State of Bihar - Act
Bihar Land Reforms Rules, 1951
BIHAR
India
India
Bihar Land Reforms Rules, 1951
Rule BIHAR-LAND-REFORMS-RULES-1951 of 1951
- Published on 16 October 1951
- Commenced on 16 October 1951
- [This is the version of this document from 16 October 1951.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these Rules, unless there is anything repugnant in the subject or context. -3. Mode of service of notice or Order.
3A. [ Mode of service of a general or public notice or order. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
- 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].4. [ Form of notice under clauses (g), (h), (hh), and (i) of Section 4. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
- 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.]4A. [ Procedure of disposal of appeals under the proviso to return 4(cc), proviso to Section 4(g), first proviso to Section 4(h), the proviso to Section 4(hh) and Section 8. [Substituted by Notification No. G.S.R. 73, dated 30.5.1973.]
- 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.]4B. [ Appellate Authority under the proviso to Section 4(cc), the first proviso to Section 4(h) and the proviso to Section 4(hh). [Substituted by Notification No. G.S.R. 73, dated 30.5.1973.]
- 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, -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.[Explanation. - 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.] [Added by Notification No. 3565 L.R. dated the 24th August 1953, published in Bihar Gazette, Extraordinary, of the 10th September, 1953.]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.[Explanation. - 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.] [Substituted by Notification No. G.S.R. 119 dated 15.11.1972.]7. [ Determination of fair and equitable rent under Sections 7, 7-D and 7-F. [Substituted by Notification No. G.S.R. 119 dated 15.11.1972.]
- In determining fair and equitable ground rent. -7A. [ Procedure of determining fair and equitable rent and ground rent under Rules 5, 6, 7, 7-D and 7-F. [Substituted by Notification No. G.S.R. 119 dated 15.11.1972.]
- 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(I).]7B. [ Form and manner of application - Form K. [Substituted by Notification No. G.S.R. 119 dated 15.11.1972.]
- (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.7C. Settlement proceeding to be started in each case - Register 8 (Miscellaneous cases).
- A separate proceeding will be started in respect of each case in which the Collector takes action under sub-rule (i) or for each application filed under sub-rule (ii) [or in such case in which the Collector takes suo motu action under sub-rule (iv) of Rule 7-B] [Inserted by Notification No. 1644. L.R. dated 24.2.1960.]. Each proceeding will form a separate miscellaneous revenue record to which an order-sheet prescribed in Rule 129 of the Bihar Record Manual, 1941 (Schedule XIV - Form No. 562) will be attached, such case record will bear a serial number, and will be entered in 'Register 8 - Miscellaneous Cases prescribed at page 17 of the Bihar and Orissa Register and Return Manual, 1932.7D. General notice - Mode of service - Form L.
- (i) The Collector shall on receipt of an application under sub-rule (i) or [(ii) or after taking suo motu action under sub-rule (iv) of Rule 7-B] [Inserted by Notification No. 1644, L.R. dated 24.2.1960.], issue a general notice in Form L fixing a date, time and place for enquiry with calling upon all persons interested or concerned, to attend such enquiry with such evidence as they may like to produce in support of their claims or objections, if any.7E. Holding of enquiry, irrespective of any claim or objection - Preparation of a report.
- Particulars to be included in the report - On the date or dates fixed for enquiry, the Collector shall, personally or through [a Kanungo or a Circle Inspector] [Substituted by Notification No. 1644, L.R. dated 24.2.1960.], hold an enquiry irrespective of any claim or objection having been received or not, and prepare a report including, amongst others, the following particulars:7F. 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.7G. 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 -7H.
[* * * * *] [Omitted by Notification No. G.S.R. 10 dated 24.1.1970.]7I. 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.7J. [ Procedure for settling fair and equitable rent in any area where record-of-rights is being prepared under Chapter X of Act 8 of 1885. [Inserted by Notification No. 1644, L.R. dated 24.2.1960.]
- 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.]7K. to 7U.
[x x x x] [Omitted by G.S.R. 62 dated 19.9.1981.]8. [ Appellate Authority under Section 8. [Substituted by Notification No. 1644 L.R. dated 24.2.1960.]
9. Procedure to be followed by Tribunals appointed under Sections 12(3) [* *] [Omitted by Notification No. G.S.R. 73, dated 30.5.1973.] and 31.
