MANIPUR LAND REVENUE AND LAND REFORMS ACT 1960
THE MANIPUR LAND REVENUE AND LAND REFORMS ACT, 1960
ACT No. 33 OF 1960
An Act to consolidate and amend the law relating to land revenuein the Union territoryof Manipur and to providefor certain measures of land reform
BE it enacted by Parliament inthe Eleventh Year of the Republicof India as follows: –
1.Short title, extent andcommencement: (1) ThisAct may be called the Manipur Land Revenue and Land Reforms Act, 1960.
(2) It extends to the whole ofthe Union territoryof Manipur except thehill areas thereof.
(3) It shall come into force onsuch date as the Administrator may, by notification in the Official Gazette,appoint; and different dates may be appointed for different areas and for differentprovisions of this Act.
2.Definitions: In this Act, unless the contextotherwise requires, –
(a) "Administrator"means the Administrator of the Union territoryof Manipur;
(b) "agriculture"includes horticulture, the raising of annual or periodical crops or gardenproduce, dairy farming, poultry farming, stock breeding and grazing andpisciculture;
(c) "basic holding"means land used for agricultural purposes which is equal to 2.5 acres in area;
(d) "commencement of thisAct", in relation to any provision, means the date specified in respect ofthat provision in a notification under sub–section (3) of section 1;
(e) "competentauthority", in relation to any provision, means any officer appointed bythe Administrator to be the competent authority for the purposes of thatprovision;
(f) "deputycommissioner" means the deputy commissioner of the district and includesany officer appointed by the Administrator to exercise and perform all or anyof the powers and functions of a deputy commissioner under this Act;
(g) "family", exceptin Chapter XI, means in relation to a person, the wife or husband of suchperson, his children, grandchildren, parents and brothers, and in the case of ajoint Hindu family, any member of such family;
(h) "family holding"means land used for agricultural purposes which is equal to 7.5 acres in area;
(I) " Government"means the Central Government;
(j) "hill areas"means such areas in the hill tracts of the Union territory of Manipuras the Administrator may, by notification in the Official Gazette, declare tobe hill areas;
(k) "holding" means aparcel of land separately assessed to land revenue;
(l) "improvement", inrelation to any land, means any work which materially adds to the value of theland and which is suitable to the land and consistent with the characterthereof, and includes–
(i) the construction of tanks,wells, water channels and other works for the storage, supply and distributionof water for agricultural purposes or for the use of man and cattle employed inagriculture;
(ii) the construction of worksfor the drainage of land or for the protection of land from floods or fromerosion or from other damage by water;
(iii) the preparation of landfor irrigation;
(iv) the conversion of one–cropinto two–crop land;
(v) the reclaiming, clearing,enclosing, levelling or terracing of land used for agricultural purposes;
(vi) the erection on land or inthe immediate vicinity thereof otherwise than on the village site, of abuilding or house for the occupation of the tenant, his family and servants orof, a cattle shed, a store house or other construction for agriculturalpurposes or of any building required for the convenient or profitable use ofoccupation of the land; and
(vii) the renewal orreconstruction of any of the foregoing works or such alterations therein oradditions thereto as are not of the nature of ordinary repairs;
(m) "land owner", inrelation to any land, means a person who acquires rights of ownership inrespect of such land under sub–section (1) of section 99 and includesthe successors–in–interest of such person;
(n) "minor" means aperson who is deemed not to have attained majority under the Indian MajorityAct, 1875 (9 of 1875);
(o) "OfficialGazette" means the Manipur Gazette;
(p) "pay","payable", and "payment,", used with reference to rent,include "deliver" "deliverable" and delivery";
(q) "person underdisability" means–
(i) a widow;
(ii) a minor;
(iii) a woman who is unmarriedor who, if married, is divorced or judicially separated from her husband orwhose husband is a person falling under (iv) or (v);
(iv) a member of the ArmedForces of the Union;
(v) a person incapable ofcultivation by reason of physical or mental disability;
(r) "personalcultivation" with its grammatical variations and cognate expressions meanscultivation by a person his own account–
(i) by his own labour, or
(ii)by the labour of any memberof his family, or
(iii) by servants or by hiredlabour on wages payable in cash or in kind but not as a share of produce underhis personal supervision or the personal supervision of any member of hisfamily;
Explanation. I: Landshall not be deemed to be cultivated under the personal supervision of a personunless such person or member resides in the villages in which the land issituated or in a nearby village, within a distance to be prescribed, during themajor part of the agricultural season;
Explanation II: In thecase of a person under disability, supervision by a paid employee on behalf ofsuch person shall be deemed to be personal supervision;
(s) "prescribed"means prescribed by rules made under this Act;
(t) "public purpose"includes a purpose connected with settlement of land with cultivators, tenantsejected as a result of resumption, landless agricultural workers or co–operativefarming societies;
(u) "rent " meanswhatever is lawfully, payable, in cash or in kind or partly in cash and partlyin kind, whether as a fixed quantity of produce or as a share of the produce,on account of the use or occupation of land or on account of any right in landbut shall not include land revenue;
(v) "tenant" means aperson who cultivates or holds the land of another person under an agreement,express or implied, on condition of paying therefor rent in cash or in kind ordelivering a share of the produce and includes a person who cultivates or holdsland of another person on payment of ‘lousal, or under the system generallyknown as ‘bhag’, adhi’ or ‘barga’;
(w) "village" meansany tract of land which before the commencement of this Act was recognised asor was declared to be a village under any law for the time being in force orwhich may after such commencement be recognised as a village at any settlementor which the Administrator may, by notification in the Official Gazette,declare to be a village;
(x) "year means theagricultural year commencing on such date s the Administrator may, in the caseof any specified area, by notification in the Official Gazette, appoint,
REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT
3.Power to create, leer orabolish districts, sub-divisions, etc: (1) The Administrator may, with the previousconcurrence of the Government, by notification in the Official Gazette, dividethe territories to which the Act extends into one or more districts, and maysimilarly divide any district into sub–divisions and tehsils, and mayafter the limits of, or abolish, any district, sub–division or tehsil
(2) The districts, sub–divisionsand tehsils existing at the commencement of this Act shall continuerespectively to be the districts, sub–division and tehsils under thisact unless otherwise provided under sub–section.(1).
4.Appointment of revenueofficers: The Government or such officeras may be authorised by the Government in this behalf, may appoint thefollowing classes revenue officers, namely: –
(a) deputy commissioner;
(b) additional deputycommissioner;
(c) director of settlement andland records;
(e) extra–assistant commissioners;
(f) Survey and settlementofficers;
(g) assistant survey andsettlement officers;
(i) revenue inspectors;
(k) such other village officersand servants as may be specified by rules made under this Act.
5.Deputy Commissioner andcertain other revenue officers: (1) Each district shall be placed under the charge of a deputycommissioner who shall be in charge of the revenue administration of thedistrict and exercise the powers and discharge the duties of the deputycommissioner under this Act or any other law for the time being in force andshall exercise so far as is consistent therewith such other powers ofsuperintendent and control within the district and over the officerssubordinate to him as may from time to time be prescribed.
(2) The additional deputycommissioner shall exercise all such powers and perform all such duties of thedeputy commissioner or other revenue officer as the Administrator may specifyby notification in the Official Gazette.
(3) Each sub–divisionshall be placed under the charge of a sub–divisional officer.
(4) The extra–assistantcommissioner shall exercise all such powers and perform all such duties of thedeputy commissioner or other revenue officer as the Administrator may specifyby notification in the Official Gazette.
(5) Each tehsil shall be placedunder the charge of a sub–deputy collector.
(6) The duties and powers ofthe sub–divisional officers, the sub–deputy collectors and otherrevenue officers shall be such as may be imposed or conferred on them by orunder this Act or any other law in force for the time being or any general orspecial order of the Administrator published in the Official Gazette.
6.Settlement officers: The officers specified in items(c) and (f) and (g) of section 4 shall have power to take cognisance of allmatters connected with the survey of land and the settlement of revenue ratesand the preparation and maintenance of land records and other registers andshall exercise all such powers and perform all such duties as may be prescribedby any general or special order of the Administrator published in the OfficialGazette.
7.Subordination of revenueofficers: All revenue officers shall besubordinate to the Administrator and all revenue officers in the district or asub–division shall be subordinate to the deputy commissioner or the sub–divisionalofficer as the case may be.
8.Combination of officers: It shall be lawful for theAdministrator to appoint one and the same person to any two or more of theoffices provided for in this Chapter, to make any appointment by virtue ofoffice and also to confer on any officer of the Government all or any of thepowers and duties of any of the revenues officers including the deputycommissioner.
9.Notification of appointments:All appointments made underthis Chapter except appointments of revenue inspectors and village accountantsand other village officers and servants shall be notified in the OfficialGazette.
10.Sales: The Administrator shall, fromtime to time, by notification in the Official Gazette, specify the revenueofficers who shall use a seal and also the size and description of the sealwhich each such officer shall use.
LAND AND LAND REVENUE
11.Title of Government to lands,etc: (1) All lands, public roads,lanes and paths and bridges ditches, dikes and fences on or besides the same,the beds of rivers, streams, nallahs, lakes and all canals and water courses,and all standing and flowing water, and all rights in or over the same orappertaining thereto, which are not the property of any person, are and arehereby decelerated to be the property of Government.
(2) Unless it is otherwiseexpressly provided in the terms of a grant made by the Government, the right tomines, minerals and mineral products shall vest in the Government, and it shallhave all the powers necessary for the proper enjoyment of such rights.
(3) Where and property or anyrights in or over any property is claimed by or on behalf of the Government, orby any person as against the Government and the claim is disputed, such disputeshall be decided by the deputy commissioner whose order shall subject to theprovisions of this Act, be final.
(4) Any person aggrieved by anorder made under sub–section (3) or in appeal or revision there from mayinstitute a civil suit to contest the order within a period of six months formthe date of such order, and the decision of the civil court shall be binding onthe parties.
12.Right to trees forests etc: (1) The right to all trees,jungles or other natural products growing on land set apart for forest reservesand to all trees, brush wood, jungle or other natural product, wherevergrowing, except in so far as the same may be the property of any person vest inthe Government, and such trees, brush wood, jungle or other natural productshall be preserved or disposed of in such manner as may be prescribed, keepingin view the interests of the people in the area with regard to the user of thenatural products.
(2) All road–side treeswhich have been placed and reared by or under the orders or at the expense ofthe Government and all trees which have been planted and reared at the expenseof local authorities by the side of any road belonging to the Government vestin the Government.
13.Assignment of land forspecial purposes: Subject to rules made in this behalf under this Act, the deputycommissioner may set apart land belonging to the Government for pasturage forthe village cattle, for forest reserves or for any other purpose.
14.Allotment of land: (1) The deputy commissioner mayallot land belonging to the Government for agricultural purposes or forconstruction of dwelling houses, in accordance with such rules as may be madein this behalf under this Act; and such rules may provide for allotment of landto persons evicted under section 15.
(2) The Administrator shallhave power –
(a) to allot any such land forthe purpose of an industry or for any purpose of public utility on suchconditions as may be prescribed, or
(b) to entrust the managementof any such land or any rights therein to the Gram Panchayat of the villageestablished under any law for the time being in force.
15.Unauthorised occupation ofland: (1) Any person who occupies orcontinues to occupy and land belonging to Government without lawful authorityshall be regarded as a trespasser and may be summarily evicted there from bythe competent authority and any building or other construction erected oranything deposited on such land, if not removed within such reasonable time assuch authority may from time to time fix for the purpose, shall be liable to beforfeited to the Government and to be disposed of in such manner as thecompetent authority may, in lieu of ordering the forfeiture of any such buildingor other construction, order the demolition of the whole or any part thereof.
