The Bihar Land Reforms Act, 1950

{
    "id": 15833,
    "slug": "the-bihar-land-reforms-act-1950",
    "title": "The Bihar Land Reforms Act, 1950",
    "short_title": "The Bihar Land Reforms Act, 1950",
    "act_number": "(Bihar Act 30 of 1950)",
    "act_year": 1950,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Bihar Land Reforms Act, 1950",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(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 agricultural purposes, that year;\n(b) \"Board\" means the Board constituted under Section 18;\n[(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 intermediary 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;]\n(c) \"Charitable purpose\" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility;\n(d) \"Claims Officer\" means the Claims officer appointed under subsection (1) of Section 14;\n(e) \"Collector\" includes 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;\n(f) \"Commission\" means the Bihar Land Commission constituted under Section 34;\n(g) \"Compensation Officer\" means the Compensation Officer appointed under Section 19;\n(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) of Section 3 [or sub-section (1) or (2) of Section 3A] in respect of such estate or tenure;\n[(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 lands, 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.]\n(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;\nExplanation.\n[(jj) \"Industrial undertaking\" means any industrial undertaking other than a public sector undertaking relating to;\n(a) heavy industry;\n(b) explosives;\n(c) fertilizers;\n(d) iron and steel;\n(e) cement; or\n(f) coal;]\n[(jjj)] \"Intermediary\" in relation to any estate or tenure, means a proprietor, tenure-holder, under-tenure-holder and trustee;\n[(jjjj)] \"Intermediary interest\" means the interest of an intermediary in an estate or tenure;\n(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 horticultural operations thereon himself with his own stock or by his own servants or by hired labour or with hired stock;\nExplanation.\n(l) \"Lease\" 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;\n(m) \"Mine\" means any excavation where any operation for the purpose of searching for or obtaining 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 Section 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(n) \"Prescribed\" means prescribed by Rules made under this Act;\n(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 unsound mind or an idiot, his guardian, committee or other legal curator;\n[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 -\n(a) heavy industry;\n(b) explosives;\n(c) fertilizers;\n(d) iron and steel;\n(e) cement, or\n(f) coal;]\n[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 ;]\n(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;\n[(q) \"Tenure\" means the interest of a tenure-holder or an under tenure-holder and include. -\n(i) a ghatwali tenure,\n(ii) a tenure created for the maintenance of any person and commonly known as kharposh , babuana , etc., and\n(iii) a share in or of a tenure but does not include 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);]\n[(r) \"Tenure-holder\" means 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 :-\n(i) the successors-in-interest of persons who have acquired such right,\n(ii) a person who holds such right in trust,\n(iii) a holder of a tenure created for the maintenance of any person.\n(iv) a ghatwal and the successors-in-interest of a ghatwal , and\n(v) where a tenure-holder is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator;]\n(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 religious or charitable endowment; and\n(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 :-\n(i) in their application 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;\n(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\n(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).\n[2A. Interpretation.\n2B.\nChapter II\nVesting of an Estate or Tenure in the State and its Consequences",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Notification vesting an estate or tenure in the State.",
            "chapter": null,
