Section 38 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
38. Summary acquisition.
(1)[(i) If any person is found by the Collector, at any time after the expiry of the period prescribed under Section 15 or 18 to be in possession of any area of land in excess of the area he may hold under Section 5, the Collector shall give such person or other persons, if any, who may prefer any claim in respect of the land in question, a reasonable opportunity as may be prescribed to show cause and adduce evidence, if any, why the said excess area should not be acquired by the State Government.] [Substituted by Act 55 of 1982.](ii)If the Collector holds that there is any excess area which should be acquired, he shall give the person concerned a reasonable time to select any land of his equivalent to such excess area.(iii)If no selection is made by the said person within the time allowed by the Collector or if the selection made is not accepted by the Collector on the ground that the land is encumbered, the Collector shall determine which particular land should be declared as the excess land for the purpose of this section.(iv)The Collector shall then make an order declaring that the excess land is acquired by the State Government and on such declaration being made, the land shall be deemed to have vested in the State with effect from the date of such declaration:[Provided that such an order of the Collector shall take effect on confirmation by the Board of Revenue as provided in sub-section (2) of Section 32.] [Substituted by Act 22 of 1976.](2)Whenever any such land is acquired under this section, compensation shall be paid at half the rate admissible under sub-section (1) of Section 23 for such land.
