D LAND GOVERNANCE ASSESSMENT FRAMEWORK FOR & BACKGROUND NOTE BDIMENSION IHAR RANKING FINAL STATE REPORT Chandragupt Institute of management patna 4th March, 2014 Chandragupt Institute of Management Patna September, i 2014 [Type the document subtitle] LAND GOVERNANCE ASSESSMENT FRAMEWORK FOR & BACKGROUND NOTE BDIMENSION IHAR RANKING FINAL STATE REPORT State Coordinating Team: Dr. V. Mukunda Das B.L. Mishra Dr. Debabrata Samanta Bidhanesh Misra Chandragupt Institute of Management Patna ii september, 2014 The Land Governance Assessment Framework is an instrument developed by the World Bank and partners, and used in Bihar with a view to assess the current status of land governance in the State and to identify areas and issues which require urgent policy intervention. The LGAF framework consisted of 27 land governance indicators (LGI) that covered a set of 9 themes listed below.  Land Rights Recognition  Forest and Common Land Management  Urban Land Use Planning and Development  Public Land Management  Transfer of Large Tracts of Land to Investors  Public Provision of Land Information  Land Valuation and Taxation  Dispute Resolution  Review of Institutional Arrangements and Policies ‘Dimensions’ with pre-coded statements (on a scale from A to D) were made from each indicator. Accordingly there were 116 dimensions in the LGAF, which were ranked based on actual condition / situation prevailing in the state. The state reports on LGAF contain the following: status of present land governance, strengths and weaknesses. Best practices measures were also suggested to make land governance transparent and effective in Bihar. With these components it is hoped that the state report will help understand the present status as it has followed a widely applicable score which is accepted worldwide. The implications for policy makers, emanating from this are that they should take efforts in improving the situation / factors which received the ranks C and D. It is expected that this effort by policy makers could bring effectiveness and transparency in land governance in Bihar. Similarly the suggested policy prescriptions in the report highlighting short term, medium term and long term measures need to be considered in the context of the set goals. It is hoped that the concerned department will initiate steps to implement all policy prescriptions and monitor the implementation regularly. Dr. V. Mukunda Das Director Chandragupt Institute of Management Patna iii ACKNOWLEDGEMENTS The Land Governance Assessment Framework-State Report prepared by Chandragupt Institute of Management Patna (CIMP) can be regarded as a very useful document on Land Governance in the context of Bihar. A large number of documents were assessed from several offices related to land. Further interviews were conducted with many persons directly or indirectly related to the subject matter – Land. The study team takes this opportunity to acknowledge the support and contribution of all those persons who were directly or indirectly involved in completing the report. The institute acknowledges with thanks all those persons who facilitated the completion of this report. The institute specifically acknowledges the support received from Shri A.K. Sinha, IAS, Chief Secretary, Govt. of Bihar, Shri Vyasji, IAS, Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Hukum Singh Meena, IAS, Secretary, Revenue and Land Reforms Department, Govt. of Bihar, Shri Deepak Kumar, IAS, Principal Secretary, Forest and Environment Department, Govt. of Bihar, Dr. S. Siddharth, IAS, Secretary, Urban Development Department, Govt. of Bihar, IG, Registration Department, Govt. of Bihar and Industrial Development Commissioner, Govt. of Bihar, Managing Director, BIADA who helped us in conduct of this study by way of directing their officials for providing relevant information and clarifying doubts / issues. We are grateful to Dr. C. Ashok Vardhan, IAS, Retired, Chairman, Board of Revenue, Govt. of Bihar who has contributed substantially to complete this study. The Expert Investigators Shri J.K. Jha, Shri Pankaj Kumar Singh, Shri Srinarayan Tiwari, Shri Madan Mohan Deo and Shri Bishwanath Prasad helped in sharing their valuable insights and context analysis. We acknowledge their contribution in the study. The CIMP team comprising Shri B.L. Mishra, Dr. Debabrata Samanta and Shri Bidhanesh Mishra has taken a lot of efforts in data collection, literature review, analysing the data, organizing state level seminars, panel discussions and completing the report in time. The help and support provided by Shri Satya Prakash Sharma who has worked as Nodal Officer of the Revenue and Land Reforms Department, Govt. of Bihar in conduct of this study is also acknowledged. The role played by various panellists in contributing to the ranking process with detailed justifications is also to be appreciated. Among the panellists are CA A.K. Mishra, Ex- Chairman, Institute of Chartered Accountant, Bihar, Shri K.P.S. Kesari, Ex-Chairman, Bihar Industries Association, Amarendra Kumar Sinha, Bihar Administrative Service, Govt. of Bihar, Anju Helen Bara, Assistant Professor, Centre for Development Studies, Central University of Bihar, Dr. Sangeeta Chandra, Assistant Professor, Chanakya National Law University, M.Setti, Farmers’ Club, Ara, Shri Anandi Prasad, Progressive Farmers’ Club, Nalanda and Omkar Kumar Sinha, Progressive Farmers’ Club, Nalanda, Shyam Kishore Jha, Deputy Director, Bihar Judicial Academy, Patna, Gyananad Roy, Senior Advocate, Patna High Court, Rajeev Roy, Advocate, Patna High Court, Dr. PKUS Rama Rao, Lecturer, Chanakya National Law University, Atish Kumar Das, Assistant Professor, Central University of Bihar, Sayan Banerjee, Assistant Professor, Chandragupt Institute of Management Patna, A.K.P Sinha, Secretary General, Bihar Chamber of Commerce and Industries, Patna, Suman Kumar, Chief Administrative Officer, Bihar Industrial Area Development Authority, Abhimany Singh, Land Development Officer, Industrial Development Authority, Nisheeth Jaiswal, Vice President, Bihar Industry Association, Dr. iv S.C Roy, Prof., Chanakya National Law University, Awadhish Kumar, Faculty member, AN Sinha Institute of Social Science, Patna, Aviraj Pandey, Faculty member, AN Sinha Institute of Social Science, Patna, Anuj Sharma, Assistant Professor, Chandragupt Institute of Management Patna, Rajeev Verma, Assistant Professor, Chandragupt Institute of Management Patna, Aviraj Pandey, Faculty member, AN Sinha Institute of Social Science, Patna, Awadhish Kumar, Faculty member, AN Sinha Institute of Social Science, Patna, R. S Chaudhary, Chief Town Planner (Retd.), Govt. of Bihar, Biswashree Chandra, ASSEFA, (Civil Society Organisation, Hari Shankar Singh, Architect, Urban Development and Housing Development Deptt, Govt. of Bihar, Kumar Sarvanand, Architect Planner, Urban Development and Housing Development Deptt, Govt. of Bihar, Dr. Vijaya Bandyopadhyaya, Chandragupt Institute of Management Patna, Anoop Singh, Architect and Consultant, DDF, Sriparna Iyer, Deputy Team Leader, Support Programme for Urban Reforms in Bihar (SPUR), Government of Bihar, N Kumar, Bihar Chambers of Commerce and Industries, Mr. Sachin Chandra, Bihar Industry Association, Anil Kumar Sinha, Bihar Industry Association, Barna ganguli, Assistant Professor, Asian Development Research Institute (ADRI), Patna, Anjan Kumar Verma, Asian Development Research Institute (ADRI), Patna, Manikant, Builders’ Association, Patna, Baruna Nandan Singh, Retired DIG, Registration Department, Government of Bihar, Birendra Kumar Singh, Retired AIG, Registration Department, Government of Bihar and Nanhe Kumar, Builders’ Association, Patna, Baruna Nandan Singh, Retired DIG, Registration Department, Government of Bihar and Birendra Kumar Singh, Retired AIG, Registration Department, Government of Bihar. The LGAF in Bihar is part of a larger initiative. In 2012, the State Governments of Jharkhand, Odisha, West Bengal, Karnataka, and Andhra Pradesh by way of the Department of Land Resources, Ministry of Rural Development, Government of India, have requested the World Bank to support the undertaking of an independent land governance assessment using the LGAF approach. The State of Bihar joined this initiative in October 2013. The six State institutions and LGAF teams are supported by the Technical Advisory Group (TAG), a highly qualified and capable team of nationally recognized experts each covering one of the LGAF thematic areas. The LGAF process and TAG are coordinated by the TAG secretariat, hosted by the Center for Sustainable Development (CSD) in New Delhi. CSD coordinated also the work with DoLR and the World Bank, which has provided financial support and methodological guidance on the use of the LGAF instrument. Last but not the least, I am thankful for entrusting us with the LGAF study. The Institute is happy to record its appreciation to Technical Advisory Group members for the support, advice and guidelines in bringing out this report with quality. Needless to add to this list, our appreciation to the TAG Secretariat, New Delhi for their support and cooperation especially Dr. T. Haque. The State Anchor Smt. Rita Sinha (IAS retired) was a source of motivation and constant guidance. She has taken pains in travelling to Patna for reviewing the report and provided valuable suggestions. I take this opportunity to extend our sincere thanks to Mr. Klaus Deininger, Lead Economist. The study would not have been complete with all the requirements but for the support of Mr. Klaus Deininger, Mr. Shankar Narayanan and Thea Hilhorst from World Bank. Dr. V. Mukunda Das Director Chandragupt Institute of Management Patna v CONTENTS CHAPTER PARTICULARS PAGE No. Foreword iii Acknowledgements iv-v Contents vi-viii List of tables ix-x Abbreviation xi-xiii Executive Summary 1-14 1 Introduction 15-16 2 Methodology 17-19 3 State General Context 20-24 4 Theme wise analysis 25-148 4.1 Land Right Recognition 25-39 4.2 Forest and Common Land Management 40-52 4.3 Urban Land Use Planning and Development 53-74 4.4 Public Land Management 75-88 4.5 Transfer of Large Tracts of Land to Investors 89-99 4.6 Public Provision of Land Information – Registry and Cadastre 100-112 4.7 Land Valuation and Taxation 113-119 4.8 Dispute Resolution and Conflict Management 120-129 4.9 Review of Institutional Arrangements and Policies 130-148 5 Summary & Recommendation 149-167 6 Dimension Ranking 168-179 Bibliography 180-182 Annexure Distribution of operational holding and area amongst various categories 184 4.1.1 of farmer 4.1.2 Distribution of ceiling surplus land as on 31st March, 2013 185 4.1.3 Status of pending cases in different courts under Land Ceiling Act 186 (2012-13) March, 2013 4.1.4 Status of LPC issued from 16/08/2011 to 16/08/2013 187 Sanctioned strength of the survey and settlement wing of revenue 188 4.1.5 department 4.3.1 State Profile – Bihar as on 31st March, 2011 189-190 4.3.2 Details of ULBs in Bihar 191 4.3.3 Details of slums identified in major towns as on 31st December, 2013 192 Progress Report on National Ganga River Basin Authority (NGRBA) 193 4.3.4 as on 30th November, 2013 4.3.5 Progress on Urban Infrastructure Development Scheme for Small and 194 Medium Town (UIDSSMT) as 30th November, 2013 4.3.6 Progress on Urban Infrastructure and Governance (UIG) as on 30th 195 November, 2013 4.3.7 Progress of Basic Services for Urban Poor (BSUP) as on 30th 196 November, 2013 4.3.8 Progress of Integrated Housing for Slum Development Programme 197 (IHSDP) as on 30th November, 2013 vi 4.3.9 Details of project completed by the BSHB as on 31st October, 2013 198 4.3.10 Height of building and FAR as per present and proposed norms 199 4.3.11 Minimum size of plots for different categories of building as per 200 proposed bye-laws 4.3.12 Plot Size wise Permissible Set Backs and Height of Buildings as per 201 proposed bye-laws 4.3.13 Provision of exterior open spaces around the buildings as per proposed 202 bye-laws 4.3.14 Far as per road width as per existing and proposed bye-laws 203 Height restriction with respect to approach funnels as per proposed 204 4.3.15 bye-laws Height restriction with respect to transitional area as per proposed bye- 205 4.3.16 laws 4.3.17 Off Street Parking Space as per proposed bye-laws 206 Land Use Classification and Permissible Uses as per modified building 207-210 4.3.18 bye-laws 1996 Land Uses Permitted / Prohibited in Different Use Zones in Proposed 211-224 4.3.19 Building Bye-Laws 2013 4.4.1 Details of Khas Mahal Land in the state as on 31st March, 2013 225 4.4.2 Details of Gairmazruha Malik land in the state as on 31st March, 2013 226 4.4.3 Details of Gairmazruha Aam land in the state as on 31st March, 2013 227 4.4.4 Details of Ceiling surplus land in the state as on 31st March, 2013 228 4.4.5 Details of Bhoodan land in the state as on 31st March, 2013 229 Land Acquired by Govt. for various Central / State Government’s 230-232 4.5.1 Projects since the year 2005-2006. Land Allotted / Land Rates & Position of Vacant Land Details 233-234 4.5.2 (Industrial Area as on 30.11.2013) 4.5.3 Details of Industrial Plots allotted to private investor till 31.03.2014 235 4.5.4 Number of industrial plot allotted during last three years in Bihar 236 Application Status for allotment of land on 31.10.2013 with Bihar 237 4.5.5 Industrial Area Development Authority 4.5.6 Schedule of activity and time framework for payment of money 238 4.5.7 Sliding scale for deciding minimum compensation of land 239 Time limit for services under Right to Public Services Act 2011 for 240 4.6.1 Registration Department Disposal of applications under right to public service Act in 241 4.6.2 Registration Department as on 31th March, 2013 Exemption of stamp duty under Information & Communication 242 4.6.3 Technology Policy 2011 Exemption of registration fee under Information & Communication 243 4.6.4 Technology Policy 2011 Exemption of registration fee under Bihar Industrial Incentive Policy 244 4.6.5 2001 Services under Right to Public Services Act 2011 for Registration 245 4.6.6 Department 4.7.1 Registration and Stamp Fee on various types of documents 246-248 4.7.2 Multiplying factors for deciding holding tax 249 4.7.3 Structure of ARV for Tax Calculation – Patna 250 vii 4.7.4 Tax Structure for Vacant Land in ULBs of Bihar 251 4.8.1 Interdependency of land conflict causes 252 4.8.2 Dispute resolution mechanism under various acts 253-257 4.8.3 Institution and disposed of cases in Revenue Court in Bihar 258 Number and description of civil suits instituted in various year in the 259 4.8.4 state. 4.8.5 Cases instituted in Patna District / Subordinate Courts 260 4.8.6 Number of cases decided in the Sub-ordinate courts of Bihar 261 4.8.7 Civil cases decided in District / Subordinate Court in Patna 262 4.8.8 Disposal by various type of Lok Adalat during various year 263 Details of Disposal & Legal Awareness Programme by Mobile Lok 264 4.8.9 Adalat during various year 4.9.1A Organizational Structure of Department of Revenue and Land Reforms 265 Organizational structure of office of the Director, Land Records Survey 266 4.9.1B and Settlements. 4.9.1C Organizational structure of Directorate of Consolidation 267 4.9.1D Organization Structure of Forest & Environment Department 268 Organizational Structure of Principal Chief Conservator of Forest Level 269-270 4.9.1E Setup 4.9.1F Organizational Structure of Department of Registration 271 4.9.1G Organizational Structure of Urban Development Department 272 4.9.1H Organizational Structure of BIADA 273 4.9.2 Mapping of Institutional Activities related to Land in Bihar 274-285 Position of Sanctioned and Working Strength in Revenue and Land 286-287 4.9.3 Reforms Department as on 31.12.2013. Number and description of civil suits instituted in various year in the 288 4.9.4 state Details of cases with respect to sharecroppers as on 31st March, 2013 in 289 4.9.5 Bihar. 4.9.6 Encroachment of public land as on 31st March, 2013 in Bihar 290 Category wise distribution of surplus ceiling land in Bihar as on 31st 291 4.9.7 March, 2013. 5 Minutes of State Validation Workshop Bihar on 26th June, 2014 292-296 List of Participants of State Validation Workshop held on 26th June, 297-303 5.1 2014 Press Clipping Regarding State Validation Workshop held on 26th 304-311 5.2 June, 2014 viii LIST OF TABLES Table Title Page No. No. 1.1 Land Utilisation as on 30/6/2010 15-16 3.1 Distribution of land holding pattern as per agriculture census 2010-11 20 3.2 Details of digitization of maps as on 30th June, 2014 23 4.1.1 Progress of revisional survey as on 31st March, 2013 27 4.1.2 Selected Districts for Special Survey in Bihar 27 4.1.3 Details of house sites allotted under various schemes 34 4.2.1 General information regarding forests in Bihar 40 4.2.2 National park and world life sanctuary in Bihar 41 4.3.1 Progress achieved as on 31st November, 2013 61 4.3.2 Allocation of loan by HUDCO 61 4.3.3 Progress under integrated house for slum development programme as on 30th 61 November, 2013 4.3.4 Minimum Distance from Electric Line 65 4.3.5 Minimum Distances Required for Storage Shed of Liquefied Petroleum Gas 65 Cylinders 4.3.6 Table 4.3.6: Allocation of loan by HUDOC 68 4.3.7 Slums identified in five big cities. 68 4.3.8 Property tax collected by Patna Municipal Corporation 69 4.3.9 Slums identified in five cities. 72 st 4.4.1 Summary of Balance Available Public Land in Bihar as on 31 March, 2013 76 st 4.4.2 Public land distributed to landless beneficiaries till 31 March, 2013 78 4.4.3 Transfer of Public Land for Homestead till December, 2013 78 st 4.4.4 Status of Encroachment of Public Land in the state as on 31 March, 2013 79 4.4.5 Time limit for various stages of land acquisition 83-84 4.6.1 Details of digitisation of cadastral survey map as on 31.03.2014 100 4.6.2 Progress of revisional survey 100-101 4.6.3 Revenue and Expenditure of Registration Department, Government of Bihar 107-108 4.7.1 Property tax collected by Patna Municipal Corporation during the various 116 years 4.7.2 Land rent collected during various years. 116 4.7.3 Number of deed registered and revenue receipt in various years. 116 4.8.1 Disposal of cases by various type of Lok Adalat in Bihar. 122 4.8.2 Details of Disposal & Legal Awareness Programme by Mobile Lok Adalat 122-123 4.8.3 Number and description of civil suits instituted in various year in the state. 124 4.8.4 Cases instituted in Patna District / Subordinate Courts 124 ix 4.8.5 Number of cases decided in the Sub-ordinate courts of Bihar 125 4.8.6 Civil cases decided in District / Subordinate Court Patna 125 4.9.1 Number and description of civil suits instituted in various year in the state 136 4.9.2 Details of cases with respect to sharecroppers as on 31st March, 2013 in Bihar 136 4.9.3 Encroachment of public land as on 31st March, 2013 in Bihar 136 4.9.4 Collection of Land Rent during various years in Bihar 142 4.9.5 Category wise distribution of surplus ceiling land in Bihar as on 31st March, 143 2013 4.9.6 House sites allotted to mahadalit families from various types of government 144 land as on 31st December, 2013 4.9.7 Allocation of loan disbursement for house construction 144 x ABBREVIATION ACF Assistant Conservator of Forest ADM Additional District Magistrate ADM LR Additional District Magistrate Land Reforms ADR Alternative Dispute Resolution AOA Article of Association ARV Annual Rental Value BELTRON Bihar State Electronics Development Corporation Ltd BIADA Bihar Industrial Area Development Agency BIPARD Bihar Institute of Public Administration and Rural Development BLDR Act Bihar Land Dispute Resolution Act BLJR Bihar Law Journal Report BLR Act Bihar Land Reforms Act BLT Bihar Land Tribunal BPL Below Poverty Line BPPHT Act Bihar Privilege Person Homestead Tenancy Act BSHB Bihar State Housing Board BSUP Basic Services to Urban Poor BT Act Bihar Tenancy Act BUDA Bihar Urban Development Agency BUIDCo Bihar Urban Infrastructure Development Corporation CAA Constitutional Amendment Act CBO Community-based organizations CCF Chief Conservator of Forest CDP City Development Plan CEPTU Centre for Environmental Planning and Technology University CF Conservator of Forest CFR Community Forest Resource CGRC Centralized Grievance Redressal Cell CGRC Centralized Grievance and Redressal Cell CLR Computerized Land Record CPC Civil Procedure Court CPRs Common Property Resources CSMC Central Sanctioning & Monitoring Committee DCLR Deputy Collector Land Reforms DFID Department for International Development DFO Divisional Forest Officer DGPS Digital Global Positioning System DLC District Level Committee DM District Magistrate DUDA District Urban Development Agency DUDA District Urban Development Agency EDCs Eco Development Committees EIA Environmental Impact Assessment EM Entrepreneurship Memorandum xi ESQR European Society for Quality Research ETS Electronic Total Station EWSs Economically Weaker Sections FAR Floor Area Ratio FRA Forest Right Act FRC Forest Right Committee GCA Gross Cropped Area GDP Gross Domestic Product GIS Geographic Information System Govt. Government HIG High Income Group HPL Hindustan Prefab Ltd. HQ Head Quarter HUDCO Housing And Urban Development Corporation Ltd. HUNNY HUDCO Nav Nagar Yojana IAY Indira Awas Yojana IHSDP Integrated Housing for Slum Development Programme IOC Indian Oil Corporation ISHUP Interest Subsidy Scheme for Housing the Urban Poor IT Information Technology ITC Industrial Training Centre ITES Information Technology Enabled Service ITI Industrial Training Institute JFMC Joint Forest Management Committee JNNURM Jawaharlal Nehru National Urban Renewal Mission LSG. Local Self Government LIG Low Income Group LIS Land Information System LPC Land Possession Certificate MGNREGA Mahatama Gandhi National Rural Employment Guarantee Act MIG Middle Income Group MIS Management Information System MOA Memorandum of Association MVRs Minimum Market value registers NABARD National Bank for Agriculture and Rural Development NAC Notified Area Committee NBC National Building Code NGOs Non-Governmental Organizations NGRBA National Ganga River Basin Authority NLRMP National Land Record Modernisation Program NOC No Objection Certificate NSA Net Sown Area NSSO National Sample Survey Organisation OBC Other Backward Caste OGs Out growths OTFD Other Traditional Forest Dwellers PCC Project Clearance Committee xii PCCF Principal Chief Conservator of Forest PESU Patna Electricity Supply Unit PHED Public Health and Engineering Department PMC Patna Municipal Corporation PPP Public Private Partnership PRDA Patna Regional Development Authority PVTGs Particularly Vulnerable Tribal Groups PWD Public Works Department R&R Rehabilitation and Resettlement RA Requisitioning Authorities RCC Reinforced Cement Concrete RCD Road Construction Department RoRs Record of Rights SC Scheduled Caste SDO Sub Divisional Officer SEWA Self Employed Women's Association SHGs Self Help Groups SIA Social Impact Assessment SIA Social Impact Assessment SLNA State Level Nodal Agency SPV Special Purpose Vehicle ST Scheduled Tribe TDR Transferable Development Right U/S Under Section UA Urban Agglomeration UD&HD Urban Development & Housing Department UIDSSMT Urban Infrastructure Development Scheme for Small and Medium Town UIDSSMT Urban Infrastructure Development Scheme for Small and Medium Town UIG Urban Infrastructure and Governance UK United Kingdom ULBs Urban Local Bodies VAT Value Added Tax WC Water Closet xiii EXECUTIVE SUMMARY Land is a valuable but scarce and sometimes contested resource in Bihar. The State Government plays a critical role in guiding land policy in ways that improve tenure security and leads to inclusive growth. The basis for efficient, transparent, and equitable land governance systems are updated and reliable records and maps, while regular analysis of the information that these incorporate can guide decision making. Urban development is of immense importance in view of the significant contribution it makes towards the overall growth and development of the economy of states. The balance between industrial and agriculture land use is critical for the state’s development and optimal allocation of land requires routine access to up-to- date data such as on actual land use. 1. Land governance Assessment framework The Land Governance Assessment Framework is a participatory, evidence driven instrument to assess the current status of land governance in state, to identify areas and issues which require urgent policy intervention was assessed across nine distinct focus areas: (i) Land Rights Recognition (ii) Rights to Forest and Common Lands & Rural Land Use Regulations (iii) Urban Land Use Planning and Development (iv) Public Land Management (v) Transfer of Public Land to Private Use (vi) Public Provision of Land Information: Registry and Cadastre (vii) Land Valuation and Taxation (viii) Dispute Resolution and (ix) Review of Institutional Arrangements and Policies. Each of these focus areas has been assessed using a set of land governance indicators which have been further divided into various dimensions. The LGAF framework consists of 27 land governance indicators (LGI), each broken down into “dimensions” with pre-coded statements (on a scale from A to D – total of 116 dimensions). Dimensions were ranked based on actual conditions prevailing in the state. The LGAF implementation started in the state of Bihar in October 2013 and was carried out by CIMP, involved 9 experts and 50 panellists; the report is validated in June 2014. 2. Findings Bihar has a total population of 103.811 million people of whom 89% live in rural areas with agriculture being a key economic activity. The state accounts for 2.88 per cent of India’s land mass but supports 8.58 per cent of the country’s population. Bihar has set important steps with respect to Policies, Acts and Rules to improve land governance. Land mark initiatives are the enactment of Bihar Land Dispute Resolution Act, 2009, Bihar Land Tribunal Act, 2009, Bihar Agricultural Land (Conversion for Non-Agriculture purpose) Act, 2010, Bihar Land Mutation Act, 2010 Bihar Special Survey and Settlement Act, 2011 and the Bihar Khasmahal Policy, 2011 for urban areas. 2.1 Land Right Recognition The law recognizes individuals' rural land tenure rights as well as urban land rights held by individuals, households, for apartments and group housing, for commercial complexes, and also in slums. A considerable amount of land is held also by religious trusts. The law regularizes also the status of raiyats in rural areas. There is a clear, practical process for the formal recognition of possession, but this process has not been implemented effectively. The process includes document and physical verification based on formal or informal evidences. 1Census of India,2011 1 Record of rights is generally prepared through Survey. In this regard, it may be noted that, record of rights, whether first time or second time, is done only when people approach for registration and mortgage and, accordingly applicable registration fee and stamp duty are charged. Record of rights can be corrected and created by decree of Civil Court. Completion of record of rights requires mutation. On demand recording of rights should include proper safeguard to prevent abuse, but is limited in practice. In legal parlance, the long term unchallenged possession is termed as adverse possession. In private land such adverse possession does not create or extinguish the title over the land but in public land adverse possession makes a difference as to decide the factum of the title. Continuous possession for 12 years gives the people the right on land subject to satisfactory documentary proof. Circulars have been issued from time to time by the State Government to regularize, or not to regularize those long term unchallenged possession. Non-documentary form of evidence can be used for obtaining recognition of a claim to land or property along with other documents i.e. tax payment receipt, land rent payment receipt, patta allotted by the government in case if other form of evidences are not available. But non documentary proof does not have conclusive evidence. People have to go through a quasi-judicial / judicial mechanism. In Bihar although legislation exists to formally recognize long-term, unchallenged possession in Bihar, formal recognition is granted to very few applicants due to difficulties. The enactment of the Bihar Tenancy Act, 1885, provided ‘record of rights’ (RoR - vide sections 101-115), lays out the respective rights and obligations of the state and tenants, and makes provisions for survey of the land. A number of laws protect and enforce the group rights on the common lands as well. Group rights are mostly recognized under the statute or the customary laws having the same force as enacted law and especially in the context of forest land were group and individual right are recorded and enforceable. In practice, individuals and some groups in rural and urban areas can experience a lack of protection of tenural rights and have their rights contested. This is mainly the result of gaps in the implementation of the Acts. Moreover, maps and many records are almost one century old and no longer reflect ground reality. Following the enactment of the Bengal Survey Act, 1875, cadastral Survey was taken up district-wise and completed in 1922, but subsequent resurveying was either incomplete or not undertaken at all (see section 3.6). Since independence, the State Government has made efforts to create land rights for vulnerable and disadvantaged sections of the population. A positive result is the issuing of Basgit Purcha (grant) by circle officers to 580,214 families in Bihar under the Bihar Privileged Person Home Stead Tenancy Act, 1947. Eligible persons were attached with the household of a land holder doing domestic and agriculture chores to which the land lord allotted a portion of private land for homestead land thus formalising a customary system. This act was dormant in Bihar but operationalised in a campaign mode, under the Mahadalit Vikas Mission (2009). Sharecroppers are another vulnerable but important category in Bihar with an estimated 15- 20 percent of all cultivators working on farm land as oral bataidar (sharecropper). Land owners tend to rotate sharecroppers every two to three years, reason why bataidars will not undertake a long term investment in the land. Despite legal provisions towards protecting sharecroppers from (the threat of) eviction, few obtained any occupancy rights and the position of sharecroppers continues to be a matter of concern. In Bihar, only 12.8% of land parcels are recorded in the name of women. Following succession, the record of rights in Bihar mostly carries the name of the male coparceners. There is only an obligation for widows and spinsters to record a raiyati in her name. The 2 State ggovernment introduced legislation to increase women’s land ownership, such as by amending section 27 of theBihar Land Ceiling Act in 2009, that now indicates for District Collectors to allocate 50% of surplus “ceiling” to women from eligible categories (Mahadalit). Also, the parcha and pawna for allottees of land and house sites are now being issued in the name of wife and husband jointly, with the wife’s name being mentioned first. It is also observed that in Bihar, many flats and houses were not registered due to disputes between builders and purchasers, death of builders or their disappearance. To assist harassed purchasers, the government through the Bihar Apartment Act, 2006, notified in 2006-07 that such aggrieved people can apply to Patna Municipal Authority for registration by giving a copy of the agreement and proof of making the entire payment for purchase. On receipt of such applications, the municipal authority has given permission, after verification, to the owner for unilateral registration of the flat and house with a copy to registration office. This unique approach has helped many people in the state. Also in 2006, the Registration Department in Patna started a unique practice of registration at door step, for which a camp was organized by the registry office in various localities of Patna town after giving proper publicity. 2.2 Forest and Common Land Management In Bihar, the area of notified forest area is 6492.9 km2 of which 10% is reserved forest and 90% protected forest. In addition, there are national parks which cover 3339.458 sq. km. Local forest dwellers are entitled to some usefructuary rights and privileges (including fisheries) as mentioned in the Khatiyan of land of protected forest. These rights formally ceased to exist when the 13 national parks and wildlife sanctuaries in Bihar were converted into reserve or protected forest, even although customarily such rights are recognized. Forest and common land are clearly identified in Bihar and are recorded as such. Common lands with natural resources on them mostly recorded as jungle/jhari/jhar /jhankar etc. in the revenue records and hence fall under the Supreme Court judgment declaring all such areas as forest lands thus attracting the provision of the Forest Conservation Act, 1980. In all such cases, non-forest use of common lands is not permissible. In practice, conversion is taking place for public interest schemes by State nodal officers from the forestry department. The requisitioning party has to compensate for environmental losses by depositing net asset value of fallen trees and replant trees elsewhere. In as much as, the boundary demarcation of communal land is concerned, there is no indigenous land anymore in Bihar, since Jharkhand became a separate State. The common land in Bihar is categorized as Gairmazruha Aam, which is basically community land, owned by the village community. These include village pathways, village waste land, play grounds, orchards, and cremation and burial places. They further include the village water bodies and bandhs, ahar, pynes, reservoirs, tanks etc (see also 2.4). Even if the nature of these lands have changed, the consent of the Gram Sabha is mandatory for Government to change land use or promote settlement through pattas. In course of the revisional survey and in day to day operations of the lower level revenue bureaucracy, numerous Gairmazruha Aam plots have been recorded in private names; rent receipts issued and rent being collected. No systematic attempt has been made to enquire into the privatization of common land, whether the settlements made in favour of private individuals were made by competent authority or encroachers / grabbers have illegally been recorded. People’s rights accrue by virtue of adverse possessions, while the records are in the name of government of Bihar. Despite revenue land being recorded as Jungle / Jhari (bush), the forest department has not extended its control over such land, consequently, non-forest activities continue without seeking the permission from the forest authorities. There are settlements 3 inside forest area which fall outside the Forest Right Act and should be evacuated, but which is not being implemented. Forest villages were not mapped and demarcated in the first Cadastral survey and still do not have a recognised status because the Department of Environment and Forest has not undertaken a resurvey. No conversion of forest villages into revenue villages is required as no forest village exists in Bihar. While ownership remains with the government, certain individual rights accrue through the legal provisions of the Forest Rights Act. However, much remains to be done in Bihar with regard to the application of the Forest Right Act in letter and spirit. Reportedly, 20 sub divisional level committees, 13 district level committees and 1299 Forest Right Committee (FRC) have been constituted. Functions of various committees at various levels are matter of further enquiry. Out of the 2930 claims filed, 585 claims are under process and 31 titled deeds were disbursed up to the year 2013. About 350 Gram Sabhas are yet to claim individual rights. It is not evident that, whether Gram Sabha members have visited every hamlet to interact with tribal and Other Traditional Forest Dwellers (OTFD), collected information and oriented them about their rights and provided them with training. There is a hiatus between law and practice and orienting the target groups to their rights and obligations under FRA. Existence of vested interests and collusion with local bureaucracy impede the target groups to take advantage of their legal entitlements. There are certain restrictions on rural land use, like conversion of agricultural land for non- agricultural use. To promote farm consolidation, restrictions exist for land transferability to others than the direct neighbor of the plot (if willing to buy) (see para 16(3) of the Bihar Ceiling Law). The absence of Rural Land Use Board in Bihar is a constraint for proper planning, zoning and to develop long-term perspective on land use by developing Land Use Plans. However, there is an Urban Land Use Planning Board in the state. 2.3 Urban Land Use Planning and Development Though there are a number of Acts and Rules to guide and govern urban development, urban land ownership and transfer and disaster preparedness such as earth quacks, urban development has been left to the whims and fancies of people, builders and contractors.Urban expansion is unplanned. As a result there is inadequate infrastructure, inadequate width of road, absence of proper drainage system, and inadequate parking space evident in urban areas of the state.. After introduction of The Bihar Municipal Act, 2007 all activities of urban development are guided by this Act and the unified draft building bye-laws developed in 2013. Other Acts and Rules to guide urban governance in Bihar are ‘The Bihar Planning and Development Act, 2012’, ‘The Bihar Apartment Ownership Act, 2006’and ‘Bihar State Slum Policy, 2010’. The promulgation of Urban Land Planning Act, 2012, may lead to better planning of urban land and identification and removal of encroachment from public lands in urban areas. Urban Local Bodies (ULBs)2have responsibilities in the fields of administration, legislation, town planning, environment and architecture. There are 11 Municipal Corporations, 42 Nagar Parishads and 86 Nagar Panchayats, but which are confronted with shortage of technical personnel, particularly in town planning and architecture. Urban Land Use, Planning, and Development suffers from want of statutory Master Plan or City Development Plan (CDP) in which urban land uses are generally shown and notified. For effective use of urban land there are 7 zones namely; residential, commercial (retail), commercial (wholesale), industrial, public and semi-public uses and agricultural. 2The 74th Constitutional Amendment Act (74th CAA), schedule 12th. 4 Various types of land use permitted and restricted in different zones is further clearly demarcated and these restrictions serve public purpose and safeguard people from disaster. The restrictions in the Act and Rules serve public purpose and would contribute to clear and transparent processes of urban expansion through Master Plans. However, no Master Plan for urban development has yet been approved for any city in the state. Building bye-laws are not respected due to poor monitoring of provision of various acts. Acquiring a building permit for a residential dwelling is a cumbersome and time-taking process. Development control is almost absent. It is estimated that about 60 per cent people are living in house without obtaining a completion certificate; about 70 to 80 per cent of those living in houses and apartments have no occupancy certificate and around 55 per cent of multi-storied buildings in Patna are facing vigilance cases for violation of Floor Area Ratio, height, map and approved building plans. The State Slum Policy of 2010 is developed within the framework of the National Slum Policy, and has important and foresighted provisions to provide tenure security to slum dwellers, basic services and construct 22,372 dwelling units for Lower Income Groups and Economically Weaker Sections and to marginalised slum dwellers. The government has identified 1838 slums in 28 cities but lacks a data base to guide development. The National Slum Policy mandates states to allocate clear land ownership or long term lease to slum dwellers wherever possible. Slums eligible for in-situ up-gradation have to participate in sharing the costs. The ULBs in Bihar plan to transfer government or municipal land through negotiated settlement with the slum dwellers at a price not exceeding 33 percent of the market value, based on the stamp duty records. Slum dwellers will be required to pay the amount up front and could take loan from micro-finance institutions for this purpose. Those who paid the land lease will have the right to sell their dwelling unit with the lease on the land to any other low-income group person, but with prior approval of association or society. This policy is not implemented yet and even in Rajiv Awas Yojana people have only leases for the houses, and not for the land. In 2006 the Bihar Government has commenced on a fast track implementation of the reform agenda including a revision of laws and more decentralization of governance. Urban development is supported by programs like Jawaharlal Nehru National Urban Renewal Mission (JNNURM) and Support Programme for Urban Reforms (SPUR) to support policy and institutional development, revenue generation, management of urban infrastructure and services delivery, municipal capacity to attract private investment and empowered poor communities and socially excluded groups. The master Plan finalization for Patna is in process and City Development Plans are prepared for 28 urban bodies under the JNNURM3.The process of GIS-based mapping of urban area has started and base maps of 17 towns are ready. Work is in progress for preparation of base map of other towns. 2.4 Public Land Management The types of Public land in Bihar are (i) Gairmazruha-Khas/Malik (17,96,229.59 acres), (ii) Gairmazruha Aam (9,07,809.99 acres), (iii) Khas Mahal (5036.03 – urban land), (iv) Kaisera-hind (Central Govt. Land) (v) Ceiling Surplus land (3,63,415.71 acres) and (vi) Bhoodan Land (6,48,593.14 acres of which 3,45,349.02 acres are confirmed). Each category (except for Bhoodan and ceiling surplus) was clearly identified, recorded and demarcated during the Cadastral Survey (1892 to 1922). All these almost one century old records are 3However, a revival of Town Planning Organization under Urban Development & Housing Department could be considered instead of depending solely on private consultants. 5 maintained and assigned to eligible private individuals and institutions, but many records are in dilapidated condition and no longer reflecting ground reality due to lack of resurveying. The information related to public lands are available to people, who can collect it from concerned government offices. Public lands are managed through Bihar Government Estates (Khas Mahal) Manual, 1953, and Bihar Public Land Encroachment Act, 1950. The criteria for public land ownership are clearly defined and assigned to right level of Government from Halka Karamchari at the grass root level to State Level Officials.The Gairmazruha Aam land is regarded as village common (see 2.2) and State government can only distribute these lands only if there is change land use with consent from the gram sabha. The state government has not yet come up with a policy for Gairmazruha Aam land in urban areas with respect to the competent authority for issuing no objection. The Gairmazruha Khas/Malik land, land donated under Bhoodan Yagna and private land vested by government under Bihar Land reforms (Fixation of Ceiling Area), Act 1956 are all under direct control of State Government and can be distributed and settled in favour of landless/housesiteless eligible beneficiaries. The public lands such as Anabad Bihar Sarkar, Anabad Surva-Sadharan, Roads, Railway lines, irrigational channels, embankment, grave- yards etc. have been recorded in Khatiyan and kept under direct ownership of the Government. However, various public offices are suffering from shortage of manpower, infrastructure and capacity gap. Most of the departments are running at 50-60% of sanctioned strength. There is also data gap related to public land. Most of the Departments are not having the details of the land they possess and its condition, particularly encroachment. Encroachment of public land is a wide-spread problem in the State. In an effort to better manage public lands, State Government issues from time to time notifications. Responsibility for the removal of encroacher is vested with Circle Officer under the Bihar Land Encroachment Act, 1956, which was done for 24% of encroached urban land and 36% in rural areas by March 2013.In district headquarters, special efforts through a drive are now undertaken to identify urban public land within municipal area by conducting special Survey and subsequently remove encroachers followed by the protection of the public land by constructing boundary wall after removal. Protecting public land is ignored at the grass root level in rural areas, where there is steady depreciation of the CPR since independence and their privatization in connivance with local bureaucracy, particularly during revisional surveys. Circle officers have not opposed claims made during survey operations or consolidation proceedings, even when on frivolous or concocted grounds. Cases are not filed despite legal provisions to that effect. There is no material on record to suggest how many cases of public land privatization have been filed in the Deputy Collector Land Reforms Court, as per the Bihar Land Dispute Resolution Act, 2009. Bihar has an active policy with respect to distribution and settlement of public land by eligible, vulnerable groups and a significant portion of public land have been distributed. However, large chunks of public lands were found unsuitable for distribution and the State will have to launch special survey for assessing the reasons and what strategies can be used for making them suitable for distribution (see also 2.5). The decision to distribute bhoodan land, ceiling surplus land, gairmazarhua aam land and gairmazarhua khas land to weaker sections of the society is a welcome effort in the state for meeting equity concern. Most of the beneficiaries of total 23,11,944 beneficiaries are women. Till December, 2013, a total 505808 numbers of homeless families have been provided land 6 to build their house. House-sites have been allotted to Mahadalit (extreme backward class) families from the land taken from Gairmazruha Aam, Gairmazruha Khas, and land purchased from raiyat to enable them to construct houses. Since the allotment of land is being made from the public land (government land), the allotment/ issue of parcha and mutation should go simultaneously. However, out of the total land allottees of 23,11,944 as on 31st March, 2013 possession has been given to 90.6% of them, mutation for 80.8% and rent fixation for only 59.3% of the total allottees. Although the land is allotted to landless people of the state, the major problem is giving them the possession and legal entitlement. Dispossession has been reported in number of cases. Nearly 1 lakh dispossession is reported in case of Bhoodan land. Tackling the issue of giving possession and restoring disposed land to the actual beneficiaries should be tackled through effective implementation of policy. 2.5 Transfer of Large Tracts of Land to Investor Land plays crucial role in the development strategy and investment process in Bihar. The Government of Bihar has promulgated a series of regulations and policies to attract investment and invite more long-term, capital-intensive, high-tech projects. Every five year the State Government adopts a new industrial policy to incorporate changes in the investment dynamics. The State Government devised a new method under the 'Aao Bihar' (Come to Bihar) call for investors. Land is acquired by the government through Department of Revenue and Land Reforms by the District Land Acquisition Officer and District Collector and District Magistrate. In Bihar, most of the lands acquired in last seven years are for public purposes only.The Revenue and Land Reforms Department acquired 2683.62 acres of land in 2012-13 only for public purposes. After delivery of possession under the Land Acquisition Act, requisitioning bodies put the same in destined use. The Director of Land Acquisition Bihar maintains information regarding the process of land acquisition. The government decided to pay the same value for the same class of land in the same project irrespective of number of villages and differences in the MVRs, with the class being determined by a high level committee at the district level. This procedure has facilitated land acquisition process. Although manipulated sale deeds may be used to hike land price on the eve of land acquisition process and the sole safe guard for the State is that the governing rate should be what prevails on the date of notification. However, problem with the identification of the real title holder for acquisition and compensation can cause delays. According to the Land Acquisition Act, 1894, only people who have a recorded status of ownership get compensated, not the people whose livelihood depend upon the land. The Bihar Resettlement and Rehabilitation Policy, 2007 makes provision for displaced agricultural laborers and have been rendered unemployed. They will be given lump sum minimum wages for 200 days and job cards under prevalent national / state rural employment guarantee scheme.Compensation for non-land owners will become available under the new Land Acquisition Act, 1894 has been replaced by the Central Land Acquisition, Rehabilitation and Resettlement Act, 2013 with effect from 1st January, 2014. It is a response to protest by landowners over acquisition of land in different parts of the country in general, including in Bihar. In Bihar, it has been observed that most land acquisitions for public purposes were made under the urgency clause, which shortens the land acquisition process and expedites payment of compensation. Soon after the notification, 80 percent of the compensation is paid, while the remaining 20 percent is to be paid when the entire estimate is sanctioned by the competent authority. Although data of delay in payment is not available, a sample survey 7 found that only 50-70% of the land owners received compensation within one year. Delay also incurs in interest payment. Hence speedy disposal from the point of cost effectiveness has been emphasized in various government circulars issued to District Collectors. There are independent and accessible avenues for judicial review against land acquisition and compensation. However, cost and time in the process of judicial review affects the accessibility. The Industry Department transfers the acquired land to Bihar Industrial Area Development Authority (BIADA) to allocate land for construction of Industrial estates/Industrial Park. Land to private investors is being allotted by BIADA based on the clear and transparent criteria and process, irrespective of investor’s status. Less than 10% of the total land acquired by the government since 2011 has been transferred to the private sector. The total plots available in an industrial area are demarcated to various categories and for their allocation BIADA follows a clear and transparent evaluation process with many pre-fixed criteria, but using information provided by the investors. A project Clearing Committee (PCC) evaluates investment proposals and gives approval. BIADA coordinates investment policy within the State Government. However, comprehensive and consolidated information on spatial extent and duration of concessions/leases is not readily available in one place and different departments rely on different sources of information. Moreover, the process is cumbersome and a large number of investors are waiting for allotment of land. BIADA allot the industrial plot at the cost for the government of land acquired, plus 10% administrative charges and land development cost. In Bihar there is no system of sharing benefits arising from changes in permitted land use with the people. There is a system for advance payment of leases, which is implemented strictly with a threat of cancellation in case of non-payment. Lease payment collected is more than 90% of the estimated amount. BIADA, as the nodal agency, monitors the clauses in the lease agreement, collects rent, monitors the status of functioning of the industry and in case of failure cancels the contract and auctions the plot. Still, 422 industries in industrial areas are reported to be closed, but no action has been taken to rehabilitate them or seize their plot as mentioned in their letter of allotment. Also, no third party monitoring has been conducted as yet and only part of the results are accessible to the public. Under new land acquisition policy of Government of Bihar, The State Government devised a new method under the 'Aao Bihar' (Come to Bihar) call for investors. Farmers willing to sell land would submit the details to the District Magistrate (DM) concerned, who, in turn, checks that the rights are not disputed. The DM, then forward the verified details of the land to Bihar Industrial Area Development Authority (BIADA), which would put the details on its website showing the price quoted by the farmers concerned. The investors would then have a reference pool of chunks of land to acquire for their ventures. However, the non-availability of updated land records emerged as a challenge for land transfer as the rights under-raiyats and share croppers are not recognised and surveyed properly. Those wanting to sell have incentives to properly negotiate with investors, but their rights are unclear due to obsolete record of rights. Therefore, in new policy government is acting as facilitator. This approach seems to be working well and is found attractive by investors. The State Government is also planning to survey the barren and uncultivable land, waste land, undulating land, land not fit for agriculture for acquisition purpose, to encourage productive use of waste land and identify land for resettlement. 2.6 Public Provision of Land Information Registration of land has been made mandatory since 1864 in Bihar and which is done in 38 District Registration Offices in all the District Head Quarter and 83 sub-registry offices. 8 Registration fee4, Stamp duty, landlord fee, process fee and service charge are payable at the Registry/Sub-Registry Offices for the transfer of land. Based on the Bihar Tenancy Act, 1885,the Cadastral Khatiyan, provided the right of the records of a raiyat and establish right and possession of a person on the occupant land. The exact number of record of rights is not available. The total number of villages in Bihar is 45,769 out of which computer data entry is done for 32,616 villages and available on-line. Verification of computerized data was done for 28,140 villages. Updating of data has been done in case of 3256 villages and Kheshra panjis have been prepared for 3445 villages. The number of Kheshra was 2,98,50,807 in 32 districts of Bihar (urban and rural). There is no bifurcation of the rural and urban RoR. As the revenue records are not updated, there are many cases of overlaps of right. There are large numbers of cases of civil disputes pending in the competent courts of Bihar. Since the cases are not being disposed of on priority basis, many persons stake claim over the same piece of land. Most of the land records are neither fully computerized nor updated in circle offices and not interlinked with the registry offices, reason why it is difficult to ensure legitimacy, which is only, performed ex-post. However, it has been observed that the fraudulent cases are minimal. About 60-70% of public restrictions are recorded. Certain classes of documents are not compulsorily registrable such as Partition deed approved by the court or revenue offices, inheritance, will, and oral gift by Mohamedans and are not included in the non-encumbrance certificate. Encumbrances are recorded only when people who transfer or offer land as security come for registry. Recording of encumbrances is not done in a consistent and reliable manner. There are 1,06000 maps in Bihar (Cadastral Survey Maps – 62000 and Revisional Survey maps -44000) of which 4374 numbers of maps are either damaged or no longer available to the concerned Circle Office/Sub-divisional office. For the remaining maps, 72716 maps have been scanned and digitized. The aim is to complete this work in December 2014 and make all maps available on-line. A revisional survey was started in the state in 1956 but fully completed in only 12 districts, partly completed in 14 districts and could not be taken up in 12 districts. Even where it completed, it took a long time and the data are now obsolete. The Special Survey and Settlement Act, 2011 was passed followed by Rules, 2012 to conduct survey in whole of the state, in a time-bound manner (completion by 2015) by using technologies like aerial survey technique, Digital Global Positioning System (DGPS), and Electronic Total Station (ETS). The work has started in 13 districts. Aerial photography has been completed in 7696 villages. Data processing has started for 2033 revenue villages. Khanapuri has been completed in 237 villages and the map has been published for one village. Progress of special survey is slow and shortage of staff is more prominent reason. In Bihar more than 90% of the records of privately held land in the registry are readily identifiable on maps, but the information held in records is not linked to maps yet. However, there is no system to mention the name of land holders on the map. Khesra (Plot) numbers are provided on the map, on basis of which the record in registry is identifiable on the map. Mutation is required to mention the name of current owner in the land record, 4Registration fee for registry of the land has been prescribed by the Registration Act, 1908, the stamp duty has been determined by the Indian Stamp Act, 1899, landlord and process fee are levied under The Bihar Tenancy Act, 1885, and the service charge by the Registration Department. 9 Since 2006 with support of the Government of India all the registry offices have been computerized, and linked with main server of the Registry Department. All registry records of 2006 onwards can be seen on bhumijankari.com and registry information is up-to-date and reflects ground reality. The registry records prior to 2006 can be accessed manually. Digitization of registry records from 1995 to 2005 is in an advanced stage and is likely to be completed soon. Bihar has developed a self-sustaining system of computerization. The registry office charges Rs. 25/- per page on documents of transfer and Rs. 20/- per page for scanning of other deeds, which generate sufficient funds to maintain computerization and infrastructure in the department. Due to this unique self-sustaining model the Registration Department of Bihar got Prime Minister’s Award for excellence in public administration for the year 2007-08. Although registry offices have been computerized, but due to lack of infrastructure and non- linking of computer of registry office with Circle Offices, automatic mutation and updating of records are not facilitated. Since the computerization of Registration offices, it has become very easy to obtain sale deeds on the day of registration itself. Registration offices have not been linked yet with Circle Offices. This linking can reduce the mutation process of current 15-30 days to 1-2 days. Computerization of land records has not followed a uniform approach, producing non- synchronization of data. The lack of staff is another reason, which also affects updating of records. The main concerns are thus non-linking of registration office computer with the circle office to facilitate automatic mutation, as well as difficulties in searching registration records prior to 2006 i.e. prior to computerization of registration. The BLDR Act and Mutation Act together have helped the raiyat/under-raiyat in getting land record corrected in cost effective and time effective manner. Before 2009, any wrong entry in survey records was challengeable only in Civil Court and used to be a long drawn process. With the passing of Bihar Land Dispute Resolution Act, 2009, a revenue functionary, ‘Deputy Collector Land Reforms’ can adjudicate cases pertaining to record of rights. Similarly, section 9 of the Mutation Act empowers the additional collector of a district to cancel illegal zamabandi. In Bihar, the registry fee has a clear rationale, their schedule is public and all payments are accounted for. The Registry Department charges 2 percent registry charge and 8/6 percent stamp duty to make the system financially sustainable5, but is higher than what is stipulated by the Government of India (5 per cent of the stamp duty). The total fee collected from registration fee and stamp duty exceeds registry department expenditure (39.27 times higher than administrative expenditure in the year 2012-13). Investment in human resources and physical infrastructure is sufficient to maintain high service standards but does not allow for proactively responding to future needs and new developments in the sector. Registry office is following the prescribed service standard scrupulously.In Bihar, an initiative has been taken to provide prompt service to people in a transparent way without harassment. Under the Right to Public Services Act, 2011 citizen charter of Registration Department has been prepared and is displayed in all Registry Offices. Two Registry Officers (Bhagalpur, Muzaffarpur) have been fined for non-compliance of the Act. In all the District Registration offices, ‘May I help you’ booths have been established which provides 5The government has provided several exemptions to promote agriculture, communication technology and industry in the state. All dwelling units located in the slums and having a plinth area of less than 250 square feet have been exempted from the payment of holding tax. 10 information regarding the enclosures required to be attached with a document, amount of stamp duty, registration and other miscellaneous fees chargeable on different kinds of documents, standard format for sale or mortgage contracts. 2.7 Land Valuation and Taxation Valuation of land is determined for the purpose of registration of land transfers and compensation. Registration fees and stamp fees are major sources of revenue for the state government (see 2.6). There is clear process of land valuation in Bihar. Minimum Market Value Registers (MVR) for various types of land, buildings and flats are based on their location and use, and have been prepared and regularly revised and updated at district level by a committee headed by District Magistrate6. Valuation of land based on MVR is also applicable for land acquisition for calculating compensation. The land value in MVR gets inflated every year, which is a procedure that needs to be revisited. The assessment of value of land and property for tax or compensation purposes reflects market prices, although differences between recorded values and market prices across different uses and types of users were observed. The process of property valuation based on Annual Rental Value (ARV) located on different types of roads and different uses are clear. The holding tax in urban area is 2.5 percent of the ARV. Valuation roll is publicly accessible at every registration office, municipality and on their website. Exemptions on the payment of land/property taxes are limited, based on equity or efficiency grounds and applied in a transparent and consistent manner. The collection of property tax in urban areas has improved gradually and is estimated at around 50 per cent for Patna town. Similar conditions are assumed to be prevailing in other towns and there is a need to bring unregistered holdings into tax fold to increase the revenue for providing better services. Holding tax is only collected in urban areas and around 80-90% of the holding tax payers mentioned in tax-roll pay regularly. Land rent is collected in both rural and urban areas both and around 90% of land holders or their parents are listed in the tax roll. In 2012, 47.18% of the land rent was paid, and 100% stamp duty and registration fees had been collected. The holding tax has not been revised after 1993 and efforts for introduction of new tax structure are rejected by people. Though collection of holding tax is 80 per cent of the assessment, the collection of land rent is also very poor. Individually, the revenue from the land rent and holding tax are not sufficient to meet the cost of tax collection, but when considering also the revenue collected from other tax related to land and property (including stamp duty) the total revenue is between 1 to 3 times of the cost of collection. Service delivery and a proper rapport between the residents of a town and Municipal authority are most essential for improving payment, if people realize that the tax and fees paid by are being utilized properly for their benefits. The role of municipal authority in this regard is very important. 2.8 Dispute Resolution and Conflict Management In Bihar, responsibilities, regarding conflict resolution, are clearly assigned unambiguously in various land related Acts. There is distinct hierarchy in all the districts in Bihar. Disputes are first resolved at the grass root level by the concerned Anchal Adhikari (Circle Officer). Appellate and Revisional authority also belong to revenue hierarchy. However, Bihar Land Tribunal is independent appellate authorities. 6The minimum market value of land and other immovable properties are determined following Indian Stamp Act, 1899 (Act II of 1899) and notification by Registration Department, Government of Bihar. 11 Until 2010, land disputes constituted 70-80% (20866 cases 2010) of total civil cases instituted in different courts of Bihar and it was estimated that 70 per cent of the criminal cases were rooted in land dispute. Land disputes constituted a large case load in the Civil Courts and Honourable High Court. Cases remain pending in the Courts for long periods, while many settled cases were again referred to another Higher Court for appeal or revision of the decision. Disputes and litigation can be over the record of rights, boundaries, entries in revenue records, unlawful or wrong registration and unlawful mutation, unlawful occupation of raiyati land, forcible dispossession of allottees and settlees of public land, etc. They may cause unnecessary harassment to bona fide allottees, settlees, raiyats and other types of occupants. Corruption, bribery, fraud, nepotism, favouritism and clientalism in land administration and land management are widespread problems that also lead to land disputes. The BLDR Act, 2009, has proven to be a land mark legislation that legislation that is widely appreciated, also outside Bihar7. It was designed to improve the effectiveness of dispute resolution mechanisms and establishing new forums for the adjudication of land disputes has great impact. In 2011, the percentage of land related cases had dropped to only 21 percent (833 cases in 2011). More than 90% of the cases are resolved within 1 year. However, in the formal system (Civil Court) 90% of land related disputes take two years or more to get resolved. The Bihar Land Dispute Resolution (BLDR) Act, 2009, is unique in nature which provides a uniform and common forum, procedure and mechanism to achieve the objective of effective, efficacious and speedy resolution of land related disputes. The Act is omnibus, cost and time effective and has a clear time frame for disposal and procedure. The first instance is to be done at the court of the Deputy Collector, Land Reforms (DCLR), while the Divisional Commissioner has become the appellate authority. Under this Act 29649 cases were filled till 31st March, 2013. Out of these cases 20296 cases i.e. 68.45% have been disposed off. The system is proving beneficial to the people of the state especially poor and economic weaker section of the society in getting justice in a cost effective way. However, the jurisdiction of Deputy Collector Land Reforms (DCLR) under BLDR Act 2009 is limited to determination of rights only, not title. In complicated cases, involving question of title, party concerned is advised to move Civil Court. Another landmark initiative is the Bihar Land Tribunal, which since its inception in January 2013 has resolved a large number of the backlog of land related cases within a very small span of time. The Bihar Land Tribunal was constituted in January 2013 to provide additional platform for dispute resolution. Till June, 2014, 488 cases were disposed off out of the 1480 cases and appeal filed. This pace of disposal of cases with limited staff is remarkable. People are encouraged also to try to settle land disputes first in Lok Adalat which is cost effective and time effective. There are various types of Lok Adalats (Lok Adalat, Special Lok Adalat, Mega Lok Adalat, Pension Lok Adalat, Labour Lok Adalat) and awareness Programme is organized in the state on their use. Disputes resolved through Lok Adalats are recognized in the formal judicial dispute resolution system8 and awards are deemed to be a decree of a civil court. The Lok Adalat is becoming an effective alternative dispute resolution forum in Bihar and on 23rd November 2013 over 1.5 Lakh cases including 9,120 in the state capital were settled (but which are not all land disputes)9. 7http://dolr.nic.in/dolr/downloads/pdfs/Draft_National_Land_Reforms_Policy_July_2013.pdf 8Under Section 19 read with section 21 of the Legal Services Authority Act, 1987 9Report of the Bihar State Legal Service Authority. 12 To ensure quick, transparent and effective justice by the Gram Kachahari, the State Government has provided services of Nyaya Mitra (Law Graduates) to every Gram Kachahari. This has facilitated the Sarpanch in getting legal advice deciding the cases expeditiously as well as judiciously. Finally, there are special types of disputes that need special attention. A number of cases under section 45B of the Ceiling Act are pending since long time in Bihar, making the determination of surplus land becomes very complex. Also the process of disposal of cases involving sharecroppers for dispute resolution machinery found very slow. As on 31st March, 2013, 15.39 percent cases relating to sharecroppers were only disposed off, leaving the pending cases to 84.61 percent. There is also a large number of pending cases for dispossession in the state. 2.9 Review of Institutional Arrangements and Policies The Department of Revenues and Land Reforms is the principal department for land administration and headed by the Minister. This department has separate wings for Land Administration, Survey and Settlement and Land Consolidation known as directorates. These are the (1) Directorate of Land Records and Survey; (2) Directorate of Land Acquisition and (3) Directorate of Consolidation. Other matters pertaining to land administration, such as management of land ceiling, bhoodan land and other related matter are being looked after by the different sections of the Revenue and Land Reforms Department. Rural and local bodies also have a role in land administration and gram panchayats are also managing the Gairmazarhua aam land. The Urban Development and Housing Department which controls ULBs are responsible for urban land management through ULBs. The Forest and Environment Department manages the forest land and their control. Policies are formulated at the government level and programmes emanating there from are implemented and supervised at the anchal (circle), sub-divisional, district and divisional level. There is a clear separation in the roles of policy formulation, implementation and arbitration. Original, Appellate and Revisional Authorities have been clearly defined under respective Revenue Acts. There is also no overlap in the responsibilities of Ministries and agencies dealing with land. The roles and responsibility of functionaries dealing with the land administration, regulation and management are clearly defined. However, almost all the departments in the state have huge shortage of staff and some of the key departments are being managed through dual charge by the official head. Shortage of manpower is evident in all layers of the department and shortage is highest at the grass root level offices. Moreover, officials from Revenue and Lad Reforms Department at field level have a range of other general administrative responsibilities, including magisterial and executive functions, in addition to land administration functions and which is one reason why records are poorly maintained. Apart from manpower shortage, lack of skill to effectively perform duties was also observed. Under Special Survey and Settlement Operation, modern technology is being used for preparation of record of rights and generation of revenue maps, but most of the officials/staff engaged with this work are not conversant with the modern systems, knowledge of ETS/DGPS etc. Circle Officers drawn from various departments may lack specialized expertise to discharge duties with regard to land revenue administration. The State Government has started taking steps to strengthen structure of Revenue and Land Reforms Department through reviewing and streamlining of procedures, setting out service standards, regular monitoring, massive capacity building all over Bihar, introduce new 13 technologies, recruitments to fill the sanctioned posts and the creation of Revenue cadre10. The sanctioned post for various revenue officials have been created vide this notification right from Circle Inspector to Additional Collector / Dy. Director under various sections of Revenue Department. Since these officials will remain in the Revenue Department throughout their career, their training, grooming and experience in course of time will help them to discharge their duties efficiently and effectively. This newly created separate revenue cadre is expected to address the problem of manpower, skill gaps and specialized expertise. There is no unified system for collection and maintenance of data for land possessed by different State Government Departments, Central Government Departments and Public Sector Corporations. Therefore, these data are not available. Hence, information regarding the management of such land is lacking. Presently, the state has no Land Use Policy and Land Use Plan for rural areas. There is an urgent need to frame rural Land Use Policy based on the existing Act/Rules/Policies. 3. Key policy recommendations: 1. Completion of Special Survey. Computerization and Digitization of record of rights and maps based on the Special Survey. 2. A State Land Use Policy for rural land, based on existing laws and policies, should be developed. Setting up a Land Use Board in Bihar for making 10-15 years Perspective land use plan and monitoring the implementation of land use plan is another requirement. 3. Set up a unified system for collection and collation of data for land possessed by different State Government Departments, Central Government Departments and Public Sector Corporations. This will help in developing data base for efficient management of land in future. 4. A vigorous special / massive, time bound programme should be started, focusing on giving possession to dispossessed persons, with proper co-ordination between revenue and police officials. A need based system of summary trial may help in solving the dispossession cases in rural areas of Bihar. 5. Set up effective Grievance Redressal machinery for Land disputes. 6. Enumeration of Common Property Resources and Common Land in each National Sample Survey. 7. E-linking of registry office computer with circle office for automatic mutation and updating of land record. 8. Bringing down stamp duty on registration of sale deed at par with other states i.e. 5 per cent. 9. Strengthening of land related departments with adequate trained manpower and infrastructure. th 10vide notification number 4020 dated 15 January, 2010 14 CHAPTER 1 INTRODUCTION Bihar is an agricultural state with about 76% of its population engaged in agricultural pursuits. Though endowed with good soil, adequate rainfall and good ground water availability, Bihar has not realized its full agricultural potential. Its agricultural productivity is one of the lowest in the country leading to rural poverty, low nutrition and migration of labour. Agriculture is the mainstay of the state economy. The contribution of agriculture in state gross domestic product has increased in the last five years. At current prices, agriculture, animal husbandry and fisheries contributed Rs.24791 crore in 2005-06, which shot up to Rs.54864 crore in 2011-12. As the state economy is rapidly growing in all sectors, the overall contribution of agriculture, animal husbandry and fisheries in the state’s gross domestic product has declined from 29.63 percent to 20.92 percent during this period. Bihar remained bereft of the first green revolution. Now the State is at the threshold of piloting ‘Rainbow Revolution’ in the country. As the Hon’ble Chief Minister of Bihar opines, “the ingredients of much desired Rainbow Revolution won’t essentially be the same as it was for the first green revolution in the country.” The Rainbow revolution would be system based, sustainable and evergreen. A new era in agriculture development has already been started in 2006. The state took a major step forward for the holistic development of agriculture through the Agriculture Road Map. Considering the progress of first Agriculture Road Map, aiming to trigger the processes of development in agriculture and allied sectors, Government of Bihar launched the second Agriculture Road Map for the years 2012-17. Its main objective is to increase productivity of major crops so as to bring it closer to highest yield of crops in the country. Bihar is the only state to have an agriculture 15 cabinet for focused policy guidelines, effective coordination and monitoring of the implementation of the schemes. The state has a geographical area of 94,163 sq km with population of 103.81 million. Administratively the state is divided into 9 divisions, 38 districts, 101 subdivisions, 534 blocks, 8463 panchayats, and 45103 revenue villages. The land use utilisation statistics of Bihar is as set forth in the table below. Table 1.1: Land Utilisation as on 30/6/2010 Geographical Area 94163 Km2 Forest Land 6845 km2 Area Not Available for Cultivation Land Area 1332514 hectare Perennial Water Area 207392 hectare Temporary Water Area 149818 hectare Total Area put to non agriculture use 1689724 hectare Barren and uncultivable land 431715 hectare Permanent Pasture and Grazing Land 15782 hectare Land under Miscellaneous Tree Crops 243979 hectare Cultivable Wasteland 45375 hectare Current Fallow 857627 hectare Other Fallow 121998 hectare Net Sown Area 5331733 hectare Total or Gross Cropped Area 7295805 hectare Area Cultivated More than Once 1964072 hectare Cropping Intensity (GCA/NSA) 137% Agriculture remains the primary activity and main livelihood for rural population in the state. In such a context, land becomes the most important resource, which the state must use in ways that leads to inclusive growth as well as ensure a balance between land used for industrial purpose and land for agriculture. This balance is critical for the state’s development. The other constraint to land as a resource is its limited supply. Therefore, it is critical that the state develops a fair estimate of its available land resources, maintains a highly detailed record of it and governs the resources such that efficient and optimal allocation of land is achieved. All this requires an efficient, transparent, accountable and equitable land governance system. In this context, the Land Governance Assessment Framework of the World Bank is being implemented in Bihar with a view to assess the current status of land governance in Bihar, to identify areas and issues which require urgent policy intervention. The LGAF implementation started in the state in October 2013 and the land governance in Bihar was assessed in nine focus themes as envisaged in the framework. The nine focus themes are: (i) Land Rights Recognition (ii) Rights to Forest and Common Lands & Rural Land Use Regulations (iii) Urban Land Use Planning and Development (iv) Public Land Management (v) Transfer of Public Land to Private Use (vi) Public Provision of Land Information: Registry and Cadastre (vii) Land Valuation and Taxation (viii) Dispute Resolution and (ix) Review of Institutional Arrangements and Policies. The LGAF framework consists of 27 land governance indicators (LGI) that covers a set of 9 panel topics. Each indicator is further broken down into a number of “dimensions” with pre-coded statements (on a scale from A to D). In total, there are 116 dimensions in the LGAF, which are to be ranked based on situation prevailing in the state. The study will help 16 in assessing the status of present land governance, strengths, weaknesses and suggest the measures to make the land governance transparent and effective. CHAPTER 2 METHODOLOGY The Land Governance Assessment Framework (LGAF) is a diagnostic tool to help evaluate the legal framework, policies, and practices regarding land governance and to monitor improvement over time. It emerged from a collaborative process between the World Bank and its partners that was based on the recognition of the increasingly important role of land governance to help countries deal with the challenges of the 21st century in terms of climate change, urbanization, disaster prevention, and management of increased demand for land in an integrated way that provides a basis for demonstrating progress over time. The LGAF is a diagnostic tool to assess the current land governance system under 27 land governance indicators (LGI) that cover a set of following 9 panel topics: 10. Land Rights Recognition 11. Forest and Common Land Management 12. Urban Land Use Planning and Development 13. Public Land Management 14. Transfer of Large Tracts of Land to Investors 15. Public Provision of Land Information 16. Land Valuation and Taxation 17. Dispute Resolution 18. Review of Institutional Arrangements and Policies 17 Each indicator is further broken down into a number of “dimensions” with pre-coded statements (on a scale from A to D). In total, there are 116 dimensions in the LGAF, which are to be ranked based on actual condition / situation prevailing in the state. A four-step methodology followed to conduct the study, as shown below. Step II Step III Step IV Step I Observe Report Prepare Analyze 1. Develop Technical and 1. Summarize data and 1. Validating Draft 1. Prepare survey instruments Financial Proposal evidences report 2. Mapping and Observations 2. Develop detailed Study 2. Prepare Background Report 2. Develop Final Report 1. Collect data / evidence as per and Dimension Ranking Plan requirement of deliverables 3. Conduct Panel discussion 3. Team Formation 2. Discussion with stakeholders at different levels 4. Develop Panel Aide 4. Finalize mechanisms for Memoire and information mapping. 5. Draft State Report To conduct the study following steps were followed. Step I : A team of Expert Investigators (EI) formed at the state level with expertise in land governance, land tenure and land reform system, land revenue and urban governance. Step II : This team of EI developed survey instruments, collected qualitative and quantitative data, background information, evidence, case studies to prepare background report and assess each dimension with legal provisions along with its policy implications. Step III : Under each Panel theme a panel of experts formed with local experts, subject expert, academicians, grass root level workers, activists etc. Step IV: Each panel discussed and assessed each of the dimensions under the ambit of the panel and ranked each dimension in a scale from A to D, based on pre coded data, evidences, legal provisions, case studies, good practices etc through a participatory process. The panel also identified gaps in legal provisions, administrative and institutional set up, implementation mechanism and policy implications and provided inputs for improvement. The methodology of this study involves identification and engagement of State Coordinator for the study and Expert Investigator for each Panel. The expert investigator and the state co-ordinating team members contacted the various departments and had detailed discussion on each issue and collected data. Database For collecting data / case study / background information / evidence and discussing various issues on each theme, following Government Departments were contacted; 18 1. Department of Revenue and Land reforms 2. Department Of Forests & Environment 3. Department of Welfare 4. Department of Registration 5. Wakf Board 6. Religious Trust Board 7. Department of Urban Development 8. Municipal Corporations 9. Departments of Mines and Geology 10. Department of Panchayati raj 11. Department of Rural Development 12. Department of Agriculture 13. Department of Statistics 14. Bihar Industrial Area Development Authority 15. HUDCO 16. Department of Industries 17. Department of Fisheries 18. Bihar Land Tribunal 19. Patna High Court 20. Patna District Court 21. Bihar Judicial Academy 22. Bihar State Legal Service Authority Reports The outputs of the study has been divided into four stages: 23. Preparation of Context Analysis 24. Preparation of Background report and Dimension Analysis 25. Conduct Panel discussion for each nine panel and Preparation of Panel Aide Memoire 26. Preparation of State Report Context Analysis Based on the available literature, different land related act and rules and discussion with various departments Context Analysis was prepared under coordination of LGAF State Coordinating Team. The context analysis was vetted by TAG members and discussed in a specially convened workshop at Hyderabad from 6th to 9th January, 2014. Background Report and Dimension Analysis In second steps various data were collected by contacting the concerned department, viewing their website and through publically published data in District Statistical Handbook and Annual report of various departments. After collecting data each theme was discussed in a small group consisting of Expert Investigators, State Co-ordinating team members and some senior officials of the concerned department and the background report and dimension analysis was attempted. Background report and dimension analysis were vetted by concerned TAG members. State anchor visited Bihar and had detailed discussion of Background Report and Dimension Ranking. The Background Report and Dimension Ranking were revised based on these discussions. Again, the same was discussed in a specially convened workshop at Delhi on 14th February, 2014. The suggestions made in the workshop and views of TAG members were incorporated in the Background Report and Dimension Analysis. A copy of the Background Report and Dimension Analysis was sent to the Principal Secretary, Revenue and Land Reforms Department, Govt. of Bihar and Secretary, Revenue Department, Govt. of 19 Bihar for their perusal and comments. The concerned chapter of the background and dimension ranking were also forwarded to the Urban Development Department, Registration Department, Industries Department, Forest Department and Bihar Industrial Area Development Authority (BIADA) for perusal and comments. Discussion with several senior officials of the concerned department took place and their viewpoints also incorporated in the Background Report. Panel Discussion and Panel Aide Memoir Nine panels consisting of experts of each theme, such as faculty members from CIMP, Central University, Chanakaya National Law University, A.N. Sinha Institute of Social Studies, Asian Development Research Institute (ADRI), NGOs, farmers’ club representative, Social Activists, senior officials from Industries Association, Chamber of Commerce and Institute of Charter Accountant participated. Each of the panel reports prepared by the expert groups were reviewed in respective panel discussion. Power point presentations were made on background, key findings, strength, weakness, best practices, policy recommendation and dimension ranking. Each dimension of particulars theme was reviewed and discussed in detail before coming to a consensus for ranking. In many a case earlier scores proposed by EIs were changed based on the deliberation by the panellists. Issues pointed out in the discussion and deliberation inn the panel discussion were also incorporated in Revised Background Note and dimension ranking. The Aide Memoire of all nine panel discussion prepared to document discussion made in the panel. Draft State Report The State Report is based on Revised Background Report, Panel Aide Memoire and Dimension Ranking. CHAPTER 3 STATE GENERAL CONTEXT 3.1.1. Bihar is an agricultural state with a total population of 103.81 millions of which approximately 88.70 per cent live in rural areas and the remaining 11.30 per cent live in urban areas. With a total area of 94,163 sq kilometres, the state accounts for about 2.88 per cent of India’s land mass and supports 8.58 per cent of the country’s population. Demographically, the state has 47.8 per cent of the female population as per 2011 census. Scheduled Castes and Scheduled Tribes constitute 15.72 per cent and 0.91 per cent of the population in the state (as per 2001 census). The literacy percentage as per 2011 census is 63.82 per cent (male 73.39 per cent and female 53.33 per cent). Density of population of the state is 1102 as per 2011 census, highest density of population was reported in Sheohar district which is 1882 and the lowest density of population was reported in Kaimur which is 488 per sq km. Male / Female ratio is 916 female per thousand of male. 3.1.2. The economy of the state is predominantly agrarian in character. Agriculture is the mainstay of the state economy. The contribution of agriculture in the state gross domestic product has increased in the last five years. At current prices, agriculture, animal husbandry and fisheries contributed Rs.24791 crores in 2005-06, which shot up to Rs.54864 crores in 2011-12. As the state economy is rapidly growing in all sectors, the overall contribution of agriculture, animal husbandry and fisheries in the state’s gross domestic product has declined from 29.63 percent to 20.92 percent in this 20 period. The net state domestic product from secondary sector is 37893 crores as on 2011-12 and 155163 crores in tertiary sector. The total net domestic product at current price during 2011-12 was 247920 crores. Thus the share of primary, secondary and tertiary sector in net domestic product at current price during 2011-12 was 15.28%, 62.59% and 22.13% respectively. Despite 15.28% share from the primary sector in the state net GDP, the size of workforce dependent on agriculture continues to be high, which underlines direct dependence on land of a large proportion of the state’s population. 3.1.3. Distribution of land holding pattern in the state indicates that majority of the farmers is small and marginal in the state which can be seen from the following table. Table 3.1: Distribution of land holding pattern as per agriculture census 2010-11 No. of Operational Area operated SI. No. Size Class (in ha) % Holding % Area Holdings (in ha.) Total 1. Marginal 14744098 91.06 3668727.64 57.44 2. Small 948016 5.86 1185695.24 18.56 3. Semi Medium 414664 2.56 1072969.00 16.80 4. Medium 81484 0.50 414941.12 6.50 5. Large 3129 0.02 45227.71 0.71 6. All Classes 16191391 100.00 6387560.71 100.00 (Source: Agriculture Census 2010-11) It appears from the above table that 96.92 per cent small and marginal farmer which controls 76 per cent of the land area. The number of landless people in the state is alarming which gives equity concern. 