(2) Such trespasser shall alsobe liable by way of penalty to pay a sum which may extend to six times theannual assessment on such land as may be specified by the competent authorityand such sum shall be recoverable in the same manner as an arrear of landrevenue.
(3) Upon payment of the penaltyreferred to in sub–section (2), the trespasser shall have the right oftending, gathering and removing any ungathered crops.
16.Liability of land to landrevenue: (1) All lands, to whateverpurpose applied, are liable to payment of land revenue to the Government.
(2) The Administrator mayexempt any land from the liability to such payment by means of a special grantor contract or in accordance with any law for the time being in force or therules made under this Act.
17.Alluvial lands: All alluvial lands, newlyformed islands, or abandoned river beds, which vest under any law for the timebeing in force in any holder of land shall be subject of liability to landrevenue to the same privileges, conditions and restrictions as are applicableto the original holding by virtue of which such lands, islands or river bedsvest in the said holder, but no revenue shall be leviable in respect of anysuch lands, islands or river beds unless the area of the same exceeds one acre.
18.Land revenue in case ofdiluvion: Every holder of land payingland revenue in respect thereof shall be entitled, subject to such rules as maybe made in this behalf, to a decrease of assessment if any portion thereof, notbeing less than one acre in extent, is lost by dilution.
19.Assessment of land of landrevenue: (1) The assessment of landrevenue on any land shall be made or deemed to have been made with respect tothe use of the land–
(a) for purposes ofagriculture,
(b) for industrial orcommercial purposes,
(c) as sites for dwellinghouses, and
(d) for any other purpose.
(2) Where land assessed for usefor any one purpose is diverted to any other purpose, the land revenue payableupon such land shall, notwithstanding that the term for which the assessmentmay have been fixed has not expired, be liable to be altered and assessed at adifferent rate in accordance with the rules made under this Act.
20.Diversion of land: (1) If any person holding forany purpose whose to divert such land or any part thereof any other purposeexcept agriculture, he shall apply for permission to the competent authoritywhich may, subject to the provisions of this section and to the rules madeunder this Act, refuse permission or grant it on such conditions as it maythink fit.
(2) Permission to divert may berefused by the competent authority only on the ground that the diversion islikely to cause a public nuisance or that it is not in the interest of thegeneral public or that the holder is unable or unwilling to comply with theconditions that may be imposed under sub–section (3).
(3) Conditions may be imposedon diversion for the following objects and no others, namely, in order tosecure the public health, safety and convenience, and in the case of land whichis to be used as building sites, in order to secure, in addition, that thedimensions, arrangement and accessibility of the sites are adequate for thehealth and convenience of occupiers or are suitable to the locality.
(4) If any land has beendiverted without permission by the holder or by any other person with orwithout the consent of the holder, the competent authority, on receivinginformation thereof, may impose on the person respectable for the diversion apenalty not exceeding on hundred rupees, and may proceed in accordance with theprovisions of sub–section (1) as if an application for permission todivert had been made.
(5) If any land had beendiverted in contravention of an order passed or of a condition imposed underany of the foregoing sub–section, the competent authority may serve anotice on the person respectable for such contravention, directing him, withina reasonable period to be stated in the notice, to use the land for itsoriginal purpose or to observe the condition; and such notice may required suchperson to remove any structure, to fill up any excavation, or to take suchother steps as may be required in order that the land may be used for itsoriginal purpose, or that the condition may by satisfied. The competentauthority may also impose on such person a penalty not exceeding one hundredrupees for such contravention, and a further penalty not exceeding four rupeesfor each day during which such contravention continues.
Explanation:Diversion" in this section means using land assessed to one purpose forany other purpose, but using land for the purpose of agriculture where it isassessed with reference to any other purpose shall not be deemed to bediversion.
21.Remission or suspension ofrevenue on failure of crops: The Administrator may, in accordance with the rules made in thisbehalf under this Act, grant a remission or suspension of land revenue in yearsin which crops have failed in any area.
22.Responsibility for paymentof land revenue: (1) The following person shall be primarily liable for the paymentof land revenue assessed on land, namely: –
(a) the person to whom the landbelongs; and
(b) the tenant or any otherperson in possession of the land, provided that such tenant or other personshall be entitled to credit from the owner of the land, for the amount paid byhim.
(2) Where there are two or morepersons liable to pay land revenue under sub–section (1), all of themshall be jointly and severally liable for its payment.
23.Receipt land revenue: Every revenue officer receivingpayment of land revenue shall, at the time when such payment is received byhim, give a written receipt for the same.
SURVEY AND SETTLEMENT OF LAND REVENUE
24.Definitions of revenuesurvey, settlement and term of settlement: The operations carried out in accordance with theprovision of this Chapter in order to determine or revise the land revenuepayable on lands in any local area are called a "revenue survey", theresults of the operations are called a "settlement" and the periodduring which such results are to be in force is called the "term ofsettlement".
25.Inquiry into profits ofagriculture: (1) Assoon as may be after the commencement of this Act the Administrator shall takesteps to institute and shall cause to be constantly maintained in accordancewith the rules made under this Act, an inquiry into the profits of agricultureand into the values of land used for agricultural and non–agriculturalpurposes.
(2) For the purpose ofdetermining the profits of agriculture, the following matters shall be takeninto account in estimating the cost of cultivation, namely: –
(a) the depreciation of stockand buildings:
(b) the money equivalent of thelabour and supervision by the cultivator and his family:
(c) all other expenses usuallyincurred in the cultivation of the land which is under inquiry; and
(d) interest on the cost ofbuildings and stock, on all expenditure for seed and manure and on the cost ofagricultural operation paid for in cash.
26.Revenue survey: Whenever the Administratorthinks it expedient so to do, be may, with the approval of the Government, bynotification in the Official Gazette, direct the revenue survey of any localarea with a view to the settlement of the land revenue and to the preparationof a record of rights connected therewith or the revision of any existingsettlement or record of rights.
27.Power to require assistancefrom landholders: A survey officer debuted to conduct or take part in any revenuesurvey may, by special order or by general notice to be published in theprescribed manner, require the attendance of holders of lands to assist in themeasurement or classification of the lands to which the revenue survey extendsand, when hired labour is employed for purposes incidental to the revenuesurvey, any assess and apportion the cost thereof on the lands surveyed, forcollection as land revenue due on such lands.
28.Survey numbers and villages:Subject to the rules made inthis behalf under this Act, the survey officer may–
(a) divide the lands to whichthe revenue survey extends into survey numbers and group the survey numbersinto villages; and
(b) recognise the existingsurvey numbers, reconstitute them of form new survey numbers.
29.Division of survey numbersinto sub-divisions: The survey officer may sub–divide survey number into asmany sub–divisions as may be required in the manner prescribed.
30.Determination of revenuerates: The Administrator may at anytime direct the determination or the revision of the revenue–rates forall lands in any area of which a revenue survey has been made.
31.Preparation of statisticaland fiscal records: It shall be the duty of the survey officer of the settlementofficer on the occasion of making or revision a settlement of land revenue toprepare a register to be called the "settlement register", showingthe area and assessment of each survey number, with any other particulars thatmay be prescribed, and other records in accordance with such orders as may fromtime to time be made in this behalf by the Administrator.
32.Revenue rates howdetermined: For thepurpose of determining the revenue–rates, the settlement officer maydivide any area into units and informing such units, he shall have regard tothe physical features, agricultural and economic conditions and tradefacilities and communication; and shall then determine the revenue–ratesfor different classes of lands in each such unit in the manner and according tothe principles prescribed and in particular, in the case of agricultural land,to the profits of agriculture, to the consideration paid for leases, to thesale prices of land and to the principal monies on mortgages and in the case ofnon–agricultural land, to the value of the land for the purpose forwhich it is held.
33.Publication of tablerevenue-rates: (1) Thesettlement officer shall prepare a table of revenue rates in the prescribedform and publish it in the prescribed manner for the prescribed period.
(2) Any person objecting to anyentry in the table of revenue–rates may present a petition in writing tothe settlement officer within the prescribed period and the settlement officershall consider such objection after giving a hearing to the objector.
(3) The settlement officershall submit the table of revenue–rates to the Administrator togetherwith a summary of objections, if any his decisions on such objections and astatement of the grounds in support of his proposals.
34.Confirmation of the table ofrevenue-rates: (1) TheAdministrator may confirm the table of revenue–rates submitted to him bythe settlement officer with such modification any, as he may considernecessary.
(2) The table of revenue–ratesconfirmed under sub–section (1) shall be finally published in theOfficial Gazette.
35.Rates of revenue to formpart of settlement register: The table of revenue–rates published under section 34 shallbe incorporated in and form part of the settlement register of the villages.
36.Introduction ofrevenue-rates: When therevenue–rates are determined under this Chapter in respect of any area,such rates shall take effect from the beginning of the year next after the dateof final publication of the table of revenue–rates under section 34.
37.Duration of revenue rates: (1) When the table of revenue–ratesfor any area has been finally published, the rates specified therein shallremain in force for a period of thirty years.
(2) Notwithstanding anythingcontained in sub–section (1), –
(a) revenue–rates may bealtered or revised in any year after the expiry of every ten years from thedate on which the table of revenue –rates was introduced, in such mannerand to such extent as may be prescribed;
(b) when the circumstances of alocal area are such that a fresh determination of the revenue–rates isin the opinion of the Administrator inexpedient, he may think necessary.
38.Assessment on holdings: (1) The settlement officershall calculate the assessment on each holding in accordance with the revenue–ratesconfirmed and finally published under section 34 and such assessment shall bethe fair assessment.
(2) The settlement officershall have the power to make fair assessment on all lands whatsoever to whichthe revenue survey extends, whether such lands are held with liability to payfull land revenue or land revenue at concessional rates or are held revenue–rates.
(3) The fair assessment of alllands shall be calculated in accordance with rules made in this behalf andhaving regard to the following principles, namely: –
(a) no regard shall be had toany claim to hold land on privileged terms;
(b) regard shall be had in thecase of agricultural land to the profits of agricultural, to the considerationpaid for leases to the sale prices of land and to the principal monies onmortgages, and the case of non–agricultural land, to the value of theland for the purpose for which it is held;
(c) where any improvement hasbeen effected at any time in any holding held for the purpose of agriculture byor at the expense of the holder thereof, the fair assessment of such holdingshall be fixed as if the improvement had not been made.
39.Additional assessment forwater advantages: Notwithstanding anything contained in this–Chapter, theAdministrator may direct that any land in respect of which the rate of revenuehas been determined shall be liable to be assessed to additional land revenueduring the term of the settlement for additional advantages accruing to it fromwater received on account of irrigation works or improvements in existingirrigation works completed after the table of revenue–rates came intoforce and not effected by or at the expense of the holder of the land.
40.Continuance of surveyoperations and rates in force at commencement of Act: Notwithstanding anythingcontained in this Chapter, all survey operations commenced under any law forthe time being in force and continuing at the commencement of this Act shall bedeemed to have been commenced and to be continuing under the provisions of thisChapter, and all revenue–rates in force at such commencement shall bedeemed to have been determined and introduced in accordance with the provisionsof this Chapter, and shall remain in force until the introduction of revisedrevenue–rates; and such revised revenue–rates may be introducedat any time, notwithstanding anything contained in section 37.
41.Power of deputy commissionerto correct errors, etc: (1) The powers and duties exercisable by the officers referred toin section 6 may also be exercised, during the term of settlement, by thedeputy commissioner or such other revenue officer as may be specified by theAdministrator for the purpose by notification in the Official Gazette.
(2) The deputy commissioner mayat any time during the term of settlement correct any error in the area or theassessment of any survey number or sub–division due to a mistake ofsurvey or arithmetical miscalculation;
Provided that no arrear of landrevenue shall become payable by reason of such correction.
