Government of Bihar

Department of Revenue & Land Reforms
The Bihar Special Survey and Settlement Rules, 2012

Notification No............................ Dated...................... In exercise of the powers
conferred by Section 28 of The Bihar Special Survey and Settlement Act. 2011, the State Government hereby make the following Rules:-

CHAPTER – I

PRELIMINARY

  1.     Short title, extent and Commencement.- (1) These rules may be called "The Bihar
Special Survey and Settlement Rules, 2012".

(2)         It shall extend to the whole of the State of Bihar.

(3)         It shall come into force on such date as may be notified by the Government in the Official Gazette.

 2. Definitions.- In these rules, unless there is something repugnant in the subject or context, definitions of words given in Section-2 of the Bihar Special Survey and Settlement Act, 2011 (Bihar Act 24, 2011) shall apply to the Bihar Special Survey and Settlement Rules, 2012.

CHAPTER – II

NOTIFICATION AND PROCLAMATION

  3.     Notification.- (1) The State Government shall express its intention to conduct special
survey and settlement through publication of a notification in the Official Gazette.

(2) Copies of the notification published under the foregoing rule-3(1) shall also be forwarded to the different offices of the Central/State Government to enable them to put their claims/objections, if any, with respect to the entries during the Special Survey and Settlement operation so that record of rights of lands held/ owned by them, are correctly prepared.

4.          Proclamation.-(1) The Survey and Settlement Officer shall publish a proclamation in Form-1 addressed to the land holders/persons having any interest in the lands of the area under Special Survey and Settlement operation, directing them to demarcate their lands for the purpose of pointing out boundary marks of the land parcels.

(2) After the publication of proclamation under foregoing Rule- 4(1), the survey and settlement officer, or any other officer/employee, acting under the authority of the Survey and Settlement Officer shall have power to enter upon the lands under Special Survey and Settlement, to examine and measure such lands by any method, he deems fit and may clear the lands by cutting down or removing any trees, jungle, standing crops or other obstructions, as may be necessary, for the purpose of survey. However, no claim or compensation as to cost can be claimed for the above action.

CHAPTER – III

REORGANIZATION OF ONGOING SURVEY AND SETTLEMENT OPERATIONS

5.          Reorganization of ongoing survey and settlement operations.- The Government may, by an executive order, reorganize the ongoing survey and settlement operations of a district to bring it in conformity with the provisions of the Bihar Special Survey and Settlement Act, 2011.

CHAPTER – IV

SELF DECLARATION

6. Self declaration by the land holder and its verification.-(1) After the publication of notification under rule 3(1) of the Bihar Special Survey and Settlement Rules 2012, the land owners/holders may submit, in duplicate, a self declaration of lands owned/held by them in Form-2. One copy of the self declaration shall be made over to the person concerned after initialing and putting date and serial number by the receiving officer/employee as a token of acknowledgment of the same.

(2) The self declaration shall be submitted within 30 working days from the date of publication of the notification under rule-3(1). However, in special circumstance the period may be extended by 15 additional working days.

(3)           The self declaration may be submitted before the concerned Anchal Adhikari/Assistant Settlement officer incharge of the concerned camp.

(4)           If a self declaration is submitted before an Assistant settlement officer, the same shall be received in the manner prescribed in the foregoing sub Rule-(1) and shall be forwarded to the Anchal Adhikari of the concerned Anchal for its verification.

(5)           The Anchal Adhikari shall verify the details of self declaration on the basis of revenue records such as the last record of rights, Register- IB i.e Continuous Khatiyan, Register-2 i.e. the tenants's ledger or any such revenue records maintained and available at his level.

(6)           The maximum period for the verification of self declaration shall be 15 working days from the date of the receipt of the self declaration.

(7)           After the verification of the self declaration, the Anchal Adhikari shall prepare the verification certificate in Form-3 and make it available to the Assistant Settlement Officer concerned.

(8)           Any self declaration which could not be verified by the Anchal Adhikari due to non availability of the relevant records or due to disputes, shall be kept and maintained in a separate register giving reasons in brief for non verification in Form- 4 and the register along with the self declarations shall be sent to the concerned Assistant Settlement Officer.

CHAPTER – V

KIST WAR

7. Kistwar by Modern Technology.- (1) The Kistwar of a revenue village shall be carried out by the preparation of map through modern technology inclusive of base mapping, demarcation of plots as well as revenue village and ground verification.

