Rule - 1. Short title and commencement.--

(1)     These Rules may be called the Bihar Land Reforms Rules, 1951.

(2)     They shall come into force at once.

Rule - 2. Definitions.--

In these Rules, unless there is anything repugnant in the subject or context:?

(a)      "The Act" means the Bihar Land Reforms Act, 1950;

(b)      "Form" means a form set out in the Schedule;

(c)      "Section" means a Section of the Act;

(d)      "Schedule" means a schedule appended to these Rules;

(e)      All words and expressions used in these Rules and not defined in these Rules but defined in the Act shall respectively have the same meanings as assigned to them in the Act.

Rule - 3. Mode of service of notice or Order.--

(1)     Unless otherwise provided in the Act, any notice or order required to be served under the provisions of the Act shall be served by delivering or tendering a copy thereof duly signed and sealed, to the person on whom it is to be served or to his duly authorised agent or to his agent in charge of the estate or tenure or part thereof to which the notice or order relates. A copy of every such notice or order shall be affixed to the notice boards of the offices of, the Collector of the district from which the notice is to be issued and of, the Collector of the district in which the notice is to be served.

(2)     Where the person on whom the notice or order is to be served and his agent in charge of the estate or tenure to which the notice or order relates cannot be found and where such person has no agent empowered to accept service of notice or order on his behalf, service may be made on any adult member of the family of such person residing with him.

(3)     Where the serving officer delivers or tenders a copy of the notice or order to the person to be served with such notice or order personally or to an agent or other person on his behalf, he shall require the signature of the person to whom the copy is so delivered or tendered to an acknowledgement of service to be endorsed on the original notice or order.

(4)     Where the person to be served with notice or order or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the serving officer after using all due and reasonable diligence cannot find the person to be served with the notice or order and there is no agent empowered to accept service of notice or order on his behalf, or any other person on whom service can be made, service may be made by affixing a copy of the notice or order on the outer door or some other conspicuous part of the house in which the person to be served with the notice or orders ordinarily resides or carries on business or personally works for gain or on the outer door of the office or cutchery of the estate or tenure to which the notice or order relates.

The serving officer shall, in all cases in which the notice or order has been served under this sub-rule endorse or annex, or cause to be endorsed or annexed, on or to the original notice or order a return stating the date on which and the manner in which the notice or order was served and the names and addresses of two persons witnessing the service.

(5)     Notwithstanding anything contained in the foregoing sub-rules the Collector may, if he thinks fit, order that the notice or order shall be served?

(i)       by sending a copy thereof, duly signed and sealed by registered post with acknowledgment due to the person on whom such notice or order is to be served; or

(ii)      if the notice or order relates to any estate or tenure, by affixing such notice or order to a conspicuous place in the estate or tenure to which the notice or order relates. In the case referred to in clause (i) of sub-rule (5), the posting of the notice or order shall be sufficient proof of the service of such notice or order on the person concerned.

In the case referred to in clause (ii) of sub-rule (5), a return by the serving officer stating the date of such service attested by two persons shall be sufficient proof of the service of notice or order on the person concerned.

(6)     Where the person to be served with a notice or order under the Act is a minor or a person of unsound mind, the service shall be made in the aforesaid manner on the guardian of such minor or person of unsound mind, as the case may be.

Unless otherwise provided in the Act or the Rules, any general or public notice or order required to be served under the provisions of the Act or the Rules shall be served by affixing a copy of it in the presence of not less than two persons at some conspicuous public place where the property concerned is situated. The publication of the notice shall also be announced by the beat of drum in the place where it is published.

The serving officer shall in such case endorse or annex, or cause to be endorsed or annexed on or to the original notice a return stating the date on which, and the manner in which the notice was published and the names and addresses of the two persons witnessing or attesting the publication].

A notice under clause (g) of Section 4 shall be in Form A, the notices under cause (h) of Section 4 shall be in Forms B, B(1) and B(2), notices under clause (hh) of Section 4 shall be in Forms B(3) and B(4) and the notice under clause (i) of Section 4 shall be in Form C.

The notices in Forms A, B (1) B(2), B(4) and C shall be served in the manner provided in Rule 3, and the general notice in Forms B and B(3) shall be served in the manner provided in Rule 3-A.

The procedure to be followed by the appellate authority in disposing of appeal under the proviso to clause (cc) of Section 4, proviso to clause (g) of Section 4, first proviso to clause (h) of Section 4, the proviso to clause (hh) of Section 4 and Section 8 shall, so far as may be, be the same as is provided for civil appeals in the Rules under Order XLI of the Code of Civil Procedure 1908.]

An appeal against an order of the Collector under the proviso to clause (cc) of Section 4, the first proviso to clause (h) of Section 4 and under the proviso to clause (hh) of Section 4 shall lie,?

(i)       if such order is passed by any officer below the rank of the Collector of a district, to the Collector of district; and

(ii)      if such order is passed by the Collector of the district, to the Commissioner of the Division.

Rule - 5. Determination of fair and equitable rent under Section 5,?

In determining the ground rent payable by a proprietor or tenure-holder under the proviso to sub-section (i) of Section 5 for homesteads which are used -by such proprietor or tenure holder for the purpose of letting out on rent, the Collector shall have regard to the average rent payable by occupancy raiyats as rent in respect of homesteads of a similar description and with similar advantages in the vicinity or, where no such homestead exists, to the average rent payable by occupancy raiyats in respect of the land of similar description and with similar advantages in the vicinity.

The expression 'average rent' shall mean the average of ground-rents which were paid during the previous agricultural year for homestead lands of a similar description and with similar advantages in the vicinity or, where no such homestead lands exist, the average of money-rent which were paid by occupancy raiyats during the previous agricultural year for lands of a similar description and with similar advantages in the vicinity.]

Rule - 6. Determination of fair and equitable rent under Section 6.--

In determining the rent payable by a proprietor or tenure-holder in respect of lands left in his possession under Section 6, the Collector shall have regard to the average rate of rent payable by occupancy raiyats for lands of a similar description and with similar advantages in the vicinity.

The expression 'average rate of rent' shall mean the average of money-rents which were paid during the previous agricultural year by occupancy raiyats for lands of a similar description and with similar advantages in the vicinity.]

In determining fair and equitable ground rent.--

(i)       payable by a proprietor or tenure-holder under Section 7 in respect of lands on which buildings or structures other than buildings used primarily as office or Kutcheries and, or (ii) payable by the owner of an industrial undertaking who is a settlee as mentioned in Section 7-D or Section 7-F in respect of lands and buildings or structures therein, which are the subject-matter of such settlement, the Collector shall have regard to the average rate of rent payable by tenants for lands, buildings or structures of a similar description and with similar advantages in the vicinity:

Provided that if no lands, buildings or structures of similar description and with similar advantages be available in the vicinity of the lands, buildings or structures of the class mentioned in clause

(ii)      the Collector shall determine fair and equitable ground rent on the basis of the average rate of rent prevailing in other parts of the town or village in which the concerned land  belonging to the industrial undertaking is situate.

Explanation.--The expression 'average rate of rent' shall mean the average of money rents which where paid for lands of a similar description and with similar advantage in the vicinity.

For the purpose of determining fair and equitable rent and ground rent in respect of certain lands or buildings deemed to be settled with a proprietor or tenure-holder under Sections 5, 6, 7, 7-D and 7-F, the Collector shall observe the procedure laid down in Rules 7-B to 7(l).]

(i)       The Collector may, on receipt of a report, or of his own motion, by a written order served in the manner provided in Rule 3, require each outgoing proprietor or tenure holder of an estate or an industrial undertaking of an estate or tenure vested in the State to file an application before him in Form K furnishing therein a complete and accurate statement and description of all such lands lying with his jurisdiction, as may be deemed to have been settled by the State with such proprietor or tenure-holder or the industrial undertaking under Sections 5,6,7.7-D and 7-F, determination of fair and equitable rent or ground rent thereof.]

(ii)      An outgoing proprietor or tenure-holder of an estate or tenure vested in the State may, of his own motion, and without being so required by the Collector by an order referred to in sub-rule (i) above, file such application before the Collector furnishing the particulars prescribed in Form K.

(iii)     An application under sub-rule (i) or (ii) above shall for the purposes of fees payable under the Court-fees Act, 1870 be deemed to be an application referred to in the second paragraph of clause (b) of Article 1 of Schedule II to the said Act and shall also be verified in the manner prescribed for verification of a plaint under the Code of Civil Procedure, 1908 by the applicant or his agent duly authorised in this behalf.