            "content": "[3A. Vesting of estates and tenures in the State.\n[3B. Provisions applicable to notifications proposed to be issued under Section 3A.\n(1) The State Government shall publish a proclamation in the 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 intermediary 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.\n(2) The substance of the proclamation shall be announced by beat of drum in all the villages of the State or, as the case may be, in the villages situate within such part of the State as may be specified in the proclamation.\n(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 application in the form set out in the Schedule to this Act.\n(4) The application shall be verified and signed in the manner provided for the verification of a plaint and shall be accompanied b. -\n(a) Such documents relating to the intermediary interests held by the intermediary as are required by the Schedule:\n(b) a certificate from the intermediary that he has not concealed or withheld any material information or particulars relating to his intermediary interests;\n(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 that he has made no other application claiming compensation under this Act.\n(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 extended 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:\n(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 Officer.\n(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 particulars 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 furnished.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Consequences of the vesting of an estate or tenure in the State.",
            "chapter": null,
            "content": "(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 primarily 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 rights 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.\n[(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 of this clause shall not be binding on the State Government.\nExplanation.\n[(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 for 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.\nExplanation.\n[(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, such 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:]\n(d) No suit shall lie in any Civil Court for the recovery 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 vesting shall be dropped.\n(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.\n[(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 defend 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.]\n(f) The Collector shall [be deemed to have taken charge] of such estate or tenure and of all interests vested in the State under this Section:\n[(g) Where by reason of the vesting of any estate or tenure or any part thereof in the State 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:\n[(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 any 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, dispossess 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:]\n[(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 in 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 after 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 payable in respect of the said holdings immediately before the first day of January, 1946:\n(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 Sub-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.\n[4A. Revision.\n(a) direct such further inquiry to be made as he may specify;\n(b) in a proceeding under clause (h), report the matter for orders of Government which may thereupon pass such orders as it may consider necessary;\n(c) in a proceeding under clause (hh), pass such orders as he may consider necessary; or\n(d) decline to interfere with the finding or order.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Homesteads of intermediaries to be retained by them as tenants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Certain other lands in khas possession of intermediaries to be retained by them on payment of rent as raiyats having occupancy rights.",
            "chapter": null,
            "content": "(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),\n(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 the Chota Nagpur Tenancy Act, 1908 (Ben. Act 6 of 1908),\n(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 servants or by hired labour or with hired stock, and\n[(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;]\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Buildings together with lands on which such buildings stand in the possession of intermediaries and used as golas, Factories or mills to be retained by them on payment of rent.",
            "chapter": null,
            "content": "[7A. Lands on which hat or bazar was held not deemed to be settled with intermediary.\n[7B. Right to hold mela to vest in the State.\n7C.\n[7D. Land and buildings, etc. acquired for an industrial undertaking and utilised for providing civic amenities, namely, health, housing, welfare, power house, and educational facilities to be deemed settled with it by the State.\n[7E. Land and building, etc., acquired for an industrial undertaking and leased 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.\n7F.\n[7G. Land acquired for public sector undertaking on which no occupancy right has been acquired to be saved to public sector undertaking.\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Appeal against Collector's order under Sections 5, 6 or 7.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Mines worked by intermediary.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Subsisting leases of mines and minerals.",
