The amounts of compensation shall be deter- mined so far as practicable in accordance with the provisions of section 23 of the Land Acquisition Act, 1894 (I of 1894).

(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 argee 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

LIO7GT/S:I—*>

shall be chosen by lot in the manner prescribed.

(c) The compensation shall be payable by each co-sharer in propertion to the ex- cess 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 alloted and who is chosen in the mener provided in clause (b) subject to the payment of similar compensation to the co-sharers not get- ting shares of land.

(d) If non of the co-sharers to whom land has been alloted 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.

(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 effect- ing partition.

(3) Where a partition is effected in execution of a decree all questions relating to the partition of the land and apportionment of compensation shall be decided by the Court executing the de- cree or by the Collector effecting the partition, as the case may be, in accordance with the pro- visions of sub-section (2).

8A. Sections 7 and 8 not ;o apply to transfer for public purpose.—Nothing in sections 7, 8 and 8AA shall apply to a transfer of any land for such public purpose as may be specified in this behalf by the Administrator by notification in the Official Gazette.

9. Penalty for transfer or partition contrary to provisions of Act.—(1) The transfer or parti- tion of any land contrary to the provisions of this Act shall be void.

(2) The owner of any land so transferred or partitioned shall be liable to pay such fine not ex- ceeding Rs. 250 as the Collector may, subject to the general orders of the Administrator direct, Such fine shall be recoverablo as an arrear of land revenue,

(3) Any person unauthorizedly occupying or wrongfully in possession of, any land, the trans- fer or partition of whicfy either by the act of par- ties or by the operation of law, is void under the provisions of this Act, may be summarily evicted by the Collector,

10. Transfer of fragment to Government.— (1) Any owner of a fragment may transfer it to the Central Government on payment by the Central Government of such compensation to persons possessing interest therein as the Collec- tor may determine and thereupon the fragment shall vast absolutely in the Central Government free from all encumbrances but no such fragment shall be transferred to the Central Government unless it is first offered to the owner of a contigu- ous survey number or recognised sub-division of a survey number on payment of the compensa- tion determined by the Collector as aforesaid and such owner has refused to purchase the fragment on payment of such compensation. i

(2) Any such fragment may be disposed of ui accordance with the provisions of the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971.

11. Omitted.

12. Determination of compensation for purpose of section 10.-—In determining the compensation for the purposes of section 10 the Collector shall have regard to the provisions of sub-section (1) of section 23 of the Land Acquisition Act, 1894

(1 of 1894).

13. In section 81 of ,the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971, the following shall be inserted at the com-

mencement of the said "section, namely :—

"Subject to the provisions of the Bombay Prevention of Fragmentation and Con- solidation of Holdings Act, 1947 as in force in the state of Gujarat as extend- ed to the Union territory of Dadra and Nagar Haveli."

14. Fragment not to be sold at Court sale or created by such sale.—Notwithstanding anything contained in any law for the time being in force, no fragment, in respect of which a notice has been given under sub-section (2) of section 6, shall be sold at any sale held under the orders of any Court except to the owner of a contiguous survey number or recognised pub-division of a survey number and no land shall be sold at such sale so as to leave a fragment.

CHAPTER m

PROCEDURE FOR CONSOLIDATION

15. Administrator may of his own accord or on application declare his intention to make schemes for consolidation of holdings.—With the object of consolidating holdings in any village, or any part thereof for the purpose of better cultivation of lands therein, the Administrator may of his own motion or on an application made in that behalf declare by a notification in the Official Gazette and by publication in the prescribed manner in the village or villages concerned his intention to make a scheme for the consolidation of holdings in such village or villages or part thereof as may be specified. On such publication in the village concerned the Administrator may appoint a Consolidation Official who shall pro- ceed to prepare a scheme for the consolidation of holdings in such village or villages or part there- of, as the case may be in the manner hereinafter provided.

15A. Preparation of scheme and principles to be followed in this preparation.—(1) The Con- solidation Official shall, after giving due notice to the land owners concerned and the village committee, visit each of the concerned villages and shall, in consultation with the village com- mittee, proceed to prepare a scheme for the con- solidation of holdings which shall include such statements, records and maps as may be pres- cribed.

(2) In preparing the scheme, the Consolida- tion Officer shall have regard to the procedure which the Administrator may from time to time prescribe in regard to the number of blocks in which the village lands are to be grouped, the manner of allotting new plots to each owner, the recommendations of the village committee and such other matters as may be prescribed.

