Keywords : Allotted Land or Settled Land, Land, Raiyat
Amendments appended: 15 of 2012, 10 of 2013
The Bihar Land Disputes Resolution Act, 2009 Preamble:- Whereas, in the State of Bihar, disputes relating to record of rights, boundaries, entries in revenue records, unlawful occupation of raiyati land and forcible dispossession of allottees and settlees of public land, generate problems and cause unnecessary harassment to bonafide allotees/settlees, raiyats or occupants; WHEREAS, such disputes with respect to raiyati land or public land allotted in favour of different classes of allottees are unnecessarily occupying major space of Civil Courts and Hon’ble High Court and which should otherwise have been resolved by the Revenue Authorities, who may be better equipped to deal with such disputes having regard to their continued presence in the field offices and their expertise in Revenue Administration, WHEREAS, in larger public interest it is deemed necessary to provide for effective and speedy mechanism to resolve such disputes which give rise to major turbulence if not addressed immediately and effectively; AND, WHEREAS, it has been found in analysis of data relating to nature of disputes that they mostly appertain to matters connected with the record of rights, partition of jamabandi, forcible dispossession of allottees / raiyats, boundary disputes etc. and in this context, the administration of the following Acts is involved: (1) The Bihar Land Reforms Act, 1950, (2) The Bihar Tenancy Act, 1885, (3) The Bihar Privileged Persons Homestead Tenancy Act, 1947, (4) The Bihar Bhoodan Yagna Act, 1954, (5) The Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961, (6) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, AND,Whereas, different forums and procedures have been provided for the resolution of disputes under the above referred Acts and it is considered expedient to provide a uniform and common forum, procedure and mechanism which would achieve the objective of effective, efficacious and speedy resolution of disputes. Be it enacted by the Legislature of the State of the Bihar in the Sixtieth year of the Republic of India as follows:- 1. Short Title, Extent and Commencement.- (1) This Act may be called The Bihar Land Disputes Resolution Act, 2009. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force from such date as notified by the Government in the Bihar Gazette. बहार गजट (असाधारण)] 8 जनवर 2010 7 2. Definitions.- In this Act, unless the context otherwise requires: (a) “Competent Authority” shall be Deputy Collector Land Reforms or any officer assigned to discharge the functions and duties of Deputy Collector Land Reforms in the Sub-division. (b) “Collector” connotes the Collector of the concerning district. (c) “Commissioner” connotes the Commissioner of the concerning Division. (d) “Land” connotes Government land, raiyati land, with structure, if any. (e) “Allotted Land or Settled Land” connotes the land which is allotted or settled or on which raiyati rights have accrued under any of the Acts mentioned in Schedule-1 to this Act. (f) “Allottee or Settlee” connotes the person with whom land has been settled by the competent authority or the person who has acquired raiyati rights over the land, under any of the Acts contained in Schedule-1 to this Act. (g) “Raiyat” connotes a raiyat as defined under the provision of the Bihar Tenancy Act, 1885. (h) “Government” means Government of Bihar. (i) “Words or expressions” not defined in this Act shall have the same meaning as assigned in the respective Acts contained in Schedule1 to this Act. 3. Overriding effect of procedure prescribed under this Act.- Notwithstanding anything contained in the following Acts, namely, (i) The Bihar Land Reforms Act, 1950 (ii) The Bihar Tenancy Act, 1885 (iii) The Bihar Privileged Persons Homestead Tenancy Act, 1947 (iv) The Bihar Bhoodan Yagna Act, 1954 (v) The Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961 (vi) The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 the procedure prescribed hereinafter, in this Act, shall be applicable for resolution of any dispute arising out of or under any of the aforesaid Acts to the extent this Act has covered such disputes and has provided forum, procedure and mechanism for their resolution. 4. Jurisdiction and authority to resolve disputes.