^[11] [iv) If an outgoing proprietor or tenure-holder or industrial undertaking of an estate or tenure vested in the State fails to file an application in Form K under sub-rule (i) or (ii), Collector may, of his own motion, take such action as may be deemed necessary for obtaining complete and accurate information for the purpose of determining fair and equitable rent and ground-rent, under Sections 5, 6, 7, 7-D and 7-F.]

Rule - 7-C. Settlement proceeding to be started in each case?Register 8 (Miscellaneous cases).--

Rule - 7-D. General notice?Mode of service?Form L.--

(ii)      A general notice prescribed in sub-rule (i) shall be served by posting a copy of it in the presence of not less than two persons at some conspicuous place in each village comprising the lands under settlement as well as by beat of drum. Such notice shall be served at least fifteen days previous to the date fixed for enquiry.

(iii)     The serving officer shall, in such a case, endorse or annex or cause to be endorsed or annexed, on or to the original notice a return stating the date on which, and the manner in which, the notice was served and the names and addresses of two persons witnessing or attesting the service.

Rule - 7-E. Holding of enquiry, irrespective of any claim or objection? Preparation of a report?Particulars to be included in the report?

(i)       Description and extent of the homesteads, referred to in the proviso to sub-section (1) of Section 5, which are found on enquiry to have been used by the outgoing proprietor or tenure-holder for the purpose of letting out on rent, together with the average rate of ground rent which the Enquiry Officer considers to be fair and equitable.

(ii)      Description and extent of lands used for agricultural or horticultural purposes, referred to in sub-section (1) of Section 6, which are found on enquiry to have been in Khas possession of the outgoing proprietor or tenure-holder on the date of vesting together with the average rate of rent which the Enquiry officer considers to be fair and equitable.

(iii)     Description and extent of the proprietor's private land under a temporary lease in conformity with the provisions of Section 116 of the Bihar Tenancy Act, 1885, referred to in clause (a) (i) of sub?section (1) of Section 6, together with the average rate of rent which the Enquiry Officer considers to be fair and equitable;

(iv)    Description and extent of the landlord's privileged lands under a temporary lease in conformity with the provisions of Section 43 of the Chhota Nagpur Tenancy Act, 1908 together with the average rate of rent which the Enquiry Officer considers to be fair and equitable;

(v)      Description and extent of lands used for agricultural or horticultural purposes, referred to in clause (b) of sub-section (1) of Sec. 6, which are found on enquiry to have been held under the direct possession of a temporary lessee of the estate or tenure, together with the average rate of rent which the Enquiry Officer considers to be fair and equitable;

(vi)    Description and extent of lands used for agricultural or horticultural purposes and in the possession of a mortgagee, referred to in clause (c) of sub-section (1) of Section 6, which are found on enquiry to have been in Khas Possession of the outgoing proprietor or tenure holder immediately before the execution of the mortgage bond, together with the average rate of rent which the Enquiry Officer considers to be fair and equitable;

^[15] [(vii) Description and extent of buildings or structure together with the lands on which they stand, other than any buildings used primarily as office or Cutchery, referred to in sub-section (1) of Section 7 or Section 7-D or Section 7-F, which are found on enquiry to have been in possession of the outgoing proprietor or tenure-holder or as the case may be of the industrial undertaking or other industrial unit of the vested estate, at the commencement of the Act and sub-section (1) of Section 7-D or Section 7-F before the 1st day of January, 1946, together with the average rate of ground-rent which the Enquiry Officer considers to be fair and equitable.]

Rule - 7-F. Disposal of claims or objections, if any.--

Where any claims or objections are filed the Collector shall personally or through a Gazetted Officer, enquire into such claims or objection prepare a report of his finding and the decision which he makes in accordance with the provisions of sub-section (2) of Section 5, sub-section (2) of Section 6, or sub-section (2) of Section, 7, as the case may be.

Rule - 7-G. Fixation of fair and equitable rent or ground rent under Rules 5, 6 and 7.--

The Collector shall consider the report of enquiry held under Rule 7-E or 7-F and pass an order fixing the fair and equitable rent or ground rent under Rules 5, 6 and 7, as the case may be, if it is proved to his satisfaction that?

(i)       The homesteads referred to in the proviso to sub-section (1) of Section 5 were used by the outgoing proprietor or tenure-holder for the purpose of letting out on rent;

(ii)      the lands referred to in sub-section (1) of Section 6 were in Khas possession of the outgoing proprietor or tenure-holder on the date of vesting;

(iii)     the proprietor's private lands or privileged lands or other lands let out under a temporary lease referred to in clauses (a) or (b) of sub?section (1) of Section 6, were in the possession of such temporary, lessee on the date of vesting;

(iv)    the lands in the possession of a mortgagee, referred to in clause (c) of sub-section (1) of Section 6, were in the possession of such mortgagee on the date of vesting.

^[16] [(v) The buildings or structures together with the lands on which they stand referred to in sub-section (1) of Section 7, or in Sections 7-D and 7-F, which were in Khas possession of the outgoing proprietor or tenure-holder or industrial undertaking or other industrial unit of the vested estate, at the commencement of the Act, and were used by such proprietor or tenure-holder or industrial undertaking or other industrial unit as Golas, factories, or mills or for other purposes referred to in sub-section (1) of Section 7 or Section 7-D or Section 7-F before the first day of January, 1946.]

Rule - 7-I. Preparation of Rent-roll?Form M.--

The fair rent or ground rent determined under these Rules in each proceeding together with the requisite particulars shall be entered in Form M Rent-roll under the signature of the Collector. Such Rent-roll shall form a part of the case record to which it relates.

In any area where the record-of-rights is being prepared under Chapter X of the Bihar Tenancy Act, 1885, the fair and equitable rent or gound-rent of any land payable under Sections 5, 6 or 7 may, notwithstanding anything contained in Rules 5 to 7 and Rules 7-A to 7-I be settled under Section 109-C of the said Act,]

(1)     An appeal against an order of the Collector under Section 5(2) or Section 6 or 7 shall lie?

(i)       if such order is passed by any officer below the rank of an Additional Collector, to Additional Collector;

(ii)      if such order is passed by any Additional Collector, to the Collector of the district; and

(iii)     if such order is passed by the Collector of a district, to the Commissioner of the division.]

(2)     The procedure to be followed by the Appellate Authority in disposing of appeals under sub-rule (1) shall, so far as may be, the same as is provided for civil appeals in the Rules under Order XLI of the Code of Civil Procedure, 1908.

(1)     A substance of the oral evidence tendered before the Tribunal shall be recorded by the Chairman in the English language and shall form part of the record.

(2)     On the day fixed for the hearing of the case or any other day to which the hearing may be adjourned, the proprietor or tenure holder shall briefly state his case and produce evidence in support of his case. The Collector or his representative shall then state his case and produce evidence, if any, and may then address the Tribunal generally on the whole case. The party beginning may then reply generally on the whole case:

Provided that the Tribunal may admit any evidence at any stage before pronouncing the award.

(3)     The Tribunal shall, after hearing the case, proceed to make its award or order either at once or on some future date to which the case may be adjourned.

(4)     If on any matter there be no procedure prescribed by the Rules, the procedure laid down in the Code of Civil Procedure, 1908, applicable to a suit, shall be followed by the Tribunal.

Rule - 10. Manner of notification of claims by creditors?[Section 14].--

(i)       name and address of the creditor;

(ii)      name and address of the proprietor or tenure-holder, as the case may be;

(iii)     amount of the principal advanced;

(iv)    number of Tauzi and Khewat number of the estate or tenure mortgaged or charged (if a part of an estate or tenure is mortgaged or charged, the share mortgaged or charged should be stated here);

(v)      a certified or true copy of the document forming the basis of the claim;

(vi)    the amount of interest or the total of the profits from the mortgaged property already realised by the creditor and time or times of realisation of such interests or profits; and

(vii)   any other particulars which may be necessary for the determination of the claim. (2) The petition of claim shall be filed in duplicate and shall be verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of plaints.

Rule - 11. Determination of amount due to creditor.--[Section 16].

(2)     If the claim is not admitted, the Claims Officer shall give reasonable opportunities to both the parties for producing evidence and of being heard and then proceed to determine the principal and interest in the manner provided in sub?section (2) of Section 16. If the proprietor or tenure-holder fails to submit his written statement without any just or reasonable ground within the period allowed by sub-rule (1), the Claims Officer may proceed to determine the claim ex-parte.

