Section 16 in The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958
16. [ [Substituted by S.O. 1461 dated 26.8.1976.]
(1)The manner of determining compensation under Section 19(1). - (1) If possession of any holding is to be given with standing crops and if there is no agreement in respect of such crops between the parties concerned, the Assistant Consolidation Officer shall determine the market value of such crops in consultation with the Village Advisory Committee.(2)In assessing the value of the standing crops under sub-rule (1) the Assistant Consolidation Officer shall take into account the following:-(a)the condition of the crop,(b)the estimated yield of the crop,(c)the estimated price the produce is likely to fetch at the time of harvesting in the village.(d)the amount likely to be spent on the crops from the date of transfer to the time of harvesting.(3)The appraisement mentioned in sub-rule (2) shall be made in presence of raiyats concerned unless they fail to attend despite general notice which shall be given by beat of drum in the unit.(4)Result of appraisement shall be published by the order of the Assistant Consolidation Officer in Forms XXVIII and XXIX.(5)After the statements under sub-rule (4) have become final, the Assistant Consolidation Officer shall issue certificate of award of compensation to the payers in Form XXIV.(6)In case the right to tend or gather the crops standing on such holdings or parts thereof remains with the person from whom possession is transferred, the Assistant Consolidation Officer shall in consultation with the Village Advisory Committee determine in Form XXXI the amount of compensation which may not exceed three times of the rental value of the cropped area, for the use of the land to be payable to the person to whom possession over the land is transferred. The date by which the standing crops must be harvested and removed from the plots and the date by which compensation determined must be paid, shall also be fixed by the Assistant Consolidation Officer. Extract in Form XXXI shall be served on the raiyat concerned.(7)After appeals preferred under Section 19(2) have been decided the Assistant Consolidation Officer shall issue Certificate of Awards of Compensation to its recipients in Form XXX. He shall also issue a notice in Form XXIV to the payers.(8)Valuation of trees, wells, buildings and other improvements should be done in consultation with the Village Advisory Committee and instructions given in the Land Acquisition Manual should be followed as far as possible. If the Assistant Consolidation Officer so decides he may before coming to a finding himself request the Assistant Director of Consolidation to have the value of a well and other improvement estimated by an officer of the Public Works Department. If a tree, well or other improvement is owned by more than one person, the amount of compensation which may be determined shall be apportioned among the several co-owners by the Assistant Consolidation Officer after making necessary inquiries with regard to their share. Soon after the delivery of possession the Assistant Consolidation Officer shall cause to be delivered a certificate in Form XXIV-A to the recipient compensation for trees, wells, buildings or other improvements. The certificate shall show the name of the payer, the amount of compensation and description of the property compensated. Notice of payment of compensation for trees, wells and other improvements shall also be furnished to each payer of compensation showing the name of recipients, amount of compensation awarded and the description of the property compensated.(9)The amount of compensation payable to raiyats for land contributed for the public purposes shall be paid by adjustment against the cost of consolidation as determined under Rule 22. In cases in which no cost of consolidation is payable by the raiyats or compensation exceeds cost of consolidation the excess compensation shall be paid to them in cash by the Assistant Consolidation Officer and a record of payment shall be maintained by him in Form XXXII.]
