(1)This Act may be called the Bombay Prevention of Fragmentation and Consolidationof Holdings Act, 1947,
1 [(2) It extends2 to the whole ofthe 3 [State of Maharashtra].
(3)It shall come into force in such areas and on such date as the 4 [State]Government may by notification in the Official Gazette direct.
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1. This sub-section was substituted for the original byBom. Act 61 of 1958, Sec. 3(1).
2. The Act was extended to that part of the State ofBombay to which immediately before the commencement of Bom. Act 61 of 1958, itdid not extend (vide Bom, Act 61 of 1958, Sec. 2).
3. These words were substituted for the words "Stateof Bombay" by the Maharashtra Adaptation of Laws (State and ConcurrentSubjects) Order, 1960.
4. This word was substituted for the word"Provincial" by the Adaptation of Laws Order, 1960.
Section 2 - Definitions
Inthis Act, unless there is anything repugnant in the subject or context,
(1)"agricultural year" means the year commencing on the first day ofApril;
(2)"consolidation of holdings" means the amalgamation and wherenecessary the redistribution of holdings or portions of holdings in anyvillage, mahal or taluka or any part thereof so as to reduce the number ofplots in holdings;
(3)"Consolidation Officer" means an officer appointed as such undersection 15 by the 1 [State] Government and includes any personauthorised by the 1 [State] Government to perform all or any of thefunctions of the Consolidation Officer under this Act;
2 [(3-A) "Co-operativeSociety" means a Co-operative Society registered or deemed to beregistered under the 3 [Maharashtra Co-operative Societies Act, 1960;
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(4)"Fragment" means a plot of land of less extent than the appropriatestandard areas determined under this Act:
Providedthat no plot of land shall be deemed to be a fragment by reason of anydiminution in its area by diluvion;
(5)"land" means agricultural land whether alienated or unalienated;
(6)"local area" means any area notified as such in the Official Gazetteunder section 3;
(7)5 [Deleted]
(8)"owner" means in the case of unalienated land the occupant 6 [ortenure holder and when such land has been mortgaged, owner means the mortgagor;in the case of alienated land owner means the superior holder; 6 [***]
7 [Provided that in the Hyderabadarea of the 3 [State of Maharashtra] "owner" means a personwho has permanent and heritable right of possession of land, and whenunalienated land has been mortgaged, owner means the mortgagor;
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(9)"prescribed" means prescribed by rules made under this Act;
9 [(9a) "relevant Code"means-
10 [(a) in the Bombay area of theState of Maharashtra, the 11 [Bombay Land Revenue Code, 1879;
(b)in the Vidarbha region of the 3 [State" of Maharashtra], theMadhya Pradesh Land Revenue Code, 1954; and
(c)in the Hyderabad area of the 3 [State of Maharashtra,] the HyderabadLand Revenue Act, 1317 Fasli;
(9b)"relevant tenancy law" means-
12 [(a) in the Bombay area of theState of Maharashtra, the Bombay Tenancy and Agricultural Lands Act, 1948;
(b)in the Hyderabad area of the 3 [State of Maharashtra], the HyderabadTenancy and Agricultural Lands Act, 1950;
13 [(c) in the Vidarbha region of theState of Maharashtra, the Bombay Tenancy and Agricultural Lands (VidarbhaRegion) Act, 1958;
(d)14 [Omitted]
(9c)"Settlement Commissioner" includes a Commissioner of SurveySettlement;
(10)"standard area" in respect of any class of land means the area whichthe 15 [State] Government may from time to time determine undersection 5 as the minimum are necessary for profitable cultivation in anyparticular local area; and includes a standard area revised under the saidsection;
16 [(10a) "villagecommittee" means a village committee constituted under section 34A;
(11)words and expressions used in this Act, but not defined have the meaningassigned to them in the 17 [relevant Code].
(12)18 [* ****]
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1.This word was substituted for theword "Provincial" by the Adaptation of Laws Order, 1960.
2.This clause was inserted by Bom.69 of 1953, s. 2.
3.The portion from "or thatAct" to "region of the State was omitted by the Maharashtra Adoptionof Laws (State and Concurrent subjects) Order, 1960
4.These words and figures weresubstituted for the words and figures "Bombay Co-operative Societies Act,1925" by Mah. 19 of 1966, s. 2(a).
5.Clause (7) was deleted by Bom. 61of 1958, s. 3(2)(b).
6.These words were inserted, Bom.61 of 1958, s. 3(2)(b), s. 3(2) (c).
7.This Proviso was added by Bom. 61of 1958, s. 3(2)(c).
8.The Explanation was omitte, Bom.61 of 1958, s. 3(2)(c).
9. Clauses (9a) to (9-C) wereinserted by Bom. 61 of 1958, s. 3 (2) (d).
10. Sub-clause (e) was substitutedby the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order,1960.
11. See now Maharashtra Land RevenueCode, 1966 (Mah. 41 of 1966).
12. Sub-clause (a) was substitutedby the Maharashtra Adaption of Laws (State and Concurrent Subjects) OrdersOrder, 1960.
13. Sub-clause (c) was substitutedby Mah. 19 of 1966, s. 2(b).
14. Sub-clause (d) was omitted bythe Maharashtra Adaption of Laws (State and Concurrent Subjects) Order, 1960.
15. This word was substituted forthe words "Provincial" by the Adaption of Laws Order, 1950
16. This clause was inserted by Bom.61 of 1958, s. 3(2)(e).
17. These words were substituted forthe words and figures "Bombay Land Revenue Code, 1879" ibid., s.2(f).
18. Clause (12) was omitted by theMaharashtra Adapton of Laws and concurrent Subjects) Order, 1960.