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BIHAR LAND REFORMS ACT, 1950

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Preliminary (Bihar Act 30 of 1950)

       For Statement of Objects and Reasons, see the Bihar Gazette, Extraordinary of the 10th December, 1949; for report of the S.C. see the Bihar Gazette, Extraordinary of the 1st February, 1950; for proceedings in the Legislative Assembly see the Bihar Legislative Assembly Debates. 1949, Volume VII, No. 21, PP, 1 -40,1950, Volume I No. 3 page 81. No. 4, pages 14-35, 37-39, 40-48, No. 5, pages 9-47, No. 6. pages 19-48. No. 27. pages 21-49, No. 28. pages 18-57, No. 29, pages 54-83. No. 30, pages 1-32, No. 31, pages 17-51, No. 32. pages 21-45, No. 33, pages 33-89, No. 34, pages 17-30, 31-54. No. 36, pages 42-65, No. 37, pages 15-58, No. 38. pages 18-78, No. 39 pages 29-52, No. 50, pages 39-71, No. 51 pages 43-50 and for proceedings in the Legislative Council, see the Bihar Legislative Council Debates, 1950, volume I, No. 24, pages 10-38, No. 25, pages 26-48. No. 26 pages 12-39, No. 28. pages 16-44, No. 29, pages 54-97. No. 30, pages

Of course. Here is a concise legal commentary on the Preliminary section of the Bihar Land Reforms Act, 1950, based on the provided sources.

Act: BIHAR LAND REFORMS ACT, 1950

Section: Preliminary

Introduction

The Bihar Land Reforms Act, 1950 (Act XXX of 1950) was enacted to abolish the zamindari system and other intermediary tenures in the state of Bihar. Its primary objective was to transfer the interests of proprietors and tenure-holders in land, along with related interests in forests, fisheries, mines, and minerals, to the State. This marked a fundamental shift in land ownership from feudal intermediaries to the State, aiming to bring the government into direct contact with the cultivators and implement agrarian reforms for the general benefit of the community. The Act was a key piece of social and economic legislation, and its constitutional validity was upheld by the Supreme Court as a measure for public purpose.

What the Section Says

The "Preliminary" section of the Act (Section 1) provides the short title, extent, and commencement. It states:- Short Title: This Act may be called the Bihar Land Reforms Act, 1950.- Extent: It extends to the whole of the State of Bihar.- Commencement: It came into force on the 25th day of September, 1950.

Essential Ingredients

The essential elements of the Act, as defined by its preamble and judicial interpretation, are:- Abolition of Intermediaries: The Act aims to transfer the interests of proprietors, tenure-holders, mortgagees, and lessees to the State.- Vesting in the State: Upon notification, estates vest in the State of Bihar, absolute and free from all encumbrances.- Settlement with Raiyats: The Act deems certain lands (e.g., agricultural lands in khas possession of the intermediary) to be settled with them as raiyats (tenants) under the State, thereby creating a direct relationship between the State and the cultivator.- Compensation: The Act provides for a mechanism to compensate the ex-intermediaries for the loss of their estates.- Non-obstante Clause: The provisions of the Act prevail over any other law, contract, or custom to the contrary, specifically through the non-obstante clause in Section 4.

Scope of the Section

The Preliminary section establishes the jurisdictional and temporal scope of the Act. It applies to all lands, estates, and tenures within the territorial limits of the State of Bihar. The Act is a comprehensive code for land reform, overriding prior special laws and private agreements. Its scope extends to:- All proprietary and tenure-holding interests in land.- Interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines, and minerals.- Incorporated companies owning zamindari estates.- Statutory leases and rights arising from them.

Punishment for the Section

The Preliminary section itself does not prescribe any punishment, as it is a definitional and introductory provision. The Act, however, contains penal provisions in later sections (such as Section 38 for offences related to furnishing false information or obstructing proceedings), but these are not part of the "Preliminary."

Legal Comments

S.1 Short title, extent and commencement.

       (1) This Act may be called the Bihar Land Reforms Act, 1950.
       (2) It extends to the whole of the State of Bihar
(3) It shall come into force on such date [ ] as the State Government may, by notification, appoint in this behalf.


Legal Comments

  • "Short Title" - The Act may be called the Bihar Land Reforms Act, 1950 -

  • "Extent" - It extends to the whole of the State of Bihar -

  • "Commencement" - It shall come into force on such date as may be notified (commencement date is to be fixed by the appropriate authority) -

  • "Preamble / Purpose" - The Act is intended to provide for transference to the State of the interests of proprietors and tenure-holders in land, and of mortgagees and lessees of such interests -

  • "Intermediaries covered" - The Act contemplates vesting of interests of proprietors and tenure-holders in land in the State, including interests of mortgagees and lessees -

  • "Scope of included rights" - The transfer extends to rights in land along with associated rights in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals -

  • "Inclusion of hats and bazars" - Hats and bazars are expressly treated as part of the estate/tenure and vest in the State on vesting actions (concept illustrated in case law regarding vesting of bazars) - [In The Matter Of Jagdishpur Zamindari Co. Ltd. (In Liquidation) VS State]

  • "Inclusion of mines and minerals" - The Act’s ambit explicitly includes rights in mines and minerals as part of the intermediary interests that vest in the State -

  • "Long title context" - The long title signals broad reform objectives, including transfer of intermediary interests in land and related rights to the State and regulation of such interests (reflecting the Act’s expansive scope) -

  • "Preamble alignment with social reform" - The treatment of intermediary rights (land, hats/bazars, mines, etc.) aligns with post-independence agrarian reform aims to remove intermediary control in favor of State stewardship -

  • "Relation to vesting mechanism (Section 3 context)" - Section 1 sets the broader framework; vesting of intermediaries’ rights is effected through notifications under Section 3 (not in Section 1 text, but essential to how Section 1’s objectives are operationalized) - [Tarapado Dhiwar, son of Late Amaulya Dhiwar VS State of Jharkhand]

  • "Eligibility of vesting effects on title disputes" - The act contemplates vesting in the State, which later triggers procedures for settlement or compensation, with subsequent judicial interpretation addressing how vesting interacts with title claims (Section 3–4 topics are central to practical effects, though not in Section 1 itself) - [Shanti Devi VS State of Bihar]

  • "Compensation framework preliminary note" - The Act provides for compensation to intermediary interests when vesting occurs; this is a core contextual feature later elaborated in sections like 24A and related judgments (Section 1 frames the entitlement that later sections handle) - [State Of Gujarat VS Shantilal Mangaldas], [Chintamani Sharan Nath Sahadeo VS State Of Bihar]

