Government of Bihar Home (special) Department

Notification Patna, dated......,...,,............,. No.- /C.l.POL-104/95-Part-ll-............/ ln view of order passed by the Hon'ble Supreme Court in S.L.P. (c) No.8519 of 2006 Union of India v/s State of Guirat and others, and in exercise of the powers conferred by the Article 166 of the constitution of lndia; the Governor of Bihar hereby makes the following rules for removal/relocation and reBularization of the unauthorised religious structures constructed on public places in the state:-

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short title, extent and commencement:- (1) These rules may be called "The Bihar unauthorised religious structures construction survey and its regularization, relocation and removal Rules, 2013." {2) lt shall extend to the whole oi the Bihar State lt shall come into force with immediate effect. Definitions :- ln these rules, unless the context otherwise requires:(a) "Fixed date" means the date of commencement of these rules; (b) "Unauthorised .eligious structures" means those religious structures such as-temple, church, mosque, Gurudwara, and etc constructed on public places;

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(c) "Public places" means public park, road, lane, Government land and any building or land which is not a prlvate property' survey of the religious structures constructed on public places :- (1) ln future, no constructicit on anY public place in the name of religious institutions shall be made or allowed to be made. {2) The unauthorised structures of religious institutions already constructed shall separately be taken into consideration on case-to-case basis for their removal, For this purpose, by reviewing all the religious places separately on ground of the previous survey o{ the feligious structures already constructed and after those having been identified, a committee shall be constituted at the district level for further appropriate

action, The Chairman of which will be The District officer and Police superintendent, Additional collector, concerned sub-divisional officer and sub-divisional Police officer will be the Members and Sub-divisional Officer will be the Member Seffetary. District Officer shall himself/herself be competent for the removal of such unauthorised structures on ground of the recommendations made, after separately reviewing such unauthorised structures constructed on

public places on case-to-case basis, by committee regarding removal/relocation/regularizationofsuchstructures. p.r.o....

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Reguiarii.:!ar of unauthorised religious structures

i

Such religious

places, which are much older structures regularized: rhar: 30 ye:r: irom the above said fixed date shall be pending in any court Provi6ec :.at no case relating to their removal is should be due to and no interrrption in the maintenance of easy traffic minimum possible their regularization The structures constructed in the

insti!.:io.! !cnstructed on public /

areashallberegularizedandevenforthispurpose,theprescribedproper feesshallber€alizedbYtheRevenueandLandReformsDepartmentofthe stateGovemment.lnsuchcasestheproposalofregularizationshallbe and Land sent through the Divisional Commissioner to the Revenue Reforms Department bY the District Officer'

:- (1) After Removal/Relocation of the unauthorised religious structures having been the reli8ious structures constructed on the public places with the identified, and on the basis of the discussion and consent be made an foremost co-operation of the locat communities there shall places or to find out a attempt for their removal/relocation on the other other manner alike solution regarding those sfiuctures peacefully or in any whatsoever, shall be taken (2) ln case no final solution comes out on consent' actions the on case-to-case basis in each and every such cases' by following Act and procedures prescribed in the Bihar Public Land Encroachment

other relevant laws. early as possible under the Bihar Public {3} The actions shall be taken as of the religious Land Encroachment Act for removal of such structures period less than thirty years' institutions which are on public places for the problem arises seriously due to ln case the possibility of the Law and order taken for removal of prevailing tension in society during su'h actions being by the District the unauthorised structures, such cases may be forwarded with the approval of officer concerned to the Government for decision and ln case no declsion is the Government an appropriate action may be taken

of

taken on part of th€ Government for immediate unauthorisedstructure,thereshallbemadeanattempttoreducethose any interruption in the structures to that extent that there maY not be removal

anY

public' easy and safe traffic system for common

District Officer concerned to obtain {4) It shall be imperative for the officer of the central requisition/consent/opinion of the competent government/ Central public undertaking before removaUrelocation

reliSious structures constructed on the /reBularization of the unauthorised or central public land under the ownership of the central government

undertaking.

P

r'o' "

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o. ihe unauthorised

religious structures :- The District Officer cc.aerT'=o shall submit a repod every month, regarding the action taken utCe.:he above said directions in the prescribed format enclosed, to the

ReEor:i.3

Goveril-:e.: il. the Home Department.

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fuliscellaneors :- lt shall be on part of the State Government to ensure that in future there may not be anY construction of any unauthorised structure of any reliSious institutions on public places. Inierpretation :- ln case any doubt arises out in interpretation of any

provision of these rules, such matters shall be referred to the home (special) Department, Bihari and its decision shall be final upon that' By order of the Governor of Bihar

sd/ (Preeta Verma) Special SecretarY

Home Department. Memo No,- C/C.l.POL-104/95-Part-lt Patna Dated Copy forwarded to the Joint Se.retary, Finance Department, Bihar, Patna to get it published in the next ex a ordinary issue of the E-Gazette' Requested that 500 printed extra copies of the Gazette be made available to the Home (Special) Department, Bihar, Patna.

sd/ {Preeta Verma) special secretary Home DePartment' MemoNo.-C/C.l.PoL-104/95-Part-ll-.. PatnaDated Copy forwarded to the Accountant General, Bihar, Veerchand Patel Path, Patna for information and necessarY action.

sdl(Preeta Verma) SPecial SecretarY Home Department.

MemoNo.-C/C.l.POL-104/95-Part-ll-.. Copy forwarded to the Principal secretary

PatnaDated

to Governor/Principal

Private

Secretary to the Chief secretarY/all departments/all heads of the Departments/all Divisional Commissioners/all District officer/all Police superintendents/all Treasury/ Sub-treasury officers for information and necessary action.

sd/(Preeta Verma) Special Secretary Home Department.

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" """ C/C.l.PoL-104/95-Part-ll--' Patna supreme court' New Delhi arori.rratJ* ,t the Registrar' the Hon'ble

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Dated

Memo tao'-

for informatirrfl.

sd/(Preeta verma) SPecial SecretarY

Home DePartment'

p"nu '

Dated

.

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Memo No.- c/c.l.PoL-lpa/gtPart-ll-"9 'S'9-5 inrormation ru"n"s"" Horne Departmeh Biha(ror ,.

;' / and necessary action'

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Special Secre

ent.

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