State of Jharkhand - Act
The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958
JHARKHAND
India
India
The Bihar Consolidation of Holdings and Prevention of Fragmentation Rules, 1958
Rule THE-BIHAR-CONSOLIDATION-OF-HOLDINGS-AND-PREVENTION-OF-FRAGMENTATION-RULES-1958 of 1958
- Published on 20 August 1958
- Commenced on 20 August 1958
- [This is the version of this document from 20 August 1958.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, extent and commencement.
2. Definitions.
- In these rules unless there is anything repugnant in the subject or context. -3. [ Cancellation of notification under Section 4 of the Act. [Substituted by S.O. 1461. dated 26.8.1976.]
- The notification made under Section 3 of the Act may, among other reasons, be cancelled in respect of the whole or any part of the area on one or more of the following grounds, namely. -4. Application for sanction of transfer or partition under Sub-Section (1) of Section 6.
5. [ Appeals under Sections 6(4), 10(6), 12A(2) and 19(2).-Manner of disposal of appeals under sub-section (4) of Section 6, sub-section (6) of Section 10, sub-section (2) of Section 12A and sub-section (2) of Section 19. [Substituted by S.O. 1461, dated 26.8.1976.]
- In hearing and disposing of appeals filed under sub-section (4) of Section 6, subsection (6) of Section 10, sub-section (2) of Section 12A and sub-section (2) of Section 19 the procedure laid down in Order XLI of the Code of Civil Procedure for the disposal of civil appeals shall be followed as far as may be.]6. [ Procedure for cadastral surveys and preparation of record-of-rights before consolidation. [Substituted by S.O. 902, dated 30.4.1971.]
- While preparing an up-to-date record-of-rights before consolidation under Section 8, the provisions of Chapter X of the Bihar Tenancy Act, 1885 (Act VIII of 1885), Chapter XII of the Chota Nagpur Tenancy Act, 1908 (Bengal Act VI of 1908), and the Santhal Parganas Settlement Regulation, 1872 (Regulation III of 1872), for the survey and preparation of record-of-rights shall be followed subject to the following modifications]:-6A. [ Register of land to contain certain particulars. [Inserted by S.O. 1461 dated 26.8.1976.]
- The register of land shall also contain the following items, namely.-6B. [ Issue of parwana. [Inserted by S.O. 1461 dated 26.8.1976.]
6C. [ Statement of principles. [Inserted by S.O. 1461 dated 26.8.1976.]
6D. [ Publication of the Statement and Registers.. [Inserted by S.O. 1461 dated 26.8.1976.]
- The statement of principles under Section 9A and the register of land prepared under Section 9 shall be published in the unit along with the map for a period of 30 days by beat of drum and a general notice in Form X-A shall be published in the unit in the manner prescribed in rule 13. Before the date of such publication a notice in Form X-B along with the extracts of the relevant entries of the register of land shall be served upon the raiyats and under-raiyats of the land to which the entries relate.7. [ Manner of appointment of Village Advisory Committee under Section 7. [Substituted by S.O. 1461, dated 26.8.1976.]
8. Manner and purpose of consultation with the Village Advisory Committee under Section 40(2)(c).
- Manner in which and the purpose for which the Consolidation Officer shall consult the Village Advisory Committee. -9. Rules for preparation of draft scheme of consolidation under Sections 11 and 40(2)(k) Rules for the guidance of the Village Advisory Committee, the [Assistant Consolidation Officer] [Substituted for 'Consolidation Officer' by S.O., 1461 dated 26.8.1976.] and other persons in preparing the scheme of consolidation under Sections 11 and 40(2)(k).
- The following procedure shall be followed in preparing the draft scheme of consolidation :-9A. [ [Inserted by S.O. 1461, dated 26.8 1976.]
The scheme prepared under Section 11 along with a map and a general notice in Form XII-A shall be published in the unit in the manner prescribed in rule 13. Relevant extract from the draft consolidation scheme shall be prepared by the Amin in duplicate in respect of each raiyat and under-raiyat. It shall be attested by the Assistant Consolidation Officer and one copy of the extract shall be issued to the raiyat or under -raiyat, on demand, free of charge. It shall be the responsibility of the Assistant Consolidation Officer to ensure that no harassment is caused to any raiyat or under-raiyat in supplying the extract.9B.
The objections received by the Assistant Consolidation Officer under Section 12(2) shall be forwarded by him to the Consolidation Officer for disposal. Separate files shall be opened for each case in which objections are received under Section 12(2) of the Act. The file of each case shall deal with one set of parties. All the objections shall be entered in a register in Form XXV in the office of the Consolidation Officer.9C.
9D.
Upon confirmation of the scheme under sub-section (1) of Section 13, it shall be published in the unit by beat of drum and a copy of the confirmed scheme shall be displayed in the office of the Assistant Consolidation Officer.9E.
The procedure to be followed under Section 17A by the Assistant Consolidation Officer in putting the raiyats in actual physical possession over the chaks allotted to them shall be the same as prescribed in the Civil Procedure Code for delivery of possession over immovable property in execution of a decree.9F.
After the scheme is confirmed under sub-section (1) of Section 13 and published in the unit under sub-section (2) of Section 13 the Consolidation Officer shall in consultation with the Village Advisory Committee fix a date from which the final consolidation scheme shall come into operation. Such date shall be published in the unit by beat of drum.] [Inserted by S.O. 1461, dated 26.8.1976.]10. Rules regarding transfer of lease, mortgage or other encumbrance under Sections 18 and 40(2)(f).
