[Act No. 26 of 1974] [ 29th May, 1974] An Act to amend the Madhya Pradesh Bhumi Sudhar
Yojana Adhiniyam, 1967. Be
it enacted by the Madhya Pradesh Legislature in the Twenty fourth Year of the
Republic of India as follows:- This
Act may be called the Madhya Pradesh Bhumi Sudhar Yojana (Sanshodhan)
Adhiniyam, 1973. In
the preamble to the Madhya Pradesh Bhumi Sudhar Yojana Adhiniyam, 1967 (No. 13
of 1967) (hereinafter referred to as the Principal Act), for the words
"and the reclamation of waste land", the words "the reclamation
of waste land and consolidation of holdings" shall be substituted. After
clause (2) of section 2 of the Principal Act, the following clauses shall be
inserted, namely:- "(2-a) "consolidation of holdings" means the
redistribution of all or any of the land included in the scheme so as to allot
to the owners contagious plots of land for the convenience of cultivation; (2-b) "consolidation officer" means a Revenue
Officer not below the rank of a Tahsildar, appointed by the State Government
for any district or districts to exercise the powers and perform the duties of
a Consolidation Officer under this Act;" In
section 5 of the Principal Act,- (a)
in sub-section (1), for clause (ii),
the following clause shall be substituted, namely:- "(ii) an officer of the Agriculture Department at the
district level not below the rank of a Deputy Director of Agriculture;"
and (b)
for sub-section (3), the following
sub-section shall be substituted, namely:- "(3) The Soil Conservation Officer shall be the
Secretary of the District Committee." In
section 7 of the Principal Act,- (a)
after clause (xii), the following
clause shall be inserted, namely:- "(xii-a) consolidation of holdings." After
section 15 of the Principal Act, the following: section shall be inserted,
namely:- "15-A. Executive Officer to forward proposal for
consolidation of holdings to Consolidation "Officer If
in consequence of any work carried out under a scheme, the Executive Officer is
of the opinion that it is necessary to change the boundaries of holdings or to
redistribute all or any of the lands in the area included in the Scheme for
securing greater convenience in cultivation, the Executive Officer shall
forward the proposal together with all relevant field maps, documents-and other
data to the Consolidation Officer for purpose of initiating action in
accordance with the provisions of Chapter VI-A. Explanation.-In
this section "holding" shall have the meaning assigned to that
expression in section 27-A." After
section 27 of the Principal Act, the following-chapter shall be inserted
namely:- "CHAPTER VI-A-CONSOLIDATION OF HOLDINGS 27-A. Definition of "holding" and powers of
Consolidation Officer For
the purposes of this Chapter- (a)
"holding" includes parcel of
land held by a Government lessee under one lease or set of conditions; (b)
Consolidation Officer shall have the
powers conferred upon a Tahsildar under the Madhya Pradesh Land Revenue Code,
1959 (No. 20 of 1959). 27-B. Initiation of proceedings for consolidation of
holdings On
receipt of the proposal under section 15-A for consolidation of holdings
included in a scheme, the Consolidation Officer shall proceed to deal with the
same in accordance with the procedure laid down by or under this Act. 27-C. Preparation of scheme for consolidation of holdings (1)
The Consolidation Officer shall
prepare a scheme for the consolidation of holding in the manner laid down by
rules made under section 27-M. (2)
If the Consolidation Officer is of
opinion that the redistribution of land in accordance with scheme of
consolidation of holdings will have the result of allotting to any owner, of
holding or land of a less market or productive value than that of his original
holding or land, the scheme may provide for the payment of compensation to such
owner by such person or persons as the Consolidation Officer may direct. (3)
When the scheme of consolidation is
complete, the Consolidation Officer, after considering and as far as possible
removing the objections, if any, made to the scheme, shall submit it for
confirmation to the District Committee. (4)
When the scheme of consolidation is
complete, and if all the owners affected by such scheme, agree to enter into
possession of the holdings allotted to them thereunder the Consolidation
Officer may allow them to enter into such possession from a date to be
mentioned in the scheme. Explanation.-For
the purpose of this section owner shall include the State Government in respect
of unoccupied land. 27-D. Confirmation of Scheme The
District Committee may confirm the scheme with or without modifications after
considering the objection or objections, if any, to the scheme of consolidation
and the recommendation of the Consolidation Officer. The decision of the
District Committee, subject to any order that may be passed in appeal by the
Commissioner under section 28, shall be final. 27-E. Procedure on confirmation (1)
Upon confirmation of the scheme of
consolidation, the Consolidation Officer shall, if necessary, demarcate the
boundaries of the holdings and shall proceed to announce the decisions finally
made and cause to be prepared, in accordance with the scheme, a new field map,
record-of-rights, other records as prescribed under section 114 of the Madhya
