[Ordinance No. 22 of 1982][1] An Ordinance to Amend the Bihar Land Reforms
(Fixation of Celing Area and Acquisition of Surplus Land) Act, 1961. WHEREAS, the Legislature of the State of Bihar is
not in session; AND WHEREAS, the Governor of Bihar is satisfied
that circumstances exist which render it necessary for him to take immediate
action to amend the Bihar Land Reforms (Fixation of Ceiling Area and
Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962), in the manner
hereinafter appearing; AND, WHEREAS, the instructions of the President
have been obtained under the proviso to clause (1) of Article 213 of the
Constitution of India; NOW, THEREFORE, in exercise of the powers conferred
by clause (1) of Article 213 of the Constitution of India, the Governor of
Bihar is pleased to promulgate the following Ordinance:- (1) This Ordinance may be called the Bihar Land Reforms )Fixation of Ceiling
Area and Acquisition of Surplus Land) (Amendment) Ordinance, 1982. (2) It shall be deemed to have come into force with effect from the 9th
April, 1981. In Section 2 of the Bihar Land Reforms (Fixation of
Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962)
(hereinafter referred to as the Act)- (i) after clause (b) the following clauses shall be inserted, namely:- "(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 discharge all or any of the functions of a Commissioner under the Act,; (ii) in clause (f) after the words 'Kharhur or pasturage" the words
"or Kharhur, pasturage, forest land or even land perennially submerged
under water" shall be inserted and shall be deemed always to have been
inserted; and (iii) in clause (f) the existing explanation shall be renumbered as
"Explanation I" and after the said Explanation as so renumbered the
following Explanation shall be added and shall be deemed always to have been
added, namely:- "Explanation It-Land perennially submerged
under water shall not include submerged in the bed of a river', and; (iv) for clause (g) the following clause shall be substituted and shall be
deemed always to have been substituted, namely:- (g) 'Land holder'
means a family as defined in clause (ee) holding land as raiyat or as
under-raiyat or a mortgagee of land in possession or holding land permanently
settled by Government or lessee of land not resumable by Government." In Section 4 of the said Act for clause (f) the
following clause shall be substituted, namely:- "(f)
forty-five acres equivalent to 18.211 hectares of hilly, sandy, forest land,
even land perennially submerged under water or other kind of land none of which
yields paddy, rabi or cash crops (hereinafter referred to as Class VI land). For Section 5 of the said Act, the following
section shall be substituted and shall be deemed always to have been substituted,
namely:- "5. No person
to hold land in excess of the ceiling area.-- (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 fide intention of
defeating the object of this Act. (iii) Notwithstanding anything to the contrary
contained in any judgment, decree or order of any court or authority, the
Collector shall have, power to, make enquiries in respect of any transfer of
land by a land-holder whether by registered instrument or otherwise made after
the 22nd day of October, 1959, and if he is satisfied that such transfer was
made with the object of defeating or in contravention of the provisions of this
Act or for retaining benami or farzi land in excess of the ceiling area, the
Collector may after giving reasonable notice to the parties concerned to appear
and be heard, annul such transfer and thereupon the land shall be deemed to be
held by the transferor for the purposes of determining the ceiling area he may
hold under this section. (iv) Land donated by a land-holder under Bihar
Bhoodan Yagna Act, 1954 (Bihar Act XXII of 1954), to the extent it subsequently
vests in the Bhoodan Yagna Committee constituted under Section 11 of this Act,
shall not be taken into account in determining the area he may retain under
this section. (2) (i) Where the number of members in a family on the appointed day exceeds
five the family may hold in addition to the ceiling area determined under
Section 4, land not exceeding one-tenth of the ceiling area for that class of
land for every such additional member : Provided that in no case the aggregate of the land
held by the family shall exceed one and a half times the ceiling area. (ii) Any land which a land-holder is allowed to
hold under this section shall not be liable to be acquired by the State
Government under this Act merely by reason of any subsequent improvement in the
land or diminution in the number of persons referred to in clause (i) : Provided that the ceiling area shall be
re-determined, where subsequently the classification of land improves as a
result of irrigation work constructed, maintained, improved or controlled by
the Central or the State Government or by a body corporate constituted under
any law for the time being in force whether or not the land holder actually
drawn water from the source. Explanation.--For the purpose of this section,
where the land-holder is a company or association or body of individuals the
