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L. A. BILL No. XXVII OF 2024.

A BILL

further to amend the Maharashtra Prevention of Fragmentation and

Consolidation of Holdings Act.

WHEREAS both Houses of the State Legislature were not in session ;

AND WHEREAS the Governor of Maharashtra was satisfied that

circumstances existed which rendered it necessary for him to take immediate

action further to amend the Maharashtra Prevention of Fragmentation and

Consolidation of Holdings Act, for the purposes hereinafter appearing ; and,

therefore, promulgated the Maharashtra Prevention of Fragmentation and

Consolidation of Holdings (Amendment) Ordinance, 2024 on the 15th October

2024 ;

LXII of

1947.

Mah.

Ord.

XIV of

2024

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MAHARASHTRA LEGISLATURE SECRETARIAT

The following Bill was introduced in the Maharashtra Legislative Assembly on the 16

16^th

th December,

December,

2024

2024 is published under Rule 117

117

117 of the Maharashtra Legislative Assembly Rules.

RNI No. MAHBIL/2009/40123

(1)

¦ÉÉMÉ {ÉÉSÉ-+-30-1.

BSÉ¤ÉÒ-2116-1.

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AND WHEREAS it is expedient to replace the said Ordinance, by an

Act of the State Legislature ; it is hereby enacted in the Seventy-fifth Year

of the Republic of India as follows :—

(1) This Act may be called the Maharashtra Prevention of

Fragmentation and Consolidation of Holdings (Amendment) Act, 2024.

(2) It shall be deemed to have come into force on the 15th October 2024.

In section 9 of the Maharashtra Prevention of Fragmentation and

Consolidation of Holdings Act (hereinafter refered to as “ the Principal Act”),

in sub-section (3), in the first proviso,—

(1) for the words, brackets and figures “Maharashtra Prevention of

Fragmentation and Consolidation of Holdings (Amendment) Act, 2017”

the words, brackets and figures “the Maharashtra Prevention of

Fragmentation and Consolidation of Holdings (Amendment) Act, 2024”

shall be substituted ;

(2) for the words and figures “at such per centum not exceeding 25

per cent. of the market value of such land as per the Annual Statement

of Rates, as the Government may notify from time to time, in the Official

Gazette” the words “of five per cent. of the market value of such land as

per the Annual Statement of Rates” shall be substituted.

(1) The Maharashtra Prevention of Fragmentation and Consolidation

of Holdings (Amendment) Ordinance, 2024, is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

(including any notification or order issued) under the corresponding

provisions of the principal Act, as amended by the said Ordinance, shall be

deemed to have been done, taken or issued, as the case may be, under the

corresponding provisions of the principal Act, as amended by this Act.

Short title

and

commence-

ment.

LXII of

1947.

Amendment

of section 9

of LXII of

1947.

Mah.

LVIII of

2017.

Mah.

...... of

2024.

Repeal of

Mah. Ord.

XIV of 2024

and saving.

Mah.

Ord. XIV

of 2024.

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STATEMENT OF OBJECTS AND REASONS

Sub-section (3) of section 9 of the Maharashtra Prevention of

Fragmentation and Consolidation of Holdings Act (LXII of 1947) is amended

by the Maharashtra Prevention of Fragmentation and Consolidation of

Holdings (Amendment) Act, 2017 (Mah. LVIII of 2017) to regularise the

transfer or partition of a land contrary to the provisions of the said Act,

made during the period starting from 15th November 1965 till the date of

the commencement of the said Amendment Act, by payment of regularization

premium at such per cent. not exceeding 25 per cent. of the market value of

such land as per the Annual Statement of Rates, as the Government may

notify, from time to time, in the Official Gazette. Accordingly, the Government

of Maharashtra has notified the regularization premium at 25 per cent. of

the market value of land as per the Annual Statement of Rates. The purpose

of the said amendment was that, the occupants of such fragments can start

their permissible use and number of land parcels which are not in use can be

brought back into productive use, thereby contributing to the growth of

economy.

It was noticed that, there is less response of people to such

regularization. The Government was of the view that, there may be a

possibility that the less response to regularise such transfers were due to

higher regularization premium.

A Committee headed by Shri Umakant Dangat was formed by the

Government to study the important laws related to the revenue and to

recommend the amendments thereto, if required. The said Committee

recommended to reduce the said regularization premium to ten per cent. of

market value of land.

In order to achieve the abovereferred purposes of the said amendment,

it was considered expedient to allow the regularization of such transfers or

partition of a land upto the date of commencement of this Act and to reduce

the regularization premium and fix it in the Act itself at 5 per cent. of the

market value of such land.

As both Houses of the State Legislature were not in session and the

Governor of Maharashtra was satisfied that circumstances existed which

rendered it necessary for him to take immediate action further to amend

the Maharashtra Prevention of Fragmentation and Consolidation of Holdings

Act, for the purposes aforesaid, Maharashtra Prevention of Fragmentation

and Consolidation of Holdings (Amendment) Ordinance, 2024 (Mah. Ord.

XIV of 2024), was promulgated by the Governor of Maharashtra on the 15th

October 2024.

The Bill is intended to replace the said Ordinance by an Act of the

State Legislature.

Nagpur,

DEVENDRA FADNAVIS,

Dated the 15^th December, 2024.

Chief Minister

Vidhan Bhavan :

JITENDRA BHOLE,

Nagpur,

Secretary (1) (I/C),

Dated the 16^th December, 2024.

Maharashtra Legislative Assembly.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, RUPENDRA DINESH MORE, PRINTED AT

GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND

PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.