Land use conversion

(1) No agriculture land shall be used for non-agriculture purposes without the prior permission of the Competent Authority. (2) Application for such conversion of agriculture land for non-agriculture purposes shall be made in the prescribed form along with the conversion fee specified under Section 4. (3) If the conversion fee paid as per sub-section (2) is found less than the prescribed fee, then within 30 days of the receipt of the application, information regarding the shortfall in the fee shall be given to the applicant by the Competent Authority by sending a notice. (4) The applicant shall deposit the differential fee specified in the notice issued under sub-section (3) within 30 days of the receipt of the notice. (5) If the applicant does not deposit the differential fee mentioned in the notice issued under sub-section (3) within 30 days of the receipt of such notice, then the Competent Authority shall issue a second notice to the applicant directing him to deposit the differential fee within 15 days of the receipt of the notice. If the applicant fails to comply with the direction, then his application shall be rejected. (6) The permission applied for conversion shall be issued or rejected, fully or partly, by the Competent Authority within 90 days from the date of receipt of the application or the date of receipt of the differential amount, whichever is later; provided that in case of rejection of such applications, the reasons for rejection shall be recorded in writing and informed to the applicant. If the said conversion had been done after the commencement of the Bihar Act 21, 1993 but before the commencement of this Act, then it shall be mandatory for the person liable for conversion to submit an application before the Competent Authority within 6 months from the date of commencement of this Act, mentioning the fact of the said conversion, along with the conversion fee provided in Section 4 of this Act and an additional conversion fee of 1 percent of the current market value of the related land, failing which the Competent Authority shall take action as per Section 6 of this Act: Provided that, if any conversion has been done before the commencement of the Bihar Act 21, 1993 and the concerned person requires the conversion order and applies for this, then permission for conversion can be given upon payment of the conversion fee specified in Section 4(1) of this Act. (7) Upon receipt of the application, the Competent Authority shall take action under the provisions of this Act: Provided that if no order is passed on such application within the time prescribed under sub-section (6), then the concerned applicant shall send information of non-receipt of the required permission to the Competent Authority via registered post. Upon receipt of such information, the Competent Authority shall grant the required permission within a fortnight of the receipt of the information, otherwise the required permission shall be deemed to have been granted. Provided further that if the application is fully or partly rejected, then the conversion fee deposited by the applicant shall be returned in that proportion for which permission could not be granted. Explanation: Permission for conversion can be granted against a part or whole of a land plot which is being or is to be used for non-agriculture purposes. Conversion fee shall be payable in proportion to the use of such land. (5) In case the applicant does not deposit the deficit fees indicated in the sub-section (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.