Ranchi District Aboriginal Raiyats’ Agricultural Lands Restoration Act, 1947
No: 11 Dated: Jan, 23 1948
THE RANCHI DISTRICT ABORIGINAL RAIYAT’S AGRICULTURAL LAND RESTORATION ACT, 1947
[Bihar Act 11 of 1948]
An Act to provide for the restoration to a certain class of aboriginal raiyats of certain Agricultural Lands in the district of Ranchi sold for arrears of rent in pursuance of any movement launched or believed to have been launched by the Indian National Congress in any of the years 1930 to 1942.
Whereas it is expedient to provide for the restoration to a certain class of aboriginal ‘raiyats’of agricultural lands in the district of Ranchi sold in execution of decrees for arrears of rent in pursuance of any movement launched or believed to have been launched by the Indian National Congress in any of the years 1930 to 1942;
It is hereby enacted as follows:-
1. Short title.- This Act may be called the Ranchi District Aboriginal ‘Raiyats’Agricultural Lands Restoration Act, 1947.
2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,
(1) “aboriginal raiyat’’ in relation to any agricultural land in the district of Ranchi sold in execution of a decree for arrears of rent means a ‘raiyat’or under-‘raiyat’belonging to a backward tribe as defined in Part III of the Thirteenth Schedule to the Government of India (Provincial Legislative Assemblies) Order, 1936, and claiming the membership of an association commonly known as Tana Bhagats and specified in an order made in this behalf by the Deputy Commissioner within three months from the date of the commencement of this Act as having defaulted the payment of rent in pursuance of any movement launched or believed to have been launched by the Indian National Congress Movement);
(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 Revenueofficer not below the rank of a 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 an aboriginal ‘raiyat’within a separate tenancy and includes a portioned or undivided share in such land;
(5) “Prescribed” means prescribed by rules made under this Act;
(6) “Raiyat”, “Under-raiyat”and “Revenue-officer” 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 work which is an improvement”in relation to a raiyati holding under section 76 of the Bihar Tenancy Act, 1885, (VIII of 1885), shall be deemed to be an “improvement” in relation to a holding for purposes of this Act.
3. Effect of provisions of this Act where inconsistent with other law.- The provisions of this Act shall have effect notwithstanding anything contained in any other law for the time being in force.
4. Procedure for effecting restoration of holdings sold for arrears of rent.- If the holding of any aboriginal raiyat has been sold in execution of a decree for Arrears of rent in any of the years 1930 to 1942 in pursuance of the Congress Movement and if the aboriginal raiyat or, if he is dead, his legal representative-
(a) Applies in the prescribed form and in the prescribed manner to the Deputy Commissioner within twelve months from the date of the commencement of this Act for the restoration of such holding to his ownership and possession, and
(b) Deposits with the Deputy Commissioner within the time allowed by him such sum as may be determined by him having regard to the amount for which the holding was sold to the auction-purchaser or alienated to the person in possession of the holding either in whole or in part by means of a bonafide transfer for valuable consideration and the amount of any compensation for improvements effected to the holding which the Deputy Commissioner may deem fair and equitable
The Deputy Commissioner shall make an order in writing restoring such holding to the ownership and possession of such aboriginal raiyat or, as the case may be, of his legal representative:
Provided that the Deputy Commissioner before making an order this section shall make an enquiry in the prescribed manner after giving the parties interested a reasonable opportunity of being heard.
5. Effect of order for restoration of land.- When the Deputy Commissioner makes an order under section 4 restoring any holding or land sold to the ownership and possession of aboriginal raiyat or his 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 aboriginal raiyat or his legal representative, the Deputy Commissioner may of his own motion, and shall, on the application of the aboriginal raiyat or his legal representative, eject such person and place such aboriginal raiyat or, as the case may be his legal representative in possession of the holding or land sold;