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THE BIHAR LAND DISPUTES RESOLUTION (AMENDMENT) ACT, 2012
[Bihar Act 15, 2012]
THE BIHAR LAND DISPUTES RESOLUTION (AMENDMENT) ACT, 2012
An Act to Amend The Bihar Land Disputes Resolution Act, 2009
Be it enacted by the Legislature of the State of Bihar in the sixty third year of Republic
of India as follows:-
1. Short title, extent and commencement.—
(1) This Act may be called The Bihar Land Disputes Resolution (Amendment) Act, 2012.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force at once.
2. Amendment of Section-15 of The Bihar Land Disputes Resolution Act, 2009.—
(1) After the title of Section-15 "Execution of the order passed by the competent authority" the existing provision shall be numbered as sub-section "(1)".
(2) After the existing provision of Section-15, the following new Sub-Sections (2), (3), (4), (5), (6) and (7) shall be added:-
"(2) In case of unauthorized and unlawful dispossession of any settlee/allottee under any Act contained in the schedule-1 of the Act or of any owner of raiyati land, the Competent Authority shall execute his order passed under this Act by deputing a Revenue Officer under his jurisdiction and directing the Officer-In-charge of the concerned police station to depute a police officer with adequate police force.
(3) In case there is sufficient apprehension that the settlee/allottee of any land under any Act contained in schedule-1 of the Act or owner of any raiyati land may be dispossessed of his land, the Competent Authority may pass an appropriate order and shall execute his order by requesting the concerned Sub-Divisional Magistrate/Executive Magistrate/Officer-In-Charge of the concerned police station to take preventive actions under the relevant sections of Criminal Procedure Code.
(4) In case of partition of land holding, the Competent Authority shall execute his order passed under this Act by getting the land measured and demarcated by Amin as per his order under prior intimation in prescribed form about the date and time of measurement and demarcation to co-sharers and by getting the Takhtabandi (apportionment of the specific shares of the co-sharers) of the co-sharers prepared. The Competent Authority shall invite objections from co-sharers against the Takhtabandi and upon hearing of the objections shall finalise the Takhtabandi and shall deliver possession of land to co-sharers in accordance with their Takhta (specific share). In case, it is not possible to measure or demarcate the land or to deliver the possession without the use of force then he shall depute a Revenue Officer under his jurisdiction and direct the Officer-In-charge of the concerned police station to depute a police officer with adequate police force and get his order executed.
(5) In case of declaration of right of a person with respect to any land, the Competent Authority shall execute his order passed under this Act by directing the revenue authorities concerned to make necessary amendment in revenue records concerned including inter alia the continuous record of rights, tenants ledger register and khesra register reflecting the right of the person as per his order.
(6) In case of boundary dispute, the Competent Authority may execute his order passed under this Act, by getting the boundaries of the concerned plot or a part thereof measured and demarcated by Amin, as per his order, with prior intimation in prescribed form to all land holders having common boundaries, by way of notice indicating date and time of measurement and demarcation, but in case it is not possible without the use of force then he shall depute a Revenue Officer under his jurisdiction and direct the Officer-Incharge of the concerned police station to depute a police officer with adequate police force and get his order executed.
(7) (a) In case of unauthorized structure, the Competent Authority shall execute his order passed under this Act by directing the person responsible for such unauthorized structure through a notice in prescribed form to remove such structure within 30 days of the receipt of the order.
(b) In case the person against whom a notice is made under Clause-(a) fails to remove the structure after the lapse of the 30 days period of notice, the Competent Authority shall issue a second notice in prescribed form directing him to remove such a structure within 15 days of the receipt of the notice failing which the structure shall be impounded or the structure shall be removed at his cost.
(c) In case the structure is not removed after the lapse of 15 days period of the notice under the Clause-(b), the Competent Authority shall impound the structure or remove it as he deems fit but in case of removal, the cost of the removal shall be realized from the person against whom the notice has been issued under the provisions of the Bihar and Orissa Public Demands Recovery Act, 1914."