(2)           The revenue map shall be prepared on different scales, keeping in view the density of plots, incorporating the technical details, headings and any other relevant details pertaining to the map so that any land parcel and its boundary may be clearly shown and measured.

(3)           The map, so prepared, shall be made available to the concerned Assistant Settlement Officer for its verification. The Amin shall verify cent - percent of the plots

of the map and the Kanoongo, Assistant Settlement Officer, Charge Officer and the Settlement Officer shall randomly check 25%, 10% ,2% and 1% of the plots respectively.

(4)           The verification of the map shall be carried out by comparing it with the map of the last survey as well as by spot verification of the areas and boundaries of the existing plots.

(5)           The verification of the map of a revenue village shall be completed within a period not exceeding 30 working days from the date of the receipt of the map. (6)  The map, so prepared, after necessary correction shall remain displayed on the
notice boards of the office of the Gram Panchayat of the concerned revenue village as well as at the camp office for the general public.

CHAPTER – VI

KHANAPURI

 8. Constitution of Khanapuri Party.-(1) Revenue village wise Khanapuri parties shall be constituted by the Settlement Officer of the concerned district consisting of the following :-

(i)             An officer/revenue employee of the Anchal Office concerned;

(ii)           Representative of Director, Land Records and Survey, Bihar;

(ii)      Any other designated officer or employee;

(2)           The constitution of the Khanapuri party shall be published in the concerned District Gazette.

(3)           The Khanapuri party shall be headed by an officer/employee of the kanoongo or equivalent grade.

(4)      The Khanapuri party constituted in the aforesaid manner shall work under the
supervision and control of the Assistant Settlement Officer of the concerned area.

 9. Khanapuri Work:- (1) Before the initiation of Khanapuri work of a revenue village, a teriz i.e, abstract of last record of rights and a Kheshra Register shall be prepared village wise in triplicate in Form-5 and Form-6 respectively.

(2)         The verification certificate in respect of the self declaration of raiyats, issued and made available to the Assistant Settlement Officer of the concerned camp by the Ancahal Adhikari concerned, shall be re-verified with the help of Teriz, khesra register at the camp.

(3)         The self declaration which could not be verified by the Anchal Adhikari due to non availability of the relevant revenue records or due to a dispute, shall be verified by the Khanapuri party on the basis of the available records such as Teriz, khesra register etc.

(4)         The Khanapuri party shall physically verify each plot of the concerned revenue village with the map made available after Kistwar and shall make a note of all the changes in the configuration of plot and also other changes, if any. If any plot differs from the area and boundaries shown in the map, the Khanapuri Party shall ink it up in red in the map. If any plot is found sub-divided into two or more parts then a separate "Bata Number (Division Number)" for each such part shall be given, and in such cases sub-division of plots shall be shown in broken lines. Accordingly, the map of the concerned revenue village shall be altered/corrected. The Amin shall verify cent-percent plots of the revenue village and Kanoongo, Assistant Settlement officer, Charge Officer and Settlement Officer shall randomly verify 25%,10%,2% and 1% of the plots respectively.

(5)         During field verification, the Khanapuri Party shall identify and demarcate public lands, government land and record the same in the preliminary record of rights.

(6)         After the verification, the Khanapuri Party shall prepare raiyat wise Khanapuri purcha in Form-7 in the light of available reference revenue records, verification certificates of self declaration as well as actual field verification.

(7)         The Khanapuri Purcha prepared in Form-7 shall be served to the land holders/owners including officers concerned with Government land/public land. The Land holders/owners shall also be made aware of the entries of the Khanapuri purcha at a convenient place and on fixed date and time.

(8)      Khanapuri purcha prepared in Form-7 shall be served on the raiyat concerned or
his near relative. However, if he declines to receive the purcha the same will be served

on him by pasting it on the front gate of his house/wall. The person responsible for the service of the purcha, shall, as far as possible, obtain the signatures of the panchayat representative, village chowkidar and other local residents on the service report and the same shall be deemed to be a proper service of the Khanapuri purcha.

(9)          Claims/objections against the entries of Khanapuri purcha may be filed by the land holder/owner or any person having interest in the land including representatives of the concerned office of the State Government/Central Government/Public Sector/ Local bodies in Form-8. and a receipt as a token of acknowledgment for the same shall be issued to the person concerned in Form-9.

