The Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Act, 1947

THE RANCHI DISTRICT TANA BHAGAT RAIYATS’AGRICULTURAL LANDS RESTORATION ACT, 1947. [Bihar Act IIof 1948]1

An Act to provide for the restoration to [Tana Bhagat] Raiyats of certain Agricultural Lands in the District of Ranchi sold for arrears of rent in pursuance of any [Freedom movement] launched or believed to have been launched in any of the years [1913] to 1942.

Whereas it is expedient to provide for the restoration to [Tana Bhagat] raiyats of agricultural lands in the district of Ranchi sold in execution of decrees for arrears of rent in pursuance of any Freedom movement launched or believed to have been launched in any of the years [1913] to 1942;

It is hereby enacted as follows:-

This Act may be called the Ranchi District Tana Bhagat Raiyats Agricultural Lands Restoration Act, 1947.

In this Act, unless there is anything repugnant in the subject or context, (1) "Tana Bhagat raiyat" in relation to any agricultural land in the district of Ranchi sold in execution of a decree for arrears of rent, of rent or any decree for such arrear in pursuance of any freedom movement launched or believed to have been launched in any of the years 1913 to 1942; (2) "decree" includes a certificate issued under the Bihar and Orissa public Demands Recovery Act, 1914 (B.&O. Act IV of 1914); (3) "Deputy Commissioner" means the Deputy Commissioner of Ranchi or any officer not below the rank of a sub-Deputy Collector who is specially empowered by the Deputy Commissioner to discharge any of the functions of the Deputy Commissioner under this Act; (4) "holding" means a parcel or parcels of land held by a Tana Bhagat raiyat within separate tenancy and includes a portion or undivided share in such land; (5) "prescribed" means prescribed by rules made under this Act; (6) "raiyat" and "under-raiyat" shall have the same meanings as respectively assigned to them in the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908); and (7) Any word which is an "Improvement" in relation to a raiyat holding under section 76 of Bihar Tenancy Act, 1885 (VIII of 1885), shall be deemed to be an improvement in relation to a holding for purposes of this Act.

The provision of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.

When the Deputy Commissioner makes an order under section 4 restoring any holding or land sold to the ownership and possession of his a Tana Bhagat raiyat legal representative, such order shall have effect from such date as may be fixed by the Deputy Commissioner and if on or before that date, the person in possession of the holding or land sold has not yielded possession thereof to such Tana Bhagat raiyat or his legal representative, the Deputy Commissioner may of his own motion and shall on the application of the Tana Bhagat raiyat or his legal representative, eject such person and place such Tana Bhagat raiyat or as the case may be his legal representative in possession of the holding or land sold and the Deputy Commissioner may for that purpose use such force as may be necessary.

(1) If the auction-purchaser of any holding or land in respect of which an order under section 4 has been made has not alienated the whole or any part of the holding or land purchased by him and is in possession there of the amount deposited with the Deputy Commissioner under sub-section (3) of section 4 shall be paid to him on his application and in the prescribed manner. (2) If the auction-purchaser of such holding or land has alienated the same or any part thereof prior to the date of the order under section 4 the amount deposited with the Deputy Commissioner under sub-section (3) of section 4 shall be paid on the application of the person entitled to payment under this sub-section and in the prescribed manner,- (a) in the case of alienation by means of- (i) a bonafide sale or exchange for valuable consideration, (ii) a bonafide gift by a registered instrument, or (iii) A usufructuary mortgage to the person in possession of the holding or land sold or, if more than one persons are in possession thereof, to all such persons in such proportions as the Deputy Commissioner may deem fair and equitable (b) in the case of alienation by means of a bonafide lease for valuable consideration, to the auction-purchaser and in possession of the holding or land sold, in such proportions as the Deputy Commissioner may deem fair and equitable.

(1) An appeal shall lie from an order passed under section 4. (i) if such order is passed by an officer other than the Deputy Commissioner, to the Deputy Commissioner (ii) if such order is passed by the Deputy Commissioner to the Commissioner, And the decision of the Deputy Commissioner or of the Commissioner on any such appeal shall be final. (2) Appeals under this section shall be heard and disposed of in accordance with the prescribed procedure.

Neither the High Court nor any Civil Court shall have jurisdiction in any matter which the Deputy Commissioner is empowered to dispose of under this Act and the order of the Deputy Commissioner under any provision of the Act shall subject to the provisions of section 7 be final and shall not be questioned in any Court.

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(a) The State Government may make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters namely:- (a) The form of the application made under sub-section (1) of section 4; (b) The manner in which a Tana Bhagat raiyat or his legal representative is to apply to the Deputy Commissioner under sub-section (1) of section 4; (c) the procedure for enquiries for the purposes of section 4; (d) the manner in which the payments referred to in section 6 are to be made; (e) the procedure to be followed in hearing and disposing of appeals under section 7; (f) the manner in which the net income, if any, derived from the holding or land referred to in section 2 shall be disposed of; and (g) Generally, any matters incidental to the purposes of this Act.