42.Preparation of record ofrights: It shall be the duty of thesurvey officer to prepare a record of rights for each village showing the areaof each survey number and other particulars and any other record or register,in accordance with the rule made under this Act.
43.Publication of the record ofrights: (1) When a record of rights hasbeen prepared, the survey officer shall publish a draft of the record in suchmanner and for such period as may be prescribed and shall receive and considerany objections which any be made to any entry therein or to any omissiontherefrom during the period of such publication.
(2) When all objections havebeen considered and disposed of in accordance with the rules made in thisbehalf, the survey officer shall cause the record to be finally published inthe prescribed manner.
(3) Every entry in the recordof rights as finally published shall, until the contrary is proved, be presumedto be correct.
44.Jurisdiction of civilcourts: The civil courts shall havejurisdiction to decide any dispute to which the Government is not partyrelating to any right or entry which is recorded in the record of rights.
45.Correction of bona fidemistake in register: The survey officer may, on application made to him in this behalfor on his own motion, within one year form the date of final publication of therecord of rights, correct any entry in such record which he is satisfied hasbeen made owing to a bona file mistake.
46.Register of mutations: (1) There shall be maintainedfor every village a register of mutations in such form and in such manner asmay be prescribed.
(2) Any person acquiring bysuccession, survivorship, inheritance, partition, purchase, mortgage, gift orotherwise any right in land or, where such person acquiring the right is aminor or otherwise disqualified, his guardian or other person having charge ofhis property, shall report his acquisition of such right to the competentauthority within three months from the date of such acquisition and suchauthority shall give at once a written acknowledgement in the prescribed formfor such report to the person making it.
(3) The competent authorityshall enter the substance of every report made to it under sub–section(2) in the register of mutations and also make an entry therein respecting theacquisition of any right of the kind mentioned in sub–section (2) whichit has reason to believe to have taken place and of which a report has not beenmade under the said sub–section and, at the same time, shall post up acomplete copy of the entry in a conspicuous place in the villages and shallgive written intimation to all person appearing from the record of rights orthe register of mutations to be interested in the mutations and to any other personwhom it has reason to believe to be interested therein.
(4) Should any objection to anyentry made under sub–section (3) in the register of mutations be madeeither orally or in writing to the competent authority, the particulars shallbe entered in the registered of disputed cases and the competent authorityshall at once give a written acknowledgement in the prescribed form for theobjection to the person making it.
(5) The objections made undersub–section, (4) shall be decided on the basis of possession by thecompetent authority and orders disposing of objections entered in the registerof disputed cases shall be recorded in the register of mutations by thecompetent authority.
(6) After the entries in theregister of mutations have been tested and found correct, the entries shall betransferred to the record of rights and shall be certified by such officer asmay be prescribed in this behalf.
47.Penalty for neglect tofurnish information: The deputy commissioner may, if he is of opinion that any personhas wilfully neglected to make the report required by section 46 within theprescribed period, impose on such person a penalty not exceeding twenty–fiverupees.
48.Assistance in preparation ofmaps: Subject to the rules made underthis Act, –
(a) any revenue officer may,for the purpose of preparing or revising any map or plan required for or inconnection with any record or register under this Chapter, exercise any of thepowers of the survey officer under section 27 except the power of assessing thecost of hired labour; and
(b) any revenue officer notbelow the rank of sub–divisional officer may assess the cost of thepreparation or revision of such maps or plans and all expenses incidentalthereto and such costs and expenses shall be recoverable in the same manner asan arrear of land revenue.
49.Certified copies: Certified copies of entries inthe record right may be granted by such officers and on payment of such fee asmay be prescribed.
50.Maps and other records opento inspection: Subjectto such rules and on payment of such fees, if any, as may be prescribed, allmaps and land records shall be open to inspection by the public during officehours, and certified extracts therefrom or certified copies thereof may begiven to all persons applying for the same.
51.Power to transfer duty ofmaintaining maps and records to settlement officer: When a local area is undersettlement, the duty of maintaining the maps and records may, under the ordersof the Administrator, be transferred from the deputy commissioner to thesettlement officer.
BOUNDARIES AND BOUNDARY MARKS
52.Determination of villageboundaries: Theboundaries of villages, survey number, sub–divisions and fields shall befixed and all disputes relating thereto shall be determined by survey officersor by such other officers as may be appointed by the Administrator for thepurpose, in accordance with the rules made in this behalf.
53.Effect of settlement ofboundary: (1) The settlement of aboundary under this Chapter shall be determinative–
(a) of the proper position ofthe boundary line or boundary marks, and
(b) of the rights of thelandholders on either side of the boundary fixed in respect of the landadjudged to appertain, or not to appertain, to their respective holdings.
(2) Where a boundary has beenso fixed, the deputy commissioner may at any time summarily evict maylandholder who is wrongfully in possession of any land which has been adjudgedin the settlement of a boundary not to appertain to his holding or to theholding of any person through or under whom he claims.
54.Construction and repair ofboundary marks: It shallbe lawful for any survey officer authorised in this behalf to specify or causeto be constructed, laid out, maintained or repaired, boundary marks of villagesor survey numbers or subdivision and to assess all charges incurred thereby onthe holders or other having an interest therein.
55.Descriptions of boundarymarks: The boundary marks shall be ofsuch description and shall be constructed, laid out, maintained or repaired insuch manner and shall be of such dimensions ad materials as may, subject torules made under this Act, be determined by the deputy commissioner or otherofficer appointed for the purpose.
56.Responsibility for maintainingboundary marks: Everylandholder shall be responsible for the maintenance and good repair of theboundary marks of his holding and for any charge reasonably incurred on accountof the same by the revenue officers in case of alteration, removal ordisrepair. It shall be the duty of the village officers and servants to preventthe destruction or unauthorised alteration of the village boundary marks.
57.Deputy commissioner to havecharge of boundary marks: After the introduction of survey and settlement in a district, thecharge of the boundary marks shall devolve on the deputy commissioner and itshall be duty to take measures for their construction laying out, maintenanceand repair.
58.Penalty for injuringboundary marks: Anyperson wilfully erasing, removing or injuring a boundary mark shall be liableto such penalty not exceeding fifty rupees as the competent authority mayimpose.
REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS
59.Land revenue to be firstcharge: Land revenue assessed on anyland shall be the first charge on that land and on the crops, rents and profitsthereof.
60.Payment of land revenue: Land revenue shall be payableat such times, in such instalments, to such persons, and at such places, as maybe prescribed.
61.Arrear of land revenue: (1) Any instalment of landrevenue or part thereof which is not paid on the due date shall become anarrear of land revenue and the persons responsible for the payment becomedefaulters.
(2) A statement of accountcertified by the sub–deputy collector shall, for the purpose of thisChapter, be conclusive evidence of the existence of the arrear, of its amountand of the person who is the defaulter:
Provided that nothing in thissub–section shall prejudice the right of such person to make paymentunder protest and to question the correctness of the account in separateproceedings before this competent authority.
62.Recovery of arrears: An arrear of land revenue maybe recovered by any one or more of the following processes, namely: –
(a) by serving a written noticeof demand on the defaulter;
(b) by distraint and sale ofthe defaulter’s movable property, including the produce of the land;
(c) by the attachment and saleof the defaulter’s immovable property.
63.Notice of demand: The form and contents of thenotice of demand and the officers by whom such notices shall be issued shall besuch as may be prescribed.
64.Distraint and safe ofmovable property: (1) The distraint and sale of the movable property of a defaultershall be made by such officers or class of officers, in such manner and inaccordance with such procedure, as may be prescribed.
(2) Nothing in sub–section(1) shall be deemed to authorise the distraint or sale of any property which,under the Code of Civil Produce, 1908 (5 of 1908), is exempt from attachment orsale in execution of a decree or of any article set aside exclusively forreligious use.
65.Sale of immovable property: (1) When the deputycommissioner is of opinion that the processes referred to in clauses (a) of and(b) of section 62 are not sufficient for the recovery of an arrear, he may, inaddition to or instead of any of those processes, cause the land in respect ofwhich such arrear is due to be attached and sold in the prescribed manner.
(2) The deputy commissioner mayalso cause the right, title and interest of the defaulter in any otherimmovable property to be similarly attached and sold.
66.Notice of sale: (1) Before effecting the saleof any land or other immovable property under the provisions of this Chapter,the deputy commissioner or other officer empowered in this behalf shall issuesuch notices and proclamations, in such form, in such manner and proclamationsshall also be published in such manner as may be prescribed.
(2) A copy of every notice orproclamation issued under sub–section (1) shall be served on thedefaulter.
67.Sales to be by auction: All sales of property, movableor immovable, under this Chapter shall be by public auction held in accordancewith such rules as may be prescribed.
68.Prohibition to bid atauction: No officer having any duty toperform in connection with any such sale and no person employed by orsubordinate to such officer shall, either directly or indirectly, bid for oracquire any property except on behalf of the Government.
69.Sale of perishables: Perishable articles shall besold by auction with the least possible delay and such sale shall be finallyconcluded by the officer conducting the sale.
70.Sales not to be excessive: Every sale of property,movable or immovable, under the provisions of this Chapter shall, as far as maybe practicable, be proportionate to the amount of the arrear of land revenue tobe recovered together with the interest thereon and the expenses of attachmentand sale.
71.Deposit by purchaser ofimmovable property: In all cases of immovable property, the party who is declared tobe the purchaser shall be required to deposit immediately 25 percent of theamount of his bid, and the balance within fifteen days of the date of sale.
72.Failure to make deposit: (1) In default of the paymentof deposit referred to in section 71, the property shall be put up for re–saleand the expenses incurred in connection with the first sale shall be borne bythe defaulting bidder.
(2) In default of payment ofthe balance of the bid amount within the period prescribed in section 71, thedeposit after defraying therefrom the expenses of the sale shall be forfeitedto the Government and the property shall be re–sold.
(3) Where the proceeds of there–sale are less than the price bid by such defaulting purchaser, thedifference shall also be recoverable from him in the same manner as an arrearof land revenue.
73.Setting aside sale: Where immovable property hadbeen sold under this Chapter, the defaulter, or any person owning such propertyor holding and interest therein, may, at any time, within thirty days of thedate of sale or within such further period not exceeding thirty days as thedeputy commissioner may for sufficient cause allow, apply in the prescribedmanner to the deputy commissioner to have the sale set aside–
(a) on the ground of somematerial irregularity or mistake or fraud resulting in substantial loss orinjury to hi, or
(b) on his depositing in thedeputy commissioner’s office the amount of the arrear specified in theproclamation of sale, the cost of the sale and for payment to the purchaser asum equal to five percent of the purchase money.
74.Confirmation of sale: If, on the expiration of 30days from the date of sale of any immovable property or of the further period,if any, allowed under section 73, no application has been made for settingaside the sale, or if any such application has been made and rejected, thedeputy commissioner shall make an order confirming the sale unless, for reasonsstanding that no application therefor has been made.
75.Refunds: (1) The deputy commissionershall order the refund and payment to the purchaser, of–
(a) the amounts deposited byhim under section 71; and
(b) the sum equal to 5 percentof the purchase money deposited under clause (b) of section 73;
if the sale is not confirmed oris set aside.
(2) The deputy commissionershall order the refund any payment of all the monies deposited under clause (b)of section 73 to the person who made the deposit, if the sale is confirmed;
Provided the deputycommissioner may set off the whole or any part of any such monies against anyarrear of land revenue or any other amount recoverable as an arrear of landrevenue, which may be outstanding against the person who made the deposit.
76.Certificate of purchase: When a sale held under thisChapter is confirmed, the deputy commissioner shall put the person declared tobe the purchaser in possession of the property and shall grant him a certificatein the prescribed form to the effect that he has purchased the propertyspecified therein, and such certificate shall be deemed to be a valid transferof such property.
