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The Bombay Prevention of Fragmentation and Consolidation of Holdings Act,1947

Act 62 of 1947

Keyword(s):Consolidation of Holdings, Consolidation Officer, Fragment, Land, Owner,Standard Area

Amendments appended: 2 of 2016, 58 of 2017

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MAHARASHTRA ACT No. II OF 2016.

(First published, after having received the assent of the Governor in the‘‘ Maharashtra Government Gazette ’’, on the 1st January, 2016.)

An Act further to amend the Maharashtra Prevention ofFragmentation and Consolidation of Holdings Act.

WHEREAS it is expedient further to amend the Maharashtra Preventionof Fragmentation and Consolidation of Holdings Act, for the purposeshereinafter appearing; it is hereby enacted in the Sixty-sixth Year of theRepublic of India as follows :—

1. This Act may be called the Maharashtra Prevention of Fragmentationand Consolidation of Holdings (Amendment) Act, 2015.

2. After section 8A of the Maharashtra Prevention of Fragmentation andConsolidation of Holdings Act, the following section shall be inserted,namely :—

“8B. Nothing in sections 7, 8 and 8AA shall apply to the land situatedwithin the limits of a Municipal Corporation or a Municipal Council, orto the land situated within the jurisdiction of a Special PlanningAuthority or a New Town Development Authority appointed or constituted

LXII of1947.

Short title.

LXII of1947.

Insertion ofsection 8B inLXII of 1947.

Sections 7, 8and 8AA notto apply toland situatedin certainareas.

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Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ ÉÉnù).

RNI No. MAHENG /2009/35528

In pursuance of clause (3) of article 348 of the Constitution of India, the following translationin English of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings(Amendment) Act, 2015 (Mah. Act No. II of 2016), is hereby published under the authority of theGovernor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR,I/c. Secretary (Legislation)

to Government,Law and Judiciary Department.

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2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä ÉÉ®úÒ 1, 2016/{ÉÉè¹É 11, ¶ÉEäò 1937

under the provisions of the Maharashtra Regional and Town PlanningAct, 1966 or any other law for the time being in force, and also to anyland allocated to residential, commercial, industrial or any other non-agricultural use in the draft or final Regional plan prepared under theMaharashtra Regional and Town Planning Act, 1966 or any other law forthe time being in force :

Provided that, no person shall transfer any parcel of land situated inthe areas specified above, which has area less than the standard areanotified before the date of coming into force of the MaharashtraPrevention of Fragmentation and Consolidation of Holdings (Amendment)Act, 2015, unless such parcel is created as a result of sub-division orlayout approved by the Planning Authority or the Collector, as the casemay be, under the provisions of the Maharashtra Regional and TownPlanning Act, 1966 or any other law for the time being in force.”.

Mah.XXXVIIof 1966.

Mah.XXXVIIof 1966.

Mah.IIof2016.

Mah.XXXVII of1966.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

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MAHARASHTRA ACT No. LVIII OF 2017.

(First published, after having received the assent of theGovernor in the “ Maharashtra Government Gazette ”, on the

7th September 2017).An Act further to amend the Maharashtra Prevention of Fragmentation

and Consolidation of Holdings Act.

WHEREAS it is expedient further to amend the Maharashtra Preventionof Fragmentation and Consolidation of Holdings Act, for the purposeshereinafter appearing ; it is hereby enacted in the Sixty-eighth Year of theRepublic of India as follows :—

1. This Act may be called the Maharashtra Prevention of Fragmentationand Consolidation of Holdings (Amendment) Act, 2017.

Short title.

LXII of1947.

(1)

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RNI No. MAHENG/2009/35528

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation inEnglish of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings(Amendment) Act, 2017, (Mah. Act No. LVIII of 2017), is hereby published under the authority ofthe Governor.

By order and in the name of the Governor of Maharashtra,

N. J. JAMADAR,

Principal Secretary and Remembrancer ofLegal Affairs to Government,

Law and Judiciary Department.

¦ÉÉMÉ +É`-----142-----1

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2. In section 9 of the Maharashtra Prevention of Fragmentation andConsolidation of Holdings Act, after sub-section (3), the following provisoand Explanation shall be added, namely :—

"Provided that, save as otherwise provided in section 31, theCollector may, upon an application made in this regard, regularisea transfer or partition of a land contrary to the provisions of this Actmade on or after 15th day of November 1965 and before the date ofcommencement of Maharashtra Prevention of Fragmentation andConsolidation of Holdings (Amendment) Act, 2017, if such land isallocated to residential, commercial, industrial, public or semi-public orany non-agricultural use, in the prevailing draft or final Regional Plan;or is intended to be used for any bona fide non-agricultural user, subjectto payment of regularisation premium at such per centum not exceeding25 per cent. of the market value of such land as per the Annual Statementof Rates, as the Government may notify, from time to time, in the OfficialGazette:

Provided further that, save as otherwise provided in section 31, if atransaction of transfer or partition of land contrary to the provisions ofthis Act is regularised on the ground that the land would be used for anybona fide non-agricultural use, then failure to start such bona fide non-agricultural use within 5 years from the date of regularisation shall resultin forfeiture of such land by the Collector. Such land thereafter shall befirst offered to the holder or occupant of a neighbouring contiguoussurvey number or recognised sub-division of a survey number on paymentof 50 per cent. of the market value of such land as per the prevailingAnnual Statement of Rates and three-fourth of the amount so collectedshall be paid to the defaulting person from whom such land was forfeitedto the Government and the remaining one-fourth of the amount socollected shall be credited into the Government account. Where occupantof such neighbouring contiguous survey number or recognised sub-division refuses to purchase the fragment, the fragment shall beauctioned by the State Government and the proceeds thereof shall bedivided between the defaulting person and the Government in the ratioof 3:1.

Explanation.— For the purpose of this sub-section, the term "AnnualStatement of Rates" shall mean the Annual Statement of Rates publishedunder the provisions of the Bombay Stamp (Determination of True MarketValue of Property) Rules, 1995 or any other Rules for the time being in forcein this regard, prevalent in respect of the year in which the order ofregularisation is issued by the Collector or the year in which such premiumis paid, whichever is later."

Amendmentof section 9

of LXII of1947.

LXII of1947.

Mah.LVIIIof 2017.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.