Section 9 in The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963
9. Declaration of the land exempted from the operation of Section 5.
- [(1) After the information given by or on behalf of the land-holder under Sections 6, 8 or 9, or the information obtained under Section 7 has been checked and verified in the manner prescribed in Rule 8, the Collector shall, after giving the parties a reasonable opportunity of being heard and adducing evidence hold enquiry regarding the land in respect of which exemption from the operation of Section 5 have been claimed under items (i), (iv), (v), (vi), (vii) or (viii) of clause (b) of sub-section (1) or under item (i) or (ii) of clause (a) of sub-section (2) of Section 29 and thereupon-] [Substituted by G.S.R. No. 5 dated 11.1.1981.](i)in respect of exemption claimed under items (i), (vii) or (viii) of clause (b) of sub-section (i) of Section 29, pass necessary orders, declaring the area and description of the land exempted under one or more of the said items;(ii)in respect of exemptions claimed under items (iv), (v) and (vi) of clause (b) of sub-section (1) or item (i) or (ii) of clause (a) of subsection (1) or item (i) or (ii) of clause (a) of sub-section (2) of Section 29 forward the evidence, if any, adduced before him and his enquiry report together with his recommendations in this regard to the Collector of the district who shall, after perusing the same and after giving the parties concerned a reasonable opportunity of being heard-(a)determine the area and description of the land which should be exempted under item (ii) of clause (a) of sub-section (2) of Section 29 and forward his recommendation in this regard to State Government;(b)forward his recommendation to the State Government in respect of exemption claimed under items (iv), (v) or (vi) of clause (b) of sub-section (1) or item (i) of clause (a) of sub-section (2) or Section 29:Provided that in respect of item (i) of sub-section (2) of Section 29 of the Act Collector shall not recommend exemption at the rate exceeding one acre for every ten thousand quintals or part thereof the annual requirement of sugarcane of the factory concerned as determined by the Cane Commissioner under the Bihar Sugarcane (Regulation of Supply and Purchase) Act, 1969 (Act VII of 1969) subject to maximum of one hundred acres.(2)While forwarding his recommendations to the State Government, the Collector of the district shall also send the evidence, if any, adduced before the Collector and the enquiry report and the recommendation of the Collector.(3)[ On receipt of the recommendation from Collector of the district and the papers mentioned in sub-rule (2), and after considering the same, the State Government shall issue the necessary notification specifying the area and the description of the land exempted from the operation of Section 5 under items (iv), (v) or [(vi) of clause (b) of sub-section (1) or under item (i) or (ii) of clause (a) of subsection (2) of Section 29, and the period for which such exemption shall continue.] [Substituted by G.S.R. No. 46, dated 17.4.1972.]
