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BIHAR SCHEDULED AREAS REGULATION, 1969
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BIHAR SCHEDULED AREAS REGULATION, 1969 A Regulation to make certain provisions and to amend certain laws in their application to the scheduled areas in the State of Bihar for the peace and good Government of the area. Whereas it is expedient to make certain provisions and to amend certain laws in their application to the Scheduled Areas in the State of Bihar for the peace and good Government of the said areas. It is hereby enacted as follows:- 1. Short title.- This Regulation may be called the Bihar Scheduled Areas Regulation, 1969. 2. Definition. – For the purposes of this Regulation the expression Deputy Commissioner shall mean the Deputy Commissioner exercising jurisdiction in the Scheduled Areas within his respective local limits and shall include such person as may be specially empowered by the State Government to discharge any of the functions of the Deputy Commissioner. 3. Powers of Court to ignore admission by member of the Scheduled Tribes.- Notwithstanding anything to the contrary contained in any other law for the time being in force, the Court shall, in any suit or proceeding relation to the transfer of land of a member of the Scheduled Tribes as specified in Part III to the Schedule to the Constitution to the Constitution (Scheduled Tribes) Order, 1950 require any fact expressly or impliedly admitted by such person to be proved otherwise than by mere admission and the Deputy Commissioner may also produce evidence in rebuttal. 4. Amendment of certain laws in their application to the Scheduled areas of Bihar.- The enactments mentioned in the Schedule annexed hereto are amended in the manner and to the extent mentioned therein in their application to the Scheduled Areas of the State of Bihar. Schedule (See Section 3) CE_TRAL ACTS 1. Code of Civil Procedure Rule 3 of Order 1 The following provisions shall be added, namely:-“Provided that in suits for declaration of the or for possession relation to immovable properties, of member of the Scheduled Tribes as specified in Part III to the Schedule to the Constitution (Scheduled Tribes) Order, 1950” the Deputy Commissioner concerned shall also be joined as a defendant. 2. Limitation Article 65 of Act of 1953 the Schedule In the second columns, the following words and figures shall be added at the end:- “but 30 years in respect of immovable property belonging to a member of the Scheduled Tribes as specified in Part III to the Schedule to the Constitution (Scheduled Tribes) Order. 1950”. Bengal Chotanagpur Tenancy Act Section 71A & 71 B After section 71, the following sections shall be inserted namely: - “71-A.Power to restore possession to member of the Scheduled Tribes over land unlawfully transferred.- If at any time it comes to the notice of the Deputy Commissioner that transfer of land belonging to a raiyat or a Mundary Khunt Kattidar or Bhuinhar who is a member of the Scheduled Tribes has taken place in contravention of section 46 [or Section 48 or Section 240 or any other provisions of this Act or by any fraudulent method, [including decrees obtained in suits by fraud or collusion] he may, after giving reasonable opportunity to the transferee, who is proposed to be evicted to show cause and after making necessary enquiry in the matter, evicted to show cause and after making necessary enquiry in the matter, evict the transferee from such land without. Payment of compensation and restore it to the transferor or his heir and if such heir is not available or is not willing to agree to such restoration resettle it with another raiyat belonging to the scheduled tribes according to the village custom for the disposal of an abandoned holding: Provided that if the transferee has, within 30 years from the date of transfer constructed any building or structure on such holding or portion thereof, the Deputy Commissioner shall, if the transferor is not willing to pay the value of the same, order the transferee to remove the same within a period of six months, from the date of the order, or within such extended time not exceeding two years from the date of the order as the Deputy Commissioner may allow, failing which the Deputy Commissioner may get such building or structure removed: Provided further that where the Deputy Commissioner is satisfied that the transferee has constructed a substantial structure or building on such holding or portion thereof before coming into force of Bihar Scheduled Areas Regulation, 1969 he may, notwithstanding any other provisions of the Act validate such a transfer where the transferee either makes available to the transferor an alternative holding or portion thereof, as the case may be, of the equivalent value in the vicinity or pays adequate compensation to be determined by the Deputy Commissioner force, habilitation of the transferor: Provided also that if after an enquiry the Deputy Commissioner is satisfied that the transferee has acquired a title by adverse possession and that the transferred land should be restored or resettled, he shall require the transferor or his heir or another raiyat as the case may be, to deposit with the Deputy Commissioner such sum of money as may be determined by the Deputy Commissioner, having regard to the amount or which the land was transferred or the market value of the land ,l as affected to the land which the Deputy Commissioner may deem fair and equitable. [Explanation 1.