Section 30 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
30. Appeals.
- [(1) (a) An appeal shall lie from any final order passed by any officer vested with the power of the Collector under this Act other than the Collector of the district to the Collector of the district or any other officer specially authorised in this behalf by the State Government within thirty days, of such an order.(b)An appeal shall lie from any final order passed by the Collector of the district to the Commissioner of the Division within thirty days of such an order:Provided that no appeal shall lie against orders passed under Section 5 and Section 29 before the final publication of the draft statement under sub-section (1) of Section 11:Provided further that appeal against orders passed under Section 5 and Section 29 shall be filed within thirty days from the date of final publication under sub-section (1) of Section 11.] [Substituted by Act 55 of 1982.](2)[ An appeal under this Section shall be heard and disposed of in the prescribed manner.] [Substituted section (2) omitted and (3) renumbered as (2) by Act 55 of 1982.](3)[ An appeal shall be disposed of within the period of six months:Provided that if for any reason it is not disposed of within the period of six months, the reasons shall be recorded in writing by the Appellate Authority.(4)(i)The Collector of a district may initiate a fresh proceeding under the Act if, upon his own knowledge or information, he is satisfied that a land holder, in a proceeding under the Act, by fraudulently or by misrepresentation of facts or law, has managed to obtain an order from any of his subordinate authority with a view to defeat the objects of the Act or any provision there of and retains land in excess of the ceiling area.(ii)The Commissioner of a division shall exercise the similar power & authority as the collector of a district where a land holder has obtained similar order from the Collector of a district falling with his Jurisdiction under similar circumstances:Provided that before initiating such proceeding under the Act, the Collector of a district or the Commissioner of a division, as the case may be, shall issue a notice to the land holder to show cause as to why land ceiling proceeding may not be initiated on the ground mentioned in the notice:Provided further that no such proceedings shall be initiated in the cases decided by Board of Revenue or other Higher Courts.] [Added by Act No. 18 of 2016, dated 2.9.2016.]
