BIHAR LAND REFORMS (FIXATION OF CEILING AREA AND ACQUISITION OF SURPLUS LAND) ACT, 1961
(Bihar Act 12 of 1962)
This Act was assented to by the President on the 8th March, 1962.
An Act to provide for fixation of ceiling, restriction on sub-letting and resumption by certain raiyats, for personal cultivation of land, acquisitions of status of raiyat by certain under-raiyats and acquisition of surplus land by the State in the State of Bihar and matters connected therewith.
Be it enacted by the Legislature of the State of Bihar in the Twelfth Year of the Republic of India as follows :-
(1) This Act may be called the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1951.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force at once.
Section 1 of the Bihar Land Reforms Act, 1961, lays down the short title, extent, and commencement of the Act, establishing the legislative framework for land ceiling and surplus land acquisition in Bihar. It sets the foundation for the entire statutory scheme aimed at land redistribution and reform.
Section 1 specifies the title of the Act, its territorial extent within the State of Bihar, and the date on which the Act comes into force. It provides the legal basis for the Act's application across Bihar and marks the starting point for its enforcement.
The scope includes:- Application of the Act throughout Bihar.- The legal authority to impose land ceilings.- The commencement date as the starting point for legal proceedings under the Act.- Foundation for subsequent provisions related to land measurement, declaration of surplus land, and redistribution.
Section 1 itself does not prescribe any punishment. It is a procedural and definitional section, setting the stage for the substantive provisions that follow. Punishments, if any, are provided under other sections dealing with violations of the Act.
Note: The references are drawn from the provided sources, primarily focusing on legal interpretations and judicial pronouncements related to Section 1’s scope, application, and significance.
In this Act, unless there is anything repugnant in the subject or context:-
[(a) "appointment day" means the 9th day of September, 1970;]
[(aa) "Tribunal" means the Bihar Land Reforms Tribunal constituted under section 50 of the Act;]
[(aaa)] "ceiling area" means the area of land fixed under Section 4 as the ceiling area;
[(b) "Collector" includes an Additional Collector or any other officer not below the rank of Sub-Deputy Collector, appointed by the State Government to discharge all or any of the functions of a Collector under this Act;]
[(c) "Commissioner" means Commissioner of Division and includes any officer not below the rank of the Collector of a district appointed by the State Government to disch
The provisions of this Act shall have effect, notwithstanding anything to the contrary contained in any other law, custom, usage or agreement, for the time being in force or in any decree or order of any Court:
Provided that nothing contained in this Act shall be deemed to have any effect on the provisions of the Bihar Bhoodan Yagna Act, 1954 (Bihar Act XXII of 1954).
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, was enacted to regulate land holdings in Bihar by establishing a ceiling on land ownership and providing for the acquisition of surplus land for redistribution. Section 3 of the Act plays a crucial role in determining the applicability of the Act over other laws, thereby ensuring its primacy in land reform matters.
Section 3 of the Act states that the provisions of this Act shall prevail over any other law in force in the state of Bihar. This means that in case of any conflict between the provisions of this Act and any other law, the provisions of this Act will take precedence.
The scope of Section 3 is broad, as it applies to all matters related to land reforms in Bihar, ensuring that the objectives of the Act are not undermined by other legislative frameworks. This section is particularly significant in the context of land ceiling and acquisition processes.
Section 3 does not prescribe specific punishments; however, non-compliance with the provisions of the Act, as established in subsequent sections, may lead to penalties or legal consequences.
This commentary highlights the significance of Section 3 in the context of the Bihar Land Reforms Act, emphasizing its role in ensuring the effective implementation of land reforms in the state.
[On the appointed day the following shall be the ceiling area of land for one family consisting of not more than five members for the purposes of this Act:]
(a) fifteen acres, that is, equivalent to 6.0705 hectares of land, irrigated or capable of being irrigated by flow irrigation work or tube wells or lift irrigation which are constructed, maintained, improved or controlled by the Central or the State Government or by a body corporate constituted under any law and which provide or are capable of providing water for more than one season (hereinafter referred to as Class I land.)
Explanation. - A land shall not be regarded as Class I land unless it is capable of growing at least two crops in a year; or
(b) eighteen acres, equivalent to 7.2846 hectares of land irrigated by such private lift irr
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, was enacted to regulate land holdings in Bihar by establishing a ceiling on the amount of land that can be owned by a family. Section 4 of the Act specifically addresses the fixation of ceiling areas for landholdings, which is crucial for ensuring equitable distribution of land and preventing concentration of land ownership.
Section 4 outlines the ceiling area of land that can be held by a family, which is determined based on the number of family members. It specifies the maximum area of land that can be owned, thereby limiting the extent of landholdings to promote social justice and land reform.
The scope of Section 4 extends to all families in Bihar, determining the maximum land they can hold. It aims to prevent land monopolies and ensure that land is available for agricultural use by smaller farmers and landless individuals.
