THE BIHAR LAND TRIBUNAL ACT, 2009

{
    "id": 314,
    "slug": "bihar-land-tribunal-act-2009",
    "title": "THE BIHAR LAND TRIBUNAL ACT, 2009",
    "short_title": "The Bihar Land Tribunal Act, 2009",
    "act_number": "9",
    "act_year": 2009,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "unknown",
    "enactment_date": "2009-09-01",
    "description": "The Bihar Land Tribunal Act, 2009",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "AN\nACT\nTo provide for the constitution of a Land Tribunal in the State of Bihar.\nWHEREAS, a large number of land disputes are pending before various courts in the State of Bihar and the existing machinery including civil courts is heavily burdened due to the large number of pending disputes relating to land;\nWHEREAS, the rights, title and possession over land are regulated by various land laws prevalent in the State of Bihar;\nWHEREAS, various land laws provide for different courts for adjudication of disputes;\nWHEREAS, the State Government is faced with complexities arising out of the multiplicity of judicial machinery and delay in the resolution of disputes;\nBE it enacted by the Legislature of the State of Bihar in the sixtieth year of the Republic of India as follows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "1. Short title, extent and commencement.-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1(1)",
            "chapter": null,
            "content": "(1) This Act may be called The Bihar Land Tribunal Act, 2009.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "(2) It extends to the whole of the State of Bihar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Section 2. Definitions",
            "chapter": null,
            "content": "2. Definitions.- In this Act, unless the context otherwise requires,-",
            "footnote": "",
            "is_definition": true,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "Section 2(a)",
            "chapter": null,
            "content": "(a) \"Act\" means the Bihar Land Tribunal Act, 2009;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2(b)",
            "chapter": null,
            "content": "(b) \"Chairman\" means the Chairman of the Bihar Land Tribunal;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2(c)",
            "chapter": null,
            "content": "(c) \"Government\" means the Government of Bihar;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(d)",
            "chapter": null,
            "content": "(d) \"Member\" means a Member of the Bihar Land Tribunal;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2(e)",
            "chapter": null,
            "content": "(e) \"Notification\" means a notification published in the Bihar Gazette;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2(f)",
            "chapter": null,
            "content": "(f) \"Prescribed\" means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": true,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Section 2(g)",
            "chapter": null,
            "content": "(g) \"Tribunal\" means the Bihar Land Tribunal constituted under section 3 of this Act.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 120
        },
        {
            "number": "3",
            "title": "Section 3. Constitution of the Tribunal",
            "chapter": null,
            "content": "3. Constitution of the Tribunal.- (1) The Government shall, by notification, constitute for the State a Tribunal to be called the Bihar Land Tribunal.\n(2) The Tribunal shall consist of a Chairman and such number of Judicial and Administrative Members as may be determined by the Government from time to time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "4",
            "title": "Section 4. Qualifications for appointment of Chairman and Members",
            "chapter": null,
            "content": "4. Qualifications for appointment of Chairman and Members.- (1) No person shall be qualified for appointment as Chairman unless he is or has been a Judge of the High Court.\n(2) No person shall be qualified for appointment as a Judicial Member unless he is or has been a District Judge for at least three years.\n(3) No person shall be qualified for appointment as an Administrative Member unless he is or has been an officer of the Government not below the rank of a Secretary to the Government or equivalent post having experience in land revenue administration for at least two years.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "5",
            "title": "Section 5. Term of office and conditions of service",
            "chapter": null,
            "content": "5. Term of office and conditions of service.- (1) The Chairman and every Member shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier.\n(2) The salaries, allowances and other conditions of service of the Chairman and Members shall be such as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "6",
            "title": "Section 6. Resignation and removal",
            "chapter": null,
            "content": "6. Resignation and removal.- (1) The Chairman or any Member may, by notice in writing under his hand addressed to the Government, resign his office.\n(2) The Chairman or any Member shall not be removed from his office except by an order made by the Government on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the High Court in the prescribed manner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "7",
            "title": "Section 7. Staff of the Tribunal",
            "chapter": null,
            "content": "7. Staff of the Tribunal.- (1) The Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.\n(2) The salaries, allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "8",
            "title": "Section 8. Jurisdiction, powers and authority of the Tribunal",
            "chapter": null,
            "content": "8. Jurisdiction, powers and authority of the Tribunal.- (1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise any jurisdiction, powers and authority which were exercisable immediately before the commencement of this Act by the Board of Revenue, the Commissioner, the Collector or any other authority subordinate to the Government under the specified land laws.\n(2) The specified land laws shall include such laws as are mentioned in the Schedule to this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "9",
            "title": "Section 9. Powers of the Tribunal to regulate its own procedure",
            "chapter": null,