77.Application of proceeds ofsale: The Proceeds of the sale ofany property under this Chapter shall be applied in defraying the expenses ofthe sale which shall be determined in the prescribed manner and the balanceshall be applied to the payment of the arrears on account of which the sale washelp and the surplus, if any, shall be paid to the person whose property hasbeen sold.
78.Liability of certifiedpurchaser: The person who has purchasedany land and to whom a certificate of purchase has been granted shall not beliable for the land revenue in respect of the land for any period prior to thedare of the sale.
79.Precautionary measures incertain cases: When thecrop of any land or any portion of the same is sold, mortgaged or otherwisedisposed of, the deputy commissioner may, if he thinks it necessary, preventits being removed from the land until the demand for the current year inrespect of the said land is paid, whether the date fixed for the payment of thesame has arrived or not.
80.Recovery of other publicdemands: The following monies may berecovered under this Act in the same manner as an arrear of land revenue,namely: –
(a) rent fees and royalties dueto the Government for use or occupation of land or water or any product ofland;
(b) all monies falling due tothe Government under any grant, lease or contract which provides that theyshall be recoverable as an arrear of land revenue;
(c) all sums declared by thisAct or any other law for the time being in force to be recoverable as an arrearof land revenue
PROCEDURE OF REVENUE OFFICERS – APPEALS AND REVISIONS
81.Revenue officers to becounts: (1) A revenue officer, whileexercising power under this Act or any other law for the time being in force toinquire into or to decide any question arising for determination between theGovernment and any person or between parties to any proceedings, shell be arevenue court.
(2) Nothing in the Act shall bedeemed to limit or otherwise affect the inherent power of the revenue court tomake such orders as may be necessary for the ends if justice or to prevent theabuse of the process of the revenue court.
82.Place of hearing: Expect for reasons to berecorded in writing, no revenue officer shall inquire into or hear any case atany place outside the local limits of his jurisdiction:
Provided that a sub–divisionalofficer may inquire into or hear any case at the headquarters of the districtto which he is appointed.
83.Power to enter upon andsurvey land: Allrevenue officers and persons acting under their orders may, enter upon andsurvey any land and demarcate boundaries and do all other acts necessary forthe purpose of discharging their duties under this Act or any other law for thetime being in force and in so doing, shall cause no more damage than thecircumstances of the case may require.
84.Power to transfer cases: (1) The Administrator maytransfer any case or class of cases arising under this Act or any other law forthe time being in force from any revenue officer to any other revenue officercompetent to deal with it.
(2) The deputy commissioner or asub–divisional officer may transfer any cases for class of cases arisingunder this Act or any other law for the time being in force for inquiry ordecision from his own file or from the file of any revenue officer subordinateto him to the file of any other revenue officer subordinate to him competent todeal with such case or class of cases.
85.Power to take evidence,summon witness, etc: (1) Every revenue officer not lower in rank than a sub–deputycollector acting as a revenue court shall have power to take evidence and tosummon any person whose attendance he considers necessary either as a party oras a witness or to produce any document, for the purpose of any inquiry whichsuch officer is legally empowered to make; and all persons so summoned shall bebound to attend either in person or by an authorised agent as such officer maydirect and to produce such documents as may be required.
(2) Every summons shall be inwriting, signed and sealed by the officer issuing it and shall be in such formand be served in such manner as may be prescribed.
86.Compelling attendance ofwitnesses: If anyperson on whom a summons to attend as witness or to produce any document hasbeen served fails to comply with the summons, the officer by whom the summonshas been issued under section 85 may–
(a) issue a bailable warrant ofarrest;
(b) order him to furnishsecurity for appearance; or
(c) impose upon him a fine notexceeding rupees twenty
87.Hearing in absence of party:(1) If, on the date fixed forhearing a case or proceeding, a revenue officer finds that a summons or noticewas not served on any party due to the failure of the opposite party to pay therequisite process fees for such service, the case or proceeding may bedismissed for default of payment of such process fees.
(2) If any party to a case orproceeding before a revenue officer does not appear on the date fixed forbearing, the case or proceeding may be heard and determined in his absence ormay be dismissed for default.
(3) The party against whom anyorder is passed under sub–section (1) or (2) may apply, within thirtydays form the date of such order, to have it set aside n the ground that he wasprevented by sufficient cause from paying the requisite process fees or fromappearing at the hearing; and the revenue officer may after notice to theopposite party and after making such inquiry as he considers necessary setaside the order passed.
88.Adjournment of hearing: (1) A revenue officer may, fromtime to time for reasons to be recorded adjourn the hearing of a case orproceeding before him.
(2) The date and place of anadjourned hearing shall be intimated at the time of the adjournment to such ofthe parties and witnesses as are present.
89.Power to order payment ofcosts: A revenue officer may directthe parties to pay the cost incurred in any case before him and also apportionthe cost amount the parties in such manner and to such extent as he may thinkfit.
90.Use of force: Where any order is passedunder the provisions of this Act directing any person to deliver possession ofland or directing the eviction of any person from land, such order shall beexecuted by the competent authority in such manner as may be prescribed and itshall be lawful for such authority, in accordance with rules to be prescribed,to take such steps and use or cause to be used such force as may be reasonablynecessary for securing compliance with the order.
91.Appearances before andapplications to revenue officer: All appearances before, applications to and acts to be donebefore, any revenue officer under this Act or any other law for the time beingin fore may be made or done by the parties themselves or by their authorisedagents or by any legal practitioner;
Provided that any suchappearance shall, if the revenue officer so directs, be made by the party inperson.
92.Correction of error oromission: Any revenue officer by whom anorder was passed in a case or proceeding may, either on his own motion or onthe application of a party, correct or omission not affecting a material partof the case or proceeding after such notice to the parties as he may considernecessary.
93.Appeals: (1) Save as otherwise expresslyprovided, an appeal shall lie from every original order passed under this Act;–
(a) if such an order is passedby an officer subordinate to the sub–divisional officer, to the sub–divisionalofficer,
(b) if such an order is passedby the sub–divisional officer, to the deputy commissioner;
(c) if such an order is passedby the deputy commissioner, to the Administrator;
(d) if such an order is passedby an assistant survey and settlement officer, to the survey and settlementofficer or to a revenue officer notified by the Administrator in the OfficialGazette to be the appellate authority; and
(e) if such an order is passedby a survey and settlement officer, to the director of settlement and landrecords or to a revenue officer notified by the Administrator in the OfficialGazette to be the appellate authority.
(2) A second appeal shall lieagainst any order passed in first appeal, –
(a) if such an order is passedunder clause (a) of sub–section (1), to the deputy commissioner;
(b) if such an order is passedunder clause (b) of sub–section (1), to the director of settlement andland records or to a revenue officer notified by the Administrator in theOfficer Gazette to be the second appellate authority; and
(c) if such an order is passedunder clause (e) or sub–section (1), to the Administrator.
94.Limitation of appeals: (1) No appeal shall lie: –
(a) in the case of a firstappeal, after the expiry of thirty days from the date of the order appealedagainst; and
(b) in the case of a secondappeal, after the expiry of sixty days from the date of the order appealedagainst.
(2) In computing the aboveperiods, the time required to obtain copies of the order appealed against shallbe excluded.
95.Revision: The Administrator or the deputycommissioner may, at any time, either or his own motion or on the applicationof any party, call for the records of any proceedings before any revenueofficer subordinate to him for the purpose of satisfying himself as to thelegality or the propriety of any order passed by such revenue officer, and maypass such order in reference thereto as he thinks fit;
Provided that he shall not varyor reverse any order affecting any right between private persons without givento the parties interested notice to appear and be heard.
96.:(1) A revenue officer may,either on his own motion or on the application of any party interested, reviewany order passed by him–self or by any of his predecessors–in–officeand pass such order in reference thereto as he thinks fit;
Provided that a revenue officersubordinate to the deputy commissioner shall, before reviewing any order underthis section, obtain the permission of the deputy commissioner and the deputycommissioner shall, before reviewing an order passed by any of his predecessors–in–office,obtain the permission of the Administrator.
(2) No order affecting anyquestion of right between private persons shall be reviewed except on theapplication of a party to the proceedings or except after notice to the otherparty, and no application for the review of such order shall be entertainedunless it is made within ninety days from the date of the order.
(3) No order shall be reviewedexcept on the following grounds, namely;–
(i) discovery of new andimportant matter of evidence; or
(ii) some mistake or errorapparent on the face of the record; or
(iii) any other sufficientreason.
(4) For the purpose of thissection, the deputy commissioner shall be deemed to be the successor–in–officeon any revenue officer who has left the district or who has ceased to exercisepowers as a revenue officer and to whom there is no successor in the district.
(5) An order which has beendealt with in appeal or on revision shall not be reviewed by any officersubordinate to the appellate or revisional authority.
97.Stay execution of orders: (1) A revenue officer who haspassed any order or his successor–in–office may, at time beforethe expiry of the period prescribed for appeal, direct the stay of execution ofsuch order for such period as he thinks fit provided that no appeal has beenfiled.
(2) Any authority before whom acase is pending in appeal or revision may direct the stay of execution of theorder appealed from or under revision for such period as it may think fit.
(3) The revenue officer orother authority directing such stay of execution of any order may impose suchcondition, or order such security to be furnished, as he or it may think fit.
98.Power to make rules: (1) The Administrator may, bynotification in the Official Gazette, make rules for carrying out the purposesof this Part.
(2) In particular, and withoutprejudice to the generality of the foregoing power such rules may provide for–
(a) the manner of appointmentof revenue officers, survey officers and settlement officers, and other villageofficers and servants, their powers and duties, the official seals, if any, tobe used by them and the size and description of the seals;
(b) the deputy commissioner’spowers of superintendence and control over other officers;
(c) the officers who shouldhear and decide disputes regarding rights in or over any property claimed by oragainst the Government and the procedure to be followed by them;
(d) the disposal of Governmentlands by assignment or grant to individuals or to public purposes and the termsand conditions subject to which such assignments or grants may be made;
(e) the preservation anddisposal of trees, brush wood jungle and other natural products on Governmentland and the recovery of the value of trees or other natural productunauthorisedly appropriated by persons;
(f) the procedure for summaryeviction of trespassers on Government land;
(g) the alteration and revisionof the land revenue in cases of alluvion or diluvion or of diversion of landfor purposes other than agriculture;
(h) the grant of permission touse agricultural land for non–agricultural purposes;
(i) the determination ofadditional rates for use of water;
(j) the circumstances in whichremission or suspension of revenue may be made and the rate of such remissionor suspension;
(k) the form of receipt forpayment of land revenue;
(l) the conduct of surveys andsettlements of land revenue;
(m) the manner of estimatingthe cost of cultivation and other expenses in relation to the inquiry intoprofits of agriculture;
(n) the division of surveynumbers into sub–divisions and the assessment of sub–divisions;
(o) the statistical, fiscal andother records and registers to be prepared and maintained under this Part;
(p) the manner in which thecosts and expenses incidental to revenue survey or the construction, repair andmaintenance of boundary marks shall be determined and apportioned betweenpersons who are liable to bear the same;
(q) the fixing construction,laying out, maintenance and repair of boundary marks, and the settlement ofdisputes relating thereto;
(r) the division of areas intounits for determining the revenue–rates and the preparation of the tableof revenue–rates.
