Rules Under Bihar Tenancy

CHAPTER I

GENERAL.

Rule - 1. Regard to be had to instructions of Board of Revenue.--

In carrying out the following rules, Revenue-officers shall have regard to the instructions of the Board of Revenue for the guidance of Revenue-officers, so far as such instructions are consistent with the rules herein prescribed under Act VIII of 1885.

Rule - 2. Supervision and control by Board of Revenue.--

Except where otherwise provided for by law or by these rules, all proceedings and orders of Revenue-officers, passed in the discharge of any duty imposed upon them by or under this Act, shall be subject to the supervision and control of Board of Revenue, and the proceedings and orders of each Revenue-officers to whom he may be declared by the Board of Revenue to be, for the purpose of the Act, subordinate.

Rule - 3. Service of notice where mode not prescribed by the Act or these Rules.--

Where no other mode of service of notice is prescribed by the Bihar Tenancy Act or by these Rules, service shall be effected in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure, if the notice is addressed to one or more persons occupying or owning the same holding or tenure; and, if it is addressed to a number of persons occupying or owning different holdings in the same village, the notice shall be served in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure, or by proclamation and beat of drum, and by posting it, in the presence of not less than two persons, on some conspicuous place in village, and also by fixing it up in the village office, if any where the rent is usually paid.

CHAPTER II

STAPLE FOOD CROPS AND PRICE-LISTS.

Rule - 4. Local area -- Section 39 (1).--

The local areas under sub-section (1) of section 39 shall be those entered in Schedule II annexed to these rules, and the mart specified in the same schedule for each local area shall be that at which price shall be recorded.

Rule - 5. Specification of food-crops by Collector for each local area --Section (7).--

The Collector, after such enquiry into the relative extent to which particular food-crops are grown in his district, as he may think necessary shall cause a notice to be affixed in his office, and in the sub divisional office, specifying the food-crop or food-crops which in his opinion is or are most extensively grown in each local area. The notice shall distinguish, as far as may be practicable, between crops grown on high lands and crops grown on low lands and shall fix a day, not being later than fifteen days, after the publication of such notice, on which objections will be taken into consideration.

On the day so fixed the Collector shall take into his consideration the objections, if any, to the enumeration of staple food-crops proposed in the notice; and shall report his opinion thereof to the Board of Revenue.

The Board of Revenue shall submit the Collector's opinion to the State Government, with such remarks as may seem to them necessary.

Until further orders the crops shown in column 3 of Schedule II hereto appended shall be deemed staple food-crops for the purposes of section 38.

Rule - 6. Dates for preparation of price-lists.--

Price lists of staple food-crops shall be prepared on one market-day in the month at intervals of not less than twenty days. This market-day shall be selected by the Collector, subject to the control of the Board of Revenue.

Rule - 7. Method of determining prices.--

The price recorded for each staple food-crop shall be the prevailing retail price at which that crop was actually sold in the mart to which the price-list refers on the day selected under the last preceding rule.

Rule - 8. Price-list--by whom to be prepared.--

(1)     Price-list shall ordinarily be, prepared by a gazetted officer not below the rank of a Sub-Deputy Collector. But in special cases where a Sub-Deputy Collector is not available the Collector may authorise a Kanungo to prepare the lists.

(2)     Where prices are recorded at marts, other than those at the headquarters, district, the Collector may, with the sanction of the Commissioner, authorise a Sub-Registrar to prepare the lists on days when no gazetted officer or Kanungo is available.

(3)     One or two respectable inhabitants of the locality shall always be asked to assist in the preparation of price-lists, and the list shall be signed by at least one of them as well as by the officer preparing it.

Rule - 9. Record to be kept by officer preparing price-list.--

Every officer charged with the preparation of price-lists shall keep a record showing, as far as practicable.

(a)      the date of his visit to the mart at which prices are to be recorded;

(b)      the names of vendors and purchasers, the quantities sold, and the price thereof, for any sales effected in his presence.

Rule - 10. Scrutiny and counter-signature of price-lists prepared by subordinate officers.--

When price-lists are prepared at the sadar subdivision by an officer other than a covenanted Deputy Collector, or at other subdivisions by an officer subordinate to Sub divisional Officer or by a Sub-Registrar, they shall be submitted to the covenanted Deputy Collector or to a Deputy Collector specially nominated by the Collector for the purpose, or to the Sub divisional Officer, as the case may be, Such officer shall scrutinize the lists; he may call for explanations and cause manifest errors to be corrected and having satisfied himself of the accuracy of the lists, he shall countersign them.

Rule - 11. Publication of price-list.--

The price lists shall be published for not less than one week at the marts to which they respectively refer, at the Collector's or Sub divisional office and at every police station and minify in the local area.

Rule - 12. Submission of price-list to Board.--

After the expiry of the term of publication of the price-lists in the mart to which they refer, as mentioned in the last preceding rule, the lists shall be submitted to the Board with any objections made to them, and with the opinions of the officers, who prepared and countersigned them, and of the Collector, on such objections.

CHAPTER III

LANDLORD'S IMPROVEMENTS.

Rule - 13. Application for registration improvements --to whom to be presented -- Section 80.--

An application for the registration of a landlord's improvements may be presented to the Collector of the district or to the officer in charge of the subdivision in which the land benefited by the improvement is situated, or to any Assistant or Deputy Collector who may be specially appointed by Board to receive such applications. The application shall, as far as practicable, be in form (Form I) specified in Schedule J appended to these rules, and the requisite information shall be submitted, along with the application, in the form of list A appended to the said Form I.

Rule - 13A. Alternative methods of filling up List 'A'.--

Alternative methods of filling up columns 12 to 16 of List A are provided. The first method is intended for cases in which only a small number of holdings are benefited, and the second for cases in which the whole village or a considerable proportion of the holdings is benefited. It will be open to the applicant, in the first instance, to select the method, which appears to him more appropriate; but if he selects the second method, the Revenue officer may if he thinks fit, require List A to be filled up in the first method. If the Revenue-officer admits the application he will at the same time pass orders to the applicant to submit notices in form 19 on tenants or village concerned, in sufficient number to meet the requirements of these rules.

Rule - 14. Procedure of officer receiving application.--

The officer receiving the application may either reject the application under section 80 (3) or may admit it. If the application is admitted a local enquiry will be held. A date will be fixed for that enquiry, and the applicant or his agent will be informed of this date. Notices in Form 19 will be sent to the tenants (if any whose names are entered in column 1.2 of List A.) In addition a notice in Form 19 will be served in each village concerned. In this notice will be specified the date and approximate hour when the enquiry will be held in that village, and the tenants concerned therein will be directed to attend the enquiry. The notice will be published locally by proclamation and beat of drum, and will be fixed up in the presence of not less than two persons in some conspicuous place in the village. The service of the notice must be attested by at least two residents of the village (or, in the case of a becappar village of a contiguous village) on the back of duplicate notice. Special care must be taken to ensure that with each notice is appended a correct copy of List A or extracts therefrom which refer to the village or tenant addressed in the notice.

The expense of sending and publishing notices under this rule and under rule 16 shall be borne by the applicant.

Rule - 15. Local inquiry.--

The Collector or Sub divisional Officer who received the application may transfer the case to the file of another officer empowered to receive such applications. If it is not so transferred he may either make the local inquiry himself or he may direct it to be made by an officer not below the rank of Sub-Deputy Collector. When the officer who received the application is not the Collector or Subdivisional Officer, he may in a similar manner transfer the case or direct a local inquiry, with the consent of the Collector or Subdivisional Officer. This local inquiry will be held on the day and time specified in the notice. Such of the parties and their witnesses as attend and may desire to give evidence shall be examined, and such inspection of the land concerned as is considered necessary shall be made. In the records of this enquiry it shall be clearly stated which of the tenants were examined; and if any offered themselves for examination and were not examined, their names and the reasons for not examining them shall be recorded. The inquiring officer must make an inquiry in each village of the lands which are affected by the improvement.

Rule - 16. Further inquiry, if any, and disposal of the case.--

The officer who has received the application shall then either forthwith, or if further inquiry is necessary, after giving notice of such further inquiry to the parties concerned and holding such inquiry or causing it to be held by an officer not below the rank of Sub-Deputy Collector, who is empowered to receive such application, proceed to pass orders on these case.

Rule - 17. Circumstances to be taken into consideration in disposing the case.--

In passing orders he shall decide inter alia whether the improvement is of such a nature as to come within the meaning of section 76 of the Bihar Tenancy Act or not, whether the landlord is entitled to register it; whether it falls under sub clause (e) of that: section; and, if so, whether any enhancement of rent is being paid for the original improvement, and whether the cost of improvement and the date of completion have been correctly stated in the application.

Rule - 18. Confirmation of order of refusal passed by officer lower in rank than Collector.--

If an order refusing to register an improvement is passed by an officer lower in rank than the Collector of the district, such order shall not take effect till confirmed by the Collector.

