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The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
Sections
1. Short title, extent and commencement.
Section 12. Definitions.
Section 23. Declaration by State Government of its intention to make scheme for consolidation of holdings.
Section 36. Procedure for sanction.
Section 67. Constitution of Village Advisory Committee.
Section 710D. Special power of Dy. Director regarding re-publication of register of lands, etc.
Section 10D15. Certificate of transfer.
Section 1516. Confirmed scheme to be treated as finally published record-of-rights.
Section 1617. Rights of raiyats after consolidation to be same as before.
Section 1718. Transfer of encumbrances.
Section 1821. No instrument necessary to effect transfer.
Section 2122. Application of certain laws barred.
Section 2223. Loans to assist consolidation.
Section 2324. Cost of consolidation proceedings.
Section 2428. State Government or local authority not to acquire land so as to leave fragment.
Section 2829. Special provisions for voluntary consolidation.
Section 2932. Transfer of lands prohibited.
Section 3233. Power of officers to enter upon land for survey and demarcation.
Section 3334. Delegation of powers.
Section 3436. Appeal and Revision.
Section 3638. Protection of action taken under this Act.
Section 3839. Provisions of this Act to prevail over other Acts.
Section 3940. Power to make rules.
Section 40
the-bihar-consolidation-of-holdings-and-prevention-of-fragmentation-act-1956.json
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23 Sections
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Bihar
{
"id": 15745,
"slug": "the-bihar-consolidation-of-holdings-and-prevention-of-fragmentation-act-1956",
"title": "The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956",
"short_title": "The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956",
"act_number": "(Bihar Act 22 of 1956)",
"act_year": 1956,
"act_type": "STATE",
"location": "Bihar",
"law_status": "unknown",
"enactment_date": null,
"description": "The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956",
"preamble": "",
"section_label": "Section",
"sections": [
{
"number": "1",
"title": "1. Short title, extent and commencement.",
"chapter": null,
"content": "",
"footnote": "",
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{
"number": "2",
"title": "2. Definitions.",
"chapter": null,
"content": "(1) \"agricultural year\" means the year commencing on the first day of April;\n[(2) \"Consolidation Officer\" means an officer appointed by the State Government to discharge all or any of the functions of the Consolidation Officer under this Act and he shall be an officer of Gazetted rank;]\n[(2a) \"Assistant Consolidation Officer\" means an officer appointed by the State Government to discharge all or any of the functions of the Assistant Consolidation Officer under this Act and who shall be an officer not below the rank of Kanungo,]\n(3) \"consolidation\" includes re-arrangement of parcels of land comprised in a holding or in different holdings for the purpose of rendering such holdings more compact;\n(i) land which was orchard or grove in the agricultural year immediately preceding the year in which the notification under Section 3 was issued;\n(ii) land subject to fluvial action and intensive soil erosion;\n(iii) such compact areas as are normally subject to prolonged water-logging;\n(iv) such other areas as the Director of Consolidation may declare to be unsuitable for the purpose of consolidation;]\n[(3a) \"Chak' means every parcel of land allotted to a raiyat or the under raiyat on consolidation;\n(3b) \"rectangulation\" means the process of dividing the area of a unit into rectangles or part of rectangles of convenient sizes with a view to regulate the allotment of Chaks, during consolidation operation;]\n[(4) \"Director of Consolidation\" means the officer appointed as such by the State Government to exercise the powers and perform the duties of Director of Consolidation under this Act or the rules made thereunder and shall include an Additional Director of Consolidation and a Joint Director of Consolidation;\n(4a) \"Deputy Director of Consolidation\" means an officer not below the rank of Additional District Collector appointed as such by the State Government to exercise such powers and perform such duties of the Director of Consolidation as may be delegated to him by the State Government and shall include an Assistant Director of Consolidation;\n(4b) \"Assistant Director of Consolidation\" means an officer not below the rank of Deputy Collector appointed as such by the State Government to exercise the powers and perform the duties of an Assistant Director of Consolidation under this Act or the rules made thereunder;]\n[(5) \"Fragment\" means a piece of land being in area less than :-\n(a) one acre of land irrigated by flow irrigation work or tube-well or lift irrigation;\n(b) two acres of unirrigated land;\n(c) four acres of hilly or sandy land:\n(6) \"Gram Panchayat\" means a Gram Panchayat established under Section 3 of the [Bihar Panchayat Raj Act, 1947] (Bihar Act VII of 1948);\n(7) \"Holding\" means a parcel or parcels of land held by a raiyat and forming the subject matter of a separate tenancy;\n(8) \"Encumbrance\" includes the right of an under raiyat in a holding or part thereof, but does not include