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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 6] NEW DELHI, THURSDAY, FEBRUARY 12, 1970/MAGHA 23, 1891

Separate paging la given to this Part in order that it may be filed

as a separate compilation.

MINISTRY OF LAW (Legislative Department) New Delhi, the 12th February, 1970\Magha 23, 1891 (Saka)

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

THE RAJENDRA AGRICULTURAL UNIVERSITY

ACT, 1970

No. 11 OF 1970 Enacted by the President in the Twenty-first Year of the Republic of India. An Act to establish and incorporate University for the development of agriculture, animal husbandry and allied sciences in the State of Bihar.

32 of 1969.

In exercise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969, the President is pleased to enact as follows :—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Rajendra Agricultural University Act, 1970.

Short title, extent and commence- ment.

(2) It shall extend to the whole of the State of Bihar.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(73)

Definitions^ 2. In this Act, unless the context otherwise requires,—

(1) "Academic Council" means the Academic Council of the

University;

(

(2) "agriculture" means the basic and applied sciences of soil and water management, crop production including production of all the garden crops, animal husbandry including veterinary and dairy science, fisheries, home economics, agricultural engineering and technology, marketing and processing of agricultural and animal husbandry produce, land use and management;

(3) "allied science" includes forestry, sericulture, bee-keeping, lac cultivation, social sciences and subjects pertaining to agricultural technology;

(4) "Associate Dean" means the Principal of the College;

(5) "authority" means any authority of the University as speci-

fied in section 9;

(6) "Board" means the Board of Management of the University

as constituted in section 10;

(7) "Chancellor" means the Chancellor of the University;

(8) "college" means a college of the University controlled and

managed by it in accordance with the provisions of this Act;

(9) "Chairman" means the Chairman of the post-graduate

department of the University;

(10) "Comptroller" means the Comptroller of the University;

(11) "Dean" includes Dean of the Faculty and Deans of Post-

Graduate studies;

(12) "Director" includes Director of Research and Director of

Extension Education;

(13) "Extension Education" means the educational activities con- cerned with the training of farmers and home-makers and other groups serving agriculture, animal husbandry and other allied sciences, in improved agricultural practices and the training of workers required for the conduct of these educational activities or for scientific technology related to agriculture, animal husbandry and allied sciences and includes endeavour to work through meetings, demonstrations and other methods for teaching improved agricultural practices and the training of workers required for the conduct of these educational activities;

(14) "Faculty" means a Faculty of the University;

(15) "Head" means the head of the College department;

(16) "hostel" means a place of residence for students of the University maintained or recognised by the University either as a part or separate from a college;

(17) "officer" means an officer of the University as specified in section 18 or any other person in the employment of the University designated as an officer by the Statutes;

(18) "prescribed" means prescribed by Statutes or Regulations;

(19) "Principal" means the head of a College;

(20) "Jlogistrar" means the Registrar of the University;

(21) "Scheduled Castes" means the Scheduled Castes specified in Part III to the Schedule to the Constitution (Scheduled Castes) Order, 1950;

(22) "Scheduled Tribes" means the Scheduled Tribes specified in Part III to the Schedule to the Constitution (Scheduled Tribes) Order, 1950;

(23) "Statutes" and "Regulations" mean respectively the Statutes and Regulations of the University for the time being in force;

(24) "student of the University" means the person enrolled in the University for taking a course of study for degree, diploma or other academic distinction duly instituted;

(25) "teacher" means a person appointed or recognised by the University for the purpose of imparting instruction or conducting and guiding research or extension education and include a person who may be declared by the Statutes to be a teacher;

(26) "University" means the Rajendra Agricultural University established and incorporated under section 3; and

(27) "Vice-Chancellor" means the Vice-Chancellor of the Uni- versity.

CHAPTER II

THE UNIVERSITY

3. (1) There shall be established in and for the State of Bihar a I University by the name of the Rajendra Agricultural University. [

(2) The first Chancellor, Vice-Chancellor, members of the Board of (

Sstablish- T.tru and QcOrpOra- :ion of the University.

Management and the Academic Council and other authorities and officers as set forth in this Act or as provided in the Statutes and all persons who may hereafter become such officers or members or authorities so long as they continue to hold such office or membership, shall constitute a body corporate by the name of the University specified in sub-section (1).

(3) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it for the purpose of the University, and to borrow money from the Central Government, State Government or from any corporate body approved by the State Government and to contract and do all things necessary for the purpose of this Act:

Provided that the University shall not lease, sell or otherwise transfer any immovable property transferred to the University by the State Gov- ernment without prior approval of the State Government.

(4) In all suits and other legal proceedings by or against the Univer- sity, the pleading shall be signed and verified by the law officer appointed from time to time by the University, and all processes in such suits and proceedings shall be issued to and served on such law officer.

(5) The headquarters of the University shall be at such place as the State Government may, by notification in the Official Gazette, specify.

Territorial Jurisdiction,

4. (I) With respect to teaching at the University or College level, research and extension education in the field of agriculture, animal hus- bandry and allied sciences, the territorial jurisdiction and responsibility of the University shall extend to the entire State of Bihar.

(2) The University may assume responsibility for the maintenance of agriculture, animal husbandry and fishery training centres and research and experimental stations and for the programme of training of field ex- tension workers therein and for the establishment, development and operation of Agricultural polytechnics as may be required in various parts of the State.

(3) AH colleges, research and experimental stations, or other institu- tions coming under the jurisdiction and authority of the University shall come in as constituent units of the University under the full management and control of the University officers and authorities and no unit shall be recognised as an affiliated unit.

(4) Notwithstanding anything contained in any other law for the time being in force, no educational institution situated within the State and run by the Government imparting instruction in agriculture and animal husbandry, for bachelors degree and above, shall be associated in any way with or be admitted to any privilege of any other University incorporated by law in India and such privilege granted by any such other University to any educational institution within the State prior to the commencement of the Act, shall be deemed to be withdrawn on the commencement of the Act.

(5) The University shall have exclusive jurisdiction throughout the whole State to provide for instruction, teaching and training in agricul- ture and animal husbandry and notwithstanding anything contained in the law relating to incorporation of any other University in the State, no University shall be competent to provide for instruction, teaching and training in agriculture and animal husbandry in the State.

(6) No University other than the University shall be competent to award any degree for research in agriculture and animal husbandry carried on in the State unless registered for such degree before the estab- lishment of the University.

(7) The University may have collaboration research projects with

other Universities having multi-disciplinary approach.

5. The University shall be established and incorporated for the follow-

ing purposes, namely: —

Objects of the Uni- versity.

(1) making provision for imparting education in different bran- ches of agriculture, animal husbandry, fisheries, forestry, agricultu- ral engineering, home economics and any other allied branches of learning and scholarship, which the University may find necessary to include;

(2) furthering the advancement of learning and prosecution of

research in agriculture and animal husbandry;

(3) undertaking the extension of such sciences specially to the

rural people of the State; and

(4) such other purposes as the University may from time to

time determine.

6. (i) The University shall, subject to the provisions of this Act and the Statutes, be open to all persons:;

Admission to the University.

Provided that nothing in this section shall,—

(a) require the University to admit to any course of study any person who does not meet the prescribed academic standards for . admission or to retain on the rolls of the University persons whose academic records are below the minimum standards required for the award of a degree or whose personal conduct is such as to be pre- judicial to the purposes of the University or to the rights and privi- leges of other students and staff;

(b) be deemed to require the University to admit to any course of study a larger number of students than can be accommodated in the available faculties of the University or in any particular college or department as determined by the Academic Council.

Eoqplanation.—The number of students to be admitted, as deci- ded by the Board, will be in accordance with the demand of the State Government as far as practicable.

(2) Subject to the forgoing provisions, the University shall, accord- Ing to the decision of the Board, reserve in colleges seats for Scheduled Castes, Scheduled Tribes and backward classes, provided that no such person shall be entitled to be admitted to the University unless he meets the standards for admission laid down by the University in respect of such candidates.

7. The University shall have the following powers and functions, namely: —

Powers and functions of the University.

(1) to provide for instruction in agriculture, animal husbandry and other allied branches of learning as the University may deem fit;

(2) to provide for conduct of research in agriculture, animal husbandry and allied branches of learning;

(3) to provide for dissemination of the findings of research and technical information through extension education;

(4) to institute degrees, diplomas and other academic distinc- tions;

(5) to institute courses of study and hold examinations and confer degrees, diplomas, certificates and other academic distinctions on persons who have—

(i) pursued a course of study as prescribed, or (il) carried out research in the University or institution re- cognised in this behalf by the University as may be prescribed;

(6) to confer honorary degrees and other distinctions as may be prescribed;

(7) to provide lectures and Instructions for field workers, far- mers and other persons not enrolled as regular students of the Uni- versity and to grant certificates to them as may be prescribed;

(8) to operate with other Universities and authorities In such manner and for such purposes as the University may determine, subject to the limitations set forth in section 4;

(U) to take over and maintain colleges and hostels relating to agriculture, animal husbandry, fisheries, home economics and agri- cultural engineering;

(10) to maintain laboratories, libraries, research stations and museums for teaching, research and extension education;

(11) to institute teaching, research and extension education posts and to appoint persons to such posts;

(12) to determine qualifications for teachers and to recognise persons as qualified to give instruction in a college or to carry out research and extension education in agriculture, animal husbandry and allied sciences;

(13) to create administrative and other posts and to appoint per- sons, to such posts;

(14) to institute and award fellowships, scholarships and prizes in accordance with the Statutes;

(15) to institute and maintain residential accommodation for students and staff of the University;

(16) to fix, demand and receive such fees and other charges as may be prescribed;

(17) to supervise and control the residence, conduct and disci- pline of the students of the University, and to make arrangements for promoting their health and welfare; and

(18) to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the University.

Visitation and ins- p ection.

8. (1) The Chancellor shall have the right to cause an inspection to be made, by such person or persons as he may direct, of the University, its buildings, laboratories, libraries, museums, workshops and equipments and any institution, college or hostel maintained or administered by the University, of the teaching and other work conducted by the University, or under its auspices and of the conduct of any other functions of the University, and to cause an enquiry to be made in respect of any matter connected with administration and finances of the University.

(2) The Chancellor shall, in every case, give due notice to the Uni- versity of his intention to cause an inspection or enquiry to be made, and the University shall be entitled to appoint a representative who shall have the right to be present and be heard at such inspection or enquiry.

(3) The Chancellor shall communicate to the University the views of the State Government with reference to the results of such inspection or enquiry and may after ascertaining the opinion thereon of the Univer- sity, advise the University upon the action to be taken and fix a time limit for taking such action.

,

(4) The University shall, within the time limit so fixed, report to the Chancellor the action which has been taken or is proposed to be taken on the advice tendered by the Chancellor.

(5) The Chancellor may, where action has not been taken by the University to the satisfaction of the Chancellor within the time limit fixed and after considering any explanation furnished or representations made by the University, issue such directions as the Chancellor may think fit and the University shall comply with such directions.

(6) Notwithstanding anything contained in the preceding sub-sections, if at any time the Chancellor is of the opinion that the affairs of the Uni- versity are not managed in furtherance of the objects of the University or in accordance with the provisions of this Act or the Statutes or regula- tions or the special measures required to maintain the standards of Uni- versity teaching, examination, research or extension, he may indicate to the University any matter in regard to¹ which he desires an explanation, and call upon the University to offer such explanations, within such time as may be specified by the Chancellor, and if the University fails to offer any explanation within the time specified or offers an explanation which, in the opinion of the Chancellor, is unsatisfactory, the Chancellor may issue such instructions as appear to him to be necessary and desirable in the circumstances of the case, and may exercise such powers as he may consider necessary for giving effect to those instructions.

(7) The University shall furnish such information relating to the administration of the University as the Chancellor may require.

CHAPTER III

AUTHORITIES OP THE UNIVERSITY

9. The following shall be the authorities of the University, namely: — Authoritlei of the University.

(2) the Board of Management;

(2) the Academic Council;

(3) the Board of Studies of different Faculties; and

(4) such other bodies of the University as may be declared by the Statutes 'to be the authorities of the University.

10. (1) The Chancellor shall, as soon as may be after the first Vice- Chancellor is appointed under section 20, take action to constitute the Board of Management.

Constitution of the Board of Manage- ment.

(2) The Board shall consist of the following members, namely: —

(i) The Vice-Chancellor;

(ii) Agriculture Production Commissioner;

(in) Financial Commissioner; (iv) Director of Agriculture;

(v) Director of Animal Husbandry;

(vi) Chief Conservator of Forests;

(vii) two eminent agricultural scientists with rich background of agricultural research or education to be nominated by the Chan- cellor;

(viii) two eminent scientists (other than agricultural scientists) and educationists to be nominated by the Chancellor;

(ix) a representative of the Indian Council of Agricultural Re- search;

Or) one crop farmer to be nominated by the Chancellor;

(xi) one live-stock farmer to be nominated by the Chancellor;

and

(xii) a member of the Bihar State University Commission cons- tituted under section 48A of the Bihar State Universities (University of Bihar, Bhagalpur and Ranch!) Act, 1960.

Bihar Act XlVof i960.

(3) The Vice-Chancellor shall be ex officio Chairman and the Registrar the non-member Secretary to the Board.

(4) The term of office of members of the Board, other than ex officio members, shall be three years and a member shall be eligible to serve for more than one term.

