(1) This Act may be called the Bihar Restoration of Bakasht Lands and Reduction of Arrears of Rent Act, 1938.

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

(3) This Section shall come into force at once.

(4) The remaining provisions of this Act or any of them shall come into force in any local area in the 2[State] of Bihar on such date]3 as the Governor may, by notification, appoint, and different dates may be appointed for different provisions.

In this Act, unless there is anything repugnant in the subject or context,

(a) the expressions agricultural year , holding , landlords and raiyat have,

(i) in their application to any area in which the Bihar Tenancy Act, 1885 is in force, the meanings assigned to them by that Act;

(ii) in their application to any area in which the Chota Nagpur Tenancy Act, 1908, is in force, the meanings assigned to them by that Act; and

(iii) in their application to any area in the Santhal Parganas, the meanings assigned to them by the Bihar Tenancy Act, 1885;

(b) Collector means the Collector of a district or the Deputy Commissioner of a district or any other officer appointed by the 4[State] Government to discharge any of the function of a Collector under this Act;

(c) decree includes a certificate signed under the Bihar and Orissa Public Demands Recovery Act, 1914;

(d) petty landlord means a landlord who has neither been assessed to agricultural income-tax under the provisions of any law for the time being in force relating to agricultural income-tax, nor is liable to pay local cess under the Cess Act, 1880 of an amount exceeding Rs. 375 per annum; and

(e) prescribed means prescribed by Rules made under this Act.

RESTORATION OF CERTAIN LANDS SOLD FOR ARREARS OF RENT

(1) A raiyat, whose holding or a portion of whose holding was sold at any time between the first day of January, 1929, and the 31st day of December, 1937, in execution of a decree for arrears of rent and was purchased by the landlord of such holding, may make an application to the Collector for the restoration to him of such holding or portion.

(2) Every application made under sub-section (1) shall be in the prescribed form and shall contain the following particulars, namely:

(i) the name of the landlord of the holding by whom it was purchased;

(ii) the date on which and the amount for which the holding was sold;

(iii) a statement whether the rent of the holding was settled, enhanced or commuted at any time after the first day of January, 1911, whether by an order of a Court or by an agreement between the raiyat and his landlord;

(iv) a statement by the applicant that he is willing to pay the amount which may be determined by the Collector as the amount payable to the landlord for such restoration; and

(v) such other particulars as may be prescribed.

(3) No application under this Section shall be entertained unless it is made within a period of one year from the date on which this Section comes into force.

(1) When the Collector entertains an application made by a raiyat under Section 3, the Collector may, if such application does not comply with the requirements of sub-section (2) of the said Section, allow the defect to be remedied then and there or within a time to be fixed by him.

(2) If the defect is not remedied then and there or, where the Collector has fixed a time under sub-section (1), within such time, the Collector shall reject the application.

If the application is not rejected under Section 4, the Collector shall fix a date for the hearing of the application, and shall forthwith give notice of the application and of the date fixed for the hearing thereof and shall also send along with such notice a copy of the application to the landlord named in the application.

(1) On the date fixed for the hearing of the application, the landlord may appear and object to the application on any one or more of the following grounds, namely:

(a) that he is a petty landlord and that he has been cultivating the holding or any portion thereof by himself with his own stock or by his own servants since before the twenty-second day of March, 1938;

(b) that he has constructed any building or other structure of a permanent nature or planted any garden on the holding or any portion of the holding before the twenty second day of March, 1938, and that such building, structure or garden is of such a value that the restoration of the land covered by such building, structure or garden will be unfair;

(c) that he has excavated any tank on the holding or any portion of the holding before the twenty-second day of March, 1938;

(d) that the holding mentioned in the application or any portion thereof is in the possession of a third person, and that such third person is in possession of the holding or such portion on his own behalf or on behalf of some person other than the landlord under a settlement which, in the case of a holding or portion of a holding sold before the first day of January, 1937, was made in good faith by such landlord before the twenty-second day of March, 1938, or which, in the case of a holding or portion of a holding sold between the first day of January, 1937, and the thirty-first day of December, 1937, was made in good faith by such landlord before the nineteenth day of April, 1938.

