Bare ActsThe BIHAR AGRICULTURE LAND (CONVERSION FOR NON-AGRICULTURE PURPOSES) ACT, 2010

Section 5

Authority Competent to order conversion of agriculture land for non- agriculture purpose

Amendment status not verified — confirm the current text below against the official source.

Authority Competent to order conversion of agriculture land for non- agriculture purpose.-- (1) The Sub Divisional Officer shall be competent to order, in respect of the land situated within his territorial jurisdiction, conversion of land use from agriculture purpose to non-agriculture purpose. 9 बहार गजट (असाधारण)] 16 अूील 2010 (2) Permission to convert may be refused by the competent authority only on the ground that adequate conversion fee has not been paid, or that the conversion is likely to cause a public nuisance, or that the landholder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3) of this Section. (3) Conditions may be imposed on conversion for the following objects, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to ensure further that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable locally. (4) If the purpose of any land has been converted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the competent authority may serve a notice on the person responsible for such contravention, directing him, to use the land for its original purpose within 6 months of the service of the notice, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. (5) If any person served with the notice under sub-section (4) fails within the period stated in the notice to take action as ordered by the competent authority under that Sub-section, the competent authority may take necessary steps so as to ensure a compliance of his order; and any cost incurred in doing so shall be recoverable from such person as if it were an arrear of land revenue. 6 Penalty for unauthorized conversion.-- (1) The competent authority may initiate proceedings either suo motu or on a report submitted by the Anchal Adhikari concerned regarding the conversion of agriculture land into non-agriculture land by a person after the commencement of this Act. On receiving such information/report, the competent authority shall start proceeding and shall issue notice to the person concerned to appear in his court and submit a show cause regarding the reported conversion of agriculture land into non-agriculture use and requiring him to pay the requisite conversion fee, along with penalty as specified in sub-section (3) of this section. (2) If the competent authority is of the opinion that any agriculture land has been put to non-agriculture use without obtaining the permission as provided for under section 3 the agriculture land shall be deemed to have been converted into non-agriculture purpose. (3) In case of such unauthorized conversion, the competent authority shall impose a penalty of 50% of the conversion fee over and above the conversion fee for the said land specified under section 4 (1) of the Act. (4) The owner or occupier of the land shall pay the conversion fees and penalty as specified in sub-section (3) within 3 months of the order in such manner as may be specified. (5) (i) The conversion fee and penalty which remain unpaid after the lapse of the period specified in sub-section (4), shall be recoverable as per the provisions of The Bihar and Orissa Public Demands Recovery Act, 1914. (ii) Necessary action will be initiated against such land-owner or occupier of land under sub-sections (4) and (5) of the Section 5 of this Act.

Section 5 – The BIHAR AGRICULTURE LAND (CONVERSION FOR NON-AGRICULTURE PURPOSES) ACT, 2010 | DailyLaw.ai