Preliminary Preamble

       (Bihar Act 23 of 2011)
       Preamble: - An Act to provide for regulating the process of mutation of land and making it concomitant with the needs of present time.
Be it enacted by the Legislature of the State of Bihar in the sixty second year of the Republic of India as follows :-

Legal Commentary on Bihar Land Mutation Act, 2011 - Section: Preliminary

Introduction

The Bihar Land Mutation Act, 2011, is a legislative framework enacted to regulate the process of land mutation in the state of Bihar. It aims to streamline land transfer entries, ensure transparency, and reduce disputes related to land ownership and transfer. The preliminary section lays down the foundational aspects including the short title, extent, and commencement of the Act [PRSIndia.org].

What does Section Says

The Preliminary section of the Bihar Land Mutation Act, 2011, primarily defines the short title of the Act, its territorial extent across Bihar, and its commencement date. It sets the scope and basic parameters within which the Act operates [India Code].

Essential Ingredients

• Short Title: The Act is called "The Bihar Land Mutation Act, 2011".
• Extent: It extends to the entire state of Bihar.
• Commencement: The date on which the Act comes into force (specific date not provided here but generally specified in the Act).
• Definitions and Scope: Sets the groundwork for understanding key terms and the scope of the legislation [PRSIndia.org].

Scope of Section

The Preliminary section delineates the geographical and operational scope of the Act, ensuring its application uniformly across Bihar. It also provides the legislative authority to regulate land mutation processes, including the definitions of relevant terms related to land transfer and mutation [India Code].

Punishment for Section

The Preliminary section does not specify any punishments as it primarily deals with the title, extent, and commencement. Punishments for violations are typically detailed in subsequent sections of the Act [Indian Kanoon].

Legal Comments

• "Scope" - The section clearly defines the territorial extent of the Act as the entire state of Bihar, establishing its jurisdictional boundaries [India Code].
• "Short Title" - Provides a concise name for the legislation, facilitating ease of reference and legal citation [PRSIndia.org].
• "Commencement" - The Act specifies its date of coming into force, which is crucial for legal enforceability and application [India Code].
• "Legislative Intent" - The preliminary provisions indicate the legislature's intent to regulate land mutation processes comprehensively within Bihar [PRSIndia.org].
• "Legal Framework" - Sets the basis for subsequent detailed rules and procedures for land mutation, ensuring clarity and uniformity [PRSIndia.org].
• "Application Scope" - The extension to the entire Bihar state signifies uniform application, reducing regional disparities in land record management [India Code].
• "Definitions" - Establishes foundational terminology that will be used throughout the Act, aiding in legal interpretation [PRSIndia.org].
• "Legal Clarity" - The preliminary section provides clarity on the Act’s purpose, scope, and authority, which is essential for legal certainty [India Code].
• "Amendments" - The Act includes provisions for amendments, indicating its adaptability to changing land management needs [India Code].
• "Enforcement" - Although enforcement mechanisms are not detailed here, the scope set by this section underpins the authority of land officials [Indian Kanoon].
• "Legal Certainty" - By defining the extent and commencement, the section ensures that stakeholders are aware of the applicability and legal timeline [PRSIndia.org].
• "Uniformity" - The comprehensive territorial scope aims to promote uniformity in land mutation procedures across Bihar [India Code].
• "Legal Hierarchy" - Serves as the foundational section, establishing the legal hierarchy for subsequent rules and regulations [PRSIndia.org].
• "Procedural Foundations" - Lays the groundwork for procedural rules related to mutation, which are elaborated in later sections [CourtKutchehry].
• "Legal Certainty" - The clear delineation of scope and commencement enhances legal certainty for landowners and authorities [India Code].
• "Policy Objective" - Reflects the policy objective of transparency and efficiency in land record management [PRSIndia.org].
• "Legal Authority" - The section underscores the legislative authority vested in the state to regulate land mutation [India Code].

Note: The analysis focuses on the preliminary section based on available sources. Detailed provisions, penalties, and procedural rules are addressed in subsequent sections of the Act.

S.1 Short Title, Extent and Commencement

       (1) This Act may be called The Bihar Land Mutation Act, 2011.
       (2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force on such date as notified by the Government in the Bihar Gazette.