(3)     The Claims Officer shall record a summary of the evidence tendered and briefly state the reasons for coming to a decision regarding the principal amount and interest.

(4)     Save as is otherwise expressly provided in these Rules, the Claims Officer shall, in hearing and disposing of claims filed under Section 14, follow, so far as may be, the same procedure as is provided in the Code of Civil Procedure, 1908, for the hearing and disposal of suits;

Rule - 12. Rate of interest admissible under Section 16(2)(e).--

The rate of interest admissible under clause (e) of sub-section (2) of Section 16 shall be as follows, namely:?

(a)      3 Per centum per annum simple interest, if the principal ascertained exceeds Rs. 50,000 but in no case shall the amount of interest calculated on any such principal be less than the amount calculated on any such principal under clause (b);

(b)      4 per centum per annum simple interest, if the principal ascertained exceeds Rs. 10,000 but does not exceed Rs. 50,000, but in no case shall the amount of interest calculated on any such principal be less than the amount calculated on any such principal under clause (c);

(c)      5 per centum per annum simple interest, if the principal ascertained exceeds Rs. 5,000 but does not exceed, Rs. 10,000, but in no case shall the amount of interest calculated on any such principal be less than the amount calculated on any such principal under clause (d);

(d)      6 per centum per annum simple interest, if the principal ascertained is Rs. 5,000 or less than Rs. 5,000.

(1)     Where the interest of an intermediary is subject to a mortgage or charge, the Claims Officer shall, immediately after the creditor holding such mortgage or charge submits his claim in writing in respect thereof to the Claims Officer under Section 14(1), send an intimation of the claim to the Compensation Officer concerned with a copy of the petition of claim filed by the creditor before the Claims Officer under Rule 10.

(2)     On receipt of the intimation about any claim under sub-rule (1) the Compensation Officer shall communicate to the Claims Officer concerned the amount of compensation tentatively determined by him in respect of such interest, and shall not finally determine the amount of compensation in respect there of till the amount of debt payable to the said creditor, or if there are more than one creditor, the amount of debt payable to each creditor, under Chapter IV of the Act, is communicated to him by the Claims Officer under sub-rule (3) for the purpose of adjustment under Section 24(5).

(3)     For the purpose of ensuring that the total amount of debt payable under Chapter IV of the Act does not exceed the amount of compensation payable in respect of such interest, as provided in Section 24(5) the Claims Officer shall communicate to the Compensation Officer concerned the amount of principal and interest, if any, payable to the creditor or if there are more than one creditor, the amount of principal and interest, if any, payable to each creditor in respect of such interest under Chapter IV that may have been tentatively determined by him, keeping in view the amount of compensation tentatively determined by the Compensation Officer and communicated by him to the Claims Officer under sub-rule (2).]

Rule - 13. Disposal of appeals under sub-section (2) of Section 18.--

In hearing and disposing of appeals filed under Section 17, the Board shall so far as may be, follow the same procedure as is provided in the Rules under Order XLI, of the Code of Civil Procedure, 1908 for the disposal of Civil appeals.

(1)     The rent shall be determined under paragraph (ii) of clause (2)(b) of Section 22 in respect of Gairmazrua Khas, or Gairmazrua malik or party lands appertaining to an estate or tenure of a proprietor or tenure-holder vested in the State on the basis of the rents recorded by the lowest class of land in the last survey settlement records and where there is no such records, shall be fixed on the basis of the existing rental for similar lands in the vicinity.

(2)     In determining the annual rent under paragraph (iv) of clause (2) (b) of Section 22 in respect of a building or portion of a building used primarily as office or Kutchery for the collection of rents, the Collector shall after such enquiry as he deems reasonable, ascertain the annual rental according or likely to accrue for similar buildings in the vicinity. The amount thus ascertained after deducting there from a sum equivalent to 25 per cent in lieu of depreciation and cost of maintenance shall be deemed to be the annual rent for such building or portion of such building.

(3)     Where the order for the partial or entire remission of rent has been passed under clause (c) of sub-section (1) of Section 112-A of the Bihar Tenancy Act, 1885, or under clause (c) or clause (d) of Section 33-A of the Chota Nagpur Tenancy Act, 1908, in respect of any land the average rent payable for the land during the ten agricultural years preceding the agricultural year in which the date of vesting falls shall be deemed to be the rent determined for the land under paragraph (v) of sub-section (b) of clause (2) of Section 22:

Provided that the "average rent" in respect of any land affected by the Kosi floods shall be deemed to be 50 per cent of the annual rent payable before abatement unless the landlord proves that the average rent realised by him during the period of twenty years preceding the agricultural year in which the date of vesting falls is more than 50 per cent of the annual rent payable before abatement and in that case the average annual rent realised during the said twenty years shall be deemed to be the average rent.

Rule - 15. Mode of preparation of the Compensation Assessment Roll.--

(1)     The Compensation Officer shall issue a notice in Form D to each proprietor and each tenure-holder calling upon him to file a return furnishing the particulars and information on the point specified in the said notice within a period not exceeding one month from the date of service of such notice or such further time as the Compensation Officer may allow. The net income of a proprietor or tenure-holder shall be calculated in Form E.

(2)     The Compensation Officer shall prepare Compensation Assessment Roll in Form G for each compensation-holder. If the interest of a proprietor or tenure-holder lies within the jurisdiction of more than one Compensation Officer, the Compensation Officer of the area in which such proprietor or tenure-holder re-sides or, if he is a person residing outside the State, the Compensation Officer of the area in whose jurisdiction he has the largest amount of income shall calculate the net income and prepare the Compensation Assessment Roll.

(3)     The Compensation Officer shall give reasonable opportunity to the proprietors, tenure-holders and other persons concerned to be heard and to place before him evidence before finalising the roll. He shall record a brief summary of the evidence and record his finding.

For the purposes of computing the net income under Section 23, where the gross asset of an intermediary exceeds Rs. 15,000, the cost of management shall subject to the proviso to clause (e) of sub?section (1) of the said Section be calculated at the following rates, namely:?

(1)     Where any outgoing superior landlord has filed returns in compliance with the notice (Form D) under Rule 15, or under Section 3-B(3) showing the amounts of rent and cess payable to him by his immediately subordinate tenure-holders, the Compensation Officer shall verify in each case whether these amounts have been inflated with an ulterior motive to get higher compensation. For this purpose, the Compensation Officer will find out the names of such subordinate tenure-holders and ascertain if they have also filed similar returns in respect of their own tenures. If so, the Compensation Officer will verify the amounts of rent and cess payable to the superior landlord in respect of the subordinate tenures, as  shown in the returns filed by the subordinate tenure-holders, with the amounts of rent and cess payable to the superior landlord by his immediately subordinate tenure-holders, as shown in the superior landlord's return. Where these two figures tally, it may be presumed that the amounts of rent and cess, as shown in the superior landlord's returns, are correct, and have not been inflated. But where these figures do not tally and particularly, when the superior landlord's figures are higher than those of his immediately subordinate tenure-holders, an inflation of figures as shown in the superior landlord's returns, may be presumed, and shall be enquired into, to ascertain the correct figures. In such a case, the Compensation Officer shall require, under Section 40, both the parties to file by an appointed date, the documents, viz. counterfoils of rent-receipts, jamabandis, rent-receipts, certified copies of judgments and decrees in rent suits, if any etc. on which they rely, and examine them along with the relevant Khewat-Part III and find out correct amounts of rent and cess payable to the superior landlord in respect of the subordinate tenures in question.

(2)     Where no such returns have been filed by the immediately subordinate tenure-holders, the Compensation Officer shall require them under Section 40 to produce their rent-receipts as well as other documents showing the correct amounts of annual rent and cess payable by such subordinate tenure-holders to their superior landlords. In addition, the Compensation Officer shall examine the relevant Khewat? Part III, and shall also call upon such defaulting tenure-holders to file by an appointed date, their returns in respect of their own tenures, and on receipt thereof shall proceed with the verification in the manner provided in sub-rule (1).

Rule - 16. Determination of money value of service or obligation to which an estate or tenure is subject?Section 23(1)(i)(g)?