(10)       Claims/Objections of the land holder/owner or any other person having interest in the land received at the camp office concerned shall be maintained in a separate register in Form-10.

(11) Private agencies may be engaged in the preparation of Khanapuri purcha and its services. Elaborate order to that effect shall be issued by the Director, Land Records and Survey, Bihar. Remuneration/Rates for the private agency to carry out above works shall be fixed by the Director, Land Records and Survey, Bihar, from time to time.

10. Disposal of claims/objections during Khanapuri .- (1) The Knanoongo /Circle Inspector/Assistant Consolidation Officer concerned shall issue separate notices to the parties concerned for the disposal of claims /objections in Form-11 clearly mentioning therein the place, date and time of hearing besides a brief account of the claim/objection.

(2)           The parties concerned shall be given an opportunity of being heard and adduce
evidence, if any.

(3)           Claims/objections shall be disposed off in a summary manner by the Kanoongo/Circle Inspector/ Assistant Consolidation Officer by passing a reasoned order, within a maximum period of 30 working days of filing of such claims/objections.

Provided that if the claims/objections filed pertain to Government/Public Land, the same shall be heard and disposed off by an officer not below the rank of Assistant Settlement Officer /Circle Officer/Consolidation Officer.

(4) If any of the parties does not appear even after proper service of the notice, claims/objections may be disposed off ex-parte on the basis of available revenue records and field verification.

CHAPTER – VII

PUBLICATION OF DRAFT KHANAPURI RECORD OF RIGHTS

11.       Preparation of Draft Khanapuri Record of Rights.- (1) After the completion of Khanapuri work a draft of Khanapuri record of rights shall be prepared in Form-12 incorporating the orders passed with respect to the claims/objections received during Khanapuri operations against the entries of Khanapuri purcha as well as the map. (2)      The Khanapuri record of rights including the map shall be attested by the
Assistant Settlement Officer incharge of the camp.

12.       Publication of Draft Khanapuri Record of Rights.- (1) The draft Khanapuri record of rights including map prepared under rule 11(1) and attested by the Assistant Settlement Officer concerned under rule 11(2), shall be published for a continuous period of 30 days in the following manner :-

(i)             by displaying it in the Special Survey/Settlement camp concerned;

(ii)           by displaying it at a conspicuous public place in the revenue village concerned;

(iii)          by displaying it on the notice board of the office of the Gram Panchayat of the revenue village concerned;

(iv)          by displaying it on the notice board of the Anchal Office concerned;

(2)           The draft Khanapuri record of rights including the map published under rule 12(1) shall remain available in the Special Survey/Settlement camp office for the perusal of the public free of cost.

(3)           The non final copy of the map shall be made available to the desirous raiyats/persons having interest in the land on payment of such fee as fixed by the Director, Land Records and Survey, Bihar.

13. Filing of claims/objections against the entries in the draft Record of Rights.-

(1)      Simultaneous with the publication of draft Khanapuri record of rights under rule
12(1) the Assistant Settlement Officer concerned shall issue a public notice in Form-13

inviting claims/ objections, if any, with respect to the entries of draft record of rights including the configuration of plots shown in the concerned map.

(2)         The public notice shall be displayed by pasting it at a prominent public place of the revenue village concerned, on the notice boards of the Gram Panchayat Office concerned and the concerned Special Survey and Settlement camp.

(3)         The public notice shall clearly mention that claims/objections, if any, against the entries of Draft record of rights including the map may be filed within 30 days, from the date of the publication of draft record of rights, free of cost.

(4)        The claims/objections against the entries in Draft Record of Rights, including the map, may be filed in the Special Survey and Settlement camp concerned, by a land owner/holder or any person having interest in the land including representatives of the concerned office of the State Government/Central Government/Public Sector/Local bodies in Form-14.

(5)        The claims/objections of the land owners/holders or any other person having interest in the land received at the Special Survey and Settlement camp shall be maintained in a separate register in Form-15 and a receipt as a token of acknowledgement for the same shall be issued to the person concerned in Form-16.

(6)         A separate case record for each such claim/objection shall be opened in order of the receipt of the claims/objections.