S.2 Definitions

       In this Act, unless there be anything repugnant to the subject or context:-
       (1) "Mutation" means alteration in the entries in the Continuous Khatian, Tenants Ledger and Khesra Register on account of transfer of right of a person in a holding or a part there of by way of any of the following means/instruments :-
       (a) Sale-Purchase,gift,
       (b) Exchange,
       (c) Partition of Holding,
       (d) Inheritance/ succession intestate or testamentary,
       (e) Will,
       (f) Order/Decree of court under Code of Civil Procedure, 1908,
       (g) Order/Decree of court under The Bihar Land Disputes Resolution Act, 20

S.3 Filing of petition for mutation

       (1) A person acquiring interest in a holding or a part thereof by any means/instrument, shall, within 90 days of the acquisition of such interest, file petition in prescribed form before the Circle Officer of the area in whose jurisdiction the holding or a part thereof is situated for mutation of his name in respect of the holding or a part thereof in the Continuous Khatian, Tenants' Ledger Register and Khesra Register.
       [(1A) In such cases in which mutation petition is not filed within 90 maximum days from the date of acquiring interest over that land, delay condonation petition will be enclosed in prescribed form with such mutation petitions mentioning the reasons of delay in filing mutation petition. If delay condonation petition is enclosed with the mutation petitions, the Circle Officer will decide such cases on its merit.
       (1B) Onlin

S.4 Authority responsible for intimation to the Circle Officer regarding acquisition of interest of any person in any holding or a part thereof

       (1) After the registration of any instrument of transfer by way of sale-purchase exchange, partition, gift, or by any other mode of transfer of a holding or a part thereof is complete, the Registering Authority shall give notice of such registration in prescribed form along with a photo copy of the registered deed to the Circle Officer of the area in whose jurisdiction the holding or a part thereof is situated.
       (2) After the possession of a holding or a part thereof has been delivered in the execution of a decree to the decree holder or to a purchaser at court auction/ sale or when a final decree for partition has been passed under the Code of Civil Procedure, 1908 or the Bihar Land Disputes Resolution Act, 2009, the court executing the decree or the court passing the final decree for partition, as the case may be, shall give notice of the fact in the prescribed form to the Circle

S.5 Enquiry and Report in Mutation Cases

       (1) On receipt of petitions for mutation or intimation by authorities about the acquisition of interest in a holding or a part thereof or suo motu if the Circle officer is convinced that there is an acquisition of interest in a holding or a part thereof sufficient to cause for mutation, the Circle Officer shall initiate a mutation proceeding by giving an order for a detailed enquiry report in the prescribed form with regard to the mutation petition from the Karmachari and the Circle Inspector and shall cause the order to be communicated to the Karmachari and Circle Inspector.
       (2) On receipt of the order for enquiry with regard to the mutation petition, the Karmachari shall enquire in the prescribed manner and shall submit the report of the enquiry in the prescribed form to the Circle Inspector.
       (3) On receipt of enquiry report from the K

S.6 Disposal of Mutation cases

       (1) The Circle Officer, on receipt of enquiry report from Karmachari and Circle Inspector in respect of the mutation petition or upon his own enquiry under section 5(5) of this Act, shall dispose of the mutation case in the prescribed manner after inviting objections in the manner prescribed, from persons having interest in the holding or a part thereof as well as general public either in a-
       (a) Regular mutation court held in his office, or
       (b) In camp courts organized for the disposal of mutation cases of the area where the holding or a part thereof is situated.
       (2) On receipt of an objection, the Circle Officer shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard and shall dispose of the objection and pass such order as he deems fit .
&

S.7 Appeal

       (1) An Appeal against the order of the Circle officer shall lie with the Land Reforms Deputy Collector within thirty (30) days from the date of the order appealed against.
       (2) The Land Reforms Deputy Collector may condone the delay in filing appeals provided he is satisfied that there are sufficient reasons for the delay.
       (3) The Land Reforms Deputy Collector shall not pass any order modifying, altering or setting aside the order appealed against unless the concerned parties concerned have been given a reasonable opportunity of being heard.
(4) The time limit for the disposal of a mutation appeal shall be thirty (30) working days from the date of the filing of the mutation appeal.

S.8 Revision

       (1) The Collector/ Additional Collector of the district under this Act may, on an application made to him on this behalf or for the purpose of satisfying himself as to the legality or propriety of any order made under this Act or the rules made thereunder by any officer or authority, call for and examine the records of any case pending before or disposed of by such officer or authority and pass such order as he deems fit.
       (2) An application for revision may be filed before the Collector/Additional Collector of the District by any person aggrieved by any order of the Land Reforms Deputy Collector within 30 days from the date of such order.
       (3) The Collector/Additional Collector may condone the delay in filing the application for revision against an order provided he is satisfied that there are sufficient reasons for the delay.
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S.9 Cancellation of Jamabandi

       (1) The Additional Collector, either suo motu or on an application, shall have the power to make inquiries in respect of any Jamabandi, which has been created in violation of any law for the time being in force or in contravention of any executive instruction issued in this behalf. The Additional Collector, in whose jurisdiction the land is situated, may, after giving reasonable opportunity to the parties concerned to appear, adduce evidence and be heard, cancel such Jamabandi, dispossess the person claiming under it and deliver the possession to the legitimate owner/custodian, on such terms as may appear to the Additional Collector to be fair and equitable.
       (2) The jamabandi shall not be cancelled under sub-section (1) without giving reasonable opportunity to the parties, having interest in that jamabandi, of being heard.
       (3) Any person