Where an estate or tenure is held in lieu of the performance of any service or obligation ordinarily performed on payment of remuneration, or where the estate, or tenure is held burdened with any service or obligation, the service or obligation shall be commuted into cash on the basis of the average money value of such service or obligation for the last preceding ten years.

Rule - 17. Apportionment of compensation between lessees and superior land-lords under Section 24(2).--

Rule - 18. Computation of compensation for mines and minerals under Section 25 (1).--

The Compensation Officer shall issue a notice to the proprietor or tenure-holder in respect of royalties on account of mines and minerals or in respect of income from mines worked directly by him comprised in the estate or tenure, calling upon such proprietor or tenure-holder as the case may be, to file a return within 30 days of the service of the notice or such further time as may be allowed by the Compensation Officer, furnishing the following particulars, namely:?

(a)      description of mines and minerals;

(b)      boundaries of the mines;

(c)      name of the estate or tenure in which the mine is situated;

(d)      gross annual income from royalties or gross income from mines worked directly by the proprietor or tenure-holder, as the case may be, during each of the previous 12 years on the basis of the annual returns filed by the proprietor or tenure-holder, as the case may be, for the assessment of cess or income-tax during the period of 12 agricultural years preceding the agricultural year in which the date of vesting falls or any shorter period for which returns have been filed; and

Rule - 19. Computation of net income from mines and minerals and determination of compensation payable therefor?Section 25(2).--

(a)      where the gross income exceeds Rs. 50,000?10 per cent of such gross Income;

(b)      where the gross income exceeds Rs. 25,000 but does not exceed Rs. 50,000?8 per cent of such gross income;

(c)      where the gross income is Rs. 25,000 or below?4 per cent of such gross income:

Provided that the deduction shall be subject to marginal adjustment in whole rupee, so that the net income of a proprietor or tenure-holder falling within a higher income group is not reduced to an amount which is less than the amount of the net income of a proprietor or tenure-holder falling within a lower income group.

Rule - 20. Manner of calculation of compensation when the interest of proprietor or tenure-holder entitled to receive royalty or directly working a mine lies within the jurisdiction of more than one Compensation Officer.--

If the interest of a proprietor or tenure-holder entitled to receive royalty or directly working a mine lies within the jurisdiction of more than one Compensation Officer, each Compensation Officer shall fill up columns 1 to 3 (a) and columns 5 to 6(a) of Form F and the rest of the columns shall be filled up by the Compensation Officer of the area in which such proprietor or tenure-holder has the largest amount of income.

(1)     After the draft of the Compensation Assessment Roll under Sections 19, 24-A, 25 or 30-A as the case may be, has been prepared, the Compensation Officer, with the approval of such authority as may be notified by Government in this behalf shall publish the same by affixing a copy thereof together with a public notice in Form P(6) to the notice board of the office where the draft Compensation Assessment Roll has been prepared. The Compensation Assessment Roll should be published for a period of 30 clear days. The record shall be kept in charge of Compensation Officer who shall give every facility to all persons for inspecting the Compensation Assessment Roll. Any person interested in the Compensation Assessment Roll may be allowed to take relevant extracts thereof. But if any person asks for a copy of the roll, it shall be issued on payment of the charges laid down in the Bihar Records Manual, 1951. The Compensation Officer shall also invite objections within 60 days after the expiry of the period of publication.

Rule - 22. Manner of disposal of appeals under Section 27.--

In hearing and disposing of appeals filed under Section 27, the procedure laid down in Order XLI of the Code of Civil Procedure for the disposal of Civil appeals shall be followed so far as may be.

Rule - 23. Manner of final publication of Compensation Assessment Roll under Section 28.--

After all objections and appeals have been disposed of in respect of any Compensation Assessment Roll or after the period for filing an appeal has expired, the Compensation Officer shall publish the Compensation Assessment Roll by affixing it to the notice board of the office of the Sub-divisional Officer or Collector of the Sub-division or district in which the Compensation Assessment Roll has been prepared.

Rule - 24. Period within which the certificate is to be made under Section 29.--

The period within which the certificate is to be made under Section 29 shall be 30 days from the date of final publication of the Compensation Assessment Roll.

Rule - 25. Rules under Section 32 (4).--

(1)     All suits, appeals or proceedings relating to a dispute about the interest of a proprietor or tenure-holder in an estate or tenure, or part of an estate or tenure or about the partition of an estate or tenure by metes and bounds, in respect of which compensation is payable pending on the 31st March, 1948, in any Court other than the Supreme Court and remaining undisposed of at the date of vesting shall, on the application of any party to such suit, appeal or other proceeding, if filed within 60 days of the date of vesting, be stayed and all matters in dispute shall be referred to a Tribunal to be appointed by the State Government in this behalf.

(2)     As soon as the Court decides to refer a dispute to a Tribunal under sub?section (4) of Section 32, it shall give a notice of its decision to the State Government in the Revenue Department and to the parties; whereupon each party shall within a period of 30 days of the service of such notice send its recommendation to the State Government in the Revenue Department for the appointment of the member to represent it on the Tribunal.

(3)     After the Tribunal has been constituted, the fact shall be communicated to the Court concerned, whereupon the Court shall refer the dispute to the Tribunal and shall at the same time transmit the record of the case to the Chairman of the Tribunal.

For the purpose of making ad interim payment in advance to trusts under the first proviso to Section 33, the approximate amount of such trust shall be computed on the basis of the net income calculated in accordance with Rules 25B to 25D.]

The gross assets (other than mines and minerals comprised therein) of a trust shall be calculated in the following manner namely:?

(1)     Where the trust supplied all the particulars relating to their intermediary interests, and the Jamabandi (that is collectable Jama for rent and cess including income from sairats) filed by them has been found to be substantially correct after field check, the approximate gross assets shall be calculated on 100 per cent of such Jama.

(2)     Where the trust has not furnished plot numbers and their areas, but has supplied the other particulars mentioned in sub-rule (1) and the Jamabandi filed by them is found to be substantially correct after check, the approximate gross assets shall be calculated on 100 per cent of such jama.

(3)     Where it is not possible to verify expeditiously the Jamabandi filed by a trust but on a preliminary scrutiny it is prima facie acceptable the approximate gross assets shall be calculated on 10 percent of such jama:

Provided that the details of the jambandi shall be verified as soon thereafter as possible.

(4)     Where the Jamabandi filed by the trust has not been verified in all or where no Jamabandi has been filed at all, but it has been possible to make collections for one full year in respect of the interests of the trust, the approximate gross assets shall be calculated on 100 percent of the actual collection for that year.

(5)     Where it has not been possible for the Collector to determine the annual rents for Gairmazarua Khas, Gairmazarua Malik or Parti lands or for building used primarily as Cutcheries or the fair and equitable rents for the lands saved to them under Sections 5, 6, or 7 the Collector may calculate the approximate gross assets without taking these items into account for the time being subject to adjustment being made later on.

(6)     The income of the trust from forests may for the purpose of calculating the gross assets, be calculated at the flat rate of 20 paise per acre of the area under forests:

Provided that if the area under forests is not readily available from the Chief Conservator of Forests, the approximate gross assets may be calculated without taking into the account for the time being the said income, subject to adjustment being made later on.]

The Collector shall prepare the appoximate net income of a trust from its estates and tenures (other than mines and minerals comprised therein) after making deduction on account of the items mentioned in Section 23(1) from the approximate gross assets calculated in accordance with Rule 25B.

The Collector shall prepare an estimate of the net income of a trust from mines and minerals comprised in its estate or tenures mutatis mutandis, in the manner specified in Rules 18,19, and 20.]

(1)     The approximate amount of annuity in respect of trust for intermediary interests other than in mines and minerals shall be equal to the approximate net income arrived at in the manner laid down in Rule 25C.

(2)     The approximate amount of annuity payable for mines and minerals comprised in the intermediary interests of a trust shall be equal to the estimate of the net income arrived at in the manner laid down in Rule 25D.

(3)     The approximate amount of annuity payable to the trust shall be arrived at by adding the approximate amount of annuity payable for mines and minerals to the approximate amount of annuity in respect of his other interests.]

Where delay occurs in the receipt of reports from other districts in respect of the intermediary interest of a trust lying in those districts the Collector of the district in which the major portion of its interest lies shall take action to sanction the ad-interim payment to it on the basis of the materials available in respect of the interest lying in the district, subject to adjustment being made later on.