11.28 million people are working as agricultural labourer and most of them are landless. 3.1.4 Economic development, in general, has increased the demand for land across the state. Rising investments in infrastructure and roads have added to the pressure on land resource and also led to an increase in value. While this has happened, a commensurate improvement in well-functioning mechanism for use, transfer, acquisition and taxation has not followed suit. In this context, there is a need for improvement of land governance in the state to drive development. 3.1.5. Administratively, the state is divided into 9 divisions, 38 districts, 101 sub divisions, 534 community development blocks and 44874 revenue villages. Map of state indicating districts is appended below. 21 3.1.6. The exact number of record of rights is not available in the state. However, the number of Kheshra was 2,98,50,807 in 32 districts of Bihar (urban and rural). There is no bifurcation of the rural and urban RoR. The total number of Kheshra for Arwal, Sheohar, Muzaffarpur, Nawada, Kaimur and Supaul is not readily available. 3.1.7. The Bihar Tenancy Act, 1885, deals with respective rights and obligations of the state and tenants. In the pre-zamindari abolition period, there were many nomenclatures related to tenancy including estate, proprietor, landlord, tenure and tenure holders. After the enactment of the Bihar Land Reforms Act, 1950, which led to the abolition of the zamindari, many such nomenclatures died out and they are no longer in current usage. Tenancy law primarily concerns with agricultural land, falling in rural areas. In pre- independence period, the zamindars or intermediaries used to collect rent from the raiyats and deposit the same in the treasury. They were also called landlords. After the abolition of the zamindari, the raiyats came into direct contact with the government. 3.1.8. The current post-independence scenario has been duly reflected at appropriate places in the Bihar Tenancy Act, and in Acts which came into effect in the post-independence era. Explicit provisions with regard to the rights and obligations of the raiyats vis-à-vis the state, has been made a formal part in all these enactments. It will be pertinent to point out that while recognition of individual land rights is essential, no less essential is the stipulation of laws regarding the obligations of the individual raiyats towards the state. 3.1.9. Now the tenure system in the state is ryotwari system under which individual cultivators are recognized as proprietors of their land with rights to sub-let, mortgage and transfer land through sale or gift. Tenure of land was secure as revenue payment was made directly to the government. As revenue return from the land was low, indebtedness grew and this in turn led to the sale / dispossession of land. 22 3.1.10. A raiyat is supposed to cultivate the land personally and not to engage another person on a crop share basis. If somebody else is attached to agricultural operation under a raiyat on crop share basis, he will be called an under-raiyat. Chapter VIII of the Bihar Tenancy Act, 1885 is devoted fully to under-raiyats. Section 48 C of the Act provides that if an under-raiyat has held land continuously for a period of 12 years under a lease or otherwise, he / she shall acquire the right of occupancy in that land. Nonetheless, there is major shortcoming in this section. Its proviso says that no such occupancy rights shall accrue if the land held by the raiyat is less than 5 acres of irrigated or 10 acres of other land. By implication, the provision with regard to benefits accruing to under-raiyats including protection against ejectment are not available to vast majority of under-raiyats who work under small and marginal farmers. 3.2. Land Administration in Bihar In Bihar, the Department of Land Reforms and Revenue headed by the Minister is primarily responsible for land administration. The Revenue Department has following three directorates: 1. Directorate of Land Records and Survey 2. Directorate of Land Acquisition and 3. Directorate of Consolidation The work relating to land records and survey, land acquisition and land consolidation are being looked after by the respective directorate under the Land Reforms and Revenue Department. Other matters pertaining to land administration such as land ceiling, bhoodan land and other related matter are being looked after by the different sections of the Revenue and Land Reforms Department. The organizational structure of Revenue and Land Reforms Department and their three directorates are enclosed herewith as annexure 4.9.1A, 4.9.1B and 4.9.1C. The Revenue Department officials at field level in Bihar, as in the case of several states, have a range of general administrative responsibilities along with land governance. This includes magisterial and executive functions. Specific land governance related function such as land registration and valuation are being looked after by a separate department known as Registration Department. In addition to the revenue department, the rural and local bodies also have a role in land administration. The village level rural local bodies, called gram panchayat, manage the Gairmazarua aam land, while the urban local bodies are responsible for the maintenance of the urban land under their jurisdiction. Moreover, Forest and Environment Department manages the forest land and their control. The Urban Development and Housing Department which controls ULBs are responsible for urban land management through ULBs. The Principal Secretary of the respective departments (Revenue and Land Reforms, Forest and Environment, Registration, Urban Development and Housing and Industries) is the Principal Executive Head for the overall land administration / management in their respective areas. The organizational structure of the related department has been enclosed as annexure 4.9.1D, 4.9.1E, 4.9.1F, 4.9.1G and 4.9.1H. Almost all the departments in the state have huge shortage of staff. Some of the key departments / directorates / sections are being managed in dual / multiple charges. 3.3. Land record in Bihar After completion of cadastral survey, the revisional survey could only be completed fully in 12 districts and partly in 14 districts. Revisional survey could not be started in 12 districts. Now the special survey has been started but the progress of the same is not so good. The 23 progress of special survey is also poor. Till November 2013 the progress of the special survey is as under. Aerial photography done - 7696 villages of 5 districts Formation of ground control points - 15594 villages Processing of data received from aerial photography - 2033 villages Khanapuri done - 237 villages Publication of map - 1 village Due to non-completion of revisional survey, the land records are not up-to-date. Under the National Land Records Modernization Project (NLRMP) of the Ministry of Rural Development, digitization of Record of Rights (RoRs) and maps has been started. The Cadastral Khatiyan finally indicates the right of the records of a raiyat and establish right and possession of a person on the occupant land. There are 1,06000 maps in Bihar (Cadastral Survey Map-62000, Revisional Survey map-44000), out of which 72716 nos. of maps have been scanned and digitized. The detail of progress of digitisation has been given in following table: Table 3.2: Details of digitization of maps as on 30th June, 2014 Particulars Total Available Digitisation done Cadastral Survey 62,000 61,731 61,006 (99.57) (98.83) Revisional Survey 44,000 39,895 11,710 (90.67) (29.35) Total 1,06,000 1,01,626 72,716 (95.87) (71.55) (Source: Revenue and Land Reforms Department, Government of Bihar) Figure in bracket indicate percentage. About 4374 numbers of maps are either damaged or not available. Department is making arrangement to procure a copy of these maps from the concerned Circle Office/Sub-divisional office. Maps of five districts viz. Bhahua, Buxar, Bhojpur, Patna, Nalanda have put on website for public use. 71.55% of maps have already been digitized. Government is making effort to complete 100% digitization of maps by December, 2014 and placing them on website. 3.4. Computerization of Land Records So far as the computerization of land records in Bihar is concerned, data entry work has been completed in 13 districts namely Darbhanga, Madhubani, Kishanganj, Araria, Sheikhpura, Bhagalpur, Bhojpur, Vaishali, Muzaffarpur, Rohtas, Jamui, Madhepura & Buxar. Availability of data on website: - Land records data of nine districts namely Darbhanga, Madhubani, Kishanganj, Bhagalpur, Bhojpur, Buxar, Muzaffarpur, Rohtas and Katihar are available on website. Rest of the districts will follow in phase wise manner. 3.5. Equity concern in Land Administration For meeting the equity concern, the government has allotted land to landless people from ceiling surplus land and bhoodan land. Similarly, the government has taken a big initiative of allotting land to houseless persons for construction of house. Land from various pools has been allotted to the economically weaker sections of society not having house site for construction of houses. Even lands have been purchased for allocation to weaker sections of the society for construction of house. But the major problem is giving possession of the land and dispossession of the allotted land. 3.6. Recent Initiatives 24 The government has taken many initiatives to improve land administration in the state; some of them are as under. 4. Bihar Land Dispute Resolution Act, 2009 which is omnibus, cost effective and time effective. 5. Bihar Land Conversion Act 2010 6. Bihar Special Survey and Settlement Act, 2011 7. Bihar Urban Planning and Development Act, 2012 8. Establishing of Land Tribunal in the State 9. Self sustainable model of 100 per cent computerisation of registry office 10. Creation of revenue cadre 11. Started the process of filling vacant posts in various land related departments 3.7. Overall, in Bihar, there are a number of initiatives to improve aspects of land administration system. It is encouraging that the need to invest in improved system is well recognised. However, these initiatives seem to be working in isolation and there seems to be an absence of an overall strategy to improve the land administration system. CHAPTER 4 THEME WISE ANALYSIS 25 4.1. LAND RIGHT RECOGNITION 4.1.1 INTRODUCTION For last few decades, the growth of urbanisation, industrialisation and infrastructure development has increased the importance of land significantly. In Bihar there are instances of encroachment, dispossession, displacement and alienation of land. Since independence the State Government of Bihar has made enormous efforts to secure land rights and tenurial rights of people. Several Acts and rules have been promulgated to recognise land right and ensure equity on land resources. 4.1.1.1 Recognition of Land Rights and Enforcement The Bihar Tenancy Act, 1885, deals mainly with respective rights and obligations of the state and tenants. Tenancy law is primarily concerned with agricultural land falling in rural areas. In the pre-independence period, the zamindars or intermediaries used to collect rent from the raiyats and deposit the same in the treasury. They were also called landlords. After the abolition of the zamindari, the raiyat came into direct contact with the government. The government, being the ultimate owner of the land, is the landlord. The current post-independence scenario has been duly reflected at appropriate places in the Bihar Tenancy Act, 1885 and in acts which came into effect in the post-independence era. Explicit provisions, with regard to the rights and obligations of the raiyats, vis-à-vis, the state, have been made a formal part in all these enactment. It will be pertinent to point out that while recognition of individual land right is essential, no less essential is stipulation of laws regarding the obligations of the individual raiyat towards the state. The Bihar Tenancy Act 1885 under section 20, defines a settled-raiyat, as a person who has continuously held land situated in any village, whether under a lease or otherwise, whether wholly or partly, for a period of twelve years, shall be deemed to have become a settled raiyat of the village, even if the particular land held by him has been different, at different times, he will be deemed to have held the land in a village continuously. Raiyat includes his or her heirs as well. Land held by several co-sharers shall be deemed to have been held by each co-sharer. If a raiyat abandons land and recovers possession u/s 87, his continuity will be deemed on the first plot of land he used to cultivate. Section 23 of the Bihar Tenancy Act provides for the rights of raiyat in respect to the use of land. This also carries obligations. He may use the land in any manner which does not materially impair the value of the land or render it unfit for the purposes of the tenancy. However, the manufacture of bricks and tiles for the domestic or agriculture purposes of the raiyat or his family or for any educational purpose, excavation of tanks or digging of wells for drinking or other domestic purposes and the construction of building for the same purpose, will not be supposed to impair the value of land materially or to render it unfit for the purpose of tenancy. A raiyat means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself or by members of his family or by hired servants or with the aid of partners on a crop share basis. If somebody else is attached to agricultural operation under a raiyat on crop share basis, he will be called an under-raiyat. Section 48 C of the Bihar Tenancy Act, 1885 provides that if an under-raiyat has held land continuously for a period of 12 years under a lease or otherwise, shall acquire the right of occupancy on that land. Nonetheless, there is major short coming in this section. Its proviso says that no such occupancy rights shall accrue if the land held by the raiyat is less than 5 acres of irrigated or 10 acres of other land. By implication, the provision with regard to benefits accruing to 26 under-raiyats including protection against ejectment are not available to vast majority of under-raiyats, who work under small and marginal farmers. As per agricultural census of 2010-11, 96.92 percent of the state aggregate of operational holdings were held by marginal and small farmers. By implementation of the provisions in regard to the empowerment of the under-raiyat working 96.92 percent marginal and small farmers are out of their pale. Area involved in operational holdings of marginal and small farmers comes to 76 percent. By implementation, under-raiyats substituting if any, 76 percent of the operational holdings in Bihar will be deprived of the benefit given by law especially with regard to security of land and tenure. Section 48 (D) of the Bihar Tenancy Act, 1885 provides that on payment of 24 times of amount of rent to the land owners, under-raiyat can become a raiyat. Section 48 E of the Bihar Tenancy Act provides a quasi-judicial mechanism for the resolution of disputes between the landholders and under-raiyats. The quasi-judicial procedures involve local inquiry which may lead to the recognition of under-raiyati rights and prevention of ejectment even though; there is no formal recording of the under-raiyat. Social evidence is potent enough to tilt the balance in his favour. Such safeguards need to have a place in all such state laws where concealed tenancy is rampant and where with the efflux of time since independence, it is no longer feasible to go in for recording the aforesaid concealed tenancy. Though there exists some loopholes, it has been stated under section 21 of the Bihar Land Ceiling Act, 1961 that an under-raiyat situated in the ceiling area of the landholder will be deemed to have acquired the status of an occupancy raiyat upon payment of compensation to the landholder again. Section 22 provides for the acquisition of the raiyati status to an under-raiyat upon all surplus land. By a recent amendment it has been provided that 50 percent of the beneficiaries of ceiling surplus land would be women. 4.1.1.2 Customary Rights Customary rights prevail, by and large, in tribal communities which have a long unbroken tradition of ethnic distinction. Even within a tribal community, rights vary from clan to clan, group to group. Prior to 2000 when present Jharkhand state formed a part of Bihar, the state was placed in the 5th schedule of the constitution. Tribal population in post bifurcated Bihar is meagre and geographically sparse. The non-tribal people have their customary rights embedded in their personal laws. Hindu families are governed by the Mitakshara School Hindu Law while the Muslim population is governed by Mohammedan Law. Land related laws in the state are secular with a slight exception in the ceiling law, when the concept of a raiyat is taken to the respective sources of coparcenary rights as per the Hindu or the Mohammedan Law. 4.1.1.3 Cadastral Survey / Revisional Survey / Special Survey in Bihar After the enactment of the Bengal Survey Act, 1875, the Cadastral Survey was taken up district-wise in Bihar in 1885 and it was completed in 1922. Almost all the districts of the then Bihar was cadastrally surveyed for the first time and revenue village-wise plots of land on maps were drawn and accordingly record of rights were also prepared. It is noteworthy that the cadastral survey was completely based on Traverse Survey. Revisional Survey 27 After vesting of zamindari, the government took up the Bujharat operation in 1950-60 for proper verification and identification of public land including raiyati land, but that operation miserably failed. To have an up to date land records, revisional survey operations were taken up in 1960s. In some of the districts it was completed in a very long period, though the final product became obsolete due to slow pace of the work. Revisional survey could not be taken up in some districts. These surveys provide, in turn, a presumptive set of titles instead of conclusive titles. The following table will clarify more the progress of revisional survey operations in Bihar. Table 4.1.1: Progress of revisional survey as on 31st March, 2013 Revisional survey completed Revisional survey partly Revisional survey not completed taken up Purnea, Katihar, Kishanganj, Saharsha, Supaul, Madhepura, Nalanda, Munger, Jamui, Araria, Muzaffarpur, Vaishali, Darbhanga, Madhubani, Lakhisarai, Sheikhpura, Sitamarhi, Sheohar, Bhojpur, Samastipur, Bhagalpur, Banka, Khagaria, Begusarai, Buxar, Kaimur, Rohtash Gaya, Nawada, Jehanabad, Chapra, Siwan, Gopalganj, Arwal, Aurangabad, Patna East-Champaran, West Champaran ( 12 districts) (14 districts) (12 districts) Special Survey The state government has introduced Bihar Special Survey and Settlement Act, 2011, followed by Rules, 2012 to conduct survey in whole of the state, in a time-bound manner by using modern technology, aerial survey technique with ground verification by means of Digital Global Positioning System (DGPS), and Electronic Total Station (ETS). The state government proposed to complete the survey of entire state within three years. For this survey several new initiatives like setting up of base station, creation of additional positions, wide publication etc. have been taken up. The Special survey has been started in 13 out of 38 districts in 2012-13. In 2013-14, survey works going on in thirteen districts and for 2014-15, twelve districts have been identified for survey and re-survey. The detailed plan for special survey has been given in the table below: Table 4.1.2: Selected Districts for Special Survey in Bihar Districts selected for survey Districts also have been Districts selected for survey and resurvey in 2012-13 selected for survey and and resurvey in 2014-15 resurvey in 2013-14 Nalanda, Saran, Bhagalpur, Bettiah, Gopalganj, Patna, Sitamarhi, Vaishali, Sheohar, Munger, Sheikhpura, Bhojpur, Buxar, Rohtas, Banka, Darbhanga, Begusarai, Lakhisarai, Kaimur, Gaya, Jehanabad, Madhubani, Samastipur, Khagaria, Jamui, Siwan, Arwal, Aurangabad, Nawada Saharsa, Madhepura, Supaul, Purnea, Katihar and Motihari and Muzaffarpur Kishanganj and Araria (Source: Director, Land Records and Survey) The progress of special survey is also poor. Till November 2013 the progress of the special survey is as under. Aerial photography done - 7696 villages of 5 districts Formation of ground control points - 15594 villages Processing of data received from aerial photography - 2033 villages Khanapuri done - 237 villages Publication of map - 1 village 28 The Bihar Special Survey and Settlement Act, 2011 (Rules 2012) preceded the launch of survey and re-survey in Bihar. These surveys provide, in turn, a presumptive set of titles instead of conclusive titles. However, record of rights certainly has relevance in the matters of land rights recognition. But even in this limited and consistent view of things, much remains to be desired to arrive at final figures. This act focuses on a time-bound survey with abridged procedures inbuilt. Care has been taken to ensure quality, transparency and grievance redressal in the special survey. The following steps have already been taken in this regard: 1. Aerial Photography completed in 5 districts namely Nalanda, Saran, Bhagalpur, Munger & Sheikhpura. 2. Creation of Secondary Control Points at 46 locations completed in above mentioned 5 districts. 3. Documentation of Secondary Control Points completed in above mentioned 5 districts. 4. Creation of Base station work completed in above mentioned 5 districts. 5. Wide publicity has been conducted. 6. Data captured through Aerial Photography has been received by the Assistant Director-Cum-Security Officer, Bihar Survey Officer, Gulzarbagh, Patna. 7. Digital map of Katrisarai Anchal under Nalanda district received for verification. Khanapuri work completed in 2 revenue villages. 4.1.1.4 Computerization of Land Records Data entry work completed in 13 districts and Land records data of nine districts available on website. 14672 Map sheets have been digitized. In 70 Anchal (Circle) Offices Modern Record Rooms have been created and in 16 Anchals Installation of computer Hardware and Modern equipments have been completed. Regarding the computerization of land record in Bihar, it reflects that the land records data is being captured on website, updating of Record of Right (RoR) is in progress but it is very much relevant to point out here that RoR which are available in the Anchal Office do not match with the ground realities because of transfer, sale, fragmentation of the parcel of the land. The Bihar Special Survey and Settlement Act, 2011 (Rules, 2012) has come into operation. Modern technologies are being used for demarcation of land parcel and preparation of record of rights. After completion of this survey E-interlinkage with Registries will be feasible and fruitful too. 4.1.1.5 Maintenance of Record and Access of Information related to Land In Bihar there are clear and transparent processes of keeping records, which are properly maintained in all cases of public land, assigned to eligible private individuals and institution. The halka office keeps continuous khatiyan (Register 1B), which shows description of land and their areas and boundaries. The Khesra Register (Plot Register) and Public Land Register are also maintained in halkas. Circle officers maintain the records & registers of public land in such a way that every person of the concerned area can access it. To access any information related to record of rights and maps related to public land, one has to apply to the Officer-in-charge of District Record Room. The information may be collected from any circle office if the information is available there. For getting information related to land or have land map the applicant has to pay fees as prescribed. For maps, Government Press at Gulzarbagh, Patna has been authorised to supply the required maps against the stipulated payment. The record of rights / maps are not fully digitised and kept online. Making the whole record of rights and maps online shall solve the problem of accessibility. 29 Due to non-completion of revisional survey in various districts and poor maintenance of records, the condition of record of rights and maps are in poor condition and a large portion of these records and maps have already got damaged. The record of rights and maps of some districts are nearly 90-100 years old. In absence of up to date land records the transfer of land, on account of transfer through a sale deed, succession, inheritance and subsequently mutations and other revenue works, are suffering. To some extent, this has also become the reason for growing number of land related disputes in the state. 4.1.1.6 Women’s Right to Property As far as the women’s right to property is concerned, there is an overall salutary effect of the Hindu Succession (Amendment Act 2005), which states that any property to which a female Hindu becomes entitled by virtue of sub section (1) of the act, shall be held by her with the incidents of coparcenary ownership and shall be regarded, notwithstanding anything contained in this act, or any other law for the time being in force, as property capable of being disposed of by her under testamentary disposition. The daughter is allotted the same share as is allotted to a son. The Hindu Succession (Amendment Act 2005) gives equal rights to daughters to succession. The need of the hour is to propagate this amendment and create awareness among women. The record of rights prepared in Bihar, by and large, carries the name of the male coparceners as there is an exclusive incumbent to raiyati status belonging to the female sex who is either a widow or a spinster. Perhaps it will be voluminous to add the names of female along with the males. Nevertheless, by implication, the female’s share right and title with male coparceners by way of inclusion and there is no explicit exclusion. The state government is well advised to recognize and guarantee women’s community rights and ownership over common property land in villages. There is also a need to create a firm database in respect of the land ownership of the women and women held household. All new homestead land distributed to landless families should be only in women’s name where more than one adult woman (widows, elderly women etc.) is part of the household. The names of all females adults should be registered. When regularising the homesteads of families occupying irregular and insecure homestead, the homestead so regularized should be in the names of both spouse and single women. Government should make provisions for equal availability of agricultural inputs to women farmers. There should be representation for women, especially for Scheduled Caste / Scheduled Tribes women in agencies setup to monitor land reforms. 4.1.2. ASSESSMENT OF DIMENSION Indicator 1.1 Recognition of a continuum of rights: the law recognizes a range of rights held by individuals (incl. Secondary rights of tenants. Sharecroppers, women etc.) Dimension 1 1 1a Individuals' rural land tenure rights are legally A Existing legal framework recognizes rights recognized. held by more than 90% of the rural population 1 1 1b Individuals' rural land tenure rights are protected in B Existing legal framework protects rights held practice by 70% - 90% of the rural population 1 1 2 Customary tenure rights are legally recognized and D Customary rights are not legally recognized protected in practice. and not protected in practice 1 1 3 Indigenous rights to land and forest are legally C Partly Recognition of indigenous rights, which recognized and protected in practice.. are protected 1 1 4 Urban land tenure rights are legally recognized and C Existing legal framework recognizes rights protected in practice. held by 50% -70% of the urban population 30 Analysis of Dimension: 1.1.1 (a): Legal Recognition of Individual’s Right on Rural Land In Bihar there are laws and acts to ensure rights, and the language of law is quite clear to protect rights of individuals. At present, records of rights have been prepared mainly for collection of rent on the basis of classification of lands, as such, the tenant is presumed to be proprietor of the land unless it is proved otherwise. Section 102 of the Bihar Tenancy Act, 1885 prescribes the particulars to be recorded in the record of rights under which the name of tenant or occupant has to be recorded. According to section 103 B (3), every entry in the record of rights so published shall be conclusive evidence of matter referred to such entry and shall be presumed to be correct, unless it is proved by evidence to be incorrect. However, the record of rights has relevance in the matter of land rights recognition. There is no explicit difference in the informal and legal system in the rights of the vulnerable families and community members. Rather, concerted efforts in post independence era have been made to allot Bhoodan, Ceiling Surplus, Gairmazarhua Malik and Gairmazarhua Aam (Where the nature of lands have changed and the gram sabha has endorsed) lands to the eligible categories of vulnerable families. Moreover, by a recent amendment in the Ceiling Law, 50% of the Ceiling Surplus land has to be settled with women from eligible categories under section 27 of that Act. In a nutshell, it has been ensured that there is no gap in principle and practice in ‘creating’ land rights for vulnerable sections of our disadvantaged population. Analysis of Dimension 1.1.1 (b): Protection of Rights of Individual’s Land Tenure Individuals' rural land tenure rights are legally protected but there is gap in implementation. There is no systematic survey of share croppers who are deprived off land rights as per law, so there is no data and number of tenants available. Reference here is made to Section 48(C) of the Bihar Tenancy Act, 1885, whereby occupancy under-raiyati accrues to a share cropper if he has worked for 12 years as such. A further reference is made to Section 48(D) of the Bihar Tenancy Act, 1885 whereby an occupancy under-raiyat can become an occupancy- raiyat of the plot held by him upon payment of 24 times of annual rent as compensation to the land holder. Here, the word ‘rent’ refers to the value of the produced share not the revenue rent that is payable to the government. When all said, the fact remains that even though occupancy rights have hardly accrued to the share croppers, section 48(E) of the Bihar Tenancy Act, 1885 provides for protection to the share cropper against ejectment or threatened ejectment by the land holder. The share cropper in such cases can approach a conciliation board. Even though sharecropper rights are not formally recorded anywhere the board can visit the spot and collect local evidence to reach at a conclusion. This is a silver lining, in an otherwise cloudy scenario. Under section 48 (C) of the Bihar Tenancy Act, 1885, rights have been ensured to the under-raiyat who holds a piece of land for 12 years or more. But, if a share cropper is in the field of land holder holding less than 5 acres of irrigated or 10 acres of un-irrigated land, the right of the share cropper shall not be legally recognized, whereas, in Bihar, around 90% of the land comes between 5-10 acres. This implies that, the Bihar tenancy Act, 1885 cannot protect right of sharecropper on around 90% of the land. There are around 25-30% of farmers who are sharecroppers, whose rights are under stake. So it is concluded that law is protecting right of 70-75% of share croppers. Though legal protections are there, there are gaps in implementation. Analysis of Dimension 1.1.2: Legal Recognition of Customary Tenure Rights There are some indigenous practices in the district of West Champaran of Bihar, known as “Jharta Parta” “Harsandha or Gharsandha” under which there are privileges to nearby 31 villagers of the forest to procure the fallen trees or woods up to a specific size, but these rights are not legally recognized. So far as the recognition of indigenous and related rights are concerned the Forest Right Act (FRA), 2006 is a central law applicable to all the states. Basically, it is question of carrying out survey as per the provision of the act to reach out to the target groups. Survey proceeds enforcement of rights. The progress so far in the implementation of FRA in Bihar leaves much to be desired. In the first instance, survey of the areas concerned has to take place in the right spirit, petitions have to be collected and examined judiciously. Reasons have to be assigned for rejection. Appellate provisions have to be explained to the applicants, for that training and awareness drives have to be launched on a regular basis and monitoring at various levels is ensured. Analysis of Dimension 1.1.3: Legal Recognition and Protection of Urban Land Tenure Rights Though legal framework is applicable and protecting 90% of the population as discussed in 2.1, but implementation is deficient. There is lack of data in urban area, regarding deprivation of legal rights. There is recognition of land rights in urban areas against lands held by individuals, households, apartments, group housing, commercial complexes, slums and the like, and forums for redressal of disputes and grievances exist. Analysis of Dimension 1.1.4: Recognition of Urban Land Tenure Rights In general, the provisions of Bihar Tenancy Act, 1885 do not exclude urban areas in application, since there is no notification of the State Government regarding such exclusion. Apartment Act and Slum Policy of the government cover apartment and slums. Also the latest version Bihar Khasmahal Policy lays down the underlying principles of leasing out lands under the direct management of the government to the lessees. Assessment of Indicator 1.2: Respect for and Enforcement of Rights Dimension 1 2 1 Accessible opportunities for tenure D Although there is demand, the law provides no individualization exist. opportunities for those holding land under customary, group, or collective tenures to fully or partially individualize land rights. 1 2 2 Individual land in rural areas is recorded and A More than 90% of individual land in rural areas is mapped formally recorded and mapped. 1 2 3a Individual land in urban areas is recorded. A More than 90% of individual land in urban areas is formally recorded 1 2 3b Individual land in urban areas is mapped. B Between 70% and 90% of individual land in urban areas is formally mapped. 1 2 4 The number of illegal land sales is low. B The number of illegal land transactions is low and some are unambiguously identified on a routine basis. 1 2 5 The number of illegal lease transactions is B Existing legal restrictions on land leases, if any, are low. clearly identified, justified and accepted by all parts of society, but not fully understood by land users, so that compliance is partial. 1 2 6 Women's property rights are recorded. D Less than 15% of land recorded to physical persons is recorded in the name of women either individually or jointly. 1 2 7 Women's property rights to land are equal to C Equality of women's property rights to those by those by men both in law and in practice. men is established by law, but there are considerable limitations to exercising such rights in 32 practice. Analysis of Dimension 1.2.1: Scope for Individualization of Land Rights There are no customary rights and there is no concept of collective tenure in Bihar. The panelists found this dimension inapplicable and irrelevant in the context of Bihar. This dimension seeks to explore the scope for individualization of rights held by a raiyat as a member of any customary group. There is no occasion of such scope for individualization of rights held by a raiyat as a member of any customary group in Bihar. There is neither any customary nor any group nor any collective tenures in the state of Bihar. Analysis of Dimension 1.2.2: Recording and Mapping of Individual Land in Rural Areas The survey operation in Bihar was conducted in three phases. The cadastral Survey completed in 1922-25. The Revisional Survey started in the decade of 1960s but did not cover all the districts. It completed in 12 districts but took long time to complete. In 14 districts it started but partially covered. In 12 districts the revisional survey could not be started. The new Special Survey has just started, and map of only one village has published so far. During survey and settlement operations each and every plot of the village was surveyed, recorded and accordingly maps on certain scale were prepared for identification and measurement of each and every plot. But as the revisional survey could not be completed in 14 districts the land records are not up to date and accordingly maps also do not reflect the current ground reality. Although due to non-completion of revisional survey the land record have became outdated, but all the individual land in rural areas had been formally recorded and mapped. Analysis of Dimension 1.2.3 (a): Recording of Individual Land in Urban Areas As discussed above, during survey operations every plot was recorded. Recording of urban land also has been done but not the superstructure / building. GIS based mapping of individual property including apartment, group housing schemes have been completed in 17 towns of the state. GIS based mapping for purpose of collection of property tax has been completed in 7 towns of the state. Analysis of Dimension 1.2.3 (b): Mapping of Individual Land in Urban Areas Though lands in urban areas are recorded, but maps for all are not available. Generally maps on larger scale are prepared to facilitate the identification of small plots. The land in the urban area is mapped but not the super structure. The process of GIS-based mapping of urban area has been started; base maps of 17 towns are ready and work is in progress for preparation of base map of other 12 towns. GIS based mapping for purposes property tax has been completed in 7 towns of the state. Analysis of Dimension 1.2.4: Magnitude of Illegal Land Sales Under section 26 A (1) and (2) of Bihar Tenancy Act every occupancy right can be transferred by way of sale, exchange , gift but some illegal land sales/leases occur as the registration officer need not be concerned with the validity of documents presented before him for registration. There are provisions where the aaggrieved party may approach to appropriate court for redressal of disputes. These conditions are applicable for property transfer in both urban and rural areas. As there is no data on this issue, it is difficult to conclude a quantitative result for this issue, but even though illegal sales occur, there is mechanism available to counter it and magnitude of illegal sales are not much. Analysis of Dimension 1.2.5: Magnitude of Illegal Lease Transaction 33 There are provisions under the Bihar Khasmahal Policy, 2011 for regulation of leases including cancellation of the leases in urban areas. The Bihar Tenancy Act, 1885 does not disallow leases altogether. The word ‘Under raiyat’ is duly and legally recognized form of tenancy. The Bihar Tenancy Act, 1885 highlights personal cultivation. Section 48C of the Bihar Tenancy Act, 1885 provides for accrual of occupancy rights for under raiyat, if he has cultivated the land holder’s land for more than 12 years. Under section 48(D) of the Bihar Tenancy Act, 1885, the ‘under-raiyat’ may became a raiyat on payment of 24 times of the rent to the land holder. Similarly, an under-raiyat can become raiyat under section 21 and 22 of the Ceiling Act also. Agricultural leases may be oral and no survey has been conducted to record on the raiyati rights in the state. Any person cannot take lease land beyond the limit prescribed under the Ceiling Act. Analysis of Dimension 1.2.6 & 7: Women's Property Rights In law Women’s property rights are equal to those of men’s rights but in practice the recording of the name of women in a formal record found are very few. Though Hindu Succession Act has been amended in 2005 in favour of women right over property, but its application is not very prominent. Record of rights is prepared during the survey operation. In some of the cases the name of female member as tenant is recorded only in case of death or absence of male member of the family. It is found that in Bihar 12.8% lands are recorded in the name of women. 4.1.3. CONCLUSION In Bihar there are numbers of Act and Rules enacted and developed to protect rights of the tenure holder. The language of law is quite clear to protect rights as well it is applicability to everyone. The record of rights, so prepared, has relevance in the matter of land rights recognition. At present, records of rights have been prepared mainly for collection of rent on the basis of classification of lands, as such, the tenant is presumed to be proprietor of the land unless it is proved otherwise. Since independence, concerted efforts have also been made to create land rights for vulnerable and disadvantaged sections of the population. But it is a matter of concern that occupancy rights have hardly accrued to the share croppers. Though there are legal provisions for protection to the share cropper against ejectment or threatened ejectment by the land holder, recognition of the right of the share cropper and their protection are needs of the hour. In Bihar, due to absence of correct and updated data related to record of rights is one of the most problematic areas, which sometimes paves the ways for conflicts and disputes related to land. The cadastral Survey was completed in 1922-25. The Revisional Survey started in the decade of 1960s but did not cover all the districts. It completed in 12 districts but took long time to complete. In 14 districts it was started but partially covered. In 12 districts the revisional survey could not be started. The new Special Survey has just started, and map of only one village has been published so far. There is an initiative for GIS based mapping for urban areas which was completed in 17 towns of the state. The status of women right over land in Bihar is also poor. Though the amendment of Hindu Succession Act in 2005 provides female members of the household coparcenary ownership, but there is gap in proper implementation. The record of rights prepared in Bihar, by and large, carries the name of the male coparceners and as there is an exclusive incumbent to raiyati status belonging to the female sex who is either a widow or a spinster. In Bihar, only 12.8% land is recorded in the name of women. But there are some positive initiatives by government as by a recent amendment, in section 27 of the Bihar Land Ceiling Act, 50% of the allottees of surplus land coming under ceiling have to be women belonging to eligible categories. The decision of distribution of bhoodan land, ceiling land, gairmazarhua aam and gairmazarhua 34 khas land to weaker section of the society is a welcome effort. But land allottee under these distributions also suffers from dispossession encroachment. Due to weak enforcement, the rights of land in Bihar have been distorted due to encroachment and dispossession. Recognising right of share croppers and the constraints associated with ensuring their rights remain a matter of concern. 4.1.4 STRENGTH The strength of this sector is the recent legislative enactments. The enactments started below are regarded as landmarks in the field of Land Reform measures in Bihar. 1. Bihar Land Disputes Resolution Act, 2009 (Rules, 2010) 2. Bihar Land Tribunal Act, 2009 (Rules, 2010) 3. Bihar Agricultural Land (Conversion for Non-Agriculture Purposes) Act, 2010 (Rules, 2011) 4. Bihar Land Mutation Act, 2010 (Rules, 2012) 5. Bihar Special Survey and Settlement Act, 2011 (Rules, 2012) 1. The Bihar Khasmahal Policy, 2011 related to land in urban areas and under the direct management of the Government is transparent, self explaining and, thus, has clearly removed the complications in terms of its renewal, transfer, assignment, subletting etc. 2. The Government efforts to give land for house sites, through various land streams, to mahadalit families have been appreciated and address the equity concern. The table below highlights the number of beneficiaries to whom house sites has been allotted, as on December, 2013. Table 4.1.3: Details of house sites allotted under various schemes Schemes Number of Beneficiaries/Families Basgit Parcha under BPPHT Act 580214 Bhoodan land 292616 Mahadalit Vikash Mission (First Phase) 185201 Mahadalit Vikash Mission (Second Phase) 27271 (Source: Figures are based on report dated December, 2013, by the Department of Revenue and Land reforms, Government of Bihar) 3. A silver lining lies ahead in the fact that Basgit Purcha has been issued to 580214 families in Bihar under the Bihar Privileged Person Home Stead Tenancy Act, 1947. This act was the very first act in post-independence era to address the equity concern. A privileged person was a person attached with the household of a land holder doing domestic and agriculture chores. The land holder allotted a portion of his home stead land to such person for habitation. The aforesaid act formalised this age-old system. Circle Officers were delegated the right to issue Basgit Purcha to such a person on private land. This act was lying dormant in Bihar for several years. In last 3-4 years, this act was operationalised, in a campaign mode, under the Mahadalit Vikas Mission. 4. Section 4 of the recently enacted Bihar Land Dispute Resolution Act, 2009, provides jurisdiction and authority to the competent authority (Deputy Collector Land Reforms) to adjudicate land related cases. He has jurisdiction and authority to hear and adjudicate, on an application or complaint, or on any application referred to by a Prescribed Authority or officer, on any issue arising out of following types of disputes: - (a) Unauthorised and unlawful dispossession of any settlee or allottee from any land or part thereof, settled with or allotted to him under any Act contained in Schedule-1 35 to this Act by issuance of any settlement document / parcha by a Competent Authority; (b) Restoration of possession of settled/allotted land, in favour of legally entitled settlee/allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession; (c) Threatened dispossession of a legally entitled settlee/ allottee 4.1.5. BEST PRACTICES 5. Bihar Special Survey and Settlement Act, 2011 The state government has introduced Bihar Special Survey and Settlement Act, 2011, followed by Rules, 2012 to conduct survey in whole of the state, in a time-bound manner by using modern technology, aerial survey technique with ground verification by means of Digital Global Positioning System (DGPS), and Electronic Total Station (ETS). The state government proposed to complete the survey of entire state within three years. For this survey several new initiatives like setting up of base station, creation of additional position, wide publication etc. have been taken up. The work is under progress. The Special Survey and Settlement Act, 2011 paves way for large scale recognitions of poor people’s rights over the land. The Act is comprehensive in nature. One major output of the ongoing special survey will be a clear cut up-to-date textual data of all categories of land including public land. It has huge potential for adoption by other states. 1. Initiatives for Land Rights to women To ensure right to the women beneficiaries, the State Government of Bihar has amended section 27 of the Bihar Land Ceiling Act (Act 11 of 2009). According to the revisions, 50% of the allottees of surplus land coming under ceiling have to be women belonging to eligible categories. Since then the State Government is following this principle of allotting at least 50% of the ceiling surplus land to women in letter and spirit. This is a welcome decision of the state for giving land rights to the women. Further by a consensus decision taken in the land purchase policy for Mahadalit Vikash Mission, all private homestead land purchased from vendors has been distributed to Mahadalit female beneficiaries only. The purcha / pawna of the other categories of land allotted for equity purpose or homestead land are being issued in the joint name of wife and husband. Wife’s name is mentioned first, followed by husband’s name, in order to give land rights to the women. 4.1.6. WEAKNESS 2. There are gaping holes in the existing record of rights, which continue to remain truncated over the last 100 years at a stretch. Patch-work-solutions are not at all effective. 3. Revisional survey could be completed in only 12 districts. In 14 districts, revisional survey was started but could not be completed. In 12 districts revisional survey could not be started. 1. Revisional survey operations in Purnea, Katihar, Kishanganj and Araria were carried out from 1952 to 1986; in Muzaffarpur, Sitamarhi, Sheohar and Vaishali from 1959 to 1988; in Saharsa, Madhepura and Supaul from 1962 to 2002 and these operations are still on in Darbhanga, Madhubani and Samastipur since 1965; in Bhojpur, Buxar, Rohtas and Kaimur since 1959; in 36 Gaya, Jahanabad, Arwal, Aurangabad and Nawada since 1965; Bhagalpur and Banka since 1965 and in Patna since 1986. 2. No revisional survey and settlement since cadastral survey could be carried out in 12 districts in Bihar, namely; Begusarai, Khagaria, Lakhisarai, Sheikhpura, Jamui and Munger in Munger Division; Saran, Siwan and Gopalganj in the Saran Division; East Champaran and West Champaran in the Tirhut Division and Nalanda in Patna Division; 3. The very purpose of a revisional survey and settlement is defeated if the time span on which it is undertaken is long as reflected in the foregoing facts; 4. That revisional survey and settlement operations, following conventional methods, in some parts of the State, have been long drawn out, cumbersome and exorbitantly expensive, as the past experience shows. 1. Continuous Khatiyan (Register-1B), Khesra Register and Register-II (Tenants’ Ledger) supposed to be maintained in the Circle Offices in an up-to-date manner, have not been maintained as such, and consequently, transfers, successions, mutations, etc., taking place from time to time, are not reflected therein; 2. Computerization of land records, as sponsored by the Government of India some years ago, has not followed a uniform approach; In the event of non-synchronization of data put into the computer with existing ground realities, resulted in a gap between successive claims of title and a reflection of the same through land records; 3. There is marked deficit / shortage of working staff, against sanctioned posts at grass- root level in regular revenue offices headed by the circle officers. Measurement and demarcation of land suffers for want of ‘Amin’. Boundary disputes and disputes regarding right and title need measurement. Similarly, normal record keeping, including mutation, suffers in the absence of Halka Karamchari and Circle Inspectors. In the recently launched special survey operations the special survey has been started in limited areas due to shortage of officers and staff. 4. Technical rules to conduct special survey are yet to be formulated. 5. Training modules for all categories officers / staff in regular revenue offices and in survey and settlement are yet to be adopted finally, and implemented. 6. Register II (Tenant’s Ledger) entries are mostly unauthorized, unauthenticated and undated. 7. Rights of the individuals and the community towards CPRs and uses of the same, including conversion, are not clearly defined. Such blurring leads to complications and adhocism in this sphere. 8. Large tracts of land remain sub-judice in various revenue courts under ceiling law for decades together. Many records are stuck up at some stage. Either the authority is ignorant about the technicalities of the law or unwilling to pursue the cases to a logical conclusion. 9. Even though special survey has been launched, whereafter consolidation against updated records has been smooth. In the old Sahabad district, consolidation operation is concurrently going on. Necessary steps have not been taken, as yet, to conclude or windup consolidation operations. It may lead to duplication of efforts. 10. The policy of giving 3 decimal of land to mahadalit families has shown success. However, the same policy for annexure I and II, SC / ST is not a resounding success over the years. 37 11. In every district collectorate of all the 38 districts, much remains to be desired in the up keep of Record Rooms, where old maps and land records are kept in shabby conditions. 12. Dispossession from Government allotted land including (ceiling surplus / Bhoodan land) is a chronic problem. Unfortunately, the extent of dispossession is yet to be surveyed, diagnosed and sorted out. 13. A sine-quo-non for redistributive justice should have backward and forward linkage. This can become effective only if allotted lands are distributed and other inputs provided. Otherwise overall economic change will not come through. No survey of post settlement situation has been made with regard to public land allottees. 4.1.7. POLICY RECOMMENDATION 4.1.7.1. Short Term 1. Comprehensive circulars/ guidelines of allotment of homestead land covering BPPHT Act 1947, Gairmazarua Aam land, Gairmazarua Malik land and allotment of 3 Decimal of Rayati land along with check list should be developed and made available to Circle Office for ready reference. 2. Survey/Resurvey work has been taken up in Bihar on priority basis, under the Bihar Special Survey and Settlement Act, 2011. District collectors have been made in charge as settlement officers of the respective districts in the Act. Since the survey operation is technical in nature, it requires day to day monitoring, and disposal of cases in the camps by junior officials. The collector of the district has hardly any time to monitor the day-to-day operations of the Survey/Resurvey, organization of camps, disposal of cases, grievance redressal etc. It is advisable to have a full time settlement officer to look after all these activities. 3. Since ‘continuous khatiyan’ is being prepared in the districts before the Survey/Resurvey operation, the Continuous Khatiyan, so prepared, should be verified and authenticated by senior revenue officials. They should be asked to put their signatures after verification so that the entries made in the ‘continuous khatiyan’ match with the ground realities. 4.1.7.2. Medium Term 4. Special survey should be completed within the prescribed time frame. Computerization of record of rights and digitization of maps based on special survey should be completed by 31st March, 2016. 5. Formulate Land Leasing Policies to ensure land rights in favour of share croppers and economically weaker sections. This will facilitate availability of bank credit to them and motivate them in investing for long term infrastructure in farming. 6. Around 279 land ceiling cases, involving about 26000 acres of land, are pending in the High Court of Bihar. The State Govt. has started reviewing the cases and chalking out strategy such as empanelment of competent advocates and request to Chief Justice to constitute separate bench to hear all the pending cases expeditiously. 7. All the government land, such as ceiling surplus land, bhoodan land, homestead land, gairmazarua aam and gairmazarua khas land which is stated to have been distributed to the landless poor should be physically verified to see whether the assignees are in possession of these lands. There is a need to physically verify all the land given SCs and STs by involving landless poor, local youth and SHGs of Women, under the overall supervision of Revenue Authorities. Effective steps should be taken to give possession of land to such persons. 38 8. State should prepare and maintain an inventory of all ceiling surplus land, bhoodan land, gairmazarua aam, gairmazarua malik and khasmahal land and make it available for public scrutiny. 9. All cases of alienation or transfer or unauthorized occupation of land, in violation of existing laws, should be identified and necessary steps should be taken to restore the land back to the poor. All the restored land should be recorded in the name of women family member to increase women’s stake in land. The Registration Department should strictly be instructed not to entertain any transaction of these land allotted to poor by government. 10. Exemptions to religious, educational, charitable, research and industrial organizations as well as plantations and aqua farms under the Land Ceiling Act should be discontinued. These institutions should not be allowed to use more than one unit of 15 acres. 4.1.7.3. Long Term 1. State should revise its ceiling limits. The proposed limit should be around 10 acres in the case of irrigated land and 15 acres for non-irrigated land. 2. Recommendations on Amendment of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The following modifications are required in some section of the above Act: 1. Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, empowers the state government (Minister in the instant case) to reopen the cases disposed off by the collector. Keeping in view the timely disposal of the cases, it is advisable that this power should be exercised by the Divisional Commissioners. There are many issues in land ceiling. Various issues which might have been raised and adjudicated at various forums. Any authority or land holders, at any point of time, may inform that some points have not been raised earlier and that may change the decision in the case. Hence, power of reopening cases may be given to Divisional Commissioner based on left over points/issues. 2. In Section 21 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the land holders have been given facility to resume land cultivated by an under raiyat within the ceiling area. These facilities are retrograde and should be withdrawn. 3. Under section 21 of the Act, the under raiyat, after the acquisition of raiyati status, should have transferrable rights. This provision is fraught with the risk of sale under duress rendering the under raiyat landless. This provision should be removed/ deleted. 4. Section 22 of the Bihar Land Ceiling Act deals with the provision for an under- raiyat. To prevent benami transaction by the land holder, or to prevent entry of fake name in the relevant record, it would be relevant to make provisions by recording non-transferable rights to under-raiyat so that the actual under raiyats, who are the tillers of the soil, may get benefit. 5. The State should impose ceiling not only on ‘Ownership’ of land holdings but also on ‘Operational’ land holdings to prevent concentration of large tracts of land through lease-in. A person/ institution/organization should not be allowed to own more land than the ceiling limit. 39 1. Enactment of Right to Homestead Land: Right to Homestead Land Act, just on the lines of Right to Service Act 2011, should be promulgated. Definition of homeless, procedure for survey to identify homeless and ways and means to provide house sites in the Act from various types of land, should be made clear. 2. Land Development: Land allotted to landless generally have problems such as salinity, alkalinity, water logging and soil degradation etc. Lot of opportunities are available for developing the land belonging to the poor by accessing various Central and State Government schemes existing now such as MGNREGA, Watershed Management Program and NABARD supported Rural Infrastructure Development Fund etc. The govt. should prepare an inventory of land for the poor who require development, and should also systematically take up land development work on those lands. Priority should be given to all land belonging to Scheduled Cates and Scheduled Tribes, first. As far as possible, land development work should also include provision of irrigation facility with priority to SCs and STs land. Along with land development, all other sustainable agriculture programmes available for increasing productivity of land should be linked to this land so that the poor can earn better income from the land. 40 4.2. FOREST AND COMMON LAND MANAGEMENT 4.2.1 INTRODUCTION In Bihar notified forest area is 6473km2. Other estimates mention it as 6492.9km2. Out of this forest area 692.89km2 is categorised as reserved forest and 5798.89 km2 is classified as protected forest. Here it is to be noted that the total forest coverage does not include areas of national park and sanctuaries, as, in Bihar these are dealt separately. The forest coverage includes forest over raiyati land also. The statistical details of existing forest position in Bihar are given in following table. Table 4.2.1: General information regarding forests in Bihar SI. Particulars Area in Km2 No. 1. Total geographical area 94163 Km2 2. Notified forest area 6473 Km2 (6492.9 Km2 as per directorate of economics and statistics) a. Reserved forest 692.89 Km2 (10.67% of forest area) b. Protected forest 5798.89 Km2 (89.31% of forest area) c. Unclassified forest 1.12 Km2 3. Total forest area 6845km2 (7.27%) 4. Plantation outside forest area 2369 Km2 (2.52%) 5. Total plantation 9214 Km2 (9.79%) 6. Total population 103.80 million 7. Forest and plantation per person 0.0088 hectare (Source: Department of Environment and Forest, Govt. of Bihar) 4.2.1.1 Identification of Forest and Common Land Forest and common land are clearly identified in Bihar and the same are recorded as such. However, there is no demarcation of forest villages as such as the Department of Environment and Forest has adopted the conventional revenue Survey and Settlement maps and records and has not conducted any special survey for this purpose. In early 1950s, out of the revenue survey, the forest settlement officer earmarked chunks of forest land. They conducted Bujharat, invited and disposed of objections and even excluded some land in favour of raiyats residing in forest land. The local dwellers were entitled to rights and privileges as mentioned in the Khatiyan of land of protected forest. Khatiyans of all the villages of Bihar prepared during Cadastral Survey, almost 100 years ago have not been updated as yet. The state Government has started the survey but the same is very slow paced due to man power constraints, commitment and dispute coming in claiming the land by others. In case of reserved forest there is no right but the local dwellers are entitled to certain privileges as mentioned in the notification notifying the area as reserved forest. As far as protected forests are concerned, the banned activities continued to ban while activities not banned and are kept open to the public providing an opportunity to the raiyat to exercise their rights to that limited extent. Users rights, too, key natural resources on land (including fisheries) are legally recognized and put up in practice in the protected forest area. The situation is quiet different; as there is no users’ right in 13 national parks / wildlife sanctuaries in Bihar. These parks / wildlife sanctuaries come under the broader category of reserve or protected forest as the case may be. They have been classified based on concept of 41 management of forest. The national parks / wildlife sanctuary are governed by the Wildlife Protection Act, 1972. In Bihar, its spread over in an area of 3339.458 sq km. The details of which has been given in the table below: Table 4.2.2: National park and world life sanctuary in Bihar SI. Date of Area Name District No. Allotment (Km2) 1. Valmiki National Park West Champaran 02.08.1989 335.6 2. Valmiki Wildlife Sanctuary West Champaran 04.05.1976 545.18 3. Bhimbandh Sanctuary Munger 27.05.1976 681.99 4. Rajgir Wildlife Sanctuary, Rajgir Nalanda 20.05.1978 35.84 5. Kaimur Sanctuary, Kaimur Rohtas & Kaimur 25.07.1979 1486.89 6. Gautam Buddha Bird Sanctuary, Gaya 14.09.1971 137.22 Gaya 7. Udaipur Wildlife Sanctuary, Bettiah West Champaran 29.04.1978 8.87 8. Naagibandh Bird Sanctuary Jamui 14.07.1987 1.91 9. Naktibandh Bird Sanctuary Jamui 15.07.1987 3.32 10. Vikramshila Gangetic Dolphin Bhagalpur 28.08.1990 50 km Sanctuary height 11. Kanwar Lake Bird Sanctuary Begusarai 20.06.1989 63.11 12. Salim Ali Jubba Sahni BAeriala Bird Vaishali 28.01.1997 0.198 Sanctuary 13. Kusheshwar Asthan Bird Sanctuary Darbhanga 05.07.1994 29.23 Total: 3339.458 (Source: Environment and Forest Department, Govt. of Bihar) 4.2.1.2 Rights to Forest and Common Land There are settlements inside forest area which are outside the pale of Forest Right Act. Theoretically, the aforesaid settlees have to be evacuated. Still evacuation remains a far cry and dwellers inside the aforesaid area are (illegally) exercising certain rights. The sordid picture of land, recorded in the name of the Government of Bihar needs to be highlighted at this stage. It is also found that, in many pockets multiple rights over common land and natural resources of government land persist. People’s rights accrue by virtue of adverse possessions, while the records are in the name of government of Bihar. In the context of forest, the pertinent point to be noted is that despite revenue land recorded as Jungle / Jhari (bush), the forest department has not extended its control over such land, consequently, non-forest activities go on unabated without seeking the permission from the forest authorities. As far as multiple rights over forest land in protected forest areas are concerned, Forest Rights Acts has been made applicable. While ownership remains with the government, certain individual rights accrue through the legal provisions of the Forest Rights Act. However, much remains to be done in Bihar with regard to the application of the Forest Right Act in letter and spirit. Reportedly in Bihar, 20 sub divisional level committees, 13 district level committees and 1299 Forest Right Committee (FRC) have been constituted. It is also found that out of 2930 claims filed, 585 claims are under process and 31 titled deeds disbursed upto the year 42 2013. Functions of various committees at various levels are matter of further enquiry. The effectiveness of training provided and distribution of training modules amongst Gram Sabha members on quality output is matter of further research. The same can be true too on various training organized at block level for FRC members in West Champaran, Kaimur and Rohtas districts. About 350 Gram Sabhas are yet to claim individual rights. It is not evident that, whether Gram Sabha members have visited every hamlet to interact with tribal and Other Traditional Forest Dwellers (OTFD), collected information and oriented them about their rights. Proper mobilization and training of tribals and OTFD would be effective to enhance the figures of claims and acceptance. There is a hiatus between law and practice and orienting the target groups to their rights and obligations under FRA until and unless this schism is filled. Existence of vested interests and collusion with local bureaucracy are matter of concern for the target groups to take advantage of their legal entitlements. The grievance redressal committees at various levels are still to be constituted / made effectively functional. Much remains to be desired on documentation of rights / registration of community claims and similar other fronts. The only silver lining through historical fluke is that, no conversion of forest villages into revenue villages is required as no forest village exists in Bihar. However, the state government should take ample care of conservation of wildlife, forest and biodiversity as well as providing benefits of the FR Act to those tribal and OTFD settlement / hamlets which have been left out altogether. In as much as, the boundary demarcation of communal land is concerned, there is no communal or indigenous land as such in Bihar. Such types of land used to exist when this state was in the fifth schedule and Jharkhand was not a separate entity. Nevertheless, Bihar has common land in the state. The Gairmazruha Aam common land is basically community land, owned by the village community. These include village pathways, village waste land, play grounds, orchards, cremation and burial places. They further include the village water bodies and bandhs, ahar, pynes, reservoirs, tanks etc. Even if the nature of these lands have changed over a period of time (if a tank is filled up), the consent of the Gram Sabha will be mandatory for the Government to put that land into some other use or settled through pattas. Common land further includes Gairmazruha Malik / Khas land which were duly recorded as Gairabad Malik land in the cadastral survey and continued to be owned and held by the state of Bihar. In course of the revisional survey and in day to day operations of the lower level revenue bureaucracy, numerous Gairmazruha plots have been recorded in private names; rent receipts issued and rent being collected. No systematic attempt has been made to enquire into the privatization of common land, whether the settlements made in favour of private individuals were made by competent authority or encroachers / grabbers have illegally been recorded. These will be known only when a thorough enquiry will be made. Field bureaucracy at various levels drawned in routine humdrum and nobody wants to touch the hornet nest since the grabbers have powers and influence. It is fact that in public interest certain schemes of non forestry have to be taken up on forest land. Forest department in government of Bihar scrupulously adheres to the norms set by Government of India in this regard. The state nodal officer exercises power to give concurrence to non-forest uses upto 5 acres of forest land with regard to schools, hospitals (illustratively) and roads falling in extremist areas. He has been empowered to permit upto 1 acre diversion of forest land for any scheme; such permission is accorded by Additional Chief Conservation of forest, Eastern Region, Bhubhaneswar upto 40 acres of forest land. Beyond 40 acres the Government of India is alone competent to allow non-forest use. The requisitioning body is required to make good environmental losses by depositing net asset value of fallen trees. The net asset value is as per density of existing trees. The requisitioning 43 body is also required to provide compensatory land, costs of fresh plantation as also making over fallen trees to forest department. The Bihar Hariyali Mission tends to motivate farmers who are desirous to grow species of their choices under agro-forestry scheme. The forest department provides land as well as technical know-how free of cost. Some incentive money is also given towards plants’ care and protection. Preference is given to one or more farmers who are desirous for agro- forestry on 2 hectares or more land. Altogether 7347 beneficiaries have taken advantage of agro-forestry in 2013-2014, so far. The total number of plants shown is 7066986 and area involved is 47111.59 acres. 4.2.1.3 Implementation of Forest Right Act It is evident from a closer glance at implementation of the FRA in Bihar, that the beneficiaries at various levels want an appreciation for the spirit of the FRA. The introduction of the FRA represents a seminal moment in India’s highly contested forest politics, recognising for the first time the ‘historical injustice’ perpetrated by the state on a significant segment of its population. The Act states: “the forest rights on ancestral land and their habitat were not adequately recognized in the consolidation of state forests during the colonial period as well as in independent India resulting in historical injustice to the forest dwelling, Scheduled Tribes and other traditional forest dwellers” (FRA 2006) which calls for initiative to recognize right of the forest dwelling Scheduled Tribes and other traditional forest dwellers. The Act, which inherently recognises that a healthy ecosystem is compatible with social justice technically, holds precedence over all other forest and wildlife-related laws. Although its provisions for restoring the rights of forest-dependent households may not cover all rights deprivations they hold the promise of improving the lives and livelihoods of more than 100 million of India’s poorest citizens. However, it is important to remember that the FRA is only an enabling legislation and the ‘prize’ – the actual allocation of user rights at the local level – crucially depends on its implementation. This is where it faces serious challenges, as do several other recent legislative reforms that await full implementation. All, this needs a thorough change in the mindset of bureaucracy in Bihar. Schedule Caste / Schedule Tribe Welfare Department have issued a checklist of community rights and specified therein that Halka Karamchari of each village should prepare a list of claims for the village, based on revenue and forest records. This list is to be made available to the Gram Sabha to enable claims to the user rights to be stick at the community level. In addition, since many community rights may not have been documented earlier but fall within the ambit of the FRA, the government specified that the revenue official or forest conservator should inform the Gram Panchayat or Gram Sabha about these community rights and assist the community in filling applications and presenting claim documents to avail of these rights. In Madhya Pradesh, to ensure compliance, necessary instructions signed by the sub- divisional officers, have been sent to all the concerned and the process and progress is reviewed every month. The word ‘primarily’ has been classified by Ministry of Tribal Affairs. Whether this clarification has percolated in Bihar in village levels is yet to be seen. The following community rights may be ascertained and maintained at the earliest. 3. Usage of approach road to places of worship; 4. Usage of cremation grounds or burial places; 5. Right to conduct meetings and / or choupals (community gatherings); 6. Access to areas with medicinal plants, mahua flowers; 44 7. Access to rivers and / or canals in forest areas to bathe, wash clothes, allow cattle and other domestic animals to drink water, etc. Almost no action has been taken under section 3 (1) (B to M) of FRA, which pertains to community rights. It is highly possible that several deserving claimants could not file their claims on time under erroneous impression that the last date was over. Due to hasty inquiry and inadequate vetting by senior officials there have been erroneous rejections also. It is also evident that, claimants have not been given reasonable opportunity to prove their claims as provided in rule 4 (C). No cross checks were done at the village level by the revenue and forest officials. No outside agency has been engaged to conduct an independent assessment. Applicants also faced problems in filling the form. Cases of claims even in national parks have to be dealt with as per law. Consequently, the blank rejection in such cases would be illegal. Applicants were not informed in writing when their claims were rejected so they could not exercise their rights to appeal. The vigilance committee of elected officials is either not setup or is inactive. In view of the above, it is to be expected that the SC / ST welfare department has to be made nodal department in the real sense of the term as there are gaps in providing leadership to the programme. The constraints result in low profile implementation campaign and low level of awareness regarding the Act. The department’s role is to develop qualitative indicators, call public meetings, hold public consultations, put pressure on the revenue and forest departments at the district level to do justice to the forest dwellers, and improve communication between officials and the people. These activities need to be performed with care. 4.2.2. ASSESSMENT OF DIMENSIONS Assessment of Indicator 2.1: Rights to Forest and Common Lands Dimension Forests and common lands are clearly B Forests and common land are clearly identified, 2 1 1 identified in law and responsibility for use is responsibility for land use is clearly identified but clearly assigned. implementation is ambiguous. Rural group rights are formally recognized A The tenure of most groups in rural areas is formally recognized and clear regulations 2 1 2 and can be enforced. regarding groups’ internal organization and legal representation exist and can be enforced. Users’ rights to key natural resources on B Users’ rights to key natural resources are legally recognized but only some are effectively protected 2 1 3 land (incl. fisheries) are legally recognized in practice or enforcement is difficult and takes a and protected in practice. long time. Multiple rights over common land and C Co-existence is possible by law but rarely 2 1 4 natural resources on these lands can legally respected in practice. coexist. Multiple rights over the same plot of land C Co-existence is legally possible but rarely 2 1 5 and its resources (e.g. trees) can legally respected in practice. coexist. Multiple rights over land and mining/ other D Co-existence is not possible by law; mining rights 2 1 6 sub-soil resources located on the same plot override land rights. can legally coexist. Accessible opportunities exist for mapping D Although there is demand, the law provides no opportunities for that holding group land under 2 1 7 and recording of group rights. customary, group, or collective tenures to record and map land rights. Boundary demarcation of communal land. D Less than 10% of the area under communal and/or 2 1 8 indigenous land has boundaries demarcated and surveyed and associated claims recorded. 45 Analysis of Dimension 2.1.1: Identification of Forest and Common Land and Assignment of responsibility related to Use In Bihar, forest and common lands are clearly identified and responsibilities for use are clearly assigned. However, the sad tales of common lands lie in the fact that, ever since the Cadastral Survey, common lands have been privatized in connivance with revenue functionaries and revisional survey authorities. So much so that, Khas mahal lands which are not assigned permanently, rather are leased out on periodic lease, have been privatized in revisional survey. Forest lands are clearly identified and demarcated on the ground but evidence shows that claims as per the FRA are not coming forth in most of the cases for want of proper education and awareness amongst the stakeholders. This leads to inequitable disposal of the claims whatever are put forth and many a time the claims are not supported by any evidence, which creates a problem before the authorities as to how to take a decision thereon. In all such cases it should be incumbent on the adjudicating authority to hold local enquiries before coming to any conclusion. Analysis of Dimension 2.1.2: Recognition of Rural Group Rights In Bihar group rights are mostly recognized under the statute or the customary laws having the same force as enacted law and especially in the context of forest land the group and individual right are recorded and enforceable. There are a number of laws which protect and enforce the group rights on the common lands as well. Analysis of Dimension 2.1.3: Users’ Rights to key Natural Resources The users’ usufructuary right on the natural resources are recognized. For example, in the state of Bihar, after reorganization the right of collection and marketing of minor forest produce (kendu leaves etc.) have been passed on to Gram Panchayat. Along with the management and development of forest in partnership with the local communities/ JFMC/EDCs the usufructuary rights /stakes are also being managed in the forest areas. As the FRA is yet to be implemented in letter and spirit, the enforcement of users’ right becomes difficult and takes a long time. Analysis of Dimension 2.1.4: Co-existence of Multiple Rights The common lands having natural resources on them or not are most of the cases recorded as jungle/jhari/jhar jhankar etc in the revenue records and hence come under the teeth of the Supreme Court judgment declaring all such areas as forest lands thus attracting the provision of the Forest Conservation Act, 1980. In all such cases non-forest use of common lands even is not permissible. As far as the user rights on common land is concerned, that too with regard to pastures, cremation, burial place, village ponds, village pathways and the like, an area of concern is the steady erosion of village commons/Common Property Resources. Either such lands are encroached or no rejuvenation plan exists after change in nature. Paradoxically, as soon as there is a change of nature like a village pond is filled up some or the other, government structure comes over instead of rejuvenating the pond. Analysis of Dimension 2.1.5: Multiple Rights over the same plot Multiple rights over the government owned plots like Gairmazruha Khas plots do not exist. Gairmazruha Aam plots are with the village community, and even the government has to pay compensation if an acquisition of such land is necessitated. In the case of a change of nature of the village commons the government has to take NOC from the Gram Sabha before changing land use. 46 In so far as coexistence of multiple rights on forest resources is concerned, there is no dichotomy in theory and practice. The government owned common lands which have been brought under the plantation and growth of tree resources, have now been put under a novel scheme of Tree-Patta Scheme according individual rights on community resources. However, the tree resources on notified forest lands are also brought under community ownership through Joint Forest Management (JFM) mechanism. Analysis of Dimension 2.1.6: Multiple Rights over Land and Mining/ other sub-soil resources Co-existence of multiple rights over land and mining and other sub-soil resource is not possible by law. Mining rights override land rights. Mining rights are vested with the government exclusively. Multiple rights over the protected forest may exist to the extent they are sanctioned but subject to condition that they do not involve non-forestry use. Analysis of Dimension 2.1.7: Existence of Group Rights After separation of Jharkhand from Bihar, there is no concept of group rights. Similarly, no communal or indigenous land rights exist in Bihar. Mapping and recording of rights are conducted universally for whole of the state. Analysis of Dimension 2.1.8 Boundary demarcation of communal land In Bihar there is hardly any instance of demarcation of boundaries of communal and/or indigenous land. Updated land records of these lands with boundary demarcation are not available. Assessment of Indicator 2.2: Effectiveness and equity of rural land use regulations Dimension Restrictions regarding rural land use are B Regulations regarding restrictions on 2 2 1 justified and enforced rural land use effectively serve public purpose but enforcement is weak. Restrictions on rural land transferability B There are a series of regulations that are 2 2 2 effectively serve public policy objectives. for the most part serve pubic purpose but that are not enforced. Rural land use plans are elaborated/ changed C Public input is required and sought in via public process and resulting burdens are preparing and amending land use plans 2 2 3 but comments are not reflected in the shared. finalization of land use plans. Rural lands, the use of which is changed, are D Less than 30% of the land that has had a swiftly transferred to the destined use. change in land use assignment in the 2 2 4 past 3 years has changed to the destined use (e.g. forest, pastures, wetland, national parks etc.) Rezoning of rural land use follows a public D Rezoning processes are not public process that safeguards existing rights. process and rights are ignored or not 2 2 5 properly or promptly compensated in the majority of cases. For protected rural land use (forest, pastures, A The share of land set aside for specific wetlands, national parks etc.) plans use that is used for a non-specified 2 2 6 purpose in contravention of existing correspond to actual use. regulations is less than 10%. Analysis of Dimension 2.2.1: Restrictions regarding Rural Land Use are justified and enforced. In Bihar there are restrictions over rural land use. Section 23 of the Bihar Tenancy Act, 1885 prohibits the use of agricultural land for non-agricultural purposes with certain exceptions. Manufacture of bricks and tiles, excavation of wells and tanks for domestic, agricultural and charitable purposes are not banned. 47 Though a rule was made with regard to the conversion of agricultural land for non- agricultural purposes, however, it was declared void by the Patna High Court. Subsequently the government enacted the Bihar Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2010 to regulate land use conversions. Nevertheless certain modifications are called for in this Act to address environmental and ecological concerns, especially in the light of specific provisions under the Environmental Protection Act 1986 and orders and circulars issued there under. Regulations regarding restrictions on rural land use effectively serve public purpose but enforcement is weak. Analysis of Dimension 2.2.2: Restrictions on Rural Land Transferability In the Bihar Ceiling Law, para 16(3) prohibits the sale of a given piece of land to a person other than a neighbour of the plot, so long as the neighbour is willing to buy. This is with a view to ensure consolidation of land as mostly the neighbours are coparceners and remote buyers may not have any direct proximity with the lands earlier held by them. Analysis of Dimension 2.2.3: Public Consultation and Rural Land Use Plan In Bihar there is no Land Use Board for rural areas to prepare land use plan. There is no specific Land Use Plan with special reference to agricultural land/ holdings in Bihar. However, law has been enacted with provision of zoning of land in the urban areas and urban land use board is in place. The Bihar Urban Planning and Development Act, 2012 makes provision for promotion of planned growth and development of urban areas and such rural areas having potential of urbanization and regulation thereof, including land use. This Act extends to the whole state of Bihar or part thereof as may be notified by the government. The government may declare Planning Area and may constitute Planning Authority. Land Use Map and Land Use Register are to be prepared. After the declaration of a Planning Area, the Planning Authority within two years of such declaration or time limit specified by the government required to submit a Plan for the planning area or part of the planning area. The Plan should be of 20 years or so extended period specified by the government and the Plan should be submitted through a Planning Board. Urban land Use Planning Board has been constituted under the chairmanship of Development Commissioner under Bihar Urban Planning and Development Act, 2012. It may take some time to reflect on the efficacy and effectiveness of the implementation aspect of the Bihar Urban and Development Planning Act, 2012, which encompasses rural area also. Analysis of Dimension 2.2.4: Transfer of Lands for destined use After the promulgation of the Bihar Agricultural Land (Conversion for Non Agricultural purposes) Act, 2010 raiyats approach the competent authority (SDO) for obtaining permission for land use change under the provisions of the Act. The data on transfer of lands for destined use after changing of its use pattern is neither maintained nor readily available. The transfer of lands for destined use after changing of its use pattern is very limited. Analysis of Dimension 2.2.5: Rezoning of Rural Land Use The processes of zoning/re-zoning of land use are not prevalent in rural areas of Bihar. Analysis of Dimension 2.2.6: Protected Rural Land Use In so far as forest wetlands and national parks etc. under the provision of Forest and Wildlife laws are concerned, there are specific forest working plans and wildlife management plans which correspond to actual use. However, there is no specific law corresponding to pasture lands and their management. The share of land set aside for specific use that is used for a non-specified purpose in contravention of existing regulations is less than even 4%. 4.2.3 CONCLUSION In Bihar coverage for notified forest area is 6473km2, and the total forest area is divided into different categories like reserved forest, protected forest, national park, sanctuary etc. 48 Regarding the common land, in Bihar, the common lands are categorised into Gairmazarhua Aam, Gairmazarhua Khas, Khas Mahal etc. The forest and common land are clearly identified in Bihar and the same are recorded as such. However, as there has not been any survey conducted by the Department of Environment and Forest the demarcation of forest villages is difficult. The Environment and Forest Department adopted the there is hardly any instance of demarcation of boundaries of communal and/or indigenous land. One of the matters for concern is that common lands have been privatized in connivance with revenue functionaries and other related officials. In the context of rural group rights over forest and common land there are laws to protect the right. The usufructuary rights of users on natural resources and forest produce also recognized in Bihar. The Joint Forest Management Committees also instrumental for ensuring these rights. However, the proper implementation of FRA in Bihar is much behind the expected level, causing constraint for ensuring rights to forest and other traditional forest dwellers. Effective implementation and monitoring of FRA is important to protect, conserve and manage forest resources and ensuring rights. An effective awareness programme is need of the hour now. Another area of concern is the steady erosion of village commons/Common Property Resources. These lands are encroached or no rejuvenation plan exists after change in nature. One praiseworthy effort in this context is that, the Gairmazahua Aam land can be transferred and settled only if its nature has changed and gram sabha consented for it. Consorted effort may be made to free the common land from encroachment and in this regard the Gram Panchayat also may be empowered to alleviate encroachment. The multiple rights over common resources hardly exist in Bihar and the right to the sub-soil resources is vested with the government. As there is no Land Use Board in Bihar, there is no such typical Land Use Planning held in Bihar for rural areas. An efficient Land Use Board may be effective to develop long-term perspective on land through developing Land Use Plans. 4.2.4 STRENGTH 8. Special care and inbuilt mechanism for safeguarding common land is in vogue. Powers, responsibilities and the role of the Gram Sabha has clearly been laid down. 9. Common land, along with other public land, is transferred to the Forest Department for compensatory aforestation. 10. In major urban areas, common land has been identified through concerted efforts and funds provided to construct boundary walls around isolated patches of common land to prevent encroachment. 11. Following the recent legal enactment have put safety of common land on a much better footing than ever before, as stated below. 1. Law of Mutation: Section 9 of the Act empowers the Additional Collector to adjudicate cases relating to open jamabandi. This adjudication stands to illegal jamabandi and opens against common land also. Earlier, Collectors used to send the records for annulment of illegal jamabandi against public land, including common land, to the government under section 4 (h) of the Bihar Land Reform Act, 1950. The present arrangement enables faster action. 