The Vesting of Bettiah Raj Properties Act, 2024

Preliminary

Short Title and Commencement:-

1. (1) This Act may be called the Vesting of Bettiah Raj Properties Act, 2024.
2. (2) It covers all the properties of the Bettiah Raj.
3. (3) It shall come into force on the day of its publication in the Official Gazette.

Definitions:-In this Act, unless the context otherwise requires,—

1. (1) “The Act” means the Vesting of Bettiah Raj Properties Act (Act 23 of 2024)
2. (2) “Bettiah Raj Properties” means and includes all movable and immovable properties of the erstwhile Raja of Bettiah.
3. (3) “Board of Revenue” means the Board as constituted by the Bihar and Orissa Board of Revenue Act, 1913;
4. (4) “Collector” includes an Officer appointed as such by the State Government to discharge all or any of the function under the Act;
5. (5) “Court” means the Court of Wards as constituted under section 5 of Court of Wards Act 1879;
6. (6) “Notification” means a notification issued under Section 3 of the Act;
7. (7) “Prescribed” means prescribed by rules made under this Act;
8. (8) “Public Demand” means public demand as defined under Bihar & Orissa Public Demands Recovery Act, 1914 (Act 4 of 1914)
9. (9) “Premises” means real Properties, land and the improvements on it, a building, store, shop, hotel, restaurant or such other structure for the purpose of this Act.
10. (10) “Special Officer” means an Officer not below the rank of Additional Collector appointed as such by the State Government.
11. (11) “State Government” means the State Government of Bihar.
12. (12) “Temporary Structure” means any structure which do not require foundation to be erected and are easy to dismantle, very easy to change the configuration of the structure and which cannot be sealed of completely for the purpose of this Act.
13. (13) “Unauthorized Occupant” means any person in possession of the Properties without any lawful instrument of lease or agreement with the Custodian of Bettiah Raj Properties.
14. (14) “Vesting” means vesting of title and possession. It includes all commensurate rights and interests flowing there from and includes right of easement, passage etc.

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.

Identification of Bettiah Raj Properties

Identification of Bettiah Raj Properties.-

1. (1) The State Government may, at any time, on its own or on receipt of any information or otherwise, initiate steps to identify any other Bettiah Raj properties lying hidden from the Court, immovable or moveable, and shall be competent to undertake such extensive survey for that purpose.
2. (2) The State Government may devise such procedures as are required for correct and proper identification of the Bettiah Raj properties.
3. (3) The State Government, after having followed due procedure, shall be competent to issue such supplementary Notifications as required under Section 3 of this Act.

Powers of the Collector

Power of the Collector to take possession.–Consequent upon vesting, the Collector shall have powers to take possession of such lands and properties of the Bettiah Raj.

Power of the Collector to remove encroachments Power of the Collector to remove encroachments.–

1. (1) The Collector shall have powers to remove any encroachment, whether permanent or temporary structures, over the properties mentioned in the Notificationas per the Bihar Public Land Encroachments Act, 1956;
2. (2) The Collector shall have power to evict any occupant of a Bettiah Raj Property and seal the premises if he so desires.

Other powers of the Collector.-With respect to the Bettiah Raj Properties vested in the State Government under this Act, the Collector may:-

1. (i) Take or authorize the Special Officer for taking of such measures as he considers necessary or expedient for preserving such Properties;
2. (ii) Authorize the Special Officer to exercise all or any of the powers of the Collector;
3. (iii) Take such actions to recover the money payable to him including steps to recover the same under the Public Demands Recovery Act, 1914;
4. (iv) Enter into such contracts/agreements as are required for maintenance and preservation of the Bettiah Raj Properties;
5. (v) Incur out of the Properties, any expenditure including the payment of any taxes, duties, cesses and rates to Government or to any local authority and of any wages, salaries, pensions, provident fund contributions to, or in respect of, any employee of the Bettiah Raj;
6. (vi) Manage the Corpus Fund subject to the directions of the State Government;
7. (vii) Make such other payments out of the funds of the Bettiah Raj as may be directed by the State Government;
8. (viii) Fix and collect the rent, standard rent, lease rent, license fee or user charges, as the case may be, in respect of Bettiah Raj Properties;
9. (ix) Secure vacant possession of the Bettiah Raj Properties by evicting the unauthorized or illegal occupant or trespasser and remove unauthorized or illegal constructions, if any;
10. (x) Enter into any Properties for the purposes of inspection;
11. (xi) Seal any Bettiah Raj Properties after giving reasonable opportunity to the occupant to vacate on his own;
12. (xii) By notice in writing, require any person whom he believes to be capable of giving information concerning any Bettiah Raj Properties to attend before him at such time and place as may be specified in the notice and examine any such person concerning the same, reduce his statement to writing and require him to sign it;
13. (xiii) By notice in writing, require any person whom he believes to have in his possession or control any account book, letter book, invoice, receipt or other document of whatever nature relating to any Bettiah Raj Properties, to produce the same or cause the same to be produced before him at such time and place as may be specified in the notice and to submit the same to his examination and to allow copies of any entry therein or any part thereof to be taken by him;
14. (xiv) Hire any law firm, law officers, legal professionals or lawyers to defend, represent and fight cases, suits, proceedings at such a remuneration as may be fixed by the State Government;
15. (xv) Hire amins, surveyors, field retainers, accounting professionals, chartered accountants and such other skill-based manpower as are essential to fulfill the objectives of this Act;
16. (xvi) Establish an Asset Management Unit in his office for the purposes of inventory management & preservation of all moveable and immoveable Bettiah Raj Properties.

Power to recover money in matters sub-judice.-It shall be lawful for the Collector to collect or recover money from such properties also as are under dispute or are sub-judice in a court of law.

Management & Disposal of Bettiah Raj Properties

Management of Bettiah Raj Properties.-

1. (1) The State Government shall take such steps as are essential for management and preservation of the Bettiah Raj Properties vested in it.
2. (2) The State Government may devise such rules and procedures as are required for proper management and preservation of the Bettiah Raj properties.
3. (3) The State Government may, give all or any of its powers to the Collector in the interest of better management of the Bettiah Raj properties and for such period as it deems fit.
4. (4) Any money payable by the lessees of Bettiah Raj or any other person to the Court or the Collector before the commencement of this Act shall be paid to the Collector regardless of the expiry of any Act/Rules under which such monies were payable.
5. (5) All income, before and after the commencement of this Act, from the Bettiah Raj properties is recoverable as public demands under the Public Demands Recoveries Act, 1914 (Act 4 of 1914).
6. (6) The Collector shall deposit all the income received from the Bettiah Raj properties into such account as directed by the State Government. However, the State Government may, by a special order, allow him to retain a specific percentage of the Income received and be kept in a Corpus Fund for management and preservation of the Bettiah Raj properties/structures, particularly those having historical or archeological importance.

Disposal of Bettiah Raj Properties Disposal of Bettiah Raj Properties.–The State Government may, by general or special order, direct that any or all of the Bettiah Raj properties vested in it under this Act shall be managed, sold, confiscated, taken over or disposed off in such manner as may be prescribed.

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.