BIHAR TENANCY (AMENDMENT) ACT, 1964

Preamble - BIHAR TENANCY (AMENDMENT) ACT, 1964

 

THE BIHAR TENANCY (AMENDMENT) ACT, 1964

[Act No. 02 of 1965]

[03rd January, 1965]

PREAMBLE

An act to amend the bihar tenancy act, 1885

Be it enacted by the Legislature of the State of Bihar in the Fifteenth Year of the Republic of India as follows:-

Section 1 - Short title

 

This Act may be called the Bihar Tenancy (Amendment) Act, 1964.

Section 2 - Amendment of section 104G of Act VIII of 1885

 

In subsection (2) of section 104G of the Bihar Tenancy Act, 1885 (VIII of 1885) (hereinafter referred to as the said Act), for the comma occurring after the words "final publication" a colon shall be substituted, and the words, figures and letter "but not so to affect any order passed by a Civil Court under section 104H" shall be omitted.

Section 3 - Repeal of section 104H of Act VIII of 1885

 

Section 104H of the said Act shall be omitted.

Section 4 - Amendment of section 104J of Act VIII of 1885

 

In section 104J of the said Act, for the words, figures, letter and comma "Subject to the provisions of section 104H, all rent settled," the words "All rents settled" shall be substituted.

Section 5 - Amendment of section 106 of Act VIII of 1885

 

In section 106 of the said Act-

 

(a)      the first proviso shall be omitted; and

 

(b)         in the second proviso, the word "also" shall be omitted.

Section 6 - Insertion of a heading after section 108 of Act VIII of 1885

 

After section 108 of the said Act, the following heading shall be inserted, namely:-

 

"Part IV Supplemental Provisions".

Section 7 - Substitution of new section for section 109 of Act VIII of 1885

 

For section 109 of the said Act, the following section shall be substituted, namely:-

 

"109. Bar to Jurisdiction of Civil Courts

 

Subject to the provisions of section 109A, a Civil Court shall not entertain any application or suit concerning the preparation or publication of record-of-rights or settlement of rent or preparation of Settlement Rent-roll or for alteration of any entry in any such record or roll or for the determination of the incidents of any tenancy."

Section 8 - Omission of heading after section 109A of Act VIII of 1885

 

The heading "Part IV Supplemental Provisions" occurring after section 109A of the said Act shall be omitted.

Section 9 - Repeal of sections 111, 111A and 111B of Act VIII of 1885

 

Sections 111, 111A and 111B of the said Act shall be omitted.

Section 10 - Substitution of new section for section 158 of Act VIII of 1885

 

For section 158 of the said Act, the following section shall be substituted, namely:-

 

"158. Application to determine incidents of tenancy

 

(1)     The Collector or any revenue officer specially empowered by the State Government in this behalf may, on application of either the landlord or the tenant of the land, determine in the prescribed manner all or any of the following matters, namely:-

 

(a)      the situation, area and boundaries of the land;

 

(b)      the name and description of the tenant;

 

(c)      the class to which the tenant belongs, that is to say, whether he is a raiyat holding at fixed rates, occupancy raiyat, non-occupancy raiyat or under-raiyat with or without occupancy right;

 

(d)      the rent payable for the land and other incidents of the tenancy:

 

Provided that-

 

(a)      when an order has been made under section 101 directing the preparation of a record-of-rights, no such application shall be entertained until five years after the final publication of the record-of-rights;

 

(b)      in any proceeding under this section the Collector or the Revenue Officer shall not try any issue which has been, or is, directly and substantially in issue between the same parties, or between parties under whom they or any of them claim, in any suit, appeal, revision or other proceedings before any Court or before the Board of Revenue or the Collector or any Revenue Officer and has been heard and decided or is pending hearing or decision.

 

(2)         From the final order passed by the Collector or the Revenue Officer on an application filed under sub-section (1), an appeal shall lie to the prescribed authority and the decision of the prescribed authority and subject only to such decision the order of the Collector or the Revenue Officer, as the case may be, shall be final."

Section 11 - Transfer of certain suits and proceedings pending in Civil Court

 

(1)     All suits instituted and all proceedings initiated in a Civil Court concerning the preparation or publication of record-of-rights or settlement of rent or preparation of Settlement Rent-roll or for alteration of any entry in any such record or roll or for determination of the incidents of any tenancy and pending in such Court on the date of coming into force of the Bihar Tenancy (Amendment) Ordinance, 1964 (Bihar Ordinance II of 1964), which, by section 11 of the said ordinance, stand transferred to the Collector of the district in which such Court is situated, shall either be disposed of by him or be transferred to any Revenue Officer specially empowered by the State Government in this behalf, for disposal:

 

Provided that such suit or proceedings, if heard or part heard by a Civil Court and appeal against the judgment, decree or order of the Civil Court passed in such suit or proceedings, whether preferred before or after coming into force of the said ordinance, shall be disposed of as if this Act had not been passed.

 

(2)         The Collector or the Revenue Officer shall dispose of the suit or proceedings transferred to him under sub-section (1) in the prescribed manner and an appeal against his decision shall lie to the prescribed authority, and the decision of the prescribed authority and subject only to such decision the decision of the Collector or the Revenue Officer, as the case may be, shall be final.

 

Section 12 - Repeal and saving

 

(1)     The Bihar Tenancy (Amendment) Ordinance, 1964 (Bihar Ordinance No. II of 1964), is hereby repealed.

 

(2)         Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance, shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken.