The Chhattisgarh Vas-Sthan Dakhalkar (Bhuimiswami Adhikaron ka Pradan kiya jana) Act, 2003.

• 
. • CHHATTISGARH Aer 
(No. 16 of 2003) 
450 ( 12-13) . ' . 
THE CHHATTISGARH VAS-STHAN DAKHALKAR (BHUMISWAMI ADHIKARON 
. . KA PRADAN KIY,_ JANA)·A€T, 2003 
An Act to provide for conferring Bhumiswami rights on landle.'iS persons in sespect of dwelling house 
· and sites on or. appurtenant to agrkultural lands .in non-urt,'!n areas in the State of Chhattisg~rh. 
Be it enacted by the Chhattisgarh Legislature in U1e Fifty fourth year or the Republic or India as 
follows :-
1. 
2. 
3. 
( I) This Act may be called the Chhattisgarh Vas-sthan Dak.balkar (Bhumiswami 
:.- -Adhik;u:on ·ka Pradm1 Kiya Jana)·Adljiniyam, 2003 (No. 16 .of 200~): 
(2) ll extcmls to the whole of O1hattisgarl1: 
(3) It shall apply to all non-urban areas in the State or Chhattisgarh; 
-(4) It_ shall come into rorce from 21st of Ma~, 2003. 
In U1is Act unless the coi1text otherwise requires-
(a) _"agricultural land" means any Jm1d in non-urban area used ror U1e purpose 
of agriculture; 
(b) "auU10rised · otiiccr" means a Sub Divisional Officer or any other Assistant 
Collector or Deputy Collector specially authorised by the Collector in this 
behalf to exercise the powers of the authorised otliccr for such areas as may 
he sp~cified; 
(c) "<lwclling house•· includes a hut; 
(d) "homestead" means a dwelling house situated on .or appurtenant to mi 
~gricultural land which is complete in itself and is not shared with any person 
0U1cr Urnn a person belonging to U1e same family mid includes any court­
yard, compound, garden, place of worship. family grave-yard. tank, well, 
privy, latrine, drain and boundary wall annexed to or appertaining to such 
d\Vclling house and in actual physical possession of the landless person on 
the 21st day of May, 2003; 
(c) "landless person" means a person or any of bis family members. who do 
1101 hold m1y land or dwelling house; 
(t) "f:unily" means wife, son, daughter, any lineal descendant of any son or 
daughter imd a relation by blood or marriage dependmlt upon such _land.less 
person; 
(g) words m1d expressions used in this Act but not defined shall have the meaning 
assigned to them in the Chhattisgarh Lm1d Revenue Code. 1959 (No. 20 
of 1959) 01ereinafter referred to as Land Revenue Code). 
111is Act slm!l not apply lo the homestead-
(]) belonging to m1y local auU1ority and religious endowment or situated on Ille 
privale groves or orchards; or 
Short title, extr-nt, 
application and 
com1i1enccm en t. 
Definitions. 
Act not to apply to 
~-ertain homestead. 
450 (12-14) ""''«'14 '1!ij\1,:!, ~ 9 fu"ai<R 2003 
Vesting ot 
homestead. 
Rcdoration 
pos~csslon. 
or 
:\Jll>Cll_l ag.iin.'>t the 
order. of :mthorisC'd 
otliccr. 
RcYision, 
(D) belonging to a member of Scheduled Castes and is in occupation on the 21st 
day of May, 2003 hy a member nol belonging to Scheduled Castes or Scheduled 
Tribes; or 
(Ul) belonging to a member of Scheduled Tribes and is iJ1 occupation on Uie 21st 
day of May, 2003 by a, member nol belonging lO such Tribes. 
Explanati,,n-ln this section.- (I) "Member of U1e Scheduled Castes" means a member 
of any caslcs, races or tribes or parts or groups witl1in castes, races or trib~s 
specified as Scheduled Castes under Artical 34 I of Uie Constitution of India 
in relation to the State of Chhattisgarh. 
4. 
5. 
6. 
7. 
(2) "Member of the Scheduled Tribes" mc;u1s a member of any tribes, or tril>al 
communities or parts of or group within tribes or tribal communities specified 
as Scheduled Tribes under Article 342 of 01e Constitution of India in relation 
to the Smte of Chhallisgarh. 
(I) In any non-urban area, homestead occupied hy a landless person in or appurtenant 
to an agricultural land on Uie 2 Isl day of May, 2003 shall on Lhe sai<l dale 
be deemed to ·11avc veslcd in him Bhumiswami righls prnvi<lcd he had been 
in possession_ U1ereof for one year or more prior lo Oial dale. 
(2) On such ve.sting of the homestead in lhe landless person, the original tenure 
holder shall cease to he a Bhumiswami of Uie area comprised in lhe homestead. 
lf such a Bhumiswami occupant of a homestead is dispossessed 0U1crwise Oian in 
due course of law, from such homestead or part there of, the auUwrised ol1icer slu,11, 
on an application made by tJ,e said occupant or Uie homestead, within six months 
from the date or eviction after following as nc;u·ly as may he 01c procedure laid· 
' down under scction-250 of 01e Lmd Revenue Code, restore his possession mid award 
compensation. 
Notw1thstm1ding ;mything c0t_1taincd in section 56 of the Land Revenue Codt\ m1 
appeal against the t;rder passed by authorised ofticer shall lie to lhe Col.lector of 
tlic district. 
The order passed hy the Collector shall he final except tlrnl t.hc Board of Revenue 
may al ;my Lime on its own motion or on the application maclc hy ,my party for 
the purpose of satisfying itself as to U1c legality or propriety of m1y order passed 
by the Collecwr nr as lo Uie regularity of Ilic proceedings of Ilic auUioriseu ofliccr 
call for and examine the record of ;my case pe1.1ding before, or disposctl n!· by such 
otlicer ,Uld may pass such order in reference Uicrcto as il may 1hink ill: 
l'rnvidcd that-
(i) no ajiplicalion for revision shall he entertained against an order appcalahlc under 
this Act: 
(ii) no such application shall be en1crtaincd unless prc,c1,tcd within ninety days 
' 
• 
8. 
9. 
to the Board of Revenue from the date of the order ar.d in computing the 
period aforesaid, lime requisite for obtaining a copy of the said order shall 
be excluded; 
(iii) no order shall be varied or reversed in revision unless notice has been served 
on tJ,e parties interested and opportunity given to. tl1em of being heard. 
NotwiU1standing anything contained in tl1e Court Fees Act, 1870 (No. 7 of 1870), 
every application or memonmdum of appeal, or an application for revision under 
tl1is Act, shall bear a court fee stamp or Rs. 10 and the copy or u,e order passed 
by the autl1orised omcer or CoJJector sh:111 be granted free of cost. 
No Civil Court shall have jurisd.iclion to entertain ~ny suit or try ,my dispute or 
pass any interim injunction, in a matter for the decision of which tlie specific 
forum and procedure has been prescribed by tl1is .Act. 
10. (I) 'Ille S~lle Government n\.ay make rules to carry out all or m1y of tl1c purposes 
of U1is Act. 
(2) Any rules made under tl1is Act shall be laid on tl1c table of the Legislalive 
Assembly. 
450 ( 12-15) 
Exemption from 
Court Fees Act, 
1870. 
Bar lo the 
jurisdiction of Ch-ii 
Court. 
Power to makt· 
n1lcs. 
• 

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