Rule - 19. Powers of officer recording evidence as to improvement.--section 81 (1).--

Evidence relating to any improvement under sub-section (1) of section 81 shall be recorded by the Revenue-officer specified in rule 31, who shall exercise the powers of a Civil Court in the trial of suits, and shall be guided by the provisions of sections 182 and 184 of the Code of Civil Procedure.

CHAPTER IV

RECORD OF PROPRIETORS' PRIVATE LANDS

Rule - 20. Application for record of proprietor's private lands to whom to be made -- Section 118.--

Applications under section 118 may be made to the Collector of the district, or to the officer in charge of the subdivision in which the land in question is situated, or to any Assistant or Deputy specially empowered by Government to receive such applications. If the application is made to the Collector of the district, he may transfer it for disposal to any officer empowered by Government to receive it.

Note.--Under Government notification no. 3002-L-R., dated the 19th August, 1907, published in Part I, page 1516 of the Calcutta Gazette, all Deputy Collectors in the districts in which the Bihar Tenancy Act is in force have been authorized to discharge the functions of Revenue-officer under Chapter XI of the Act.

Rule - 21. Signature of and particulars to be contained in application.--

The application shall be signed by the party making it and shall contain the following particulars, so far as the applicant is able to furnish them: --

(a)      the name, tauzi number, and Government revenue of the estate;

(b)      the names of the registered proprietors, and the share held by each;

(c)      the specification of each plot of land referred to in the application, showing the village in which it is situated and the area and boundaries of each plot, if known;

(d)      the names of the tenants (if any) in occupation of each such plot; and

(e)      the grounds of the application.

Rule - 22. Inquiry on receipt of application.--

On receipt of the application the officer shall make such inquiry as he may think fit by examining the applicant or his agent, and may call for further particulars before ordering further proceedings.

Rule - 23. Measurement of lands where necessary, and deposit of cost thereof.--

If the area of the land has not been already ascertained by measurement made by competent agency under the authority of Government or, if for sufficient reason a further measurement is considered desirable, the officer shall order, the lands to be measured and shall estimate the cost of measurement in accordance with the rules for the measurement of lands in partition cases, and shall require the application to amount either at once or in such installments as he may deem fit.

CHAPTER V

Rule - 24. Contents of forms of notices under sections 12, 13, 15, 18 and 26-A.--

Notices under sections 12, 13, 15, 18 and 26-A shall --

(i)       if the landlord is not the Government or a Wards or Trust estate, contain as far as may be possible, the particulars specified in Forms 2, 4, 6 and 7 in Schedule I;

(ii)      if the landlord is not the Government or a Wards or Trust estate, contain, as far as may be possible, the particulars specified in Forms 2A, 4A and 6A in Schedule I;

Rule - 25. Manner of service.--

The notices mentioned in rule 24 shall be served.

(a)      if the landlord is the Government, on the Collector, or if the landlord is a Wards or Trust estate, on the manager of such estate;

(b)      in cases where the landlord is not the Government or a Wards or Trust estate, and is not entitled to service of notices in accordance with rule 28A.

(1)     if there is a sole landlord, on such landlord.

(2)     in cases where there are two or more joint landlords --

(i)       if they have authorized a common agent under section 188 or have appointed a common manager under section 95, on such common agent or manager;

(ii)      if they have authorized a common agent or appointed a common manager as aforesaid, on each joint landlord.

Rule - 26. Posting of notice.--

In each case under Rule 25 (b) the notice shall be forwarded by post, in a letter registered under Chapter VI of the Indian Post Office Act, 1898 (VI of 1898), and an acknowledgment obtained.

Rule - 27. Transmission of landlord's registration fee by money order. (Modified in Bihar and Orrisa Government notification no. 9317-R/IIT-48, dated the 25th September, 1976).--

In the cases mentioned in rule 25 (b) (1) and 2(i) the landlord's registration fee shall be transmitted by money order to the sole landlord or his agent, or to the common agent or manager, as the case may be at the time when the notice is issued. On the coupon attached to the money order there shall be noted the number and date of the notice which gives particulars of the landlord's registration fee to which the money order relates. Fees payable to Government or to Ward's or a Trust or Encumbered estate, in respect of which a personal-ledger is maintained, in the Treasury, shall be transmitted by being credited direct in the Treasury accounts in the personal ledger of the estate concerned, as the ease be.

Rule - 28. Deposit of fee, where there is refusal or no application.--

If in cases where the amount of landlord's registration fee is transmitted by money order the sole landlord or his agent or the common agent or manager refuses to accept payment thereof, and in all other cases where no application is made for payment of the landlord's, registration fee, the amount shall be kept in deposit in the Collector's office for three years from the date of the notice, and on the expiry of that time it shall be forfeited to the Government.

Rule - 28A.

(1)      Any landlord may apply to Collector for the service on him of notices under sections 26A and 26B, and for the payment to him of landlord's registration fees, in accordance with the provisions of clauses (2) and (3) of this rule, and the Collector may grant any such application.

Every such application shall specify a place to which the notice mentioned in clause (1) of the rule shall be sent.

(2)      When the application of a landlord under clause (1) has been granted, the Collector shall notwithstanding anything contained in any of the rules in this Chapter, send to such landlord on such date in each month as the Collector may fix, and to the place mentioned in such application, a list of notice under sections 26A and 26B received by the Collector during the preceding month and relating to occupancy holdings held under such landlord.

(3)      After the issue of a notice under clause (2), the Collector shall permit the landlord to whom such notice has been issued or an agent empowered in this behalf by written authority under the hand of the landlord to take from the Collector's office delivery of notices under sections 26A and 26B addressed to such landlord and to withdraw direct from the Treasury any landlord's registration fees payable to such landlord.

Rule - 29. Verification of Payment.--

The Collector or other officer who signs the order for notice to be served shall satisfy himself that the landlord's registration fee and other fees and charges realised in cash have been paid into the treasury.

Rule - 29A. Process-fee under section 12 (2).--

(1)     In cases where the landlord is not the Government or a Wards or Trust estate,

(i)       if the tenancy is held under single landlord or under two or more landlords having one common agent or a common manager such as is referred to in rule 25 (b), the process-fee to be paid under sub-section (2) of section 12 shall be rupee one and annas seven inclusive of cost of posting the notice referred to in sub-section (4) of section 12, of registering it under the Indian Post Office Act, 1898 and of obtaining an acknowledgment of its receipt;

(ii)      if the tenancy is held under two or more landlords not having one common agent or common manager, the said process fee of rupee one and annas seven shall be paid in respect of the original notice in Form 2, and a further process fee of eight annas shall be paid in respect of each landlord or group of landlords having a common agent or a common manager on whom the service of a notice is required by rule 25 (b) (2).

(2)     When the landlord is the Government or a Wards or Trust estate, the process-fee to be paid shall be rupee one annas two only.

a.        A notice under sub-section (1) of section 25-A shall be in Form 31 and shall contain the particulars given in the said Form and shall be served in the manner laid down in rules 25 and 26.]

Rule - 30. Filing and service of agreement under section 46 (2).--

The agreement under sub-section (2) of section 46 shall be filed in the Court having jurisdiction to entertain a suit for arrears of rent of the holding and shall be served on the raiyat in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure on payment of the fee prescribed by the High Court.

Rule - 31. Filing and service of notice under section 46 (4).--

The notice under sub-section (4) of section 46 shall be filed in the Court having jurisdiction to entertain a suit for arrears of rent of the holding and served on the landlord in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure on payment of the fee prescribed by the High Court.

Rule - 32. Service of notice of receipt of deposit in cases (a), (b) and (d) of section 61- --Section 63 (2).--

In cases (a), (b) and (d) of section 61 referred to in sub-section (2) of section 63, the notice of the receipt of the deposit shall be served by forwarding the notice by post in a letter registered and Chapter VI of the Indian Post Office Act, 1898 (VI of 1898), or, where Court may deem it necessary, in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure.

Rule - 33. Publication of general notice under section 72 (2).--

The general notice referred to in sub-section (2) of section 72 may be published by the transferee by fixing up a written notice to the tenants in the village office or in the presence of not less than two persons in some conspicuous place on the lands and, by proclaiming to the tenants by beat of drum, in every village to which the transfer extends, that the interest of the former landlord has passed to the transferee. The transferee may, if he thinks fit, apply for service of the notice to the Court having jurisdiction to entertain a suit for arrears of rent of the holding, and Court shall thereupon serve the notice as hereinbefore prescribed on-payment of the process-fee prescribed by the High Court.

Rule - 34.

Rule - 35.

Rule - 36. Notice by raiyat of intention to surrender --Section 86 (2) and (4).--

If the raiyat elects to proceed under sub-section (2) of section 86, he may personally serve a written notice of his intention to surrender on his landlord; but if he elects to proceed under sub-section (4) of the said section the notice of the raiyats intention to surrender shall be served on the landlord in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure on payment of the process-fee prescribed by the High Court.

Rule - 37. Notice by tenant of intention to abandon --Section 87.--

A notice of the tenant's abandonment of his holding under sub-section (2) of section 87 shall be in the form (Form 8) contained in schedule I and shall be submitted in duplicate. One copy shall be published by beat of drum upon the holding alleged to be abandoned, and then kept, in the record, and the other copy shall be affixed, in the presence of not less than two witnesses, to some dwelling-house, or tree, other conspicuous object upon the holding. The fee payable by the landlord shall be rupee one and annas eight.

