Section 6 in Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
6. Procedure for sanction.
(1)A person intending to transfer or partition any land shall make an application for sanction under Section 5 in the prescribed form and containing the prescribed particulars together with notices of the intended transfer or partition in the prescribed form and the process fees prescribed for the service thereof on the parties named in the application as well as for affixing copies thereof on the land, in the office of the Consolidation Officer and in such other places as may be prescribed.(2)The Consolidation Officer shall fix a date for hearing and cause the notices specifying the date so fixed to be served on the parties named in the petition by registered post or in such other manner as may be prescribed and shall also cause copies of the notice to be affixed on the land and other places referred to in subsection (1).(3)On the date fixed for hearing or on any adjourned date the Consolidation Officer shall, after hearing the parties and after such enquiry as may be necessary, pass such orders as he thinks fit:Provided that the Consolidation Officer shall not refuse sanction for transfer or partition of any land, except on any one or more of the following grounds, namely-(a)the prescribed particulars have not been furnished;(b)the transfer or partition is likely to interfere with the consolidation proceedings or to create a fragment; and(c)the transfer or partition will be against any provision of this Act or any provision of the tenancy law for the time being in force in the notified area:Provided further that sanction shall not be granted for the transfer of any land to any person, if after such transfer the total area of land held by him will exceed the maximum area that may be held by such person under any law for the time being in force in the notified area.(4)[ Any person aggrieved by an order of the Consolidation Officer, under subsection (3), may within thirty days of such order, prefer an appeal to the Assistant Director of Consolidation and such appeal shall be heard and disposed of in the prescribed manner and the decision of the Assistant Director of Consolidation, therein, shall be final.] [Substituted by Bihar Act 27 of 1975.]