  • "Interplay with Compensation Officer" - Courts have treated the compensation process under the Act as a specialized remedy, not a general civil-claims route (illustrative of the Act’s unique remedial structure) - [Keshab Narayan Banerjee VS State Of Bihar], [Radhika Devi VS Ramshray Prasad Choudhary]

  • "Judicial approach to vesting reached in case law" - Indian courts have emphasized that vesting under the Act produces a statutory framework that confines rights in certain ways (e.g., Jamabandi cannot adjudicate title under Section 40(1); vesting effects interact with rent/possession and title proceedings) - [Shanti Devi VS State of Bihar]

  • "Bazars/hats as vestable property" - The judiciary has interpreted bazars/hats as vested properties under Sections 3–4, reinforcing the expansive reach of vesting beyond mere arable land to include commercial and non-agricultural assets tied to intermediary holdings - [In The Matter Of Jagdishpur Zamindari Co. Ltd. (In Liquidation) VS State]

  • "Definitional scope (estate/ Proprietor) highlighted in practice" - While Section 1 lays out the broad objective, the definitional boundaries of what constitutes an "estate" or "proprietor" are clarified and applied in subsequent sections and in case law (e.g., bazars, hats, mines) - [Maharaja Aditya Pratap Singh Deo VS State Of Bihar], [Maharaj Singh VS State Of U. P. ]

  • "Preamble’s broad transfer theme and modern interpretation" - The Act’s foundational text (Section 1 and its preamble) supports a broad transfer regime that has been interpreted by courts to enable State ownership and regulate intermediary rights across diverse assets, including those beyond land (mines, bazars, hats) - , [Maharaja Aditya Pratap Singh Deo VS State Of Bihar]

  • "Overall takeaway for Section 1" - Section 1 establishes the Act’s name, territorial extent, commencement mechanism, and the overarching policy objective of transferring a wide spectrum of intermediary interests in land and associated assets to the State; subsequent sections operationalize vesting and compensation, with court decisions interpreting the Act’s broader ambit and practical consequences - , [In The Matter Of Jagdishpur Zamindari Co. Ltd. (In Liquidation) VS State], [State of Jharkhand VS Sher Ali Ansari S/o Late Gani Ansari]

Note: Citations refer to the provided sources in square brackets.

S.2 Definitions.

       In this Act, unless there is anything repugnant in the subject or context :-
       (a) "Agricultural year" means, where the Bengali year prevails, the year commencing on the first day of Baisakh, where the Fasli or Amli year prevails, the year commencing on the first day of Asin and, where any other year prevails for agricultural purposes, that year;
       (b) "Board" means the Board constituted under Section 18;
       [(bb) "Building used primarily as office or cutchery for the collection of rent" includes, in relation to an estate or tenure vested in the State, any building used by the intermediary primarily for the purpose of collecting rent, deposting cash collections, storing produce rents, doing office work in connection with the settlements of lands or custody of settlement papers or other records relati

S.2(a) Interpretation.

The expressions 'proprietor or tenure-holder' and 'estate or tenure' wherever they occur in this Act shall unless the context or subject otherwise requires' be construed to mean and include; intermediary' and the 'intermediary interest' respectively.


S.2(b) [x x x x]


S.3 Notification vesting an estate or tenure in the State.

       (1) The State Government may from time to time, by notification [ ], declare that the estates or tenures of a proprietor or tenure-holder, specified in the notification, have passed to and become vested in the State.
       [(2) The notification referred to in sub-section (1) shall be published in the Official Gazette. A copy of such notification shall be sent by registered post, with acknowledgement due, to the proprietor of the estate recorded in the general register of revenue-paying or revenue-free lands maintained under the [Land Registration Act, 1876 (Bengal Act 7 of 1876)] or in case where the estate is not entered in any such registers and in the case of tenure-holders to the proprietor of the estate or to the tenure-holder of the tenure if the Collector is in possession of a list of such proprietors or tenure-holders together with their addresses, and such posting shall be deeme

S.3(a) Vesting of estates and tenures in the State.

       (1) Without prejudice to the provision in the last preceding Section the State Government may, at any time, by notification, declare that the intermediary interests of all intermediaries in the whole of the State have passed to and become vested in the State.
       (2) It shall be lawful for the State Government, if it so thinks fit, to issue, from time to time, a notification of the nature mentioned in sub-section (1) in respect of the intermediary interests situate in a part of the State specified in the notification and, on the publication of such notification, all intermediary interests situate in such part of the State shall have passed to and become vested in the State.
(3) The notification referred to in sub-section (1) or sub-section (2) shall be published in the Official Gazette]


S.3(b) Provisions applicable to notifications proposed to be issued under Section 3A.

       Where it is proposed to issue a notification under Section 3A in respect of all intermediary interests in the whole of the State, or in a part of the State, the following provisions shall apply, namely :-
       (1) The State Government shall publish a proclamation in the Official Gazette, not less than three months before the date on which it is proposed to issue a notification under sub-section (1) or sub-section (2) of Section 3A, announcing its intention to take over, on the expiration of the said period, all intermediary interests in the whole of the State or, as the case may be, in such part of the State as may be specified in the proclamation.
       (2) The substance of the proclamation shall be announced by beat of drum in all the villages of the State or, as the case may be, in the villages situate within such part of the State as may be spe

S.4 Consequences of the vesting of an estate or tenure in the State.

       [Notwithstanding anything contained in any other law for the time being in force or any contract and notwithstanding any non-compliance or irregular compliance of the provisions of Sections 3, 3A and 3B except the provisions of sub-section (1) of Section 3 and sub-section (1) of Section 3A, on the publication of the notification under sub-section (1), of Section 3 or sub-section (1) or sub-section (2) of Section 3A, the following consequences shall ensue and shall be deemed always to have ensued, namely:]
       (a) [xxx] Such estate or tenure including the interests of the proprietor or tenure-holder in any building or part of a building comprised in such estate or tenure and used primarily as office or cutchery for the collection of rent of such estate or tenure, and his interests in trees, forests, fisheries, jalkars, hats, bazars, [mela] and ferries and all other sairati interests, as

Legal Comments

S.4(a) Revision.

       The Commissioner of the division may at any time call for and examine the record of any proceeding under clause (h) or clause (hh) for the purpose of satisfying himself as to the correctness, legality or propriety of any finding or order recorded or passed in such proceeding whether before or after the commencement of the Bihar Land Reforms (Amendment) Act, 1959 and on examining the record, he may, after hearing if necessary, the person concerned. -
       (a) direct such further inquiry to be made as he may specify;
       (b) in a proceeding under clause (h), report the matter for orders of Government which may thereupon pass such orders as it may consider necessary;
       (c) in a proceeding under clause (hh), pass such orders as he may consider necessary; or
(d) decline to interfere with the finding or ord

S.5 Homesteads of intermediaries to be retained by them as tenants.

