Section 7 in The Kosi Area (Restoration of Lands to Raiyats) Act, 1951
7. Procedure if proceedings not dropped.
(1)If the proceedings are not dropped under sub-section (2) of Section 5, the Collector shall -(a)determine the land which is liable to be restored to the raiyat under the provisions of this Act;(b)determine the amount which shall be payable by the raiyat for the restoration to him of such land;(c)specify the person to whom the amount determined under clause (b) shall be payable:Provided that where the Collector is of opinion that more than one person are entitled to the amount determined he shall also apportion the amount which shall be payable by the raiyat to each person;(d)ascertain whether the raiyat desires to deposit the amount mentioned in clause (b) in one lump sum or in instalments;(e)if the raiyat desires to deposit or pay the said amount in instalments, determine, having regard to the means and circumstances of the raiyat, the number and amount of such instalments which shall be payable within a period not exceeding five years; and(f)order that the raiyat shall be put in possession of such land, -(i)if the amount determined under clause (b) is payable in one lump sum, as soon as possible after the raiyat has deposited with the Collector such lump sum; and(ii)if the said amount is payable in instalments, as soon as possible after the raiyat has deposited with the Collector the amount of the first instalment.(2)The amount to be determined under clause (b) of sub-section (1) shall be the cost of improvements if any, effected on the holding or portion thereof which the Collector may deem fair and equitable and. -(a)where the holding or portion thereof is in possession of the landlord or any other person to whom it was sold in execution of a decree for arrears of rent -(i)in the case of an entire holding or, if only a portion of a holding was sold, in the case of the whole of such portion, a sum equal to the entire amount, if any, which the raiyat or any person having a claim against the raiyat may have withdrawn out of the proceeds of the sale of such holding or portion and the aggregate of the amount mentioned in the sale proclamation for the realisation of which the holding or portion was sold and of the amount of costs necessarily incurred by the landlord, or any person to whom it was sold, in connection with his application for delivery of possession; and(ii)in the case of a portion of a holding, if the entire holding was sold, or part of a portion, if only a portion of the holding was sold, such part of the sum mentioned in sub-clause (i) as the Collector may deem fair and equitable after considering all the circumstances of the case including the value of the entire land sold and of the portion to be restored;(b)where the holding or portion thereof is in possession of the landlord as a result of execution of a decree for ejectment under sub-section (2) of Section 66 of the Bihar Tenancy Act, 1885, a sum equal to the amount of arrears of rent with interest thereon legally recoverable on the date of the institution of the suit for ejectment and costs of the suit mentioned in the decree passed under sub-section (2) of Section 66 of the Bihar Tenancy Act, 1885;(c)where the holding or portion thereof is in possession of the landlord as a result of abandonment under Section 87 of the Bihar Tenancy Act, 1885 a sum equal to the amount of arrears of rent with interest thereon legally recoverable on the date of abandonment; and(d)where the holding or portion of such holding is in possession of any person, other than the landlord or any person to whom it was sold in execution of a decree for arrears of rent, by settlement, sale, mortgage or any other kind of transfer, a sum equal to the amount of salami, consideration money or, where there is no document of transfer or where no consideration money is mentioned in the document of transfer, any amount that the Collector may deem fair and equitable in the circumstances of the case:Provided that in the case of a settlement, sale, mortgage or any other kind of transfer made or created at any time after the 31st December, 1950, the Collector shall hear the raiyat and the parties to the transfer and make such inquiry as he thinks fit in respect of the amount of the salami or consideration money mentioned in the document of transfer and, if he is satisfied that the amount was mentioned in the document with the object of obtaining a higher amount under this clause, determine the actual amount of salami or consideration money paid under the document.(3)When the Collector passes an order under clause (f) of sub-section (1), he shall deliver possession of the land mentioned in such order :-(a)in the case mentioned in sub-clause (i) of clause (f) of sub-section (1), as soon as possible after the raiyat has deposited with the Collector the sum mentioned in the said sub-clause; and(b)in the case mentioned in sub-clause (ii) of clause (f) of the said sub-section, as soon as possible after the raiyat has deposited with the Collector the amount referred to in the said sub-clause.
