Bare ActsThe Bihar Land Reforms Act, 1950

Section 3

Notification vesting an estate or tenure in the State

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

Notification vesting an estate or tenure in the State. - (1) The State Government may from time to time, by notification [ ], declare that the estates or tenures of a proprietor or tenure-holder, specified in the notification, have passed to and become vested in the State. [(2) The notification referred to in sub-section (1) shall be published in the Official Gazette. A copy of such notification shall be sent by registered post, with acknowledgement due, to the proprietor of the estate recorded in the general register of revenue-paying or revenue-free lands maintained under the [Land Registration Act, 1876 (Bengal Act 7 of 1876)] or in case where the estate is not entered in any such registers and in the case of tenure-holders to the proprietor of the estate or to the tenure- holder of the tenure if the Collector is in possession of a list of such proprietors or tenure-holders together with their addresses, and such posting shall be deemed to be sufficient service of the notification on such proprietor or, where such notification is sent by post to the tenure-holder, on such tenure-holder for the purposes of this Act.] (3) The publication [*] of such notification. [in the Official Gazette] shall be conclusive evidence of the notice of the declaration to such proprietors or tenure-holders whose interests are affected by the notification. [3A. Vesting of estates and tenures in the State. - (1) Without prejudice to the provision in the last preceding Section the State Government may, at any time, by notification, declare that the intermediary interests of all intermediaries in the whole of the State have passed to and become vested in the State. (2) It shall be lawful for the State Government, if it so thinks fit, to issue, from time to time, a notification of the nature mentioned in sub-section (1) in respect of the intermediary interests situate in a part of the State specified in the notification and, on the publication of such notification, all intermediary interests situate in such part of the State shall have passed to and become vested in the State. (3) The notification referred to in sub-section (1) or sub-section (2) shall be published in the Official Gazette] [3B. Provisions applicable to notifications proposed to be issued under Section 3A. - Where it is proposed to issue a notification under Section 3A in respect of all intermediary interests in the whole of the State, or in a part of the State, the following provisions shall apply, namely :- (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. (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. (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. (4) The application shall be verified and signed in the manner provided for the verification of a plaint and shall be accompanied b. - (a) Such documents relating to the intermediary interests held by the intermediary as are required by the Schedule: Provided that the Collector may dispense with the production of any document or any particulars in any statement. (b) a certificate from the intermediary that he has not concealed or withheld any material information or particulars relating to his intermediary interests; (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. (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: Provided that where the sum of such penalty exceeds five hundred rupees, the Collector shall refer the matter to the Commissioner whose orders thereon shall be final: Provided further that the Commissioner may at any time, of his own motion or on the application of any intermediary, revise any order of the Collector imposing any penalty and the order of the Commissioner on revision shall be final. (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. (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.]

Section 3 – The Bihar Land Reforms Act, 1950 | DailyLaw.ai