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Bhumi-Khatian (Parbattya Chattagram) Ordinance of 1984

Whereas it is expedient to provide for the preparation of a Bhumi-Khatian of the Parbattya Chattagram area and for matters relating thereto;
Now, therefore, in persuance of the Proclamation of the 24th March, 1982, and in exercise of all powers enabling him in this behalf, the President is pleased to make and promulgate the following Ordinance:-

1. Short title and application.- (1) This Ordinance may be called the Bhumi-Khatian (Parbattya Chattagram) Ordinance of 1984.
(2) It shall be applicable in the whole Parbattya Chattagram area.

2. Definitions.- In this Ordinance, unless there is anything repugnant in the subject or context,-

(a) "Parbattya Chattagram" shall include the whole area of the Parbattya Chattagram, Bandarban and Khagrachari districts;
(b) "land (bhumi)" shall include waters and reservoirs of water;
(c) "Revenue Officer" means a Public Settlement Officer or any other officer appointed by the Government for the discharge of all or any of the functions of a Revenue Officer in accordance with this Ordinance or the rules made thereunder.

4. Details to be recorded in a Bhumi-Khatia.-
(1) Where an order under section 3 has been issued, the Revenue Officer shall survey each Mauza and prepare for each Mauza separately a large-sized map showing all roads and ghats, rivers and channels, meadows and other characteristics thereof and he shall record in the Bhumi-Khatia to be prepared or amended all details which the Government decides to record therein.
(2) Where any area within the pre-established boundaries of a Mauza does not qualify for being surveyed and recorded separately, the Revenue Officer shall, after enquiring, as far as possible, the opinion of the local population and the District Administrator, submit, through the Director-General of Land Record and Survey, to the Government a proposal to determine the area for being surveyed separately and the Government shall, if it approves of the unit, declare it to be a village for the purpose of preparing and amending a map and Bhumi-Khatia.

5. Publication of a draft of a Bhumi-Khatia.- The Revenue Officer shall, after preparing or amending a draft of a Bhumi-Khatia in accordance with section 4, lay the draft open for public inspection for a period of no less than thirty days and he shall, if there is any objection filed against anything recorded or omitted in the Khatia within such period, receive such objection and decide upon it.

6. Appeal.- (1) Any person affected by any order from a Revenue Officer on an objection filed under section 5 may, within thirty days from the date of such order, file an appeal to the Settlement Officer.
(2) Every such appeal shall be made in writing and therein shall be stated the reasons for the appeal and an attested copy of the order against which the appeal has been filed shall be added to it.
(3) The Settlement Officer may decide on such an appeal himself or he may transfer it for decision to any such superior public Settlement Officer as is not involved in the preparation or amendment of the said Bhumi-Khatia.

7. Manner of deciding on objections and appeals.- (1) Whoever hears an objection under section 5 or an appeal under section 6 shall hold all the powers applicable by an officer appointed to act as a civic judge in Parbattya Chattagram and all the powers of a Collector under the Survey Act, 1875 (Bengal Act No.5 of 1875).
(2) An objection or appeal shall be decided upon summarily and the copy shall contain a summary of the testimonies and proofs and an abstract of the reasoning of the judgement.
(3) No objection or appeal shall be decided upon without giving opportunity for a hearing to the parties concerned.

8. Final Publication of a Bhumi-Khatia.- (1) The Revenue Officer shall, on decision of all objections and appeals, prepare a final Bhumi-Khatia and provide for it to be printed.
(2) The Revenue Officer shall, after the Bhumi-Khatia has been printed, lay the Khatia open for public inspection for a period of no less than thirty days and this shall be deemed to be the conclusive proof for the Bhumi-Khatia to have been correctly prepared or amended under this Ordinance.

9. Attestation.- The Revenue Officer shall, on the final publication of a Bhumi-Khatia, within such period as may be specified in this behalf by the Director-General of Land Records and Survey, prepare an attestation stating the fact and date of such final publication and the attestation shall contain his name and public office together with the date and his signature.

10. Presumption of the correctness of a Bhumi-Khatian.- Every information written down in a Bhumi-Khatian prepared or amended under this Ordinance shall be presumed to be a proof in any matter relating thereto and shall be presumed to be correct until being proved to be incorrect by any evidence.

11. Power of the Settlement Officer to withdraw and transfer a suit.- The Settlement Officer may, in view of an application or at his own motion, withdraw from any Revenue Officer subordinated to him any suit filed under this Ordinance and decide upon it, or transfer it for decision to any other Revenue Officer subordinated to him.

12. Amendment of fraudulently altered records.- (1) Where the Settlement Officer, in view of an application or at his own motion, on review of the record concerned and after such inquiry as he thinks necessary, is satisfied that in any Bhumi-Khatian any information has been written down fraudulently, he may give order to amend the Bhumi-Khatian before its final publication.
(2) The Settlement Officer shall give no order under this Ordinance without giving reasonable opportunity for hearing to the parties concerned.
(3) Any order given under this section shall be deemed to be final.

13. Special powers of the Settlement Officer.- The Settlement Officer may at any time, before the final publication of a Bhumi-Khatian, give order to annual any procedure taken under this Ordinance in respect of any area and he may also direct the stage from which such procedure shall be again be started.

14. Power of the Director-General to supervise and control under this Ordinance.- Subject to the general supervision of the Government, all measures taken under this Ordinance shall be conducted under the supervision and control of the Director-General of Land Records and Survey and he may exercise all the powers and discharge all the functions of a Revenue Officer under this Ordinance.

15. Transfer of maps and Bhumi-Khatians to District Administrator.- (1) The Revenue Officer shall, after the final preparation or amendment of a Bhumi-Khatian of any Mauza under this Ordinance, transfer all printed maps and the Bhumi-Khatian including all documents relating thereto to the District Administrator concerned.
(2) The District Administrator shall make arrangements for the sale of printed maps and the Bhumi-Khatian at such price as the Government may specify.

16. Bar of jurisdiction.- No suit or application shall be filed before any court in connection with any direction relating to an order to prepare or amend a Bhumi-Khatian or in connection with any matter relating to the preparation or amendment of a Bhumi-Khatian.

17. Power to make rules.- The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

18. Application of Bengal Act No.5 of 1875 in Parbattya Chattagram.- The Survey Act of 1875 (Bengal Act No.5 of 1875) and the rules made thereunder shall be applicable in Parbattya Chattagram.