(5) In the eventuality of the term of majority of the members of the Board ending almost all at a time rendering it difficult to hold a meeting of the Board in the absence of fresh nomination, the Board under the express permission of the Chancellor may continue to function for a period not exceeding six months at a time.

(6) The members of the Board other than officers of the University shall not be entitled to receive any remuneration from the University except such daily and travelling allowances as may be prescribed.

(7) No officer or other employee of the University shall be eligible to be a member of the Board under clause (vii), clause (x) or clause (xi) of sub-section (2),

11. (1) The Board shall exercise and perform the following powers and functions, namely: —

Powers and duties of the Board.

(a) to review and consider the financial requirements and esti- mates for the University and approve its budget;

(b) to approve the recommendations for appointment of officers, teachers and other staff of the University in the manner prescribed; (c) to provide for the administration of any funds placed at the disposal of the University for the purposes intended;

(d) to arrange for the investment and withdrawal of funds of the University;

(e) to borrow money for capital improvements and make suit- able arrangements for Its repayment;

(f) to provide for accepting, acquiring, holding and disposal of property on behalf of the University;

(g) to direct the form and use of the common seal of the Uni- versity;

(h) to appoint such committees, either standing or temporary, as the Board may consider necessary, and establish the¹ terms of re- ference thereof within the limitations of this Act and the Statutes;

(i) to determine and regulate all policies relating to the Univer- sity In accordance with this Act and the Statutes;

(I) to make provision for instituting and conferring degrees, dip lomas and other academic distinctions;

(m) to provide for institution, maintenance and award of scho- larships, fellowships, studentships, medals, prizes, etc.;

(n) to accept on behalf of the University trusts, bequests and donations;

(o) to meet at such times and in such places as it considers necessary:

Provided that it shall hold regular meetings at least every two months and at least half of such meetings shall be held at some branch of the University; and

(p) exercise such other powers and perform such other duties not inconsistent with this Act or Statutes as may be necessary for carrying out the purposes of the Act; and

(2) The Board may, for purposes of consultation invite any person hav- ing experience or special knowledge on any subject under consideration to attend its meeting. Such person may speak in, and otherwise take part in, the proceedings of such meeting but shall not be.entitled to vote at any such meeting. Any person so invited shall be entitled to such allow- ances for attending the meeting as may be prescribed.

Standing Committees and other committees.

12. (1) For efficient and quick disposal of the business of the Board, the Board may set up one or more Standing Committees or other committees and delegate to them such powers and duties of the Board as the Board may consider fit.

(2) Other authorities of the University shall also have power to appoint committees which may, unless otherwise provided in this Act or Statutes, consist of the members of the authority concerned and such other persons as it may think fit.

The Acade- mic Ctoudl.

13. (1) The Academic Council shall be in charge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, superintend, direct and control and be responsible for the main- tenance of standards of instruction, education, examination and other mat- ters connected with the conferment of degress (including honorary degrees) or award of diplomas and shall exercise such other powers and perform such other duties as may be conferred or imposed on it by the Statutes and shall advise the Vice-Chancellor on a]l academic matters.

(2) The Academic Council shall consist of the following members, namely: —

(i) the Vice-Chancellor who shall be the Chairman;

(ii) the Deans;

(in) the Directors;

(iv) Principals or Associate Deans of colleges;

(v) all Chairmen of Post-graduate Departments;

(vi) three teachers of colleges on terms and conditions prescribed by the Statutes;

Bihai Act XIV of i960. Bihar Act III Of 1962. Bihar Act IV of 1962.

(vii) five teachers having special knowledge or practical experi- ence ir\ respect of subjects basic to agriculture, animal husbandry and other allied sciences, one from each of the Universities, established under the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960, the Patna University Act, 1961 and the Magadh

University Act, 1961 to be nominated by the respective Vice-Chancel- lors, on terms and conditions prescribed by the Statutes;

(viii) the Registrar who shall be the Secretary; and

(ix) such other members as may be prescribed by the Board.

(3) The Academic Council shall have power to co-opt as members two persons having special knowledge or practical experience in respect of subject-matter of any particular business which may come before the Council for consideration and the members so co-opted shall have all the rights of th^ members of the Council in regard to the transaction of the business m relation to which they may be co-opted except the right to vote.

(4) All members of the Academic Council other than ex officio members and members referred to in sub-section (3) shall hold office far a term prescribed by the Statutes.

(5) One-hall' of the number of members of the Academic Council shall form a quorum.

14. (1) The Academic Council shall, subject to the provisions of this Act and Statutes, have general control on teaching and other educational programmes within the University and shall be responsible for the main- tenance of standards thereof.

Powers, functions and duties of the Academic Council.

(2) The Academic Council shall have power to make Regualtions con- sistent with this Act and the Statutes relating to all academic matters subject to its control and to amend or repeal such Regulations.

(3) In particular, and without prejudice in the generality of the fore-

going powers, the Academic Council shall have p o w e r-

ed to advise the Board on all academic matters including the

control and management of libraries;

(ii) to make recommendations for the institution of professorships, associate professorships, readerships, assistant professorships and other teaching posts including posts in research and extension educa- tion and in regard to the duties thereof;

(Hi) to formulate, modify or revise schemes for the constitution or rc-constitution of departments of teaching, research and extension edu- cation;

(?'u) to make Regulations regarding the admission of students to the University, and determine the number to be admitted;

(u) to make Regulations relating to the courses of study leading

to degrees, diplomas and certificates;

(vi) to make Regulations relating to the conduct of examinations and to maintain and promote standards;

(vii) to make recommendations regarding post-graduate teaching, re- search and extension education;

(viii) to make recommendations regarding the qualifications to be prescribed foin teacher:; in the University;

(ix) to recommend to the Board the conferment of honorary degrees; and

(.r) to exercise such other powers and perform such other duties as may be conferred or imposed on H by or under the provisions of this Act,

15\ (1) The University shall have initially the Faculties of Agriculture The Facul- ties.

and Animal Husbandry and as soon as m ay be, it shall also have the Faculties of Basic Sciences and Humanities, and such other Faculties as may be prescribed.

(2) Each Faculty shall comprise such departments of study as may be prescribed by the Statutes.

(3) Each Faculty shall consist of such members and shall have such powers and perform such duties as may be prescribed by the Statutes.

(4) There shall be a Board of Studies of each Faculty, the constitution and powers of which shall be as prescribed by the Statutes.

(5) Each post-graduate department of the University shall have a Chair- man and each college department shall have a Head, whose appointment, powers and duties shall be as prescribed by the Statutes and who shall be responsible to the Dean or the Associate Dean, as the case may be, for the proper organisation and working of the department and shall be res- ponsible to the Directors of Research and Extension Education, respec- tively, for the Research and Extension Education entrusted to his depart- ment.

Provision In relation to membership of authori- ties.

M. (1) Save as otherwise provided in this Act, if any member, other t h an ex offido member, of any authority or other body of t he University is unable by reason of his death, resignation, removal or otherwise to com- plete his full term of office, the vacancy so caused shall, as soon as con- venient, be filled by the appointment, election or co-option, as the case may be, and the person so appointed, elected or co-opted, shall fill such vacancy for the unexpired portion of the t e rm for which the member, in whose place such person is appointed, elected or co-opted, would therewise have continued in office.

(2) The Board may remove any person from membership of any autho- rity or body of the University on the ground that such person has been convicted of an offence involving moral t u r p i t u d e:

Provided that no order for removal shall be passed against any person without giving him an opportunity of being heard.

(3) A person who is a member of any authority or body of the Univer- sity as a representative of another body, whether of the University or not, shall cease to be a member of such authority or body if, before the expiry of the term of his membership he ceases to be a member of that other body by which he was appointed or elected :

Provided that he may continue to hold his office till his successor is appointed or elected, as t he case may be.

(4) Whenever any person becomes a member of any authority or body of the University by virtue of the office held by him, he shall forthwith cease to be a member of such authority or body if he ceases to hold such office before the expiry of the term of his membership:

Provided that he shall not be deemed to have ceased to hold his office merely by reason of his proceeding on leave for a period not exceeding four months.

(5) Any member, other than ex officio members of any authority or body of the University, may resign his office by letter addressed to the Vice-Chancellor.

(6¹) Any officer of the University whether salaried or otherwise, other than Dean or Director, may resign his office by letter addressed to the Vice-Chancellor and such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or on the expiry of three months from the date of the receipt by tha Vice- Chancellor, whichever is earlier.

Validity and protec- tion of certain acts.

17. (1) No act or proceeding of any authority or other body of the University shall be invalid merely by reason of the existence of any vacancy among its members or by reason of some person having taken part in the proceedings who is subsequently found not to have been entitled to do so.

(2) Save as otherwise provided in this Act, all acts and orders in good faith done and passed by the University or any of its authorities shall be final and no suit shall be instituted against or damages claimed from the University or its authority for anything done or purported to be done in pursuance of this Act or the Statutes or the Regulations.

(3) No suit, prosecution or other proceedings shall lie against any officer or other employee of the University for any act done or purported to be done under this Act or the Statutes without the previous sanction of the Board.

(.4) No officer or other employee of the University shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties or in dis- charge of the functions imposed by or under this Act.

CHAPTER IV

OFFICERS

18. The following may be the officers of the University, namely: —

(a) the Chancellor;

Officers Of the Uni- versity.

(b) the Vice-Chancellor;

(c) the Registrar;

(d) the Comptroller;

(e) the Deans;

(f) the Directors; and

(g) such other persons in the service of the University as may

be declared by the Statutes to be the officers of the University.

19. (1) The Governor of the State of Bihar shall be the Chancellor of The Chnnc; lor.

the University.

(2) The Chancellor shall be the Head of the University and shall, when present, preside at the convocation of the University.

(3) Every proposal to confer an honorary degree shall be subject to the confirmation of the Chancellor.

(4) The Chancellor may—

(i) call for any papers for information relating to the affairs of the University; and

(ii) for reasons to be recorded, refer any matter except a matter falling under section 43 for reconsideration to any officer or authority of the University that has previously considered such matter.

(5) The Chancellor may by an order in writing annul any proceeding of the office or authority of the University which is not in conformity with this Act, the Statutes or the Regulations:

Provided that before making any such order he shall call upon the officer or authority concerned to show cause why such an order should not be made and if any cause is shown within the time specified by him in this behalf, he shall consider the same.

(6) The Chancellor shall exercise such other powers and perform such other duties as may be conferred or imposed on him by this Act or the Statutes.

Fhe Vice Chancellor.

20. (i) The Vice-Chancellor shall be a whole-time officer of the Uni- versity who shall bo appointed by the Chancellor out of a panel of names recommended by a Selection Committee consisting of the Chancellor, the Director General of Indian Council of Agricultural Research and Chair- man of the University Grants Commission.

(2) The Chancellor shall be the Chairman of the Selection Committee which may establish its own procedure for assembling names of possible candidates for consideration and for consultation with and receiving sug- gestions from individuals or bodies it considers appropriate.

(3) The Vice-Chancellor shall hold office for a term of three years and shall be eligible for re-appointment for one more term not exceeding three years:

Provided that the Chancellor may allow him to continue in office until hig successor is appointed but this period shall not exceed six months.

(4) The Vice-Chancellor may resign his office by writing under his hand addressed to the Chancellor which shall be delivered to the Chan- cellor ordinarily sixty days prior to the date on which the Vice-Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier and the resignation shall take effect from the date of relief.

(5) In the event of a temporary vacancy in the post of Vice-Chancellor or in his absence on leave or for any other reason, the Chancellor may appoint any officer of the University to perform the duties of the Vice- Chancellor.

(6) If, in the opinion of the Chancellor, the Vice-Chancellor wilfully omits or refuses to carry out the provisions of this Act or abuses the power vested in him and if it appears to the Chancellor that the continu- ance of the Vice-Chancellor in office is detrimental to the interest of the University, the Chancellor may, after consultation with the Board, by order remove the Vice-Chancellor after giving him an opportunity of showing cause against the action proposed to be taken in regard to him.

Powers and duties of the Vlcc- Chanccllor.

21, (I) The Vice-Chancellor shall be the principal executive and academic officer of the University and ex officio Chairman of the Board and of the Academic Council and he shall, in the absence of the Chancel- lor, preside at the convocation of the University and confer degrees on persons entitled to receive them.

(2) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for the due maintenance of dis- cipline in the University.

(3) The Vice-Chancellor shall convene meetings of the Board and the Academic Council.

(4) The Vice-Chancellor shall ensure the faithful observance of the provisions of this Act and the Statutes and the Regulations.

(5) The Vice-Chancellor shall be responsible for the presentation, of the annual financial estimates and the annual accounts and balance sheet to the Board.

(6) The Vice-Chancellor may take any action in any emergency which in his opinion calls for immediate action, and he shall, in such a case and as soon as may be thereafter, inform the authority which will ordinarily have dealt with the matter about the action taken and if the authority disagrees with the action of the Vice-Chancellor the matter shall be refer- red to the Chancellor whose decision shall be final.

(7) If the Vice-Chancellor is satisfied that a decision of the Board is not in the best interest of the University he shall refer it to the Chancellor whose decision shall be final.

(8) Where any action taken by the Vice-Chancellor under sub-section (6) affects any person in the service of the University to his disadvantage such person may prefer an appeal to the Board within thirty days from the date on which such person has been served with a notice of the action taken.

(9) Subject to the provisions of the preceding sub-sections the Vice- Chancelior shall give effect to the orders of the Board regarding the ap- pointments, promotions, suspension and dismissal of officers, teachers and other employees of the University.

