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State of Bihar - Section

Section 17 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961

17. Penalty for contravention of the provision of Section 16.

(1)No right, title or interest shall accrue in favour of a transferee in any land in excess of his ceiling area by virtue of any transaction made in contravention of the provisions of Section 16 and as a penalty for such transaction the right, title and interest of the transferee in such excess land purported to be transferred by such transaction to him shall, on a declaration made by the Collector in this behalf for reasons to be recorded, become void with effect from the date of such declaration:Provided that-
(a)no such declaration shall be made unless the parties concerned are given a reasonable opportunity of being heard and adducing evidence;
(b)nothing in this Section shall affect the liability, if any, of the transferee for payment of the consideration for such transaction; and
(c)no suit or proceeding by the transferee shall lie in any court for recovery of the consideration for any such transaction.
(2)In all such cases of transfer, the transferor or the transferee, his assignee, or any other person in occupation of the land on his behalf, or through him, shall be liable to be ejected by the Collector who may, for that purpose, use such force as may be necessary.
(3)If the transaction is-
(a)one of sale, the land shall be liable to be forfeited to the State; and
(b)not one of sale, the land shall be restored to the transferor on such terms and conditions as may be prescribed:
Provided that the transferor and transferee shall be given a reasonable opportunity of being heard and adducing evidence before an order is made under this sub-section.