Bihar Land Mutation (Amendment) Act, 2021
[Bihar Act 24 of 2021] [15th December, 2021]
CONTENTS
1. Short Title, Extent and Commencement
2. Amendment in Section 2, of the Bihar Act 23, 2011 3. Amendment in Section 3 of the Bihar Act 23, 2011 4. Amendment in Section 5 of the Bihar Act 23, 2011 5. Amendment in Section 5(5) of the Bihar Act 23, 2011 6. Amendment in Section 6(1) of the Bihar Act 23, 2011 7. Amendment in Section 6(6) of Bihar Act 23, 2011 8. Amendment in Section 7 of Bihar Act 23, 2011
9. Amendment in Section 8 of Bihar Act 23, 2011
An Act to amend the Bihar Land Mutation Act, 2011 (Bihar Act 23, 2011)
Be it enacted by the Legislature of the State of Bihar in the seventy second year of the Republic of India as follows:—
## Section 1. Short Title, Extent and Commencement.—(1) This Act may be called the Bihar Land Mutation (Amendment) Act, 2021.
(2) It shall extend to the whole of the State of Bihar.
(3) It shall come into force from the date of publication in the Official Gazette.
2. Amendment in ## Section 2, of the Bihar Act 23, 2011.—The following sub-Section 28 shall be added after sub-section-(27) of Section 2 of the said Act:—
“The Pre-Mutation Revenue Sketch Map means a verified portion of the revenue map finally published on the basis of Bihar Special Survey and Settlement Act, 2011 and Rules, 2012 which shall be submitted by raiyats to Circle Officer of their region conducting the process of mutation enclosing the petition of mutation. The part of the
land, acquiring interest by raiyats in such map which shall be submitted to the Circle Officer for mutation shall be demarcated clearly with boundary.”
3. Amendment in ## Section 3 of the Bihar Act 23, 2011.—The following sub-sections shall be added after sub-section-(5) of Section 3 of the said Act, 2011:—
“(6) After final publication of Survey Khatian and Revenue Map made in view of provisions mentioned in Bihar Special Survey and Settlement Act, 2011 and Rules, 2012, on the basis of every case of right transfer, the on Scale Map made by the authorised/registered persons by the Government/Empanelled Agency in which authorised part of the land and their boundary are demarcated shall be enclosed with the petition to be filed.
(7) Competent Person/Agency for preparing Pre-Mutation Revenue Sketch Map-A districtwise panel of candidates having diploma/degree in Civil Engineering recognised by AICTE (All India Council for T echnical Education)/UGC/IIT/NIT shall be prepared by the Government for making Pre-Mutation Revenue Sketch Map. The Government may from time to time alter in respect of the eligibility and educational qualification of Competent Person/Agency preparing Pre-Mutation Revenue Sketch Map as per need. The number of candidates to be included in the panel and the process of preparing panel shall be determined by the Government. The fees to be received from the raiyats for preparing Pre-Mutation Revenue Sketch Map by the Persons/Agency selected as such shall also be determined by the Government.
(8) Those establishment/candidates who will be selected for preparation of Pre-Mutation Revenue Sketch Map shall have to keep ETS or other modern equipments approved by the Department for measurement of land and computer/laptop for installing software to be made available in Digital Form by the Department for preparing map. Besides, selected candidates/Agency should have the knowledge of editing Digital Map. Selected Candidates/Agency shall have the responsibility to prepare Sketch Map/on the scale Map applied and to verify the land on spot and will provide necessary co-operation for inter-connectivity of Revenue Offices.
(9) If acquiring interest is found on the basis of different deeds on land by any raiyat in-between Khatian preparation and draft publication and final publication of Revenue Map under Bihar Special Survey and Settlement Act, 2011, the Circle Officer shall initiate action of land mutation on the basis of effective Survey Khatian (Cadestral/ Revisions, whichever effective) under the Bihar Special Survey and Settlement Act, 2011, but after the final publication of Khatian/Map prepared under Special Survey and Settlement Act, 2011 he shall ensure the necessary alteration in the Revenue Map maintained in digital form.”
4. Amendment in ## Section 5 of the Bihar Act 23, 2011.—The following sub-section shall be added after sub-section-(4) of Section 5 of the said Act:—
“4(a) After submitting Pre-Mutation Revenue Sketch Map alongwith the petition for Mutation by raiyats, it shall be inquired by the Revenue Karmachari and Revenue
Officer and after enquiry, whether found right or wrong, it shall be forwarded to the Circle Officer with inquiry report for further action.”
5. Amendment in ## Section 5(5) of the Bihar Act 23, 2011.—Section 5(5) of the act shall be substituted by the following:—
“If the Circle Officer is not satisfied with the inquiry of Revenue Karmachari and Revenue Officer with regard to Pre-Mutation Revenue Sketch Map and Mutation Proposal, he may himself conduct inquiry in such manner as he deems fit and shall record his findings in prescribed manner.”
6. Amendment in ## Section 6(1) of the Bihar Act 23, 2011.—Section 6(1) of the said Act shall be substituted by the following:—
(1) The Circle Officer, on receipt of inquiry report from Revenue Karmachari and Revenue Officer in respect of the Mutation petition and Pre-Mutation Revenue Sketch Map or upon his own inquiry under Section 5(5) of this Act, shall dispose of the mutation case in the prescribed manner after inviting objections in respect of Mutation Proposal and Pre-Mutation Revenue Sketch Map in the manner prescribed from persons having interest in the holding or the part thereof as well as general public in a—
(a) Regular mutation court held in his office; or
(b) In camp courts organised for the disposal of mutation cases of the area where the holding or a part thereof is situated.
(c) On the basis of information for Pre-Mutation Revenue Sketch Map along with online mutation petition through website or transaction through registration of documents relating to transer of land from the offices of registration, the process of disposal of online land mutation shall be done by the Circle Officers of the Circles notified in this behalf. At the time of registration of documents from the offices of registration, Pre-Mutation Revenue Sketch Map shall also be received and after enclosing this with registered documents it shall be made available to the Circle Office for Online Mutation.
7. Amendment in ## Section 6(6) of Bihar Act 23, 2011.—Section 6(6) of the Act, 2011 shall be substituted by the following:—
“The cases in which mutation is allowed with pre-mutation Revenue Sketch Map, the Circle Officer shall issue a correction slip in prescribed form and approved Pre-Mutation Sketch Map and make available copies of correction slip and approved Pre-Mutation Revenue Sketch Map to the petitioner to implement his land mutation order. Alongwith this, after the admission of Mutation and approval of Pre-Mutation Revenue sketch Map, necessary amendment/alteration in digital Revenue Map related to the Bihar Special Survey and Settlement Act, 2011 shall be done in Circle Office.”
8. Amendment in ## Section 7 of Bihar Act 23, 2011.—Section 7(1) of the Act shall be substituted by the following:
“The party aggrieved by the order of the Circle Officer or against Pre-Mutation Revenue Sketch Map approved by the Circle Officer shall appeal to Deputy Collector Land Reforms (DCLR) within 30 days from the date of order/approval.”
9. Amendment in ## Section8 of Bihar Act 23, 2011.—Section 8(2) of the Act shall be substituted by the following:—
“The Party aggrieved by the Deputy Collector Land Reforms (DCLR) Mutation Appeal Suit or Pre-Mutation Revenue Sketch Map being approved shall file an application before the Collector/Additional Collector within 30 days from the date of order/approval for revision.”
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1. Received the assent of the Governor on December 15, 2021 and Published in the Bihar Gazette, Extra., dated 17th Decemebr, 2021, No. 1013.