Note.--Under Government notification no. 4534 --IIT-35, dated the 1st July, 1915, all officers in charge of subdivisions in the districts of Patna, Bhagalpur and Tirhut Divisions, in which section 87 of the Bihar Tenancy Act, is in force, have been empowered to discharge in their respective subdivisions the functions of a Collector under the said section.

Rule - 38. Notice to tenant under section 155.--

Notice to the tenant under section 155 shall be filed in the Court having jurisdiction to entertain a suit for arrears of rent of the holding, and shall be served in the manner prescribed for the service of a summons on a defendant under the Code of Civil Procedure on payment of the fee prescribed by the High Court.

Rule - 38A. Notification of incumbrances to landlord.--

(1)     When a tenancy is held under a single landlord, or under two or more landlord's having one common agent or common manager, such as is referred to in rule 25 (b) (2) a copy of the instrument referred to in section 170 shall be served on such agent or manager as the case may be.

(2)     When a tenancy is held under two or more landlords not having one common agent or common manager as aforesaid, a copy of the said instrument shall be served-

(a)      if none of them have one common agent or common manager as aforesaid, then on each landlord, or

(b)      if some of them have one common agent or common manager as aforesaid, then on such agent or manager and also on each of the landlords who have no such agent or manager.

(3)     The said copy or copies shall be served in the manner prescribed for service of a summons on a defendant under the Code of Civil Procedure, 1908.

(4)     The fee to be paid for such service shall be --

(i)       in the cases referred to in sub-rule (1), one rupee and annas seven; and

(ii)      in the cases referred to in sub-rule (2), one rupee and annas seven for the first copy of the instrument and five annas for each additional copy.

Rule - 39. Particulars to be contained in requisition by Civil Court for copies or extract of record-of-rights.--

Every requisition from the Civil Court to the Collector for certified copies of, or extracts from, the record-of-rights shall, so far as may be possible, contain the particulars specified in form (Form 9) in Schedule I. The copy or extract shall be certified to be correct by such officer as may be appointed by the Collector for the purpose.

CHAPTER VI

THE PROCEDURE TO BE FOLLOWED BY REVENUE-OFFICERS IN REGARD TO THE RECORD-OF-RIGHTS AND SETTLEMENTS INCLUDING THE COMMUTATION OF RENTS UNDER SECTION 40 OF THE BIHAR TENANCY ACT.

Rule - 40.

(a)      Every Revenue Officer appointed by the State Government under designation of "Settlement Officer" or 'Assistant Settlement Officer" for the purpose of making surveys, record-of-rights, settlement of rents, determination of proprietor's private lands and such like proceedings, or any one or more of them, under the Bihar Tenancy Act, 1885, and every officer specially appointed to receive applications under section 40 of the Act, is hereby vested with --

(i)??? ?all the powers exercisable by a Civil Court in the trial of suits;

(ii) ???powers to enter upon any land to survey, demarcate and make a map of the same.

(iii)? ?all the powers of an Assistant Superintendent of Survey and a Deputy Collector under the Bengal Survey Act, 1875;

(iv) ??power to cut and thrash the crops on any land and weigh the produce with a view to estimating the capabilities of the soil; and

(v)?? ?power to take down evidence with his own hand in the English ?language, in proceedings held under Chapter X of the Bihar Tenancy Act, 1885, in which an appeal is allowed, in accordance with the procedure laid down in the Code of Civil Procedure, 1908, for the trial of suits.

Note 1.--Under Government Notification no. 3002-L.R., dated the 19th August, 1907, published in Part I, page 1516 of the Calcutta Gazette all Deputy Collectors in the districts in which the Bihar Tenancy Act is in force have been authorised to discharge the functions of a Revenue-officer under Chapter X of the Act, and have been appointed to be Assistant Settlement officers.

Note 2.-- For the standard form of notification for the appointment of Assistant Settlement Officers, see Government Order no. 4030-R--S-67, dated the 16th April, 1926. (Cf. also page 283 of the Bihar and Orissa Survey and Settlement Manual, 1927).

(b)      a Revenue-officer who under the designation of "Settlement Officer" has been appointed by the State Government for the purpose of making a survey and record-of-rights and settlement of rents under Chapter X of the Bihar Tenancy Act, 1885, shall have power, by general or special order to make over for disposal to any officer subordinate to him (who has been duly empowered, under the designation of Assistant Settlement Officer, to act as a Revenue officer under the provisions of the same chapter of the same Act,--

(i) ????objections preferred under section 103A,

(ii)?? ?the settlement of fair rents (including the preparation of a table of rates),

(iii) ??the preparation of a settlement rent-roll under Chapter X, Part II of the Act in any area,

(iv)? ?applications for the settlement of fair rents under section 105,

(v)?? ?suits instituted for the trial of disputes under section 106, and

(vi)? ?application for the commutation of rents under section 40.

(c)      a Revenue-officer so appointed under the designation of Settlement Officer shall, on the application of any person interested and after giving notice to other persons interested, and hearing any objections preferred, or of his own motion without giving such notice, have power to withdraw from the file of any Assistant Settlement Officer subordinate to him, any of the matters specified in rule 40 (b) above, and to dispose of them himself, or transfer them for disposal to any other Assistant Settlement Officer subordinate to him who has been duly empowered to act as a Revenue-officer.

(d)      On the application of either party to a suit under section 106, after giving notice to the other party and hearing any objections preferred or of his own motion without giving such notice, a Revenue-officer so appointed under the designation of Settlement Officer may transfer to such competent Civil Court as the District Judge may designate the trial of a suit or of any class of suits instituted for the decision of a dispute or disputes which involve important and complicated questions of right and title or claims to be put in possession.

(e)      In the case of an uninhabited village, any general notice to be served or publication to be made under the rules in this chapter may be served or made in any inhabited village contiguous to that village, or if there be no inhabited village contiguous to that village, in the inhabited village nearest to that village or in the village in which the tenants and occupants of the lands of the uninhabited village are believed by the Revenue-officer to reside.

Rule - 41. Powers vested in Deputy Superintendents of Survey and Assistant Superintendents of Survey.--

Procedure for Cadastral Survey, Records-of-rights and Settlements of Rents.

Rule - 42. Procedure for survey, record-of-rights and settlement of rents.--

The processes shall be-

A.--? Demarcation of boundaries.

B.--? Measurement.

C.--?? Khanapuri i.e., preliminary preparation of the record.

D.--?? Attestation of the record.

E.--?? Publication of the draft record.

F.--?? Disposal of objections under section 103A.

G.--? Settlement of fair rents in cases in which a settlement of revenue is being or is about to be made.

H.--? Final publication of the record-of-rights.

I.--?? Distribution of copies of the record-of-rights to parties interested.

J.--?? The settlement of fair rents on the application of the parties under section 105, and the trial of suits for the decision of disputes under section 106 in cases in which a settlement of revenue is not being or is not about to be made.

K.--? Correction of bonafide omissions or mistakes in the record-of-rights.

A.-- Demarcation of Boundaries.

Rule - 43. Revised in Bihar and Orissa Government notification no. 2627--IIT-14-R, dated the 16th April, 1915.--

Demarcation of village boundaries and determination of the unit of survey and record-of-rights.--

(a)      In the demarcation of village boundaries, the area contained within the exterior boundaries of the village maps of revenue survey shall be preserved, as far as possible, as the unit of survey and record except in cases where the Board of Revenue under section 115A has sanctioned the adoption of some other unit.

(b)      Where there is no dispute, the boundary of the village according to possession shall be followed for the purposes of map and record. But where a revision survey is being made and the previous cadastral boundary has been sanctioned under section 115A for adoption as the unit of survey, such boundary shall ordinarily be followed without regard to possession.

(c)      Where there is a dispute as to a village boundary, the Revenue-officer shall decide the dispute under the Bengal Survey Act, 1875 (Bengal Act V of 1875):

Provided that where the survey is a revision survey based on cadastral boundaries adopted under section 115A by sanction of the Board the Settlement Officer may relay that boundary under section 45, Act (V.B.C.) of 1875, instead of determining it under section 41, and may, either on application or his own motion, after giving due notice to the parties concerned to appear and be heard in the matter, correct any bona fide mistake in demarcation made in the previous survey.

(d)      Where the Settlement Officer is of opinion that the village maps prepared at the Revenue Survey, or such other survey as has been sanctioned under section 115A by the Board for adoption, are not suitable as the unit of survey and record, he shall issue notice of the inquiry to all parties concerned in the manner prescribed, and after such local inquiry in the presence of the parties as he may consider necessary, shall determine the area to be included in the village. He shall then submit his proceedings to the Board through such superior authorities as the Board may prescribe; and such area as the Board may, after such further inquiry as may be deemed necessary, declare to be included in a village shall be adopted as the unit of survey and record of rights:

Provided that in all such cases the Settlement Officer shall draw up a statement, in such form as the Board may prescribe, showing the areas adopted as the unit of survey as compared with the areas contained in the village maps of the Revenue Survey or other survey adopted under section 115A, and such statement shall be filed in the Collector's office.