(10) The Vice-Chancellor shall be responsible for the proper administra- tion of the University and for a close co-ordination and integration of teaching, research and extension education.

(11) The Vice-Chancellor may appoint, under intimation to the Board any suitable person temporarily for a period not exceeding six months in a vacancy of an officer of the University referred to in clauses (c)' to (g) of section 18.

(12) The Vice-Chancellor shall exercise such other powers as may be prescribed for carrying out the purposes and provisions of this Act.

22. (1) The first Vice-Chancellor shall, for a period of six months trom the date of his appointment or such shorter period as may be determined by the Chancellor, have the following powers, namely: —

(i) with the previous approval of the Chancellor, to make the first Extra- ordinary powers of of the first Vice- Chancellor.

Statutes to provide for functioning of the University;

(ii) with the previous approval of the Chancellor, to constitute provisional authorities and bodies and on their recommendation make rules for the conduct of the work of the University;

(Hi) subject to the control of the Chancellor, to make such financial arrangements and incur such expenditure as may be necessary to en- able this Act or any part thereof to be brought into operation;

(iu) with the previous approval of the Chancellor, to make such appointments as may be necessary to enable this Act or any part thereof to be brought into operation;

(u) with the previous approval of the Chancellor, to appoint com- mittees that he may think fit to discharge such of the functions as he may direct; and

(vi) to exercise all or any of the powers conferred on the Board

by this AcL or the Statutes.

(£) Any order passed by the Vice-Chancellor in exercise of the powers conferred om him by clauses (ii), (iu) and (v) of sub-section (1) shall con- tinue to have effect after the expiry of the period specified under sub- section (1) until it is modified or set aside by the authority or body com- petent to deal with it in accordance with the provisions of this Act.

23. (1) An officer of the University referred to in clauses (c) to (g) of section; 18 shall be ,a whole-time officer of the University and shall be ap- pointed by the Vioe-Chancellor with the approval of the Board.

Other offl- ;crs of the University— General terms and conditions.

(2) The salary and allowances and other conditions of service of such

an officer shall be as prescribed.

24. (1) Registrar.— (a) The Registrar shall be ex officio Secretary of the Board of Management and of the Academic Council. He shall place be- fore them such information as may be necessary for the transaction of business.

(b) The Registrar shall be responsible for the due custody of the com- mon seal of the University.

(c) The Registrar shall keep a permanent record of all courses and

curricula and related information.

(d) The Registrar shall be responsible for maintaining a permanent re- cord of the .academic performance of the students of the University in- cluding the courses taken, credits obtained, degrees awarded, prizes or other distinctions won, and other items pertaining to the academic per- formance of the students.

(2) Comptroller.—The Comptroller shall be responsible to the Vice- Chancellar ior preparation of the budget and statement of accounts of the University. He shall undertake revision of the budget where necessary He shall manage the funds and investments of the University and shall advise the Vice-Chancellor with regard to the financial policy of the Uni- versity. He .shall be responsible for ensuring that expenditure is made as .authorized in the budget.

(3") Dean.—(a) The Dean shall be the Chairman of the Board of Studies of the Faculty and shall be responsible to the Vice-Chancellor for the or- ganisation and implementation of the teaching programme of the Faculty.

(b) The Dean of Post-graduate Studies, when appointed, shall co-ordi- nate post-graduate studies in all colleges, departments and sections of the University.

(4) Director.—(a) The Director of Research shall be responsible for the direction and co-ordination of research programme as laid down in sec- tion 26 and efficient working of the research stations.

(b) The Director of Extension Education shall be responsible for the agricultural extension education programme as laid down in section 27.

(5) Subject to the provision of this Act, an officer of the University re- ferred to in clauses (c) to (gf) of section 18 shall perform such other duties as may be prescribed or as may be assigned to him from time to time by the Board or the Vice-Chancellor.

CHAPTER V

SERVICE CONDITIONS OF TEACHERS AKD STAFF

Service conditions.

25. Subject to the provisions of the Act, the appointment, procedure fcr selection, pay and allowances, and other service conditions of teachers and members of the staff of the University shall be as prescribed.

CHAPTER VI

RESEARCH AND EXTENSION

Agricultural research Programme.

26. (2) An Agricultural Research programme shall be established in the University and, subject to the provisions of this Act and the Statutes, the University shall carry on research directed primarily to the problems of agriculture and allied sciences for the purpose of aiding the development of agriculture and for the benefit of the rural population of the State.

(2) The University through its research organisation shall be the princi- pal agency of control over research activities in agriculture in the State.

(3) The existing research organisations of the State Departments of Agriculture and Animal Husbandry shall be transferred to the University with effect from such date as the State Government may, by notification in the Official Gazette, specify.

(4) Research facilities, personnel and budget previously assigned to the Directorates of Agriculture and Animal Husbandry of the State Govern- ment shall be transferred to the University on the date specified under sub-section (-3).

Agricultural Extension Education programme.

27. (J) An Agricultural Extension Education programme shall be estab- lished in the University and shall, subject to the provisions of this Act and the Statutes, make useful information based upon the findings of re- search available to farmers and others 1o help and solve their problems. It shalJ conduct demonstrations and training programmes for the benefit of students and farmers. Extension education shall be co-ordinated with the other functions of the University and other appropriate agencies of the State.

(2) The University shall be responsible for the Agricultural Extension Education activities in the State necessary to disseminate and demonstrate to cultivators the findings of agricultural research on improved practices essential to improve rural living and to increase agricultural production with special emphasis on food production and utilisation and the Univer- sity will also undertake multiplication of nucleus s^eds of improved Varieties evolved or introduced by the research organisation.

(3> The programme shall be developed under the guidance of the Director of Extension Education and for this purpose all subject-matter specialists of the department of Agriculture shall be transferred to the University.

28. (1) In consultation with the appropriate officers of the University the Vice-Chancellor shall be responsible for taking such steps as may be necessary for the full co-ordination of teaching, research and extension education activities of the University.

Co-ordina- tion of teaching, research and extension education and Integration of functions md curri- bula and of services.

(2) The Vice-Chancellor shall be responsible, working through the appropriate officers of the University, for seeing that conditions are estab- lished whereby there is the maximum feasible progress in the develop- ment of new information and technology in the natural, physical and social sciences related to agriculture, animal husbandry and allied sciences.

(3) The Vice-chancellor shall be responsible, working through the appropriate officers and staff of the University, to see that there Is an appropriate inter-relation of the different curricula and courses offered in the different Faculties of the University so as to avoid unnecessary dup- lication of functions between Faculties and provide the students with the best c6ufse offerings and faculty contacts feasible within the University's resources and talents.

(4) The University shall develop its programme of research and ex- tension education keeping in view the needs of the State and provide the appropriate technical support and consultative advice to State Govern- ment Departments engaged in agricultural development work.

CHAPTER VII

FUNDS AND ACCOUNTS

29. (2) The University shall have a General Fund to which shall be

credited—

University funds and grants,

(i) its income from fees, emoluments and grants;

(li) contributions or grants made by the Government on such

conditions as it may impose;

(Hi) grants donations and benegactions; and

(iv) other receipts.

(2) The University shall form a fund called the Foundation Fund from contributions and grants made by the Central Government and the State Government for being credited to that Fund and such other sums from the University which may be credited to the said Fund.

(3) The monies in the Foundation Fund shall be Invested in the Secu- rities mentioned or referred to in clauses (a) to (d) of section 20 of the Indian Trusts Act, 1882.

2 of x88a"

1057 G of 1—3.

*

go TO 1Tl!! py INDlA EX^OflJMNARY [PA^T I* _ _ _ _ _ __ ~^_ (41 The University shall furnish, such statements, accounts, reports and othe£ pariicijijars' as the State Government may require relating to, any, grant maie by thai Government and shall take auch a,ction and, fur-i iiiln sucM statements, accounts, reports and other particulars rela^og to the utilisation of any grant within such time and in such manner as the State Government may direct.

(5) It shall be competent for the University in furtherance of its p b j ,^ tivfts to accept grants from the Government of IjJihar or any other, S,l#tfl Government or the Central Government or statutory bodies, or endow- ments or donations under such conditions as may be agreed upon between the'tJniVersity and the Government or donor.

(6) The University may have such other funds, as may be prescribed by the Statutes.

Pension,

insurance

"nd provi-

dent fund.

30. (1) The University shall constitute for the benefit of its officers, teachers, clerical staff and other employees in such a manner and subject to such conditions as may be prescribed, such pension, insurance and pro- vident funds as it may deem fit.

19 of 1925.

(2) For such pension, insurance and provident funds so constituted by the University, the State Government may declare that the provision^ of the Provident Funds Act, 1925 shall apply to such funds qs if it were a Government provident fund:

Provided that the University shall have power in consultation wi£ht the Finance Committee of the Board to invest the provident fluid aiflQU&fc, in "such manner as It may determine.

(3) Persons in State Government services transferred to the University shall be governed under such terms and conditions as may Be agreed to between the University, the State Government and the incumbent.

: 31. The General Fund, Foundation Fund,and other funds of the Uni- Manigemen o/funds.

versity shall be managed as prescribed.

32. The State Government shall, every year, make the following lump Government gnou, "sum grants to the Uniyers^y, namely: —

(i) a gpant not leas than the net expenditure incurred in the State of Bihar on such of the activities of the institutions of ttie agri- culture, animal husbandry and other Government Departments as are transferred to the University;

(ii) a grant not less than the estimated net expenditure of pay an£|a#fflvffllW,of t he s t a f f' contingencies, supplies and services of the,, U^versltY^other,than in respect of the activities in various.ong*. nis^tiops referred to abqve in clause (i); and

(in) a grant to meet such additional items of expenditure, re- curring, and, non-recurring, as the State, Government - deem,, necoB- sary, for the proper functioning of the University,

33. (1) The Board shall constitute a Finance Committee consisting Finance Committee.

of—

(1) the Vice-Chancellor;

(ii) two representatives of the State Government in the Depart- ments'ef Agriculture, and Finance not below the rank of a Deputy Secretary;

(Hi) a Dean or a Director, by rotation, as prescribed by Statutes;

(iv) one Chairman of a University Department, by rotation, aa

prescribed by Statutes; and

(u) one nominee of the Board who should be a non-official mem-

ber of the Board,

(2) The Finance Committee shall have the following powers, na*

mely:—

(i) to examine the annual accounts of the University and to

advise the Board thereon;

(ii) to examine the annual budget estimates and to advise the

Board thereon;

(ili) to review the financial position of the University fVdttr time

to time;

(ii)) to make recommendations to the University on all matters

relating to the finances of the University; and

(v) to make recommendations to the Board on all proposals In- volving expenditure in excess of the amount provided in the budget.

\ccountj

ind audit.

34. (1) The annual accounts of the University shall be prepared by the Comptroller under the direction of the Vice-Chancellor and all the money accruing to or received by the University from whatever source and all amount disbursed and paid by the University shall be entered In the accounts.

(2) The accounts of the University shall, once at least in every year and at Intervals of not more than 15 months, be audited by tHe" Comp- troller and Auditor-General of India or any person authorised by him in this behalf.

(3) The Board shall submit a copy of the accounts and report to the State Government through the Chancellor along with the statement of the actfbii taiteii by the University on the audit report and the State Government shall cause the same to be laid before both¹ thte He-Uses of the Legislature.

CHAPTER VHI

STATUTES AND REGULATIONS

Statutes.

35. Subject to the provisions of this Act the Statutes may provide for all or any of the following matters, namely: —

(1) constitution, powers and duties of the authorities;

(2) powers, functions, duties, manner of appointment and condi- tions of service of the officers other than the Chancellor;

(3) designation, manner of appointment, powers and duties of officers;

(4) classification, qualification and manner of appointment of teachers and other non-teaching staff;

(5) conferment and withdrawal of honorary degrees and acade- mic distinctions;

(6) establishment, amalgamation, sub-division and abolition, of Faculties;

(7) establishment of departments of teaching in the Faculties;

(8) procedure of appointment, emoluments and conditions of service, of the Vice-Chancejlor and his powers;

(9) manner of appointment and selection of officers other than the Vice-Chancellor, and their powers and terms and conditions of service;

(10) establishment of pension, provident funds and insurance schemes for the benefit of officers, teachers and other employees of the University, and the rules, terms and conditions of such funds or schemes;

(11) procedure at meetings of the authorities including the quorum for the transaction of business by them;

(12) holding of convocations to confer degrees and diplomas;

(13) establishment and abolition of hostels maintained by the University;

(14) institution of fellowships, scholarships, studentships, bursa- ries, medals and prizes and the conditions of award thereof;

(15) allowances payable to members of the Board;

(16) entrance or admission of the students to the University and their enrolment and continuance as such and the conditions an£ pro- cedure for dropping students from enrolment;

(17) fees which may be charged by the University;

(18) courses of study to be laid down for all degrees, diplomas and certificates of the University;

(19) conditions under which students shall be admitted to the degrees, diplomas or other courses and examination at the University and their eligibility for the award of degrees and diplomas;

(20) conditions for conferring of degrees and other academic distinctions;

(21) maintenance of discipline among the students of the Uni- versity;

(22) special arrangements, if any, which may be made for resi- dence, discipline and teaching of women students and presenting for them special courses of study;

(23) conditions of residence of students of the University and the levy of fees for residence in hostels maintained by the University;

(24) recognition and management of hostels not maintained by the University;

(25) conditions of service, remunerations and allowances, in- cluding travelling and daily allowances to be paid to officers, teachers and other persons employed under the University;

(26) conditions and mode of appointment and the duties of exa- mining bodies and examiners;

(27) conduct of examinations;

(28) conditions of registration of graduates and maintenance of register thereof;

(29) management of colleges and other institutions founded or maintained by the University;

(30) constitution of a Selection Committee for appointment of teachers;

(31) duties of teachers of the University;

(32) date on or before which the annual report shall be submit- ted to the Board;

(33) mode of execution of contracts or agreements by or on be- half of the University; and

(34) all other matters which by this Act are to be or may be provided for by the Statutes.

