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Bihar Scheduled Areas Regulation, 1969

 

A Regulation to make certain provisions and to amend certain laws in their
application to the scheduled areas in the State of Bihar for the peace and good Government of the area.

Whereas it is expedient to make certain provisions and to amend certain laws in
their application to the Scheduled Areas in the State of Bihar for the peace and good Government of the said areas.

It is hereby enacted as follows:-

1. Short title.- This Regulation may be called the Bihar Scheduled Areas Regulation, 1969.

2. Definition. – For the purposes of this Regulation the expression Deputy
Commissioner shall mean the Deputy Commissioner exercising jurisdiction in the
Scheduled Areas within his respective local limits and shall include such person
as may be specially empowered by the State Government to discharge any of the functions of the Deputy Commissioner.


3. Powers of Court to ignore admission by member of the Scheduled Tribes.-

Notwithstanding anything to the contrary contained in any other law for the time
being in force, the Court shall, in any suit or proceeding relation to the transfer of
land of a member of the Scheduled Tribes as specified in Part III to the Schedule
to the Constitution to the Constitution (Scheduled Tribes) Order, 1950 require any fact expressly or impliedly admitted by such person to be proved otherwise than by mere admission and the Deputy Commissioner may also produce evidence in rebuttal.

4. Amendment of certain laws in their application to the Scheduled areas of
Bihar.- The enactments mentioned in the Schedule annexed hereto are amended in the manner and to the extent mentioned therein in their application to the Scheduled Areas of the State of Bihar.

Schedule
(See Section 3)

CE_TRAL ACTS

1. Code of Civil Procedure Rule 3 of
Order 1

The following provisions shall be
added, namely:-“Provided that in suits
for declaration of the or for possession
relation to immovable properties, of
member of the Scheduled Tribes as
specified in Part III to the Schedule to
the Constitution (Scheduled Tribes)
Order, 1950” the Deputy Commissioner
concerned shall also be joined as a
defendant.

2. Limitation Article 65 of
Act of 1953 the Schedule

In the second columns, the following
words and figures shall be added at the
end:- “but 30 years in respect of
immovable property belonging to a
member of the Scheduled Tribes as
specified in Part III to the Schedule to
the Constitution (Scheduled Tribes)
Order. 1950”.

Bengal Chotanagpur Tenancy Act

Section 71A & 71 B

After section 71, the following sections
shall be inserted namely: -

“71-A.Power to restore possession to member
of the Scheduled Tribes over land unlawfully
transferred.-

If at any time it comes to the
notice of the Deputy Commissioner that
transfer of land belonging to a raiyat or a
Mundary Khunt Kattidar or Bhuinhar
who is a member of the Scheduled Tribes
has taken place in contravention of section
46 [or Section 48 or Section 240 or any
other provisions of this Act or by any
fraudulent method, [including decrees
obtained in suits by fraud or collusion] he
may, after giving reasonable opportunity
to the transferee, who is proposed to be
evicted to show cause and after making
necessary enquiry in the matter, evicted to
show cause and after making necessary
enquiry in the matter, evict the transferee
from such land without. Payment of
compensation and restore it to the
transferor or his heir and if such heir is not
available or is not willing to agree to such
restoration resettle it with another raiyat
belonging to the scheduled tribes
according to the village custom for the
disposal of an abandoned holding:
Provided that if the transferee has,
within 30 years from the date of transfer
constructed any building or structure on
such holding or portion thereof, the
Deputy Commissioner shall, if the
transferor is not willing to pay the value of
the same, order the transferee to remove
the same within a period of six months,
from the date of the order, or within such
extended time not exceeding two years
from the date of the order as the Deputy
Commissioner may allow, failing which
the Deputy Commissioner may get such
building or structure removed:
Provided further that where the
Deputy Commissioner is satisfied that the
transferee has constructed a substantial
structure or building on such holding or
portion thereof before coming into force of
Bihar Scheduled Areas Regulation, 1969
he may, notwithstanding any other
provisions of the Act validate such a
transfer where the transferee either makes
available to the transferor an alternative
holding or portion thereof, as the case may
be, of the equivalent value in the vicinity
or pays adequate compensation to be
determined by the Deputy Commissioner
force, habilitation of the transferor:
Provided also that if after an
enquiry the Deputy Commissioner is
satisfied that the transferee has acquired a
title by adverse possession and that the
transferred land should be restored or
resettled, he shall require the transferor or
his heir or another raiyat as the case may
be, to deposit with the Deputy
Commissioner such sum of money as may
be determined by the Deputy
Commissioner, having regard to the
amount or which the land was transferred
or the market value of the land ,l as
affected to the land which the Deputy
Commissioner may deem fair and
equitable.