(e)      Where no village maps have been prepared at the Revenue Survey or in the course of a survey sanctioned for adoption under section 115A, the Revenue-officer appointed under the designation of Settlement Officer shall issue notice to all parties concerned in the manner prescribed, and after such local inquiry in the presence of the parties as may consider necessary, shall determine the areas to be included in the village. He shall then submit his proceeding to the Collector and such area as the Collector, after such further inquiry as he deems necessary, and with the sanction of the Board of Revenue by general or special order, declares to constitute a village shall be adopted as the unit of survey and record-of-rights.

(f)       In cases where the procedure prescribed in sub-clauses (d) and (e) has been adopted, the Board of Revenue shall submit a report to Government for issue of the notifications prescribed by section 3 (10) (b) of the Bihar Tenancy Act.

(g)      The notice under rule 43 (d) and (e) of the inquiry to be held shall be given by proclamation and beat of drum and by posting it, in the presence of not less than two persons, in some convenient place or places in the lands to which it refers.

Rule - 44. Erection of boundary pillars.--

Boundary pillars of a permanent nature shall be erected at every point where the boundaries of three or more villages meet, and may be erected wherever the Revenue officer considers it necessary to define by pillars the boundaries of estates or tenures or of lands which have been the subject of dispute.

B.--? Measurements.

Rule - 45. Field maps.--

A field map of every village shall be prepared. It shall show the boundaries of every field separately held or of such plot of land as the instructions of the Board of Revenue for giving effect to these rules may lay down.

C. ???Khanapuri, i.e., Preliminary preparation of the Reocrd.

Rule - 46.

Documents to be prepared in course of survey and preparation of record-of-rights.--The following are the principal documents to be prepared in the course of a survey and the preparation of a record-of-rights under Chapter X of the Bihar Tenancy Act 1885: -

These and any other papers prescribed by the Board of Revenue shall be prepared in such manner as the Board may prescribe.

Rule - 47. Record-of-rights.--

The records-of-rights, which shall be published under section 13A of the Bihar Tenancy Act, 1885, shall be contained in the khewat and the khatian and such other papers as may be specified by general or special order of the Board of Revenue in the case of any local area.

Rule - 48. Proprietary khewat.--

(a)      The khewat shall show the character and extent of proprietary interest. During the khanapuri stage it shall be written up in accordance with the facts as then ascertained, but as mistakes or changes of any kind are brought to light at later stages of the settlement proceedings, the necessary corrections should be made. Before the khewat is written up, the Settlement Officer shall obtain extracts from the registers maintained by the Collector under the provisions of the Land Registration Act, 1876 (Bengal Act VII of 1876). He shall have these extracts before him when writing the khewat and small make enquiries regarding any discrepancies that appear to exist between the entries in the Collector's Land Registers and the fact as ascertained by him. Differences between the entries in the khewat and the entries in the Land Registers shall be reported to the Collector.

Rule - 49. Khatian.--

(a)      The khatian shall be shown in detail for all the lands of the village, estate by estate, landlord by landlord, tenant by tenant, and occupant by occupant the lands included in each estate owned by each landlord and occupied by each tenant or occupant, with particulars of rent, status and area and of the incidents of each tenancy.

(b)      Lands cultivated or otherwise held directly by the proprietor shall be shown in detail in the khatian, and shall be entered either as proprietor's private land within the meaning of section 120 of the Bihar Tenancy Act or as land held by the proprietor, but not private land, within the meaning of the section.

D.--? Attestation of the record.

Rule - 50. Attestation.--

(a)      When the map, khesra, khewat and khatian for a village have been prepared in the manner prescribed by these rules and by the instructions of the Board of Revenue consistent with them, the Revenue officer shall issue a notification in the form (Form 10) given in Schedule I fixing a day which shall be not less than a week from the date of publication of the notification, on which he will be present at some place to be specified at or near the village, for the purpose of attesting and completing the record-of-rights.

(b)      The notification shall further state that on the day so fixed, or on any other day to which the proceedings may be adjourned, the Revenue-officer will record rents and status and deal with objections relating to entries other than entries made in accordance with decisions in khanapuri disputes in the record or omissions therefrom; and the notice shall require all parties interested in the subject matter of the inquiry to attend at the time and place specified, with their parchas; and with such evidence as they have to offer in connection with the proceedings.

(c)      Such notification shall be published by proclamation and beat of drum, and fixed up, in the presence of not less than two persons, in some conspicuous place in the village to which it refers.

Rule - 51. Measures to procure attendance of parties.--

The Revenue-officer may also, if he deems fit, take such additional measures under the powers conferred on him by rule 40, as he may deem desirable to procure the attendance, at the place specified in the notification issued under the last preceding rule, of the occupants, under-raiyats, raiyats, tenure-holders, landlords and proprietors, or their authorized agents.

Rule - 52. Inquiry as to correctness of entries.--

On the date specified in the notification issued under rule 50, or on any other date to which the proceedings may be adjourned, the entries which have been made in the khewat and in each khatian shall be read out in the presence of such of the interested parties as are in attendance.

If the correctness of any entry other than an entry made in accordance with a decision in a khanapuri dispute is questioned, the Revenue-officer shall dispose of the objection after local enquiry or otherwise:

Provided that if the correctness of the measurement be objected to, and a fresh measurement be demanded, the Revenue-officer may require the cost of the re-measurement to be deposited.

If the measurement shows the original measurement to have been inaccurate the amount deposited or any portion of it, may, if the Revenue-officer thinks fit, be refunded to the objector.

Rule - 53. Inquiry as to fixed rates or fixed rents.--

The Revenue-Officer shall ascertain what tenants claim the right to hold at fixed rates or fixed rents, explaining, as far as may be necessary, the provisions of the Bihar Tenancy Act, 1885, in this respect. If the right claimed is disputed by the landlord, the Revenue-officer shall call on the claimants for proofs of such right. It is sufficient for the claimant to establish the presumption mentioned in section 50 (2), and if that presumption be not rebutted by landlord, the claimant be recorded as a raiyat at fixed rates of rent, or a fixed rent as the case may be.

Rule - 54. Inquiry as to settled and occupancy raiyats.--

The Revenue-officer shall ascertain which of the raiyats are settled raiyats, or occupancy-raiyats, as the case may be, and shall record them as such having regard to the presumption of section 20 (7) of the Bihar Tenancy Act, 1885.

Rule - 55. Inquiry as to non-occupancy raiyats.--

The Revenue-officer shall ascertain what raiyatsare non-occupancy and to this end he shall be entitled to call upon the landlord or his agent to produce a statement showing the names of the raiyats alleged by him to be non-occupancy raiyats. On the production of such statement, the Revenue-officer shall explain to the raiyats whose names are entered in the statement, and who have not already been recorded as occupancy or settled raiyats the nature of the presumption raised by section 20 (7) of the Bihar Tenancy Act, 1885. If, after such explanation, raiyat admits himself to be a non-occupancy raiyat he shall be recorded as such. If he does not admit himself to be a non-occupancy raiyat, the Revenue-officer shall call on the landlord to prove the allegation made by him in regard to such raiyat.

Rule - 56. Abwabs and cesses.--

Abwabs shall not be recorded. Cesses which are authorised by law shall be recorded separately from the rent in the khatian, or, in the case of tenure-holders, in the khewat.

Rule - 57. Ascertainment and record of rent at present payable.--

The Revenue-officer shall summarily ascertain the rent at present payable by the tenant, and record it in the appropriate column of the khatian as the rent payable in respect of the land held by the tenant.

Rule - 58. Agreement between landlord and tenant as to rent to be recorded.--

If while the record is being prepared, the landlord and tenant agree as to the rent which shall be recorded as payable, the Revenue-officer, if he has been vested with powers under section 109-C of the Bihar Tenancy Act, 1885, as amended by Bengal Act I of 1907, may, if he is satisfied that the rent agreed upon is fair and equitable but not otherwise, settle such rent, as a fair and equitable rent, although the terms of the agreement are such that, if they were embodied in a contract, they could not be enforced under the Bihar Tenancy Act.

Rule - 59. Procedure where Revenue-officer not vested with powers under section 109-C.--

If the Revenue-officer has not been vested with powers under section 109-C, he may, if he considers that the provisions of that section should be applied in respect of the rent of any tenure or holding submit a report to any Revenue-officer who has been vested with powers under section 109-C in the local area for which the record-of-rights is being prepared, and such Revenue-officer, after giving notice to the landlord and tenant, and after such further inquiry as he may deem necessary, may if he is satisfied that the rent agreed upon by the landlord and tenant is fair and equitable but not otherwise, settle such rent as a fair and equitable rent, although the terms of the agreement are such that, if they were embodied in a contract, they could not be enforced under the Bihar Tenancy Act.