- The procedure to be followed by the Tribunal appointed under sub-section (3) of Section 12, [* * *] [Omitted by Notification No. G.S.R. 73, dated 30.5.1973.] or under [Section 31] [Inserted by Notification No. G.S.R. 1644-LR, dated 24.2.1960.] shall be as follows :-10. Manner of notification of claims by creditor - [Section 14].
11. Determination of amount due to creditor - [Section 16].
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 :-12A. [ Co-ordination between the Claims Officer and the Compensation Officer under Section 24(5). [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
- 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 10.13. 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.14. [ Procedure for ascertaining gross assets under Section 22. [Substituted by Notification No. 7369 L.R., dated the 28th/30th September, 1959.]
15. Mode of preparation of the Compensation Assessment Roll.
15A. [ Rates of deduction on account of the cost management where the gross asset exceeds Rs. 15,000. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
- 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 subsection (1) of the said Section be calculated at the following rates, namely :-| Amount of gross asset | Rates | ||
| (1) | Where the gross asset exceeds Rs. 15000 but does not exceedRs. 50,000. | ... | 15 per centum of such gross asset |
| (2) | Where the gross asset exceeds Rs. 50,000 but does not exceedRs. 1,00,000 | ... | 17 ½ per centum of such gross asset. |
| (3) | Where the gross asset exceeds Rs. 1,00,000. | ... | 20 per centum of such gross asset.] |
15B. [ Inflation in the returns by outgoing superior landlords of amounts of rent and cess alleged to be realised from their immediately subordinate tenure holders. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
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.17. Apportionment of compensation between lessees and superior land-lords under Section 24(2).
- The holder of a temporary lease of an estate or tenure shall, by way of compensation, be entitled to the advance, if any, made by him [* * *] [The words and figures 'together with a sum equivalent to 50 per centum of the legally recoverable arrears of rent due to him' omitted by Notification No. 4017-LR, dated 31.5.1962.]. The unexpired period of the lease shall be considered only when any advance adjustable on expiry of the term of the lease has been made by the temporary lessee. In such a case the amount of such advance shall be reduced in the same proportion as the unexpired period of the lease bears to the total period thereof. The compensation payable to the temporary lessee shall be calculated in Form H.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(e)income-tax [and cess] [Inserted by Notification No. 1644 LR. dated 24.2.1960.] paid and payable every year on the royalty on the gross income from mines, as the case may be.19. Computation of net income from mines and minerals and determination of compensation payable therefor - Section 25(2).
- In computing the net income of a proprietor or tenure-holder under sub-section (2) of Section 25 from royalty [* * *] [Repealed by Notification No. 1644 LR. dated 24.2.1960.] the deduction to be made from the gross income on account of cost of collection shall be at the following rate, namely :-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.20A.
[* * * * *] [Omitted by GSR 62, dated 19.9.1981.]21. [ Manner of publishing Draft Compensation Assessment Roll under Section 26(1). [Substituted by Notification No. 1644, LR, dated 24.2.1960.]
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.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.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.25. Rules under Section 32 (4).
- 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.25A. [ Manner of calculating ad-interim payment in advance under the first proviso to section 33. [Substituted by GSR 62 dated 19.9.1981.]
- 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.]25B. [ Procedure for ascertaining gross assets. [Substituted by GSR 62 dated 19.9.1981.]
- The gross assets (other than mines and minerals comprised therein) of a trust shall be calculated in the following manner namely :-25C. [ Procedure for ascertaining approximate net income. [Substituted by G.S.R. 62 dated 19.9.1981.]
- The Collector shall prepare the approximate 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.]25D. [ [Substituted by G.S.R. 62 dated 19.9.1981.]
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.]25E. [ Procedure of determining the approximate amount of annuity. [Substituted by G.S.R. 62 dated 19.9.1981.]
25F. [ Procedure for sanctioning ad-interim payment when reports from all districts not available. [Substituted by G.S.R. 36 dated 16.3.1972.]
- 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.]25G. Special procedure for making ad interim payments in certain cases.
25H. Procedure for making ad interim payments.
25I. Adjustments.
25J.
[x x x x x] [Omitted by GSR. 62, dated 19.9.1981.]26. Constitution and function of the Bihar Land Commission under Section 34.
