Government
of Bihar
Department
of Revenue & Land Reforms
The Bihar Special Survey and Settlement Rules, 2012
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:-
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".
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.
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.
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.
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
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.
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.
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
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
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.
1 comment:
Nice Info! The property dealing industry in Lucknow has seen good development over the past ten years. Today, there are huge numbers of investors looking for an investment as well as commercial property in Lucknow .
Plots in Lucknow | Property in Lucknow
Post a Comment