            "content": "9. Powers of the Tribunal to regulate its own procedure.- (1) The Tribunal shall have power to regulate its own procedure and the conduct of its business.\n(2) For the purpose of discharging its functions under this Act, the Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters, namely:-\n(a) summoning and enforcing the attendance of any person and examining him on oath;\n(b) requiring the discovery and production of documents;\n(c) receiving evidence on affidavits;\n(d) requisitioning any public record or copy thereof from any court or office;\n(e) issuing commissions for the examination of witnesses or documents;\n(f) any other matter which may be prescribed.",
            "footnote": "5 of 1908",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "10",
            "title": "Section 10. Benches of the Tribunal",
            "chapter": null,
            "content": "10. Benches of the Tribunal.- (1) The jurisdiction, powers and authority of the Tribunal may be exercised by Benches thereof.\n(2) A Bench shall consist of the Chairman or a Judicial Member and an Administrative Member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "11",
            "title": "Section 11. Transfer of pending cases",
            "chapter": null,
            "content": "11. Transfer of pending cases.- All cases, revisions, reviews or other proceedings pending before the Board of Revenue, the Commissioner or any other authority under the specified land laws immediately before the constitution of the Tribunal shall stand transferred to the Tribunal on its constitution.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "12",
            "title": "Section 12. Execution of orders of the Tribunal",
            "chapter": null,
            "content": "12. Execution of orders of the Tribunal.- An order made by the Tribunal shall be executable by the Tribunal as a decree of a civil court, and for this purpose, the Tribunal shall have all the powers of a civil court.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "13",
            "title": "Section 13. Appeal and Revision",
            "chapter": null,
            "content": "13. Appeal and Revision.- (1) Any person aggrieved by an order passed by any authority subordinate to the Government under the specified land laws may prefer an appeal or revision to the Tribunal within the prescribed period.\n(2) The Tribunal may, after calling for the records and giving the parties an opportunity of being heard, pass such orders as it thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "14",
            "title": "Section 14. Review",
            "chapter": null,
            "content": "14. Review.- The Tribunal may, either on its own motion or on an application made by any person aggrieved, review any order passed by it on the ground of the discovery of new and important matter or evidence or on account of some mistake or error apparent on the face of the record or for any other sufficient reason.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "15",
            "title": "Section 15. Bar of jurisdiction of civil courts",
            "chapter": null,
            "content": "15. Bar of jurisdiction of civil courts.- Save as otherwise expressly provided in this Act, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Tribunal is empowered by or under this Act to determine.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "16",
            "title": "Section 16. Power of High Court and Supreme Court",
            "chapter": null,
            "content": "16. Power of High Court and Supreme Court.- Save as otherwise expressly provided in this Act, no court, except the Patna High Court and the Supreme Court of India, shall entertain any suit, or other proceeding to set aside, or modify or question the validity of an order or decision passed or taken by an authority under this Act or any rules made thereunder or in respect of any matter falling within the scope of the Tribunal.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "17",
            "title": "Section 17. Members, officers and employees to be public servants",
            "chapter": null,
            "content": "17. Members, officers and employees to be public servants.- The Chairman, Members, officers and other employees of the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).",
            "footnote": "45 of 1860",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "18",
            "title": "Section 18. Protection of action taken in good faith",
            "chapter": null,
            "content": "18. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall be instituted against any person for anything which is in good faith done or intended to be done.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "19",
            "title": "Section 19. Power to remove difficulties",
            "chapter": null,
            "content": "19. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by an order in the Bihar Gazette, make such provisions not inconsistent with the purposes or provisions of this Act as appear to them to be necessary or expedient to remove the difficulty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "20",
            "title": "Section 20. Power to make rules",
            "chapter": null,
            "content": "20. Power to make rules.- The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "21",
            "title": "Section 21. Repeals",
            "chapter": null,
            "content": "21. Repeals.- In view of the provisions of this Act the related provisions of Chapter-XIII of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 are hereby repealed.",
            "footnote": "1961",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "33",
            "title": "Schedule - Specified Land Laws",
            "chapter": null,
            "content": "SCHEDULE\r\n[See section 8]\r\n1. The Bihar Land Reforms Act, 1950 (Bihar Act 30 of 1950).\r\n2. The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Bihar Act 12 of 1962).\r\n3. The Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (Bihar Act 28 of 1975).\r\n4. The Bihar Public Land Encroachment Act, 1956 (Bihar Act 15 of 1956).\r\n5. The Bihar Land Mutation Act, 2011 (Bihar Act 23 of 2011).",
            "footnote": "Bihar Act 30 of 1950; Bihar Act 12 of 1962; Bihar Act 28 of 1975; Bihar Act 15 of 1956; Bihar Act 23 of 2011",
            "is_definition": false,
            "sort_order": 320
        }
    ],
    "metadata": {
        "Act ID": "200909",
        "Act Number": "9",
        "Enactment Date": "2009-09-01",
        "Act Year": "2009",
        "Short Title": "The Bihar Land Tribunal Act, 2009",
        "Department": "Law Department",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:52:24"
}