Section 34 in Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1981
34. Survey of sugarcane area.
(1)The State Government when it considers it expedient may, by notification in the official Gazette, order a survey to be made of sugarcane grown in any area and of any area fit for cultivation of sugarcane and recover the cost of such survey from the factory or factories to which the cane of such area is supplied.(2)Every such survey shall be made by an officer appointed by the State Government in this behalf.(3)After issue of the notification under sub-section (1), it shall be lawful for an officer appointed under sub-section (2) and for persons required by him to assist, him in the discharge of him duties.-(i)to enter upon and survey and take levels of any land in such locality and to do all things and make all enquiries necessary for effecting the survey and demarcation of the boundaries thereof;(ii)to dig or bore into the sub-soil;(iii)to make levels boundaries, and lines by placing marks and cutting trenches; and(iv)Where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle.(4)A person appointed under sub-section (2) of section 12 to assist the Cane Commissioner, of a Cane Officer, may exercise all or any of the powers enumerated in sub-section (3) within such local limits as may be notified in the official Gazette.(5)An officer appointed under sub-section (2) or referred to under sub-section (4) shall pay or tender payment for any damage done to any property in course of making the survey and in case of dispute as to the sufficiency of the amount as paid or tendered, he shall at once refer the dispute to the Collector who may, after giving the parties reasonable opportunity of being heard and after such enquiry as he may consider necessary, pass such order as he thinks fit.(6)The order of the Collector under sub-section (5) and subject to such order, the order of the officer appointed under sub-section (2) or referred to in sub-section (4) shall be final.(7)Every person owing or occupying land in any area in respect of which a survey is being made under sub-section (1) shall render to the officer making such survey such assistance; and officer him such facilities as may be prescribed.(8)Any amount due from the factory or factories under sub-section (1) shall be recoverable as a public demand as an arrear of land revenue.(9)The records of any survey under this section shall not be admissible as evidence in any proceedings in a civil or revenue court.