36. (1) The Board may, from time to time, make new or additional Sta- Statutes how made.

tutes or may amend or repeal the Statutes in the manner hereafter in this section provided:

Provided that the Board shall not make any Statute or any amendment to a Statute affecting the status, powers or constitution of ahy existing authority until such authority has been given an opportunity of expressing an opinion on the proposal, and any 6pinion so expressed shall be in writ- Ing and shall be considered by the Board;

Provided further that no Statute shall be made by the Board affecting the discipline of students, and standards of instruction, education and examination except after consultation with the Academic Council.

(^) JLvery new Statute or addition to the Statutes or any amendmeni or repeal of a Statute shall require the approval of the Chancellor who may assent thereto or withhold assent or remit the same to the Board for consideration.

(3) A new Statute or a Statute amending or repealing an existing Sta- tute shall have no validity unless it has been assented to by the Chancel- lor.

(4) All Statutes made under this Act shall be published in the Official Gazette.

Regulations

how made.

37. (1) The authorities of the University may by notification in the Offi- cial Gazette, make Regulations consistent with this Act and the Statutes,—

(i) laying down the procedure to be observed at their meetings and the number of members required to form the quorum; and

(it) providing for matters which by this Act or the Statutes have to be regulated by Regulations.

(2) Every such authority of the University shall make Regulations for giving notice to the members of such authority of the dates of the meet- ings and the business to be considered at meetings and for keeping of record of the proceedings of the meetings.

(3) The Academic Council may, subject to the provisions of the Sta- tutes, make Regulations providing for course of studies, system of exami- nations, and degrees, certificates, diplomas of the University after receiv- ing drafts of the same from the Board of Studies concerned.

(4) The Academic Council may not alter a draft received from the Board of Studies but may reject the draft or may return it to the Board of Studies for further consideration together with the suggestions of the Council, and the Academic Council shall be the final authority for approval of such proposals.

(5) The Board may direct the amendment in such manner as it may specify of any Regulation made under sub-section (2) by any authority of the University.

CHAPTER IX

MISCELLANEOUS

Transitory provisions.

Bihar Act

KIV of

(960.

Bihar Act

IV of 1963.

38. (1) Notwithstanding anything to the contrary contained in this Act, the Bihar State Universities (Universities of Bihar, Bhagalpur and Ranch!) Act, 1960 or the Magadh University Act, 1961 or the Statutes or Ordinances or Regulations made under any of these enactments, any student who im- mediately before the commencement of this Act was studying in a college which has been OT may hereafter be admitted to the privileges of the Uni- versity for degree, diploma or certificate of the University of Bihar, Bhagalpur University, Ranch! University, or Magadh University shall, in accordance with the Regulations of the University be permitted,—

(a) to complete his course in accordance with the curriculum) of studies of the University concerned;

(b) to be examined by the University and if on the results of such examination he qualifies, be entitled to be conferred a corres- ponding degree, diploma or certificate of the University; and

(c) to appear at the examination within two years of the normal

period required for completing the said course of studies.

(2.) In the year of the establishment of the University, University examination of all courses in the Faculties of Agriculture and- Animal Husbandry shall be conducted by the University of Bihar, Bhagalpuv University, Ranchi University, or Magadh University, as the case may be, and in subsequent years, the examinations shall be conducted by the University.

39. (J) Notwithstanding anything contained in the Bihar State Univer-

Bihar Act

XIV of

i960.

Bihar Act

TV of 1963.

rransftr

>f certain?

alleges and

nstitutions

o the

JnfverSity.

sities (Universities of Bihar, Bhagalpur and Ranchi) Act, 1960 or the Ma- gadh University Act, 1961 or the Statutes or Ordinances or Regulations made thereunder, Bihar Agricultural College, Sabour, Ranchi Agricultural College, Kanke, Tirhut College of Agriculture, Dholi, Bihar Veterinary College, Patna, and Ranchi Veterinary College, Kanke, shall as from such date as the State Government may, by notification in the Official Gazette, specify, be disaffiliated from respective Universities and shall be main- tained by the University as constituent colleges.

(2) The control and management of the colleges specified in sub-sec- tion (1) shall as from the date specified under sub-section (2) stand transferred to the University and all properties and assets and liabilities and obligations of the State Government and in relation thereto shall stand transferred to and vest in, or devolve upon the University.

(3) The control and management of all research and educational institutions of the Departments of Agriculture and Animal Husbandry referred to in section 26 shall, as from the date specified under sub-section (3) of the said section, stand transferred to the University, and thereupon all the properties and assets and liabilities and obligations of the State Government in relation to such institutions shall stand transferred to and vest in, or devolve upon, the University:

Provided that this transfer shall be completed within one year from

the commencement of this Act.

(4) Every person employed in any of the colleges specified in sub- section (1), or in any of the institutions referred to in sub-section (3) immediately before the date referred to in sub-section (1) or sub-section (3) as the case may be subject to such terms and conditions as may be prescribed, become employee of the University on such date.

Removal of

difficulties.

40. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such order shall be made after the expiry of two years

from the commencement of this Act.

(2) Every order published under this section shall, as soon as may be

after its publication, be laid before the State Legislature.

Delegation of powers.

. 4I4 The Board may by Statute delegate to any officer or authority of the University any of the powers conferred on it by this Act or by the Statutes to be exercised subject to such restrictions and conditions as may be prescribed.

Co istitution Of ad hoi: committee.

42. Notwithstanding anything in this Act and until such time as the authorities are duly constituted, the Vice-Chancellor may, subject to the prior approval of the Chancellor or of the Board after it has been con- stituted, appoint committees temporarily to exercise, perform and dis- charge any of the powers, functions and duties of such authorities under this Act.

43. If any question arises as to whether any person has been duly elected or appointed or is entitled to be a member of any authority or other body of the University, the matter shall be referred to the Chancellor whose decision thereon shall be final:

Disputes as to con- stitution of Univej-jity Authorities rnd Bojits.

Provided that before taking any such decision the Chancellor shall give the person or persons affected thereby reasonable opportunity of being heard.

V. V. GIRI,

President.

N. D. P. NAMBOODIRIPAD, Joint Secy, to the Govt. of India.

Reasons for the enactment

The Education Commission (196-t—66) had recommended the establish- ment of at least one Agricultural University in each State. At present there is no Agricultural University in the State of Bihar. The State Government of Bihar has accordingly decided to establish an Agri- cultural University In that State. Necessary legislation for that purpose has been prepared in consultation with the State Government of Bihar and the Indian Council of Agricultural Research and is proposed to be enacted as a President's Act.

2. The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969 (32 of 1969) has been consulted before enactment of this measure as a President's Act.

B. R. PATEL,

Secy, to the Govt. of India,

Ministry of Food, Agriculture,

Community Development and

Co-operation-

THE BIHAR SOIL AND WATER CONSERVATION AND

LAND DEVELOPMENT ACT, 1970

No. 12 OF 1970

Enacted by the President in the Twenty-first Year of the Republic

of India.

An Act to provide for the preparation and execution of soil and water conservation plan, including plan for land development, alleviation of damage by flood and drought, control of grazing for prevention of soil erosion, reclamation of waste land and pro- tection of reservoirs against sedimentation in the State of Bihar.

32 of 1969.

In exercise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969, the President Is pleased to enact as follows:—•

CHAPTER I

PHELIMTNAHY

1. (1) This Act may be called the Bihar Soil and Water Conservation

and Land Development Act, 1970.

Short titlt

extent and

commence-

ment.

(2) It extends to the whole of the State of Bihar.

(3) It shall come into force on such date and in such areas, as the State Government may, by notification in the Official Gazette, appoint and it may appoint different dates for different areas and for different provisions.

2. In this Act, unless the context otherwise requires,—

Definitions.

(o) "Board" means the Bihar Soil and Water Conservation and

Land Development Board constituted under section 5;

(b) "Collector" means the Collector or the Deputy Commissioner of a district and includes any officer appointed by the State Govern- ment to exercise the powers and discharge the functions of a Collec- tor under all or any of the provisions of this Act;

(c) "District Committee" means the District Soil and Water Conservation and Land Development Committee constituted under section 7;

(d) "District Development Committee" means a District Develop- ment Committee constituted under the executive orders of the State Government for a district for which no Zila Parlshad has been consti- tuted;

(e) "District Soil Conservation Officer" means the District Soil Conservation and Land Development Officer for the district and includes any officer appointed by the State Government to exercise the powers and discharge the functions of a District Soil Conservation Officer under this Act:

Provided that one person may be appointed to be the District Soil Conservation Officer for more than one district or more than one person may be appointed to be District Soil Conservation Officers in the same district;

(f) "owner" means any person or persons holding land severally, or jointly or in common as a raiyat or an occupancy under-raiyat or a mortgagee of such land with possession;

Bihar Act

VI of 196a.

(fif) "Panchayat Samlti" means a Panchayat Samiti constituted under the Bihar Panchayat Samitis and Zila Parishads Act, 1961, and includes a Block Development Committee constituted under the executive orders of the State Government for an area for which no Panchayat Samiti haa been constituted;

(ft) "plan" means a plan for the purpose of soil and water con- servation and land development prepared under this Act;

(i) "prescribed" means prescribed by rules made under thia Act;

(j) "Soil Conservation Officer" means the Soil Conservation Officer of the area and Includes any officer appointed by the State Government to exercise the powers and discharge the functions of a Soil Conservation Officer under this Act;

(fc) "Sub-divisional Officer" means the officer in charge of the sub-division of a district;

(I) "waste land" means any land which for a period of not less than five continuous years has been lying waste on account of soil erosion, water logging, salinity, accumulation of sand, growth of weeds or any other cause or which for the period aforesaid has been lying uncultivated;

(m) "work" means any work of public utility constructed, erec- ted or carried out or to be carried out under a plan and includes a pasture or forest provided for or raised under a plan;

Bihar Act

VI of 196a,

(n) "Zila Parishad" means a Zila Parishad constituted under the Bihar Panchayat Samitis and Zila Parishads Act, 1901 and includes a District Development Committee;

(o) the expressions "cattle", "forest produce", "timber" and "trees" have the meanings respectively assigned to them In the Indian Forest Act, 1927.

16 of 1937

CHAPTER II

NOTIFICATION OF AREAS AND CONTROL OVER THEM

Notification

Of areas.

3. Whenever the State Government considers that In any area It is expedient to provide for the conservation of soil and water or for the pre- vention or mitigation of erosion of lands, it may, by notification in the Official Gazette, declare the area to be a notified area for the purposes of this Act.

4. In respect of any notified area or part thereof, the State Government

may, by order published in the Official Gazette, restrict or prohibit—

(a) the clearing or breaking up of land for cultivation or the

cultivation of land;

Porter W

regulate,

restrict Or

prohibit ,

certain

matters

within

notified _

veai.

(b) the quarrying of stone or burning of lime, or manufacturing

and burning of bricks;

(c) the cutting of trees and timber, or the collection or removal or subjection to any manufacturing process of any forest produce for any purpose;

(d) the setting on fire of trees, timber or forest produce;

(e) the admission, herding, pasturing and retention of cattle In-

cluding goats, sheep and pigs;

(f) the erection of buildings in such area; and

(fir) any other act which hampers the preparation or execution of

the plan.

CHAPTER III

CONSTITUTION OF THE BOARD AND THE DISTRICT COMMITTEES

Constitution

of the Board{

5. (JO The State Government may, for the purpose of carrying out. the ' provisions of this Act, by notification in the Official Gazette, constitute,' for the State of Bihar, a Board called the Bihar Soil and Water Conserva- tion and Land Development Board.

(2) The Board shall consist of the following members: —

(a) the Minister in charge of Agriculture, and if there is no Min- ister in charge of Agriculture, any person nominated by $he Governor, who shall be the Chairman;

Bihar A

VIofX962.

(b) the Chairman of the State Panchayati Raj Board established under the Bihar Panchayat Samitis and Zila Parishada Act, 1961, if any;

(c) the Development Commissioner;

(d) the Agriculture Production Commissioner;

(e) the Director of Agriculture;

(f) the Director of Soil Conservation;

(a) the Chief Conservator of Forests;

(/i) the Chief Engineer (Irrigation);

(i) five members of the Bihar Legislative Assembly and two members of the Bihar Legislative Council to be nominated by the State Government.

(3) The Director of Soil Conservation shall be the Secretary of the Board.

(4) The Board may invite any other person or persons to attend meetings of the Board.

(5) The term of office of the members referred to in clause (i) of sub- section (2) shall be three years or such shorter period as the State Gov- ernment may fix:

Provided that if a member nominated under clause (i) of sub-section (2) is unable by reason of his death, resignation or otherwise to complete his full term of office, the vacancies so caused shall be filled by fresh nomi- nation and the person nominated to fill a casual vacancy shall hold office only for the remainder of the term for which the member, whose place he takes, was nominated.

