Section 37 in The Maharashtra 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 public 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.] under section 15;(dd)[ the statements, 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 16A;] [Clause (dd) was inserted by Bombay 61 of 1958.](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 a draft scheme or amended draft scheme of consolidation shall be published under section 19 in the village or villages concerned] [Clause (f) was substituted for the original by Maharashtra 19 of 1966, Section 17(A)(i).];(ff)[ the manner of publication of further amended scheme under [* * * *] [This clause was inserted by Bombay 33 of 1966, Section 7(1).] sub-section (2) of section 20;](g)the manner of publication of a scheme under sub-section (1) of section 21, on its being confirmed;(h)[ the manner in which compensation recoverable from any owner shall be deposited by him under sub-section (2) or (4) of section 21; [Clause (h), (i) and (ii) were substituted for the original clause (h) and (i) by Maharashtra 19 of 1966, Section 17(a)(iii).](i)the manner in which owners may be put in possession of holdings to which they are entitled under sub-section (3) of section 21 and the manner in which persons may be evicted under that sub-section;(ii)the manner of determining the additional compensation payable by an owner in respect of any holding allotted to him under a scheme or reduced compensation payable to the original owner of such holding, under sub-section (4) of section 21;](j)the manner in which right of holding may be allotted under [sub-section (6)] [This was substituted for the word, brackets and figure 'sub-section (4)' by Maharashtra 19 of 1966, Section 17(a)(iv).] 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;(ll)[ the circumstances in which and conditions subject to which permission to transfer land may be given under clause (b) of section 27;] [Clause (ll) was inserted by Maharashtra 31 of 1964, Section 5(a).](m)the guidance of the Consolidation Officer and other officers and persons in respect of the transfer of a [* *] [The word 'lease,' was deleted by Bombay 69 of 1953, Section 13(2).] mortgage, debt or other encumbrance under sub-section (1) of section 29;(n)[ the circumstances in which and the conditions subject to which holdings may be transferred or sub-divided under sub-section (1) of section 31;] [Clause (n) was substituted by Maharashtra 41 of 1977, Section 4.](nn)[ the manner of publication of an order under section 31A;] [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(3).];[o-1) the period within which the amount of compensation shall be refunded under sub-section (1) of section 33-A;] [Clause (o-1) was inserted by Maharashtra 31 of 1964, Section 5(b).][(o-2) the notice to be given under section 33-B;] [Clause (o-2) was inserted by Maharashtra 19 of 1966. Section 17(a)(v).](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 officers 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)[ Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, from the date of publication of a notification in the Official Gazette of such decision, have effect only in such modified form or be of no effect, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.] [Sub-section (4) was substituted for the original by Maharashtra 19 of 1966, Section 17(b).]