27. [ Bihar Zamindar/Abolition Compensation Bonds. [Inserted by Notification No. 7534 L.R., dated 29.10.1959.]
- 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")[Provided that where it is intended to pay an amount not exceeding fifty per centum of the approximate amount of compensation to an outgoing intermediary under Section 32-A, the amount payable under Rule 39 shall be paid in cash and/or bonds according to the procedure, so far as may be, laid down in Rules 27 to 38.] [Substituted by GSR 36, dated 16.3.1973.]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. 10,000.29. Cash payments in case of - (a) amount not covered by Bonds; (b) amount of compensation not exceeding Rs. 50.
30. [ Indent for Bond - Form N. [Substituted by Notification No. 339 LR, dated 14.1.1960.]
31. Covering Schedule Form N (2).
32. Deposit of Bonds In Treasury.
33. Tendering payment of compensation in Bonds and/or in cash.
33A. [ Procedure where claim for undelivered Bonds is made after three years from the date fixed for delivery. [Inserted by Notification No. 8226-L.R., dated 28.10.1967.]
34. [ Deduction under Section 4(c) or Section 4(cc) or Section 30A or Section 33(2). [Substituted by G.S.R., 44 dated 1.4.1974.]
- 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 2 ½ per cent under subsection (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 Government dues mentioned 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.34A. [ Procedure for payment of compensation to the legal heirs of a deceased compensation-holder having or entitled to a share, as if there were a partition on the date of vesting under Section 20. [Inserted by Notification No. 4017 LR, dated 31.5.1962.]
- 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.]35. Payment of annual instalments of the principal and interest on Bonds.
36. Redemption of Bond - Notice of discharge.
37. Procedure when the Bond is lost, stolen etc.
- When any Bond issued under these rules is lost, stolen, destroyed, mutilated or defaced, the procedure relating thereto prescribed in the Public Debt (Compensation Bonds) Rules, 1954 reproduced in Appendix A shall apply. [Similarly, when the venue of payment of a particular treasury is proposed to be changed, the general rules of the Government Securities Manual (Third Edition) and Public Debt (Compensation Bonds) Rules, 1954 shall apply.] [Added by Notification No. 399 L.R., dated 14.1.1960.]38. Amount of compensation payable to a limited owner to be deposited with the Collector.
39. [ Manner of calculating approximate amount of compensation for the purpose of payment of 50 per cent of compensation under Section 32-A. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
- (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 maybe, be calculated in the manner provided in Rules 25B to 25-E] [Substituted by Notification No. 339 LR, dated 14.1.1960.]:[Provided that where an outgoing intermediary and/or his heir (s) has/have agreed to forego compensation under Rule 7-P (1) in respect of any Hat/Bazar/Mela for which he/they is/are registered under Rule 7-0, the amount of compensation so foregone by him/them on account of settlement of such Hat/Bazar/Mela having been made with him/them shall be adjusted by deduction from the amount of compensation or the approximate amount of compensation before making payment to him/them under Section 32 or Section 32-A as the case may be] [Substituted by Notification No. 4017 L.R., dated 25.7.1962.]:Provided further that any ad interim payment made to the outgoing intermediary in excess of 2 ½ per centum per annum of the approximate amount of compensation payable under Section 33(2) shall be deducted before calculating the approximate amount.40. [ Register of adjustments in Form R - Tauzi-wise index of application for compensation in From S. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
41. [ Filing and verification of affidavit before payment of compensation under Section 32 or Section 32-A. [Substituted by Notification No. 4017-LR, dated 31.5.1962.]
- 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.]42. [ Manner of payment of fifty per centum of approximate amount of compensation under Section 32-A. [Inserted by Notification No. 1644 L.R., dated 24.2.1960.]
- 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.]43. [ Manner of payment of perpetual annuity assessed under Section 24 (3). [Inserted by Notification No. 11336 L.R., dated 9.11.1963.]
1. Name of village with thana number and district.
2. (a) Tauzi No./Nos. with separate account, if any.
3. Nature and extent of interest in each Tauzi or tenure.
4. Total Land Revenue payable or total rent payable to the superior landlord with name of the superior landlord.
5. Total amount of cess payable.
6. Area under Khas cultivation, total annual income and rent if already fixed by the Collector under Section 6.
7. Area of Gairmazrua Khas or Gairmazrua Malik or Parti land in possession of the proprietor and the rent, if already, fixed for the area by the Collector.