-In this section “substantial structure or building” means structure or building the value of which on the day of initiation of enquiry, was determined by Deputy Commissioner to exceed Rs 10.000/-but does not enclude structure or building, of any value, the material of which can be removed without substantially impairing the value of. Explanation II.- A Bhuinhar or a Mundari Khunt Kattidar who is deemed to be a settled raiyat under the provisions of section 18 of this Act shall also be deemed to be a raiyat for the purposes of this section] 71 B. Penalties.-If any land is transferred in contravention of Section 46 or any other provision of this Act or by fraudulent method and is held or cultivated by any person with the knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may extend to 3 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. [in sub-section(i) for the words “thirty days the words ninety days” shall be substituted 4. The Santhal Paragna Tenancy (Supplementary Provisions) Act 1949 (Bihar Act XIV of 1949) Section 20 For sub-section (5), the following sub-section shall be substituted, namely.-(5) If at any time it comes to the notice of the Deputy Commissioner that a transfer of land belonging to a raiyat who is a member of the Scheduled Tribes as specified in Part III of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 has taken place in contravention of sub-section (1) or (2) or by any fraudulent mentod, including decree obtained in suits by fraud or collusion, he may, after giving reasonable opportunity to the transferee, who is proposed to be evicted to show cause and after giving reasonable opportunity to the transferee, who is proposed to be evicted to show cause and after making necessary enquiry in the matter evict the transferee from such land without payment of compensation and restore it to the transferor or his heir, or in case the transferor or his heir is not available or is not willing to agree to such restoration, resettle it with another raiyat belonging to the Scheduled Tribes according to village custom for disposal of an abandoned holding: Provided that if the transferee has within 30 years from the date of transfer, constructed any building or structure on such holding or portion thereof the Deputy Commissioner shall, if the transferor is not willing to pay the value of the same or order the transferee to remove the same within a period of six months from the date of the order, or within such extended time not exceeding two years from the date of the order as the Deputy Commissioner may allow, failing which the Deputy Commissioner may get such building or structure removed- Provided further that where that Deputy Commissioner is satisfied that the transferee has constructed a substantial structure or building on such holding or portion thereof before Scheduled Areas Regulation, 1969, he may, notwithstanding any other provisions of the Act, validate such a transfer where the transferee either makes available to the transferor an alternative holding or portion thereof as the case may be, of the equivalent value in the vicinity or pay adequate compensation to be determined by the Deputy Commissioner for rehabilitation of the transferor. Explanation :- In this section “Substantial structure or building” means the structure or building of the value exceeding ten thousand rupee, as determined by the Deputy Commissioner on the date of holding enquiry, but does not include such structure or building the material of such can be removed without incurring substantial depreciation in its value. Provided also that if after an enquiry the Deputy Commissioner is satisfied that the transferee has acquired a title by adverse. Possession and that the transferred land should be restored or resettled, he shall require the transferred heir or another raiyat as the case may be, to deposit with the Deputy Commissioner such sum of money as may be determined by the Deputy Commissioner having regard to the amount for which the land was transferred of the market value of the land, as the case may be, and the amount of any compensation for improvements affected to the land which