-(1) The competent authority shall have jurisdiction and authority to hear and adjudicate, on an application or complaint or on any application referred to by a prescribed authority or officer, any issue arising out of following types of disputes:- (a) Unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him under any Act contained in Schedule-1 to this Act by issuance of any settlement document/parcha by a competent authority; (b) Restoration of possession of settled / allotted land in favour of legally entitled settlee/ allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession; (c) Threatened dispossession of a legally entitled settlee/ allottee; 8 बहार गजट (असाधारण)] 8 जनवर 2010 (d) Any of the matters enumerated in (a), (b) and (c) above appertaining to raiyati land. (e) Partition of land holding; (f) Correction of entry made in the record of rights including map/survey map. (g) Declaration of the right of a person; (h) Boundary disputes; (i) Construction of unauthorized structure; and (j) Lis pendens transfer . (2) The competent authority shall not have jurisdiction to review or reopen any finally concluded and adjudicated proceeding under any of the Acts contained in Schedule-1. The competent authority shall exercise his authority for resolving the dispute brought before him on the basis of any final order passed by any of the authorities empowered to do so in the Acts contained in Schedule-1 of this Act. (3) The competent authority shall not have jurisdiction to adjudicate any fresh rights of allottee / settlee or a raiyat which is not yet determined and is required to be determined in accordance with provisions contained in any of the Acts contained in Schedule-1: Provided that where rights of allottee / settlee or raiyat are already determined under any of the Acts contained in Schedule-1, the competent authority shall have jurisdiction to entertain cases appertaining to matters enumerated in sub-section (1). (4) Notwithstanding anything contained in sub-section (2) and (3) hereinabove, if no provision is made in any of the Acts contained in Schedule-1 for determination of rights of allottee / settlee or raiyat and claimed right is yet to be determined, it shall be open to the competent authority to finally determine such right. (5) The competent authority, wherever it appears to him that the case instituted before him involves complex question of adjudication of title, he shall close the proceeding and leave it open to parties to seek remedies before the competent Civil Court. 5. Competent authority to have powers of Civil Court.- The competent authority shall have the same powers in making enquiries under this Act, as are vested in a court under the Code of Civil Procedure, 1908 (V of 1908), in trying a suit, in respect of : (a) admission of evidence by affidavits; (b) to issue summons for ensuring the attendance of any person and examining him on oath; (c) compelling the production of documents; (d) award of cost; (e) to call for any report or order for local enquiry; and (f) to issue commission for local enquiry or order examination of witnesses. 6. State to be a necessary party in certain cases.- Notwithstanding anything contained in any provision in any law for the time being in force, in all cases of civil nature, concerning a land or a portion thereof, and in which one of the parties to the case is an allottee or settlee under Section-2 of the Act, the State shall be a necessary party. 7. Summary disposal of proceeding .- All proceedings under the Act shall be disposed off summarily in accordance with the provisions of the Act and Rules framed under the Act. 8. Protection of action taken under the Act.- (1) No suit, prosecution or other legal proceeding shall be maintained against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. बहार गजट (असाधारण)] 8 जनवर 2010 9 (2) No suit or other legal proceeding shall be maintained against the State for any damage caused, or likely to be caused, or any injury suffered or likely to be suffered by virtue of any provision of the Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder. 9. Expeditious Resolution of Disputes.- (1) The competent authority shall take all possible steps for expeditious resolution of disputes and shall ensure final adjudication within a maximum period of three months from the date of the institution of the case before him. (2) The competent authority shall not allow adjournment to the parties without sufficient cause. (3) Failure to dispose off within stipulated period without sufficient cause may call for disciplinary action against him. 10. Cognizance of cases filed under this Act.