Rule - 25-G. Special procedure for making ad interim payments in certain cases.--

(1)     (a) Where ad interim payment is to be made to the members of an undivided Hindu family who, under Section 20 are entitled to be treated separately for the purpose of assessment but the full details of such members are not available or have not been furnished and verified the ad interim payment may be calculated treating the family as one unit and not assessing the ad interim payment separately in respect of each co-sharers, & ad interim payment may, subject to future adjustments, be sanctioned and paid to the Karta or any adult member of the family on behalf of all the co-sharers including minors on his producing letters of authority from them empowering the Karta or the adult member to receive payment on their behalf and after obtaining from such Karta or adult member an indemnity bond in Form 0(2).

(b) Where ad interim payment is to be made to a minor, who is the solitary claimant to such payment the payment shall be made to the minor's guardian after obtaining from him an indemnity bond in Form 0(2).

(2)     Where there is a genuine dispute about the interests of an intermediary in an estate or tenure or part of an estate or tenure or in respect of his right to receive compensation or annuity, the Collector shall withhold such ad interim payment to the extent disputed until such time as the dispute is decided by a competent court.

(3)     Before making ad interim payment in respect of a trust, the Collector shall obtain from the payee concerned a security bond in Form O.

Rule - 25-H. Procedure for making ad interim payments.--

(1)     No ad interim payment shall be calculated in any unit less than a naya paise, and any fraction thereof shall be rounded off to the nearest naya paisa.

(2)     The Collector shall prepare in Form I, for the half-year ending the 30th September or the 31st March each year, a list of persons to whom ad interim payments have been sanctioned or paid by him from time to time and forward a copy of it to the State Government in the Revenue Department through the Collector of the district and the Commissioner of the Division. The authority sanctioning the ad interim payments should be clearly indicated in column 12 of the Form. At the same time the Collector of the district shall publish a copy of the list in his office as soon as possible, and also send another copy of it to the Accountant General Bihar, for the purposes of audit.

(3)     The amount sanctioned as ad interim payment will be drawn from the treasury by the outgoing intermediary by a bill in T.C. Form No. 96. The bill will be drawn up in the office of, and countersigned by the Collector sanctioning the ad interim payment. Where, however, the ad interim payment is sanctioned by the Divisional Commissioner, under delegated powers or by the State Government, the bill in T.C. Form No. 96 shall be drawn up in the office of and countersigned by the Collector or Additional Collector of the district. One bill form may be used for each outgoing intermediary, but it may comprise payments relating to a number of estates and tenures belonging to him. After countersignature, the bill will be entered in the register of ad interim payments in Form J(1) and an Advice List will be sent by the Countersigning Officer to the Treasury Officer in From J(2) sufficiently in advance of the bill. The Advice List will bear continuous serial number for each financial year. The bill will be handed over to the payee after obtaining his receipt on the register in Form J(1) as well as on the order-sheet of the case record. The officer concerned will make a note of the payments in column 9 of Form J(1) on receipt of the lower portion of the Advice List from the Treasury Office.

^[42] [(4)  (a) If the person receiving ad interim payment dies, the Collector shall hold enquiry as to the person entitled to receive the ad interim payment and the payment shall be made to the person held entitled thereto.

(b) In case the probable amount of compensation exceeds five thousand rupees and if, on enquiry, the claim of the person held entitled thereto is not disputed, the payment shall be made to him on furnishing an indemnity bond.

(c) In case the succession is disputed the person claiming to be a successor-in-interest shall be asked to file a certificate of succession under the Indian Succession Act, 1925 (Act XXXIX of 1925), and the payment shall be made in accordance with such certificate.]

(5) ??The payee may personally present the bill at the Treasury or endorse it in favour of any other person for collection as provided in Rule 177 of the Bihar Treasury Code.

(6)? ?Where an intermediary does not attend either in person or through a duly authorised agent to receive the ad interim payment the Collector may draw the amount from the Treasury, "by transfer credit to postal head". But before the bill is presented to the Treasury, the Collector shall, under his dated signature, record an endorsement thereon to the effect?"Received payment by transfer credit to postal head" and a money order form for the amount, less the money order commission, shall also be drawn up in the name of the payee and attached to the bill.

On receipt of the bill with the money order form, the Treasury shall issue a postal transfer order Form, and after attaching the same to the Money Order form, forward it to the Postmaster for remittance of the amount to the payee concerned for payment. The Treasury shall send to the Collector the Money Order receipt granted by the Postmaster together with the lower portion of the Advice List. The money order receipt shall be attached to the case record concerned and an endorsement on the order sheet of the case record shall be made to the effect?

"The amount has been sent by Money Order vide Postal Receipt no....dated....

On receipt of the Money Order acknowledgement from the payee it shall be pasted in the register of ad interim payment in Form J(1).

Rule - 25-I. Adjustments.--

(1)     Where ad interim payment is made under Section 33(1) (c) to an intermediary towards annuity payable under Section 24(3), such ad interim payment shall be regarded as advance towards, and adjusted against, the perpetual annuity payable from the date of vesting of the interest of the intermediary when it is finally determined under Section 24(3).

(2)     Where ad interim payment has been made to an intermediary and such payment is subsequently found to be in excess of 2 1/2 per cent per annum of the amount of compensation payable under Section 32, the excess payment so made shall be deducted from the amount of compensation payable to him in the manner indicated below:

(i)       before making the preliminary publication of the Compensation Assessment Roll under Section 26, the Compensation Officer shall ascertain from the Collector of the district the total amount of ad interim payment made under Section 33 and deduct, from the amount of compensation, any ad interim payment made in excess of 21/2 per cent per annum of such compensation, and the draft publication of the said roll shall then be made in respect of the net amount of compensation after such deduction;

(ii)      similarly, before making the final publication of the Compensation Assessment Roll under Section 28, the Compensation Officer shall proceed in the same manner and deduct from the amount of compensation any ad interim payment made in excess of 21/2 per cent per annum of such compensation, and the final publication of the said roll shall then be made in respect of the net amount of compensation after such deduction;

(iii)     any further ad interim payment due from the date of the final publication of the Compensation Assessment Roll up to the date of payment of compensation under Section 32 (2) shall be made subject only to necessary deductions to be made from the amount of compensation paid under Section 33(2);

(iv)    the Collector shall maintain in Form J a register of all ad interim payments made to outgoing intermediaries. This register will contain personal accounts of each outgoing intermediary with an alphabetical index of such intermediaries for purposes of reference. In order to watch the progress of the payments made, this register should be closed every half-year ending the 30th September and the 31st March with a memo in the following form:

MEMO

(i)       (a) total number (name or register, page, reference may be given) of ad interim payment due during the half year ending 30th September/31 st March, 200 ,

(b) total number of payments already advised to Treasury for payment;

(c) total number of payments actually made by Treasury:

(d) items due for payment but not authorised or paid during the half year with details, viz, (a)- (b) and (b) - (c);

(e) Collector's order on (d).

(ii)      A separate register containing particulars of ad interim payments to every intermediary shall be maintained by the Collector of every district in Form J(1) and verified once a week with the Register of ad interim payment Orders on ....treasury which shall be maintained in the Treasury in T.C. Form No. 97.

Rule - 26. Constitution and function of the Bihar Land Commission under Section 34.--

(1)     The members of the Bihar Land Commission shall hold office for a period of five years from the date on which their election or appointment is notified in the Official Gazette:

Provided that a member elected as a representative of the Bihar Legislative Assembly or the Bihar Legislative Council shall be deemed to vacate office with effect from the date on which he ceases to be a member of the Assembly or the Council which elected him.

(2)     If any member is, by reason of his death, resignation or otherwise, unable to complete his full term of office, the vacancy so caused shall be filled by the election or appointment, as the case may be, of another person, and the person so elected or appointed shall fill such vacancy for the unexpired remainder of the term for which such member would otherwise have continued in office.

(3)     There shall be at least one meeting of the Commission during each quarter of the year.

(4)     The Commission may advise the State Government on such matters as may be brought up in a meeting of the Commission with the approval of the Chairman.

(5)     The election of members by the Bihar Legislative Assembly and by the Bihar Legislative Council shall be held in accordance with the system of proportional representation by means of a single transferable vote.

Subject to Rules 28 and 29, the amount of compensation under sub-section (2) of Section 32 in terms of a Compensation Assessment Roll as finally published shall be paid in  cash and/or negotiable and transferable bond which shall be described as Bihar Zamindari Abolition Compensation Bonds, (hereinafter referred to as "Bonds")

Rule - 28. Denomination of Bonds.--

The Bonds shall be issued in denomination of Rs. 50, Rs. 100, Rs. 200, Rs. 500, Rs. 1,000, Rs. 5,000 and Rs. 10,000.

