Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, (Maharashtra) Section 31 - Bare Act

Act Info:

¹[31 . Restrictions on alienation and sub-division of consolidated holdings

(1) Notwithstand ing anything contained in any law for the time being in force, no holding allotted under this Act, nor any part thereof shall save as otherwise provided in this section -

(a) be transferred, whether by way of sale (including sale in execution of a decree of a Civil Court or for recovery of arrears of land revenue or for sums recoverable as arrears of land revenue) or by way of gift, exchange, lease, or otherwise; or

(b) be sub-divided, whether under a decree or order of a Civil Court or any other competent authority, or otherwise, so as to create a fragment, without the previous sanction of the Collector. Such sanction shall be given by the Collector in such circumstances and subject to such conditions as may be prescribed.

(2) Nothing in sub-section (1) shall apply to any land -

(a) which is situated in any area for which -

(i) a municipal corporation is constituted under the Bombay Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, or the City of Nagpur Corporation Act, 1948; or

(ii) a municipal council is constituted under the Maharashtra Municipalities Act, 1965; or

(iii) a cantonment is constituted under the Cantonments Act, 1924; or

(b) which is situated in a notified area for which a Special Planning Authority is constituted or appointed under section 40 of the Maharashtra Regional and Town Planning Act, 1966; or

(c) which is situated in an area designated as a site for a new town for which a Development Authority is constituted under section 113 of the Maharashtra Regional and Town Planning Act, 1966; or

(d) which is situated in any area specified by the State Government, by notification in the Official Gazette, as being reserved for non-agricultural or industrial development.

(3) Nothing in sub-section (1) shall also apply to any land which is to be transferred -

(i) to the tenant of the holding or his heir; or

(ii) to the owner of the adjoining holding who cultivates his land personally; or

(iii) to an agriculturist or agricultural labourer, in its entirety; or

(iv) to a person who is rendered landless by reason of acquisition of his land for a public purpose; or

(v) to a co-operative society; or

(vi) by way of gift (whether by way of trust or otherwise) bona fide made by the owner in favour of a member of his family; or

(vii) by way of exchange, where such land is cultivated personally by the holder, for any other land allotted under this Act, which is also likewise cultivated personally by its holder :

Provided that no such transfer shall be made so as to create a fragment.]

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1. This Section was substituted for the original by Mah. 41 of 1977 s. 2.