            "chapter": null,
            "content": "[10A. Vesting of interest of lessee of mines or minerals which is subject to sub-lease.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Buildings and lands appurtenant to mines.",
            "chapter": null,
            "content": "[12. Mines Tribunal.\nChapter III\nManagement of Estates and Tenures Transferred to the State",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "13",
            "title": "13. Management of estates and tenures vested in the State.",
            "chapter": null,
            "content": "Chapter IV\nProvisions Relating to Certain Debts of Proprietor and Tenure-Holder",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "14",
            "title": "14. Time within which secured Creditor may file claims.",
            "chapter": null,
            "content": "Explanation I.\nExplanation II.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "15",
            "title": "15. Creditor to furnish full particulars and documents.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "16",
            "title": "16. Determination of amount due to creditor and the order of priority as between two or more creditors.",
            "chapter": null,
            "content": "(a) he shall ascertain the amount of the principal originally advanced in each case irrespective of the closing of accounts, execution of fresh bonds, of decree or order of a Court;\n(b) he shall ascertain the amount of the interest already paid or realised and shall set off towards the amount of the principal any amount paid or realised as simple interest in excess of six per centum per annum or the stipulated rate of interest whichever is lower;\n(c) he shall separately specify the amount of the principal and the amount of the interest, if any due to the creditor, such interest being calculated at the rate mentioned in clause (b) and being limited to the amount of the principal originally advanced;\n(d) if he finds that in any case the creditor has received or realised by way of interest an amount equal to or more than the amount of the principal, he shall not allow any further interest to run on such principal;\nExplanation.\n(e) in other cases the amount of the principal ascertained to be due to the claimant shall carry interest at the rate of three per centum per annum or such other rate not exceeding six per centum per annum as may be prescribed by the State Government.\n(f) no future interest shall run on any interest ascertained to be due to a creditor.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "17",
            "title": "17. Appeal against the decision of Claims Officer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "18",
            "title": "18. Constitution of the Board and procedure.",
            "chapter": null,
            "content": "(a) a Judge of the High Court, if the appeal preferred involves a claim exceeding ten thousand rupees;\n(b) a District Judge, if such appeal involves a claim which does not exceed ten thousand rupees.\nChapter V\nAssessment of compensation\n[19. Appointment of Compensation Officer.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "20",
            "title": "20. Separate treatment of proprietor and tenure-holder having share.",
            "chapter": null,
            "content": "[21. Determination whether a trust is for charitable or religious purposes or not.\n22. \"Previous agricultural year\" and \"gross asset\" defined.\n(1) \"Previous agricultural year\" means the agricultural year immediately preceding that in which the date of vesting falls;\n(2) \"Gross assets\", when used with reference to [an intermediary] , means the aggregate of the rents, including all cesses, which were payable in respect of the estates or tenures of such [intermediary] for the previous agricultural year -\n(a) by the immediately subordinate tenant, in case such immediately sub-ordinate tenant is a tenure-holder of a permanent or resumable tenure;\n(b) by the raiyats , in all other cases and include. -\n(i) the aggregate of the rents determined in accordance with the provisions of the proviso to sub-section (1) of Section 5, and Sections 6 and 7 in respect of the lands in the possession of the [intermediary] referred to in the said provisions;\n(ii) rents determined in the prescribed manner in respect of gairmazrua khas or gairmazrua malik or parti land appertaining to such estates or tenures;\n(iii) rent of lands purchased by [an intermediary] in execution of decree for arrears of rent (such lands not being in khas possession of such proprietor or tenure-holder or settled with any raiyat ) at the rate payable before such sales;\n(iv) annual rent determined in the prescribed manner of buildings or portions of buildings used primarily as offices or cutcheries for the collection of rents;\n(v) rents to be determined in the prescribed manner of lands in respect of which an order for the partial or entire remission of rent has been passed under clause (c) of sub-section (1) of Section 112-A of the Bihar Tenancy Act, 1885 (8 of 1885) or under clause (c) or clause (d) of Section 33-A of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) and is in force in the agricultural year preceding the agricultural year in which the date of vesting falls;\n(vi) gross income of the previous agricultural year from fisheries trees, jalkars, ferries, hats, bazars [melas] and sairati interests.