BIHAR LAND REFORMS (FIXATION OF CEILING AREA AND ACQUISITION OF SURPLUS LAND) (AMENDMENT) ACT, 1975

Preamble - THE BIHAR LAND REFORMS (FIXATION OF CEILING AREA AND ACQUISITION OF SURPLUS LAND) (AMENDMENT) ACT, 1975

THE BIHAR LAND REFORMS (FIXATION OF CEILING AREA AND ACQUISITION OF SURPLUS LAND) (AMENDMENT) ACT, 1975

[Act No. 12 of 1976][1]

[21st April, 1976]

PREAMBLE

An Act to amend the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961

Be it enacted by the Legislature of the State of Bihar in the twenty sixth year of the Republic of India as follows:-

 

Section 1 - Short title

This Act may be called the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1975.

 

Section 2 - Amendment of Section 11 of Bihar Act XII of 1962

In sub-section (1) of Section 11 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962) hereafter referred to as the said Act) after the words "Collector shall" the words and figures "subject to the provisions of sub-section (5) of Section 15-A" shall be inserted.

 

Section 3 - Insertion of Section 15-A in Bihar Act XII of 1962

After Section 15 of the said Act, the following section shall be inserted, namely:-

"15-A. Voluntary declaration of surplus land.-(1) Notwithstanding anything 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 hold 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 his guardian, as the case may be, makes an application to the Collector offering to surrender his surplus land the State Government shall on the recommendation of the Collector acquire the surplus land specified in the application or any part there of by publishing a notice in the manner provided in sub-section (1) of Section 15 and thereupon such land shall be deemed to have vested in the State Government under subsection (2) of Section 15 of the Act.

(5) ??The order passed under sub-section (4) shall be subject to provisions contained in Section II relating to the final publication of the draft statement and the Collector shall, at the time of making final publication of draft statement under Section II, make such alteration or modification in the order passed under sub-section (4) as may be necessary."

 

Section 4 - Amendment of Section 29 of Bihar Act XII of 1962

In Section 29 of the said Act, item (iii) of clause (b) of sub-section (1) shall be omitted and shall be deemed always to have been omitted.

 

Section 5 - Amendment of Section 30 of Bihar Act XII of 1962

In sub-section (1) of Section 30 of the said Act for the words "sixty days" word "thirty days" shall be substituted.

 

Section 6 - Repeal and Saving

(1)     The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Ordinance, 1976 (Bihar Ordinance No. 61 of 1976) is hereby repealed.

 

(2)     Notwithstanding such repeal, anything done or any action taken in exercise of any power, conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.