LexThe RANCHI DISTRICT TANA BHAGAT RAIYATS AGRICULTURAL LANDS RESTORATION ACT, 1947.
Bihar · state statute
Open in Lexace · Ask the AI about this actTHE RANCHI DISTRICT TANA BHAGAT RAIYATS’AGRICULTURAL
LANDS RESTORATION ACT, 1947.
[Bihar Act IIof 1948]1
An Act to provide for the restoration to [Tana Bhagat] Raiyats of certain Agricultural Lands in the
District of Ranchi sold for arrears of rent in purs uance of any [Freedom movement] launched or
believed to have been launched in any of the years [1913] to 1942.
Whereas it is expedient to provide for the restoration to [Tana Bhagat] raiyats of agricultural
lands in the district of Ranchi sold in executi on of decrees for arrears of rent in pursuance of any
Freedom movement launched or believed to have been launched in any of the years [1913] to 1942;
It is hereby enacted as follows:-
1. Short title.- This Act may be called the Ranchi District [Tana Bhagat Raiyats
Agricultural Lands Restoration Act, 1947.
2. Definitiois.I this Act, unless there is anything repugnant in the subject or context,
(1) ‘Tana Bhagat raiyat’in relation to any agricultural land in the district of Ranchi
sold in execution of a decree for arre ars of rent, of rent or any decree for such
arrear in pursuance of any freedom movement launched or believed to havae been
launched in any of the years 1913 to 1942;
(2) “decree”includes a certificate issued under the Bihar and Orissa public Demands
Recovery Act, 1914 (B.&O.Act IV of 1914);
(3) “Deputy Commissioner’’means the Deputy Commissioner of Ranchi or [any
officer not below the rank of a sub-Deputy Collector who is specially empowered
by the Deputy Commissioner to discharge any of the functions of the Deputy
Commissioner under this Act;
(4) “holding”means a parcel or parcels of land held by a [Tana Bhagat raiyat within
separate tenancy and includes a portion or undivided share in such land;
(5) “prescribed “means prescribed by rules made under this Act;
(6) “raiyat”and under-raiyat”shall have the same meanings as respectively assigned
to them in the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908); and
(7) Any word which is an Ïmprovement”in relation to a raiyat holding under section
76 of Bihar Tenancy Act, 1885 (VIII of 1885), shall be deemed to be an
improvement in relation to a holding for purposes of this Act.
3. Effect of provisions of this Act where inconsistent with other law. - The provision of this
Act shall havae effect notwithstanding anything contained inany othe r law for the time
being in force.
[4. Procedure for effecting restoration of holdings sold for arrears of rent. - (1) If the
holding of any Tana Bhagat raiyat has been sold in execution of a decree for arrears
of rent due to the default, in payment of such arrears or decree, made by such raiyat in
pursuance of any freedom movement launched or believed to have been launched in
any of the years 1913 to 1942, the Deputy Commissioner shall on an application
made in the prescribed form and in the prescribed man ner by the Tana Bhagat raiyat
or if he is dead, his legal representative or any other person duly authorised in this
behalf by such Tana Bhagat raiyat or legal representative, for the restoration of such
holding to the ownership and possession of the Tana Bhagat raiyat or, as the case may
be, his legal representative, make an inquiry in the prescribed manner after giving the
parties interested a reasonable opportunity of being heard.
(2) If after the inquiry under sub -section (1) the Deputy Commissioner is
satisfied about the claim of such Tana Bhagat raiyat or his legal representative he
may require him to deposit with the Deputy Commissioner within the time allowed
by him such sum as may be determined by him hav ing regard to the amount for
which the holding was sold to the auction purchaser or alienated, in any of the we ys
specified in sub-section (2) of section 6, to the person in possession of the holding ,
either in whole or in part, for valuable consideration and the amount of any
Compensation for impr ovements effected to the holding which the Deputy
Commissioner may deem fair and eqitable.
(3) If the Tana Bhagat raiyat or as the case may be, his legal representative
makes the deposit required under sub -section (2), the Deputy Commissioner shall
make an order in writing restoring the holding to the ownership and possession of
such Tana Bhagat raiyat or his legal representative.