8. Annual rent determined for building or portion of building used permanently as office for the collection of rent.
9. Gross income of the previous agricultural year from fisheries, trees, Jalkars, Ferries, Hats, Bazars, [Melas] [Inserted by Notification No. 1644 L.R., dated 24.2.1960.], [and sairati] [Repealed by Notification No. 1644 LR, dated 24.2.1960.] interest.
10. Total annual rents payable by immediately subordinate tenant in case such immediately subordinate tenant is a tenure-holder of a permanent or resumable tenure and in all other cases, by the raiyats, together with the area held by such immediately subordinate tenant or raiyat, as the case may be with survey number of plots.
11. Total cess payable by such immediately subordinate tenant or raiyat, as the case may be.
12. Arrear rent and cess legally recoverable from such immediately subordinate tenant or raiyat, as the case may be.
13. The amount payable as agricultural income-tax for the previous agricultural year by the proprietor or tenure-holder, as the case may be.
14. The amount payable as income-tax in respect of any income derived from such estate or tenure for the previous agricultural year by the proprietor or tenure-holder, as the case may be.
15. The amount paid as Choukidari-tax or Municipal tax in respect of any building used as Cutchery for the management of the estate or tenure.
16. Any other tax or legal imposition payable in respect of the estate or tenure not expressly mentioned in clauses (a) to (e) of Section 23 (1) or any services or obligations of any other form to be rendered or discharged as a condition precedent to the enjoyment of such estate or tenure [Section 23(1) (f).]
Given under my hand and seal of the court this day of 19...................Compensation Officer.Note. - A separate return should be furnished for each village in respect of columns 1 to 12 and 15 and 16. Where the interests of a person are in several villages or Tauzi or tenures a consolidated return for all his interests should also be furnished in respect of the particulars required by columns 4 to 16.Form E[Vide Rule 15 (i)]Form of calculation of Net Annual IncomeDistrict .........Note. - If the interest of proprietor/Tenure-holder lies within the jurisdiction of more than one Compensation Officer, each Compensation Officer will fill only columns 1 to 17 of this Form. The remaining columns will be filled up by the Compensation Officer of the area in which the major portion of the interests of the proprietor/tenure-holder lies.| (To be filled up for each| ProprietorTenure-holder| separately) |
| (Name of| ProprietorTenure-holder| with father's name and residence.........) |
| Serial No. | TauziNo. andKhewatNo. and otherparticulars of estate or tenure | Share of the Proprietor/ Tenure-holder in theTauzior Tenure | Amount of Proprietor's/ Tenure holder's share ofrent in eachTauzior Tenure payable by the immediatelysubordinate tenants in case such immediately sub-ordinate tenantis a tenure-holder of a permanent or resumable tenure and in allother cases by the Raiyats. [Section 22 (2)(a) and (b)] | Amount of cess payable for the Proprietor's/Tenure-holder's share in theTauzior Tenure |
| 1 | 2 | 3 | 4 | 5 |
| Amount of Proprietor's/ Tenure-holder's share inrents fixed under section 5(1) and Section 6 and 7 in respect oftheTauzior Tenure [Section 22 (2)(b)(i)] | Rent determined in respect ofGairmazrua Khas,Gairmazrua MalikorPartilands in theTauziorTenure [Section 22(2)(b)(ii)] | Amount of Proprietor's/ Tenure-holder's share ofrent of lands purchased by a proprietor or tenure-holder inexecution of decrees for arrears of rent (such lands not being inKhaspossession of proprietor or tenure holder or settledwith anyraiyat). [Section 22(2)(b)(iii)] | Amount of Proprietor's/ Tenure holder's share ofrent determined for buildings used as Office orCutcheryfor the Collection of rents [Section 22(2)(b)(iv)] | Amount of rent determined under section22(9)(b)(v) |
