Bare Acts

CHAPTER XII. —PREVENTION OF FRAGMENTATION


151. Definitions.—For the purposes of this Chapter,—
(a) “holding” means the aggregate area of land held by a person as a landowner;
(b) “fragment” means a holding of less than two and a half acres in area;
(c) “land” has the same meaning as in Chapter XI.
152. Restrictions on transfer, etc.—(1) No portion of a holding shall be transferred by way of sale,
exchange, gift, bequest or mortgage with possession, so as to create a fragment:
Provided that the provisions of this sub-section shall not apply to a gift made in favour of the
Bhoodan movement initiated by Acharya Vinoba Bhave.
(2) No portion of a holding shall be transferred by way of lease, where as a result of such lease,—
(i) the lessor shall be left with less than two and a half acres, or
(ii) the total area held by the lessee exceeds the limit of a family holding.
(3) No fragment shall be transferred to a person who does not have some land under personal
cultivation, or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit
of a family holding.
153. Partition of holding.—(1) No holding shall be partitioned in such manner as to create a
fragment.
(2) A fragment shall not be partitioned unless as a result of such partition its portions get merged in
holdings of two and a half acres or more or in fragments so as to create holdings of two and a half acres or
more;
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(3) Whenever, in a suit for partition, the court finds that the partition of a holding will result in the
creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the
same and distribute the proceeds thereof among the co-sharers.
(4) Whenever a holding is put up for sale under sub-section (3), a co-sharer shall have the first option
to purchase the holding at the highest bid; if there are two or more co-sharers claiming the first option,
that co-sharer who offers the highest consideration shall be preferred.
154. Transfers in contravention of this Chapter.—(1) Any transfer, partition or lease of land made
in contravention of the provisions of this Chapter shall be void.
(2) No document of transfer, partition or lease shall be registered unless declarations in writing are
made, in such form and manner as may be prescribed, by the parties thereto before the competent
registering authority under the Indian Registration Act, 1908 (16 of 1908), regarding lands held by each
prior to the transaction and the land which shall come to hold thereafter.
(3) No registering authority shall register under the Indian Registration Act, 1908 (16 of 1908), any
document of transfer, partition or lease of land if, from the declarations made under sub-section (2), it
appears that the transaction has been effected in contravention of the provisions of this Chapter.
155. Penalty.—The parties to any transfer, partition or lease made or entered into in contravention of
any of the provisions of this Chapter shall be punishable with fine which extend to one hundred rupees.
156. Power to make rules.—(1) The Administrator may, by notification in the Official Gazette,
make rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:—
(a) the form in which and the period within which a return under section 137 may be submitted;
(b) the agency through which information may be collected under section 138;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section (1) of section 139 and the manner of
determination of excess lands under this Part;
(e) the form in which a list under sub-section (3) of section 139 or sub-section (3) of section 142
may be prepared and the manner of publication of such list;
(f) the period within which an application for registration of excess land may be made under the
proviso to sub-section (4) of section 141;
(g) the manner of apportionment of compensation between the landowner and the tenant under
sub-section (2) of section 143;
(h) the manner of assessment of the market value of any structure of building or trees under
sub-section (3) of section 143;
(i) the manner of recovery of the compensation payable the tenant under sub-section (5) of
section 143;
(j) the manner of determining under sub-section (6) of section 143 the market value of any excess
land over which a mortgagee in possession acquires the rights of the mortgagor;
(k) the manner of determination of the net annual income of any excess land for the purpose of
payment of compensation under section 143;
(l) the manner of payment of compensation including the number of instalments in which the
compensation may be paid or recovered and the period within which bonds may be redeemed;
(m) the manner of demarcation of any excess land under section 147;
(n) the matters which may be determined by the Administrator in granting an exemption under
section 150 including the form in which applications and intimations may be made or given, under
section 150;
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(o) the from of declarations under section 154;
(p) any other matter which is to be or may be prescribed.

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