\n[x x x x]\n(vii) gross income from forest calculated on the basis of the average gross annual income of twenty-five agricultural years preceding the agricultural year in which the date of vesting falls, which in the opinion of Forest Officer, not below the rank of a Divisional Forest Officer, to be appointed in this behalf by the State Government, the forests would have yielded, if they had been placed during the said period of twenty five years under the management of the State Government under any law for the time being in force relating to forests;\n(viii) gross annual income of previous agricultural year from any other interest appertaining to an estate or tenure vesting in the State and not expressly mentioned in sub-clauses (i) to (vii).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "23",
            "title": "23. Computation of net income.",
            "chapter": null,
            "content": "(a) any sum which was payable as land-revenue or rent including cesses to the State Government or to the immediately superior land-lord, as the case may be, in respect of the State or tenure of such [intermediary] for the previous agricultural year:\n(b) any sum which was payable by such [intermediary] as agricultural income-tax in respect of any agricultural income derived from such estate or tenure for the previous agricultural year;\n(c) any sum which was payable by such [intermediary] as income tax in respect of any income derived from such estate or tenure, other than royalties, for the previous agricultural year:\n(d) any sum which was payable as chaukidari tax or municipal tax in respect of any building or part of building used primarily as office or cutchery for the management of such estate or tenure;\n(e) cost of management of such estate or tenure at the following rates namely :-\nAmount of gross asset.\nAmount of gross asset.\nRate\nRate\n(i)\nWhere the gross asset does not exceed Rs. 2,000\n5 per centum of such gross asset;\n(ii)\nwhere the gross asset exceeds Rs. 2.000 but does net exceed\n\t\t\t\tRs. 5,000.\n7 ½ per centum of such gross asset;\n(iii)\nwhere the gross asset exceeds Rs. 5,000 but does not exceed\n\t\t\t\tRs. 10,000.\n10 per centum of such gross asset;\n(iv)\nwhere the gross asset exceeds Rs. 10,000 but does not exceed\n\t\t\t\tRs. 15,000.\n12 ½ per centum of such gross asset;\n(v)\nwhere the gross asset exceeds Rs. 15,000.\nNot less than 15 and not more than 20 per centum of such gross\n\t\t\t\tasset:\nExplanation.\nIllustration.\n[(f) any other tax or legal imposition payable in respect of such estate or tenure not expressly mentioned in [clauses (a) to (e) or the value] , to be commuted in the prescribed manner, of any services or obligations of any other form to be rendered or discharged as a condition precedent to his enjoyment of such estate or tenure.]",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "24",
            "title": "24. Rates of compensation.",
            "chapter": null,
            "content": "(1) in the case of a proprietor or tenure-holder of a permanent or resumable tenure, the compensation payable shall be determined in accordance with the following table, namely :-\nAmount of net income.\nAmount of net income.\nRate of compensation payable.\nRate of compensation payable.\n(a)\nWhere the net income so computed does not exceed Rs. 500.\nTwenty times such net income\n(b)\nWhere the net income so computed exceeds Rs. 500 but does not\n\t\t\t\texceed Rs. 1,250.\nNineteen times such net income but in any case not less than\n\t\t\t\tthe maximum amount under item (a) above.\n(c)\nWhere the net income so computed exceeds Rs. 1,250 but does\n\t\t\t\tnot exceed Rs. 2,000.\nEighteen times such net income but in any case not less than\n\t\t\t\tthe maximum amount under item (b) above.\n(d)\nWhere the net income so computed Rs. 2,000 but does not exceed\n\t\t\t\tRs. 2,750\nSeventeen times such net income but in any case not less than\n\t\t\t\tthe maximum amount under item (c) above.\n(e)\nWhere the net income so computed exceeds Rs. 2,750 but does\n\t\t\t\tnot exceed Rs. 3,500.\nSixteen times such net income but in any case not less than\n\t\t\t\tmaximum amount under item (d) above.\n(f)\nwhere the net income so computed exceeds Rs. 3,500 but does\n\t\t\t\tnot exceed Rs. 4,250.