Chapter II Chapter II

Vesting of Bettiah Raj Properties

Vesting.–

1. (1) All the existing properties, to the knowledge of the Court and being looked after by the Court, of the Bettiah Raj, located in or outside the State of Bihar, whether movable or immovable, shall stand vested with the State Government from the date on which this Act comes into force.
2. (2) The State Government, consequent upon vesting, shall issue a notification, to be published in the Official Gazette, to this effect, Provided that, the State Government shall give details of all such lands and properties, so vested, in the Notification.
3. (3) The Properties once vested with the State Government cannot be subject to any succession under any Law and all ongoing disputes, suits or proceedings relating to succession pending before any Court of law on the date of commencement of this Act shall stand abated.
4. (4) The Court of Wards, consequent upon vesting, shall hand over all the papers, documents, records, maps and all relevant information to the concerned Collector of the districts where the properties of Bettiah Raj are located.

Of Leases etc.- All existing leases or the existing privileges upon the lands and properties of the Bettiah Raj Properties shall stand extinguished from the date of such notification.

Consequences of vesting in the State.–

1. (1) All Bettiah Raj properties vested in the State under this Act shall be free from all encumbrances and shall be exempt from attachment, seizure or sale in execution of decree of a Civil Court or orders of any other authority and any proceeding or suit pending before any Court of law on the date of commencement of this Act shall stand abated.
2. (2) Bettiah Raj Properties or tenure, including the interests of the proprietor, whatsoever, in such properties or tenure including premises used primarily as office for the collection of rent of such Properties or tenure, and his interests in trees, forests, fisheries, jalkars, hats, bazars, melas, and ferries and all other sairati interests, as also his interests in sub-soil, lands held in khas possession (excluding the interests of raiyats or under-raiyats) and homestead shall, with effect from the date of vesting, vest absolutely in the State, free from all encumbrances;
3. (3) All salami, rents, cess, royalties and revenues in respect of lands comprised in Bettiah Properties or tenure on or after the date of vesting shall be payable to the State and any payment made otherwise shall not be binding on the State;
4. (4) All arrears or revenue and cesses remaining lawfully due in respect of the Bettiah Properties or tenure on the date of vesting and all other amounts recoverable from the lessees, transferees, settlees, occupants of the Bettiah Properties, shall be recoverable by the State Government;
5. (5) All amounts collected or recovered from the lessees, transferees, settlees, occupants of the Bettiah Properties, shall be recoverable by the State Government;
6. (6) No suit shall lie in any Civil Court for the recovery of any amount due from such lessees, transferees, settlees, occupants of the Bettiah Raj Properties, the payment of which is secured by a mortgage of or is a charge on the Bettiah Raj Properties or tenure, and all suits and proceedings for the recovery of any such money, which may be pending on the date of vesting, shall stand abated;
7. (7) No portion of the Bettiah Raj Properties or tenure shall be liable to attachment or sale under processes of any Court and any order of attachment passed in respect of such Properties or tenure before the date of vesting shall cease to be in force;
8. (8) The Collector shall be deemed to have taken charge of Bettiah Raj Properties or tenure, including any institution, religious or secular, of any trust or building, along with all its interests; Provided further that the Collector may take direct possession of any property after serving an order in writing to the occupant requiring him to deliver possession or show cause within a time specified in the aforesaid order. If such person fails to deliver possession or show cause or if the cause is rejected by the Collector, after giving to such person an opportunity of being heard, the Collector, for reasons to be recorded in writing, take or cause to be taken, such steps, or use or cause to be used such force as deemed necessary, for taking delivery of possession of the property concerned.

Special Officer.-

1. (1) The State Government may appoint Special Officer in each District of Bihar to assist the Collector in achieving the objectives of this Act and performing various functions indicated in this Act and the Rules made thereunder.
2. (2) The Special Officer shall discharge such functions as mentioned in this Act and shall function under direct control and supervision of the Collector.

Hearing of Objections etc.–

1. (1) Any person, consequent upon said Notification under Section 3, may file an objection before the Special Officer within 60 days.
2. (2) The Special Officer shall hear the objection and dispose it off within 90 days of such filing.
3. (3) The Special Officer, while hearing such an objection, shall issue notices to all concerned and pass a reasoned order, either rejecting or allowing the objection.
4. (4) If the objection is allowed by the Special Officer, the Properties under objection shall be deemed to have been excluded from such Notification. If the objection is rejected by the Special Officer,the properties shall continue to remain part of the notification.
5. (5) Every order passed by the Special Officer shall be placed before the Collector for taking further action as mentioned in this Act. In case, the objections are rejected by the Special Officer, he shall make a request to the Collector to take possession of such property.