(s) the preparation and thepreliminary and final publication of the record of rights and the table ofrevenue–rates;
(t) the hearing and disposal ofobjections to any entry or omission in the table of revenue–rates, therecord of rights and the register of mutations;
(u) the manner and extent ofalteration or revision of revenue–rates during the term of settlement;
(v) the correction of bona fideerrors and mistakes in the revenue records, registers and maps prepared underthis Part;
(w) the manner in which theaverage yield of crops of land shall be ascertained;
(x) the manner of holdinginquiries by revenue officers under this Part;
(y) the application of theprovisions of the Code of Civil Procedure, 1908(5 of 1908), to cases andproceedings before a revenue court;
(z) the form of summons andother processes, notices, orders and proclamations to be issued or made byrevenue officers and the manner of their service;
(aa) the procedure for theattachment and sale of property and the confirmation and the setting aside ofsales of immovable property under Chapter VII;
(bb) the manner of publicationof notices and proclamations of attachment and sale of property;
(cc) the manner in which thecost and expenses incidental to the attachment and sale of property shall bedetermined;
(dd) the manner of payment ofdeposit and of the purchase money of property sold for arrears of land revenue;
(ee) the circumstances in whichprecautionary measures for securing the land revenue under section 79 may betaken;
(ff) the procedure for thetransfer of cases from one revenue officer to another;
(gg) the manner of preferringappeals or applications for revision or review, the documents to accompany thefrom or and of appeal or such application and the fee, if any, leviabletherefor;
(hh) the grant of certifiedcopies and the payment of fees for inspection and grant of certified copies ofrevenue records and registers;
(ii) the made of execution ofnay orders directing any person to deliver possession of land or to be evictedform land, including the use of force for securing compliance with such order;
(jj) any other matter that isto be or may be prescribed.
RIGHTS OF LANDOWNERS
99.Accrual of rights oflandowners: (1) Everyperson who, at the commencement of this Act, holds any land from the Governmentfor agricultural purposes, whether as a settlement–holder or as apattadar and his successors–in0–interest shall, subject to theprovisions of sub–section (2), become the owner thereof as and from suchcommencement.
(2) No rights shall accrueunder sub–section (1) in respect of lands which–
(i) are a part of the bed of ariver, a nallah, a stream or a public tank, or
(ii) have been acquired by theGovernment for any purpose according to the provisions of any law in force forthe time being relating to acquisition of land, or
(iii) have been used at anytime during the five years immediately preceding the commencement of this Actfor any public, community or village purpose, or
(iv) are declared by theAdministrator by notification in the Official Gazette as reserved or requiredfor any public, community or village purpose.
(3) Objections to the accrual ofrights under sub–section (1) may be filed before the competent authoritywithin such time and in such form and manner as may be prescribed by any personwho has interest or claims to have an interest in the land either in hisindividual capacity or as a member of the village or community.
(4) Should any objection bemade under sub–section (3), the competent authority shall inquire intothe objection in such manner as may be prescribed and decide the same.
(5) Subject to the provisionsof this Act, the decision of the competent authority shall be final.
(6) Every person who, at thecommencement of this Act holds land from the Government for a purpose otherthan agriculture shall, subject to sub–section (2), be entitled to thesettlement of that land on such terms and conditions as may be prescribed.
(7) Nothing in this sectionshall entitle any person to the sub–soil rights in respect of the land,of which he has become the landowner under sub–section (1), or which hasbeen settled with him under sub–section (6).
100.Rights of landowners: (1) Every person who has becomea landowner under sub–section (1) of section 99 shall–
(a) have permanent, heritableand transferable rights on the land;
(b) be entitled by himself, hisservants, tenants, agents or other representatives to erect farm buildings,construct wells or tanks or make any other improvements thereon for the bettercultivation of the land or its convenient use;
(c) be entitled to plant treeson the land, to enjoy the products thereof and to fell, utilise or dispose ofthe timber of any trees on the land.
(2) Nothing in sub–section(1) shall entitle a landowner to use his land to the detriment of any adjoiningland which is not his or in contravention of the provisions of any other lawfor the time being in force applicable to such land.
101.Reservation of land forpersonal cultivation: (1)Every landowner who, at the commencement of this Act, owns landin excess of a basic holding shall be entitled to apply to the competentauthority for the reservation for his personal cultivation of any parcel orparcels of his land leased to tenants.
(2) Every application under sub–section(1) shall be in the prescribed form and shall be made in the prescribed mannerwithin a period of one year from such commencement.
Explanation: In the caseof a person under disability, the application shall be made by his guardian orhis authorised agent, as the case may be.
102.Procedure for reservationof land: (1) On receipt of anapplication made under section 101, the competent authority shall issue noticetogether with a copy of the application to each of the tenants holding landfrom the applicant requiring the tenant to submit his objections, if any,within a period of ninety days from the date of service of such notice orwithin a period of ninety days from the date of service of such notice orwithin such further period as the competent authority any allow.
(2) A tenant on whom a noticehas been served under sub–section (1) furnish to the competent authoritywithin the period specified details of lands owned by him or held as tenant ofany other landowner and of lands which he selects for retention by him.
(3) The competent authorityshall, after considering the objections and the details, if any furnished bythe tenants and after making such inquiry as it may consider necessary,determine the land or lands not exceeding the permissible limit, which in itsopinion having regard to all the circumstances of the case may be reserved forpersonal cultivation of the landowner and the lands which each of his tenantsmay be allowed to retain.
103.Permissible limit defined: (1) In section 102,"permissible limit" means an area of land which a landowner mayresume from tenants for personal cultivation that is to say, –
(a) in the case of a personunder disability 25 acres
(b) in the case of any otherperson who–
(i) owns a basic holding orless, the entire area owned by him;
(ii) owns more than a basicholding but not exceeding a family holding, one half of the area leased totenants or the area by which the land under his personal cultivation fallsshort of a basic holding, whichever is greater;
(iii) owns more than a familyholding–
(1) if he has no land, or anyland which is less than a family holding under his personal cultivation, one–halfarea leased to the tenant but not exceeding the area by which land under hispersonal cultivation falls short of a family holding, provided that the tenantis left with not less than basic holding and provided further that a landownershall in any case by entitled to resume an area by which land under hispersonal cultivation falls short of a basic holding; and
(2) if he has family holding ormore under his personal cultivation, the area leased to any tenant in excess ofa family holding but not exceeding the area by which land in his personalcultivation falls short of 25 acres.
Explanation: For thepurpose of determining the permissible limit of a landowner under this sub–section,any non–resumable land which he may hold as a tenant shall also be takeninto account.
(2) Any transfer of land madeon or after the 6th day of March, 1956 shall be disregarded in computing thepermissible limit.
104.Land deemed to be reservedfor personal cultivation in certain case: In the case of a person who, at the commencement ofthis Act, does not own land in excess of a basic holding, all lands owned byhim and held by tenants shall be deemed to have been reserved for his personalcultivation.
Explanation: Anytransfer of land made on or after the 6th Day of March 1956, shall bedisregarded in determining the extent of land owned by a person at thecommencement of this Act.
105.Non-resumable land: The competent authority shalldeclare every land which, under sub–section (3) of section 102, a tenantis allowed to retain to be the non–resumable land of the tenant.
106.Right to loose: (1) Subject to the provisionsof this Act, a landowner may lease out his land to another person on such rentnot exceeding the maximum rent referred to in section 112 as may be agreed uponbetween him and such person.
(2) Every lease of land madeafter the commencement of this Act shall be for a period of five years and atthe end of the said period, and thereafter at the end of each period of fiveyears, the tenancy shall, subject to the provisions of sub–section (3)be deemed to be renewed for a further period of five years on the same termsand conditions, except to the extent that a modification thereof consistentwith this Act is agreed to by both parties.
(3) In respect of any leasemade after the commencement of this Act, a landowner who is a member of theArmed ‘Forces of the Union, on his discharge from service or posting to thereserve, may by giving the tenant three months, notice in writing before the expiryof any year, and any other landowner may by giving the tenant one year0s noticein writing before the expiry of any term of five years, terminate the tenancyif the landowner requires the land bona fide for personal cultivation by him.
107.Land left un-cultivated: (1) Where the dutycommissioner is satisfied that any land has remained uncultivated for a periodnot less than two consecutive years otherwise than in accordance with rulesmade in this behalf under this Act and that it is necessary for the purpose ofensuring the full and efficient use of the land for agriculture to do so, hemay after making such inquiry as may be prescribed lease out the land inaccordance with the rules made under this Act.
(2) Any lease made under sub–section(1) shall be deemed to be a lease made by the landowner under sub–section(1) of section 106.
108.Relinquishment: (1) Subject to any rules thatmay be made under this Act, a landowner may relinquish his rights in respect ofany land in this possession in favour of Government by giving a notice inwriting to the competent authority in such form and manner as may beprescribed, not less than three months before the close of any year andthereupon, he shall cease to be a landowner in respect of that land from the yearnext following the date of notice:
Provided that relinquishment ofonly a part of a holding or of a holding which, or part of which, is subject toan encumbrance or a charge, shall not be valid.
(2) If any person relinquisheshis rights to a land under sub–section (1), the way to which liesthrough other land retained by him any future holder of the land relinquishedshall be entitled to a right of way through the land retained.
RIGHTS OF TENANTS
109.Interest of tenants: (1) The interest of a tenant inany land held by him as such shall be heritable but, save as otherwise providedin this Act, shall not be transferable.
(2) No tenant shall be evictedfrom his land except a provided in this Act.
110.Right to create a mortgageor charge: It shallbe lawful for a tenant to create a simple mortgage or create a charge on hisinterest in the land leased to him in favour of the Government or a co–operativesociety in consideration of any loan advanced to him by the Government or suchsociety; and in the event of his making default in the repayment of such loanin accordance with its terms, it shall be lawful for the Government or thesociety, as the case may be, to cause his interest in the land to be attachedand sold and the proceeds applied in payment of such loan.
111.Right to make improvements:A tenant may, with thepermission in writing of the land–owner, or if permission is refusedwithout sufficient reason or not given within two months after obtaining theorder of the competent authority in the prescribed manner, made at his ownexpense any improvement to the land held by him but shall not become liable topay higher rate of rent on account of any increase of production or of anychange in the nature of the crop raised, as a consequence of such improvement.
112.Maximum rent: The rent payable by a tenant inrespect of any land held by him shall not exceed, –
(a) where the rent is payablein kind as a share of the produce, one–fourth of the produce of suchland or its value estimated in the prescribed manner if plough cattle for thecultivation of such land is supplied by the landowner and one–fifth ofsuch produce or its value as so estimated if plough cattle is not supplied bythe landowner;
(b) in any other case, fourtimes the land revenue payable in respect of the land.
113.Payment of rent: (1) The rent payable by atenant shall, subject to the provisions of section 112, be the rent agreed uponbetween him and the landowner of where there is no such agreement, thereasonable rent.
(2) The rent shall be paid atsuch times and in such manner as may have been agreed upon or in the absence ofsuch agreement, as may be prescribed.
114.Reasonable rent: (1) The competent authoritymay, on application made to it in this behalf by the landowner or the tenant,determine the reasonable rent for any land.
(2) The form of applicationunder sub–section (1) and the procedure to be followed by the competentauthority shall be such as may be prescribed.
(3) In determining thereasonable rent, the competent authority shall have regard to –
(a) the rental value of landsused for similar purposes in the locality;
(b) the profits of agricultureof similar lands in the locality.
(c) the price of crops andcommodities in the locality;
(d) the improvements, if any,made to the land by the landowner or the tenant;
(e) the land revenue payable inrespect of the land; and
(f) any other factor which maybe prescribed.
(4) Where the reasonable rentfor any land has been determined under this section, it shall not be alteredfor a period of five year except on any of the following grounds, namely: –
(a) that the quality of theland has deteriorated by flood or other natural causes;
(b) that there has been anincrease in the produce of the land on account of improvements made to it atthe expense of the landowner;
(c) that the land has beenpartially or wholly rendered unfit for cultivation.
(5) Nothing in sub–sections(1) to (4) shall after the right of the Government to make an order directingthe determination of the reasonable rent of lands in any specified area.
115.Commutation of rent payablein kind: (1) In any case in which rentis payable in kind, the landowner or the tenant may apply in writing to thecompetent authority in the prescribed form and manner, for commuting the rentinto money rent.
