Skip to content


Bombay Prevention of Fragmentation and Consilidation of Holdings Act, 1947 Section 21 - Bare Act

StateCentral Government
Year
Section TitleEnforcement of Scheme
Act Info:

1 [21. Enforcement of scheme :

(1)Upon the confirmation of any scheme under section 20, a notification statingthat the scheme has been confirmed shall be published by the SettlementCommissioner in the Official Gazette, and the scheme as confirmed shall bepublished in the prescribed manner in the village or villages concerned.

(2)Within one year from the date of publication of the notification in theOfficial Gazette, under sub-section (1), the owners from whom compensation isrecoverable under the scheme shall deposit the amount of compensation in theprescribed manner.

(3)The Consolidation Officer shall from the commencement of the agricultural yearnext following the date of publication of the notification in the OfficialGazette, under sub-section (1) and in the prescribed manner, put the owners inpossession of the holdings to which they are entitled under the scheme and fordoing so may, in the prescribed manner evict any person from any land which heis not entitled to occupy under the scheme :

Providedthat, if two-thirds or more of the owners affected by the scheme agree to enterinto possession of the holdings to which they are entitled under the scheme,the Consolidation Officer may put them in possession of such holdings from suchearlier date as may be decided upon by such owners.

(4)If the Consolidation Officer is satisfied that any standing crops, trees,embankments or similar other improvements which were not taken intoconsideration at the time of determining the compensation payable by an ownerof any holding under the scheme are found on such holding at the time ofputting the owner in possession of such holding, or that any such standingcrops, trees, embankments or similar other improvements which were taken intoconsideration at the time of determining the compensation payable by an ownerof any holding have ceased to exist or are substantially damaged at the time ofputting the owner in possession of such holding, he shall by order determine inthe prescribed manner the additional compensation payable by the owner or, asthe case may be, the reduction to be made in the compensation payable to theoriginal owner of such holding. Where additional compensation is to be paid, itshall be deposited in the prescribed manner by the owner from whom it isrecoverable, within one year from the date of the order passed by theConsolidation Officer for determining the additional compensation.

(5)If the owner from whom the compensation is recoverable fails to deposit itwithin the period specified in sub-section (2) or (4) or within such furtherperiod not exceeding one year as may be extended by the Consolidation Officer,it shall be recovered from him as an arrear of land revenue.

(6)If an owner refuses to accept possession of the holding to which he is entitledunder the scheme, his rights in such holding may be allotted in the prescribedmanner by the Consolidation Officer to any other person who pays the value ofthe holding and in such case the value realised after deducting the expense(hereinafter called "the net value") shall be paid to the owner andany other person having an interest in the holding.

(7)If no person is forthcoming to pay the value of the holding, the StateGovernment may recover from the owner the compensation recoverable from himunder the scheme as an arrear of land revenue or the State Government mayitself purchase the holding after paying the net value of the holding to theowner and any other person having interest in the holding.]

_____________________

1. Section 21 was substituted forthe original by Mah. Act 19 of 1966, Sec. 6.




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //