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State of Bihar - Section

Section 67 in Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949

67. Penalties.

(1)If any person-
(a)being a landlord, fails to repair and maintain any has bandhs, ahars dykes, dams, danrs, drains, tanks or any other water reservoirs or channels which he is bound, by the provisions of this Act or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights, to repair and maintain, or
(b)being a landlord or an agent of a landlord, a village headman or mulraiyat, fails to perform any of the duties imposed by this Act, or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights, or
(c)being a landlord, or the agent of a landlord, village headman or a mulraiyat, fails to repair, with the assistance of the raiyat, any bandhs, ahars, dams, dykes, drains, tanks, any other water reservoirs and irrigation channels, village paths or boundary marks which he and they are bound, by the provision of this Act or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights to repair, or fails to preserve any of the recorded village paths or camping or grazing grounds, or
(d)being a landlord, or the agent of a landlord, a village headman or a mulraiyat, fails to report to competent authority any transfer of village land made in contravention of Section 20, or
(e)being a landlord, or the agent of a landlord, fails to report to the Deputy Commissioner the death of a village headman as provided in Section 6, or
(f)being a landlord, or the agent of a landlord, a village headman or a mulraiyat, settles any village waste land or vacant holding or any other holding or land with a non-jamabandi raiyat, or
(g)being a landlord, or the agent of a landlord, fails to supply a newly appointed village headman either with original or with certified copies of the jamabandi and the record-of rights within the period specified in Section 8, or
(h)being a raiyat-
(i)fails to assist the landlord, or village headman or mulraiyat, as the case may be, in the repair of any village bandhs, ahars, dykes, dams, danrs, drains, tanks, any other water reservoirs and irrigation channels, village paths or boundary marks, which he is bound to do by the provisions of this Act or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights, or
(ii)encroaches on any of the recorded village paths, camping or grazing grounds, or
[* * * ] [Sub-clause (iii) of clause (h) of sub-section (1) omitted and sub-clause (iv) renumbered as sub-clause (iii) by the Bihar Scheduled Areas Regulation, 1969 (Regulation 1 of 1969)]
(iii)cuts down any village trees in contravention of the provisions of this Act or any law or anything having the force of law in the Santhal Parganas including any custom entered in the record-of-rights or otherwise uses, or prevents the use of, village forest in contravention of the provisions of this Act or any law or anything having the force of law in the Santhal parganas,
he shall be liable to a fine which may extend To two hundred rupees and in the case of a continuing offence to a further fine not exceeding five rupees for each day during which the offence continues.
(2)[ If any land is transferred in contravention of the provisions Section 20 or any other provision of this Act or by fraudulent method and is held or cultivated by any person with knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may exited to three years or with fine which may extend to one thousand rupees or with both, and in the case of a continuing offence, to a further fine not exceeding fifty rupees for each day during which the offence continues.] [Inserted By Section 6 of the Bihar Scheduled Areas Regulation, 1969 (Regulation 1 of 1969)]
(3)Such fine shall be imposed by the Deputy Commissioner after such enquiry as the Deputy Commissioner may hold either on his own motion or on information received or upon the complaint of the party aggrieved made within three months from the date on which the offence was committed.]
(4)An appeal shall lie to the Commissioner against any order of the Deputy Commissioner imposing a fine under sub-section (2) and the order passed by the Commissioner on such appeal shall be final.]