Section 26 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947
26. Exercise by Consolidation Officer of powers under certain Acts.
(1)During the continuance of the consolidation proceedings the Consolidation Officer shall exercise and discharge the functions of a revenue officer under Chapter IX of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), [* * * * *] [The words and figures 'or under Chapter X by the Madhya Pradesh Land Revenue Code, 1954 or as the case may be under Chapter VIII of the Hyderabad Land Revenue Act, 1931, Fasli', were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.],the Mamlatdars' Courts Act, 1906 (Bombay II of 1906), and the [relevant tenancy law] [These words were substituted for the words and figures, 'Bombay Tenancy Act, 1939', by Bombay 61 of 1958, Section 3 (17).]; and no revenue officer other than the Consolidation Officer shall take any proceedings under any of the said Acts in respect of any holding or land for the consolidation of which a notification has been issued under Section 15.(2)Where in respect of any holding the Consolidation Officer proceeds to prepare a scheme under Section 15-(a)all applications and proceedings including execution proceedings pending before any revenue officer under Chapter IX of the Bombay Land Revenue Code, 1879 (Bombay V of 1879), [* * * *] [The words and figures 'or under Chapter X by the Madhya Pradesh Land Revenue Code, 1954 or as the case may be under Chapter VIII of the Hyderabad Land Revenue Act, 1931, Fasli', were omitted by Bombay 61 of 1958, Section 3 (17).], the Mamlatdars' Courts Act, 1906 (Bombay II of 1906), and the [relevant tenancy law] [These words were substituted for the words and figures, 'Bombay Tenancy Act, 1939', by Bombay 61 of 1958, Section 3 (17).], in respect of any holding or land for the consolidation of which a notification has been issued under Section 15 shall be transferred to the Consolidation Officer; and(b)the Consolidation Officer shall, by proclamation, call upon all persons who claim to be entitled to possession under any of the said Acts of any holding for the consolidation of which a notification has been issued under Section 15 to make within the prescribed period an application to be put in possession of such holdings; and any person who fail to do so within the prescribed period shall thereafter be debarred from making it:Provided that, nothing in this clause shall debar any person from making, after the coming into force of scheme of consolidation under Section 22, any application in respect of any holding included in the scheme, if such application could lie under the provisions of any law for the time being in force.(3)The Consolidation Officer shall submit any order passed by him under any of the said Acts to the Collector for confirmation if an application in that behalf is made to him by any party to a proceeding under this section within fifteen days from the date of the order.