Rule - 29. Cash payments in case of?

(a)      amount not covered by Bonds;

(b)      amount of compensation not exceeding Rs. 50?

(1)     Subject to sub-rule (2) all such amount as cannot be covered by Bonds shall be paid in cash.

(2)     Where the total amount of compensation payable to an intermediary does not exceed Rs. 50 it shall be paid in cash.

(3)     No interest is payable on cash payments under sub-rules (1) and (2).

(4)     The amount of compensation payable in cash under this Rule shall be rounded off to the nearest Naya Paisa.

Form N.--

(1)     The Bonds shall be issued by the Public Debt Office, Patna, on a requisition by the Collector of the district who shall, subject to Rule 34, prepare an indent in Form ?N' in cosultation with the Compensation Officer, and submit it in triplicate to the Public Debt Office, Patna for compliance. At the same time the Collector of the district shall submit, in duplicate, to Government in the Revenue Department (Land Reforms Section) an advice of such indent intimating

(a)      the Indent number,

(b)      Anchal/Sub-Division/District to which the Indent relates,

(c)      the total number of Bonds and

(d)      the value of Bonds indented for. The Revenue Department will in due course forward one copy of advice to the Finance Department:]

(2)     The Bonds shall be enfaced for payment of instalments and interest at such Treasury and shall be transmitted by the Public Debt Office to such Treasury Officer as may be indicated in the Indent for the purpose:

(4)     While preparing an Indent for Bonds in Form N, the Compensation Officer, shall exercise due care and caution to verify ail the details, particularly, those given in column 3 (name of estate with Tauzi number) and column 4 (Khewat number in case of tenure), and satisfy himself that an intermediary, who has once received a compensation, does not get it again and that a Tauzi or a tenure, for which compensation has once been assessed, does not by mistake or otherwise find place in another compensation assessment case.

(5)     Register of Indents for Bonds?Form N.--The Collector as well as the Compensation Officer shall maintain a Register of indents for Bonds in Form N(1) in which all such indents shall be entered.

In this Rule the expression "the Collector of the District" or ?the Collector" includes an officer appointed as Additional Collector of Indents upto the value of Rs. 1,000 an officer not below the rank of Deputy Collector placed in charge of Land Reforms work.]

Rule - 31. Covering Schedule Form N (2).--

^[54] [(2) The Public Debt Office, Patna shall also forward two copies of the said covering Schedule to the Government of Bihar in the Finance Department who will send one copy to the Revenue Department (Land Reforms Section) for information and record. At the same time the Public Debt. Office, Patna shall forward two copies of the indent to the Indenting Collector and the Compensation Officer concerned after entering in columns 9 and 10 the particulars of the Bonds issued. The Collector as well as the Compensation Officer will, on receipt of the copies of indent each enter the particulars thereof in columns 7 to 10 and put his signature in column 11 of the Register of indents for Bonds, [Form N(1)] maintained by him.

Rule - 32. Deposit of Bonds In Treasury.--

(3)     The Treasury Officer will maintain a Stock and Issue Register of Bihar Zamindari Abolition Compensation Bonds in Form N(16) containing an account of receipts, issues and balances. The closing balance should be struck on each day on which there is a receipt or issue, and should be signed by the Treasury Officer. This register should be kept along with the Bonds in the double lock.

Rule - 33. Tendering payment of compensation in Bonds and/or in cash -

(1)     On receipt of an intimation from the Collector about the receipt of the Bonds under Rule 32, the Compensation Officer shall tender payment of the amount of compensation to the Compensation-holder in Bonds and/or in cash as prescribed in Rules 28 and 29 except in the cases referred to in Rule 38.

^[57] [(2) Notice to Compensation-holder, Form N(3)?Register of payment of compensation in Bonds/Cash?Form N(5);?The Compensation Officer shall issue a notice in Form N(3) to the Compensation-holder directing him to take delivery of the Bonds and/or to receive payment of the amount payable in cash on a specified date and at a specified place either in person or through his duly authorised agent and shall, on the specified date and place deliver the Bonds and/or make payment in cash to the compensation-holder or his duly authorised agent.

The amount of Compensation payable in cash under Rule 29 shall be drawn by the Compensation Officer under head "563 Payment of Compensation  payment in Cash" from the Treasury/Sub-Treasury in T.C. Form No. 76. Before making such delivery of the Bonds and/or making such payment in cash, the Compensation Officer shall enter the particulars in Columns I to II of the Register of payment of Compensation in Bonds/Cash in Form N(5). the Compensation holder or his agent, who shall be duty identified before the Compensation Officer, shall acknowledge receipt of the Bonds and/or Cash and shall also put his signature or left thumb impression (in case of illiterate persons) in column 12 of the said Register. The Compensation Officer shall then attest the entries by putting his dated signature in column 13 of the said Register:

Provided that in the case of payment under Section 32-A of fifty percent of the approximate amount of compensation, the Compensation Officer shall issue a notice in Form N(3A) and not in Form N(3), to the Compensation holder for the purposes specified in the forgoing paragraph. The notice in Form N(3A) shall invariably be given in all cases of payment of Compensation in accordance with the provisions of Section 32-A including those in which the amount of deductions to be made exceeds the amount of such fifty percent of compensation and in which no indent for Bonds is required to be submitted for the purpose of payment under the said Section.]

(3) ???Requisition for Bonds, Form N(8) Register in Form N(16).--The Compensation Officer shall personally draw from the Treasury the Bonds for issue on a Requisition for Bonds in Form N(8) and shall put his signature in column 10 of the Treasury STock and Issue Register in Form N(16) in token of acknowledgement of receipt. Each such requisition shall relate only to the Bonds to be issued on a specified date according to the notice under sub-rule (2). The Compensation Officer will be personally responsible for safe custody of bonds while in his possession.

^[58] [(4) If the notice under sub-rule (2) has been duly served in accordance with the provisions of Rule 3 and the Compensation-holder in spite of service does not appear in person or through his duly authorised agent to take delivery of the Bonds and/or the Caseh on the specified date and specified place, the Compensation Officer shall deposit with the Collector of the district the, Bonds and the receipt of "Revenue Deposit" in respect of the Cash deposited in the Treasury through Challan (.T.C. From No. 8).

The Collector shall give an acknowledgment to the Compensation Officer for the aforesaid Bonds and the receipts deposited with him and keep the Bonds and receipts in a sealed receptacle in his name in the strong room of the Treasury:

Provided that subject to sub-rules (7) and (10) the Collector of the district may on an application, deliver the Bonds and/or the Cash kept under "Revenue Deposit" to the Compensation-holder or his duly authorised agent within a period of three complete years from the date fixed for delivery.]

^[59] [(4A) If at the time of delivery of the Bonds to the compensation-holder, the Compensation Officer finds that the Bond supplied by the Public Debt Office against the indent does not bear correct name of the compensation holder, he shall withheld delivery of the Bond and shall return the Bond to the Collector with a covering letter in duplicate in Form N(22) after making an entry in column 14 of this register of payment of compensation in Bonds/cash Form N(5). When a copy of the covering letter in Form N(22) bearing the acknowledgment of the Collector is received from him, the Compensation Officer shall fill up column 15 and put his own dated signature in column 16 of the Register in Form N(5). He shall then retain the covering letter containing the Collector's acknowledgment in a guard file. The Collector, on receipt of the Bonds from the Compensation Officer shall ascertain the correct name in which the compensation documents are to be prepared and return the Bond to the Public Debt Office, Patna with a covering letter in Form N(23) in duplicate advising the Public Debt Office to correct the name of the compensation- holder in the Bond and also in their records. At the same time, the Collector shall correct the entires in the relative records retained by him under advise to the Government in Revenue and Land Reforms Department and also in the Finance Department. The correction in the name of the compensation-holder in the Bond shall also be intimated to the Treasury Officer concerned.]

^[60] [(5) Covering Schedule, Form N(9)?Guardfile of covering Schedules, Form N (9)?The Compensation Officer shall forward the undelivered Bonds and for the receipts for disbursed cash kept in Revenue Deposit soon after the specified date to the Collector, for deposit with a covering Schedule in Form N (9) after making an entry in column 14 of his Register, of payment of compensation in Bonds/cash in Form N(15), When an acknowledgement in the duplicate of the covering schedule is received from the Collector, the Compensation Officer shall fill up column 15 and put his own dated signature in column 16 of the said Register. He will then retain the covering schedule containing the Collector's acknowledgment in a Guard File.]