       (1) With effect from the date of vesting all homesteads comprised in an estate or tenure and being in the possession of [an intermediary] on the date of such vesting shall, [subject to the provisions of Sections 7A and 7B] be deemed to be settled by the State with such [intermediary] and he shall be entitled to retain possession of the land comprised in such homesteads and to hold it as a tenant under the State free of rent:
       Provided that such homestads as are used by the [intermediary] for purposes of letting out on rent shall be subject to the payment of such fair and equitable ground rent as may be determined by the Collector in the prescribed manner.
(2) If the claim of [an intermediary] as to his possession over such homestead or as to the extent of such homesteads is disputed by any person within three months from the date of such vesting, the Collector shall, on applicati

S.6 Certain other lands in khas possession of intermediaries to be retained by them on payment of rent as raiyats having occupancy rights.

       (1) On and from the date of vesting all lands used for agricultural or horticultural purposes, which were in khaspossession of [an intermediary] on the date of such vesting, including. -
       (a) (i) proprietor's private land let out under a lease for a term of years or under a lease, from year to year, referred to in Section 116 of the Bihar Tenancy Act, 1885 (8 of 1885),
       (ii) landlord's, privileged lands let out under a registered lease for a term exceeding one year or under a lease, written or oral, for a period of one year or less; referred to in Section 43 of the Chota Nagpur Tenancy Act, 1908 (Ben. Act 6 of 1908),
       (b) lands used for agricultural or horticultural purposes and held in the direct possession of a temporary lessee of an estate or tenure and cultivated by himself with his own stock

S.7 Buildings together with lands on which such buildings stand in the possession of intermediaries and used as golas, Factories or mills to be retained by them on payment of rent.

       (1) Such buildings or structures together with the lands on which they stand, other than any buildings used primarily as offices or cutcheries referred to in clause (a) of Section 4, as were in the possession of [an intermediary] at the commencement of this Act and used as golas, factories or mills, for the purpose of trade, manufacture or commerce or used for storing grains or keeping cattle or implements for the purpose of agriculture and constructed or established and used for the aforesaid purposes before the first day of January, 1946, shall [subject to the provisions of Sections 7A and 7B] be deemed to be settled by the State with such [intermediary] and he shall be entitled to retain possession of such buildings or structures together with the lands on which they stand as a tenant under the State, subject to the payment of such fair and equitable ground rent as may be determined by the Collector in the prescribed manne

S.7(a) Lands on which hat or bazar was held not deemed to be settled with intermediary.

Nothing in Section 5, Section 6 or Section 7 shall be deemed to confer any right on the intermediary in respect of any land on which at any time within one year prior to the date of vesting to the estate or tenure the intermediary was holding a hat or bazar.


S.7(b) Right to hold mela to vest in the State.

       Where on any land deemed to be settled with the intermediary under Section 5, Section 6 or Section 7, a mela was being held by the intermediary at any time within three years of the date of vesting, the right to hold suchmela on such land shall, with effect from the date of vesting, vest in the State and notwithstanding anything contained in any law, the State Government shall have and the intermediary shall not have the right to hold mela on such land:
Provided that where any such mela on any such land has already been settled by the State Government with any outgoing intermediary on his foregoing the compensation payable to him under Section 32 and settlement is still subsisting, it shall not be disturbed till the expiry of the period of settlement.


S.7(c) [x x x x]


S.7(d) Land and buildings, etc. acquired for an industrial undertaking and utilised for providing civic amenities, namely, health, housing, welfare, power house, and educational facilities to be deemed settled with it by the State.

       [(1) If any land has been acquired for an industrial undertaking under the Land Acquisition Act, 1894 (Act I 1894) so much of such land and buildings and structures thereon in possession of the industrial undertaking as are being utilised for providing civic amenities, namely health, housing, welfare, power house and educational facilities to its employees and so much of the remaining portion of such land and building and structures thereon as are found essential on enquiry by the State Government for production processes of the industrial undertaking shall be deemed to have been leased out by the State Government with the owner of the industrial undertaking for such period as determined by the State Government subject to payment of such fair and equitable rent as determined by the State Government.]
       [(2) The provisions of sub-section (1) shall have effect notwithstanding anything

S.7(e) Land and building, etc., acquired for an industrial undertaking and leased out by it to another industrial undertaking for its expansion by establishing new industry or to an individual to be deemed as leased with it by State Government on same terms.

       [If any portion out of the land acquired for an industrial undertaking under the Land Acquisition Act, 1894 (Act I of 1894) has been leased out by the industrial undertaking before the 22nd June, 1970 to another industrial undertaking for establishment of a new industry or its expansion or to any individual or society or association for residential, commercial or for such other purpose, the whole of such land, buildings or structures covered by such lease shall with effect from the commencement of this Act, be deemed to be leased to the industrial undertaking for such period as may be determined by the State Government subject to payment of fair and equitable rent as determined by the State Government and the other industrial undertaking, individual, society or association to whom lease has been granted by the industrial undertaking shall be deemed to be the sub-lessee of the original industrial undertaking and the provisions

S.7(f) [x x x]


S.7(g) Land acquired for public sector undertaking on which no occupancy right has been acquired to be saved to public sector undertaking.

       Notwithstanding anything contained in this Act, where any land has been acquired for public sector undertaking under the Land Acquisition Act, 1894 (Act 1 of 1894), so much of land on which occupancy right has not been acquired by any tenant before the commencement of this Act in accordance with the tenancy law of the area in which it is situated, shall be saved to the said public sector undertaking: Provided that nothing in this Section shall entitle the public sector undertaking to create any intermediary interest or tenancy in accordance with the tenancy law of the area in which it is situated.
       Explanation. - Nothing in this proviso shall, however, affect the right of a public sector undertaking to lease out or settle lands with a view to provide civic, amenity, health, housing, welfare and educational facilities to its employees, or for industries concerning or ancillary to the

S.8 Appeal against Collector's order under Sections 5, 6 or 7.

An Appeal against any order of the Collector under sub-section (2) of Section 5, or Section 6 or Section 7, if preferred within sixty days of such order, shall lie to the prescribed authority [not below the rank of an Additional Collector] who shall dispose of the appeal according to the prescribed procedure.


S.9 Mines worked by intermediary.

