Act24
Enacted 2011

The Bihar Special Survey and Settlement Act, 2011

In force 28 sections Bihar

Act 24 of 2011

Preamble

SY (xvii) des [Bihar Act 24, 2011] The Bihar Special Survey and Settlement Act, 2011 AN ACT PREAMBLE :- (i) Whereas the preparation and maintenance of to-date record of rights is the basic plank on which revenue and land resource management and administration rest; (ii) WHEREAS, experience shows that revisional survey and settlement operations, following conventional methods, in some parts of the State, have been long drawn out, cumbersome and exorbitantly expensive; (iii) WHEREAS, revisional survey operations in Purnea, Katihar, Kishanganj and Araria were carried out from 1952 to 1986; in Muzaffarpur, Sitamarhi, Sheohar and Vaishali from 1959 to 1988; in Saharsa, Madhepura and Supaul from 1962 to 2002 and these operations are still on in Darbhanga, Madhubani and Samastipur since 1965; in Bhojpur, Buxar, Rohtas and Kaimur since 1959; in Gaya, Jahanabad, Arwal, Aurangabad and Nawada since 1965; Bhagalpur and Banka since 1965 and in Patna since 1986; (iv) WHEREAS, the very purpose of a revisional survey and settlement is defeated if the time span on which it is undertaken is as long as reflected in the foregoing; (v) WHEREAS, no revisional survey and settlement since cadastral survey could be carried out in 12 districts in Bihar, namely, Begusarai, Khagaria, Lakhisarai, Sheikhpura, Jamui and Munger in Munger Division; Saran, Siwan and Gopalganj in the Saran Division; East Champaran and West Champaran in the Tirhut Division and Nalanda in Patna Division; (vi) WHEREAS, Continuous Khatian (Register-1B), Khesra Register and Register-II (Tenants' Ledger) supposed to be maintained in the Anchal Offices in an up-to-date manner, have not been maintained as such, and consequently, transfers, successions, mutations, etc., taking place from time to time, have not been reflected therein; (vii) WHEREAS, computerization of land records as sponsored by the Government of India some years ago has not followed a uniform approach; (viii) WHEREAS, in the event of non-synchronisation of data put into the computer with to-date ground realities, there has been a gap between successive claims of title and a reflection of the same through land records; (ix) WHEREAS, modern technology is available to minimize time spent on survey part, while the settlement aspect may be judiciously squeezed without sacrificing quality, transparency and grievance redressal; (x) WHEREAS, land remaining the mainstay of development activities, current title, possession and classification of lands needs to be ascertained conclusively in order that land acquisition operations are not vitiated by unfounded assertions, fraud and fabrication and also that agricultural credit, subsidy, relief and insurance related activities are carried on smoothly. (xi) WHEREAS, digital maps prepared through modern technology need be verified and compared with the maps prepared through conventional methods as well as a ground truthing of the same is necessary, the technically qualified Licensed Surveyors may be assigned with this task. (xii) WHEREAS, in the post - mapping stage, it will be necessary to prepare basis record of rights taking into account the up-to-date title, ownership and possession and other requisite details of land, and the aforesaid technically qualified persons may be assigned with this task on an on-going basis. (xiii) WHEREAS, an in-built computerized and digital system of the maintenance of the Record of Rights including maps in a sine-qua-non for all development processes and the aforesaid technically qualified persons may be assigned with this task on a regular basis. Be it enacted by the Legislature of the State of Bihar in the Sixty Second year of the Republic of India as follows-

Sections

Type to filter. 28 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions
  3. 3Notification of intention in the official gazette
  4. 4Re-organizing on-going survey operations
  5. 5Self declaration by land holders
  6. 6Kistwar by modern technology
  7. 7Constitution of khanapuri parties and the preparation of the draft record of rights
  8. 8Publication of the draft khanapuri record of rights
  9. 9Inviting objections to the khanapuri record of rights
  10. 10Work during recess
  11. 11Final publication of the record of rights
  12. 12Presumption of final publication and correctness of record of rights
  13. 13Consolidation to follow special survey & settlement
  14. 14Maintenance of records in digital form
  15. 15Granting of license and enrolment
  16. 16Duties of the licensed surveyors
  17. 17Distribution of work among licensed surveyors
  18. 18Fees & Remuneration
  19. 19Cancellation of license
  20. 20Act to override other laws
  21. 21State to be a necessary party in certain cases
  22. 22Summary disposal of proceedings
  23. 23Bar of Jurisdiction until final publication
  24. 24Power to give directions
  25. 25Power to frame technical guidelines
  26. 26Protection of action taken in good faith
  27. 27Power to remove difficulties
  28. 28Power of the Government to make rules

Provenance. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/c0bd9c69-661c-4268-b7cf-07db2a63fa8f.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/f7bca7ef-3bf6-400f-86fc-3a6719d41bcf/content).

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 28 sections of this Act has its own page. This page is not a substitute for legal advice.