Section 40 in Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
40. Power to make rules.
(1)The State Government may, after previous publication, make rules, not inconsistent with this Act for carrying out the purposes of this Act.(2)In particular and without prejudice to the generality of the foregoing power, the State Government may make rules providing for all or any of the following matters:-(a)the manner of publication of notices;(b)the manner of giving notices to persons affected or interested;(c)the manner in which the Consolidation Officer shall consult the Village Advisory committee;(d)the manner in which a person may be evicted from any land;(e)the manner in which compensation recoverable from any person shall be deposited by him;(f)the guidance of the Consolidation Officer in respect of the transfer of a lease, mortgage or other encumbrance;(g)the manner in which the area and assessment (including water-rates, if any) of each reconstituted holding shall be determined;(h)the appointment of guardians of minors whose interests may be affected by consolidation proceedings;(i)the procedure to be followed in filing applications and appeals and in hearing and disposing of such applications and appeals;(j)the fees to be payable on applications and memoranda of the appeals;(k)the guidance of the Village Advisory Committee, the Consolidation Officer and other persons in all proceedings under this Act; and(l)any other matter which is to be, or may be prescribed.(3)All rules made under this section shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made, and shall be subject to such modification as the State Legislature may make during the session in which they are so laid.Notifications[No. A/T-1061/57-7747-R dated 26th September, 1957. - In exercise of the powers conferred by sub-section (3) of section 1 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) the Governor of Bihar is pleased to appoint the 15th day of September, 1957 as the date on which the said Act shall come into force in the district of Patna, Muzaffarpur, Bhagalpur and Ranchi.][No. A/T-1051/57-7445 R-dated 18/19th September, 1957. - In exercise of the powers conferred by sub-section (4) of section 2 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) the Governor of Bihar is pleased to appoint the Director of Land Records and Surveys, Bihar, to be the Director of Consolidation, Bihar, to discharge all or any of the functions of the Director Consolidation under the said Act.]No. A/T-1051/57-7446, dated 1 C/19th September, 1957. - In exercise of the powers conferred by sub-section (1) of section 34 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956), the Governor of Bihar is pleased to delegate the powers or functions of the State Government under sub-section (2), (3) and (5) of section 30 of the said Act to all the Collectors of the districts within the.local limits of their respective jurisdictions.