While Section 4 itself does not prescribe specific punishments, violations of the ceiling limits can lead to legal actions under other provisions of the Act, including the acquisition of surplus land by the government.
Where the ceiling area of the land for any family or any member of the family constituting the family on the appointed day has been determined by any order passed by any authority in accordance with the provisions of this Act prior to the commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 (Bihar Act 1 of 1973), the ceiling area of such family or member of the family shall be re-determined under this Act with reference to the appointed day in accordance with the amended provisions.
Explanation. - In this section authority includes the Collector, Commissioner of the Division and the Board of Revenue.
Section 4A of the Bihar Land Reforms Act, 1961, pertains to the re-determination or re-assessment of land holdings in cases where lands are acquired or deemed to be acquired under the Act. It provides a mechanism for re-evaluating the surplus land held by landholders, ensuring compliance with the ceiling limits and facilitating proper land redistribution.
Section 4A authorizes the competent authority to re-determine the surplus land of a landholder when lands are acquired or deemed to be acquired under the Act. It empowers the authority to re-assess the landholding with respect to the ceiling limits, especially in cases where the initial determination was made prior to the enactment or subsequent amendments.
Section 4A applies to situations where land has been acquired or deemed to be acquired under the Act, and a re-evaluation of the landholding is necessary to ensure that the landholder does not hold land beyond the prescribed ceiling limit. It is particularly relevant when initial assessments are found to be inaccurate or require revision due to changes or new information.
The Act does not specify explicit punishment under Section 4A itself. However, violations related to exceeding land ceilings or illegal possession may attract penalties under other provisions of the Act, including fines or confiscation of surplus land. The procedural aspect of re-assessment aims to enforce compliance rather than prescribe punishments.
Note: The analysis is based on the available sources, with some inferences drawn from general principles of land law and administrative procedures, as specific procedural or punishment details are not explicitly provided in the sources.
Notwithstanding anything to the contrary contained in any Judgement, decree or order of any court the determination of ceiling area of any family with reference to the appointed day in any proceeding under this Act shall be deemed to be valid and effective.
(1) (i) It shall not be lawful for any family to hold, except otherwise provided under this Act, land in excess of the ceiling area.
Explanation. - All lands owned or held individually by the members of a family or jointly by some or all of the members of such family shall be deemed to be owned or held by the family.
(ii) No land holder holding land in excess of the ceiling area shall from the commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972 and till the publication of notification under Section 15, transfer any land held by him except with the previous permission in writing of the Collector, who may refuse to give such permission if he is satisfied for the reasons to be recorded in writing that the transfer is proposed to be made with a mala fideintention of defeatin
[As soon as may be, after the commencement of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1972, the State Government shall cause to be published a notice in the manner laid down in sub-section (3) calling upon all the land holders of the State who hold land in excess of the ceiling area, anywhere in the State to submit to the Collector of the district where they ordinarily reside, within thirty days of the date specified in the notice, a return containing the following particulars, namely:-]
(i) the total area and description of land held by the land-holder any where in the State.
(ii) if the land-holder is a raiyat, the names and description of his under raiyats and the description of land held by them under him, anywhere in the State;
(iii)
If any person holding land in excess of the ceiling area fails to submit the return under Section 6, the Collector may obtain the necessary information through the Executive Committee of Gram Panchayat of the area concerned as constituted under [the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948), or through such agency as he thinks proper.
(1) Whenever it comes to the notice of the Collector that a land holder holds land in excess of, the ceiling area or has not submitted the return, within the period specified in the notice, or the extended period, under Section 6 or has submitted a return containing incorrect particulars, the Collector shall cause a notice to be served on the land holder or his guardian, if he is a minor or person of unsound mind, directing him to submit the return with the necessary or correct particulars within thirty days of the service of such notice.]
(2) (i) If any person fails, without sufficient cause to submit the return in compliance with the notice served under sub-section (1), within the period specified in this notice or within such extended period as may be allowed by the Collector in this behalf, the Collector may after giving the person concerned a reasonable opportunity of being he
No proceeding shall be invalid merely because of any irregularity in the publication of any notice under Section 6 or Section 8.
(1) Where the area of land held by a family exceeds the ceiling area it shall have, subject to the provisions of sub-sections (2), (3) and (4) and other provisions of this Act the option to select, within the period prescribed in sub-section (3) of Section 10, the land which it desires to retain in accordance with the provisions of Section 5.