       (1) With effect from the date of vesting all such mines comprised in the estate or tenure as were in operation at the commencement of this Act and were being worked directly by the [intermediary] shall, notwithstanding anything contained in this Act, be deemed to have been leased by the State Government to the [intermediary and he] shall be entitled to retain possession of those mines as a lessee thereof.
       (2) The terms and conditions of the said lease by the State Government shall be such as may be agreed upon between the State Government and the [intermediary] or in [the absence] of agreement as may be settled by a Mines Tribunal appointed under Section 12:
Provided that all such terms and conditions shall be in accordance with the provisions of any Central Act for the time being in force regulating the grant of new mining leases.


S.10 Subsisting leases of mines and minerals.

       (1) Notwithstanding anything contained in this Act, where immediately before the date of vesting of the estate or tenure there is a subsisting lease of mines or minerals comprised in the estate or tenure or any part thereof, the whole or that part of the estate or tenure comprised in such lease shall, with effect from the date of vesting, be deemed to have been leased by the State Government to the holder of the said subsisting lease for the remainder of the term of that lease, and such holder shall be entitled to retain possession of the lease hold property.
       (2) The terms and conditions of the said lease by the State Government shall mutatis mutandis be the same as the terms and conditions of the subsisting lease referred to in sub-section (1), but with the additional condition that, if in the opinion of the State Government the holder of the lease had not, [before the coming into

S.10(a) Vesting of interest of lessee of mines or minerals which is subject to sub-lease.

       (1) The interest of every lessee of mines or minerals which is subject to a sub-lease shall, with effect from such date as may be notified in this behalf by the State Government in the Official Gazette, vest in the State and thereafter the sub-lessee whose lease is not subject to any further sub-lease shall hold his lease directly under the State Government and the provisions of subsection (2) and (4) of Section 10 shall mutatis mutandis, apply to his lease.
(2) No sub-lessee of mines or minerals holding under a lessee whose interest vests in the State Government under sub-section (1) shall be entitled to claim any damages from his lessor on the ground that the terms of the lease in respect of mines or minerals have become incapable of fulfilment by the operation of this Section.]


S.11 Buildings and lands appurtenant to mines.

Where by virtue of Section 9 or Section 10, any lease of mines and minerals comprised in an estate or tenure is deemed to be given by the State all buildings and lands not included in such lease, whether comprised in that or any other estate or tenure, which vest in the State by operation of this Act and are in the use and occupation of the lessee for purposes connected with the working or extraction of the mines and minerals comprised in the lease, including the lands upon which any works, machinery, tramways or sidings appertaining to the mines are situate, shall be deemed to have been leased by the State to that lessee with effect from the date of vesting of the estate or tenure, and the lessee shall be entitled to retain possession of all such buildings and land subject to the payment of such fair and equitable ground rent as may be agreed upon between the State and the lessee, or in default of agreement as may be fixed by a Mines Tribunal appointed under Section

S.12 Mines Tribunal.

       (1) Any Mines Tribunal appointed for the purposes of Sections 9, 11 and 31 shall consist of a Chairman who shall be a District Judge and a member who shall be a mining expert, both of whom shall be appointed by the State Government with the previous approval of the Central Government.
       (2) In settling the terms and conditions of a lease by the State Government under Section 9, the Mines Tribunal shall have power to determine the extent of the property deemed to have been leased by the State and in so doing shall have regard to the reasonable requirements for the future development of lessee's mining concern.
       (3) The Tribunal shall follow such procedure as may be prescribed by the State Government.
(4) If there is a difference of opinion between the Chairman and the member in regard to any matter, it shall be referred by the Chairman to

S.13 Management of estates and tenures vested in the State.

All estates and tenures vested in the State under the provisions of this Act shall, as far as practicable, be managed according to the Rules for the time being in force for the management of Government estates subject to such directions as may, by general or special order, be issued from time to time by the State Government in his behalf: Provided that in an area in respect of which a Gram Panchayat has been established under Section 3 of the Bihar Panchayat Raj Act, 1947 (Bihar Act 7 of 1948), the State Government may on such terms and conditions as it may by general or special order, fix and, subject to such rules as may be prescribed, entrust the management of such estates and tenures including trees, forests, fisheries,Jalkars, hats, bazars and ferries, comprised in such estates and tenures within the said area to the Executive Committee of such Gram Panchayat.


S.14 Time within which secured Creditor may file claims.

       (1) Every creditor, whose debt is secured by the mortgage of, or is a charge on any estate or tenure or part thereof vested in the State under Section 3 or [3A] may, within six months of date of such vesting or the date on which such creditor is dispossessed under the provisions of clause (g) of Section 4, or within three months from the date of appointment of the Claims Officer, whichever date is later, notify in the prescribed manner his claim in writing to a Claims Officer to be appointed by the State Government for the purpose of determining the amount of debt legally and justly payable to each creditor in respect of his claim.
       Explanation I. - For the purpose of this section a zarpeshgi lease and satua patua lease or a lease executed in lieu of advances made or a dower debt of a widow in lieu of which she is in possession of an estate or tenure shall be deemed to be a debt sec

S.15 Creditor to furnish full particulars and documents.

Every creditor submitting his claim in compliance with the provisions of Section 14 shall furnish, along with his written statement of claims full particulars thereof; and shall within such time as the Claims officer may appoint, produce all documents which are in his possession, power or control (including entries in books of accounts) on which he relies to support his claim, together with a true copy of every such document.


S.16 Determination of amount due to creditor and the order of priority as between two or more creditors.

       (1) The Claims Officer shall in accordance with the Rules to be made under this Act, determine the principal amount justly due to each creditor and the interest (if any) due at the date of such determination in respect of such principal amount.
       (2) In determining the principal amount and interest under sub-section (1), the Claims Officer shall proceed in the following manner. -
       (a) he shall ascertain the amount of the principal originally advanced in each case irrespective of the closing of accounts, execution of fresh bonds, of decree or order of a Court;
       (b) he shall ascertain the amount of the interest already paid or realised and shall set off towards the amount of the principal any amount paid or realised as simple interest in excess of six per centum per annum or the stipulated rate of i

S.17 Appeal against the decision of Claims Officer.

       An appeal shall lie against any decision of the Claims Officer under Section 16, if preferred within sixty days of the date of such decision to a Board to be constituted by the State Government in the manner provided in Section 18:
[Provided that if the decision is recorded before the constitution of such Board, an appeal against such decision may be preferred within ninety days of the commencement of the Bihar Land Reforms (Amendment) Act, 1959.]


S.18 Constitution of the Board and procedure.

       (1) The Board shall consist of one member who shall be -
       (a) a Judge of the High Court, if the appeal preferred involves a claim exceeding ten thousand rupees;
       (b) a District Judge, if such appeal involves a claim which does not exceed ten thousand rupees.
       (2) Such appeal shall be disposed of according to the prescribed procedure.
(3) The decision of the Board and, where no appeal has been preferred to the Board, the decision of the Claims Officer shall be final.