16. Scheme to provide for compensation.—(1) The scheme prepared by the Consolidation Offi- cer shall provide for the pavtnent of compensa- t:on to anv owner who is allotted a holding of less market value than that of his original hold- ing and for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding.

(2) The amount of compensation shall be determined, so far as practicable, in accordance w;th the provisions of sub-section (1) of section 23 of the Land Acquisition Act. 1894 (1 of 1894).

17. Amalgamation of public roads etc., within scheme for consolidation of holdings.—(1) When- ever in preparing a scheme for the consolidation of holdings, it appears to the Consolidation Offi-

cer that it is necessary to amalgamate any road, street, land or path with any holding in the sche- me, he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all indivi- duals in or over the said road, street, land or path shall be extinguished or, as the case may be, transferred to a new road, street, lane or path laid out in the scheme of consolidation.

(2) The declaration in sub-section (1) shall be published in the village concerned in the pres-* cribed manner along with the draft scheme refer- red to in section 19.

(3) Any member of the public or any person having any interest or right, in addition to the right of public highway, in or over the said road, street, lane or path or having any other interest or right which is likely to be adversely affected by the proposal may, within thirty days after the publication of the declaration under sub-sec- tion (1) state to the Consolidation Officer in writ- ing his objection to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected and the amount and the particulars of his claim to com- pensation for such interest or right :

Provided that no claim for compensation on account of the extinction or diminution of the right of public highway oVer such road, street, lane or path shall be entertained.

(4) The Consolidation Officer shall, after con- sidering the obejetions, if any, made to the pro- posal, submit it with such amendments, if any, as he may consider necessary, to the Settlement Commissioner, together with the objections re- ceived, his recommendations thereon and a state- ment of the amounts of compensation, if any, which in his opinion are payable, and of the per- sons by whom and the persons to whom such compensation is payable. The decision of the Settlement Commissioner on the proposal and re- garding the amount of compensation and the per- \ sons by whom such compensation, if any, is pay- able, shall, subject to any modification made by the Administrator, be final.

18, Land reserved for public purpose.—d) Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Consolidation Officer, in consultation with the village committee,—

(a) to direct that any land specifically as- signed for any public purpose shall cease to be so assigned and to assign any other land in its place;

(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 oilier land for such require- ments and for that purpose to effect a proportionate cut in all the holdings of the village.

(2) Where a proportionate cut in all the holdings of a village has been effected under sub- section (1), the Central Government shall pay to every person affected thereby compensation in respect of the land covered by such cut at the market value of the land at the date of the public- ation of the notification under section 15.

(3) Save as provided in sub-section (2), the amount of such compensation shall be determin- ed by the Consolidation Officer, so far as practic- able in accordance with the provisions of sub- section (1) of section 23 of the Land Acquisition Act, 1894 (1 of 1894).

19. Publication of draft scheme.—(1) When the scheme of consolidation is ready for publica- tion, the Consolidation Officer shall publish it in the prescribed manner in the village or villages concerned. Any person likely to be affected by such scheme, shall, within thirty days of the date of such publication, communicate in writing to the Consolidation Officer any objection relating to the r,cheme. The Consolidation Officer shall, after considering the obejetions, if any received, submit the scheme with such amendments as he considers to be necessary, together with his re- marks on the objections, to the Settlement Com- missioner.

(2) The Consolidation Officer shall also pub-

lish the schemes as amended by him.

20. Confirmation of Scheme.—(1) If within thirty days of its publication, no objections are received to the draft scheme published under sub- section (1) or as the case may be, the amended draft scheme published under sub-section (2), of section 19, the Settlement Commissioner shall confirm the scheme.

(2) If any objections are received to such

draft scheme of amended draft scheme, and

(a) the Settlement Commissioner after con- sidering the objections approves of the draft scheme or the amended scheme, he shall submit the draft scheme, or as the case may be, the amqided scheme to the Administrator together with the objections received thereto, or

(b) the Settlement Commissioner, after con- sidering the objections, further amends the scheme, the Settlement Commis- sioner shall publish the further amena- ed scheme in the prescribed manner.