(2) Where the land held by the land-holder includes land transferred by him in accordance with or in contravention of the provisions of clause (ii) of sub-section (1) of Section 5, the land so transferred in accordance with or in contravention of clause (ii) of sub-section (1) of Section 5 shall to the extent of the ceiling area admissible to the land holder, be deemed to have been selected by him for retention within the ceiling area; and where the total area of such land is less than the ceiling area admissible to him, the land holders shall
(1) On the basis of the information given by or on behalf of the land-holder under Sections 6, 8, 9, or the information obtained by the Collector under Section 7, checked in the prescribed manner, the Collector shall cause a draft statement to be prepared showing the following particulars:
(a) the area and description of:
(i) each class of land held by the land-holder and the land selected by him which he desires to be included within his ceiling area;
(ii) orchards held by him and the orchards in compact blocks which he desires to retain;
(iii) homestead land and the pucca structures including the land necessary for the use and enjoyment of such structures; held by him on the date of commencement of this Act; and such land, pucca structures includi
[(1) When the objection or claim, if any, preferred under sub-section (3) of Section 10 has been disposed of, the Collector shall, whether there is any surplus land or not, make such alteration in the draft statement as may be necessary to give effect to any order passed on the objection or claim and shall cause the said statement with the alteration, if any to be finally published in the Official Gazette of the district and in such place and in such manner as may be prescribed and a copy thereof duly certified by the Collector in the prescribed manner, shall be sent to the land-holder by registered post with acknowledgement due.]
(2) Copies of such statement duly authenticated in the prescribed manner shall be sent by the Collector within such period to such authority or authorities; as may be prescribed.
If within the ceiling area, as specified in the statement finally published under Section 11, of any raiyat, who held land in excess of the ceiling area on the date of the commencement of this Act, there be any land in possession of a non occupancy under raiyat the raiyat shall subject to the other provisions of this Act, be entitled to resume for personal cultivation, in the manner prescribed in Section 13, any such land :
Provided that if the total area of all under-raiyat land which the under-raiyat holds under that raiyat and all other lands, if any, held by him as a raiyat anywhere in the State, is ten acres or more, the area resumable by that raiyat shall not exceed such limit as to leave less than five acres of land to the under-raiyat, and if such total area is less than ten acres the area resumable shall not exceed half of such total area:
Provided further that the unde
(1) Where a raiyat desires to resume under Section 12 any land from his under-raiyat, not having right of occupancy therein he shall, within ninety days of the final publication of the statement under Section 11, send by registered post with acknowledgement due, a notice to the under-raiyat of his intention to resume the required land.
(2)(i) The raiyat shall, within sixty days of the service of the notice on the under-raiyat, make an application to the Collector in the prescribed manner for the restoration of the land to him after ejecting the under-raiyat therefrom :
Provided that if the raiyat is a person serving in the Army, Navy or Air Force of the Union of India, or a minor or a person suffering from mental or physical disability, he may make the application within two years of the cessation of his service or of his attaining major
(1) Where any land held by an under-raiyat is permitted to be resumed by the raiyat under Section 13 the raiyat shall pay, in accordance with the provision of subsection (3), such compensation, in addition to the compensation which may be determined under sub-section (2), as is specified in this behalf in the Schedule.
(2) (i) An under-raiyat who is ejected from any land under Section 13 shall be entitled to receive in addition to any compensation payable under sub-section.(1), such compensation as may be determined by the Collector in the prescribed manner for any improvement made by him of the land from which he is ejected.
(ii) In determining compensation under clause (i) the following matters shall be taken into consideration, namely :-
(a) the enhancement of the value of the land due to t
[(1) The State Government or the Collector of the district specially so empowered in this behalf shall after the statement under sub-section (1) of Section 11 has been finally published and subject to appeal or revision, if any, acquire, the surplus land by publishing in the Official Gazette of the district, a notification to the effect that such land is required for a public purpose and such publication shall be conclusive evidence of the notice of the acquisition to the person or persons concerned :
Provided that without awaiting the result of appeal or revision the State Government or the Collector of the district specially so empowered in this behalf may proceed to acquire such of the surplus land of the land-holder in respect of which there is no claim or dispute or which is admitted by the land-holder to be surplus:
Provided furthe
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, aims to regulate land holdings in Bihar by establishing a ceiling on the amount of land that can be owned by an individual or family. Section 15 specifically addresses the acquisition of surplus land, outlining the procedures and conditions under which the state can acquire land deemed surplus.
Section 15 of the Act provides the framework for the acquisition of surplus land by the state. It mandates that the state government or an empowered collector shall notify the acquisition of land that exceeds the ceiling limit, ensuring that the process is transparent and follows due procedure.
The scope of Section 15 encompasses:- The identification and declaration of surplus land.- The procedural requirements for notifying landholders.- The rights of landholders to contest the designation of their land as surplus.
While Section 15 itself does not prescribe specific punishments, failure to comply with the procedural requirements may lead to legal challenges and the quashing of acquisition notifications by the courts.
This commentary provides an overview of Section 15 of the Bihar Land Reforms Act, highlighting its significance and the legal principles surrounding land acquisition in Bihar.
(1) Notwithstanding any thing contained in Section 15 or any other provisions of this Act, where a Notification under Section 6 has been published, the State Government may, pending final publication of the Statement under sub-section (1) of Section 11, issue notice to any land-holder or to all land holders generally, calling upon him or them to surrender to the State such area which according to him or them is owned or held in excess of the ceiling area prescribed under Section 4.