(7)         The Assistant Settlement Officer shall issue separate notices to the parties concerned in Form-17, whereunder a brief account of claims/objections mentioning therein the place, date and time of hearing.

(8) On the date fixed, the claims/objections shall be heard and evidences shall be recorded. If necessary, the Assistant Settlement Officer shall fix a date for the inspection of the plot/plots either by himself or by any other officer/employee authorized by him in this behalf, to ascertain the physical possession over the plot/plots as well as the veracity of the evidences adduced during hearing. The parties concerned shall be informed in advance. A memo of such spot enquiry shall be prepared and annexed with the case record.

(9)           In case any party does not appear even after given an opportunity for appearance, of being heard and adduce evidence, if any, claims/objections may be disposed off ex-parte on the basis of available records, documentary evidence and spot verification, if necessary.

(10)        Claims/objections shall be disposed off in a summary manner by the Assistant Settlement Officer/Circle Officer/Consolidation Officer within a maximum period of 60 days from the date of filing of the claims/objections.

Provided if claims/objections with respect to any land during Khanapuri operations had been disposed off by an officer not below the rank of Assistant Settlement Officer/Circle Officer, Consolidation Officer the claims/objections with respect to those lands shall not be disposed off by the same officer.

(11) Private agency may be engaged for the preparation of draft Khanapuri record of rights and draft of notices to serve the claimants/objectors and persons having interest in the land, on remunerations/ rates as fixed by the Director, Survey and Land Records, Bihar, from time to time.

CHAPTER – VIII

RECESS

14. Recess.-(1) Orders passed with respect to claims/objections against the draft publication of Khanapuri record of rights, shall be complied with by making necessary additions/alterations in the draft record of rights including the map which shall be called “Tarmim.”

(2)           A detailed comparison of village boundaries with the boundaries as shown in the last revenue village map and orders passed at different earlier stages shall be made and the process shall be called “Muqabla”. Care shall be taken that the area of plots as shown in the draft record of rights matches with the area shown in the map concerned.

(3)           The area of each plot and total area of revenue village including boundaries of the revenue village in the Last Survey map and area of plots and total area of the revenue village and boundaries as prepared after draft publication of record of rights shall be thoroughly compared, checked and verified and the process shall be called

“janch”. On being satisfied after janch the Assistant Settlement Officer concerned shall pass the new area as prepared after draft publication.

(4)           After passing the area by the Assistant Settlement Officer concerned, a new Teriz in Form-18 i.e, abstract of the new record of rights, new plot register in Form-19 shall be prepared by Amins/Licensed Surveyors.

(5)          The record of rights, before its final publication, shall be arranged according to the names of raiyats alphabetically in Hindi and this process shall be known as “Tartib”.

(6)      On the basis of the new Teriz and plot register, copies of record of rights, shall
be prepared in Form-20 for its final publication in quadruplicate after proper checking

and comparison and the process shall be called “Safai”. A copy of the Records of Rights called “Raiyati Fard” shall be made available to the concerned raiyats. The second copy shall be sent to the concerned Anchal Adhikari for the preparation of Tenants Ledger Register. The third copy called “Maliki Fard” shall be made available to the Collector of the District concerned. The fourth copy shall remain in the custody of the Director, Land Records and Survey for preservation and for future reference.

CHAPTER – IX

FINAL PUBLICATION OF RECORD OF RIGHTS

15. Final Publication of Record of Rights.- (1) The copies of the record of rights and maps finally prepared in Form-20, shall be finally published under the hand and seal of the Settlement Officer of the concerned district. The same shall be placed for public inspection from the date of final publication for a continuous period of 30 days in the following manner.-

(i)             by displaying it in the Special Survey/Settlement camp concerned;

(ii)           by displaying it at a conspicuous public place of the village concerned;

(iii)          by displaying it on the notice board of Gram Panchayat of the revenue village concerned;

(iv)          by displaying it on the notice board of the Anchal Office concerned;

(2)           The government may notify an officer not below the rank of the Deputy Collector Land Reforms for hearing and disposal of claims/objections filed against the entries of finally published record of rights including the map.

(3)          Any person who has an interest in any land or a part thereof may file claims/objections within 90 days from the date of final publication under Section 11(1) of the Bihar Special Survey & Settlement Act, 2011, before the notified officer concerned in Form 21.