2. Bihar Land Dispute Resolution Act, 2009: This Act too enables the Deputy Collector, land reforms, to hear and adjudicate disputes of various sorts, including dispossession or threatened dispossession of public land assignees including allottees of other common land. 3. The Bihar Consolidation Act also provides for earmarking of the village pasturage and similar type of common land while finalising the Chak Scheme of the village. 49 4. The Settlement Manual, 1959: Rule 467 empowers the Settlement Officer to cancel illegal khata of common/public land even after final publication of Record of Right. 5. Bihar Khas Mahal Policy: This policy provides punitive measures against violation of lease deed conditions. For evicting a trespasser or violator, the government need not go to Civil Court. After this policy, the Collector can file eviction suit in the Court of Divisional Commissioner. 6. The Bihar Char-Diara Temporary Settlement Policy 2013: This policy deals with alluvial and delluvial land and makes certain provisions for temporary settlement of such land which constitute public/common land. 4.2.5 BEST PRACTICES 12. Tree Protection Day: Bihar Government has started celebrating Tree Protection Day on the eve of Rakshabandhan every year since 2011. People take pledge/oath to protect a tree like sister/brother on Tree Protection Day. This has created awareness amongst the forest dwellers and common people for protection of forest trees. Tree Protection Day celebration is having great replicability in the entire country without any additional cost. This will be a step forward for other states in the direction of protecting our forest wealth. 13. Women Vigilance Squad in Banka Forest Division: Banka district of Bihar has 14% of geographical area under forest. The Forest of the district has depleted due to illegal cutting/falling of trees and cutting of shrubs for firewood purpose, mostly by women. Joint Forest Management Committees were not effective in protecting the forest and checking forest encroachment. In 2010, a forest guard interacted with women engaged in cutting shrubs/forest trees and narrated the adverse effects of such depletion. He started forming women squad by identifying women involved in cutting and felling of forest plants, for checking illegal felling and conservation of forests under four JFM Committees, viz. Leela Gora, Mohanpur, Pirota and Kusha JFMC, where the forest area is 2675 acres. At present, four women squads with 100 women are engaged in protecting and preserving forest. These four women squad members are looking after the forest area and keeping vigil. Even when they have slight doubt, they move to the forest and take measures to stop cutting/illegal felling, in all the seasons. Women now act as an extended wing of Forest Protection Force. Due to these four squads of women, the forest areas of 2675 acres are now completely protected. Regeneration of sal and other trees in the area are testimony to their work. As a token of appreciation, the women participants have been provided Saree, blouse, footwear, umbrella and cap from Forest Division, Banka. Since most of the members of the women squad are poor and from SC/ST/OBC categories, Forest Department is trying to relate them with various state/central government schemes such as IAY, Health Card, BPL Card etc with the help of district administration. This has created a sense of belongingness/ownership and has proved a novel idea in protecting forest, which deserves replication. 14. Involvement of Gram Sabha in allotment of common land Gairmazruha Aam Land is one of the most prominent under the category of common land. Settlement or transfer for even one decimal of Gairmazruha Aam land, to a needy family/person department needs to have the prior approval of the government. The power of settlement and transfer of such land is being exercised only if the nature and use of the said land has changed over a period of time with the prior approval of the Gram Sabha. 50 1. Rejuvenation of water bodies About 3-4 years ago the government, through Revenue and Land Reforms Department, has issued a circular which made it obligatory for the collector to set up a committee, which will include an Executive Engineer to hold a spot enquiry of such common land viz. ahar/water channels, tanks, pynes etc. The enquiry looks into the question whether rejuvenation is possible or not. If potential exists for rejuvenation, transfer/settlement of such land is not allowed. 4.2.6 WEAKNESS 2. Despite provisions made in different laws, much remains to be done with regard to protection of public and common land in Bihar. Common land related cases are not diligently pursued. Hardly any case is filed against illegal jamabandi of common land. 3. Implementation of FRA in the state is poor. 4. Depletion of forest cover has been observed due to illegal felling of trees. 4.2.7 POLICY RECOMMENDATION 4.2.7.1 Short Term 5. Building Public Awareness regarding Common Property Resources (CPR), FRA, forest and environment. 6. The implementation of Forest Right Act should be geared up. The following actions should be initiated with regards to Forest Right Act: 1. Primary importance is to be given to Community Forest Resource Rights (Sec.3(1) i) of FRA. All villages/hamlets should claim and obtain Community Forest Resource (CFR) Rights and in case there are villages/hamlets which don’t claim or obtain CFR rights, it should be incumbent on the District Level Committee to record, in writing, the reasons thereof (see iv. Community Forest Resource Right’s ‘Guidelines on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006; No.23011/32/2010-FRA (Vol. ii(pt.) ), Ministry of Tribal Affairs dated 12 Jul 2012. Further, the Gram Sabha should constitute a Forest Management Committee, as envisaged under Rule 4(e), to protect, conserve and manage the CFR area, including its resource use. 2. State Level Monitoring Committee should also monitor effectively the process of determining and approval of all the rights under Sec. 3(1) and (2) category wise ranging from: 1. Individual rights 2. Community rights 3. Rights of ownership, use and disposal of Minor Forest Produce 4. Rights to community tenures and habitat rights particularly to vulnerable tribal groups 5. Rights in and over disputed land 6. Rights of conversion of pattas or leases or grants 7. Rights of settlement and conversion of all forest villages, unsurveyed villages and other villages in forest, whether recorded, notified or not, in to revenue villages 8. Traditional rights 9. Right to in-situ rehabilitation including alternate land for displaced persons 10. Development rights under Section 3(2) 3. Patta Distribution in the name of women, as specified under the FRA, should be implemented, in letter and sprit, with greater vigour and efficiency. 51 4. Vulnerable Tribal Groups should be given exemptions with regard to filing of claims. A definite time frame should also be specified for settling their claims. Furthermore, there should be a provision for withdrawal of cases against PVTGs for minor forest offences filed by the State. 5. The state level committee should review and ensure that all cases of large scale rejection of claims (and modifications to what is claimed) are referred back to the DLC for their reconsideration and/ or rectification, following due process. Further, the process of acceptance of claims and implementation of FRA should not be subjected to arbitrary deadlines. The Gram Sabha is empowered to continue the process till the complete implementation of FRA. The committees at the higher level should not insist on any specific evidences for approval of rights decided upon by the Gram Sabha. Further, all safeguards under Section 4 of the Act, in respect of recognition of rights and resettlement, should be adhered to in case of critical wild life habitats, national parks and sanctuaries. 6. The Ministry of Social Welfare should ensure that the State Level Monitoring Committee send their reports on a monthly basis and take cognizance of the recommendations. The Ministry should follow up and take proactive steps at the State level through issue of advisories and / or directives under Para 5 of Fifth Schedule applicable not only for Scheduled Area but also to all Scheduled Tribes. Wherever necessary, the Ministry should not desist from taking legal and other appropriate action against offenders. 4.2.7.2 Medium Term 7. Enumerating Common Property Resources (CPR) in every National Sample Survey (NSS) should be made mandatory. 8. Minimum area of Common Property Resources (CPR) in a village should be determined, keeping in view the growing trend in population / live stock. 9. Joint Forest Management (JFM) model could be followed as the development model for Common Property Resources (CPR). 1. Developing fresh land records (update the existing one) using modern Information Technology support. 2. State government, through its State Level Monitoring Committee constituted under FRA, should review all diversion of forests for non-forestry purpose since January 1st, 2008 and particularly from 30 July 2009. Whether consent for diversion is obtained from the concerned Gram Sabhas. Further, the committee should monitor and ensure that this guideline is complied with, in all future proposals of the State, for such diversion to ensure that the rights of forest dwellers are protected. 3. Ban should be imposed on diversion of Common Property Resources (CPR) for other purposes. 4. Steps should be initiated for removal of encroachment on common land / public land / forest land. The Gram Sabha should have the power to evict all encroachers from public land. 5. Rights of management of common land should be vested in the Gram Sabha of the Gram Panchayat, which will include the village wasteland, common land, land under public utility, government land, community land, dedicated land, etc. The right of settlement of land should rest with the Gram Sabha of the Panchayat. No settlement of Gram Sabha land should be made on a permanent basis. 6. The State government should ensure allocation of funds to the concerned Gram Sabhas for (a) protection and conservation of forests within the CFRs of the villages 52 and (b) follow up counselling and guidance sessions post-FRA rights recognition to achieve the intended objects of FRA. 1. The processes of identification, of hamlets or settlements, for the purpose of the Forest Right Act (FRA), 2006 have been specified under Rule 2A of the FRA. The State should complete the identification process within a period of one year and ensure that the Gram Sabha of these hamlets constitute the Forest Right Committee. 1. In the Bihar Land Ceiling Act, section 27 deals with the allotment of surplus land to eligible categories. It also deals with earmarking a portion of surplus land for public purposes. In the consolidation law, community land also has to be set apart in the scheme. 2. Initiating fast track, time bound, process for resolving disputes on Common Property Resources (CPR). 4.2.7.3 Long Term 1. Institutional arrangements to govern Common Property Resources (CPR) with increased role for user groups, community based organizations, should be delineated with regard to ownership access, rights and other benefits. 2. There should be a Standing Committee at state level to deal with land issues, including the management of waste land, common land etc. 53 4.3. URBAN LAND USE PLANNING AND DEVELOPMENT 4.3.1 INTRODUCTION Urban development is of immense importance in view of the significant contribution it makes towards the overall growth and development of the economy of states. According to the Census, 2011 the total population of Bihar is 103.80 million, of which 11.72 million (11.29 per cent) constitute the urban population. The percentage of urban population has increased from 10.47% in 2001 to 11.29% in 2011. The density of population in urban area has increased from 4809 in 2001 to 6495 in 2011. Though Bihar is less urbanized compared to the major states in the country, the pace of urbanisation in the state has accelerated rapidly in the recent years. Apart from Patna, the other promising cities in Bihar are Gaya, Nalanda, Bhagalpur, Muzaffarpur, Darbhanga, Begusarai and Purnea. The general profile of Bihar is given in the annexure 4.3.1. Bihar is one of the least urbanized states in India with only 2% of its total geographical area being urban (1804.60 km2). Skewed urbanization pattern, high migration, high share of unemployed youth in population, lack of adequate technical education and job opportunities and poor business climate have contributed to the lowest urbanization. The employment rate in the state is only 42 per cent as compared to 52 per cent at the national level and the female employment rate is abysmally low at 6.9 per cent as compared to 25.7 per cent at the national level. Urban planning (urban, city, and town planning or Patna metropolitan planning region) is a technical and political process concerned with the use of land and design of the urban environment, including transportation networks, to guide and ensure the orderly development of settlements and communities. It concerns itself with research and analysis, strategic thinking, architecture, urban design, public consultation, policy recommendations, implementation and management. The urban development plan can take a variety of forms including strategic plans, comprehensive plans, neighbourhood, regulatory and incentive strategies, or historic and heritage building preservation plans. Planners are often also responsible for enforcing the policies. But implementing agencies are exclusively responsible for enforcing the policies and statutory plans. The Ministry of Urban Development and Poverty Alleviation, Government of India, allocates resources to the state governments through various Centrally-Sponsored Schemes, provides finances through national financial institutions and supports various external assistance programmes for housing and urban development in the country as a whole. Policies and programme contents are decided at the time of formulation of Five Year Plans. The indirect effect of the fiscal, economic and industrial location decisions of the Government of India exercise a far more dominant influence on the pattern of urbanization and real estate investment in the country. The state government also allocates fund for urban development in various form i.e. for sewerage, drainage channel, water supply, transportation network, electricity, solid waste management, cleanness etc. A recent family survey carried out in 122 urban local bodies (ULBs) by the Department of Urban Development and Housing, Government of Bihar, has estimated that Bihar has an urban poverty of 41.2 percent. It is estimated that, an average, 13 percent of the urban population are either extremely vulnerable or extremely dependent. Approximately 10 percent of the total urban populations are schedule caste and 0.1 percent of the urban populations are schedule tribe. 4.3.1.1 The Dawn of Planned Urban Development in Bihar 4.3.1.2 Inception Stage 54 Town planning office under erstwhile L.S.G. Department (now nomenclature as Urban Development & Housing Department), was set up in December 1946 and was headed by an Architect Planner. 4.3.1.3 Formalization Stage of Urban Development After this inception stage, a formalization stage of town planning activities started with a number of enactments assured to be in place: 3. The first enactment, The Bihar Restriction of Uses of Land Act, 1948 4. Then, the Bihar Town Planning and Improvement Trust Act, 1951 5. The third enactment was The Bihar Town Planning and Improvement Trust Act, 1951. These enactments laid the foundation for setting up of the Improvement Trust and Town Planning Authority for various types of urban areas in the State. After this enactment, namely; The Bihar Town Planning and Improvement Trust Act, 1951 the following Improvement Trust and Town Planning Authority were set up: 4.3.1.4 Consolidation Stage 6. Patna Improvement Trust in June, 1951 7. Gaya Improvement Trust in May, 1957 8. Ranchi Improvement Trust in November, 1959* 9. Muzaffarpur Improvement Trust in September, 1960 10. Rajgir Town Planning Authority in February, 1964 11. Bodh Gaya Town Planning Authority in March, 1966 and 12. Bokaro-Chas Town Planning Authority in March, 1966* Thus, in the light of above statutory setups, Draft Mater Plans for the Patna, Ranchi, Gaya, Muzaffarpur, Bodh Gaya, Rajgir, Bhagalpur, Hazaribagh, Patratu and Netarhat were prepared and in some cases published either directly by the Town Planning office or through the agency of the Improvement Trusts / Town Planning Authorities: The planning activities in the State got a real impetus only during the Third Five-Year Plan (1961-66) when the Government of India introduced a programme for the preparation of Comprehensive Development Plans for the rapidly growing and industrially important towns in the country. With this increased workload, the man-power in the State Town Planning Organization under L.S.G. Department was inadequate also to be augmented, but in a much smaller ratio than it was needed. 4.3.1.5 Maturation Stage During this golden period of town planning in the State of Bihar the Ford Foundation placed the services of a Regional Planner at the disposal of the Bihar State Town Planning Organization in December, 1965. The Chief Town Planner, Bihar, had prepared a brief account of the activities and achievements in the field of Town Planning in Bihar during the past two decades for the “Exhibition Bihar Through Plans, 1966.” After the retirement of the last Chief Town Planner, the period of no-importance was set in and the Town Planning organization became more-or less a defunct. Naturally, Department of Urban Development and Housing, Government of Bihar had to take the services of private consulting firms for the preparation of Master Plan for Patna. Somehow or the other, the Master Plan and City Development Plan (CDP) respectively could not become statutory documents. Under the circumstances, most recently, the Government of Bihar, Urban Development & Housing Department, has commissioned CEPT University, Ahmedabad for the preparation of a Comprehensive Development for Patna. Quite recently this consultant, namely, Centre for Environmental Planning and 55 Technology (CEPT) University is likely to undergo some major structural changes. Urban Development & Housing Department has advised the consultants at CEPTU to exclude the areas north of the river Ganga in the final plan, as the area is flood prone. As the changes suggested by the Government happen to be of a fundamental nature it might take some months to re-draft the alternative development strategy. Presently in Bihar, urban development is the responsibility of Urban Development Department at the state level. In Bihar there are 11 Nagar Nigams with 545 Wards, 42 Nagar Parishads with 1276 Wards, 86 Nagar Panchayats with 1351 wards. The ULBs are governed by Bihar and Orissa Municipal Act, 1922. The details of ULBs are given in the annexure 4.3.2. 4.3.1.6 Constitutional Amendment Act The 74th Constitutional Amendment Act (74th CAA) empowering Urban Local Bodies (ULBs) in the fields of administration, legislation, town planning, environment and architecture, etc as embodied in schedule 12th with some 19 fields, call upon 11 Municipal Corporations, 44 Nagar Parishads and 86 Nagar Panchayats, now confronted with shortage of technical personnel, particularly, town planning and architectural fields. Even, the Urban Development & Housing Department, once thriving with bee-like activities, known as Town Planning Organization under L.S.G. Department now has been reduced to the town planning section is manned by one Assistant Architect and that too on deputation from PWD. Similarly in Patna Municipal Corporation has a sanctioned post of the “Municipal Architect and Town Planner, but it is vacant. In the light of such situations, what the picture would be of other ULBs or the remaining 10 Municipal Corporations, 44 Nagar Parishads and 86 Nagar Panchayats is left to the imagination of the readers. Besides, empowering the ULBs by bringing about the 74th CAA, does not auger well in the field of orderly physico-spatial development at the grass root level. Why at the grass-root level; at the upper crust also, it is not very encouraging picture. Thus, Urban Land Use, Planning, and Development suffers from want of statutory Master Plan or City Development Plan (CDP) in which urban land uses are generally shown and notified. It could have been far better that efforts were directed for the revival of Town Planning Organization under Urban Development & Housing Department instead of depending solely on private consultants. 4.3.1.7 The Bihar Planning and Development Act, 2012 (Bihar Act 20, 2012) “To make provision for promotion of planned growth and development of urban areas and such rural areas having potential of urbanization and regulation thereof including land use in these areas of State of Bihar. Be it enacted by the legislature of the State of Bihar in the sixty- third year of the Republic of India as follows:” Now, to begin with, it deals with various definitions such as, to name a few of them, ‘Area’, “Area Development Scheme”, “Land use”, “Layout”, “Local Authority”, “Zonal Plan or Zonal Development Plan”, “Zoning Regulations”, etc., have been clarified from legal point of view. Under one of such provisions, registered private architects have been short listed and given power for vetting of all the buildings plans, etc submitted by private individuals to fetch approval of the Patna Municipal Corporation (Directorate of Urban Planning) for constructing their houses, buildings, etc. This seems to be a stop gap provision. Some of the registered private architects due to their lapses have been asked to submit a detailed report in cases. 4.3.1.8 The Bihar Municipal Act, 2007 Earlier the municipalities in Bihar were governed by the Bihar and Orissa Municipal Act, 1922. This was an Act to consolidate and amend the law relating to municipalities in the 56 [States of Bihar and Orissa], the previous sanction of the Governor- General under sub- section (3) of Section 80A of the Government of India Act has been obtained to the passing of the Act. Number of amendments has been made in this Act. Finally after incorporating all the clauses and all required amendments Bihar Municipal Act, 2007 was enacted this is the exclusive Act in Bihar for guiding municipalities. Municipal Act 2007 was again amended in 2011 to make it more effective and people’s friendly. Municipalities are created when the State Government is satisfied that three-fourths of the adult population of any town is engaged in pursuits other than agricultural, and that such town contains not less than forty thousand inhabitants and an average number of not less than four hundred inhabitants to the per square kilometre of the area, or such town the State Government may declare its intention to constitute such town together with or exclusive of any railway station, village, land or building in the vicinity of such town as Municipal Council and to extend to it all or any of the provisions of the Act. Further, the State Government is satisfied that three- fourths of the adult population of any town is engaged on pursuits other than agricultural and that such town contains not less than twelve thousand inhabitants and an average number of not less than four hundred inhabitants to the per square kilometre of such town, the State Government may declare its intention to constitute such town together with or exclusive of any railway station, land or building in the vicinity of such town as Nagar Panchayat and to extend to it all or any of the provisions of the Act. Every declaration under this section shall be published in the [Official Gazette] and in such other manner as the State Government may direct. If any part of a town or local area affected by any declaration under this section is a cantonment or part of a cantonment, no declaration under this section shall be made. 4.3.1.9 The Bihar Apartment Ownership Act, 2006 (Act No. 28 of 2006) An Act to provide for the ownership of an individual Apartment in a multi-storeyed building and of an undivided interest in the common areas and facilities appurtenant to such Apartment and to make such payment and interest heritable and transferable and for matters connected therewith or incidental thereto. It is expedient to provide for giving ownership of an individual Apartment in a building and to make such Apartment heritable and transferable property and to provide for the matters connected with the aforesaid purposes. The provisions of this Act shall apply to every Apartment in a multi- storied building which was constructed for residential or commercial or such other purposes such as office, practice of any profession, occupation, trade or business for any other type of independent uses before or after the commencement of this Act and on a free hold land, or lease hold and, if the lease for such land is for a period of thirty years or more. The sole owner or all the owners of the land may submit such land to the provisions of this Act with the condition that he or they shall grant a lease of such land to the Apartment owners, terms and conditions of the lease being disclosed in the declaration to be made in this regard either by annexing a copy of the instrument of lease to be executed to the declaration or otherwise. 4.3.1.10 Slum Policy Bihar Slum Policy has been developed within the framework of the National Slum Policy and is to guide the state and local governments in addressing slum specific issues. The key objectives of this policy are: 13. To integrate slum settlements and the communities residing within them, 14. To strengthen the legal and policy framework for sustainable development 15. To establish a framework for involving all stakeholders The policy indicates the way to tackle the problem of slums, identification and listing of slums in systematic and regular basis to take care for future need for land and resources, 57 mainstreaming of urban poor, provide livelihood security, justice and equity, gender equality, community participation in the planning, design and implementation etc. as per policy a continuous area of at least 20 ‘slum like households ‘satisfying the set criteria exist in unhygienic environment usually with inadequate infrastructure and lacking proper sanitation and drinking water facilities. The slum policy of the state is very clear and transparent. 1838 slums have been identified in 28 cities / towns. The slum identified in Patna, Bhagalpur, Darbhanga, Muzaffarpur and Gaya is given in annexure 4.3.3. Under this scheme, integrated development of slum pockets / sites numbering 60 in Patna and 7 in Bodh Gaya has been taken up and Rs. 149 crore has been sanctioned for constructing 22,372 dwelling units for the urban poor. One of the most important, revolutionary and foresighted provisions so far which other previous slum policies have not been able to see, is embodied in the State Slum Policy of (2010) and i.e the “Tenure Security” for slum dwellers and highly marginalized EWSs of the society who are living in slum pockets. And the provision of basic services to such shelterless slum dwellers. National Slum Policy mandates states to allocate clear land ownership or long term lease to slum dwellers wherever possible. Slums eligible for in-situ up-gradation will have to participate in sharing costs to be incurred for this up-gradation. The ULBs in Bihar endeavour to facilitate transfer of government or municipal land through negotiated settlement with the slum dwellers at a price not exceeding 33 percent of the market value; as may be ascertained from the stamp duty records. Representative of all the stakeholders will be invited to participate in the negotiations to promote transparency. Slum dwellers will be required to pay the amount up front and could take loan from micro-finance institutions for this purpose. The slum dwellers, which have paid the cost of leasing the land, shall have a right to sell their dwelling unit with the lease on the land to any other low-income group person anytime with prior approval of association or society. 4.3.1.11 Problems in Urban Development The Urban Local bodies look after the urban development programme in their respective areas of operation. There is no planned development of urban area in the state. Urban Development in State is suffering from the following facts: 16. Unplanned development of township in absence of statutory Master Plan. An attempt has been made to finalise the Master Plan for Patna but, the draft Master Plan could not be placed on the website for public opinion due to declaration of general election. Since there was no Master Plan/Development Plan in the past, the question of its periodical revision of master Plan/Development Plan is not structured. 17. Systematic land use planning was missing to some extent in the urban areas for quite long time until the Bihar Planning and Development Act passed in 2012. 18. Lack of adequate width of road resulting into frequently congestion and traffic Jam for hours together. 19. Encroachment of land of housing board by individual co-operative societies / builders due to poor implementation of the encroachment act. 20. Encroachment of road by the owner of building on both sides of road / footpath vendors / petty footpath trades, godmen, muscle power, etc. Encroachments by so called religious men, land mafia, petty footpath sellers, traffic police, telecommunication agency, Sudha Milk Projects, hawker and handcartwalla, private dealers in construction materials (sand, concrete, bricks, and bamboos) are common. 21. Lack of proper drainage facilities resulting water logging even after scanty rain due to absence of proper land use planning 22. Lack of adequate and proper sewerage plant resulting drainage of polluted water in river and thereby polluting water in river. 58 23. Lack of adequate solid waste management resulting heap of dirt at various places and affecting cleanness 24. Lack of adequate and assured power supply resulting large scale use of generators, creating environmental pollution, 25. Virtual disappearance of Development Control resulting into development precedes, unchecked planning 26. Lack of supply of treated piped water in urban area which is 8 per cent only as per 2011 census 27. Construction of Jhuggi / Jhophari in different localities through encroachment 28. Location of hazardous industries / dairy activities etc. in residential colony. 29. Rampant violation of building bye-laws due to poor monitoring of provision of various acts. About 55 per cent of multi-storied building in Patna is facing vigilance cases for violation of FAR, height, map and approved building plans. About 60 per cent people are living in house without obtaining completion certificate. And about 70 to 80 per cent people are living in houses / flats without obtaining occupancy certificate. Adequate manpower is being planned to look after the cases of building bye-laws violation. In January, 2014 the State Government has constituted two Municipal Building Tribunals at Patna. Separate Directorate of Municipal Administration has been set up in Urban Development Department in January, 2014. 30. Although the state falls under seismic zone number four Earth quake proof houses are not given due importance in the state. 31. A number of Apartments is not equipped or even partly equipped with provisions of fire fighting apparatus. 4.3.1.12 Reform Agenda The Bihar Government has commenced on a fast track implementation of the reform agenda. Following are the achievements so far: 32. Effective implementation of decentralization initiatives as envisaged in 74th CAA. 33. Urban Land (Ceiling and Regulation) Act has been repealed in August 2006. 34. The Apartment Ownership Act, which had severe shortcomings, restricting investment in the sector, has been amended in August 2006. 35. Reform of Rent Control / Municipal Law has been finalized. To be placed before the Assembly in the winter session. 36. Rationalization of stamp duty - brought down from the existing 18 per cent to 6 percent plus + 2 percent ULBs charges in May 2006, with a target to reach 5 per cent. 37. Building bye-laws, 1993, revised in May 2006 to streamline the approval process for construction of buildings. Again the attempt has been made to revise building bye- laws to make it more clear and transparent and to check violation of building bye- laws. The proposed building bye-laws 2013 have been floated on the website of urban department for public opinion. 38. In order to attract investment in multiplexes and malls, building bye-laws, 1993 cinema rules have been amended in the year 2006. 39. Building bye-laws, 1993 have been amended in April 2006 to incorporate structural safety norms, rainwater harvesting and provision for disabled persons, etc. 40. State Government has computerized registration of land and property, and property title certification. 41. In many ULBs, Public Private Participation has been experimented starting with garbage disposal, street lighting, construction of bus stands, etc. 42. Introduction of a system of e-governance using IT application for various urban services and reform of property tax. 59 43. The Master Plan for Patna Metropolitan Region 2032 is under preparation and will be ready within two to three months. 44. Master Plan for Gaya, Bhagalplur, Muzaffarpur, Darbhanga, Biharsharif, Arrah, Rajgir and Chapra are under process and will be ready within 6 month. 45. City Development Plans (CDPs) for 28 cities under JNNURM have already been prepared and approved by the Municipal Board. In City Development Plans land use planning effectively guides urban spatial expansion. In the major cities urban development is guided effectively by a hierarchy of regional/detailed land use plans that are regularly updated, with land use intensity being matched with carrying capacity of infrastructure. 46. The process of GIS-based mapping of urban area has been started. Base maps of 17 towns are ready. Work is in progress for preparation of base map of other towns. 47. One of the most important, revolutionary and foresighted provisions so far other previous slum policies have not been able to see, is embodied in the State Slum Policy of (2010) and i.e the “Tenure Security” for slum dwellers and highly marginalized EWSs of the society who are living in slum pockets and the provision of basic services to such shelterless slum dwellers. 48. 1838 slums have been identified in 28 cities / towns. The slum identified in Patna, Bhagalpur, Darbhanga, Muzaffarpur and Gaya has already been given annexure 4.3.3. 49. Policy to ensure delivery of low cost building does exist and is in place. Bihar Housing Board (BHB) and Housing and Urban Development Corporation (HUDCO), Government of India, have been constructing and providing for housing for EWS, LIG, MIG and HIG in majority of housing units are meant for EWS and LIG groups. 50. Several agencies now working in urban areas, especially for low cost EWS housing, slum improvement and provision of services. The Urban Development Department is coordinating amongst them to prevent any overlaps and gaps. 51. A 15 per cent reservation has been proposed in Draft Building bye-laws (2013) for EWS (Economically Weaker Sections) of the population. 52. Under Rajiv Aawas Yojana, the state has started a modest beginning by approving the projects of construction of 40,746 houses for EWS under 27 ULBs of the states with a cost of 16.66 crores. The in principal approval has been given by the state level sanctioning and monitoring committee. Now the proposal will be send to Government of India for approval. 53. Training of women councillors is going on through the RCUES, Lucknow. About 25 per cent women councillors in the State have already been trained. 54. Emphasis has been given on creating and augmenting basic infrastructure facilities in water supply, sewerage, storm water drainage, solid waste management, roads and bridges in all the 139 ULBs in the State. 55. Municipal Corporation Act 2007 was amended in 2011 to make it more effective and peoples friendly. 56. Communication tower and related structure rule 2012 were formulated and approved. 57. Details guidelines for sitting of sanitary landfill were issued in 2012. 58. Details guidelines for generic environment management plan were issued in 2012. 59. Details guidelines for sewerage treatment plan were issued in 2012. 60. Citizen charter for municipality in Bihar has been formulated and widely published for the use of urban citizens. 61. Centralized grievance and redressal cell (CGRC) and MIS cell have been installed in Patna for all the municipalities of Bihar. 4.3.1.13 Agencies Involved in Urban Planning and Development 60 62. Urban Development & Housing Department, Government of Bihar 63. Nagar Nigam, Nagar Parishad and Nagar Panchayat 64. Jawaharlal Nehru National Urban Renewal Mission (JNNURM) (operationalised in Patna and Gaya) 65. Samvardhan 66. Bihar Urban Infrastructure Development Corporation Limited (BUIDCO) 67. Bihar State Housing Board (BSHB) 68. Supporting department like Bihar State Electricity Board, PWD (Road), PHED, Bihar State Pollution Board, Health Department, Education Department etc. 69. Funding agencies like HUIDCO, Banks, Private Investments by contractors 70. Private agencies like Builders, Contractors etc. 71. Civil Societies 4.3.1.14 Support Programme for Urban Reform in Bihar Support Programme for Urban Reforms (SPUR) is a partnership programme between the Government of Bihar and the UK Department for International Development (DFID), SPUR’s goal is “economic growth and poverty reduction significantly accelerated in Bihar by 2014”. Its purpose is “identified Urban Local Bodies (ULBs)’ ability to provide urban services and attract private investment significantly enhanced”. The project has covered 28 urban centres, expected to become economic hubs, benefiting the wider state. It has directly improved the quality of services received by 6.36 million urban citizens, of which nearly half are poor. It has also benefited large numbers of people from nearby rural areas who depend on urban centres for services and economic opportunity. SPUR has achieved its purpose by delivering five mutually reinforcing outputs: (i) Effective policies and stronger institutions to promote and manage urban development in place; (ii) State and ULBs mobilize significantly increased resources for urban development and manage them more effectively; (iii) Identified ULBs plan, implement and manage urban infrastructure and services more effectively; (iv) Increased municipal capacity to attract private investment in urban areas; (v) Empowered poor communities and socially excluded groups access increased urban resources and livelihood opportunities. 4.3.1.15 Jawaharlal Nehru National Urban Renewal Mission (JNNURM) JNNURM is a huge mission which relates primarily to development in the context of urban conglomerates focusing to the Indian cities. JNNURM aims at creating ‘economically productive, efficient, equitable and responsive Cities’ by a strategy of upgrading the social and economic infrastructure in cities, provision of Basic Services to Urban Poor (BSUP) and wide-ranging urban sector reforms to strengthen municipal governance in accordance with the 74th Constitutional Amendment Act, 1992. National Ganga River Basin Authority (NGRBA), Urban Infrastructure Development Scheme for Small and Medium Town (UIDSSMT), Urban Infrastructure and Governance (UIG), Integrated Housing for Slum Development Programme (IHSDP), Progress of Basic Services for Urban Poor (BSUP), and Basic Services for Urban Poor (BSUP Scheme) are the schemes being implemented in the state from the fund received under JNNURM. 4.3.1.15.1 National Ganga River Basin Authority (NGRBA) Under this programme sewerage plants are being constructed at Begusarai, Hajipur, Buxar and Munger by BUIDCO with a total project cost of 441.86 crore. The expenditure till 30 th November, 2013 was 72.656 crores. The details regarding this project are given in the annexure 4.3.4. The progress of implementation of the project is poor. 4.3.1.15.2 Urban Infrastructure Development Scheme for Small and Medium Town (UIDSSMT) 61 The expenditure of the Urban Infrastructure Development Scheme for Small and Medium Town (UIDSSMT) scheme as on 30th November, 2013 is 95.56 crores against the total project outlay of 261.14 crores. The details of the progress of the Urban Infrastructure Development Scheme for Small and Medium Town (UIDSSMT) scheme as on 30th November, 2013 is enclosed in annexure 4.3.5. 4.3.1.15.3 Urban Infrastructure and Governance (UIG) The expenditure under the Urban Infrastructure and Governance (UIG) scheme as on 30 th November, 2013 is 177.72 crores against the sanctioned project outlay of Rs. 758.47 crores in the various towns of Bihar. The detailed progress of the Urban Infrastructure and Governance (UIG) scheme as on 30th November, 2013 in the various towns in the state of Bihar has been enclosed as annexure 4.3.6. 4.3.1.15.4 Basic Service for Urban Poor HUDCO is implementing the programme to provide basic services to the urban poor. The progress achieved as on 31st November, 2013 has been given below in the table: Table 4.3.1: Progress achieved as on 31st November, 2013 Financial achievement Total Project cost No. of Dwelling Units Completed No. of Particulars / Expenditure (Rs. in lakh) Sanctioned Dwelling Units (Rs. in lakh) Scheme where there is some 7788.79 3328 432 1321.09 progress Scheme with nil 63209.65 19044 0 414.35 progress Total 70998.44 22372 432 1735.44 The detailed progress of the basic services for urban poor as on 30th November, 2013 has been given in annexure 4.3.7.The rate of completion of projects is poor and needs to be accelerated. 4.3.1.15.5 Housing Development Programme for Slum Development / Economically Weaker Section of Society Policy to ensure delivery of low cost building does exist and is in place. Bihar Housing Board (BHB) and Housing and Urban Development Corporation (HUDCO), Government of India, have been constructing and providing for housing for EWS, LIG, MIG and HIG in majority of housing units are meant for EWS and LIG groups. A 15 per cent reservation has been proposed in Draft Building bye-laws (2013) for EWS (Economically Weaker Sections) of the population. Besides, currently HUDCO is allocating its loan disbursement in the following proportions, which is given in table below. Table 4.3.2: Allocation of loan by HUDCO (a) Economically Weaker Section 30 per cent (b) Low Income Group 25 per cent (c) Middle Income Group 25 per cent (d) High Income Group 20 per cent (Source: HUDCO Office, Patna) The Implementing Agency for integrated house for slum development programme is BUIDCO and Hindustan Prefab Ltd. (HPL). The progress achieved so far is as under. Table 4.3.3: Progress under integrated house for slum development programme as on 30th November, 2013 No. of Dwelling Financial Total Project No. of Dwelling Completed No. of Units in Achievement / cost Units Sanctioned Dwelling Units Progress Expenditure 62 75788.09 28255 2835 5144 8362.08 The detailed progress under the integrated house for slum development programme is given in annexure 4.3.8. 4.3.1.16 Samvardhan Samvardhan is a six-year partnership programme (2010-2016) between the Government of Bihar and the United Kingdom's Department for International Development (DFID). The programme envisages that effective urban centers in Bihar would play a significant role in economic growth and poverty reduction. They would serve as nuclei for greater economic activity and services to enable contribution to pro-poor development. The programme goal is to promote economic growth and significantly accelerate poverty reduction in Bihar by 2016. In spite of an increasing awareness among local functionaries for improved urban services, a number of institutional and management aspects impede urban economic growth and quality of life. The felt-need to strengthen institutional and technical capacities of the State for urban development, guides the design of the Samvardhan. The programme aims at catalyzing identified Urban Local Bodies (ULBs) to significantly enhance their capability to provide urban services and attract private investment thereby breaking the cycle of low urban revenues, weak capacity and inadequate services. Samvardhan will provide financial, technical and managerial support to enhance efficacy of ULBs and related departments of the State. Samvardhan aims or enabling the increased private investments in urban areas, better services on a sustainable basis to all urban citizens and create positive development impacts on urban poor. Key programme deliverables of Samvardhan these are: 72. Development of effective policies and stronger institutions to promote and manage urban development 73. State and ULBs mobilize significantly increased resources for urban development and manage them more effectively 74. Identified ULBs plan, implement and manage urban infrastructure and services more effectively. 75. Increased municipal capacity to attract private investment in urban areas for inclusive growth 76. Empowered poor communities and socially-excluded groups access urban resources and livelihood 4.3.1.17 Bihar Urban Infrastructure Development Corporation Limited (BUIDCO) 77. Government of Bihar established BUIDCO on 16th of June, 2009 with a view to accelerating infrastructure development activities across all cities. Government of Bihar is 100 per cent shareholder in BUIDCO, which makes it a flagship company to execute infrastructure projects in the State. 78. The vision of BUIDCO is to become an organization of excellence resembling the revolutionary development of Bihar in such a manner the urban landscape of Bihar can become a role model for generation to come. 79. BUIDCO is mandated to work on assignments pertaining to all departments of Government of Bihar or any other department, agency, organization or body through Urban Development & Housing Department or directly. These activities of BUIDCO include but not limited to: All types of buildings, Roads, Parks, Highways, Express Ways, Paths, Streets, Bridges, Sideways, Tunnels, Infrastructure for transport, Drinking water, Sanitation, Sewage system, Electricity, Gas distribution, Education, 63 Health services, Environmental regulation and other infrastructure, Temporary dwelling huts in case of calamity or any emergency. 80. As on March, 2013, BUIDCO had been implementing 26 projects of construction of park, water supply projects, waste management, drainage, Sewerage etc. in various towns of the state with a project cost of Rs. 1549.9 Crores. Out of this fund 451.18 crores has been released to BUIDCO. BUDICO has incurred an expenditure of Rs. 264.37 crores as on 31st March, 2013. Out of these 26 projects, 5 have already been completed. 4.3.1.18 Bihar State Housing Board (BSHB) Bihar State Housing Board has been established under Bihar State Housing Board Act, 1982 to cater to the need of the people of Bihar State in terms of better housing facilities and amenities relating thereto. In lieu of the housing services provided through different schemes as illustrated above, the BSHB charges subsidized value for the allotment of housing units and plots. Construction of 1,00,000 housing units with world-class sustainable facilities in the State by 2015 is the goal of BSHB. Recently BUIDCO is implementing 26 projects of construction of park, water supply projects, waste management, drainage, Sewerage etc. in various towns of the state with a project cost of Rs. 1549.9 Crores. Out of this fund 451.18 crores has been released to BUIDCO. BUDICO has incurred an expenditure of Rs. 264.37 crores as on 31st March, 2013. Out of these 26 projects, 5 have already been completed. Bihar State Housing Board is governed by Bihar State Housing Board Act, 1982, Bihar Township Policy, State Slum Policy, National Urban Housing and Habitat Policy, 2007 and Interest Subsidy Scheme for Housing the Urban Poor (ISHUP) Guidelines. Modus Operandi of BSHB is to develop projects in PPP mode. Projects will be developed on Cross Subsidization Theory. Private Developer(s) will deploy capital, manpower and resources to develop the EWS/LIG/MIG townships and will get some commercial space to develop and sell to recover the cost of township with profit. The project completed by the BSHB as on 31st October, 2013 has been given in the Annexure 4.3.9. 4.3.1.19 Housing and Urban Development Corporation (HUDCO) Limited HUDCO is a unique institution with its motto of "Profitability with Social Justice". A Public Sector Company, under the Ministry of Urban Development and Poverty Alleviation, HUDCO has been a key partner with the Government in building assets for the Nation. In its operations, HUDCO lays a considerable emphasis on the housing need of the 'deprived' i.e Economically Weaker Sections (EWS) and Low-Income Groups (LIG). In times of crisis like Earthquakes, Cyclone, Floods, tsunami, etc. HUDCO has extensively contributed in the rehabilitation of the calamity affected households, through its technical and financial help for housing reconstruction. Various schemes of HUDCO are (1) rent to own (2) HUDCO Nav Nagar Yojana (3) micro- finance for housing, (4) targeted implementation of community toilets and sanitation programme. 4.3.1.20 Building Bye-Laws Modified building bye-laws 1993 (effective since 15th November, 1993) guides the building construction and land use in urban areas. Rampant violation of building norms especially in respect of FAR, road, height, setback etc. were observed in the state. Status of implementation and enforcement of the provision under the Building Bye laws is far from satisfactory. Enforcement of the provision is not done during the construction stage resulting in many vigilance cases of violation of provision of bye-laws on the houses/flats/apartments. Considering these violations, the government has amended some provision of municipal act that empowered empanelled architects the rights to 64 approve building plan. The amended provision envisages that building plan would be approved by the competent authority. The department has also mulled formation of regional authorities at the divisional headquarters levels, which will be vested with the responsibility of approving the building plan as per the revised bye laws. The amendments are waiting for gubernatorial nod. The urban development department has also drafted new building bylaws which came into force since 1st January, 2014 after approval. The important provisions of new building bye-laws are being given in annexure 4.3.10 to 4.3.17. 4.3.1.21 Land Use Classification and Permissible Uses Provision regarding uses in land use zones has been made in modified building bye-laws 1993. According to this, there are 7 zones namely; residential, commercial (retail), commercial (wholesale), industrial, public and semi public uses and agricultural. In each zone use permitted and uses permissible if allowed by the authority after special appeal has been mentioned in detailed, which is given in annexure 4.3.18 Various types of land use permitted and restricted in different zones are further clearly demarcated in 13 zones on the draft building bye-laws 2013. Activities generally permitted activities permissible on approval of authority and activities prohibited in various land use zone is given in annexure 4.3.19. All the restrictions in the bye-laws serve public purposes and save people from disaster. 4.3.2 ASSESSMENT OF DIMENSIONS Assessment of Indicator 3.1: Restrictions on rights: land rights are not conditional on adherence to unrealistic standards Dimension Restrictions on urban land ownership/ B There is a series of regulations that are for 3 1 1 transfer effectively serve public policy the most part serve public purpose but enforcement is deficient. objectives Restrictions on urban land ownership/ B There are a series of regulations that are for 3 1 2 transfer effectively serve public policy the most part serve public purpose but that are not enforced. objectives. . Analysis of Dimension 3.1.1: Restrictions on Urban Land Ownership/ Transfer In Bihar after introduction of The Bihar Municipal Act, 2007 all activities of urban development are guided by this Act and the unified draft bye-law developed in 2013. However, there is lack of Master Plan for municipalities to guide urban development. Another important act in this regard is Bihar Planning and Development Act 2012. Most part of restrictions on urban land ownership / transfer mentioned in Bihar Planning and Development Act 2012 effectively serves public purpose. Tenable land restrictions for constructing house in airport zones, national parks, near electrical lines and hazardous dumping yards exist in the modified building bye-laws 1993 (effective since 15th November, 1993) and proposed building bye-laws 2013. These restrictions have been imposed to protect public from any disaster and serve the public purpose. The slum dwellers, which have paid the cost of leasing the land, have a right to sell their dwelling unit, not the land to any other low-income group person anytime with prior approval of association or society. Due to non- existence of development control, enforcement agency at the tail-end of implementation and poor monitoring, these restrictions are not being enforced. Thus, the enforcement of restrictions is deficient. Analysis of Dimension 3.1.2: Restrictions on Urban Land Use (Disaster Risk) There is clear restriction on urban land use. Provisions regarding uses of land in land use zones have been made in modified building bye-laws, 1993. According to this, there are 7 zones namely; residential, commercial (retail), commercial (wholesale), industrial, public and 65 semi public uses and agricultural. Various type of land use permitted and restricted in different zones is further clearly demarcated in the draft building bye-laws 2013. Most parts of restrictions serve public purpose and avoid disaster. Land use permitted or prohibited in different use zone has been clearly mentioned in the modified building bye-laws, 1993. In modified building bye-laws, activity permitted and activity permissible on approval by authority has been clearly mentioned. In the proposed building bye-laws, 2013, zoning of urban land has been done and in each zone, activity permitted and activity permissible on approval by authority and activity prohibited has been clearly mentioned. Master plan is under process of finalization. However, 28 City Development Plans have been prepared wherein plan provision for public/semi public open spaces, parks, plays grounds, and roads have been clearly demarcated. Height restrictions in the airport zone, distance from electric pole, distance from dumping yard and stipulation regarding width of road has been made in modified building bye-laws 1993 and proposed building bye-laws, 2013, for disaster preventions which serves public purposes. Minimum distance of building from electric lines and minimum distance from hazardous storage sheds are given below in table. Table 4.3.4: Minimum Distance from Electric Line Vertical distance in Horizontal Meters distance in meters Low and medium voltage lines 2.5 1.2 and service lines High voltage lines up to and 3.7 1.2 including 11, 000 Volt High voltage lines above 11,000 3.7 2.0 volt and up to and including 33,000 Volt Extra high voltage line beyond 3.7 (Plus 0.3 meters for every 2.0 (Plus 0.3 meters for 33,000 Volt additional 33,000 every volts or part thereof) additional 33,000 volts or part thereof) Source: Draft Building Bye-laws, 2013 Table 4.3.5: Minimum Distances Required for Storage Shed of Liquefied Petroleum Gas Cylinders Quantity of Compressed Gas in Cylinders Minimum Clear (Kg.) Distance to be Kept (metres.) 0-100 1 101-1000 3 1001-4000 5 4001-8000 7 8001-12000 9 12001-30,000 12 Over 30,000 15 (Source: Draft Building Bye-laws, 2013) These restrictions are deficient in meaningful implementation. Effective monitoring on violation of restrictions is virtually absent. In Bihar there is no SEZ Act in the state. 66 Assessment of Indicator 3.2: Transparency of land use restrictions: changes in land use and management regulations are made in a transparent fashion and provide significant benefits for society in general rather than just for specific groups Dimension Process of urban expansion/ infrastructure D Information on planned urban expansion 3 2 1 development process is transparent and and infrastructure development is not publicly available. respects existing rights. Public input is sought while preparing and Changes in urban land use plans are based on C amending land use plans but the public 3 2 2 a clear public process and input by all comments are largely ignored in the stakeholders finalization of land use plans. D Less than 30% of the land that has had a 3 2 3 Changes in assigned urban land use are change in land use assignment in the past 3 swiftly followed by actual land use change years has changed to the destined use. Analysis of Dimension 3.2.1: Process of Urban Expansion/Infrastructure Development The processes for urban expansion are clear and transparent. Municipalities are created as and when the State Government is satisfied regarding the fulfillment of criteria for forming Nagar Palika/Nagar Parishad/Municipalities. Municipalities are created as and when the State Government is satisfied that three- fourth of the adult population of any town is engaged in pursuits other than agricultural and that such town contains not less than forty thousand inhabitants and an average number not less than four hundred inhabitants per square kilometre of the area or such town, the State Government may declare its intention to constitute such town together with or exclusive of any railway station, village, land or building in the vicinity within a municipal are and to extend to it all or any of the provisions of the Act. Further, if the State Government is satisfied that three- fourths of the adult population of any town is engaged on pursuits other than agricultural and that such town contains not less than twelve thousand inhabitants and an average number of not less than four hundred inhabitants per square kilometre of such town, the State Government may declare its intention to constitute such town together with or exclusive of any railway station, land or building in the vicinity a Nagar Panchayat and to extend to it all or any of the provisions of the Act. Every declaration under this section shall be published in the [Official Gazette] and in such other manner as the State Government may deem fit. The same is also uploaded on the website of the Urban Development and Housing Department / Municipal Corporation and opinions are invited. Such declaration made under Bihar Municipal Act 2007 shall not be applicable to any part of a town or local area constituting cantonment or its part. 60 new census towns (non-statutory) have developed during the last ten years as per 2011 Census, but they have not been given the statutory status of Nagar Palika/Nagar Parishad. Development precedes planning and as such provisions of roads, sewerage and drainage, maintenance of right-of-ways or building lines are made much later. As a result of such lapses, water logging even in case of scanty rainfall is common. Garbages are allowed to remain for weeks and weeks together. It is not quite common sight in outgrowth (OG) or Urban Agglomeration (AG) areas, but on the main arteries and sub-arteries, where herds of stray dogs, cows and pigs are often seen fighting over a morsel of left over foods on the one hand, and rag-pickers on the other. Sufficient notification for large project has been given on the website of the department and public opinion is sought. Infrastructure plan has also been prepared in the 28 city development plan. Information related to urban expansion is not publicly available.The process respects the 67 existing right. The existing right continues under Bihar Tenancy Act, 1885, under section 3 (b). In section 3 (b) it is mentioned that BT Act shall extend to the whole of the state of Bihar. Therefore, unless the whole or portion of an area comprised within a municipality is notified to have been exempted from the operation of the Act, the provision of the Act will apply to lands within a municipality also. The municipality has not yet notified the exemption of the BT Act in municipal area in Bihar. Analysis of Dimension 3.2.2: Public inputs in Urban Land Use Plan Public inputs are sought rarely in the process of urban land use plan preparation. More or less it has became as planning rituals, while finalizing or amending land uses in which creative suggestions by public at large are seldom incorporated. Quite recently, the proposed building bye-laws (2013) and Draft Master Plan for Patna were placed on website and opinion / suggestions have been invited. But, this method of inviting public opinions or suggestions is not a perfect substitute and infallible procedure wherein face-to-face discussions are seldom allowed to be held. A clear policy is in place for bringing about changes in urban land use plan. The proposed conversion of land is being notified and the objections / public opinion are invited regarding the conversion of land use. Analysis of Dimension 3.2.3: Changes in Assigned Urban Land Use A very few changes in land use assignment in the past 3 years have been brought about in desired or destined uses. Getting permission for changes in assigned urban land use area is a very cumbersome process lace with a time – consuming process and that too can be given only for activity permissible on approval. Moreover, changes in assigned urban land use are not followed by actual land use change. Example is the agriculture land of Digha allotted to housing board. The housing board delayed the implementation. In the mean time, the land owner registered the land to various society and thousands of houses were constructed. The cases went upto Supreme Court but still it is unresolved. Assessment of Indicator 3.3: Efficiency in the urban land use planning process: land use plans and regulations are justified, effectively implemented, do not drive large parts of the population into informality, and are able to cope with population growth. Dimension There is a policy for low cost housing and Policy to ensure delivery of low-cost C services but implementation has major gaps so 3 3 1 housing and services exists and is that the number of those with inadequate progressively implemented shelter actually increases. C In the largest city, while a hierarchy of regional/detailed land use plans is specified by 3 3 2 Land use planning effectively guides law, in practice urban spatial expansion occurs urban spatial expansion in the largest in an ad hoc manner with infrastructure city. provided some time after urbanization. C In the four major cities in the country, while a hierarchy of regional/detailed land use plans is specified by law, in practice urban 3 3 3 Land use planning effectively guides development occurs in an ad hoc manner with urban development in the four next infrastructure provided some time after largest cities. urbanization. C In the largest city, the urban planning process/authority is struggling to cope with the 3 3 4 increasing demand for serviced units/land as Planning processes are able to cope evidenced by the fact that most new dwellings with urban growth. are informal. Analysis of Dimension 3.3.1: Policy to Ensure Low Cost Housing and Services 68 There is huge shortage of urban dwellings in India as well as in Bihar. The shortages of urban housing at the end of 31st March 2009 were 24.71 million dwelling units in India, in Bihar the shortage was 0.59 million dwelling units. In the context of Bihar, policy to ensure delivery of low cost building does exist and is in place. Bihar Housing Board (BHB) and Housing and Urban Development Corporation (HUDCO), Government of India, have been constructing and providing for houses for EWS, LIG, and MIG. Majority of housing units are meant for EWS and LIG groups. A 15 per cent reservation has been proposed in Draft Building bye-laws (2013) for EWS (Economically Weaker Sections) of the population. Under Rajiv Aawas Yojana, the state has started a modest beginning by approving the projects of construction of 40,746 houses for EWS under 27 ULBs of the states with a cost of 16.66 crores. The principal approval has been given by the state level sanctioning and monitoring committee. Now the proposal will be send to Government of India for approval. Besides, currently HUDCO has been allocating its loan disbursement in the following proportions: Table 4.3.6: Allocation of loan by HUDCO (a) Economically Weaker Section 30 per cent (b) Low Income Group 25 per cent (c) Middle Income Group 25 per cent (d) High Income Group 20 per cent (Source: HUDCO Office, Patna) In Bihar 1838 slums have been identified in 28 cities / towns for their development. The slum identified in Patna, Bhagalpur, Darbhanga, Muzaffarpur and Gaya is as under. Table 4.3.7: Slums identified in five big cities City / Town Number Patna 110 Bhagalpur 165 Darbhanga 138 Muzaffarpur 105 Gaya 40 (Source: Urban Development & Housing Department, Govt. of Bihar) Under this scheme, integrated development of slum pockets / sites numbering 60 in Patna and 7 in Bodh Gaya has been taken up and Rs. 149 crore has been sanctioned for constructing 22,372 dwelling units for the urban poor. In Bihar, there is another scheme called affordable housing is also in operation for Economically Weaker Section (EWS), Low Income Group (LIG) / middle income group with atleast 25 percent for EWS. An interest subsidy scheme for housing the urban poor has also been launched for providing interest subsidy on housing urban poor to make the housing affordable and within repaying capacity of economically weaker sections / low income group. This scheme encourages poor sections to avail loan facilities through commercial banks / housing financial companies for the purpose of construction / acquisition of houses and avail 5 percent subsidy in interest payment for loan upto Rs. 1 lakh. Analysis of Dimension 3.3.2: Guidance of Urban Spatial Expansion in the Largest City by Land Use Planning In Bihar Patna is the largest city. No discussion on land use plan has been made in the existing City Development Plan. As the concept was introduced in 2002 and the City Development Plan approved before that, the land use plan was not included. However, the 69 Master Plan for Patna Metropolitan Region 2031is under preparation and now the draft Master Plan is ready for presentation. City Development Plan under JNNURM for Patna has already been prepared and approved by the Municipal Board. In city development plan, land use planning effectively guides urban spatial expansion. The Patna City urban development is guided effectively by a hierarchy of regional/detailed land use plans that are regularly updated, with land use intensity being matched with carrying capacity of infrastructure. Office of Town Planner has become redundant which should be made functional to have proper planning, monitoring, co- ordination and control. Analysis of Dimension 3.3.3: Guidance of Urban Spatial Expansion in the four next Largest City by Land Use Planning Master Plan for Gaya, Bhagalplur, Muzaffarpur, Darbhanga, Biharsharif, Arrah, Rajgir and Chapra are under process and will be ready within 6 months. These are the next large cities after Patna. City Development Plans (CDPs) under JNNURM for 28 cities have already been prepared and approved by the Municipal Board. In the major cities urban development is guided effectively by a hierarchy of regional/detailed land use plans that are regularly updated, with land use intensity being matched with carrying capacity of infrastructure. Analysis of Dimension 3.3.4: Planning Processes and Urban Growth In Bihar the Urban Planning Authority is struggling to cope up with the increasing demand for service units / plots as evident by the fact that large numbers of new dwellings are informal. It has been observed that the planning process or development control in urban areas is almost absent and the urban growth has been left on the whims and fancies of people at large and builders and contractors. This has resulted in rampant violation of building bye- laws and approved maps. The coverage ratio of assessment of property tax in Bihar is poor, which is evident from the coverage ratio of one municipal corporation i.e. Patna Municipal Corporation as on 30th October, 2012. Patna Municipal Corporation estimates of total number of holdings in Patna - 5 lacs Electric connection in Patna Municipal Area - 4 lacs Number of registered holdings in Patna Municipal Corporation - 2.5 lacs Coverage ratio - 50.0% More or less, similar is the situation in other municipal bodies. Hence there is a need to bring unregistered holdings into tax fold to increase the revenue for providing better services. So far as the collection of this tax is concerned, the collection of tax has improved gradually which can be observed from the following tables of one municipality i.e. Patna Municipal Corporation. Table 4.3.8: Property tax collected by Patna Municipal Corporation Year Receipt from Property Tax (Rs. in Crores) 2004-05 13.87 2005-06 21.12 2006-07 15.38 2010-11 17.00 2011-12 28.00 2012-13 22.00 (Source: Website of Municipality) The average holding tax per person per year in Bihar worked out to Rs. 126 against the national average of Rs. 486 per person per year, in 2012. This gives clear indications to 70 restructure the holding tax structure. The ULBs have already revised the tax structure few months ago. On wider protest, the implementation of revised structure has been stayed by the Government. There is an urgent need to revise the tax structure in order to provide better civic amenities in the urban area. The process of GIS-based mapping of urban area has been started. Base maps of 17 towns are ready. Work is in progress for preparation of base map on the basis of GIS mapping of other towns. GIS Mapping for property tax purpose has been completed in 7 towns. It is shocking that about 55 per cent of multi-storied buildings in Patna are facing vigilance cases for violation of FAR, height, map and approved building plans. Assessment of Indicator 3.4: Speed and predictability of enforcement of restricted land uses: development permits are granted promptly and predictably Dimension C Requirements to obtain a building permit are technically justified but 3 4 1 not affordable for (and not Provisions for residential building permits are complied by) the majority of those appropriate, affordable and complied with affected. C All applications for building 3 4 2 A building permit for a residential dwelling permits receive a decision within can be obtained quickly and at a low cost. 12 months. Analysis of Dimension 3.4.1: Provisions for Residential Building Permits It has been found that, in Bihar requirement to obtain building permit is technically justified, affordable but only partly complied with. There is invariably delay in issuing the permit observed. There is no online mechanism for building plan approval. Generally the provisions of permits are not being complied with by individuals and builders. No proper and foolproof system has been evolved for monitoring of violation of approved building plans. Monitoring of violation is poor and inadequate. Analysis of Dimension 3.4.2: Timeliness of obtaining a Building Permit for a Residential Dwelling It is found that in Bihar, obtaining building permit for a residential dwelling is a cumbersome and time-taking process. About 60 per cent people are living in house without obtaining completion certificate. About 70 to 80 per cent people are living in houses / flats without obtaining occupancy certificate. Assessment of Indicator 3.5: Tenure regularization schemes in urban area Dimension Formalization of urban residential C The requirements for formalizing housing in urban housing is feasible and affordable. areas are neither clear, straight-forward, or 3 5 1 affordable but many applicants from informal areas are managing to satisfy the requirements. In cities with informal tenure, a viable C Strategies to deal with urban informality exist but 3 5 2 strategy exists for tenure security, focus only on either land or services but not both. infrastructure, and housing. A condominium regime allows D Common property under condominiums is effective management and recording of recognized and the law has clear provisions for 3 5 3 management and publicity of relevant records that urban property. are followed in practice. Analysis of Dimension 3.5.1 Formalization of Urban Residential Housing The requirement for formalising housing in urban areas is clear and affordable but is seldom implemented consistently and effectively. In the context of urban Bihar, formalization of 71 urban residential housing is feasible. Cost of urban housing varies from locality to locality and people can choose housing as per their affordability. There are some informal colonies like Rajiv Nagar, Jayprakash Nagar, Ashiana Colony etc. in Patna. However basic services like road, electricity, water are being provided there also. A large number of buildings, especially in Patna, are being constructed without maintaining minimum standard. Analysis of Dimension 3.5.2: Strategy for Tenure Security, Infrastructure and Housing Strategy exists to regularise land rights and provide services to existing informal occupants. Formalisation of land right to informal occupants is lengthy process and is seldom implemented. Many cases of Jhugi and Jhoparpatti shelters in Digha area of Patna is an example where land rights were not formalised as yet. Slum dwellers have not been provided right over their land. One of the most important, revolutionary and foresighted provisions so far other previous slum policies have not been able to see, is embodied in the State Slum Policy of (2010) and i.e the “Tenure Security” for slum dwellers and highly marginalized EWSs of the society who are living in slum pockets and the provision of basic services to such shelterless slum dwellers. Even in Rajiv Awas Yojana, no one has been provided tenure security. It is just a lease of dwelling unit. There is no database with the government regarding slum areas in Bihar. However, the government has identified 1838 slums in 28 cities for development. Analysis of Dimension 3.5.3: Management and Recording of urban property under Condominium Regime In Bihar for apartment complex there is a legislation known as Bihar Apartment Ownership Act, 2006. The apartment construction and management is guided by this Act. There is provision for FAR for various types of building to keep some open space. These open spaces are managed by the Apartment owners’ society. Common property under condominiums has been recognized and recorded. Plot / houses/holdings are being established by ULBs effectively to facilitate the collection of holding taxes. 4.3.3 CONCLUSION Urban development is of immense importance in view of the significant contribution it makes towards the overall growth and development of the economy of states. Though there has been a significant increase in urban population in last 10 years in Bihar, yet Bihar is one of the least urbanized states in India with only 2% of its total geographical area. There is incidence of urban poverty in Bihar. Regarding the planning process related to Urban Development, though initiative started years ago, but is one of the most neglected areas. Even today there is no approved Master Plan available for Patna Municipal Corporation to guide development. However, Master Plan for Gaya, Bhagalplur, Muzaffarpur, Darbhanga, Biharsharif, Arrah, Rajgir and Chapra are under process and will be ready shortly. However, there are City Development Plans under JNNURM for 28 cities. The 74th Constitutional Amendment Act (74th CAA) empowering Urban Local Bodies (ULBs) in the fields of administration, legislation, town planning, environment and architecture, etc as embodied in schedule 12th with some 19 fields, call upon 11 Municipal Corporations, 44 Nagar Parishads and 86 Nagar Panchayats, now confronted with shortage of technical personnel, particularly, town planning and architectural fields. After introduction of The Bihar Municipal Act, 2007 all activities of urban development are guided by this Act and the unified draft bye-law developed in 2013. Other Acts and Rules to guide urban governance in Bihar are ‘The Bihar Planning and Development Act, 2012’, ‘The Bihar Apartment Ownership Act, 2006’and ‘Bihar Slum Policy’. For effective use of urban land there are 7 zones namely; residential, commercial (retail), commercial (wholesale), industrial, public and semi public uses and agricultural. 72 Various type of land use permitted and restricted in different zones is further clearly demarcated and these restrictions serve public purpose and safeguard people from disaster. Though the process of urban expansion and creation of municipalities are clearly mentioned but the information related to urban expansion hardly available publicly. Though it is argued that public inputs are sought rarely, more or less as planning rituals, while finalizing or amending land uses in which creative suggestions by public at large are seldom incorporated however, the new draft Building Bye-Law and Draft Master Plan for Patna posted in the website for people’s opinion. There are certain limitations also in the context of urban housing in the context of Bihar. The shortage of urban dwelling as on 2009 is 0.59 million, yet the draft Housing Policy in Bihar, 2009 has not yet finalized and implementation of Rajiv Awas Yojana has not yet started. But the silver lining in this regard is that there are policies to ensure delivery of low cost building and Bihar Housing Board (BHB) and Housing and Urban Development Corporation (HUDCO), Government of India, have been constructing and providing for houses for EWS, LIG, and MIG. Majority of housing units are meant for EWS and LIG groups. Another positive thing is that the Slum Policy provides tenure security to slum dwellers. Though the requirement for formalising housing in urban areas is clear and affordable but is seldom implemented consistently and effectively. One area of concern is that the planning process or development control in urban areas is almost absent and the urban growth has been left on the whims and fancies of people at large and builders and contractors. The coverage ratio and collection of property tax is also less, which calls for a revision of tax structure in order to provide better civic amenities in the urban area. 4.3.4 STRENGTH 81. Giving permission for self registration of flats, on satisfactory payment of entire amount, as per agreement. Flat owner can apply to municipality with a copy of the agreement and a copy of the receipt showing full payment for ex-parte registration. 82. Holding is created expeditiously by municipality and regularly updated in order to collect holding tax. 83. Adoption of service standards for each activity by setting time – line, authority, appellate authority and reviewing authority, is a land mark achievement in the field of getting services in time. 84. Promulgation of Urban Land Planning Act, 2012 is a step forward for better planning of urban land. 85. Identification of public land within municipal area is done by conducting special Survey. Initiatives have already been taken to remove encroachment of public land in municipal area. Public land is being protected by constructing boundary wall in district headquarters after removal of encroachment. 86. City Development Plans (CDPs) for 28 cities under JNNURM have already been prepared and approved by the Municipal Board. Land use planning effectively guides urban spatial expansion in City Development Plans. Urban development is guided, in the major cities, effectively by a hierarchy of regional/detailed land use plans. These are regularly updated and land use intensity is matched with carrying capacity of infrastructure. 87. The process of GIS-based mapping of urban area has started. Base maps of 17 towns are ready. Work is in progress for preparation of base maps of other towns. GIS- based mapping for property purpose has been completed in 7 towns. GIS-based mapping has already been completed for Patna, Bhagalpur, Darbhanga, Muzaffarpur, Purnea, Katihar and Munger for property tax purpose. 88. Comprehensive draft building bye-laws 2013 are prepared and uploaded on the website for public opinion. 73 89. Draft Master Plan for Patna has been prepared and uploaded for public opinion 4.3.5BEST PRACTICES 90. One of the most important, revolutionary and foresighted, provisions so far compared to previous slum policies is embodied in the State Slum Policy of 2010 is the “Tenure Security” for slum dwellers and highly marginalized economically weaker sections of the society who are living in slum pockets. This Policy has created provision of basic services to such shelterless slum dwellers. 1838 slums have been identified in 28 cities / towns in Bihar for implementation of the policy. The slums identified in Patna, Bhagalpur, Darbhaga, Muzaffarpur and Gaya is as under. Table 4.3.9: Slums identified in five cities City / Town Number Patna 110 Bhagalpur 165 Darbhanga 138 Muzaffarpur 105 Gaya 40 (Source: Urban Development & Housing Department, Govt. of Bihar) Under this scheme, integrated development of slum pockets / sites, numbering 60 in Patna and 7 in Bodh Gaya has been taken up and Rs. 149 crore has been sanctioned for constructing 22,372 dwelling units for the urban poor. 91. Adoption of service standards for each activity by setting time – line, authority, appellate authority and reviewing authority is revolutionary step in providing quick service to the people within a definite time frame. 4.3.6 WEAKNESS 92. Lack of Master Plan for development of urban areas with statutory backing 93. Office of Town Planner has almost become dysfunctional 94. No plan to guide spatial expansion of urban area except some provision in City Development Plan 95. Encroachment of road, public places, drainage, urban land etc. has been observed. Out of total Public Urban Land measuring 29902.38 acres, 1065.79 acres of land has been encroached. The government has removed encroachment from 153.86 acres only. 96. Poor civic amenities in the cities 97. Frequent traffic jam due to encroachment of road on both the sides, non availability of separate parking space etc. 98. Water logging in the town due to poor drainage / clogging of sewerage 99. Dearth of trained manpower in the Urban Development Department, ULBs and other related departments. 100.About 55 per cent of multi-storyed building in Patna are facing vigilance cases for violation of FAR, height, map and approved building plans. 101.About 60 per cent people are living in houses without obtaining completion certificate. 102.About 70 to 80 per cent people are living in houses / flats without obtaining occupancy certificates. 4.3.7 POLICY RECOMMENDATION 4.3.7.1 Short Term 1. Municipal survey (Urban Cadastral) of urban land should be started on priority basis. 2. Strict enforcement of anti-encroachment law, to remove encroachment on priority basis, particularly from road side vendors should be initiated to save people from traffic jam. 74 4.3.7.2 Medium Term 3. The office of the town planner is of vital importance and, hence, should be made functional by appointing Chief Town Planner and provide sufficient staff and infrastructure. 4. The sanctioned posts for Urban Development & Housing Department of urban local bodies should be filled with qualified and trained staff by launching special recruitment drive. 5. Municipal Services Guarantee Act, along the lines of the Right to Public Service Act, 2011 to be put in place. 6. Construction / provision of parking space at different places for vehicles in urban areas should be given topmost priority. 7. Strict enforcement of building completion certificate / occupancy certificate to be done. 8. Development of proper drainage system and solid waste management system in the cities should be ensured. A time bond action plan may be drawn for each city. 9. Green area and children parks should be demarcated in each town. An action plan with definite timeframe work should be chalked out for every city. 4.3.7.3 Long Term 10. Formulation of master plans for development of urban areas, with statutory backup on urgent basis, should be ensured. Its proper implementation will solve the problems of water logging, traffic jam and poor civic amenities. 11. Settlement policy of street vendors should be developed for each ULB. 12. Inclusion of Modernisation Plan of old areas of the city in Master Plan of each ULB. 75 4.4. PUBLIC LAND MANAGEMENT 4.4.1 INTRODUCTION In Bihar the public lands have been categorised as (i) Gairmazruha-Khas/Malik, (ii) Gairmazruha Aam, (iii) Khas Mahal, (iv)Kaisera-hind (Central Govt. Land), along with (v) Ceiling Surplus land and (vi) Bhoodan Land. Since the age of Cadastral Survey, conducted during 1892 to 1922, the public lands were clearly identified as the mentioned categories. The record of rights prepared by Cadastral Survey during above mentioned period clearly indicates raiyati, Govt. Land and Public Land by publishing final Khatiyan, which is an abstract of land records of private and public land. The public land such as Anabad Bihar Sarkar, Anabad Surva-Sadharan, Roads, Railway lines, irrigational channels, embankment, grave-yards etc. have been recorded in Khatiyan and they are kept under direct ownership of the Government. In Bihar, after abolition of Zamindari System through the introduction of Bihar Land Reforms Act, 1950, all the public land and previous estates came under the direct control of State Government. The previous estates which were kept in the town areas were brought directly under Khas Mahal Management; whereas the rural estates were brought under the direct control of Collectors of the concerned districts. The primary administrative unit in the districts is Anchal or Circle where Circle Officers are responsible to look after the Public Land such as Gairmazruha Khas, Gairmazuha Aam, general public roads in rural areas, grave yards, grazing grounds etc. Khas Mahal lands in urban areas are managed by Khas Mahal section of the concerned District Collector, who maintains the record of Khas Mahal land. Their management is clearly indicated in Bihar Government Estates (Khas Mahal) Manual, 1953. 4.4.1.1 Status of Public Land in Bihar In Bihar, the Gairmazruha Aam land is regarded as village common. Playground, pond, grazing land, graveyard etc comes under this category of land. Government can distribute and settle this type of land to landless people only when the nature of the land changed and gram sabha consented for that. In Bihar a total 9,07,809.99 acres of land have been identified as Gairmazruha Aam. Out of the total, 8,29,306.79 acres, which is 91.3% of the total Gairmazruha Aam land is unsuitable for distribution. Out of total Gairmazruha Aam land only 3.4% of the Gairmazruha Aam land has been distributed to the landless and eligible beneficiaries. Still 5.2% of the suitable lands are available for distribution. The reasons for unsuitability have not yet been assessed in details. The strategy to identify the reasons of the unsuitable Gairmazruha Aam land may be developed. The Gairmazruha Khas/Malik lands are under direct control of State Government and regarded as government lands. Government can distribute and settle these lands in favour of landless/housesiteless eligible beneficiaries. In Bihar, a total 17,96,229.59 acres of land have been identified as Gairmazruha Khas/Malik land. 9,21,909.40 acres of land, which is more than half (51%) of the Gairmazruha Malik land, found unsuitable for distribution. Though 43.6% of the GairmazruhaMalik land has already been distributed to the landless beneficiaries, still 5% of the suitable lands are available for distributions. The strategy to identify the reasons of the unsuitable Gairmazruha Malik land, which is 51.3% of the total and amounting to 9,21,909.40 acres, should be developed. In Bihar the Khas Mahal lands are mainly located in urban areas. A total 5036.03 acres of land identified as Khas Mahal land, out of this 1437.78 acres have been leased out to 6308 beneficiaries. This implies only 28.5% land has been leased out to leasehold in the state. 3598 acres, which is 71.5% of the total khas mahal land is lying under the control of the government. Due to poor management, some of these lands have been encroached. 76 Government has vested private land under Bihar Land reforms (Fixation of Ceiling Area), Act 1956. These lands are regarded as public lands and also get distributed or settled in favour of landless farmers and housesiteless eligible families. A total 3,63,415.71 acres of land has been acquired under the Ceiling Law and regarded as ceiling surplus land. 48564.77 acres of ceiling surplus land, which is 13.3% of total ceiling surplus land, are still available for distribution. Bhoodan Movement was started by Vinova Bhabe after independence by persuading larger land owners to donate at least one sixth of their land for distribution among the landless. Various donors have donated their land under Bhoodan Yagna in the state. The donated land required to be confirmed by a formal process. But in Bihar it is found that out of total 6,48,593.14 acres of Bhoodan Land, only 3,45,349.02 acres of land, which is 53.2% of total Bhoodan Land has been confirmed as yet. It is also found that 59.5% Bhoodan land is unsuitable for distribution. The situation of public land demands that the government should launch special survey for assessing reasons of unsuitability of each category of land and develop the strategy for making them suitable for distribution. These large chunks of land when distributed to landless beneficiaries will serve as livelihood for the poor besides self dignity and prestige of the landless. The summary of balance available public land in the state as on 31st March, 2013 is given below in table. Table 4.4.1: Summary of Balance Available Public Land in Bihar as on 31 st March, 2013 Particulars Area in acre Water Area 875164.5 Permanent pasture and Grazing land 38665.9 Balance Gairmazruha Khas /Malik 10,12,638.35 Balance Gairmazruha Aam 8,76,841.06 Balance of Khas Mahal Land 3598 Balance of Undistributed Land Received from 48654.77 Ceiling Balance Bhoodan Land Available (Confirmed + 392500.5 Unconfirmed) (Source: Computed from data collected from District Statistical Hand Book, Department of Revenue and Land Reform, Govt. of Bihar) Out of these public lands, 29902.38 acres of land is located in various towns of Bihar. The Agriculture Department has 243 farms with 2890 hectares of land. Out of these lands of Agriculture Department, 2100 hectares are cultivable land. 4.4.1.2 Land under Dams, River and Common Land There are 28 dams in the state viz. Kharagpur Lake, Nagi, Kohira, Amrity, Badua, Srikhandi, Kolmahadeo, Chandan, Jalkund, Morway, Satgharwa (N.F.), Job, Kailash Ghati, Nakti, Tarakol (N.F.), Baskund, Upper Badua (N.F.) Belharna, Phulwaria, Anjan, Batane, Orhani, Bilasi, Barnar, Durgawati, North Koel, Sindhwarni, Upper Kiul which are also regarded as common property resources under water bodies. The length and catchment of various rivers in Bihar is as under. 