(2) The Collector shall thereupon make such inquiry as he thinks fit and if he decides

(a) that the landlord is a petty landlord and that he has been cultivating such holding or portion as mentioned in clause (a) of sub-section (1), he shall,

(i) where the entire holding or portion sold is being so cultivated dismiss the application;

(ii) where only a part of such holding or portion is being so cultivated, reject the application in so far as it relates to such part, and order that the application shall proceed with respect to the remaining part of the holding or portion;

(b) that such building, structure or garden is of such a value that the restoration of the land covered by such building, structure or garden will be unfair, he shall

(i) if such building, structure or garden covers the entire holding or portion sold, dismiss the application;

(ii) if such building, structure or garden covers only a part of such holding or portion, reject the application in so far as it relates to the site of such building, structure or garden and the lands immediately appurtenant thereto and necessary for its enjoyment, and order that the application shall proceed with respect to the remaining part of the holding or portion sold;

(c) that the landlord has excavated any tank, he shall

(i) if such tank covers the entire holding or portion sold, dismiss the application;

(ii) if such tank covers only a part of such holding or portion, reject the application in so far as it relates to the side of tank and the lands immediately appurtenant thereto and necessary for its enjoyment, and order that the application shall proceed with respect to the remaining part of the holding or portion sold;

(d) that such third person is in possession on his own behalf or on behalf of some person other than the landlord under a settlement mentioned in clause (d) of sub-section (1)

(i) of the entire holding or portion sold, he shall dismiss the application;

(ii) of a part of such holding or portion, he shall reject the application in so far as it relates to such part, and order that the application shall proceed with respect to the remaining part of the holding or portion:

Provided that no order under this clause shall be made unless the Collector has given notice of the application to such third person.

(3) In this Section garden means a parcel of land having fruit-trees on it.

If on the date fixed for the hearing of an application made under sub-section (1) of Section 3, the landlord named in such application fails to appear after due service of notice, the Collector may proceed ex-parte.

(1) If an application made by a raiyat under Section 3 is not rejected under Section 4 or dismissed under sub-section (2) of Section 6, the Collector shall

(a) determine the land which is liable to be restored to the raiyat under the provisions of this Act;

(b) determine the amount which shall be payable by the raiyat for the restoration to him of such land:

Provided that such amount shall,

(i) in the case of an entire holding or if only a portion of a holding was sold, in the case of the whole of such portion be a sum equal to the entire amount, if any, which the raiyat or any person having a claim against the raiyat may have withdrawn out of the proceeds of the sale of such holding of portion, and fifty per cenum of the agreegate of the amount mentioned in the sale proclamation for the realisation of which the holding or portion was sold and of the amount of costs necessarily incurred by the landlord in connection with his application for delivery of possession; and

(ii) in the case of a portion of a holding, if the entire holding was sold, or a part of a portion, is only a portion of the holding was sold be such part of the sum mentioned in sub-clause (1) as the Collector may deem fair and equitable after considering all the circumstances of the cases including the value of the entire land sold and of the portion to be restored;

(c) ascertain whether the raiyat desires to deposit the amount mentioned in clause (b) in one lump sum or in instalments;

(d) if the raiyat desires to deposit or pay the said amount in instalments, determine, having regard to the means and circumstances of the raiyat, the number and amount of such instalment which shall not in any event extend over a period exceeding five years; and

(e) order that the raiyat shall be put in possession of such land

(1) if the amount determined under clause (b) is payable in one lump sum, after the raiyat has deposited with the Collector of such lump sum; and

(2) if the said amount is payable in instalments, as soon as possible after the raiyat has deposited with the Collector the amount of the first instalment.

(2) When the Collector passes an order under clause (e) of sub-section (1), he shall on the raiyat's application deliver possession of the land mentioned in such order,

(a) in the case mentioned in sub-clause (1) of clause (e) of sub-section (1), as soon as possible after the raiyat has deposited with the Collector the sum mentioned in the said sub-clause; and

(b) in the case mentioned in sub-clause (2) of clause (e) of the said sub-section, as soon as possible after the raiyat has deposited with the Collector the amount referred to in the said sub-clause.

(1) If the rent of a holding mentioned in the application under sub-section (1) of Section 3 was settled, enhanced or commuted, whether by an order of a Court or by an agreement between the raiyat and his landlord, at any time after the first day of January, 1911, the raiyat shall be entitled to be restored to the possession of the whole of such holding or, if only a portion of such holding was sold, the whole of such portion.

