Section 31 in The Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947
31. [ Restrictions on alienation and sub-division of consolidated holdings. [This section was substituted for the original by Maharashtra 41 of 1977, Section 2]
(1)Notwithstanding 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, 1949, 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.]