| 6 | 7 | 8 | 9 | 10 |
| Amount of Proprietor's/ Tenure-holder's share ofthe gross income of the previous agricultural year from fisheriestrees,Jalkars, etc. 1[X X] [Section 22(2)(b)(ii)] | Amount of Proprietor's/ Tenure holder's share ofincome from forest as determined under section 22(2)(b)(vi) | Amount of Proprietor's/ Tenure-holders share ofgross annual income of previous agricultural year from any othersources not included in columns 4 to 11 [Section 22(2)(b)(viii)]. | Total gross assests of Proprietor/ Tenure-holderfor all his estates and tenures | Amount of Land Revenue or rent payable byProprietor/ Tenure-holder in respect of his share inTauzi/tenure [Section 23(1)(a)] |
| 11 | 12 | 13 | 14 | 15 |
| Amount of cess payable byproprietor/tenure-holder in respect of his share inTauzi/Tenure [Section 23(1)(a)] | Amount of proprietor's/Tenure-holder' share ofChaukidari tax or Municipal-tax payable for buildings usedprimarily as office orCutchery[Section 23(2)(d)] | Amount of proprietor's/ Tenure-holder's share ofany other tax legal or imposition commuted value of any servicesor obligation the rendering or discharge or which is a conditionprecedent to enjoyment of the estate or tenure [Section 23(1)(g)] | Amount of Agricultural Income-tax in respect ofhis total agricultural income derived by the proprietor/tenure-holder in the previous agricultural year. [Section 23(1)] | Amount of income-tax payable by the proprietor/tenure-holder for the previous agricultural year. (If theproprietor/ tenure-holder for the previous agricultural year. (Ifthe proprietor/ tenure-holder has different sources of incomeassessable to income-tax the amount of tax payable by him on theincome from the estate-tenure other than income form royalties onmines should be determined in accordance with the rate ofassessment which would have been applicable if the proprietor/tenure-holder had no income other than the income derived formsuch estate or tenure). [Section 23(1)(c)] |
| 16 | 17 | 18 | 19 | 20 |
| Amount of cost of works management calculated onthe total gross, asset as entered in column 14. [Section23(1)(e)] | Amount of cost of works of benefit calculated onthe total gross asset as entered in column 14 [Section 23(1)(f)] | Net income of Proprietor/ Tenure-holder | Remarks | (If the Proprietor/ Tenure-holder owns anyestate/ tenure which lines within the jurisdiction of any otherCompensation Officer, this should be noted. |
| 21 | 22 | 23 | 24 | 25 |
| Name of| ProprietorTenure-holder| with father's name and residence |
| Note.- If the interest of the| ProprietorTenure-holder| lies within the jurisdiction of more than one Compensation Officer |
| Serial No. | Name, description and location of the mines orminerals | Annual gross income from royalty during the last12 agricultural years or any shorter period [Section 24(2)] | Average amount of gross annual income fromroyalty | Cost of collection calculated according to ratesprescribed in rule under Section 25(2) | Net annual average income from royalty Annualgross income from the working of the mine worked directly by theproprietor or tenure-holder during the previous 92 agriculturalyears or/ shorter period-Section 25(2) | |
| Year | Amount | Year | Amount | |||
| 1 | 2 | 3 | 3a | 4 | 5 | 6 |
| Average annual gross income from directly workedmines. | Net annual income from royalty on mines workeddirectly. i.e., 5 per cent of the amount in column 6(e) [Section25(3)] | Total of column 5 and 7 | Average annual[incometax and cess payable] [Substituted by Notification No. 1644 LR, dated 24.2.1960.]on the amount of income in column 8{| |
| (If the| ProprietorTenure-holder |
25.