(2) If the rent of the holding mentioned in any such application was not settled, enhanced or commuted in the manner and during the period to in sub-section (1) the raiyat shall be entitled to be restored to the possession of,

(a) in the case of the sale of an entire holding,

(i) the whole of such holding, if the area of the holding was six acres or less;

(ii) one half of the area of such holding, if the area of the holding was more than six acres but more than fifteen acres:

Provided that the area of the portion to be restored shall not be less than six acres;

(iii) one-third of the area of such holding, if the area of the holding was more than fifteen acres but not more than thirty acres:

Provided that the area to be restored shall not be less than seven and a half acres;

(iv) one quarter of the area of such holding, if the area of the holding was more than thirty acres:

Provided that the area to be restored shall not be less than ten acres; and

(b) in the case of the sale of a portion of a holding,

(i) the whole of the portion sold, if the area of the holding was six acres or less;

(ii) one-half of the area of the portion sold, if the area of the entire holding was more than six acres but not more than fifteen acres;

(iii) one-third of the area of the portion sold, if the area of the entire holding was more than fifteen acres but not more than thirty acres;

(iv) one-quarter of the portion sold, if the area of the entire holding was more than thirty acres.

(3) Notwithstanding anything to the contrary contained in sub-sections (1) and (2), where a raiyat is entitled to be restored to the possession of a part of holding and the area of the part of the holding which is left in the possession or control of the landlord and which is liable to be restored to the raiyat is less than the area to the possession of which the raiyat is entitled to be restored under provision of this Act, the raiyat shall be restored to the possession of the entire area of the part left in the possession or control of the landlord and liable to be restored to the raiyat.

When the Collector directs under any of the provision of this Act that only a part of the holding or portion sold shall be restored to the raiyat, he shall,

(a) if the raiyat and the landlord of such holding do not agree as regards the specific plots to be restored, determine the plots which shall be restored of the raiyat; and

(b) determine the rent which shall be payable by the raiyat for such portion of the holding, and the raiyat shall be liable to pay the same to the landlord.

(1) Where a person claiming to be in possession of a holding or portion of a holding as mentioned in clause (d) of sub-section (1) of Section 6 is dispossessed as result of any delivery of possession made under sub-section (2) of Section 8, he may, within two weeks from the date on which he is dispossessed, make an application to the Collector complaining of such dispossession.

(2) Upon the receipt of an application made under sub-section (1) the Collector shall fix a date for investigating the matter and shall summon the party against whom the application is made to appear and answer the same.

(3) If the Collector, after making such inquiry as he thinks fit, is satisfied that the application was in possession of the holding or portion as mentioned in clause (d) of sub-section (1) of Section 6, and had no notice of the proceeding in which the order for delivery of possession was passed, he shall direct that the applicant be put in possession of the said holding or portion.

Notwithstanding anything to the contrary contained in any other law or in anything having the force of law or in any custom, when any land is restored to a raiyat under the provisions of this Act,

(a) any simple mortgage or charge created by the landlord in respect of such land or any portion thereof shall not be building on raiyat; and

(b) all such rights as the raiyat had in respect of the said land and the incidents thereof before its sale shall revive.

(1) A raiyat who has been restored to the possession of his holding or portion of his holding in pursuance of an order under sub clause (d2) of clause (e) of sub-section (1) of Section 8 fails to deposit with the Collector or send to the landlord by money order during a period of two consecutive years, the instalments fixed under clause (d) of sub-section (1) of Section 8, the landlord may make an application to the Collector for the restoration to him of the said holding or portion.

(2) On the receipt of an application under sub-section (1), the Collector shall fix a date for the hearing of the application which, in the case referred to in the proviso to sub-section (3), shall not be less than six weeks from the date of the notice, and shall give notice to the raiyat of the date so fixed and send along with such notice a copy of the application.

(3) On the date fixed for the hearing of the application, the Collector shall hear the parties and shall make such enquiry as he thinks fit and shall, if he is satisfied that the raiyat has failed to deposit with the Collector or send to the landlord by money-order such instalments during a period of two consecutive years, pass an order directing that the raiyat shall be ejected from the land and that the landlord shall be put in possession thereof, or shall if he is satisfied that the raiyat has not tailed to deposit the instalments or send them by money-order, dismiss the application:

Provided that if the instalments in arrears relate to the last two years of the period during which the instalments fixed by the Collector under clause (d) of sub-section (1) of Section 8 were payable, the raiyaf shall not be ejected from the land if he deposits with the Collector the total amount of the instalments in arrears together with compensation at the rate of five per centum of such total amount within a period of thirty days from the date of the service on the raiyat of the notice mentioned in sub-section (2).

(4) When an order for the ejectment of a raiyat has been passed under sub-section (3), the Collector shall, as soon as possible after the date of such order, put the landlord in possession of such holding or portion.