number of persons entitled to be maintained under their personal law and
dependent upon the land-holder shall be deemed to consist of not more than
five. (ii) For the purposes of this Act, except the
Schedule, one acre of Class I land shall be deemed to be equivalent to 1.20
acres of Class II, 1.66 acres of Class III, 2 acres of Class IV, 2.50 acres of
Class V and 3 acres of Class VI land. (3) The ceiling area which a Co-operative society may hold in addition to
such area as may be mortgaged or subject to it under Section 20, shall be the
aggregate of the land held by its individual members, subject to the ceiling
area for each member." (1) For Section 9 of the said Act the following section shall be substituted
and shall be deemed always to have been substituted, namely:- "9. Option of
family to select its ceiling area.--(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 contravention of the provisions of clause (ii) of sub-section (1) of Section
5, the land so transferred in contravention of clause (ii) of sub-section (1)
of Section 5 shall to the extent of 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 select the balance of ceiling area from his
remaining land : Provided that where the land so transferred in
contravention of clause (ii) of sub-section (2) of Section 5 is equal to or
more than the ceiling area admissible to him and if because of the selection
under sub-section (2) the land holder's homestead cannot be retained within his
ceiling area, the land holder may be permitted to hold his homestead in lieu of
an equivalent area of land from out of the land transferred in contravention of
the provisions of clause (ii) of sub-section (1) of Section 5. (3) Where the land held by the land-holder includes land where transfer has
been annuled under clause (iii) of sub-section (1) of Section 5 but does not
include any land transferred in contravention of the provisions of clause (ii)
of sub-section (1) of Section 5 the land holder shall select, to extent of
fifty per cent of his ceiling area from land where transfer has been annuled
under clause (iii) of sub-section (1) and shall select the balance of the
ceiling area from other lands held by him. (4) Where, however, the land held by the land holder includes land
transfered by him in contravention of the provisions of clause (ii) as
subsection (1) of Section 5 as well as land whose transfer has been annuled
under clause (iii) thereof, the land transferred in contravention of clause
(ii) of sub-section (1) of Section 5 shall, to the extent not exceeding the
ceiling area, as deemed to have been selected by him within his ceiling area
first and if this land is less than ceiling area admissible to him, he will
select the remaining land to be retained by him within the ceiling area firstly
from the land whose transfer has been annuled under clause (iii) of sub-section
(1) of Section 5 to the extent of fifty per cent of the remaining ceiling area
only and the balance will be selected by him from out of the remaining lands : Provided further that where the land-holder fails
to select land within the stipulated time, it shall be lawful for the Collector
to allot to the land holder land equal to the ceiling area to be retained by
him under Section 5 keeping in accordance with this section." In Section 10 of the said Act.-- (a) (i) in clause (c) of sub section (1) the word "and" shall be
omitted; (ii) after clause (c) of sub-section (1), the
following clause shall be substituted, namely:- "(c1) the area
and description of land transferred by the landholder in contravention of the
provisions of clause (ii) of sub-section (1) of Section 5; (c2) the substance
of findings of the Collector under clause (iii) of sub-section (1) of Section
5; (c3) the substance
of the recommendation and order regarding exemption under Section 29;" (b) for sub-section (2), the following sub-section shall be substituted,
namely:- "(2) The
draft statement shall be published in the Official Gazette of the district and
at such places, and in such manner, as may be prescribed : Provided that a copy of the draft statement shall
be served on the land-holder or land-holders concerned or on their guardians,
as the case may be, by registered post with acknowledgment due which shall be
conclusive evidence of the service of such notice," and (c) for sub-section (3), the following sub-section shall be substituted,
namely:- "(3) Any
objection to the draft statement in respect of the matters specified in clauses
(a), (b), (c) and (d) of sub-section (1) received within 30 days of publication
of the draft statement or service thereof under sub-section (2), whichever is
later, preferred by any person having any claim or interest in said matters
shall be considered by the Collector who shall, after giving the parties a
reasonable opportunity of being heard and adducing evidence, pass such order as
he thinks fit : Provided that the Collector may on an application
made by the land-holder or person having claim or interest in the land, extend
the period of filing objection by another fifteen days. (i) For subsection (1) of Section 11 of the said Act, the following
sub-section shall be substituted, namely:- "(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 acknowledgment
