Section 28 in Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961
28. State Government may acquire certain portion of land from landholders holding more than one acre.
(1)The State Government may,by notification published in the Official Gazette, apply the provisions of this Chapter to such area or areas as it may specify.(2)(i)On the publication of the notification under sub-section (1), the Collector shall, by general order published in the manner prescribed in sub-section (3) of Section 6, and in such other manner, if any, as may be prescribed call upon all land-holders holding land in the said area which together with any other land held by him anywhere else in the State exceeds one acre to surrender to the State-(a)one-twentieth of the total area held by him in the area notified, if the total area held by him throughout the State exceeds one acre but does not exceed five acres;(b)one-tenth of the total area held by him in the area notified, if the total area held by him throughout the State exceeds five acres but is less than twenty acres;(c)one-sixth of the total area held by him in the area notified, if the total area held by him throughout the State is twenty acres or more; and for that purpose to submit such return within such time as may be prescribed:Provided that any area of land which the land-holder has donated to the Bhoodan Yagna Committee established under the Bihar-Bhoodan Yanga Act, 1954 (XXII of 1954) or to Acharya Vinoba Bhave for the purposes of the Bhoodan Movement on or after the twenty-fifth day of December, 1960. shall be set off towards the area which the land-holder is required to surrender to the State under the provisions of this Chapter:Provided further that the land required to be surrendered under clause (a) shall not exceed such limit as to leave less than one acre of land with the landholder, and the land required to be surrendered under clause (b) or (c) shall not exceed such limit, as to leave with the land-holder an area of land smaller than the maximum area permitted to be retained after surrender under clause (a) or (b) respectively.(ii)A land-holder holding land in the area notified and also holding land outside such area anywhere in the State shall be entitled to surrender the required area out of his land situate at any place in the State.(iii)If the land-holder is a minor or a person of unsound mind,the return required under this section shall be submitted by his guardian.(3)Where a land-holder or his guardian, as the case may be, fails to submit the return required under sub-section (2), without sufficient cause, the Collector may, after giving him a reasonable opportunity of being heard and adducing evidence, impose a fine which may extend to fifty rupees.(4)If any such land-holder or his guardian, as the case may be, fails to submit the return under sub-section (2), the Collector may obtain the necessary information through such agency as he thinks proper.(5)(i)Whenever it comes to the notice of the Collector that a land-holder holding land in excess of one acre or his guardian, as the case may be, has not submitted the return under sub-section (2) or has submitted a return containing incorrect particulars, the Collector shall cause a notice to be served on him directing him to submit the return or the correct particulars, as the case may, be, within sixty days of the service thereof.(ii)If any person fails, without sufficient cause, to submit the return in compliance with the notice served under clause (1) within the period specified in the notice or within such extended period as may be allowed by the Collector in this behalf, the Collector may, after giving the person concerned a reasonable opportunity of being heard and adducing evidence impose a fine which may extend to ten rupees for every day after the expiry of the said period or the extended period until the return is submitted:Provided that where the amount of fine exceeds five hundred rupees, the Collector shall refer the matter to the Commissioner of the division whose order thereon shall be final.(iii)The Commissioner of the division may, at any time, on his own motion or on an application made by the said person revise any order of the Collector imposing any fine and the order of the Commissioner on such revision shall be final.(6)(i)On the basis of the information given by or on behalf of the land-holder under sub-section (2), or clause (i) of sub-section (5), or the information obtained by the Collector under sub-section (4), checked in the prescribed manner, the Collector shall cause a draft statement to be published containing the area and description of the land which the land-holder has offered to surrender and such other particulars as may be prescribed.(ii)The provisions of sub-section (2) and sub-section (3) of Section 10 and Section 11 shall apply mutatis mutandis to such statement.(7)On the final publication of the statement the land specified therein as the land which the land-holder shall surrender shall be deemed to be surplus land and the provisions of Section 15 and the other provisions of this Act which apply to surplus land shall, so far as may be, apply thereto.(8)For the purpose of this section 'land' does not include home-stead, tank or any land on which any structure stands.