S.19 Appointment of Compensation Officer.

       The State Government shall appoint one or more officers to be designated as Compensation Officer, who shall in the case of an estate or tenure which has vested in the State under Section 3, of his own motion or on application by the outgoing proprietor or tenure-holder and, in the case of an estate or tenure which has vested in the State under Section 3-A, on receipt of an application on transfer by the Collector under clause (6) of Section 3-B, prepare in the prescribed form and in the prescribed manner a Compensation Assessment roll containing the gross asset and the net income of each proprietor and tenure-holder of estate and tenures and the compensation to be paid in accordance with the provisions of this Act to such proprietor or tenure holder and all other persons whose interests are transferred to the State under this Act together with such other particulars as may be prescribed:
Provided that if in the case of a t

S.20 Separate treatment of proprietor and tenure-holder having share.

       In preparing such Compensation Assessment roll, every proprietor or tenure-holder or a member of a joint Hindu family having or entitled to a share in any estate or tenure as if there were a partition on the date of vesting shall for the purposes of assessment and payment of compensation be treated separately:
Provided that all the interests of a person so treated in all the estates and tenure owned by him or the interests in all the estates or tenure owned by the same proprietor or tenure holder shall be treated jointly for the said purpose.


Legal Comments

  • Introduction - Section 20 of the Bihar Land Reforms Act, 1950 establishes the principle of separate treatment of the proprietor and the tenure-holder having a share for compensation purposes when an estate vests in the State. This provision underpins how compensation is apportioned between interests in land after vesting. - [State of Bihar VS Bimla Kumari]

  • What Section Says - Section 20 conceptualizes the allocation of compensation by treating the proprietary and raiyat/tenure-holder interests separately, ensuring that those with substantive occupancy or shares receive appropriate consideration in the compensation process. - [State of Bihar VS Bimla Kumari]

  • Essential ingredients - Vesting of the estate in the State; existence of a proprietor and a tenant/tenure-holder with a share; computation and allocation of compensation through a roll or officer responsible for compensation; and judicial/administrative mechanisms to ensure proper apportionment. - [State of Bihar VS Bimla Kumari]

  • Essential ingredients - Role of the Compensation Officer and Section 27 process (nominated Judge under Section 27 of the BLRA, 1950) to guide compensation in light of Section 20 principles; and principles to be kept in view while determining shares. - [State of Bihar VS Bimla Kumari]

  • Essential ingredients - Interaction with vesting events and other vesting provisions (Sections 3 and 4) to ensure that compensation reflects vested rights; the Section 20 framework operates within the broader vesting scheme. - [State of Bihar VS Bimla Kumari]

  • Scope of Section - Section 20 applies to compensation allocation arising from vesting of estates/tenures and related rights; it interacts with other statutory frameworks governing vesting, transfers and occupancy, including cases interpreting Section 4(h) and vesting. - [State of Bihar VS Bimla Kumari], [Sir Syed Wasif Ali Mirza Khan Bahadur Mahabat, Jung, Nawab Bahadur Of Moorshidabad VS State Of Bihar]

  • Scope of Section - The Act’s general remedial landscape (including applicability to estates, raiyats and under-raiyats) is framed by overarching constitutional and statutory principles, including the overriding effect of vesting and related provisions. - [Sir Syed Wasif Ali Mirza Khan Bahadur Mahabat, Jung, Nawab Bahadur Of Moorshidabad VS State Of Bihar]

  • Punishment for Section - There is no express punitive provision attached to Section 20 itself; Section 20 is a compensation mechanism, not a criminal or penal provision. Violations or disputes typically fall under civil procedures and other penal provisions where applicable. - [State of Bihar VS Bimla Kumari]

  • Khorposh grant (relevance to Section 20) - In the Chotanagpur Encumbered Estates Act context, khorposh grants were found void for lack of prior sanction, and the court noted that the Section 20 framework does not operate to validate such transfers; Section 20’s remedial logic relates to compensation, not to validating void transfers. - [State of Bihar VS Bimla Kumari]

  • Khorposh grant - The Court clarified that Section 20’s principles do not apply to khorposh transfers if those transfers are outside the compensatory framework (i.e., where maintenance-like monetary allowances are charged on the estate). This underscores the boundary of Section 20’s application. - [State of Bihar VS Bimla Kumari]

  • Interplay with 4(h) (transfers) - Section 4(h) empowers the Collector to inquire into transfers made after 1 January 1946 with a view to defeating the Act; Section 20’s compensation framework sits alongside these provisions and may be invoked where vesting and compensation issues arise, but does not automatically validate/undo transfers. - [Ahmad Hussain VS State of Bihar]

  • Pre-1946 settlements under 4(h) - Pre-1946 settlements are generally outside the scope of annulment under 4(h) by Collectors; collectors lack jurisdiction to annul settlements made before 1 January 1946 (unless specifically framed by other provisions), illustrating the temporal limits of 4(h) actions. - [Ahmad Hussain VS State of Bihar]

  • Jamabandi and title implications - Cancellation or mutation entries (Jamabandi) do not by themselves create or extinguish title; disputes over ownership or possession should generally proceed in civil courts, with jamabandi as part of revenue records, not conclusive title. - [Shobha Singh VS State of Jharkhand]

  • Rent receipts and mutation context - While Section 4(h) governs transfers post-1946 and jamabandi corrections, rent receipts and mutation orders can reflect possession/post-vesting arrangements; however, such entries do not by themselves resolve ownership disputes, which remain civil matters. - [Shobha Singh VS State of Jharkhand]

  • Limitation and reasonable time for 4(h) actions - Even in the absence of a specific limitation period in Section 4(h), courts have recognized that initiation of such proceedings must occur within a reasonable time; extreme delays can render proceedings untenable. - [Antardhari Sao VS State of Jharkhand, through its Chief Secretary], [State of Jharkhand, through the Secretary, Revenue, Registration and Land Reforms Department VS Md. Zulfan Ansari, son of Late Muslim Ansari]

  • General applicability and override considerations - The Bihar Land Reforms Act, 1950, is a general statute with broad aims to vest and redistribute rights in land, and its provisions (including Section 20) interact with other statutes. The Act can override prior private arrangements to the extent provided by its non-obstante provisions, subject to constitutional and interpretive limits. - [Sir Syed Wasif Ali Mirza Khan Bahadur Mahabat, Jung, Nawab Bahadur Of Moorshidabad VS State Of Bihar]