^[61] [(6) Register of undelivered Bonds and undisbursed amount of the Cash compensation N(10),?The Collector shall maintain a Register of undelivered Bonds and undisbursed amounts of the Cash Compensation in Form N(10) showing the particulars relating to the undelivered Bonds/Receipt of undisbursed amounts cash of Compensation kept in "Revenue Deposit" received by him from the Compensation Officer for deposit.

There shall be annual verification of such undelivered Bonds and undisbursed cash by a Gazetted Officer to be nominated by the Collector for the purpose.]

(7)? ?Covering Schedule, Form N (11)?Guard File of covering Schedule, Form N (11).--If any Bonds are not delivered within a period of three years under the proviso to sub-rule (4) the Collector shall return them to the Public Debt Office.

(8) ???Till the undelivered Bonds are returned to the Public Debt Office, ²[Patna], they shall be kept in the double lock of the District Treasury.

^[63] [(9) Monthly Statement of Payment of Compensation in Cash.--Form N(12) .--The Compensation Officer shall prepare a monthly Statement of Compensation in Cash in Form N(12) on the basis of the disbursements made day to day to the Collector not later than the 7th day of the following month. The Collector shall prepare a consolidated statement in duplicate in the same form for the district. The Collector shall then transmit one copy of the same to the Government in the Revenue and Land Reforms Department latest by the 20th day of the month following the month to which the Statement relates.

(10) ?Revalidation of Cash Compensation kept in ?Revenue Deposit".--Cash Compensation not claimed for more than three months from the date of notice to the Compensation-holder shall cease to be payable unless an application is filed before the Compensation Officer who will pass necessary orders for payment of the same by the Collector.

^[66] [(13) Date of issue of Bonds.--The date of issue of Bond by the Public Debt Office, Patna, as mentioned in the Bonds shall be taken as the date of issue for payment of annual instalments and for crediting the value of the Bonds in Form N?Public Debt, etc., by contra-debit to 65 Payment of compensation, etc; on the basis of the monthly return showing the datewise issue of Bonds received by the Accountant-General, Bihar from the Public Debt office, Patna. In order to ensure correct adjustment of the value of the Bonds in Government accounts the Public debt Office, Patna will at the same time send a copy of the monthly return to the Revenue Department (Land Reforms Section and another copy to the Finance Department by the 10th day of the month following the month to which the return relates.]

^[68] [(15)  (a) Where a Compensation-holder dies after the Bonds have been indented but before the Bonds have been delivered and/or payment in cash has been made as prescribed in sub-rule (2), the Compensation Officer shall deposit the Bonds and/or the receipt for cash deposited in "Revenue Deposit" with the Collector in the manner prescribed in sub-rules (4) and (5).Thereafter the procedure prescribed in sub-rules (6), (7), (8), (10) and (11) shall be followed.]

(e) If the question of succession is not decided within a period of three years from the death of the compensation-holder, the Collector shall return the bonds to the Public Debt Office as prescribed in sub-rule (7).]

(1)     If after the return of the Bonds to the Public Dect Office, Patna, under sub-rule (7) or clause (e) of sub-rule (15) of Rule 33, a claim in respect of such Bonds is made by the compensation-holder or his successor-in-interest, the Collector shall verify the claim and also satisfy himself about the identity of the claimant. In the case of a claim by the successor- in-interest of the compensation-holder, the procedure for verifying the claim shall be the same as provided under clauses (b) to (d) of sub-rule 15 of Rule 33.

(2)     In case the claimant is the compensation-holder in whose favour the undelivered Bonds were issued, the Collector shall send a requisition for the Bonds to the Public Debt Office, Patna, which shall be prepared in Form "N (11 A)" in trplicate, showing inter alia; the full particulars of the Bonds (the total amount of the Bonds in words to be stated by the Collector in his own handwriting), the number and the date of the acknowledgment of the Bonds received from the Public Debt Office, Patna as recorded in column No. 17 of register in Form ?N(O), and the name full address of the Treasury to which Bonds are to be sent. The Collector shall sign and seal each copy of the requisition after satisfying himself that the entries therein have been made correctly. Thereafter, he shall send one copy of the requisition to the Public Debt office, Patna for compliance, one copy to the Treasury Officer (to whom the Bonds are to be sent by the Public Debt Office) for his information and retain the third copy in his office for record. He shall also record a suitable note in the remarks column of the register in Form "N(10)" against the relative entries.

(3)     If the claim has been lodged by the successor-in-interest of the compensation-holder and the claim has been verified in the manner stated above, the Collector shall advise the full particulars of the undelivered Bonds to the Public Debt Office in Form ?N(11A)" and request them to cancel the Bonds from their books. The Collector shall also at the same time, send an indent for the issue of fresh Bonds in the name of the successor-in-interest, the indent being sent as prescribed in Rule 30.

(4)     The Public Debt Office, Patna, shall on receipt of the requisition or advice in Form "N(11A)" return the Bonds or cancel them, as the case may be. Further on receipt of the indent referred to sub-rule (3) the Public Debt Office shall issue fresh Bonds. The old Bonds or the fresh Bonds, as the case may be, shall be sent to the Treasury Office in accordance with the procedure prescribed in Rule 31.

(5)     The procedure for deposit of Bonds in the Treausrey, sending intimation to the Collector, periodical verification of the Bonds, maintenance of records of the Bonds received etc. shall be the same as prescribed in Rule 32.

(6)     The Collector shall, on receipt of an intimation from the Treasury Officer regarding receipt of the Bonds requisitioned or indented by him inform the compensation-holder or his successor-in-interest as the case may be, to take delivery of the Bonds on a specified date either in person or through his duly authorised agent and shall, on the specified date, deliver the Bonds to the compensation-holder, his successor-in-interest or his duly authorised agent. The manner in which the record of the Bonds is to be kept, the instructions to be observed for delivering the Bonds and the procedure for obtaining acknowledgment for the Bonds shall be the same as stated in sub-rule (2) of Rule 33. The Collector shall also make suitable entries regarding delivery of Bonds in the register in From N(10) referred to in Rule 33(6).

(1)     When any deduction from the amount of compensation is to be made on account of arrears of revenue and cesses or any other dues when so ordered by the Collector under clause (c) of Section 4 or excess rent or cess realised by the intermediary after the date of vesting under clause (cc) of Section 4 or ad-interim payment having been made in excess of 21/2 per cent under sub- section (2) of Section 33 the Collector shall by an order in writing state the amount to be deducted and direct the Compensation Officer to reduce the amount of compensation accordingly in the Compensation Assessment Roll and to indent for Bonds and/or to make payment in cash of only the balance left out of the amount of compensation after such deductions. Before the Bonds are indented for/or payment in cash is made the Compensation Officer shall in each case satisfy himself that the Governemnt dues mentioend in the above paragraph have been adjusted against the amount of compensation and that there is no limited owner or holder of life interest, in whose favour a deposit has to be made with the Collector of the district under sub-section 4 of Section 32 and shall record a certificate to this effect on the Compensation Record. The Compensation Officer after making necessary enquiries, shall also endorse on the Compensation record a certificate to the effect that there is no holder of a temporary lease to whom compensation is payable under sub-section (2) of Section 24, that no compensation is payable to a secured creditor on account of claim determined under Chapter IV of the Act and that no deduction is to be made under sub-section (2) of Section 33 on account of ad interim payment.

(2)     Where on discovery of new interests under Section 30A(2) a fresh Compensation Assessment Roll is prepared, the amount of compensation in the fresh assessment roll shall be reduced by the amount that may have been paid to the intermediary on the basis of the previous assessment roll before the preparation of such fresh assessment roll. The Compensation Officer shall at the same time, submit to the Collector of the district a requisition for fresh Bonds and/or for revised amount of compensation payable in cash on the basis of the fresh assessment roll in place of the Bonds previously issued. The Bonds previously issued shall be withdrawn from the intermediary and sent to the Public Debt Office, Patna, through the Collector for cancellation alongwith the indent for fresh Bonds. The Compensation Officer shall also make payment of the revised amount of Compensation in cash according to the procedure laid down in sub-rule (2) of Rule 33. Necessary note regarding cancellation of the Bonds shall also be made in the Remarks column of the relevant registers. At the same time an intimation regarding cancellation of the Bonds shall be sent to the Treasury Office.