[Explanation 1.-In this section
“substantial structure or building” means
structure or building the value of which on
the day of initiation of enquiry, was
determined by Deputy Commissioner to
exceed Rs 10.000/-but does not enclude
structure or building, of any value, the
material of which can be removed without
substantially impairing the value of.

Explanation II.- A Bhuinhar or a
Mundari Khunt Kattidar who is deemed to
be a settled raiyat under the provisions of
section 18 of this Act shall also be deemed
to be a raiyat for the purposes of this
section]

71 B. Penalties.-If any land is
transferred in contravention of Section 46
or any other provision of this Act or by
fraudulent method and is held or cultivated
by any person with the knowledge of such
transfer, he shall be punished with
imprisonment of either description for a
term which may extend to 3 years or with
fine which may extend to one thousand
rupees or with both and , in the case of a
continuing offence, to a further fine not
exceeding fifty rupees for each day during
which the offence continues.
[in sub-section(i) for the words “thirty
days the words ninety days” shall be
substituted


4. The Santhal Paragna Tenancy
(Supplementry Provisions)
Act 1949 (Bihar Act XIV of
1949)

Section20

For sub-section (5), the following
sub-section shall be substituted,
namely.-(5) If at any time it comes to the
notice of the Deputy Commissioner that a
transfer of land belonging to a raiyat who
is a member of the Scheduled Tribes as
specified in Part III of the Schedule to the
Constitution (Scheduled Tribes) Order,
1950 has taken place in contravention of
sub-section (1) or (2) or by any fraudulent
mentod, including decree obtained in suits
by fraud or collusion, he may, after giving
reasonable opportunity to the rransferee,
who is proposed to be evicted to show
cause and after giving reasonable
opportunity to the transferee, who is
proposed to be evicted to show cause and
after making necessary enquiry in the
matter evict the transferee from such land
without payment of compensation and
restore it to the transferor or his heir, or in
case the transferor or his heir is not
available or is not willing to agree to such
restoration, resettle it with another raiyat
belonging to the Scheduled Tribes
according to village custom for disposal of
an abandoned holding:

Provided that if the transferee has
within 30 years from the date of transfer,
constructed any building or structure on
such holding or portion thereof the Deputy
Commissioner shall, if the transferor is not
willing to pay the value of the same or
order the transferee to remove the same
within a period of six months from the
date of the order, or within such extended
time not exceeding two years from the
date of the order as the Deputy
Commissioner may allow, failing which
the Deputy Commissioner may get such
building or structure removed-
Provided further that where that
Deputy Commissioner is satisfied that the
transferee has constructed a substantial
structure or building on such holding or
portion thereof before Scheduled Areas
Tegulation, 1969, he may, notwithstanding
any other provisions of the Act, validate
such a transfer where the transferee either
makes available to the transferor an
alternative holding or portion thereof as
the case may be, of the equivalent value in
the vicinity or pay adequate compensation
to be determined by the Deputy
Commissioner for rehabilitation of the
transferor.


Explanation :- In this section “Substantial
structure or building” means the structure
or building of the value exceeding ten
thousand rupee, as determined by the
Deputy Commissioner on the date of
holding enquiry, but does not include such
structure or building the material of such
can be removed without incurring
substantial depreciation in its value.


Provided also that if after an
enquiry the Deputy Commissioner is
satisfied that the transferee has acquired a
title by adverse.

Possession and that the
transferred land should be restored or resettled,
he shall require the transferred heir
or another raiyat as the case may be, to
deposit with the Deputy Commissioner
such sum of money as may be determined
by the Deputy Commissioner having
regard to the amount for which the land
was transferred of the market value of the
land, as the case may be, and the amount
of any compensation for improvements
affected to the land which the Deputy
Commissioner may deem fair and
equitable.


Section 67 In Section 67(a) sub-clause (iii)
Of Clause (h) of sub-section (i) shall be
Omitted and sub-clause (iv) shall be
renumbered as sub-clause (iii),
(b) after sub-section (1) the following
sub-section shall be inserted, namely:

“(2) If any land is transferred in
contravention of the provisions of section
20 of any other provision of this Act or by
fraudulent method and is held or cultivated
by any person with the knowledge of such
transfer, he shall be punished with
imprisonment of either description for a
term which may extend to three years or
with fine which may extend to one
thousand rupees or with both, and , in the
case of a continuing, offence, to further
fine not exceeding fifty rupees for each
day during which the offence continues:,
and

(c) the existing sub-section (2) and (3)
shall be renumbered as sub-section 3
and 4 respectively.

