THE BIHAR SCHEDULED AREAS REGULATION, 1969]

THE BIHAR SCHEDULED AREAS REGULATION, 1969][1]

[Bihar Regulation 1 of 1969]

PREAMBLE
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 : -

Regulation 1. Short title. --

This Regulation may be called the Bihar Scheduled Areas Regulation, 1969.

Regulation 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.

[The Regulation has been enacted to give special protection and safeguard to the members of the
Scheduled Tribes as specified in Part III of the Schedule to the Constitution (Scheduled Tribes) Order,
1950. The Deputy Commissioner in the Scheduled Areas have been empowered to take actions in
accordance with the provisions of this regulation. The word Deputy Commissioner is to include also the
other officers specially empowered by the State Government. In exercise of the powers conferred by
this section the State Government has specially empowered the Sub-Divisional Officers of the Scheduled
Area subdivisions to exercise the powers and exercise any of the functions of the Deputy Commissioner
in their respective areas by Notification No. S.O. 133 dated 13.2.1970 published in the Bihar Gazette's
issue dated 16-2-1970.]

Regulation 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 relating to the transfer of land of a member of the Scheduled
Tribes as specified in Part III to the Schedule 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.

Regulation 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.

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 THE BIHAR SCHEDULED AREAS REGULATION, 1969]

Schedule
(See Section 3)

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 THE BIHAR SCHEDULED AREAS REGULATION, 1969]

[Link]. Name, [Link] year of the Section Manner of extent ofamendment.

Act,

1. 2. 3. 4

CENTRAL 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 relating 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 Act of 1963 Article 65 of of the 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".
Schedule

3. Chota Nagpur Tenancy Act Section 71A &71B Bengal Act

1908 (Bengal) Act VI of 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. --
1908)

[2] [4]
If at any time it comes to the notice of the Deputy Commissioner that transfer of land belonging to a raiyat [or a Mundari khunt kattidar or Bhuinhar] who is a member of the Scheduled Tribes has taken place in contravention of section 46[3] [ 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, 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, as affected to the land which the Deputy Commissioner may deem fair and equitable.

[5]
[Explanation I--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 include structure or building, of any value, the material of which can be removed with out substantially impairing the value of.]

[6]
[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].

[7] 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
[216 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.
[8]
[In sub-section (i) for the words "thirty days the words ninety days" shall be substituted]

[9] The Santhal Paragana Section 20 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
[4. Tenancy (Supplementry sub-section (1) or (2) or by any fraudulent method, including decree 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 evict the transferee from such land without payment of compensation and restore it to the
Provisions) Act 1949 (Bihar 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:
Act XIV of 1949) 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 the Deputy Commissioner is satisfied that the transferee has costructed a substantial structure or building on such holding or portion thereof before 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 pay adequate compensation to be determined by the Deputy Commissioner for rehabilitation of the transferor.

[10]
[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 matrial of such can be removed without incurring substontial depriciation 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 re-settled, he shall require the transferor or 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 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 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-sections (2) and (3) shall be renumbered as sub-section 3 and 4 respectively.

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[1]
Published in Bihar Gazette (ex-ord.) dated 9.2.1969.

[2]
Inserted by Reg. 1 of 1986.

[3]
Inserted by Reg. 1 of 1986.

[4]
Inserted by Reg. 1 of 1972

[5]
Re-Numbered as Explanation 1 by Reg. 1 of 1983.

[6]
Inserted by ibid.

[7]
Section 216 of the C.N.T. Act has been amended by the Bihar Regulation 1 of 1974.

[8]
Inserted by ibid.

[9]
Sl. No. 4 re-numbered by Reg. 1 of 1986.

[10]
Inserted by Reg. 1 of 1986.

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