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State of Bihar - Section

Section 19 in The Bihar Gramdan Act, 1965

19. Allotment of land and conditions thereof.

(1)A Gram Sabha may allot land from the land pool to any landless persons or a group of landless persons including a co-operative society of such landless persons registered under any law relating to co-operative societies for the time being in force, residing in the village or to any institution for the purposes determined by the Gram Sabha:Provided that lands donated by a member of the Scheduled Tribes shall be allotted to a member of the Scheduled Tribes only.
(2)Every allotment of land made under sub-section (1) shall be subject to the following conditions, namely:-
(a)the allottee shall be liable to pay annually to the Gram Sabha an amount equal to the land revenue, rent, cesses, rates and taxes payable in respect of,the land allotted to him;
(b)the allottee shall not transfer his interests in the land allotted but such interest shall be heritable;
(c)subject to the provisions of Section 23, the allottee shall not be disturbed from the possessions of such land by the Gram Sabha without his consent;
(d)the allottee shall contribute annually to the Gram Sabha 1/40th of the produce from such land or such other portion of the produce as the Gram Sabha may fix or the cash value thereof:
Provided that the allottee may surrender his interest in the land or any part thereof to the Gram Sabha for consideration:Provided further that the allottee may, with the previous permission of the Gram Sabha-
(i)exchange his interest in such land or any part thereof with any person, who has joined the Gramdan in respect of the village in which such land is situated on such terms and conditions as may be agreed upon between them;
(ii)transfer his interest in such land or any part thereof in favour of Government or a society or a Bank registered or deemed to be registered under the law governing co-operative for the time being in force or to 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 V of 1970) or to the Agriculture Refinance Corporation established under the Agriculture Refinance Corporation Act, 1963 (10 of 1963) or to a Company or Corporation owned by, or in which not less than fifty-one per cent of the share capital is held by the State Government or the Central Government or partly by the Central Government and party by the State Government, and which has been set up with a view to providing agricultural credit to cultivators.
(3)Nothing contained in this Section shall be deemed to confer on the allottee any rights which the Gram Sabha did not possess immediately before making the allotment.Explanation.-For the purpose of this section "landless persons" shall include a person who does not own or hold land in excess of such area as may be prescribed.