(2) The land-holder to whom such notice is issued under sub-section (1) may thereupon make an application to the Collector in the prescribed form offering to make such surrender.
(3) If the land-holder is a minor or of unsound mind, the offer of surrender shall be made by his guardian.
(4) Where the land-holder or h
(1) No person shall, after the commencement of this Act, either by himself or through any other person, acquire or possess by transfer, exchange, lease, mortgage, agreement or settlement any land which together with the land, if any, already held by him exceeds in the aggregate the ceiling area.
Explanation. - For the purpose of this Section "Transfer" does not include inheritance, bequest or gift.
(2) (i) After the commencement of this Act, no document incorporating any transaction for acquisition or possession of any land by way of transfer, exchange, lease, mortgage, agreement or settlement shall be registered, unless a declaration in writing duly verified is made and filed by the transferee before the registering authority under the Indian Registration Act, 1908 (XVI of 1908), as to the total area of land held by himself or through a
Section 16 of the Bihar Land Reforms Act, 1961, primarily deals with the right of pre-emption, especially in the context of land transfers, and the conditions under which a pre-emptor can claim priority over other adjoining raiyats or co-sharers. It aims to regulate land transfers to prevent excess holding beyond the ceiling limit and to safeguard the rights of adjoining raiyats or co-sharers.
Section 16(3) confers a statutory right of pre-emption on certain persons—namely, co-sharers of the transferor and adjoining raiyats—when land is transferred. It mandates that such transfers can be challenged by these persons within a specified period, subject to conditions regarding the nature of land and procedural formalities. The section emphasizes that the right of pre-emption is mandatory and not discretionary.
While Section 16(3) itself does not specify penalties, contravention of its provisions—such as filing false claims, non-compliance with procedural formalities, or fraudulent transfers—may attract penalties under the Act, including nullification of transfers, criminal liability for fraud, or other legal consequences as per relevant provisions.
This concise commentary synthesizes the legal position, scope, essential ingredients, procedural requirements, and judicial interpretations related to Section 16 of the Bihar Land Reforms Act, 1961, with references to relevant case law and authoritative sources.
(1) No right, title or interest shall accrue in favour of a transferee in any land in excess of his ceiling area by virtue of any transaction made in contravention of the provisions of Section 16 and as a penalty for such transaction the right, title and interest of the transferee in such excess land purported to be transferred by such transaction to him shall, on a declaration made by the Collector in this behalf for reasons to be recorded, become void with effect from the date of such declaration:
Provided that-
(a) no such declaration shall be made unless the parties concerned are given a reasonable opportunity of being heard and adducing evidence;
(b) nothing in this Section shall affect the liability, if any, of the transferee for payment of the consideration for such transaction; and
(1) If, after the commencement of this Act, any person, either by himself or through any other person acquires by inheritance, bequest or gift, or by alluvial action, any land which, together with the land, if any, already held by him anywhere in the State, exceeds in the aggregate the ceiling area,then he shall, within ninety days of such acquisition by inheritance, bequest or gift, and within six months thereof by alluvial action, submit to the Collector a return by registered post, with acknowledgement due, giving the particulars specified below and selecting the land he desires to retain:-
(i) the area and description of such land;
(ii) the date of the acquisition;
(iii) the manner of the acquisition and the particulars of the documents, if any, under which such acquisition was made;
&n
Save as provided in Section 20,it shall not be lawful for any land-holder to sub-let the whole or part of any land held by him.
[(1) Subject to the provisions of the tenancy law of the area and other provisions of this Act, and the Rules made by the State Government under this section, a raiyat, who is minor or a widow or an unmarried, divorced or separated woman or a person suffering from mental or physical disability or a person in the service of the Army, Navy or Air force of the Union of India or a public servant in receipt of a substantive salary not exceeding two hundred and fifty rupees a month, may sublet any land during the period the raiyat remains a minor or a widow or unmarried or divorced or separated woman or suffers from mental or physical disability or remains in the service of the Army, Navy or Air force of the Union of India or remains a public servant in receipt of a substantive salary not exceeding two hundred and fifty rupees a month.
Explanation. - (i) When a land is held by a raiyat m
(1) Subject to the other provisions of this Act, every under-raiyat of a raiyat, holding land in excess of the ceiling area on the date of commencement of this Act, shall, in respect of land not resumed under Section 13, be deemed to have acquired the status of an occupancy raiyat if no application for resumption is made within the period specified in sub-section (2) of Section 13, on the expiry of the said period, and where such an application has been made, on the date the application is finally rejected and the right, title and interest of the raiyat in such land shall be deemed to have been extinguished with effect from the date of such expiry or rejection, as the case may be:
Provided that notwithstanding the acquisition of such status, he shall not have the right to transfer the land until the entire amount of compensation payable under clause (ii) of sub-section (2) has been
[(1) If there is an under-raiyat on the surplus land on the date it vests in the State under the provisions of this Act, such under-raiyat shall, if he makes an application in this behalf in the prescribed manner, be allowed to retain as occupancy raiyat, subject to payment in the prescribed manner and within the prescribed period to the State Government the amount specified in this behalf in the Schedule, so much of the land as together with all the other lands held by him anywhere in the State does not exceed the area he may hold under Section 5.]
