LexThe Bihar Land Reforms Act, 1950
Bihar · state statute
Open in Lexace · Ask the AI about this actThe Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950) . An Act to provide for the transference to the State of the interests of proprietors and tenure - holders in land and of the mortgagees and lessees of such interests including interests in trees, fo rests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrarian policy to be pursued by the State Government con sequent upon such transference and for other matters connected therewith. Whereas it is expedient to provide for the transference to the State of the interests of proprietors and tenure holders in land and of mortgagees and lessees of such interests includ ing interests in trees, forests, fisheries, jalkars, ferries or hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrain policy to be pursued b y the State Government consequent upon such transference and for other matters connected then with; It is herby enacted as follows : - CHAPTER 1 Preliminary 1. Short title, extent and commencement. - (1) This Act may be called the Bihar Land Reforms Act, 19 50. (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. 2. Definitions. - In this Act, unless there is anything repugnant in the subject or co ntext : - (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 agricultura l 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 int ermediary 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 relating to the estate or tenure;] (c) "Charitable purpose" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility; (d) "Claims Officer" means the Claims officer appointed under subsection (1) of Section 14; (e) "Collector" incl udes any Officer [not below the rank of a Sub - Deputy Collector] [appointed] by the State Government to discharge all or any of the functions of a Collector under this Act; (f) "Commission" means the Bihar Land Commission constituted under Section 34; (g) " Compensation Officer" means the Compensation Officer appointed under Section 19; (h) "Date of vesting" means in relation to an estate or tenure vested in the State, the date of publication in the Official Gazette of the notification under sub - section (1) o f Section 3 [or sub - section (1) or (2) of Section 3A] in respect of such estate or tenure; [(i) "Estate" means any land and several fishery and ferry rights included under one entry in any of the general registers of revenue - paying lands and revenue - free l ands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes revenue - free land and several fishery and ferry rights not entered into any rester and a share in or of an estate.] (j) "Homestead" means a dwelling house used by the proprietor or tenure - holder for the purposes of his own residence or for the purpose of letting out on rent together with any courtyard, compound, attached garden orchard and out - buildings and includes any out - buildings used for purposes connected with agriculture or horticulture and any tank, library and place of worship appertaining to such dwelling house; [ Explanation. - In this clause, the expression "dwelling house" or" out - building shall include any land on which there stoo d such dwelling house or outbuilding at any time before the date of vesting.] [(jj) "Industrial undertaking" means any industrial undertaking other than a public sector undertaking relating to; (a) Heavy industry; (b) Explosives ; (c) Fertilizers ; (d) Iron and steel; (e) Cement ; or (f) Coal ;] [(jjj)] "Intermediary" in relation to any estate or tenure, means a proprietor, tenure - holder, under - tenure - holder and trustee; [(jjjj)] "Intermediary interest" means the interest of an intermediary in an estate or tenu re; (k) "Khas possession" used with reference to the possession of a proprietor or tenure - holder of any land used for agricultural or horticultural purposes means the possession of such proprietor or tenure - holder by cultivating such land or carrying on ho rticultural operations thereon himself with his own stock or by his own servants or by hired labour or with hired stock; Explanation. - "Land used for horticultural purposes" means land used for the purpose of growing fruits, flowers or vegetables. (l) "Le ase" in relation to mines and minerals, shall include a sub - lease, prospecting lease and an agreement to lease and sublet and "lessee" shall be construed accordingly; (m) "Mine" means any excavation where any operation for the purpose of searching for or o btaining minerals has been or is being carried on, but does not include any works, machinery, tramways or sidings appertaining to a mine and a mine shall be deemed to be "in operation" if a notice of the commencement of its operation has been given under S ection 14 of the [Indian Mines Act, 1923 (4 of 1923)] to the District Magistrate of the district in which such mine is situated and the discontinuance of the operation thereof has not been notified to the competent authority; (n) "Prescribed" means prescri bed by Rules made under this Act; (o) "Proprietor" means a person holding in trust or owing for his own benefit an estate or part of an estate, and includes the heirs and successors - in - interest of a proprietor and, where a proprietor is a minor or of unsou nd mind or an idiot, his guardian, committee or other legal curator; [oo) "Public sector undertaking" means a Corporation established by or under a Central or State Act which is owned or managed by the Central Government or a State Government and includes a company in which not less than fifty - one percent of the paid - up share capital is held by the Central Government or by any State Government or partly by the Central Government and partly by one or more State Governments relating to - (a) heavy industry; ( b) explosives; (c) fertilizers; (d) iron and steel; (e) cement, or (f) coal;] [ooo) "Religious purpose" means a purpose which relates exclusively to religious worship, teaching or service or to the performance of religious rites but does not include a Wakf - al - a - aulad ;] (p) "Temporary lease" in relation to an estate or tenure, means a lease from year to year or for a