(6) If there is a difference of opinion amongst the members of the Board regarding any matter under this Act, the decision of the majority of the members present shall prevail:

Provided that when their opinion is equally divided, the Chairman shall exercise a casting vote.

(7) A non-official member may, at any time, by notice in writing to the Chairman, resign his office.

(8) All communications and orders of the Board shall be issued by the Secretary or by such officers subordinate to him as may be authorised by the Board in this behalf.

(9) No Act or proceeding of the Board shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the constitution of, the Board.

6. The functions of the Board shall be:—•

Functions rfthe Board.

(a) to make recommendations to State Government regarding policies for soil and water conservation measures in the State;

(fa) to make recommendations to the State Government as to the areas for which soil and water conservation and land development plans may be prepared;

(c) to consider and approve draft plans to be placed before the Board under the rules made by the State Government under section 28;

(d) to perform such other functions as may be specified in this Act or in the rules made thereunder.

Constitution Jf District Committee.

7. (1) For every district in which this Act shall be in force the State Government shall by a notification in the Official Gazette, constitute a committee called the District Soil and Water Conservation and Land Development Committee consisting of the following members: —

(i) the Collector, who shall be the Chairman;

(ii) the Adhyaksha, Zila Parishad;

(in) the District Soil Conservation Officer;

(iv) the District Agricultural Officer;

(v) the Divisional Forest Officer or Officers;

(vi) the Sub-divisional Officer of the Sub-division to which the scheme relates;

Bihar Act VI of i96a"

(vii) four members of the Zila Parishad to be nominated by the Adhyaksha from among the members of the Standing Committee constituted under clause (ii) of sub-section (1) of section 42 of the Bihar Panchayat Samitis and Zila Parishads Act, 19B1 or four non- official members of the District Development Committee to be nomi- nated by the Committee where no Zila Parishad has been consti- tuted.

(2) The Committee may invite any person or persons to attend meetings of the Committee.

(3) In the absence of the Collector, the Committee shall elect a Chair- man for the meeting.

(4) The District Soil Conservation Officer shall be the ex-officio Secre- tary of the District Committee,

(5) If there is a difference of opinion amongst the members of the District Committee, the decision of the majority of the members present shall prevail:

Provided that when their opinion is equally divided, the Chairman shall exercise a casting vote.

(6)(a) A member referred to in clause (vii) of sub-section (1) may, at any time, by notice in writing to the Collector resign his office.

(b) A casual vacancy caused by the resignation of a member under clause (a) or otherwise, shall be filled by fresh nomination.

(7) All communications and orders of the District Committee shall be issued by the Secretary or by such officer subordinate to him as may be authorised by the District Committee in this behalf.

(8) No act or proceedings of the Comnvttee shall be deemed to be invalid by reason merely of any vacancy in, or any defect in the consti- tution of, the Committee.

8. The functions of the District Committee shall b e-

ta) to make recommendations to the Board as to the areas in Functions] of the District Committee.

the district for which plans may be prepared;

(b) to consider and recommend plans for areas in the district to be placed before the Committee in accordance with the rules framed under section 28 and subject to such conditions as may be prescribed, approve the same;

(c) to carry out the directions issued by the State Government or the Board from time to time with regard to plans;

(d) to perform such other functions pertaining to soil and water conservation and land development as may be specified in this Act or in the rules made thereunder.

CHAPTER IV

PREPARATION OF SOIL AND WATER CONSERVATION AND LAND DEVELOPMENT PLANS

9. A plan may provide for all or any of the following matters,

namely: —

Matters for which the plan mayj provide.

(i) prevention or mitigation of erosion of soil;

(ii) preservation and improvement of soil;

(in) reclamation of waste, saline or water logged land;

(iv) improvement in the methods of cultivation;

(D) construction of earth and masonry works in fields, gullies

and ravines;

(w) training of stream and water courses;

(trti) land levelling, preparation of channels for irrigation and drainage and application of other water management practices m the irrigation commands;

(uiii) cultivation of waste or fallow land;

(ix) prohibition or control of grazing or reservation of land for pasture and deep cultivation by tractors in areas subject to erosion;

(x) planting and preservation o'f trees, shrubs and grasses 101 afforesting uncultivable land or providing shelter belts against wind erosion or for any other purpose;

(xi) regulation or prohibition of the setting on fire of vegetation;

(xii) improvement of water supply;

(ociii) retirement of any land from cultivation if its continuance

under agriculture is prejudicial to that land or some other land;

(ociv) prevention from breaking up marginal and sub-marginal

lands for purposes of cultivation;

(xv) consolidation of holdings of cultivators of an area for the better use of land;

(xvi) any other matter which may be prescribed.

10. (1) A draft plan shall be prepared by the Soil Conservation Officer Preparation of plans.

of the area containing the following particulars, namely: —

(a) the object of the plan;

(b) the boundaries and approximate area of the land to be In-

cluded In the plan;

(c) the persons, including the Government, who will be affected

by the plan;

(d) the work or kind of work to be carried out under the plan

and the cost thereof;

(e) the agency or the agencies through which the work shall be

carried out;

(f) the total amount to be recovered from owners;

(g) the general rate per acre per annum aj which such amount

Is to be recovered from owners;

(h) the period within which the amount is to be recovered;

(i) the work which, in his opinion, shall be maintained and re- paired individually or jointly and the name of every such person; and

(j) such other particulars as may be prescribed.

(2) The draft plan so prepared shall be placed before the District Committee which may approve the plan with or without modification or may reject it and cause to be prepared another draft plan, provided that the District Committee shall not approve or recommend any plan which has not received the consent of at least 50 per cent, of the owners of the land included in the plan.

Publication of draft plan.

11. (1) Copies of every draft plan prepared under sub-section (1) of section 10 together with the connected maps and plans, if any, shall be published in the draft stage by District Soil Conservation Officer and shall be made available by him for inspection by the public free of

charge, in the offices of Gram Panchayats, Panchayat Samitis and Sub- divisional Officers with'in whose jurisdiction the lands proposed to be included in the draft plan are situated and in his own office;

(2) A general notice in the prescribed form shall be published in the Official Gazette and in such newspapers, if any, circulating in the loca- lity as the District Soil Conservation Officer may direct—

(a) intimating that the draft plan has been prepared, that copies thereof have been kept and may be inspected by the public free of charge at the places aforesaid and that copies of the draft plan may be obtained on payment of the cost thereof which shall be specified in the notice, from the District Soil Conservation Officer or the Sub-Divisional Officer or Block Development Officer and also from any other officer specified in tho notice; and

(b) requiring any person affected by the draft plan who wishes to object to it or to any part thereof, to submit his objections in writing to the District Soil Conservation Officer or to appear before him with his objections within thirty days of the publication of the notice.

(3) A special notice shall be sent to the Panchayat Samitis concerned requiring them to submit such suggestions or objections as they may like to make within thirty days of the receipt of the special notice.

r(4) The general notice shall also be published by beat of drums In the village or villages to which the draft plan relates.

12. The District Soil Conservation Officer shall inquire into the objec- tions received or recorded by him and submit them to the District Com- mittee together with his report thereon and his recommendations, if any, for modification of the draft plan.

District Soil Conservation Officer to consider objections and submit report to the District Committee.

Sanction of draft Plans.

13. (1) After considering the objections and the report and the re- commendations of the District Soil Conservation Officer and any further report which the District Committee may require from him, the District Committee may accord its approval or, as the case may be, forward the Iraft plan to the Board with its recommendations.

(2) The Board may approve the draft plan placed before it under the rules with or without modifications or may reject it and direct that in lieu thereof a fresh draft plan be prepared and submitted for its approval.

(3) The draft plan as approved by the District Committee or tha Board, as the case may be, shall be submitted by the Board to the State Government for sanction and thereafter the State Government may sanc- tion the draft plan with or without modifications or may reject it and direct ;hat a fresh plan be prepared and submitted for its sanction.

(4) The plan as sanctioned by the State Government, shall be pub- ished in the prescribed manner and copies thereof shall be made available

in the pfflces of the Gram Panchayat, the Panchayat Samitis, the Sub- divisional Officer and the District Soil Conservation Officer within whose jurisdiction the lands included in the scheme are situated.

(5) Publication of notices in the prescribed manner shall be treated

as final notice for fulfilment of the provisions of this ^ct.

(6) On and from the date of the publication of the plan under sub-

section (4) the plan shall come into force and shall have effect.

(7) The State Government may, for the purpose of carrying out the objects of the plan, make regulations requiring any person or persons or the public generally to take certain actions or to refrain from doing cer- tain acts in respect of any matters supplementary and incidental to the plan.

14. Notwithstanding anything contained in section 13—

Subsequent changes and corrections of errors in the plan.

(i) the Director of Soil Conservation may make such changes in the plan as are at any stage necessitated by the changes that may occur In the land due to any unforeseen circumstances :

Provided that no such change shall be made to the prejudice of

any owner without allowing him an opportunity of being heard :

Provided further that such changes shall be placed before the

Board at its next meeting for its approval;

(ii) the District Soil Conservation Officer may, if satisfied that a clerical or arithmetical error exists in the plan, correct the same in the prescribed manner, either on his own motion or on the applica- tion of an interested person :

Provided that such changes shall be placed before the District-

Committee at its next meeting for approval.

CHAPTER V

"EXECUTION OF PLAN AND MAINTENANCE, REPAIRS AND USE OF WORK CARRIED

OUT UNDER THIS PLAN

Directions to execute work.

15. (1) The District Soil Conservation Officer may by notice, require any owner to carry out at his own cost any work which under the plan is to be carried out by the owner at his own cost, in the manner and within the period mentioned in the notice.

(2) Where an owner intimates in writing to the District Soil Conser- vation Officer that he is unable to carry out the work within the time aforesaid or if the work is not carried out to the satisfaction of the Dis- trict Soil Conservation Officer by the date fixed in that behalf or within such further time as he may allow, the District Soil Conservation Officer shall get the work carried out and, subject to such conditions as may be

1057 G of 1—5.

prescribed, in this behalf, recover the expenses incurred from the owner- as arrears of land revenue ;

Provided, that the District Soil Conservation Officer shall get the work- carried out in such a case after serving notice on the owner, and giving, him an opportunity to be heard.

(3) Notwithstanding anything contained in sub-sections (i) and (2),. where the Collector is of the view that it will be in the interests of gene- ral public to have a work carried out by the District Soil Conservation Officer, he may direct the District Soil Conservation Officer to carry out the work and cost of such work shall, subject to such provisions as may be prescribed in this behalf, be recovered by the District Soil Conserva- tion Officer as arrears of land revenue from the owner or from the owners in such proportion, as the Collector may fix after taking into considera- tion the benefits or likely benefits to the land of each owner from that work and other relevant matters.

(4) If the costs are not paid by the owner within the prescribed time, such owner shall also be liable to pay such interest thereon as may be prescribed.

Liability of persons whose lands aic not in- cluded.

16. (I) If in consequence of any work carried out under the plan, any person other than the owner of the land on which the work Is done, is likely to be benefited, such person shall pay such amount and within such- time as the Collector may determine, to the owner of the land, if the work is carried out by him or to the State Government, if the work is carried out Dy the District Soil Conservation Officer:

Provided that before any person is required to pay any such contribu- tion, he shall be given a resonable opportunity for making his representa- tion, if any, in regard to the matter :

Provided furlhar that any such contribution may be waived by the State Government in whole or in part in respect of any work carried out- in land owned by it.

(2) If default is made in the payment of such contribution within the- time determined in that behalf in pursuance of sub-section (1), the Col- lector or any Officer authorised by him in this behalf shall recover it from the defaulter and pay the same to the owner of the land or to the Stata Government, as the case may be.

Preparation of state- ments,

17. (1) The District Soil Conservation Officer shall, on completion of the work, prepare a statement for any specified area giving the following; particulars: —

(i) the name of owner or owners;

(ii) the work done;

(Hi) the cost thereof;

(iv) the total amount to be recovered from the owners;

(v) the general rate per acre per annum at which such amount:

is to be recovered from owners;

(vi) the period within which the amount is to be recovered;

(vii) the work which, in his opinion, shall be maintained and re-

paired individually or jointly and the name of every such person;

(viii) In the case of any survey number or sub-division of survey number for which the owner is not liable to repair or maintain works therein, or if the cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owners of such survey numbers or sub-divisions;

(ix) a map showing the work carried out in the village;

(x) such other matters as may be prescribed.

(2) When a statement is prepared under this section, any rights and liabilities shown therein shall be entered in a record to be prepared for the purpose and kept in such manner as may be prescribed in the office -of District Soil Conservation Officer and the Panchayat Samiti as a per- manent record and shall be open to public inspection and copies whereof -shall be provided on payment of prescribed fees.

Obligation

of person*

to maintain

and repair

works.

18. (1) Every person shown in the statement prepared under section 17 as liable to maintain or repair any work, shall, to the satisfaction of the District Soil Conservation Officer and within such time as the Dis- trict Soil Conservation Officer may fix, maintain or repair the work on his own land and on any other land in respect of which he is shown as liable in the said statement.

(2) If any person fails to maintain or repair the work within the time iixed by the District Soil Conservation Officer under sub-section (1), the District Soil Conservation Officer shall get the work maintained or repair- ed by the Panchayat Samiti or through any other agency if the Panchayat Samiti fails to execute the work and recover the cost thereof from such ^person.