a right of easement;\n(9) \"Land\" means agricultural land, and includes horticultural land, Kharpur land, land with bamboo clumps, pasture lands, cultivable waste land, homesteads, tanks, wells and water channels;\n(10) \"Landless labourer\" means a person whose main source of livelihood is agriculture or agricultural labour and who does not hold any land or holds land not exceeding such area as may be prescribed;\n(11) \"Notified area\" means any area in respect of which a notification is made under Section 3;\n(12) \"Prescribed\" means prescribed by rules made under this Act;\n(13) \"Public purpose\" includes any purpose in relation to any common need, convenience or benefit of the village or villages;\n(14) \" Raiyat \" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by hired servants or with the aid of partners, and includes, also the successors-in-interest of persons who have acquired such a right and includes-\n(i) in the district of the Santhal Parganas, a village headman in respect of his private holding, if any; and\n(ii) in the areas to which the Chota Nagpur Tenancy Act, 1908 (Bengal Act VI of 1908), applies a Mundari Khunt Kattidarand Bhuinhar;\n[(15) * * * *]\n(16) \"Scheme\" means a scheme for the consolidation of holdings;\n(17) \" Under raiyat \" means a tenant, holding whether immediately or mediately under a raiyat ;\n[(18) \"Unit\" means a village or part of a village and where the Director of Consolidation so notifies, by publication in the Official Gazette , two or more villages for which a single scheme of consolidation is to be framed;]\n[(19) \"Village Advisory Committee\" means the Village Advisory Committee constituted under section 7; and (20) all words and expressions used, but not defined in this Act, shall have- (i) in their application to any area in which the Bihar Tenancy Act, 1885 (VIII of 1885), is in force, the same meanings as are assigned to them in that Act. (ii) in their application to any area in which the Chota Nagpur Tenancy Act, 1908 (Bengal Act VI of 1908), is in force, the same meanings as are assigned to them in that Act; and (iii) in their application to any area in which the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949), is in force, the same meanings as are assigned to them in that Act ]\n(20) all words and expressions used, but not defined in this Act, shall have-\n(i) in their application to any area in which the Bihar Tenancy Act, 1885 (VIII of 1885), is in force, the same meanings as are assigned to them in that Act.\n(ii) in their application to any area in which the Chota Nagpur Tenancy Act, 1908 (Bengal Act VI of 1908), is in force, the same meanings as are assigned to them in that Act; and\n(iii) in their application to any area in which the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949), is in force, the same meanings as are assigned to them in that Act ]\nChapter II\nConsolidation of Holdings",
"footnote": "",
"is_definition": true,
"sort_order": 1
},
{
"number": "3",
"title": "3. Declaration by State Government of its intention to make scheme for consolidation of holdings.",
"chapter": null,
"content": "[4. Effect of notification under Section 3(1) of the Act.\n(a) the district or part thereof, as the case may be, shall be, deemed to be under consolidation operations and duty of preparing and maintaining the record-of-rights and the village map of each village shall be performed by the Director of Consolidation, who shall prepare or maintain them, as the case may be, in the manner prescribed;\n(b) no suit or other legal proceeding in respect of any land in such areas shall be entertained in any court, and in calculating period of limitation applicable to such suits and proceedings such period shall not be counted :\n(c) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending stand abated:\n[4A. Cancellation of notification under Section 3.\n[5. No transfer without sanction.\n[5A. Temporary exemption from the provisions of Section 5(1).",
"footnote": "",
"is_definition": false,
"sort_order": 2
},
{
"number": "6",
"title": "6. Procedure for sanction.",
"chapter": null,
"content": "(a) the prescribed particulars have not been furnished;\n(b) the transfer or partition is likely to interfere with the consolidation proceedings or to create a fragment; and\n(c) the transfer or partition will be against any provision of this Act or any provision of the tenancy law for the time being in force in the notified area:",
"footnote": "",
"is_definition": false,
"sort_order": 3
},
{
"number": "7",
"title": "7. Constitution of Village Advisory Committee.",
"chapter": null,
