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State of Bihar - Section

Section 51 in The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963

51. Decision of a dispute for which no specific provision in the Act has been made (Section 37).

(1)If any dispute arises under the Act or the rules made thereunder for which no specific provision has been made in the Act, the dispute shall be decided by the Collector in the following manner:
(i)He shall serve a notice on the party or parties concerned calling upon them to appear before him either by themselves or through an agent duly authorised by them in this behalf in this Court at a time and on a date specified in a notice and to file a written statement, if any, on the point or points arising in the matter relating to the dispute and after giving them a reasonable opportunity of being heard, and adducing evidence, if any, shall decide the dispute, by an order in writing, together with his reason thereof.
(ii)If the party or parties fail to appear either by themselves or through their duly authorised agents on the date specified in the notice, or on extended date he may proceed to decide the dispute ex-parte.
(2)The Collector may require the parties concerned or their agent to produce such documents or to furnish by affidavit or otherwise, such information relating to the subject matter in dispute and either himself hold or get through any officer subordinate to him such enquiry held as he may consider necessary.
(3)If the Collector finds that he has no jurisdiction under the Act, to decide the dispute he shall for reasons to be recorded in writing refer the parties concerned to the proper Court, who may have jurisdiction to decide the dispute.