(2) If the under-raiyat refuses or fails to make the application within the said period, he shall be liable to be ejected by the Collector and where he is allowed to retain the land under sub-section (1), he shall not have any right to transfer the land until the entire amount he is liable to pay to State Government under sub-section (1
(1) Every person whose right, title or interest in any land is acquired or deemed to be acquired by the State Government under the provisions of this Act, shall be paid compensation according to the rate specified in the Schedule.
(2) The Collector shall, after he has determined the amount of compensation in accordance with the rate specified in the Schedule, prepare a compensation assessment-roll in the prescribed manner and shall:-
(i) cause it to be published in the prescribed manner 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 therein is the entire amount of compensation payable for all interests in the land and that subject to other provisions of this Act, the persons named therein are the only persons who are
Subject to the provisions of Section 25, the amount of compensation as finally determined under Section 23 shall be paid in the prescribed manner in cash or in bonds or partly in cash and partly in bonds and when the compensation or any part of it is paid in bonds, such bonds shall be negotiable and transferable and payable in thirty equated annual instalments representing the principal and interest at two and a half percent per annum with effect from the date of issue:
Provided that all arrears of rent remaining lawfully due to, and all other amounts recoverable under any law for the time being in force by the State Government from the raiyat, to whom the compensation is payable, shall, without prejudice to any other mode of recovery, be recoverable, when so ordered by the Collector in the prescribed manner, by deduction thereof from the amount payable to suchraiyat under Section 23.
The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, aims to regulate land holdings in Bihar by establishing a ceiling on the amount of agricultural land that can be owned by an individual or family. This legislation is part of a broader initiative to promote equitable land distribution and enhance agricultural productivity.
Section 24 of the Act specifically addresses the payment of compensation to landholders whose land has been declared surplus. It stipulates that the compensation amount, as determined under Section 23, shall be paid to the affected landholders, subject to the provisions of Section 25.
The scope of Section 24 encompasses:- The obligation of the state to compensate landholders for surplus land acquired.- The procedural framework for determining and disbursing compensation.- The legal framework ensuring that landholders receive fair compensation for their land.
The text does not specify any punitive measures directly associated with Section 24. However, failure to comply with the compensation provisions may lead to legal challenges or claims against the state.
(1) Where any land acquired or deemed to be acquired by the State Government, under the provisions of this Act is subject to a mortgage or charge subsisting on the date of the acquisition, the mortgagee or the charge-holder shall, unless the claim is amicably settled, prefer within ninety days of the acquisitions, a claim in prescribed manner before the Collector and the Collector shall thereupon proceed with and decide the claim in the prescribed manner and record the reasons for the decision.
(2) (i) If the Collector is unable to decide the claim, he shall, by an order, refer the claimant to a Civil Court of competent jurisdiction and when such order is made the compensation payable in respect of the land under Section 24 shall be kept in deposit in a Government Treasury to be paid in accordance with the final decision of the Civil Court.
&n
(1) The payment of compensation to the land-holder or other person entitled thereto in accordance with the provisions of this Act or of the Rules made thereunder shall be a full discharge of the State Government from all liability to pay compensation for the acquisition of the surplus land and no further claim for payment of compensation in respect thereof on any ground whatsoever, shall lie.
(5) Nothing in sub-Section (1) shall prejudice any right in respect of the said land which any other person may be entitled to enforce under any other law against the person to whom compensation has been paid as aforesaid.
(1) Subject to the other provisions of this Act, [Fifty (50) per cent of the land] acquired or deemed to be acquired by the State Government under this Act may, subject to Rules made in this behalf be settled by the Collector-
(i) with landless persons belonging to the Scheduled Castes, Scheduled Tribes or Backward Classes mentioned in Government of Bihar Revenue Department Notification No. A/T-1015/55-1091-R, dated the 7th February, 1956 and no. A/T-3043/61-4523-R, dated the 23rd June, 1962, published in Bihar Gazette, dated the 22nd February, 1956 and 18th July, 1962, respectively, of the village in which the land is situated;
(ii) with persons belonging to the Scheduled Castes, Scheduled Tribes or Backward Classes mentioned in the notification referred to in clause (1), of the village in which the land is situated and not having more
(1) If any allottee of surplus land is threatened with unlawful ejectment from the land allotted to him under Section 27 or any part thereof by any person, the Collector may, on his own motion or on an application made in this behalf by such allottee or his representative initiate a proceeding for preventing such person from ejecting the allottee and may by orders in writing prevent the person from ejecting the allottee.
