Section 1 - Short title
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.