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State of Bihar - Section

Section 2 in Bihar Land Mutation Act, 2011

2. Definitions.

- In this Act, unless there be anything repugnant to the subject or context:-
(1)"Mutation" means alteration in the entries in the Continuous Khatian, Tenants Ledger and Khesra Register on account of transfer of right of a person in a holding or a part there of by way of any of the following means/instruments :-
(a)Sale-Purchase,gift,
(b)Exchange,
(c)Partition of Holding,
(d)Inheritance/ succession intestate or testamentary,
(e)Will,
(f)Order/Decree of court under Code of Civil Procedure, 1908,
(g)Order/Decree of court under The Bihar Land Disputes Resolution Act, 2009,
(h)Settlement/ Transfer/Assignment of Public Land by competent authority,
(i)Acquisition under the Land Acquisition Act, 1894,
(j)Land granted under the Bihar Bhoodan Yagna Act, 1954,
(k)Settlement of Homestead under the Bihar Privileged Persons Homestead Tenancy Act, 1947,
(l)Tripartite purchase of raiyati land for Mahadalit families under Purchase Policy, 2010,
(m)Restoration of land to former raiyats under the Kosi Area (Restoration of Lands to Raiyats) Act, 1951,
(n)Restoration of land to former raiyats under the Land Acquisition Act, 1894,
(o)Settlement of surplus land under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, or
(p)Through any other means/ instrument which the Government may notify from time to time.
(2)"Record of Rights" means the latest Record of Rights as finally published under chapter X of the Bihar Tenancy Act, 1885.
(3)"Continuous Khatian" means updated Record of Rights being maintained in the prescribed form reflecting changes in the rights of a person in a holding or a part thereof since the last finally published Record of Rights.
(4)"Tenants' Ledger Register" means a revenue village-wise Register being maintained in the prescribed form showing details of land held by different tenants of that revenue village and yearly demand of rent and cess on account of land held by them as well as rent and cess yearly realised from them.
(5)"Competent Authority" means any authority authorised to settle/transfer/ assign public land under the Acts/Rules/ Manuals concerned.
(6)"Circle Officer" means an officer appointed as such by the Government or any other officer notified by the Government to discharge all or any of the functions of a Circle Officer under this Act.
(7)"Land Reforms Deputy Collector" means an officer appointed as such by the Government or any other officer notified by the Government to discharge all or any of the functions of a Land Reforms Deputy Collector under this Act.
(8)"Collector" means the Collector of the District.
(9)"Additional Collector" means Additional Collector of the District or any other officer notified by the Government to discharge all or any of the functions of an Additional Collector under this Act.
(10)"Karmachari" means an employee appointed as such by the Collector of the District or any other employee notified by the Collector to discharge all or any of the functions of a Karmachari of a Halka under this Act.
(11)"Circle Inspector" means an officer appointed as such by the Government or any other officer notified by the Government to discharge all or any of the functions of a Circle Inspector of a Circle under this Act.
(12)"Halka" means the smallest administrative unit of the revenue administration under the administrative control of a Karmachari.
(13)"Tenant" connotes the same meaning as assigned to it by the Bihar Tenancy Act, 1885.
(14)"Holding" means a parcel or parcels of land held by a raiyat and forming subject of a separate tenancy.
(15)"Raiyat" connotes the same meaning as assigned to it by the Bihar Tenancy Act, 1885.
(16)"Registered" means a document registered under the Indian Registration Act, 1908.
(17)"Registering Authority" means a registering authority under the Indian Registration Act, 1908.
(18)"Correction Slip" means a slip issued in the prescribed form by the Circle Officer after the delivery of the order for mutation of a holding or a part thereof by him for effecting changes as per the order in the Continuous Khatian, Tenants Ledger Register and Khesra Register.
(19)"Prescribed" means prescribed by Rules made under this Act.
(20)"Form" means a form prescribed by Rules made under this Act.
(21)"Khesra Register" means a register being maintained in the prescribed form showing details of plots along with their tenants of a revenue village.
(22)"Mutation Petition Register" means a register being maintained in a prescribed form in which petitions for mutation filed before the Circle Officer are registered.
(23)"Mutation Register" means a register being maintained in a prescribed form in which orders for mutation made by the Circle Officer are entered.
(24)"Revenue village" means a village notified as a revenue village having a separate Revenue Thana number.
(25)"Government" means the Government of Bihar.
(26)"Jamabandi" means a number showing the page allotted to all tenants in Tenants Ledger Register where entries of details of their tenancies as well as demand and collection of rent and cess are made.[26(A) "Jamabandi Register." - Jamabandi Register is a register of such raiyats, who own/possess land in the concerned revenue village. In such register various details of land such as Khata, Kheshra, Area, Boundary and land rent are entered and they cultivate such land. In lieu of cultivation over such land, they have to pay rent as per entries in the Jamabandi Register. Thus, Jamabandi Register is an important register depicting exchange of land rent between Jamabandi Register Raiyat and owner (State Government) of the land.] [Added by Bihar Act No. 22 of 2017, dated 4.9.2017.]
(27)"Public Land" means any land defined as public land under The Bihar Public Land Encroachment Act, 1954Chapter- II Process of filing Mutation Petitions