(3) Any dispute as to the liability or the amount of cost shall be de-

cided by the Collector.

CHAPTER VI

PENALTY

Penally- 19. Any person who without proper authority damages or obstructs any work under a plan or contravenes any of the provisions of this Act or any rule or order made thereunder, shall, on conviction, be liable to imprisonment for a term which may extend to six months or to a fine -which may extend to one thousand rupees or to both and where the offence is a continuing one to further fine which shall not be less than .rupees twenty-five for every day during which the offence continues after the date of the first conviction.

CHAPTER Vn

MISCELLANEOUS

20. Any sum payable to the State Government under this Act. shall be recoverable as a public demand under the Bihar and Orissa Public Demands Recovery Act, 1914.

Bihar and DriSSflAct [V of 1914.

Sums pay- able under this Act recoverable as public demand.

Procedure and powers of inquiry.

21. (2) Any officer or authority empowered to make an inquiry under this Act shall, where no specific provision has been made therefor, make the inquiry in the manner provided in the law relating to revenue in- quiries and all the provisions contained in any such law shall, as far as may be, apply to an inquiry under this Act.

(2) Any officer or authority referred to in sub-section (2) shall have the same power of summoning and enforcing the attendance of any person and examining him on oath and compelling the production of documents as are vested in Revenue Officers under the law referred to in that sub-section.

Power to enter upon survey and mack out lunch

22. (2) Any person authorised generally or specially in this behalf by the State Government or the Collector may alongwith his staff and work- men for the purpose of exercising any power or performing any func- tion or duty conferred or imposed or entrusted by or under this Act and after giving such notice as may be prescribed, to the owner, occupier or any person interested in any land enter upon, survey and mark out such land and do all acts necessary for such purpose.

(2) In particular he may—

(a) take levels;

(b) dig or bore into the sub-soil;

(c) place, erect or make on any land any peg or mark including trenches or boundaries which he deems to be necessary;

(d) do all other acts necessary to ascertain whether the land is suited for such purpose;

(e) where otherwise the survey cannot be completed, cut down and clear away any part of the standing crop, fence or jungle but only to the extent necessary.

(.3) Payment in respect of any damage caused to the property or rights of any person in carrying out any operations under the provisions of this Act shall be made to the person—

(a) where an agreement has been entered into with the person concerned, in accordance with the agreement; and

(b) in other cases in accordance with section 5 of the Land Acquisition Act, 1894.

1 Of 1894.

Appeal.

23. Any person aggrieved by an order passed under section 15, sec- tion 16 or flection 18 may appeal within such period and in such manner, as may be prescribed to—

(a) the Commissioner of the Division, if the order has been

passed by the Collector or the Deputy Commissioner of the district;

(b) the Collector or the Deputy Commissioner of the District, if the order has been passed by any officer other than the Collector or the Deputy Commissioner of 'the district.

45of i860.

Person authorised to execute work to be deemed as public servant- 24. Every person who is appointed or authorised to exercise any power or to perform any function or duty conferred or imposed by or under this Act, shall be deemed to be a public servant within the mean- ing of section 21 of the Indian Penal Code, and every person who is re- quired to submit any opinion or particular shall be deemed to be legally bound to do so within the meaning of the said Code.

16 of 1908

25. (I) Nothing in the Indian Registration Act, 1908, shall be deemed to require the registration of any document or map prepared, made or sanctioned in pursuance of this Act in connection with any plan which has come into force.

Registration of docu- ments or maps in connection with scheme not required.

(2) All such documents and maps made shall, for the purposes of sec- tions 48 and 49 of the said Act, be deemed to be registered in accordance with the provisions of that Act.

(3) All documents and maps relating to such schemes shall be acces-

sible to the public in the manner prescribed.

Delegation! of powers.

26. The State Government may delegate to any officer or authority sub- ordinate to it any of the powers, functions or duties required to be dis- charged under this Act.

Provisions of this Act to prevail.

27. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

Powers to make rules.

28. (1) The State Government may, by notification in the Official Gazette, make rules for the purposes of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the foregoing power, such

rules may provide for—

(a) the procedure for and the manner of declaring a person to be

an owner;

(b) matters relating to the establishment and constitution of the Board and the District Committee;

(c) the procedure (including quorum) for the conduct of business by the Board and the District Committee;

(d) the categories of plans to be placed before the District Com- mittee and the Board;

(e) functions of the District Soil Conservation Officer and alloca- tion of business to the District Soil Conservation Officers in the same district;

(f) the particulars to be set out in the draft plan;

(g) the time within which the costs of work carried out by the District Soil Conservation Officer shall be paid by the owner and the interest on such costs;

(h) the form in which and the intervals at which report of pro- gress in work shall be submitted by a District Soil Conservation Officer;

(i) the form of statement of rights and liabilities of the owners;

(j) the statements, returns, registers and other records required to be maintained by or under this Act;

(fc) the form and manner of service or publication of notices under this Act or the rules made thereunder;

(I) filing and disposal of objections and appeals under this ACT and the procedure to be followed in regard thereto;

(m) the duties of any officer or authority having jurisdiction under this Act and the procedure to be followed by such officer or authority; and

(n) other matters which are to be or may be prescribed.

(3) All rules made under this Act shall, as soon as may be after they are made, be laid before each House of the State Legislature while it is in session, for n total period of fourteen days extending in its one session or more than one successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Official

Gazette, subject to such modifications or annulments as the two House* of the Legislature may agree to make; so, however, that any such modifi- cation or annulment shall be without prejudice to the validity of anything previously done thereunder.

Protection

of action

taken under

the Act,

29. (1) No suit, prosecution or other proceeding shall lie against any person for anything done or intended to be done in good faith in pursu- ance of this Act or any rule made thereunder.

(2) Save as otherwise expressly provided by or under this Act, no suit or other legal proceeding shall lie against the State Government for any damage caused by anything done or intended to be done in good faith in pursuance of this Act or any rule made thereunder.

V. V. GIRI,

President.

N. D. P. NAMBOODIRIPAD,

Joint Secy, to the Govt. of India.

Reasons for the enactment

At present the Soil Conservation works are being undertaken on the cultivator's field through persuasion under an extension programme. Quite often many obstacles come in the way of execution of these works. The desire to have quick return from the land in disregard of the adverse effects on sustained production, often leads the farmers to adopt faulty land-use practices resulting in accelerated soil erosion and impoverishment of soil fertility.

2. The object of the proposed Legislation is to ensure execution of schemes of Soil and Water Conservation in a scientific manner expediti- ously. Land and Water Management play an important role in the deve- lopment of agriculture, protection against drought and floods, domestic and industrial water supply, hydro-electric projects, etc. In order to en- sure maximum production from the land, it is essential that the process of soil erosion, which is continuously depleting land fertility particularly in the hilly and sub-hilly regions of the State should be checked. A num- ber of River Valley Projects have been executed in the State and more arc likely to be executed in future. In addition, a number of major and minor Irrigation Projects are also being taken up. Soil erosion in the catchments of these projects results in deposition of silt, thereby reducing the effective life of the projects. The Bill provides for the preparation of schemes of soil conservation measures and their maintenance and re- pairs after their execution.

3. .The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969 (32 of 1969), has been consulted before the enactment of this measure as a President's Act.

B. R. FATEL,

Secy, to the Govt. of India.

Ministry of Food, Agriculture,

Community Development and Co-operation,

(Department of Agriculture).

THE BIHAR CO-OPERATIVE SOCIETIES (AMENDMENT)

ACT, 1970

No. i3 of i97o

Enacted by the President in the Twenty-first Year of the Republic

of India.

An Act further to amend the Bihar and Orissa Co-operative

Societies Act, 1935.

32 of 19(19.

In exercise of the powers conferred by section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969, the President Is pleas, ?d to enact as follows: —

1. (1) This Act may be called the Bihar Co-operative Societies (Amendment) Act, 1970.

Short title: extent and .commencc- jnem.

(2) It extends to the whole of the State of Bihar.

(3) It shall be deemed to have come into force on the 26th day of June, 1968.

2. In the Bihar and Orissa Co-operative Societies Act, 1935, after Chap-

ter VI, a new Chapter VI-A shall be inserted as follows: —

• Insertion of a new Chapter in Bihar and Orissa Act VI of 1935.

"CHAPTER VI-A

LAND DEVELOPMENT BANKS

44-A. In this Chapter, unless the context otherwise requires,—

Definitions.

(a) 'Board' means the managing committee of the State Co-

operative Land Development Bank;

(b) 'Land Development Bank' includes the State Co-opera- tive Land Development Bank and the Primary Co-operative Land Development Bank;

(c) 'prescribed' means prescribed by rules made under this

Chapter;

(d) 'Primary Co-operative Land Development Bank¹ means

a registered society of that name;

(e) 'State Co-operative Land Development Bank' means a registered society of that name, registered under section 11, and in- cludes the Bihar State Co-operative Land Mortgage Bank Ltd. registered as such under section 11;

(f) 'Trustee' means the Trustee referred to in section 44-C,

44-B. The provisions of this Chapter shall apply to Land Develop- ment Banks advancing lonns for all or any of the purposes herein enumerated, that is to say—

Application of Chapter to Land Develop- ment Banks.

(i) land improvement and productive purposes;

(ii) the redemption of mortgages on lands;

(Hi) the redemption of mortgages on other valuable im- movable property subject to such conditions as may be prescribed;

(iv) the liquidation of debts of agriculturists subject to such

restrictions as may be prescribed;

(v) the purchase or acquisition of title to agricultural lands

bv tenants; or

(vi) the erection, rebiiilding or repairing of houses for agri-

cultural purposes,

Explanation.—'Land improvement and productive purposes' means any work, construction or activity which adds to the produc- tivity of the land, and, in particular, includes the following, that is to say—•

(a) construction and repair of wells (including tube-wells), tanks and other works for the stnrR"j supply or distribution of

water for the purpose of agriculture or for the use of men and cattle employed in agriculture;

(b) renewal or reconstruction of any of the foregoing works;

(c) preparation of land for irrigation;

(d) drainage, reclamation from rivers or other waters or protection from floods or from erosion or other damage by water, of land used for agricultural purposes or waste land which is cultivable:

(c) bunding and similar improvements;

(f) reclamation, clearance and enclosure or permanent im- provement of land for agricultural purposes;

(gr) horticulture;

(h) purchase of oil-engines, pumping sets and electrical motors for any of the purposes mentioned herein;

(i) purchase of tractors or other agricultural machinery;

(j) increase of the productive capacity of land by addition to it of special variety of soil;

(fc) construction of permanent farm-house, cattle-sheds and sheds for processing of agricultural produce at any stage;

(I) purchase of machinery for crushing sugarcane, manu- facturing Gur or Khandsari sugar or sugar;

(m) purchase of land for consolidation of holdings;

(n) digging canals; and

(o) such other purposes as the State Government may,, from time to time, by notification in the Official Gazette, declare to be improvement or productive purpose for the purposes of this Chapter.

Appointment of Trustee and his powers and functions.

44-C. (i) The Registrar, or where the State Government appoint any other person in this behalf, such person shall be the Trustee for the purpose of securing the fulfilment of the obligations of the State Co-operative Land Development Bank to the holders of deben- tures issued by the Board.

(2) The powers and functions of the Trustee shall be governed by the provisions of this Chapter and by the instrument of trust executed between the State Co-operative Land Development Bank and the Trustee, as modified from time to time by mutual agreement between the Board and the Trustee.

ft Trustee to

bo a corpo- '•- ration sole.

44-D. The Trustee shall be a corporation sole by the name of thi Trustee for the debentures and as such shall have perpetual succes sion ant 1 a common seal and in his corporate name may sue and bi sued.

^ Issue of

debentures 1 by the Board 44-E. (1) With the previous sanction of the Trustee, and subjec to such terms and conditions as he may impose, the Board may, fron time to time, issue debentures of such denominations for such periods aa it may deem expedient on the security of the mortgages held, 01 mortgages partly held and partly to be acquired and either trans- ferred or deemed to have been transferred, under the provisions oi section 44-J, to the State Co-operative Land Development Bank and other properties of such a Bank.

(2) Such debentures may contain a term fixing a period not exceeding thirty years, from the date of issue, during which they shall be irredeemable, or reserving to the Board the right to call in at any time any of the debentures in advance of the date fixed for redemption, after giving to the debenture-holders concerned not less than three months' notice in writing.

(3) The total amount due on the debentures issued by the Board including those issued before the commencement of the Bihar Co- operative Societies (Amendment) Act, 1970 and outstanding at any time shall not exceed the aggregate of—

(a) the amounts due on the mortgage;

(b) the value of the properties and other assets transferred or deemed to have been transferred under section 44-J to the State Co-operative Land Development Bank and subsisting at such time; and

(c) the amounts paid under the mortgages aforesaid and remaining in the hands of the Board or of the Trustee at that time.

(4) Debentures in excess of the limit specified in sub-section (3)

may be issued with permission of the Trustee.

Vesting of mortgaged property in the Trustee and floitiJijt charge of debenture- holders.

44-F. Upon the issue of debentures under the provisions of sec- tion 44-E, the mortgages, properties and other assets, referred to in sub-section (3) of that section, held by the State Co-operative Land Development Bank shall vest in the Trustee, and the holders of debentures shall have floating charge on all such mortgages, properties and assets and on the amount paid under such mortgages and re- maining in the hands of the State Co-operative Land Development Bank or of the Trustee.