Rule - 60. Form of proceedings and entry of rents, settled or revised.--

Proceedings for the settlement of rents under section 109-C shall be drawn up in such form as the Board of Revenue may prescribe; and all rents settled under-clause (1), section 109-C, or revised by the Board of Revenue under clause (3), section 109-C, shall be entered in the record-of-rights.

Rule - 61. Proceedings on completion of attestation and publication of draft record.--

When the record-of-rights has been prepared and attested in the manner prescribed in rules 50 to 57, and when the record shall have been arranged and corrected in accordance with the orders which the Revenue officer may have passed, he shall record a proceeding in which he shall state that attestation of the records of the village has been completed, and shall then cause the draft record-of-rights to be published in the village in the manner provided in rule 62.

E.--Publication of the Draft Record.

Rule - 62. Publication of draft record and hearing of objections, (Bihar and Orissa Government notification no. 7790-R-S-4, dated the 9th August 1930). -

(a)      After the record-of-rights has been prepared and attested, a notice of draft publication of the record, in Form II in Schedule I, shall be published in one or other of the following manners: either (1) by posting it at the landlord's office in the village, and, in the presence of not less than two persons, in some other conspicuous place in the village or where the village is uninhabited, in the village in which most of the cultivation of the uninhabited village reside; or (2) by reading it out to the villagers assembled in the camp, as soon as the records of the village have been attested by the Revenue-officer.

The date fixed for the commencement of draft publication shall be not less than one week from the date of publication of the notice; and draft publication shall not commence until the proceeding under rule 61 has been recorded.

(b)      Draft publication shall be done by keeping the record open for public inspection under the supervision of the Revenue-officer, or officer deputed by him, free of charge, for such period not being less than one month, and at such place as is specified in the notice.

Objections made to any entry in or omission from the record, during the period of draft publication shall be received and considered by the Revenue-officer. Objections shall, as far as practicable, be made in Form 12 in Schedule I.

F.--Disposal of objections under section 103A.

Rule - 63. Notice of objection to be served on all persons whose interest may be affected.--

When an objection is made within and before the expiry of the period of publication of the draft record prescribed under rule 62 (b) regarding correctness of an entry, or as to the propriety of any omission, notice of the objection (in Form 13 Schedule I) shall be served on all persons whose interest may, in the opinion of the Revenue-officer be affected thereby, and they shall be called upon to attend at such time and place as the Revenue-officer may fix for the disposal of the objection.

If no person attends to contest the objection, and the Revenue-officer is satisfied that the notice of the objection has been duly served on all persons interested, the objection may be allowed and the record amended accordingly, or the person who made the objection may, if the Revenue-officer thinks fit, be called upon to produce in support of his objection.

All such objections shall be dealt with summarily under such instructions as the Board of Revenue may prescribe.

[8] [Rule - 63A.Revision of entry in the draft record-of-rights, order or decision under sub-section (3) of Section 103A.--

(a)      Before revising under sub-section (3) of Section 103A, any entry in the draft-record-of-rights or any order or decision, the Revenue Officer specially empowered by the State Government in this behalf shall hear the parties concerned and for that purpose cause to be served on them a notice, containing the particulars of the entry, order of decision proposed to be revised, atleast fourteen days before the date fixed for hearing.

G.--Settlement of Fair Rents in cases in which a Settlement of Revenue is being or about to be made.

Rule - 64. Report to Government where it is not necessary to settle rents of ail classes of tenants in a Government Estate.--

If it does not appear to the Revenue-officer expedient to settle the rents of tenants of every class in an estate or tenure belonging to the Government, Revenue-officer shall submit a report-for the orders of the Government under the proviso to section 104 of the Bihar Tenancy Act, 1885, as amended by Bengal Act I of 1907.

Rule - 65. Service of notice of settlement of rents.--

In the case of settlement of fair rents under Part II of Chapter X of the Bihar Tenancy Act, 1885, when a settlement of revenue is being, or is about to be made, the Revenue officer shall serve a notice by proclamation and beat of drum, and by posting it, in the presence of not less than two persons, in some conspicuous place in the village comprising the land under settlement.

The notice shall be in Form 14 in Schedule I and shall set forth that on a date named and at a place named, the Revenue officer will settle fair rents in respect of all estates, tenures or holdings, and for unsettled lands included in such village. A schedule may when the Revenue-officer thinks fit, be appended to the notice, giving such particulars as he may think necessary relating to the names and numbers of all estates, tenures, and holdings paying revenue or rent to Government and of unsettled lands for which rent will be settled. Such notice shall be served at least one week previous to the date fixed for settlement of fair rents. When such notice has been served, it shall be held that all persons have, subject to the provisions of rule 73, been sufficiently warned of the date fixed:

Provided that in cases in which a table of rates is prepared under the provisions of section 104B, the notice shall not be published until the table of rates has been confirmed under sub-section (5) of that section.

Rule - 66. Table of rates.--

Where necessary.--A table of rates shall not ordinarily be prepared when it is found that the tenants of the local area in question hold their lands at lump rentals, and no rates actually exist, or when the rates are so numerous and varied, and are so little dependent on the class of soil, that no table of existing rates can be prepared. When the above conditions do not obtain, and it is possible to prepare a table of existing rates which are generally of an uniform character and in accordance with certain ascertainable classes of soil, a table of rates may be prepared in accordance with the provisions of section 104A (c):

Provided that when the Revenue-officer is of opinion for reasons to be recorded by him in writing, and submitted to and approved by, the authority empowered to confirm the table of rates, that the rents stated as the existing rents by the landlord and tenants are not the rents that are legally payable, and that it is impossible to ascertain those rents, a table of rates fairly and equitably payable may be prepared and shall be based on the rates of rents payable in those neighbouring villages the lands of which are fairly comparable with the lands of the village.

Rule - 67. Preparation of the table of rates.--

When the Revenue-officer has decided to settle rents in any local area on the basis of a table of rates under section 104A (c), he shall first prepare a table of existing rates and shall then either maintain those rates or shall proceed to enhance or reduce them, having regard to the general principles laid down in the Bihar Tenancy Act, 1885, for the enhancement or reduction of rents and especially to section 30 (b), (c) and (d).

Rule - 68. Contents of table of rates.--

The table of rates finally prepared by the Revenue-officer and published by him under section 104B (2), shall contain the particulars noted in section 104B (1) and shall show-

(a)      the classes of land, as locally known, that have been adopted in the fixation of rates;

(b)      the area, expressed in local measure, for which each rate is fixed;

(c)      the existing rates, if any, taken as the basis of table of rates; and

(d)      the rates fixed as fairly and equitable payable for that area of land of each class of land for each class of tenant whose rent is liable to alteration.

Rule - 69. Publication of table of rates.--

(a)      When a table of rates has been prepared under section 104B, a notice in Form 15 in Schedule I shall be posted up in the landlord's office in the village or in the presence of not less than two persons in some conspicuous place in the village, stating that the table of rates will be published in village or in the camp of the Revenue-officer at village A, on a day to be specified, not less than a week from the date of the posting of such notice, and calling on all persons interested to attend on the date so specified.

(b)      On the date fixed for the publication of the table of rates the Revenue-officer shall explain to as many of the parties as attend at the place specified in the notice issued under clause (a) of this rule, the proposed rates and the grounds on which they are based, and shall hear and consider any objections that may be raised to any entries in the table. He shall at the same time inform who attend that the table of rates will be open to inspection for not less than one month in the office of the Revenue officer or in such other convenient place as the Revenue-officer may determine, and that any person who objects to any entry in the table of rates may present a petition to him on the subject-within one month of the date of the publication of the table of rates, which will be duly considered under section 104B (3).

Rule - 70. Record of grounds of final order.--

The Revenue-officer shall record the grounds of his final order in every case in which he disposes of an objection to a table of rates under section 104B (4).

Rule - 71. Submission of proceedings to confirming authority.--

In submitting his proceedings to the confirming authority under section 104B (4), the Revenue-officer shall describe the land classification adopted by him for the purposes of his table of rates, and shall show in tabular form the rates which found by him to exist for the classes of land described and the rates he proposes to substitute for the existing rates, explaining in each case his grounds for maintaining, enhancing or reducing the rates.

Rule - 72. Confirming authorities.--

(a)      The following Revenue authorities are empowered under the Bihar Tenancy Act: --

(i) ???when the total rents to which the table of rents is to be applied will not, in the opinion of the Revenue-officer, exceed Rs. 1.000, the Collector of the district;

(ii) ???when the total rents in question will, in the opinion of the Revenue-officer, exceed Rs. 1.000, but will not exceed Rs. 5,000, the Commissioner of the Division; and

(iii) ??when the total rents in question will, in the opinion of the Revenue-officer, exceed Rs. 5,000, the Board of Revenue.

(b)      The following Revenue authorities are empowered, under section 104B (4), to confirm settlement rent-rolls prepared under the Bihar Tenancy Act: --

(i) ????in all cases in which the settlement rent-roll has been prepared by an Assistant Settlement Officer and the Settlement Officer is of the rank of a Collector, the Settlement Officer; and

(ii)?? ?in all other cases, the Collector or other Revenue authority to whom the Settlement Officer is declared by the Board of Revenue to be immediately subordinate.

