(1) Sub-rule-(2) of Rule-9 of the said Rules, 2012 is deleted.
(2) Sub-rule-(3) of Rule-9 of the Bihar Special Survey and Settlement Rule-2012 is substituted by the following:- "(a) Such self declaration which could not be verified earlier by the Assistant Settlement Officer, shall be verified by the Khanapuri party on the basis of available records of right such as last Survey Khatiyan, updated khatiyan, consolidation khatiyan, Khesra register, continuous khatiyan, Jamabandi register and other revenue records of right."
19 ǐबहार गजट (असाधारण), 27 माच[ 2019
(3) New sub-rule-(3)(b) is added after sub-rule-3(a) of the Bihar Special Survey and Settlement Rule-2012.
"(b) The khanapuri party, having regard to such facts, shall determine the infrastructure in record of rights, such-as khesra register right of cultivation and ownership shall be as follows:-
(i) Account uptodate ground realities- property based ownership found in course of Land verification and on the basis of papers related to property, position of possession;
(ii) Changes-position of Geographical changes in land plots in due course of time;
(iii) Transfers-Position of ownership on the land/land plots on the basis of land settlement, Bhoodan Praman Patra, sale-purchase, gift, perpetual lease etc. by the Government;
(iv) Sub-division- up to date position of land/Land plots after division of rayati land on the basis of mutually signed consent, on the basis of registered deed and order passed by the civil court in property suit/partition suit.
(4) Provision of Sub-rule-(4) of Rule-9 shall be mentioned as clause (a) and thereafter the following clauses (b), (c) and (d) shall be inserted:- "(b) If concerned raiyat is not found present at the time of spot verification during khanapuri stage, then the Amin shall enter the same in the Yaddast register and proceed serial-wise. If such raiyat makes his presence after fixed due date, then the land details of such raiyat shall be entered by Amin with his signature and date in the yaddast register "Form-3(2)".
Details of revenue records/ documents/evidences shall be entered in the Yaddast register on the basis of which khata has been opened during khanapuri stage in the name of concerned raiyat.
(c) Before initiating khanapuri works, concerned Amin shall prepare pedigree of all raiyats khata-wise on the basis of Terij of khatian under the supervision of Kanoongo. Pedigree shall be prepared of all survey related villages in the presence of general public and assistance will be sought from local public/representatives as per requirement. Signatures will be procured on the pedigree that of raiyats/general people/public representatives. If land is found to have been transferred by the original raiyat or his real heir, then concerned raiyat shall enter his details on the other page of the pedigree. Such prepared pedigree shall be randomly examined by the Assistant Settlement officer also. Share of raiyats shall be determined on the basis of pedigree as per provisions laid down in Hindu Succession Law/Muslim Succession Law or whatever is applicable.
(d) After receipt of information related to khanapuri parcha, concerned raiyat shall file his claim/objection against the entries in Form-8 within maximum of 15 days."