-(1) No other Court except the Courts mentioned in Schedule-2 shall take cognizance of a case filed under this Act. (2) Any proceeding lying in a court other than the ones mentioned in Schedule-1 of the Act in which the issues raised are the same as the issues in a case under this Act, shall abate. 11. Reference to Magistrate.- In course of proceeding before the competent authority if he is satisfied that any of the parties has committed a criminal act or there is likely to be breach of peace, he may refer it to the court of competent Magistrate for proceeding in accordance with provisions contained in the Criminal Procedure Code. 12. Power of Collector to exercise superintendence, supervision and control over the competent authority.- (1) The competent authority shall submit periodical report, as prescribed in the rules, every three months to the Collector furnishing informations therein regarding disputes resolved by him. (2) The Collector may call for a report from a competent authority from time to time relating to final adjudication of cases instituted before him. (3) It shall be open to the Collector to review the related functioning of the competent authority from time to time and if on review the Collector is satisfied that cases are not being disposed off expeditiously without sufficient cause he shall immediately report the matter to the Government for necessary action. 13. Procedure for resolution of disputes.- (1) Any aggrieved person may file an application or complaint before the competent authority within whose jurisdiction the disputed land or structure is situated. (2) On receipt of the application or complaint, the competent authority shall proceed to issue notice to the parties concerned allowing them a fortnight’s time from receipt of the notice to file their response and documentary evidence, if any. (3) After the response is filed by the opposite party, the competent authority may allow one week’s time to the applicant or the complainant to file his rejoinder, documentary evidence, if any, and a list of witnesses, if any, to be examined by him. (4) After completion of the pleading, the competent authority shall hear the parties and dispose off the case on the basis of pleading of the parties if no further evidence or local enquiry is needed. (5) If local enquiry is required, the competent authority may himself hold the enquiry or authorise any other public servant or Advocate to conduct the local enquiry and submit the report. The competent authority may also issue commission for local enquiry. (6) If the competent authority considers it necessary to examine witnesses then he shall afford opportunity to the parties to dispute to produce witnesses in support of the 10 बहार गजट (असाधारण)] 8 जनवर 2010 application or complaint and in rebuttal thereof. The competent authority shall ensure that witnesses are produced by the parties to the dispute without undue delay and shall also ensure that the examination of witnesses is conducted on day to day basis. (7) The competent authority, on conclusion of the hearing, perusal of report of local inquiry if any, and on examination of witnesses if any, shall finally hear the parties and pass appropriate order in accordance with law. (8) The competent authority shall follow the above procedure where he takes cognizance of cases on reference made by a prescribed authority or officer. (9) The competent authority may pass an interim order of injunction in case of threatened, unauthorised and unlawful dispossession or unauthorized and unlawful demolition of structure constructed over the land in dispute. (10) The competent authority shall dispose off cases by passing a reasoned order. (11) Detailed dispute resolution procedure shall be prescribed by the Government by making suitable rules. 14. Appeal before the Commissioner.