(2) If any allottee of surplus land has been unlawfully ejected by any person from the land allotted to him under Section 27 or any part thereof, the Collector may,on receipt of an application from the allottee or his representative for restoration of possession of the land or on his own motion, make such enquiry as may be necessary and order that the allottee shall be put in possession of the allotted land or part thereof, from which he has been so ejected.
(3)
(1) The State Government may,by notification published in the Official Gazette, apply the provisions of this Chapter to such area or areas as it may specify.
(2) (i) On the publication of the notification under sub-section (1), the Collector shall, by general order published in the manner prescribed in sub-section (3) of Section 6, and in such other manner, if any, as may be prescribed call upon all land-holders holding land in the said area which together with any other land held by him anywhere else in the State exceeds one acre to surrender to the State-
(a) one-twentieth of the total area held by him in the area notified, if the total area held by him throughout the State exceeds one acre but does not exceed five acres;
(b) one-tenth of the total area held by him in the area notified, if t
(1) (a) The provisions of this Act shall not apply to-
(i) land in possession of the Central Government or The State Government;
(ii) land in possession of local authorities or of Gram Panchayats established under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948);
(iii) land vested in the Bhoodan Yagna Committee established under the Bihar Bhoodan Yagna Act, 1954 (Bihar Act XXII of 1954);
(b) The provisions of Section 5 and Section 28, shall not apply to-
(i) lac-brood farms operated by the Indian Lac Cess Committee constituted under Section 4 of the Indian Lac Cess Act, 1930 (24 of 1930);
(ii) [* * * *]
(iii
[(1) (a) An appeal shall lie from any final order passed by any officer vested with the power of the Collector under this Act other than the Collector of the district to the Collector of the district or any other officer specially authorised in this behalf by the State Government within thirty days, of such an order.
(b) An appeal shall lie from any final order passed by the Collector of the district to the Commissioner of the Division within thirtydays of such an order:
Provided that no appeal shall lie against orders passed under Section 5 and Section 29 before the final publication of the draft statement under sub-section (1) of Section 11:
Provided further that appeal against orders passed under Section 5 and Section 29 shall be filed within thirty days from the date of final publication u
(1) If the same local area is assigned to two or more officers exercising the powers of Collector under this Act, the Collector of the district may assign to each of them such business under this Act cognizable by him, as he thinks fit.
(2) The Collector of the district may, at any time-
(a) transfer any application or proceeding pending before him to any officer exercising the powers of Collector under this Act, or withdraw any such application or proceeding pending before any such officer and either dispose it of himself or transfer it to any other such officer for disposal; and
(b) withdraw any appeal pending before any authority below his rank, prescribed under sub-section (1) of Section 30 and either dispose it of himself or transfer it for disposal to any other such authority.
(3) The
(1) A revision shall lie to the Board of Revenue from any appellate order passed by a Collector [or a Commissioner] within thirty days of such order.
(2) When a reference is made to the Board of Revenue under Section 38 or a revision is filed under sub-section (1) of this section, the Board may, after hearing the parties, confirm, modify, or set aside the order.
(3) The Board of Revenue may of its own motion or on an application made to it, call for from the Collector any document or record in connection with any enquiry conducted by the Collector or may direct the Collector to institute, for the purposes of this section, an enquiry and to submit his findings to the Board.]
[(4) A revision shall be disposed of within the period of three months:
Provided that if for any reason it is not disp
An appeal, revision, review or reference other than those arising out of orders passed under Section 8 or sub-section (3) of Section 16 pending before any authority on the date of commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) [Ordinance, 1981 (Bihar Ordinance No. 66 of 1981)], shall abate :
Provided that on such abatement, the Collector shall proceed with the case afresh in accordance with the provisions of Section 10 :
Provided further that such appeal, revision, review or reference arising out of order passed under Section 8 or sub-section (3) of Section 16 as has abated under Section 13 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1982 [shall stand automatically restored before the proper authority on the commencement of this Act.
The Board of Revenue, the Appellate Authority and the Collector shall have the same powers in making enquiries under this Act, as are vested in a Court under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, namely :-
(a) Admission of evidence by affidavits;
(b) summoning and enforcing the attendance of any person and examining him on oath;
(c) compelling the production of documents; and
(d) award of cost.
All inquiries and proceedings under this Act before the Board of Revenue, Appellate Authority or the Collector shall be deemed to be judicial proceedings for the purposes of Sections 193, 196 and 228 of the Indian Penal Code, 1860 (XLV of 1860).
The Collector may, at any time by a written order served in the prescribed manner, require any landholder or other person or his agent to produce at a time and place specified in the order such documents, or to furnish, on affidavit or otherwise, such information relating to any land as he may consider necessary for giving effect to any of the provisions of this Act.
