BIHAR LAND MUTATION (AMENDMENT) ACT, 2017 THE BIHAR LAND MUTATION (AMENDMENT) ACT, 2017 [Act No. 22 of 2017] [30th August, 2017] An Act To Amend the Bihar Land
Mutation Act, 2011 (Bihar Act 23, 2011) Be it enacted by the
Legislature of the State of Bihar in the sixty eight year of the Republic of
India as follows:- (1)
This Act may be called The Bihar Land Mutation (Amendment) Act,
2017. (2)
It shall extend to the whole of the State of Bihar. (3)
It shall come into force at once. "The following will be
added in sub-sec (26) of section-2 as new sub-section 26(A)- "26(A) Jamabandi
Register"- Jamabandi Register is a
register of such raiyats, who own/possess land in the concerned revenue
village. In such register various details of land such as Khata, Kheshra, Area,
Boundary and land rent are entered and they cultivate such land. In lieu of
cultivation over such land, they have to pay rent as per entries in the
Jamabandi Register. Thus, Jamabandi Register is an important register depicting
exchange of land rent between Jamabandi Register Raiyat and owner (State Govt.)
of the land." (1) The
following new sub section (1A) shall be added after sub-section (1) of
Section-3 of the said Act, 2011:- "(1A) In such cases in
which mutation petition is not filed within 90 maximum days from the date of
acquiring interest over that land, delay condonation petition will be enclosed
in prescribed form with such mutation petitions mentioning the reasons of delay
in filing mutation petition. If delay condonation petition is enclosed with the
mutation petitions, the Circle Officer will decide such cases on its
merit." (2) Sub sec-2
of Sec-3 of the above Act, 2011 shall be substituted by the following:- "Any person acquiring
any interest in any holding or a part thereof by sale, gift, exchange,
partition, whether by court or otherwise, succession interstate or testamentary,
will, Land Acquired by the various departments/Boards and Corporations of the
State Government through registered deed (under conditions of perpetual lease),
settlement/transfer/assignment of public land by Competent Authority, grant of
land by the Bhoodan Yagna Samiti, conferment of tenancy rights under the Bihar
Privileged Persons' Homestead Tenancy Act, 1947, acquisition of occupancy
rights as under raiyat-under the Bihar Tenancy Act, 1885, restoration of
holding or part thereof to a former raiyat under the land Acquisition Act,
1894, Restoration of holding or part thereof to a former raiyat under the Land
Acquisition Act, 1894, The Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013) The
National Highways Act, 1956 and The Railways (Special) Act, 2008, house-sites
purchased under Policy for Purchase of Raiyati land for house-siteless
Mahadalit families 2010, restoration of holding or a part thereof to former
raiyats under the Kosi Area (Restoration of land to Raiyat) Act, 1951,
settlement of surplus and under the Bihar Land Reforms (Fixation of Ceiling
Area and Acquisition of Surplus Land) Act, 1961, an order/decree of any court
or any other means/instrument of transfer notified by the Government, may file
a petition in the prescribed manner for mutation of his name in respect of that
holding or a part thereof in the Continuous Khatian, Tenants' Ledger
Register/Jamabandi Register and Khesra Register in the office of the Circle
Officer in whose jurisdiction the holding or a part thereof is situated or in a
camp organized by the Circle Officer for the receipt of mutation petitions of
the area." (3) The
following sub sec-3 (A) shall be added after sec-3 (3) of the said Act, 2011:- "After registration of
land, the Circle Officers of those notified Anchals will take suo-motu
cognizance for Online Mutation and start mutation case record within three
working days. The Circle Officer shall issue general notice and particular
notice in prescribed form. After issuing general notice and also particular
notice, the Circle Officer shall abide by the prescribed procedure for disposal
of the mutation case records." (1)
The words and figures "Authorities, responsible for the
acquisition of land under the Land Acquisition Act, 1894, shall give notice to
this effect in the prescribed form to the Circle Officer of the area in whose
jurisdiction the land is situated." used in subsection (5) of section 4
shall be substituted by the words and figures "Authorities, responsible
for the acquisition of land under the Land Acquisition Act, 1894 The Right to
Fair Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 (RFCTLARR Act, 2013) The National Highways Act, 1956 and
The Railways (Special) Act, 2008 shall give notice to this effect in the
prescribed form to the circle officer of the area in whose jurisdiction the
land is situated." (2)
Amendment in section 4 (6) of the said Act 2011.? (1)
the words and figures "Authorities responsible for the
restoration of land to former raiyats under the Land Acquisition Act, 1894,
shall give notice to this effect in the prescribed form to the Circle Officer
of the area in whose jurisdiction the land is situated." used in
sub-section (6) of section (4) of the Act shall be substituted by the words and
figures. "Authorities responsible for the restoration of land to former
raiyats under the Land Acquisition Act, 1894 The Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(RFCTLARR Act, 2013) The National Highways Act, 1956 and The Railways (Special)
Act, 2008 shall give notice to this effect in the prescribed form to the Circle
Officer of the area in whose jurisdiction the land is situated." (1) The
following shall be added as sub-section-(C) of section-3 after section-3(1)(B)
of the said Act, 2011:- "Online mutation
applications will be received through web-site and from registration offices
after registration of land transfer deeds. On such informations, the Circle
Officers of such notified Anchals will dispose of mutation cases on the basis of
online process." (2) Sub
Section-(7) of Section-6 of the said Act shall be replaced by the following. "The Karamachari shall
alter the entries in the Continuous Khatiyan, Tenants' Ledger
Register/Jamabandi Register and Khesra Register of the Revenue Village in which
the holding or a part thereof is situated reflecting the order for alteration
given in the correction slip." (3) Sub
Section-(8) of Section-6 of the said Act shall be replaced by the following:- "On the basis of the
alteration effected in the entries of the Tenants' Ledger Register/Jamabandi
Register the Karmachari shall alter the yearly demand of rent and cess of the
concerning jamabandi."
Preamble - BIHAR LAND MUTATION (AMENDMENT) ACT, 2017PREAMBLE