PREAMBLE
In exercise of the powers
conferred by Section 28 of The Bihar Special Survey and Settlement Act, 2011,
the State Government hereby make the following Rules:-
CHAPTER I
PRELIMINARY
Rule? 1. Short title, extent and Commencement.--
(1)
These Rules may be called "The Bihar Special Survey
and Settlement Rules, 2012".
(2)
It shall extend to the whole of the State of Bihar.
(3)
It shall come into force on such date as may be notified
by the Government in the Official Gazette.
Rule? 2. Definitions.--
In these Rules, unless there
is something repugnant in the subject or context, definitions of words given in
Section 2 of Bihar Special Survey and Settlement Act, 2011 (Bihar Act 24, 2011)
shall apply to the Bihar Special Survey and Settlement Rules, 2012.
CHAPTER I
I
NOTIFICATION AND PROCLAMATION
Rule? 3. Notification.--
(1)
The State Government shall
express its intention to conduct special survey and settlement through
publication of a notification in the Official Gazette.
(2)
Copies of the notification
published under the foregoing Rule 3(1) shall also be forwarded to the
different offices of the Central/State Government to enable them to put their
claims/objections, if any, with respect to the entries during the Special
Survey and Settlement operation so that record of rights of lands held/owned by
them, are correctly prepared.
Rule? 4. Proclamation.--
(1)
The Survey and Settlement Officer
shall publish a proclamation in Form-1 addressed to the land holders/persons
having any interest in the lands of the area under Special Survey and
Settlement operation, directing them to demarcate their lands for the purpose
of pointing out boundary marks of the land parcels.
(2)
After the publication of
proclamation under foregoing Rule 4(1), the survey and settlement officer, or
any other officer/employee, acting under the authority of the Survey and
Settlement Officer shall have power to enter upon the lands under Special
Survey and Settlement, to examine and measure such lands by any method, he
deems fit and may clear the lands by cutting down or removing any trees,
jungle, standing crops or other obstructions, as may be necessary, for the
purpose of survey. However, no claim or compensation as to cost can be claimed
for the above action.
CHAPTER I
II
REORGANIZATION OF ONGOING SURVEY AND SETTLEMENT OPERATIONS
Rule? 5. Reorganization of ongoing survey and settlement operations.--
The Government may, by an
executive order, reorganize the ongoing survey and settlement operations of a
district to bring it in conformity with the provisions of the Bihar Special
Survey and Settlement Act, 2011.
CHAPTER I
V
SELF DECLARATION
Rule? 6. Self declaration by the land holder and its verification.--
(1)
After the publication of
notification under Rule 3(1) of the Bihar Special Survey and Settlement Rules
2012, the land owners/holders may submit, in duplicate, a self declaration of
lands owned/held by them in Form 2. One copy of the self declaration shall be
made over to the person concerned after initialing and putting date and serial
number by the receiving officer/employee as a token of acknowledgment of the
same.
(2)
The self declaration shall be
submitted within 30 working days from the date of publication of the
notification under Rule 3(1). However, in special circumstance the period may
be extended by 15 additional working days.
(3)
The self declaration may be
submitted before the concerned AnchalAdhikari/Assistant Settlement officer
incharge of the concerned camp.
(4)
If a self declaration is
submitted before an Assistant settlement officer, the same shall be received in
the manner prescribed in the foregoing sub-rule (1) and shall be forwarded to
the AnchalAdhikari of the concerned Anchal for its verification.
(5)
The AnchalAdhikari shall verify
the details of self declaration on the basis of revenue records such as the
last record of rights, Register- IB i.e Continuous Khatiyan, Register-2 i.e.
the tenants's ledger or any such revenue records maintained and available at
his level.
(6)
The maximum period for the
verification of self declaration shall be 15 working days from the date of the
receipt of the self declaration.
(7)
After the verification of the
self declaration, the AnchalAdhikari shall prepare the verification certificate
in Form-3 and make it available to the Assistant Settlement Officer concerned.
(8)
Any self declaration which could
not be verified by the AnchalAdhikari due to non availability of the relevant
records or due to disputes, shall be kept and maintained in a separate register
giving reasons in brief for non verification in Form 4 and the register along
with the self declarations shall be sent to the concerned Assistant Settlement
Officer.
CHAPTER V
KISTWAR
Rule? 7. Kistwar by Modern Technology.--
(1)
The Kistwar of a revenue village
shall be carried out by the preparation of map through modern technology
inclusive of base mapping, demarcation of plots as well as revenue village and
ground verification.
