Section 20 in Bihar Special Survey and Settlement Act, 2011
20. Act to override other laws.
(1)The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, of any customs or usages having the force of law or contract or judgment, decree or order of the court or any other authority.(2)The procedure for survey and settlement as laid down in the Bihar Tenancy Act,1885, The Bihar Survey and Settlement Manual, 1959 Technical Rules and The Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 shall be deemed to be superseded, modified or supplemented, as the case may be, by the provisions of this Act, Rules and Manual made hereunder and guidelines issued from time to time to give effect to the provisions of this Act.Explanation. - Earlier Survey & Settlement proceedings carried out under the appropriate law for the time being in force, shall not be construed to be illegal, to any extent, after coming into force of this Act.[Explanation. -(i)Any proceedings instituted before Revenue officer under section-106 of Bihar Tenancy Act, 1885 after final publication of the record of right and still pending for disposal and decision of the disputes shall be heard and decided within the period of 12 (twelve) months from the date of coming into force of this amendment Act in accordance with the provisions of Bihar Tenancy Act, 1885 as if the said provisions have not been superseded under this Act.(ii)Any revision, which is still pending for order or decision under section 108 of Bihar Tenancy Act, 1885, shall be heard and decided within a period of 12 (twelve) months from the date of coming into force of this amendment Act in accordance with the provisions of Bihar Tenancy Act, 1885 as if the said provisions have not been superseded under this Act.(iii)If any application is still pending under Section 108A of Bihar Tenancy Act for correction of mistake, or material error in the Record of Right, correction may be made after giving reasonable opportunity to the parties concerned to appear and heard in the matter. The application shall be disposed of within 120 working days from the date of coming into force of this amendment in accordance with the provisions of Bihar Tenancy Act, 1885 as if such provisions have not been superseded under this Act.(iv)However, no fresh proceedings shall be instituted under Section 106 or fresh revision under Section 108 and no fresh application under Section 108A of Bihar Tenancy Act, 1885 shall be entertained by revenue officer.](3)[ After Publication of draft of the Record of Rights, Assistant Settlement officer shall prepare settlement rent roll for every Raiyat of the concerned Mauza on the basis of table of rates determined by the State Government.(4)Publication and amendment of settlement rent roll-(i)When settlement rent-roll for the concerned Mauza has been prepared, the Assistant Settlement officer shall cause a draft of it to be published in the prescribed manner for a prescribed period, to receive objections regarding any omission or mistake made to any entry.(ii)All such objections received during the period of publication, shall be disposed of by the Assistant Settlement Officer after reasonable notice given to parties concerned to appear and to be heard.(5)Confirmation of settlement rent-roll and incorporation in Record of rights. - The Assistant Settlement officer shall submit settlement rent-roll thus prepared to the Settlement Officer through the Charge Officer for sanctioning the settlement rent-roll. The Charge Officer shall examine the settlement rent roll and if it is found correct in his opinion he shall submit it to the Settlement Officer for confirmation and sanction.(6)The Settlement Officer may sanction settlement rent-roll with or without correction or may return it to the Assistant Settlement officer for reconsideration.Provided that no entry shall be amended until reasonable notice has been given to parties concerned to appear and be heard in the matter.(7)After sanction by the settlement Officer the Assistant Settlement officer shall finally frame the settlement rent-roll and shall incorporate it with Record of rights and publish.] [Added by Bihar Act No. 23 of 2017, dated 4.9.2017.]