(5) Notwithstanding anything to the contrary contained in any other law where a landlord is put in possession of any land under sub-section (4), any incumbrance created on such land or any portion thereof by the raiyat shall not be binding on such landlord.

(6) Notwithstanding anything to the contrary contained in any other law, when a raiyat has been ejected from any holding or portion of a holding under this Section, he shall not be entitled to make an application to the Collector or institute any suit in any Court for a refund of any sum deposited by him with the Collector as an amount payable so the landlord under any of the provisions of this Chapter or any sum sent by such raiyat to the landlord under sub-section (1) of Section 21.

(1) If the rent of a holding or portion of a holding restored to a raiyat in pursuance of an order under sub-clause (2) of clause (e) of sub-section (1) of Section 8 falls into arrears while any of the instalments payable by the raiyat under clause (d) of the said sub-section (1) remains unpaid, the landlord may, in addition to any remedy provided by law for the recovery of such arrears, apply to the Collector for the recovery of such arrears by distraining while in the possession of the cultivator

(a) any crops or other products of the earth standing or ungathered on the holding;

(b) any crops or other products of the earth which have been grown on the holding and have been reaped or gathered and are deposited on the holding or on a threshing-floor or place for treading out grain, or the like, whether in the fields or within a homestead.

(2) The Collector shall, in disposing of any application made to him under sub-section (1), follow, as far as may be, the procedure laid down in Chapter XII of the Bihar Tenancy Act, 1885.

REDUCTION OF ARREARS OF RENT

Notwithstanding anything to the contrary contained in any law,

(a) where the rent of an occupancy-holding has been settled or reduced under Section 112 or clause (a), (b), or (d), (e) of sub-section (1) of Section 112-A of the Bihar Tenancy Act, 1885 or under Section 85 of the Chota Nagpur Tenancy Act, 1908 or any other provision of the said Chota Nagpur Tenancy Act, 1908 relating to the settlement or reduction of rent, a landlord shall not, in any suit or proceeding instituted before or after the date on which this Section comes into force, be entitled to recover from the raiyat of such holding any arrears of the rent of such holding in respect of the years covered by such suit, of proceeding at a rent in excess of the rent so settled or reduced, whether settled or reduced:

Provided that nothing in this clause shall effect the landlord's right to recover rent as enhanced under any of the provisions of the Bihar Tenancy Act, 1885 or the Chota Nagpur Tenancy Act, 1908 at any time after the commencement of this Act;

(b) if the rent of an occupancy-holding has not been settled or reduced under Section 112 or 112-A of the Bihar Tenancy Act, 1885 or under Section 85 of the Chota Nagpur Tenancy Act, 1908 or any other provision of the said Chota Nagpur Tenancy Act, 1908 relating to the settlement or reduction of rent, the landlord of such holding shall not, in any suit or proceeding instituted before or after the date on which this Section comes into force, in respect of the arrears of rent for any period before the 1st day of Aswin. 1345 Fasli corresponding to Aswin Badi 1 of 1994 Sambat, be entitled to recover from the raiyat any arrears of rent due in respect of such holding at an excess of the rent which would have been settled for the holding under clause (a), (b) or (d) of sub-section (1) of the said Section 112-A of the Bihar Tenancy Act, 1885 or under any of the said provisions of the Chota Nagpur Tenancy Act, 1938 if the raiyat had made an application under any of the aforesaid clause of the said Section 114-A of the Bihar Tenancy Act, 1885 or under any of the said provision of the Chota Nagpur Tenancy Act, 1908;

(c) if in any suit or proceeding the claim of a landlord for an arrear of rent due in respect of a holding is reduced in accordance with the provisions of clause (a) or clause (b) of this Section, the landlord shall not, in such suit or proceeding, be entitled to recover any interest on the amount of the arrear as so reduced.

(1) Notwithstanding anything to the contrary contained in any law, where any arrears of rent are due to a landlord in respect of a holding other than a holding referred to in Section 15 for any period ending before the first day of Aswin, 1345 Fasli corresponding to Aswin Badi 1 of 1994 Sambat, the raiyat may make an application to the Collector for the reduction of such arrears.

(2) No application under sub-section (1) shall be entertained unless it is made within a period of one year from the date on which this Section comes into force.

When a raiyat has made an application under sub-section (1) of Section 16, all suits or proceedings instituted before or after the filing of the said application for the recovery of the arrears mentioned in such application shall, on the application of any of the parties, be stayed while the application under the said sub-section is pending before the Collector.