77 There are many perennial and seasonal rivers in the state. Perennial rivers are Ganga (Length - 445 km in Bihar, catchment area 19322 sq. km.), Ghaghara (length - 83 km, catchment area 2995 sq km), Kosi (Length-260 km, catchment area-11410 sq km.), Gandak (Length-260 km., catchment area-4188 sq km.), Mahananda (Length-376 km, catchment area -6150 sq km.), Burhigandak (Length-320 km, catchment area-9601 sq km.), Punpun (Length-235 km, catchment area-9026 sq km.), Bagmati (Length-394 km, catchment area -6500 sq km.) and Sone (Length-202 km, catchment area-15820 sq km.). The seasonal rivers in the state are Badua (Length 130 km, catchment area 2215 sq km), Chandan (Length 118 km, catchment area 4093 sq km), Kiul Harohar (Catchment area 17225 sq km), Kamla Balan (120 km, catchment area 4488 sq km) etc. Besides there is huge chunk of land of Railways, Defence, National Highway, Tourism Department, Agriculture Department, Irrigation Department, Panchayati Raj, PWD, PHED, Industry Department, Minerals & Mining Department etc., which are managed by the respective department. The detailed statistics in this regard is not available. There is no unified system to have statistics of the land of these various departments, their status and encroachment of land. There is an urgent need to develop a unified system under Department of Revenue and Land Reforms to collect the statistics from each department and update the same on regular basis. 4.4.1.3 Institutional Structure for Management of Public Land All public lands are being managed through Bihar Government Estates (Khas Mahal) Manual, 1953, and Bihar Public Land Encroachment Act, 1950. Circulars are issued from State Government; time to time for proper use of government land. These are the safeguards of public land. In Bihar, there are competent authorities, with clearly assigned roles and responsibilities to manage public land. The record keepers of public land are halka karmchari in halka (sub-circle) level, which is the primary unit of land revenue administration, at the grass root level. Above the halka karmchari, there is supervisory officer called Circle Inspector on anchal/circle level. The Circle Inspectors monitor and supervise halka offices by visiting at least once in a fortnight. Anchal offices are headed by Circle Officers. In Bihar, under each Circle/Anchal office there are around 10-12 halkas. Under each halka there are nearly 6-10 villages. One Revenue Karmchari is posted in each halka. In Bihar there are 8463 halkas, among these, 4463 halka karmchari positions are vacant. It means that 52% post of halka karmchari is vacant. There are 534 Circles in Bihar to run revenue works. There is also a huge shortage of Circle Inspectors in these circles, as 65 positions are vacant. The circles come under the control of office of Deputy Collector Land Reforms (DCLR) which is located at sub-division level. ADM Land Reform/DM is the controlling authority of Deputy Collector Land Reforms (DCLR) at the district level. District Collector, as per requirement, can make a mini survey regarding Government land in its jurisdiction. The Major Operational Survey can only be conducted by government notification. Major problems associated with the institutional structure are shortage of staff and office building for halka karmcharis in Bihar. The halka karmcharis have to run their office in private building, due to which, they have to compromise the safety of the records, khatiayan and other registers. For better management, staff and infrastructure like office etc should be provided at halka level. Government has taken decisions to construct one additional room in each Gram Panchayat for the use of halka karmchari. 4.4.1.4 Transfer and Settlement of Public Land There is provision for transfer of public land and settlement of public land to the weaker sections and homeless persons of the state. The state Govt. has power to settle Public Land 78 such as Khas Mahal, Gairmazruha Khas/Malik, Gairmazruha Aam to the weaker sections of society like SC, ST, Backward, ex military persons etc. The Gram Sabha has been empowered for recommending and providing no objection in regards to the settlement of that land in its Jurisdiction. Gairmazruha Aam land can only be settled by Government on the recommendation of the concerned Gram-Panchayats. Thus Gairmazruha Aam is settled only by the State Government on recommendation of concerned Circle Officer/DCLR/SDO/DM/Divisional Commissioner, with the consent of Gram Sabha, whereas, the Gairmazruha Khas land is transferred and settled by SDO through recommendation of concerned Circle Officer. In this regard, it is to be noted that, Common property resources cannot be settled or transferred unless there is a change in the nature / uses of land and a formal assent by the gram sabha. The State Government has also taken a decision of not to settle public land within 8 kms radius of the urban area. 4.4.1.5 Distribution of Public Land to Landless The public land and land acquired under various schemes have been distributed to landless people of the state for meeting their livelihood and shelter requirement. The allotment of land to landless people has given them a sense of belonging and dignity as well as a source for livelihood. The land allotted to landless people as on 31st march, 2013 from various schemes are given in table. Table 4.4.2: Public land distributed to landless beneficiaries till 31st March, 2013 Type of land No. of Beneficiaries % of beneficiaries Bhoodan 2,92,616 Ceiling surplus 3,50,374 Gairmazruha Aam 43,710 Gairmazruha Khas/Malik 10,45,030 Basigat Parcha 5,80,214 Total no. of beneficiaries 23,11,944 Possession given 20,94,439 90.6 Mutation done 18,68,304 80.8 Rent fixation done 13,71,196 59.3 Enter in Jamabandi 19,13,561 82.8 (Source: Department of Revenue and Land Reforms, Govt. of Bihar) It appears from the above table that possession of the land has been given to 90.6% of the allottees. Mutation has been done in case of 80.8% of the total allottees, similarly rent fixation has been done only in case of 59.3% of the total allottees. Since the allotment of land is being made from the public land (government land), the allotment/ issue of parcha and mutation should go simultaneously. At the time of issue of parcha a copy should be sent to the Circle Officer/Karmchari concern for automatic mutation of the land. Similarly, steps should be initiated to give possession of the land to rest of the more than 2 lacs allottees. Out of these allotments of land the Department of Revenue and Land reforms, transfer and settle land to build houses to homeless families. Till December, 2013 505808 numbers of homeless families have been provided land to build their house. Detail is given below in table. Table 4.4.3: Transfer of Public Land for Homestead till December, 2013 Schemes Number of Beneficiaries/Families Bhoodan land 292616 Mahadalit Vikash Mission (First Phase) 185201 Mahadalit Vikash Mission (Second Phase) 27271 79 (Source: Department of Revenue and Land Reform, Government of Bihar) Although the land is allotted to landless people of the state, the major problem is giving them the possession and legal entitlement. Dispossession has been reported in number of cases. Nearly 1 lakh dispossession is reported in case of Bhoodan land. Tackling the issue of giving possession and restoring disposed land to the actual beneficiaries should be tackled through effective implementation of policy. 4.4.1.6 Encroachment of Public Land One of the very common problems of public land is that it gets encroached. It was observed that, the encroachers are locally influential and strong persons. To remove encroachment from the public land, Circle Officer issue notices to the concerned encroachers under Bihar Land Encroachment Act, 1956. A proceeding is initiated by the Circle Officer under the provision of Bihar Public Land Encroachment Act. After hearing, order is passed to remove the encroachment within stipulated time. In case of disobedience of order the encroachment is forcibly removed and cost of removal is charged and recovered from the encroacher. It is to be mentioned here that the Bihar Public Land Encroachment Act, 1956, has empowered Circle Officer and Collector to deal with these types of situations. In Bihar, initiative has already been taken to identify public land in urban areas and remove encroachment. The status of encroachment of public land in the state is given below in table. Table 4.4.4: Status of Encroachment of Public Land in the state as on 31st March, 2013 Area in Acres Urban Area Rural Area Total Encroached Land 1065 1398 Encroachment Removed 251.7 497.46 (Source: Department of Revenue and Land Reforms) To safeguard the public land proper vigil and co-ordination at the level of halka karmchari and local police station is required. 4.4.1.7 Acquisition of Private Land for Public Purpose The Bihar Government acquires land mainly for public purposes and establishment of industries. The private land after acquisition vested under government and is treated as public land. The Revenue and Land Reforms Department, Government of Bihar acquired 2683.62 acres of land in 2012-13 only for public purpose. In 2010-11 and 2011-12 also the acquisition of land has been made for public purposes. The acquired land for any public purpose gets transferred to the concerned agency for its use in a timely manner. After delivery of possession under the Land Acquisition Act, requisitioning bodies put the same in destined use. The Director of land acquisition, Bihar maintains information regarding the process of land acquisition. Under section 4 / 6 and 7 / 17 of the Land Acquisition Act, it has been advised to keep track district wise and requisitioning body wise, whether acquired land was put to destined use or not with a given time limit. 4.4.2 ASSESSMENT OF DIMENSIONS Assessment of Indicator 4.1: Identification of public land and clear management: public land ownership is clearly defined, effectively serves the public purpose, is inventoried, under clear management responsibilities, and relevant information is publicly accessible Dimension Criteria for public land ownership are Public land ownership is justified by provision of public goods and effectively and 4 1 1 clearly defined and assigned to the right A transparently managed at the appropriate level level of government. of government. 80 There is a complete recording of public Between 30% and 60% of public land is 4 1 2 C clearly identified on the ground and on maps. land. Information on public land is publicly All the information in the public land inventory is only available for a limited set of public 4 1 3 accessible. C property and there is little or no justification why records are not accessible. The management responsibility for The management responsibility for different different types of public land is types of public land is unambiguously assigned but this is not always consistent with objectives 4 1 4 unambiguously assigned. B of equity and efficiency or institutions are not always properly equipped so that sometimes these are not achieved. Responsible public institutions have There are significant constraints in the sufficient resources for their land financial and/or human resource capacity but 4 1 5 management responsibilities. C the system makes effective use of limited available resources, with limited impact on managing public land. All essential information on public land Key information for public land allocations allocations to private interests is publicly (the locality and area of the land allocations, 4 1 6 accessible. C the parties involved and the financial terms of the allocation) is recorded or partially recorded but is not publicly accessible. Analysis of Dimension 4.1.1: Assignment of Responsibility of Public Land Management In Bihar, the criteria for public land ownership are clearly defined and assigned to right level of Government. There is no scope for discretionary management. For example, Gairmazruha Aam land cannot be transferred to a Government department or settled with a private person or institution unless the nature of the land has changed (for example, the filling up of tank or a water channel in course of time) and unless the Gram Sabha records its concurrence to the aforesaid transfer. Approval is given by the Government itself except in the case of Mahadalit families to whom the power of allotting house-sites has been delegated to Divisional Commissioner. For the intradepartmental transfer of public lands including Gairmazruha Malik or Gairmazruha Khas lands the concurrence of the competent authority is a condition precedent. For the settlement of Gairmazruha Malik/Khas lands for residential purposes with eligible categories of raiyats, the Sub-Divisional Officer (SDO) is the competent authority. Public lands falling in the direct management of the Government, are governed as per the government policy of Khas Mahal land. The state government has not yet came up with any policy related to Gairmazruha Aam land in urban areas. For Gairmazruha Aam lands, falling in urban areas the government may identify a competent authority for issuing no objection, parallel to the gram sabha, that too where the nature of land has changed. Analysis of Dimension 4.1.2: Recording of Public Land There is complete recording of public land and demarcation on the spot, but due to absence of Revisional Survey and non-computerization of records, many records are in dilapidated condition. The complete record is based on Cadastral Survey, which is about 100 years old, and the Revisional Survey could not complete in all districts. Analysis of Dimension 4.1.3: Accessibility of Information on Public Land In Bihar information of public land is to some extent publicly accessible. The Director of Land Records and Survey, Government of Bihar has already placed land information pertaining to 9 districts in the website. It is already on the job to cover whole state in next couple of years. Data centers have been setup at a number of anchal levels where raiyats can access land information. Even otherwise, where data has not been placed on websites, 81 computerization of existing un-updated land records has been made with a wide ranging information base. All the anchal offices have got revenue record of villages falling in their respective jurisdiction. The same is maintained by halka karamachari. People can have access to land information through the halka karamchari in anchal offices. Due to lack of proper storage and record keeping facilities many records are in poor condition. Analysis of Dimension 4.1.4: Assignment of Responsibility of Public Land management In Bihar, there is no ambiguity in the management responsibility in different types of public lands. The primary unit of state revenue land management comes under circle office. The Circle Officer is mainly responsible for public land management in his jurisdiction, whereas, the Khas Mahal lands management comes under direct management of Collector. In this regard, it is to be noted that, Common property resources cannot be settled or transferred unless there is a change in the nature / uses of land and a formal assent by the gram sabha. The State Government has also taken a decision of not to settle public lands within 8 kms radius of the urban area. There is provision for transfer of public land and settlement of public land to the weaker sections and homeless persons of the state. Gairmazruha Aam is settled only by the State Government on recommendation of concerned Circle Officer/DCLR/SDO/DM/Divisional Commissioner, with the consent of Gram Sabha; whereas, the Gairmazruha khas lands are transferred and settled by SDO through recommendation of concerned Circle Officer. Bhoodan land is transferred through allotment of parcha by Bhoodan Yagna Committee. Though management responsibilities are unambiguously assigned, the institutes are suffering from huge manpower crunch, poor infrastructure and capacity gap. Analysis of Dimension 4.1.5: Resources for Management of Public Land In Bihar, though the responsibilities of management of public land are unambiguously assigned to the right level of government, but there are gaps in infrastructure, manpower and skill. Public offices at various levels are not suffering from financial resources. However, various public offices are suffering from shortage of manpower, infrastructure and capacity gap. Most of the departments are running at 50-60% of sanctioned strength. There is also data gap related to public land. Most of the Departments are not having the details of the land they possess and its condition, particularly encroachment. The need of the hour is for every department having public lands, to have a well staffed estate section with estate officer and an inventory of public lands owned and possessed by it. The estate officer shall be responsible for safeguarding property, prevent and remove encroachment, if any, as per law. Analysis of Dimension 4.1.6: Availability of Information related to Allocation of Public land Records are properly maintained in all cases of public lands assigned to eligible private individuals and institutions. The whole process is transparent. However, whole information of transfer of public land assigned to eligible private individual has not been placed on website. Assessment of Indicator 4.2: Justification and time-efficiency of acquisition processes: the state expropriates land only for overall public interest and this is done efficiently Dimension There is minimal transfer of acquired land to A Less than 10% of land acquired in 4 2 1 the past 3 years is used for private private interests. 82 purposes. Acquired land is transferred to destined use B Between 50% and 70% of the land in a timely manner. that has been acquired in the past 3 4 2 2 years has been transferred to its destined use. The threat of land acquisition does not lead B Some cases. 4 2 3 to pre-emptive action by private parties. Analysis of Dimension 4.2.1: Transfer of acquired land to Investor In Bihar, the lands are acquired mainly for public purposes. The lands are acquired mainly through Department of Revenue and Land Reforms and by Land Acquisition Officer and District Collector. The Revenue and Land Reforms Department, Government of Bihar acquired 2683.62 acres of land in 2012-13 only for public purposes. In 2010-11 and 2011-12 also the acquisition of land has been made for public purposes only. Land to private investors is being allotted by BIADA based on the clear and transparent criteria and process evolved by BIADA. The Industry Department transfer the acquired land to BIADA for construction of Industrial estates/Industrial Park. The percentage of land acquired for this purpose during last three years is less than 10% of the total land acquired. Under new land acquisition policy of Government of Bihar, the investors would have a reference pool of chunk of land to acquire them for ventures. Analysis of Dimension 4.2.2: Timeliness of Transferring Acquired Land for Destined Use After delivery of possession under the land acquisition act, requisitioning bodies put the same in destined use. The Director of land acquisition Bihar maintains information regarding the process of land acquisition. He is well advised to keep track of post delivery of possession, position of acquired lands vis-a-vis requisitioning bodies’ district wise. For instance, approval under section 4 / 6 and 7 / 17 of the Land Acquisition Act, they are well advised to keep track of acquired land district wise and requisitioning body wise. Analysis of Dimension 4.2.3: Pre-emptive action by private parties before Land Acquisition There is no denying the fact that manipulated sale deed tends to hike land price on the eve of land acquisition process. The sole safe guard is that the governing rate should be what prevails on the date of notification under section 4 of the Act. In cases where a project is executed phase wise and land is required at different point of time, the compensation paid in the first phase is lesser than the amount to be paid in subsequent phases. Consequently, there might be resentment from the people whose land was acquired in the first phase. They may resist execution and demand comparable compensation. The government has decided to pay the same value for the same class of land in the same project irrespective of number of villages and differences in the MVRs. The highest rate will be given to the same class of land in another village which has lesser rate in that class of land. A high level committee at the district level is empowered to determine class / rate of land as per actual situation on the ground or the potential use in future. This has facilitated land acquisition process. Assessment of Indicator 4.3: Transparency and fairness of expropriation procedures: expropriation procedures are clear and transparent and fair compensation is paid expeditiously Dimension 83 Compensation is provided for the acquisition D No compensation is paid to those with 4 3 1 of all rights regardless of their recording unrecorded rights of use, occupancy or otherwise. status. Where people lose rights as a result of land Land use change resulting in selective loss of D 4 3 2 use change outside the acquisition process, rights there is compensated for. compensation is not paid. C Between 50% and 70% of acquired land 4 3 3 Acquired owners are compensated promptly. owners receive compensation within one year. B Independent avenues to lodge a complaint There are independent and accessible against acquisition exist but there are access 4 3 4 restrictions (i.e. only accessible by mid- avenues for appeal against acquisition. income and wealthy). B A first instance decision has been reached Timely decisions are made regarding for between 50% and 80% of the complaints 4 3 5 about acquisition lodged during the last 3 complaints about acquisition. years. Analysis of Dimension 4.3.1: Providing Compensation to Land Losers At the time of land acquisition, compensation is provided as per the recorded status of the raiyat only. So the people who have recorded ownership get compensated, not the people whose livelihood depend upon the land. Hopefully unrecorded interests of the persons whose livelihood is affected in the acquired area will be taken care of in the new legislation on land acquisition. It is a fact that the Land Acquisition Act, 1894 provided for compensation only to the actual land losers. Affected people outside the land acquisition process were not compensated. The Bihar Resettlement and Rehabilitation Policy, 2007 makes provision for displaced agricultural labourers. All such labourers who earn livelihood on acquired land for 1 to 3 years and have been rendered unemployed, will be given lumpsum minimum wages for 200 days and also be given job cards under prevalent national / state rural employment guarantee scheme. Analysis of Dimensions 4.3.2 & 4.3.3: Timeliness of Providing Compensation It is a fact that most of the land acquisitions for public purposes were made under the urgency clause, where not only the land acquisition process is shortened, and the payment of compensation is also expedited. Soon after the notification in section 7 / 17 of the Land Acquisition Act, 80 percent of the compensation is paid to the land losers. There is some bureaucratic dormancy that delays the balance payment of rest 20 percent. The same is paid only when entire estimate including structures, trees etc., is sanctioned by the competent authority. District Collector is competent to sanction estimates upto Rs. 50 lakhs, Divisional Commissioner upto Rs. 1.50 Crores and beyond that amount the Government comes into the picture. Although the actual data of delay in payment is not available, a sample survey with some authorities, it reveals that 50-70% of the land owners receive compensation within one year. Delay also incurs in interest payment. Hence speedy disposal from the point of cost effectiveness has been emphasized in various government circulars issued to District Collectors. The Revenue and Land Reforms Department circular no. 423 dated 21/02/2007 laid down time limit for various stages of land acquisition which are given below in table. Table 4.4.5: Time limit for various stages of land acquisition SI. Stage Period No. 84 1. Collection of data with regard to checking of proposal with map / RoR 45 days etc. 2. Publication of notification / award 15 days 3. Invitation of objections after publication of notification / award 30 days 4. Collection of objections 10 days 5. Disposal of objection 60 days 6. Preparation / approval and publication of award 15 days 7. Notice under section 9 15 days 8. Collection of objection and its disposal 30 days 9. Preparation of estimate / determination of value after local inspection 30 days under section 11 10. Approval of estimate 15 days 11. Preparation and publication of award 15 days Total 280 days The above mentioned instructions have been reiterated and web based monitoring has recently been started. District Land Acquisition Officer’s performances are reviewed every month and delays are accounted for. Further fine tuning has been done in circular no. 64 dated 14/01/2011 and 2025 dated 20/08/2013. The reasons for delay in payment of compensation lie in the following facts. 1. Reference to Civil Courts in multiple title cases under section 30 of the Land Acquisition Act 2. Existence of multiple jamabandis against the same plot number. 3. Absentee landholders who do not turn up. 4. Resistance to land acquisition Analysis of Dimension 4.3.4: Availability of accessible avenues for appeal against acquisition In Bihar there are independent and accessible avenues for appeal against land acquisition exist. References can be made by the Collector to a Civil Court under section 18 of the Act whenever amount of compensation is disputed. References can also be made to the Civil Court under section 30 in case of multiplicity of title. Similarly, the land loser can also appeal against the acquisition and compensation. But involvement of cost and time in the process of appeal affects the accessibility. Analysis of Dimension 4.3.5: Timeliness of decisions regarding complaints about acquisition In connection with the land acquisition in Bihar decisions are taken promptly regarding claims and objections etc. received with regard to land acquisition at the ground level itself, i.e, District Land Acquisition Officer. But no data is available in this regard to evaluate the situation exactly. 4.4.3 CONCLUSION Ever since the Cadastral Survey the public land has been identified and recorded. The records of rights prepared by Cadastral Survey clearly indicated raiyati, Govt. Land and Public Land by publishing final Khatiyan. In Bihar public lands have been categorised as (i) Gairmazruha-Khas/Malik, (ii) Gairmazruha Aam, (iii) Khas Mahal, (iv)Kaisera-hind (Central Govt. Land) along with (v) Ceiling Surplus land and (vi) Bhoodan Land. But one of the basic problems in Bihar is gap in implementation of revisional survey which could be completed fully in 12 districts, partially in 14 districts and could not be started in 12 districts resulting non updation of record. A significant portion of available records are quite old and 85 does not reflect ground reality. The basic uses for public land is providing basic amenities, used as village commons, leasing out for eligible families in the urban areas and transfer and settlement in favour of landless and housesiteless families for enhancement of livelihood opportunities and residential purpose. Though there is huge chunk of public land, under each category available in Bihar for these purposes, but it is found that a significant portion of these lands are not suitable for distribution. The reason behind the unsuitability and their scope for making them suitable are unknown as no specific survey in this regard is available. It is noteworthy that a large amount of public land has been transferred and settled by the state government in favour of weaker sections of society like SC, ST, Backward, ex military persons, etc. But this novel effort got hindered due to several problems like dispossession or threatened dispossession of the allottees. In addition to this a huge chunk of public land got encroached. Though there is state authority with clearly assigned responsibilities related to recording and management of public land, but all the layer of the administration suffer from lack of adequate infrastructure, manpower and skill gap. The government acquires land for public purposes. Though it has clear cut mechanism and machinery for land acquisition and transfer for its destined use as well as grievance redressal mechanism related to land acquisition and compensation, there are grievances that the government provides compensation to recorded raiyat only. The affected people, whose livelihood gets affected due to the acquisition process, remain outside the compensation process. 4.4.4 STRENGTHS 13. With the promulgation of the Bihar Special Survey and Settlement Act 2011, a legal platform has been created to conduct abridged survey and settlement, adopting modern technology. Government has adopted the policy to conduct aerial survey of land with modern technology to update land records in the state. One major output of the ongoing special survey will be a clear cut up-to-date textual data on public land. 14. Consolidation operation will be taken up afresh soon after the conclusion of the Special Survey in a given district as per the consolidation law itself. CPR is to be clearly delineated to which general public will have clear access for utilizing the same as per convention and for other purposes such as irrigation. 15. Bihar Khas Mahal Policy 2011 provides for stringent punitive measures against violators of lease deed conditions. It substitutes civil court by Divisional Commissioner for eviction of aforesaid violators, encroachers and other illegal occupant of violable public land in direct management of the Government. 16. 71.55% maps have already been digitized and maps of five districts have been placed on website for public use. 17. Government has recently decided to build Gram Panchayat Bhawan which will have the office of Halka Karamcharis also. 4.4.5 BEST PRACTICES 18. Khas Mahal Policy Khas Mahal land is a special category of public land located mainly in urban areas under the direct control of government. The government can lease out these lands for a period upto 30 years for residential, business and other purposes. Comprehensive Khas Mahal Policy and Manual have been developed for the administration of Khas Mahal Land in the state. The Bihar Khas Mahal Policy, 2011 provides for stringent punitive measures against violator of lease deed conditions. It also substitutes civil court by Divisional Commissioner for eviction of aforesaid violators, encroachers and other illegal occupant of violable public land in direct management of the Government. This has helped in initiating immediate punitive measures against the 86 violators and has ensured compliance of lease condition and controlled the encroachment. 19. Distribution of Homestead Land to Housesiteless To ensure equity in the society by provision of homestead land, about 5.05 lakh (Dec, 13) house-sites have been allotted to Mahadalit families from the land taken from Gairmazruha Aam, Gairmazruha Khas, and land purchased from raiyat to enable them to construct houses. Most of these lands are public land. Here also to empower the women and give them land rights majority of beneficiaries are women. 20. Restriction in Transfer of Common Property Resources The State is having a policy/ rules under which Common property resources cannot be settled or transferred unless there is a change in the nature / uses of land and a formal assent from the gram sabha. This policy has helped in protecting the common property resources. 21. Simplification in correcting RoR Earlier any wrong entry in survey records was challengeable only in Civil Court. This used to be long drawn process. With the passing of Bihar Land Dispute Resolution Act, 2009, a revenue functionary, ‘Deputy Collector Land Reforms’ can adjudicate cases pertaining to record of rights. Similarly, section 9 of the Mutation Act empowers the additional collector of a district to cancel illegal zamabandi. Thus, the BLDR Act and Mutation Act together have helped the raiyat/under-raiyat in getting land record corrected in cost effective and time effective manner. 22. Survey of Public Land in Urban Areas Public lands falling in municipal areas in district headquarters are extensively surveyed through a drive. Budgetary provision has been made to erect boundary walls to save these public lands from encroachment. 4.4.6 WEAKNESS 23. Public land security has been ignored at the grass root level. The public lands, falling in urban areas, have recently got a protective code, but in rural areas, there is steady depreciation of the CPR since independence. Public lands have been privatized in connivance with local bureaucracy. Cases are not filed despite legal provisions to that effect. Recourse is made hardly to section 9 of the Bihar Mutation Act for the cancellation of illegal Jamabandi. No recourse is made under rule 467 of the Bihar Settlement Manual 1959 for the cancellation of Khata fraudulently. There is no material on record to suggest how many cases of public land privatization have been filed in the Deputy Collector Land Reforms Court, as per the Bihar Land Dispute Resolution Act, 2009. 24. In the post- independence era, there is no denying the fact that a large quantum of public land were siphoned off by vested interests in collusion with the revisional survey authorities. No systematic probe was made into such privatization. Hardly any reports to revenue officer court under the Bihar Tenancy Act or Civil Courts in suitable cases was made by the authority to rectify the Act detrimental to public interest. Even Khasmahal land (land under the direct management of the government), especially in urban areas, were privatized during revisional surveys. 25. Though Special Survey and Settlement Act, 2011, have come into operation, there is no provision to safeguard the interest of under-raiyat for making entry, as such, in the record of rights. 26. Survey records / anchal records are not up to date, affecting the quality of Computerized Land Record (CLR) and Land Information System (LIS). 87 27. The records available with the Circle Officers are not in consonance with the field realities 28. It is very interesting to note that even pucca buildings have been constructed on public land on the river Falgu in Gaya. 29. Circle Officers are bound to safeguard / protect the public land, but in most of the cases, they do not take interest. It has been observed that, during survey operations or consolidation proceedings, they do not protest the claim made by claimants on the public land on frivolous or concocted grounds. 30. There is no office building for halka karmcharis in Bihar. The halka karmcharis have to run their office in private buildings, due to which, they have to compromise on safety of the record, khatiayan and other registers. 31. Large chunk of the Gairmazruha Malik, Gairmazruha Aam and Bhoodan Land is found unsuitable for distribution. 32. Large number of cases related to land ceiling are pending at various levels. 4.4.7. POLICY PRESCRIPTION 4.4.7.1 Short Term 1. Steps should be initiated to give possession of the land to more than 0.2 million beneficiaries who have already been allotted land under housesite policy for mahadalit family and other schemes. 2. All the public land, which has been distributed to the landless poor, should be physically verified to see whether the assignees are in possession of this land. If not, steps should be taken to give possession of those lands to the real assignees. 3. Evict encroachers from public land and bring the land back for public use by following due process of law. Resettlement / rehabilitation for genuine persons viz. Economically Weaker Section of the Society (EWS) may also be taken up simultaneously. 4. Get an inventory of all public land prepared and make it available for public scrutiny. There should be a unified system, under revenue department, to collect data from each department / district regarding the land under the concerned department and update the same on regular basis for its effective management. The need of the hour for every department having public land is to have an estate section with sufficient staff, estate officer and an inventory of public lands owned and possessed by it. The estate officer shall be responsible for safeguarding property, prevent and remove encroachment, if any, as per law. 5. Gairmazarhua Aam land should be used for public purpose only except for group housing purpose for EWS/Mahadalit. 4.4.7.2 Medium Term 1. Complete the ongoing special survey in all parts of the State by 31st March, 2016. Digitise record of rights and maps prepared on the basis of special survey. 2. Efforts should be made to bridge the gap between allotment of land and mutation. Since the allotment of land is made from the public land (government land), the allotment/ issue of ‘parcha’ and mutation should happen simultaneously. At the time of issue of ‘parcha’, its copy should be sent to the Circle Officer/Karmchari concern for automatic mutation of the land, creation of Jamabandi, and fixation of rent. After creation of jamabandi, the settlee should be informed. 3. There is a need to ascertain the reasons regarding the unsuitability of ceiling surplus land, Gairmazruha Malik, Gairmazruha Aam and bhoodan land, by launching special 88 survey. Strategy for developing these lands for making them suitable for distribution, wherever applicable, should also be planned. 4. New Khasmahal Policy has already been promulgated with respect to land in direct possession of government. Same is to be enforced in letter and spirit. 5. Process of confirmation of Bhoodan land should be expedited. ‘Dan Patra’ must be confirmed without any further delay. 6. Dan Patra (Gift letter) of some Boodan land is not available with LRDC or even in Bhoodan office. Records of 13 districts for Bhoodan land have been digitized. Digitization of records of the rest 25 districts should be taken up expeditiously. 7. In the course of the ongoing special survey, lower level revenue functionaries should be instructed to ensure recording of public land in the records of rights. As soon as the textual data on public land is generated, all out efforts should be made to trace public land which is privatized officially, prior to special survey. Following due process of law, public land settled, unauthorizedly, must come back to the public domain. It is noteworthy to point out that even during special survey operation the state has to be impleaded as a party in cases pertaining to public land. 4.4.7.3 Long Term 1. The state government has not yet come up with any policy related to Gairmazruha Aam land in urban areas. For Gairmazruha Aam land, falling in urban areas the government may identify a competent authority for issuing no objection, parallel to the gram sabha, that too wherever the nature of land has changed. 2. Enumerating public land in every National Sample Survey (NSS) should be made mandatory. 89 4.5. TRANSFER OF LARGE TRACTS OF LAND TO INVESTORS 4.5.1 INTRODUCTION The post-liberalisation era has ushered in new investment challenges and opportunities for various Indian states. The Government of Bihar has promulgated a series of regulations and policies to attract investment and invite more long-term, capital-intensive, high-tech projects in more sectors of the economy and hence reap the maximum benefit from pullovers of skills and expertise from corporate presence. 4.5.1.1 Changes in Policy Paradigm Every five year after the State Government adopts a new industrial policy, which is based upon the survey conducted in this regard as well as the consultations made with the different organizations and Industry Associations of Bihar. In view of the rapid changes in the Global Industrial Scenario, Bihar Industrial Incentive Policy, 2006 has been reviewed with an objective to attract domestic and foreign investment as well as revival and expansion of business operations of the existing industrial units by providing the right industrial ambience. Review of the policy and current scenario found that it is imperative that a new industrial incentive policy be prepared so as to promote balanced industrial development and enable industries to contribute towards the social and economic development of the State. The State Government has launched Bihar Industrial Incentive Policy in the year 2011 to accelerate the industrial development. The new Industrial Incentive Policy, 2011 has been prepared based on the suggestions and consultations with the main Industry Associations such as Bihar Industries Association, Bihar Chamber of Commerce, Confederation of Indian Industry, Bihar, Laghu Udyog Bharti, Hajipur Udyog Sangh etc. and other related organizations and concerned Government Departments. The industrial policies of different neighbouring States have also been considered in formulation of this policy. Under this policy, there are provisions for granting incentives such as 100% Exemption from Stamp Duty and Registration Fees during the pre-production phase, Capital Subsidy for industrial units, inclusion of Entry- Tax in the re-imbursement of 80% of VAT, incentive also to existing units for Captive Power Generation, Diesel Generating sets and subsidy on non-conventional sources of energy production, re-imbursement of expenses incurred on project reports, technical know-how fees, quality certification, electricity duty etc. 4.5.1.2 Land Acquisition in Bihar Land plays extremely critical role in the industrial development of a state. Government needs to acquire land and transfer it to public or private requisitioning body for industrial development. Land acquired by government for various Central / State Government’s Projects since the year 2005-2006 has been given in annexure 4.5.1 In regard to land acquisition and transfer to investor in the context of Bihar, the situation is typical because its land is arable, and land holdings of farmers are small. Given the ground situation, acquisition of land in Bihar is very difficult. The State Government devised a new method under the 'Aao Bihar' (Come to Bihar) call for investors. Under this policy, farmers either individually or in group, willing to sell their individual or collective chunk of land would have to submit the details to the District Magistrate (DM) concerned, who, in turn, would check the legal papers to ascertain that they are not disputed. The DM, , would then forward the verified details of the chunk of land to Bihar Industrial Area Development Authority (BIADA), which would put the details on its website showing the price quoted by the farmers concerned. The investors would then have a reference pool of chunks of land to acquire for their ventures. 90 4.5.1.3 Land Acquisition: Policy, Process and Compensation Compulsory land acquisition by the State for developmental purposes used to be conducted under the Land Acquisition Act of 1894. There were two types of land acquisition processes, namely ordinary process and emergent process. The Land Acquisition Act, 1894 has been replaced by the centre’s Land Acquisition, Rehabilitation and Resettlement Act, 2013 with effect from 1st January, 2014. The Bihar government has adopted this new land acquisition policy to prevent any confrontation with landowners and agriculturists in the state. The change in the land acquisition policy assumes significance in the wake of wide protest by landowners over acquisition of land in different parts of the country in general and Bihar in particular. Now the Government will not directly acquire land, instead will work as a facilitator between investors and landowners. This policy seeks to provide fair compensation to farmers around four times more than the market price, to be precise - while ensuring that no land can be acquired forcibly, has given a fillip to the Bihar’s farmers demand for uniform and better compensation for plots of land acquired by the government. Government’s view is that "one project one-rate" policy could not be implemented every time because government has to acquire land for the project sometimes at different times, by different notifications, over a period of time. Compensation was paid to the farmers on the basis of the location of their plots of land. Problems arise when compensation of land acquired in 2005 being paid as per the prices prevailing in 2013. The strategy of the State Government is to create a Land Bank which will play a vital role in the establishment of industry. Actions have been taken for establishment of Land Bank in view of the requirement of land for industries and for other development projects. As per the requirements of different industries and development scheme, land would be made available from the land bank in order to establish industries in the state, development of international level of basic infrastructure is necessary so as to attract more and more domestic and foreign investment. 4.5.1.4 Transfer of Land to Investors and Bihar Industrial Area Development Authority (BIADA) BIADA was constituted under the statutory provision of the Bihar Industrial Area Development Act 1974 to promote balanced industrial growth and ensure fruitful contribution of industry in social and economic development of the State. BIADA plays crucial role in transferring land to investor. As land after acquisition is transferred to BIADA, then BIADA allots land to eligible investors based on several criteria like economic, socio- cultural and environmental impacts. BIADA earmarks plots for various types of investments. The details of Land Allotted / Land Rates & Position of Vacant Land Details in Industrial Area as on 30.11.2013 have been given in the annexure 4.5.2. Details of Industrial Plots allotted to private investor till 31.03.2014 is given in annexure 4.5.3. Number of industrial plot allotted during last three years in Bihar is given in annexure 4.5.4. Application Status for allotment of land on 31.10.2013 with Bihar Industrial Area Development Authority is given in annexure 4.5.5. There is clear system of transferring land by the Bihar Industrial Area Development Authority (BIADA) to the private investors and the process is clearly identified. The process of land allotment is available on the Government website as well as in BIADA office. The institutions involved in this have the powers to allot the land in prescribed manner and they have capacity, including resources, for field verification and strong incentives in ensuring socially beneficial outcome but processes are complex and exhaustive for the investors. 91 The State Government is now planning to survey the barren and uncultivable land, waste land, undulating land, land not fit for agriculture through GIS mapping for acquisition purpose. This will help in increasing the productive use of waste land and give gain to land losers. State Government is hopeful that by this process, the public protests will be minimal and the land losers will be happy as well. 4.5.2 ASSESSMENT OF DIMENSION Assessment of Indicator 5.1: Transfer of public land to private use follows a clear, transparent, and competitive process and payments are collected and audited (with the exception of transfers to improve equity such as land distribution and land for social housing). Dimension Public land transactions are conducted in The share of public land disposed of in the past 3 an open transparent manner years through sale or lease through public auction or 5 1 1 B open tender process is between 70% and 90%. (Except for equity transfers). Payments for public leases are collected More than 90% of the total agreed payments are 5 1 2 A collected from private parties on the lease of public land. Public land is transacted at market prices All types of public land are generally divested at 5 1 3 unless guided by equity objectives A market prices in a transparent process irrespective of the investor’s status (e.g. domestic or foreign). The public captures benefits arising from Mechanisms to allow the public to capture 5 1 4 changes in permitted land use. D significant share of the gains from changing land use are not used. Policy to improve equity in asset access No policy in place to improve access to and 5 1 5 and use by the poor exists, is implemented D productive use of assets by poor and marginalized effectively and monitored groups. Analysis of Dimension 5.1.1: Transaction of Public Land The public land is mainly transferred for equity considerations. Except for equity transfers, no public lands have been transferred during the past three years by lease or through public auctions. Only renewal of leases of khas mahal land has been made for limited private use during last three years. BIADA transfers the industrial plot (which can be considered as public land) for private use, and is transacted at market price, i.e the cost of land acquired, plus 10% administrative charges and land development cost, irrespective of investor’s status. The transfer is done in a transparent process irrespective of investor’s status. There is provision for transfer of public land and settlement of public land to the weaker sections and homeless persons of the state. The state Govt. has power to settle public lands such as Gairmazruha Khas/Malik, Gairmazruha Aam to the weaker sections of society like SC, ST, Backward, ex military persons etc. The Gram Sabha has been empowered for recommending and providing no objection with regard to the settlement of that land in its jurisdiction. Gairmazruha Aam land can only be settled by Government on the recommendation of the concerned Gram-Panchayats, provided its nature has changed. The lone exception in this regard is the power of the Divisional Commissioner concerned to settle Gairmazruha Aam lands with house-siteless mahadalit families. This power has recently been delegated to the Divisional Commissioners by the State Government. Thus Gairmazruha Aam lands are settled only by the State Government on recommendation of concerned Circle Officers/DCLR/SDO/DM/Divisional Commissioner, with the consent of Gram Sabha. The Gairmazruha khas lands are transferred and settled by SDO for residential purposes for weaker sections through recommendation of concerned Circle Officer. The State Government has also taken a decision not to settle public lands within 8 kms radius of the urban area. 92 Private land is acquired by government, for transferring them to various government departments/requisitioning authorities for public purposes including for industrial estates/industrial areas. BIADA transfers the land to private investors for private use/public purpose. The details of land acquisition is publicised in local newspapers and the information about the land sought by competent authority. Process and procedure for transfer of land to private investors, by BIADA has been uploaded in the website of BIADA. The process and procedure of transfer of land by BIADA is fair, clear and transparent. All lands are transferred by BIADA in an open process. But the transfer of khas mahal land is cumbersome. Analysis of Dimension 5.1.2: Collection of Payment from Public Land Leases There is a system of advance payment in all Government transactions and is implemented strictly. In case of transfer of industrial plot by BIADA, if the allottee desires, it can pay the cost of land in one instalment or in 8 instalments. The initial payment (1st instalment) shall be 30% of the total cost + maintenance charges + one time service charges + demarcation charge of Rs. 1000/- within 15 days of issuance of the allotment letter along with bond. Balance instalments with 5% interest are to be paid in seven (7) equal annual instalments. Balance instalments will be due on the same date in subsequent years. In case of default, penal interest, at the rate of 2% is also charged. Threat of cancellation of lease exists in case of non-payment / undue delay in payment. Due to this, the lease payment collected is more than 90% of the estimated amount. Schedule of activity and time framework for payment of money is given in annexure 4.5.6. Analysis of Dimension 5.1.3: Equity objectives and Transaction of Public Land at Market Prices In Bihar the public land is mainly transferred for equity considerations. BIADA, based on application, transfers the industrial plot (which can be considered as public land) for private use, and is transacted at market price, i.e the cost of land acquired, plus 10% administrative charges and land development cost, irrespective of investor’s status. The transfer is done in a transparent process irrespective of investor’s status. Analysis of Dimension 5.1.4: Capturing benefits arising from changes in permitted land use by people In Bihar there is no system of sharing benefits arising from changes in permitted land use with the people. However, the people around derive benefits by way of labour employment due to increase in demand of labour by the industries. The value of the land in and around the industrial set up also increases. Demand for more houses as shelter for the employees and other workers has increased. Development in business activities particularly in non-farm sector and improvement of civil amenities like road, transport, electricity and water supply were also observed due to change in land use which benefitted the local people. There is lack of third party monitoring in this regard. Analysis of Dimension 5.1.5: Policy to improve equity in asset access and use by the poor There is no provision in the policy to improve equity in asset in Bihar, though they are being taken care of by other means. There is no such provision in policy to improve equity in asset access and use by the poor in industrial area. However, Project Clearance Committee (PCC) of BIADA takes care of the interest of marginalised community and small size plots are being allotted to them. For equity purpose, the government has different types of schemes viz. Provision of homestead land, slum policy, distribution of ceiling surplus land, distribution of bhoodan land, Gaurmazarhua Aam and Gairmazarhua Khas land to the economically weaker sections of society for equity purpose. 93 The State Government is planning to earmark 10% of the industrial plot to the weaker sections of the society. Assessment of Indicator 5.2: Private investment strategy Dimension Land to be made available to investors is B A policy to identify land that can be made available to identified transparently and publicly, in investors exists, based on ad hoc assessment of land 5 2 1 agreement with right holders available to potential but with community consultation and investors, in agreement with land rights agreement, and is applied in more than 90% of identified cases. holders. Investments are selected based on B Process is in place that considers only national 5 2 2 economic, socio-cultural and environmental benefits, but that is adhered to. No local benefit impacts in an open process sharing in place B Institutions to make decisions are clearly identified Public institutions transferring land to and have the necessary capacity (incl. resources for 5 2 3 investors are clearly identified and regularly field verification) and strong incentives in ensuring audited socially beneficial outcomes but processes may be complex and difficult for investors. Public bodies transferring land to investors A A policy is in place for effective inter-ministerial and share information and coordinate to coordination to ensure that decisions on land use and 5 2 4 land rights are well coordinated across sectors, and is minimize and resolve overlaps (including sub-soil). applied effectively. Compliance with contractual obligations is C Monitoring of compliance is limited or only part of 5 2 5 regularly monitored and remedial action the results accessible to the public taken if needed. Safeguards effectively reduce the risk of B Substantive application of safeguards (EIA, SIA, etc.) 5 2 6 negative effects from large scale land- is in line with global best practice but only part of the related investments.. information is disclosed. The scope for resettlement is clearly C Resettlement policy exists, but is only in part of the 5 2 7 circumscribed and procedures exist to deal cases applied. with it in line with best practice. Analysis of Dimension 5.2.1: Transparent Process of Identification and Transfer of Land to Investor Land for Industrial Area / Estate has been identified transparently and publicly in agreement with right holders. At the time of acquisition of land, the state government issues public notice mentioning details of land through local newspaper. Objections are also invited from the land owners and affected people under Land Acquisition Act and there is clear and transparent system of hearing objections. As per new policy in the state, the government is working as facilitator between the land owners and investors. The details of land and price quoted by willing owners are uploaded on website of the district after due verification which acts as resource pool for investors to choose. There is a new initiative by the government named as “Ayo Bihar” to promote new industries, where state government works as facilitator for industrialisation. Analysis of Dimension 5.2.2: Criteria for Selecting Investment In Bihar the system of selection of investments is based on economic, socio-cultural and environmental impact of the industry but it is but not conducted in open process. However, BIADA earmarks plots for various types of investments. The process considers mainly national benefits. No local benefit sharing system is available. This system requires further strengthening and regular monitoring. The total plots available to BIADA in an industrial area are demarcated in various categories, which are as under: Size upto 0.25 Acres 94 Size larger than 0.25 acres upto 0.50 acres Size larger than 0.50 acres upto 1.00 acre Size larger than 1.00 acres upto 2.00 acres Size larger than 2.00 acres upto 5.00 acres Size larger than 5.00 acres The plots are demarcated so that at least, 1. 20% of the available land will be divided in plots measuring an area of 0.25 acre of less than that, and 2. 20% of the available land would be divided in plots having area of more than 2 acres. 3. Balance 60% of the available land may be divided in different sizes of plots as per demand / requirement of the entrepreneurs as may be decided by the Board of Directors from time to time. But the plots are earmarked for various types of investments in an open process. At present the following activities are eligible for allotment of industrial plot: 1. Manufacturing / Processing (including data processing) 2. IT Park including ITES / Industrial Park 3. Common Logistical Facility 4. Industry related training centers, viz. ITI/ ITC / Skill development centers. Analysis of Dimension 5.2.3: Institute for Transferring Land to Investor In Bihar, BIADA is the main authority for transferring land to private investors. Other government departments do not transfer land to private investors. Industry Department acquires land through department of Revenue and land Reforms and then transfer to BIADA. Again, transfer of khas mahal lands are being done through District Collector. So BIADA, as the institution to make decisions regarding transfer of land, is clearly identified and has the necessary capacity (incl. resources for field verification). The institution has strong incentives to ensure socially beneficial outcomes. The processes of measurement of socially beneficial outcomes may be complex and difficult. There is an effective system of transferring land to investors by BIADA and it is clearly identified. In BIADA, audit is conducted on regular basis. Analysis of Dimension 5.2.4: Sharing of Information related to Land Transfer In Bihar there is a policy in place for effective inter-departmental coordination to ensure that decisions on land use and related issues are well coordinated across sectors. The State Investment Promotion Board has been constituted under the chairmanship of Development Commissioner to ensure such coordination. Analysis of Dimension 5.2.5: Monitoring of Contractual Obligations BIADA, as the nodal agency, monitors the clauses mentioned in the agreement and collect the rent, monitor the status of functioning of the industry. If the firm becomes sick and does not revive after repeated follow ups then BIADA cancels the contract and auctions the plot. Though the system of compliance with the contractual obligations exists, no third party monitoring has been conducted as yet and only part of the results are accessible to the public. Remedial actions are not being taken in timely manner. Analysis of Dimension 5.2.6: Safeguards related to large scale land-related investments Safeguards, such as Environmental Impact Assessment and Social Impact Assessment, are in place related to large scale land related investment to rule out negative effects of the industry. Environmental Impact Assessment is mandatory for an industry after reaching certain stage of development. But it is to be noted that the implementation of social impact assessment is deficient. 95 Under new Land Acquisition Act, 2013, the State Government has set up social Impact Assessment Unit in which professional institutions have been made the team members. Safeguard to investors, in order to reduce the risk of negative effects from large scale land- related investments, is difficult to implement due to varieties of problems like court cases/public protest etc. However there is an incentive policy for the investors under industrial promotion schemes to attract investors in the state. Analysis of Dimension 5.2.7: Scope for Resettlement The scope for resettlement is clearly circumscribed and procedures exist to deal with it in line with best practice but it is not implemented in pious manner. In other words, it can be said that the process of resettlement is lengthy and exhaustive. Undue delay in resettlement was also observed in this regard. Assessment of Indicator 5.3: Policy implementation is effective consistent and transparent and involves local stakeholders Dimension Investors provide sufficient information to B Investors' business plans (application materials) allow rigorous evaluation of proposed require some evidence of technical viability, 5 3 1 investments. community consultation, and availability of resources but this is only sufficient to identify project risk ex ante. Approval of investment plans follows a B All investment application related documents are reviewed according to a uniform process and 5 3 2 clear process with reasonable timelines. receive a response within 6 months of date of submission Right holders and investors negotiate C Those holding rights to land with potential for freely and directly with full access to investment have incentives to properly negotiate 5 3 3 relevant information. but their rights are unclear or opportunities to obtain relevant information or assistance do not exist. Contractual provisions regarding benefit D The majority of contractual arrangements do not 5 3 4 include information on benefit sharing sharing are publicly disclosed. Analysis of Dimension 5.3.1: Evaluation of Investment Proposal based on Information Provided by Investor The Managing Director, BIADA, conducts pre-screening of the applications received for allotment of industrial land in accordance with the guidelines. A preliminary scrutiny is made on the following criteria and weightage for each category: - Pre-qualifying criteria Net worth of investor – should be at least 20% of the proposed investment. Ranking criteria Investment size – 30% Investment labour ratio – 30% Thrust area – 10% Experience of the investor – 10% & to be raised to 20% as per below Use of eco-friendly technology – 10% Date of application of the investor – 10% The Board of Directors of BIADA decides on the weightage to be given for a particular range to each of the ranking criteria as defined above. Uniformity on minimum cut off marks may be decided by Project Clearing Committee (PCC) and the same is communicated to the applications before preparation of a ranking list. If the number of eligible applications is more than number of available plots in that category, the PCC decides the allotments by draw of lots amongst maximum of five times of the 96 number of plots, in that category. The draw of lottery is being held by PCC, on a pre- announced date on which the applicants are requested to be present. Analysis of Dimension 5.3.2: Process of Approval of Investment Plan PCC scrutinizes applications by face-to-face interactions with the applicants on the criteria of experience of the investors, source of financing, viability of project, employment potential etc. PCC decides on allotment of land or rejection of application(s) on the basis of satisfaction reached during personal interaction at PCC meeting in presence of all the members. After the decision of land allotment, the applicant has to submit Affidavit. Allotment Letter in prescribed format is finally issued after this. On payment of cost, the entrepreneur is handed over possession of land and unit should have to start production in accordance with the conditions of land allotment and subsequently, lease deed shall be executed. In case of non-allotment the security money is refundable by account payee Cheque. In this regard, the appellate authority for dispute resolution is Industrial Development Commissioner, Bihar, and Patna. So there is a system of approving of investment plans. This follows a clear process with reasonable timelines. All investment application related documents are reviewed according to a uniform process and receive a response within 6 months of date of submission Analysis of Dimension 5.3.3: Process of Negotiation between Right Holders and Investors The non-availability of updated land records emerged as challenges for transfer of lands in Bihar. There was no system to negotiate freely and directly among the right holders and investors with full access to relevant information earlier. Sliding scale for deciding minimum compensation of land is given in annexure 4.5.7 In new policy government is acting as facilitator. The land owners and investors have started negotiation freely and directly but without much relevant information. Those holding rights to land with potential for investment have incentives to properly negotiate but their rights are unclear due to obsolete record of rights. As the right of under raiyats and share croppers are not recognised and surveyed properly, these act as obstacles. Analysis of Dimension 5.3.4: Contractual provisions regarding benefit sharing There is no system of disclosing the contractual provisions regarding benefit sharing. Contractual provisions are also not publicly displayed. Assessment of Indicator 5.4: Contracts are made public, easily accessible and agreements are monitored and enforced Dimension Information on spatial extent and duration C Spatial information and temporal information is available to relevant 5 4 1 of approved concessions is publicly government institutions but not accessible available. on a routine basis by private parties. Compliance with safeguards on C There is little third-party monitoring of concessions is monitored and enforced investors' compliance with safeguards and 5 4 2 effectively and consistently. mechanisms to quickly and effectively ensure adherence are difficult to access for affected communities. Avenues to deal with non-compliance exist D There is little third-party monitoring of and obtain timely and fair decisions. investors' compliance with contractual 5 4 3 provisions and mechanisms to quickly and effectively reach arbitration are virtually non-existent. Analysis of Dimension 5.4.1: Availability of Information on spatial extent and duration of approved concessions 97 It is to be noted in this regard that, comprehensive and consolidated information on spatial extent and duration of concessions/leases is not readily available at one place. Different departments rely on different sources of information. The information on spatial extent and duration of approved concessions are not publicly available. Analysis of Dimension 5.4.2: Monitoring of Compliance with safeguards on concession There is little third-party monitoring of investors' compliance with safeguards and mechanisms for quickly and effectively ensure adherence. Under new Land Acquisition Act, 2013 the state government has set up a Social Impact Assessment unit which can monitor the investor compliance with safeguards and ensure its adherence. Analysis of Dimension 5.4.3: Avenues to deal with non-compliance There are avenues available to deal with non-compliance and obtain timely and fair decisions. However, it is not being implemented in an effective manner rather it is a difficult task for the authority / investors to implement it in time. Many cases for noncompliance are pending in courts. Currently 371 industries have been closed. There is little third party monitoring till now. Under the new Land Acquisition Act, the state government has set up a Social Impact Assessment unit which can monitor the investor compliance with safeguards and ensure its adherence. Mechanism to quickly reach arbitration, are virtually non-existent. But an Authority has been provided under the new Land Acquisition Act. 4.5.3 CONCLUSION In Bihar there is change in policy related to industrialisation to attract more and more industrial investment in the state by providing a number of benefits and exemptions. The land issue is always a crucial for large scale investment in Bihar as in the state the lands are arable, and land holdings of farmers are small. The State Government has to go for land acquisition for large scale investments. Land acquisition, now, being conducted under guidance of new Land Acquisition, Rehabilitation and Resettlement Act, 2013, which came into effect from 1st January, 2014. The change in the land acquisition policy assumes significance in the wake of wide protest by landowners over acquisition of land in different parts of the country in general and Bihar in particular. The land acquisition is mainly implemented through the District Land Acquisition Officer and District Magistrate. In Bihar, most of the lands acquired in last seven years are for public purposes only. BIADA plays a crucial role regarding transfer of land to investor. For transferring land to private investor and requisitioning body, BIADA follows a clear and identified process which is transparent and based on pre-fixed criteria. Each investor’s application is evaluated through predetermined criteria and based on the information provided by the investors. This transfer is transacted at the market prices, which is paid by the investor through one or multiple instalments. BIADA also monitors the process of maintaining contractual obligation and non-performing and default firms are penalised or their plot is auctioned. The main concern over the current scenario is that the there is no formal procedure to share with local people, the benefits arising from change in land use pattern as well as there is no provision in the policy to improve equity in asset. There is also no system of disclosing the contractual provisions regarding benefit sharing. 1. STRENGTH 1. Adopting services standard with time line, authority and appellate authority in BIADA for allotment of land. The time line in providing services is strictly adhered to. The mechanism is widely publicised which is transparent and clear for all concerned. 2. Clear and transparent process and procedure to transfer land for industrial development by BIADA has been developed and put in practice. The process and 98 procedures have been uploaded on the website of BIADA. The terms and conditions of transfers, availability of plots, market rates etc., in various industrial areas, are also available on website. 3. Creating pool of landowners willing to sell their lands for public purposes at their own desired rate in each district and uploading them after verifications by DM, on the website for the information of investors. 1. BEST PRACTICES 4. To ensure equity in the society by provision of homestead land, about 5.05 lakh (Dec, 13) house-sites have been allotted to Mahadalit families from the land taken from Gairmazruha Aam, Gairmazruha Khas, and land purchased from raiyat to enable them to construct houses. Most of these lands are public land. Here also to empower the women and give them land rights majority of beneficiaries are women. 5. The State has policy/ rules under which Common property resources cannot be settled or transferred unless there is a change in the nature / uses of land and a formal assent from the gram sabha. This policy has helped in protecting the common property resources. 6. Earlier any wrong entry in survey records was challengeable only in Civil Court. This used to be long drawn process. With the passing of Bihar Land Dispute Resolution Act, 2009, a revenue functionary, ‘Deputy Collector Land Reforms’ can adjudicate cases pertaining to record of rights. Similarly, section 9 of the Mutation Act empowers the additional collector of a district to cancel illegal zamabandi. Thus, the BLDR Act and Mutation Act together have helped the raiyat/under-raiyat in getting land record corrected in cost effective and time effective manner. 1. Public lands falling in municipal areas in district headquarters are extensively surveyed through a drive. Budgetary provision has been made to erect boundary walls to save these public lands from encroachment. 4.5.5 WEAKNESS 2. Cumbersome process of general land acquisition. 3. A large number of Investors are waiting for land allotment to start industry. 4. Difficulty in identifying the actual title holder obstructs the process of land acquisition and compensation. 5. 422 industries in industrial areas are reported to be closed. No action has been taken to rehabilitate them or seize their plot as mentioned in their letter of allotment. 6. Payment of compensation for land acquired under the Land Acquisition Act and National Highways Authority Act are delayed, leading to litigation and delay in completion of projects. 4.5.6 POLICY RECOMMENDATION 4.5.6.1 Short Term 1. Institutionalize a coordination mechanism among all departments to expedite approvals. Inter – institutional coordination system with all related departments, such as land records, land acquisition. Industries Deptt, BIADA, District Collector, Land Acquisition Committee and MVR committee may be constituted at district level to strengthen and avoid any problems and monitor the activity as a team. 2. Ensure stakeholder participation in the process of large scale transfers of public land. 3. Provide for third party monitoring to ensure compliance of contractual obligations by investor. Third party Evaluation of the benefits gained by the society due to land use change and compliance of the contractual obligations, by the large scale investors, should be planned and conducted. 4.5.6.2 Medium Term 99 1. Waste land / barren and uncultivable land / hill lock may be utilized for mining, quarrying and industrial uses. Only such land should be acquired for industrial purpose. 2. Develop a system of public interface between the investor and the administration to sort out problems coming in the way of allotment of plots for undertaking industrial activities. Problem resolving system need to be put in place in each district as well as at the state level. 3. Developing infrastructure in the industrial area / growth centre to enable the investor to start the project quickly. 4. Finalize and enforce a rehabilitation and resettlement policy to mitigate hardships. 4.5.6.3 Long term 1. Actual implementation of the rehabilitation policy for closed / sick industries in the industrial area. 2. Strategy should be developed for standardization of MVR based on objective criteria. The objection received with regard to fixation of MVR should be considered. Average minimum and maximum sale value of a particular mauza should be taken up to determine MVR, instead of taking the highest sale value of mauza. 100 4.6. PUBLIC PROVISION OF LAND INFORMATION – REGISTRY AND CADASTRE 4.6.1 INTRODUCTION The land record is an important instrument to ensure right of the tenure holder. In Bihar the record of right first created through Cadastral Survey conducted more than 100 years ago. After that though revisional survey operation started in the decade of 1960s, it was not successful in creation of record of rights as it covers only a portion of the state, in a large number of districts it could not be started, even in some of the district it started but did not complete. The present chapter shall delineate public provision of land information and the status of registration in Bihar. 4.6.1.1 Records of Rights To regularize the status of raiyats, Bihar Tenancy Act, 1885 provides ‘record of rights’ vide sections 101-115 and made provisions for survey of the land. On behalf of this Act, Cadastral Survey was conducted in Bihar during 1892-1922 in the whole state and finally the Cadastral Khatiyan was published then. The scale of map was 16” = 1 mile and in certain cases the scale was 32”= 1 mile also. The Cadastral Khatiyan finally provided the right of the records of a raiyat and establish right and possession of a person on the occupant land. There are 1,06000 maps in Bihar (Cadastral Survey Map-62000, Revisional Survey map-44000), out of which 72716 nos. of maps have been scanned and digitized. The detail of progress of digitisation has been given in following table: Table 4.6.1: Details of digitization of cadastral survey maps as on 30th June, 2014 Total Available Digitisation done Cadastral Survey 62,000 61,731 61,006 (99.57) (98.83) Revisional Survey 44,000 39,895 11,710 (90.67) (29.35) Total 1,06,000 1,01,626 72,716 (95.87) (71.55) (Source: Revenue and Land Reforms Department, Government of Bihar) Figure in bracket indicate percentage. About 4374 numbers of maps are either damaged or not available. Department is making arrangement to procure a copy of these maps from the concerned Circle Office/Sub-divisional office. Maps of five districts viz. Bhabua, Buxar, Bhojpur, Patna, Nalanda have put on website for public use. 71.55% of maps have already been digitized. Government is making effort to complete 100% digitization of maps by December, 2014 and placing them on website. Cadastral maps and records presently account for all the parcels, areas and tenancy details. Up to date records of right is essential for raiyats as well as government for necessary policy decision and dispute resolution. Revisional survey was started in the state in 1956. The following table will amply clarify the progress of revisional survey operation in Bihar – Table 4.6.2: Progress of revisional survey Revisional survey completed Revisional survey partly Revisional survey not ( 12 districts) completed taken up (14 districts) (12 districts) 101 Purnea, Katihar, Kishanganj, Saharsha, Supaul, Madhepura, Nalanda, Munger, Jamui, Araria, Muzaffarpur, Vaishali, Darbhanga, Madhubani, Lakhisarai, Sheikhpura, Sitamarhi, Sheohar, Bhojpur, Samastipur, Bhagalpur, Banka, Khagaria, Begusarai, Buxar, Kaimur, Rohtash Gaya, Nawada, Jehanabad, Chapra, Siwan, Gopalganj, Arwal, Aurangabad, Patna East-Champaran, West Champaran Revisional survey in the above districts could not be completed due to shortage of adequate trained man power, lack of technology, lack of resources, and non updating of land records. Old records and old maps in these districts are the basis of ensuring right on land. This has become a major reason for disputes over land. Modern surveys have also been started through aerial photography in 13 districts namely Nalanda, Saran, Bhagalpur, Munger, Sheikpura, Begusarai, Lakhisarai, Khagaria, Siwan, Motihari, Purnea and Katihar. Aerial photography has been completed in 7696 villages. Data processing has been started for 2033 revenue villages. Khanapuri has been completed in 237 villages and the map has been published for one village. The exact number of record of rights is not available in the states. However, the number of Kheshra was 2,98,50,807 in 32 districts of Bihar (urban and rural). There is no bifurcation of the rural and urban RoR. The total number of Kheshra for Arwal, Sheohar, Muzaffarpur, Nawada, Kaimur and Supaul are not readily available. The total number of villages in Bihar is 45,769 out of which computer data entry has been made for 32616 villages. Verification of computerized data has been done in case of 28,140 villages. Updating of data has been done in case of 3256 villages and Kheshra panjis have been prepared for 3445 villages. The record of rights was prepared in a number of stages i.e. 3. Khanapuri Bujharat, 4. Attestation, 5. Draft Publication 6. Hearing of objections 7. Collection of record of rights on the basis of decision of hearing of objections, 8. Final publication of record of rights 9. Inviting application for correction of mistakes, if any, in the final published record of rights. At each step, there is a need for active participation of people and government officials to make the record error free. The computerized data for these villages are accessible on the website. Due to absence of electronic linkage, the updated data becomes outdated again. Presently there is no system to ensure that updated data are not outdated again. 4.6.1.2 Recognition of Rights Bihar Tenancy Act, 1885 provides the occupant of the land possession holder as an Occupancy Right on that land and he is declared a raiyat of this land. The Bihar Privileged Person Homestead Tenancy Act, 1947, which came into force on 18th February 1948, provides right to homeless privileged persons occupying a piece of land for homestead. Privileged person means, a person who is not proprietor or tenure holder and who holds no other land other than homestead land occupied by him and which does not exceed one acre. But, it is applicable only in rural areas. Circle Officers of the Department of Revenue and Land Reforms are Collectors under this Act and they issue Basgit Parcha to privileged persons for homestead land. In Bihar, Government land such as gaurmazarwa malik, gaurmazarwa aam are also settled to the weaker section of the society such as Mahadalit, Backward class, etc. After settlement of such land, the beneficiary gets tenancy right on such land. But some restrictions were made for the transfer of the land. 102 Transfer of land from one person to another by sale deed acquires a title in the land. The right of the land is decided by sale deed, occupancy, inheritance, settlement, transfer and khatiyan. When a person does not possess any documentary evidence of his possession on a piece of land then his occupancy right is determined by the local revenue officer on the basis of findings of spot verification. As a matter of fact, peaceful possession on land, its validation by spot verification creates occupancy right on it. By means of Bihar Tenancy Act, 1885 under section 49(C), Chapter VIIA some restrictions over the tenants’ right have been created, protecting their land in the case of scheduled tribes, scheduled castes and backward classes. There is some restriction on transfer of tenant’s right. No transfer of right on tenure, holding, tenancy by private sale, gift, will, mortgage, lease or any contract or agreement shall be valid to any extent. But the Patna High Court in Bhager in Thakur Vs Kewal Singh reported in BLJR 1969 page 134, rules that the restrictions imposed by section 49 (c) is only applicable to the members of scheduled tribes. 4.6.1.3 Land Registration Registration of land has been made mandatory since 1864. To facilitate the process of registration in the state of Bihar there are District Registration Offices in all the District Head Quarter and also sub-registry offices. There are 38 District Registration offices and 83 sub- registry offices in Bihar. Registration fee, Stamp duty, landlord fee, process fee and service charge are payable at the Registry/Sub-Registry Offices for the transfer of land. Registration fee for registry of the land has been prescribed by the Registration Act, 1908, the stamp duty has been determined by the Indian Stamp Act, 1899, landlord and process fee are levied under The Bihar Tenancy Act, 1885, and the service charge by the Registration Department. The Stamp Act has been amended several times, and the last on 15.02.2013. Registration of land, house, flat and other immovable property by Registry Officer requires registration fees and stamp fees which are determined by Registration Department. Landlord and process fee is determined by the Revenue Department. Three important Acts in this regard are Registration Act, 1908, the Indian Stamp Act, 1899 and Bihar Tenancy Act, 1885 with their subsequent amendments. Recently, Indian Stamp Act 1899 was amended on 15th February, 2013 and Bihar Stamp (Prevention of under Valuation of Instruments) Amendment Rules, 2013 on 26th March 2013. 4.6.1.4 Process of Determining Market Value of Land Registration Department vide notification on March, 2013 made amendment in Indian Stamp Act, 1899 (Act II of 1899) providing process for fixation of estimated minimum market value of land and other immovable properties. Estimated minimum value of urban and its peripheral areas and the commercial / residential nature of land of rural areas shall be fixed every year, and after every three years of agricultural land in rural areas on the recommendation of the District Valuation Committee has been established for this purpose. Estimated minimum value of different categories of rural, urban and peripheral areas is determined on the basis of average value of conveyances of five highest values registered in the preceding financial year plus feedback obtained from spot verification. People have been provided the privilege of lodging their objections regarding value of any property at the time of Draft publication and such objections have to be looked into judicially and disposed of by the District Valuation Committee. The committee functions under the overall guidance and supervision of Central Valuation Committee constituted at the state level. The Central Valuation Committee includes Principal Secretary /Secretary, Registration, Excise and Prohibition and Inspector General of the same department as Chairman and Vice-Chairman, respectively. The District Collectors have been made Chairman of District Valuation Committee. Central Committee, time to time, scrutinizes & supervises estimate of minimum value. 103 Inspector General determines the classification of land of rural areas for fixation of minimum market value of land. The Chairman of the Central Valuation Committee may, under the recommendation of the Committee, order the District Valuation Committee for specific revision of Estimated Minimum Value in any specific area for (i) Setting up of Industrial Estate (ii) large scale housing project (ii) any other specific circumstances having impact on value of immovable property. 4.6.1.5 Unilateral Registration In Bihar, many flats / houses, constructed by the builders, were not registered for years together due to disputes amongst the builders and purchasers / death of builders / disappearance of builders or due to certain reasons. With a view to give relief to such harassed purchasers, the government through the Bihar Apartment Act, 2006, notified in 2006-07 that such aggrieved people can apply to Patna Municipal Authority giving a copy of the agreement and proof of making the entire payment for purchase. On receipt of such applications, the municipal authority has given permission, after verification, to the owner for unilateral registration of the flat / house with a copy to registry office, to make unilateral registry. This unique approach has helped many people in the state. 