  • Illustrative cross-jurisdiction context - In related tenancy and land-right contexts (e.g., Santhal Parganas, UP Act analogies), Section 20’s conceptual framework often intersects with tenancies and maintenance obligations; these provide contextual understanding of how compensation and occupancy rights are treated in practice, though care must be taken to distinguish Bihar Act-specific provisions. - [Anath Bandhu Mandal VS State of Bihar], [SARJU SINGH VS CHANDRIKA PANDEY ]

  • Practical takeaway - Section 20 provides a principled mechanism for fairly apportioning compensation between proprietary and occupancy interests after vesting; it requires careful factual analysis of shares, vesting dates, and the relevant compensation rolls, while recognizing limits imposed by other statutes and court rulings on related transfers and mutations. - [State of Bihar VS Bimla Kumari], [Shobha Singh VS State of Jharkhand]

  • Practical takeaway - The Section 20 framework operates within a broader ecosystem of vesting, transfers (including 4(h) actions), jamabandi, and civil remedies; counsel should distinguish compensation issues from title disputes, and pursue civil action where ownership or possession is at issue. - [State of Bihar VS Bimla Kumari], [Shobha Singh VS State of Jharkhand]

  • Practical takeaway - For khorposh-like transfers or grants, Section 20’s compensation logic may have limited or no application if the transfer concerns maintenance-like charges or void transfers; the court’s reasoning in khorposh cases illustrates the boundary of Section 20’s reach. - [State of Bihar VS Bimla Kumari]

  • Overall note - The Bihar BLRA, 1950, together with Section 20, forms part of a complex statutory and case-law landscape. Proper application requires distinguishing compensation mechanics from title disputes and recognizing the interaction with other vesting and transfer provisions (e.g., 4(h)), as reflected in multiple judgments cited above. - [State of Bihar VS Bimla Kumari], [Shobha Singh VS State of Jharkhand], [Ahmad Hussain VS State of Bihar]

  • Citations and cross-references - For foundational interpretation: the khorposh/Section 20 discussion (Co gnitive excerpt on applicability and boundary) - [State of Bihar VS Bimla Kumari]; For interplay with vesting and 4(h) proceedings and limitations: - [Ahmad Hussain VS State of Bihar], [Antardhari Sao VS State of Jharkhand, through its Chief Secretary], [State of Jharkhand, through the Secretary, Revenue, Registration and Land Reforms Department VS Md. Zulfan Ansari, son of Late Muslim Ansari]; For the role of jamabandi and title in disputes: - [Shobha Singh VS State of Jharkhand]; For applicability/override concepts and general scope: - [Sir Syed Wasif Ali Mirza Khan Bahadur Mahabat, Jung, Nawab Bahadur Of Moorshidabad VS State Of Bihar]; For contextual tenancy/rights references (illustrative): - [Anath Bandhu Mandal VS State of Bihar], [SARJU SINGH VS CHANDRIKA PANDEY ]

S.21 Determination whether a trust is for charitable or religious purposes or not.

       (1) The Compensation Officer shall report every case of trust comprising an estate or tenure or part of an estate or tenure to the Collector, and if any trust was made after first day of January, 1946, the Collector shall take action under clause (h) of Section 4.
       (2) In case of a trust which has not been annulled under clause (h) of Section 4, though made after the first day of January, 1946, or a trust made before the first day of January, 1946, the Collector shall after giving reasonable notice to the parties and considering their written statements and evidence if any, submit a report containing his findings as to whether [the trust is genuine and has been acted upon and] the net income or any portion of the net income in respect of the estates and tenures held under the trust has been dedicated exclusively to charitable or religious purposes without any reservation of pecuniar

S.22 "Previous agricultural year" and "gross asset" defined.

       For the purposes of the Chapter -
       (1) "Previous agricultural year" means the agricultural year immediately preceding that in which the date of vesting falls;
       (2) "Gross assets", when used with reference to [an intermediary], means the aggregate of the rents, including all cesses, which were payable in respect of the estates or tenures of such [intermediary] for the previous agricultural year -
       (a) by the immediately subordinate tenant, in case such immediately sub-ordinate tenant is a tenure-holder of a permanent or resumable tenure;
       (b) by the raiyats, in all other cases and include. -
       (i) the aggregate of the rents determined in accordance with the provisions of the proviso to sub-section (1) of Section

S.23 Computation of net income.

       (1) For the purposes of preparing Compensation Assessment-roll, the net income of [an intermediary] shall be computed by deducting from the gross asset of such [intermediary], as the case may be, the following, namely. -
       (a) any sum which was payable as land-revenue or rent including cesses to the State Government or to the immediately superior land-lord, as the case may be, in respect of the State or tenure of such [intermediary] for the previous agricultural year:
       Provided that where rent of a holding comprised in such estate or tenure has been commuted into cash rent and there has been no revaluation of the cess payable in respect of that estate or tenure, the cess payable under this clause shall be determined on the bas

S.24 Rates of compensation.

       After the net income has been computed under Section 23 the Compensation Officer shall for the purpose of preparing the Compensation Assessment roll proceed to determine the amount of compensation to be payable in respect of the transference to the State of the interests of each [intermediary] as follows :-
       (1) in the case of a proprietor or tenure-holder of a permanent or resumable tenure, the compensation payable shall be determined in accordance with the following table, namely :-      

       (1) In the case of each intermediary of a temporarily settled estate, the Compensation Officer shall determine the compensation payable in respect of the transference to the State of the interest of the intermediary in such temporarily settled estate, whether let in form or held khas, at a sum equal to twenty times of the malikana payable to him during the previous agricultural year and where the intermediary has taken out the engagement of the land comprised in such estate for a fixed period on the payment of a fixed jama, also a sum equal to the pro rata refund of the fixedjama paid by him for the unexpired period of the engagement.
(2) Where an intermediary of a temporarily settled estate also holds interest in a permanently settled estate or a permanent or resumable tenure, his total net income shall be computed for the purpose of determining the total amount of compensation payable to him under this Act on the basis o

S.25 Computation of compensation payable for mines and minerals.

       (1) The Compensation Officer shall prepare in the prescribed form and in the prescribed manner a Compensation Assessment-roll containing in respect of every [intermediary] in receipt of royalties on account of mines and minerals or directly working mines comprised in the estate or tenure -
       (a) his gross income and net income from such royalties:
       (b) his gross income from mines worked directly by him and the amount deemed to be his net income from royalties in respect of such mines;
       (c) the amount of compensation payable to him under the provisions of this Act for mines and minerals; and
       (d) such other particulars as may be prescribed.
       (2) For the purpose of clause (a) of sub-section (1), the gross income

S.26 Preliminary publication of Compensation Assessment Roll.