\nFifteen times such net income but in any case not less than\n\t\t\t\tthe maximum amount under item (e) above.\n(g)\nwhere the net income so computed exceeds Rs. 4,250 but does\n\t\t\t\tnot exceed Rs. 5,000.\nFourteen times such net income but in any case not less than\n\t\t\t\tthe maximum amount under item (f) above.\n(h)\nwhere the net income so computed exceeds Rs. 5000 but does not\n\t\t\t\texceeds Rs. 10,000\nTen times such net income but in any case not less than the\n\t\t\t\tmaximum amount under item (h) above.\n(i)\nwhere the net income so computed exceeds Rs. 10,000 but does\n\t\t\t\tnot exceed Rs. 20,000.\nEight times such net income but in any case not less than the\n\t\t\t\tmaximum amount under item (i) above.\n(j)\nwhere the net income so computed exceeds Rs. 20,000 but does\n\t\t\t\tnot exceed Rs. 50,000.\nSix times such net income but in any case not less than the\n\t\t\t\tmaximum amount under item (i) above.\n(k)\nwhere the net income so computed exceed Rs. 50,000 but does\n\t\t\t\tnot exceed Rs. 1,00,000.\nFour times such net income but in any case not less than the\n\t\t\t\tmaximum amount under item (j) above.\n(l)\nWhere the net income so computed exceeds Rs. 1,00,000.\nThree times such net income but in any case not less than the\n\t\t\t\tmaximum amount under item (k) above.\nExplanation.\n(a) on failure of male heirs of the body of the original grantee in the male line; or\n(b) on the happening of any definite contingency other than that referred to above.\nExplanation.\nExplanation.\n[24A. Determination of compensation of any intermediary of temporarily settled estate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "25",
            "title": "25. Computation of compensation payable for mines and minerals.",
            "chapter": null,
            "content": "(a) his gross income and net income from such royalties:\n(b) his gross income from mines worked directly by him and the amount deemed to be his net income from royalties in respect of such mines;\n(c) the amount of compensation payable to him under the provisions of this Act for mines and minerals; and\n(d) such other particulars as may be prescribed.\n(a) Where the amount of compensation can be fixed by agreement it shall be determined in accordance with such agreement;\n(b) Where no such agreement is reached within the prescribed period, the Compensation Officer shall refer the question of the determination of the amount of compensation of [a Mines Tribunal appointed under Section 12]\n[ x x x ]\n[(c) at the commencement of the proceeding before the Tribunal, the State Government and the [intermediary] shall state what in their respective opinion is a fair amount of compensation;]\n[(d) the Tribunal in giving its award shall have regard to the provisions of subsection (2) and (3) [x x x] , and determine the amount of compensation to be payable to the [intermediary] at such rate which shall be not less than three and not more then twenty times of the net income from royalties as may appear to the tribunal to be fair and equitable;]\n[(e) every award made by the Tribunal under this sub-section shall be [final and shall be] communicated to the Compensation Officer who made the reference and thereupon he shall proceed to complete the compensation assessment-roll accordingly.]\n[26. Preliminary publication of Compensation Assessment Roll.\n(i) cause to be published in the prescribed manner and 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 in the draft is the entire amount of compensation payable in respect of the interest of the intermediary in the estate or tenure or part thereof as the case may be, and that the person named therein is presumed to be the only person entitled thereto and that objections, if any, in respect of any entry in the draft Assessment-roll may be filed by any person before the Compensation Officer within sixty days of the expiry of the said prescribed period; and\n(ii) send by registered post, with acknowledgement due, a copy of the draft together with a copy of the notice to the person whose name appears in the draft.\n(b) The Commissioner of the division, the Collector of the district or any other officer not below the rank of a Deputy Collector authorised in this behalf by the State Government may, before the publication of the draft Compensation Assessment-roll issue such directions to the Compensation Officer in regard to the computation of compensation and matters relating thereto as he may consider fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "27",
            "title": "27. Appeal.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "28",
            "title": "28. Final publication of the Compensation Assessment-roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "29",
            "title": "29. Certificate and presumption as to final publication of compensation Assessment-roll.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "30",