4.6.1.6 Registration at the door steps The Registration Department in Patna started a unique practice of registration at door step, in 2006. A camp was organized by the registry office in various localities of Patna town after giving proper publicity and registration was done in the camp. 4.6.1.7 Service Standard In Bihar, initiative has been taken to provide prompt service to people in a transparent way without harassment. Under the Right to Public Services Act, 2011 citizen charter of Registration Department has been prepared and it gets displayed in all Registry Offices. Here it is to be noted that non-compliance of the standards attracts fine and that should be deducted from the person responsible. Till now, in Bihar, two Registry Officers (Bhagalpur, Muzaffarpur) have been fined for non-compliance of the Act. 4.6.2 ASSESSMENT of DIMENSION Assessment of Indicator 6.1: Mechanisms for recognition of rights Dimension Land possession by the poor can be C There is a clear, practical process for the formal recognition of possession but this process is not 6 1 1 formalized in line with local norms in implemented effectively, consistently or an efficient and transparent process. transparently. Non-documentary evidence is C Non-documentary forms of evidence are used to effectively used to help establish rights. obtain recognition of a claim to property along with other documents (e.g. tax receipts or informal 6 1 2 purchase notes) when other forms of evidence are not available. They have less strength than the documents provided. Long-term unchallenged possession is C Legislation exists to formally recognize long-term, formally recognized. unchallenged possession but due to the way this 6 1 3 legislation is implemented, formal recognition is granted to very few or no applicants for recognition on either public or private land. First-time recording of rights on C On-demand recording of rights includes proper 6 1 4 demand includes proper safeguards and safeguards to prevent abuse and costs do not exceed 5% of the property value. access is not restricted by high fees. 104 Analysis of Dimension 6.1.1: Formalization of Land Possession by the Poor There is a clear, practical process for the formal recognition of possession, but this process has not been implemented effectively. The process includes document and physical verification based on formal or informal evidences. It can be formalized through the Acts i.e. Bihar Tenancy Act and Bihar Privileged Person Homestead Tenancy Act. Land allotted to the poor people under Bihar Privileged Persons Homestead Tenancy Act, Ceiling Act and Bhoodan Yagya Samitties Act is non-transferable. Giving possession is difficult, even dispossession takes place. Though provision exists, but there are lots of gaps in implementation. Analysis of Dimension 6.1.2: Non-Documentary Evidence to Establish Rights. Non-documentary form of evidence is used for obtaining recognition of a claim to land or property along with other documents i.e. tax payment receipt, land rent payment receipt, patta allotted by the government in case if other form of evidences are not available. But non documentary proof does not have conclusive evidence. They have less strength than the documents and hence it takes lots of time in recognition of claim. Persons have to go through quasi-judicial / judicial process which is time consuming and costly. These evidences are regarded as collateral evidences In legal parlance, the long term unchallenged possession is termed as adverse possession. In private land such adverse possession does not create or extinguish the title over the land but in public land adverse possession makes a difference as to decide the factum of the title. Circulars have been issued from time to time by the State Government to regularise, or not to regularise those long term unchallenged possession. Analysis of Dimension 6.1.3: Formal Recognition of Long-term Unchallenged Possession In Bihar legislation exists to formally recognize long-term, unchallenged possession. But due to the way this legislation is implemented, formal recognition is granted to very few or no applicants for recognition on either public or private land. Continuous possession for 12 years gives the people the right on land subject to satisfactory documentary proof to establish 12 years or more possession. This is known as the principle of adverse possession and well recognized under the civil law. But for this purpose also people have to go through quasi judicial / judicial mechanism. Analysis of Dimension 6.1.4: First-Time Recording of Rights on Demand Record of rights is generally prepared through Survey. In this regard, it may be noted that, record of rights, whether first time or second time, is done only when people approach for registry / mortgage and, accordingly applicable registration fee and stamp duty are charged. Record of rights can be corrected and created by decree of Civil Court. Completion of record of rights requires mutation. On demand, recording of rights includes proper safeguard to prevent abuse in limited case i.e. under section 6 (1) of Bihar Agriculture Credit and Miscellaneous Act. In other cases, although there is a general lien of banks on the property, but that does not include safeguard to prevent abuse. On-demand recording of rights does not include proper safeguards to prevent abuse. Average cost does not exceed 5% of the property value. Assessment of Indicator 6.2: Completeness of the land registry Dimension Total cost of recording a property D The total cost for recording a property transfer is 6 2 1 equal to or greater than 5% of the property value. transfer is low. More than 90% of records for privately held land Information held in records is linked to A 6 2 2 recorded in the registry are readily identifiable in maps that reflect current reality maps (spatial records). Relevant private encumbrances are recorded but 6 2 3 All relevant private encumbrances are C this is not done in a consistent and reliable 105 recorded manner. Relevant public restrictions or charges are All relevant public restrictions or C 6 2 4 recorded but this is not done in a consistent and charges are recorded. reliable manner. Copies or extracts of documents recording rights There is a timely response to requests B 6 2 5 in property can generally be obtained within 1 for accessing registry records week of request. A The records in the registry can be searched by 6 2 6 The registry is searchable. both right holder name and parcel. B Copies or extracts of documents recording rights in property can only be obtained by Land information records are easily 6 2 7 intermediaries and those who can demonstrate an accessed. interest in the property upon payment of the necessary formal fee, if any. Analysis of Dimension 6.2.1: Cost of Recording of Property Transfer In Bihar the cost of recording property transfer is greater than 5% of the value of property. In urban areas – Registry fee, 2% + stamp duty 6% + 2% additional stamp duty for ULBs. In Rural areas – Registry fee – 2% + stamp duty 6%. Besides, Rs. 150-500/- is charged per deed as landlord and process fee and Rs.25/- per page is charged for scanning of documents. So the cost of property transfer is not low in Bihar. The registration fee / stamp duty / other fees and charges applicable on various types of deed are given in the annexure 4.7.1 As per the Govt. of India directives, the stamp duty should not be more than 5% but Bihar is still charging 6 percent. The total cost for recording the property transfer is greater than 8% of the property value. There are certain exemptions towards stamp duty to revive weak industry and promote IT and Communication Industry and provide relief to poor people. There is waiver of registration fees and stamp duty for agriculture loan up to Rs. 5 lakhs under industrial policy incentive and communication and technology policy initiative and waiver of stamp duty and registration fees on the transfer of three decimal lands to Mahadalits of the state. Analysis of Dimension6.2.2: Linking of Land Records In Bihar more than 90% of the records of privately held land recorded in the registry are readily identifiable in the maps. However, the information held in records has not been linked to maps in Bihar as yet. Registration offices have not been linked with Circle Offices. Registration offices should be also linked with Circle Offices so as the mutation of transferred land can be done by Circle Offices in a short period. Computerization of Registry offices has been made a very easy system to obtain sale deeds on the day of registration itself. Presently, mutation process is being conducted by circle offices, which takes minimum 15 to 30 days. When Circle offices are linked with registry offices, it will take one to two days in such process. Information of privately held land is recorded in the registry are identifiable in the map. However, there is no system to mention the name of land holder in the map. Khesra (Plot) numbers are provided on the map, on basis of which the record in registry is identifiable on the map. To mention the name of current owner, in the land record, mutation is required. After computerization of Anchal records, the transfer of land vide registry offices may become up-to-date & the records like Jamabandi, Rent Roll etc becomes visible in general. Computerization of Circle Office shall facilitate the linking of database of registration office and Circle office. This will enable the Circle Office to take data of transfer on daily basis and update the mutation records. So government should take immediate steps to streamline the computerization of Circle Offices and connect it with Registry Offices. 106 Analysis of Dimension 6.2.3: Status of Recording of Private Encumbrances Certain classes of documents are not compulsorily registrable such as Partition deed approved by the court or revenue offices, inheritance, will, oral gift by Mohamedans. Hence they do not become the part of registration office data base. Thus the non encumbrance certificate does not reflect the above transfer. If people transfer/offer land as security and comes for registry, encumbrances are recorded. Otherwise encumbrances are not recorded. Some private encumbrances are recorded but this is not done in a consistent and reliable manner. Analysis of Dimension 6.2.4: Recording of Public Restrictions or Charges All Public restrictions are not recorded. About 60-70% of public restrictions are recorded. Although the state has been authorized to prohibit the registration of such documents which are against the public policy under Section 22 (A) of the Registration Act but the provision made under this section by Rajasthan, Karnataka and Madras has been struck down by the apex court in the state of Rajasthan Vs Basnath Mahto case reported in AIR 2005. The charges are recorded in deed. Relevant public restriction or charges was not recorded in Registry deed earlier. The government has started sending information regarding the land under acquisition/government land to registry office/DCLR Office. The same can be verified at Registry/DCLR office at very nominal cost by interested party. All the charges /fees are recorded in the deed itself. Analysis of Dimension 6.2.5: Accessing Registry Records Since 2006 all the registry offices had been computerized and the server was linked with main server of the Registry Department. All registry records of 2006 onwards can be seen on bhumijankari.com. The registry records prior to 2006 can be accessed manually. However, the digitization of registry records from 1995 to 2005 is in an advanced stage and is likely to be completed soon. There is timely response to requests for accessing registry records as per service standard prescribed by government. Time limit for various services prescribed by the government is as under: - Non – encumbrance certificate – 3-14 working days Search and copy work - 7 working days Search fee – Rs. 40/- for first year for every name and Rs. 20/- for subsequent year per year. Rs. 20/- for Inspection of document per year. Analysis of Dimension 6.2.6: Searching of Registry Registry is searchable in Bihar. All the registry offices have been computerized and the server was linked with the main server of the registry department since 2006. All registry records of 2006 onwards can be seen on bhumijankari.com. The registry records prior to 2006 and 1995 onwards may also be seen on bhumijankari.com soon as the digitization of records from 1995 to 2005 is in its final stage of completion. The record of rights maintained and publically known as Book-1 categorically shows the details of land parcels and the land holder’s name Analysis of Dimension 6.2.7: Accessibility of Land Information Records Copies or extracts of documents recording rights in property can only be obtained by concerned party and intermediaries and by those who are interested in the property upon payment of the necessary formal fee. Assessment of Indicator 6.3: Reliability: registry information is updated and sufficient to make meaningful inferences on ownership Dimension 6 3 1 Information in public registries is B Links are in place for all types of public land 107 synchronized to ensure integrity of information registries but checks on the rights and reduce transaction cost. legitimacy of transactions that affects certain parties' land rights are only performed ex post. Between 70% and 90% of the ownership Registry information is up-to-date B 6 3 2 information in registry/cadastre is up-to-date and reflects ground reality. and reflects ground reality.. Analysis of Dimensions 6.3.1: Synchronisation of Information in Public Registries After 100% computerization of registry office in 2006, the links are in place for all types of public land / private land registries done after 2006 onwards. Since 2006 onward registry information is up-to-date and reflects ground reality. From 1995 to 2005 registry information is likely to be up-to-dated soon. The records are being scanned and put up on the network. Before 1995 the registry information had to be searched manually. Mandatory checks are performed to ensure legitimacy of any transaction that affects certain party land right before they can be finalized. However, since land records are neither fully computerized nor updated in circle offices and not interlinked with the registry offices; it is difficult to ensure legitimacy. Thus legitimacy of transactions that affects certain parties' land rights is only performed ex-post. It has been observed that the ffraudulent cases are minimal. Analysis of Dimension 6.3.2: Updating Registry Information It has been observed that the registry information is up to date and to some extent it reflects ground reality. Indicator 6.4: Cost-effectiveness and sustainability: land administration services are provided in a cost-effective manner Dimension The registry is financially The total fees collected by the registry exceed the sustainable through fee collection to total registry operating costs. (Total operating 6 4 1 finance its operations. A costs include all non-capital investment costs (i.e. salaries and wages, materials, transportation, etc.) associated with registry operating costs.) Investment in land administration is Investment in human and physical is sufficient to 6 4 2 sufficient to cope with demand for B maintain high service standards but does not allow for proactively responding to future needs and new high quality services. developments in the sector. Analysis of Dimension 6.4.1: Financially Viability and Sustainability of Registry In Bihar, the Registry Department charges 2 percent registry charge and 8/6 percent stamp duty to make the system financially sustainable. The total fee collected by registry from registration fee and stamp duty exceeds operating costs of registration (registry department expenditure). Collection of revenue was 39.27 times higher than the revenue spent on administrative expenditure in the year 2012-13. The details for revenue earned and expenditure of the Registration Department in Bihar during eight years have been given below in table. Table 4.6.3: Revenue and Expenditure of Registration Department, Government of Bihar Annual Revenue Receipt (in crore) Proportion of expenditure of SI. No. of deed expenditure in Financial year registration No. registered respect of department revenue Registration (Rs. in crore) Stamp fee Total fee 1 2004-05 989859 88.04 387.26 475.3 NA - 2 2005-06 1004264 93.82 459.75 553.57 NA - 108 Annual Revenue Receipt (in crore) Proportion of expenditure of SI. No. of deed expenditure in Financial year registration No. registered respect of department revenue Registration (Rs. in crore) Stamp fee Total fee 3 2006-07 883491 114.17 410.63 524.8 NA - 4 2007-08 909283 158.75 536 694.75 28.59 24.30 5 2008-09 889798 169.77 600.88 770.65 33.39 23.08 6 2009-10 1000847 241.12 906.83 1147.95 40.81 28.13 7 2010-11 992540 228.3 1018.14 1246.44 36.68 33.98 8 2011-12 1018655 308.13 1301.87 1610 45.69 35.24 9 2012-13 925695 - - 1619.3 41.24 39.27 (Source: Department of Registration, Govt. of Bihar) The table clearly indicates that the total fees collected by the registry exceeded the total registry operating costs. [Total operating costs include all non-capital investment costs (i.e. salaries and wages, materials, transportation, etc.) associated with registry operating costs.] The registry office also charges Rs. 25/- per page on documents of transfer and Rs. 20/- per page for scanning of other deeds. The department gets sufficient fund from this scanning operation and to maintain computerization and infrastructure in the department. Due to this unique self sustaining model the Registration Department of Bihar got Prime Minister’s Award for excellence in public administration for the year 2007-08. The table clearly indicates that the total fees collected by the registry exceed the total registry operating costs. [Total operating costs include all non-capital investment costs (i.e. salaries and wages, materials, transportation, etc.) associated with registry operating costs.] In all the District Registration offices, ‘May I help you’ Booths have been established which provides to the registrant people the necessary information regarding the enclosures required to be attached with a document and also amount of stamp duty as well as registration and other miscellaneous fees chargeable on different kinds of documents. One may also obtain the standard format of sale / mortgage / etc. and after the filling of the format with required data, attaching all enclosures and paying the stamp duty and registration fees even the seller may himself be able to get his sale deed registered without the help of scriber. One may also obtain the standard format of sale / mortgage / etc. and after the filling of the format with required data, attaching all enclosures and paying the stamp duty and registration fees. Even the seller himself may be able to get his sale deed registered without the help of scribe. Analysis of Dimension 6.4.2: Investment in Land Administration Investment in human resources and physical infrastructure is sufficient to maintain high service standards but does not allow for proactively responding to future needs and new developments in the sector. The department has evolved a novel way of charging Rs. 25/- per page for the deed of transfers and Rs. 20/- per page for other deeds scanning and investing them in land administration to cope-up with demand for high quality service. Assessment of Indicator: 6.5: Fees are determined transparently to cover the cost of service provision Dimension 109 Fees have a clear rationale, their A A clear rationale and schedule of fees for 6 5 1 schedule is public, and all payments different services is publicly accessible and receipts are issued for all transactions. are accounted for. Informal payments are discouraged. B Mechanisms to detect and deal with illegal staff behavior exist in all registry offices but 6 5 2 cases are not systematically or promptly dealt with. Service standards are published and A There are published service standards regularly monitored. (including dealing with illegal staff 6 5 3 behavior), the registry actively monitors its performance against these standards and results are public. Analysis of Dimension 6.5.1: Rationale for the Fee In Bihar, the registry fee has a clear rationale, their schedule is public and all payments are accounted for. The fee schedule has been made public by way of notification in the gazette. Even in determination of circle rates of different kinds of land & structures, people have been given facility to 10 days to make observation and complaint on the draft publication. All payments are accounted for and mentioned on front of deed. The stamp duty in the state is higher. Government of India has fixed maximum limited of 5% of stamp duty. In Bihar it is 6%. The rationale behind determining fees and other charges is to make the registry office self sustained. Affordability, providing high class services and revenue generation are other components for rationality of present fee structure. Exemption has been provided for the following priority area. 1. 100% waiver of stamp duty and registration fee for agriculture loan upto 5 lakhs, for easy access of affordable credit to farmers. 2. 100% exemption of registration fees and stamp duty under Bihar Industrial Incentive Policy 2001 and Information and Communication Technology Policy 2011, with a view to promote industrialization and IT Sector in the state. The schedule of registry fee and stamp duty has been made public by notification in gazette and uploading them on website. Analysis of Dimension 6.5.2: Informal Payments Though there is mechanism to detect and deal with staff behaviour exists in all registry offices, but the cases are not systematically dealt with. Model deeds for generally resettable documents have been prepared by the department and it is available at all registry offices to avoid intermediaries. Mechanism to detect and deal with illegal staff behavior exists in all registry offices. Fee schedule has been made public. Notices have been displayed in notice board to not to make any illegal payment. Contact details of competent authority made public to contact in case of need. Vigilance cases are being registered. Analysis of Dimension 6.5.3: Service Standard Service standard has been framed under Right to Public Service Act 2011. Designated public servant, appellate authority and reviewing authority have been identified for each service and publicly displayed on website. Maximum time limit for delivery of identified services varies from 1 to 15 working days depending upon the kind of services. The maximum time for appellate authority is 15 working days. Maximum time limit for reviewing authority is 21 working days. Regular monitoring is being done by the competent authority. Disposal rate is very high under the service standard. Within short span, two Registry Officers (Bhagalpur and Muzaffarpur) have been punished with Rs. 5000/- each for not fulfilling service standard 4.6.3 CONCLUSION 110 In Bihar the record of right is a matter of concern. A significant section of RoR is outdated, as after the Cadastral Survey, which concluded almost 100 years ago, there is gap in updating land record with survey and settlement operations. Though the Revisional Survey started in the decade of 1960s but it had been completed in only 12 districts, started but not completed in 14 districts and in 12 districts it was not initiated. Even where it was completed it took long time so the data became obsolete. Though the computerisation of land data has been initiated in the state but they are digitising the old data which has little relevance with the ground reality. However, the process and procedure of Land registration in Bihar is quite praiseworthy. There are 100 percent self sustaining models of computerization of registry under Registry Department and the department follows strict service standards. In Bihar the Bihar Tenancy Act, 1885 provides the occupant of the land possession holder as an Occupancy Right on that land and he is declared a raiyat of this land and the Bihar Privileged Person Homestead Tenancy Act, 1947 provides right to homeless privileged persons occupying a piece of land for homestead. There is a clear, practical process for the formal recognition of possession in Bihar, but it gets criticized for gap in implementation. There are efforts to establish right to the persons having no formal documents. Though the non documentary proof does not have conclusive evidence and they have less strength than the documents and takes lot of time in recognition of claim yet non-documentary form of evidence is used to obtain recognition of a claim to land or property through quasi-judicial / judicial process. In Bihar, legislation exists to formally recognize long-term, unchallenged possession. But due to the way this legislation is implemented, formal recognition is granted to very few or no applicants for recognition on either public or private land. The cost of registry is higher in Bihar compared to other states. But government provides several exemptions towards weaker section and to promote industry in the state. Though the Registry Offices have been computerized, yet lack of infrastructure and absence of updated data in Circle Offices appear as constraint to linking up the data of local Registry Offices with Circle Office. However, the data related to registry can be accessed in the internet, even if providing hard copy of documents from Registry Offices, the service standard is followed. In Bihar, the registry fee has a clear rationale, their schedule is public and all payments are accounted for. The fee schedule has been made public by way of notification in the gazette. However, the stamp duty in the state is higher, as Government of India has fixed maximum limited of 5% of stamp duty, which is 5% in Bihar. The main concerns are non-linking of registration computerization with circle office to facilitate automatic mutation and difficulties in searching registration record prior to 2006 i.e. prior to computerization of registry. 4.6.4 STRENGTH 3. The state has 100 percent self sustaining model of computerization of registration. This initiative received Prime Minister’s Award. Rs. 25 per page on the deed of transfer and Rs. 20 on all other deed for scanning of documents is being charged and invested to meet operational cost of computerization of registry office. 4. Prescription and strict implementation of service standards have been ensured in the state. Two Officers at Bhagalpur, Muzaffarpur have been penalised with Rs. 5000/- each for non fulfilment of the service standards requirement. 5. One time arrangement of camp for registry at the door step in different ward / area was organized by giving prior information. 6. Waiver of registration fees and stamp duty for agriculture loan up to Rs. 5 lakhs, under Industrial Policy Incentive, Communication and Technology Policy Incentive for promoting agriculture, industry and information technology. 7. Waiver of stamp duty and registration fees on the transfer of three decimal lands to Mahadalits of the state. 111 4.6.5 BEST PRACTICES 8. Model for 100% computerization of the registry office 100% of the offices of the Registration Department of the state have been computerised through a process of self sustaining model. The registration office is charging fee for scanning all documents/deeds. The department gets sufficient fund from this scanning operation to maintain computerization and infrastructure in the department. The Registration Department received Prime Minister’s Award for this innovative model. 9. Unilateral Registration In Bihar, many flats / houses, constructed by the builders, were not registered for years together due to disputes amongst the builders and purchasers / death of builders / disappearance of builders or due to certain other reasons. With a view to give relief to such harassed purchasers, the government through the Bihar Apartment Act, 2006, notified in 2006-07 that such aggrieved people can apply to Patna Municipal Authority for permission for unilateral registration by giving a copy of the agreement and proof of making the entire payment for purchase. On receipt of such applications, the municipal authority has given permission, after verification, to the owner for unilateral registration of the flat / house with a copy to registration office, to make unilateral registration. This unique approach has helped many aggrieved people in the state. Simultaneously state has received good revenue from stamp duty and registration fees. Municipalities were also benefitted by getting taxes from the flat owners. 10. Registration at the door steps The registration department in Patna started a unique practice of registration at door step, in 2006. Camp was organized by the registration office in various localities in Patna town after giving proper publicity and registration was done in the camp. A lot of people were benefitted by this innovative approach of the department. 11. Implementation of service standard The state government has prescribed the service standard for each of the activities of the Registration Department. Service standards are clear, effective and transparent. The Designated Public Servant provides the service notified to the person, eligible to obtain the service, within the stipulated time limit or reject the application. In case of rejection of application, they will record the reason in writing and intimate the applicant. Any person, whose application is neither rejected nor provided with the service within the stipulated time limit, may file an appeal to the Appellate Authority within thirty days from the date of rejection of application or the expiry of the stipulated time limit. The Designated Public Servant or the aggrieved Applicant, after the order of the Appellate Authority, may make a second appeal within 60 (sixty) days from the date of that order to the Reviewing Authority. If the Appellate Authority is of the opinion that the Designated Public Servant has failed to provide service within the time limit without sufficient and reasonable cause, he / she may be imposed a lump sum penalty, at the rate specified from time to time, as prescribed in the rules. Within a short span, two registration officers (Bhagalpur, Muzaffarpur) have already been punished @Rs. 5000/- each for not fulfilling the service standards. This has created a sense of accountability amongst the officials of Registration Department and people are getting services quickly from the department. 12. Alternate Payment Mechanism for various Fees Special provision for depositing the amount of stamp duty, by special Challan, in designated branch of the Bank near the registration office has been introduced in the 112 state. Under Challan system people have been provided options either to pay full stamp duty through Challan or through printed stamp or partly through Challan and partly through printed stamp. The registration and miscellaneous fees is being paid by the parties through Challan only. This has provided registrant an additional mode of payment for stamp duty which can prevent them from being cheated from fake stamps. The Registration Department mentions the stamp duty and registration fees paid on the deeds. 4.6.6 WEAKNESSS 13. Charging stamp duty of 6 percent against the maximum prescribed limit of 5 percent by Government of India. 14. Non-linking of registration computerization with circle office to facilitate automatic mutation. 15. Difficulties in searching registration record prior to 2006 i.e. prior to computerization of registry. 16. Land value in MVR is being inflated every year due to adoption of average of 5 highest registry deeds. This makes many economic activities unviable. 4.6.7 POLICY RECOMMENDATION 4.6.7.1 Short Term 1. E-Linking of registration data on computer with the circle office, to be initiated to facilitate automatic mutations and updation of records on transfer of land. 2. Scanning of old records prior to 2006 and placing them on the computer network, to be completed expeditiously. 4.6.7.2 Medium Term 1. The State Government should reduce the stamp duty to make land registration affordable and bring it at par with other states. The stamp duty should not be more than 5 percent. 2. Cases of inheritance, partition, sale certificate, mortgage by deposit of title deeds, oral gift etc. should be brought within the ambit of compulsorily registrable document so as to reflect their impact in the encumbrance certificate issued by the registry office. 3. The Government should gradually do away with the use of stamp paper altogether and adopt the system of depositing stamp duty by Challan, in designated banks. 4.6.7.3 Long Term 4. In registration, the transfer of title is presumptive, not exclusive. Steps should be initiated to transfer the exclusive /absolute title on the lines of Karnataka state. Accordingly, Registration Act should be amended and strategy should be developed to verify title before registration, by an expert appointed/empanelled, for this purpose. Thereafter, Electronic data base on transfer of land would help in updating the land record even after sale/transfer. 1. Model Land Titling Bill framed by the DOLR / MORD may be considered for adoption with suitable modification. 113 4.7. LAND VALUATION AND TAXATION 4.7.1 INTRODUCTION Land has emerged as a crucial element in all kinds of developmental activities. Proper valuation of land has significant impact upon socio-economic development of concerned economy. Proper valuation of land is important in the context of making a transfer, exchange, gift, sale and mortgage etc of the concerned piece of land. Rent of the land also gets fixed on the valuation of land. 4.7.1.1 Land Rent Before the abolition of zamindari, land revenue was the chief source of income for the State. According to tenancy law, rent is the first charge on the land. Under section 3(5) of the Bihar Tenancy Act, 1885 rent means whatever is lawfully payable or deliverable in money or kind by a tenant to his landlord on account of the use or occupation on the land held by the tenant. The rent on land is chargeable from very ancient period in India and in Bihar as well. 4.7.1.2 Valuation and Taxation of Land Minimum Market Value Registers (MVR) for various types of land / building / flats based on their location and use have been prepared and regularly revised and updated at district level by a committee headed by District Magistrate. There are gaps in awareness among rural people on the methodology of computing MVR. Valuation of land based on MVR is also applicable for land acquisition for calculating compensation. The multiple of rate mentioned in MVR is paid as compensation. There is no separate method for computing value of land for land acquisition purpose. Registration fees are also determined based on MVR. The process of property valuation based on Annual Rental Value (ARV) located on different types of roads and different uses are very clear. The holding tax in urban area is 2.5 percent of the ARV. The assessment of value of land/property for tax or compensation purposes reflects market prices, but differences between recorded values and market prices across different uses and types of users were also reported / observed. Valuation roll is publically accessible at every registry office / municipality / website of municipality at Patna and Muzaffarpur / website of Registration Department. There is clear process of property valuation, but the practical implementation is deficient. Valuation of land is determined for the purpose of registration of land. Transfer of land through registration started in second half of the 18th Century. At present registration fees and stamp fees are major sources of revenue of the state government. Keeping in view the importance of this department in Bihar, Registration department became a separate department in 1991. Before this date it was a part of the Department of Revenue and Land Reforms. The registration of land is executed in accordance with the provision of the Indian Registration Act, 1908. Transaction of any part of land or immovable property or non- testamentary instruments, which acknowledge the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest, except the state government may by notification exempt, have been made compulsory under section 17 of the Indian Registration Act, 1908. 4.7.1.3 Property Tax by Municipal Bodies 114 In order to provide civic services to the citizens of the city, the Patna Municipal Corporation (PMC) came into existence on 15th August, 1952 but earlier it was called as Patna City Municipality, which was constituted by a resolution of Governor of Bengal in Council under “District Municipal Act, 1864. (Bengal Act, III of 1864) on 1st November, 1864. The Bihar and Orissa Act, 1922, previously governed Patna. Later on it came under the PMC Act, 1951. New rules were framed in 1993, under the Patna Municipal Corporation Act 1951 wherein area linked systems of taxation were introduced. Again the Bihar Municipal Act, 2007, promulgated which governs all the municipal bodies. In the Bihar and Orissa Municipal Act, 1922, the power to review the Municipal tax was vested with “Review Committee”, consisting of two Ward Commissioners and two tax payers of the municipality nominated or elected in the prescribed manner by the Commissioners at a meeting, and one Deputy Magistrate nominated by the District Magistrate on this behalf, provided that no Commissioner or tax payers shall be a member of the Committee appointed to hear applications of review from the Ward was elected and that three members shall form the quorum of the Review Committee meeting. But in the PMC Act, 1951, the power to review the tax was vested in the Chief Executive Officer. The same provision has been replicated in the Bihar Municipal Act, 2007 in which Power of Review has been vested in the Chief Executive Officer of the PMC. The government has made amendment in the property tax provision and the new rules known as Bihar Municipal Property Tax (Assessment, Collection and Recovery rules 2013) has been promulgated by Governor on 8th May, 2013. So far as the collection of this tax is concerned, the collection of tax has improved gradually which can be observed from the following tables of one municipality i.e. Patna Municipal Corporation. 4.7.2 ASSESSMENT OF DIMENSION Assessment of Indicator 7.1: Transparency of valuations: valuations for tax and compensation purposes are based on clear principles, applied uniformly, updated regularly, and publicly accessible Dimension There is a clear process of B The assessment of land/property for tax or property valuation. compensation purposes reflects market prices, but there are significant differences between recorded 7 1 1 values and market prices across different uses and types of users; valuation rolls are updated regularly Valuation rolls are publicly B There is a policy that valuation rolls be publicly 7 1 2 accessible accessible and this policy is effective for most of the properties that are considered for taxation. Analysis of Dimension 7.1.1: Process of Property Valuation The process of property valuation is done by the district level concerned committee. Minimum Market value registers for various types of land / building / flats based on their location and use have been prepared and regularly revised and updated at district level by the committee headed by District Magistrate. The process of property valuation based on Annual Rental Value (ARV) located on different types of roads and different uses are very clear. The holding tax in urban area is 2.5 percent of the ARV. The assessment of value of land/property for tax or compensation purposes reflects market prices, but differences between recorded values and market prices across different uses and types of users were also reported / observed. Valuation roll is publically accessible at every registry office / municipality / website of municipality at Patna and Muzaffarpur / website of Registration Department. Though there is clear process of property valuation, but the practical implementation is deficient. 115 4.7.2.2 Accessibility of Valuation Roll There is policy for preparation of valuation rolls and are being displayed in the office of the District Registrar and Sub-Registrar for most of the property. Holding Tax for each fiscal year becomes due on 1st April of each Fiscal year. Generally Municipality publishes, in local newspapers, the applicable rates and the method of computation of Holding Tax, which shall be payable in advance before 30th June of each fiscal year. Five percent rebate on total Property Tax is given to such holdings / property that adopts the technology and structure for rain water harvesting. Assessment of Indicator 7.2: Collection efficiency: land and property taxes are collected and the yield from doing so exceeds collection cost Dimension 7 2 1 Exemptions from property taxes A There are limited exemptions to the payment are justified and transparent. payment of land/property taxes, and the exemptions that exist are clearly based on equity or efficiency grounds and applied in a transparent and consistent manner. 7 2 2 All property holders liable to pay C Between 50% and 70% of property holder property tax are listed on the tax roll. liable for land/property tax are listed on the tax roll. 7 2 3 Assessed property taxes are collected. B Between 70% and 80% of assessed land/ property taxes are collected. 7 2 4 Receipts from property tax exceed the C The amount of property taxes collected is cost of collection between 1 and 3 times cost of staff in charge of collection. Analysis of Dimension 7.2.1: Justification of Exemption There are limited exemptions on the payment of land/property taxes and the exemptions that exist are clearly based on equity or efficiency grounds and applied in a transparent and consistent manner. The examples are, stamp duty and registration fee waiver for agriculture loans upto 5 lakhs, under Industrial Policy incentive and under Communication and IT policy. All dwelling units located in the slums and having a plinth area of less than 250 square feet have been exempted from the payment of holding tax. State and Central Government offices, other than the commercial establishments and undertakings are exempted from payment of holding tax, but are liable for payment of a service charge which will be 75 percent of the normal holding tax under which such offices / establishments are liable to pay under the rules. Places, centres and institutions of spiritual/religious nature are fully exempted from payment of holding tax. In rural areas, remission of land rent is done in cases of natural calamities where the crop damaged is more than stipulated as per crop cutting experiment and declaration of Anawari by Government. Analysis of Dimension 7.2.2: Enlisting of Property Holder for Payment of Property Tax The coverage ratio of assessment of property tax in Bihar has been poor which can be evident from the coverage ratio of one municipal corporation i.e. Patna Municipal Corporation as on 30th October, 2012. PMC estimates of total number of holdings in Patna - 5 lacs Electric connection in Patna Municipal Area - 4 lacs Number of registered holdings in Patna Municipal Corporation - 2.5 lacs Coverage ratio - 50.0% More or less similar is the situation in other municipal bodies. Hence there is a need to bring unregistered holdings into tax fold to increase the revenue for providing better services. 116 Holding tax is only collected in urban areas. Around 90% of the holding tax payers mentioned in tax roll are regular in paying the holding tax. Land rent is collected in rural and urban areas both. Around 90% of land holders or their parents are listed in the tax roll. Property tax collected by Patna Municipal Corporation during the various years is given below in table. Table 4.7.1: Property tax collected by Patna Municipal Corporation during the various years Year Receipt from Property Tax 2004-05 13.87 2005-06 21.12 2006-07 15.38 2010-11 17.00 2011-12 28.00 2012-13 22.00 (Source: Patna Municipal Corporation) Analysis of Dimension 7.2.3: Collection of Assessed Property Tax It is found that 47.18% of the land rent, 80% of the holding tax and 100% stamp duty and registration fees are being collected. The collection made during the last five years for land rent in rural and urban area is given below in table. Table 4.7.2: Land rent collected during various years. Financial Year Demand (in Rs. Collection (in Rs. Percentage of Crore) Crore) collection 2007-08 100 27.46 27.46 2008-09 100 45.37 45.37 2009-10 110 39.16 35.60 2010-11 112 19.62 17.49 2011-12 140 28.03 20.02 2012-13 185 87.29 47.18 The receipt of holding tax of Patna Municipal Corporation has been mentioned above. Revenue from Sale of Stamp Duty and Registration Fee for Registration Purpose for last six years in the state is given below in table. Table 4.7.3: Number of deed registered and revenue receipt in various years. SI. Revenue Receipt (in Financial year No. of deed registered No. crore) 1 2007-08 909283 694.75 2 2008-09 889798 770.65 3 2009-10 1000847 1147.95 4 2010-11 992540 1246.44 5 2011-12 1018655 1610.00 6 2012-13 925695 1619.30 Analysis of Dimension 7.2.4: Cost Effectiveness of Property Tax Collection It is found that the amount of property taxes collected from all the sources is between 1 to 3 times the cost of staff in-charge of collection, if the land rent / holding tax and stamp duty are considered. Individually, the revenue from the land rent and holding tax are not sufficient to 117 meet the cost of tax collection. It is a fact that major portions of salary of municipal employees, as well as other establishment costs are being met from the revenue collected by the ULBs, out of which substantial portion comes from property tax. The State Government, being the developmental agency, sometimes provides major services on nominal price. Hence meeting the cost of collection of taxes should be viewed distinctly, considering the development of the state. 4.7.3 CONCLUSION Land valuation and taxation are very important in the context of making a transfer, exchange, gift, sale and mortgage etc. of land. For facilitating the valuation and taxation of land, minimum market value registers for various types of land, buildings and flats based on their location and use have been prepared by a committee headed by District Magistrate in each district and updated regularly. In addition, property valuation is also done on the basis of Annual Rental Value for assessing the holding tax of the property in urban area which also takes into consideration location and use for fixation purposes. Registration of land is governed by the Indian Registration Act, 1908. But the property tax in urban area is governed by Bihar Municipal Act, 2007 and the amendments made in 2013. It is pertinent to point out that the valuation rolls are publicly accessible. The rates of holding tax are published in the newspaper every year before 30th June of each financial year. Incentive for water harvesting is given in collection of tax. There is equity considerations in property taxes as slums having a plinth area of 250 sq ft or less have been exempted from payment of holding tax. So far as the enlisting of property holder for payment of property tax is concerned, the coverage ratio is 50 per cent for Patna Municipal Corporation and the situation is similar for other municipal bodies. With respect to land rent, it is collected in urban as well as rural areas. The rational for fixation of land rent is not clear and transparent. Stamp duty and registration fees are being collected in full. Stamp duty in Bihar is 6 per cent (2 per cent additional for ULBs in urban area) against the maximum stipulation of 5 per cent by Government of India. The amount of property taxes collected from all the sources is between 1 to 3 times the cost of staff in-charge of collection, if the land rent / holding tax and stamp duty are considered. Individually, the revenue from the land rent and holding tax are not sufficient to meet the cost of tax collection. 4.7.4 STRENGTH 2. Clear and transparent policy for calculation of annual rent for different types of building / vacant land situated on different types of road and for different types of uses. 1. Self – assessment of holding tax and paying it to the Municipality without waiting for a demand notice shall be the responsibility of the tax payer or owner of the holding. Every assessee / tax payer and owner of holding shall follow the scheme of self-declaration and self – assessment for the purpose of calculation and payment of holding tax. If any owner of the holding or assessee wilfully suppresses material information essential for assessment of holding tax or under assesses the holding tax, such persons shall be liable for payment of the difference between the amount actually payable and the self-assessed tax. In addition a fine of one hundred percent of such differential amount will also be charged. 2. BEST PRACTICES 118 3. The state government has exempted the payment of holding tax to the slum dwellers up to a particular size of dwelling units. All dwelling units located in the slums, and having a plinth area of less than 250 square feet, has been exempted from the payment of holding tax. This has benefitted the economically weaker sections of the society living in slums. 4. Holding Tax for each fiscal year will be due on 1st April of each Fiscal year. Each Municipality publishes, in local newspapers, the applicable rates and the method of computation of Holding Tax which is payable in advance before 30th June of each fiscal year. If the entire Holding Tax due for the year is paid on or before 30th June of each fiscal year, five percent rebate is given, as incentive to the tax payer. No penal rate of interest shall be levied if the entire tax due is paid by 30th September of the fiscal year. After 30th September of a fiscal year penal interest at the rate of 1.5 (one point five) percent per month shall be levied. 5. For promoting water harvest technology, the state government has decided to give rebate. 5 percent rebate on total Property Tax is given to such holdings / property that adopt the technology for rain water harvesting. 4.7.6 WEAKNESS 6. The coverage ratio of assessment of property tax in Bihar has been poor (about 50 per cent) which is evident from the coverage ratio of one municipal corporation i.e. Patna Municipal Corporation as on 30th October, 2012. PMC estimates of total number of holdings in Patna - 5 lacs Electric connection in Patna Municipal Area - 4 lacs Number of registered holdings in Patna Municipal Corporation - 2.5 lacs Coverage ratio - 50.0% (Source: Data collected from Patna Municipal Corporation and PESU) More or less similar is the situation in other municipal bodies. There is an urgent need to bring unregistered holdings into tax fold to increase the revenue and for providing better services. 7. There is paucity of trained and qualified man power for tax administration. 8. Even now, issue of holding tax / land tax collection receipt is done manually. 9. Stamp duty is still more than 5 percent (urban area = 6+2 percent, rural area = 6 percent) 10. Inadequate civic amenities like cleaning of the city, parking space, water supply, drainage system etc., are repellent factors, as seen by tax payers, for paying holding tax. 11. Holding tax has not been revised after 1993 in Bihar. Recently the holding tax was revised but withdrawn on public protest. 12. Grant of full exemption to religious institutions from holding tax is not justified as these institutions are using it various types of services. 13. Fixation of land rent has not been done based on objective criteria viz. classes of land, according to land capability criteria, type of land and productivity etc. 4.7.7 POLICY RECOMMENDATIONS 4.7.7.1 Short Term 1. Religious trusts, just like government offices, should at least pay 50 to 75 percent of the normal holding tax as service charges to provide better civic amenities. 2. In order to avoid complications, or disputes for assessment of annual rental value, a self assessment format should be made available to the public to file the details of holding for assessment of annual rental value and holding taxes. Regular checking and verification of the same should be taken up on priority basis so that its 119 genuineness can be established. Strict penal action should also be taken in case of any discrepancy, after verification. 3. No attempt has been made in the past to assess the cost of exemption of taxes to the government. Assessment of the cost of exemption of taxes to various institutions needs to be initiated. 4.7.7.2 Medium Term 1. A Municipal Services Guarantee Act, along the lines of the Right to Public Service Act, 2011, is put in place. 2. As the value of landed property in municipal areas has increased manifold, there is a need to enhance the holding tax for providing better civic amenities. 3. Economic land rent should be decided / fixed, based on land use classification, type of land and productivity of the land. 4. Tax Coverage ratio in Patna Municipal Corporation is 50 percent. More or less similar is the situation in other municipal bodies. There is a need to bring in unregistered holdings into tax fold to increase the revenue for providing better services. This work should be taken up in camp mode. 5. The imposition and collection machinery of taxes in the Municipalities should be made more efficient. As this work is technical in nature, a thorough knowledge of the system with all its technicalities must be made known to the officers and staff engaged in municipal tax administration. Comprehensive administrative capacity enhancement is the need in ULBs. 6. Proper administrative set up with well trained, qualified staff is necessary for efficient running of the tax administration department of ULBs. 7. Community expects better civic amenities from the municipal authority. It cannot be provided without monetary resources. Even the sincere and dedicated Municipal personnel cannot serve the society according to society’s expectations without proper equipment and facilities. If the urban residents do not pay the taxes in time, they cannot expect proper civic facilities to be provided to them. The State Government used to give grant and loan to Municipality for infrastructure development or for employment generation schemes, but not for meeting the day-to-day expenses of the Municipality for providing different civic services. As such, proper rapport between the residents of town and Municipal authority is most essential. This will make the people realize that the money which is being collected from them, in the shape of various taxes and fees, are being utilized properly for their benefits. The role of municipal authority in this regard is very important. 4.7.7.3 Long Term 1. The urban local bodies in Bihar are not using modern technology for better tax collection in urban areas, such as facility for online payment; GIS for better tracking of properties, electronic inter linkages with registries to track acquisition of properties etc. These varieties of modern technology should be adopted by ULBs. 120 4.8. DISPUTE RESOLUTION AND CONFLICT MANAGEMENT 4.8.1 INTRODUCTION Dispute / conflict are an inevitable aspect of human interaction, an unavoidable concomitant of choices and decisions. Conflict can be prevented on some occasions and managed on others, but resolved only if the term is taken to mean the satisfaction of apparent demands rather than the total eradication of underlying sentiments, memories, and interests. Only time really resolves conflicts, and even the wounds it heals leave their scars for future reference. But short of such ultimate healing, much can be done to reduce conflict and thereby release needed energies for more productive tasks” (Zartman, 1991: 299). Disputes relating to record of rights, boundaries, entries in revenue records, unlawful occupation of raiyati land, forcible dispossession of allottees and settlees of public land, unlawful / wrong registry and unlawful mutation etc. generate problems / dispute / litigations and cause unnecessary harassment to bona fide allottees / settlees / raiyats / occupants. Corruption, bribery, fraud, nepotism, favouritism and clientalism in land administration and land management is a widespread problem, and lead to a high number of land disputes. Interdependency of land conflict causes is given in annexure 4.8.1. Disputes, unnecessarily, are occupying major space of Civil Courts and Hon’ble High Court. Cases remain pending in the Courts for long periods and many settled cases are again referred to another (Higher Court) for appeal / revision of decision. As perceived by the Bihar Land Tribunal, 70% of the criminal activities are due to land disputes. Land disputes are responsible for backwardness and economic plight of the people in substantial portion of rural population. Although the Revenue Authorities were better equipped to deal with such disputes due to their continued presence in the field offices and their expertise in Revenue Administration, were not a major part of dispute resolution machineries till recently. 4.8.1.1 The Indian Adjudicatory System and the system in Bihar India has a well structured Constitutional and statutory framework for dispute resolution. All the decisions are subject to correction by higher courts through revision or appeal. The Judges / Presiding Officers have sufficient competence to decide issues. There is a Constitutional right under Article 300-A that “No person shall be deprived of his property save by authority of Law”. Property includes land also. 4.8.1.2 Dispute resolution mechanisms in Bihar The procedures prevailing for dispute resolution in respect to land may be classified as judicial procedure, quasi-judicial procedure and alternative dispute resolution such as Conciliation and Arbitration. Under conciliation, Lok Adalats have been set up under Legal Services Authority Act 1987. Under Arbitration and Conciliation Act 1996, disputes are resolved through settlement / agreement. The different forums under different land laws have been provided for adjudication of disputes. Disputes related to land pending before different forums in the State of Bihar are 121 huge in number and the present machinery including Civil Courts / High Court is over- burdened because of pendency of huge number of disputes relating to land. State was facing with complexities arising out of the multiplicity of adjudicating machinery and delay in the settlement of disputes. There is a large number of Act and Rules enacted to ensure right and disposal of disputes especially related to land in the context of Bihar. A detail of these acts and process and procedure of dispute resolution mechanism are given in the annexure 4.8.2 4.8.1.3 Land Related Case in the Revenue Court The BLDR Act, 2009 is omnibus and cost effective. It has overriding effect over the procedure laid down in 6 Acts viz., The Bihar Land Reforms Act, 1950, The Bihar Tenancy Act, 1885, The Bihar Privileged Persons Homestead Tenancy Act, 1947, The Bihar Bhoodan Yagna Act, 1954, The Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961 and the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. Under this Act, 29649 cases, excluding mutation, were filled till 31st March, 2013. Out of these cases 20296 cases, i.e., 68.45% have been disposed off. The details of cases under various revenues court for different type of disputes is given in annexure 4.8.4. 4.8.1.4 Land Related Case in Bihar Land Tribunal In larger public interest and in the interest of the people of the State and with a view to provide a common and uniform forum for adjudication of disputes, Govt. of Bihar created a Tribunal at the highest level in the hierarchy known as “Bihar Land Tribunal” under Bihar Land Tribunal Act 2009 and Bihar Land Tribunal Rules 2010. The Bihar Land Tribunal is constituted to address the land related issues of raiyats of state. The Tribunal has the power to entertain any application against the final order passed by the Appropriate Authorities under the various land Act / Manuals within 90. In addition, the Tribunal shall decide any case transferred / referred to it by the Government of Bihar or by the Hon’ble High Court of Judicature at Patna with regard to any other revenue or land reforms law / manual for the time being in force. The Bihar Land Tribunal was constituted in January 2013. The Tribunal presently has one Chairman and one member. Till June, 2014 1480 cases / appeal have been filed, out of which 488 have been resolved. In a short span, the pace of disposal of cases with limited staff is remarkable. There is need to strengthen the tribunal by filling up the post (s) of the members lying vacant and providing adequate regular staff along with infrastructure. 4.8.2 ASSESSMENT OF DIMENSIONS Assessment of Indicator 8.1: Assignment of responsibility: responsibility for conflict management at different levels is clearly assigned, in line with actual practice, relevant bodies are competent in applicable legal matters, and decisions can be appealed against Dimension 8 1 1 There is clear assignment of A There are no parallel avenues for conflict resolution responsibility for conflict or, if parallel avenues exist, responsibilities are clearly assigned and widely known and explicit resolution. rules for shifting from one to the other are in place to minimize the scope for forum shopping. 8 1 2 Conflict resolution mechanisms A Institutions for providing a first instance of conflict are accessible to the public. resolution are accessible at the local level in the majority of communities. 8 1 3 Mutually accepted agreements A There is a local, informal dispute resolution system reached through informal dispute that resolves a significant number of conflicts in an effective and equitable manner and which is resolution systems are encouraged recognized in the formal judicial or administrative dispute resolution system. 8 1 4 There is an accessible, affordable C A process exists to appeal rulings on land cases at 122 and timely process for appealing high cost and the process takes a long time/ the costs disputed rulings. are low but the process takes a long time. Analysis of Dimension 8.1.1: Assignment of Responsibility for Conflict Resolution In Bihar, responsibilities regarding conflict resolution are clearly assigned unambiguously. The Bihar Land Dispute Resolution Act, 2009 provides clear assignment of responsibility for dispute resolution. Under BLDR Act, 2009, the authority is looking after the cases relating to section 13 of the Act. Disputes under 6 Acts provided in schedule –I in the Act can only be looked into. However, there is provision that government can add or remove any law/manual from the list. Under BLDR Act, 2009, title is not being decided. The cases relating to titles and other complicated cases are left to be decided by civil courts of competent jurisdictions. In the year 2012-13, a total 29649 cases were filed under BLDR Act, 2009 till 31st March, 2013. Out of this 20296 i.e. 68.45% of the cases have been disposed of till 31st March, 2013 Analysis of Dimension 8.1.2: Accessibility of Conflict management It is accessible to the public but due to unawareness of the various land related laws promulgated in the state and the high costs in court cases, public in general are reluctant to avail them. Analysis of Dimension 8.1.3: Informal Dispute Resolution Mechanism Various types of Lok Adalat viz. Lok Adalat, Special Lok Adalat, Mega Lok Adalat, Pension Lok Adalat, Labour Lok Adalat, Awareness Programme, are being organized in the state. Under Section 19 read with section 21 of the Legal Services Authority Act, 1987, the disputes resolved through Lok Adalats are recognized in the formal judicial dispute resolution system. It is so because every award given by the Lok Adalat shall be deemed to be a decree of a civil court. During last few years, the Lok Adalat has proved to be a most effective alternative dispute resolution forum in the state of Bihar. Its success can be seen in the recently held National Lok Adalats on 23rd November 2013 in the state of Bihar whereby over 1.5 Lakh cases including 9,120 in the state capital were settled (as per report of the Bihar State Legal Service Authority). Apart from that the following data would evidently manifest the important role of Lok Adalat in this state. Table 4.8.1:Disposal of cases by various type of Lok Adalat in Bihar. Year Lok Adalat Special Lok Mega Lok Pension Labour Awareness MANRE Persons Legal Aid (I) Adalat Adalat Lok Lok Programme GA Benefited by Provided (II) (III) Adalat Adalat (VI) (VII) Legal Aid / (IX) (IV) (V) Awareness (VIII) 1998 to 4,53,077 - - - - 4963 64,798 - 2008 2009 45,964 - - - - 495 54,929 - 2010- 11,365 34,707 1,02,335 163 7,330 381 22,135 142 2011 10,136 16,379 49,435 34 - 794 51,083 261 2012 6,911 49,425 18,309 15 1237 828 68,533 337 2013 (Till 6,962 5,0963 32,733 18 - 819 8256 66,470 207 Dec.) Total 5,34,415 1,51,474 2,02,812 230 8,567 8,280 8256 2,63,150 947 National 2,23,306 Lok Adalat Grand Total- (I (534415) + ( II + ( 151474) + ( III ( 202812) + ( IV ( 230) + ( V (8567) + (VII (8256) + (X (X) (223306) = 11,29,060 (Source: Bihar State Legal Services Authority) It appears from the above that1129060 persons have been benefited by various types of Lok Adalat. The National Lok Adalat held on 23.11.2013, in which 628 cases relating to land have also been disposed off. This implies that Lok Adalat has also started settling the land related disputes. The details of Disposal & Legal Awareness Programme by Mobile Lok Adalat are given below in table. 123 Table 4.8.2: Details of Disposal & Legal Awareness Programme by Mobile Lok Adalat Year Number of Cases No. of Legal Awareness No. of Persons benefited Disposed Conducted by Mobile during Mobile Lok Adalat Lok Adalat work Year,2005 38 01 1,003 Year 2006 75,780 82 3,312 Year 2007 83,669 93 4302 Year 2008 82,331 107 5,301 Year 2009 48,628 95 4,312 Year 2010 37,432 108 12,153 Year 2011 28,043 117 5,698 Year 2012 32,927 115 8,131 Year 2013 (Till 18332 73 6014 Dec,13 Grand Total 4,07,180 792 50,226 (Source: Bihar State Legal Service Authority) The table above shows that 4,07,180 persons have been benefited by the Mobile Lok Adalat as yet. Legal aid has been provided to 50,226 beneficiaries. There is a need to encourage the people to settle the land dispute in Lok Adalat which is cost effective and time effective. There is a need to encourage the people to settle the land dispute in Lok Adalat which is cost effective and time effective. The Government of Bihar exercising its power under section 146 of the Bihar Panchayat Raj Act, 2006 (Bihar Act 6, 2006) has framed its rules called the “Bihar Gram Kachahari Conduct Rules 2007”. It is to be mentioned here that under sections 106, 107, 108, 109 and 110 of the Bihar Panchayat Raj Act a Sarpanch of the Gram Panchayat has been provided with the jurisdiction to dispose of suits of which valuation does not exceed Rs. 10,000/-. In order to assist the Sarpanch, “Nyay Mitra” with a law degree has been provided to each Gram Kachahari. Gram Katchahary is of the view that where in a suit for partition, complicated question of law or title is involved; Gram Katchahri shall transfer such suit to the court of competent jurisdiction. It should be noted that the system of Gram Kachahari is included in the 73rd Amendment but not in operation. However, effective steps are underway for effective functioning of Gram Kachahary by the State Government. In the state land disputes are also resolved by Panchayat (Panch constitutes of reputed village elders and Sarpanch mutually agreed by both the parties). Minor disputes like boundary, share of land of the family members etc. are resolved in the information channels. This is based on the principle of mutually accepted agreement by village level informal panchayat of the elders of the village / community. Resolution of disputes through Panchayat is not encouraged by the authorities who decide land disputes as they are not trained to settle disputes through arbitration / conciliation/ mediation. They are required to be trained to encourage informal channel. Recently enacted BLDR Act, 2009 also does not mention settlement of disputes through informal channels. However, the same are being practiced in the villages. One of the arguments given against the informal channels is not hearing all the interested parties. Second argument is government interests are also not kept in view while deciding the disputes through informal channels. Analysis of Dimension 8.1.4: Process of Appealing There is an accessible, affordable and timely process for appealing disputed ruling under BLDR Act, 2009. Under this new enactment an attempt has been made to reduce the time and 124 the cost and make legal remedies affordable to the poor people of the state for securing the ends of justice. Though Divisional Commissioner has been made the appellate authority, time limit for the disposal of appeal has not been provided in the BLDR Act, 2009. Assessment of Indicator 8.2: The share of land affected by pending conflicts is low and decreasing Dimension Land disputes constitute a small B Land disputes in the formal court system 8 2 1 proportion of cases in the formal legal are between 10% and 30% of the total court cases. system. Conflicts in the formal system are B A decision in a land-related conflict is 8 2 2 resolved in a timely manner. reached in the first instance court within 1 year for 90% of cases. There are few long-standing (> 5 years) D The share of long-standing land conflicts is 8 2 3 land conflicts.. greater than 20% of the total pending land dispute court cases. Analysis of Dimension 8.2.1: Magnitude of Land Dispute Cases in total cases The number and description of the civil cases instituted in various district and subordinate courts in Bihar are given below in table. Table 4.8.3.: Number and description of civil suits instituted in various year in the state. Classification of civil cases Other suits Suit for Total land Percentage of Total civil not falling Suit under Suit for Suit for Year money or Mortgage related cases land related cases under any of the rent immovable specific movable suit (5+6+7+8) cases the preceding land property relief property heads 1 2 3 4 5 6 7 8 9 10 2005 21848 813 3216 289 15181 1426 923 17819 81.56 2006 21989 694 3050 249 15622 1900 474 18245 82.97 2007 24862 692 6956 263 15344 1113 494 17214 69.24 2008 24653 681 6380 276 15432 1315 569 17592 71.36 2009 27646 626 7838 252 17072 1270 588 19182 69.38 2010 29911 592 8503 264 18540 1481 531 20816 69.59 2011 18097 1212 13052 406 1773 1263 391 3833 21.18 (Source: Bihar Statistical Hand Book 2012 – Information received from the Registrar, Patna High Court). The percentage of land related case with respect to civil cases varied from 70-82 percent till 2010. In 2011 the percentage of land related case was only 21.18 percent. It could be clearly seen from the above table that the institution of land related cases has reduced after the Bihar Land Dispute Resolution Act, 2009. The cases instituted in the district / subordinate court in Patna district during various years is given below in table. Table 4.8.4: Cases instituted in Patna District / Subordinate Courts 2007 2008 2009 2010 2012 2013 1. Suit for money or movable 152 147 142 138 property 2. Other suits 252 240 242 212 3.Suit under the rent land 149 132 129 121 4. Title and other suit for 1627 1432 1383 1228 immovable property 5. Title and other suit for 72 68 67 64 125 specific relief 6. Mortgage suit 42 40 38 36 Total 2294 2059 2001 1799 2012 2015 Out of which land related 1890 1672 1617 1449 830 823 cases (3+4+5+6) % of land related case 82.39 81.20 80.81 80.54 41.25 40.84 (Source: Bihar Statistical Hand Book, 2012) The land related cases in Patna district also varied from 80-82 percent till 2010. After that the share came down to approximately to 40 percent, probably, due to Bihar Land Dispute Resolution Act, 2009. As on 31st December, 2013 there are 27494 civil cases pending in the district court of Patna out of which 10647 relate to land dispute. Percentage wise land related cases constitute 38.72 percent of the civil cases in Patna district. The number of civil cases decided during the various years in the subordinate courts of Bihar is given below in table. Table 4.8.5: Number of cases decided in the Sub-ordinate courts of Bihar Civil Year Original Appellate 1 2 3 2005 26305 3482 2006 32875 3017 2007 30131 3478 2008 31386 5370 2009 32817 5651 2010 38405 6847 2011 37030 7479 (Source: Bihar Statistical Hand Book 2012) The cases decided in the district / subordinate court of Patna district during various years are given below in table. Table 4.8.6: Civil cases decided in District / Subordinate Court Patna Civil Original Appellate 2007 2171 198 2008 1794 183 2009 2001 186 2010 1799 244 2011 NA NA (Source: Bihar Statistical Hand Book 2012) The bifurcated data for disposal of land related cases were not available. Substantial numbers of disputes are pending for more than 5 years. They are especially related to i) Revisional Record Survey ii) Consolidation matter and iii) Mutation matter 50% of the civil cases in the legal system are for land disputes. Approximately 70% of the criminal cases also emanate from land disputes. About 90% cases go upto High Court and about 20% cases goes upto Supreme Court. The courts are made to adjourn / postpone decision/proceedings by the reason of providing false information / argument about other court proceedings by the habitual offenders / 126 litigants and / or at their instance by their advocate. Hence Dispute resolution mechanism is time taking and costly process. Many families are ruined during these processes as they sell all property and even resort to heavy indebtedness in meeting the cost of getting justice. Appeals are not processed timely. After issuance of notice (s) to the parties concerned the delay in its service or not properly issued notices leads to delay in disposal. Time taken in disposing appeal is too long. Cost for appeal is also not affordable to poor. The percentage of land related cases out of total number of cases varied from 70 to 82 percent till 2010. In 2011 the percentage of land related case was only 21.18 percent. The institution of land related cases has reduced in 2011, mostly due to the implementation of Bihar Land Dispute Resolution Act, 2009. The land related cases in Patna district also varied from 80-82 percent till 2010. After that the share came down to approximately to 40 percent, probably, due to introduction of Bihar Land Dispute Resolution Act, 2009. As on 31st December, 2013 there are 27494 civil cases pending in the district court of Patna, out of which 10647 relate to land dispute. Percentage wise land related cases constitute 38.72 percent of the civil cases in Patna district. Apart from the civil cases, 70 percent of the criminal cases also emanate from land dispute. Analysis of Dimension 8.2.2: Timeliness of Resolving Conflict Time frame is clearly mentioned in BLDR Act, 2009 for disposal in the first instance court of the DCLR, who is the competent authority under the Act. Disputes under BLDR Act, 2009, for more than 90% of the cases, are resolved within 1 year. Quasi judicial authorities assigned with several other administrative jobs/ functions are unable to decide dispute in a timely manner. In the formal system (Civil Court) land related disputes are resolved within two years or more in about 90% of cases. Analysis of Dimension 8.2.3: Long Standing Conflicts Normally Title Suits/ Revisions/ Appeal cases take more than 5 years for its final disposal before the court of law. Nevertheless, all out efforts are made, so far as Revenue Courts are concerned, to dispose of cases as expeditiously as possible. 4.8.3 CONCLUSIONS In Bihar, responsibilities regarding conflict resolution are clearly assigned unambiguously. The Bihar Land Dispute Resolution Act, 2009 provides clear assignment of responsibility for dispute resolution. Though the conflict resolution mechanism is accessible to the public but due to unawareness of the various land related laws promulgated in the state and the high costs in court cases, public in general are reluctant to avail them. However, there is a surge for resolving disputes through alternative dispute resolution mechanism. It is also being encouraged among people to settle the land disputes in Lok Adalat which is cost effective and time effective. The strengthening of village level court is also a positive step. The land disputes in Bihar constitute around 70-80% of total cases. However, there is significant drop after 2010 in this regard. The introduction of Bihar Land Dispute Resolution Act may be the reason for this. The pace of the adjudication system need to be augmented as a large number of cases is long pending cases in Bihar. 4.8.4 STRENGTH 1. The Bihar Land Dispute Resolution Act, 2009 / Rules 2010 are omnibus, cost effective and time effective to take care of land disputes arising out of dispossession or threatened dispossession of public land allottees / private land disputes. Under Bihar Land Dispute Resolution Act, 2009, the disposal of cases has improved significantly. Even the cost in getting justice is less (compared to situation before) under this process, because of speedy disposal of cases 127 1. Establishment of Bihar Land Tribunal under Bihar Land Tribunal Act 2009 and rules 2010 has significant impact on disposal of land related disputes. 2. Alternative dispute resolution mechanism such as Lok Adalat has gained momentum during the last five years in Bihar for resolving various types of disputes. 3. Sarpanch of the Gram Panchayat has been provided with the legal powers to dispose of suits where valuation does not exceed Rs. 10,000/-. In order to assist the Sarpanch, “Nyay Mitra” with a law degree has been provided to each Gram Kachahari. In cases where suit for partition involving complicated questions of law or title, Gram Katchahri shall transfer such suit to the court of competent jurisdiction. 1. BEST PRACTICES 4. Bihar Land Tribunal: Creation of a Land Tribunal at the highest level in the hierarchy known as ‘Bihar Land Tribunal’ under Bihar Land Tribunal Act, 2009 and Bihar Land Tribunal Rules 2010 by Government of Bihar is a welcome step in larger public interest and in the interest of the people of the State with a view to provide a common and uniform forum for adjudication of disputes related to land. The Bihar Land Tribunal is an appellate authority which addresses the land related issues of raiyats/under raiyats/parcha holders etc. of the state. The Tribunal has the power to entertain any application against the final order passed by the Appropriate Authorities under the various land Acts / Manuals within 90 days. In addition, the Tribunal shall decide any case transferred / referred to it by the Government of Bihar or by the Hon’ble High Court. The Bihar Land Tribunal was constituted in January 2013. The Tribunal presently is having one Chairman and two members. A retired Judge of Patna High Court is the Chairman of the Bihar Land Tribunal. While meeting the constitutional obligations, the Land Tribunal has substantially reduced the work load of Patna High Court with respect to land related disputes. Till June, 2014, 488 cases were disposed off out of the 1480 cases / appeal filed. Out of these disposed cases, 315 cases have been disposed off by the Chairman of the Tribunal itself. In short span, the pace of disposal of cases with limited staff is remarkable and praiseworthy. After the constitution of Land Tribunal, the number of revenue cases filed before the High Court has come down. This system of setting up of land tribunal deserves to be replicated. 1. The Bihar Land Dispute Resolution (BLDR) Act, 2009 Bihar Land Dispute Resolution Act, 2009 is unique in nature which provides a uniform and common forum, procedure and mechanism to achieve the objective of effective, efficacious and speedy resolution of land related disputes. The BLDR Act, 2009 is omnibus, cost effective and time effective. It has overriding effect over the procedure laid down in 6 Acts viz. Bihar Land Reforms Act, 1950, The Bihar Tenancy Act, 1885, The Bihar Privileged Persons Homestead Tenancy Act, 1947, The Bihar Bhoodan Yagna Act, 1954, The Bihar Land Reforms (Fixation of Ceiling and Acquisition of Surplus Land) Act, 1961 and the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956. A revenue functionary, Deputy Collector Land Reforms, at the level of sub-division, is the competent authority to entertain and adjudicate cases under BLDR Act. He has been vested with all the powers of Civil Court, including execution. He is required to dispose of the cases within a period of 90 days. He decides disputes relating to different revenue acts. His jurisdiction includes: making entry in RoR / maps / boundary disputes, family partition, determination of rights, restoration of disposed public land assignees and preventive dispossession. However, this Act bars the competent authority to decide disputes relating to 128 complicated questions of title. The state becomes a necessary party in all cases in which one of the parties in dispute is a public land allottee. Under this Act, the Appellate Authority is the Divisional Commissioner. Under this Act 29649 cases were filled till 31st March, 2013. Out of these cases 20296 cases i.e. 68.45% have been disposed off. The system is proving beneficial to the people of the state especially poor and economic weaker section of the society in getting justice in a cost effective way. Adoption of similar act by other states will be beneficial for better land governance. 2. Providing of services of legal experts to Gram Kachahari (Village Court): To ensure quick, transparent and effective justice by the Gram Kachahari, the State Government has provided services of Nyaya Mitra (Law Graduates) to every Gram Kachahari. This has facilitated the Sarpanch in getting legal advice deciding the cases expeditiously as well as judiciously. 4.8.6 WEAKNESS 1. The jurisdiction of Deputy Collector Land Reforms (DCLR) under BLDR Act 2009 is limited to determination of rights only, not title. In complicated cases, involving question of title, party concerned is advised to move Civil Court. 2. The Collector, under the BLDR Act, has been vested with the powers of supervision of the work of Deputy Collector Land Reforms (DCLR). The same is not done on regular basis. 3. There is no time limit for disposal of appeal by the Divisional Commissioner under BLDR Act 2009. 4. Most of the Deputy Collectors, Land Reforms (DCLR) are not conversant with revenue laws / personal laws and thus face difficulties in adjudication of disputes. 5. Non-updating of Khatiyan and land records is creating hindrance in deciding the title of land. 6. Court cases are costly and time consuming for aggrieved parties. 7. A number of cases under section 45B of the Ceiling Act in particular and under another section of the said act in general, are pending since long time in Bihar. Due to this delay of disposal of cases, the determination of surplus land becomes very complex. 8. The process of disposal of cases involving sharecroppers for dispute resolution machinery is very slow. As on 31st March, 2013, 15.39 percent cases relating to sharecroppers were only disposed off, leaving the pending cases to 84.61 percent. 9. Large number of pending cases for dispossession has been observed in the state. 4.8.7 POLICY RECOMMENDATION 4.8.7.1 Short Term 1. Case flow Management Principles should be immediately implemented. 2. Information and Communication Technology (ICT) implementation should be more meaningful with defined objectives. 3. There is an urgent need to tackle cases pertaining to dispossession of land allottees. A time bound strategy should be developed to restore possession of land to these persons. 4.8.7.2 Medium Term 4. Necessary changes should be made in the relevant laws for dealing with management aspects relating to progression of cases and their flow for enhancing reduction rates and timely disposal with quality. 5. Responsibility to carry out judicial reforms should be assigned to a single identifiable body. 129 6. No time limit has been prescribed for disposal of appeal by Divisional Commissioner in Bihar Land Dispute Resolution Act, 2009. Specific time limit (60days) for disposal of appeals by Divisional Commissioner should be spelt out in BLDR Act 2009. 1. Efforts should be made to create more and more permanent Lok Adalat in all the districts and sub-divisions. Litigant should be made aware and be encouraged to pre- litigation settlement through such permanent Lok Adalat. 2. Adequate training to Deputy Collector Land Reforms (DCLR) and Circle Officers on different Acts and mechanisms of dispute resolution is a prelude for speedy disposal of disputes relating to land. 3. The Court of Deputy Collector Land Reforms (DCLR) should be provided sufficient staff with adequate infrastructure. 4. The Collector should ensure effective supervision of the work of Deputy Collector Land Reforms (DCLR) regarding dispute resolution, on regular basis. The same is not done on regular basis now. 5. There is a need to strengthen the tribunal by filling up the post (s) of members lying vacant and by providing adequate, regular staff along with infrastructure. 4.8.7.3 Long Term 1. Dispute related to land/holding falling within the municipal area should also be brought under the jurisdiction of BLDR Act, 2009. Similarly, Public land Encroachment Act, 1961, alluvium and delluvium land dispute should also be brought with the ambit of BLDR Act, 2009. 2. Taking into the consideration the large number of cases of dispossession in Bihar, fresh punitive laws are required to punish those persons who are not having the title over land but involved in dispossessing the legal owner of land. Actually, these persons are resourceful and dispossess the legal owner of land on concocted or forged or false papers, by force. The state Government should frame punitive laws to prevent cases of dispossession. It is advisable that dispossession should be made a cognizable offence. Section 4(B) of Bihar Land Disputes Resolution Act, 2009 pertains to the cases related to restoration of possession of settled/allotted land in favour of legally entitled settled /allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession. Section 7 pertains to summary disposal of proceeding. There is no need to follow the procedure for adjudication of cases of dispossessed persons. LRDC can issue notice to the offender. On hearing from the offender, summary disposal of cases should be done. Besides restoring possession, penalty/ punishment may be imposed. For a first time offender, penalty up to Rupees Two Thousand or one year of imprisonment or both can be imposed. For the second time, the penalty upto Rupees Ten Thousand or Two to Five years of imprisonment or both may be imposed on the offender. 3. There is a need to set up a Green Tribunal, with a bench in Patna, to resolve disputes related to forest and environment. 4. Required amendments may be brought in to the BLDR Act, 2009 as well as Bihar Land Tribunal Act, to include alternative dispute redressal provision by way of arbitration, conciliation and mediation. 5. Effective steps should be initiated for strengthening and smooth functioning of Gram Kachchahary by the State Government. The local Panchayati Raj institutions can help curb land disputes/ problems to a great extent. The Gram Kutchcharies of each Gram Panchayat may be empowered to decide on these cases at Panchayat level. However, adequate safety systems must be kept in place to curb the malpractices that occurred in this new concept of resolving land disputes at Panchayat levels. 130 4.9. REVIEW OF INSTITUTIONAL ARRANGEMENTS AND POLICIES 4.9.1 INTRODUCTION Land governance is a state subject and the department of Revenue and Land Reforms is the principle department in the context of Bihar. The present chapter shall review the institutional arrangement and policies in force related to land governance in Bihar. 4.9.1.1 Institutional Structure The institutional framework in Bihar for the last decades includes the halka karamchari at the grassroots level who report to the Circle Inspector. Circle Inspector in turn reports to the Circle Officer who reports to DCLR, who is accountable to the Additional Collector. The Collector of the district is the head of revenue department in the district in various Acts including the Act in land ceiling. There could also be the Collector under the Act duly notified by the Government in this behalf. A detail organizational structure of Department of Revenue and Land Reforms, Government of Bihar is given in the annexure 4.9.1A. The Government of Bihar has a well structured Survey and Settlement Department to conduct survey of land. The Survey and Settlement Department include the Director of Land Survey who is assisted by the Assistant Director. As and when a district is notified for survey and settlement, there is a Settlement Officer and Charge Office as also the Assistant Settlement Officer Headquarter at the district level. When a camp is taken out, it comprises an Assistant Settlement Officer, one or more kanungo, one or more Muharrirs, amins, surveyors, Munstrion etc. The organizational structure of office of the Director, Land Records Survey and Settlements is given in the annexure 4.9.1B. The organizational structure of office of the Director of the land consolidation is given in the annexure 4.9.1C. The Revenue Department officials at field level in Bihar as in the case of several states has a range of general administrative responsibilities along with land governance. This includes magisterial and executive functions. Specific land governance related function such as land registration and valuation are being looked after by separate department known as Registration Department. In addition to the revenue department the rural and local bodies also have a role in land administration. The village level rural local bodies called gram panchayat manage the Gairmazarua aam land while the urban local bodies are responsible for the maintenance of the urban land under their jurisdiction. Moreover, Forest and Environment Department manages the forest land and their control. The Urban Development and Housing Department which controls ULBs are responsible for urban land management through ULBs. The Principal Secretary of the respective departments (Revenue and Land Reforms, Forest and Environment, Registration, Urban Development and Housing and Industries) is the Principal Executive Head for the overall land administration / management in their respective area. The organizational structure of the related department is enclosed as annexure 4.9.1D, 4.9.1E, 4.9.1F, 4.9.1G and 4.9.1H. As regards land acquisition, there is Director Land Acquisition at the state level and District Land Acquisition Officers / Additional District Land Acquisition Officers at district level. 131 The roles and responsibility of functionaries dealing with the regulation and management of land sector are clearly defined. However, supervision and monitoring of implementation is suffering due to shortage of manpower and some key posts being managed in dual charge / capacity. It would be pertinent to point out that restructuring & rationalizing land administration in Bihar is the need of the hour. The jurisdiction of some functionaries is widespread. It is necessary to bring the workload within manageable limits. The Government of Bihar has already taken a decision to make territorial jurisdiction of a revenue halka to concise with Gram Panchayat. However, there is acute shortage of halka karamcharis and amin. Government decision to appoint halka karamchari and amin is yet to materialize. The halka karamcharis should have an office of his own. He can be accommodated in the proposed Gram Panchayat Bhawan. It is also necessary to rationalize the jurisdiction of Circle Officer. An inspector cannot super wise effectively the work more than 8-10 halka karamcharis. Depending upon the same, additional post may be created. The position regarding both office and residential accommodation for the staff of revenue department at various levels is unsatisfactory. The Government may take necessary steps in this regard. The existing training facilities are inadequate. With the wide spread use of modern technology, there will be greater need for the training of the staff at various levels. The existing training institution should be suitably upgraded and whenever necessary, new institutions should be set up at the divisional level, or for groups of district. The training syllabie should be such that, besides upgrading the skills of trainees to enable them to discharge their duties more competently, they also get an exposure to the technological and human relations dimension of modern land administration. In order to attract better professional qualified trainers in the training institutions, adequate financial and other incentives should be provided for. Supervision, inspections and monitoring constitute the backbone of institutional arrangements. Detailed norms have been laid down by the state government / Board of Revenue, Bihar. These instructions are either ignored or carried out in a rather perfunctory manner. The need for close supervision will be all the more felt with the introduction of modern technology. The state government should review this carefully, revise these instructions where ever necessary and ensure that the instruction is followed. The administrative and organizational structure pertaining to issues dealt with by the department of Revenue and Land Reforms has been delineated in the foregoing. As per rules of Executive Business, all land related matters including public land management and common property resource fall in the exclusive domain of the department of revenue. As time rolled on, certain other land related issues, like conversion of agriculture land and resolution of land disputes were addressed by the revenue department. As far as Roles of Divisional Commissioner and Collector vis-à-vis Revenue Department is concerned, these functionaries is do not fall directly in revenue hierarchy. They are controlled by the General Administration Department. Functionally, these offices exercise power and authority given to them under various laws including law relating to revenue, registration, motor vehicles, excise, food and civil supplies and the like. Hence, technically speaking, these offices cannot be placed directly in the heretical tree of Revenue Department. The revenue department ensures that these functionaries discharge their responsibilities as per provision of the revenue law involving them. Besides Divisional Commissioner and Collector, in every district, there is also post of Additional Collector who although falling in the General Administration Department line of control is responsible 132 exclusively to Revenue Department. Only DCLR, Circle Officer, Circle Inspector and Halka Karamcharis are exclusively in the line of revenue hierarchy. Even here, DCLR belongs to the Senior Deputy Collector grade whose services are placed by the General Administration Department with Revenue Department. The administrative and organizational structure pertaining to issues dealt with by the department of Revenue and Land Reforms has been delineated in the foregoing. As per rules of Executive Business, all land related matters including public land management and common property resource fall in the exclusive domain of the department of revenue. As time rolled on, certain other land related issues, like conversion of agriculture land and resolution of land disputes were addressed by the revenue department. 