The Chhattisgarh Vas-sthan Dakhalkar (Bhumiswami Adhikaron ka Pradan Kiya Jana) Adhiniyam, 2003

Short title, extent and commencement

1. (1) This Act may be called the Chhattisgarh Vas-sthan Dakhalkar (Bhumiswami Adhikaron ka Pradan Kiya Jana) Adhiniyam, 2003.
2. (2) It extends to the whole of the State of Chhattisgarh.
3. (3) It shall come into force from 21st of May, 2003.

Definitions In this Act unless the context otherwise requires,—

1. (a) “agricultural land” means any land in non-urban area used for the purpose of agriculture;
2. (b) “authorised officer” means a Sub-Divisional Officer or any other Assistant Collector or Deputy Collector specifically authorised by the Collector in his behalf to exercise the powers of the authorised officer for such area as may be specified;
3. (c) “dwelling house” includes a hut;
4. (d) “homestead” means a dwelling-house situated on or appurtenant to an agricultural land which is complete in itself and is not shared with any person other than a person belonging to the same family and includes any courtyard, compound, garden, place of worship, family grave-yard, tank, well, privy, latrine, drain and boundary wall appurtenant to or appertaining to such dwelling house and in actual physical possession of the landless-person on the 21st day of May, 2003;
5. (e) “landless person” means a person or any of his family members who do not hold any land or dwelling house;
6. (f) “family” means wife, son, daughters, any lineal descendant of any son or daughter and a relation by blood or marriage dependant upon such landless person; words and expressions used in this Act but not defined shall have the meaning assigned to them in the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959) (hereinafter referred to as Land Revenue Code).

Homestead in possession of landless person to be held by Bhumiswami rights

1. (1) In any non-urban area, homestead occupied by a landless person in or appurtenant to any agricultural land on the 21st day of May, 2003 shall on the said date be deemed to have vested in him Bhumiswami rights provided he had been in possession thereof for one year or more prior to that date.
2. (2) On such vesting of the homestead in the landless person, the original Bhumiswami holder shall cease to be a Bhumiswami of the area comprised in the homestead.

Restoration of possession. If such a Bhumiswami occupied of a homestead is dispossessed otherwise than in due process of law, from such homestead or part there of, the authorised officer shall, on an application made by the said occupant of the homestead, within six months from the date of eviction after following as nearly as may be the procedure laid down under section 250 of the Land Revenue Code, restore his possession and award compensation.

Appeal. Notwithstanding anything contained in section 50 of the Land Revenue Code, an appeal against the order passed by authorised officer shall lie to the Collector and order of the order passed by the Collector shall be final except that the Board of Revenue may at any time on its own motion or on an application made by any party for the purpose of satisfying itself as to the legality or propriety of any order passed by the authorised officer, or as to the regularity of the proceedings of the authorised officer call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it may think fit: Provided that—

1. (i) no application for revision shall be entertained against an order appealable under this Act;
2. (ii) no such application shall be entertained by the Board of Revenue after the date of the order and in computing the period aforesaid, time requisite for obtaining a copy of the said order shall be excluded;
3. (iii) no order shall be varied or reversed in revision unless notice has been served on the parties interested and opportunity given to them of being heard.

Revision

1. (i) The Board of Revenue may at any time on its own motion or on the application made by any party for the purpose of satisfying itself as to the legality or propriety of any order passed by the Collector, or as to the regularity of the proceedings of the authorised officer call for and examine the record of any case pending before, or disposed of by such officer and may pass such order in reference thereto as it may think fit:
2. (ii) The application for revision under this section shall be made within 60 days from the date of the order and in computing the period of 60 days aforesaid, time requisite for obtaining a copy of the said order shall be excluded;
3. (iii) No order shall be varied or reversed in revision unless notice has been served on the parties interested and opportunity given to them of being heard.

Exemption from Court Fees Act, 1870 Notwithstanding anything contained in the Court Fees Act, 1870 (No. 7 of 1870), every application or memorandum of appeal, or an application for revision under this Act, shall bear a court fee stamp of Rs. 10 and the copy of the order passed by the authorised officer or Collector shall be granted free of cost.

No Civil Court shall have jurisdiction to entertain any suit or try any dispute or pass any interim injunction, in a matter for which the decision of which the specific forum and procedure has been prescribed by this Act.

(1) The State Government may make rules to carry out all or any of the purposes of this Act.

(2) Any rules made under this Act shall be laid on the table of the Legislative Assembly.