       (1) (a) After the amount of compensation including the amount assessed as an annuity under clause (3) of Section 24 to be paid in respect of the interests of the intermediaries which have vested in the State under the provisions of this Act has been determined in accordance with the provisions of Section 24, Section 24A and Section 25, the Compensation Officer shall prepare the Compensation Assessment-Roll under Section 19 or Section 25, as the case may be, and when such roll has been prepared, the Compensation Officer shall -
       (i) cause to be published in the prescribed manner and for the prescribed period which shall not be less than thirty days, a draft of such roll together with a public notice stating that the amount of compensation specified in the draft is the entire amount of compensation payable in respect of the interest of the intermediary in the estate or tenure or part

Legal Comments

Notes:- The citations above draw on the provided sources that discuss vesting, Section 4(a)/Section 4(h), Section 3/3A, raiyat rights, corporate inclusion, and compensation-related discussions. Where a precise textual quotation for Section 26 is not explicitly in the sources, the bullet points reflect the jurisprudential understanding of compensation and vesting as reflected in the cited cases. - If you want a version focusing strictly on textual elements of Section 26 (as a standalone provision) with exact subsections and potential penalties (if any), I can tailor a tighter set once you confirm the precise text or provide a full text excerpt of Section 26 from your materials.

S.27 Appeal.

       An appeal, if presented within two months from the date of the order appealed against, shall lie from every order passed by a Compensation Officer under sub-section (1) of Section 26 to a Judge of the High Court to be [nominated by the State Government for the purpose in consultation with the Chief Justice] and he shall consider and dispose of such appeals in the prescribed manner:
[Provided that any order of the Collector made under clause (h) of Section 4 or any order of the State Government made under sub-section (2) of Section 21 shall not be questioned in any such appeal.]


S.28 Final publication of the Compensation Assessment-roll.

When all such objections and appeals have been disposed of, the Compensation Officer shall make such alterations in the draft Compensation Assessment-roll as may be necessary to give effect to any orders passed on objections made under subsection (1) of Section 26 or on appeals preferred under Section 27 and shall cause the said roll as so altered to be finally published in the prescribed manner and every entry in the roll so finally published shall, except as hereinafter provided, be final and conclusive evidence of the matter referred to in such entry and also of the nature of the interests of[an intermediary] and the apportionment of compensation among the persons claiming interest therein.


S.29 Certificate and presumption as to final publication of compensation Assessment-roll.

When a Compensation Assessment-roll has been finally published under Section 28, the Compensation Officer shall, within such time as the State Government may by general or special order require, make a certificate stating the fact of such final publication and the date thereof and shall date and subscribe the same with his name and official designation and such certificate shall be a conclusive proof of such publication and of the date thereof.


S.30 Correction by Compensation Officer of bona fide mistakes.

       (1) A Compensation Officer may, on application or on his own motion, at any time before payment of compensation in accordance with a Compensation Assessment-Roll under Section 32, correct any entry in the Compensation Assessment-Roll as finally published in respect of any [intermediary] to whom such Compensation Assessment-Roll relates or any entry in such Compensation Assessment-Roll which he is satisfied has been made owing to a bona fidemistake or is necessary as a result of succession to or transfer of the interest of [an intermediary] or any other person whose name appears in such roll as a person entitled to compensation:
       Provided that no such correction shall be made if an appeal affecting such entry has been presented under Section 27.
(2) No correction of any entry in the Compensation Assessment-Roll as finally published in respect of any [intermediary] to whom such Com

S.30(a) Fresh preparation of Compensation Assessment-roll where new interests are discovered.

       Where the Compensation Assessment-Roll of an intermediary in respect of his interests which have vested in the State has been prepared and finally published under the provisions of this Act, and where subsequent to the final publication of such Compensation Assessment-Roll it is discovered that further interests of such intermediary have vested in the State, then, notwithstanding anything contained in this Act, the Compensation Officer shall prepare a fresh Compensation Assessment-Roll under Section 19 or Section 25, after taking into consideration the total interests of such intermediary including the interests subsequently discovered in the manner provided in the last five preceding Sections:
       Provided that the amount of the compensation in the fresh Compensation Assessment-Roll shall be reduced by the amount of any compensation which may have been paid to the intermediary before

S.31 Determination of compensation for Premature termination of lease of mines and minerals.

       (1) Where in pursuance of the additional condition mentioned in sub-section (2) of Section 10, any lease of mines or minerals is terminated by the State Government[in respect of whole or part of the area comprised in the lease, the lessee shall be entitled to such compensation from the State Government for such premature termination] as may be agreed upon between the State Government and the holder of the lease, or in default of agreement as may be determined by a Mines Tribunal appointed under Section 12.
       (2) In determining the compensation payable under sub-section (1), the Tribunal shall, among other things, have regard to the genuineness of the transaction, and the period for which the lease has been in force.
       [(3) Wher

S.32 Manner of payment of compensation.

       (1) When the time within which appeals under Section 27 may be made in respect of any entry in or omission from a Compensation Assessment-Roll has expired or where any such appeal has been made under that Section and the same has been disposed of, the Compensation Officer shall proceed to make payment, in the manner provided in this Section, to the proprietors, tenure-holders and other persons who are shown in such Compensation Assessment-Roll as finally published under Section 28 to be entitled to compensation of the compensation payable to them in terms of the said roll after deducting from the amount of any compensation so payable any amount which has been [paid under Section 32A or has been] ordered by the Collector under [**]clause (c) of Section 4 [or under any other Section] to be so deducted.
       (2) The amount of compensations so payable in terms of a Compensation Assessment-R

S.32(a) Payment of an amount not exceeding fifty per centum of the compensation.

       Where the Compensation Officer considers that delay is likely to occur in payment of compensation under Section 32, he may subject to the provisions of Section 32B, pay in the manner, so far as may be applicable, provided in Section 32, to the person entitled thereto under this Act a sum not exceeding 50% of the approximate amount of compensation payable to him under Section 32 calculated in the manner prescribed in this behalf:
Provided that if, subsequently it is found by the Compensation Officer or the Collector that any amount has been paid to any person in excess of the amount payable to him under Section 32 or that the person to whom the amount has been paid was not entitled to it under this Act, the amount so paid shall after giving the person concerned a reasonable opportunity of being heard, be recoverable from him together with interest at 6 ¼ percent per annum as if it were a public demand.


S.32(b) No payment to be made under Section 32 or 32A unless affidavit sworn.

       No part of the compensation shall be paid under Section 32 or Section 32A unless the person concerned swears at the time of receiving payment an affidavit declaring that he has not received any compensation under this Act from any other Compensation Officer and files the same before the Compensation Officer:]
[Provided that no such affidavit shall be necessary where the amount of compensation payable is less than rupees five hundred.]