due; (ii) sub-section (2) shall be omitted; and (iii) sub-section (3) shall be renumbered as sub-section (2). For sub-section (1) of Section 15 of the said Act,
the following sub-section shall be substituted, namely:- "(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 to 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 his 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 landholder to be surplus : Provided further that a copy of the notification
shall also be sent to the land-holder concerned by registered post with
acknowledgment due." For sub-section (3) of Section 18 of the said Act
the following sub-section shall be substituted, namely:- "(3) On
receipt of the return prescribed in sub-section (1) or collection of
information under sub-section (2), as the case may be, the Collector and after
giving the land-holder a reasonable opportunity of being heard and adducing
evidence and after enquiries as he considers necessary select the land which
may be retained by the land-holder within his ceiling area and also determine
the land which is in excess of the ceiling area which he is not entitled to
retain under this Act. (4) The Collector
shall then acquire the surplus land by publishing in the Official Gazette a
notification to the effect that land is required for a public purpose and such
publication shall be conclusive evidence of the fact stated therein for the
purpose of this Act." In Section 27 of the said Act- (i) sub-section (3) shall be omitted, and (ii) sub-section (4) shall be renumbered as sub-section (3). (1) In Section 30 of the said Act, for sub-section (1) the following
sub-section shall be substituted, namely:- "(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
thirty days of such order." (2) In Section 30 of the said Act, the following proviso shall be inserted : "Provided that no appeal shall lie against
order passed under Section 5 and Section 29 before the final publication of the
draft statement under subsection (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 under sub-section (1) of Section 11". In Section 32 of the said Act- In sub-section (1) after the word
"Collector" the words "or a Commissioner within thirty days of
such order "shall be inserted. For Section 32-A of the said Act, the following
section shall be substituted, namely:- "32-A.
Abatement of appeal, revision, review or reference.--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 orders 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) Ordinance, 1981
(Bihar Ordinance No. 66 of 1981) shall stand automatically restored before the
proper authority on the commencement of this Ordinance." After Section 32-A of the said Act, the following
new Section shall be inserted, namely:- "32-B.
Initiation of fresh proceeding.--All those proceedings, other than appeal,
revision, review or reference referred to in Section 32-A pending 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), and in which final publication under sub-section (1) of Section 11
of the Act as it stood before the amendment by aforesaid Ordinance, had not
made shall be disposed of afresh in accordance with the provision of Section 10
of the Act." In Section 36 of the said Act- "(i) after
the words "obstruction to the taking of possession of any land" the
words 'or evicts or threatens to evict any person who has been allotted any
land" shall be inserted; and (ii) second proviso shall be omitted. In sub-section (1) of Section 38 of the said Act,
for clause (i) the following clause shall be substituted, namely:- "(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 refer 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." After Section 45-B of the said Act, the following
Section shall be inserted, and shall be deemed always to have been inserted:- "45-C. Substitution
of legal representative in case of death of landholder.--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 the
proceedings, appeal or revision shall thereon continue to proceed against the
substituted land-holder or holders." After Section 46 of the said Act, the following new
section shall be inserted and shall be deemed always to have been inserted. "47.
Correction of clerical or arithmetical errors.--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 or the appropriate authority under the Act either
of its own motion or on the application of any person interested." In Part IV of the Schedule of the said Act- (1) for the existing heading the following heading shall be substituted, and
"Rates of compensation payable by the raiyats and under-raiyats" and (2) item (iii) shall be omitted. (1) The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Second Amendment) Ordinance, 1981 (Bihar Ordinance No. 182 of
1981) and the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of
Surplus Land) (Third Amendment) Ordinance, 1981 (Bihar Ordinance No. 202 of
1981) are 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 powers conferred by or under this
Ordinance as if this Ordinance were in force on the day on which such thing was
done or action taken.BIHAR
LAND REFORMS (FIXATION OF CEILING AREA AND ACQUISITION OF SURPLUS LAND)
(AMENDMENT) ORDINANCE, 1981
PREAMBLE