(2)
The revenue map shall be prepared
on different scales, keeping in view the density of plots, incorporating the
technical details, headings and any other relevant details pertaining to the
map so that any land parcel and its boundary may be clearly shown and measured.
(3)
The map, so prepared, shall be
made available to the concerned Assistant Settlement Officer for its
verification. The Amin shall verify cent - percent of the plots of the map and
the Kanoongo, Assistant Settlement Officer, Charge Officer and the Settlement
Officer shall randomly check 25%, 10% ,2% and 1 % of the plots respectively.
(4)
The verification of the map shall
be carried out by comparing it with the map of the last survey as well as by
spot verification of the areas and boundaries of the existing plots.
(5)
The verification of the map of a
revenue village shall be completed within a period not exceeding 30 working
days from the date of the receipt of the map.
(6)
The map, so prepared, after
necessary correction shall remain displayed on the notice boards of the office
of the Gram Panchayat of the concerned revenue village as well as at the camp
office for the general public.
CHAPTER V
I
KHANAPURI
Rule? 8. Constitution of Khanapuri Party.--
(1)
Revenue village wise Khanapuri
parties shall be constituted by the Settlement Officer of the concerned
district consisting of the following:-
(i)
An officer/revenue employee of
the Anchal Office concerned;
(ii)
Representative of Director, Land
Records and Survey, Bihar;
(iii)
Any other designated officer or
employee.
(2)
The constitution of the Khanapuri
party shall be published in the concerned District Gazette.
(3)
The Khanapuri party shall be
headed by an officer/employee of the kanoongo or equivalent grade.
(4)
The Khanapuri party constituted
in the aforesaid manner shall work under the supervision and control of the
Assistant Settlement Officer of the concerned area.
Rule? 9. Khanapuri Work.--
(1)
Before the initiation of
Khanapuri work of a revenue village, a terizi.e, abstract of last record of
rights and a Kheshra Register shall be prepared village wise in triplicate in
Form 5 and Form 6 respectively.
(2)
The verification certificate in
respect of the self declaration of raiyats, issued and made available to the
Assistant Settlement Officer of the concerned camp by the AncahalAdhikari
concerned, shall be re-verified with the help of Teriz, khesra register at the
camp.
(3)
The self declaration which could
not be verified by the AnchalAdhikari due to non availability of the relevant
revenue records or due to a dispute, shall be verified by the Khanapuri party
on the basis of the available records such as Teriz, khesra register etc.
(4)
The Khanapuri party shall
physically verify each plot of the concerned revenue village with the map made
available after Kistwar and shall make a note of all the changes in the
configuration of plot and also other changes, if any. If any plot differs from
the area and boundaries shown in the map, the Khanapuri Party shall ink it up
in red in the map. If any plot is found subdivided into two or more parts then
a separate "Bata Number (Division Number)" for each such part shall
be given, and in such cases sub-division of plots shall be shown in broken
lines. Accordingly, the map of the concerned revenue village shall be
altered/corrected. The Amin shall verify cent-percent plots of the revenue
village and Kanoongo, Assistant Settlement officer, Charge Officer and
Settlement Officer shall randomly verify 25%,10%,2% and 1% of the plots
respectively.
(5)
During field verification, the
Khanapuri Party shall identify and demarcate public lands, government land and
record the same in the preliminary record of rights.
(6)
After the verification, the
Khanapuri Party shall prepare raiyat wise Khanapuripurcha in Form 7 in the
light of available reference revenue records, verification certificates of self
declaration as well as actual field verification.
(7)
The KhanapuriPurcha prepared in
Form 7 shall be served to the land holders/owners including officers concerned
with Government land/public land. The Land holders/owners shall also be made
aware of the entries of the Khanapuripurcha at a convenient place and on fixed
date and time.
(8)
Khanapuripurcha prepared in Form
7 shall be served on the raiyat concerned or his near relative. However, if he
declines to receive the purcha the same will be served on him by pasting it on
the front gate of his house/wall. The person responsible for the service of the
purcha, shall, as far as possible, obtain the signatures of the panchayat
representative, village chowkidar and other local residents on the service
report and the same shall be deemed to be a proper service of the
Khanapuripurcha.
(9)
Claims/objections against the
entries of Khanapuripurcha may be filed by the land holder/owner or any person
having interest in the land including representatives of the concerned office
of the State Government/Central Government/Public Sector/ Local bodies in Form
8. and a receipt as a token of acknowledgment for the same shall be issued to
the person concerned in Form 9.