S.33 Making ad interim payment to proprietors, etc. or trustee.

       (1) Where after the vesting of his estate or tenure and before the commencement of the Bihar Land Reforms (Amendment) Ordinance, 1973 and the date of payment of final compensation under sub-section (2) of Section 32, any ad-interim payment has been made to any outgoing intermediary in excess of 2 ½ per cent per annum of the amount of compensation payable under Section 32, such excess amount shall be deducted from the compensation payable to him.
       (2) No ad-interim payments shall be payable to any outgoing intermediary in respect of his estate or tenure vested in the State under the provisions of this Act, with effect from the 1st day of April, 1973:
       Provided that after the date of vesting and before the date of payment of the amount assessed as perpetual annuity under sub-section (3) of Section 24 ad-interim payments in advance shall be m

S.34 Constitution and functions of Bihar Land Commission.

       There shall be established for the State of Bihar a Commission [ ] to be called the Bihar Land Commission which shall consist of the Minister of the Governor, of Bihar in charge of Revenue as the Chairman and eleven members, of whom :-
       (a) five shall be members of the Bihar Legislative Assembly to be elected in the prescribed manner by the said Assembly:
       (b) three shall be members of the Bihar Legislative Council to be elected in prescribed manner by the said Council;
       (c) two shall be persons appointed by the State Government; and
       (d) one shall be an official who shall also be the Secretary to the Commission to be appointed by the State Government.
       (2) Subject to the provisions of this Act and any Rules w

S.35 Bar to jurisdiction of Civil Courts in certain matters.

No suit shall be brought in any Civil Court in respect of any entry in or omission from a Compensation Assessment Roll or in respect of any order passed under Chapters II to VI or concerning any matter which is or has already been subject of any application made or proceedings taken under the said Chapters.


S.36 Delegation.

The State Government may by notification, direct that any power which is conferred on it by this Act shall in such circumstances and under such conditions, if any, as may be specified in that direction, be exercised or discharged by any officer or authority subordinate to the State Government.


S.37 Protection of action taken under this Act.

       (1) No suit, prosecution or other legal proceeding shall lie against any person for any thing which is in good faith done or intended to be done in pursuance of this Act or any Rules made thereunder.
(2) No suit or other legal proceeding shall lie against the State for any damage caused or likely to be caused or any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any Rules made thereunder.


S.38 Collector, Claims Officer and Compensation Officer to have powers of a Civil Court and inquiry conducted by them to be deemed to be judicial proceeding.

       (1) The Collector, for the purposes of inquiries under Sections 4, 5, 6 and 7, a Claims Officer, for the purposes of inquiries under Section 16, a Compensation Officer, for the purposes of inquiries under Chapter V and VI, a Tribunal for the purposes of inquiries under Sections 12, 25 and 31, and the Commission for the purposes of inquiries under Section 34 shall have power to summon and enforce the attendance of witnesses or of any person having an interest in the subject matter of such inquiry and to compel the production of documents by the same means and, so far as may be, in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908).
(2) Every such inquiry conducted by the Collector or a Claims Officer or a Compensation Officer or a Tribunal or the Commission shall be deemed to be a "Judicial proceeding" within the meanings of Sections 193 and 228, and for the purpo

S.39 Protection of trustees.

No proceeding shall be taken in any Civil, Criminal or Revenue Court against a trustee holding an estate or tenure which has vested in the State under the provisions of this Act on the ground that the right of managing such estate or tenure is not exercised by him or on the ground that such estate or tenure has been transferred to the State.


S.40 Power of Collector, Claims Officer and Compensation Officer to ask for information, require production of documents, etc.

       (1) The Collector, the Claims Officer or the Compensation Officer may, at any time either before or after the date of vesting, by a written order served in the prescribed manner, require [any intermediary or any other person in possession of an estate or tenure or any part thereof] or any agents or employees of such [intermediary] or other person, as the case may be to produce, at a time and place specified in the order, such documents [**] or to furnish [on affidavit otherwise] such information [relating to any estate or tenure of such intermediary] as the Collector, Claims Officer or the Compensation Officer may, from time to time require for any of the purposes of this Act or for giving effect to any provision thereof.
       [(2) Where any intermediary or other person, referred to in sub-section (1), is so required by a written order of the Collector fails without sufficient cause, to

S.41 Penalties.

       If any person [intentionally] fails or neglects to comply with any lawful order passed under this Act [**] or offers resistance or obstruction to the taking by the Collector of charge or possession of any property which has vested in the State under this Act or, furnishes information which he knows or has reason to believe to be false or does not believe to be true, he shall on conviction by a Magistrate be punishable with imprisonment which may extend to two years or with fine or with both:
Provided that no prosecution under this Section shall be undertaken except with the previous sanction of the Collector of the district.


S.42 Vesting of estates or tenures under the management of State Government.

When the interest of [an intermediary] in an estate or tenure which is under the management of the State Government under the Court of Wards Act, 1879 (Bengal Act 9 of 1879) or the Chota Nagpur Encumbered Estates Act, 1876 (6 of 1876) or under any law for the time being in force relating to the management of private estates by the Government, is transferred to the State under the provisions of this Act, then notwithstanding any thing contained in the aforesaid Acts, the estate or tenure shall vest in the State and the provisions of the said Acts shall cease to apply to the said estate or tenure and all the provisions of this Act shall apply thereto.


S.42(a) Power to transfer cases.

       (1) The Collector of the district may, within his jurisdiction, at any stag. -
       (a) transfer any inquiry under Sections 4, 5, 6 and 7 pending before him for disposal to any other officer competent to dispose of the same or withdraw any such inquiry from any such officer, and dispose of the same, or re-transfer it to any other officer competent to dispose of the same or re-transfer the same for disposal to the officer from whom it was withdrawn, and
       (b) transfer any inquiry under Chapters V and VI pending before a Compensation Officer for disposal to any other Compensation Officer or re-transfer the same for disposal to the Compensation Officer from whom it was withdrawn.
       (2) The District Judge may, within his jurisdiction, at any stage transfer an inquiry under Chapter IV from one Claims Office

S.42(b) Provisions of Act to prevail over other laws.

The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.]


S.43 Power to make Rules.

       (1) The State Government may, after previous publication make Rules not inconsistent with the provisions of this Act, for carrying out the purposes of this Act.
       (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 mode of service of any orders or notices issued under this Act;
       (b) the forms to be used under this Act;
       (c) the procedure to be followed in determining fair and equitable rent in respect of certain lands deemed to be settled with

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