            "title": "30. Correction by Compensation Officer of bona fide mistakes.",
            "chapter": null,
            "content": "[30A. Fresh preparation of Compensation Assessment-roll where new interests are discovered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "31",
            "title": "31. Determination of compensation for Premature termination of lease of mines and minerals.",
            "chapter": null,
            "content": "Column 1\nColumn 2\n(a)\nDoes not exceed five years\nOnetime.\n(b)\nExceeds five years but does not exceed ten years.\nTwo times.\n(c)\nExceeds ten years but does not exceed twenty years.\nThree times.\n(d)\nExceeds twenty years but does not exceed thirty years.\nFour times.\n(e)\nExceeds thirty years but does not exceeds fifty years.\nFive times.\n(f)\nExceeds fifty years but does not exceed eighty years.\nSix times.\n(g)\nExceeds eighty years but does not exceed one hundred years.\nSeven times.\n(h)\nExceeds one hundred years.\nEight times.\nExplanation.\nChapter VI\nPayment of Compensation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "32",
            "title": "32. Manner of payment of compensation.",
            "chapter": null,
            "content": "[32A. Payment of an amount not exceeding fifty per centum of the compensation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "32",
            "title": "32B. No payment to be made under Section 32 or 32A unless affidavit sworn.",
            "chapter": null,
            "content": "[33. Making ad interim payment to proprietors, etc. or trustee.\nChapter VII\nBihar Land Commission",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "34",
            "title": "34. Constitution and functions of Bihar Land Commission.",
            "chapter": null,
            "content": "(a) five shall be members of the Bihar Legislative Assembly to be elected in the prescribed manner by the said Assembly:\n(b) three shall be members of the Bihar Legislative Council to be elected in prescribed manner by the said Council;\n(c) two shall be persons appointed by the State Government; and\n(d) one shall be an official who shall also be the Secretary to the Commission to be appointed by the State Government.\n(b)The Commission may hold such inquiries as appear to it to be necessary or desirable for the purpose of the proper discharge of its functions.\nChapter VIII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "35",
            "title": "35. Bar to jurisdiction of Civil Courts in certain matters.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "36",
            "title": "36. Delegation.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "37",
            "title": "37. Protection of action taken under this Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "38",
            "title": "38. Collector, Claims Officer and Compensation Officer to have powers of a Civil Court and inquiry conducted by them to be deemed to be judicial proceeding.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "39",
            "title": "39. Protection of trustees.",
            "chapter": null,
            "content": "[40. Power of Collector, Claims Officer and Compensation Officer to ask for information, require production of documents, etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "41",
            "title": "41. Penalties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "42",
            "title": "42. Vesting of estates or tenures under the management of State Government.",
            "chapter": null,
            "content": "[42A. Power to transfer cases.\n(a) transfer any inquiry under Sections 4, 5, 6 and 7 pending before him for disposal to any other officer competent to dispose of the same or withdraw any such inquiry from any such officer, and dispose of the same, or re-transfer it to any other officer competent to dispose of the same or re-transfer the same for disposal to the officer from whom it was withdrawn, and\n(b) transfer any inquiry under Chapters V and VI pending before a Compensation Officer for disposal to any other Compensation Officer or re-transfer the same for disposal to the Compensation Officer from whom it was withdrawn.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "42B",
            "title": "42B. Provisions of Act to prevail over other laws.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "43",
            "title": "43. Power to make Rules.",
            "chapter": null,
