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

 

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

 

Bihar Act 1 of 1948 
 

This Act received the assent of Governor-General on the 30th December, 1947 and published in Bihar 
 

Gazette (extra-ordinary) dated 23.1.1948. 
 

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 [xxx] 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 [xxx] in any of the years [1913] to 1942; 

It is hereby enacted as follows :- 
 

1. Short title. - This Act may be called the Ranchi District [Tana Bhagat] Raiyats' Agricultural Lands 
 

Restoration Act, 1947. 
 

2. Definitions. - 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,  means  a raiyat  or under  raiyat  who  defaulted  in 

payment  of  arrears  of  rent  or  any  decree  for  such  arrears  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 a 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 (Bengal Act VI of 1908); and 
 

(7) any word which is an "improvement" in relation to a raiyat 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. - (1) If the holding of 

any Tana Bhagat raiyat has been sold in execution of a decree for arrears of rent due to the default, in 

payment  of such arrears  or decree,  made by such raiyat in pursuance  of any freedom  movement 

launched  or  believed  to  have  been  launched  in  any  of  the  years  1913  to  1942,  the  Deputy 

Commissioner shall, on an application made in the prescribed form and in the prescribed manner by 

the Tana Bhagat raiyat or if he is dead, his legal representative or any other person duly authorised in 



 

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this behalf by such Tana Bhagat raiyat or his legal representative, for the restoration of such holding to 

the  ownership  and  possession  of  the  Tana  Bhagat  raiyat  or,  as  the  case  may  be,  his  legal 

representative,  make  an  inquiry  in  the  prescribed  manner  after  giving  the  parties  interested  a 

reasonable opportunity of being heard.] 

(2) If after the inquiry under sub-section (1), the Deputy Commissioner is satisfied about the claim of 

such Tana Bhagat raiyat or his legal representative  he may require him to deposit 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, in any of the ways 

specified in sub-section (2) of Section 6, to the person in possession of the holding, either in whole or in 

part, for valuable consideration and the amount of any compensation for improvements effected to the 

holding which the Deputy Commissioner may deem fair and equitable. 

(3) If the Tana  Bhagat  raiyat  or, as the case  may  be, his legal  representative  makes  the deposit 

required under sub-section (2), the Deputy Commissioner shall make an order in writing restoring the 

holding to the ownership and possession of such Tana Bhagat raiyat or his legal representative. 

(4) Notwithstanding anything contained in sub-section (1), the Deputy Commissioner may, on receipt of 

any information, or on his own knowledge, that the holding of any Tana Bhagat raiyat has been sold in 

execution of a decree for arrears of rent for the reasons stated in sub-section (1), initiate of his own 

motion proceedings  for restoration  of such holding  to the ownership  and possession  of such Tana 

Bhagat raiyat or, if he is dead, to his legal representative and thereupon the provision of sub-section 

(1), (2) and (3) shall apply mutatis mutandis to such proceedings: 

Provided that no proceedings shall be initiated under sub-section (1) or subsection (4) [after the 31st 

day of March, 1962.] 

Explanation. - In this section- 
 

(i) "parties interested" means the auction-purchaser  of the holding or any person who may be in 

possession  of such  holding  by alienation  in any  of the ways  specified  in sub-section  (2) of 

Section 6, and 
 

(ii) "holding", includes a portion of a holding. 
 

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 [a Tana Bhagat] 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 [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], 

6. Manner of payment of compensation  for land restored.  - (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 thereof 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. 



 

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(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 bona fide sale or exchange for valuable consideration, 

(ii) a bona fide 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 person 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 bona fide 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. 
 

7. Appeals. - (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. 

8. Exclusion of jurisdiction of Civil Court and High Court. - 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. 

9. Power of Deputy Commissioner  in emergency.  - [repealed  by Section 6 of Bihar Act XVIII of 
 

1956.] 
 

10. Power to make rules. - (1) 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.