The Ranchi District Aboriginal Raiyats Agricultural Lands Restoration Act,1947

 
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The Ranchi District Aboriginal Raiyat's Agricultural Lands 
Restoration Act, 1947 
 
Bihar Act 11 of 1948 
 
This Act received the assent of the Governor-General on the 30th December, 1947 and the assent was 
first published in the Bihar Gazette, Extra-ordinary of the 23rd January, 1948. 
An Act to provide for the restoration to a certain class of aboriginal raiyats of certain Agricultural Lands 
in the district of Ranchi sold for arrears of rent in pursuance of any movement launched or believed to 
have been launched by the Indian National Congress in any of the years 1930 to 1942. 
Whereas  it  is  expedient  to  provide  for  the  restoration  to  a  certain  class  of  aboriginal  'raiyats'  of 
agricultural lands in the district of Ranchi sold in execution of decrees for arrears of rent in pursuance of 
any movement launched or believed to have been launched by the Indian National Congress in any of 
the years 1930 to 1942; 
It is hereby enacted as follows :- 
 
1. Short title. - This Act may be called the Ranchi  District  Aboriginal  'Raiyats',  Agricultural  Lands 
 
Restoration Act, 1947. 
 
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- 
 
(1) "aboriginal raiyat" in relation to any agricultural land in the district of Ranchi sold in execution of 
a decree for arrears of rent means a raiyat or under raiyat belonging  to a backward tribe as 
defined in Part III of the Thirteenth Schedule to the Government of India (Provincial Legislative 
Assemblies) Order, 1936, and claiming the membership of an association commonly known as 
Tana Bhagats and specified in an order made in this behalf by the Deputy Commissioner within 
three months from the date of the commencement of this Act as having defaulted the payment of 
rent in pursuance of any movement launched or believed to have been launched by the Indian 
National Congress in any of the years 1930 to 1942 (hereinafter referred to as the Congress Movement); 
(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 Revenue officer not 
below the rank of a 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 an aboriginal  'raiyat' within a separate 
tenancy and includes a portion of undivided share in such land; 
(5) "prescribed" means prescribed by rules made under this Act; 
 
(6) "Raiyat","under-raiyat"  and "Revenue  officer" shall have the same meanings  as respectively 
assigned to them in the Chota Nagpur Tenancy Act, 1908; (Bengal Act VI of 1908), and 
 
(7) Any work which is an "improvement" in relation to a raiyati holding under Section 76 of the 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 provisions of this Act 
shall have effect notwithstanding anything contained in any other law for the time being in force. 
4. Procedure for effecting restoration of holdings sold for arrears of rent. - If the holding of any 
 
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aboriginal raiyat has been sold in execution of a decree for arrears of rent in any of the years, 1930 to 
1942 in pursuance of the Congress Movement and if the aboriginal raiyat or, if he is dead, his legal representative- 
(a) applies in the prescribed form and in the prescribed manner to the Deputy Commissioner within 
twelve months from the date of the commencement of this Act for the restoration of such holding 
to his ownership and possession, and 
 
(b) deposits with the Deputy Commissioner within the time allowed by him such sum as may be 
determined by him having regard to the amount for which the holding was sold to the auction- 
purchaser or alienated to the person in possession of the holding either, in whole or in part, by 
means of a bona fide transfer for valuable consideration and the amount of any compensation for 
improvements  effected  to  the  holding  which  the  Deputy  Commissioner  may  deem  fair  and equitable. 
The Deputy Commissioner shall make an order in writing restoring such holding to the ownership and 
possession of such aboriginal raiyat or, as the case may be, or his legal representative : 
Provided  that the Deputy  Commissioner  before  making  an order under this section  shall make an 
enquiry in the prescribed manner after giving the parties interested a reasonable opportunity of being heard. 
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 an aboriginal raiyat or 
his legal representative, such order shall have 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  aboriginal  raiyat  or  his  legal  representative,  the  Deputy 
Commissioner may of his own motion, and shall, on the application of the aboriginal raiyat or his legal 
representative,  eject such person and place such aboriginal raiyat or, as the case may be, his legal 
representative in possession of the holding or land sold. 
6. Manner of payment  of compensation  for land restored.  - (1) 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 thereof, the amount 
deposited with the Deputy Commissioner  under clause (b) of Section 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 
clause (b) 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 bona fide sale or exchange for valuable consideration, or  
(ii) a bona fide gift by registered instrument, or  
(iii) a usufructuary  mortgage, to the person in possession of the holding or land sold or, if 
more than one person 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 bona fide lease for valuable consideration to the auction- 
purchaser and any person or persons claiming through the auction-purchaser and in possession of 
 
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the holding or land sold, in such 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 provision 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.  -  Notwithstanding  anything  contained  the 
foregoing provisions,  if, in the course of an enquiry made in respect of an application  made under 
Section 4, the Deputy Commissioner considers that the enquiries, procedure and appeals, referred to in 
this Act will occupy such length of time as in the meantime to endanger the maintenance of peace or 
public  order,  the Deputy  Commissioner  with,  the sanction  of the Commissioner,  may,  pending  the 
completion  of the said  enquiry,  procedure  and appeals,  take  possession  of the holding  or land  in 
respect of which the application has been made, retain it in his khas possession or get it cultivated by 
such person and subject to such terms as may from time to time be fixed by the Deputy Commissioner 
and dispose of the net income, if any, derived therefrom in the prescribed manner. 
10. Power  to make  rules.  - (1) The  Provincial  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 clause (a) of Section 4; 
 
(b) the manner in which an aboriginal raiyat or his legal representative is to apply to the Deputy 
Commissioner under clause (a) 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 7; 
 
(f) the manner in which the net income, if any, derived from the holding or land referred to in Section 
9 shall be disposed of; and 
 
(g) generally, any matters incidental to the purpose of this Act

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