(3)     Any excess payment under the second proviso to Section 30-A shall be recoverable from the intermediary as a public demand.

Where a proprietor or tenure-holder having or entitled to share as if there were partition on the date of vesting under Section 20, dies before the payment of compensation the amount of compensation payable to him will be distributed among his legal heirs according to their respective shares. For this purpose such legal heirs will not be treated as separate intermediaries, but will be treated as persons succeeding to or inheriting the compensation of the deceased compensation-holder and if they are themselves intermediaries entitled to compensation in their own rights their compensation will not be re-calculated, but whatever amount they get through succession or inheritance will be treated as an amount payable to them over and above their ordinary compensation.]

Rule - 35. Payment of annual instalments of the principal and interest on Bonds.--

(1)     The Bonds shall be payable in forty equal annual instalments to the person named therein or his duly authorised agent or transferee and shall carry interest at the rate of 2 1/2 per centum per annum from the date of issue on that part of the principal which has not become payable. No interest shall be payable on any amount of the principal beyond the date on which its payment fell due, even though the amount is not realised by the holder of the Bonds.

^[75] [(2)  (i) Payees' receipt?Form N(14)?Register of payment of annual instalments of the principal and interest on Bonds payable at....... Treasury, Form N(15).--

The annual instalment of the principal together with the interest due under Rule 35(1) on a bond shall be payable on presentation of the bond at Treasury/Sub- Treasury in the State of Bihar at which the Bond is enfaced for payment of such instalment and interest. The payee concerned shall give a proper receipt for such payment in Form N(14) and the particulars thereof shall be entered in Register of payment of annual instalments of the principal and interest on Bonds payable at....Treasury in Form 1(15)

(ii) Register of Bihar Zamindari Abolition Compensation Bonds enfaced for payment of annual instalments of principal and interest at the.. Treasury..... District Form N (15-A). For the purpose of recording enfacements, the Treasury/Sub- Treasury Officer will also maintain a separate register, viz., Register of Bihar Zamindari Abolition Compensation Bonds enfaced for payment of annual instalments of principal and interest at the Treasury....District in Form N(15-A).]

^[78] [(3) In order to prevent erroneous payment of instalments on principal and interest on a Bond not enfaced for payment at the particular treasury specified in the bond, special care should be exercised in the maintenance of register [Form N (15-A)]. When a bound is transferred for payment to another treasury, the Treasury Officer will at once note the fact in column 1 of register in From N(15-A) and shall not thereafter pay instalment on such bond.]

Rule - 36. Redemption of Bonds?Notice of discharge.--

(2)     The Collector shall, on receipt of a notice of discharge under sub-rule (1); publish a copy of it in his Notice Board, and shall also send extracts thereof to each Sub-divisional Officer concerned for similar publication in his Notice Board.

Rule - 37. Procedure when the Bond is lost, stolen etc.--

Rule - 38. Amount of compensation payable to a limited owner to be deposited with the Collector.--

(1)     The amount of compensation payable to a limited owner or the holder of a life-interest shall be kept in deposit with the Collector of the district for the period prescribed in sub-section (4) of Section 32, and the interest accruing on such amount shall be paid to the limited owner or the holder of the life-interest concerned at the direction of the Collector during such period.

(2)     Form N (18)?Form N (19).--The Compensation Officer shall keep the amount of compensation payable to a limited owner or the holder of a life-interest in cash and/or bonds under Rule 27 in deposit with the Collector of the district, the amount of compensation payable in cash being kept in Revenue deposit. The Compensation Officer will forward the Bonds, together with the copies of the challans showing such deposites, to the Collector of the district with a letter in Form N (18). On receipt of the Bonds and challans by the Collector, they will be entered in his office in "Register of Bonds and cash payable to limited owners or holder of life interest" in Form N (19). The Bonds and challans will then be kept in the double lock of the Treasury, where the same Register N(19) shall also be maintained. This Register will be kept along with the Bonds and challans in the double lock. There should be an annual verification of the Bonds and challans by a Gazetted Officer to be nominated by the Collector for the purpose.

(4)     Where an application is made by a limited owner or the holder of a life-interest for payment of a part of the amount of compensation to defray any legal expenses under the proviso to sub-section (4) of Section 32, such payment shall not exceed the total amount of annual instalments due on the Bonds on the date of the order together with the amount of compensation in cash, if any, deposited with the Collector on behalf of such owner or holder.

(i) ???For the purpose of making payment of an amount not exceeding fifty per cent of the approximate amount of compensation to any outgoing intermediary under Section 32-A, the approximate amount of compensation payable to him shall, so far as may be, be calculated in the manner provided in Rules 25B to 25-E]:

Provided further that any ad interim payment made to the outgoing intermediary in excees of 21/2 per centum per annum of the approximate amount of compensation payable under Section 33(2) shall be deducted before calculating the approximate amount.

(ii) ??When delay occurs in the receipt of the reports from other districts in respect of the interests of an outgoing intermediary lying in those districts, the Compensation Officer of the area in which such intermediary resides or, if he is a person residing outside the State, the Compensation Officer of the area in which the major portion of his interest lies shall calculate the approximate amount of compensation payable to such intermediary on the basis of the materials available in respect of the interestes lying in that area, subject to adjustments being made later on.

The Compensation Officer shall make such enquires as may be necessary for ascertaining the dues to be adjusted before payment is actually made.

(2)     The Compensation Officer incharge of the register (Form R) shall also maintain a Tauzi wise index of applications for compensation in Form S, which shall be used by him as a cross-check against any double payment when any Sanctioning Authority sends any record to him for report regarding any particular claim to the payment of compensation.

Before making payment under Section 32 or 32A. the Compensation Officer shall obtain from the compensation holder(s) an affidavit in Form U(1)/U(2) as may be applicable, to show that he/they has/have not receive compensation from any other Compensation Officer, as laid down in Section 32-B, and that he/they is/are the sole claimant(s) in respect of the intermediary interest or that there are other co-sharers.]

After the approximate amount of compensation has been calculated, adjusted and verified according to Rules 39 to 41, fifty per centum of the verified balance shall be paid to the outgoing intermediary in the manner prescribed in the proviso to Rule 27.]

(1)     After the Compensation Officer has assessed the annuity he will send the record of the case to the Collector for approval of the amount payable. The Collector will then prepare an annuity payment order (in triplicate) which will be on similar lines to a Pension Payment Order and numbered consecutively. One copy will be sent to Treasury Officer, one to the Accountant-General and the third copy will be made over to the Trustee/Mutawali/Shebait after obtaining a receipt from him.

The Collector will enter particulars of the Annuity Order in a Register in Form 0. The Treasury Officer will enter particulars of the Annuity Order in Form V (1).

(2)     The payment in respect of the annuity of any particular year will fall due on the first of April of the next Financial Year and will be paid by the Treasury Officer to the Trustee/Mutawali/Shebait or his duly authorised agent on presentation of a bill in Form V(2). The Treasury Officer will identify the payee before payment and make the necessary entries after payment in Form V(1), indicating in the appropriate column the voucher and the date of payment.The transactions will be incorporated in the monthly account of the treasury in the usual 'manner.

(3)     As soon as information is received by the Collector of any change in the office of the Trustee/Mutawali/Shebait which may be occasioned by the death of such Trustee/Mutawali/Shebait or otherwise he will immediately communicate to the Treasury Officer the particulars of such Annuity Order and instruct him to stop further payment of annuity on such Annuity Order. A copy of the Collector's order will also be sent to the Accountant. General, Bihar. Thereafter he will start miscellaneous proceedings and in due course issue a new Annuity payment Order in triplicate as in sub-rule (1) in the name of the new Trustee/Mutawali/Shebait indicating the period from which annuity is to be paid to the newTrustee/Mutawali Shebait and cancelling the previous Annuity Payment Orders. Fresh entries will be made in the register in FormV, giving cross reference to the previous entry in the register. The Treasury Officer will also enter the Annuity Payment Order as a new item in the register in Form V (1) giving cross reference to the previous entry in the register. The Treasury Officer will withdraw the old Annuity Payment Order at the time of making the first payment on the new Annuity Payment Order and return the old Annuity Payment Order to the Accountant-General, Bihar.]