(3) If within fifteen days of the publication of a turther amended scheme under clause (b) of sub-section ( 2 ) ,—

(a) no objections are received thereto, the Settlement Commissioner shall confirm the scheme; and

(b) if any objections are received, then the Settlement Commissioner shall submit such turther amended scheme to the Administrator together with the objec- tions received thereto,

(4) Upon submission of a scheme under clause (a) ot sub-section (2) or clause (b) of sub-section (3), the Administrator may, after taking into consideration the objections either confirm the scheme, with or without amendments or may re- fuse to confirm it.

21. Right to possession of new holdings.— (1)

Upon the confirmation of the scheme under sub-section (1), (3) or (4) of section 20, a notifi- cation stating that the scheme has been confirm- ed shall be published in the Official Gazette and the scheme as confirmed shall be published in the prescribed manner in the village or villages con- cerned. If two-thirds or more ot the owners affec- ted by such scheme agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow all the owners to enter into such possession forthwith or from such date as may be specified by him.

(2) If two thirds or more of such owners do not agree to enter into possession under sub-section (1), all the owners shall be entitled to possession of the holdings allotted to them under the scheme from the commencement of the agricultural year next following the date of publication of the noti- fication in the Official Gazette under sub-section ( 1 ).

(2A) In enforcing the provisions of sub-section (1) or (2) the Consolidation Officer shall, if neces- sary, put the owners in possession of the holding to which they are entitled under the scheme and for doing so may, in the prescribed manner, evict any person from any land.

(3) Notwithstanding anyhing contained in sub- section (2) no owner shall be entitled to possession of any holding allotted to him under the scheme Unless he deposits in the prescribed manner within fifteen days of the commencement of the said agri- cultural year such compensation as is recoverable from hini under the scheme.

(4) Where an owner fails to comply with the pio- visions of sub-section (3) his right in such manner by the Consolidation Officer to any other person who pays the value of the holding, and in such case the value realised after deducting the expense (hereinafter called the net value) shall be paid to the owner and any other person having an interest in the holding.

(5) If no person is forthcoming to pay the value of the holding, the Central Government may re- cover from the owner the compensation recover- able from him under the scheme as an arrear of land revenue or the Central Government may itself purchase the holding after paying the net value of the holding to the owner and any other person hav- ing interest in the holding.

22. Coming into force of scheme.—As soon as .the persons entitled to possession of holdings under this Act have entered into possession of the holdings respectively allotted to them, the scheme shall be deemed to have come into force.

23. Certain laws no ban on transfer of hold- ings.—Notwithstanding anything contained in any law for the time being in force, the rights of owners, or other persons having interest, shall for the purpose of giving affect to any scheme of consolidation effecting them be transferable by exchange or otherwise.

24. Certificate of transfer.—(1) The Consoli- dation Officer shall grant to every owner to whom a holding has been allotted in pursuance of a scheme of consolidation and to very persons to whom a right is allotted under sub-section (4) of section 21, a certificate in the prescribed form duly registered under the Indian Registration Act, 1908 (XVI of 1908), to tht effect that the hold- ing has been transferred to him in pursuance of the scheme.

The Consolidation Officer may, thereupon, cause to be prepared a new record of rights in respect of the holdings so transferred and the record of rights so prepared shall be deemed to have been prepared under the Dadra and Nagar Haveli Land Revenue Administration Regulation, 1971 (2 of 1971).

(2) Notwithstanding anything contained in any law for the time being in force no stamp or registration fee shall be payable in respect of such certificate.

25. Loans to assist consolidation.—For carry- Ing out any of the purposes of this Act, a loan may be granted to an owner and recovered from him as a loan under the Land Improvement Loans Act, 1883, or the Agriculturists' Loans Act, 1884 (XIX of 1883 (XII of 1884).

CHAPTER IV

EFFECT OF CONSOLIDATION PROCEED- INGS AND CONSOLIDATION OF HOLD- INGS.

26. (1) During the continuance of the consolidation proceedings, the Consolidation Offi- cer shall exercise and discharge the functions of a revenue officer under Chapter IX of the Dadra

and Nagar Haveii Land Revenue Administration Regulation, 1971 and Mamlatdar's Courts Act, 1906 (Bombay Act 2 of 1906) as in force in Dadra and Nagar Haveli and no revenue officer other than the Consolidation Ofiicer shall take any proceedings under the said Act or Regula- tion in respect of any holding or land for the consolidation of which a notification has been issued under section 15.

