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State of Bihar - Section

Section 43 in Bihar Land Reforms Rules, 1951

43. [ Manner of payment of perpetual annuity assessed under Section 24 (3). [Inserted by Notification No. 11336 L.R., dated 9.11.1963.]

(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 O. 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 new Trustee/Mutawali Shebait and cancelling the previous Annuity Payment Orders. Fresh entries will be made in the register in Form V, 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.]The Schedule[Form A] [Substituted by Notification No. 1644 LR, dated 24.2.1960.](See Rule 4)Form of Collector's written order under Section 4(g) of the ActTo,Shri/ShrimatiWhereas by reason of the vesting in the State of the estate/tenure bearing Tauzi/Khewat No. ............. in the district of .......... under the provisions of the Bihar Land Reforms Act, 1950, I ............. Collector appointed by the Government of Bihar under the said Act, am of opinion that the State is entitled to the direct possession of the property specified below. I do hereby order you being in possession of such property to deliver possession of the said property to the undersigned by the .............. day .............of .......... 19 .......... or show cause, if any, against this order in my court within fourteen days of the service of this order.Particulars of the property in respect of which the notice is given:
(1)Estate/Tenure..........
(2)Tauzi No./Khewat No ...........
(3)Particulars of land and buildings in respect of which notice is given.......Given under my hand & seal on this day ............ 19 ............Collector.[Form B] [Substituted by Notification No. 1644 LR, dated 24.2.1960.](See Rule 4)Form of Collector's general notice under Section 4(h) of the Act To Whomsoever it may ConcernWhereas it appears to me that the lands ....... (Specify particulars here) .......... situated in Tauzi No. .......... of tenure bearing Khewat No. ................. (if any) in the district of ............. or an interest ................ (specify the kind of extent of interest) ............. in the building ............ (specify place and location) ............ used primarily as the Office/Kutchery for the collection of rent of the estate or tenure have been transferred by the outgoing intermediary by settlement of lease or otherwise with/to Shri/Shrimati ............ (specify name and address) .....Therefore, it is notified for general information that any person interested or concerned, namely, transferor, transferee or any person in possession of the said property may, within 14 days of the service of the notice, produce documents before the undersigned to decide (i) whether the aforesaid transfer took place before or after the 1st January, 1946; and (ii) whether the aforesaid transfer was made with the object of defeating any provision of the Bihar Land Reforms Act, 1950 or causing loss to the State or obtaining higher compensation thereunder.Given under my hand and the seal of the Court this ............... 19 .........Collector[Form B(1)] [Substituted by Notification No. 1644 L.R., dated 24.2.1960.](See Rule 4)Form of Collector's notice under Section 4(h) on Transferor, Settler and LessorTo,
(1)
(2)
(3)
(4)Whereas it appears to me that you have transferred by settlement or lease or otherwise the land (specify particulars here) ............... situated in Tauzi No. .................. or Tenure bearing Khewat No. ............ (if any) in the district of ............. or have transferred in interest (specify the kind or extent of interest) ................. in the building (specify placed location) ............... used primarily by you as your office or Kutchery for the collection of rent of your estate or tenure with/to Shri/Shrimati (specify name and address) ................ and I am satisfied that such transfer/settlement/lease was made after the first day of January, 1946 with the object of defeating any provisions of the Act or causing loss to the State or obtaining higher compensation thereunder, you along with your transferee/settlee/lessee as aforesaid are hereby directed to appear before me personally or through an authorised agent to show cause within 14 days of the service of the notice why the aforesaid transfer/settlement/lease should not be set aside, and why your transferee/settlee/lessee, as aforesaid, should not be dispossessed and why the property, as aforesaid, should not be taken possession of under Section 4 (h) of the Act.Given under my hand and seal on this day .............. 19 .........Collector[Form B(2)] [Substituted by Notification No. 1644 L.R., dated 24.2.1960.](See Rule 4)Form of Collector's notice under Section 4(h) on Transferee, Settlee and LesseeTo,
(1)
(2)
(3)