44-G. (1) The State Government may, if in their opinion it is necessary in the public interest so to do, and subject to such terms and conditions as the State Government may think fit to impose, guarantee the principal of and interest on the debentures issued by the Board, including debentures, if any, Issued prior ta the com-

Guarantee by State Government Of principal and intcrcit on deben- tures.

mencement of the Bihar Co-operative Societies (Amendment) Act, 1970 subject to such maximum amount as may be fixed by the State Government.

(2) The State Government may, subject to the provisions of any Act in that regard, increase the maximum amount of any guarantee given under sub-section (1).

Priority of mortgage over claims.

[9 of 1HS3.

12 Of 1884.

44-H. (I) A mortgage executed in favour of a Land Development Bank shall have priority over any claim of the State Government arising from a loan, under the Land Improvement Loans Act, 1883 or the Agriculturists' Loans Act, 1884 or any other law for the time being in force, granted subsequent to the execution of the mortgage.

(2) A mortgage executed in iavour of a Land Development Bank shall have priority also over the claim of any other person arising out ot a mortgage of any description executed or any other charge created, after the issue of a public notice under section 44-0 in res- pect of the property of the loanee specified in the said public notice,

Bihar Art XII of 1962.

Right of Land De- velopment Bank to purchase mortgaged property.

44-1. Notwithstanding the provisions contained in the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 but subject to any tenancy law for the time being in force, it shall be lawful for Land Development Bank to purchase any mortgaged property sold under this Chapter, and the property so purchased shall be disposed of by such bank by sale within such period as may be fixed by the Trustee:

Bthar Act XII of 1962.

Provided that a purchaser of such mortgaged property from a Land Development Bank shall purchase it subject to the provisions of the Bihar Land Reform,? (Fixation of Coiling Area and Acquisi- tion of Surplus Land) Act, 1961.

Mortgagee executed in favour of Land De- velopment Bank to stand vested in Trustee.

44-J. The mortgages executed in favour of and all other assets transferred to the State Co-operative Land Development Bank by its members, either before or after the commencement of the Bihar Co- operative Societies (Amendment) Act, 1970 shall vest in the Trustee with effect from the date of such execution or transfer and likewise mortgages or transfer of assets in favour of a Primary Co-operative Land Development Bank by its members shall be deemed to have been transferred to the State Co-operative Land Development Bank and shall vest in the Trustee.

44-K. Notwithstanding that a mortgage executed in favour of a Primary Land Development Bank has been transferred or is deemed under the provisions of section 44-J, to have been transferred to the State Co-operative Land Development Bank—

Power of Primary Land De- velopment Bank to receive moneys and gram dis- charge.

(a) all moneys due under the mortgage shall, in the absence of any specific direction to the contrary issued by the Board or Trustee and communicated to the mortgagor, be payable to the

Primary Land Development Bank and such payment shall be as valid aw ii the mortgages had not buen so transferred; and

(b) the Primary Land Development Bank shall, in the absence of any specific direction to the contrary, issued by the Board or Trustee and communicated to the Primary Land Deve- lopment Bank, be entitled to sue on the mortgage or take any other proceeding, including a proceeding under this Act, for the recovery of the moneys due under the mortgage.

6i of 1908.

Registra- tion of mortgage in favour c f Land De- velopment Bank.

44-L. Notwithstanding anything contained in the Indian Regis- tration Act, 1908 it shall not be necessary to register mortgages executed in favour of a Land Development Bank, provided that the Land Development Bank concerned sends within such time and in such manner as may be prescribed a copy of the instrument whereby immovable property is mortgaged for the purpose of securing repay- ment of the loan to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the property mortgaged is situate, and such Registering Officer shall file a copy or copies as the case may be in his Book No. I prescribed under section 51 of the Indian Registration Act, 1908,

4 of 1882.

Power of Land De- velopment Bants to Pay prior debts of mortgagors and secure consequen- tial reliefs.

44-M. {1) Where a mortgage is executed in favour of a Land Development Bank for payment of prior debts of the mortgagor, such Bank may, notwithstanding anything contained in the Transfer of Property Act, 1882 by such notice in writing as may be prescribed, require any person to whom any such debt is due to receive pay- ment of such debt or part thereof from the Bank at its registered office or any of its branch offices within such period as may be specified in the notice.

(2) Where any such person fails to receive such notice or such payment, such debt or part thereof, as the case may be, shall cease to carry interest from the expiration of the period specified in the notice:

Provided that where there is a dispute as regards the amount of any such debt, the person to whom such debt is due may refer the dispute to Registerar for decision in accordance with provisions of section 48:

Provided further that the person to whom such debt is due shall, pending the decision in the dispute, be bound to receive payment of the amount offered by the Land Development Bank towards the debt but such receipts shall not prejudice the right, if any, of such person to recover the balance claimed by him.

(3) Where a notice has been served under sub-section (I) on any person for receiving payment of his dues, such person shall be bound to deliver possession, to the mortgagor, of any property held

in usufructuary mortgage for the debts due on or before the date specified in the aforesaid notice:

Provided that he may deliver possession of any agricultural land after harvesting of the standing crop, if any, and in such an event he shall be entitled to receive the amount due to him from the Land Development Bank on the date of delivery of possession given to the mortgagor,

(4) Where a person holding any property in usufructuary mortgage refuses delivery of possession in the manner indicated in sub-section (3), the Collector shall, on an application of the Land Development Bank made in this behalf, after making a summary enquiry eject the mortgagee and restore the mortgaged land to the mortgagor and the mortgage shall thereupon be deemed to have terminated.

(5) The provisions of this section shall be subject to any tenancy laws for the time being in force.

44-N. Subject to the provisions of this Act and in accordance with the rules made thereunder, it shall be competent for a Land Development Bank to advance loans for the purposes referred to in section 44-B and to hold lands the possession of which is transferred to it under the provisions of this Chapter.

Powers of Land De- velopment Banks to advance loans and to hold lands.

Public notice for entertain- ing objection.

44-0 (1) When an application for a loan is made for any of the purposes mentioned in section 44-B, a public notice shall be given, of the application in such manner and form as may be prescribed, calling upon all persons interested to make their objections to the loan, if any, before the date specified therein. The person by whom such public notice shall be given and the manner in which the ob- jection shall be disposed oi' by him, shall b^ such as may be pres- cribed. Copies of such public notice shall also be sent separately to such persons and within such time as may be prescribed.

(2) The person empowered to give notice under sub-section (1) shall consider every objection made under that sub-section and pass an order in writing either upholding or overruling it. When the objection is overruled, he shall recommend the application to the Land Development Bank for its consideration:

Provided that when the question raised by an objection is, in the opinion of such person, one of such a nature that it cannot be satisfactorily decided except by a Civil Court, he shall postpone the consideration of the application until the question has been so decided.

(3) A notice under sub-section (2), published in the manner prescribed, shall for the purpose of this Act, be deemed to be proper

notice to all persons having or claiming interest in the land to be improved, or offered as security for the loan.

(4) Where an application is recommended under sub-section (2), the Land Development Bank shall, in accordance with the rules made by it in this behalf, consider such application for the purpose of making the loan.

(5) Where no objection under sub-section (1) has been made, the questions at issue shall be decided by the person empowered to consider objections in such manner as he may deem proper and no person shall have any claim whatsoever including any claim arising out of a mortgage, of any description against the property of the loanee for which the loan applied for is sanctioned, under the provi- sions of this Chapter, until such time as the loan together with inte- rest thereon or any other dues arising out of the loan are paid in full.

44-P. (1) Mortgages, in respect of loans by a Land Development Bank either before or after the commencement of the Bihar Co- operative Societies (Amendment) Act, 1970, by the Manager of a Hindu joint family or the natural or legal guardian of a minor or disabled person for any of the purposes specified in section 44-B, shall be binding on every member of such Hindu joint family, or such minor or disabled person, notwithstanding any law to the contrary.

Mortgage ;xccutcd by managers of Hindu joint families or natural or legal guard- ians of minors or disabled persons.

(2) Subject to the provision of sub-section (1), where a mortgage executed in favour of a Land Development Bank, either before or after the commencement of the Bihar Co-operative Societies (Amend- ment) Act, 1970, is called in question on the ground that it was executed by the Manager of a Hindu joint family or a natural or legal guardian of a minor or disabled person for a purpose not bind- ing on the members of such Hindu joint family or such minor or disabled person, the burden of proving the same shall, notwithstand- ing any law to the contrary, lie on the party alleging it.

44-Q. A written order by the Land Development Ban!;,

or managing committees authorised by this Chapter, or under the bye-laws of the bank to make loans for all or anv of the purposes specified in section 44-B, granting either before or after the com- mencement of the Bihar Co-operative Societies (Amendment) Act, 1970 a loan to or with the consent of a person mentioned therein for the benefit of the land or for the productive purpose specified therein, shall be conclusive of the following matters, namely:—

(a) that the work described or the purpose for which the loan is granted, is an improvement or productive purpose, as the case may be, within the meaning of section 44-B;

(b) that the person had on the date of the order a right to make such improvement or incur expenditure for such produc- tive purpose, as the case may be; and

(c) that the improvement is one benefiting the land specified and the productive purpose concerns the land offered as security or any part thereof as may be relevant.

Recovery of IO&IIH by Land De- velopment Bank.

44-R. Any loan granted by a Land Development Bank, includ- ing any interest chargeable thereon and such cost, if any, as mav be prescribed incurred in connection therewith shall, when they become due, be recoverable by the bank concerned:

Provided that such loan, interest or cost may be recoverable also by the State Co-operative Land Development Bank even if the loan has been granted by a Primary Co-operative Land Development Bank affiliated to it.

Collector to make recoveries during certain period.

44-S. (1) During such period as the State Government may, by general or special order, notify in the Official Gazette, it shall be competent for the Collector, on application being made to him in this behalf by a Land Development Bank, to recover all sums due to the Bank, including the cost of such recovery.

(2) The Collector or any person specially authorised by him in this behalf, shall recover all sums due to a Land Development Bank in the following order and manner, namely: —

(a) from the borrower as if they were arrears of land re- venue due by him;

(b) out of the land for the benefit of which the loan has been granted as if they were arrears of land revenue in respect of that land;

(c) from a surety, if any, as if they were arrears of land revenue due by him; and

(d) out of the property comprised in fhv collateral security, if any, according to the procedure for the realisation of land re- venue by the sale of immovable property other thin the land on which the revenue is due.

(3) The provisions of this section thall b - subject to any tenancy law for the time being in force.

Distraint and sale.

44-T. (1) If any instalment payable under a mortgage executed in favour of a Land Development Bank or any part of such instal- ment has remained unpaid for more than one month from the date on which it fell due, the managing committee of such a bank or the Board may, in addition to any other remedy available to the Bank, apply to the Registrar for the recovery of such instalment or part thereof by distraint and sale of the produce of the mortgaged land, including the standing crops thereon, and any other movable property of the defaulter in the manner prescribed. On receipt of such ap- plication, the Registrar may, after giving registered notice to the

4 of 1882.

mortgagor, notwithstanding anything contained in the "Transfer of Property Act, 1882 direct distraint and sale of such produce and, if necessary, also of such other movable property of the defaulter:

Provided that such implements oi- husbandry other than the implements mortgaged to the Land Development Bank, and such cattle of the defaulter as may, in the opinion of the Registrar, be necessary to enable the defaulter to earn his livelihood as an agri- culturist shall not be liable for such distraint and sale:

Provided further that no such distraint shall be made after the expiry of twelve months from the date on which the instalment fell due.

(2) The value of the property distrained shall be, as far as may be, equal to the amount due, and th" expenses of th" distraint and the costs of the sale.

4 of 1882.

Powers of

sale when

to be exer-

cised.

44-U. (I) Notwithstanding anything contained in the Transfer of Property Act, 1882, where a power of sale without the interven- tion of the court is expressly conferred on a Land Development Bank by the mortgage deed, the managing committee of such bank or the Board or any person authorised by such managing committee or the Board in this behalf shall, in case of default of payment of mortgage money or any part thereof, have power, in addition to any other re- medy available to the bank, to bring the mortgaged property to sale without the intervention of the court.

(2) No such power shall be exercised unless and until—

(a) the Board has previously authorised the exercise of the power conferred by sub-section (1) after considering the repre- sentation, if any, of the mortgagor;

(b) the registered notice requiring payment of such mortgage

money or part thereof has been served upon—

(i) the mortgagor;

(ii) any person who has any interest in, or charg* upon, the property mortgaged or in or upon the right to redeem the same;

(iti) any surety for the payment of the mortgage debt

or any part thereof; and

(iv) any creditor of the mortgagor who has in a suit for the administration of his estate obtained a decree for sale of the mortgaged property; and

(c) default has been made, in payment of such mortgage- money or part thereof, for three months after service of notice in this behalf.

powers of

Land De-

velopment

Bank where

mortgaged

property

is destroyed

or security

becomes in-

lufflci cnt.

44-V. Where any property mortgaged to a Land Development Bank is wholly or partialy destroyed or for any reason the security is rendered insufficient and the mortgagor, having been given a rea- sonable opportunity, by the managing committee of the said bank or the Board, of providing further security enough to make the whole security sufficient or of repaying such portion of the loan aa may he determined by the managing committee or the Board, has failed

to provide such security or to repay such portion of the loan, the Whole of the loan shall, notwithstanding its terms and conditions, be deemed to fall due at once and the managing committee or the Board shall be entitled to take action against the mortgagor, under section 44-S or section 44-T or section 44-U, for the recovery thereof.