(4)           The notified officer concerned shall issue notices in Form 22 containing therein a brief account of claims/ objections to the parties concerned for the disposal of claims and objections.

(5)           The place, date and time of the hearing shall be clearly mentioned in the aforesaid notice. The parties concerned shall be provided an opportunity for appearance, hearing and adducing evidence, if any.

(6)           In case any of the parties does not appear even after given an opportunity for appearance, hearing and adducing evidence, if any, claims/ objections may be disposed of ex-parte on the basis of available records/documentary evidences and spot enquiry, if required.

(7)           Claims/objections shall be disposed of in a summary manner within a maximum period of 90 days from the receipt of the same.

16. Presumption of final Publication and Correctness of Record of Rights.- (1) The State Government may, by notification, declare, with regard to any specified area, that a record of rights has been finally prepared and published for every village included in such area and such notification shall be conclusive evidence of such publication.

(2)           The record of rights finally prepared and published under this Act, shall be presumed to have been finally published.

(3)           Every entry in a record or rights so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct unless it is proved by evidence to be incorrect.

17. Maintenance of Final Record of Rights.- Hard and soft copies of the final record of rights including the map shall be duly maintained and its copies shall be made available

to desirous applicants on payment of fees, as fixed from time to time, by the Director Land Records and Survey Bihar.

CHAPTER – X

LICENSED SURVEYOR

18.       Grant of License to the Surveyor.- (1) With a view to obtaining applications from candidates desirous of getting a license, the Director, Land Records and Survey, Bihar shall prepare an advertisement and cause it to be published through the website of the Department of Information and Public Relations and the Department of Revenue and Land Reforms, Government of Bihar. Besides other facts, age-limit, educational, technical qualifications, experience, reservation roster, the licensed surveyors' functions and duties, fees and remuneration and other conditions shall be incorporated in the aforesaid advertisement.

(2) The Director, Land Records & Survey, Bihar shall grant license to eligible candidates and shall send the list to District Collectors! Settlement Officers as and when required, for use as per executive instructions to be issued in this regard.

19.       Work and Remuneration of Licensed Surveyors.- (1) In order to obtain the services of the licensed surveyors, private individuals may deposit fees, as fixed from time to time, by the Director, Land Records & Survey, Bihar along with an application, in the revenue office concerned. Director Land Records & Survey, Bihar will determine the amount to be deducted out of the aforesaid fees as incidental expenses incurred in the Revenue Office concerned.

(2)           The licensed surveyors shall be paid remuneration as fixed from time to time by the Director, Land Records & Survey, Bihar for carrying out work assigned to them by any Government Department, requisitioning body relating to land acquisition or any public body, institution or authority.

(3)           In case the licensed surveyors are assigned work pertaining to the preparation of maps!record of rights during survey, settlement and consolidation operations or updating of the record of rights and the like, they shall be paid remuneration as fixed by the Director, Land Records & Survey, Bihar from time to time.

20. Cancellation of License of a Licensed Surveyor.- The Director, Land Records & Survey, Bihar may cancel the license of a licensed surveyor due to any of the following reasons:-

(a)      If he is not committed to his work.

(b)      If he is found using intoxicating drugs or in an inebriated condition at work place.

(c)       If he is attached to a political party or takes part in political activities.

(d)      If he is found guilty of immoral conduct or financial irregularity.

(e)      Any such conduct, which is contrary to the code of conduct applicable to a public servant.

(f)       If he is found technically unfit.

Note:- The licensed surveyor concerned shall be given an opportunity to present his case, in accordance with the principle of natural justice, before taking a decision on the aforesaid charges.

CHAPTER – XI

TECHNICAL GUIDELINES

21. Preparation of Technical Guidelines.- Director, Land Records & Survey, Bihar, shall frame Technical Guidelines within 60 (sixty) days from the date of notification of these Rules, for meeting any or all of the purposes of this Act. The said Technical Guidelines shall be notified by the administrative department. The said Technical Guidelines shall include, besides other things, prevalent methods of Kistwar by modern technology. The said Technical Guidelines shall also incorporate works to be done during recess. Necessary provisions shall also be made in the said Technical Rules regarding the maintenance/publication and making available record of rights and map of a revenue village in digital form to interested persons under Section-14 of the Act. Technical aspects of the work of the licensed surveyors under Section-16 of the Act shall also be incorporated in the said Technical Guidelines.