BIHAR
TENANCY (AMENDMENT) ACT, 2017 THE BIHAR TENANCY
(AMENDMENT) ACT, 2017 [Act No. 24 of 2017] An Act to Amend the Bihar
Tenancy Act, 1885 Be it enacted by the Legislature of the State of Bihar in the
sixty eighth year of the republic of India as follows:- (1)
This Act may be called The
Bihar Tenancy (Amendment) Act, 2017. (2)
It shall extend to the
whole of the State of Bihar. (3)
It shall come into force
at once. Provisions mentioned in Section-118 of the Bihar Tenancy Act will
be numbered as sub-section-(1) and after that the following new
sub-sections-(2) and (3) shall be added:- "(2) Any raiyat interested in getting his raiyati land
measured by Anchal Amin will submit a petition with proof of his right over the
concerned land before the Circle Officer of the area. As and when such land
measurement petition is received in the Anchal Office, the Circle Officer will
examine the papers related to petitioner's right and title over the land and
after his satisfaction, the petitioner will be directed to deposit Amin Fee.
After deposition of Amin fee by the petitioner, the Circle Officer will fix a
date for measurement of raiyati land of the petitioner and direct the Anchal
Amin to measure petitioner's raiyati land and submit his report with map. The Anchal Amin will measure and demarcate petitioner's raiyati
land on fixed date and submit his report with map in the Anchal Office. The
Circle Officer will attach the said repot of the Anchal Amin with the concerned
measurement record and shall close further proceedings of the record. The
Circle Officer will not pass any order regarding title over the land. If Circle
Officer thinks necessary, he will inform boundary raiyats of the land about the
date and time of measurement with a direction to make their presence at the
time of measurement of the land by Anchal Amin. "(3) Appeal-Dissatisfied by the order of the Circle Officer
regarding raiyati land measurement order/measurement report of the Anchal Amin,
aggrieved person/persons will file appeal in the court of Deputy Collector Land
Reforms against the measurement/measurement report within 30 days from the date
of order of Anchal Adhikari/measurement report by Anchal Amin. The Land Reforms
Deputy Collector may condone the delay after hearing parties in filing appeals
provided he is satisfied that there are sufficient reasons for such delay.
After hearing concerned parties, the Land Reforms Deputy Collector will pass
order regarding measurement of such land by two or more Amins jointly or may
declare measurement report of the Anchal Amin as null and void. If Land Reforms
Deputy Collector is satisfied with the measurement report submitted by the
joint team of Amins, then he may declare measurement report of the Anchal Amin
as non-acceptable and pass an order to the effect that measurement report of
joint team of Amins will prevail. If Land Reforms Deputy Collector is not
satisfied with the measurement report of joint team of Amins, then he will
order for re-measurement of such land by constituting another joint team of
Amins. The following new sections 158C and 158D shall be added after
Section-158B of the said Act 1885. "158(C) Fixation of rent ? (1)
The power of fixing rent
of Belagan /Kabil Lagan land, whose rent has not been fixed during Survey and
Settlement operation period, shall vest in the Deputy Collector Land
Reforms/Sub-Divisional Officer. (2)
Sanction of rent fixation
shall not be given in such cases in which Title Suit with regard to the holding
or a part thereof is pending in the competent Court. (3)
Sanction of Rent fixation
shall also not be given of a holding or a part thereof, in which acquirer of an
interest in the holding or part thereof have not physical possession over the
holding or a part thereof. "158(D)Appeal- (1)
An appeal against the
order of the Land Reforms Deputy Collector/Sub-Divisional Officer shall lie
before the Additional Collector/Collector within 60 (sixty) days from the date
of order. (2)
The Additional
Collector/Collector may, if he is satisfied that there are sufficient reasons
for the delay, condone the delay in filing appeals. (3)
The Additional
Collector/Collector shall not pass any order modifying, altering or setting
aside the order appealed against unless a reasonable opportunity of being heard
has not given to the concerned parties. (4)
Disposal of appeal
relating to a rent fixation shall be made within 60 (sixty) working days from
the date of filing of appeal.
Preamble
- BIHAR TENANCY (AMENDMENT) ACT, 2017PREAMBLE