"content": "[8. Preparation of up-to-date record-of-rights before consolidation.\n[8A. Partition of joint holdings.\n9. [Preparation of register of lands.]\n(i) a register of lands belonging to raiyats which shall contain the following particulars, namely-\n(a) the name of the raiyat ;\n(b) the areas and the serial numbers of the plots of land held by the raiyat ;\n(c) classification of each plot according to its produce;\n(d) the areas and serial numbers of the plots of land held by [under raiyats ,] if any having right of occupancy therein;\n(e) the areas and serial numbers of the plots of land held by [under raiyats ,] it any, having no right of occupancy therein;\n(f) the valuation of each plot;\n(g) the valuation of all structures, trees, bamboo clumps, wells and other improvements existing in the plots for the purposes of calculating the amount thereof;\n(h) any other particulars that may be prescribed.\n(ii) a register of lands reserved for public purposes which shall contain the following particulars, namely:-\n(a) the public purpose for which any such land has been reserved or which it serves;\n(b) the area and boundary of such land, and\n(c) any other particulars that may be prescribed.\n[9A. Preparation of statement of principles.\n(a) details of areas, as far as they may be determined at this stage, to be earmarked for expansion of habitation including areas for habitation of Scheduled Castes, Scheduled Tribes and landless persons in the unit, and for such other public purposes as may be prescribed;\n(b) the basis on which the raiyats will contribute land for expansion of habitation and for other public purposes; and\n(c) details of land to be earmarked for public purposes.]\n[10. Publication of registers of lands and statement of principles and objections thereon.\n[10A. Bar to objection.\n[10B. Decision of matters relating to charges and transaction affecting rights or interest recorded in revised records.\n[10C. Re-publication of register of lands, etc. in certain cases.",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "10D",
"title": "10D. Special power of Dy. Director regarding re-publication of register of lands, etc.",
"chapter": null,
"content": "[10E. Disputes decided not to be re-opened on re-publication of register of lands, etc.\n[11. Preparation of draft scheme.\n(a) the rights and liabilities of a raiyat as recorded in the register of lands prepared under Section 9 or secured in the lands allotted to him, subject to the deductions, if any, made on account of the contribution to public purposes under this Act;\n(b) the valuation of plots allotted to a raiyat subject to deductions, if any, made on account of the contribution for public purposes under this Act, is equal to the valuation of the plot originally held by him:\n(c) the amount determined under the provisions of this Act, or the rules framed thereunder is awarded for the following:-\n(i) for trees, bamboo-clumps, wells, structures and other improvements, originally held by him and allotted to another raiyat , and\n(ii) for land contributed by the raiyat for public purposes;\n(d) every raiyat is, as far as possible, allotted a compact area of the plots where he holds the largest part of his holdings:\n(e) every raiyat is, as far as possible allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots originally held by him;\n(f) every raiyat is, as far as possible, allotted chaks in conformity with the process of rectangulation in rectangular units; and\n(g) subject to rules made in this behalf by the State Government, the lands held by an under raiyat is consolidated:\n(i) to declare that any land specifically assigned for any public purposes ceases to be so assigned and to assign any other land for such public purposes:\n(ii) to assign additional land for public purposes; and\n(iii) to direct that any area out of the land set apart for public purposes shall be used for the construction of houses for landless labourers.\n(i) the description and area of the new holdings proposed to be allotted to a raiyat and the valuation thereof;\n(ii) the description and area of land proposed to be set apart for extension of habitation and other public purposes;\n(iii) the description and area of land, if any, proposed to be set apart for the construction of houses for landless labourers;\n(iv) the rent payable for the existing holding;\n(v) the rent proposed to be fixed for the new holding;\n(vi) the encumbrances, if any, to any plot comprised in the existing holding of any raiyat ;\n(viii) the encumbrances, if any, to be transferred or attached to any plot of land comprised in the holding proposed to be allotted to a raiyat ;\n(viii) any other particulars that may be prescribed.\n[12. Publication of draft scheme.\n(i) the nature of his interest or right in or over any land;\n(ii) the manner in which such interest or right is likely to be adversely affected; and\n(iii) the amount and particulars of his claim to the amounts, if any, for such interest or right;\n[12A. Disposal of objections.\n[12B. Revision of the Draft Consolidation Scheme.\n(i) the Consolidation Officer, to revise the draft consolidation scheme' after giving to the raiyats or under raiyats concerned a reasonable opportunity of being heard or to remand the same to the Assistant Consolidation Officer with such directions as the Consolidation Officer may consider necessary; and\n(ii) the Assistant Director of Consolidation, to revise the draft consolidation scheme after .giving to the raiyats or under raiyats concerned a reasonable opportunity of being heard, or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer, as the Assistant Director of Consolidation may think fit, with such directions as he may consider necessary.]\n[13. Submission of scheme to the Director of Consolidation.\n(a) if no objections are filed within the time specified in Section 12; or\n(b) where such objections are filed after such modification or alterations, as may be necessary, in view of the order passed under sub-sections (1) to (4) of Section 12A.\n(ii) Extracts of the scheme showing allotment to the raiyats concerned as confirmed under sub-section (1) shall be issued by-\n(a) the Consolidation Officer where the allotments are not modified; and\n(b) the Assistant Director of Consolidation, where the allotments have been modified, and the same shall, except as otherwise provided by or under this Act, be the final allotment orders for raiyats and under raiyats concerned.]\n[14. Possession and accrual of the amount for trees, etc.",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "15",
"title": "15. Certificate of transfer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "16",
"title": "16. Confirmed scheme to be treated as finally published record-of-rights.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "17",
"title": "17. Rights of raiyats after consolidation to be same as before.",
"chapter": null,
"content": "[17A. Right to possession of new holdings.",
"footnote": "",
"is_definition": false,
"sort_order": 8
},
{
"number": "18",
"title": "18. Transfer of encumbrances.",
"chapter": null,
"content": "[19. Payment of amount.\n[20. Recovery of amount.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "21",
"title": "21. No instrument necessary to effect transfer.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "22",
"title": "22. Application of certain laws barred.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 11
},
{
"number": "23",
"title": "23. Loans to assist consolidation.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "24",
"title": "24. Cost of consolidation proceedings.",
"chapter": null,
"content": "[25. Reduction of land revenue on account of consolidation of land for public purpose.\n[26. Amount payable for land contributed by raiyats for public purposes.\n(b) In case of trees, bamboo-clumps, wells and other improvements falling within the land so contributed, the amount payable shall be determined in accordance with the provisions of Section 14.\n[26A. Close of the consolidation operations.\n27.",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "28",
"title": "28. State Government or local authority not to acquire land so as to leave fragment.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "29",
"title": "29. Special provisions for voluntary consolidation.",
"chapter": null,
"content": "[29A. Recognition of consolidation scheme prepared by tenants.\nChapter III\n[* * *] Treatment of Fragments\n30.\n[31. Transfer of fragments.\nChapter IV\nMiscellaneous",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "32",
"title": "32. Transfer of lands prohibited.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "33",
"title": "33. Power of officers to enter upon land for survey and demarcation.",
"chapter": null,
"content": "[33A. Correction of clerical or arithmetical errors.",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "34",
"title": "34. Delegation of powers.",
"chapter": null,
"content": "[35. Revision and Reference.",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "36",
"title": "36. Appeal and Revision.",
"chapter": null,
"content": "[37. Bar of jurisdiction of Civil Courts.\n[37A. Authorities under the Act to be deemed courts of competent jurisdiction.\n[37B. Authorities under this Act to have powers and privileges as are vested in a Civil Court in certain matters.\n(a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise and issuing a commission to examine witnesses;\n(b) compelling any person for the production of any document;\n(c) punishing the persons guilty of contempt.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "38",
"title": "38. Protection of action taken under this Act.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "39",
"title": "39. Provisions of this Act to prevail over other Acts.",
"chapter": null,
"content": "",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "40",
"title": "40. Power to make rules.",
"chapter": null,
"content": "(a) the manner of publication of notices;\n(b) the manner of giving notices to persons affected or interested;\n(c) the manner in which the Consolidation Officer shall consult the Village Advisory Committee;\n(d) the manner in which a person may be evicted from any land;\n(e) the manner in which compensation recoverable from any person shall be deposited by him;\n(f) the guidance of the Consolidation Officer in respect of the transfer of a lease, mortgage or other encumbrance;\n(g) the manner in which the area and assessment (including water-rates, if any) of each reconstituted holding shall be determined;\n(h) the appointment of guardians of minors whose interests may be affected by consolidation proceedings;\n(i) the procedure to be followed in filing applications and appeals and in hearing and disposing of such applications and appeals;\n(j) the fees to be payable on applications and memoranda of the appeals;\n(k) the guidance of the Village Advisory Committee, the Consolidation Officer and other persons in all proceedings under this Act; and\n(l) any other matter which is to be, or may be prescribed.\nNotifications\nNotifications\nNo. A/T-1051/57-7445 R-dated 18/19th September, 1957.",
"footnote": "",
"is_definition": false,
"sort_order": 22
}
],
"metadata": {
"Act ID": "bh097",
"Act Number": "(Bihar Act 22 of 1956)",
"Enactment Date": "",
"Act Year": "1956",
"Short Title": "The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956",
"Type": "STATE",
"Location": "Bihar"
},
"updated_at": "2026-09-29 21:55:19"
}