Section 3 in Bihar Agriculture Land (Conversion for Non-Agriculture Purposes) Act, 2010
3. Land use Conversion.
(1)Agriculture land in the State shall not be used for non-agriculture purpose, without the prior permission of the Competent Authority.(2)An application for such conversion of the agriculture land for non-agriculture purpose shall be made before the Competent Authority in the form prescribed along with conversion fee as specified under Section 4.(3)If the conversion fee so paid as per sub-section (2) is found to be less than the fee prescribed, a notice shall be issued by the Competent Authority to the applicant within 30 days of the receipt of the application intimating him the deficit amount.(4)The applicant shall deposit the deficit fees indicated in the notice issued under sub-section (3) within 30 days of the receipt of such notice.(5)In case the applicant does not deposit the deficit fees indicated in the subsection (3) within 30 days of the receipt of such notice, the Competent Authority shall issue a second notice to the applicant directing him therein to deposit the deficit fees within 15 days of the receipt of notice. If the applicant fails to comply with the direction, his application is liable to be rejected.(6)The conversion permission applied for shall either be issued, rejected in full or part by the Competent Authority within ninety days from the date of the receipt of the application or receipt of the deficit amount whichever is later, provided that in case such applications are rejected, the reasons for such rejection shall be recorded in writing and communicated to the applicant.In case the aforesaid conversion has been made after the coming into force of the Bihar Act 21 of 1993 and prior to the commencement of this Act, it will be incumbent on the person responsible for the conversion to apply to the Competent Authority stating therein the fact of the said conversion within a period of 6 months from the date of the commencement of this Act along with conversion fee provided in Section 4 of the Act, and alongwith an additional conversion fee of 1% of the current market value of the land concerned, failing which the Competent Authority shall proceed in accordance with Section 6 of the Act:Provided, if a conversion has been made prior to the commencement of the Bihar Act 21 of 1993 and the person concerned requires and applies for a conversion order, he may be allowed to convert, subject to the provisions of this Act and on payment of the conversion fees as specified in Section 4 (1) of this Act.(7)On receipt of the application, the Competent Authority shall proceed according to the provisions of the Act:Provided that if no order is passed on such application, within the time prescribed in sub-section (6), the applicant concerned shall intimate the Competent Authority by registered post regarding the non-receipt of the desired permission by him. On the receipt of such intimation, the Competent Authority shall grant the required permission within a fortnight of such receipt, otherwise the required permission shall be deemed to have been given:Provided further that in case the application is rejected in part or full, the conversion fee as deposited by the applicant shall be refunded to him in proportion of the land against which the permission could not be granted.Explanation. - Permission for conversion may be granted against a plot, in part or whole, which is or is to be used for non-agriculture purpose. Payment of conversion fees shall be due in proportion to such land use.