4.9.1.2 Institutional Activity Related to Land Department of Revenue and Land Reforms is the key department in land governance. Other departments in the government also manage their land under the guidance of Department of Revenue and Land Reforms. It is to be noted that there is no such overlap in the responsibilities of Ministries and agencies dealing with land. As well there is very limited scope of overlapping in land administration hierarchy as well as interdepartmental transactions. Even if overlaps exist, they are technical in nature and exist for a short period. 4.9.1.3 Availability of Manpower in Department Of Revenue and Land Reforms, Govt of Bihar Creation of a Revenue cadre for the purpose to get knowledgeable persons dealing with the land management has been made by the state government vide notification number 4020 dated 15th January, 2010. The sanctioned post for various revenue officials were created vide this notification right from Circle Inspector to Additional Collectors / Dy. Directors under the various section of Revenue Department. All the offices of under the department of Revenue and Land Reforms Department suffer from huge crunch of manpower. The crisis is highest at the Circle Inspector Offices, where 63% positions are vacant. At the level of Revenue Karamchari Also, there are 53% positions are vacant. Due to the shortage of staff in all the relevant departments, officers are working on dual/triple charges, which affect productivity and quality of work. The municipalities also found running with 64% vacant positions. 4.9.1.4 Other Issues in Institutional Arrangements Following major issues in institutional arrangements were observed. 6. Dearth of trained manpower in land related department is still prevalent. 7. Lack of use of technology for survey and land records. 8. Prevalence of oral sharecroppers in the state. 9. Poor management of land records. The exact number of record of right is not available in the states. 10. Lack of capacity building initiative to improve efficiency of land revenue officials. 11. Lack of conviction in government machinery to get the revenue records updated. 12. Lack of monitoring of updating of revenue records. 13. Pending cases of civil disputes in different courts of Bihar is very high. 4.9.1.5 Recent Steps The following steps have been taken by the State Government to strengthen structure of Revenue and Land Reforms Department 14. Prescribed service rules / standards for each department with time limit, authority responsible, appellate authority and reviewing authority. 15. Have started massive capacity building, procedure and technology use. 16. Have started appointment in various departments to fill the sanctioned posts. 133 17. Creation of Revenue cadre in the state vide notification number 4020 dated 15 th January, 2010. The sanctioned post for various revenue officials have been created vide this notification right from Circle Inspector to Additional Collector / Dy. Director under various sections of Revenue Department. 18. Transparent policy initiative for each land related department and uploaded them in the website. 19. System of regular monitoring of policy initiatives has been introduced and is now being followed. 4.9.2 ASSESSMENT OF DIMENSIONS Assessment of Indicator 9.1: Clarity of mandates and practice: institutional mandates concerning the regulation and management of the land sector are clearly defined, duplication of responsibilities is avoided and information is shared as needed. Dimension Land policy formulation, B In situations that can entail conflicts of interest implementation and arbitration are or are sensitive to abuse (e.g. transfers of land 9 1 1 separated to avoid conflict of interest. rights) there is some separation in the roles of policy formulation, implementation and arbitration. Responsibilities of the ministries and B The mandated responsibilities of the various agencies dealing with land do not authorities dealing with land administration 9 1 2 overlap (horizontal overlap). issues are defined with a limited amount of overlap with those of other land sector agencies but there are few problems. Administrative (vertical) overlap is A Assignment of land-related responsibilities 9 1 3 avoided. between the different levels of administration and government is clear and non-overlapping. Land right and use information is C Information related to rights in land is shared by public bodies; key parts are available to interested institutions but this 9 1 4 information is not readily accessible or not regularly reported on and publicly available at a reasonable cost. accessible. Overlaps of rights (based on tenure C The Legal framework and procedures for land- typology) are minimal and do not related matters (incl. renewable and subsoil 9 1 5 cause friction or dispute. resources) deal with land-related matters very differently but have functioning mechanisms for redressing overlap in place. Ambiguity in institutional mandates B With minor exceptions, the processes applied (based on institutional map) does not by public institutions dealing with land are 9 1 6 fully integrated and consistent. cause problems. Analysis of Dimension 9.1.1: Land Policy Formulation, Implementation and Arbitration There is a clear separation in the roles of policy formulation, implementation and arbitration in situations which can entail conflict of interest or are sensitive to abuse, for example, transfer of land rights. The roles and responsibility of functionaries dealing with the regulation and management of land sector are clearly defined. The major policy initiative lies with the state government including enactment of laws relating to land rights. The implementation lies with field functionaries, which is clearly delineated. Even in situations, where, implementation and arbitration are not strictly separated, to avoid over staffing and Parkinson’s law, the officers sitting in quasi-judicial capacity act as a court as per law. In that capacity, their other roles are over shadowed. This arrangement is made as the Collector of 134 the district / Collector under the Act are clearly defined. There would not be more than one Collector in a district to take care of implementation and arbitration separately. Supervision and monitoring of implementation is suffering due to shortage of manpower and some key posts being managed in dual charge / capacity. There is distinct hierarchy in all the districts in Bihar. Disputes are first resolved at the grass root level by the concerned Anchal Adhikari (Circle Officer). Appellate and Revisional authority also belong to revenue hierarchy. However, Bihar Land Tribunal and Municipal Building Tribunal are independent appellate authorities. Policies are formulated at the government level in the department of Revenue and Land Reform. Policies are also modified through field experiences and feedbacks, as in many cases suggestions emanate from below, pointing out constraints and difficulties. Adjudication of disputes is done by machinery inclusive of administrative officers at various levels endowed with quasi-judicial powers and authorities under various revenue laws, and this system is beneficial to the common mass of people as the dispute resolution mechanism is omnibus, simple, cost effective and time effective. If the general administration is isolated from implementing agencies, a whole parallel pyramid of hierarchy has to be created which will be expensive and unnecessary and the benefits accruing out of experience would go remiss. Analysis of Dimension 9.1.2: Responsibilities of the Ministries and Agencies Dealing With Land There is no overlap in the responsibilities of Ministries and agencies dealing with land. At the state level, as per the Rules of Executive Business, the Department of Revenue and Land Reforms is in exclusive charge of all issues pertaining to land administration. Any interdepartmental government land transfer / settlement and private land acquisition has to be routed through the Revenue and Land Reforms department. There is no overlapping in land administration hierarchy as well as interdepartmental transactions. The land question cropping up in various departments are eventually addressed by the Department of Revenue and Land Reforms. Files go to the cabinet through the Revenue and Land Reforms Department only. In case of land acquisition, for example, there could be a plethora of requisitioning bodies and yet the Collector of the district / District Land Acquisition Officer is the competent authority for the disposal of all such requisitions as per the Land Acquisition Act for the time being in force. Various departments of government need land for pursuing their respective departmental responsibilities and need. The Collector of a district has the final say in the choice of a piece of land. Records are prepared at the grass root level which through a proper channel reaches the Collector of a district who after taking the approval of the government finalizes the proposal of land acquisition. The revenue department issues notification regarding the land being required for public purpose. The Land Acquisition Officer of a District disposes of claims and objections in a transparent manner. He prepares award and disburses compensation and takes over the delivery of possession of the land on behalf of the government. Therefore, it can be safely said that there is a common thread for the land acquisition process irrespective of the fact of the existence of a plethora of requisitioning body. Analysis of Dimension 9.1.3: Assignment of land-related responsibilities between the different levels of administration and overlap There is no question of administrative (vertical) overlap, as in the field administration there is a clear cut hierarchy of Collector, Additional Collectors, Sub Divisional Officer, Deputy Collector Land Reforms, Circle Officer, Circle Inspector and halka karamchari. Some delegation is made in accordance with the provision of some or the other prevalent Revenue Law. There is no overlap at all or else the entire system will go haywire. 135 Administrative (Vertical) overlapping has been avoided in land administration and management. There is a clear cut division and assignment and roles and responsibilities / jurisdiction and authorities in matter of land administration and dispensation of justice in contested cases. Analysis of Dimension 9.1.4: Reporting, Sharing and Accessibility of Information by Public Bodies related to Land Right and Use In Bihar, all land related information is not available on the website. However, information related to land rights is available in the following offices in Bihar – 1. Anchal Office-- Computerisation of land records / existing Khatiyan / Jamabandi register (Register II) is available and accessible. 2. Survey & Settlement offices at the district level prepare record of rights and the same is maintained at Circle Office. 3. Land Acquisition offices at the district level maintain records of land acquired. 4. Khas Mahal offices at the district level maintain records of leases granted against Khas Mahal lands. 5. Land particulars pertaining to government / community lands are available in Anchal Offices. 6. The Directorate of Land Records & Survey has placed land related data of 8 districts on the website. Since computerization of land records has not been completed, all land records are not in public domain. Efforts are being made to computerize the land records as available on date and put the same on the website to enable the common citizen to have easy & inexpensive access to information. But it has not taken a shape due to the fact that much of the land records in the offices are out dated ever since the last survey / revisional survey was conducted. At the time of land acquisition, the Land Acquisition notifications are published with full particulars of land in question in public domain. Survey / settlement have been such a long drawn process running into quite a few decades. By the time final ROR (Record of Rights) is prepared, it becomes obsolete, hence survey and settlements have, of late, become a misnomer. In Bihar, in 12 districts no Revisional Survey could take place after the Cadastral Survey conducted about 100 years ago. There are 12 districts where revisional survey was taken up, but was concluded after a time span of quite a few decades. There are 14 districts where revisional surveys were taken up several years ago but are yet to be concluded. All this builds up the rationale for a quick focused, snap, abridged survey and settlement encompassing the entire state in one go. The Bihar Special Survey and Settlement Act / Rules have recently been passed and maps are being prepared through application of modern technology. Government of Bihar has adopted this Act / Rules in the interest of a focused survey and settlement without sacrificing quality, transparency and grievances redressal procedures. The survey was started in 13 districts and the progress as on 30th November, 2013 is as under. 7. Revenue map preparations – Aerial photography has been done for 7696 revenue villages. 8. Construction of ground control points – 15594 revenue villages. 9. Processing of data received from Aerial photographs – 2033 revenue villages. 10. Resurvey mapping verification – 53 revenue villages. 11. Khanapuri done – 237 revenue villages. 12. Publication of maps – 1 revenue village But for the above, land information system will continue to be replete with redundant, irrelevant and obsolete records of rights and data. There will be no use computerising this 136 data which can hardly relate to current reality. As the revenue records are not updated and these are not upto the mark, huge cases of land disputes amongst raiyats are pending before the court. Pending cases of civil disputes in different courts of Bihar is very high. The number and description of the civil cases instituted in various district and subordinate courts in Bihar during various years are given below in table. Table 4.9.1: Number and description of civil suits instituted in various year in the state Classification of civil cases Other Suit for suits not Suit Total land Percentage Total money falling under Suit for Suit for related of land Year civil Mortgage or under any the immovable specific cases related cases suit movable of the rent property relief (5+6+7+8) cases property preceding land heads 1 2 3 4 5 6 7 8 9 10 2005 21848 813 3216 289 15181 1426 923 17819 81.56 2006 21989 694 3050 249 15622 1900 474 18245 82.97 2007 24862 692 6956 263 15344 1113 494 17214 69.24 2008 24653 681 6380 276 15432 1315 569 17592 71.36 2009 27646 626 7838 252 17072 1270 588 19182 69.38 2010 29911 592 8503 264 18540 1481 531 20816 69.59 2011 18097 1212 13052 406 1773 1263 391 3833 21.18 (Source: Bihar Statistical Hand Book 2012) The percentage of land related cases with respect to civil cases varied from 70-82 percent till 2010. In 2011, the percentage of land related case was only 21.18 percent. It could be clearly seen from the above table that the institution of land related cases has reduced after the promulgation of the Bihar Land Dispute Resolution Act, 2009. The land related cases in Civil Court in Patna district also varied from 80-82 percent till 2010. After that the share came down to approximately to 40 percent, probably, due to Bihar Land Dispute Resolution Act, 2009. As on 31st December, 2013 there are 27494 civil cases pending in the district court of Patna out of which 10647 relate to land dispute. The pending cases in the revenue court for land ceiling in the state are 650. The pending cases of sharecroppers in the state as on 31st March, 2013 are 995 the details of which are given below in table. Table 4.9.2: Details of cases with respect to sharecroppers as on 31st March, 2013 in Bihar No. of cases pending No. of Cases as on No. of cases disposed Particulars st as on 31st March, 31 March, 2013 during 2012-13 2013 st No. of cases as on 31 1176 181 995 March 2013 (15.39%) (84.61%) 137 Area involved in acres 5005.7 271.30 4734 (5.42%) (94.57%) (Source: Department of Revenue and Land Reform, Govt. of Bihar) The encroachment cases pending in the state with the various courts are 5219, the details of which is given below in table. Table 4.9.3: Encroachment of public land as on 31st March, 2013 in Bihar Particulars Number Area in acre Cases as on 31.03.2012 4587 1860.72 Cases filed during 2012-13 3502 602.25 st Total cases as on 31 March, 2013 8089 2462.97 Disposal of cases in 2012-13 2870 749.16 Pending cases as on 31st March, 2013 5219 1713.81 (64.52%) (69.58%) (Source: Department of Revenue and Land Reform, Govt. of Bihar) Supervision and monitoring of dispute resolution is not adequate / up to the mark, due to shortage of manpower and absence of clear framework of monitoring. Analysis of Dimension 9.1.5: Consistency of Overlap of Rights Based on Tenure Typology In Bihar sub-tenancy is not on record. However, the Bihar Tenancy Act, 1885 provides for u/s 48 (e) safeguards against threatened or actual ejectment of sub-tenants. Conflicts over land rights go to Civil Courts / DCLR courts under the BLDR Act, 2009 and Bihar Land Tribunal. The word ‘tenure typology’ relates to occupancy raiyats, non-occupancy / occupancy under raiyats and non occupancy under raiyat. The aforesaid term has been dealt in the concern Tenancy Acts. The rights / status of landowner (Raiyat) have been duly defined in the Bihar Tenancy Act 1885, and by and large, they are also reflected in their records of rights except when such land has been recorded in the names of the non-deserving raiyats illegally. However, it will not be possible to enumerate such cases of fraudulent or collusive entry, until and unless, one embarks upon time bound focused survey and settlement in the entire state in one go. Such a survey requires three things: - 1. Availability of adequate funds, Massive funds would have to be applied not only to meet establishment cost but also to get modern equipment and modern technology. 2. Massive deployment of efficient and dedicated officers and staff to man different positions in the field and discharging responsibility in a systematic and scientific manner. 3. Proper training of staff and officers involved in survey work with respect to new technologies and new enactments. As the revenue records are not updated, there are many cases of overlaps of right (based on tenure typology). There are large numbers of cases of civil disputes pending in the competent courts of Bihar (already mentioned above). Since the cases are not being disposed of on priority basis, many persons stake claim over the same piece of land. As per section 4 of Bihar Land Reforms Act, 1950, after the vesting of Zamindari in the State, all sub-soil rights, including mines and minerals, whether discovered or not and whether worked or not, have vested in the State. Forest wealth, which comes under the category of renewable common property assets is governed by relevant Forest Laws and policies in place and are fully consistent in provision and application. Analysis of Dimension 9.1.6: Existence of Ambiguity in Institutional Mandates 138 There is hardly any incidence of ambiguity in institutional mandates (based on institutional map). As per executive instructions, approved by the Cabinet Secretariat, the Department of Revenue and Land Reforms carries exclusive mandate for land administration. It includes land transfers, land settlement, land leases, land acquisition and lands falling under the direct management of the government (especially in urban areas). Land policies, as formulated at the state or central level are in place and there is no occasion for any deviation at any level either in the Revenue and Land Reforms Department or any other department. For implementation, Officials are duly identified responsibilities fixed at various levels through legislation or executive instructions. The various land related laws e.g., the Bihar Privileged Person Homestead Tenancy Act, 1947; the Bihar Land Reforms Act, 1950, Bihar Bhoodan Yogjna Act, 1954, the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, the Bihar Ceiling Act, 1961, the Bihar Public Land Encroachment Act, 1969, the Bihar Public Demand Recovery Act, 1914 the Bihar Land Dispute Resolution Act, 2009, the Bihar Land Mutation Act, the Bihar Conversion of Agriculture Land for non-agricultural purposes Act, the Bihar Special Survey & Settlement Act, 2011 and Bihar Khas Mahal Policy, clearly & unequivocally determine and define the respective jurisdiction of original, appellate and revisional authorities and there is no scope of any ambiguity. Any scope for ambiguity is removed by the collector seeking clarifications and the government issuing clarifications. After the promulgation of the New Bihar Khas Mahal Policy, quite a few collectors wanted clarifications on certain issues which were promptly attended to. So much so, necessary amendments were also carried out in the aforesaid policy by the government. Ambiguity, if any, on conceptual or theoretical matter, is brought to surface on two occasions: (a) Implementation stage, vertical by implementing officers and staff. Here ambiguity can, as well, take shape due to some lurking misunderstanding or misinterpretation, lacunae, loopholes, objectives unfulfilled, lack of clarity on roles and responsibilities and the likes. Such doubts and clarifications are sent to head quarter by collectors, settlement officers or Deputy Director of Consolidation. (b) A second platform of discussing ambiguity, if any, is provided by monthly review meetings at various levels and training camps organized at various levels. In Bihar, it is gratifying to note that innumerable revenue training and workshops all over Bihar (in all the 38 district HQ conference halls) and in BIPARD, Patna were conducted in the last six to eight years. On the basis of feedback in some district level training camps / workshops, power of execution to competent authority under the Bihar Land Dispute Resolution Act was vested in them by amendment in the Act. Clarifications with regard to land regulations concerning Forest, Industrial and Urban sectors, if any, are addressed promptly and any ambiguity with regard to policy and implementation is removed. Ambiguity not only creates conflict of interest and jurisdictions, but also creates a roadblock and one may also land up in a state of drift. A special care has been taken to ensure the absence of ambiguity. Assessment of Dimension 9.2: Equity and non-discrimination in the decision-making process: policies are formulated through a decision-making process that draws on inputs from all concerned. The legal framework is non-discriminatory and institutions to enforce property rights are equally accessible to all Dimension Land policies and regulations are B A comprehensive land policy exists or can be developed in a participatory manner inferred by the existing legislation, and 9 2 1 involving all relevant stakeholders. sections of the community affected by these decisions are informed, but feedback is usually not sought or not used in making 139 decisions Land policies address equity and poverty B Land policies incorporate clearly formulated reduction goals; progress towards these equity and poverty objectives that are regularly and meaningfully monitored but 9 2 2 are publicly monitored. their impact on equity and poverty issues is not compared to that of other policy instruments. Land policies address ecological and B Land policies incorporate clearly formulated environmental goals; progress towards ecology and environmental sustainability objectives that are regularly and 9 2 3 these are publicly monitored. meaningfully monitored but their impact is not compared to that of other policy instruments. The implementation of land policy is D The implementation of land policy is not costed, matched with benefits and costed and there is inadequate budget, 9 2 4 resources and capacity to implement the land adequately resourced. policy. There is regular and public reporting Formal land institutions report on land policy 9 2 5 indicating progress in policy implementation in a regular and meaningful way but reports are not made public. implementation. Land policies help to improve land use Policy is in place to improve access to and by low-income groups and those who productive use of assets by poor and 9 2 6 marginalized groups, is applied in practice, experienced injustice. but is not effective Land policies proactively and effectively Policy is in place to prevent settlement in 9 2 7 high risks areas but which is not enforced. reduce future disaster risk. Analysis of Dimension 9.2.1: Involvement of all Relevant Stakeholders in Developing Land Policies and Regulations A comprehensive land policy can be inferred by the existing legislation and circulars. There are old classical laws, like the Bihar Tenancy Act, 1885, the Chhotongpur Tenancy Act, 1908, the Santhal Paraganas, Tenancy (Supplementary Provisions) Act, 1949, Bihar Land Reforms Act, 1950 and the like in yesteryears, regarding which it is not possible as of now to say whether beneficiaries or affected interest groups / people had been consulted or not or feedback taken or not. However, it can be said that, the above tenancy laws were born to meet special contingency in determining the relationship between landlord and the tenant. Successive revenue laws after Independence were enacted with a special demand on the political system. People were reeling under the atrocious zamindari system and its abolition was the product of a social and agrarian demand. Ceiling law came in the wake of focus on distributive justice to break the concentration of landed assets and distribution of surplus land among the landless. The law of consolidation, Bhoodan, Public Land Encroachment etc. reflected the need of the hour. Recent enactments were based on the following factors. 1. To meet a special contingencies as presented by changing times 2. Discussion and deliberation at field and head quarters level regarding the deficiencies in existing laws or absence of an appropriate and relevant law. 3. The felt needs of the weaker section of the society as perceived by the authorities at head quarter & field levels and as demand as ventilated by the target groups. A striking example of felt need as mentioned above is the Bihar Mahadalit Land Purchase Policy. The government had set an ambitious target of providing house sites to nearly 2.25 lakh, house-siteless mahadalit families in Bihar. Apart from three land streams, viz. Gairmazarua Aam, Malik and BPPHT lands, a fourth land stream was evolved on the basis of feedback from local officials & beneficiary, that is, purchase of land, where land 140 from the other three land streams was not available. Similarly, power for the grant of Gairmazarua Aam land was earlier vested in the cabinet. In the light of feedback and to cut down procedural delays, the power of sanction was delegated to Divisional Commissioner by a cabinet decision. Summary of Bihar Land Dispute Resolution Act was published in newspapers for general information to enable and encourage people taking recourse to this act. All the laws and policies promulgated during the recent years are available on web site of the revenue and land reforms department and accessible to all including target groups. The proposed Building Bye Law, 2013 has been placed on the website of Urban and Housing Department for seeking public opinion. Regarding land acquisition, certain policies, beneficial to land-losers were formulated in last six years in light of representation and grievances ventilated by interest groups in many districts of Bihar at district level. For example, the highest rate of land of a given class in a given mouza will apply to the same class in another mouza provided both the mouza are covered by the same scheme/project. Further, the classification of lands may be re- determined overriding entries in land records from agriculture to residential to commercial, in case there is a potential of such conversion in near future in the land acquisition area. This has helped the administration elicit prompt and proactive response and cooperation from the land losers. Analysis of Dimension 9.2.2: The Goal of Equity and Poverty Reduction through Land Policy and its Monitoring In Bihar, concerted efforts have been made during the decades following Independence to address land policies to equity & poverty reduction goals. Close monitoring of the progress is done at monthly interval at the State Level. Land is the crux of most of development activities, including educational, industrial and infrastructural development activities. Many projects remain a non-starter if land is not made available in time whether it is public land or private land. Many projects for which land was partly arranged remain hanging in balance, till the requirement of additional lands is met. The policies programmes and laws in state government especially formulated recently have been people centric, equitious and inclusive. They aim at poverty reduction with equity, with the ultimate objective of covering the utterly landless and resource less segments of the population. Through policy statements of the state government land acquisition processes were tilted in favour of land losers. Special care was taken to provide land to the housesiteless Mahadalit families in Bihar. The survey of such families was conducted in two phases. In the 2nd phase care was taken of families left out in the 1st phase. Addressing policies to equity concerns, gender equity was ensured in two ways (a) by ensuring that sale deed were executed in favour of female beneficiaries exclusively in land purchase policy of the Mahadalit. Similarly, an amendment was made in the ceiling law of the state to ensure that 50% of the surplus land beneficiaries were women exclusively. The parcha/pawna of lands issued to land allottees is also being made in the joint name of wife and husband. The wife’s name is written first followed by husband’s name. The State Government also provides the land for link roads in Bihar under the belief that there would be economic growth of far flung tolas inhabited by the poor by extending road connectivity to them. The schemes of many other departments revolve around land. What purpose a bi-cycle for school going residence is served, if the tola is not connected with main road? One major roadblock in rural development is the identification and registration of share croppers. It does not seem to be a working proposition now. What was true to Kerala in 1971, the same thing could not materialize in West Bengal (1974). All over India, tenancy reforms 141 have been forgotten for want of political will and things have been left to take care of themselves. If pushed through, under pressure, the existing tenants will be evicted by land owners, afraid of losing lands. Hence the idea gaining ground now is to allow forces of social equilibrium and inter-personal accord to let share cropping be pursued in mutual interest of both the parties. It is almost impossible to launch and come out survey of share croppers on mass scale. Nonetheless, in Bihar Tenancy Act, section 48(E) is usually invoked by the share croppers who have got anything to say against the land owners. The matter goes to a Revenue Arbitration Board, which is free to collect local evidence on a case to case basis. This element in law takes care of equity concern vis-à-vis the sharecropper. There are NABARD / RBI guidelines stating that no collaterals need to be furnished for agricultural credit upto Rs. 50,000/, ensure agriculture credit to sharecropper. Ensuring security of tenure under section 48(E), coupled with facilities for institutional credit leads one to the goal of economic growth with social justice. The land policies of the State Government address equity and poverty reduction goal. As mentioned above, surplus land has been allotted to economically weaker section people for the purpose of equity, livelihood and dignity. Dispossession issues have not been properly addressed in Bihar, resulting in equity concerns unattended. It is one thing to assign public land to disadvantaged group and another to ensure their continuous possession over the same. Figures of dispossession of SC/ST and other deserving people are compiled on a regular basis in a fixed format in Bihar where dispossession or threatened dispossession is taken care of by the Bihar Land Dispute Resolution Act (through revenue court of D.C.L.R. in a time bound manner). Out of the land allotment made to 23,11,944 beneficiaries, the cases of dispossession was reported in case of 3126 beneficiaries (0.13%) involving an area of 2070.5 acres till 31st March, 2013. Possession was restored in case of 604 beneficiaries (19.32%) covering 481.35 acres. 2522 (80.68%) cases of dispossession is pending as on 31st March, 2013 involving an area of 1588.70 acre. It may be possible that certain instances of dispossession may not be reported by the poor people to the government for threat of harassment. Analysis of Dimension 9.2.3: Ecological and Environmental Goals through Land Policy and its Monitoring In Bihar, The Bihar Agricultural Land (Conversion for Non-Agricultural Purposes) Act, 2010 and Rules 2010 have already been passed. Certain riders have been provided in the Act and rules so that ecological/environmental concerns are not jeopardised. Bihar is one of the few states in the country to have passed the Bihar Agricultural Land (Conversion for Non Agricultural Purposes) Act which gives certain powers to competent authority in this regard in extremely limited way. Pollution and related issues, often interdisciplinary in nature, are duly taken care of by the Bihar Pollution Control Board, Department of Environment & Forest, Department of Industries and Department of Urban Development. With the new Land Acquisition, Rehabilitation & Resettlement Act, ecological & environmental concerns are addressed more stringently. Even in the previous land acquisition act these concerns were not altogether left in the lurch. There is a State Industrial Promotional Board, under the chairmanship of Development Commissioner, which enquires into pollution & other factors, besides the availability of land & water for upcoming industries. The Second Agriculture Roadmap prepared by the Government of Bihar, the sustainability and environmental concern were given prime importance. Progress under Agriculture Roadmap is being monitored regularly by the committee under the chairmanship of Chief Secretary. Watershed Development Schemes are being implemented in the state through Agriculture Department of the State Government and NABARD, wherein 142 sustainability and ecological concern has been addressed. These schemes are being monitored regularly by the implementing agencies and high power committee constituted under the Chairmanship of Development Commissioner. Analysis of Dimension 9.2.4: Cost and Benefit Analysis of the implementation of land policy The benefit-cost ratio cannot be worked out in a scenario where lands are to be distributed or settled free of cost to eligible categories of raiyats. The whole edifice of distributive justice rests on the government concern for the poor & resourceless. Government lands are settled with eligible raiyats belonging to poor landless and resourceless families without charging any price. Lands are settled by the Industries Department though the instrumentality of BIADA to entrepreneurs on lease basis with certain conditions. The market rate is being charged from the allottees along with developmental/administrative cost. However, the annual appreciation costs are not charged. Here also the main concern is development of industry and entailing job avenues for unemployed. The sole revenue earning policy of the Government of Bihar is the New Khas Mahal policies. The government settles the khas Mahal land on a periodic lease basis after taking current market value of land as initial salami. Subsequently, 2% of that amount is taken for residential leases and 5 percent for commercial leases on an annual basis. At the time of renewal, at the end of 30 years, renewal salami worth 10 per cent of current market value is charged for all types of leases. Similarly, in violation cases there are punitive measures including financial ones and evictions. This exercise of leases hardly calls for any budget resources for sustenance. Land acquisition costs, in lump sum, are deposited in advance by the requisitioning body. In such cases benefit cost ratio are worked out well in advance. However, hardly any requisitioning bodies ultimately concerned with financial profit enter into a land deal through private purchase or land acquisition, where cost are higher than benefits. When a government takes resort to land acquisition for many public purposes, those may not be and need not be guided by profit motive, like educational institution, hospitals, old age homes and similar welfare philanthropic institutions and activities. All lands in Bihar including urban and rural, owned and possessed by private individuals are subject to appropriate rents, payable annually. Table 4.9.4: Collection of Land Rent during various years in Bihar Total Demand Total Collection Year (in Rs. Crore) (in Rs. Crore) 2007-08 100 27.46 2008-09 100 45.37 2009-10 110 39.16 2010-11 112 19.62 2011-12 140 28.03 2012-13 185 47.18 (Source: Department of Revenue and Land Reforms, Government of Bihar) Land transfers, under the Transfer of Property Act, as are subject to registration, entail payment of registration charges, stamp duty and other miscellaneous charges. However, Registries, all over Bihar are fully computerized and self-sustained. Analysis of Dimension 9.2.5: Report on Land Policy Implementation Public reporting indicating progress in policy implementation is monitored regularly by the concerned department at various levels. 143 In the website of the Revenue and Land Reforms Department, Urban Development Department, Registration Department, Forest Department, Municipal Corporation, Organization Chart, Acts, Rules, Circulars, Proceedings, Land Acquisition Notices, Allotment Orders, Guidelines for various schemes, best practices, annual reports, notices, Draft Rules / Acts for seeking public opinion etc., are loaded. Public can easily see the above parameters of the department. Different formats have been designed for reporting progress on each parameter on monthly basis and are being reviewed at state level on a monthly basis. However, the progress report is not uploaded on the website. For land acquisition, detailed notification is made in local newspapers for the purpose of public reporting. Policies, which are in place in Bihar, are regularly monitored at various levels as regards their implementation. The Circle Officers hold weekly staff meetings with grass root level functionaries and review progress of implementation. The Collector holds regular review meetings at district level with all concerned officials including officials dealing with land The Divisional Commissioner holds frequent reviews with Collectors. It is also a fact with administrative life that Circle Officers & DCLRs are in regular and constant touch with each other. Because of the small area of a DCLR’s, sub-division, the DCLR & Circle Officers are part of a close knit family. State Government review the progress of implementation on monthly basis from the ADM, Land Revenue. Regular meeting is conducted at the state headquarter on last Monday of every month, where in Principal Secretary, Revenue and Land Reforms review the progress on each and every aspects of land governance. Informal channels of review & instructions on policy implementation are also in practice, which in no way is less important than formal reviews and instruction, because this indeed create a sense of urgency by them. For land acquisition, detailed notification is made in local papers for the purpose of public reporting. Analysis of Dimension 9.2.6: Land Policy to Improve Access to and Productive Use of Assets by Poor and Marginalized Groups Successive policies of the State Government have pursued the goal of improving access to and productive use of assets by poor and marginalized groups. These policies applied in practice and effective. Land policies for allotment of surplus land to the landless people for livelihood /production, helps in improving the use of land by low income group. A total number of 23,11,944 landless families has been allotted land till 31st March, 2013. Policy of construction of Apna Ghar, Ranbasera, etc., is meant for low income groups and those who experience injustice due to poverty. Similarly allotment of homestead site to 212472 numbers of mahadalit families helps low income group who have experience injustice in having their own home sites. Category wise distribution of surplus ceiling lands also indicates the preference given to Schedule Caste, Schedule Tribe and Other Backward Caste community people, which constitutes 81.23% of the land allottees. The details can be seen from the following table. Table 4.9.5: Category wise distribution of surplus ceiling land in Bihar as on 31 st March, 2013 Category No. of Beneficiaries Area in acre 228700 170793.63 SC (64.16%) (62.50%) 29140 25350.33 ST (8.18%) (9.28%) OBC 31681 24844.95 144 (8.89%) (9.09%) 66910 52262.73 General (18.77%) (19.13%) Total 356431 273251.6 Figures in bracket shows percentage (Source: Department of Revenue and Land Reform, Govt. of Bihar) Although Bataidari / sharecropping in Bihar is mostly oral, policy framework has been developed for giving agriculture loan to bataidar upto Rs. 50,000/- on their simple declaration that they cultivate so much of land as sharecropper. These self declarations are to be certified by the Mukhiya of the local Gram Panchayat / President of the farmers club. There is no need for any collateral security for obtaining agricultural loan upto Rs. 50,000/-. In Bihar, the Urban Planning and Development Act 2012 has been passed which helps to improve low income groups. The proposed building bye-laws 2013 provide for zoning restrictions on land uses as well as accessibilities of the economically weaker section to land use. But it is not implemented meticulously in Bihar resulting into haphazard construction of houses in urban areas of Bihar. Provision of Basigat Purcha to the houseless poor is being provided in the rural areas of Bihar. Slums have been identified for provision of shelters to slum dwellers. A clear and transparent slum policy has been prepared and approved. However the goal of these mechanisms is still far away. The State Government has decided to make available 3 decimals of land for the construction of households of their own to the Mahadalits at the government level. The progress of provide lands to mahadalits is much satisfactory. A large number of mahadalits families have been benefited by this policy of the government. It can be said that the policy of the government in this regard is very useful to poor people of rural areas of Bihar and it was implemented successfully in the state due to commitment of the state Government. The house sites allotted to mahadalit families from various types of government land in Bihar is given below in table. Table 4.9.6: House sites allotted to mahadalit families from various types of government land as on 31st December, 2013 Raiyat land Gairmazruha Gairmazruha purchase Particulars BPPHT Act Total Malik Aam (Grihsthali Yojna) Phase I 67343 33792 46839 37227 185201 Phase II 11754 3943 8368 3206 27271 Total 79097 37735 55207 40433 212472 (Source: Department of Revenue and Land Reform, Govt. of Bihar) Policy to ensure delivery of low cost building does exist and is in place. Bihar Housing Board (BHB) and Housing and Urban Development Corporation (HUDCO), Government of India, have been constructing and providing for housing for EWS, LIG, MIG and HIG. Majority of housing units are meant for EWS and LIG groups. Under Indira Aawas Yojana, house construction is being done in the rural area for the weaker section of the society. Under Rajiv Aawas Yojana (for urban area), the state has started a modest beginning by approving the projects of construction of 40,746 houses for EWS under 27 ULBs of the states with a cost of 16.66 crores. In principle, approval has been given by the state level sanctioning and monitoring committee. The proposal is being sent to Government of India for 145 approval. A 15 per cent reservation has been proposed in Draft Building bye-laws (2013) for EWS (Economically Weaker Sections) of the population. Currently HUDCO has been allocating its loan disbursement which is illustrated in the following table. Table 4.9.7: Allocation of loan disbursement for house construction (a) Economically Weaker Section 30 per cent (b) Low Income Group 25 per cent (c) Middle Income Group 25 per cent (d) High Income Group 20 per cent (Source: HUDCO Office, Patna) The government is providing housing to economically weaker section under Integrated Housing for Slum Development Programme (IHSDP) and under Basic Services for Urban Poor (BSUP). Similarly, the provision of link road in remote and far flung areas inhabitants, mostly poor, will go a long way in improving access and connectivity to the poor people. Analysis of Dimension 9.2.7: Land Policies to Reduce Future Disaster Risk As mentioned in land policy, the settlement in high risk area is prevented. Appropriate zoning has been done for risk mitigations. Land utilization policies of the government also address the core issues of disaster management. Special care is being taken in construction of houses in seismic zone. Construction of houses in riverbed or riverbed site has been restricted. The height of the building near airport is restricted, minimum distance has been prescribed for the house from high-tension electric wire, dumping yard and petroleum depot. All above policies and restrictions have been made to proactively and effectively reduce future disaster risk. However, the implementation of this policy is deficient. 4.9.3 CONCLUSION Land governance is a state subject and the department of Revenue and Land Reforms is the principle department in the context of Bihar. Regarding institutional structure, the said department is well organised and duties and responsibilities are clearly delineated for effective land governance. However, the department is suffering from huge crunch of manpower. Shortage of manpower is evident in all layers of the department and shortage is very at the grass root level layer of the department. Condition related to manpower is almost same in the other relevant department. Apart from manpower there is lack of skill to effectively perform duties also evident. The non-availability of adequate infrastructure especially at the grass root level became the reason for gap maintenance of record related to land. There is a clear separation in the roles of policy formulation, implementation and arbitration and there are hardly any overlap exists in assignment of responsibilities. Even if any technical overlap crop in it does not last longer. However, though there are gaps in implementation of rights. There are large numbers of cases of civil disputes pending in the different courts of Bihar. The percentage of land related cases with respect to civil cases varied from 70-82 percent till 2010. The silver lining in this regard is the enactment of Bihar Land Dispute Resolution Act, 2009. It has been observed that the land related pending cases dropped significantly after passage of this Act. There are large numbers of disputes cropped up due to non-availability of updated land record. There is limited scope of ambiguity in the institutional mandate as different Acts and Laws related to land clearly & unequivocally determine and define the respective jurisdiction of original, appellate and revisional authorities and scope of any ambiguity eliminated. The policies are developed and amendment introduced to ensure equity and social justice as well to incorporate demand by the target group the experience gained through implementation and feedback from grass root level officials. The land policies of the government address equity and poverty reduction goal. Though there are some safeguard provided for safeguard to under raiyat but their right 146 has not recognised properly. Though there are policies to ensure ecological and environmental balance, it also needs to be strengthened. The implementation of policies is monitored effectively formally and informally on regular basis; however there are also cases of dispossession, encroachment etc in the context of Bihar. 4.9.4 STRENGTH 20. There is clarity of mandate and practices in regulation and management of land sector in Bihar. 21. Original, Appellate and Revisional Authorities have been clearly defined under respective Revenue Acts. 22. Bihar Land Tribunal hears the appeal cases which have been decided at the revisional/final level of the revenue quasi-judicial hierarchy. 23. Policies are formulated at the government level and programmes emanating there from are implemented/ supervised at the anchal/sub-divisional/district/divisional level. 24. Conflicts/disputes resolutions with regard to dispossession of public land allottees, as well as private land disputes, are the priority on the part of anchals and police station concerned. 25. Setting up of separate revenue cadre in state will strengthen institutional arrangement in due course. 4.9.5 BEST PRACTICES 26. Creation of Separate Revenue Cadre The State Government has created a separate revenue cadre in the state vide notification number 4020 dated 15th January, 2010. Creation of separate Revenue Cadre is a step forward in the direction of improved and efficient land governance. The sanctioned posts for various revenue officials have been created vide this notification, right from Circle Inspector to Additional Collector / Dy. Director, under various sections of Revenue Department. Since these officials will remain in the Revenue Department throughout their career, their training, grooming and experience in course of time will help them to discharge their duties efficiently and effectively. 4.9.6 WEAKNESS 27. There is no rural land use policy and land use board in the state. 28. E-linking of computer of registry office with circle office has not yet been done. 29. All land related departments are suffering from large shortage of staff. 30. 15-20 percent of cultivators are oral bataidars. Land owners used to rotate the oral bataidar on every two to three years. Due to this reason, the bataidars do not make long term investment in land. 31. Circle Officers drawn from various departments may lack specialized expertise to discharge duties with regard to land revenue administration. However this problem has been taken into consideration by creating separate revenue cadre. 32. Under the BLDR Act, Deputy Collector Land Reforms (DCLR) is the competent authority, but their functions as presiding officers, are not regularly supervised by respective District Collectors. 33. Many Directors under Land Reforms and Revenue Department are running under dual charge resulting in inadequate attention. 34. There is a wide gap in capacity building initiatives for revenue officials and officials of all other land related department to upgrade and sharpen their skills. Even under Special Survey and Settlement Operation, modern technology is being used for preparation of record of rights and generation of revenue maps, but most of the 147 officials/staff engaged with this work are not conversant with the modern systems, knowledge of ETS/DGPS etc. 35. Sub-divisional Officer is the controlling officer in the sub division. Sometimes the Deputy Collector Land Reforms (DCLR) is senior to their Sub-division Officers. It creates ego problems. The sub divisional officer is not the controlling officer of DCLR. DCLR is responsible to the Collector through Additional Collector. SDO’s responsibility in revenue is confined only to Bihar Agriculture Land (Conversion for Non-Agricultural Purpose) Act where in SDO is the competent authority for permitting conversion. Secondly, SDO has the power to settle Gairmazarhua Malik land with eligible categories of raiyat. 36. There is no unified system for collection and maintenance of data for land possessed by different State Government Departments, Central Government Departments and Public Sector Corporations. These data are not available. Hence, information regarding the management of these lands is lacking. 37. People are facing problem in getting maps, land possession certificate, copy of khatiyan and record of rights due to non updating of the land record, its computerization and digitisations. 4.9.7 POLICY RECOMMENDATION 4.9.7.1 Short Term 1. A State Land use Policy based on existing laws and policies should be developed. A Land Use Board in Bihar should be set up for formulating the Land Use Policy, making 10-15 years perspective land use plan and monitoring the implementation of land use plan. 2. Government should devise a unified system in Revenue Department for collection of data for land possessed by different State Government Departments, Central Government Departments and Public Sector Corporations. Each department should maintain and update the status of the land they possess. This will help in efficient management of land in future. 3. Set up an effective Grievance Redressal machinery for the people of the state. 4. A vigorous special / massive time bound programme should be started, focusing on giving possession to dispossessed persons, with proper co-ordination between revenue and police officials. A need based system of summary trial may help in solving the dispossession cases in rural areas of Bihar. 4.9.7.2 Medium Term 1. Enumerating Common Property Resources (CPR), Common land and public land in every National Sample Survey (NSS) should be made mandatory. An inventory of common property resources, common land and public land should be prepared and make it available on public domain for public scrutiny. 2. Special survey should be completed within the prescribed time framework. Computerization of record of rights and digitization of maps based on special survey should be completed by 31st March, 2016. Special drive should be launched to update land record jointly by all concerned department. 3. E-Interlinking of Land Records with Registry in entire state. 4. Capacity Building need to be greatly enhanced as the existing training facilities is inadequate. With wide spread use of modern technology, there is a greater need for the training of the staff at various levels. The existing training institutions should be suitably upgraded. The training syllabi should be such that, besides upgrading the skills of trainees to enable them to discharge their duties more competently, they also get an exposure to the technological and human relations dimension of modern land 148 administration. Capacity building programmes on process, procedure and technology use should be designed and implemented, sooner. In order to attract better professionally qualified trainers in training institutions, adequate financial and other incentives should be provided for. 5. The halka karamcharis should have an office of their own. They can be accommodated in the proposed Gram Panchayat Bhawan. 6. It is also necessary to rationalize the jurisdiction of Circle Officer. An inspector cannot supervise effectively the work of more than 8-10 halka karamcharis. Depending upon the same, additional posts may be created. 1. Provision for sufficiently trained and qualified manpower in the survey and settlement departments should be made. Latest tools / machines and adequate budget should be provided to complete the special survey by 31st March, 2016. 2. Filling of the vacant, sanctioned posts in all land related departments need to be undertaken, on urgent basis, to improve revenue administration and strengthen related institutional arrangements. 3. Awareness creation programme should be launched on a massive scale. In Bihar, a comprehensive set of measures should be undertaken involving legislative, administrative and public awareness building to ensure the rights of the tribals over land, forest, water, minor forest produce, and mineral resources. 4.9.7.3 Long Term 4. The status regarding office and residential accommodation for the staff of revenue department, at various levels is unsatisfactory. The Government may take necessary steps in this regard. 1. Supervision, Inspection and Monitoring constitutes the backbone of institutional arrangements. Detailed norms have been laid down by the state government / Board of Revenue, Bihar on this. These norms are either ignored or carried out in a rather perfunctory manner. The need for close supervision is felt more with the introduction of modern technology. The state government should review these aspects thoroughly and revise these norms, and ensure adherence of norms. Supervision / Monitoring mechanisms need to be strengthened at every stage starting from state head quarter to the circle office level. 2. Amendment of various acts (Bihar Agriculture Land Act, 2010, Bihar Land Reforms Act, 1961, Bihar Special Survey and Settlement Act, 2011, Bihar Land Dispute Resolution Act, 2010, Bihar Land Tribunal Act, Registration Act etc.,) as suggested in panel 1, panel 2 and panel 8 can be attempted on priority basis. 149 CHAPTER – 5 SUMMARY & RECOMMENDATION 5.1 SUMMARY Land is one of the most critical and important resources for inclusive growth in the state as 2.88% of India’s land mass support 8.58% of the population of the country. A balance in land use for industrial purpose and agriculture is essential for this predominantly agrarian economy. Given this background the situation calls for an efficient, transparent, accountable and equitable land governance system. The present study is an attempt to assess the status of land governance in the state of Bihar by using the Land Governance Assessment Framework of the World Bank in 9 LGAF theme consisting of 27 land governance indicators (LGI) and 116 dimensions. Since independence Bihar has taken proactive measures to ensure legal land rights over land of individuals in rural and urban areas through legal provisions and enactment of a large number of Acts and Rules. There is recognition of land rights in urban areas against lands held by individuals, households, apartments, group housing, commercial complexes, slums and the like. For equity purpose, house sites and land for production were allotted from various land streams in favour of economically weaker sections of society. In recent years several initiatives have been taken to give land rights to women. Still the proportion of land in the name of women is very less. Steps were initiated for checking encroachment, dispossession or threatened dispossession and land dispute resolution by enacting Acts and Rules. There is no dearth of legal provisions. However, the areas of concern are deficient implementation of Acts / rules, non-completion of revisional survey, slow progress in special survey, poor availability of Record of Rights (RoR), un-updated record of rights, lack of Land Use Policy and Plan for rural areas in Bihar. Perspective land use plan and their integration in the state plans and the national perspective development plan are required. A significant section of RoR is outdated. The Cadastral Survey concluded almost 100 years ago. There is a gap in updating land record with proper survey and settlement operations after cadastral survey. Though the Revisional Survey started in the decade of 1960s but it had been completed in only 12 districts. The revisional Survey started but not completed in 14 districts and in 12 districts it was not at all started. Even where it was completed it took long time, so the data became obsolete. Though the computerisation of land data is initiated in the state but they are digitising the old data which have little relevance with the ground reality. The forest and common land are clearly identified in Bihar and the same are recorded as such. Due to absence of proper survey, the demarcation of forest land is a matter of concern. In major urban areas, common land has been identified and arrangements have been made to construct boundary walls to protect them from encroachment. There is no user’s right as such in 13 national parks / wildlife sanctuaries in Bihar. Though there is hardly any group right over forest produce, but the usufructuary rights of users on natural resources and forest produce is recognized and the Joint Forest Management Committee is instrumental for ensuring this. The implementation of Forest Right Act (FRA) in the context of Bihar is very tardy. Another area of concern is the steady erosion of village commons/common property resources. These lands are encroached on or no rejuvenation plan exists after change in nature. It is found that common land related cases are not diligently pursued and hardly any case is filed against illegal jamabandi of common land. Removal of encroachment from common lands and implementation of FRA with right spirit are the need of the hour. There is a significant increase in the urban population in Bihar. The Municipalities and Urban local bodies suffer from unplanned spatial expansion of urban area. There is no 150 approved Master Plan except 28 City Development Plans prepared under JNNURM. Activities of urban development are primarily guided by the Bihar Municipal Act. To enhance quality of service delivery, the service standard has been adopted for each activity by setting time – line, authority, appellate authority and reviewing authority. The GIS-based mapping also has been started in different towns. The state government has adopted policies to ensure low cost housing in urban areas and the tenural security for slum dwellers also provided through the recent Slum Policy. The coverage ratio and collection of property tax is also less. Formulation of Master Plan for guided urban development, removal of encroachments, construction of proper drainage and sewerage system are the most important concerns. Since the Cadastral Survey the public lands under different categories have been identified and recorded. The authority and criteria for management of public land are also clearly defined and the information related to public land, though not updated, available at various offices under Department of Revenue and Land Reforms. Government can distribute and settle common land to landless people only when the nature of the land changes and with prior approval of Gram Sabha. The state government has not yet come up with any policy related to Gairmazruha Aam land in urban areas. A large amount of public lands under different categories like Gairmazruha-Khas/Malik, Gairmazruha Aam, Ceiling Surplus land and Bhoodan Land have been distributed amongst weaker sections for livelihood support and for providing housesites. Reasons of unsuitability of each category of public land should be identified and strategy for making them suitable for distribution should be developed. Ensuring possession of the beneficiary on distributed land is a matter of concern. Regarding record of rights, a large section of the record of Public Land are based on Cadastral Survey, conducted almost 100 years ago and due to in-completion of Revisional Survey and non- computerization of records, some records are in dilapidated condition. However, a legal platform has been created through special survey to conduct abridged survey and settlement adopting modern technology. The lands are acquired mainly for public purpose through Department of Revenue and Land Reforms and by District Land Acquisition Officer and District Collector. Land to private investors is being allotted by BIADA based on the clear and transparent criteria and process. However, providing compensation to the land loser is an area of concern as the record of rights are not updated and there is no system of providing compensation to the share cropper and other people affected by the land acquisition who do not have legal rights over land. Provision has been made in the Bihar Resettlement and Rehabilitation Policy, 2007 to provide relief to the people who earn livelihood on acquired land and have been rendered unemployed for 1 to 3 years. Independent and accessible avenues for appeal against land acquisition and compensation exist in Bihar. In Bihar, most of the lands acquired in last seven years are for public purposes only. For transferring land to private investors, requisitioning body BIADA follows a clear and identified process which is transparent and based on pre-fixed criteria. It has adopted service standards for effective service delivery. The total plots available to BIADA in an industrial area are demarcated in various categories and for allocation of these plots to investors BIADA follows a clear and transparent evaluation process which is based on the information provided by the investors depending on many pre-fixed criteria. Project Clearing Committee (PCC) evaluates investment proposals and gives approval. BIADA also monitors compliance of contractual obligations by the investor. Difficulty in identifying the actual title holder obstructs the process of land acquisition and compensation. There is no system of sharing benefits arising from changes in permitted land use with the people as well as no provision in the policy to improve equity in asset access. The state government has set up Social Impact 151 Assessment Unit under new Land Acquisition Act, 2013. The inter–institutional coordination system with all related departments needs to be strengthened. The Registration Offices have been fully computerised in the state. Since 2006 all the data / documents have been digitised and are available in digital form. The computerization model of registration office is self sustaining and has received Prime Minister’s Award for its self sustaining nature of management. There is a clear, practical process for the formal recognition of possession in Bihar. Though the non documentary proof does not have conclusive evidence and they have less strength than the formal documents and takes lot of time in recognition of claim, yet the non-documentary form of evidence is used to establish recognition of a claim to land or property through quasi-judicial / judicial process. In Bihar, legislation exists to formally recognize long-term, unchallenged possession. However, formal recognition is granted to very few or no applicants for recognition on either public or private land. The cost of stamp duty is 8 per cent in Bihar which is higher in comparison to other states and government of India norm of 5 per cent. Some exemption in stamp duty has been provided to promote agriculture, industries, IT and communication sector in the state. Due to non-linking of computer of registry office with Circle Offices, automatic mutation and automatic updation of records are not facilitated. The data related to registry are available from the year 2006 in digital form. Hard copies of registered documents from Registry Offices are being provided on the same date. Registry office is following the prescribed service standard scrupulously. The registry fee has a clear rationale, their schedule is public and all payments are accounted for. There is clear process of land valuation in Bihar. The minimum market value of land and other immovable properties are determined following Indian Stamp Act, 1899 (Act II of 1899) and notification by Registration Department, Government of Bihar. Minimum Market Value Registers (MVR) for various types of land / building / flats based on their location and use have been prepared and regularly revised and updated at district level by a committee headed by District Magistrate. Valuation of land based on MVR is also applicable for land acquisition for calculating compensation. The process of property valuation based on Annual Rental Value (ARV) located on different types of roads and different uses are very clear. Valuation roll is publically accessible at every registry office / municipality / website of municipality at Patna and Muzaffarpur / website of Registration Department. Though individually, the revenue from the land rent and holding tax are not sufficient to meet the cost of tax collection, but considering amount of collection from all the sources including stamp duty and registration fee, the total collection is between 1 to 3 times the costs of collection. The collection of land rent is poor, compared to the collection of registration and property tax. The coverage ratio is very low in the state. The adoption of self-assessment of holding tax and penalty for wilful suppression will help in better collection of property tax. In dispute resolution and conflict management with respect to land, responsibilities are clearly assigned unambiguously. The enactment of Bihar Land Dispute Resolution Act, 2009, and establishment of Bihar Land Tribunal is a milestone in respect of land dispute resolution. The disposal of cases has significantly improved after this Act and establishment of tribunal has lessened the burden of civil courts and high court. Even the cost in getting justice is less (compared to situation before) under this process because of speedy disposal of cases. The Bihar Land Dispute Resolution Act is omnibus, cost effective and time effective. Alternate dispute resolution mechanism such as lok adalat is also gaining momentum in the state. Gram Panchayat has also been empowered and strengthened with ‘Nyaya Mitra’ to dispose of suits of lower valuation. Land governance is a state subject and in Bihar there is well structured set up for effective land governance with the Department of Revenue and Land Reforms as the 152 principle department for land administration. The work relating to land records and survey, land acquisition and land consolidation are being looked after by the respective directorate under the Revenue and Land Reforms Department. Other matters pertaining to land administration such as land ceiling, bhoodan land and other related matter are being looked after by the different sections of the Revenue and Land Reforms Department. Besides, Urban Development Department, Forest Department, Registration Department and Industries Department are also involved in land administration in some way or the other. The role and responsibility of functionaries dealing with the land administration, regulation and management are clearly defined and there is a clear separation in the roles of policy formulation, implementation and arbitration in the context of Bihar. The major concern in the land administration in the state is lack of proper land use policy, land use plan, poor infrastructure with the concerned department, lack of trained manpower in the concerned department, obsolete land records. The major initiative in the revenue department is the creation of revenue cadre in the state. The equity concern for the economically weaker section of the society and land rights to women are the driving force of the state policy of land governance. 5.2 KEY POLICY RECOMMENDATIONS The following theme wise recommendations have been made based on the findings of the study. The recommendations are classified in to three timeframes viz. short term, medium term and long term, to facilitate implementation. 5.2.1 Land Right Recognition Short Term 3. Comprehensive circulars/ guidelines of allotment of homestead land covering BPPHT Act 1947, Gairmazarua Aam land, Gairmazarua Malik land and allotment of 3 Decimal of Rayati land along with check list should be developed and made available to Circle Office for ready reference. 4. Survey/Resurvey work has been taken up in Bihar on priority basis, under the Bihar Special Survey and Settlement Act, 2011. District collectors have been made in charge as settlement officers of the respective districts in the Act. Since the survey operation is technical in nature, it requires day to day monitoring, and disposal of cases in the camps by junior officials. The collector of the district has hardly any time to monitor the day-to-day operations of the Survey/Resurvey, organization of camps, disposal of cases, grievance redressal etc. It is advisable to have a full time settlement officer to look after all these activities. 5. Since ‘continuous khatiyan’ is being prepared in the districts before the Survey/Resurvey operation, the Continuous Khatiyan, so prepared, should be verified and authenticated by senior revenue officials. They should be asked to put their signatures after verification so that the entries made in the ‘continuous khatiyan’ match with the ground realities. Medium Term 6. Special survey should be completed within the prescribed time frame. Computerization of record of rights and digitization of maps based on special survey should be completed by 31st March, 2016. 7. Formulate Land Leasing Policies to ensure land rights in favour of share croppers and economically weaker sections. This will facilitate availability of bank credit to them and motivate them in investing for long term infrastructure in farming. 8. Around 279 land ceiling cases, involving about 26000 acres of land, are pending in the High Court of Bihar. The State Govt. has started reviewing the cases and chalking 153 out strategy such as empanelment of competent advocates and request to Chief Justice to constitute separate bench to hear all the pending cases expeditiously. 9. All the government land, such as ceiling surplus land, bhoodan land, homestead land, gairmazarua aam and gairmazarua khas land which is stated to have been distributed to the landless poor should be physically verified to see whether the assignees are in possession of these lands. There is a need to physically verify all the land given SCs and STs by involving landless poor, local youth and SHGs of Women, under the overall supervision of Revenue Authorities. Effective steps should be taken to give possession of land to such persons. 10. State should prepare and maintain an inventory of all ceiling surplus land, bhoodan land, gairmazarua aam, gairmazarua malik and khasmahal land and make it available for public scrutiny. 11. All cases of alienation or transfer or unauthorized occupation of land, in violation of existing laws, should be identified and necessary steps should be taken to restore the land back to the poor. All the restored land should be recorded in the name of women family member to increase women’s stake in land. The Registration Department should strictly be instructed not to entertain any transaction of these land allotted to poor by government. 12. Exemptions to religious, educational, charitable, research and industrial organizations as well as plantations and aqua farms under the Land Ceiling Act should be discontinued. These institutions should not be allowed to use more than one unit of 15 acres. Long Term 13. State should revise its ceiling limits. The proposed limit should be around 10 acres in the case of irrigated land and 15 acres for non-irrigated land. 14. Recommendations on Amendment of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. The following modifications are required in some section of the above Act: 1. Section 45B of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, empowers the state government (Minister in the instant case) to reopen the cases disposed off by the collector. Keeping in view the timely disposal of the cases, it is advisable that this power should be exercised by the Divisional Commissioners. There are many issues in land ceiling. Various issues which might have been raised and adjudicated at various forums. Any authority or land holders, at any point of time, may inform that some points have not been raised earlier and that may change the decision in the case. Hence, power of reopening cases may be given to Divisional Commissioner based on left over points/issues. 2. In Section 21 of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, the land holders have been given facility to resume land cultivated by an under raiyat within the ceiling area. These facilities are retrograde and should be withdrawn. 3. Under section 21 of the Act, the under raiyat, after the acquisition of raiyati status, should have transferrable rights. This provision is fraught with the risk of sale under duress rendering the under raiyat landless. This provision should be removed/ deleted. 4. Section 22 of the Bihar Land Ceiling Act deals with the provision for an under- raiyat. To prevent benami transaction by the land holder, or to prevent entry of fake name in the relevant record, it would be relevant to make provisions by 154 recording non-transferable rights to under-raiyat so that the actual under raiyats, who are the tillers of the soil, may get benefit. 5. The State should impose ceiling not only on ‘Ownership’ of land holdings but also on ‘Operational’ land holdings to prevent concentration of large tracts of land through lease-in. A person/ institution/organization should not be allowed to own more land than the ceiling limit. 15. Enactment of Right to Homestead Land: Right to Homestead Land Act, just on the lines of Right to Service Act 2011, should be promulgated. Definition of homeless, procedure for survey to identify homeless and ways and means to provide house sites in the Act from various types of land, should be made clear. 16. Land Development: Land allotted to landless generally have problems such as salinity, alkalinity, water logging and soil degradation etc. Lot of opportunities are available for developing the land belonging to the poor by accessing various Central and State Government schemes existing now such as MGNREGA, Watershed Management Program and NABARD supported Rural Infrastructure Development Fund etc. The govt. should prepare an inventory of land for the poor who require development, and should also systematically take up land development work on those lands. Priority should be given to all land belonging to Scheduled Cates and Scheduled Tribes, first. As far as possible, land development work should also include provision of irrigation facility with priority to SCs and STs land. Along with land development, all other sustainable agriculture programmes available for increasing productivity of land should be linked to this land so that the poor can earn better income from the land 5.2.2 Forest and Common Land Management Short Term 17. Building Public Awareness regarding Common Property Resources (CPR), FRA, forest and environment. 18. The implementation of Forest Right Act should be geared up. The following actions should be initiated with regards to Forest Right Act: 19. Primary importance is to be given to Community Forest Resource Rights (Sec.3(1) i) of FRA. All villages/hamlets should claim and obtain Community Forest Resource (CFR) Rights and in case there are villages/hamlets which don’t claim or obtain CFR rights, it should be incumbent on the District Level Committee to record, in writing, the reasons thereof (see iv. Community Forest Resource Right’s ‘Guidelines on the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006; No.23011/32/2010-FRA (Vol. ii(pt.) ), Ministry of Tribal Affairs dated 12 Jul 2012. Further, the Gram Sabha should constitute a Forest Management Committee, as envisaged under Rule 4(e), to protect, conserve and manage the CFR area, including its resource use. 20. State Level Monitoring Committee should also monitor effectively the process of determining and approval of all the rights under Sec. 3(1) and (2) category wise ranging from: 1. Individual rights 2. Community rights 3. Rights of ownership, use and disposal of Minor Forest Produce 4. Rights to community tenures and habitat rights particularly to vulnerable tribal groups 5. Rights in and over disputed land 6. Rights of conversion of pattas or leases or grants 155 7. Rights of settlement and conversion of all forest villages, unsurveyed villages and other villages in forest, whether recorded, notified or not, in to revenue villages 8. Traditional rights 9. Right to in-situ rehabilitation including alternate land for displaced persons 10. Development rights under Section 3(2) 21. Patta Distribution in the name of women, as specified under the FRA, should be implemented, in letter and sprit, with greater vigour and efficiency. 22. Vulnerable Tribal Groups should be given exemptions with regard to filing of claims. A definite time frame should also be specified for settling their claims. Furthermore, there should be a provision for withdrawal of cases against PVTGs for minor forest offences filed by the State. 23. The state level committee should review and ensure that all cases of large scale rejection of claims (and modifications to what is claimed) are referred back to the DLC for their reconsideration and/ or rectification, following due process. Further, the process of acceptance of claims and implementation of FRA should not be subjected to arbitrary deadlines. The Gram Sabha is empowered to continue the process till the complete implementation of FRA. The committees at the higher level should not insist on any specific evidences for approval of rights decided upon by the Gram Sabha. Further, all safeguards under Section 4 of the Act, in respect of recognition of rights and resettlement, should be adhered to in case of critical wild life habitats, national parks and sanctuaries. 24. The Ministry of Social Welfare should ensure that the State Level Monitoring Committee send their reports on a monthly basis and take cognizance of the recommendations. The Ministry should follow up and take proactive steps at the State level through issue of advisories and / or directives under Para 5 of Fifth Schedule applicable not only for Scheduled Area but also to all Scheduled Tribes. Wherever necessary, the Ministry should not desist from taking legal and other appropriate action against offenders. Medium Term 25. Enumerating Common Property Resources (CPR) in every National Sample Survey (NSS) should be made mandatory. 26. Minimum area of Common Property Resources (CPR) in a village should be determined, keeping in view the growing trend in population / live stock. 27. Joint Forest Management (JFM) model could be followed as the development model for Common Property Resources (CPR). 28. Developing fresh land records (update the existing one) using modern Information Technology support. 29. State government, through its State Level Monitoring Committee constituted under FRA, should review all diversion of forests for non-forestry purpose since January 1st, 2008 and particularly from 30 July 2009. Whether consent for diversion is obtained from the concerned Gram Sabhas. Further, the committee should monitor and ensure that this guideline is complied with, in all future proposals of the State, for such diversion to ensure that the rights of forest dwellers are protected. 30. Ban should be imposed on diversion of Common Property Resources (CPR) for other purposes. 31. Steps should be initiated for removal of encroachment on common land / public land / forest land. The Gram Sabha should have the power to evict all encroachers from public land. 156 32. Rights of management of common land should be vested in the Gram Sabha of the Gram Panchayat, which will include the village wasteland, common land, land under public utility, government land, community land, dedicated land, etc. The right of settlement of land should rest with the Gram Sabha of the Panchayat. No settlement of Gram Sabha land should be made on a permanent basis. 33. The State government should ensure allocation of funds to the concerned Gram Sabhas for (a) protection and conservation of forests within the CFRs of the villages and (b) follow up counselling and guidance sessions post-FRA rights recognition to achieve the intended objects of FRA. 34. The processes of identification, of hamlets or settlements, for the purpose of the Forest Right Act (FRA), 2006 have been specified under Rule 2A of the FRA. The State should complete the identification process within a period of one year and ensure that the Gram Sabha of these hamlets constitute the Forest Right Committee. 35. In the Bihar Land Ceiling Act, section 27 deals with the allotment of surplus land to eligible categories. It also deals with earmarking a portion of surplus land for public purposes. In the consolidation law, community land also has to be set apart in the scheme. 36. Initiating fast track, time bound, process for resolving disputes on Common Property Resources (CPR) Long Term 37. Institutional arrangements to govern Common Property Resources (CPR) with increased role for user groups, community based organizations, should be delineated with regard to ownership access, rights and other benefits. 38. There should be a Standing Committee at state level to deal with land issues, including the management of waste land, common land etc. 5.2.3 Urban Land Use Planning and Development Short Term 39. Municipal survey (Urban Cadastral) of urban land should be started on priority basis. 40. Strict enforcement of anti-encroachment law, to remove encroachment on priority basis, particularly from road side vendors should be initiated to save people from traffic jam. Medium Term 41. The office of the town planner is of vital importance and, hence, should be made functional by appointing Chief Town Planner and provide sufficient staff and infrastructure. 42. The sanctioned posts for Urban Development & Housing Department of urban local bodies should be filled with qualified and trained staff by launching special recruitment drive. 43. Municipal Services Guarantee Act, along the lines of the Right to Public Service Act, 2011 to be put in place. 44. Construction / provision of parking space at different places for vehicles in urban areas should be given topmost priority. 45. Strict enforcement of building completion certificate / occupancy certificate to be done. 46. Development of proper drainage system and solid waste management system in the cities should be ensured. A time bond action plan may be drawn for each city. 47. Green area and children parks should be demarcated in each town. An action plan with definite timeframe work should be chalked out for every city. Long Term 157 48. Formulation of master plans for development of urban areas, with statutory backup on urgent basis, should be ensured. Its proper implementation will solve the problems of water logging, traffic jam and poor civic amenities. 49. Settlement policy of street vendors should be developed for each ULB. 50. Inclusion of Modernisation Plan of old areas of the city in Master Plan of each ULB. 5.2.4 Public Land Management Short Term 51. Steps should be initiated to give possession of the land to more than 0.2 million beneficiaries who have already been allotted land under housesite policy for mahadalit family and other schemes. 52. All the public land, which has been distributed to the landless poor, should be physically verified to see whether the assignees are in possession of this land. If not, steps should be taken to give possession of those lands to the real assignees. 53. Evict encroachers from public land and bring the land back for public use by following due process of law. Resettlement / rehabilitation for genuine persons viz. Economically Weaker Section of the Society (EWS) may also be taken up simultaneously. 54. Get an inventory of all public land prepared and make it available for public scrutiny. There should be a unified system, under revenue department, to collect data from each department / district regarding the land under the concerned department and update the same on regular basis for its effective management. The need of the hour for every department having public land is to have an estate section with sufficient staff, estate officer and an inventory of public lands owned and possessed by it. The estate officer shall be responsible for safeguarding property, prevent and remove encroachment, if any, as per law. 55. Gairmazarhua Aam land should be used for public purpose only except for group housing purpose for EWS/Mahadalit. Medium Term 56. Complete the ongoing special survey in all parts of the State by 31st March, 2016. Digitise record of rights and maps prepared on the basis of special survey. 57. Efforts should be made to bridge the gap between allotment of land and mutation. Since the allotment of land is made from the public land (government land), the allotment/ issue of ‘parcha’ and mutation should happen simultaneously. At the time of issue of ‘parcha’, its copy should be sent to the Circle Officer/Karmchari concern for automatic mutation of the land, creation of Jamabandi, and fixation of rent. After creation of jamabandi, the settlee should be informed. 58. There is a need to ascertain the reasons regarding the unsuitability of ceiling surplus land, Gairmazruha Malik, Gairmazruha Aam and bhoodan land, by launching special survey. Strategy for developing these lands for making them suitable for distribution, wherever applicable, should also be planned. 59. New Khasmahal Policy has already been promulgated with respect to land in direct possession of government. Same is to be enforced in letter and spirit. 60. Process of confirmation of Bhoodan land should be expedited. ‘Dan Patra’ must be confirmed without any further delay. 61. Dan Patra (Gift letter) of some Boodan land is not available with LRDC or even in Bhoodan office. Records of 13 districts for Bhoodan land have been digitized. Digitization of records of the rest 25 districts should be taken up expeditiously. 62. In the course of the ongoing special survey, lower level revenue functionaries should be instructed to ensure recording of public land in the records of rights. As soon as the 158 textual data on public land is generated, all out efforts should be made to trace public land which is privatized officially, prior to special survey. Following due process of law, public land settled, unauthorizedly, must come back to the public domain. It is noteworthy to point out that even during special survey operation the state has to be impleaded as a party in cases pertaining to public land. Long Term 63. The state government has not yet come up with any policy related to Gairmazruha Aam land in urban areas. For Gairmazruha Aam land, falling in urban areas the government may identify a competent authority for issuing no objection, parallel to the gram sabha, that too wherever the nature of land has changed. 64. Enumerating public land in every National Sample Survey (NSS) should be made mandatory. 5.2.5 Transfer of Large Tracts of Land to Investor Short Term 65. Institutionalize a coordination mechanism among all departments to expedite approvals. Inter – institutional coordination system with all related departments, such as land records, land acquisition. Industries Deptt, BIADA, District Collector, Land Acquisition Committee and MVR committee may be constituted at district level to strengthen and avoid any problems and monitor the activity as a team. 66. Ensure stakeholder participation in the process of large scale transfers of public land. 67. Provide for third party monitoring to ensure compliance of contractual obligations by investor. Third party Evaluation of the benefits gained by the society due to land use change and compliance of the contractual obligations, by the large scale investors, should be planned and conducted. Medium Term 68. Waste land / barren and uncultivable land / hill lock may be utilized for mining, quarrying and industrial uses. Only such land should be acquired for industrial purpose. 