—(1) Any party aggrieved by the order passed by the competent authority may file an appeal before the Commissioner within whose jurisdiction the order has been passed, within a period of thirty days from the date of the order. Provided that the Commissioner may receive and dispose off the appeal beyond the period of thirty days by extending it by another thirty days if he is satisfied that there was sufficient cause for not filing the appeal within thirty days. (2) On receipt of appeal, the Commissioner shall immediately cause notice to be issued to the contesting parties allowing 15 days time for appearance and submit reply to the appeal, if any. (3) The Commissioner shall thereafter proceed to hear the appeal and may pass such order allowing, modifying, reversing or affirming the order passed by the competent authority as he may deem fit in accordance with law. (4) The order passed by the Commissioner shall be final and no further appeal or revision shall lie before any other authority. 15. Execution of the order passed by the competent authority.- The competent authority shall execute the order passed by him subject to order, if any, passed in appeal. Provided that if no appeal is filed within the prescribed period he shall proceed to execute the said order either himself or authorise any other officer or employee to execute the same. 16. Attachment of standing crop over the disputed land.- (1) The competent authority may, if he is satisfied, that standing crop over the disputed land is required to be attached in the interest of justice, he may pass appropriate order and attach the standing crop over the disputed land. (2) The competent authority may order the sale of standing crop during the pendency of a proceeding before him and the sale proceeds shall be kept in Government account until disposal of the case and subsequently, the sale proceeds shall be delivered to the parties in terms of order passed by him, subject to order, if any, passed in appeal. 17. Power of the Government to make rules.- (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of the Act. (2) In particular and without prejudice to the generality of the foregoing powers the rules may provide for all or any of the following matters, namely:- (i) the manner in which summary disposal of proceeding; (ii) the manner in which reports and returns are to be submitted by the competent authority; बहार गजट (असाधारण)] 8 जनवर 2010 11 (iii) the manner in which applications shall be heard by the competent authority; (iv) the manner in which any amount shall be deposited in the Government account; (v) the powers of the Commission appointed for local enquiry; (vi) the maintenance of records and registers and display of notices; (vii) the manner in which application or complaint shall be filed; (viii) any other matter which is required to be, or may be, prescribed. Schedule-1 1. The Bihar Land Reforms Act, 1950 2. The Bihar Tenancy Act, 1885 3. The Bihar Privileged Persons Homestead Tenancy Act, 1947 4. The Bihar Bhoodan Yagna Act, 1954 5. The Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961 6. The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 Schedule-2 ——— अधी+क, सिचवालय मुिणालय, बहार, पटना ारा ूकािशत एवं मु1ित। बहार गजट (असाधारण) 32-571+400-ड0ट0पी0। Website: http://egazette.bih.nic.in S. No. Court of Original Jurisdiction Court of Appeal 1 2 3 1 Deputy Collector Land Reforms Commissioner िनबंधन सं या पी0ट0-40 बहार गजट असाधारण अंक बहार सरकार ारा ूकािशत 8भाि1934(श0) (सं0पटना 443) पटना,वृहः पितवार,30अगः त2012 fof/k foHkkx &&&&&&&&& vf/klwpuk,a 30 vxLr 2012 la0 ,y0th0&1&10@2012@yst% 377—fcgkj fo/kku eaMy }kjk ;Fkkikfjr fuEufyf[kr vf/kfu;e] ftlij egkefge jkT;iky fnuk ad 27 vxLr] 2012 dk s vuqefr n s p qdsa g Sa] blds }kjk lo Z&lk/kkj.k dh lwpuk ds fy;s i zdkf’kr fd;k tkrk g SA fcgkj&jkT;iky ds vkn s’k ls] fouksn dqekj flUgk] ljdkj ds lfpoA 2 बहार गजट (असाधारण), 30 अगः त 2012 [fcgkj vf/kfu;e 15] 2012] fcgkj Hkwfe fookn fujkdj.k ¼la’kks/ku½ vf/kfu;e] 2012 fcgkj Hkwfe fookn fujkdj.k vf/kfu;e] 2009 dk la’kks/ku djus ds fy, vf/kfu;eA Hkkjr x.kjkT; d s frjlBosa o”k Z esa fcgkj jkT; fo/kku eaMy }kjk fuEufyf[kr :i esa ;g vf/kfu;fer gk s%& 1- laf{kIr uke] foLrkj vkSj izkjEHkA&¼1½ ;g vf/kfu;e fcgkj Hk wfe fookn fujkdj.k ¼l a’kks/ku½ vf/kfu;e] 2012 dgk tk ldsxkA ¼2½ bldk foLrkj lEiw.k Z fcgkj jkT; 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uk sfVl fuxZr djsxkA ¼x½ [k.M ¼[k½ ds v/khu dh uk sfVl ls 15 fnuksa dh vof/k lekIr gksus d s mijkUr] lajpuk ugha gVk, tkus d s n’kk esa] l{ke i zkf/kdkj tSlk mfpr le>s] l ajpuk dks ifjc) djsxk vFkok gVk nsxk] ijUrq gVk, tkus d s ekeys esa] gVkus dk [kpZ ml O;fDr ls olwy fd;k tk;sxk ftld s fo:) fcgkj ,oa mM +hlk yksd ek¡x ol wyh vf/kfu;e] 1914 ds i zko/kkuksa d s v/khu uksfVl fuxZr fd;k