Section 11 in The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
11. [ Preparation of draft scheme. [Substituted by Act 27 of 1975.]
(1)As soon as may be, after the objections, if any, made under sub-section (2) of Section 10 have been disposed of, the Assistant Consolidation Officer shall visit the village concerned on a date of which previous notice shall have been given in the prescribed manner and after considering the advice of the Village Advisory Committee and such raiyats as may be available, prepare the draft scheme for consolidation of holdings in the notified area: Provided that if the Assistant Consolidation Officer does not accept the advice of the Village Advisory Committee or of the raiyats on any matter, he shall, before preparing the draft scheme refer such matter for decision to the Assistant Director of Consolidation whose order thereon shall be final.(2)The Village Advisory Committee and the Assistant Consolidation Officer shall in preparation of a scheme of consolidation, keep the following factors in view, namely:-(a)the rights and liabilities of a raiyat as recorded in the register of lands prepared under Section 9 or secured in the lands allotted to him, subject to the deductions, if any, made on account of the contribution to public purposes under this Act;(b)the valuation of plots allotted to a raiyat subject to deductions, if any, made on account of the contribution for public purposes under this Act, is equal to the valuation of the plot originally held by him:Provided that except with the permission of the Assistant Director of Consolidation, the area of the holding or holdings allotted to a raiyat shall not differ from the area of his original holding or holdings by more than 25 percent of the latter;(c)the amount determined under the provisions of this Act, or the rules framed thereunder is awarded for the following:-(i)for trees, bamboo-clumps, wells, structures and other improvements, originally held by him and allotted to another raiyat, and(ii)for land contributed by the raiyat for public purposes;(d)every raiyat is, as far as possible, allotted a compact area of the plots where he holds the largest part of his holdings:Provided that no raiyat may be allotted more chaks than three except with the approval in writing of the Deputy Director of Consolidation;(e)every raiyat is, as far as possible allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots originally held by him;(f)every raiyat is, as far as possible, allotted chaks in conformity with the process of rectangulation in rectangular units; and(g)subject to rules made in this behalf by the State Government, the lands held by an under raiyat is consolidated:Provided that the land allotted under the scheme to an under raiyat in lieu of any land held by him before the confirmation of the scheme shall form part of the new holding allotted under the scheme to the raiyat under whom the under raiyat originally held the land.(3)For the purpose of sub-section (1), it shall be lawful for the Assistant Consolidation Officer-(i)to declare that any land specifically assigned for any public purposes ceases to be so assigned and to assign any other land for such public purposes:Provided that it shall not be lawful for the Assistant Consolidation Officer to direct that any land specifically assigned for cremation ground or other religious purposes shall cease to be so assigned unless it is approved by the Village Advisory Committee;(ii)to assign additional land for public purposes; and(iii)to direct that any area out of the land set apart for public purposes shall be used for the construction of houses for landless labourers.(4)In addition to the particulars contained in the register prepared under Section 9 (which shall be attached to the scheme) the scheme shall specify-(i)the description and area of the new holdings proposed to be allotted to a raiyat and the valuation thereof;(ii)the description and area of land proposed to be set apart for extension of habitation and other public purposes;(iii)the description and area of land, if any, proposed to be set apart for the construction of houses for landless labourers;(iv)the rent payable for the existing holding;(v)the rent proposed to be fixed for the new holding;(vi)the encumbrances, if any, to any plot comprised in the existing holding of any raiyat;(viii)the encumbrances, if any, to be transferred or attached to any plot of land comprised in the holding proposed to be allotted to a raiyat;(viii)any other particulars that may be prescribed.(5)There shall be appended to the map prepared under Section 8 another map showing the position of the plots allotted to each raiyat and those reserved for public purposes after consolidation.(6)Where additional lands are allotted for public purposes such lands shall be contributed by the raiyats in proportion to the market value of their lands:Provided that no land shall be contributed under this sub-section by a raiyat who holds land equal to or less than the prescribed area.Explanation. - The State Government shall be deemed to be a raiyat in respect of the lands belonging to the State Government.]
