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State of Bihar - Section

Section 12 in The Bihar Gramdan Rules, 1966

12. Terminating the interest of Gramdan Kisan under Section 18 (1).

(1)If any Gramdan Kisan violates any of the conditions laid down in sub-section (1) of Section 18 the Gram Sabha concerned may file an application in Form XII before the Anchal Adhikari of the Anchal for terminating the interest of the Gramdan Kisan over the land and if he is in possession thereof, for his eviction therefrom.
(2)On receipt of the application, the Anchal Adhikari shall issue notices to the Gramdan Kisan and the Gram Sabha and after hearing them and after making such enquiry as he deems fit, pass necessary order on the application.
(3)If the Anchal Adhikari pass an order of eviction, he shall give possession of such lands to the Gram Sabha after ejecting the Gramdan Kisan or any other person found to be in unlawful possession thereof by use of such force for the purpose as he may consider necessary.
(4)The Anchal Adhikari may, instead of terminating the interest of the Gramdan Kisan or ordering his eviction order the Gram Sabha to take over management of such land for a period to be specified in the order.
(5)Details of all such temporarily manged lands shall be entered in a register maintained in Form No. XIII.
(6)The Anchal Adhikari may also fix a date by which the Gramdan Kisan or the person in possession of the land shall hand over management to Gram Sabha. If, the Gramdan Kisan or the person in possession of the land does not hand over management of the land by the date, the Anchal Adhikari may eject the Gramdan Kisan or the person in possession by use of such force for that purpose as he may consider necessary. The Gram Sabha shall restore the possession of the land to the Gramdan Kisan or his heir or successor-in-interest after the said period.
(7)The Gram Sabha shall cultivate the lands made over to it for management, either through its own men or through any other person. The Gram Sabha shall maintain complete accounts of the expenditure incurred and incomes derived from such lands for each quarter of the agricultural year, if the lands are cultivated by its own men; in any other case, the person entrusted with the actual cultivation of land shall maintain an account of all expenditure incurred over the cultivation of such lands and income derive therefrom, and render complete accounts to the Gram Sabha for each quarter of the agricultural year, within a month of the preceding quarter to which the accounts relates.
(8)The surplus income, if any after making deductions as mentioned in subsection (4) of Section 18, shall be paid to the Gramdan Kihan, in cash or kind, soon after the accounts as finally prepared by the Gram Sabha or rendered by the person to whom the cultivation had been entrusted.