(2) Where in respect of any holdings the Consolidation Officer proceeds to prepare a sche- me under section 15,—

(a) All applications and proceedings includ- ing execution proceedings pending be- fore any revenue officer under Chap- ter IX of the Dadra and Nagar Haveli Land Revenue Administration Regula- tion, 1971, the Mamlatdars courts Act, 1906 (Bombay Act 2 of 1906) as in force in Dadra and Nagar Haveli, 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 Offi- cer; and

(b) the Consolidation. Officer shall, by pro- Cternaiion, call upon all persons who claim to be entitled to possession under the said Act or Regulation of any hold- ing for the Consolidation of which a notification has been issued under sec- tion 15 to make within the prescribed period an application to be put in pos- session of such holdings; and any per- son who fails to do so within the pres- cribed period shall thereafter be debar- red from making it :

Provided that nothing in this clause shall debar any person from making, after the coming into force of a scheme of consolidation under scc-| tion 22, any application in respect of any hold- ing included in the scheme, if such application could lie under the provisions of any law for the

time being in force;

(3) The Consolidation Officer shall submit any order passed by him under any of the said Acts to the Collector for confirmation if an ap- plication in that behalf is made to him by any party to a proceeding under this section within fifteen days from the date of the order.

27. Stay of certain proceedings; ban on trans- fer of land during continuance or consolidation proceedings.—When a Consolidation Officer pro- ceeds to prepare a scheme under section 15, dur- ing the continuance of the consolidation proceed- ings —

(a) no proceedings,—

(i) under section 170 and 172 of the Dadra and Nagar Haveli Land Re- venue Administration Regulation, 1971;

(ii) for execution of any award made or deemed to be made under Gujarat Cooperative Societies Act, 1961 as in force in the Union territory;

(iii) for execution of any award made under the Union Territories Relief of Agricultural Indebtedness Regulation,

1976;

(iv) for execution of any decree made pas- sed by a Civil Courts in respect of any land in respect of which a noti- fication has been issued under sec- tion 15 shall be commenced, and all such proceedings if commenced shall be stayed;

(v) for partitioning or sub dividing in any

manner.

(b) no person shall transfer any land in respect of which a notification under section 15 has been issued.

28. Rights in holdings.—Every owner to whom a holding is allowed pursuance of a sche- me of consolidation shall save as otherwise pro- vided in section 29A, have the same rights in holding as he had in this original holding:

Providd that nothing in this section shall apply to any person to whom a holding has been allotted under the Provisions of sub-section (4) of section 21-

29. Transfer of encumbrances.—(1) If the hold- ing of an owner included in a scheme of consoli- dation which has come into force under section 22 is burdened with a mortgage, debt or other en- cumbrance other than a lease such mortgage, debt or other encumbrance shall be transferred there- from and attach itself to the holding allotted to him under the scheme or to such part of it as the Con- solidation Officer may, subject to any rules made under section 37, appoint; and the mortgagee, creditor or other encumbrancer as the case may be, shall exercise his rights accordingly.

(2) If the holding to which a mortgage, debt or other encumbrance is transferred under sub- section (1) is of less market value than the original holding from which it is transferred the mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 30 be entitled to the payment of such compensation by the owner of the holding, as the case may require, as the Consolidation Officer may determine.

(3) Notwithstanding anything contained in section 21, the Consolidation Olricer shall, in the prescribed manner; put any mortgages, or other encumbrancer entitled to possession into possession of the holding to winch his mortgage or other en- cumbrance has been transferred under sub-section (1).

29A. Consolidation Officer to decide whether lease should be transferred.—(1) If the holding of an owner included in a scheme of consolidation which has come into force under section 22 is burdened with a lease, the Consolidation Officer shall by an order in writing determine whether such lease shall or shall not be transferred there- from. A copy of the order passed by the Consoli- dation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner.

(2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules made under section 37, appoint and the lessee shall exercise his rights accordingly. The provi- sions of sub-sections (2) and (3) of section 29 shall apply to such lease as if the lease were a mortgage or other encumbarance.

(3) If the Consolidation Officer determines that such lease shall not be transferred from the original holding it shall remain attached thereto, and the owner to whom such holding as allotted under the scheme shall hold it subject to such lease; and the provisions of the relevant tenancy law, shall, so far as may be, notwithstanding the change jn the ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the said law as between the landlord and his tenant :

Provided that such owner<= shall not be entitled to arrears of rent due under such lease immediately before" the allotment of the holding as aforesaid.