            "content": "(a) the mode of service of any orders or notices issued under this Act;\n(b) the forms to be used under this Act;\n(c) the procedure to be followed in determining fair and equitable rent in respect of certain lands deemed to be settled with [an intermediary] under Sections 5, 6 or Section 7;\n[(d) the authority to which an appeal shall lie under the proviso to clause (cc) and the proviso to clause (hh) of Section 4, and Section 8, and the procedure to be followed in disposing of such appeal;]\n(e) the method of the management of estates and tenures under Section 13 by the Executive Committee of a Gram panchayat;\n(f) the manner of notification of claims by a creditor to a Claims Officer under sub-section (1) of Section 14;\n(g) the rate of interest to be admissible on the amount of the principal ascertained under clause (e) of sub-section (2) of Section 16;\n(h) the procedure to be followed in the disposal of appeals under subsection (2) of Section 18;\n(i) the mode of preparation of the Compensation Assessment Roll under Section 19;\n(j) the procedure to be followed in ascertaining the gross assets of [an intermediary] under any of the heads mentioned in sub-clauses (i), (ii), (iii), (iv), (v), (vi), (vii) and (viii) of clause (2) of Section 22;\n[(k) the particulars to be prescribed under clause (d) of sub-section (1) and the rates of the cost of collection to be prescribed under subsection (2) of Section 25;]\n(l) the manner and period of publication of a draft Compensation Assessment-Roll under sub-section (1) of Section 26 and the disposal of objections under that sub-section;\n(m) the manner in which appeals under section 27 shall be considered and disposed of;\n(n) the manner of final publication of the Compensation Assessment-Roll under Section 28;\n[(o) the procedure to be followed by the Tribunal under sub-section (3) of Section 12, Section 31 or sub-section (4) of Section 32;]\n(p) the proportion in which compensation shall be payable in cash and in bonds and the manner of payment of such compensation under subsections (2) and (3) of Section 32;\n(q) the manner of calculating the approximate amount of compensation [for annuity] mentioned in sub-section (1) of Section 33;\n(r) the manner of holding elections under sub-section (1) of Section 34 for the purpose of establishing the Commission, the term for which a member of the Commission shall hold office and the functions to be discharged by it; and\n(s) any other matter by this Act required, or expressly or impliedly authorised, to be prescribed.\n[The Schedule]\n[ See Section 3B (3)]\nForm of application under Section 3B (3) of the Bihar Land Reforms Act, 1950\nForm of application under Section 3B (3) of the Bihar Land Reforms Act, 1950\n(i) Jamabandi of my interest in estate/tenure (of cash and produce rent).\n(ii) Wasil Baki Book.\n(iii) Siaha Book.\n(iv) Khatian/Khewat of the estate/tenure.\n(v) All counterfoils of rent receipts for one year immediately preceding the agricultural year in which the intermediary interests will vest in the State.\n(vi) Register of account of Bhawli or Batai land.\n(vii) Register of lands in Khas possession together with the connected documents in respect of it.\nYours faithfully ..................................................\nFather's name ..........................\nVillage/Town ............................\nThana ........................................\nDistrict .....................................\nStatement I\nStatement I\nForm of particulars to be furnished under Section 3B(3) of the Bihar Land Reforms Act, 1950\nForm of particulars to be furnished under Section 3B(3) of the Bihar Land Reforms Act, 1950",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "1",
            "title": "1. District ..........................................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "2",
            "title": "2. Name of intermediary .................",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "3",
            "title": "3. Address .......................................",
            "chapter": null,
            "content": "(1)\n(2)\n(3)\n(4)\n(5)\nSerial No.\nTauzi number and Khewat number of\n the tauzi or tenure held by the intermediary.\nName of the mahal or tenure, if any.\nNature or extent of interest held by the\n intermediary in the tauzi or tenure.\nVillage or Villages in which the tauzi or\n tenure is situated.\n(6)\n(7)\n(8)\n(9)\n(10)\nland revenue or rent payable by the intermediary\n in respect of the tauzi or tenure.\nCess payable by the intermediary in respect of\n the tauzi or tenure.\nArea under Khas possession of the\n intermediary together with plot numbers and the classification of\n land.\nArea of gairmazrua malik land together\n with plot numbers.\nArea of Gairmazrua aam lands together with\n plot numbers.\n(11)\n(12)\n(13)\n(14)\nParticulars of all buildings including buildings\n used as cutchery or office for collection of rent within\n the tauzi or tenure belonging to the proprietor or tenure\n holder showing how each such building is utilised by the\n intermediaries.\nDetails of all sairati interest e.g.,\n fisheries, trees, jalkars , ferries, hats and bazars held within the tauzi or tenure indicating the annual jama, the date of the last settlement and the period for\n which settlement has been made by the intermediaries.