(10)
Claims/Objections of the land
holder/owner or any other person having interest in the land received at the
camp office concerned shall be maintained in a separate register in Form-10.
(11)
Private agencies may be engaged
in the preparation of Khanapuripurcha and its services. Elaborate order to that
effect shall be issued by the Director, Land Records and Survey, Bihar.
Remuneration/Rates for the private agency to carry out above works shall be
fixed by the Director, Land Records and Survey, Bihar, from time to time.
Rule? 10. Disposal of claims/objections during Khanapuri.--
(1)
The Knanoongo/Circle
Inspector/Assistant Consolidation Officer concerned shall issue separate
notices to the parties concerned for the disposal of claims /objections in Form
11 clearly mentioning therein the place, date and time of hearing besides a
brief account of the claim/objection.
(2)
The parties concerned shall be
given an opportunity of being heard and adduce evidence, if any.
(3)
Claims/objections shall be
disposed off in a summary manner by the Kanoongo/ Circle Inspector/Assistant
Consolidation Officer by passing a reasoned order, within a maximum period of
30 working days of filing of such claims/ objections. Provided that if the
claims/objections filed pertain to Government/Public Land, the same shall be
heard and disposed off by an officer not below the rank of Assistant Settlement
Officer/Circle Officer/Consolidation Officer.
(4)
If any of the parties does not
appear even after proper service of the notice, claims/ objections may be
disposed off ex-parte on the basis of available revenue records and field
verification.
CHAPTER V
II
PUBLICATION OF DRAFT
KHANAPURI
RECORD OF RIGHTS
Rule? 11. Preparation of Draft Khanapuri Record of Rights.--
(1)
After the completion of Khanapuri
work a draft of Khanapuri record of rights shall be prepared in Form 12
incorporating the orders passed with respect to the claims/objections received
during Khanapuri operations against the entries of Khanapuripurcha as welt as
the map.
(2)
The Khanapuri record of rights
including the map shall be attested by the Assistant Settlement Officer
incharge of the camp.
Rule? 12. Publication of Draft Khanapuri Record of Rights.--
(1)
The draft Khanapuri record of
rights including map prepared under Rule 11(1) and attested by the Assistant
Settlement Officer concerned under Rule 11 (2), shall be published for a
continuous period of 30 days in the following manner:-
(i)
by displaying it in the Special
Survey/Settlement camp concerned;
(ii)
by displaying it at a conspicuous
public place in the revenue village concerned;
(iii)
by displaying it on the notice
board of the office of the Gram Panchayat of the revenue village concerned;
(iv)
by displaying it on the notice
board of the Anchal Office concerned.
(2)
The draft Khanapuri record of
rights including the map published under Rule 12(1) shall remain available in
the Special Survey/Settlement camp office for the perusal of the public free of
cost.
(3)
The non final copy of the map
shall be made available to the desirousraiyats/persons having interest in the
land on payment of such fee as fixed by the Director, Land Records and Survey,
Bihar.
Rule? 13. Filing of claims/objections against the entries in the draft Record of Rights.--
(1)
Simultaneous with the publication
of draft Khanapuri record of rights under Rule 12(1) the Assistant Settlement
Officer concerned shall issue a public notice in Form 13 inviting claims/
objections, if any, with respect to the entries of draft record of rights
including the configuration of plots shown in the concerned map.
(2)
The public notice shall be
displayed by pasting it at a prominent public place of the revenue village
concerned, on the notice boards of the Gram Panchayat Office concerned and the
concerned Special Survey and Settlement camp.
(3)
The public notice shall clearly
mention that claims/objections, if any, against the entries of Draft record of
rights including the map may be filed within 30 days, from the date of the
publication of draft record of rights, free of cost.
(4)
The claims/objections against the
entries in Draft Record of Rights, including the map, may be filed in the
Special Survey and Settlement camp concerned, by a land owner/holder or any
person having interest in the land including representatives of the concerned
office of the State Government/Central Government/ Public Sector/Local bodies
in Form 14.
(5)
The claims/objections of the land
owners/holders or any other person having interest in the land received at the
Special Survey and Settlement camp shall be maintained in a separate register
in Form 15 and a receipt as a token of acknowledgement for the same shall be
issued to the person concerned in Form 16.
(6)
A separate case record for each
such claim/objection shall be opened in order of the receipt of the
claims/objections.
(7)
The Assistant Settlement Officer
shall issue separate notices to the parties concerned in Form 17, whereunder a
brief account of claims/objections mentioning therein the place, date and time
of hearing.