term of years commonly known as 'thica', but does not include a lease of mines and minerals comprised in such estate or tenure; [(q) "Tenure" m eans the interest of a tenure - holder or an under tenure - holder and include. - (i) a ghatwali tenure, (ii) a tenure created for the maintenance of any person and commonly known as kharposh , babuana , etc., and (iii) a share in or of a tenure but does not inc lude a Mundari Khunt Kattidari Tenancy within the meaning of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), or a bhuinhari tenure prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Bengal Act 2 of 1869);] [(r) "Tenure - holder" mean s a person who has acquired from a proprietor or from any other tenure - holder a right to hold land for the purpose of collecting rent or bringing it under cultivation by establishing tenants on it and include : - (i) the successors - in - interest of persons wh o have acquired such right, (ii) a person who holds such right in trust, (iii) a holder of a tenure created for the maintenance of any person. (iv) a ghatwal and the successors - in - interest of a ghatwal , and (v) where a tenure - holder is a minor or of unsoun d mind or an idiot, his guardian, committee or other legal curator;] (s) "Trust" includes any express or constructive trust created or existing for a public purpose of a charitable or religious nature and a Hindu, Muslim, Christian, Buddhist or any other r eligious or charitable endowment; and (t) all words and expressions used in this Act but not defined in this Act and defined in the Bihar Tenancy Act, 1885 (8 of 1885) or the Chota Nagpur Tenancy Act, 1908 (Ben. Act 6 of 1908) shall : - (i) in their applica tion to the area to which the Chota Nagpur Tenancy, Act, 1908 (Bengal Act 6 of 1908), applies, have the same meanings as in that Act; (ii) in their application to the area to which the Bihar Tenancy Act, 1885 (8 of 1885) applies, have the same meanings as in that Act; and (iii) in their application to any area in the Santal Parganas, have the same meanings as in the Bihar Tenancy Act, 1885 (8 of 1885). [2A. 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.] 2B. [x x x x] CHAPTER II Vesting of an Estate or Tenure in the State and its Consequenc es 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 beco me 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 deemed to be sufficient service of the notification on such proprietor o r, where such notification is sent by post to the tenure - holder, on such tenure - holder for the purposes of this Act.] (3) The publication [*] of such notification. [in the Official Gazette ] shall be conclusive evidence of the notice of the declaration to s uch proprietors or tenure - holders whose interests are affected by the notification. [3A. 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 notificat ion, 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 ] [3B. 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 th e 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 intermed iary 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 ma y be, in the villages situate within such part of the State as may be specified in the proclamation. (3) On the publication of the proclamation every intermediary shall at any time before the expiration of the said period, make to the Collector an applicat ion in the form set out in the Schedule to this Act. (4) The application shall be verified and signed in the manner provided for the verification of a plaint and shall be accompanied b. - (a) Such documents relating to the intermediary interests held by th e intermediary as are required by the Schedule: Provided that the Collector may dispense with the production of any document or any particulars in any statement. (b) a certificate from the intermediary that he has not concealed or withheld any material inf ormation or particulars relating to his intermediary interests; (c) a declaration by such intermediary that the documents filed by him are genuine and the information furnished by him in the application is true to the best of his knowledge and belief and t hat he has made no other application claiming compensation under this Act. (5) If any intermediary fails, without sufficient cause, to make the application to the Collector or to file the documents, certificate and declaration required by clause (4) within the period specified in clause (3) or within such extended periods as may be allowed by the Collector in this behalf, the intermediary shall be liable to a penalty which may extend to fifty rupees for every day after the expiration of said period or the e xtended period until such application has been made and the documents, certificate and declaration have been filed and such penalty shall be realised as a public demand: Provided that where the sum of such penalty exceeds five hundred rupees, the Collector shall refer the matter to the Commissioner whose orders thereon shall be final: Provided further that the Commissioner may at any time, of his own motion or on the application of any intermediary, revise any order of the Collector imposing any penalty and the order of the Commissioner on revision shall be final. (6) When an application has been made in accordance with the provisions of this Section, the Collector shall transfer it with all the materials and documents accompanying it to the Compensation Off icer. (7) Where an intermediary has intermediary interests in more than one district of the State, he shall, with his application to the Collector of the district in which the major portion of his interest lies or in which he ordinarily resides, furnish pa rticulars and documents in respect of his intermediary interests in other parts of the State and shall state in his applications to the Collectors of other districts in which his intermediary interests lie that the particulars and documents have been so fu rnished.] 