(4)Whereas it appears to me that your are: (i) the transferee by settlement, lease or otherwise of the lands (specify particulars here) ............ situated in Tauzi No. ...........or tenure bearing Khewat No. ........... (if any) in the district of ........... or (ii) the transferee of an interest (specify the kind or extent of interest) ........... in the building (specify place and location) ............... used primarily by the landlord ............... (give name and address) as his office or Kutchery for the collection of the rent of his estate or tenure ................. (give Tauzi No. or Khewat No.) ............ and I am satisfied that such transfer/settlement/lease was made after the first day of January, 1946, with the object of defeating any provisions of the Act or causing loss to the State or obtaining higher compensation thereunder, you are hereby directed to appear before me personally or through an authorised agent to show cause within 14 days of the service of the notice why the aforesaid transfer/settlement/lease should not be set aside and why the property, as aforesaid, should not be taken possession of under Section 4(h) of the Act.Given under my hand and seal of the Court this day ............... 19 ..........Collector[Form B(3)] [Added by Notification No. 1644, L.R., dated 24.2.1960.](See Rule 4)Form of Collector's general notice under Section 4(hh) of the Act To Whomsoever It May ConcernWhereas it appears to me that a reduction/remission, partial or entire of rent in respect of an agricultural holdings/agricultural holding nos. in Village ............. Thana ........... Thana No. .......... comprised in the estate bearing Tauzi No. ................ Tenure bearing Khewat No. .............. was made by the outgoing intermediary for a period of .......... in perpetuity.Therefore, it is notified for general information that any person interested or concerned may, within 14 days of the service of the notice, produce documents before the undersigned to decide (i) whether the aforesaid reduction/remission was made before or after the 1st January, 1946 and (ii) whether such reduction/remission was made with the object of defeating the purpose of the Bihar Land Reforms Act, 1950 or causing loss to the State.Given under my hand and seal of the Court this day ............... 19...........Collector.[Form B(4)] [Added by Notification No. 1644, L.R., dated 24.2.1960.](See Rule 4)Form of Collector's notice under Section 4(hh) of the ActTo,
(1)
(2)
(3)
(4)Whereas it appears to me that a reduction/remission, partial or entire, of rent in respect of all agricultural holdings/agricultural holding Nos. ....................... in village ............ Thana ......... Thana No. .............. comprised in the estate bearing Tauzi No. ............. Tenure bearing Khewat No. ............ was made by the outgoing intermediary for a period of ............. in perpetuity and that such reduction/remission was made after the 1st January, 1946 with the object of defeating the purpose of the Bihar Land Reforms Act, 1950 or causing loss to the State, you are hereby directed to appear before me personally or through an authorised agent to show cause within 14 day of the service of this notice why the aforesaid reduction/ remission should not be cancelled and the rent of such holding which was payable in respect of the said holding immediately before the 1st January, 1946 be restored under Section 4(hh) of the Act.Given under my hand and seal of the Court this day .............. 19 .........CollectorForm C(See Rule 4)Form of Collector's notice under Section 4(i)To,Shri/ShrimatiProprietor/Tenure-holder(Specify particulars of estate or tenure or part thereof)Whereas your estate/tenure or your interest therein has vested in the State under this Bihar Land Reforms Act, 1950, and whereas you have not complied with the requisition of the Collector to produce the documents, paper and registers specified below you are hereby directed to produce within 48 hours of the service of the notice before Mr authorised by me for the purpose, the documents specified below which are in my opinion necessary for the management of the aforesaid estate or tenure:
(1)Jamabandi of your interest in estate or tenure (of cash and produce rent).
(2)Wasul Baki Book.
(3)Siaha Book.
(4)Khatian or Khewat of the estate/tenure, if any
(5)[XX] [Repealed by Notification No. 1644 LR, dated 24.2.1960.]
(6)Register of Accounts of Bhawli or Batai lands.
(7)Register of lands in your Khas possession together with the connected documents or papers in support of it.
(8)Any other document or paper relating to the management of the estate or tenure.Given under my hand and seal of the Court this day ........ 19 .....CollectorNote. - Notice under Section 4(1) to be served when requisition under Section 40 has not been complied with within the time fixed in the said requisition.Any of the items (1) to (8) not required should be cancelled.Form DNotice Under Rule 15To,Name of Proprietor/Tenure holder with father's name and residence.Take notice that I .................. appointed as Compensation Officer by the State Government under Section 19 of the Bihar Land Reforms Act, 1950, shall proceed to determine the compensation payable to proprietors and tenure-holders, under Sections 19,20,21,22,23 and 24 of the Bihar Land Reforms Act, 1950 and you are hereby called upon to submit a return, giving the following particulars and information within a period of 30 days from the date of service of this notice.