BOMBAY PREVENTION OF FRAGMENTATION AND SHORT TITLE.CONSOLIDATED OF HOLDINGS (GUJARAT AMENDMENT) ACT, 1979

Preamble - THE BOMBAY PREVENTION OF FRAGMENTATION AND SHORT TITLE. CONSOLIDATED OF HOLDINGS (GUJARAT AMENDMENT) ACT, 1979

THE BOMBAY PREVENTION OF FRAGMENTATION AND SHORT TITLE. CONSOLIDATED OF HOLDINGS (GUJARAT AMENDMENT) ACT, 1979

[Act No. 9 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 short title. Consolidated of Holdings (Gujarat Amendment) Act, 1979.

Section 2 - Amendment of section 31 of Bom LXIII of 1947

In the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947(Bom. LXIII 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 "Stale 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 where such subdivision is made to preside 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(Guj. Of 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 fox 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.