| Date | CompensationOfficer. |
| Serial No. | Name of compensation-holder with father's nameand address | Total net annual income (as entered in Form E) | Deduction on account of monthly allowance in lieuof maintenance which is a charge on estate governed by law ofprimogeniture [Section 24(6)] | Net annual income after deducting the amount incolumn 4 |
| 1 | 2 | 3 | 4 | 5 |
| Amount of compensation payable (calculated ontotal net income in column 5) (Section 24) | [Amount deducted on account of arrears ofrevenue and cesses and arrears of rent including royalties andall cesses together with the interest due thereon and all otheramounts recoverable by the State Government from the intermediary[Section 4(b) 4 (c)] [Inserted by Notification No. 1644 L.R., dated 24.2.1960.] | [Amount deducted with consent of theintermediary on account of excess collections of rent and cess byhim for any period after the date of vesting [Section 4(cc)] [Inserted by Notification No. 1644 L.R., dated 24.2.1960.] | Compensation payable to the holder of a temporarylease. [Section 24(2) vide Form H] | Amount payable to creditors as determined underChapter IV where interest of proprietor or tenure-holder issubject to a mortgage or charge. [Section 24(5)] |
| 6 | 7 | 8 | 9 | 10 |
| [Deduction made on account of ad interim paymentin excess of 2 per cent. [Section 33(2)] [Inserted by Notification No. 1644 L.R., dated 24.2.1960.] | [Amount previously paid on account, of 20 percent of the compensation, (Section 32)] [Inserted by Notification No. 1644 L.R., dated 24.2.1960.] | [Amount of compensation payable. (Column 6 minuscolumn 7+8+9+10+11, A-B)] [Inserted by Notification No. 1644 L.R., dated 24.2.1960.] | Compensation for mines or minerals determinedunder Section 25 | Total compensation payable (add figures incolumns 12 and 13) | Remarks |
| 11-A | 11-B | 12 | 13 | 14 | 15 |
| Date | CompensationOfficer. |
| temporary lease of estate or tenure under| ProprietorTenure-holder| with father's name and residence. |
| Serial No. | Name and father's name of lessee and place ofresidence | Particulars of estate or tenure or share thereofunder temporary lease | Date on which the lease come into effect | Particulars of document, if any by (which leasewas granted) | The period of the lease |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Amount | Advanced | Period of which the lesee has been in occupation | Amount of advance to be refunded to the lessee | Fifty per cent of the total amount of arrear rentand cess due to the lessee | Compensation payable to lessee (Total of column10 and 11) (Section 24) | Remarks |
| (a)Adjustable on the expiry of the term | (b)Refundable after the expiry of the termAmount | |||||
| 7 | 8 | 9 | 10 | 11 | 12 | 13 |
| Serial Number | Ad interim payment case number | Name of outgoing proprietor/ tenure holderentitled to receive ad interim payment with father's name | Place of residence with postal address | Name of sub-division | Number and date of notification under Section3(1) of the Land Reforms act, 1950 and date of publication in theBihar Gazette | Approximate amount of estimated compensation |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Exact amount ofad interimpayment due | Remarks (e.g.,ad interimpayment refused,suspended or stopped with date of order and initials of theCollector | For use in Audit Office | ||||
| For the first half-year ending 30th Septembercalculated at- | For the Second half-year ending 31st Marchcalculated at- | Number and date of | Initials of | |||
| 2-½ per cent. | 3 per cent. | 2-½ per cent. | 3 per cent. | Treasury voucher | Superintendent, where necessary | |
| 8 | 9 | 10 | 11 | 12 | 13 | 14 |
| Serial Number | Ad interim payment case number with year | Date of vesting with number and date ofnotification under Section 3(1) | Approximate amount of compensation estimated | Number and date of order sanctioned and interimpayment with the name of the Collector passing the order | Period for which due | Ad interim payments to be made under Section33(1) calculated | ||
| From- | To- | 22 p.c. | 3 p.c. | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Amount paid | Actual date of payment | Date from whichad interimpayment ceased | Deduction to be made from final compensationdetermined under Section 52 on account ofad interimpayment in excess of 2 percent per annum of such finalcompensation | Reference to the Compensation Assessment Roll inwhich amount shown in Column 13 recovered | Remarks (e.g. ad interim Payment refused,suspended or stopped with date of the order giving briefreasons). initials of the Collector or the Gazetted Officerincharge |
| 10 | 11 | 12 | 13 | 14 | 15 |
| Serial No. | Name of proprietor or tenure-holder to whompayments sanctioned | Amount sanctioned together with date of theCollector's order | Number and date of the Payment order | Number and date of the bill made over to thepayee | Receipt of the payee |
| 1 | 2 | 3 | 4 | 5 | 6 |
| Signature of the officer in whose presence thebill is made over to the payee | Signature of the accountant | Treasury voucher number and date of encashment ofthe bill | Date of verification | Remarks (Note page number Register for ad interimpayment - Form J in this column for cross reference) |
| 7 | 8 | 9 | 10 | 11 |
| Item number | Name of the payee | Name and year of the case under Section 33 L.R.Act | Number and date of the bill | Amount of the bill | T.V. number and date | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Item number | Name of the payee | Name and year of the case under Section 33 L.R.Act | Number and date of the bill | Amount of the bill | T.V. number and date | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
1. The Treasury Officers should not encash any bill fa ad interim payment till this advice received from the Collector and compared by him with the bill to see that the payees and amounts mentioned in both documents agree.