- Rules for the guidance of the Consolidation Officer in respect of the transfer of a lease, mortgage or other encumbrance under Sections 18 and 40(2)(f)- A person having lease, mortgage or other encumbrance on the (former) holding of a raiyat should be allotted land of equivalent value out of the new holding of that raiyat. If the land allotted to a lessee, mortgagee or other encumbrancer is of lesser market value than those of the land previously held under lease, mortgage or other encumbrance, the Consolidation Officer shall determine the amount of compensation which the raiyat of the holding shall pay to him.11. [ Notice under Rule 6D and Sections 11(1) and 12(1). [Substituted by S.O. 1461, dated 26 8.1976.]
- Notices to be issued under rule 6-D and Sections 11(1) and 12(1) shall be a general notice.12. Form of general notices under rule 6D and Sections 11(1) and 12 (1).
- The Assistant Consolidation Officer shall issue a general notice under rule 6-D and Sections 11(1) and 12(1) in Form XA, VII and XII-A.13. Mode of service of general notices under section 40(2)(a).
- A general notice prescribed under sub-rules 6 and 7 of rule 7. and rule 11 shall be served by affixing a copy of it in presence of not less than two persons of the village of the Gram Panchayat Ghar or any conspicuous place in the village as well as by publishing it in that village by beat of drum. Such notice under Section 11(1) and rule 7(6) shall be served at least 15 days prior to the date fixed for meeting or visit of the officers concerned, as the case may be. The notice in sub-rule (7) of rule 7 shall be served as soon as possible after appointment at the members of the Village Advisory Committee.14. Form of notices under Section 12A(1).
- The Consolidation Officer shall issue notice under Section 12A(1) in Forms XIII and XIII-A and the Assistant Director of Consolidation in Forms XIV and XIV-A.]15. Mode of service of notice under Section 40(2)(b).
- Mode of service of notice. - (1) Unless otherwise provided in the Act or prescribed in these rules, any notice or summons 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.16. [ The manner of determining compensation under Section 19(1). [Substituted by S.O. 1461, bated 26.8.1976.]
17. [ Certificate of transfer under Section 15-Certificate of transfer-Form and particulars under Section 15. [Substituted by S.O. 1461, dated 26.8.1976.]
- Relevant extract of Register XVII (Parts I and II) shall be issued to every raiyat and under-raiyat. which shall constitute the certificate of transfer under section 15.]18. Register of lands under Sections 9 and 13.
| (i) | Register of lands ofraiyats | ... | Form XVII. |
| (ii) | Register of lands of underraiyats | ... | Form XVIII. |
| (iii) | Register of land ofGairmazrua Khas maliklands | ... | Form XIX. |
| (iv) | Register of lands ofGairmazruaam lands | ... | Form XX. |
| (v) | Register of lands held by Government Departments and LocalAuthorities. | ... | Form XXI. |
| (vi) [ [Added by S.O. 1461, dated 26.8.1976.] | Register of Draft Consolidation Scheme | ... | Form XXII-A.] |
19.
[x x x] [Omitted by S.O. 1461, dated 26.8.1976.]20.
[x x x] [Omitted by S.O. 1461, dated 26.8.1976.]21. Assessment of rent including water rates of reconstituted holding under Section 40(2)(g)-The manner in which area and assessment of rent (including water rates if any) of each reconstituted holding shall be determined.
- (i) The area of a reconstituted holding shall be determined in accordance with the instructions and rules prescribed in Bihar and Orissa Survey and Settlement Manual, 1927 and the Technical Rules of the Settlement Department, Bihar and Orissa, 1927.22. Assessment of cost of consolidation under Section 24.
- Procedure for assessing the cost of consolidation proceedings under section 24. - (i) The cost of consolidation proceedings in a village shall be assessed by adding up the following items:-23. Appointment of guardians of minors or person of unsound mind under Section 40(2)(h).
- Appointment of guardians of minors whose interest may be affected by consolidation proceedings-24. Court-fees under Section 40(2)(J).
- Court fees payable on application and memoranda of appeals. - The Court fees payable on applications, processes and memoranda of appeals shall be follows:-| Nature of application, process and appeals. | Amount of Court-Fee stamps payable per application, process,or memorandum of appeals. | |
| Rs. | ||
| 1. | Application under sub-section (1) of Section 6 | 1.50 |
| 2. | Process fees under sub-section (1) of Section 6 | 1.13 |
| 3. | Memorandum of appeal under sub-section (4) of Section 6 orSection 10 | 2.50 |
| 4. | Application filed during the preparation of therecord-of-rights other than petition of objection. | No court-fee payable |
| 5. | Petition of objection under section 103A of the Bihar TenancyAct, 1885; Section 83 of the Chotanagpur Tenancy Act, 1908 orSection 24 of the Santhal Parganas Settlement Regulation, 1872 | Rs. 1.50 for each objection petition besides process fee ofRs. 1.13 per process |
| 6. | Objections under sub-section (2) of Section 10 | No court-fee payable |
| 7. | Objections under sub-section (2) of Section 12 | Ditto |
| 8. | Objections under sub-section (3) of Section 13 | Ditto |