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 provision s 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 followin g 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 prim arily 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 also his interest in all subsoil including any ri ghts in mines and minerals whether discovered or undiscovered, or whether been worked or not, inclusive of such rights of a lessee of mines and minerals, comprised in such estate or tenure (other than the interests of raiyats or under - raiyats ) shall, with effect from the date of vesting, vest absolutely in the State free from all incumbrances and such proprietor or tenure - holder shall cease to have any interest in such estate or other than the interests expressly saved by or under the provisions of this Act . [(b) All rents, cesses and royalties accruing in respect of lands comprised in such estate or tenure on or after the date of vesting shall be payable to the State and not to the outgoing proprietor or tenure - holder and any payment made in contravention o f this clause shall not be binding on the State Government. Explanation. - The expression "rent, cess and royalty" in relation to the year in which an estate or tenure vests in the State, shall mean the amount of rent, cess or royalty accruing in respect o f lands comprised in such estate or tenure for the period commencing from the date of vesting which amount shall bear the same proportion to the total rent, cess or royalty, as the case may be, accruing in respect of such lands for the whole year as such p eriod bears to the whole year.] [(c) All arrears of revenue and cesses remaining lawfully due in respect of the estate or tenure on the date of vesting and all other amounts recoverable by the State Government from the outgoing intermediary under any law f or the time being in force, shall continue to be recoverable from him and shall, without prejudice to any other mode of recovery, be recoverable, when so ordered by the Collector, by the deduction thereof from the amount payable to such intermediary under Section 32, Section 32A or Section 33. Explanation. - The expression 'arrears of revenue and cesses in relation to an estate or tenure vested in the State shall mean the amount of land revenue and the amount of cess in respect of such estate or tenure for any period prior to the date of vesting, which amount shall bear the same proportion to the total amount of the land revenue or, as the case may be, to the total amount of cess, of such estate or tenure payable for the whole year as the period prior to the date of vesting bears to the whole year.] [(cc) in case any out going intermediary have recovered any amount from the tenant of an estate or a tenure payable by such tenant as rent for any period after the date of the vesting of such estate or tenure, suc h amount shall without any prejudice to any other mode of recovery be recoverable from the amount of compensation payable to him under Section 32, Section 32A or Section 33:] [Provided that an appeal against an order passed under this clause, if preferred within sixty days of the date of such order, shall lie to the prescribed authority riot below the rank of the Collector of district who shall dispose of the same according to the prescribed procedure.] (d) No suit shall lie in any Civil Court for the recov ery of any money due from such proprietor or tenure - holder the payment of which is secured by a mortgage of, or is a charge on, such estate or tenure and all suits and proceedings for the recovery of any such money which may be pending on the date of vesti ng shall be dropped. (e) No such estate or tenure shall be liable to attachment or sale under the processes of any Court and any orders of attachment passed in respect of such estate or tenure before the date of vesting shall cease to be in force. [(ee) In every suit, appeal or proceeding, in respect of any estate or tenure which has vested under Section 3 or Section 3A pending on the date of the commencement of the Bihar Land Reforms (Amendment) Act, 1953, the Court in which the suit, appeal or proceeding is pending shall cause a notice thereof to be served on the State Government who may within three months of the service of the notice apply .to the Court to be added, and shall thereupon be added, as a party there to and shall be entitled to conduct or def end such suit or proceeding, as the case may be, and in the absence of service of such notice, the decree or order passed in such suit, appeal or proceeding shall not be binding on the State Government.] (f) The Collector shall [be deemed to have taken cha rge] of such estate or tenure and of all interests vested in the State under this Section: Provided that nothing contained in this clause or in any other provision of this Act shall be deemed to authorise the Collector to take charge of any institution, re ligious or secular, of any trust or any building connected therewith or to interfere with the right of a trustee to.apply the trust money to the objects of the trust. [(g) Where by reason of the vesting of any estate or tenure or any part thereof in the St ate under the provision of this Act, the Collector is of opinion that the State is entitled to the direct possession of any property he shall, by an order in writing served in the prescribed manner on the person in possession of such property, require him to deliver possession thereof to the State or show cause, if any, against the order within a time to be specified therein and if such person fails to deliver possession or show cause or if the Collector rejects any cause, shown by such person after giving him a reasonable opportunity of being heard, the Collector shall for reasons to be recorded, take or cause to be taken such steps or use or cause to be used such force as, in his opinion may be necessary for securing compliance with the order or preventing a breach of the peace: Provided that if the order under clause (g) is passed by an officer below - the rank of the Collector of a district, an appeal shall if preferred within sixty days of the order, lie to the Collector of the district and the Collector s hall dispose of the appeal in accordance with the prescribed procedure.] [(h) The Collector shall have power to make inquiries in respect of any transfer including the settlement or lease of any land comprised in such estate or