If any person wilfully contravenes any provision of this Act, or of any rule made thereunder or fails to comply with any lawful order made thereunder, or contravenes any such order or offers resistance or obstruction to the taking of possession of any land[or evicts or threatens to evict any person who has been allotted any land] in accordance with any lawful order made under this Act, or furnishes information which he knows or has reason to believe to be false or does not believe to be true, such person shall be punished with imprisonment of either description which may extend to one year or with fine which may extend to two thousand rupees or with both :
Provided that no court shall take cognizance of any offence under this Section except with the previous sanction of the Collector of the district.
[* * *]
(1) [(i) If any person is found by the Collector, at any time after the expiry of the period prescribed under Section 15 or 18 to be in possession of any area of land in excess of the area he may hold under Section 5, the Collector shall give such person or other persons, if any, who may prefer any claim in respect of the land in question, a reasonable opportunity as may be prescribed to show cause and adduce evidence, if any, why the said excess area should not be acquired by the State Government.]
(ii) If the Collector holds that there is any excess area which should be acquired, he shall give the person concerned a reasonable time to select any land of his equivalent to such excess area.
(iii) If no selection is made by the said person within the time allowed by the Collector or if the selection made is not accepted by the Collector o
The prescribed authority or the Collector or any person acting under his order may, at any time, enter upon any land, but not a dwelling house, with such other officers or persons as he considers necessary and make a survey and take measurements thereof or do any other act which he considers necessary for carrying out the purposes of the Act.
(1) No suit or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
(2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act, or by anything which is in good faith done or intended to be done in pursuance of this Act or any Rule or Order made thereunder.
Every application, memorandum of appeal or application for revision, under this Act, shall bear court-fee stamp of such value as may be prescribed.
Any sum payable under this Act, other than a sum payable by the State Government, shall be recoverable as a public demand under the Bihar and Orissa Public Demands Recovery Act, 1914 (B. & O. Act IV of 1914).
(1) Save and except as provided in this Act no Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act, required to be settled, decided or dealt with by the Board of Revenue[xxxx] the Appellate Authority or the Collector.
(2) No order of the Board of Revenue, [x x x] the Appellate Authority or the Collector made under this Act, shall be questioned in any Court.
The State Government may, for the purposes of this Act, cause to be prepared and published a Record of Rights in accordance with the provisions contained in Chapter X of the Bihar Tenancy Act, 1885 (VIII of 1885), or under Chapter XII of the Chotanagpur Tenancy Act, 1908 (Ben. Act VI of 1908) or under the Santhal Parganas Settlement Regulations, 1872 (Reg. III of 1872) as the case may be.
[(1) The State Government may, make Rules not inconsistent with the provisions of this Act, to carry out all or any of the purposes of this Act.]
(2) Every Rule made under this Section 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 fourteen days which may be comprised in one session or in two successive sessions and if, before expiry of the session in which it is so laid or the sessions immediately following, both the Houses agree in making any modification in the rule or both the Houses agree that the Rule should not be made, the Rule shall thereafter 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 under that Rule.
The State Government may, from time to time, give to the Collector of the district such general or special directions as the State Government may think fit to carry into effect the provisions of this Act.
The State Government [x x x x x] may, at any time, call for and examine any record of any proceeding disposed of by a Collector under the Act and may, if it thinks fit, direct that the case be re-opened and disposed of afresh in accordance with the provisions of the Act.
If the land-holder dies during the pendency of a proceeding, appeal or revision under this Act the Collector or the Appropriate Authority, as the case may be, shall on an application made in this behalf or on his own motion substitute the name of the legal representatives in the manner prescribed in the Rules, and proceeding, appeal or revision shall thereon continue to proceed against the substituted land-holder or holders.
After repeal of section-45 B of this Act, proceedings pending before the State Government or the Bihar Land Tribunal shall be deemed to be abated and the proceeding reopened earlier under deleted section-45 B and pending before the collector shall also stand abated.
If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order do anything not inconsistent with the provisions of this Act, which appears to them necessary for the purpose of removing the difficulty.
Clerical or arithmetical mistakes in orders passed under this Act or any such error apparent on the face of the record existing in any document prepared under any provision of this Act may at any time be corrected by the Collector or the Appropriate Authority under the Act either of its own motion or on the application of any person interested.
The authority referred to in clause (b) of Section 2, the Appellate Authority referred to in Section 30, the Board of Revenue referred to in Section 32 and Bihar Land Reforms Tribunal constituted under Section 50 shall be the hierarchy of tribunals for purpose of sub-clause (a) of clause (3) of Article 323 B of the Constitution, for adjudication or trial of any dispute or complain with respect to land reforms matter arising under this Act.
In this Chapter, unless the context otherwise requires. -
(a) "Chairman" means Chairman of the Bihar Land Reforms Tribunal.
(b) "Member" means member of the Bihar Land Reforms Tribunal.
(1) The State Government shall, by Notification in the Official Gazette, constitute for the State a Tribunal called the Bihar Land Reforms Tribunal (hereinafter referred to as the Tribunal) for the purpose of this Act.
