Section 27 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
27. [ Disposal of surplus land. [Substituted by Act 1 of 1973.]
(1)Subject to the other provisions of this Act, [Fifty (50) per cent of the land] [Substituted by Act 22 of 1976.] acquired or deemed to be acquired by the State Government under this Act may, subject to Rules made in this behalf be settled by the Collector-(i)with landless persons belonging to the Scheduled Castes, Scheduled Tribes or Backward Classes mentioned in Government of Bihar Revenue Department Notification No. A/T-1015/55-1091-R, dated the 7th February, 1956 and no. A/T-3043/61-4523-R, dated the 23rd June, 1962, published in Bihar Gazette, dated the 22nd February, 1956 and 18th July, 1962, respectively, of the village in which the land is situated;(ii)with persons belonging to the Scheduled Castes, Scheduled Tribes or Backward Classes mentioned in the notification referred to in clause (1), of the village in which the land is situated and not having more than one acre of Class III land or its equivalent in area;(iii)with other landless persons of the village in which the land is situate;(iv)with other persons of the village in which the land is situated having not more than one acre of Class I land or equivalent area;(v)with persons serving in the Army, Navy or Air Force of the Union of India, or with families of such persons killed in action.(vi)with ex-servicemen of Army, Navy or Air Force of the Union of India, who are resident of the village in which the land is situated;Provided that if, the village in which the land is situated is uninhabited, the land shall be settled with the aforesaid categories of persons of an adjoining village;Provided further that in the district of Santhal Parganas the Collector shall, while making such settlement, follow the principles prescribed for settlement of waste land or vacant land under Section 28 of the Santhal Parganas Tenancy (Supplementary) (Provisions) Act, 1949 (Bihar Act XIV of 1949):Provided also that the land acquired or deemed to be acquired from sugar factories,to which the provisions of sub-clause (i) of clause (a) of sub-section (2) of Section 29 are applicable may be managed by the State Government directly or in such other manner as may be prescribed;] [Added by Act No. 6 of 2019, dated 25.2.2019.](vii)[ the residue of such land as is left out after settlement with the categories of persons mentioned in clauses (i) to (vi) with persons belonging to Scheduled Castes, Scheduled Tribes or Backward Classes among the repatriates of Bihar origin from Burma.] [Inserted by Act 22 of 1976.](1a)[ The remaining fifty (50) per cent of the land acquired or deemed to be acquired by the State Government under this Act shall, subject to Rules made under this behalf, be settled by the Collector with women belonging to categories mentioned in sub clause (i), (ii), (iii), (iv) of sub-section (1) of Section 27,] [Inserted vide section 2 of Amendment Act 11 of 2009.](2)All arrears of rent in respect of the land so vested and due by the landholder for any period prior to the date on which the land-holders is, in consequence of such vesting divested of his possession by an order of the Collector under this Act, shall continue to be recoverable from such land-holder and may without prejudice to any other mode of recovery, be realised by deducting the amount from the compensation payable under this Act to such land-holder.(2a)[ The State Government may, if it considers necessary, set apart such surplus land or portion thereof as is acquired under Section 15 or Section 15-A, if such surplus land or portion thereof is required for purposes connected with, or anciliary to, the scheme of agrarian reforms including the improvement of rural economy or promotion of rural welfare or any other public purpose and the same, shall not be used for agricultural purposes.] [Substituted by Act 7 of 1978.](3)[ The land settled by the Collector under sub-section (1) shall be heritable but shall not be transferable:Provided that the settlee may enter into a simple mortgage in respect of the land with a society or bank registered or deemed to be registered under the Bihar and Orissa Co-operative Societies Act, 1935 (B & O Act VI of 1935) or with the State Bank of India or a bank specified in Column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act 5 of 1970) or with a Company or a Corporation owned by or in which not less than fifty-one percent of share capital is held by the State Government or the Central Government or partly by the State Government and partly by the Central Government, for raising loan for agricultural purposes.] [Sub-section (3) omitted and sub-section (4) re-numbered as sub-section (3) by Act 55 of 1982.]