tenure or the transfer of an y kind of interest in any building used primarily as office or cutchery for the collection of rent of such estate or tenure or part thereof, [* * *] and if he is satisfied that such transfer was made [at any time after the first day of January, 1946, with the object of defeating any provisions of this Act or causing loss to the State or obtaining higher compensation thereunder the Collector may, after giving reasonable notice to the parties concerned to appear and be heard [* * *] annul such transfer, dispo ssess the person claiming under it and take possession of such property on such terms as may appear to the Collector to be fair and equitable:] [Provided that an appeal against an order of the Collector under this clause if preferred within sixty days of s uch order, shall lie to the prescribed authority not below the rank of the Collector of a district who shall dispose of the same according to the prescribed procedure:] Provided further that no order annulling a transfer shall take effect nor shall possess ion be taken in pursuance of it unless such an order has been confirmed by the State Government.] [(hh) the Collector shall have power to make inquires into all cases of reduction or partial or entire remission of rents of agricultural holdings comprised i n such estate or tenure made by the outgoing intermediary either for a specified period or in perpetuity and may, after giving reasonable notice to the parties concerned to appear and be heard, if he is satisfied that such reduction or remission was made a fter the first day of January, 1946, with the object of defeating the purpose of the Act or causing loss to the State, cancel all such reduction or remission and order the restoration of the rents of such holdings or class of such holdings which were payab le in respect of the said holdings immediately before the first day of January, 1946: Provided that an appeal against an order of the Collector under this clause, if preferred within sixty days of such order, shall lie to the prescribed authority not below the rank of the Collector of a district who shall dispose of the same according to the prescribed procedure.] (i) After serving a notice in writing on the proprietor or tenure holder for the production of such documents, registers and papers as are in his opinion necessary for the management of such estate or tenure, and if such notice is not complied with within forty - eight hours or such further time as the Collector may allow it shall be lawful for the Collector or any officer, not below the rank of a Su b - Deputy Collector, authorised by him in writing in this behalf, to enter upon any land or building with such assistance as he considers necessary and seize and take possession of such documents, registers and papers as are in his opinion necessary for the management of such estate or tenure: Provided that no action under this clause shall be taken unless a requisition under Section 40 has not been complied with within the time fixed in the said requisition. [4A. 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 befo re 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 cl ause (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 or der.] 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 interm ediary] 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 application, make such inquiry into the matter as he deems fit and pass such order as may appear to him to be just and proper. 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 a gricultural or horticultural purposes, which were in khas possession 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 t he 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 or by his own serv ants or by hired labour or with hired stock, and [(c) lands used for agricultural or horticultural purposes forming the subject - matter of a subsisting mortgage on the redemption of which the intermediary is entitled to recover khas possession thereof;] sha ll, [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 thereof and hold them as a raiyat under the State having occupancy rights in respect of such l ands subject to the payment of such fair and equitable rent as may be determined by the Collector in the prescribed manner: [Provided that nothing contained in this sub - section shall entitle an intermediary to retain possession of any naukarana land or any land recorded as chaukidari chakran or goraiti jagir or mafigoraiti in the record of right has already accrued to a raiyat before the date of vesting. Explanation. - For the purposes of this sub - section, 'naukarana land' means land as a grant burdened with service in lieu of rent or held simply in lieu of wages for services to be rendered] (2) If the claim of [an intermediary] as to khas possession over the lands referred to in sub - section (1) or as to the extent of such lands is disputed by any person prio r to the determination of rent of such lands under the said sub - section the Collector shall, on application, make such inquiry into the matter as he deems fit and pass such order as may appear to be just and proper: Provided that the Collector in making su ch inquiry shall give due weight to the circumstances under which the area in which such lands were situated was declared to be a disturbed area under the Police Act, 1861, after the first day of November, 1946. 7. Buildings together with lands on which su ch 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 gra ins 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 manner: [Provided that in respect of Industrial undertaking fair and equitable rent shall, be determined by the State Government in respect of land or buildings and structures together with lands on which they stand.] (2) If the claim of such [intermediary] as to the possession over such buildings or structures, or lands on which they stand or as to the extent of such buildings, structures or lands is disputed by any person within three months from the date of vesting the Collector shall make inquiry in the matter as he deems fit and pass such order as may appear to him to be just and proper. (3) Where a building or structure, constructed by [an intermediary] in his estate or tenure after the first day of Januar y, 1946, is used for the purposes mentioned in sub - section (1), the [intermediary] shall be entitled to retain the possession of such building or structure, together with the land on which it stands as a tenant under the State, subject to the payment of th e rent as provided in sub - section (1), if and only if the State Government is satisfied that such building or structure was not constructed or used for the aforesaid purposes with the object of defeating any provisions of this Act. [7A. 