(2) On receipt of suchapplication, the competent authority shall, giving notice to the other party,determine the money rent payable for the land in accordance with the followingprovisions but not exceeding the maximum rent specified in section 112.
(3) In determining the moneyrent, regard shall be had to–
(a) the average money rentpayable by tenants for land of similar description and with similar advantagesin the vicinity;
(b) the average value of therent actually received by the landowner during the three years preceding thedate of application;
(c) the average prices of cropsand commodities in the locality during the three years preceding the date ofapplication;
(d) the improvements, if any,made to the land by the landowner or the tenant; and
(e) any other factor which maybe prescribed.
116.Receipt for payment ofrent: Every landowner shall give orcause to be given a receipt for the rent received by him or on his behalf insuch form as may be prescribed duly signed by him or his authorised agent.
117.Refund of rent recovered inexcess: If any landowner recovers froma tenant rent in excess of the account due under this Act, he shall forthwithrefund the excess amount so recovered and shall also be liable to punishment asprovided in this Act.
118.Suspension of remission ofrent: (1) Where a landowner hasobtained from or been granted by the Government any relief by way of suspensionor remission, whether in whole or in part, of the land revenue payable inrespect of his land, he shall be bound to give and the tenant concerned shallbe entitled to receive from the landowner a corresponding or proportionaterelief by way of suspension or remission of rent payable in respect of suchland.
(2) The nature and extent ofthe relief which a landowner is bound to give and which the tenant is entitledto receive under sub–section (1) shall be determined in accordance withthe rules made under this Act.
(3) No suit shall lie and nodecree of a civil court shall be executed for the recovery by a landowner ofany rent the payment of which has been remitted, or during the period for whichthe payment of such rent has been suspended, under this section.
(4) The period during which thepayment of rent is suspended under the section shall be excluded in computingthe period of limitation prescribed for any suit or proceeding for the recoveryof such rent.
(5) If any landowner fails tosuspend or remit the payment of rent as provided in sub–section, (1), heshall be liable to refund to the tenant the amount recovered by him incontravention of the provisions of this section and shall also be liable topunishment as provided in this Act.
119.Eviction of tenant: (1) No person shall be evictedfrom any and land held by him as tenant except under the order of the competentauthority made on any of the following grounds, namely;–
(a) that the land has beenreserved for personal cultivation of the landowner under section 102, or isdeemed to have been reserved for personal cultivation of the landowner undersection 104;
(b) that a notice has beengiven to the tenant under sub–section (3) of section 106;
(c) that the tenant hasintentionally and wilfully committed such acts of waste as are calculated toimpair materially or permanently the value or utility of the land foragricultural purposes;
(d) that the tenant has failedto pay rent within a period of three months after it falls due:
Provided that the competentauthority may, if it thinks fit, grant further time not exceeding six monthsfor payment of the rent;
(e) that the tenant, not beinga person under disability has after the commencement of this Act, sub–letthe land without the consent in writing of the landowner.
(2) No order for eviction of atenant shall be executed till the standing crops, if any, on the land areharvested.
(3) Where any order foreviction has been made against a tenant on the ground specified in clause (a)of sub–section (1), then, notwithstanding such order, the tenant shall,until he is provided with alternative land in accordance with the rules made inthis behalf, be entitled to retain possession of–
(i) the entire land held by himas a tenant, in any case where the area of tenancy together with any other landheld by him does not exceed 1.25 acres in area; and
(ii) so much of the land heldby him as a tenant as together with any other land held by him does not exceedthe limit of 1.25 acres in area, in any case where the area of the tenancytogether with the other land held by him exceeds the said limit:
Provided that nothing in thissub–section shall apply to a tenant who holds land under any person whois a member of the Armed Forces of the Union.
(4) Where any land has beenreserved for the personal cultivation of a landowner by an order made under sub–section(3) of section 102, no suit or application for the eviction of the tenant inrespect of such land under clause (a) of sub–section (1) shall lie afterthe expiry of five years from the commencement of this Act or one year from thedate of the said order, whichever is later:
Provided that where any suchlandowner is a person under disability, such suit or application may beinstituted or made within a period of five years from the date when thedisability ceases.
Explanation: For thepurposes of this sub–section, the disability of a person shall cease–
(a) in the case of the a widow,if she remarries, on the date of her remarriage or if any person succeeds tothe widow on her death, on the date of her death;
(b) in the case of a minor, onthe date of his attaining majority;
(c) in the case of a woman whois unmarried or who is divorced or judicially separated from her husband, onthe date or her marriage or remarriage, as the case may be, or in the case of awoman whose husband is a person falling under clause (d) or (e), on the date onwhich the disability of the husband ceases;
(d) in the case of a person whois a member of the Armed Forces of the Union, on the date of his discharge fromservice or of his posting to the reserve;
(e) in the case of a personsuffering from a physical or mental disability, on the date on which thedisability ceases to exist.
120.Restoration of possessionof land to tenant: Where a person who has taken possession of any land by evicting atenant therefrom on the ground that the land had been reserved for personalcultivation by him fails to cultivate such land personally within one year fromthe date on which he took possession thereof or ceases to cultivate such landpersonally in any year during a period of four to possession of the land fromwhich he was evicted.
Explanation: For thepurpose of this section, land shall not be deemed to be under the personalcultivation of a person (not being a person under disability) unless suchperson or a member of his family engages himself in the principal agriculturaloperations.
121.Certain lands to benon-resumable land of tenant: If a land fails to–
(a) apply for reservation ofany land within the period prescribed in section 101, and the land is notdeemed to have been reserved under section 104, or
(b) file a suit or applicationfor the eviction of the tenant from any land reserved under section 102 withinthe period prescribed in sub–section (4) of section 119, or
(c) cultivate or ceases tocultivate the land and the tenant is restored to possession of the land undersection 120,
the competent authority may suomotu and shall, on application, after making such inquiry as may be prescribeddeclare the land to be the non–resumable land of the tenant.
122.Compensation forimprovements: (1) Atenant who has made any improvement at his own expense on the land leased tohim shall, if he is to be evicted under the provisions of this Chapter, beentitled to receive compensation before he is so evicted for such improvementas in the opinion of the competent authority, is reasonable
(2) The compensation payable toa tenant under sub–section (1) shall be determined in accordance withthe value of such improvements on the date of eviction, and in determining suchcompensation, regard shall be had to the following matters, namely: –
(a) the amount by which thevalue of the land has increased by reason of the improvement;
(b) the condition of theimprovement at the date of the determination of the value thereof and theprobable duration of its effect;
(c) the labour and capitalinvolved in the making of the improvement; and
(d) the advantages secured bythe tenant in consideration of the improvement made by him.
(3) In any case in which compensationis payable to a tenant under this section, the competent authority may directthat–
(a) the whole or any part ofany loan which the tenant has taken on the security of his interest in the landunder section 110 and which is outstanding shall be deducted from suchcompensation and paid to the Government or the co–operative society, asthe case may be;
(b) any arrear of rent due bythe tenant to the landowner and the costs, if any, awarded to the landownershall be adjusted against the compensation.
123.Tenant may removebuildings, works etc., not deemed improvements: A tenant against whom an order of eviction has beenpassed, shall be entitled to remove within such time as is deemed reasonable bythe competent authority any work of improvement which can be severed from theland and which the tenant desires to remove, or any building or construction orwork (which is not an improvement) in respect of which the landowner is notwilling to pay the compensation.
124.Restoration of possessionof land in certain other cases: (1) Where as tenant of any land has, not or after the 6th day ofMarch, 1956, surrendered, or been evicted from, such land, and the surrender oreviction could not have taken place if this Act had been in force on the dateof such surrender or eviction, the competent authority may, suo motu or onapplication made by the tenant, restore him to possession of the land which hesurrendered or from which he was evicted unless some other tenant not being amember of the landowner’s family, had bona fide been admitted to possession ofsuch land.
(2) The competent authorityshall, before making an order under sub–section (1), make such inquiryas may be prescribed.
125.Relief against terminationof tenancy for act of waste: Where a tenancy is sought to be terminated on the ground that thetenant has materially impaired the value or utility of the land foragricultural purposes, if the damage to the land admits of being repaired or ifpecuniary compensation would afford adequate relief, no proceeding for evictionshall lie against the tenant unless and until the landowner has served on thetenant a notice in writing specifying the damage complained of and the tenanthas failed within a period of one year from the service of such notice to repairthe damage or to pay compensation therefor.
126.Surrender of land bytenant: (1) After the commencement ofthis Act, no tenant shall surrender any land held by him as such, and notlandowner shall enter upon the land surrendered by the tenant, without theprevious permission in writing of the competent authority.
(2) Such permission shall begranted if, after making such inquiry as may be prescribed, the competentauthority is satisfied that the proposed surrender is bona fide and in case thesurrender is by a person who was holding the land as tenant immediately beforethe commencement of this Act, the permissible limit of the landowner concernedis not exceeded by such surrender; in other cases, the permission shall berefused.
(3) Where permission is refusedin any case, and the tenant gives a declaration in writing relinquishing hisrights in the land, the competent authority shall, in accordance with the rulesmade in this behalf, lease out the land to any other person who shall acquireall the rights of the tenant who relinquished his rights.
127.Transfer of ownership ofland to tenant: Subjectto the other provisions of this Act, the ownership of any land which isdeclared to be the non–resumable land of tenant under section 105 orsection 121 shall stand transferred from the landowner thereof to the tenantwith effect from the date of such declaration, and the tenant shall become theowner of such land and be liable to pay land revenue therefor:
Provided that where, on anapplication made in this behalf by any person at any time before thedeclaration is made under section 105 or under section 121, the competentauthority is satisfied that such person holds land not exceeding a familyholding whether as a landowner or otherwise, and that his income is derivedmainly from such land, the competent authority may by, order, provide that thetransfer of ownership of the land shall take effect on the expiry of a periodof five years from the date of such declaration.
128.Compensation of land owner:(1) In respect of every landthe ownership of which stands transferred to the tenant under section 127, thelandowner shall be entitled to compensation which shall consist of theaggregate of the following amounts, that is to say, –
(a) an amount equal to thirtytimes the full land revenue payable for the land or, if the land is heldrevenue–free or at a concessional rate, thirty times the amount of landrevenue payable for similar lands in the locality;
(b) the value of trees, if any,planted by the landowner.
Explanation: Where anyimprovement has been made on the land at the expense of the landowner at anytime subsequent to the last settlement, the land revenue for the purpose ofthis section shall be the land revenue payable for similar lands in the locality.
(2) The land revenue payablefor similar lands in the locality and the value of trees referred to in sub–section(1) shall be determined in the prescribed manner.
(3) Every landowner entitled tocompensation under this section shall, within a period of six months from thedate of the declaration referred to in section 127, apply to the competentauthority in the prescribed manner for determining the compensation.
129.Payment of compensation toland owner: (1) Thecompensation to which a landowner is entitled under section 128 shall be paidto him by the Government in the first instance, and it may be paid in cash, inlump sum or in annual instalments not exceeding ten or in the form of bondswhich may be negotiable or non–negotiable but transferable.
(2) From the date of thedeclaration referred to in section 127, the landowner shall be entitled tointerest at the rate of 2 12 percent per annum on the compensation orsuch portion thereof as remains unpaid.
(3) Any mortgage of, orencumbrance on, the land of which the ownership is transferred to the tenantunder section 127shall be a valid charge on the amount of compensation payableto the landowner.
(4) Notwithstanding anythingcontained in sub–sections (1) to (3), where the person entitled to compensationunder section 128 is a charitable or religious institution, the compensationshall, instead of being assessed under that section, be assessed as a perpetualannuity equal to the reasonable rent for the land, less the land revenuepayable on such land. The amount so assessed shall be paid to such institutionin the prescribed manner.