(4) An appeal against rhc decision of the Con- solidation Officer under this section shall lie to the iSettletnent Commissioner within the prescribed time.

30. Apportionment of compensation or net value in case of dispute.—Where there is a dispute in respect of the appointment of—

(a) the amount of compensation determined under sub-section (2) of section 16 or sub-section (4) of section 17;

(aa) the amount of compensation determined

under section 18;

(b) the net value realized or payable under sut>-

scction (4) or (5) of section 21;

(c) the total amount of compensation determin-

ed under sub-section (2) of section 29,

the Consolidation Officer shall refer the dispute lo the decision of the District Coun and deposit the amount of the compensation or net value, as the case may be, in the Court and thereupon the pro- visions of sections 33, 53 and 54 of the Land Acquisition Act, 1894 (1 of 1894), shall, so far as may, apply.

31. Restrictions or alienation and sub-division of consolidated holdings.—(1) Notwithstanding anything contained in any law for the time being in force, no holding allotted under this, Act, nor any part thereof, shall be—

(a) transferred, whether by way of sale (includ- ing sale in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for some recoverable as arrears of land revenue) or by way of gift, exchange, or lease, or otherwise, except in accordance with such conditions as may bo prescribed;

(b) sub-divided (including sub-division by a decree or order of a Civil Court or any other competent authority) except with the permission in writing of the Collector.

(2) Nothing in sub-section ( 1 ) -*

(a) Shall apply to a transfer of a holding allotted under this Act where the transfer is of the entire holding, not involving and sub-division thereof, or to a sub-division of a holding allotted under this Act where such sub division is made to provide for the shares of persons entitled thereto on the death of the owner, and does not create any fragment;

(b) Omitted,

(c)- Omitted.

31 A. Correction of clerical and arithmetical mistakes in scheme.—If, after a scheme has come into force, it appears to the Settlement Commis- sioner that the scheme is defective, on account of any clerical or arithmetical mistake or error arising therein from any accidental slip or omission and he is satisfied that the correction of such mis- take or error would not very the scheme in any material particular, he may by order in writing correct such mistake or error and publish his order in the prescribed manner.

32. Power to vary scheme on ground of error, irregularity, informality.—(1) If after a scheme has come into force it appears to the Administrator that the scheme is defective on account of an error other than that referred to section 31 A, irregularity or informality the Administrator shall publish a draft of such variation in the prescribed manner. The draft variation shall state every amendment proposed to be made in the scheme.

(2) Within one month of the dale of publication of the draft variation any person affected thereby may communicate in writing any objection to such variation to the Administrator through the Settle- ment Commissioner.

(3) After receiving the objections under sub- section (2) the Administrator may, after making such enquiry as we may think fit make the varia- tion with|without modification or may not make any variation.

(3A) If the scheme is varied under sub-section (3), a notification stating that the scheme has been varied shall be published in the Official Gazstt; and the scheme so varied shall be published in the prescribed manner in the village or villages con- cerned.

(4) From the date of the notification stating that the scheme has been varied the variation shall take effect as if it were incorporated in the scheme.

33. Power to vary revoke scheme.—-A scheme for the consolidation of holdings confirmed under this Act may at any time be varied or revoked by a subsequent scheme prepared, published and con- firmed in accordance with this Act.

CHAPTER V

GENERAL

34. Vesting powers Settlement Commissioner.— The Administrator may, by notification in the Offi- cial Gazette invest the Collector with all or any of the powers of the Settlement Commissioner under this Act.

34A. Constitution of village committees.—(1) The village committee shall be constituted by the Consolidation Officer in the prescribed manner and it shall discharge and perform, in addition to the duties and functions imposed or assigned by this Act, such other duties and functions as may be prescribed for the purposes of this Act.

(2) Where at any time ths Collector is satisfied that the village committee has refused or failed without reasonable cause or excuse to discharge the dut;es or perform the functions imposed or assigned by or under this Act or circumstances have so arisen that the committee has been ren- dered unable to discharge the duties or perform the functions aforesaid or it is otherwise expedient or necessarv to do so he may by notification in the Official Gazette either reconstitute, for the purposes of this Act, the village committee in accordance with the provisions of sub-section (1\ or appoint some oher authority to perform the functions or discharge the duties of the village committee under this Act, and thereupon all references to the village committee under this Act shall be deemed to include references to the village committee so reconstituted or the authority so appointed as the case may be.