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 ] . [7B. 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 intermedia ry at any time within three years of the date of vesting, the right to hold such mela 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 int ermediary 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.] 7C. [x x x x] [7D. Land and buildings, etc. acquired for an industrial undertaking and utilised for providing civic amenities, namely, health, ho using, 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 s tructures 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 an d 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 contained in Section 4 (a) an d shall be without prejudice to the exemptions granted or concession given to intermediaries under Sections 5, 6, 7A, 7B and 7C. (3) If the claim of the industrial undertaking as to possession over the lands, buildings and structures thereon, referred to i n sub - section (1) or to the extent of such lands, buildings and structure is disputed by any person within three months of the commencement of the Bihar Land Reforms (Amendment) Act, 1972, the Collector shall make such inquiries in the matter as he deems f it and pass orders as may appear to him as just and fair. (4) The provisions of sub - section (1) shall be deemed to have been inserted in this Act from the commencement thereof.] [7E. Land and building, etc., acquired for an industrial undertaking and lease d 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 unde r 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 associat ion 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 ma y 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 undertakin g shall be deemed to be the sub - lessee of the original industrial undertaking and the provisions of clauses (G) and (H) of Section 4 shall not be effective with respect to such land or buildings or structures thereon.] The terms and conditions of the lease granted under sub - section (1), shall be determined by the State Government: Provided that if the period of sub - lease expires before the expiry of the lease granted under sub - section (1) then in that condition at the time of renewal of the sublease, the St ate Government shall have power to revise the amount of rent payable to State Government by the lessee.] 7F. [x x x] [7G. 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 com mencement 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, a menity, health, housing, welfare and educational facilities to its employees, or for industries concerning or ancillary to the industrial process carried on by the public sector undertaking: Provided further that nothing contained in this Section shall ove rride the provisions of the Land Acquisition Act, 1894 (Act 1 of 1894) or Rules made thereunder.] 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. 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. 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 subsis ting 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 force of th e Bihar Land Reforms (Amendment) Ordinance, 1965 (Bihar Ordinance 1 of 1965, done any prospecting or development work in the area or in any part of the area comprised in the lease, the State Government shall be entitled at any time after the coming into fo rce of the said Ordinance to determine the lease in regard to the whole or part of such area, as the case may be, after giving three months' notice in writing but in determining the lease in regard to the part of such area the State Government shall have r egard to the reasons for the failure to do any prospecting or development work in such part and to the requirements for the future development of the remaining part but no such action shall be taken in respect of leases of minerals specified in the First S chedule to the Mines and Minerals (Regulation and Development) Act, 67 of 1957) except with the previous consent of the Central Government] : Provided that nothing in this sub - section shall be deemed to prevent any modifications being made in the terms and conditions of the said lease in accordance with the provisions of any Central Act for the time being in force regulating the modification of existing mining leases: [Provided further that the terms and conditions of the said lease in regard to minor minera ls as defined in the Mines and Minerals (Regulation and Development) Act, 1957 (Act 67 of 1957). shall, in so far as they are inconsistent with the rules made by the State Government under Section 15 of that Act, stand substituted by the corresponding term s and conditions prescribed by those Rules and if further ascertainment and settlement of the terms will become necessary, then necessary proceedings for that purpose shall be undertaken by the Collector.] (3) The holder of any such lease of mines and mine rals as is referred to in sub - section (1) shall not be entitled to claim any damages from the outgoing proprietor or tenure - holder on the ground that the terms of the lease executed by such proprietor or tenure - holder in respect of the said mines and miner als have become incapable of fulfilment by the operations of this Act. [(4) The rent and royalty on account of mines or minerals payable to the State Government shall always by deemed to be the first charge on the property whether or not it is so specified in the document of lease held by the lessee] . [10A. 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 subjec
Excerpt shown. Open the full act in Lexace.