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State of Bihar - Section

Section 6 in Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010

6. Penalty for unauthorized conversion.

(1)The Competent Authority may initiate proceedings either suo motu or on a report submitted by the Anchal Adhikari concerned regarding the conversion of agriculture land into non-agriculture land by a person after the commencement of this Act. On receiving such information/report, the Competent Authority shall start proceeding and shall issue notice to the person concerned to appear in his court and submit a show cause regarding the reported conversion of agriculture land into non-agriculture use and requiring him to pay the requisite conversion fee, along with penalty as specified in sub-section (3) of this Section.
(2)If the Competent Authority is of the opinion that any agriculture land has been put to non-agriculture use without obtaining the permission as provided for under Section 3 the agriculture land shall be deemed to have been converted into non-agriculture purpose.
(3)In case of such unauthorized conversion, the Competent Authority shall impose a penalty of 50% of the conversion fee over and above the conversion fee for the said land specified under Section 4 (1) of the Act.
(4)The owner or occupier of the land shall pay the conversion fees and penalty as specified in sub-section (3) within 3 months of the order in such manner as may be specified.
(5)
(i)The conversion fee and penalty which remain unpaid after the lapse of the period specified in sub-section (4), shall be recoverable as per the provisions of The Bihar and Orissa Public Demands Recovery Act, 1914.
(ii)Necessary action will be initiated against such land-owner or occupier of land under sub-sections (4) and (5) of the Section 5 of this Act.