130.Tenant to pay compensationamount: (1) Every tenant to whomownership of any land has been transferred under section 127 shall be liable topay to the Government in respect of that land compensation as determined undersection 128.
(2) The compensation shall bepayable in cash, in lump sum or in such number of annual instalments notexceeding twenty as may be prescribed. Interest at the rate of 2 1/2 percentper annum shall be payable on the compensation or such portion thereof asremains unpaid
(3) The compensation payableunder this section shall be a charge on the land.
(4) The compensation or anyinstalment thereof shall be recover able in the same manner as an arrear landrevenue.
131.Issue of certificate: When the compensation or thefirst instalment of the compensation, as the case may be, has been paid by thetenant, the competent authority may suo motu and shall, on application made toit in this behalf, issue to the tenant a certificate in the prescribed fromdeclaring him to be the owner of the land specified therein.
132.First option to purchase: (1) If a landowner at any timeintends to sell his land held by a tenant, he shall give notice in writing ofhis intention to such tenant and offer to sell the land to him. In case thelatter intends to purchase the land, he shall intimate in writing his readinessto do so within two months from the date of receipt of such notice.
(2) If there is any disputeabout the reasonable price payable for the land, either the landowner or thetenant may apply in writing to the competent authority for determining thereasonable price; and the competent authority, after giving notice to the otherparty and to all other persons interested in the land and after making suchinquiry as it thinks fit, shall fix the reasonable price of the land whichshall be the average of the prices obtaining for similar lands in the localityduring the ten years immediately preceding the date on which the application ismade.
(3) The tenant shall depositwith the competent authority the amount of the price determined under sub–section(2) within such period as may prescribed.
(4) On deposit of the entireamount of the reasonable price, the prescribed authority shall issue acertificate in the prescribed from to the tenant declaring him to be thepurchaser of the land; the competent authority shall also direct that thereasonable price deposited shall be paid to the landowner
(5) If the tenant does notexercise the right of purchase in response to the notice given to him by thelandowner under sub–section (1) or fails to deposit the amount of theprice as required by sub–section (3), such tenant shall forfeit hisright of purchase, and the landowner shall be entitled to sell such land to anyother person.
(6) The forfeiture of the rightto purchase any land under this section shall not affect the other rights ofthe tenant in such land.
133.Power to make rules: (1) The Administrator may, bynotification in the Official Gazette, make rules for carrying out the purposeof this Part.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide for–
(a) the form of notice to beissued under this Part and the manner of their service;
(b) the manner of holdinginquiries under this Part;
(c) the circumstances in whichand the period for which land used for agricultural purpose may be leftuncultivated;
(d) the conditions subject towhich lands may be leased by the deputy commissioner under section 107;
(e) the form of applications tobe made under this Part, the authorities to whom they may be made and theprocedure to be followed by such authorities in disposing of the applications;
(f) the determination of thevalue of the produce of land, the profits of agriculture, and the rental valuesof land, for the purposes of the Part;
(g) the time and manner ofpayment of rent by the tenant;
(h) the form of receipt forrent to be given by the landowner;
(i) the factors to be takeninto account in determining reasonable rent for land and in commuting rent inking into money rent;
(j) the nature and the extentof relief of the tenant in cases of suspension or remission of land revenue bythe Government;
(k) the determination ofcompensation for improvements to tenants who are evicted from land;
(l) the grant of permission tosurrender land;
(m) the determination of theamount of compensation payable to the landowner in respect of the non–resumablelands of tenants;
(n) the form of certificates tobe granted to tenants;
(o) the determination of theprice to be paid by tenant for land in respect of which the first option topurchase is exercised;
(p) any other matter which isto be or may be prescribed.
CEILING ON LAND HOLDINGS
134.Exemption: The provisions of this Chaptershall not apply to land owned by the Government or a local authority.
135.Definitions: For the purposes of thisChapter, –
(a) "ceiling limit",in relation to land, means the limit fixed under section 136;
(b) "family", inrelation to a person, means the person, the wife or husband, as the case maybe, and the dependent children and grandchildren, of such person;
(c) "land " does notinclude land used for non–agricultural purposes.
136.Ceiling on holdings: No person either by himself,or, if he has a family, together with any other member of his family(hereinafter referred to as the person representing the family) shall, whetheras a landowner or as a tenant or as a mortgagee with possession or otherwise,or partly in one capacity and partly in another, hold land in excess of twenty–fiveacres in the aggregate:
Provided that, where the numberof members of the family of such person exceeds five, he may hold fiveadditional acres for each member in excess of five, so however as not to exceedfifty acres in the aggregate.
Explanation: In the caseof a company, an association or any other body of individuals, the ceilinglimit shall be twenty–five acres.
137.Submission of returns: Every person representing afamily who at the commencement of this Act holds, or has at any time during theperiod between the 15th day of January, 1959 and such commencement held, landin excess of the ceiling limit shall submit to the competent authority in suchform and within such time as may be prescribed a return giving the particularsof all land held by him and indicating therein the parcels of land, notexceeding the ceiling limit, which he desires to retain:
Provided that in the case ofjoint–holding, all co–sharers may submit the return jointlyindicating the parcels of land, not exceeding the aggregate of their individualceiling limits which they desire to retain.
Explanation: In the caseof a person under disability, the return shall be furnished by him guardian orauthorised agent, as the case may be.
138.Collocation of informationthough other agency: If any person who under section 137 is required to submit areturn, fails to do so, the competent authority may collect the necessaryinformation though such agency as may be prescribed.
139.Procedure for determinationof excess land: (1) Onreceipt of any return under section 137 or information under section 138 orotherwise, the competent authority shall, after giving the persons affected anopportunity of being heard, hold an inquiry in such manner as may beprescribed, and having regarded to the provisions of section of section 140 andsection 141 and of any rules that may be made in this behalf, it shalldetermine–
(a) the total area of land heldby each person representing the family;
(b) the specific parcels ofland which he may retain;
(c) the land held by him inexcess of the ceiling limit;
(d) Whether such excess land isheld by him as a landowner or as a tenant or as a mortgagee with possession;
(e) the excess land in respectof which the tenant or the mortgagee with possession may acquire the right ofthe landowner or the mortgagor;
(f) the excess land which maybe restored to landowner or a mortgagor;
(g) the excess land which shallvest in the Government; and
(h) such other matters as maybe prescribed.
(2) For the purpose ofdetermining the excess land under this section, any land transferred at anytime during the period between the 15th day of January, 1959 and thecommencement of this Act shall notwithstanding such transfer, be deemed to beheld by the transferor.
(3) The competent authorityshall prepare a list in the prescribed from containing the particularsdetermined by it under sub–section (1) and shall cause every such listto be published in the Official Gazette and also in such other manner as may beprescribed.
140.Selection of excess land incases of certain transfers: (1) Where any person holding land in excess of the ceiling limitat any time during the period between the 15th day of January, 1959, and the9th day of December, 1959, has transferred during such period any part of hisland to any other person under a registered deed for valuable consideration,the excess land to be determined under section 139 shall, to the extentpossible, be selected out of the land held at the commencement of this Act bythe transferor in excess of a family holding and no land shall be selected outof the land transferred.
(2) Where any person holding landin excess of the ceiling limit at any time –
(a) during the period betweenthe 15th day of January, 1959 and the 9th day of December, 1959, hastransferred during such period any part of his land to any other person in anymanner other than under a registered deed for valuable consideration, or
(b) during the period betweenthe 9th day of December, 1959 and the commencement of this Act has transferredduring such period any part of his land to any other person in any mannerwhatsoever,
the excess land to bedetermined under section 139 shall be selected out of the lands held at thecommencement of this Act by the transferor and the transferee in the sameproportion as the land held by the transferor bears to the land transferred andwhere no land is held by the transferor, out of the land transferred.
(3) Where excess land is to beselected out of the lands of more than one transferee, such land shall beselected out of the lands held by each of the transferees in the sameproportion as the area of the land transferred to him bears to the total areaof the lands transferred to all the transferees.
(4) Where any excess lands isselected out of the land transferred, the transfer of such land shall be void.
(5) Notwithstanding anythinghereinbefore contained, the excess land to be selected shall in no case includethe homestead land of a person.
Explanation: For thepurpose of this sub–section, "homestead land" means the landon which the homestead (whether used by the owner or let out on rent) stands togetherwith any courtyard, compound and attached garden, not exceeding one acre in theaggregate.
141.Excess land to vest inGovernment: (1) Whereany excess land of a landowner is in his actual possession, the excess landshall vest in the Government.
(2) Where any excess land of alandowner is in the possession of a person holding the same as a tenant or a asa mortgagee and the excess land together with any other land held by suchperson exceeds his ceiling limit, the land in excess of the ceiling limit shallvest in the Government.
(3) Where any excess land of alandowner is in the possession of a person holding the same as a tenant or as amortgagee and such person is allowed to retain the excess land or a partthereof as being landowner or of the mortgagor, as the case may be, in respectof such hereinafter provided, but if that person refuses to pay suchcompensation, the excess land or part thereof shall vest in the Government.
(4) Where there is any excessland of a tenant of a tenant or of a mortgagee with possession, the excess landshall vest in the Government.
Provided that, in any casewhere the excess land or any part thereof held by a person as landowner ormortgagor together with any other land held by such person does not exceed theceiling limit, the excess land or such part thereof as does not exceed theceiling limit shall be restored to the possession of that person on anapplication made by him in this behalf to the competent authority within suchtime as may be prescribed and in the case where the possession of such land isrestored to the mortgagor, the mortgage in respect of such land shall be deemedto be a simple mortgage.
142.Publication of the finallist and consequences thereof: (1) Any person aggrieved by an entry in the list published undersub–section (3) of section 139 may, within thirty days form the date ofpublication thereof in the Official Gazette, file objections thereto before thedeputy commissioner.
(2) The deputy commissioner orany other officer authorised in this behalf by the Administrator may, afterconsidering the objection and after giving the objector or his representativesan opportunity of being heard in the matter, approve or modify the list.
(3) The list as approved ormodified under sub–section (2) shall then be published in the OfficialGazette and also in such other manner as may be prescribed and subject to theprovisions of this Act, the list shall be final.
(4) With effect from the dateof publication of the list in the Official Gazette under sub–section(3),
(a) the excess land shalltransferred to an vest in the Government free of all encumbrances; or
(b) the possession of theexcess land shall stand restored to the landowner or the mortgagor, as the casemay be; or
(c) the rights of the landowneror the mortgagor in respect of the excess land shall stand transferred to thetenant or the mortgagee, as the case may be.
143.Compensation: (1) Where any excess land of alandowner vests in the Government there shall be paid by the Government to thelandowner compensation, subject to the provisions of sub–section (2), ofan amount equal to twenty times the net annual income from such land.
Explanation: For thepurpose of sub–section (1), the net annual income from any land shall bedeemed to be one–fifth of the value of the average yearly gross produceof the land, calculated in such manner as may be prescribed.
(2) Where such excess land orany part thereof is in the possession of a tenant, the compensation payableunder sub–section (1) in respect of the land shall be apportionedbetween the landowner and the tenant in such proportion as may be determined bythe competent authority in the prescribed manner, having regard to theirrespective shares in the net income from such land.
(3) In addition to thecompensation payable in respect of any excess land under sub–section(1), there shall also be paid compensation in respect of any structure orbuilding constructed on such land and any trees planted thereon, and suchcompensation shall be determined by the competent authority in the prescribedmanner, having regard to the market value of any structure or building or thevalue of such trees, and such compensation shall be paid to the person who hasconstructed the structure or building or planted the trees.