(4) Notwithstanding anything contained in sub -section (1), the Deputy
Commissioner may, on receipt of any information or on h is own knowledge, that the
holding of any Tana Bhagat raiyat has been sold in execution of a decree for arrears
of rent for the reason stated in sub -section (1), initiate of his own motion proceedings
for restoration of such holding to the ownership and po ssession of such Tana Bhagat
raiyat or, if he is dead, to his legal representative and thereupon the provisions of sub-
sections (1), (2) and (3) shall apply mutatis mutandis to such proceedings:
Provided that no proceedings shall be initiated under sub -section (1) or sub -
section (4) after the 31st day of March, 1962.
Explanation.- In this section-
(i) “Parties interested ”means the auction -purchaser of the
holding or any person who may be in possession of such
holding by alienation in any of the ways specifie d in sub -
section (2) of section 6, and
(ii) “holding’, includes a portion of a holding.
5. Effect of order for restoration of land.- When the Deputy Commissioner makes an order
under section 4 restoring any holding or land sold to the ownership and possession of his
[a Tana Bhagat raiyat legal representative, such order shall havae effect from such date as
may be fixed by the Deputy Commissioner and if on or before that date, the person in
possession of the holding or land sold has not yielded possession thereof to such [Tana
Bhagat raiyat or his legal representative, the Depuy Commissioner may of his own motion
and shall on the application of the [Tana Bhagat raiyat or his legal representative, eject
such person and place such [Tana Bhagat raiyat or as the case m ay be his legal
representative inpossession of the holding or land sold [and the Deputy Commissioner
may for that purpose use such force as may be necessary.l]
6. Manner of payment of compensation for land restored. - If the auction -purchaser of any
holding or land in respect of which an order under section 4 has been made has not
alienated the whole or any part of the holding or land purchased by him and is in
possession there of the amount deposited with the Deputy Commissioner under [sub -
section (3) of secti on 4] shall be paid to him on his application and in the prescribed
manner.
(2) If the auction -purchaser of such holding or land has alienated the same or any part
thereof prior to the date of the order under section 4 the amount deposited with the
Deputy Commissioner under [sub-section (3) of section 4] shall be paid on the application
of the person entitled to payment under this sub-section and in the prescribed manner,-
(a) in the case of alienation by means of-
(i) a bonafide sale or exchange for valuable consideration,
(ii) a bonafide gift by a registered instrument, or
(iii) A usufructuary mortgage to the person in possession of the
holding or land sold or, if more than one persons are in
possession
Thereof, to all such persons in such proportions as the Deputy Commissioner may
deem fair and equitable
(b) in the case of alienation by means of a bonafide lease for valuable consideration,
to the auction -purchaser and in possession of the holding or land sold, in cuch
proportions as the Deputy Commissioner may deem fair and equitable.
7. Appeals.- (1) An appeal shall lie from an order passed under section 4.
(i) if such order is passed by an officer other than the Deputy Commissioner,
to the Deputy Commissioner
(ii) if such order is passed by the Deputy Commissioner to the Commissioner,
And the decision of the Deputy Commissioner or of the Commissioner on any such
appeal shall be final.
(2) Appeals under this section shall be heard and disposed of in accordance
with the prescribed procedure.
8. Exclusion of jurisdiction of Civil court and High court. - Neither the High
Court nor any Civil Court shall have jurisdiction in any matter which the Deputy
Commissioner is empowered to dispose of under this Act and the order of the Deputy
Commissioner under any p rovision of the Act shall subject to the provisions of
section 7 be final and shall not be questioned in any Court.
9. Power of Deputy Commissioner in emergency.-
10. Power to make rules. - (a) the [State] Government may make rules for
carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters namely:-
(a) The form of the application made under [sub-section (1)] of section 4;
(b) The manner in which [a Tana Bhagat] raiyat or his legal representative is to
apply to the Deputy Commissioner under [sub-section (1)] of section 4;
(c) the procedure for enquiries for the purposes of section 4;
(d) the manner in which the payments referred to in section 6 are to be made;
(e) the procedure to be followed in hearing and disposing of appeals under section
(f) the manner in which the net income, if any, derived from the holding or land
referred to in section 2 shall be disposed of; and
(g) Generally, any matters incidental to the purposes of this Act.