69. Develop a system of public interface between the investor and the administration to sort out problems coming in the way of allotment of plots for undertaking industrial activities. Problem resolving system need to be put in place in each district as well as at the state level. 70. Developing infrastructure in the industrial area / growth centre to enable the investor to start the project quickly. 71. Finalize and enforce a rehabilitation and resettlement policy to mitigate hardships. Long term 72. Actual implementation of the rehabilitation policy for closed / sick industries in the industrial area. 73. Strategy should be developed for standardization of MVR based on objective criteria. The objection received with regard to fixation of MVR should be considered. Average minimum and maximum sale value of a particular mauza should be taken up to determine MVR, instead of taking the highest sale value of mauza. 5.2.6 Public Provision for Land Information: Registry and Cadastre Short Term 74. E-Linking of registration data on computer with the circle office, to be initiated to facilitate automatic mutations and updation of records on transfer of land. 75. Scanning of old records prior to 2006 and placing them on the computer network, to be completed expeditiously. Medium Term 159 76. The State Government should reduce the stamp duty to make land registration affordable and bring it at par with other states. The stamp duty should not be more than 5 percent. 77. Cases of inheritance, partition, sale certificate, mortgage by deposit of title deeds, oral gift etc. should be brought within the ambit of compulsorily registrable document so as to reflect their impact in the encumbrance certificate issued by the registry office. 78. The Government should gradually do away with the use of stamp paper altogether and adopt the system of depositing stamp duty by Challan, in designated banks. Long Term 79. In registration, the transfer of title is presumptive, not exclusive. Steps should be initiated to transfer the exclusive /absolute title on the lines of Karnataka state. Accordingly, Registration Act should be amended and strategy should be developed to verify title before registration, by an expert appointed/empanelled, for this purpose. Thereafter, Electronic data base on transfer of land would help in updating the land record even after sale/transfer. 80. Model Land Titling Bill framed by the DOLR / MORD may be considered for adoption with suitable modification. 5.2.7 Land Valuation and Taxation Short Term 81. Religious trusts, just like government offices, should at least pay 50 to 75 percent of the normal holding tax as service charges to provide better civic amenities. 82. In order to avoid complications, or disputes for assessment of annual rental value, a self assessment format should be made available to the public to file the details of holding for assessment of annual rental value and holding taxes. Regular checking and verification of the same should be taken up on priority basis so that its genuineness can be established. Strict penal action should also be taken in case of any discrepancy, after verification. 83. No attempt has been made in the past to assess the cost of exemption of taxes to the government. Assessment of the cost of exemption of taxes to various institutions needs to be initiated. Medium Term 84. A Municipal Services Guarantee Act, along the lines of the Right to Public Service Act, 2011, is put in place. 85. As the value of landed property in municipal areas has increased manifold, there is a need to enhance the holding tax for providing better civic amenities. 86. Economic land rent should be decided / fixed, based on land use classification, type of land and productivity of the land. 87. Tax Coverage ratio in Patna Municipal Corporation is 50 percent. More or less similar is the situation in other municipal bodies. There is a need to bring in unregistered holdings into tax fold to increase the revenue for providing better services. This work should be taken up in camp mode. 88. The imposition and collection machinery of taxes in the Municipalities should be made more efficient. As this work is technical in nature, a thorough knowledge of the system with all its technicalities must be made known to the officers and staff engaged in municipal tax administration. Comprehensive administrative capacity enhancement is the need in ULBs. 89. Proper administrative set up with well trained, qualified staff is necessary for efficient running of the tax administration department of ULBs. 160 90. Community expects better civic amenities from the municipal authority. It cannot be provided without monetary resources. Even the sincere and dedicated Municipal personnel cannot serve the society according to society’s expectations without proper equipment and facilities. If the urban residents do not pay the taxes in time, they cannot expect proper civic facilities to be provided to them. The State Government used to give grant and loan to Municipality for infrastructure development or for employment generation schemes, but not for meeting the day-to-day expenses of the Municipality for providing different civic services. As such, proper rapport between the residents of town and Municipal authority is most essential. This will make the people realize that the money which is being collected from them, in the shape of various taxes and fees, are being utilized properly for their benefits. The role of municipal authority in this regard is very important. Long Term 91. The urban local bodies in Bihar are not using modern technology for better tax collection in urban areas, such as facility for online payment; GIS for better tracking of properties, electronic inter linkages with registries to track acquisition of properties etc. These varieties of modern technology should be adopted by ULBs. 5.2.8 Dispute Resolution and Conflict Management Short Term 92. Case flow Management Principles should be immediately implemented. 93. Information and Communication Technology (ICT) implementation should be more meaningful with defined objectives. 94. There is an urgent need to tackle cases pertaining to dispossession of land allottees. A time bound strategy should be developed to restore possession of land to these persons. Medium Term 95. Necessary changes should be made in the relevant laws for dealing with management aspects relating to progression of cases and their flow for enhancing reduction rates and timely disposal with quality. 96. Responsibility to carry out judicial reforms should be assigned to a single identifiable body. 97. No time limit has been prescribed for disposal of appeal by Divisional Commissioner in Bihar Land Dispute Resolution Act, 2009. Specific time limit (60days) for disposal of appeals by Divisional Commissioner should be spelt out in BLDR Act 2009. 98. Efforts should be made to create more and more permanent Lok Adalat in all the districts and sub-divisions. Litigant should be made aware and be encouraged to pre- litigation settlement through such permanent Lok Adalat. 99. Adequate training to Deputy Collector Land Reforms (DCLR) and Circle Officers on different Acts and mechanisms of dispute resolution is a prelude for speedy disposal of disputes relating to land. 100. The Court of Deputy Collector Land Reforms (DCLR) should be provided sufficient staff with adequate infrastructure. 101. The Collector should ensure effective supervision of the work of Deputy Collector Land Reforms (DCLR) regarding dispute resolution, on regular basis. The same is not done on regular basis now. 102. There is a need to strengthen the tribunal by filling up the post (s) of members lying vacant and by providing adequate, regular staff along with infrastructure. Long Term 161 103. Dispute related to land/holding falling within the municipal area should also be brought under the jurisdiction of BLDR Act, 2009. Similarly, Public land Encroachment Act, 1961, alluvium and delluvium land dispute should also be brought with the ambit of BLDR Act, 2009. 104. Taking into the consideration the large number of cases of dispossession in Bihar, fresh punitive laws are required to punish those persons who are not having the title over land but involved in dispossessing the legal owner of land. Actually, these persons are resourceful and dispossess the legal owner of land on concocted or forged or false papers, by force. The state Government should frame punitive laws to prevent cases of dispossession. It is advisable that dispossession should be made a cognizable offence. Section 4(B) of Bihar Land Disputes Resolution Act, 2009 pertains to the cases related to restoration of possession of settled/allotted land in favour of legally entitled settled /allottee or his successors/heirs, upon adjudication of unauthorized and unlawful dispossession. Section 7 pertains to summary disposal of proceeding. There is no need to follow the procedure for adjudication of cases of dispossessed persons. LRDC can issue notice to the offender. On hearing from the offender, summary disposal of cases should be done. Besides restoring possession, penalty/ punishment may be imposed. For a first time offender, penalty up to Rupees Two Thousand or one year of imprisonment or both can be imposed. For the second time, the penalty upto Rupees Ten Thousand or Two to Five years of imprisonment or both may be imposed on the offender. 105. There is a need to set up a Green Tribunal, with a bench in Patna, to resolve disputes related to forest and environment. 106. Required amendments may be brought in to the BLDR Act, 2009 as well as Bihar Land Tribunal Act, to include alternative dispute redressal provision by way of arbitration, conciliation and mediation. 107. Effective steps should be initiated for strengthening and smooth functioning of Gram Kachchahary by the State Government. The local Panchayati Raj institutions can help curb land disputes/ problems to a great extent. The Gram Kutchcharies of each Gram Panchayat may be empowered to decide on these cases at Panchayat level. However, adequate safety systems must be kept in place to curb the malpractices that occurred in this new concept of resolving land disputes at Panchayat levels. 5.2.9 Review of Institutional Arrangements and Policies Short Term 108. A State Land use Policy based on existing laws and policies should be developed. A Land Use Board in Bihar should be set up for formulating the Land Use Policy, making 10-15 years perspective land use plan and monitoring the implementation of land use plan. 109. Government should devise a unified system in Revenue Department for collection of data for land possessed by different State Government Departments, Central Government Departments and Public Sector Corporations. Each department should maintain and update the status of the land they possess. This will help in efficient management of land in future. 110. Set up an effective Grievance Redressal machinery for the people of the state. 111. A vigorous special / massive time bound programme should be started, focusing on giving possession to dispossessed persons, with proper co-ordination between revenue and police officials. A need based system of summary trial may help in solving the dispossession cases in rural areas of Bihar. Medium Term 162 112. Enumerating Common Property Resources (CPR), Common land and public land in every National Sample Survey (NSS) should be made mandatory. An inventory of common property resources, common land and public land should be prepared and make it available on public domain for public scrutiny. 113. Special survey should be completed within the prescribed time framework. Computerization of record of rights and digitization of maps based on special survey should be completed by 31st March, 2016. Special drive should be launched to update land record jointly by all concerned department. 114. E-Interlinking of Land Records with Registry in entire state. 115. Capacity Building need to be greatly enhanced as the existing training facilities is inadequate. With wide spread use of modern technology, there is a greater need for the training of the staff at various levels. The existing training institutions should be suitably upgraded. The training syllabi should be such that, besides upgrading the skills of trainees to enable them to discharge their duties more competently, they also get an exposure to the technological and human relations dimension of modern land administration. Capacity building programmes on process, procedure and technology use should be designed and implemented, sooner. In order to attract better professionally qualified trainers in training institutions, adequate financial and other incentives should be provided for. 116. The halka karamcharis should have an office of their own. They can be accommodated in the proposed Gram Panchayat Bhawan. 117. It is also necessary to rationalize the jurisdiction of Circle Officer. An inspector cannot supervise effectively the work of more than 8-10 halka karamcharis. Depending upon the same, additional posts may be created. 1. Provision for sufficiently trained and qualified manpower in the survey and settlement departments should be made. Latest tools / machines and adequate budget should be provided to complete the special survey by 31st March, 2016. 2. Filling of the vacant, sanctioned posts in all land related departments need to be undertaken, on urgent basis, to improve revenue administration and strengthen related institutional arrangements. 3. Awareness creation programme should be launched on a massive scale. In Bihar, a comprehensive set of measures should be undertaken involving legislative, administrative and public awareness building to ensure the rights of the tribals over land, forest, water, minor forest produce, and mineral resources. Long Term 4. The status regarding office and residential accommodation for the staff of revenue department, at various levels is unsatisfactory. The Government may take necessary steps in this regard. 118.Supervision, Inspection and Monitoring constitutes the backbone of institutional arrangements. Detailed norms have been laid down by the state government / Board of Revenue, Bihar on this. These norms are either ignored or carried out in a rather perfunctory manner. The need for close supervision is felt more with the introduction of modern technology. The state government should review these aspects thoroughly and revise these norms, and ensure adherence of norms. Supervision / Monitoring mechanisms need to be strengthened at every stage starting from state head quarter to the circle office level. 1. Amendment of various acts (Bihar Agriculture Land Act, 2010, Bihar Land Reforms Act, 1961, Bihar Special Survey and Settlement Act, 2011, Bihar Land Dispute 163 Resolution Act, 2010, Bihar Land Tribunal Act, Registration Act etc.,) as suggested in panel 1, panel 2 and panel 8 can be attempted on priority basis. 5.3 POLICY MATRIX Issues Recommendations Responsible Monitoring indicator 1. Rural land records are not updated 1. Identify & implement on DoLR/Revenue % of records verified and regularly, presumptive and lack a priority basis, cost- and Land Reforms updated spatial reference; legal framework effective ways of Department, GoB verification & updating % of records identified on Records are not updated and weak textual records based on maps ground reality. capacity for maintenance, records not 2. Complete the recently verified before digitalization; records not % of area mapped with land enacted Special Survey geo-referenced; most maps not updated within the stipulated time holder identified after 1922; slow progress resurvey (Out period of 45,769 villages, 71% have 3. Develop, pilot and % of area mapped with land computerized records; verification was implement mechanism holder identified having for continued updating of documentation of tenure done for 62%; special drive produced textual and spatial (gender disaggregated) aerial photos 17% villages, Updating for records to overcome 7% villages; Kheshra panjis prepared need for special drives for 7.5%). 4. Assess the resource requirements for digitized record maintenance, verification and resurvey in different situations 5. Develop a program that would allow to accomplish record maintenance and resurvey in a specified and realistic time frame 1. Establish legal basis to link records and registration 2. Urban land records are incomplete, 1. Define workflows Revenue and Land % of area mapped with land presumptive and not spatially involved in urban land Reforms holder identified having referenced; High level of housing is in management, records Department , documentation of tenure maintenance,building violation with urban regulations Department for (gender disaggregated) permits and enforcements re-engineer Urban and Housing where possible; Development, effectively and ULB RoR system not adjusted to urban areas sustainably and overlapping responsibilities; lack of 2. Assess resource base maps Many urban land holdings requirementsand clearly and houses lack records of ownership in assign institutional urban areas, although no exact data are responsibilities. available; Tax records are now used as 3. Establish a base map for all cities, using existing evidence of tenure. High level of information as much as housing is in violation with urban possible; establish a regulations common spatial data infrastructure focusing (60 % house lack completion certificate; on maintenance and 70- 80% no occupancy certificate; 55 % updating of records multi-storied buildings not conform rather than repeated one- off re-surveys. 164 Issues Recommendations Responsible Monitoring indicator Floor Area Ratio, height, map and 4. Review strategy tenure approved building plans) upgrading in informal settlements and increase effectiveness and efficiency 3 Records are not updated 1. Reduce stamp duty/ Department of Ratio of textual to spatial automatically and not all transactions bring it at par with other Registration/ records registered states. Revenue and Land 2. E-Linking of registration Ration Registered vs. Reforms Records are still not updated data on computer with mutated transactions the circle office to Department automatically following registration of facilitate automatic transfers.Registration offices have not mutations and updating been linked yet with Circle Offices that of records on transfer of conduct the mutation. Encumbrances are land. recorded for 60-70%; It is estimated that 3. Scanning of old records about 30% of transactions are not prior to 2006 and placing them on the computer registered due to high costs network. 4. Simultaneous allotment of land and mutation for public land (government land), 5. Compulsory registration of cases of inheritance, partition, sale certificate, mortgage by deposit of title deeds, oral gift etc. 4. Revision of Legislative framework 1. Identify sections that required to eliminate outdated and need amendment in the ineffective sections, and update specific Bihar Land reforms Act,1961, (areas already sections; develop new legislation to identified relate to make e-governance possible fixation ceiling area, acquisition surplus land; regularization of leaseholds; 2. Prepare enabling legal environment for e- governance and facilitate transition towards a system of conclusive title 3. Discuss option of a Model Land Titling Bill framed by the DOLR / MORD for adoption by State Government with suitable modification. 5 . Effectiveness of public land 1. Identify available land for Revenue and Land % of area mapped with land redistribution for eligible poor and redistribution as well as Reforms holder identified having the actual possession for granted the number of land- or Department documentation of tenure homeless who could public land needs strengthening Panchayati Raj (gender disaggregated) benefit from land distribution Institution, 50-90% public lands is declared 2. Identify measures to make unsuitable for distribution , while some land that is currently surplus land is still not available; inapt available for Incomplete possession grantees state distribution to poor or land for 200.000 grantees; received acquisition by private possession in 90.6% all cases, mutation sector 3. Develop effective steps to 165 Issues Recommendations Responsible Monitoring indicator for 80.8%, rent fixation for 59.3%; In ensure continued slums, most only received leases for possession and effective dwelling, not for the land; 1 lakh of use of land that has been redistributed to marginal people is dispossessed groups (incl. comprehensive circulars, guidelines and checklists on BPPHT Act 1947 for circle officers and standard verification on the ground) 4. Identify number of people that have been dispossessed and develop effective mechanisms to restore such land so as to improve the affected population’s livelihoods. 6. Lack of clarity in assignment of 1. Define responsibilities Department of No. of FRA claims... institutional responsibility for and workflows involved Environment and forestland that prevents assigning in forest land Forest, Department % of land mapped identified management and as CPR/public land + ownership of Tribal and assignment of management responsibilities ownership/CPR rights Social Welfare, Overlapping responsibilities (forest, clearly identified (CPR or and re-engineer where tribal revenues, GP etc.); forest lands possible DLC not) assigned to revenues and vice versa. 2. Accelerate Limited results yet FRA: Out of the implementation of Forest Gram Panchayat 2930 claims filed under FRA, 585 Right Act (Sec.3(1) i) by claims are under process and 31 titled review progress and identify best practice to deeds were disbursed up to 2013. About improve results and 350 Gram Sabhas are yet to claim overcome bottlenecks individual rights. Continuation loss of 1. Review by DLC of cases tribal land by ST. of massive rejection/modification of claims FRA for reconsideration and/ or rectification, following due process; 2. Empower Gram Sabha to continue till complete implementation of FRA 3. Establish State Level Monitoring Committee to monitor effectively the process of determining and approval of all the rights under Sec. 3(1) and (2) 7. legal and administrative 1. Promote Patta Revenue and Land Share of ROR held by opportunities to enhance women’s Distribution in the name Reforms women access to land are not used sufficiently of women in context Department FRA Share of allottees issued to Estimated that only 12.8% land is 2. Promote title on name of women women for public recorded in the name of women even land/housing distribution although RoR cannot be used to identify (share of women holding 3. Add field on gender to women’s ownership of land; Women data base records of land?) seem not to inheriting more land. rightsto help tracking of Existing programs to enhance women’s progress with respect to ownership have to be used effectively women land rights. 166 Issues Recommendations Responsible Monitoring indicator (FRA, land redistribution surplus land under ceiling act, house sites allottees) 8. Urban development and expansion 1. Review the justification Department for % of urban land with is unplanned and reactive for urban land use Urban and Housing claimant identified/ restrictions and eliminate Development documented evidence. Urban expansion is unplanned; those that do not serve inadequate infrastructure, width of road, any useful purpose. 2. Maintain databases that proper drainage system parking space; allow for routine and housing; Only 17 towns have base map; effective implementation of land use restrictions. 3. Assess the resource requirements for town planning; urban development and design strategy to address capacity constraints 9. Public lands not protected nor 1. Identification and Revenue and Land Share of land in different managed effectively; Transfer of recordingremaining Reforma categories mapped with public land to private investors does public lands, and Department, ownership and use rights establish unified system not always serve growth and Department for clearly assigned for land possessed by contribute to inequity and conflict different State Industry Government Development, No up-to-date knowledge public lands; Departments, Central IDA, BIADA public land is appropriated during Government No. disputes filed over land revisional surveys due to lack of control; Departments and Public acquisition ? much encroachment of public land while Sector Corporations. removal is not very effective ( Removal 2. Develop State Land Use perspectives and policy encroachers for 24% of encroached for rural land, protect urban land and 36% in rural areas by remaining public land March 2013); transfer of public land to and assign private investor is not transparent, not responsibilities for following auction and contract implementation and conditions are not enforced . monitoring 3. Inventory of land that has been privatized following encroachment in violation of the law and design strategy to recover 4. Enumeration of Common Property Resources and Common Land in each National Sample Survey. 1. Enhance effectiveness of protection rural Gairmazarhua Aam land (village commons) and decide on strategy for urban Gairmazarhua Aam land 2. Review and streamline responsibilities and procedures and assess resource requirements for every department having public land and legal responsibility for 167 Issues Recommendations Responsible Monitoring indicator safeguarding public property, prevent and remove encroachment, involved in land acquisition approval and monitoring and institutionalize coordination mechanisms (departments land records, land acquisition. Industries Dept, BIADA, Land Acquisition Committee and MVR) 3. Standardization of MVR based on objective criteria. 4. Regular publication of transfers and lease/rent payment, which also allows follow-up; consider third party monitoring to ensure compliance of contractual obligations by investor. 5. Finalize and enforce a rehabilitation and resettlement policy to mitigate hardships 10. Improve tax collection and 1. Identify and publicize Revenue and Land Ratio Property tax collected/ rationalize exemptions revenue potential vs. Reforms potential by municipalities actual collection for all Department , Tax revenues are an important for major cities. Department for improving service delivery but cities are 2. Improve recording of holdings and updating of Urban and Housing not maximizing revenue potential and records and bring into tax Development, have not rationalized collection fold to increase the ULB mechanisms. Tax Coverage ratio in revenue for providing Patna Municipal Corporation is 50 better services (see also percent and not better in other cities; tax 2) exemptions, such as for religious lands 3. Increase holdingtax and bring this in line with the may be misused and holding tax has increase in value of become undervalued landed property in municipal areas 4. Review cost to government of exemption of taxes to various institutions and religious trusts and explore option for increasing their contribution to service charges through holding taxes 5. Review and streamline procedures for tax collection and assess resource requirements to improve the administrative capacity of ULB 11. Build monitoring capacity and 1. Develop scheme for Department of For various courts/ instances 168 Issues Recommendations Responsible Monitoring indicator pursue initiative to enhance the categorization/recording Law, Bihar Judicial & categories of disputes effectiveness of dispute resolution of disputes for all Academy, Revenue mechanisms courts/instances so as to and Land Reforms 1. Level of pending allow identification of land related Department Bihar has undertaken legal and legislative/regulatory disputes bottlenecks. 2. No. of cases institutional reforms to improve the 2. Review and streamline treated; effectiveness and efficiency of dispute procedures and apply 3. Length resolution mechanisms and by Case flow Management establishing new forums for the Principles and more use adjudication of land disputes of ICT (e.g.Lokadalat, land tribunal, capacity 3. Design strategy for disposal of specific cases Gram Kachahari) with good results (land ceiling, (civil courts drop land disputes from 70 sharecropping, to 21%, 90 cases within one year; dispossession in rural tribunal dealt already with 68% cases), areas) but which requires regular monitoring to 4. Set up effective identify problems timely, if any. In Grievance Redressal addition, a number of special cases are machinery for Land still pending (Ceiling Act, sharecroppers disputes. ( 85% not disposed), dispossession). 5. Dissemination of information about Legal and Institutional Reform 6. Bridging gap in manpower in land related department and and capacity building of Officials 169 CHAPTER – 6 DIMENSION RANKING The overall dimension scores have been compiled and presented below: 1 PANEL I: LAND RIGHT RECOGNITION Recognition of a continuum of rights: the law recognizes a range of rights held by individuals (incl. 1 1 0 A B C D Secondary rights of tenants. Sharecroppers, women etc.) Individuals' rural land tenure rights are legally Existing legal framework recognizes rights held by more than 90% of the rural 1 1 1a recognized. population Individuals' rural land tenure rights are protected in Existing legal framework protects rights held by 70% - 90% of the rural 1 1 1b practice population Customary tenure rights are legally recognized and Customary rights are not legally recognized and not protected in practice 1 1 2 protected in practice. Indigenous rights to land and forest are legally Partly Recognition of indigenous rights, which are protected 1 1 3 recognized and protected in practice.. Urban land tenure rights are legally recognized and Existing legal framework recognizes rights held by 50% -70% of the urban 1 1 4 protected in practice. population 1 2 0 Respect for and enforcement of rights Although there is demand, the law provides no opportunities for those holding Accessible opportunities for tenure individualization 1 2 1 land under customary, group, or collective tenures to fully or partially exist. individualize land rights. More than 90% of individual land in rural areas is formally recorded and 1 2 2 Individual land in rural areas is recorded and mapped mapped. 1 2 3a Individual land in urban areas is recorded. More than 90% of individual land in urban areas is formally recorded 1 2 3b Individual land in urban areas is mapped. Between 70% and 90% of individual land in urban areas is formally mapped. The number of illegal land transactions is low and some are unambiguously 1 2 4 The number of illegal land sales is low. identified on a routine basis. Existing legal restrictions on land leases, if any, are clearly identified, justified 1 2 5 The number of illegal lease transactions is low. and accepted by all parts of society, but not fully understood by land users, so that compliance is partial. Less than 15% of land recorded to physical persons is recorded in the name of 1 2 6 Women's property rights are recorded. women either individually or jointly. 170 Women's property rights to land are equal to those by Equality of women's property rights to those by men is established by law, but 1 2 7 men both in law and in practice. there are considerable limitations to exercising such rights in practice. PANEL II: RIGHTS TO FOREST AND COMMON LANDS & RURAL LAND USE 2 REGULATIONS 2 1 0 Rights to forest and common lands A B C D Forests and common lands are clearly identified Forests and common land are clearly identified, responsibility for land use is clearly 2 1 1 in law and responsibility for use is clearly identified but implementation is ambiguous. assigned. The tenure of most groups in rural areas is formally recognized and clear regulations Rural group rights are formally recognized and 2 1 2 regarding groups’ internal organization and legal representation exist and can be can be enforced. enforced. Users’ rights to key natural resources on land Users’ rights to key natural resources are legally recognized but only some are 2 1 3 (incl. fisheries) are legally recognized and effectively protected in practice or enforcement is difficult and takes a long time. protected in practice. Multiple rights over common land and natural Co-existence is possible by law but rarely respected in practice. 2 1 4 resources on these lands can legally coexist. Multiple rights over the same plot of land and its Co-existence is legally possible but rarely respected in practice. 2 1 5 resources (e.g. trees) can legally coexist. Multiple rights over land and mining/ other sub- Co-existence is not possible by law; mining rights override land rights. 2 1 6 soil resources located on the same plot can legally coexist. Accessible opportunities exist for mapping and Although there is demand, the law provides no opportunities for those holding group 2 1 7 recording of group rights. land under customary, group, or collective tenures to record and map land rights. Less than 10% of the area under communal and/or indigenous land has boundaries 2 1 8 Boundary demarcation of communal land. demarcated and surveyed and associated claims recorded. Effectiveness and equity of rural land use 2 2 0 regulations 2 2 1 Restrictions regarding rural land use are justified Regulations regarding restrictions on rural land use effectively serve public purpose 171 and enforced but enforcement is weak. Restrictions on rural land transferability There are a series of regulations that are for the most part serve pubic purpose but that 2 2 2 effectively serve public policy objectives. are not enforced. Rural land use plans are elaborated/ changed via Public input is required and sought in preparing and amending land use plans but 2 2 3 public process and resulting burdens are shared. comments are not reflected in the finalization of land use plans. Less than 30% of the land that has had a change in land use assignment in the past 3 Rural lands, the use of which is changed, are 2 2 4 years has changed to the destined use (e.g. forest, pastures, wetland, national parks swiftly transferred to the destined use. etc.) Rezoning of rural land use follows a public Rezoning processes are not public process and rights are ignored or not properly or 2 2 5 process that safeguards existing rights. promptly compensated in the majority of cases. For protected rural land use (forest, pastures, The share of land set aside for specific use that is used for a non-specified purpose in 2 2 6 wetlands, national parks etc.) plans correspond contravention of existing regulations is less than 10%. to actual use. PANEL III: URBAN LAND USE, PLANNING, AND DEVELOPMENT Restrictions on rights: land rights are not 3 1 0 conditional on adherence to unrealistic A B C D standards. Restrictions on urban land ownership/ transfer There is a series of regulations that are for the most part serve public purpose but 3 1 1 effectively serve public policy objectives enforcement is deficient. Restrictions on urban land ownership/ transfer There are a series of regulations that are for the most part serve public purpose but that 3 1 2 effectively serve public policy objectives. . are not enforced. Transparency of land use restrictions: changes in land use and management regulations are made 3 2 0 in a transparent fashion and provide significant benefits for society in general rather than just for specific groups. Process of urban expansion/ infrastructure Information on planned urban expansion and infrastructure development is not 3 2 1 development process is transparent and respects publicly available. existing rights. 172 Changes in urban land use plans are based on a Public input is sought while preparing and amending land use plans but the public 3 2 2 clear public process and input by all stakeholders comments are largely ignored in the finalization of land use plans. Changes in assigned urban land use are swiftly Less than 30% of the land that has had a change in land use assignment in the past 3 3 2 3 followed by actual land use change years has changed to the destined use. Efficiency in the urban land use planning process: land use plans and regulations are justified, effectively implemented, do not 3 3 0 drive large parts of the population into informality, and are able to cope with population growth. Policy to ensure delivery of low-cost housing There is a policy for low cost housing and services but implementation has major gaps 3 3 1 and services exists and is progressively so that the number of those with inadequate shelter actually increases. implemented In the largest city, while a hierarchy of regional/detailed land use plans is specified by Land use planning effectively guides urban 3 3 2 law, in practice urban spatial expansion occurs in an ad hoc manner with infrastructure spatial expansion in the largest city. provided some time after urbanization. In the four major cities in the country, while a hierarchy of regional/detailed land use Land use planning effectively guides urban 3 3 3 plans is specified by law, in practice urban development occurs in an ad hoc manner development in the four next largest cities. with infrastructure provided some time after urbanization. In the largest city, the urban planning process/authority is struggling to cope with the Planning processes are able to cope with urban 3 3 4 increasing demand for serviced units/land as evidenced by the fact that most new growth. dwellings are informal. Speed and predictability of enforcement of 3 4 0 restricted land uses: development permits are granted promptly and predictably. Provisions for residential building permits are Requirements to obtain a building permit are technically justified but not affordable 3 4 1 appropriate, affordable and complied with for (and not complied by) the majority of those affected. A building permit for a residential dwelling can All applications for building permits receive a decision within 12 months. 3 4 2 be obtained quickly and at a low cost. 3 5 0 Tenure regularization schemes in urban areas 3 5 1 Formalization of urban residential housing is The requirements for formalizing housing in urban areas are neither clear, straight- 173 feasible and affordable. forward, or affordable but many applicants from informal areas are managing to satisfy the requirements. In cities with informal tenure, a viable strategy Strategies to deal with urban informality exist but focus only on either land or services 3 5 2 exists for tenure security, infrastructure, and but not both. housing. A condominium regime allows effective Common property under condominiums is recognized and the law has clear provisions 3 5 3 management and recording of urban property. for management and publicity of relevant records that are followed in practice. 4 PANEL IV: PUBLIC LAND MANAGEMENT Identification of public land and clear management: public land ownership is clearly defined, effectively serves the public purpose, is 4 1 0 A B C D inventoried, under clear management responsibilities, and relevant information is publicly accessible Criteria for public land ownership are clearly Public land ownership is justified by provision of public goods and 4 1 1 defined and assigned to the right level of effectively and transparently managed at the appropriate level of government. government. Between 30% and 60% of public land is clearly identified on the ground and 4 1 2 There is a complete recording of public land. on maps. All the information in the public land inventory is only available for a limited 4 1 3 Information on public land is publicly accessible. set of public property and there is little or no justification why records are not accessible. The management responsibility for different types of public land is The management responsibility for different types of unambiguously assigned but this is not always consistent with objectives of 4 1 4 public land is unambiguously assigned.. equity and efficiency or institutions are not always properly equipped so that sometimes these are not achieved. There are significant constraints in the financial and/or human resource Responsible public institutions have sufficient 4 1 5 capacity but the system makes effective use of limited available resources, resources for their land management responsibilities. with limited impact on managing public land. Key information for public land allocations (the locality and area of the land All essential information on public land allocations 4 1 6 allocations, the parties involved and the financial terms of the allocation) is to private interests is publicly accessible. recorded or partially recorded but is not publicly accessible. Justification and time-efficiency of acquisition 4 2 0 processes: the state expropriates land only for 174 overall public interest and this is done efficiently There is minimal transfer of acquired land to private Less than 10% of land acquired in the past 3 years is used for private 4 2 1 interests. purposes. Acquired land is transferred to destined use in a Between 50% and 70% of the land that has been acquired in the past 3 years 4 2 2 timely manner. has been transferred to its destined use. The threat of land acquisition does not lead to pre- Some. 4 2 3 emptive action by private parties. Transparency and fairness of expropriation procedures: expropriation procedures are clear 4 3 0 and transparent and fair compensation is paid expeditiously Compensation is provided for the acquisition of all No compensation is paid to those with unrecorded rights of use, occupancy or 4 3 1 rights regardless of their recording status. otherwise. Land use change resulting in selective loss of rights Where people lose rights as a result of land use change outside the acquisition 4 3 2 there is compensated for. process, compensation is not paid. Between 50% and 70% of acquired land owners receive compensation within 4 3 3 Acquired owners are compensated promptly. one year. There are independent and accessible avenues for Independent avenues to lodge a complaint against acquisition exist but there 4 3 4 appeal against acquisition. are access restrictions (i.e. only accessible by mid-income and wealthy). Timely decisions are made regarding complaints A first instance decision has been reached for between 50% and 80% of the 4 3 5 about acquisition. complaints about acquisition lodged during the last 3 years. PANEL V: TRANSPARENT PROCESS AND ECONOMIC BENEFIT OF TRANSFER OF PUBLIC 5 LAND TO PRIVATE USE Transfer of public land to private use follows a clear, transparent, and competitive process and payments 5 1 0 are collected and audited (with the exception of A B C D transfers to improve equity such as land distribution and land for social housing). The share of public land disposed of in the past 3 years through sale or Public land transactions are conducted in an open 5 1 1 lease through public auction or open tender process is between 70% transparent manner and 90%. (Except for equity transfers). More than 90% of the total agreed payments are collected from private 5 1 2 Payments for public leases are collected parties on the lease of public land. 175 All types of public land are generally divested at market prices in a Public land is transacted at market prices unless guided 5 1 3 transparent process irrespective of the investor’s status (e.g. domestic by equity objectives or foreign). The public captures benefits arising from changes in Mechanisms to allow the public to capture significant share of the 5 1 4 permitted land use. gains from changing land use are not used. Policy to improve equity in asset access and use by the No policy in place to improve access to and productive use of assets 5 1 5 poor exists, is implemented effectively and monitored by poor and marginalized groups. 5 2 0 Private investment strategy Land to be made available to investors is identified A policy to identify land that can be made available to investors exists, transparently and publicly, in agreement with right based on ad hoc assessment of land potential but with community 5 2 1 holders.available to investors, in agreement with land consultation and agreement, and is applied in more than 90% of rights holders. identified cases. Investments are selected based on economic, socio- Process is in place that considers only national benefits, but that is 5 2 2 cultural and environmental impacts in an open process adhered to. No local benefit sharing in place Institutions to make decisions are clearly identified and have the Public institutions transferring land to investors are necessary capacity (incl. resources for field verification) and strong 5 2 3 clearly identified and regularly audited incentives in ensuring socially beneficial outcomes but processes may be complex and difficult for investors. Public bodies transferring land to investors share A policy is in place for effective inter-ministerial and coordination to 5 2 4 information and coordinate to minimize and resolve ensure that decisions on land use and land rights are well coordinated overlaps (including sub-soil). across sectors, and is applied effectively. Compliance with contractual obligations is regularly Monitoring of compliance is limited or only part of the results 5 2 5 monitored and remedial action taken if needed. accessible to the public Safeguards effectively reduce the risk of negative effects Substantive application of safeguards (EIA, SIA, etc.) is in line with 5 2 6 from large scale land-related investments.. global best practice but only part of the information is disclosed. The scope for resettlement is clearly circumscribed and Resettlement policy exists, but is only in part of the cases applied. 5 2 7 procedures exist to deal with it in line with best practice. Policy implementation is effective consistent and 5 3 0 transparent and involves local stakeholders Investors' business plans (application materials) require some evidence Investors provide sufficient information to allow rigorous 5 3 1 of technical viability, community consultation, and availability of evaluation of proposed investments. resources but this is only sufficient to identify project risk ex ante. All investment application related documents are reviewed according Approval of investment plans follows a clear process with 5 3 2 to a uniform process and receive a response within 6 months of date of reasonable timelines. submission Right holders and investors negotiate freely and directly Those holding rights to land with potential for investment have 5 3 3 with full access to relevant information. incentives to properly negotiate but their rights are unclear or 176 opportunities to obtain relevant information or assistance do not exist. Contractual provisions regarding benefit sharing are The majority of contractual arrangements do not include information 5 3 4 publicly disclosed. on benefit sharing Contracts are made public, easily accessible and 5 4 0 agreements are monitored and enforced Spatial information and temporal information is available to relevant Information on spatial extent and duration of approved 5 4 1 government institutions but not accessible on a routine basis by private concessions is publicly available. parties. There is little third-party monitoring of investors' compliance with Compliance with safeguards on concessions is monitored 5 4 2 safeguards and mechanisms to quickly and effectively ensure and enforced effectively and consistently. adherence are difficult to access for affected communities. There is little third-party monitoring of investors' compliance with Avenues to deal with non-compliance exist and obtain 5 4 3 contractual provisions and mechanisms to quickly and effectively timely and fair decisions. reach arbitration are virtually non-existent. Panel 6: Public provision of land information: registry 6 and cadastre 6 1 0 Mechanisms for recognition of rights A B C D There is a clear, practical process for the formal recognition of Land possession by the poor can be formalized in line 6 1 1 possession but this process is not implemented effectively, with local norms in an efficient and transparent process. consistently or transparently. Non-documentary forms of evidence are used to obtain recognition of Non-documentary evidence is effectively used to help a claim to property along with other documents (e.g. tax receipts or 6 1 2 establish rights. informal purchase notes) when other forms of evidence are not available. They have less strength than the documents provided. Legislation exists to formally recognize long-term, unchallenged Long-term unchallenged possession is formally possession but due to the way this legislation is implemented, formal 6 1 3 recognized. recognition is granted to very few or no applicants for recognition on either public or private land. First-time recording of rights on demand includes proper On-demand recording of rights includes proper safeguards to prevent 6 1 4 safeguards and access is not restricted by high fees. abuse and costs do not exceed 5% of the property value. 6 2 0 Completeness of the land registry The total cost for recording a property transfer is equal to or greater 6 2 1 Total cost of recording a property transfer is low. than 5% of the property value. 6 2 2 Information held in records is linked to maps that reflect More than 90% of records for privately held land recorded in the 177 current reality registry are readily identifiable in maps (spatial records). Relevant private encumbrances are recorded but this is not done in a 6 2 3 All relevant private encumbrances are recorded consistent and reliable manner. Relevant public restrictions or charges are recorded but this is not 6 2 4 All relevant public restrictions or charges are recorded. done in a consistent and reliable manner. There is a timely response to requests for accessing Copies or extracts of documents recording rights in property can 6 2 5 registry records generally be obtained within 1 week of request. The records in the registry can be searched by both right holder name 6 2 6 The registry is searchable. and parcel. Copies or extracts of documents recording rights in property can only be obtained by intermediaries and those who can demonstrate an 6 2 7 Land information records are easily accessed. interest in the property upon payment of the necessary formal fee, if any. Reliability: registry information is updated and 6 3 0 sufficient to make meaningful inferences on ownership Links are in place for all types of public land information registries but Information in public registries is synchronized to ensure 6 3 1 checks on the legitimacy of transactions that affects certain parties' integrity of rights and reduce transaction cost. land rights are only performed ex post. Registry information is up-to-date and reflects ground Between 70% and 90% of the ownership information in 6 3 2 reality. registry/cadastre is up-to-date and reflects ground reality.. Cost-effectiveness and sustainability: land 6 3 0 administration services are provided in a cost-effective manner. The total fees collected by the registry exceed the total registry The registry is financially sustainable through fee operating costs. (Total operating costs include all non-capital 6 4 1 collection to finance its operations. investment costs (i.e. salaries and wages, materials, transportation, etc.) associated with registry operating costs.) Investment in human and physical is sufficient to maintain high Investment in land admin. is sufficient to cope with 6 4 2 service standards but does not allow for proactively responding to demand for high quality services. future needs and new developments in the sector. Fees are determined transparently to cover the cost of 6 5 0 service provision Fees have a clear rationale, their schedule is public, and A clear rationale and schedule of fees for different services is publicly 6 5 1 all payments are accounted for. accessible and receipts are issued for all transactions. Mechanisms to detect and deal with illegal staff behavior exist in all 6 5 2 Informal payments are discouraged. registry offices but cases are not systematically or promptly dealt with. 178 There are published service standards (including dealing with illegal 6 5 3 Service standards are published and regularly monitored. staff behavior), the registry actively monitors its performance against these standards and results are public. 7 PANEL VII: LAND VALUATION AND TAXATION Transparency of valuations: valuations for tax and compensation purposes are based on clear principles, 7 1 0 A B C D applied uniformly, updated regularly, and publicly accessible The assessment of land/property for tax or compensation purposes reflects market prices, but there are significant differences between 7 1 1 There is a clear process of property valuation. recorded values and market prices across different uses and types of users; valuation rolls are updated regularly There is a policy that valuation rolls be publicly accessible and this 7 1 2 Valuation rolls are publicly accessible policy is effective for most of the properties that are considered for taxation. There are limited exemptions to the payment of land/property taxes, Exemptions from property taxes payment are justified and 7 2 1 and the exemptions that exist are clearly based on equity or efficiency transparent. grounds and applied in a transparent and consistent manner. All property holders liable to pay property tax are listed Between 50% and 70% of property holder liable for land/property tax 7 2 2 on the tax roll. are listed on the tax roll. 7 2 3 Assessed property taxes are collected. Between 70% and 80% of assessed land/ property taxes are collected. The amount of property taxes collected is between 1 and 3 times cost 7 2 4 Receipts from property tax exceed the cost of collection of staff in charge of collection. 8 PANEL VIII: DISPUTE RESOLUTION Assignment of responsibility: responsibility for conflict management at different levels is clearly assigned, in 8 1 0 line with actual practice, relevant bodies are competent A B C D in applicable legal matters, and decisions can be appealed against There are no parallel avenues for conflict resolution or, if parallel There is clear assignment of responsibility for conflict avenues exist, responsibilities are clearly assigned and widely known 8 1 1 resolution. and explicit rules for shifting from one to the other are in place to minimize the scope for forum shopping. 8 1 2 Conflict resolution mechanisms are accessible to the Institutions for providing a first instance of conflict resolution are 179 public. accessible at the local level in the majority of communities. There is a local, informal dispute resolution system that resolves a Mutually accepted agreements reached through informal significant number of conflicts in an effective and equitable manner 8 1 3 dispute resolution systems are encouraged and which is recognized in the formal judicial or administrative dispute resolution system. A process exists to appeal rulings on land cases at high cost and the There is an accessible, affordable and timely process for 8 1 4 process takes a long time/ the costs are low but the process takes a appealing disputed rulings. long time. The share of land affected by pending conflicts is low 8 2 0 and decreasing Land disputes constitute a small proportion of cases in the Land disputes in the formal court system are between 10% and 30% of 8 2 1 formal legal system. the total court cases. Conflicts in the formal system are resolved in a timely A decision in a land-related conflict is reached in the first instance 8 2 2 manner. court within 1 year for 90% of cases. The share of long-standing land conflicts is greater than 20% of the 8 2 3 There are few long-standing (> 5 years) land conflicts.. total pending land dispute court cases. PANEL IX: REVIEW OF INSTITUTIONAL 9 ARRANGEMENTS AND POLICIES Clarity of mandates and practice: institutional mandates concerning the regulation and management of the land 9 1 0 A B C D sector are clearly defined, duplication of responsibilities is avoided and information is shared as needed. In situations that can entail conflicts of interest or are sensitive to Land policy formulation, implementation and arbitration 9 1 1 abuse (e.g. transfers of land rights) there is some separation in the are separated to avoid conflict of interest. roles of policy formulation, implementation and arbitration. The mandated responsibilities of the various authorities dealing with Responsibilities of the ministries and agencies dealing land administration issues are defined with a limited amount of 9 1 2 with land do not overlap (horizontal overlap). overlap with those of other land sector agencies but there are few problems. Assignment of land-related responsibilities between the different 9 1 3 Administrative (vertical) overlap is avoided. levels of administration and government is clear and non-overlapping. Land right and use information is shared by public Information related to rights in land is available to interested 9 1 4 bodies; key parts are regularly reported on and publicly institutions but this information is not readily accessible or not accessible. available at a reasonable cost. 180 The Legal framework and procedures for land-related matters (incl. Overlaps of rights (based on tenure typology) are minimal renewable and subsoil resources) deal with land-related matters very 9 1 5 and do not cause friction or dispute. differently but have functioning mechanisms for redressing overlap in place. Ambiguity in institutional mandates (based on With minor exceptions, the processes applied by public institutions 9 1 6 institutional map) does not cause problems. dealing with land are fully integrated and consistent. Equity and non-discrimination in the decision-making process: policies are formulated through a decision- making process that draws on inputs from all 9 2 0 concerned. The legal framework is non-discriminatory and institutions to enforce property rights are equally accessible to all A comprehensive land policy exists or can be inferred by the existing Land policies and regulations are developed in a legislation, and sections of the community affected by these decisions 9 2 1 participatory manner involving all relevant stakeholders. are informed, but feedback is usually not sought or not used in making decisions Land policies incorporate clearly formulated equity and poverty Land policies address equity and poverty reduction goals; objectives that are regularly and meaningfully monitored but their 9 2 2 progress towards these are publicly monitored. impact on equity and poverty issues is not compared to that of other policy instruments. Land policies incorporate clearly formulated ecology and Land policies address ecological and environmental environmental sustainability objectives that are regularly and 9 2 3 goals; progress towards these are publicly monitored. meaningfully monitored but their impact is not compared to that of other policy instruments. The implementation of land policy is not costed and there is The implementation of land policy is costed, matched 9 2 4 inadequate budget, resources and capacity to implement the land with benefits and adequately resourced. policy. There is regular and public reporting indicating progress Formal land institutions report on land policy implementation in a 9 2 5 in policy implementation. regular and meaningful way but reports are not made public. Policy is in place to improve access to and productive use of assets by Land policies help to improve land use by low-income 9 2 6 poor and marginalized groups, is applied in practice, but is not groups and those who experienced injustice. effective Land policies proactively and effectively reduce future Policy is in place to prevent settlement in high risks areas but which is 9 2 7 disaster risk. not enforced. 181 BIBLIOGRAPHY 1. Bihar Industrial Area Development Authority (2013) Unit Details of Different allotment order of Land, Government of Bihar. 2. Business Today (2013) Land Acquisition Act to Come into force from Jan 1, 2014, Business Today, October 15, 2013 3. Gomez, M and Tran D. H (2012) Women’s Land and Property Rights and The Post - 2015 Development Agenda, Landesa Rural Development Institute 4. Government of Bihar (1885) The Bihar Tenancy Act, 1885, Government of Bihar 5. Government of Bihar (1908) The Registration Act, 1908, Government of Bihar 6. 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Government of Bihar (2013) Annual Report: Urban Development and Housing Department, Government of Bihar 183 32. Government of Bihar (2013) Basic Services for Urban Poor, Progress Report of Different Month, Urban Development and Housing Department, Government of Bihar 33. Government of Bihar (2013) Draft Building Bye-Laws, 2013, Urban Development and Housing Department, Government of Bihar 34. Government of Bihar (2013) National Ganga River Basin Authority Progress Report of Different Month, Urban Development and Housing Department, Government of Bihar 35. Government of Bihar (2013) Newsletter of October, 2013, Bihar State Building Construction Department, Government of Bihar 36. Government of Bihar (2013) Report of 2012-2013 on Land Acquisition for Press Release, Department of Revenue and Land Reform, Government of Bihar 37. Government of Bihar (2013)Annual Work Plan 2013-14, Department of Environment and Forest, Government of Bihar. 38. Government of Bihar (different year) Different Notification of Bihar Industrial Area Development Authority, Government of Bihar 39. Government of Bihar (Different Years) Different Reports, Bihar State Legal Service Authority, Government of Bihar 40. Government of Bihar (Year Unknown): Generic Environmental Management Plan: Support Programme for Urban reforms in Bihar, Urban Development and Housing Department, Government of Bihar 41. Government of India () The Report of the Committee on State Agrarian Relations and the Unfinished Task in Land Reforms, Department of Land Resource, Ministry of Rural Development, Government of India. 42. Government of India (1899) The Indian Stamp Act, 1899, Government of India 43. Government of India (1927) The Indian Forest Act, 1927, Government of India 44. Government of India (1956) The Hindu Succession Act, 1956, Government of India 45. Government of India (2006) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, Government of India 46. Government of India (2008) Notification of Ministry of Tribal Affairs on 1 st January, 2008, The Gazette of India, Government of India 47. Government of India (2010) The Land Titling Bill, 2010, Department of Land Resource, Ministry of Rural Development, Government of India. 184 48. Government of India (2012) Agriculture Census 2010-11, National Informatics Centre, Government of India 49. Government of India (2013) Annual Progress Report of 2012-13, Department of Revenue and Land Reforms, Government of Bihar 50. Government of India (2013) Draft National Land Reforms Policy, Department of Land Resources, Ministry of Rural Development, Government of India. 51. Government of India (2013) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, Government of India 52. Haq, T (2013) Agricultural Land Leasing in India-Policy, Practice and Impact, Yojana, 2013. 53. Jha, G (2013) Land Acquisition Bill Spoils Nitish’s Dream, casts a shadow on IIT Patna, Mail Today, September, 2013. 54. Kumar, S and Singh, P.D (2013) Bihar me basbhumi aur abaas ka adhikaar: sthiti, mudde aur chunoutiyan (Right to Homestead Land and Shelter in Bihar: Status, Issues and Challenges), Deshkaal Society, New Delhi 55. Rajagopal, P.V (2013) Implementing the National Land Reform Agenda: The Way Forward for Eradicating Poverty, Yojana, November 2013. 56. Raju, K.D (2007) Alternative Dispute Resolution System: Prident Mechanism of Speedy Redress in India, Paper Presented at the Seminar organised by the USEFI, Law College Orissa, 15 December, 2007. 57. Shabnam, M (2011) Bihar Unfolds New Land Acquisition Policy, iGoverment, 185 ANNEXURE 186 Annexure – 4.1.1 Distribution of operational holding and area amongst various categories of farmer SI. No. Size Class (in ha) No. of % Holding Area operated % Area Operational (in ha.) Holdings Total 1. Marginal 14744098 91.06 3668727.64 57.44 2. Small 948016 5.86 1185695.24 18.56 3. Semi Medium 414664 2.56 1072969.00 16.80 4. Medium 81484 0.50 414941.12 6.50 5. Large 3129 0.02 45227.71 0.71 6. All Classes 16191391 100.00 6387560.71 100.00 (Source: Agriculture Census 2010-11) 187 Annexure – 4.1.2 Distribution of ceiling surplus land as on 31st March, 2013 Total number of Beneficiaries to whom the surplus land Numbers acquired under Land Ceiling Act, has been distributed till date 3,50,374 (Sources: Department of Revenue and Land Reforms, Govt. of Bihar) 188 Annexure – 4.1.3 Status of pending cases in different courts under Land Ceiling Act (2012-13) March, 2013 (Area in acres) Land Reforms Deputy SDO Additional Collector Divisional Board of High Court Supreme State Level Total Pending Collector Collector Commissioner Revenue Court No. Area No. Area No. Area No. Area No. Area No. Area No. Area No. Area No. Area No. Area 48 4414.71 108 11158.11 186 26881.41 183 17131.41 21 1143.58 104 9644.86 422 27992.54 15 593.17 120 2924.05 1207 101883.84 (Source: Progress Report of the Department of Revenue and Land Reforms, Govt. of Bihar) 189 Annexure – 4.1.4 Status of LPC issued from 16/08/2011 to 16/08/2013 SI. District Received Service Given Total Disposed Not disposed till now Percentage No. Application Within After Total Service Application Not Expired Service Application Stipulated Stipulated Denial expired stipulated denial expired Time Time stipulated time time 1 2 3 4 5 6 7 8 9 10 11 12 1. 38 districts 1099643 647074 397217 1044291 40798 1085089 9413 5141 3.71 0.47 (Source: Progress Report prepared by the Department of Revenue and Land Reforms, Govt. of Bihar) 190 Annexure - 4.1.5 Sanctioned strength of the survey and settlement wing of revenue department Posts Sanctioned number Settlement Officer 13 Charge Officer 13 Assistant Settlement Officer 547 Kanungo 547 Head Clerk/Clerk 70 Moharrir 294 Draftsman 560 Amin/Surveyor 600 Driver 16 Office Attendant 800 Computer Operator 26 Total:- 3486 (Source: Director, Land Records and Survey) 191 Annexure – 4.3.1 State Profile – Bihar as on 31st March, 2011 1. PHYSICAL FEATURE Total Geographical Area (km2) 94163 Total Population (in crore) 10.381 Total Urban Population 1.172 (11.29%) 2. ADMINISTRATIVE FEATURE No. of Districts 38 No. of Sub Divisions 101 No. of Blocks 534 No. of Revenue Villages 45103 No. of Panchayat 8463 Nagar Nigam (Number) 11 Nagar Parishad (Number) 42 Nagar Panchayat (Number) 86 3. LAND UTILISATION as on 30/6/2010 (area in hectare) Geographical Area 9359568 Forest Land 621635 Area Not Available for Cultivation Land Area 1332514 Perennial Water Area 207392 Temporary Water Area 149818 Total Area put to non agriculture use 1689724 Barren and un culturable land 431715 Permanent Pasture and Grazing Land 15782 Land under Miscellaneous Tree Crops 243979 Cultivable Wasteland 45375 Current Fallow 857627 Other Fallow 121998 Net Sown Area 5331733 Total or Gross Cropped Area 7295805 Area Cultivated More than Once 1964072 Cropping Intensity (GCA/NSA) 137% 4. RAINFALL & GROUND WATER Actual Normal 2009 2010 2011 Rainfall (in mm) 1176 869 814 884 Variation from -207 -362 -292 Normal Net groundwater gross draft Balance Availability of Ground Water (Ham) availability (31st March 2009) 2620576 1135604 1384877 5. POPULATION – As per census 2011 (in crore) Male 5.419 Female 4.962 192 Total population 10.381 Rural 9.208 Urban 1.172 Total population 10.381 Decadal growth (%) 25.1 Density of population 1102 Sex-Ratio 916 Literacy (%) total 63.9 Literacy (%) Male 73.4 Literacy (%) of female 53.3 6. WORKERS PROFILE (IN ‘000) As per Census 2001 Total workers 27975 Cultivators 8194 Agricultural Labourers 13418 Workers engaged in Household 1100 Industries Other workers 5263 7. HOUSEHOLDS (in ‘000) Total Households (Census of India 2011) 18940 Rural Households (Census of India, 16927 2011) Urban Households (Census of India, 2013 2011) BPL Households (NSSO Survey, 2004- 7670 05) (Source: Economic Survey 2010-11, Govt. of Bihar; Census of India 2001 & 2011, District Statistical Hand Book) 193 Annexure – 4.3.2 Details of ULBs in Bihar Particular No. of Number of Total population Total population ULBs in Ward covered as per 2001 covered as per 2011 Bihar census census 1 2 3 4 5 Nagar Nigam 11 545 3940019 4984256 Nagar Parishad 42 1276 3105424 3927157 Nagar Panchayat 86 1351 2228688 2815604 Total 139 3172 9274131 1,17,27,016 (Source: District Statistical Hand Book) 194 Annexure – 4.3.3 Details of slums identified in major towns as on 31st December, 2013 City / Town Number Patna 110 Bhagalpur 165 Darbhanga 138 Muzaffarpur 105 Gaya 40 (Source: Urban Development & Housing Department, Govt. of Bihar) 195 Annexure – 4.3.4 Progress Report on National Ganga River Basin Authority (NGRBA) as on 30th November, 2013 Financial Progress SI. Name of Implementing Project Project Name (Expenditure) No. Town Agency Cost (Rs. in lakh) 1 2 3 4 5 6 Construction of 1 Begusarai Sewerage Treatment BUIDCO 6540.00 1114.00 Plant Construction of 2 Hajipur Sewerage Treatment BUIDCO 11362.00 2117.25 Plant Construction of 3 Buxar Sewerage Treatment BUIDCO 7495.00 929.00 Plant Construction of 4 Munger Sewerage Treatment BUIDCO 18789.00 3105.38 Plant Total = 44186.00 7265.63 (Source: Urban Development & Housing Department, Government of Bihar) 196 Annexure – 4.3.5 Progress on Urban Infrastructure Development Scheme for Small and Medium Town (UIDSSMT) as 30th November, 2013 Financial Progress Sr. Name of Implementing Total Type of Scheme Expenditure No. Towns Agency Project cost (Rs. in lakh) 1 2 3 4 5 6 1 Fathuha Road With Drains DUDA 759.82 358.94 2 Murliganj Road With Drains BUIDCo 1143.99 716.00 4712 3 Narkatiaganj Road with Drains BUIDCo 2125.00 .54 4 Rosera Road with Drains BUIDCo 2921.32 1786.00 5 Barbigha Road with Drains DUDA 1573.00 786.50 6 Bhabua Road with Drains DUDA 1088.00 494.00 7 Bakhtiyarpur Road With Drains BUIDCo 511.00 313.00 8 Lalganj Road with Drains DUDA 1263.00 564.00 9 Chaklia Road with Drains DUDA 1285.00 612.28 10 Muzaffarpur Water Supply BUIDCo 9872.25 1369.00 Solid Waste 11 Ara BUIDCo 983.99 431.00 Management Total 26113.91 9555.72 (Source: Urban Development & Housing Department, Government of Bihar) 197 Annexure – 4.3.6 Progress on Urban Infrastructure and Governance (UIG) as on 30th November, 2013 Financial Total Sr. Name of Implementing Progress Scheme Project No. Towns Agency Expenditure Cost (Rs. in lakh) 1 2 3 4 5 6 Patna Municipal Solid Waste Management 1 Patna 3695.70 Municipal for Patna town Corporation 2 Patna Integrated SWM in Patna UA 1155.81 #BUIDCo 337.00 3 Patna Khagaul Water Supply Scheme 1315.43 #BUIDCo 770.00 4 Patna Pulwarisharif Water Supply Scheme 2470.26 #BUIDCo 1101.00 5 Bodhgaya Water Supply Scheme 3355.72 #BUIDCo 1373.00 Purchase of Buses for Urban Transport as Part of 2nd Stimulus 6 Patna 3990.00 #PPP Basis - Package, approved by CSMC in its 69th meeting Purchase of Buses for Urban Transport as Part of 2nd Stimulus 7 `Bodhgaya 675.00 #PPP Basis 270.00 Package, approved by CSMC in its 69th meeting Augmentation for Water Supply 8 Patna 6896.45 #BUIDCo 1763.00 Scheme for Danapur 9 Bodhgaya Sewerage Scheme 9594.34 #BUIDCo 3788.00 10 Patna Water Supply Scheme 42698.00 #BUIDCo 8370.00 Total = 75846.71 17772.00 (Source: Urban Development & Housing Department, Government of Bihar) 198 Annexure – 4.3.7 Progress of Basic Services for Urban Poor (BSUP) as on 30th November, 2013 No. of Completed Financial Sr. Total Dwelling Site – wise No. of achievement / Name of Towns Site Name No Project cost Units DUs Dwelling Expenditure Sanctioned Units (Rs. in lakh) 1 2 3 4 5 6 7 8 Isopur 224 Indira Nagar 96 Phulwarisharif Mehta Toli 48 1 1157.04 496 192 512.84 Phase-I Garib Nawaj 48 Colony Fedral Colony 80 Saidpura 64 64 170.32 2 Khagaul Phase-I Adampur (Gari 228.65 96 32 Khana) Sarifaganj, 208 144 PMC Plot Bhitri Begumpur 48 Sadiqpur 160 Gulzarbagh Bahadarpur Housing Colony 256 Road Patna City Phase Kumhrar 32 3 6403.10 2736 637.93 -III Murtujiganj 480 Bahari Begumpur 224 Sarifaganj Govt. 48 Land Math Laxmanpur 32 Mangal Talab 80 32 Sadiqpur 608 Kurapur Chauharml 560 Total = 7788.79 3328 3328 432 1321.09 (Source: Urban Development & Housing Department, Government of Bihar) 199 Annexure – 4.3.8 Progress of Integrated Housing for Slum Development Programme (IHSDP) as on 30th November, 2013 No. of Completed No. of Total Financial Sanctioned SI. Dwelling No. of Dwelling Name of Towns Project Achievement / in year No. Units Dwelling Units in cost Expenditure (Rs. in lakh) Sanctioned Units Progress 1 2 3 4 5 6 7 8 1 Kanti 319.71 143 137 138 191.44 2 Aurangabad 307.94 247 51 175 184.42 3 Motipur 543.89 520 445 450 630.15 2006-07 4 Sheikhpura 237.67 207 52 180 195.78 5 Bhagalpur 1655.00 1188 817 1027 1620.00 6 Kishanganj Ph-1 1202.40 552 522 522 771.75 Subtotal (A) = 4266.61 2857 2024 2492 3593.54 7 Narkatiaganj 383.88 300 0 0 0.00 2006-07 8 Rosera 1432.34 1562 0 0 0.00 Subtotal (B)= 1816.22 1862 0 0 0.00 9 Bahadurganj 499.57 294 170 171 195.55 2007-08 10 Purnea 1489.66 1487 242 342 438.39 Subtotal (C)= 1989.23 1781 412 513 633.94 11 Biharsharif 2454.27 810 0 364 571.43 12 Begusarai 2449.60 853 259 415 847.88 13 Ara 3121.66 754 0 532 904.11 2008-09 14 Madhepura 1243.09 319 140 300 701.33 15 Jogbani 1271.10 321 0 321 605.36 16 Supaul 799.00 207 0 207 504.49 Subtotal (D)= 11338.72 3264 399 2139 4134.60 17 Munger 2019.02 784 0 0 0.00 18 Araria 2126.28 728 0 0 0.00 2009-10 19 Madhepura Phase –II 2032.44 776 0 0 0.00 20 Saharsa 1932.58 820 0 0 0.00 Subtotal (E)= 8110.32 3108 0 0 0 21 Barh Ph-I 3466.46 890 0 0 0 22 Kishanganj-II 3055.16 1255 0 0 0 23 Jamui 2530.18 960 0 0 0 2010-11 24 Farbesganj 2152.81 870 0 0 0 25 Gaya 4458.79 1747 0 0 0 Subtotal (F)= 15663.40 5722 0 0 0.00 26 Barh Ph-II 2029.64 500 0 0 0 27 Belsand 5054.55 1487 0 0 0 28 Mokama 6954.23 1950 0 0 0 29 Nabinagar 4366.91 1277 0 0 0 2011-12 30 Purnia Ph-II 5086.74 1615 0 0 0 31 Naubatpur 4907.37 1500 0 0 0 32 Thakurganj 4204.15 1332 0 0 0 Subtotal (G)= 32603.59 9661 0.00 0 0.00 Grand Total 75788.09 28255 2835 5144 8362.08 (A+B+C+D+E+F+G)= 200 (Source: Urban Development & Housing Department, Government of Bihar) Annexure – 4.3.9 Details of project completed by the BSHB as on 31st October, 2013 Name of Division Scheme Completed Patna Division 1 MIG Plot Bahadurpur, MIG Plot Lohia Nagar, LIG Plot Bahadurpur, 288 MIG at Bahadurpur, 480 EWS at Bahadurpur, 576 LIG at Bahadurpur, 288 EWS at Bahadurpur, 80+16 MIG Plan Scheme at Lohiya Nagar, 600 LIG Flat at Lohiya Nagar, 250 MIG House at Hanuman Nagar, 24 MIG Plan, Lohia Nagar, 100 MIG Plan, Lohia Nagar, 24+129 MIG Plan, Lohia Nagar and 144 HIG at Bahadurpur Patna Division 2 MIG Plot Digha, LIG Plot Digha, HIG Plot Digha, 144 HIG at Bahadurpur, 384 MIG, 480 LIG, 192 MIG and 96+144 LIG Patna Division 3 56-C- SFS, 64-A3- KFS, 48-A-SFS, 72-B- SFS, 48 MIG Plan and 192 MIG HUDCO Patna Public Health 206 EWS Plot, Bahadurpur, 184 LIG Plot, 17 MIG House, 41 LIG Division House, SFS, MIG FLAT, 7 HIG FLAT, 126 LIG (HUDCO), 126 LIG, Dalpatpur, Arrah, 106 MIG , Dalpatpur, Arrah, 48 LH3 Type at Dalpatpur, Arrah, 184 LIG Plot Self at Bahadurpur and LH1 Type, Arrah, Gaya Division 376 LIG House at M. Bad, 266 LIG Plot, Ashikpur, 84 HIG Plot at Ashikpur, Sasaram, 154 MIG Plot at Ashikpur, Sasaram, 44 HIG Plot at A.P. Colony, 100 MIG House at A.P. Colony, 50 LIG at A.P. Colony, 168 Janta Flat (EWS) at A.P. Colony, 95 MIG Plots at A.P. Colony and 166 MIG House at M.Bad, 50 LIG House (Plan) at M.Bad, Darbhanga Division 96 LIG (Plan), 48 MIG (Plan), LIG Plot at Samastipur, 110 LIG (HUDCO), 96 MIG (HUDCO) and 48 EWS Plan Bhagalpur Division LIG Row House, Barari, 36 LIG Flat, 24+48 MIG House, HIG Plot, LIG House, Purnea, Janta House, 50 MIG House (Plan), Barari, IG Plots, R/C Plots, 30 MIG House and MIG Plots Muzaffarpur Division HIG Plot at Damodarpur, MIG Plot at Damodarpur, LIG Plot at Damodarpur, EWS at Damodarpur, 93 LIG at Damodarpur, 62 MIG at Damodarpur, 40 MIG at Damodarpur, Plot Scheme at Damodarpur, HIG Plots at Sada, LIG Plots at Sada, MIG Plots at Sada, Chhapra, EWS Plots at Sada, Chhapra, LIG and Plot at Prabhunath Nagar, (Source: Website of BSHB) 201 Annexure – 4.3.10 Height of building and FAR as per present and proposed norms Road Width FAR Present norms Proposed norms in draft bye- laws 6 metre 2 0.75 6-9 metre 2.5 1.25 9-12 metre 2.5 1.50 12-15 metre 2.5 1.75 15-18 metre 2.5 2.00 18-30 metre 2.5 2.25 30 metre or more 2.5 3.00 (Source: Building Bye-laws) 202 Annexure – 4.3.11 Minimum size of plots for different categories of building as per proposed bye-laws Category Min. road width(m) Min. size of plot in Sq. m. Marriage Halls 12 1000 Cinema, game centers, Multiplex, 18 2000 convention centers Social clubs and amenities 12 1000 Multi storey car parking 12 1000 Office buildings 12 300 Primary/Upper Primary school 12 2000 High School , Residential school 12 6000 +2 College / Junior college 12 4000 Degree College 12 6000 Technical educational institution 12 10000 Petrol pumps / Filling stations 12 500 Restaurant 12 500 LPG storages 12 500 Places of congregation 12 500 Public libraries 12 300 Conference hall 15 1000 Community hall 12 500 Nursing homes/polyclinics 12 300 Hotel 18 2000 R and D Lab 15 1500 (Source: Draft Building Bye-laws, 2013) 203 Annexure – 4.3.12 Plot Size wise Permissible Set Backs and Height of Buildings as per proposed bye-laws Minimum Minimum Front setback (in Mts) Abutting setbacks other Maximum road width sides(in Mts) height of Plot size (in 12 Mts building 9 Mts 18 Mts Sq. Mts) Less and permissible and and less Above 30 Rear Other than 9 less (in Mts) below than 30 Mts. Side side Mts than 18 12 Mts Mts. Mts 1 2 3(a) 3(b) 3(c) 3(d) 3(e) 4 5 Less than 7 1.0 - 100 100 &upto 10 2.0 2.0 2.5 3.0 4.5 1.5 1.0 200 Above 200 10 2.0 1.0 &upto 300 Above 300 12 3.0 1.5 &upto 400 3.0 3.0 3.5 4.5 6.0 Above 400 12 3.0 3.0 &upto 500 Above 500 15 3.5 3.5 &upto 750 4.5 4.5 4.5 4.5 6.0 Above 750 15 3.5 3.5 (Source: Draft Building Bye-laws, 2013) 204 Annexure – 4.3.13 Provision of exterior open spaces around the buildings as per proposed bye-laws SI. No. Height of the Building Upto (m.) Exterior open spaces to be left out on all sides in m. (front rear and sides in each plot) 1 More than15 and upto 18 6 2 More than 18 and upto 21 7 3 More than 21and upto 24 8 4 More than 24 and upto 27 9 5 More than 27 and upto 30 10 6 More than 30 and upto 35 11 7 More than 35 and upto 40 12 8 More than 40 and upto 45 13 9 More than 45 and upto 50 14 10 More than 50 15 (Source: Draft Building Bye-laws, 2013) 205 Annexure – 4.3.14 Far as per road width as per existing and proposed bye-laws Proposed FAR as Road width in m. Existing FAR per draft building bye-laws Up to 6 2 0.75 6 or more & less than 9 2.5 1.25 9 or more & less than 12 2.5 1.50 12 or more & less than 15 2.5 1.75 15 or more & less than 18 2.5 2.00 18 or more & less than 30 2.5 2.25 30 or more 2.5 3.00 (Source: Draft Building Bye-laws, 2013) 206 Annexure – 4.3.15 Height restriction with respect to approach funnels as per proposed bye-laws Distance from nearest runway end (in Maximum Permissible height above the metres) elevation of the nearest runway end (in metres) Up to 360 0 361 to 510 6 511 to 660 9 661 to 810 12 811 to 960 15 961 to 1110 18 1111 to 1260 21 1261 to 1410 24 1411 to 1560 27 More than 1560 30 (Source: Draft Building Bye-laws, 2013) 207 Annexure – 4.3.16 Height restriction with respect to transitional area as per proposed bye-laws Distance of the Inner Boundary of the Maximum Permissible height above Transitional Area (Outer Boundary of the the elevation of the airport reference Air Port) point [metres] [Metres] Up to 21 0 22 to 42 3 43 to 63 6 64 to 84 9 85 to 105 12 106 to 126 15 127 to 147 18 148 to 168 21 169 to 189 24 190 to 210 27 More than 210 M 30 (Source: Draft Building Bye-laws, 2013) 208 Annexure – 4.3.17 Off Street Parking Space as per proposed bye-laws SI. Category of building/ activity Parking area to be provided as No. per centage of total built up area (1) (2) (3) 1 Shopping malls, Shopping malls with 50 Multiplexes/ Cineplex’s, Cinemas, Retail shopping centre, IT / ITES complexes and hotels, marriage halls and banquet halls 2 Restaurants, Lodges, Other commercial, 40 Assembly buildings, Offices and High-rise buildings/ complexes 3 Residential apartment buildings, Group 30 Housing, Clinics, Nursing Homes, Hospitals, Institutional and Industrial buildings. (Source: Draft Building Bye-laws, 2013) 209 Annexure – 4.3.18 Land Use Classification and Permissible Uses as per modified building bye-laws 1996 Uses permissible if allowed by Zone Uses permitted the Authority after special appeal 1 2 3 Residential 1. Residence, Hostels and 1. Places of worship Boarding Houses with density Limitations. 2. Nursery, Kinder garden and 2. Professional, Commercial High Schools, and Government Offices, 3. Clinics, Social and cultural 3. Service uses and retail institution with adequate shops of a neighbourhood parking facilities. character when located in local shopping centres or in concentrated locations or as shown in the Zonal Development plan of the areas when prepared. 4. Retail shopping and 4. Hotels, hospitals and community facilities with sanatoria not treating adequate parking facilities. contagious diseases or mental patients, provided the set back and coverage of plots are such as not to constitute nuisance to the residential area. 5. Neighbourhood recreational 5. Non-commercial poultry use including clubs and others and cattle farms provided that such public recreational a part of such building is not facilities with adequate such that 50 ft. away from a parking facilities. dwelling or property line. 6. Institutions of higher learning. 7. Bus depots, railway passenger and freight station. 8. Petrol filling Stations on road of 90 ft. width and above. 9. Service and storage Yard, taxi and scooter stands. B. Commercial (Retail) 1. Retail shops and markets. 1. Social and welfare institutions 2. Business and professional 2. Petrol filling stations and Offices. garages with adequate set back and coverage so that there is no nuisance created to the 210 locality. 3. Service uses shops like 3. Coal, Wood or Timber yard. barbers, tailors, laundry cleaners etc. 4. Restaurants and places of 4. Light manufacturing units entertainment with adequate employing not more than 4 parking places. persons with or without power provided the goods manufactured are sold on the premises in retail and that does not create nuisance or hazard. 5. Residences, Hostels and 5. Taxi and Scooter stand, Bus Boarding Houses and social Terminal (Parking areas and welfare institutions requirements for all the above provided they are located in uses must be approved.) the first and higher floors. 6. Meat, Fish, Vegetables and fruit markets. 7. Roofed storage for legitimate retail business. 8. Public and semi-public recreational discos. 9. Public utilities and buildings (Parking area requirements for all these uses must be approved) C. Commercial (Wholesale) 1. Wholesale and retail shops. 1. Truck terminals and parking. 2. Storage for wholesale uses 2. Market, Clinic, Social and except when specifically Cultural institutions. prohibited. 3. Commercial and 3. Dwelling for watch-and- Government Offices. ward Parking, loading & unloading requirements must be approved for all the above uses). 4. Restaurants, and residences provided they are located in first and higher floors. 5. Public utilities and buildings (Parking, loading and unloading requirements must be approved for all the above uses.) D. Industrial 1. Industries which do not 1. Bus and Truck Terminal. cause excessive, injurious or obnoxious noise, vibration, smokes, gas, flames, odour, 211 dust, effluent or other objectionable conditions and do not employ more than 100 workers. (Parking, loading and unloading requirements must be approved for all uses. 2. Railway passenger and freight terminal. 3. Petrol filling Station, Taxis and Scooter stands, junk yards. 4. Dwellings for watch and ward staff, canteen and recreational facilities for the employees. E. Public and semi-Public 1. Local, State and Central 1. Residences and other uses uses. Government Offices and use incidental to main use in no of land for defence purposes. way causing any nuisance or hazard. 2. Social and cultural 2. Outdoor theatres and drive- institutions. in-cinemas. 3. Radio Transmitters and 3. Restaurants and selling of Wireless Stations subject to eatables. height and density restrictions. 4. Educational, Medical and 4. Uses clearly incidental to research institution. recreational use which will not create nuisance or hazard. 5. Social and cultural 5. Dwelling for watch and institutions. ward staff. (Parking area requirements for all uses must be approved). 6. Moments and religious institutions. 7. Public utilities and buildings. 8. Cremation grounds and cemeteries. 9. Bus and Railways passenger terminals. 10. Parks, play-grounds and special recreational areas. (Parking area requirements for all these uses must be approved). Agricultural 1. Agricultural and 1. Places of worship. horticulture. 2. Dairy and Poultry farming. 2. Special educational and cultural buildings. 3. Farm houses and accessory 3. Parks and non-commercial 212 buildings of appropriate and semi-public, recreational specification. uses. 4. Brick Kilns. 4. Storage and processing & (Parking area requirement for sale of farm product. all these uses must be approved). 5. Service and repair of farm implements. 6. Public utility and building (Parking area requirement for all these uses must be approved). (Source: Urban Development and Housing Department, Govt. of Bihar) 213 Annexure – 4.3.19 Land Uses Permitted / Prohibited in Different Use Zones in Proposed Building Bye- Laws 2013 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority 1 2 3 4 5 1 Residential Use 1. Residence 1. Heavy, large and Zone plotted (detached, extensive semi-detached and industries, noxious, row housing), 1. Places of worship obnoxious and apartment, group hazardous housing, work-cum- residential 2. Hostels, 2. Shopping centres 2. Warehousing, boarding and (only for medicines and storage godowns of lodging houses associated goods) perishables, hazardous, inflammable goods, wholesale mandis, junk yards 3. Night shelters,11 3. Municipal, state and 3. Workshops for dharamshalas, central government buses guest houses offices 4. Educational 4. Colleges and 4. Slaughter houses buildings (nursery, research institutions primary, high school) 5. Neighborhood 5. Petrol filling stations 5. Hospitals level social, convenient shopping or treating contagious cultural and tabagie diseases recreational facilities with adequate parking provisions 6. Marriage and 6. Places of 6. Sewage community halls entertainment, cinema treatment plants halls, restaurants and and disposal sites hotels 7. Convenience 7. Markets for retail 7. Water treatment shopping, local Goods plants, solid waste 11 But essentially not on main artery, such as Ashok Raj Path and on career building institutions. 214 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority (retail) shopping dumping grounds 8. Community 8. IT and IT enabled 8. Outdoor and centers, clubs, Services indoor games auditoriums stadiums, shooting range 9. Exhibition and 9. Tourism related 9. Bird Sanctuary art galleries; Services Zoological garden, botanical garden, 10. Libraries and 10. Motor vehicle 10. International gymnasiums repairing workshop, conference centers garages, storage of LPG cylinders 11. Health clinics, 11. Burial grounds 11. District yoga centers, battalion offices, dispensaries, forensic science nursing homes and laboratory health centers (20 beds) 12. Public utilities 12. Printing presses 12. All uses not and buildings employing not more specifically except service and than 10 persons permitted in storage yards, column (2) and (3) electrical distribution depots and water pumping stations 13. Nursery and 13. Godowns green houses /warehousing of nonperishables 14. Services for 14. Bus depots without households (salon, Workshop parlours, bakeries, sweet shops, dry cleaning, internet kiosks etc.) 15. Banks and 15. Household professional industries if the area for offices not such use does not exceeding one exceed one floor and floor there shall be no public display of the goods 16. Bus stops, taxi 16. Consulates stands, 3 wheeler/auto stands, rickshaw stands 17. Police posts and post offices 18. Parks and tot– 215 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority Lots 2 Retail 1. Retail business, 1. Associated 1. Polluting Commercial and Mercantile residential uses industries Business Use 2. Commercial 2. Wholesale storage 2. Heavy, Zone Centers Yards extensive, noxious, obnoxious, hazardous and extractive industrial units 3. Banks, financial 3. Service garages 3. Hospitals, services and stock provided they do not research laboratories exchanges directly about the main treating contagious road, Stock exchanges diseases 4. Perishable 4. Printing presses 4. Poultry farms, goods markets employing not more dairy farms, than 10 persons slaughter houses 5. Business and 5. 