x;k gksA** fcgkj&jkT;iky ds vkn s’k ls] fouksn dqekj flUgk] ljdkj ds lfpoA 30 vxLr 2012 la0 ,y0th0&1&10@2012@378@y st%—fcgkj fo/kku eaMy }kjk ;Fkkikfjr vkSj egkefge jkT;iky }kjk fnukad 27 vxLr] 2012 dks vuqer fcgkj Hkwfe fookn fujkdj.k ¼la’kks/ku½ vf/kfu;e] 2012 dk fuEufyf[kr v ax zsth vu qokn fcgkj&jkT;iky ds i zkf/kdkj ls blds }kjk i zdkf’kr fd;k tkrk gS] ftls Hkkjrh; lafo/kku ds vu qPNsn&348 ds [k aM¼3½ ds v/khu mDr vf/kfu;e dk vaxzsth Hkk”kk e sa izkf/kd`r ikB le>k tk;sxkA fcgkj&jkT;iky ds vkn s’k ls] fouksn dqekj flUgk] ljdkj ds lfpoA [Bihar Act 15, 2012] The Bihar Land Disputes Resolution (Amendment) Act, 2012 AN ACT TO AMEND THE BIHAR LAND DISPUTES RESOLUTION ACT, 2009 Be it enacted by the Legislature of the State of Bihar in the sixty third year of Republic of India as follows:- 1. Short title, extent and commencement.—(1) This Act may be called The Bihar Land Disputes Resolution (Amendment) Act, 2012. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force at once. 4 बहार गजट (असाधारण), 30 अगः त 2012 2. Amendment of Section-15 of The Bihar Land Disputes Resolution Act, 2009.—(1) After the title of Section-15 “Execution of the order passed by the competent authority” the existing provision shall be numbered as sub-section “(1)”. (2) After the existing provision of Section-15, the following new Sub-Sections (2), (3), (4), (5), (6) and (7) shall be added:- “(2) In case of unauthorized and unlawful dispossession of any settlee/allottee under any Act contained in the schedule-1 of the Act or of any owner of raiyati land, the Competent Authority shall execute his order passed under this Act by deputing a Revenue Officer under his jurisdiction and directing the Officer-In-charge of the concerned police station to depute a police officer with adequate police force. (3) In case there is sufficient apprehension that the settlee/allottee of any land under any Act contained in schedule-1 of the Act or owner of any raiyati land may be dispossessed of his land, the Competent Authority may pass an appropriate order and shall execute his order by requesting the concerned Sub-Divisional Magistrate/Executive Magistrate/OfficerIn-Charge of the concerned police station to take preventive actions under the relevant sections of Criminal Procedure Code. (4) In case of partition of land holding, the Competent Authority shall execute his order passed under this Act by getting the land measured and demarcated by Amin as per his order under prior intimation in prescribed form about the date and time of measurement and demarcation to co-sharers and by getting the Takhtabandi (apportionment of the specific shares of the co-sharers) of the co-sharers prepared. The Competent Authority shall invite objections from co-sharers against the Takhtabandi and upon hearing of the objections shall finalise the Takhtabandi and shall deliver possession of land to co-sharers in accordance with their Takhta (specific share). In case, it is not possible to measure or demarcate the land or to deliver the possession without the use of force then he shall depute a Revenue Officer under his jurisdiction and direct the Officer-In-charge of the concerned police station to depute a police officer with adequate police force and get his order executed. (5) In case of declaration of right of a person with respect to any land, the Competent Authority shall execute his order passed under this Act by directing the revenue authorities concerned to make necessary amendment in revenue records concerned including inter alia the continuous record of rights, tenants ledger register and khesra register reflecting the right of the person as per his order. (6) In case of boundary dispute, the Competent Authority may execute his order passed under this Act, by getting the boundaries of the concerned plot or a part thereof measured and demarcated by Amin, as per his order, with prior intimation in prescribed form to all land holders having common boundaries, by way of notice indicating date and time of measurement and demarcation, but in case it is not possible without the use of force then he shall depute a Revenue Officer under his jurisdiction and direct the Officer-Incharge of the concerned police station to depute a police officer with adequate police force and get his order executed. (7) (a) In case of unauthorized structure, the Competent Authority shall execute his order passed