Rule - 73. Settlement of fair rents.--

On the date fixed in the notice issued under rule 65 above, or on any subsequent date to which the proceedings may be adjourned, the Revenue officer shall read, or cause to be read aloud in his presence, the name of each tenant whose rent has to be settled, the area of his tenancy and the existing rent, and shall proceed to settle a fair rent for every such tenant under the provisions of section 104A (1) (a), (b), (d) or section 104C:

Provided that when a Revenue-officer proposes to alter an existing rent, and the parties have not attended in compliance with the general notice prescribed in rule 65 above, the Revenue-officer shall serve each person interested with a special notice, and the fair rent shall not be settled in the absence of such person until after due service of such special notice has been proved.

Rule - 74. Contents of settlement rent roll.--

The settlement rent-roll shall contain the particulars prescribed in section 10A(2), and the fair rent settled for each tenant shall be entered in it by the Revenue-officer himself at the time that such rent is settled.

Rule - 75. Publication of settlement rent-roll and filing of objections.--

As soon as the settlement rent-roll has been prepared it shall be published by a notice in Form 16 in Schedule T in the manner prescribed for the publication of the draft record in rule 62, and the Revenue-officer or the officer deputed by him to read out the contents of the settlement rent-roll, as the case may be shall at the same time inform the parties who attend that the settlement rent-roll will be open to inspection for not less than one month in the office of the Revenue-officer, or in such other convenient place as the Revenue-officer may determine, and that any person who objects to any entry in the settlement roll or omission therefrom may present a petition to the Revenue-officer of subject within one month of the date of the publication of the settlement rent-roll which will be duly considered under section 104E.

Rule - 76. Method of dealing with objections and appeals.--

An objection presented under rule 69 or rule 75 shall be dealt with in accordance with the provisions of rule 63 in the same way as objection presented under section 103A. An appeal presented under section 104G (1) shall lie to the officer to whom the Revenue-officer who has passed the order appealed against is immediately subordinate:

Second appeals.-- Provided that a second appeal shall lie from any order on appeal settling the amount of a fair rent passed by a Settlement Officer or Collector under this rule to the Commissioner of the Division, and that, when the proposed annual rental of any tenancy exceeds Rs. 100 per annum, a final appeal shall, in all such cases, lie to the Board of Revenue.

Rule - 77. Incorporation of settlement rent-roll in record-of-rights.--

As soon as the settlement rent-roll has been sanctioned by the confirming authority, it shall be incorporated in the record of rights by the entry for that purpose.

Rule - 78. Rules 65 to 77 to apply to a settlements of rents under section 112.--

Rules 65 to 77 (both inclusive) shall apply, so far as may be, to a settlement of rents under section 112 of the Bihar Tenancy Act, 1885, as amended by Bengal Act I of 1907.

H.--Final publication of the Record-of-rights.

Rule - 79. Final publication of record-of-rights [Modified under Bihar and Orissa Government notification no. 99--S.-82-R, dated the 5th January, 1924].--

When all objections under section 103A have been disposed of, as provided for in rule 63 above, and in cases in which a settlement of revenue is being or is about to be made, the settlement rent-roll has been incorporated in the record of-rights, as provided in rule 77, and the Revenue-officer has corrected the draft record in accordance with the orders passed by him" on such objections or in the course of preparation of the settlement rent-roll he shall finally frame the record and cause it to be published either (1) by notifying in the form shown in Form 17 in Schedule I, that its contents will be read out at a place and on a date to be specified, not less than a week from the date of the publication and by reading it out himself or causing it to be read at the appointed place on the date so specified in the presence of the parties or of as many of them as attend or (2) by placing it for public inspection free of charge, during a period of not less than one month at such convenient place as he may determine. If the latter method be employed, a proclamation shall previously be published in each village in the form shown in Form 17-A in Schedule I, informing the landlords and tenants of the place at which the final record of that village will be open to public inspection and the period during which it will be open to such inspection.

Rule - 80. Report to State Government after final publication.--

When all the record-of-rights in any local area have been finally published, the Revenue-officer shall submit a report to the State Government, containing such particulars as may be necessary in order to enable the State Government to issue a notification under sub-section (2) of section 103B of the Bihar Tenancy Act, 1885, as amended by Bengal Act I of 1907.

I.--Distribution of copies of the Record-of-rights to parties interested.

Rule - 81. Distribution of copies of record-of-rights.--

(a)      The Revenue officer shall cause to be made a copy of, or extract from, record-of-rights as finally published in accordance with rule 79, and this copy or extract shall bear a certificate under the Revenue-Officer's signature and seal, that is a copy of, or extract from, the record-of-rights as finally published. The copy or extract shall be made over to the landlord concerned, or where there are more landlords than one, to their common agent or common manager, as the case may be, or if there be no common agent or common manager, to such person among the landlords as the Revenue-officer may think fit.

(b)      The finally published record itself shall be made over to the Collector of the district, and shall bear a certificate that it is the finally published record, under the Revenue officer's signature and seal.

(c)      An extract from the record-of-rights as finally published under rule 79 relating to his tenancy shall be given to every tenant under the signature and seal of the Revenue-officer and shall bear a certificate that it is an extract from the record-of-rights as finally published.

(d)      The cost of the preparation of copies of records, or of extracts therefrom, supplied to landlords and tenants under this rule, shall ordinarily be included in the cost of the survey and settlement, and no separate charge shall be levied from the landlords and tenants in respect of such copies except by the orders of the Local Government.

(e)      If the Local Government so directs, copies of the maps shall be prepared and distributed to the landlords and tenants concerned. The cost of the preparation of the copies so distributed shall be included in such of the cost of the settlement as are recoverable from the landlords and tenants, and no separate charge shall be levied from them in respect thereof.

J.--Settlement of fair rents on the applicant of the parties under section 105, and trial of suits for the decision of disputes under section 106 in cases in which a settlement of revenue is not being or is not about to be made.

Rule - 82. Proceeding for settlement of fair rents.--

When the landlord or tenant applies for the settlement of a fair rent, he shall be considered as plaintiff and the opposite party as defendant. The proceedings shall be dealt with as suits and subject to the directions contained in rules 84 to 87 of this Chapter, the Revenue-officers shall adopt, as it is applicable, the procedure laid down in the Code of Civil Procedure for the trial of suits.

NOTE-Government notification no. 2742-J., dated the 7th October, 1908.-Whenever a Revenue-officer acting in any proceedings referred to in section 107, sub-section (1) of the Bihar Tenancy Act, 1885, considers that a local enquiry should be held he may direct that a local enquiry be held under Order XXVI in the first schedule of the Code of Civil Procedure, 1908, by any Revenue-Officer invested with powers under Chapter X of the said Bihar Tenancy Act, 1885, or by any Revenue-officer not below the rank of Sub-Deputy Collector.

Rule - 83. Record and settlement of rents, in estates under management of Court of Wards or Manager appointed under section 95.--

When the estate of tenure is managed by the Court of Wards or by a Manager appointed by the District Judge under section 95 of the Act and a settlement of revenue is not being or is not about to be made, the procedure laid down in these rules for recording or settling rents shall be followed, the Manager of the estate of the tenure being regarded as the landlords.

Rule - 84. Notice of application for settlement of fair rent.--

When a landlord or tenant applies for the settlement of a fair rent, a notice in Form 18 in Schedule I shall be served on every person interested in the application, together with a copy of the application,' or extract there from or summary thereof, so far as the application concerns such person:

Rule - 85. Joint application for settlement of rents in certain cases.--

With the consent of the Revenue-officer, any number of tenants occupying land under the same landlord, whose interest is recorded in the same khewat entry in the same village, may make a joint application for the settlement of rents, or may be joined as defendants in the same proceeding on a similar application by the landlord:

Provided that, if at any time it appears to the Revenue-officer that the question between any two of the parties of whom one is so joined with others cannot conveniently be so jointly tried, he may order a separate trial to be held of that question, or he may pass such order, in accordance with the Code of Civil Procedure, for the joint or separate disposal of the application as he may think fit.

Rule - 86. Inquiry and settlement of fair rents.--

(a)      On the date fixed for the settlement for fair rents, or any subsequent date to which the proceeding may be adjourned the Revenue-officer shall read aloud, or cause to be read aloud in his presence, the name of each tenant whose rent has to be settled, the area of his tenancy, and the existing rent, and shall then proceed to settle a fair rent under the provisions of section 105.

(b)      Where a landlord or tenant does not attend, after due service of notice has been proved, the procedure may be ex-parte.

(c)      Where a landlord or tenant appears and the fair rent is not settled under sub-section (5) or sub-section (6) of section 105, that is, by the acceptance by the parties of a rent proposed by the Revenue-officer, or compromise, the Revenue-officer shall record evidence in the "manner prescribed in clause (f) of section 148 of the Bihar Tenancy Act, 1885, for the trial of rent-suit, and shall settle a fair and equitable rent according to law:

Provided that in important cases the Revenue-officer may, in his discretion, record evidence at length.