(8)
On the date fixed, the
claims/objections shall be heard and evidences shall be recorded. If necessary,
the Assistant Settlement Officer shall fix a date for the inspection of the
plot/plots either by himself or by any other officer/employee authorized by him
in this behalf, to ascertain the physical possession over the plot/ plots as
well as the veracity of the evidences adduced during hearing. The parties
concerned shall be informed in advance. A memo of such spot enquiry shall be
prepared and annexed with the case record.
(9)
In case any party does not appear
even after given an opportunity for appearance, of being heard and adduce
evidence, if any, claims/objections may be disposed off ex-parte on the basis
of available records, documentary evidence and spot verification, if necessary.
(10)
Claims/objections shall be
disposed off in a summary manner by the Assistant Settlement Officer/Circle
Officer/Consolidation Officer within a maximum period of 60 days from the date
of filing of the claims/objections:
Provided if
claims/objections with respect to any land during Khanapuri operations had been
disposed off by an officer not below the rank of Assistant Settlement
Officer/Circle Officer, Consolidation Officer the claims/objections with
respect to those lands shall not be disposed off by the same officer.
(11)
Private agency may be engaged for
the preparation of draft Khanapuri record of rights and draft of notices to
serve the claimants/objectors and persons having interest in the land, on
remunerations/ rates as fixed by the Director, Survey and Land Records, Bihar,
from time to time.
CHAPTER V
III
RECESS
Rule? 14. Recess.--
(1)
Orders passed with respect to
claims/objections against the draft publication of Khanapuri record of rights,
shall be complied with by making necessary additions/alterations in the draft
record of rights including the map which shall be called "Tarmim."
(2)
A detailed comparison of village
boundaries with the boundaries as shown in the last revenue village map and
orders passed at different earlier stages shall be made and the process shall
be called "Muqabla". Care shall be taken that the area of plots as
shown in the draft record of rights matches with the area shown in the map
concerned.
(3)
The area of each plot and total
area of revenue village including boundaries of the revenue village in the Last
Survey map and area of plots and total area of the revenue village and
boundaries as prepared after draft publication of record of rights shall be
thoroughly compared, checked and verified and the process shall be called
"janch". On being satisfied after janch the Assistant Settlement
Officer concerned shall pass the new area as prepared after draft publication.
(4)
After passing the area by the
Assistant Settlement Officer concerned, a new Teriz in Form 18 i.e. abstract of
the new record of rights, new plot register in Form 19 shall be prepared by Am
ins/Licensed Surveyors.
(5)
The record of rights, before its
final publication, shall be arranged according to the names of raiyats
alphabetically in Hindi and this process shall be known as "Tartib".
(6)
On the basis of the new Teriz and
plot register, copies of record of rights, shall be prepared in Form 20 for its
final publication in quadruplicate after proper checking and comparison and the
process shall be called "Safal". A copy of the Records of Rights
called "RaiyatiFard" shall be made available to the concerned
raiyats. The second copy shall be sent to the concerned AnchalAdhikari for the
preparation of Tenants Ledger Register. The third copy called "Maliki
Fard" shall be made available to the Collector of the District concerned.
The fourth copy shall remain in the custody of the Director, Land Records and
Survey for preservation and for future reference.
CHAPTER I
X
FINAL PUBLICATION OF RECORD OF RIGHTS
Rule? 15. Final Publication of Record of Rights.--
(1)
The copies of the record of
rights and maps finally prepared in Form 20, shall be finally published under
the hand and seal of the Settlement Officer of the concerned district. The same
shall be placed for public inspection from the date of final publication for a
continuous period of 30 days in the following manner.--
(i)
by displaying it in the Special
Survey/Settlement camp concerned;
(ii)
by displaying it at a conspicuous
public place of the village concerned;
(iii)
by displaying it on the notice
board of Gram Panchayat of the revenue village concerned; (iv) by displaying it
on the notice board of the Anchal Office concerned.
(2)
The government may notify an
officer not below the rank of the Deputy Collector Land Reforms for hearing and
disposal of claims/objections filed against the entries of finally published
record of rights including the map.
(3)
Any person who has an interest in
any land or a part thereof may file claims/objections within 90 days from the
date of final publication under Section 11 (1) of the Bihar Special Survey
& Settlement Act, 2011, before the notified officer concerned in Form 21.
(4)
The notified officer concerned
shall issue notices in Form 22 containing therein a brief account of
claims/objections to the parties concerned for the disposal of claims and
objections.