(2) The Tribunal shall exercise the powers and functions conferred on by or under the Act.
(3) The Tribunal shall consist of a Chairman and two other members appointed by the State Government.
(4) No person shall be qualified for appointment. - (a) as Chairman of the Tribunal unless he is or he is qualified to be appointed as or he has been a Judge of a High Court;
(b) as a member of the Tribunal unless he has been. - (i) the Secretary to Government, Law Department, or the District and Sessions Judge for a period of not less than thre
(1) No persons shall be appointed or shall continue in the office of the Chairman if he has attained the age of sixty-five years.
(2) No person shall be appointed or shall continue in the office as the member if he has attained the age of sixty-two years.
(3) There shall be paid to Chairman and the member such salaries and allowances as may be prescribed.
(4) The other terms and conditions of service of the Chairman and the members shall be such as may be prescribed.
The Tribunal shall have power to entertain any application against the order passed by the Board of Revenue and shall have powers vested in the Civil Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the power to punish for contempt of court.
(1) Subject to the provisions of the Act, or any Rule made thereunder, the Tribunal may, by order, regulate its practice and procedure.
(2) All applications filed before the Tribunal shall be in the prescribed form and shall be verified in the prescribed manner.
(3) Every order passed by the Tribunal shall be final and shall not be called in question in any court including the High Court under Article 226 or 227 of the Constitution of India except the Supreme Court as provided under Section 54.
(4) The functions of the Tribunal shall be exercised. - (i) by a bench consisting of Chairman and two other members, or
(ii) by a bench consisting of two members constituted by the Chairman; or
(iii) by a single me
Notwithstanding anything contained in any other law, the jurisdiction of all Courts except the jurisdiction of the Supreme Court under Article 32 and Article 136 of the Constitution, is excluded with respect to any matter which is by or under this Act required to be decided or dealt with by any authority, appellate court, the Board of Revenue and the Tribunal.
No writ shall lie in the High Court to set aside or modify any proceeding or order taken or made by any authority, Appellate Court, the Board of Revenue and Tribunal.
Any person who wilfully fails to comply with any summons, requirement, direction or order issued or made by the Tribunal, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.
(1) No Court shall take cognizance of an offence punishable under Section 56, save on a complaint made by the State Government or by any officer empowered by the Tribunal in this behalf.
(2) A Judicial Magistrate of the first Class shall try an offence under this Chapter.
(1) The Tribunal may, on its own motion or on an application call for and examine any record of any proceedings disposed of by a Collector, the Appellate Authority and the Board of Revenue under this Act to satisfy itself as to the regularity of such proceeding or the correctness or legality or propriety of any decision passed or order made therein, and if, in any case, it appears to the Tribunal that any such decision or order should be modified, annulled, reserved or remitted for reconsideration, it may pass order accordingly :
Provided that every application to the Tribunal for the exercise of the powers under this section shall be preferred within such period as may be prescribed :
Provided further that the Tribunal may admit an application after the expiration of the prescribed period if it is satisfied that the party concerned had
All cases connected with the Land Reforms dealt under this Act and pending in the High Court immediately before the date of commencement of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Ordinance, 1986 as would have been within the jurisdiction of such Tribunal, if the cause of action on which such proceedings are based had arisen after the said date of commencement shall stand transferred to the Tribunal with effect from the said date of the commencement.
[Part I]
Rates of compensation payable to the raiyat by the State Government for land on which there are no under raiyat-
| Class I | [Executive Instructions of Government in connection to and incidental to the implementation of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, are reproduced hereunder for ready reference] Appendix.B Appointment of Officers Notification No. ACL-1027/63-8243-R., dated the 16th August, 1963. - In exercise of power conferred by clause (b) of Section 2 of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962) the Government of Bihar is pleased to appoint- Appendix.C Form LC-13 Form of application by co-sharer or a raiyat of adjoining land for transfer of land to him under section 16(3) (i) of the B.L.Ft. (F.C. Area and A.S. Land) Act, 1961 (Bihar Act XII of 1962). Appendix.D Instructions for Affidavit Regarding Transfer of land [See section 5(1) (i) Proviso] Legal Commentary on Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 - Appendix DIntroductionThe Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, was enacted to regulate land holdings in Bihar by establishing a ceiling on land ownership. This legislation aims to promote equitable distribution of land and prevent concentration of land in the hands of a few individuals. What does Section SaysAppendix D of the Act provides instructions for the affidavit regarding the transfer of land. It outlines the procedural requirements and necessary declarations that must be made by parties involved in land transactions. Essential Ingredients
Scope of SectionThe scope of Appendix D extends to all land transactions that fall under the purview of the Bihar Land Reforms Act, ensuring compliance with the regulations set forth in the Act. Punishment for SectionWhile specific punitive measures for non-compliance with Appendix D are not detailed in the provided sources, violations of the Act's provisions generally lead to legal repercussions, including potential fines or restrictions on land transactions. Legal Comments
|
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