20 bedded hospitals 5. Sewage professional not treating contagious treatment plants offices diseases and mental and disposal sites, patients solid waste treatment plants and dumping grounds 6. Private 6. Weigh bridges 6. Agricultural institutional uses, storage of offices and semi perishable and government inflammable offices commodities 7. Shops and 7. Colleges, 7.Quarrying of shopping malls polytechnics and higher gravel, sand, clay technical institutes and stone 8. Commercial 8. Sports complex and 8. Bird sanctuary Services stadiums. Zoological gardens, botanical gardens 9. Restaurants and 9. Transient visitor’s 9. Sports training Hotels Homes centers 10. Hostels, 10. Places of 10. District boarding houses, entertainment, battalion offices social and welfare recreational uses and institutions, guest museums houses 11. Convenience 11. Convention centers 11. Forensic and neighborhood science laboratory shopping centers, and all other local shopping related activities centers, weekly which may cause and formal nuisance markets, bakeries and 216 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority confectionaries 12. Cinema halls, 12. Religious places 12. Court theaters, banquet halls, auditoriums 13. Marriage and 13. Public utilities, 13. All uses not community halls, telephone exchanges specifically night shelters permitted in the column (2) and (3) 14. Clinics and 14. Police posts and nursing homes post offices 15. Petrol Pumps 15. Residential, apartment, group housing 16. IT and IT 16. Picnic Hut enabled services 17. Commercial institutes, research and training institutes 18. Parking lots 19. Taxi stands, 3 wheeler/auto stands, rickshaw stands 3 Wholesale 1. Wholesale and 1. Truck terminal, bus 1. Polluting Commercial retail business depots and parking Industries Use Zone 2. Wholesale and 2. Freight terminal 2. Large scale storage buildings storage of hazardous and other inflammable materials except in areas, specifically earmarked for the purpose 3. Commercial and 3. Warehousing, 3. All uses not business offices storage godowns of specifically and work places perishable, permitted in inflammable goods, columns (2) and (3) coal, wood, timber yards 4. Petrol pumps 4. Service centers, and service garages, workshops stations on roads of 12 meter or more ROW 5. Godowns, 5. Non- polluting, covered storage nonobnoxious and warehousing light industries 6. Weigh bridges 6. Junk-yards 217 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority 7. Bus stops, taxi 7. Gas installation and stands, 3 gas works wheeler/auto stands, rickshaw stands 8. Parking spaces 8. Railway yards and stations, road freight stations 9. Restaurants 9. Banks and financial Services 10. Public utilities 10. Associated residential uses, residential, apartment, group housing 11. Police station/ 11. Government and posts, post offices Semi-government Offices 12. Water treatment Plants 4 Industrial Use 1. All kind of 1. Heavy, extensive 1. General business Zone nonpolluting and other obnoxious, unless incidental to industries hazardous industries and on the same subject to the approval site with industry of the Bihar Pollution Control Board 2. IT and ITES 2. Industrial Research 2. Schools and Institute Colleges 3. SEZs notified 3. Technical 3. Hotels, motels by government of Educational Institutions and caravan parks India 4. Loading, 4. Junkyards, sports/ 4. Recreational unloading spaces stadiums/ playgrounds spots or centers 5. Warehousing, 5. Sewage disposal 5. Other nonindustrial storage and depots works, electric power related of nonperishable plants, service stations activities and noninflammable commodities 6. Cold storage 6. Govt. semi-govt., 6. Religious and ice factory private business offices Buildings 7. Gas godowns 7. Banks, financial 7. Irrigated and institutions and other sewage farms commercial offices 8. Wholesale 8. Agro-based 8. Major oil depot business industries, dairy and and LPG refilling establishments farming plants 9. Petrol filling 9. Gas installations and 9. Social buildings station with gas works garages and service stations 10. Bus terminals 10. Workshops garages 10. All uses not 218 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority and bus depots and specifically workshops permitted in columns (2) and (3) 11. Parking, taxi 11. Residential, stands, 3 apartment , group wheeler/auto housing, hotels and stands, rickshaw guest houses stands 12. Residential 12. Museum buildings for essential staff and for watch and ward 13. Public utilities 13. Helipads 14. Hospitals and medical centers 5 Public and Semi 1. Government 1. Residential flats, 1. Heavy, extensive public offices, central , residential plots for and other Use Zone state, local and group housing and staff obnoxious, semi-government, housing, Residential, hazardous public undertaking apartment, group industries offices housing 2. Universities and 2. IT services 2. Slaughterhouses specialized educational institutions, colleges, schools, research and development centers 3. Social and 3. Defense quarters 3. Junkyard welfare centers 4. Libraries 4. Hostels, transit 4. Wholesale Accommodation mandies 5. Hospitals, 5. Entertainment and 5. Dairy and health centers, recreational complexes poultry farms, dispensaries and farmhouses clinics 6. Social and 6. Nursery and 6. Workshops for cultural institutes kindergarten, welfare servicing and center repairs 7. Religious 7. Open air theater, 7. Processing and Buildings Playground sale of farm products 8. Conference 8. Residential club, 8. All uses not Halls guest house specifically permitted in columns (2) and (3) 9. Community 9. Bus and Truck halls, marriage terminals, helipads halls, 219 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority dharamashala 10. Museums, art 10. Parking areas, taxi galleries, stands, 3 wheeler/auto exhibition halls, stands, rickshaw stands auditoriums 11. Police stations, police lines, jails 12. Local state and central govt. offices uses for defense purpose 13. Educational and research Institutions 14. Social and cultural and religious institutions 15. Local municipal facilities 16. Uses incidental to govt. offices and for their use 17. Monuments 18. Post offices, Telegraph offices, public – utilities and buildings 19. Radio and television station 6 Utility and 1. Post offices, 1. Service industry 1. Any building or Services Use Telegraph offices, structure which is Zone public – utilities not required for and building uses related to public utilities and activities is not permitted therein. 2. Water 2. Warehouse/storage 2. Heavy, extensive Treatment Plant, Godowns and other Sewage Treatment obnoxious, Plant, Solid waste hazardous Treatment Plant industries solid waste dumping grounds 3. Radio 3. Health center for 3. All uses not transmitter and public and staff or any specifically wireless stations, other use incidental to permitted in telecommunication public utilities and column (2) and (3) centers, telephone services 220 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority exchange 4. Water supply 4. Information/Payment Installations Kiosk 5. Sewage disposal 5. Incidental/ancillary Works residential use 6. Service stations 6. Truck terminals, Helipads 7. Cremation 7. Commercial use grounds and Center cemeteries/burial ground 8. Power plants/ Electrical substation 9. Radio and television station 10. Fire stations 7 Open Space Use 1. Specialized 1. Building and 1. Any building or Zone parks/ maidans for structure ancillary to structure, which is multipurpose use use permitted in open not required for spaces and parks such open air recreation, as stands for vehicles dwelling unit on hire, taxis and except for watch scooters and ward, and uses not specifically permitted therein. 2. Regional parks, 2. Commercial use of 2. All uses not district parks, transit nature like specifically playgrounds, cinemas, circus and permitted in children’s parks other shows column (2) and (3) 3. Clubs 3. Public assembly Halls 4. Stadiums, picnic 4. Restaurants huts, holiday resorts 5. Shooting range, 5. Parking areas, sports training Caravan parks center 6. Swimming 6. Open air cinemas/ Pools Theatre 7. Botanical/ 7. Entertainment and zoological garden, recreational complexes bird sanctuary 8. Green belts 8. Community hall, Library 9. Bus and railway 9. Open air theater, passenger theme parks, terminals amphitheatres 10. Residential club, 10. Public utilities guest house and facilities such as police post, fire 221 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority post, post and telegraph office, health center for players and staff 11. Camping sites 11. Animal racing or riding stables 12. Yoga and meditation centres 13. Commercial uses Center 14. Special education Areas 15. Incidental/ancillary residential use 8 Transportation 1. All types of 1. Way side shops and 1. Use/activity not Use Zone Roads Restaurants specifically related to transport and communication permitted herein. 2. Railway stations 2. Authorised/Planned 2. All uses not and yards Vending areas specifically permitted in column (2) and (3) 3. Airport 3. Incidental/ancillary residential use 4. Bus stops and 4. Emergency health Bus and Truck care centre Terminals 5. Taxi stands, 5. Tourism related auto stands, Activities rickshaw stands 6. Ferry ghats 6. All ancillary (complimentary) uses for above categories (subject to decision of the Authority) 7. Parking areas 8. Multi level car Parking 9. Filling stations 10. Transport offices, booking offices 11. Night shelter, boarding houses 12. Banks 13. Restaurants 14. Workshops and garages 15. Automobile 222 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority spares and services, Godowns 16. Loading and unloading platforms (with/without cold storage facility), weigh bridges 17. Ware houses, Storage depots 18. Utility networks (drainage, sewage, power, telecommunications) 9 Agricultural and 1. Agriculture and 1. Houses incidental to 1. Residential use Forest Use Zone Horticulture this use except those ancillary uses permitted in agricultural use zone 2. Dairy and 2. Parks and other 2. Heavy, poultry farming, recreational uses extensive, milk chilling obnoxious, noxious center and hazardous industries 3. Storage, 3. Wayside shops and 3. Any activity processing and Restaurants which is creating sale of farm nuisance and is produce obnoxious in nature 4. Dwelling for the 4. Hospital for 4. All uses not people engaged in infectious and specifically the farm (rural contagious diseases, permitted in settlement) mental hospital after column (2) and (3) clearance from the Authority 5. Farm houses 5. Agro serving, agro and accessory processing, agro buildings business 6. Aforestation 6. Cottage industries 7. Burial and cremation grounds 8. Service industries accessory to obnoxious and hazardous industries 9. Ice factory, cold Storage 10. Godowns and ware Houses 223 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority 11. Soil testing lab 12. Normal expansion of land uses only in the existing homestead land 13. Solid waste management sites, Sewage disposal works 14. Electric sub station 15. Quarrying of gravel, sand, clay or stone 16. Building construction over plots covered under town planning scheme and conforming uses 17. Brick kilns and extractive areas 18. Eco-tourism, 5. For notified camping sites, eco forest land only parks, aforestation is eco-lodges permitted and Item 19. Special outdoor nos. 18 and 19 from Recreations column (3) are permissible by the competent authority 10 Water Bodies 1. Rivers, canals 1. Fisheries 1. Use/activity not Use Zone specifically related to Water bodies Use not permitted herein. 2. Streams, water 2. Boating, water 2. All uses not Spring theme parks, water specifically sports, lagoons permitted in column (2) and (3) 3. Ponds, lakes 3. Water based resort with special bye-laws 4. Wetland, aqua 4. Any other culture pond use/activity incidental to Water bodies Use Zone is permitted. 5. Reservoir 6. Water logged/marshy area 11 Special Heritage Zone 1. Heritage 1. Residential. 1. Use/activity not 224 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority interpretation specifically related center, art galleries to Special Heritage and sculpture Use Zone not complex permitted herein. 2. Public –semi 2. Educational and 2. Multi-storeyed public. research institutions building 3 Recreational. 3. Social and cultural 3. Multiplex, Institutions Shopping Mall 4. Theme Parks, 4. Commercial. 4. Dumping ground Archaeological Parks / Gardens. 5. Amphitheaters. 5. Commercial 5. Sewerage Activities Treatment 6. Open Air 6. Craft based cottage 6. All uses not Museums. Industries specifically permitted in column (2) and (3) 7. Restoration of 7. Hotels, guest protected and houses, lodges , resorts enlisted monuments and precincts by the concerned authority only (ASI / State Archaeology) 8. Recreational. 8. Auditorium 9. Theme Parks, 9. camping sites , Archaeological special training camps Parks / Gardens. 10. Hospitals and health Centers 11. Multi-storeyed Parking 12 Environmentally Sensitive Zone 1. River front 1. Apartment 1. Plotted housing Developments Buildings, corporate type housing adopting modern technology. 2. Scenic value 2. Hospitals and health 2. Small industries areas. Theme Institutions or small institutions parks, yoga parks, sports centres and community recreational areas, International convention centre 3. River side 3. Educational, 3. Use/activity not green areas technical, research specifically related institutes of higher to Environmentally order Sensitive Use Zone 225 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority not permitted herein 4. Existing village 4. Water Treatment 4. No development Settlements Plant, Sewage of any kind is Treatment Plant, Solid permitted between waste Treatment Plant the solid waste dumping River/Canal/Stream grounds and the embankment 5. Art academy, 5. All uses not media centres, specifically food courts, music permitted in column (2) pavilions and (3) 6. Parking areas, visitor facilities 7. Boating , Picnic huts, Camping sites Special Training camps 8. Existing residential or other uses. 9. Resorts, sculpture complex, lagoons and lagoon resort, water sports. 10. Tourist and pilgrim related commercial activities, hotels and lodges 11. Non-polluting, agro-based and processing industries, Storage or Godowns for food grains 13 Urban 1. Independent 1. Sewage treatment 1. Heavy, large and Agriculture use residence, guest plants and disposal extensive Zone houses sites industries, noxious, obnoxious and hazardous industries 2. Educational 2. Water treatment 2. Warehousing, buildings plants, solid waste storage godowns of (nursery, dumping grounds perishables, primary, high hazardous, school) inflammable goods, wholesale mandis, 226 Uses / Activities Uses / Activities Uses/Activities SN Use Zone Permissible on Permitted Prohibited approval by Authority junk yards 3. Neighborhood 3. Outdoor and indoor 3. Workshops for level social, games stadiums, Buses cultural and shooting range recreational facilities with adequate parking provisions 4. Marriage and 4. Zoological garden, 4. Slaughter houses community halls botanical garden, bird sanctuary 5. Community 5. Planned Township 5. Hospitals centers, clubs, Development treating contagious auditoriums diseases 6. Exhibition 6. International and art galleries conference centers 7. Public utilities 7. District battalion and buildings offices, forensic except service science laboratory and storage yards, electrical distribution depots and water pumping stations 8. Nursery and 8. All uses not green houses specifically permitted in column (2) and (3) 9. Parks and tot– Lots 10. All permitted activities in ‘Agriculture Use Zone’ (Source: Draft Building Bye-laws, 2013) 227 Annexure - 4.4.1 Details of Khas Mahal Land in the state as on 31st March, 2013 Particulars Area in acre Percentage Total land 5036.03 acres Land given on lease 1437.78 acres to 6308 beneficiaries 28.5% Balance land available 3598 acres 71.5% (Source: Department of Revenue and Land Reforms, Govt. of Bihar) 228 Annexure – 4.4.2 Details of Gairmazruha Malik land in the state as on 31st March, 2013 Particulars Area in acre Percentage Total land 17,96,229.59 Unsuitable land 9,21,909.40 51.3% Suitable land for distribution 8,74,320.19 48.7% Land distributed 7,83,591.25 43.6% Balance Suitable land available for 90,728.94 5.1% distribution Balance Gairmazruha land (suitable + 10,12,638.35 56.3% unsuitable) available (Source: Department of Revenue and Land Reforms, Govt. of Bihar) 229 Annexure – 4.4.3 Details of Gairmazruha Aam land in the state as on 31st March, 2013 Particulars Area in acre Percentage Total land 9,07,809.99 Suitable land for distribution 78503.20 8.6% Unsuitable land 8,29,306.79 91.3% Land distributed 30968.93 3.4% Balance suitable land available for 47534.27 5.2% distribution Total balance land available (suitable + 8,76,841.06 acres 96.5% unsuitable) (Source: Department of Revenue and Land Reforms, Govt. of Bihar) 230 Annexure – 4.4.4 Details of Ceiling surplus land in the state as on 31st March, 2013 Particulars Area in acre Percentage Total surplus land acquired 3,63,415.71 Land distributed 273251.64 75.1% Balance land available 48654.77 13.3% (Source: Department of Revenue and Land Reforms, Govt. of Bihar) 231 Annexure – 4.4.5 Details of Bhoodan land in the state as on 31st March, 2013 Particulars Area in acre Percentage Total land 6,48,593.14 Confirmed land 3,45,349.02 53.2% Unconfirmed land 3,03,244.12 46.8% Unsuitable for distribution 3,85,793.79 59.5% Confirmed land distributed 2,56,092.64 39.5% Balance confirmed (suitable) land available 1264.22 0.2% Balance Bhoodan Land Available 392500.5 60.5% (Confirmed + Unconfirmed) Land distributed to beneficiaries 351284 beneficiaries (Source: Concept Paper of Chairman Bhoodan Yagna Committee, Bihar) 232 Annexure – 4.5.1 Land Acquired by Govt. for various Central / State Government’s Projects since the year 2005-2006. (Area in Acre) SI. Year Name of Project Total No. 2005-06 2006-07 2007-08 2008-09 2009-10 2011-12 2012-13 1. Railway Projects. 973.00 2421.93 1067.14 464.93 448.53 514.13 140.89 6030.55 2. Kanti Thermal Power Station, Muzaffarpur. 369.3 31.24 400.54 3. Pirpaiti Thermal Power Station, Bhagalpur. 988.33 11.75 1000.08 4. Barauni Thermal Power Station, Begusarai. 3.75 3.75 5. Chausa Tharmal Power, Bauxar. 1078.98 14.72 1093.70 6. Kajra Thermal Power, Lakhisarai. 1102.66 36.35 1139.01 7. N.P.G.C. Aurangabad. 922.51 319.56 1242.07 8. Power Grid Corporation of India. 7 11.5 4.50 9.43 39.06 33.37 40.52 145.38 9. Sashastra Seema Bal (SSB) 571.55 83.15 99.98 59.80 208.12 190.94 1213.54 10. Bihta- Sarmera National Highway, Patna. 490.24 136.84 627.08 11. Chandi-Sarmera National Highway, Nalanda. 389.72 76.12 465.84 12. National Highway No. - 28,88, & 83 128.51 128.51 13. National Highway No.- 87 (Runnisaidpur – 4.5 74.77 79.27 Vishawa) Sitamarhi. 14. National Highway No. - 86 (Saraiya – 15.5 16.81 32.31 Motipur) Muzaffarpur. 15. Mega Industrial Park, Bihta, Patna. 2.42 2.42 16. National Highway (Mohammadpur – 53.7 53.70 Chapra), Saran. 17. National Highway (Sakaddi – Nasariganj), 110.54 87.14 197.68 Bhojpur. 18. Kanwariya Path, Munger / Banka. 8.45 23.3 31.75 19. Infrastructure Development, Nalanda. 463.99 262.26 726.25 20. For bridges and approach roads (Ganga and 1037.41 804.31 1841.72 other rivers. 21. Bhagmati Tatband 103.8 81.19 184.99 22. B.R.B.C.L, Aurangabad 23.33 126.59 149.92 23. National Highway (Sakaddi – Nasariganj), 10.22 10.22 Rohtas. 24. N.T.P.C. Barh 353.62 962.3 22.73 18.28 1356.93 25. Super Tharmal Power, Nabinagar 10.51 45.04 393.70 695.48 68.53 1213.26 26. Joint Coordination Checkpoint 10.71 333.9 344.61 27. Industrial Development Centre 2207.18 899.7 256.02 209.38 3572.28 28. High level bridge on Punpun river 0.1 0.10 29. Punpun barrage Aurangabad 125.27 138.03 263.30 30. Western Parallel canal, Rohtas 11.69 11.69 31. Bhim Dam Tourist Place, Munger 13.4 13.40 32. Thana Bhawan, Sitamarhi 4.31 4.31 33. Nalanda University, Nalanda 26.09 26.09 34. Approach road for HL bridge on tenth mile at 14.67 14.67 Sitamarhi 35. Communication Centre at Bagaha Police 0.6 0.60 District 36. Approach road on Barkha River Bridge, 8.87 8.87 Araria 37. Superintendent of Police Office, Bagaha 1.1 1.10 38. Control room at Bagaha District Police 0.72 0.72 233 39. Tourist Complex, Vaishali 10.05 10.05 40. Construction of police line in Bagaha District 45.05 45.05 Police 41. ROB at ward No. 7 in Municipal Corporation 0.24 0.34 0.58 Muzaffarpur 42. Jail Building Construction at Jamui 40 40.00 43. Balthar Thana Building 1.5 1.50 44. Construction of Gopalganj Police Line 19.86 19.86 45. Approach Road Construction in Samatipur 3.05 3.05 Borage 46. Drinking Water Supply Scheme Aara 20.70 20.70 47. Approach Road construction on Dubbaghat 5.08 5.08 48. Samastipur Tatbandh 2.15 2.15 49. Aamgola Railway Over Bridge, Muzaffarpur 0.22 0.22 50. Construction of Jhugi-Jhopri Fatehpur, Patna 12.73 12.73 51. B.N. Mandal University, Madhepura 99.9 99.90 52. Reserve Centre, Araria 30 30.00 53. Thana Bhawan, Bhagwanpur 0.9 0.90 54. Maanpur Thana Bhawan (West Champaran) 1.49 1.49 55. Kangali Thana Bhawan 1.5 1.50 56. Angotha Hathauji Drainage Scheme Siwan 3.86 1.5 5.36 57. Nalanda Medical College 50.01 50.01 58. Connecting Road for Jharhi Pul Gopalganj 0.12 0.12 59. Approach Road Samastipur Mauza – 0.18 0.18 Sahbajpur 60. O.P. Construction, Madhubani Mauza – 1 1.00 Rudrapur 61. Bhagmati Embankment construction, 158.84 37.76 196.60 Muzaffarpur 62. Road Bridge Patna, Moharrampur 0.004 0.00 63. Solid Waste Material, Patna 46.86 46.86 64. Rehabilitation in Muzaffarpur District 17.06 17.06 65. Nala construction in Rajwara diara in 0.00 Samastipur 66. Construction of high level bridge on Riga 0.48 0.48 River at Sitamarhi District 67. Industrial Training Institute, Kalyan Bigha, 9.66 9.66 Nalanda 68. Reverse Middle School, Kalyan Bigha, 0.3 0.30 Nalanda 69. High School, Kalyan Bigha, Nalanda 4.85 4.85 70. Police Training Centre, Nalanda 133.28 133.28 71. Approach path river bridge, Nalanda 6.25 6.25 72. Kalyan Bigha Path Widening, Mauza- 1.70 1.70 Bamochak, Nalanda 73. Guide dam on Bagmati River, Sitamarhi 2.86 2.86 74. Construction of high level bridge, Mauza – 3.02 3.02 Ghat Kusumbha, Sheikhpura 75. Railway over bridge, Bariyarpur, Munger 0.39 0.39 76. Construction of BIPARD building, Gaya 15.92 15.92 77. High level bridge on Bagmati River in 15.8 15.80 Sitamarhi District 78. Bharthua Ringhband Muzaffarpur 18.8 18.80 79. Rehabilitation in Vishanpur Umapar in 17.26 17.26 Muzaffarpur District 234 80. Rehabilitation of Rahimpur Md. Gautam of 3.57 3.57 Begusarai District 81. Rehabilitation scheme in Kumarchakki in 5.9 5.90 Khagaria District 82. Scape Regulator Construction at Araria 0.18 0.18 83. Homeless and home base 1.28 1.28 84. Mohania subdivision office, Kaimur 15 15.00 85. Maner Tourist Place, Patna 0.96 0.96 86. Bus Terminal Patna 25.02 25.02 87. Gaya Airport 88.54 88.54 88. CRPF Kobara Batalian, Barwadi, Gaya 107.48 107.48 89. Transforming lane for tourists 1.25 1.25 90. Construction of Bridge at Kaimur 0.15 0.15 91. NSTPP Nabinagar, Aurangabad 1871.56 1871.56 92. ROB Bridge, Karimganj, Delha 0.35 0.35 93. Approach road to Tuniyahi Scrup pipe bridge 0.86 0.86 94. High Level Bridge, Manjhaulia Bhanaspatti, 0.38 0.38 Sitamarhi 95. Reserve Centre, Sheohar 20.5 20.50 96. Reserve Centre, Lakhisarai 25.06 25.06 97. Kawaria Path, Banka 10.32 10.32 98. High Level Bridge and Connecting path, 0.79 0.79 Samastipur 99. Chirayatand Over Bridge, Patna 0.18 0.18 100. Approach Patna, Bhojpur 0.09 0.09 101. Bridge Construction, Nalanda 4.34 4.34 102. Path widening, Nalanda 6.07 6.07 103. Connecting Road Nalanda 0.16 0.16 104. Connecting Road Darbhanga 3.56 3.56 105. Bihta Sarmera and Chandi Sarmera State 12.18 12.18 High way 106. Connecting Roads 0.32 0.32 107. Other Projects. 0.22 540.25 148.95 689.42 Total: - 1344.13 6553.73 3334.92 1826.01 3083.43 8415.35 2812.63 27370.2 (Source: Directorate of Land Acquisition, Department of Revenue and Land Reforms, Govt. of Bihar) 235 Annexure – 4.5.2 Land Allotted / Land Rates & Position of Vacant Land Details (Industrial Area as on 30.11.2013) SI. No. Name of the Industrial No. of plot Area allotted (in No. of No. of No. of unit under Vacant Max. BIADA Land Area allotted sq. ft.) working unit closed construction Land (in Largest Rate Rs. unit Acres)* Chunk (Lac/Acre) (in Acres) 2013-14 1 2 3 4 5 6 7 8 9 10 A. Patna Region 1 PATLIPUTRA (I/E) 129 3543608 85 29 15 0.00 0.00 236.55 2 FATUHA 149 7966416 71 40 38 4.95 1.10 50.60 3 HAJIPUR 146 5069404 105 26 15 0.08 0.08 165.83 4 HAJIPUR (EPIP ) 32 3114001 20 1 11 0.14 0.14 66.91 5 BIHARSHARIF 46 324255.40 22 19 5 0.03 0.03 165.91 6 NAWADA 34 247252 6 3 25 1.09 0.23 7.80 7 GAYA 34 973969 19 3 12 0.00 0.00 17.25 8 JEHANABAD 15 223620 3 5 7 0.46 0.06 10.13 9 AURANGABAD (IA) 24 613293 7 4 13 0.23 0.10 11.67 10 AURANGABAD (GC) 76 7506679 26 1 49 15.99 6.21 31.24 11 BARUN 11 332368 2 4 5 1.56 0.32 5.46 12 VIKRAMGANJ 10 107024 7 3 0.00 0.00 9.48 13 BUXAR 116 1842460 86 23 7 0.17 0.09 10.40 14 BIHIYA 52 2588072 5 47 0.00 0.00 8.05 15 GIDHA 99 8477341 44 1 54 0.00 0.00 11.95 16 BIHTA (IA) 3 4583383 1 2 0.00 0.00 51.83 17 BIHTA (MIP) 26 34949059 11.00 11.00 51.83 18 KOPAKALA 1 18,29,520 1 0.00 0.00 -- 19 BARAUNI 167 5197887 70 74 23 0.00 0.00 11.50 20 DEHRI-ON-SON 48 1416145 22 12 14 8.90 7.00 7.31 B. Muzaffarpur Region 1 MUZAFFARPUR 282 12607279.4 149 40 93 12.77 1.00 51.76 2 BETTIAH 101 2790312 66 16 19 0.22 0.22 5.56 3 KUMARBAGH 44 3428715 15 29 26.72 1.00 5.55 4 RAMNAGAR 21 193730 6 15 4.32 0.25 7.40 5 RAXAUL 28 479731.2 8 3 17 0.00 0.00 7.92 6 SITAMARHI 75 1413225 26 8 41 0.08 0.08 22.29 7 SIWAN 6 827860 2 4 0.00 0.00 8.52 C. Darbhanga Region 1 BELA 63 492715.4 50 6 7 0.36 0.36 10.47 2 DHARAMPUR 43 226042.6 33 6 4 0.36 0.36 6.27 3 DONAR 121 2609606 57 12 52 10.82 1.50 5.36 4 PANDAUL 64 3314635 27 13 24 4.69 1.25 3.65 5 JHANJHARPUR 28 228459 15 5 8 0.83 0.45 5.80 6 SAMASTIPUR 47 1729630 32 3 12 0.33 0.13 8.90 7 SAHARSA 25 186540.2 18 2 5 0.00 0.00 5.02 8 MURLIGANJ 12 80682 8 1 3 1.08 1.00 2.60 9 UDAKISHANGANJ 5 114209 1 4 8.60 2.45 12.38 10 KHAGARIA 1 4281948 1 0.00 0.00 7.76 D. Bhagalpur Region 1 BARARI 104 16,28,145 50 22 32 1.05 0.69 8.82 2 JAMALPUR 19 3,59,980 2 7 10 0.35 0.35 7.80 3 MUNGER 45 1,76,205 38 5 2 1.02 0.35 3.90 4 SITAKUND 4 7,71,580 1 3 0.00 0.00 10.25 5 LAKHISARAI 23 2,24,420 19 2 2 0.00 0.00 4.82 236 6 GC KAHALGAON 4 26353800 4 0.00 0.00 9.52 7 GC MARANGA, PURNEA 145 91,03,016 62 14 69 1.85 0.00 6.72 8 PURNEA CITY 24 4,89,779 16 1 7 0.24 0.24 4.86 9 FORBESGANJ 32 35,98,534 10 2 20 0.30 0.30 3.31 10 KATIHAR 38 6,28,817 20 5 13 0.05 0.05 4.71 11 KHAGARA Nil Nil Nil Nil Nil 0.00 0.00 9.52 (KISHANGANJ) 12 BHEDIADANGI 4 20,85,198 1 3 0.00 0.00 9.52 (KISHANGANJ) 171330550 Total 2626 1333 422 845 120.64 (3933.21 acre) (Source: Data compiled from the information available on the website of BIADA) 237 Annexure – 4.5.3 Details of Industrial Plots allotted to private investor till 31.03.2014 Total No. of units No. of No. of units No. of SI. Name of the number of which have working under closed No. Regional office plots not started unit construction units allotted constructed 1. Patna 1208 607 241 123 237 2. Bhagalpur 439 236 99 59 45 3. Darbhanga 408 254 73 47 34 4. Muzaffarpur 549 303 136 55 55 Total 2604 1400 549 284 371 238 Annexure – 4.5.4 Number of industrial plot allotted during last three years in Bihar Year 2011 2012 2013 Total No. of Allotment 222 273 108 603 (Source: Website of BIADA) 239 Annexure – 4.5.5 Application Status for allotment of land on 31.10.2013 with Bihar Industrial Area Development Authority SI. Deferred Total No. of Regional Office New Application No. Application Application 1 Patna 167 264 431 2 Bhagalpur 36 47 83 3 Muzaffarpur 31 93 124 4 Darbhanga 25 190 215 Total No. of Application 259 594 853 (Source: Website of BIADA) 240 Annexure – 4.5.6 Schedule of activity and time framework for payment of money SI. No. Activity Time Frame a. Allotment of land 0 Payment of 30% of land cost as 1st installment & b. Within 15 days of allotment submission of bond. Within 15 days of payment of Physical possession & issuance of provisional c. first installment and the memorandum number evaluated cost as per para 5. d. Initiation of construction work Lease deed after 30% investment of promoter’s e. contributions including land cost. f. Start of trial production Specific to the project. g. Start of full commercial production Between one month after h. Issuance of permanent memorandum number commercial production. (Source: Bihar Industrial Area Development Authority, Patna) 241 Annexure – 4.5.7 Sliding scale for deciding minimum compensation of land Radial Distance from urban area (km) Multiplier Factor 0-10 1.00 10-20 1.20 20-30 1.40 30-40 1.80 40-50 2.00 (Source: Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013) 242 Annexure – 4.6.1 Time limit for services under Right to Public Services Act 2011 for Registration Department SI. Name of Designated Time Limit Appellate Time Reviewing Time No. Service Public for Service Authority Limit for Authority Limit for Servant Appellate Reviewing 1 Non- District Sub From Inspector of 15 Inspector 21 Encumbrance Registrar / computerized Registration Working General, Working Certificate Sub records – 3 Office days Registration days Registrar working (IRO) days. Search in the bound volumes (up to 3 years) – 7 working days. Search in the bound volumes (more than 3 years) – 14 working days 2 Delivery of District Sub 5 working Inspector of 15 Inspector 21 Registered Registrar / days Registration Working General, Working Documents Sub Office days Registration days Registrar (IRO) 3 Registration / District Sub Same day of Inspector of 15 Inspector 21 disposal of Registrar / presentation Registration Working General, Working documents Sub of documents Office days Registration days presented Registrar (IRO) 4 Search & District Sub 7 Working Inspector of 15 Inspector 21 Copy Work Registrar / days Registration Working General, Working Sub Office days Registration days Registrar (IRO) 5 Search & Officer-In- 21 Working Inspector 15 Secretary, 21 Copy work charge days General, Working Registration Working related to Registration days days Societies / Firm 6 Registration Officer-In- 15 Working Inspector 15 Secretary, 21 of Societies / charge days General, Working Registration Working Firm Registration days days (Source: Department of Registration, Govt. of Bihar) 243 Annexure – 4.6.2 Disposal of applications under right to public service Act in Registration Department as on 31th March, 2013 Total number of application Application disposed of Percentage of disposal received 2094986 2090203 99.77% (Source: Department of Registration, Govt. of Bihar) 244 Annexure – 4.6.3 Exemption of stamp duty under Information & Communication Technology Policy 2011 SI. No. Type of documents & description Exemption sanctioned in the Stamp duty (i) The stamp duty for registering deeds related to 100% (Hundred percent) lease / purchase / transfer of land in the industrial exemption on the effective area / shed / IT Park / Industries and outside the rate. authority area for the purpose of establishing IT / ITES/ EHM Units (ii) The Stamp duty for registering deeds related to 100% (Hundred percent) lease / purchase / transfer of additional land for exemption on the effective expansion or diversification of existing IT / ITES / rate. EHM Units which are already established and make more than fifty percent (50%) growth in their production capacity (Source: Department of Registration, Govt. of Bihar) 245 Annexure – 4.6.4 Exemption of registration fee under Information & Communication Technology Policy 2011 SI. No. Type of documents & description Exemption sanctioned in the Registration Fee (i) The Registration fee for registering deeds related 100% (Hundred percent) to lease / purchase / transfer of land in the exemption on the effective industrial area / shed / IT Park/Industries and rate. outside the authority area for the purpose of establishing IT/ITES/EHM Units (ii) The Registration fee for registering deeds related 100% (Hundred percent) to lease / purchase / transfer of additional land for exemption on the effective expansion or diversification of existing rate. IT/ITES/EHM units which are already established and make more than fifty percent (50%) growth in their production capacity (Source: Department of Registration, Govt. of Bihar) 246 Annexure – 4.6.5 Exemption of registration fee under Bihar Industrial Incentive Policy 2001 SI. No. Type of documents & description Exemption sanctioned in the Registration Fee (i) The Registration fee for registering deeds related 100% (Hundred percent) to lease / purchase / transfer of industrial plots / exemption on the effective shed of the State and land outside the authority rate. area for the purpose of establishing industries by the private investors. (ii) The Registration fee for registering deeds related 100% (Hundred percent) to lease / purchase / transfer of additional land for exemption on the effective expansion or diversification of working industrial rate. units in which the growth of production capacity is 50% (Source: Department of Registration, Govt. of Bihar) 247 Annexure – 4.6.6 Services under Right to Public Services Act 2011 for Registration Department SI. Name of Designated Time Limit Appellate Time Reviewing Time No. Service Public for Service Authority Limit for Authority Limit for Servant Appellate Reviewing 1 Non- District Sub From Inspector of 15 Inspector 21 Encumbrance Registrar / computerized Registration Working General, Working Certificate Sub records – 3 Office days Registration days Registrar working (IRO) days. Search in the bound volumes (up to 3 years) – 7 working days. Search in the bound volumes (more than 3 years) – 14 working days 2 Delivery of District Sub 5 working Inspector of 15 Inspector 21 Registered Registrar / days Registration Working General, Working Documents Sub Office days Registration days Registrar (IRO) 3 Registration / District Sub Same day of Inspector of 15 Inspector 21 disposal of Registrar / presentation Registration Working General, Working documents Sub of documents Office days Registration days presented Registrar (IRO) 4 Search & District Sub 7 Working Inspector of 15 Inspector 21 Copy Work Registrar / days Registration Working General, Working Sub Office days Registration days Registrar (IRO) 5 Search & Officer-In- 21 Working Inspector 15 Secretary, 21 Copy work charge days General, Working Registration Working related to Registration days days Societies / Firm 6 Registration Officer-In- 15 Working Inspector 15 Secretary, 21 of Societies / charge days General, Working Registration Working Firm Registration days days 248 (Source: Department of Registration, Govt. of Bihar) Annexure – 4.7.1 Registration and Stamp Fee on various types of documents Article Rates of Types of Deed/Item Stamp duty No. registration fee A(1) Other deeds described in Article-A(1) except 2% 6% of the cost + Sale & Mortgage 2% additional stamp duty for ULBs (for urban area) 6% of the cost for rural area Besides Rs.150- 500/- is charged per deed as landlord fee. Rs.20 / 25 per page is charged for scanning of document. A(3) Lease documents, the period of which is as the rate under A 6% or 2% of the (a) (i) Less than one year (1) on 2% of the market value of market value of the the leased leased property property (ii) One year & above but the period is not as the rate under A 6% or 5% of the more than 10 years (1) on 5% of the market value of market value of the the leased leased property. property (iii) More than ten years but less than thirty as the rate under A 6% or 15% of the years (1) on 15% of the market value of market value of the the learned leased property. property (iv) Thirty years or more or perpetual or for an as the rate under 6% or 5% of the infinite period A(1) on 50% of the market value of market value of the the learned leased property. property C(i) Open will or cancellation of will or an Rs.2000/- (Rupees NIL authority to adopt two thousand) DD Partnership Rs. 1000/- (Rupees 10000 (Rupees one thousand) ten thousand) E (i) Development Agreement: - When market value of property is upto Rs. 20,000/- 2% of the market five crores (Rupees twenty value thousand) 58. When market value of property is more Rs. 40,000/- 2% of the market than five crores but upto ten crores (Rupees forty value thousand) 249 Article Rates of Types of Deed/Item Stamp duty No. registration fee 59. When market value of property is more Rs. 60,000/- 2% of the market than ten crores but upto twenty five (Rupees sixty value crores thousand) 60. When market value of property is more Rs. 1,00,000/- 2% of the market than twenty five crores (Rupees One lakh) value (ii) If power of attorney is given for the Rs. 1000/- (Rupees 6% of the market purpose of selling land / property situated in one thousand) value of the the State of Bihar to the person other than property family members (Family means Father, described in the Mother, Wife or Husband, Son, Daughter, document of Brother / Sister (Children of executants power of attorney parents), Daughter in law, Grandson, Granddaughter (Children of executants son/daughter). (iii) Other deeds coming under article-E & in Rs. 1000/- (Rupees Rs. 1000/- case of other power of attorney except power one thousand) (Rupees one of attorney and development agreement thousand) mentioned above in (ii) & (i) F(1) (i) Searching fee of first year for every name Rs. 40/- (Rupees forty) (ii) Searching fee for subsequent year per year Rs. 20/- (Rupees twenty) (iii) for inspection of copy of each document in Rs. 30/- (Rupees register book 1, 3, 4 or for inspection of any thirty) other book or register or of a document or paper in a file relating to one year (iv) for inspection of the document or paper Rs. 40/- (Rupees forty) Provided that no fee for the searching of the indexes of any one office in respect of any one name shall exceed Rupees 500/- (Rupees five hundred). I an extra fee for registering in delegated or Rs. 5,000/- (Rupees original capacity by District-Sub-Registrar of five thousand) any document of sub ordinate offices jurisdiction J(1) The fee for attendance under section-31 of an Rs. 5,000/- (Rupees officer at private residence for acceptance for five thousand) registration or for deposit of any will K(1) (a) for every pardanashin lady exempted by Rs. 200/- (Rupees law from personal appearance two hundred) (b) (1) for every person exempted on account Rs. 400/- (Rupees of bodily infirmity for hundred) (2) for every person confined in jail Rs. 400/- (Rupees four hundred) (c) for every person other than a paradanashin Rs. 1,000/- (Rupees 250 Article Rates of Types of Deed/Item Stamp duty No. registration fee lady who is exempted by law from personal one thousand) appearance in Court O for the return of registered document after the Rs. 100/- (Rupees period of more than one month from the date one hundred) per of registration month, Maximum Rs. 1000/- (Rupees one thousand) P for the return of refused document for Rs. 100/- (Rupees registration after the period of more than one one hundred) per month from the date of refusal month, Maximum Rs. 1000/- (Rupees one thousand) (Source: Department of Registration, Govt. of Bihar) 251 Annexure – 4.7.2 Multiplying factors for deciding holding tax S.N. Type of non-residential holdings Multiplying Factor I. Hotels, bars, clubs, health club and marriage halls 3 II. Shops (with less than 250 sq feet area) 1 III. Shops (Other than II), show room, shopping malls, cinema 1.5 houses, multiplexes, dispensaries, laboratories, restaurants, guest houses, IV. Commercial offices, financial institutions, banks, insurance 3 offices, private hospitals and nursing homes V. Industries, workshops, storage, godowns, warehouses 2 VI. Commercial establishments and undertakings of State and 2 Central government VII. Coaching Classes, guidance and training centres and their 1.5 hostels VIII. State and central government offices other than their 1 commercial establishments and undertakings IX. Private Schools, Private colleges, Private research institutes, 1.5 other Private educational institutions and their hostels X. Places, centres and institutions of spiritual and religious 0 nature XI. Educational and social institutions run by charitable trusts 1 on no-profit no-loss basis for benefit of poor, physically challenged, social security of women and children XII. Any other holdings not covered under (1) to (10) Multiplying factor shall be 1.5 (Source: Bihar Municipal Property Tax Rules 2013) 252 Annexure – 4.7.3 Structure of ARV for Tax Calculation – Patna Holdings on the Holding on the Main Holding on other Roads Principal Main Roads Roads Type of Fully Other Fully Fully Other Fully Fully Other Fully Constructi commerci s Residenti commerci s Residenti commerci s Residenti on al or al al or al al or al Industrial Industrial Industrial Pucca @ Rs. 36/- 18/- 36/- 24/- 12/- 18/- 12/- 6/- Building 54/sqr with RCC foot Roof Pucca @Rs. 36/- 24/- 12/- 24/- 16/- 8/- 12/- 8/- 4/- Building per sq. with foot Asbestos or corrugated sheet Other @Rs. 18/ 12/- 6/- 12/- 8/- 4/- 6/- 4/- 2/- Buildings per sq. which do foot not fall in the above two (Source: Patna Municipal Corporation) 253 Annexure – 4.7.4 Tax Structure for Vacant Land in ULBs of Bihar (Rate Rupees per square Meter) S.N. Type of Municipality Principal Main Road Main Road Others 1. Municipal Corporation 5 4 3 2. Municipal Council 4 3 2 3. Nagar Panchayat 3 2 1 (Source: Data collected from Urban Development & Housing Department, Govt. of Bihar) 254 Annexure - 4.8.1 Interdependency of land conflict causes 255 Annexure – 4.8.2 Dispute resolution mechanism under various acts Revisional / SI. Authority at Appellate Second Name of the Act Type of Dispute Tribunal High Court Supreme Court No. first instance Authority Appellate Authority 1. Bihar Tenancy 61. Threatened Collector under Collector of the - BLT in all High Court Supreme Court Act, 1885 ejectment the Act district matters under Article under Article 136 62. Occupancy Collector under Sub Divisional - 226 of the of the Constitution rights the Act Officer Constitution of of India Collector under - India 63. Revision of the Act rent Revenue Officer - 64. Record of - rights dispute Special Judges 65. Division of Collector produce 2. The Indian Forest Offences related to Divisional Forest District The Secretary - High Court Supreme Court Act, 1927 forest / produce Officer Magistrate in first Forest and under Article under Article 136 appeal Environment 226 of the of the Constitution Department, Constitution of of India Bihar India 3. The Bihar Unlawful Circle Officer Collector of the - BLT High Court Supreme Court Privileged ejectment etc. District under Article under Article 136 Persons 226 of the of the Constitution Homestead Constitution of of India Tenancy Act, India 1947 256 Revisional / SI. Authority at Appellate Second Name of the Act Type of Dispute Tribunal High Court Supreme Court No. first instance Authority Appellate Authority 4. Bihar Land 66. Dispute Collector of the The Collector not - - High Court Supreme Court Reforms Act, relating to district not below below the rank of under Article under Article 136 1950 vesting of the rank of sub Additional 226 of the of the Constitution rights, estate, divisional Collector in Constitution of of India homestead collector under appeal India intermediaries the Act. interest, lease, terms of holdings etc. 67. Claims Claims Officer Board 68. Interest of State Government Mines Tribunal lease of mines or minerals 5. The Bihar 69. Lease and Collector of the - - BLT High Court Supreme Court Government sales of District under Article under Article 136 Estates (Khas- Government 226 of the of the Constitution Mahal) Manual Estates Constitution of of India 1953 70. Payment of India Salami etc. 6. Bihar Bhoodan Unlawful Revenue Officer Collector - BLT High Court Supreme Court Yagna Act, 1954 ejectment under Article under Article 136 226 of the of the Constitution Constitution of of India India 7. Bihar Land Consolidation Deputy Director, Director BLT High Court Supreme Court Consolidation of Consolidation Officer Consolidation Consolidation under Article under Article 136 257 Revisional / SI. Authority at Appellate Second Name of the Act Type of Dispute Tribunal High Court Supreme Court No. first instance Authority Appellate Authority Holdings and Disputes 226 of the of the Constitution Prevention of Constitution of of India fragmentation India Act, 1956 8. Bihar Public Encroachment over Circle Officer District - - High Court Supreme Court Land public land Magistrate under Article under Article 136 Encroachment 226 of the of the Constitution Act, 1956 Constitution of of India India 9. National Land Acquisition Land Acquisition - - - High Court Supreme Court Highways for highways Officer under Article under Article 136 Authority Act, 226 of the of the Constitution 1956 Constitution of of India India 10. Mines & Termination of State Government Central - - High Court Supreme Court Minerals prospecting or an authority Government under Article under Article 136 (Development & licences or mining authorised by the 226 of the of the Constitution Regulation) Act, leases state government Constitution of of India 1957 India 11. Bihar Land Ceiling surplus Collector under Collector of the Board of BLT High Court Supreme Court Reforms land disputes the Act district Revenue under Article under Article 136 (Fixation of 226 of the of the Constitution ceiling area and Constitution of of India acquisition of India surplus land) Act, 1961 12. Bihar Tenant’s Dispute regarding Circle Officer Deputy Collector - BLT High Court Supreme Court 258 Revisional / SI. Authority at Appellate Second Name of the Act Type of Dispute Tribunal High Court Supreme Court No. first instance Authority Appellate Authority Holdings holdings of raiyats Land Reforms under Article under Article 136 (Maintenance of 226 of the of the Constitution Records) Act, Constitution of of India 1973 India 13. Bihar Building Rent fixation & Rent controller Collector Commissioner - High Court Supreme Court (Lease, Rent and eviction disputes i.e. the sub under Article under Article 136 Eviction) Control divisional officer 226 of the of the Constitution Act, 1982 Constitution of of India India 14. Bihar Apartment Disputes relating to Chief Municipal Municipal - - High Court Supreme Court Ownership Act, construction of Commissioner Building Tribunal under Article under Article 136 2006 buildings / 226 of the of the Constitution apartment Constitution of of India India 15. Bihar Municipal 71. Taxation Court of Municipal - - High Court Supreme Court Act, 2007 72. Assessment municipal building tribunal under Article under Article 136 of property tax commissioner at Municipal 226 of the of the Constitution 73. Other taxes Corporation Constitution of of India and tolls India 74. Payment & recovery of taxes 16. Bihar Land Dispossession, Deputy Collector Divisional - BLT High Court Supreme Court Dispute partition of land, Land Reforms Commissioner under Article under Article 136 Resolution Act, correction of Land Reforms 226 of the of the Constitution 2009 wrong entries in Constitution of of India the record of India 259 Revisional / SI. Authority at Appellate Second Name of the Act Type of Dispute Tribunal High Court Supreme Court No. first instance Authority Appellate Authority rights, declaration of rights, boundary disputes etc. 17. Bihar Land All disputes arising - - BLT High Court Supreme Court Tribunal Act, under the under Article under Article 136 2009 enactments as 226 of the of the Constitution defined under the Constitution of of India Act India 18. Bihar Mutation Mutation of land Circle Officer Deputy Collector Collector of the BLT High Court Supreme Court Act, 2011 dispute Land Reforms district under Article under Article 136 226 of the of the Constitution Constitution of of India India 19. Bihar Special Dispute relating to Competent Notified Officer - BLT High Court Supreme Court Survey and survey and Authority not under Article under Article 136 Settlement Act, settlement below the rank of 226 of the of the Constitution 2011 Deputy Collector Constitution of of India Land Reforms India 20. Right to Fair Land Acquisition Collector Land Acquisition - - High Court Supreme Court Compensation & Rehabilitation & under Article under Article 136 Transparency in Resettlement 226 of the of the Constitution Land Authority Constitution of of India Acquisition, India Rehabilitation & Resettlement Act, 2013 260 261 Annexure – 4.8.3 Institution and disposed of cases in Revenue Court in Bihar Nature of dispute Cases instituted Cases disposed Pending cases % of cases till 31st March, off disposed off 2013 Dispossession 3126 604 2522 19.32 Mutation 21,23,562 20,23,335 1,00,227 95.28 Land ceiling cases NA NA 1207 Public land 8089 2870 5219 35.48 encroachment Share croppers 1176 181 995 15.39 Land consolidation cases 262 Annexure – 4.8.4 Number and description of civil suits instituted in various year in the state. Classification of civil cases Other suits not Suit for Total land Percentage of Total falling under Suit Suit for Suit for Year money or related cases land related civil cases any of the under the immovable specific Mortgage suit movable (5+6+7+8) cases preceding rent land property relief property heads 1 2 3 4 5 6 7 8 9 10 2005 21848 813 3216 289 15181 1426 923 17819 81.56 2006 21989 694 3050 249 15622 1900 474 18245 82.97 2007 24862 692 6956 263 15344 1113 494 17214 69.24 2008 24653 681 6380 276 15432 1315 569 17592 71.36 2009 27646 626 7838 252 17072 1270 588 19182 69.38 2010 29911 592 8503 264 18540 1481 531 20816 69.59 2011 18097 1212 13052 406 1773 1263 391 3833 21.18 (Source: Bihar Statistical Hand Book 2012 – Information received from the Registrar, Patna High Court). 263 Annexure – 4.8.5 Cases instituted in Patna District / Subordinate Courts 2007 2008 2009 2010 2012 2013 1. Suit for money or movable property 152 147 142 138 2. Other suits 252 240 242 212 3. Suit under the rent land 149 132 129 121 4. Title and other suit for immovable property 1627 1432 1383 1228 5. Title and other suit for specific relief 72 68 67 64 6. Mortgage suit 42 40 38 36 Total 2294 2059 2001 1799 2012 2015 Out of which land related cases (3+4+5+6) 1890 1672 1617 1449 830 823 % of land related case 82.39 81.20 80.81 80.54 41.25 40.84 (Source: Bihar Statistical Hand Book, 2012) 264 Annexure – 4.8.6 Number of cases decided in the Sub-ordinate courts of Bihar Year Civil Original Appellate 1 2 3 2005 26305 3482 2006 32875 3017 2007 30131 3478 2008 31386 5370 2009 32817 5651 2010 38405 6847 2011 37030 7479 (Source: Bihar Statistical Hand Book 2012) 265 Annexure - 4.8.7 Civil cases decided in District / Subordinate Court in Patna Civil Original Appellate 2007 2171 198 2008 1794 183 2009 2001 186 2010 1799 244 2011 NA NA (Source: Bihar Statistical Hand Book 2012) 266 Annexure – 4.8.8 Disposal by various type of Lok Adalat during various year Year Lok Special Mega Pension Labour Awareness MANRE Persons Legal Aid Adalat Lok Lok Lok Lok Programme GA Benefited Provided (I) Adalat Adalat Adalat Adalat (VI) (VII) by Legal (IX) (II) (III) (IV) (V) Aid / Awareness (VIII) 1998 to 4,53,077 - - - - 4963 64,798 - 2008 2009 45,964 - - - - 495 54,929 - 2010- 11,365 34,707 1,02,335 163 7,330 381 22,135 142 2011 10,136 16,379 49,435 34 - 794 51,083 261 2012 6,911 49,425 18,309 15 1237 828 68,533 337 2013 (Till 6,962 5,0963 32,733 18 - 819 8256 66,470 207 Dec.) Total 5,34,415 1,51,474 2,02,812 230 8,567 8,280 8256 2,63,150 947 National 2,23,306 Lok Grand Total- (I (534415) + ( II + ( 151474) + ( III ( 202812) + ( IV ( 230) + ( V (8567) + Adalat (VII (8256) + (X (223306) = 11,29,060 (X) (Source: Bihar State Legal Services Authority) 267 Annexure – 4.8.9 Details of Disposal & Legal Awareness Programme by Mobile Lok Adalat during various year No. of Legal No. of Persons benefited Number of Cases Year Awareness Conducted during Mobile Lok Disposed by Mobile Lok Adalat Adalat work Year,2005 38 01 1,003 Year 2006 75,780 82 3,312 Year 2007 83,669 93 4302 Year 2008 82,331 107 5,301 Year 2009 48,628 95 4,312 Year 2010 37,432 108 12,153 Year 2011 28,043 117 5,698 Year 2012 32,927 115 8,131 Year 2013 (Till 18332 73 6014 Dec,13 Grand Total 4,07,180 792 50,226 (Source: Bihar State Legal Service Authority) 268 Annexure – 4.9.1A Organizational Structure of Department of Revenue and Land Reforms Minister Principal Secretary Secretary Head Quarter Regional Joint Secretary Divisional Directorate Commissioner State Editor Dy. Secretary Gazetier Collector Director Land Acquisition Under Secretary Director Additional Collector Consolidation Section Officer Sub Divisional Officer Director Land Reforms Deputy Land Collector Record and Survey Asst. Director Land Acquisition Circle Officer District Land Circle Inspector Acquisition Officer at District Level Revenue Karmchari / Amin 269 Annexure – 4.9.1B Organizational structure of office of the Director, Land Records Survey and Settlements. Director Land Records Survey and Settlements Head Quarter Regional Bihar Survey Revenue Survey Office Gulzarbagh Training Institute, Bodhgaya Director Settlement Officer Deputy Director Principle Assistant Director Charge Officer Assistant Director (Technical) Instructor Assistant Settlement Officer Assistant Director (Administration) Kanungo Draft Man Surveyor (Amin) 270 Annexure – 4.9.1C Organizational structure of Directorate of Consolidation Directorate of Consolidation Director Head Quarter Regional Joint Director Deputy Director Deputy Director Consolidation Officer Assistant Consolidation Officer Assistant Consolidation Officer Draft Man Surveyor (AMIN) 271 Annexure – 4.9.1D Organization Structure of Forest & Environment Department 272 Annexure – 4.9.1E Organizational Structure of Principal Chief Conservator of Forest Level Setup 273 FIELD-LEVEL SETUP PCCF APCCF CCF CF DFO ACF RANGE OFFICER FORESTER FOREST GUARD 274 Annexure – 4.9.1F Organizational Structure of Department of Registration Minister Secretary IG Registration DIG Additional AIG Registration Registration Secretary (Divisional Level) (2) District Sub AIG Deputy Registrar Registration Secretary (38) (2) (4) Section Under Sub Joint Sub Officer Secretary Registrar Registrar (2) (38) (26) (7) Secretarial Assistant (20) 275 Annexure – 4.9.1G Organizational Structure of Urban Development Department Minister Principal Secretary Special Special Director MD Secretary- Executive Secretary UD & HD cum-Director BSHB Officer UD & HD B.U.D.A Nagar Parishad (42) / Nagar Dy Panchayat Deputy Secretary (86) Director (2) (2) Deputy Municipal MD Joint Commissioner Secretary BUIDCo Secretary Corporation (1) (11) Chief Town Under Planner Dy Secretary- Town Planning Secretary cum-PIO Organization (1) 276 Annexure – 4.9.1H Organizational Structure of BIADA Industries Department, Govt. of Bihar BIADA Head Office at Patna Regional Regional Regional Regional Office, Patna Office, Office, Office, Headed by Executive Darbhanga Bhagalpur Director and Muzaffarpur Headed by Executive Headed by Executive Headed by Executive supported by Director and Director and Director and Development Officer supported by supported by supported by and Asst. Development Officer Development Officer Development Officer Development Officer and Asst. and Asst. and Asst. Area Office – Area Office – Area Office – Area Office – Barauni, Hajipur, Bela, (Darbhanga), Muzaffarpur, Betiah, Barari (Bhagalpur), Patliputra, Fatuha Dharampur, Donar, Ramnagar, Raxaul, Kahalgaon, Munger, Pandaul, Jhanjharpur, Sitamarhi, Chapra, (Sitakund), Samastipur, Barauni Kumarbag Farbishganj, Kishanganj, Katihar, Purnea, Lakhisarai Growth Centre- Growth Centre- Gidha, Buxar, Bihiya, Begusarai, Saharsa Growth Centre- Bikramganj, Dehri, and Muriliganj Purena Barun, Aurangabad, Jahanabad, Bihta and Gaya 277 Annexure – 4.9.2 Mapping of Institutional Activities related to Land in Bihar S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office 1. Department of All rainfed / 75. Increase productivity 79. In case of land Land Resources, degraded land in of rainfed / degraded land acquisition; the Ministry of Rural rural areas through the process of overlaps are Development integrated watershed majorly Govt. of India management. complimentary as 76. Support the States / the majority of UTs for implementation of acts are National Land Records concurrent in Modernization. nature. Programme (NLRMP) 80. Ministry of 77. Develop an effective Environment and land use system based on Forests. 81. efficient land information State Department system (LIS). of Panchayati 78. Provides policy Raj. support and 82. guides Town and departments of Country Planning Government of India and Organization, States and Government Ministry of Urban organizations for Development. Rehabilitation and Resettlement Policy, Land Acquisition Act, and Land Registration Act. 2. Ministry of Urban Land 83. Implementing of 84. Local governance Urban security of title in urban structure in urban Development, areas of the country. areas. Govt. of India 85. The overlaps are complimentary in nature as the Centre can only provide guidelines to the local government structures. 3. Central Public Urban Land 86. Responsible for Works planning designing, Department, estimation, evaluation of Govt. of India bids, finalization of contracts, defending arbitration and court cases 278 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office for their road and building. 4. Ministry of Forest land, 87. Advisory role in 90. Ministry of Environment and ecologically management of forest commerce and Forests, Govt. of sensitive land land, implementation of industry. India forest acts, rights for 91. Overlaps usually indigenous population. lie in giving 88. Providing guidelines clearances and for land use restriction – can be termed as forests and other conflicting in ecologically sensitive nature. areas. 92.Survey of India: 89. Environment the data is used clearance like EIA by the ministry clearances, CRZ for mapping of clearances etc. the forests area and the data sharing is complimentary in nature. 93. There is a conflict between department of environment and forest and SC, ST Welfare Department regarding implementation of FRA. 5. Ministry of Tribal land 94. Protection of forest 97. National Tribal Affairs, rights for indigenous Environment Govt. of India population. Appellate 95. Development of forest Authority. land through Integrated 98. Ministry of Tribal Development Environment and Agency. Forests. 96. Advocacy of land rights for tribals. 6. Department of Land resource 99. Computerization of Electronics and information all land records including IT, Govt. of India mutations, digitization of maps and integration of textual and spatial data. 100. Updation of all survey and settlement records 279 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office 101. Computerization of registration and its integration with the land records maintenance system. 102. Development of core Geospatial Information System (GIS) and capacity building. 7. National 103. E-Governance 105. Survey of India. Informatics support to Central 106. National Remote Centre, Govt. of Government, State Sensing Centre. India Government, UT Administrations, Districts and other Government bodies. 104. Developing a digital spatial database, using the data sets derived from precise navigation and imaging satellites, aircrafts, digitization of maps and transactional. 8. Survey of India All types of land 107. Mapping and for all uses Production of Geographical maps and Aeronautical Charts. 108. Surveys for Developmental Projects. 109. Scrutiny and Certification of external boundaries & coastline on maps published by the other agencies including private publishers. 9. Archeologically Acquiring those 110. To preserve and Ministry of Tourism Survey of India land which are of develop the land of Archeologically Archaeological character / importance. importance 111. Construction of Museums. 112. Preserving the monuments of Archaeological importance. 10. National Remote All types of land 113. Carrying out aerial 280 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office Sensing Centre for all uses surveys and extending (NRSC), Govt. of (Topographical large scale mapping India Surveys) services cartographic mapping and digital data services to the civilian sector. 114. Providing geospatial solutions to various user agencies. 11. Town and Urban Land 115. Provides consultancy 117. Department of Country Planning works on urban Urban Organization, development, urban Development. Ministry of design, spatial planning, Urban etc. Development, 116. Assists various govt. Govt. of India departments on the matters pertaining to urbanisation, town planning, urban transportation, metropolitan planning, human settlement policies, planning legislation. 12. Ministry of Land acquired for118. Management of railways Railways construction of land. railway projects,119. Planning, designing and rail track, railway advisory road regarding stations, offices, the railway land. damp yard, and120. Providing guidelines for different types of land use of railway land. factories. 13. Ministry of Acquired land for 121. Management of the Defence Army Cantonment defence land. and firing points / 122. Planning, designing suiting range / and advisory road defence related regarding the defence land. factories 123. Providing guidelines for land use of defence land. 14. Ministry of Acquiring land to 124. Construction of hotels Archaeological survey Tourism develop the and other infrastructures to and India. tourism activities. attract tourists. 125. Promoting the tourism activities. 15. Ministry of Art Acquiring land to 126. Construction of 128. Conflict amongst 281 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office and Culture develop the arts building for art colleges. urban and preserving 127. Construction of development cultural heritage. buildings for cultural department, activities. agrological survey of India regarding land acquisition as per protection to monument Act / Agrological Survey Act. 16. Department of All land in the 129. Making laws and 131. Urban Revenue and state except those issue of guidelines from Development and Land Reforms, recorded in the time to time pertaining to Panchayati Raj. Govt. of Bihar name of other all types of land for the departments of purpose of land reform and state government revenue administration. and the central 130. Surveying and government mapping of all land within the state and updating of record of rights and settlement of rent payable by tenants. 17. Bihar Land All type of land 132. To curb the unlawful 135. Charitable or Tribunal activity of grabbing of religious public land, local institutions. authority, religious or Charitable institution or Endowment including waqf or any other private property, either individually or in groups either by force or decrepit or otherwise. 133. To resolve land disputes with respect to various Acts. 134. Statutory appellate authority of all disputed land matters. 18. Director Land All land 136. Land Survey. Records, Survey 137. Preparation of Map. and Settlements, 138. Monitoring Govt. of Bihar preparation of land records. 19. Director Land All type of land 139. Acquisition of land Acquisition for public purposes. 282 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office Govt. of Bihar 20. IG Registration, All types of land 140. Fixation of stamp Govt. of Bihar duty and registration fee for all type of mortgage / sale / gift etc. 21. Divisional All type of land 141. Control and Commissioners. supervision of all the revenue officers working under him. 142. Review of all the activities related to land Governance. 143. Review of revenue collector. 144. Discharging the duties vested in various Acts / Rules related to land. 145. To make co-ordinator between the two or more District Collectors if it is required. 22. District Collector 146. Land assessment, land / Additional acquisition, collection of District Collector land revenue. at District level 147. Survey and mapping of all types of land within his jurisdiction and preparation of record of rights. 148. Collection of irrigation dues. 149. Safe guard the interest of all Government land (including the land of Central Government). 150. Collection of stamp duty administering the Indian Stamp Act. 151. Settlement of Government land to weaker section of backward classes. 152. Appropriation and validation of documents under the provisions of Indian Stamp Act. 283 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office 153. Distribution and sale of stamps through the treasuries under him. 154. Provide and renew licenses to document writers and control their activities. 155. Issue certified copies for the documents registered and also encumbrance certificates. 156. Control and supervision of all revenue officers working under him. 23. SDO / Dy. 157. Land Revenue. Collector Land 158. Land Disputes. Reforms (LRDC) 159. Land Reforms works. at sub-divisional 160. Land Protection. level 161. Settlement of Government Land to weaker section of SC/ST classes. 24. Circle Officer at All land 162. Collection and Anchal level furnishing basic data for Land Acquisitions. 163. Collection of land revenue. 164. Mutation of Land. 165. Function under various revenue land reforms act and revenue laws. 166. Maintenance of revenue records at anchal level. 167. Measurement of all land including Government Land. 25. Municipal Urban / Rural land 168. Planning and Corporation and (to the extent of development in urban and Urban country planning) rural areas through Development Master Plans. Department 169. Assist the government in town and country planning matters. 284 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office 170. Coordinate with various departments. 171. Advise Government in the mattes like change of land use proposals, alienation of land and relaxation of rules. 172. Suggest and implement layouts and regulate the development of industries and other buildings as per suggested norms. 173. Approval of building Maps. 174. Construction of roads, building schools, bus stands and other structures for the public utilities. 26. Chief Town Urban 175. Planning and Planner development in urban and rural areas. 176. Master Plans prepared for the urban centers and rural areas. 177. Indicative Land use (Mandal Master Plans) Plans. 178. Approval of layouts. 179. Building rules and zoning regulations. 180. Approval of industrial institutions. 27. Welfare Scheduled Tribes 181. Implementation of Department Schedule Castes constitutional safeguards Govt. of Bihar of all and to safeguard from exploitation and strive for overall development. 182. Ensuring the protection of tribal and Scheduled Castes. 28. Department of To develop the 183. Making Revenue Department Tourism, Govt. tourist places infrastructures at tourist for transfer the of Bihar places. government land and 285 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office 184. Construction of hotels acquisition of fresh / motels etc for the use of land for the tourists. development of tourist places. 29. Department of Rural / Urban 185. Agricultural farms, Agriculture, agricultural colleges / Govt. of Bihar universities / offices etc. 186. Development of waste land. 187. Conservation of soil 30. Department of Rural Government 188. Policy, monitoring Rural Land and evaluation, planning. Development, 189. Building of rural Govt. of Bihar infrastructures, offices, roads etc. 31. Department of 190. Assisting revenue Panchayati Raj, administration at the Govt. of Bihar village level and identification of landless poor. 191. Construction of Panchayat Raj Bhawan. 192. The Gram Kutchery / Nyayalay has been authorised to decide the cases of civil suit of pretty nature. 32. Panchayati Raj Village land and 193. Assisting 195. To settle land Institutions site administration. Gairmazauara 194. Construction of Aam land in infrastructure at villages gram Panchayat level. panchayat’s consent is required. 196. Under right to fair compensation and transparency in land acquisition, rehabilitation and resettlement Act, 2013 the panchayat’s consent in acquisition of land is mandatory. 33. Department of 197. Proposals relating to Ministry of 286 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office Environment and forest land, Environment, GoI; Forests, Govt. of encroachments on forest both have basically Bihar land, forest Conservation the same mandate. Act 1980, use of forest land for non-forest purposes. 198. Forest settlement, forest survey and mapping. 199. Protection of forests and related notifications. 200. Issues relating to destruction of forests. 201. Budget planning and Non-Plan schemes. 202. Research and development / monitoring and evaluation. 203. Social forestry programmes. 204. Development of waste land. 34. Principal Chief Forest Land 205. Protection, Conservator of conservation and Forests, Govt. of management of forests. Bihar 206. Implementation Joint Forest Management, which involves the local villagers in managing and protecting forests. 207. Forest rights act. 35. Department of 208. Developing Industries, Govt. infrastructure that of Bihar facilitates the development of industries and industrial areas. 36. Department of 209. Promotional work Mines and which constitutes Geology investigation of Mineral deposits. 210. Mapping, exploration and assessment of mines and minerals. 211. All regulatory work pertaining to mines. 212. Advising the 287 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office Government on the desirability of grant of Mineral Concessions. 37. Bihar Industrial 213. Development of Area industrial estates, growth Development centres and industrial Authority areas. 214. Transfer of land for industrial development. 215. Development of infrastructures in industrial areas. 38. Bihar State 216. Development of Infrastructure various type of Development infrastructure. Corporation 39. District Land All land 217. Acquisition of land Acquisition for the benefit of society. Officers 40. District / sub 218. Registration of registrars property and collection of duties and fees for transactions in land. 41. Licensed Urban Buildings 219. Building plans Architects for preparation. building 220. Approval of building permission and map. approval of map 42. Religious Trust Temple Land 221. Management of the land belonging to religious trust. 43. Waqf Board All type of Waqf 222. To safe guard the land interest of Waqf property and land. 44. District Boards All type of 223. To manage the land RCD and Rural District Board’s which belong to District Development Land Boards of each District of Department of Govt. Bihar. of Bihar. 45. Bhoodan Yagya Land received on 224. To distribute Bhoodan Department of Samittee gifts from Ex- land amongst landless. Revenue and Land landlord 225. Coordinate the Reforms, Govt. of activities regarding Bihar. planning, distribution etc. of Bhoodan Land. 46. Kaisherl Hind Central 226. It is managed by State Land Government Land Government, if it is not in 288 S. Department / Type of Land / Responsibility / Mandate Overlap Occurs with No. Office Resources which other Department / Office the possession of Central Government. (Source: Primary Data) 289 Annexure – 4.9.3 Position of Sanctioned and Working Strength in Revenue and Land Reforms Department as on 31.12.2013. A. At Head Quarter Level Sl. No Post Sanctioned Post Working Vacant Post Strength 1 Principal Secretary 1 1 0 2 Secretary 1 1 0 3 Additional / Special Secretary 1 1 0 4 Director Consolidation 1 1 0 5 Director Land Acquisition 1 1 0 6 Director Record and Survey 1 1 0 7 State editor gazette 1 0 1 8 Joint Secretary 2 0 2 9 Deputy Secretary 2 0 2 10 Under Secretary 5+1 3+1 2 11 Section Officers 20+1 14+1=15 6 12 Assistant 86+2 40 48 13 Principal Private Secretary 1 1 0 14 Private Secretary 2+3 0 2+3 15 Personal Assistant 7 3 4 16 Stenographer 10+6 1 9+6 B. At Filed Level SI. No. Designation Sanctioned Post Working Vacant post Strength (a) Circle Inspector level post 1. Circle Inspector 572 2. Circle Inspector-Cum-Kanungo, Land 72 record and survey 325 561 3. Kanungo, Land-Acquisition 38 4. Assistant Consolidation Officer 170 5. Leave and Training Reserve 34 Sub Total 886 325 561 (b) Circle officer and equivalent grade 1. Circle Officer 534 469 65 2. Executive Magistrate 147 133 14 3. Assistant Settlement Officer 60 37 23 4. Consolidation Officer 60 39 21 (c) Land Reforms Deputy Collector and Equivalent Post 1. LRDC 101 99 2 290 2. Assistant Director (Agri Census) 03 01 02 3. Assistant Director, Survey Officer, 02 02 - Gulzarbagh 4. Instructor, Consolidation training Institute, 03 01 02 Patna 5. Instructor, Survey Training Institute, Gaya 07 03 04 6. Research Officer, Consolidation 01 - 01 Directorate 7. Additional Sub Division Officer, Land 03 - 03 Ceiling 8. Additional District Land Acquisition 14 06 08 Officer (d) District Land Acquisition and Equivalent Post 1. District Land Acquisition Officer 38 8 30 2. Special Land Acquisition Officer (Water 10 NA NA Resource Department) 3. Assistant Director, Consolidation 14 3 11 4. Deputy Director (Agriculture Census) 01 01 - 5. Assistant Director, Land Record and 01 01 - Survey Directorate 6. Deputy Director, Survey Office, 01 01 - Gulzarbagh (e) Additional Collector and Equivalent Post 1. Additional Collector 15 12 03 2. Charge Officer, Settlement 09 NA NA 3. Deputy Director Consolidation 15 01 14 4. Principal, Consolidation Training Institute, 01 01 - Patna 5. Principal, Survey Training Institute, Gaya 01 - 01 6. Joint Director (Agriculture Census) 01 01 - (f) Revenue Karamchari 1. Revenue Karamchari 8463 4000 4463 2. Amin District Cadre NA NA 373 Land Record and Survey NA NA 35 Director Consolidation 810 36 774 (Source: Department of Revenue and Land Reforms, Govt. of Bihar) 291 Annexure – 4.9.4 Number and description of civil suits instituted in various year in the state Classification of civil cases Other suits Suit Total land Percentage Total Suit for not falling under Suit for Suit for related of land Year civil money or under any Mortgage the immovable specific cases related cases movable of the suit rent property relief (5+6+7+8) cases property preceding land heads 1 2 3 4 5 6 7 8 9 10 2005 21848 813 3216 289 15181 1426 923 17819 81.56 2006 21989 694 3050 249 15622 1900 474 18245 82.97 2007 24862 692 6956 263 15344 1113 494 17214 69.24 2008 24653 681 6380 276 15432 1315 569 17592 71.36 2009 27646 626 7838 252 17072 1270 588 19182 69.38 2010 29911 592 8503 264 18540 1481 531 20816 69.59 2011 18097 1212 13052 406 1773 1263 391 3833 21.18 (Source: Bihar Statistical Hand Book 2012) 292 Annexure – 4.9.5 Details of cases with respect to sharecroppers as on 31st March, 2013 in Bihar. No. of cases pending No. of Cases as on No. of cases disposed Particulars as on 31st March, 31st March, 2013 during 2012-13 2013 No. of cases as on 31st 1176 181 995 March 2013 (15.39%) (84.61%) Area involved in acres 5005.7 271.30 4734 (5.42%) (94.57%) (Source: Department of Revenue and Land Reform, Govt. of Bihar) 293 Annexure – 4.9.6 Encroachment of public land as on 31st March, 2013 in Bihar. Particulars Number Area in acre Cases as on 31.03.2012 4587 1860.72 Cases filed during 2012-13 3502 602.25 st Total cases as on 31 March, 2013 8089 2462.97 Disposal of cases in 2012-13 2870 749.16 st Pending cases as on 31 March, 5219 1713.81 2013 (64.52%) (69.58%) (Source: Department of Revenue and Land Reform, Govt. of Bihar) 294 Annexure – 4.9.7 Category wise distribution of surplus ceiling land in Bihar as on 31st March, 2013. Category No. of Beneficiaries Area in acre SC 228700 170793.63 (64.16%) (62.50%) ST 29140 25350.33 (8.18%) (9.28%) OBC 31681 24844.95 (8.89%) (9.09%) General 66910 52262.73 (18.77%) (19.13%) Total 356431 273251.6 Figures in bracket shows percentage (Source: Department of Revenue and Land Reform, Govt. of Bihar) 295 Annexure – 5 Minutes of State Validation Workshop Bihar on 26th June, 2014 Chandragupt Institute of Management Patna organized one day workshop on Land Governance Assessment Framework –State Validation Workshop on 26th June, 2014 at Hotel Patliputra Ashok Patna. The officials from World Bank, Revenue Deptt., Forest Deptt., Registration Deptt., Industries Deptt., BIADA, Municipality, Urban Development Department, academicians, representative from the civil societies, Bihar Industries Association, Bihar Chamber of Commerce and NGOs and persons from Media participated in the workshop. The list of the participants is attached as annexure 5.1. The key findings and policy recommendations of the study were discussed in detail amongst the stakeholders. The workshop was inaugurated by Shri Hukum Singh Meena, IAS, Secretary, Revenue and Land Reforms Department, Govt. of Bihar. Shri Meena narrated the various steps taken by the Government of Bihar in recent years for improving land administration in the state. He pointed out that creation of revenue cadre and Special Survey and Settlement Act 2011 introduced in the state will be a step forward in the direction of land administration. He appreciated the role of CIMP in conducting the study and assured to look into the recommendations for implementation. In his speech he raised his concern over the following issues. 1. Discrepancies in the spatial data and textual data related to land 2. Disputes arise from discrepancies of land data 3. Gaps in land transaction and mutations 4. Gaps in collection of tax and small amount of land rent 5. Pending cases related to land disputes 6. Recognition of women rights over land Ms. Thea Hilhorst from the World Bank narrated the advantage of the study and requested the participants to validate the findings and recommendations. She further requested the government to implement the recommendations to ensure better land governance. Dr. C. Ashok Vardhan, IAS and Ex-Chairman, Board of Revenue and Ex-Principal Secretary, Department of Revenue and Land Reforms pointed out the efforts done by the expert investigators and CIMP team in conducting the study. He further pointed out that the report is a good document which will help in taking policy decisions by the state government. He pointed out that the policy recommendations are relevant and will help in improving land governance in the state. Dr. V. Mukunda Das, Director, CIMP while welcoming the guests and dignitaries pointed out the area of top priorities and major recommendations of the study. Dr. Das had given stress on the following recommendations: 7. Completion of Special Survey. Computerization and digitization of record of rights and maps based on the Special Survey. 296 8. A State Land use Policy based on existing laws and policies should be developed. Setting up a Land Use Board in Bihar for making 10-15 years Perspective land use plan and monitoring the implementation of land use plan. 9. A unified system for collection and collation of data for land possessed by different State Government Departments, Central Government Departments and Public Sector Corporations. This will help in developing data base for efficient management of land in future. 10. A vigorous special / massive time bound programme should be started, focusing on giving possession to dispossessed persons, with proper co-ordination between revenue and police officials. A need based system of summary trial may help in solving the dispossession cases in rural areas of Bihar. 11. Set up an effective Grievance Redressal machinery for Land disputes 12. Enumeration of Common Property Resources and Common Land in each National Sample Survey. 13. E-linking of registry office computer with circle office for automatic mutation and updating of land record. 14. Bringing down stamp duty on registration of sale deed at par with other states i.e. 5 per cent. 15. Strengthening of land related department with adequate trained manpower and infrastructure. Dr. Das further appreciated the efforts put by Expert Investigators, State Co-ordinating members of CIMP, panel members and Dr. C. Ashok Vardhan in completing this study and producing a good report. He also thanked the land reforms and revenue department and other land related departments for providing various information / data for conducting this study. Sri Bidhanesh Mishra presented the background of the study and methodology adopted for conducting the study. Theme wise presentations were made by the state LGAF Team comprising Mr. BL Mishra, Mr. Debabrata Samanta and Mr. Bidhanesh Misra. Recommendations were discussed in detail. Issues raised by the participants were replied by Dr. Ashokvardhan, BL Mishra, Mr. JK Jha and Shri S.N. Mishra On the basis of consensus, some of the recommendations have been dropped and some recommendations have been added in some of the themes. The entire recommendations for each thematic area have been validated by the participants in the workshop. The panel wise recommendations deleted additional recommendations suggested are as under Panel 1: Land Right Recognition The participants discussed the recommendations regarding land right recognition and has given following suggestions. 1. The recommendation on “Develop Land Use Policy and Plan” has been proposed to sift to Panel 9. 2. The recommendation on acquisition of barren and uncultivable land proposed to bring to panel 5. 297 3. The recommendation on Social and Environment Impact Assessment was proposed to drop. 4. The recommendation on empowering Gram Panchayat for their role in restricting conversion was also dropped. Panel 2: Forest and Common Land Management: The participants agreed with the recommendations in toto for forest and common land management. Panel 3: Urban Land Use Planning and Development The following additional recommendations were proposed by the participants in Urban Land Use Planning and Development 1. Demarcation of area for solid waste management and Effective solid waste management system. 2. Quick survey of slums in all urban areas of Bihar and Effective Slum Area Development Plan 3. Demarcation of Green Areas in all urban areas 4. Arrangement for Parks and recreation ground along with cremation ground 5. Provision for street vendors 6. Redevelopment/renewal of old urban areas/pocket Although these aspects have been covered under proposed urban land use plan in draft building byelaws, the above recommendations were accepted after detailed discussion. Panel 4: Public Land Management The participants suggested the following issues in Public Land Management 1. Some of the participants disagreed with the recommendation to delegate power of settlement of gairmazarhua land to District Magistrate, which was accepted. 2. It was proposed that, the Gairmazarhua Aam land should not be distributed rather may be utilised for public purposes only. This was accepted after detailed discussion. 3. Regarding the recommendation of removal of encroachment from public land it was proposed that, once the land is removed from encroachment government should ensure protection of the same plot of land from encroachment through fencing and public notification. This was accepted after deliberation. 4. It was also proposed that, government should ensure rehabilitation of needy people removed from encroachment. This was accepted after detailed discussion. Panel 5: Transfer of Large Tract of Land to Investor: The participants agreed with all the recommendations in Transfer of Large Tract of Land to Investor. However, they suggested the following recommendation regarding MVR. 1. It was pointed out by the participants that the Minimum Value Register rule needs to be revised. Due to existing rules the price of land is increasing every year which make new business venture non-viable and risky. The formula for calculation of 298 MVR needs to be revised. It was also proposed that the objection received in respect of MVR should be deliberated in detail and genuine observations should be considered. After detailed discussion, above recommendation was accepted. Panel 6: Public Provision for Land Information All recommendations with respect to public provision of land information were accepted by the participants. The following additional recommendations were also proposed by the participants 1. The draft Land Titling Bill proposed by Government of India may be considered for adoption with required modification and fine tuning. 2. Regarding recommendation of compulsory registration of all registrable documents, it was proposed that the Gram panchayat may be engaged to register all registerable documents to make it reflect in encumbrance certificate. This recommendation was rejected by the majority of the participants. Panel 7: Land Valuation and Taxation The participants agreed with all the recommendations with respect to land valuation and taxation. However, the following additional recommendation was also suggested by participants 1. It was pointed out in the discussion that, there is a discrepancy in land rent in different places of Bihar. Discrepancies in land rent should be removed by adopting objective criteria for fixation of land rent viz. land use classification, irrigation status, productivity of land etc. This suggestion was accepted. Panel 8: Dispute Resolution Participants agreed with all the recommendations regarding dispute resolution and suggested the following additional recommendation. 1. As there are a large number of cases related to giving possession and dispossession, it was recommended that before allotment of land government should take physical possession of the land and then allot to the beneficiaries. Panel 9: Institutional Arrangements. All the recommendations regarding institutional arrangements was accepted by the participants. Mr. S. N Mishra and Thea Hilhorst from the World Bank also discussed the Dimension Ranking of each thematic area. The participants pointed out that the ranking has already been discussed in detail in the Panel discussion and the ranking given in the report is the anonymous decision of the panel members. Participants again reviewed the Dimension ranking and validated the same. It was also pointed out that the Background Report and Dimension Ranking/Revised background Report and Dimension Ranking were twice sent to all the Government Department for perusal and comments. Hence most of the validation parts were taken care by sharing this report with the Government Department. 299 Prof. Debabrata Samanta made power point presentation of the Best Practices in all thematic areas. Detailed discussions were held on the Best practices. Best Practices were validated by the participants of the workshop. Participants appreciated the efforts made by team members in compiling the Best Practices of the state in the field of land governance. Thea Hilhorst from World Bank presented the next steps ahead and discussed the same in the workshop. She suggested that some monitorable parameters should be identified for effective monitoring of the implementation of the policy prescriptions / recommendations. The workshop was also attended by Media Persons and they helped us in disseminating the findings of the study to the wider mass and the stakeholders by publishing the gist of the recommendation/deliberation of the workshop in print and electronic media. Some of the media clips are enclosed as annexure 5.2. This was a step forward in disseminating the findings and policy prescriptions amongst stakeholders. Lastly the meeting ended with vote of thanks proposed by Shri S.N Mishra from World Bank side and Shri Bidhanesh Mishra from CIMP side. While delivering vote of thanks Shri S.N. Mishra from World Bank expressed his happiness for the way / manner in which validation of findings and recommendations was done in the workshop. He further pointed out that validation has been done in true / real sense. 300 Annexure – 5.1 List of Participants of State Validation Workshop held on 26th June, 2014 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants 1. Hukum Singh Meena Old Secretariat Secretary Revenue Revenue and Land 9431038414 hukummeena@yahoo.co.in Patna, Bihar and Land Reforms Reforms Department hukummeena65@gmail.com 2. Thea Hilhorst 1818 M Sheet LGAF Global World Bank thilhorest@worldbank.org Washington Coordinator 3. Satya Narayan Social Social Development World Bank 9958200352 sanzhra2@worldbank.org Mishra Development Specialist Specialist World Bank New Delhi 4. V. Mukunda Das Director CIMP Director CIMP 9334832745 director@cimp.ac.in 5. Dr. C.A. Member 5th State 9471003629 Ashokvardhan Finance Commissioner, Bihar 6. Suresh Paswan SC / ST Welfare Special Secretary SC / ST Welfare 9431468605 Department, Govt. of Bihar, Patna 7. Satya Prakash AD (Tech) AD (Tech) Cum Bihar Survey Office 9431803899 Sharma OSD Revenue and Gulzarbagh Land Reforms 301 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants Department 8. Sushil Kumar Old Secretariat Assistant Director Revenue 9431091417 Revenue Land Reforms Department 9. Pankaj Kumar Singh Consolidation Assistant Department of 9430887542 Director Consolidation Revenue & Land Budhmarg Patna Officer Reforms, Bihar 10. Binod Kumar Jha Additional Additional Secretary Govt. of Bihar 9431633290 Secretary Revenue and Land Reforms Department 11. Umesh Singh Dy Secretary Deputy Secretary Government 9431469329 Revenue Department 12. A.K. Singh Revenue & Land OSD Revenue and Land 8544412972 ad2vcb@gmail.com Reforms Reforms Department Department Patna Secretariat 13. Neel Kamal Additional Additional Govt. of Bihar 9473191199 acpatna1@gmail.com Collector, Patna Collector, Patna 14. Abhimanyu Singh Land Land Development IDA 9431413168 Development Officer Officer, Infrastructure 302 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants Development Authority, Patna 15. Sudhanshu Kumar Patna Collectorate Land Reforms Department of Land 8544412369 dclrpatnasadar@gmail.com Choubey Deputy Collector Revenue, Govt. of 9931268194 Patna Sadar Bihar 16. Shrinarayan Tiwary MIG 149 H. ASO (Retd.) Govt. of Bihar 9334044264 Nagar Patna – 20 17. Jitendra Kumar Jha Kankarbagh Patna Dy Director (R) Govt. of Bihar 9430286376 Bihar Survey 18. Suman Kumar Chief CAO, BIADA BIADA 9431615172 Administrative Officer, BIADA, Patna 19. Nisherth Jamsd V.P. Bihar VP Bihar Industries 9334115441 Industries Association Association 20. Nanhay Kumar Bihar Chamber of Chairman of Urban Bihar Chamber of 9431020886 kumar_kaushik@yahoo.com Commerce and Sub Committee Commerce and Industries Patna Industries Patna 21. A.K.P Sinha Bihar Chamber of Secretary General Bihar Chamber of 9431020163 bccpatna@gmail.com Commerce and Commerce and Industries Patna Industries Patna 22. Awadhesh Kumar A.N. Sinha Faculty A.N. Sinha Institute of 9835889013 awedheshkumar1973@gmail.com Institute of Social Social Studies, Patna Studies, Patna 303 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants 23. Chinmarg Kumar IGC/Asian Economist IGC/Asian 8804418306 chinmarg.kumar@theigc.org. Development Development Research Research Institute, Bihar Institute, Bihar 24. Bakshi Amit Kumar Centre for Assistant Professor CEPPF, ADRI, Patna 8252329272 Bakshi012@gmail.com Sinha Economic Policy and Public Finance (CEPPF) ADRI, Patna 25. Dr. Barna Ganguli CEPPF, ADRI, Assistant Professor ADRI, Patna 9973434702 aarnaganguli@gmail.com Patna 26. A.K. Mishra Ex-Chairman, FCA A.K. Mishra & 9431033434 akmishra_1990@rediffmail.com ICAI, Patna, Associates 27. Vidyarthi Vikas A.N. Sinha Assistant Professor A.N. Sinha Institute, 7765957289 vidyarthiv@rediffmail.com Institute of Social Patna Studies, Patna 28. Dr. S.C. Roy Associate Associate Professor Chanakaya National 9431619749 seroy2010@gmail.com Professor, (Law) Law University, Patna Chanakaya National Law University, Patna 29. Dr. B.N. Prasad National Institute Professor National Institute of 9835068906 of Technology, Technology, Patna Patna 30. B.L. Mishra CIMP Principal Research CIMP 9431268510 304 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants Coordinator 31. Bidhanesh Misra CIMP Visiting Professor CIMP 9334116750 32. Dhruva Kumar NABARD, 4th AGM NABARD 9431443989 Block, Mauyalok Complex, Patna 33. Anil Kumar NABARD, Patna AM NABARD 9471906795 anilpato7@rediffmail.com 34. Dr. Manoj Mishra Admerit College Vice Principal Admerit College 9334692623 manojbashisr@gmail.com 35. Vijaya Chandragupt Associate Professor CIMP 7870774523 vijaya@cimp.ac.in Bandyopadhayaya Institute of 9386896011 Management Patna (CIMP) 36. Manoj Kumar Patna Municipal Social Development Patna Municipal 9608747680 Manojkp456@gmail.com Pandey Corporation Officer Corporation 37. Atish Kumar Dash Central Assistant Professor CUB 9162870065 dashatish@gmail.com University of Bihar 38. Birendra Kumar Senior Manager Senior Manager, Union Bank 9334036333 (Rtd.) Union Retd. Bank of India, Patna 39. Anup Raj CIMP Assistant Professor CIMP 9546726514 anupraj019@gmail.com 40. Shabbir Hasan Chakbandi Instructor Govt. of Bihar 9472059800 training Institute Patna 41. Bishnu Shanker CIMP Media-incharge- 9304897473 305 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants Prasad cum-Manager, SGC 42. Sibananda Senapati CIMP Professor CIMP 9304803290 43. Sayan Banerjee CIMP Assistant Professor CIMP 9386804818 44. Debabrata Samanta CIMP Assistant Professor CIMP 9304440983 debabrata@cimp.ac.in 45. Om Prakash GPSVS Project Manager GPSVS 7631621695 omprakashnis@gmail.com Madhubani 46. Saroj Kumar Gafari Chak, 9334746695 kumarsaroj86@gmail.com Masaudi, Patna 47. Sumit Kumar D.N. College, 9570718806 Masaudi 48. Sumita Jaiswal Dainik Jagran, Senior Reporter Dainik Jagran 7783897344 pioneersumita30@gmail.com Kidwaipuri 49. Ratnesh Anand Rural Connect Rural Connect 9905810064 50. Saqib Khan Dainik Bhaskar Reporter Dainik Bhaskar 9708211701 saqibkhan366@gmail.com 51. Bodhisattwa Kundan The Telegraph Manager ABP 9771490247 Bodhisattwa.kundan@abp.in Frazer Road, Patna 52. P. Kumar Subzibagh, Patna Reporter Pindar 9835218851 pindan2010@gmail.com 53. Awanish Kumar Patna Reporter Darsh News 9771902877 awanishreporter@gamil.com 54. Sanjay Kumar Patna Reporter Naxatra News 9334083891 sk999775@gmail.com 55. Vikash Kumar Singh Hindustan News Reporter 9097331114 vikashsinghvaibhav1@gmail.com Paper 56. Vijay Kumar Sandhya Times Reporter 9204124383 57. M.A. Shaban Qaumi Tanzeem Correspondent Qaumi Tanzeem Urdu 9470243046 sbnpatna@gmail.com Urdu Daily Daily 306 SI. Name of the Address Designation Organization Mobile No. Email-Id No. Participants Sabzibagh, Patna 58. Anurag Pradhan Prabhat Khabar Reporter Prabhat Khabar 9472164204 anuragpradhan.ama@gmail.com 307 Annexure – 5.2 Press Clipping Regarding State Validation Workshop held on 26th June, 2014 308 309 310 311 312 313 314 315