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[Cites 0, Cited by 0] [Section 11] [Entire Act]

State of Bihar - Subsection

Section 11(2) in The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956

(2)The Village Advisory Committee and the Assistant Consolidation Officer shall in preparation of a scheme of consolidation, keep the following factors in view, namely:-
(a)the rights and liabilities of a raiyat as recorded in the register of lands prepared under Section 9 or secured in the lands allotted to him, subject to the deductions, if any, made on account of the contribution to public purposes under this Act;
(b)the valuation of plots allotted to a raiyat subject to deductions, if any, made on account of the contribution for public purposes under this Act, is equal to the valuation of the plot originally held by him:
Provided that except with the permission of the Assistant Director of Consolidation, the area of the holding or holdings allotted to a raiyat shall not differ from the area of his original holding or holdings by more than 25 percent of the latter;
(c)the amount determined under the provisions of this Act, or the rules framed thereunder is awarded for the following:-
(i)for trees, bamboo-clumps, wells, structures and other improvements, originally held by him and allotted to another raiyat, and
(ii)for land contributed by the raiyat for public purposes;
(d)every raiyat is, as far as possible, allotted a compact area of the plots where he holds the largest part of his holdings:
Provided that no raiyat may be allotted more chaks than three except with the approval in writing of the Deputy Director of Consolidation;
(e)every raiyat is, as far as possible allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots originally held by him;
(f)every raiyat is, as far as possible, allotted chaks in conformity with the process of rectangulation in rectangular units; and
(g)subject to rules made in this behalf by the State Government, the lands held by an under raiyat is consolidated:
Provided that the land allotted under the scheme to an under raiyat in lieu of any land held by him before the confirmation of the scheme shall form part of the new holding allotted under the scheme to the raiyat under whom the under raiyat originally held the land.