the Deputy Commissioner may deem fair and equitable. Section 67 In Section 67(a) sub-clause (iii) Of Clause (h) of sub-section (i) shall be Omitted and sub-clause (iv) shall be renumbered as sub-clause (iii), (b) after sub-section (1) the following sub-section shall be inserted, namely: “(2) If any land is transferred in contravention of the provisions of section 20 of any other provision of this Act or by fraudulent method and is held or cultivated by any person with the knowledge of such transfer, he shall be punished with imprisonment of either description for a term which may extend 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 further fine not exceeding fifty rupees for each day during which the offence continues:, and (c) the existing sub-section (2) and (3) shall be renumbered as sub-section 3 and 4 respectively. List of Scheduled Tribes, Scheduled Castes and Backward Classes. List of Scheduled Tribes, Scheduled Castes as specified in Part II of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 and (Scheduled Castes) Order, 1950 as amended by Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956 (Act 63 of 1956), vide also Scheduled Castes and Scheduled Tribes Orders, Scheduled Tribes Lists (Modification) Order, 1956, Bihar Gazette at page 111 dated 21.5.1957. List of Scheduled Tribes (1) Asur, (2) Baiga, (3) Banjara, (4) Bathudi, (5) Binjhia, (6) Birhore, (7) Bedia, (8) Birjia (9) Chiro, (10) Chik-Baraik, (11) Gond, (12) Gorait, (13) Ho, (14) Karmali, (15) Kharia, (6) Kheewar, (17) Khonel, (18) Kisan, (19) Kora, (20) Karwa, (21) Lohara or Lohra, (22) Mahli, (23) Mal Paharia, (24) Munda, (25) Oraon, (26) Paharia, (27) Santhal, (28) Sauria Paharia, (29) Savar. In the district of Ranchi, Singhbhum, Haqaribagh, Santhal Pargana and Manbhum “Bhumij”. Note.- Any reference to a district or other territorial division of the State shall be construed as a reference to the District or the other territorial division as existing on 26th January, 1950. List of Scheduled Castes. 1. Throughout the State of Bihar- (1) Bauri(2) Bantar(3)Bhogta (4) Chamar or Mochi (5) Chaupal (6) Dhobi (7) Dom or Dhangar (8) Dusadh, Dhari or Dhathi (9) Ghari (10) Halal Khor (11) Hari, Mehtar or Vangi (12)Kanjar (13) Kuriar (14) Lalbegi (15) Dawpar (16) Mushar (17) Nat (18) Pan or Khawasi (19) Pasi (20) Rajwar (21) Turi. 2. In Palamau District “Bhumij” and “Bhuiyan”. List of Backward Classes (Vide Notification No. A./T.3043/61-5423-R.dated 23rd June, 1962 under section 46(b) of C.N.T. Act which was published at page 971 (Part II) of Bihar Gazette dated 18.7.1962). Castes and Classes Area in Which recognized 1. Bari Throughout the State of Bihar 2. Banapar Throughout the State of Bihar 3. Bediya Throughout the State of Bihar 4. Beldar Throughout the State of Bihar 5. Bhatiara Throughout the State of Bihar 6.Bherihar (including Garer) Throughout the State of Bihar 7. Bind Throughout the State of Bihar 8. Chik (Muslim) Throughout the State of Bihar 9. Dafali (Muslim) Throughout the State of Bihar 10. Dhanuk Throughout the State of Bihar 11. Dhobi (Muslim) Throughout the State of Bihar 12. Gorhi (including Chhabi) Throughout the State of Bihar 13. Hazam Throughout the State of Bihar 14. Kahar Throughout the State of Bihar 15. Kasab (Kasai-Muslim) Throughout the State of Bihar 16. Ke (Keut) Throughout the State of Bihar 17. Khatik Throughout the State of Bihar 18. Mali (Malakar) Throughout the State of Bihar 19. Khunia (Muslim) Throughout the State of Bihar 20. Mullah (including Surahiya) Throughout the State of Bihar 21. Madari (Muslim) Throughout the State of Bihar 22. Mehtar, Lalbegi, Halkhor land Bhangi (Muslim) Throughout the State of Bihar 23. Miriasin (Muslim) Throughout the State of Bihar 24. Nat (Muslim) Throughout the State of Bihar 25. Noniya Throughout the State of Bihar 26. Pamaria (Muslim) Throughout the State of Bihar 27. Shikara Throughout the State of Bihar 28. Tanties(Tantwa) Throughout the State of Bihar 29. Bhar Chota Nagpur Division 30. Bhar Chota Nagpur Division 31. Bhuinhar Chota Nagpur Division 32. Dhanwar Chota Nagpur Division 33. Gulgulia Chota Nagpur Division 34. Kwar Chota Nagpur Division 35. Khetauri Throughout the State of Bihar 36. Kurmi(Mahto) Throughout the State of Bihar 37. Majwar Throughout the State of Bihar 38. Malar(Malhor) Throughout the State of Bihar 39. Pradhan Throughout the State of Bihar 40. Tamaria Throughout the State of Bihar 41. Bhuinyan Throughout Chota Nagpur excepting the District of Palamau. 42. Agarea Latehar and Gumla Sub-Division 43. Bagdi District of Dhanbad 44. Bhaskar District of Palamau 45. Kaibarta District of Dhanbad 46. Karora District of Singhbhum 47. Maulik District of Dhanbad 48. Bahira District of Dhanbad and Ranchi 49. Pando District of Ranchi 50. Pangania District of Ranchi 51. Saunfa (Sauaa) District of Singhbhum |
