Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Bihar Land Reforms (Fixation Of Ceiling Area And Acquisition Of Surplus Land (Amendment) Act, 1973 09 of 1973 CONTENTS 1. Short Title 2. Substitution Of New Section For Section 4 Of The Bihar Act Xii Of 1962 3. Amendment Of Section 5 Of Bihar Act Xii Of 1962 4. Amendment Of Section 29 Of Bihar Act Xii Of 1962 5. Amendment Of Part I Of The Schedule To Bihar Act Xii Of 1962 Bihar Land Reforms (Fixation Of Ceiling Area And Acquisition Of Surplus Land (Amendment) Act, 1973 09 of 1973 An Act to amend the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. Be it enacted by the Legislature of the State of Bihar in the twenty fourth year of the Republic of India as follows:- 1. Published in Bihar Gazette (extra- ordinary), dated 30.5.1973. 1. Short Title :- This Act may be called the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) (Amendment) Act, 1973. 2. Substitution Of New Section For Section 4 Of The Bihar Act Xii Of 1962 :- For Section 4 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act XII of 1962) (hereinafter referred to as the said Act), the following section shall be substituted, namely:- 4. Fixation of Ceiling area of land.-The following shall be the ceiling area of land for one family consisting of not more than five members for the purpose of this Act- (a) fifteen acres, that is, equivalent to 6.0705 hectares of land, irrigated or capable of being irrigated by flow-irrigation work or tube-wells or lift irrigation which are constructed, maintained, improved or controlled by the Central or State Government or by a body constituted under any law and which provide or are capable of providing water for more than one season (hereinafter referred to as Class I land). Explanation.-A land shall not be regarded as Class I land unless it is capable of growing at least two crops in a year; or (b) eighteen acres, equivalent to 7.2845 hectares of land irrigated by such private lift irrigation or private tube-wells as are operated by electric or diesel power, and provide or are capable of providing water for more than one season (hereinafter referred to as Class II land). Explanation.-Private lift irrigation or private tube-wells mean those which are not constructed, maintained, improved or controlled by the Central or State Government or by a body corporate constituted under any law; or (c) Twenty five acres, equivalent to 10.1175 hectares of land, irrigated or capable of being irrigated by works which provide or are capable of providing water for only one season (hereinafter referred to as Class ill land); or (d) thirty acres, equivalent to 12.141 hectares of land, other than those referred to in clauses (a), (b), (c), (e) and (f) or land which is an orchard or used for any other horticultural purpose (hereinafter referred to as Class IV land); or (e) thirty seven and a half acres, equivalent to 15.368 hectares of diara land, or chaur (hereinafter referred to as Class V land); or (f) forty five acres, equivalent to 18.211 hectars of hilly, sandy or other kind of land none of which yields paddy, rabbior cash crop (hereinafter referred to as Class VI land). 3. Amendment Of Section 5 Of Bihar Act Xii Of 1962 :- In Section 5 of the said Act:- (i) Sub-section (2) shall be omitted and shall be deemed always to have been omitted, and (ii) for the existing explanation to clause (i) of sub-section (3), the following explanation shall be substituted, namely:- Explanation.-(i) For the purpose of this Section, where the land holder is a company or Association or body of individuals the number of persons entitled to be maintained under their personal law and dependent upon the land-holder shall be deemed to consist of not more than five. (ii) For the purposes of this Act except the schedule, one acre of Class I land shall be deemed to be equivalent to 1.20 acre of Class II, 1.66 acre of Class III, 2 acres of Class IV, 2.30 acres of Class V and 3 acres of Class VI land". 4. Amendment Of Section 29 Of Bihar Act Xii Of 1962 :- In clause (b) of sub-section (1) of Section 29 of the said Act after item (vii), the following item shall be added, namely : (viii) Land held by- (a) Banking companies as defined in Section 5 of the Banking Regulation Act, 1949. (b) The State Bank of India constituted under the State Bank of India Act, 1955. ( c ) Subsidiary Banks as defined in the State Bank of India (Subsidiary Bank) Act, 1959. (d) Corresponding new Banks constituted under the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970. (e) The Co-operative Banks. (f) Any other financial institution notified by the State Government as Bank for the purpose of this Act. 5. Amendment Of Part I Of The Schedule To Bihar Act Xii Of 1962 :- For Part I of the Schedule to the said Act, the following part shall be substituted, namely : PART I Rules of Compensation payable to the raiyat by the State Government for land on which there are no under raiyats. Class I Rs. 900 per acre. Class II Rs. 750 per acre. Class III Rs. 540 per acre. Class IV Rs. 450 per acre. Class V Rs. 360 Per acre. Class VI (a) Land growing crops other than paddy or rabbi or classed as Tarn II in Chotanagpur and Santhal Pargana. Rs. 150 per acre. (b) Land classed as Tarn III in Chotanagpur and Santhal Pargana. Rs. 75 per acre. (c) Waste land... Rs. 50 per acre. (a) Land growing crops other than paddy or rabbi or classed as Tarn II in Chotanagpur and Santhal Pargana. Rs. 150 per acre. (b) Land classed as Tarn III in Chotanagpur and Santhal Pargana. Rs. 75 per acre. (c) Waste land... Rs. 50 per acre. Class I Rs. 900 per acre. Class II Rs. 750 per acre. Class III Rs. 540 per acre. Class IV Rs. 450 per acre. Class V Rs. 360 Per acre. Class VI (a) Land growing crops other than paddy or rabbi or classed as Tarn II in Chotanagpur and Santhal Pargana. Rs. 150 per acre. (b) Land classed as Tarn III in Chotanagpur and Santhal Pargana. Rs. 75 per acre. (c) Waste land... Rs. 50 per acre.