(5)
The place, date and time of the hearing
shall be clearly mentioned in the aforesaid notice. The parties concerned shall
be provided an opportunity for appearance, hearing and adducing evidence, if
any.
(6)
In case any of the parties does
not appear even after given an opportunity for appearance, hearing and adducing
evidence, if any, claims/objections may be disposed of exparte on the basis of
available records/documentary evidences and spot enquiry, if required.
(7)
Claims/objections shall be
disposed of in a summary manner within a maximum period of 90 days from the
receipt of the same.
Rule? 16. Presumption of final Publication and Correctness of Record of Rights.--
(1)
The State Government may, by
notification, declare, with regard to any specified area, that a record of
rights has been finally prepared and published for every village included in
such area and such notification shall be conclusive evidence of such
publication.
(2)
The record of rights finally
prepared and published under this Act, shall be presumed to have been finally
published.
(3)
Every entry in a record or rights
so published shall be evidence of the matter referred to in such entry and
shall be presumed to be correct unless it is proved by evidence to be
incorrect.
Rule? 17. Maintenance of Final Record of Rights.--
Hard and soft copies of
the final record of rights including the map shall be duly maintained and its
copies shall be made available to desirous applicants on payment of fees as
fixed from time to time, by the Director Land Records and Survey Bihar.
CHAPTER X
LICENSED SURVEYOR
Rule? 18. Grant of License to the Surveyor.--
(1)
With a view to obtaining
applications from candidates desirous of getting a license, the Director, Land
Records and Survey, Bihar shall prepare an advertisement and cause it to be
published through the website of the Department of Information and Public
Relations and the Department of Revenue and Land Reforms, Government of Bihar.
Besides other facts, age-limit, educational, technical qualifications,
experience, reservation roster, the licensed surveyors' functions and duties,
fees and remuneration and other conditions shall be incorporated in the
aforesaid advertisement.
(2)
The Director, Land Records &
Survey, Bihar shall grant license to eligible candidates and shall send the
list to District Collectors/Settlement Officers as and when required, for use
as per executive instructions to be issued in this regard.
Rule? 19. Work and Remuneration of Licensed Surveyors.--
(1)
In order to obtain the services
of the licensed surveyors, private individuals may deposit fees, as fixed from
time to time, by the Director, Land Records & Survey, Bihar along with an
application, in the revenue office concerned. Director Land Records &
Survey, Bihar will determine the amount to be deducted out of the aforesaid
fees as incidental expenses incurred in the Revenue Office concerned.
(2)
The licensed surveyors shall be
paid remuneration as fixed from time to time by the Director, Land Records
& Survey, Bihar for carrying out work assigned to them by any Government
Department, requisitioning body relating to land acquisition or any public
body, institution or authority.
(3)
In case the licensed surveyors
are assigned work pertaining to the preparation of maps/record of rights during
survey, settlement and consolidation operations or updating of the record of
rights and the like, they shall be paid remuneration as fixed by the Director,
Land Records & Survey, Bihar from time to time.
Rule? 20. Cancellation of License of a Licensed Surveyor.--
The Director, Land Records
& Survey, Bihar may cancel the license of a licensed surveyor due to any of
the following reasons:-
(a)
If he is not committed to his
work.
(b)
If he is found using intoxicating
drugs or in an inebriated condition at work place.
(c)
If he is attached to a political
party or takes part in political activities.
(d)
If he is found guilty of immoral
conduct or financial irregularity.
(e)
Any such conduct, which is
contrary to the code of conduct applicable to a public servant.
(f)
If he is found technically unfit.
Note.-The licensed
surveyor concerned shall be given an opportunity to present his case, in
accordance with the principle of natural justice, before taking a decision on
the aforesaid charges.
CHAPTER X
I
TECHNICAL GUIDELINES
Rule? 21. Preparation of Technical Guidelines.--
Director, Land Records
& Survey, Bihar, shall frame Technical Guidelines within 60 (sixty) days
from the date of notification of these Rules, for meeting any or all of the
purposes of this Act. The said Technical Guidelines shall be notified by the
administrative department. The said Technical Guidelines shall include, besides
other things, prevalent methods of Kistwar by modern technology. The said
Technical Guidelines shall also incorporate works to be done during recess.
Necessary provisions shall also be made in the said Technical Rules regarding
the maintenance/publication and making available record of rights and map of a
revenue village in digital form to interested persons under Section 14 of the
Act. Technical aspects of the work of the licensed surveyors under Section 16
of the Act shall also be incorporated in the said Technical Guidelines.