Pradesh Land Revenue Code, 1959 (No. 20 of 1959). (2)
The new records prepared under
sub-section (1) shall be deemed to have been prepared under Chapter IX of the
Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959). 27-F. Right of owners to possession of holdings The
owners affected by the scheme of consolidation, if they have not entered into
possession under sub-section (4) of section 27-C, shall be entitled to
possession of the holdings allowed to them under the scheme, from the
commencement of the agricultural year next following confirmation; and the
Consolidation Officer shall, if necessary, put them, by warrant in possession
of the holdings to which they are entitled: Provided
that if all the owners agree, they may, after, confirmation, be put into
possession of their holdings by the Consolidation Officer from any earlier
date. 27-G. Transfer of rights of owners in holdings (1)
Notwithstanding anything contained in
the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959), the rights of
owners in their holdings shall, for the purpose of giving effect to any scheme
of consolidation affecting them, be transferable by exchange or otherwise and
no person shall be entitled to object to or interfere with any transfer made
for the said purpose. (2)
The Consolidation Officer may also
transfer by ex-change or otherwise any land belonging to the State Government
where such transfer is necessary for the purpose of giving effect to any scheme
of consolidation. 27-H. No instrument necessary to effect transfer Notwithstanding
anything contained in any law for the time being in force-- (a)
no instrument in writing shall be
necessary in order to give effect to a transfer involved in carrying out any
scheme of consolidation of holdings; and (b)
no such instrument, if executed, shall
require registration. 27-I. Suspension of partition proceedings during currency
of consolidation proceedings No
proceedings for partition of the holdings which will affect the scheme of
consolidation shall be commenced and all such proceedings pending shall remain
in abeyance during the continuation of the consolidation proceedings. 27-J. Transfer of property during proceedings No
owner shall have power, during the continuance of the consolidation
proceedings, to transfer or otherwise deal with any part of his original
holding or land so as to affect the rights of any other owner thereto under the
scheme of consolidation. 27-K. Rights of owners after consolidation as before An
owner shall have the same rights in the holdings or land allotted to him in
pursuance of a scheme of consolidation as he had in his original holding. 27-L. Encumbrances of owners (1)
If the holding of any owner brought
under the scheme of consolidation is validly burdened with any lease, mortgage
or other encumbrance, such lease, mortgagee or other encumbrance, shall be
transferred and shall attach to the holding allotted to him under the scheme or
to such part of it as the Consolidation Officer, subject to any rules that may
be made under section 27-M may have appointed in preparing the scheme; and
thereupon, the lessee, mortgage, or other encumbrancer, as the case may be,
shall cease to have any right in or against the land from which the lease,
mortgage or other encumbrances has been transferred. (2)
Notwithstanding anything contained in
sub-section (1) or any other enactment for the time being in force the
Consolidation Officer shall, if necessary, put any lessee or any mortgagee or
other encumbrancer entitled to possession by warrant, into possession of the
holding or part of a holding to which his lease, mortgage or other encumbrance
has been transferred under sub-section (1). 27.M. Power to make rules (1)
The State Government may make rules
for the purpose of carrying into effect the provisions of this Chapter. (2)
In particular and without prejudice to
the generality of the foregoing power, the State Government may make rules- (a)
providing for the appointment and
constitution of an Advisory Committee or Panchayat to assist the Consolidation
Officer in the examination or preparation of the scheme; (b)
for determining the compensation to be
paid in cases falling under sub-section (2) of section 27-G; (c)
for determining the market or
productive value of the different holdings and lands brought under any scheme
of consolidation; (d)
for the guidance of the Consolidation
Officer in respect of the transfer of encumbrances and leases under section
27-L; and (e)
generally for the guidance of the
Consolidation Officer and other officers and persons in all proceedings under
this Chapter. (3)
All rules made under this section shall
be subject to the provisions of sub-sections (3) and (4) of section 36. In
sub-section (1) of section 28 of the Principal Act, for the figures, words and
brackets "25 or sub-section (1) of section 27", the figures, words
brackets and letter "25, sub-section (1) of section 27 or section
27-D" shall be substituted. In
section 32 of the Principal Act, for the words "the Collector or the Soil
Conservation Officer", the words "the Collector, the Soil
Conservation Officer or the Consolidation Officer" shall be substituted.THE MADHYA PRADESH BHUMI SUDHAR YOJANA (SANSHODHAN)
ADHINIYAM, 1973
PREAMBLE