(d)      When a fair rent has been settled under these rules, it shall be entered in the khatian as the rent payable in respect of the holding from the date prescribed by section 110.

Rule - 87. Entry of fair rent to be held to be decree.--

It shall not be necessary for a Revenue officer to draw up a separate decree with regard to the fair rent settled; but the entry made in his decision or schedule attached thereto with regard to the fair rent settled shall be held to be a decree.

Rule - 88. Manner of dealing with proceeding under sections 105A and 106.--

Proceedings under sections 105A and 106 of the Bihar Tenancy Act, 1885, as amended by Bengal Act I of 1907, shall be dealt with in all respects as suits between the parties.

Rule - 88A. Government notification no. 2799R-IIT-26, dated the 28th May, 1917.--

Notwithstanding anything in these rules, the procedure prescribed in clause (ff) of section 148 of the Bihar Tenancy Act, 1885 (Act VIII of 1885), in respect of the trial of the rent suits, shall be applicable, mutatis mutandis, to proceedings under sections 104, 105A or 106 of that Act.

K-- Correction of bona fide omission or mistakes in the Record-of rights.

Rule - 89. Application for correction of errors.--

Rule - 89A. Notice to the parties concerned and enquiry before correction of bonafide or material error in record-of-rights under section 107A.--

(a)      Before holding an enquiry under section 108A, the Collector or the Revenue-officer specially empowered by the State Government, as the case may be, cause to be served on the parties concerned a notice containing the particulars of the error in the record-of-rights proposed to be corrected, at least fourteen days before the date fixed for the enquiry.

(b)      The parties concerned will have the rights to file written statements and to adduce evidence, both oral and documentary, in support of their claims, only a memorandum of the evidence shall be recorded.

Rule - 90. Final report and particular thereon.--

The State Government may, if it thinks fit, direct that a final report be written in English for each village and each local area under survey.

The report for the village shall show --

(a)      the number of the tenants of each class, with the area held and rental paid by them;

(b)      the area and classification of the village lands;

(c)      the rental before settlement, and according to settlement, and the number of fair rents settled with explanation of increase or decrease;

(d)      when settlement of land revenue is being made, the amount of Government revenue, before and after resettlement, grounds of assessment, and comparison of gross assets with new assessment;

(e)      the rates of rent prevailing before settlement, and the rates settled, if any;

(f)       proximity to markets, and facilities for irrigation;

(g)      village customs, including customs as to payment of village officials; (h) arrangements made for maintenance of record; and

(h)     other matters deserving of notice which have been excluded from the record-of-rights.

The report for the whole area under survey shall contain the following particular: --

(i)?? ?General description of the tract.

(ii)?? ?Its fiscal history,

(iii) ??Statistical results.

(iv) ??Comparison of condition of the tract as regards rentals before and after survey.

(v) ???Financial results, including approximate division of expenses under the heads --

(a)      Survey,

(b)      Records-of-rights, and

(c)      Preparation and distributor of records.

Applications under section 103 for Survey and Record-of-rights.

Rule - 91. Applications under section 103 to be made to Collector.--

These applications shall be made to the Collector of district.

Rule - 92. Particulars to be specified in such applications.--

The application shall specify --

(a)      the status of the applicant, viz. whether he is a proprietor or a tenure-holder;

(b)      the particulars specified in section 102 of the Bihar Tenancy Act, in respect of which the application is made; and

(c)      the number of tenants occupying the estate or tenure or part thereof in respect of which the application is made, the total rent payable by them at the time, and the estimated area covered by the application (so far as applicant is able to give these particulars).

Rule - 93. Further particulars in application by proprietors and tenure-holders.--

(a)      If the application is made by a proprietor, it shall not be admitted unless the name of the applicant and the extent of his interest are registered under Bengal Act VII of 1876.

(b)      If the application is made by a tenure-holder, it shall not be admitted unless the right of the tenure-holder and the extent of his interest are admitted by the superior landlord or are proved to the satisfaction of the Collector.

Rule - 94. Submission of application to Commissioner.--

On receipt of the application, the Collector shall forward it to the Commissioner with any remarks which he may think necessary.

Rule - 95. Power of Commissioner to call for further particulars or amendment.--

The Commissioner may call for further information or may require the application to be amended.

Rule - 96. Procedure of Commissioner.--

Reference to Board.--If the Commissioner considers that the application cannot be granted with advantage to the interest of all persons concerned, he may reject it. If he approves it, he shall forward the application with an expression of his opinion for the orders of the Board of Revenue.

Rule - 97. Record of reason for rejection of application.--Appeal to Board.--

A Commissioner rejecting an application shall record his reason for doing so, and the applicant, if dissatisfied with the order, may appeal within one month to the Board of Revenue.

Rule - 98. Procedure and powers of Board.--

When an application is referred to the Board under rule 96, or an appeal is preferred under rule 97, the Board may call for further information, if necessary and shall pass such orders as it may think fit for allowing or rejecting the application.

Rule - 99. Procedure of Collector where application is allowed -- Deposit of costs.--

An soon as an application is allowed, the Collector shall call upon the applicant to deposit 8 annas per acre of the estimated extent of the estate or tenure or part thereof in respect of which the application has been allowed. If the Collector is unable to estimate the area, he shall require a deposit at the rate of Rs. 2 for each tenant. If the amount does not exceed Rs. 500, the applicant must deposit the whole amount in advance. If it exceeds Rs. 500, the applicant shall deposit the sum of Rs. 500 and shall give such security as the Collector may require for the payment of the balance of the deposit in such instalments as the Collector may from time to time demand.

If the amount deposited as above proves more than sufficient to cover the cost of the proceedings, the unexpended balance will be refunded on their termination.

If the amount deposited proves insufficient to cover the cost, the applicant shall, when required by the Collector, deposit from time to time such further sums as the Collector may think necessary for the completion of the proceedings. If he shall fail to do so, the proceedings may be stopped and the order allowing the application cancelled.

Rule - 100. Revenue officer to follow rules framed for guidance of officers acting under section 101.--

In conducting the operations, the Revenue officer shall proceed in accordance with the rules for the guidance of officers acting under orders made under section 101.

CHAPTER VII

GENERAL SCALE OF FEES

Rule - 101. Fees for service of notice.--

Rule - 102. Fees where notice directed to several persons in different villages.--

Where such notices are directed to several persons resident in different villages, a fee of rupee one and annas seven shall be levied for service in each village.

Rule - 103. Additional charges for railway, boat or ferry charges etc.--

In addition to above fee, the actual charge which must be incurred, if it is necessary to travel by railway or boat, or cross ferries, shall be levied from and paid by the person at whose instance the process is issued before issue of the process, if a peon carries more than one process involving charges for railway fare, boat-hire, etc., the sum leviable shall be charged, in equal shares, upon all processes so carried. The rates at which such boat-hire is to be charged shall be the same as those fixed for criminal processes under Rule VII of the rules prescribed by the High Court under clause (2) of section 20 of Act VII of 1870, and shall be sufficient only to cover, on the whole, the actual cost of hiring boats, or of such boat establishment as it may be necessary to maintain for the purpose of serving processes of these classes.

Rule - 104. Demurrage for detention of peon.--

If a peon is detained at the place of service for more than 24 hours at the request of the person at whose instance the process was issued, or of his agent, such person or agent shall then and there pay demurrage at the rate of 5 annas a day and obtain a receipt from the peon. Unless this demurrage is paid, the peon shall decline to wait. No demurrage shall be charged if the delay was not due to the person requiring the process or to his agent.

Rule - 105. Fees for deposit of rent.--

For deposits of rent under section 61 (2), fees shall be levied according to the following scale.--

for each complete sum of Rs. 25 and 4 annas for the remainder provided that, if the remainder does not exceed Rs. 10, the charge for it shall be only two annas:

Provided, also, that in no case shall the fee exceed the sum of Rs. 5.

Rule - 106. Distraint of crops.--

The following scale of charges is prescribed for the costs of distraint and sale to be paid under section 134: --

(a)      (i) For each peon deputed under sub-section (2) of section 124 to effect the distraint and to ensure safe custody, where such peon is left in charge of the produce - 6 annas a day and in addition, the actual expenses of the journey to the place where, the produce lies;

(ii) where a ministerial officer, e.g., the Nazir or the NaibNazir, is deputed, an amount equivalent to his pay for the number of days of his actual employment in connection with the distraint and sale and in addition, travelling allowance according to Bihar Service Code for the journey to the place where the produce lies;

(b)      any other expense actually incurred, e.g., the cost of proclaiming the contents of the notice by beat of drum under rule 128;

(c)      in respect of action taken under clause (2), section 126 for, the reaping, storing or preservation of the crop distrained - 4 annas a day for every person employed on such reaping, storing or preservation, and, in addition, the actual hire of the thrashing floor or store-house, if necessary.

CHAPTER VIIA

RULES (107-112) RELATING TO THE TRANSFER OF OCCUPANCY HOLDING OR PORTIONS THEREOF UNDER THE DEFUNCT SECTIONS 26-B TO 26-O OMITTED BY THE BIHAR GOVERNMENT, REVENUE DEPARTMENT, NOTIFICATION NO. 3025 - IIT-154/39, DATED THE 22ND APRIL, 1939.

