The Land Acquisition (Bihar Amendment) Act, 1960

{
    "id": 15933,
    "slug": "the-land-acquisition-bihar-amendment-act-1960",
    "title": "The Land Acquisition (Bihar Amendment) Act, 1960",
    "short_title": "The Land Acquisition (Bihar Amendment) Act, 1960",
    "act_number": "(Bihar Act 11 of 1961)",
    "act_year": 1960,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Land Acquisition (Bihar Amendment) Act, 1960",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title and Application.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Repeal, revival and saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Amendment of Section 3 of Act I of 1894.",
            "chapter": null,
            "content": "(i) for clause (c), the following clause shall be substituted , namely :-\n\"(c) the expression 'Collector' means the Collector of a district and includes a Deputy Commissioner, Additional Collector, Additional Deputy Commissioner and any officer specially appointed by the appropriate Government to perform the functions of a Collector under this Act except the functions under Sections 4, 5-A, 6, 35 and 38\"; and\n(ii) for clause (f), the following clause shall be substituted , namely :-\n\"(f) the expression 'public purpose' includes provisions for or inconnection with -\n(i) sanitary improvements of any kind including reclamation: and\n(ii) the laying out of village sites or townships, or the extension, planned development or improvement of existing village sites or townerships; and.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Amendment of Section 4 of Act I of 1894.",
            "chapter": null,
            "content": "(a) for sub-section (1), the following sub-section shall be substituted , namely :-\n(1) Whenever it appears to the appropriate Government or the Collector that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published at the office of the Collector, at the office of the Sub-divisional officer, at the offices of the smallest revenue administrative unit and Gram Panchayat, if any constituted under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948) and at some conspicuous place in the village in which the land is situated; and the Collector shall cause copies of the notification to be served on all persons known or believed to be interested in the land.\nExplanation.\n(b) in sub-section (2), after the words \"such Government\", the words \"or the Collector\" shall be inserted .",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5-A",
            "title": "5. Amendment of Section 5-A of Act 1 of 1894.",
            "chapter": null,
            "content": "(i) in sub-section (1), for the words \"within thirty days after the issue of the notice\", the following words shall be substituted , namely :-\n\"within thirty days after the publication of the notification referred to in the said sub-section at some conspicuous place in the village in which the land is situated or of the service of the copy thereof on him, whichever is later,\"; and\n(ii) for sub-section (2), the following sub-section shall be substituted , namely :-\n\"(2) (i) Every objection under sub-section (1) shall be made in writing to the Collector who shall give the objector an opportunity of being heard, either in person or by pleader and shall after hearing all such objections and making such further enquiry, if any, as he thinks necessary, decide the objection:\n(ii) The order of the appropriate Government and subject to such order, the decision of the Collector, under clause (i) shall be final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Amendment of Section 6 of Act I of 1894.",
            "chapter": null,
            "content": "(i) for sub-section (1), the following sub-section shall be substituted namely :-\n\"(1) Subject to the provisions of Part VII of this Act, where the appropriate Government is satisfied after considering the Collector's report, if any, under the proviso to sub-section(2) of Section 5-A, or the Collector is satisfied after hearing the objections, if any, under Section 5-A, that any particular land is needed for a public purpose, or for a Company, a declaration shall be made by the appropriate Government or the Collector, as the case may be, to that effect in writing:\n(ii) in sub-section (3), after the words 'appropriate Government', the words 'or the Collector, as the case may be', shall be inserted .\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Amendment of Section 7 of Act I of 1894.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "12-A",
            "title": "8. Insertion of new Section 12-A in Act I of 1894.",
            "chapter": null,
            "content": "\"12-A. Correction of award. - (1) The Collector may, before a reference if any, is made under Section 18 :-\n(i) on his own motion, within six months from the date of the award, or\n(ii) on the application of the person interested made within six months from the date of the award, correct any clerical or arithmetical error in the award.\n(2) The Collector shall give immediate notice of any correction made in the award to all persons interested.\n(3) Where as a result of a correction made under sub-section (1), it appears to the Collector that any amount has been paid in excess to any person, such person shall, after having been given an opportunity of being heard, be liable to refund the excess and if, on an order made by the Collector in this behalf, he fails or refuses to pay it, the same shall be realised as a public demand.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "17",
            "title": "9. Substitution of new Section for Section 17 of Act I of 1894.",
            "chapter": null,
            "content": "\"17. Special powers in cases of urgency. - (1) In cases of urgency whenever the appropriate Government so directs the Collector, though no such award has been made, may on the expiration of fifteen days from the publication of the declaration mentioned in Section 6, or with the consent in writing of the person interested, at any time after the publication of the notification under Section 4 in the village in which the land is situated, take possession of any waste or arable land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government free from all encumbrances.\"\nExplanation.\n(2) Whenever it becomes necessary for the purpose of protecting life or property from flood, erosion or other natural calamities or for the maintenance of communication other than a railway communication or it becomes necessary for any Railway Administration (other than the Railway Administration of the Union), owing to any sudden change in the channel of any navigable river or other unforeseen emergency for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or providing convenient connection with or access to any such station, to acquire the immediate possession of any land, the Collector may, immediately after the publication of the declaration mentioned in Section 6 or, with the consent in writing of the person interested, given in the presence of headman of the village or Mukhiya and Sarpanch as defined in the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948), at any time after the publication of the notification under Section 4 in the village in which the land is situated and with the previous sanction of the appropriate Government, enter upon and take possession of such land which shall thereupon vest absolutely in the Government free from all encumbrances:\n(3) In every case under the preceding sub-section the Collector shall at the time of taking possession offer to the persons interested compensation for the standing crops on such land and for any other damage sustained by them caused by such sudden dispossession and not accepted in Section 24; and, in case such offer is not accepted, the value of such crops and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained.\n(4) In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the provisions of Section 5-A shall not apply where the appropriate Government so directs or where possession of land has been taken with the consent of the person interested.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "23",
            "title": "10. Amendment of Section 23 of Act I of 1894.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "35",
            "title": "11. Amendment of Section 35 of Act I of 1894.",
            "chapter": null,
            "content": "(a) (i) after the words \"whenever it appears to the appropriate Government\", the words \"or the Collector\", shall be inserted ;\n(ii) after the words \"the appropriate Government may direct the Collector to\", the words \"or the Collector may,\" shall be inserted ; and\n(iii) after the words \"for sum term as it\", the words \"or he\" shall be inserted .\n(b) the following Explanation shall be added at the end, namely :-\nExplanation.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "38",
            "title": "12. Amendment of Section 38 of Act I of 1894.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        }
    ],
    "metadata": {
        "Act ID": "bh501",
        "Act Number": "(Bihar Act 11 of 1961)",
        "Enactment Date": "",
        "Act Year": "1960",
        "Short Title": "The Land Acquisition (Bihar Amendment) Act, 1960",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:19"
}