Explanation.—For the purpose of this section, security shall be deemed to be insufficient unless the value of the mortgaged property, including improvement thereon, exceeds the amount for the time being, due on the mortgage by such proportion as may be specified in the rules or the bye-laws of the Land Development Bank.

power of the Board r,r Trustee to take ac- tion against delaulterS.

44-W. (I) The Board or the Trustee may direct the managing committee of a Primary Co-operative Land Development Bank to take action against a defaulter under section 44-S, 44-T, 44-U or 44-V and it the managing committee neglects or fails to do so, the Board or the Trustee may take such action. The Trustee may direct the Board to take similar action against a defaulter and on the Board's neglect or failure to do so, may take such action himself.

(2) Where an action is taken under the provisions of sub-section (I) by the Board, the provisions of this Chapter or any rules made in pursuance thereof shall apply as if all references therein to a Primary Co-operative Land Development Bank and its managing committee were references to the State Co-operative Land Develop- ment Bank and the Board.

(3) Where an action is taken under the provisions of sub-section (1) by the Trustee, the provisions of this Chapter or any rules made in pursuance thereof shall apply as if all references therein to Pri- mary Co-operative Land Development Bank or its managing com- mittee or the State Co-operative Land Development Bank or the Board were references to the Trustee.

confirmation Of sale.

44-X. (2) Where any mortgaged property is sold under the pro- visions of section 44-U by a Primary Land Development Bank, the Bank shall, in the manner prescribed, submit to the State Co-opera- tive Land Development Bank and the Registrar a report setting forth the manner in which the sale has been effected and the result of the sale. Where the sale is made by the State Co-operative Land Development Bank or the Trustee and the Trustee is a person other than the Registrar, similar report shall be submitted by the Board or the Trustee, as the case may be, to the Registrar.

(2) After the report aforesaid has been submitted to the R'egis- trar, the managing committee of a Primary Co-operative Land Deve- lopments Bank or the Board or the Trustee, as the case may be, may with the approval of the Registrar, confirm or cancel the sale within one hundred and twenty days of the date of sale.

(3) Where the Registrar is the Trustee and has taken action pursuant to sub-section (I) of section 44-W, he may confirm or can- cel the sale of the mortgaged property of his own motion or on the application of a Land Development Bank within one hundred and twenty days from the date of sale.

CO Upon the mortgagor or any person having a right, title 01 interest in the mortgaged property applying to the managing com- mittee of a Land Development Bank or the Board or the Trustee or the Registrar, as the case may be, for setting aside the sale after hav- ing deposited at the office of the Land Development Bank concerned such sums of money as may be sufficient for payment of the amount specified in the notice served under clause (b) of sub-section (2) of section 44-U together with subsequent interest and costs, if eny, in- curred during the process of sale and a commission, for payment to the purchaser, of a sum equal to five per cent of the purchase money deposited by him, the sale of the mortgaged property shall be can- celled under the provisions of sub-section (2) or (3) of this section.

(5) When sale is confirmed under the provisions of this section

5 of 1908.

it shall become absolute and shall be deemed to be absolute for the purpose of the Code of Civil Procedure, 1908.

44-Y. (2) The proceeds of the sale, effected under this Chapter, Disposal of salc- procceds.

shall be applied first to the payment of all costs, charges and expenses incurred in connection with the sale or attempted sale, secondly to the payment of any or all interest due on account of the mortgage in consequence whereof the mortgaged property was sold, and, thirdly to the payment of the principal due on account of the mortgage in- cluding costs and charges incidental to the recovery.

(2) If there remains any residue from the proceeds of sale, re- ferred to under sub-section (1), the same shall be paid to the per- son proving himself interested in the property sold, or if there are more such persons than one to such persons upon their joint receipt or according to their respective interest therein:

Provided that, before such payments are made, the unsecured dues owing from the mortgagor to the Land Development Bank may be adjusted,

Certificates of purchase, ichvery of property uid title 3f pur- ;huscir.

16 of 1908,

44-Z. (1) Where a sale of mortgaged property has become abso- ' lute, the Bank shall grant a certificate to the purchaser, in the pres- ', cribed form, specifying the property sold, the sale-proceeds, the date 1 of its sale, the name of the person who at the time of the sale is dec- ', liared to be the purchaser, and the rhte on which the sale became ' absolute, and upon the production of such certificate, the Sub-Regis- trar appointed under the Indian Registration Act, 1908 within the limits of whose jurisdiction the whole or any part of the property specified in the certificate is situated shall enter a copy of such cer- tificate in his relevant book rniintained for such purpose.

(2) Where a mortgaged property is sold under the provisions of this Chapter and a certificate is granted to the purchaser under the provisions of sub-spction (I), the Collector shall on the application of the purchaser, his heir or successor-in-interest, order delivery of possession to be made to such p person and shall put in possession such a person or his nominee.

44-AA. Where any property is sold in exercise of power of sale under this Chapter, the title of th* purchaser shall not be questioned on the ground that—

Tide of purchaser not to bo questioned on ground of irregula- rities, etc.

(a) the circumstances required for authorising the sale had not arisen,

(b) due notice of the sale was not given, or

(c) the power of sale was otherwise improperly or irregu- larly exercised,

but any person who has suffered any damage by an unauthorised, improper or irregular exercise of such power is entitled to have a remedy in damage against the Land Development Bank.

Mortgage not to be questioned on insol- vency of mortgagors.

44-AB. Notwithstanding anything in any law relating to insol- vency, a mortgage executed in favour of a Land Development Bank shall not be called in question on the ground that it was not exe- cuted in good faith for valuable consideration or on the ground that it was executed in order to give the Land Development Bank a pre- ference over the other creditors of the mortgagor.

Appoint- ment of receiver and powers.

44-AC. (1) The Board mav, of its own motion or on the appli- cation of a Primary Land Development Bank and under circums- tances in which the Dower of sale conferred bv section 44-U may be exercised, appoint in writing a person other than a member of the managing committee of the Land Development Bank concerned to be the receiver of the produce and income of the mortgaged property or any part thereof and such receiver shall be entitled either to take possession of the property or collect its produce and income, or both, as the ease may be, to retain out of anv money realised by him his expenses of management including his remuneration, if anv, as fixed by the Boiard and to apply the balance in accordance with the pro- visions of sub-section (8) of section 69-A of thp Transfer of Property Act, 1882.

4 of 1882.

(2) The Board may, for sufficient cause, remove such receiver on an application made by the mortgagor and fill the vacancy in the office of the receiver.

(3) Nothing in this section shall empower the Board to appoint a receiver where the mortgaged propertv is alreadv in the possession of a receiver appointed by a competent court.

4 of i832.

Restriction in lessees.

44-AD. (1) Notwithstanding anvthlnp contained in the Transfer of Property Act, 1882 or anv other law for the time being in force, no mortgagor of prorjertv mortgaged to a Land Development Bank shalT, except with the prior consent In writing of thp bank and subject to such terms and condition¹? as the bank mav imnos<\ lease or create any tenancy rights or any other rlijht. titlp or Interest in anv such property:

Provided that, the rights of the Land Development Bank shall be enforceable against the lessee or the tenant, or any other person as the case may be, as if he himself were a mortgagor.

(2) Where the land, mortgaged with possession to a Land Deve- lopment Bank, is in actual possession of a tenant, the mortgagor or the Land Development Bank shall give notice to fie tenant to pay rent to the Land Development Bank during the currency of the lease and the mortgage and on such notice being given, the tenant shall be deemed to have attorned to the Land Development Bank.

44-AE. (1) Notwithstanding anything in the Indian Registration

16 of 1908.

Registration if docu- nents execu- ted on be- tialf of a Land De- relopmcnt Bant.

Act, 1908, it shall not be necessary for any officer of a Land Deve- lopment Bank to appear in person or by any agent at any registra- tion office in any proceedings connected with the registration of any instrument executed by him in his official capacity or to sign as pro- vided in section 58 of that Act.

(2) Where any instrument is so executed, the Registering Officer to whom such instrument is presented for registration may, if he thinks fit, refer to the aforesaid officer of the Land Development Bank for any information in respect thereof, and on being satisfied of the execution thereof, shall register the instrument.

Delegation of certain powers by Board.

44-AF. The Board, if it thinks fit, may delegate all or any of its powers under section 44-U, 44-W, 44-X or 44-AC to an Executive Committee consisting of three or more of its members constituted by it.

4 of 1882.

44-AG The provisions of sections 102 and 103 of the Transfer of Property Act, 1882 and of any rule made by the High Court under section 104 of that Act for carrying out the purposes of the said sec- tions, shall apply so far as may be, in respect of all notices to be serv- ed under this Chapter.

Provisions of the Transfer of Property Act, 1882 to apply to notices under this Chapter.

44-AH. Subject to the provisions of this Act, the Board shall have such powers of supervision over the Primary Co-operative Land Development Banks, including powers of inspection of account- books and proceedings of such banks, as may be prescribe by rules,

Board's power of supervision over Pri- mary Co. operative Land De- velopment Banks.

Power to mike rulei.

44-AI. (I) The State Government may, after previous publica- tion, make rules for carrying into effect the purposes of this Chapter,

(2) Such rules may provide for all or any of the following mat-

ters, namely:—

(a) the manner of effecting distraint under this Chapter, the custody, preservation and sale of distrained property; immediate sale of perishable articles where such articles are distrained;

(b) conduct of the sale of the property mortgaged to Land Development Banks, appointment of sale officer's, recovery Of expenses of such sale, deposit of the purchase money in connec- tion therewith and re-sale of the mortgaged property where pur- chase money is not deposited in sale proceedings;

(c) submission of returns and reports by Primary Co-opera- tive Land Development Banks to the State Co-operative Land Development Bank in respect of their transactions, periodical statement of accounts between the Primary Co-operative Land Development Banks and the State Co-operative Land Develop- ment Bank, payment of amounts recovered by the Primary Co- operative Land Development Banks on mortgages transferred to the State Co-operative Land Development Bank, the form in which application to Land Development Banks for loans may be made, the properties offered as security for such loans, the invest- ment of moneys realised by Land Dpvelopment Bnnks from the mortgagors and matters generally relating to the conduct of business of Land Development Banks; and

(d) all matters expressly required or allowed in this Chapter to be prescribed by rules.".

3 Notwithstanding the expiration of the Bihar Co-operative Socie- Savings and validation.

Bihar Ordinance Kllof ic 68.

Bihar Ordinance [I of 1968.

ties Third (Amendment) Ordinance, 1968. all actions taken and things 1 done (including rules or orders made, notifications or notices issued, loans ' granted, mortgage deeds or other instruments executed and any rights, privileges, obligations or liabilities acquired, accrued or incurred in con- nection therewith) during the period commencing from the promulga- tion of the Bihar Co-operative Societies (Amendment) Ordinance, 1968, and ending with the commencement of the Bihar Co-operative Societies ] (Amendment) Act, 1970, shall be deemed to have been validly done or ' taken as if this Act had been in force tat all material times.

V. V. GIHI,

President.

N. D. P. NAMBOODIRIPAD,

Joint Secy, to the Govt. of India

Reasons for thr rnactrTrnt

The importance of advancing long-term loans, through the medium of the Land Development Banks, has quite Increased. In this direction f big programme has been adopted. But the loaning procedure of the Land Development Bank is based on the mortgages of land for speedy execution of which the existing Co-operative Law needs amendments. Pome progressive States have achieved this objective by inserting a spe- cial Chapter to their (""o-operative Societies Acts Accordingly, an ap- propriate Chapter was added to the Bihar and Orissa Co-operative

Societies Act, 1935 by promulgation of the Bihar Co-operative Societies (Amendment) Ordinance, 1968 (Bihar Ordinance II of 1968) the Bihar Co- operative Societies (Second Amendment) Ordinance, 1968 (Bihar Ordi- nance V of 1968), and the Bihar Co-operative Societies Third (Amend- ment) Ordinance, 1968 (Bihar Ordinance XII of 1968).

2. Though a Bill to replace the Bihar Co-operative Societies Third (Amendment) Ordinance, 1968 was introduced in the Bihar State Legis- lature, it could not be passed into Jaw due to the dissolution of the State Legislative Assembly, consequent on the Presidential Proclamation, dated 29th June, 1968.

3. Subsequently, in view of the oncoming mid-term polls in the State of Bihar, it was not considered, then, necessary to enact President's Act for replacing the Bihar Ordinance XII of 1968. Thereafter, before that Ordinance could be replaced by the Act of the State Legislature, the State Legislature was suspended by the Proclamation of the Vice-Presi- dent, acting as President, dated 4th July, 1969

4. The proposed measure seeks to replace the Bihar Co-operative So- cieties Third (Amendment) Ordinance, 1968 (Bihar Ordinance XII of 1968).

5. The Committee constituted under the proviso to sub-section (2) of section 3 of the Bihar State Legislature (Delegation of Powers) Act, 1969 (32 of 1969) has been consulted before the enactment of- this meabure as a President's Act.

M. A. QURAISHI,

Addl. Secy, to the Govt. of India,

Ministry of Food, Agriculture,

Community Development and

Co-operation.

PRINTED BY THE GENERAL MANAUEH, GOVERNMENT OF INDIA PRESS, MINTO ROAD,

NEW DELHI AND PUBLISHED BY 1HE MANAGER OF PUBLICATIONS, DELHI 1970