S.10 Preparation of Khata Pustika and its supply to tenants on payment of fees

       (1) A Khata Pustika shall be prepared in respect of a tenant's holding in a revenue village in the prescribed manner , and shall be provided to the tenant concerned by the Anchal Adhikari in whose jurisdiction the holding is situated, on payment of such fee and within such time limit as may be prescribed.
       (2) The Khata Pustika shall contain the following particulars-
       (i) relevant extracts of the Continuous Khatian and the Tenant's Ledger Register in respect of the lands held by the tenant,
       (ii) demand and realisation of rent and cesses,
       (iii) loans advanced by Government or other financial institutions together with repayment made.
(3) The Khata Pustika shall be presented by the tenant before the Anchal Adhikari concerned, after every mutation of

S.11 Summary proceeding

All proceedings under this Act shall be summary proceedings.

S.12 Time Limit for Disposal of mutation cases in regular mutation courts

       (1) The time limit for disposal of mutation cases, in which no objection has been received, in a regular mutation Court, shall be twenty-one (21) working days from the date of receipt of the mutation petition, eighteen (18) working days for passing the order and three (03) working days to issue the correction slip.
(2) The time limit for the disposal of mutation cases, in which objections have been received, in a regular mutation court shall be thirty-three (33) working days from the date of receipt of the mutation petition, thirty (30) working days for passing the order and three (03) working days to issue the correction slip.

S.13 Time limit for Disposal of mutation Cases in Camp court

       (1) The time limit for disposal of mutation cases, in which no objection has been received, in a camp Court shall be eighteen (18) working days from the date of receipt of the mutation petition, fifteen (15) working days for passing the order and three (03) working days to issue the correction slip.
(2) The time limit for the disposal of mutation cases, in which objections have been received, in a camp court, shall be thirty-three (33) working days from the date of receipt of the mutation petition in the camp court, thirty (30) working days for passing the order and three (03) working days to issue the correction slip.

S.14 Reasons to be recorded for delay in disposal of mutation petitions

In cases where mutation petitions have not been disposed of within the time limit provided under the foregoing sections, the Circle Officer shall record reasons for the delay in the order-sheet of the case-record which will be subject to scrutiny by the Collector of the District in the prescribed manner.

S.15 Liability for delay in disposal

The onus for the delay in the disposal of mutation cases shall lie with the official concerned responsible for such delay.

S.16 Authorities to have power of civil court

Under this Act the Collector, Additional Collector, the Land Reforms Deputy Collector and the Circle Officer shall have same powers in admission of evidence, making enquiries, summoning and enforcing the attendance of any person and examining him on oaths, compelling the production of documents and award of costs as are vested in the Court under the Code of Civil Procedure, 1908.

S.17 Court Fee

Every petition, memorandum of appeal or application for revision filed under this Act shall bear court-fee stamp of such value as may be prescribed.

S.18 Certified copies and information

Subject to such rules and on payment of such fee as the State Government, may from time to time prescribe in this behalf, information and certified extracts and certified copies of Order Sheets, Correction Slips, Continuous Khatian and Tenants' Ledger shall be given to persons applying for the same in the prescribed form.

S.19 Direction, control and superintendence

The Circle Officer and the Deputy Collector Land Reforms and Additional Collector shall in the performance of their duties and in the exercise of their powers under the Act shall be under the general direction, control and superintendence of the Collector of the District.

S.20 Power to remove difficulties

The State Government may, as occasions may require, by an order not inconsistent with the provisions of this Act, do anything or direct anything to be done to remove difficulties arising in giving effect to this Act.

S.21 Act not to prevail upon other laws

The provisions of this Act shall be in addition to and not in derogation of any of the provisions contained in any other law for the time being in force.

S.22 Power of the Government to make Rules

       (1) The State Government may, by notification, make rules not inconsistent with the provisions of this Act for carrying out all or any of the purposes of this Act.
(2) Every Rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature, while it is in session for a total period of 14 days which may be comprised in one Session or in two successive Sessions and if, before the expiry of the Session in which it is so laid in the Session immediately following, both the Houses agree in making any modification in the Rule or both the Houses agree that the Rule should not be made, the Rule shall thereafter have effect only in such modified form or be at no effect as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that Rule.

S.23 Repeal and Savings

       (1) The Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (Bihar Act 28 of 1975) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in exercise of the powers conferred by or under the said Act shall be deemed to have been done or taken in exercise of power conferred by or under this Act, as if this Act were in force on the day on which such thing or action were done or taken.