Bihar Land Reforms Act, 1950
No: 30 Dated: Apr, 01 1950
Bihar Land Reforms Act, 1950
(Bihar Act 30 of 1950)
An Act to provide for the transference to the State of the interests of proprietors and tenure-holders in land and of the mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries, hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrarian policy to be pursued by the State Government consequent upon such transference and for other matters connected therewith.
Whereas it is expedient to provide for the transference to the State of the interests of proprietors and tenure holders in land and of mortgagees and lessees of such interests including interests in trees, forests, fisheries, jalkars, ferries or hats, bazars, mines and minerals and to provide for the constitution of a Land Commission for the State of Bihar with powers to advise the State Government on the agrain policy to be pursued by the State Government consequent upon such transference and for other matters connected then with;
It is herby enacted as follows :-
CHAPTER 1
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Bihar Land Reforms Act, 1950.
(2) It extends to the whole of the State of Bihar
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.
2. Definitions. - In this Act, unless there is anything repugnant in the subject or context :-
(a) "Agricultural year" means, where the Bengali year prevails, the year commencing on the first day of Baisakh, where the Fasli or Amli year prevails, the year commencing on the first day of Asin and, where any other year prevails for agricultural purposes, that year;
(b) "Board" means the Board constituted under Section 18;
[(bb) "Building used primarily as office or cutchery for the collection of rent" includes, in relation to an estate or tenure vested in the State, any building used by the intermediary primarily for the purpose of collecting rent, deposting cash collections, storing produce rents, doing office work in connection with the settlements of lands or custody of settlement papers or other records relating to the estate or tenure;]
(c) "Charitable purpose" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility;
(d) "Claims Officer" means the Claims officer appointed under subsection (1) of Section 14;
(e) "Collector" includes any Officer [not below the rank of a Sub-Deputy Collector] [appointed] by the State Government to discharge all or any of the functions of a Collector under this Act;
(f) "Commission" means the Bihar Land Commission constituted under Section 34;
(g) "Compensation Officer" means the Compensation Officer appointed under Section 19;
(h) "Date of vesting" means in relation to an estate or tenure vested in the State, the date of publication in the Official Gazette of the notification under sub-section (1) of Section 3 [or sub-section (1) or (2) of Section 3A] in respect of such estate or tenure;
[(i) "Estate" means any land and several fishery and ferry rights included under one entry in any of the general registers of revenue-paying lands and revenue-free lands, prepared and maintained under the law for the time being in force by the Collector of a district, and includes revenue-free land and several fishery and ferry rights not entered into any rester and a share in or of an estate.]
(j) "Homestead" means a dwelling house used by the proprietor or tenure-holder for the purposes of his own residence or for the purpose of letting out on rent together with any courtyard, compound, attached garden orchard and out-buildings and includes any out-buildings used for purposes connected with agriculture or horticulture and any tank, library and place of worship appertaining to such dwelling house;
[Explanation. - In this clause, the expression "dwelling house" or" out-building shall include any land on which there stood such dwelling house or outbuilding at any time before the date of vesting.]
[(jj) "Industrial undertaking" means any industrial undertaking other than a public sector undertaking relating to;
(a) heavy industry;
(b) explosives;
(c) fertilizers;
(d) iron and steel;
(e) cement; or
(f) coal;]
[(jjj)] "Intermediary" in relation to any estate or tenure, means a proprietor, tenure-holder, under-tenure-holder and trustee;
[(jjjj)] "Intermediary interest" means the interest of an intermediary in an estate or tenure;
(k) "Khas possession" used with reference to the possession of a proprietor or tenure-holder of any land used for agricultural or horticultural purposes means the possession of such proprietor or tenure-holder by cultivating such land or carrying on horticultural operations thereon himself with his own stock or by his own servants or by hired labour or with hired stock;
Explanation. - "Land used for horticultural purposes" means land used for the purpose of growing fruits, flowers or vegetables.
(l) "Lease" in relation to mines and minerals, shall include a sub-lease, prospecting lease and an agreement to lease and sublet and "lessee" shall be construed accordingly;
(m) "Mine" means any excavation where any operation for the purpose of searching for or obtaining minerals has been or is being carried on, but does not include any works, machinery, tramways or sidings appertaining to a mine and a mine shall be deemed to be "in operation" if a notice of the commencement of its operation has been given under Section 14 of the [Indian Mines Act, 1923 (4 of 1923)] to the District Magistrate of the district in which such mine is situated and the discontinuance of the operation thereof has not been notified to the competent authority;
(n) "Prescribed" means prescribed by Rules made under this Act;
(o) "Proprietor" means a person holding in trust or owing for his own benefit an estate or part of an estate, and includes the heirs and successors-in-interest of a proprietor and, where a proprietor is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator;
[(oo) "Public sector undertaking" means a Corporation established by or under a Central or State Act which is owned or managed by the Central Government or a State Government and includes a company in which not less than fifty-one percent of the paid-up share capital is held by the Central Government or by any State Government or partly by the Central Government and partly by one or more State Governments relating to -
(a) heavy industry;
(b) explosives;
(c) fertilizers;
(d) iron and steel;
(e) cement, or
(f) coal;]
[(ooo) "Religious purpose" means a purpose which relates exclusively to religious worship, teaching or service or to the performance of religious rites but does not include a Wakf-al-a-aulad;]
(p) "Temporary lease" in relation to an estate or tenure, means a lease from year to year or for a term of years commonly known as 'thica', but does not include a lease of mines and minerals comprised in such estate or tenure;
[(q) "Tenure" means the interest of a tenure-holder or an under tenure-holder and include. -
(i) a ghatwali tenure,
(ii) a tenure created for the maintenance of any person and commonly known as kharposh, babuana, etc., and
(iii) a share in or of a tenure but does not include a Mundari Khunt Kattidari Tenancy within the meaning of the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908), or a bhuinhari tenure prepared and confirmed under the Chota Nagpur Tenures Act, 1869 (Bengal Act 2 of 1869);]
[(r) "Tenure-holder" means a person who has acquired from a proprietor or from any other tenure-holder a right to hold land for the purpose of collecting rent or bringing it under cultivation by establishing tenants on it and include :-
(i) the successors-in-interest of persons who have acquired such right,
(ii) a person who holds such right in trust,
(iii) a holder of a tenure created for the maintenance of any person.
(iv) a ghatwal and the successors-in-interest of a ghatwal, and
(v) where a tenure-holder is a minor or of unsound mind or an idiot, his guardian, committee or other legal curator;]
(s) "Trust" includes any express or constructive trust created or existing for a public purpose of a charitable or religious nature and a Hindu, Muslim, Christian, Buddhist or any other religious or charitable endowment; and
(t) all words and expressions used in this Act but not defined in this Act and defined in the Bihar Tenancy Act, 1885 (8 of 1885) or the Chota Nagpur Tenancy Act, 1908 (Ben. Act 6 of 1908) shall :-
(i) in their application to the area to which the Chota Nagpur Tenancy, Act, 1908 (Bengal Act 6 of 1908), applies, have the same meanings as in that Act;
(ii) in their application to the area to which the Bihar Tenancy Act, 1885 (8 of 1885) applies, have the same meanings as in that Act; and
(iii) in their application to any area in the Santal Parganas, have the same meanings as in the Bihar Tenancy Act, 1885 (8 of 1885).
[2A. Interpretation. - The expressions 'proprietor or tenure-holder' and 'estate or tenure' wherever they occur in this Act shall unless the context or subject otherwise requires' be construed to mean and include; intermediary' and the 'intermediary interest' respectively.]
2B. [x x x x]