under this Act by directing the person responsible for such unauthorized structure through a notice in prescribed form to remove such structure within 30 days of the receipt of the order. (b) In case the person against whom a notice is made under Clause-(a) fails to remove the structure after the lapse of the 30 days period of notice, the Competent Authority shall issue a second notice in prescribed form directing him to remove such a structure within 15 days of the receipt of the notice बहार गजट (असाधारण), 30 अगः त 2012 5 failing which the structure shall be impounded or the structure shall be removed at his cost. (c) In case the structure is not removed after the lapse of 15 days period of the notice under the Clause-(b), the Competent Authority shall impound the structure or remove it as he deems fit but in case of removal, the cost of the removal shall be realized from the person against whom the notice has been issued under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914.” By order of the Governor of Bihar, VINOD KUMAR SINHA, Secretary to Government. ————— अधी+क, सिचवालय मुिणालय, बहार, पटना ारा ूकािशत एवं मु1ित। बहार गजट (असाधारण) 443-571+400-ड0ट0पी0। Website: http://egazette.bih.nic.in िनबंधन सं या पी0ट0-40 बहार गजट असाधारण अंक बहार सरकार A बहार गजट (असाधारण), 28 अग त 2015 3 The Bihar Land disputes Resolution (Amendment) Act, 2015 [Bihar Act 18,2015] AN ACT to amend the Bihar Land Disputes Resolution Act, 2009 (Bihar Act 4, 2010) Be it enacted by the Legislature of the State of Bihar in the sixty sixth year of the Republic of India as follows:- 1. Short title extent and commencement–(1) This Act may be called The Bihar Land Disputes Resolution (Amendment) Act 2015 (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force at once. 2. Amendment of Section 2 of the Bihar Act 4, 2010.-(1)The following words shall be inserted before the words “under the Acts mentioned under schedule-1 of the Act.” and after the words “raiyati rights have accrued” used in sub-section (e) of section 2 of the said Act:- “Or under any Act or policy of the State or Central Government providing for settlement of government land to the persons of any specified category.” (2) The following words shall be inserted before the words “under the Acts mentioned under schedule-1 of the Act.” and after the words “raiyati rights have accrued” used in sub-section (f) of section 2 of the said Act. :- “Or under any act or policy of the State or Central Government providing for settlement of government land to the persons of any specified category.” 3. Amendment of Section 4 of The Bihar Act 4, 2010.–The following words shall be inserted before the words “under any of the Acts contained in schedule-1 to this Act” and after the words “with any by the competent authority” used in sub-section (1) (a) of section 4 of the said Act, 2009 :- “Or under any Act or policy of the State or Central government providing for settlement of Government land to the persons of any specified category.” 4. Addition of Section 15A in the Bihar Act 4, 2010.-The following new section 15A shall be added after Section 15 of the said Act, 2009:- “15 A (1). Punishment for obstruction in execution or willful disobedience or noncompliance of the final order. – Whoever obstructs, disobeys or fails to comply with the directions and findings contained in the final order passed under the Act shall be punishable 4 ॢबहर गजट [सधरण 28 अग त 2015 with imprisonment for a term which may extend up to three years, and shall also be liable to fine up to five thousand rupees. (2) In case of such person having been previously convicted of an offence under this section, shall be punishable with imprisonment for a term which may extend to five years, and with fine which may extend to ten thousand rupees. (3) Not withstanding anything contained in the code of Criminal Procedure 1973, the aforesaid offence shall be deemed to be a cognizable and non-bailable offence within the meaning of the said Code. (4) The incidence of the aforesaid offence shall be reported in accordance with the provision contained in the said Code by the competent authority or by the victim with the approval of the competent authority.’’ By order of the Governor of Bihar, MANOJ KUMAR, Joint Secretary to Government. ———— [ध¡क स०चवलय म१णलय ॢबहर पटन हर क०शत eव # म१ॢत? ॢबहर गजट [सधरण 9%2’5)1+400’ड-ट.-प-? Website: http://egazette.bih.nic.in