\nTotal annual rent payable by intermediary\n subordinate tenure holders and raiyats . A copy of the jamabandi should be affixed showing the holdings of such raiyat and in the case of a tenure-holder the particulars\n of a tenure.\nTotal cess payable by the tenure holder or raiyats.\nNote. - Where the interest of an intermediary lies in more than one district, separate form shall be filled up and submitted in respect of the interests lying in each district.\nNote.\nStatement II\nStatement II\nDistrict.................\nName and address of intermediary.....................\n(1) The amount payable by the intermediary as agricultural income- tax for the previous agricultural year.\n(2) The amount payable as income tax in respect of any income derived from the intermediary interests for the previous agricultural year:\n(3) The amount paid by the intermediary as chaukidari tax or municipal tax in respect of any building used as cutchery for the management of estate/ tenure.\n(4) Any other tax or legal imposition payable by the intermediary in respect of the estate or tenure or any service or obligation of any other form rendered or discharged as a condition precedent to the enjoyment of such estate/tenure.\nSignature of Proprietor/Tenure-holder/ Authorised Agent\nStatement III\nStatement III\nParticulars of settlement, lease or transfer of land made after 1st January, 1946\nParticulars of settlement, lease or transfer of land made after 1st January, 1946\nDistrict .........................\nName of Proprietor/Tenure holder .......................\nAddress of Proprietor/Tenure-holder ...................\nSerial no.\nVillage with thana number.\nPolice Station.\nTauzi no. or khewat no. in the case of tenure.\nName of the lessees, settlees or transferees with\n address.\nNature of transaction whether settlement, lease\n or transfer.\n1\n2\n3\n4\n5\n6\nPeriod for which settlement or lease made\nNo. and date of the registered deed by which the\n transaction was made giving the name of the Registration office\n where the deed was registered.\nArea settled, leased or transferred together with\n plot numbers\nConsideration received\nAnnual rent payable in the case of settlement or\n lease\n7\n8\n9\n10\n11\nSignature of Proprietor/Tenure-holder/ Authorised Agent.\nStatement IV\nStatement IV\nParticulars of Mining leases granted\nParticulars of Mining leases granted\nDistrict ...............................\nName of Proprietor/Tenure holder .......................\nAddress ..........................\nSerial No.\nVillage with thana no.\nPolice station\nTauzi no. or khewat no. in the case of a tenure.\nName of lesee with address\nDate on which lease was granted.\nNumber and date of the registered document\n granting the lease together with the name of the Registration\n office where registered.\n1\n2\n3\n4\n5\n6\n7\nWhether prospecting or development done.\nNature of mineral worked.\nArea leased.\nDead rent payable.\nRoyalty payable\nIncome from dead rent and royalty during the\n previous financial year.\n8\n9\n10\n11\n12\n13\nSignature of Proprietor/Tenure-holder/ Authorised Agent.\nStatement V\nStatement V\nParticulars of mines directly worked by Proprietors or Tenure-holders.\nParticulars of mines directly worked by Proprietors or Tenure-holders.\nDistrict ...............................\nName of Proprietor/Tenure holder .......................\nAddress ..........................\nSerial No.\nVillage with thana No.\nPolice station\nTauzi no. or khewat no. in the case of a tenure\nNature of mineral worked\nWhen was the mine started\nArea of the mine\nWhether prospecting or development done\nTonnage of minerals raised\nProfits during the preceding financial year\nRemarks\n1\n2\n3\n4\n5\n6\n7\n8\n9\n10\n11\nSignature of Proprietor/Tenure-holder/ Authorised Agent.\nAppendix\nAppendix\nNotifications\nNotifications\nS.O.1490 dated 18th December, 1978.\nSchedule\nSI. No.\nNature of Mines Tribunal\nChairman of the Tribunal\nTerritorial Jurisdiction\n1\n2\n3\n4\n1.\nPatna Division.\nDistrict Judge, Patna\nEntire Patna Division.\n2.\nBhagalpur and Kosi Divisions.\nDistrict Judge, Bhagalpur.\nEntire Bhagalpur and Kosi Divsions.\n3.\nTirhut and Darbhanga Divisions.\nDistrict Judge, Muzaffarpur.\nEntire Tirhut and Darbhanga Divisions.\n4.\nNorth Chotanagpur Division.\nDistrict Judge, Hazaribagh.\nEntire North Chotanagpur Division.\n5.\nSouth Chotanagpur Division.\nDistrict Judge, Ranchi\nEntire Sourth Chotanagpur Division.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        }
    ],
    "metadata": {
        "Act ID": "bh400",
        "Act Number": "(Bihar Act 30 of 1950)",
        "Enactment Date": "",
        "Act Year": "1950",
        "Short Title": "The Bihar Land Reforms Act, 1950",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}