Section 37 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
37. Rules.
(1)The [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may make rules, providing for-(a)the manner of publication under sub-section (2) of Section 4;(b)the manner of giving pubic notice under sub-section (3) of Section 5;(c)village records in which fragments shall be entered under sub-section (1) of Section 6;(cc)[ the manner of choosing by lot under Clause (b) of sub-section (2) of Section 8AA;] [Clause (cc) was inserted by Bombay 61 of 1958, Section 3 (24).](d)the manner in which the intention to make a scheme shall be published [* * * *] [The words 'and the manner of preparation of the scheme' were deleted, by Bombay 61 of 1958, Section 3 (24).] under Section 15;(dd)[ the statement, records and maps to be included in the scheme of consolidation and the procedure and other matters to be observed in the preparation of the scheme under Section 15A;] [Clause (dd) was inserted, by Bombay 61 of 1958, Section 3 (24).](e)the manner of publication under sub-section (2) of Section 17 of a declaration made under sub-section (1) of the said section;(f)the manner in which draft scheme of consolidation shall be published under sub-section (1) of Section 19 in the village or villages concerned;(ff)[ the manner of publication of further amended scheme under Clause (b) of sub-section (2) of Section 20;] [This clause was inserted by Bombay 33 of 1956, Section 7 (1).](g)the manner of publication of a scheme under sub-section (1) of Section 21, on its being confirmed;(h)the manner in which a person may be evicted under sub-section [(2A)] [These brackets, figure and letter were substituted for the brackets and figure '(2A)' by Bombay 69 of 1953, Section 13 (1).] of Section 21;(i)the manner in which compensation recoverable from an owner shall be deposited by him under sub-section (2) of Section 21;(j)the manner in which right of holding may be allotted under sub-section (4) of Section 21;(k)the form in which a certificate shall be granted under Section 24;(l)the period within which an application shall be made under Clause (b) of sub-section (2) of Section 26;(m)the guidance of the Consolidation Officer and other officers and persons in respect of the transfer of a [mortgage] [The word 'lease' was deleted by Bombay 69 of 1953, Section 13 92).], debt or other encumbrance under sub-section (1) of Section 29;[***] [Deleted '(n) the conditions in accordance with which holdings may be transferred under Clause (a) of Section 31;' by Gujarat Act No. 14 of 2012, dated 7.12.2012.](nn)[ the manner of publication of an order under Section 34A] [This clause was inserted by Bombay 33 of 1956, Section 7 (2).];(o)the manner of publication of a draft variation under sub-section (1) of Section 32 [or of a varied scheme under sub-section 3A) thereof] [This portion was added, by Bombay 33 of 1956, Section 7 (2).];(oo)[ the manner in which village committees shall be constituted, and the duties and functions to be discharged by them, under Section 34A] [Clause (oo) was inserted by Bombay 61 of 1958, Section 3 (24).];(p)the manner in which the area and assessment (including water rate, if any) of each reconstituted holding or part of such holding shall be determined;(q)the manner in which corrections shall be made in the Record of Rights in accordance with a scheme of consolidation;(r)generally, for the guidance of the Consolidation Officer and other officer and persons in all proceedings under this Act;(s)any other matter which is to be or may be prescribed.(3)All rules made under this section shall be subject to the condition of previous publication.(4)[ Rules made under this section, shall be laid before [the Legislature of the State] [Sub-section (4) was added, by Bombay 61 of 1958, Section 3 (24).] at the session thereof next following and shall be liable to be modified or rescinded by a resolution [passed by the Legislature] [These words were substituted for the words 'in which both Houses Concur, by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] and such rules shall after notification in the Official Gazette, be deemed to have been modified or rescinded accordingly.]