(1) On the receipt of an application under sub-section (1) of Section 16, the Collector shall fix a date for the hearing of the application, and shall forthwith give notice of the application and of the date fixed for the hearing and shall also send along with such notice a copy of the application to the landlord.

(2)(a) If the landlord appears on the date fixed for the hearing and the Collector, after hearing the parties and making such inquiry as he thinks fit, is satisfied that

(i) the raiyat has not paid or tendered to the landlord before the expiry of three months from the date on which this Section comes into force at least ten per centum of the arrears mentioned in the application, or

(ii) the raiyat has not paid or tendered to the landlord or deposited with the Collector along with his application any of the instalments of rent for the holding which have fallen due in the agricultural year in which the application is made, or

(iii) during the period of five years immediately preceding the date on which the application by the raiyat is made under sub-section (1) of Section 16, the raiyat has never paid the rent of the holding except after the institution of a suit by the landlord for the realisation of the arrears of such rent,

the Collector shall dismiss the application.

(b) If the Collector is not satisfied as provided in clause (a), or if the landlord fails to appear on the date of the hearing after due service of notice, the Collector shall admit the application.

(3) If the Collector dismisses the application under clause (a) of sub-section (2), all suits and proceedings stayed in accordance with the provision of Section 17 shall revive.

(4)(a) If the Collector admits an application made under sub-section (1) of Section 16, he may, if after making such inquiry as he thinks fit he is satisfied that the means and circumstances of the raiyat were affected by any fall in prices during the period beginning with the first day of January, 1929, and ending with the thirty-first day of December, 1936, reduce the arrears to such an extent as he considers proper in the circumstances of the case.

(b) In reducing the arrears under this sub-section the Collector shall take into consideration the costs incurred by the landlord in prosecuting any suit or proceeding for the recovery of the arrears mentioned in the application.

(5) In this Section and in Sections 15, 17 and 19 suit includes an appeal.

(1) When the Collector has reduced any arrears of rent under Section 18,

(a) no further steps shall be taken by any Court in any suit or proceeding stayed under Section 17;

(b) the amount of the arrears as so reduced shall be deposited by the raiyat with the Collector within a period of eighteen months from the date of the order of reduction either in one lump sum or in such instalments as may be fixed by the Collector.

(2) Notwithstanding anything to the contrary contained in any law, if the total amount of the arrears mentioned in sub-section (1) is not deposited before the expiry of the period of eighteen months mentioned in clause (b) of sub-section (1), in case such amount is payable in one lump sum, or if any instalment of such arrear fixed by the Collector under clause (b) of sub-section (1) is in arrear, such amount or instalment, shall on application by the landlord to the Collector, be recoverable as an arrear of rent under the Bihar and Orissa Public Demands Recovery Act, 1914, and not by a suit.

In this Chapter proceeding includes an execution proceeding.

MISCELLANEOUS

(1) When the Collector makes an order that any sum payable by a raiyat to a landlord under any of the provisions of this Act may be paid in instalments, such instalments may, at the option of the raiyat, be deposited with the Collector or sent by money-order to the landlord.

(2) Any sum deposited with the Collector by a raiyat under this Act as the amount payable to a landlord and any amount recovered by the Collector under sub-section (2) of Section 19 on behalf of a landlord shall be paid by the Collector to such landlord.

Every order passed by the Collector under this Act shall be final, and no Civil Court shall entertain any suit or application to vary or set aside any decision or order given or passed under this Act.

The Collector shall have power to award costs to party to any proceeding under this Act, and any sum ordered to be paid as costs shall be recoverable from the party by whom it is payable as a public demand under the Bihar and Orissa Public Demands Recovery Act, 1914.

(1) The Collector, when acting under any of the provisions of this Act, shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908, in respect of enforcing the attendance of any person and examining him on oath or affirmation and compelling the production of documents.

(2) The Collector may delegate all or any of his powers under this Act to such person as he thinks fit, and such person shall thereupon be deemed to be a Collector for the purposes of this Act.

(1) The 5[State] Government may make Rules for the purpose of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, the 5[State] Government may make Rules to prescribe

(a) the form of any application under this Act and the particulars to be contained in such application; and

(b) the form of any notice required to be served under this Act and the manner in which such notice shall be served.

1. Governor's assent published in the Bihar Gazette of the 2nd November, 1938.

2. Subs. by A.L.O.

3. Sections 2 to 25 of the Act came into force on the 14th November, 1938, vide Notification No. 7664-R., dated the 12th November, 1938.

4. Subs. by A.L.O.

5. Subs. by A.L.O.