List of Scheduled Tribes, Scheduled Castes and Backward Classes.
List of Scheduled Tribes, Scheduled Castes as specified in Part II of the Schedule to the
Constitution (Scheduled Tribes) Order, 1950 and (Scheduled Castes) Order, 1950 as amended by
Scheduled Castes and Scheduled Tribes (Amendment) Act, 1956 (Act 63 of 1956), vide also
Scheduled Castes and Scheduled Tribes Orders, Scheduled Tribes Lists (Modification) Order, 1956,
Bihar Gazette at page 111 dated 21.5.1957.
List of Scheduled Tribes
(1) Asur, (2) Baiga, (3) Banjara, (4) Bathudi, (5) Binjhia, (6) Birhore, (7) Bedia, (8) Birjia (9)
Chiro, (10) Chik-Baraik, (11) Gond, (12) Gorait, (13) Ho, (14) Karmali, (15) Kharia, (6)
Kheewar, (17) Khonel, (18) Kisan, (19) Kora, (20) Karwa, (21) Lohara or Lohra, (22) Mahli,
(23) Mal Paharia, (24) Munda, (25) Oraon, (26) Paharia, (27) Santhal, (28) Sauria Paharia, (29)
Savar.
In the district of Ranchi, Singhbhum, Haqaribagh, Santhal Pargana and Manbhum
“Bhumij”.
Note.-Any reference to a district or other territorial division of the State shall be construed as
a reference ot the District or the other territorial division as existing on 26th January, 1950.


List of Scheduled Castes.
1. Throughout the State of Bihar-
(1) Bauri(2) Bantar(3)Bhogta (4) Chamar or Mochi (5) Chaupal (6) Dhobi (7) Dom or Dhangar
(8) Dusadh, Dhari or Dhathi (9) Ghari (10) Halal Khor (11) Hari, Mehtar or Vangi
(12)Kanjar (13) Kuriar (14) Lalbegi (15) Dawpar (16) Mushar (17) Nat (18) Pan or Khawasi
(19) Pasi (20) Rajwar (21) Turi.
2. In Palamau District “Bhumij” and “Bhuiyan”.

List of Backward Classes
(Vide Notification No. A./T.3043/61-5423-R.dated 23rd June, 1962 under section 46(b) of C.N.T.
Act which was published at page 971 (Part II) of Bihar Gazette dated 18.7.1962).

Castes and Classes Area in Which recognized
1. Bari Throughout the State of Bihar
2. Banapar Throughout the State of Bihar
3. Bediya Throughout the State of Bihar
4. Beldar Throughout the State of Bihar
5. Bhatiara Throughout the State of Bihar
6.Bherihar (including Garer) Throughout the State of Bihar
7. Bind Throughout the State of Bihar
8. Chik (Muslim) Throughout the State of Bihar
9. Dafali (Muslim) Throughout the State of Bihar
10. Dhanuk Throughout the State of Bihar
11. Dhobi (Muslim) Throughout the State of Bihar
12. Gorhi (including Chhabi) Throughout the State of Bihar
8
13. Hazam Throughout the State of Bihar
14. Kahar Throughout the State of Bihar
15. Kasab (Kasai-Muslim) Throughout the State of Bihar
16. Ke (Keut) Throughout the State of Bihar
17. Khatik Throughout the State of Bihar
18. Mali (Malakar) Throughout the State of Bihar
19. Khunia (Muslim) Throughout the State of Bihar
20. Mullah (including Surahiya) Throughout the State of Bihar
21. Madari (Muslim) Throughout the State of Bihar
22. Mehtar, Lalbegi, Halkhor land Bhangi (Muslim) Throughout the State of Bihar
23. Miriasin (Muslim) Throughout the State of Bihar
24. Nat (Muslim) Throughout the State of Bihar
25. Noniya Throughout the State of Bihar
26. Pamaria (Muslim) Throughout the State of Bihar
27. Shikara Throughout the State of Bihar
28. Tanties(Tantwa) Throughout the State of Bihar
29. Bhar Chota Nagpur Division
30. Bhar Chota Nagpur Division
31. Bhuinhar Chota Nagpur Division
32. Dhanwar Chota Nagpur Division
33. Gulgulia Chota Nagpur Division
34. Kwar Chota Nagpur Division
35. Khetauri Throughout the State of Bihar
36. Kurmi(Mahto) Throughout the State of Bihar
37. Majwar Throughout the State of Bihar
38. Malar(Malhor) Throughout the State of Bihar
39. Pradhan Throughout the State of Bihar
40. Tamaria Throughout the State of Bihar
41. Bhuinyan Throughout Chota Nagpur excepting
the District of Palamau.
42. Agarea Latehar and Gumla Sub-Division
43. Bagdi District of Dhanbad
44. Bhaskar District of Palamau
45. Kaibarta District of Dhanbad
46. Karora District of Singhbhum
47. Maulik District of Dhanbad
48. Bahira District of Dhanbad and Ranchi
49. Pando District of Ranchi
50. Pangania District of Ranchi
51. Saunfa (Sauaa) District of Singhbhum

 

 
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Disclaimer: while all possible effort has been made to maintain the accuracy of the information, error is a possibility and thus vistors are requested to confirm the contents with available resources.
 


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