2. After payment of the bill Treasury Officer should detach the lower portion of the advice list and send it to the Collector after noting therein the T.V. No. and date in column 6 thereof.
T.C. Form No. 96(See Rule 446-A of the Bihar Treasury Code, Volume 1)[Bill for making ad interim payment to proprietors/tenure-holders under Section 33 of the Bihar Land Reforms Act, 1950.]Bill no. ........... dated ................ Bill for ad interim payments for the half yearly period from (date.........) ................ 200 ..... to date) .............. 200 ........ Heads of Account -Major head ........................... Treasury voucher ................... Minor head .......................... No. ............................... of ................... District:Sub-headList of payments for - 200 ..........| Item number | Date of order with the name and designation ofoffice passing the order | Ad interimpayment case number with year | Reference to item number in the - | Name of proprietor or tenure-holder | Amount of ad interim payment in figure (videdetails given on the reverse) | Remarks | |
| District-wise list of the half year ending | Advice list bearing number and date | ||||||
| 1 | 2 | 3 | 4(a) | 4(b) | 5 | 6 | 7 |
| One anna revenue Stamp for sums exceeding Rs. 20 | Countersigned for Rs. …..............(inwords) | ||
| Signature of the payee. | |||
| Date.......... | Please pay to …............ whosesignatureor thumb impression asgiven above has been obtained inmypresence. | ||
| (Date signature of the messenger) | |||
| Collector. | |||
| Date...................District................. |
| Date of vesting of Notification | Amount of approximate compensation | Rate per cent | Half year for which due (the exact period shouldbe stated when it is not a complete half year) | Amount |
| Rs. P. | Rs. P. |
| Appropriation for the current year...... | Rs. P. |
| Expenditure including this bill...... | ___________ |
| Balance of appropriation available........ | ___________ |
| Ad interimpayment case number with year | Name of proprietor or tenure-holder | Amount ofad interimpayment | Half yearly ending to which the payment relatesof the actual period where the claim is not for a completehalf-year | Number and date of the bill | Treasury voucher number and date of payment | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Rs. n. p | ||||||
2. All the lands described in the enclosed Annexure A were on the date of vesting of such estates/tenures in my Khas possession or in the possession of my temporary lessee or mortgagee as stated therein, and all the buildings or structures, together with the lands on which they stand, also described in the said Annexure A, were in my possession at the commencement of the said Act and used for the purpose mentioned in sub-section (1) of Section 7 of the said Act before the first day of January, 1946; and as such, the said land as well as the said buildings or structure should be deemed to be settled by the State with me subject to the payment of such fair and equitable rent or ground-rent as may be determined by the Collector under the provisions of the said Act and the Rules framed thereunder.
3. I, therefore, request that fair and equitable rent and ground rents for all the land/buildings or structures described in Annexure A, may be determined according to law.
Signature of the applicant or his authorised agent.Date............200.....VerificationI, .............. declare that the facts contained in the above application including Annexure A are true to the best of my knowledge, belief and information.Identified by -Signature and designation.Date..........Signature of the applicant or his authorised agent.Date..................Place.................Annexure 'A' To Form KList of ................. in respect of which determination of fair and equitable rent and ground-rent under Sections 5, 6 and 7 of the Bihar Land Reforms Act, 1950, is requested.| Name of outgoing| ProprietorTenure-holder| _ |
| Serial No. | Name of village with Thana and Thana No. | Name of estate/ tenure | Tauzi/KhewatNo. | KhatianNo. | Plot No. | Class of lands/ buildings etc. | Area |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Whether, with respect to lands, in possession ofthe applicant or of his temporary lessee or mortgagee on the dateof vesting | Commencement of Bihar Land Reforms Act, 1950 andused, for purposes mentioned in Section 7(1) before 1st January,1946 | If in the possession of a temporary lessee ormortgagee give full details of the temporary lease or mortgagebond e.g. name of the lessee or mortgagee with address, period oflease or mortgage covered, the lease or mortgage bond, amountadvanced etc. | Remarks |
| 9 | 10 | 11 | 12 |