35. Power of Administrator to call for proceed- ings.—The Administrator may at any time for the purpose of satisfying himself as to the legality or propriety of any order passed by any officer under this Act call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as he thinks fit :

Provided that no order shall be varied or re- vised until the parties interested have been given a reasonable opportunity of showing cause against the proposed variation of revision of the order.

36. Appeal and revision.— Except as provided in this Act, no appeal or revision application shall lie from any order passed under Chapter II, III or IV of this Act.

36A. Bar of jurisdiction.—(1) No Civil Court or Mamlatdar's Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Administrator or any officer or auhority.

(2) No order of the Administrator or any such officer or authority made under this Act shall be questioned in any Civil Criminal or Mamlatdar's Court.

36B. Suits involving issues required to be decid- ed under this Act.—(1) If any suit instituted in any Civil Court or Mamlatdar's Court involves any issues which arc required to be settled, decid- settle, decide or deal with such issues under this Act ( hereinafter referred to as the 'competent authority') at the Civil Court or Mamlatdar's Court shall stay the suit and refer such issues to such competent authority for determination.

(2) On receipt of such reference from the Civil Court or Mamlatdar's Court, the competent autho- rity shall deal with and decide such issues in accord- ance with the provisions of this Act, and shall com- municate its decisions to the Civil Court or Memlat- dar's Court and such Court shall thereupon dis- pose of the suit in accordance with the procedure applicable thereto.

36C. Indemnity.—No suit or other legal pro- ceedings shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act,

37. Rules.—(1) The Administrator may bv noti- fication in the Official Gazette make rules for carry- ing out the purposes of this Act.

(2) In particular and without prejudice to the generality of the forgoing power the Administrator may make rules, providing for—

(a) the manner of publication under sub-

section (2) of section 4;

(b) the manner of giving public notice under

sub-section (3) of section 5;

(c) village records in which fragments shall be entered under sub-section (1) of section 6;

(cc) The manner of choosing by lot under clause (b) of sub-section (2) of section 8AA;

(d) the manner in which the intention to make a scheme shall be published under section 15;

(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;

(e) the manner of publication under sub-sec- tion (2) of section 17 of a declaration made under sub-section (1) of the said section.

(f) the manner jn which a draft scheme of consolidation shall be published under sub-section (1) of section 19 in the village or villages concerned;

(ff) the manner of publication of further amended scheme under clause (b) of sub- section (2) of section 20;

(g) the manner of publication of a scheme under sub-section (1) of section 21, on its being confirmed;

(h) the manner in which a person may be evicted under sub-section (2A) of section 21;

(i) the manner in which compensation re- coverable from an owner shall be depo- sited by him under sub-section (3) of section 21;

(j) the manner in which right of holding may be allotted under sub-section (4) of section 21;

(k) the form in which a certificate shall be

granted under section 24; \

(1) the period within which an application shall be made under clause (b) of sub- section (2) of section 26;

(m) the guidance of the Consolidation Officer and other officers and persons in res- pect of the transfer of a mortgage, debt or other encumbrance under sub-section (1) of section 29;

(n) the conditions in accordance with which holdings may be transferred under clause (a) of section 31;

(nn) the manner of publication of an order

under section 31 A;

(o) the manner of publication of a draft-varia- tion under sub-section (1) of section 32 or of a varied scheme under sub-section (3A) thereof;

(oo) the manner in which village committees shall be constituted, and the duties and functions to be discharged by them, under section 34A;

(p) the manner in which the area and assess- ment (including water-rate, if any) of each reconstituted holding or part of such holding shall be determined;

(q) the manner in which corrections shall be made in the Record of Rights in ac- cordance with a scheme of consolidation;

(r) generally, for the guidance of the Conso- lidation Officer and other officers and persons in all proceedings under this Act;

(s) any other matter which is to be or may

be prescribed.

(3; All rules made under this section shall be

subject to the condition of previous publication.

(4) Omitted.

38. Omitted.

[No. U - 1 1 0 1 5 J 4 I 8 J - U T L ( 1 5 5 )J

R. V. PILLAI, Jt. Secy,

PRINTED BY THE MANAGER, GOVT. OF INDH PRESS, RING ROAD, NEW DELHI-1 1 0 0 64

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