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REGISTERED No. D 221

The Gazette of India

EXTRAORDINARY

PARTII—Section1

PUBLISHED BY AUTHORITY

No, 4] NEW DELHI, THURSDAY, JANUARY 16, 1968/PAUSA 26, 1890

Separate paging is given to this Part in order that It may be filed

as a separate compilation.

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 16th January, 1369/Pausa 26, 1890 (Saka)

The following President's Acts are published for general informa- tion:—

THE BIHAR LAND REFORMS (VALIDATION) ACT, 1969 No. 2 OF 1969 Enacted by the President in the Nineteenth Year of the

Republic of India An Act to validate certain actions taken under the Bihar Land Reforms Act, 1950

39 of 1968-

In exercise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1968, the President is pleased to enact as follows: —

1. This Act may be called the Bihar Land Reforms (Validation) Short title.

Act, 1969.

Bihar Act XXX of

2. Notwithstanding anything contained in sections 3, 3A and 3B of the Bihar Land Reforms Act, 1950 or any judgment, decree or order of any court to the contrary, all notifications issued, all actions

Validation of certain actions taken under the Bihar.

( 1 7)

Land Reform B Act, 1950.

Bihar Act XX of 1954.

taken or all things done in respect of the vesting of the estates or tenures in the State during the period commencing from the 25th day of September, 1950 and ending with the commencement of the Bihar Land Reforms (Amendment) Act, 1953, shall always be deemed to have been validly issued, taken or done and shall not be called in question merely on the ground of non-compliance or irregular compliance of the provisions of the said sections except the provisions of sub-section (1) of section 3 and sub-section (1) of section 3A of the said Act.

ZAKIR HUSAIN,

President.

Reasons for the enactment

Under the provision of sub-section (2) of section 3 of the Bihar Land Reforms Act, 1950, as it stood prior to its amendment in 1954, a notification vesting an estate or tenure in the State was also required to be published in at least two issues of two newspapers having circulation in the State of Bihar. In certain cases this requirement was not complied with and in others, with lapse of time, some of these newspaper publications were not available. Recently, in the absence of the relevant issues of the newspapers in which these notifications were published in respect of a Zamindari, the Supreme Court has held that the estate has not vested in the State of Bihar. After this finding of the Supreme Court, some cases have been filed against the State Government challenging the fact of vesting on the ground mentioned above.

2. To obviate the above difficulties, it is considered necessary to validate all notifications issued under the Act for the purpose of vesting an estate or tenure in the State, with retrospective effect. Accordingly, this validating legislation is being enacted as a Presi- dent's Act.

3. The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1968 (39 of 1968), has been consulted before the enactment of this measure as t> President's Act.

B, SIVARAMAN,

Secy, to the Govt. of India,

Ministry of Food, Agriculture,

Community Development and Co-

operation (Department of

Agriculture),

THE RANCHI DISTRICT TANA BHAGAT RAIYATS' AGRICULTURAL LANDS RESTORATION (AMENDMENT) ACT, 1969 No. 3 OF 1969 Enacted by the President in the Nineteenth Year of the Republic of India. An Act further to amend the Ranchi District Tana Bhagat Raiyats' Agricultural Lands Restoration Act, 1947.

39 of 1968

In exercise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1968, the President is pleased to enact as follows: —

1. U) This Act may be called the Ranchi District Tana Bhagat

Raiyats' Agricultural Lands Restoration (Amendment) Act, 1969.

Short title and commence- ment.

(2) It shall be deemed to have come into force on the 29th day of

February, 1968-

Amendment of section 4 of Bihar Act II of 1948.

2. For the proviso to sub-section (4) of section 4 of the Ranchi District Tana Bhagat Raiyats' Agricultural Lands Restoration Act, 1947, the following proviso shall be substituted and shall be deemed always to have been substituted, namely: —

"Provided that no proceedings shall be initiated under sub- section (1) or sub-section (4) after the 31st day of March, 1970.".

ZAKIR HUSAIN,

President.

V. N. BHATIA,

Secy, to the Govt- of India.

Reasons for the enactment

During the freedom struggle, the Tana Bhagat Raiyats of Ranchi District participated in the 'No Rent Campaign' and were penalised by the British Government by sale of their agricultural lands in execution of various decrees for arrears of rent. The Ranchi District Tana Bhagat Raiyats¹ Agricultural Lands Restoration Act, 1947 was enacted with a view to restoration of the agricultural land to Tana Bhagat Raiyats. The period prescribed in the said Act for initiating proceedings for such restoration expired on 29th February, 1968. At present a number of cases are still pending for disposal and if the period is not extended, it will not be possible to dispose of these cases. This, enactment seeks to extend the period up to 31st IVferch, 1970,

2. The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1963 (39 of 1968) has been consulted before the enactment of this measure as a President's Act.

B, SIVARAMAN,

Secy, to the Govt- of India

Ministry of Food, Agriculture,

Community Development and Co-

operation (Department of

Agriculture).

PRINTED IN INDIA BY THE GENERAL MANAGER, GOVERNMENT OF INDIA J H E S s, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE MANAQER OF PUBLICATIONS, DELHI, 196?