Section 1 - Short title
BOMBAY
PREVENTION OF FRAGMENTATION AND CONSOLIDATED OF HOLDINGS (GUJARAT AMENDMENT)
ACT, 1978
Preamble - BOMBAY PREVENTION OF
FRAGMENTATION AND CONSOLIDATED OF HOLDINGS (GUJARAT AMENDMENT) ACT, 1978
THE BOMBAY PREVENTION
OF FRAGMENTATION AND CONSOLIDATED OF HOLDINGS (GUJARAT AMENDMENT) ACT, 1978
[Act No. 09 of 1979]
[29th March, 1979]
PREAMBLE
An Act further to
amend the Bombay Prevention of Fragmentation and Consolidation of Holdings Act,
1947, for certain purposes.
It
is hereby enacted in the Twenty-ninth Year of the Republic of India as
follows:-
Section 1 - Short title
This
Act may be called the Bombay Prevention of Fragmentation and Consolidated of
Holdings (Gujarat Amendment) Act, 1978.
Section 2 - Amendment of section 31 of Bom LXII of 1947
In
the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947
(Bom. LXII of 1947), section 31 shall be renumbered as sub-section (1) of that
section, and--
(i) in sub-section (1) as so renumbered, in clause (b),
for the words "State Government" the word "Collector" shall
be substituted;
(ii) after sub-section (1) as so renumbered, the
following sub-sections shall be inserted, namely:--
"(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 any
sub-division thereof, or to a sub-division of a holding allotted under this Act
(Guj. of 1978) where such subdivision is made to provide for the shares of
persons entitled thereto on the death of the owner, and does not create any
fragment; or
(b) shall be deemed ever to have applied to a transfer
of a holding allotted under this Act, made after the 19th February, 1969, but
before the date of the commencement of the Bombay Prevention of Fragmentation
and Consolidation of Holdings, (Gujarat Amendment) Act, 1978 (hereinafter
referred to as "the said date", where such transfer was of an entire
holding not involving any sub-division thereof and the transferee or his
successor-in-interest was occupying or was in possession of the holding so
transferred immediately before the said date and had not been evicted from such
holding before the said date in pursuance of an order of eviction passed by the
Collector under sub-section (3) of section 9, and such transfer shall not be,
and shall be deemed never to have been, void on the ground that it was contrary
to the provisions of this section.
(c) Where in respect of any holding to which clause (b)
of sub-section (2) applies an order for payment of fine by the owner
transferring such holding was made by the Collector under sub-section (2) of
section 9, or an order for eviction was made under sub-section (3) of section 9
but such order was not given effect to, such order shall be deemed to have
become ineffective on the said date and the fine, if paid by the owner, shall
be refunded to him. Any revision proceedings pending against any such order
which becomes ineffective under this sub-section shall abate.".