The RANCHI DISTRICT ABORIGINAL RAIYAT S AGRICULTURAL LAND RESTORATION ACT, 1947

THE RANCHI DISTRICT ABORIGINAL RAIYAT’S AGRICULTURAL LAND 
RESTORATION ACT, 1947 
[Bihar Act 11 of 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 Asse mblies) 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 defaulte d the payment of rent in 
pursuance of any movement launched or believed to have been launched by the 
Indian National 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 portioned or undivided share in such land;  
(5) “Prescribed”means prescribed by rules made under this Act; 
(6) “Raiyat”, “Under -raiyat”and “Re venue-officer” 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 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 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 commencem ent 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 bonafide transfer for 
valuable consideration and the amount of any compensation for improvements 
effected to the holding which the Depu ty 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, of his legal representative: 
 Provided that the Dep uty Commissioner before making an order 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 a n order 
under section 4 restoring any holding or land sold to the ownership and possession of 
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 da te, 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. - 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 
there of  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 bonafide sale or exchange for valuable consideration, or 
 (ii) a bonafide 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 bonafide l ease for valuable consideration 
to the auction-purchaser and any person or persons claiming through the auction -
purchaser and in possession of 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, 
(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 D eputy Commissioner is empowered to 
dispose of under this Act and the order of th e 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 in the 
foregoing provisions, if, in the course of enquiry made in respect of an application made under section 
4, the Deputy Commissioners considers that the enquiries, procedure and appeals, ref erred to in this 
Act will occupy such length of the time as in the meaning 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 a ppeals, take possession of the holding or land in 
respect of which the application has been made, retain it in his 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 there from in the prescribed manner. 
 10. Power to make rules.- (a) The provincial Government may make rules for carrying out the 
purposes of this Act. 
 (2) In particular, and without prejudice to the generality of t he 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 purpose 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 purposes of this Act. 
 
 
 
 
  
 
  

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