Chapter VI Chapter VI

Miscellaneous

Appeals and Revision.–

1. (1) All orders passed by the Special Officer under Section-7shall be appealable before the Collector within 30 days from the date of order. The Collector shall dispose of such appeals within next 30 days.
2. (2) All such orders passed by the Collector shall be subject to revision before the Board of Revenue at any time within 30 days from the date of the order.
3. (3) The Board of Revenue shall dispose off such revision application within 60 days of such filing.

Powers of the Board.–

1. (1) With a view to achieve the objectives of this Act and for proper management/monitoring of Bettiah Raj Properties, a Committee within the Board shall be constituted as under:-
   • (i) Chairman-Cum-Member, Board of Revenue - Chairman
   • (ii) Additional Chief Secretary/Principal Secretary, Department of Revenue and Land Reforms - Member
   • (iii) Additional Chief Secretary/Principal Secretary, Department of Finance - Member
   • (iv) Collectors of the Districts where Bettiah Raj Properties are located - Member
   • (v) Secretary, Board of Revenue - Member-Secretary The Chairman shall be competent to invite any other person or officer to this Committee. The Committee shall meet at least once in three months.
2. (2) The above Committees shall also have the powers.– a) To reduce or waive the lease or license charges or any other fee/duty/penalty payable under this Act or dues outstanding before the coming of force of this Act; b) To levy,enhance,reduce, fix all types of receivables under the lease or otherwise; c) To liaise with the Board of Revenue of the State of UP with respect to properties of Bettiah Raj located in UP.
3. (3) The Committee shall exercise such other powers and responsibilities as are entrusted to it by the State Government.

Power of the State Government to make rules.–The State Government may, by notification, in the Official Gazette, make rules, not inconsistent with the provisions of this Act, to carry out the purposes of this Act.

Officers to be Public Servants.-All officers and persons empowered to exercise any powers or to perform any functions under this Act shall be deemed to be public servants within the meaning of sub-section 28of section-2 of the Bhartiya Nyaya Sanhita, 2023 (Act 45 of 2023).

Barring of Suits etc.-No suit, prosecution or other legal proceeding shall lie, against the State Government, the Court or the Collector or any other officer acting on behalf of the Collector or the State Government, for anything which is done in good faith or intended to be done under this Act.

Bar to Jurisdiction.-No court shall have jurisdiction to order divestment from the State Government of Bettiah Raj Properties vested in it under this Act.

Orders to be Final.-Save as otherwise expressly provided under this Act, every order made by the State Government, the Board, the Court or the Collector,the Special Officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding and no injunction shall be granted by any court in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Act to have overriding effect.-

1. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
2. (2) The preservation and management of Bettiah Raj Properties in all respect shall be governed only by the provisions of this Act and by no other State Act relating to land revenue or rent control matters.

Powers of the State Government to issue directions.—Notwithstanding anything contained in the Act, the State Government may, in public interest, issue any direction to the Board of Revenue, the Court or the Collector or his subordinate officers in order to enforce the provisions of the Act.

Saving.-

1. (1) Every order, notification, rule, regulation or procedure which was made under the Court of Wards Act,1879(Bengal Act 9 of 1879) or Bihar & Orissa Board of Revenue Act, 1913 (Bihar & Orissa Act 1 of 1913)or by the State Government or by the Board or by the Court or by the Collector, relating to Bettiah Raj Properties and which was in force immediately before the expiration thereof shall, in so far as such order is not inconsistent with the provisions of this Act, be deemed to continue in force and to have been made under this Act.
2. (2) Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority, any transfer of any Bettiah Raj Properties, vested in the State Government by virtue of any order of attachment, seizure or sale in execution of decree of a civil court or orders of any tribunal or other authority, shall be deemed to be null and void and notwithstanding such transfer, continue to vest in the State Government under this Act.

Power to remove difficulty.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act the State Government may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty.
2. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of State Legislature.