Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 2 - Bare Act

Act Info:

Inthis Act, unless there is anything repugnant in thesubject or context,

(1)"agricultural year" means the year commencing on the first day ofApril;

(2)"consolidation of holdings" means the amalgamation and where necessarythe redistribu tion of holdings or portions of holdings in any village, mahalor taluka or any part thereof so as to reduce the number of plots in holdings;

(3)"Consolidation Officer" means an officer appointed as such undersection 15 by the ¹ [State] Government and includes any person authorised by the¹ [State] Government to perform all or any of the functions of the ConsolidationOfficer under this Act;

² [(3-A)"Co-operative Society" means a Co-operative Society registered ordeemed to be registered 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 bedeemed to be a fragment by reason of any diminution 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 OfficialGazette under section 3;

(7)⁵ [Deleted] .

(8)"owner" means in the case of unalienated land the occupant 6[or tenureholder and when such land has been mortgaged, owner means the mortgagor; in thecase of alienated land owner means the superior holder; ⁶ [ ***]

⁷ [Providedthat in the Hyderabad area of the 3[State of Maharashtra] "owner"means a person who has permanent and heritable right of possession of land, andwhen unalienated 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 the State of Maharashtra, the ¹¹ [Bombay Land Revenue Code,1879;

(b)in the Vidarbha region of the ³ [State" of Maharashtra], the Madhya PradeshLand Revenue Code, 1954; and

(c)in the Hyderabad area of the ³ [State of Maharashtra,] the Hyderabad Land RevenueAct, 1317 Fasli;

(9b)"relevant tenancy law" means-

¹² [(a)in the Bombay area of the State of Maharashtra, the Bombay Tenancy andAgricultural Lands Act, 1948;

(b)in the Hyderabad area of the ³ [State of Maharashtra], the Hyderabad Tenancy andAgricultural Lands Act, 1950;

¹³ [(c)in the Vidarbha region of the State of Maharashtra, the Bombay Tenancy andAgricul tural Lands (Vidarbha Region) 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 under section 5 as theminimum are necessary for profitable cultivation in any particular local area;and includes a standard area revised under the said section;

¹⁶ [(10a)"village committee" means a village committee constituted undersection 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 forthe word "Provincial" by the Adaptation of LawsOrder, 1960.

2.This clause was inserted by Bom. 69 of 1953, s. 2.

3.The portion from "or that Act" to "region of the State wasomitted by the Maharashtra Adoption of Laws (State and Concurrentsubjects) Order, 1960

4.These words and figures were substitutedfor the words and figures "Bombay Co-operative Societies Act, 1925" byMah. 19 of 1966, s. 2(a).

5.Clause (7) was deleted by Bom. 61 of 1958, s. 3(2)(b).

6.These words were inserted, by Bom. 61 of 1958, s. 3(2)(c).

7.This Proviso was added by Bom. 61 of 1958, s. 3(2)(c).

8.The Explanation was omitted, by Bom. 61 of 1958.

9.Clauses (9a) to (9-C) were inserted by Bom. 61 of 1958, s. 3 (2) (d).

10.Sub-clause (e) wassubstituted by the Maharashtra Adaptation of Laws (State and ConcurrentSubjects) Order, 1960.

11.See now Maharashtra Land Revenue Code, 1966 (Mah. 41 of 1966).

12.Sub-clause (a) wassubstituted by the Maharashtra Adaption of Laws (State and ConcurrentSubjects) OrdersOrder, 1960.

13.Sub-clause (c) wassubstituted by Mah. 19 of 1966, s. 2(b).

14.Sub-clause (d) was omitted bythe Maharashtra Adaption of Laws (State and ConcurrentSubjects) Order, 1960.

15.This word was substituted forthe words "Provincial" by the Adaption of LawsOrder, 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" by Bom. 61 of1958,s.2(f).

18.Clause (12) was omitted by the Maharashtra Adapton of Laws and concurrentSubjects) Order, 1960.