FORMS OF APPLICATION UNDER SUB-SECTION (1) OF SECTION 112-A: THE PROCEDURE TO BE FOLLOWED BY THE COLLECTOR IN EXERCISE OF THE POWERS CONFERRED ON HIM BY SECTION 112-A, AND THE AUTHORITY TO WHOM THE APPEAL SHALL LIE UNDER SECTION (1) OF SECTION 112-B.

Rule - 113. Forms of applications.--

Applications under section 112A (1) (a) or (b) shall be in Form 32, under section 112 - A (1) (c) in Form 33, under section 112A (1) (d) in Form 34 and under section 112-A (1) (e) in Form 35.

Rule - 114. Application of rules in Chapter VI to applications under section 112-A.--

Rules 82, 83, 84, 85, 87, and 88 A of these Rules shall apply as may be to applications under section 112A.

Rule - 115. Notice in Form 14-A: when and where to be served.--

When the Governor has issued a notification under sub-section (1) of section 112-A directing that a settlement of the rents of the occupancy holding situated in any area or of any classes of occupancy holdings situated in any area shall be made, the Collector shall serve a notice by proclamation and beat of drum and by posting it in the presence of not less than two persons in some conspicuous place in each village in the area specified in such notification. The notice shall be in Form 14-A and shall state that on the date and place specified therein the Collector will settle the rents of all occupancy holdings in the village named in the notice or of the class or classes of occupancy holdings in the said village which are specified in the notice. Such notice shall be served at least one month previous to the date fixed for settlement of rents.

Rule - 116. Collector to settle rents and to pass orders on applications.--

On the date fixed for the settlement of rents or for hearing of applications under section 112-A or on any subsequent date to which the proceedings may be adjourned, the Collector shall proceed to settle rents to pass orders on the applications.

Rule - 117. When the procedure should be ex-parte.--

If the landlord or a tenant of any occupancy holding referred to in the notice served under Rule 115 does not attend after service of the said notice has been proved, the procedure may be ex-parte.

A special notice to be served when the existing rent is proposed to be altered.--Provided that when the Collector proposes to alter the existing rent of any occupancy holding and the parties have not attended in compliance with the notice served under Rule 115, the Collector shall serve on each person interested a special notice, and the rent of such holding shall not be altered in the absence of such person until after the service of such special notice has been proved.

Rule - 118. Evidence to be recorded.--

Where a landlord or tenant appears the Collector shall record evidence in the manner prescribed in clause (f) of section 148 of the Bihar Tenancy Act, 1885, for the trial of rent suits:

Provided that in important cases the Collector may in his discretion record evidence at length.

Rule - 119. Notice in Form 14B to be served before commutation of rents under section 112-A (3).--

(a)      When the Governor has by a notification under sub-section (3) of section 112-A directed that there shall be commutation of the rents of the occupancy holdings or any class of occupancy holdings situated in any area the Collector shall serve a notice by proclamation and beat of drum and by posting it in the presence of not less than two persons in some conspicuous place in each village in the said area calling for applications for commutation. The notice shall be in Form 14- B and shall state the date before which and the place at which the application shall be filed.

Another notice in Form 14-C to be served.--(b) After the date specified in the notice issued under clause (a), the Collector shall serve another notice by proclamation and beat of drum and by posting ii in the presence of not less than two persons in some conspicuous place in each village in the said area. The notice shall be in Form 14-C and shall state that on the date and at the place specified therein the Collector will proceed to commute to money rent the rents of all occupancy holdings in the village which are specified in the said notice.

Rule - 120. Notice in Form 14-C-when to be served.--

The notice referred to in clause (b) of Rule 119 shall be served at least one month previous to the date fixed for commutation of rents.

Rule - 121. On the date fixed, the Collector may determine the money rent.--

On the date fixed for the commutation of rents, the Collector may proceed to determine the sum to be paid as money rent in respect of the occupancy holding mentioned in the notification and may order that the raiyat of any such holding shall in lieu of paying his rent in kind or in any of the other ways specified in sub-section (1) of section 40, pay the sum so determined.

Rule - 122. Appeal from an order under section 112-A to lie to the Commissioner.--

An appeal he from an order passed under section 112-A by the Collector of the district to Commissioner of the Divisions.

Rule - 123. Appeals under section 121 - B-- How to be disposed of.--

An appeal under section 112-B shall be heard and disposed of in the same manner as appeals against the order of a Revenue Officer passed under sub-section (3) of the section 104-B or section 104- E.

A landlord may, in any appeal under section 112-B, join as respondents any number of tenant occupying land under him and recorded in the same khewat entry in the same village, if the grounds of appeal against all such tenants are identical; and any number of such landlord, if the ground of appeal of all such tenants against the landlord are identical:

Provided that if at any time it appears to the Collector or to the Commissioner, as the case may be, that the question between any of the parties of which one is so joined with the others cannot conveniently be jointly heard he may order a separate hearing of the appeal in which such question arises.

[16] [Rule - 124. A Collector acting under Section 112-A has the powers of a Civil Court under the Code of Civil Procedure, 1908.--

Every Collector acting in exercise of the powers under section 112-A shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, in respect of enforcing the attendance of any person and examining him on oath or affirmation and compelling the production of documents.

APPEALS UNDER SECTIONS 40 AND 58.

Rule - 125. Appeal from an order under section 40 (5) to be to the Commissioner.--

(1)     An appeal shall lie from an order passed under sub-section (5) of section 40 by the Collector of a district to Commissioner of the Division.

(2)     Procedure for appeals under section 70.--An appeal under section 43 shall be heard and disposed of in the same manner as appeals against an order made in an ordinary revenue proceedings.

Rule - 126. Appeal shall lie from an order under section 58 (3) or 58 (5) passed by any officer other than the Collector to the Collector and from an order passed by the Collector to the Commissioner of Division.--

An appeal shall lie from an order passed under sub-section (3) or under sub-section (5) of section 58 by any officer other than the Collector of a district exercising the power of a Collector, to the Collector of a district and from an order passed under the aforesaid sub-section (3) or sub section (5) by the Collector of a district, to the Commissioner of the Division.

NOTE.--Under Government notification no. 2446- L.R., dated the 22nd August 1910, published on page 1198, Part I of the Calcutta Gazette, 1910, all sub-divisional officers have been empowered to discharge the functions of a Collector under section 58.

DISTRAINT.

Rule - 127. Particulars to be contained in the statement accompanying the order of the Court sent to the Collector for execution.--

A copy of the order of the court sent to the Collector for execution under subjection (1) of section 124 shall be accompanied by a statement containing all the particulars specified in clauses (a) to (g) of sub-section (1) of section 122.

Rule - 128. Manner of publishing the notification of distraint mentioned in section 124 (2).--

(1)     The notification of distraint mentioned in sub-section (2) of section 124 shall be published by posting in a conspicuous part of the holding, or other place, in which the produce is, and in the presence of not less than two persons in addition to the agent of the distrainer who points out the crop or other produce, a notice that such produce has been distrained, and by proclaiming at the same time the contents of the notice by beat of drum.

(2)     Form and language of the notice.--The notice shall be in Form 20 and shall be written in the vernacular of the district.

JUDICIAL PROCEDURE FOR THE RECOVERY OF RENT BY SUIT

Rule - 129. Notice under section 148 (g) to be in Form 21.--

The notice referred to in clause (g) of section 148 shall be in Form 21 and shall contain the particulars given in the said form.

[20] [Rule - 129A.Manner of dealing with proceeding under Section 158.--

(1)     Proceedings under sub-section (1) of Section 158 of the Bihar Tenancy Act, 1885 (Act VIII of 1885) shall be dealt with in all respects as suits between the parties.

(2)     An appeal from an order made under sub-section (1) of section 158 shall lie --

(a)      if the order was made by an officer other than the Collector of a district to the Collector of the District or to any other officer as may be specially empowered by the State Government by notification to hear such appeals whose decision thereon shall be final.

(b)      if the order was made by the Collector of a district or by any other officer specially empowered by the State Government in this behalf to the Commissioner of the Division, whose decision shall be final.

(3)     Every such appeal shall be presented within thirty days from the date of the order appealed against.

Rule - 130. Application under section 158 AA to be in Form 22.--

An application under sub-section (1) of section 158 AA shall be in Form 22 and shall contain the particulars given in the said form.

CHAPTER VIII

In exercise of the power conferred by sub-section (1) of section 189A of the Bihar Tenancy Act, 1885 (VIII of 1885), as amended by the Bihar Tenancy (Amending and Validating) Act, 1920, the Board of Revenue is pleased to authorise --

Every Collector of a district and every Revenue Officer appointed under the designation of "Settlement Officer" to transfer any suit or other proceeding, original or otherwise, under the provisions of the Bihar Tenancy Act, 1885, from the file of any subordinate officer to the file of any other subordinate officer who is duly authorized to entertain or decide suits or other proceedings under such provision.