(4) Where any excess land inrespect of which compensation is payable is subject any mortgage or otherencumbrance, the amount due under the mortgage or other encumbrance in respectof such excess land, or where a transfer of any excess land is void by virtueof sub–section (4) of section 140, the consideration money paid by thetransferee in respect of such excess land shall be a charge on the compensationpayable in respect of the excess land to the person who has created themortgage or encumbrance or as the case may be, to the transferor.
(5) Where a tenant acquires therights of a landowner in respect of any excess land, the compensation payableby him in respect of that land shall be equal to the amount which the landownerwould have been paid as compensation under sub–section (2) or sub–sectionin the first instance, be paid to the landowner by the Government and shall berecovered from the tenant in such manner as may be prescribed.
(6) Where a mortgagee inpossession acquires the rights of the mortgagor in respect or any excess landunder sub–section (3) of section 141, the compensation payable by themortgagee in respect of that land shall be such sum of money, if any as may bedue to the mortgagor after setting off the mortgage debt against the marketvalue of such excess land.
(7) Where any excess land of areligious or charitable institution vests in the Government, such institutionshall, in lieu of compensation payable under sub–section (1) or sub–section(2) or sub–section (3), be paid an annuity equal to the net annualincome of the excess land and such net annual income shall be determined by thecompetent authority in the prescribed manner.
(8) The competent authorityshall, after holding an inquiry in the prescribed manner, make an orderdetermining the amount of compensation payable to any person under thissection.
144.Manner or payment ofcompensation: (1) Thecompensation payable under section 143 shall be due from the date ofpublication of the list under sub–section (3) of section 142 and may bepaid in cash, in a lump sum or in instalments, or in bonds.
(2) Where the compensation ispayable in bonds, the bonds may be mad e not transferable or transferable byendorsement or in any other manner but all such bonds shall be redeemed withinsuch period, not exceeding twenty years from the date of issue, as may beprescribed.
(3) Where there is any delay inthe payment of compensation or where the compensation is paid either ininstalments or in bonds, it shall carry interest at the rate of two and a halfpercent per annum from the date on which it falls due.
145.Limit of future acquisitionof land: No person representing a familyshall acquire in any manner whatsoever, whether by transfer, exchange, lease,agreement or succession, any land where such acquisition has the effect ofmaking the total area of the land held by him exceed the ceiling limit, and anysuch land in excess of the ceiling limit shall be treated as excess land of thetransferee and the provisions of section 139 to 144 shall as far as may be,apply to such excess land.
146.Excess land not to besurrendered in certain cases: Where a person representing a family holds land not exceeding theceiling limit, but subsequently the land held exceeds the ceiling limit, then,notwithstanding anything contained in this Chapter, such person shall not berequired to surrender any part of the land on the ground that it is excessland, if such excess is due to a decrease in the number of members of thefamily.
147.Power of deputycommissioner to take possession of excess land: After the publication of the list of excess landsunder sub–section (3) of section 142, and after demarcation in theprescribed manner of such lands where necessary, the deputy commissioner maytake possession of any excess land and may use or cause to be used such forceas may be necessary for the purpose.
148.Offences penalties: (1) Whoever being bound tosubmit a return under section 137 fails to do so, without reasonable case,within the prescribed time, or submits a return which he knows or has reason tobelieve to be false, shall be punishable with fine which may extent to onethousand rupees.
(2) Whoever contravenes anylawful order made under this chapter or otherwise obstructs any person fromlawfully taking possession of any land shall be punishable with fine which mayextent to one thousand rupees.
149.Finality of orders: Subject to the provisions ofthis Act, every order made under this Chapter shall be final.
150.Power to exempt, etc: (1) The Administrator may, anapplication made to him in this behalf within three months from thecommencement of this Act exempt from the operation of section 136 –
(a) any land which is beingused for growing tea, coffee or rubber including lands used or required for usefor purpose ancillary to, or for the extension of, the cultivation of tea,coffee or rubber to be determined in the prescribed manner.
(b) any sugarcane farm operatedby a sugar factory;
(c) any specialised farm whichis being used for cattle breeding, dairy or wool raising;
(d) any person who holds acompact block land exceeding the ceiling limit which–
(i) is being used as an orchardfrom before the 1st day of January, 1958, or
(ii) is being used as a farm inwhich heavy investment or permanent structural improvements have been made andwhich, in the opinion of the Administrator, is being so efficiently managedthat its break up is being so efficiently managed that its break up is likelyto bring a fall in production:
Provided that where such personholds the compact block of land together with any other land, he shall bepermitted to elect to retain either the compact block of land, notwithstandingthat it exceeds the ceiling limit, or the other land not exceeding the ceilinglimit;
(e) any land which is beingheld by co–operative society, provided that where a member of any suchsociety holds a share in such land, his share shall be taken into account indetermining his ceiling limit:
Provided that the Administratormay entertain the application after the expiry of the said period of threemonths, if he is satisfied that the applicant was prevented y sufficient causefrom making the application in time.
(2) Where any land in respectof which exemption has been granted to a person under clause (a) of sub–section(1) is transferred to another person, the Administrator may, on an applicationmade to him within three months from the date of the transfer, exempt thetransferee from the operation of section 136 and section 145 and the provisionsof the said clause shall, as far as may be, apply to the grant of suchexemption.
(3) Where the Administrator isof opinion that the use of land for any specified purpose is expedient ornecessary in the public interest, he may, by notification in the OfficialGazette, made a declaration to that effect and on the issue of suchnotification, any person may, notwithstanding anything contained in section 145acquire land in excess of the ceiling limit for being used for such specifiedpurpose and such person shall, within one month from the date of suchacquisition, send intimation thereof to the competent authority.
(4) Where any land in respectof which exemption has been granted under sub–section (1) or sub–section(2) or sub–section (3) ceases to be used, or is not, within theprescribed time, used, for the purpose for which exemption has been granted,the Administrator may, after giving the persons affected an opportunity ofbeing heard, withdraw such exemption.
PREVENTION OF FRAGMENTATION
151.Definitions: For the purposes of thisChapter, –
(a) "holding" meansthe aggregate area of land held by a person as a landowner;
(b) "fragment" meansa holding of less than two and a half acre in area;
(c) "land " has thesame meaning as in Chapter XI.
152.Restrictions on transferetc: (1) No portion of a holdingshall be transferred by way of sale, exchange, gift bequest or mortgage withpossession, so as to create a fragment:
Provided that the provisions ofthis sub–section shall not apply to a gift made in favour of the Bhoodanmovement initiated by Acharya Vinoba Bhave.
(2) No portion of a holdingshall be transferred by way of lease, where as a result of such lease, –
(i) the lessor shall be leftwith less than two and a half acres, or
(ii) the total area held by thelessee exceeds the limit of a family holding.
(3) No fragment shall betransferred to a person who does not have some land under personal cultivation,or to a person who holds, or by reason of such transfer shall hold, land inexcess of the limit of a family holding.
153.Partition of holding: (1) No holding shall bepartitioned in such manner as to crate a fragment.
(2) A fragment shall not bepartitioned unless as a result of such partition its portions get merged inholdings of two and a half acres or more or in fragments so as to createholdings of two and a half acres or more.
(3) Whenever, in a suit forpartition, the court finds that the partition of a holding will result in thecreation of a fragment, the court shall instead of proceeding to divide theholding, direct the sale of the same and distribute the proceeds thereof amongthe co–sharers.
(4) Wherever a holding is putup for sale under sub–section (3), a co–sharer shall have thefirst option to purchase the holding at the highest bid; if there are two ormore co–sharers claiming the first option, that co–sharer whooffers the highest consideration shall be preferred.
154.Transfers in contraventionof this Chapter: (1) Any transfer, partition or lease of land made in contraventionof the provision of this Chapter shall be void.
(2) No document of transfer,partition or lease shall be registered unless declarations in writing are made,in such from and manner as may be prescribed, by the parties thereto before thecompetent registering authority under the Indian Registration Act, 1908 (16 of1908), regarding lands held by each prior to the transaction and the land whicheach shall come to hold thereafter.
(3) No registering authorityshall register under the Indian Registration Act, 1908 (16 of 1908), anddocument of transfer, partition or lease of land, if from the declarations madeunder sub–section (2), it appears that the transaction has been effectedin contravention of the provisions of this Chapter.
155.Penalty: The parties any transfer,partition or lease made or entered into in contravention of any of theprovisions of this Chapter shall be punishable with fine which extend to onehundred rupees.
156.Power to make rule: (1) The Administrator may, bynotification in the Official Gazette, made rules to carry out the purposes ofthis Part.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide forall or any of the following matters, namely: –
(a) the form in which and theperiod within which a return under section 137 may be submitted;
(b) the agency through whichinformation may be collected under section 138;
(c) the manner of holdingenquiries under this Part;
(d) the matters which may bedetermined under sub–section (3) of section 139 or sub–section(3) of section 142 may be prepared and the manner of publication of such list:
(f) the period within which anapplication for restoration of excess land may be made under the proviso thesub–section (40 of section 141;
(g) the manner of apportionmentof compensation between the landowner and the tenant under sub–section(2) of section 143;
(h) the manner of assessment ofthe market value of any structure or building or trees under sub–section(3) of section 143;
(i) the manner of recovery ofthe compensation payable by the tenant under sub–section (5) of section143;
(j) the manner of determiningunder sub–section (6) of section 143 the market value of any excess landover which a mortgagee in possession acquires the rights of the mortgagor;
(k) the manner of determinationof the net annual income of any excess land for the purpose of payment ofcompensation under section 143;
(l) the manner of payment ofcompensation including the number of instalments in which the compensation maybe paid or recovered and the period within which bonds may be redeemed;
(m) the manner of demarcationof any excess land under section 147;
(n) the matters which may bedetermined by the Administrator in granting and exemption under section 150including the form in which applications and intimations may be made or given,under section 150;
(o) the form of declarationsunder section 154;
(p) any other matter which isto be or may be prescribed.
GENERAL AND MISCELLANEOUS
157.Recovery of amounts due asan arrear of and revenue: Without prejudice to any other provision of this Act, any amountdue to the Government, whether by way of costs penalty or otherwise, and anyother amount which is ordered to be paid to or recovered by the Government,under this Act shall re recoverable in the same manner as an arrear of landrevenue.
158.Special provision regardingScheduled Tribes: No transfer of land by a person who is a member of the ScheduledTribes shall be valid unless–
(a) the transfer is to anothermember of the Scheduled Tribes; or
(b) where the transfer is to aperson who is not a member of any such tribe, it is made with the previouspermission in writing of the deputy commissioner; or
(c) the transfer is by way ofmortgage to a co–operative society.
159.Jurisdiction of civilcourts excluded: No suit or other proceedings shall, unless otherwise expresslyprovided for in this Act or in any other law for the time being in force, lieor be instituted in any civil court with respect of any matter arising underand provided for by this Act;
Provided that if in a disputebetween parties a question of title is involved, a civil suit may be broughtfor the adjudication of such question.
160.Act to override contractand other laws: Save asotherwise provided, the provisions of this Act shall have effectnotwithstanding anything to the contrary contained in any other law, custom orusage or agreement or decree or order of court.
161.Court fees: Notwithstanding anythingcontained in the Court–fees Act, 1870 (7 of 1870), every application,appeal or other proceeding under this Act shall bear a court–fee stampof such value as may be prescribed.
162.Village officers to bepublic servants: Every amin and every other village officer appointed under thisAct shall be deemed to be a public servant within the meaning of section 21 ofthe Indian Penal Code (45 of 1860).
163.Power to exempt: With the previous approval ofthe Government, the Administrator may, by notification in the Official Gazetteexempt any class of lands from all or any of the provisions of this Act.
164 General provision as topenalties: Whoevercontravenes any provision of this Act of for which no penalty has beenotherwise provided for therein shall be punishable with fine which may extendto five hundred rupees.
165.Protection of action takenin good faith: No suit,prosecution or other proceedings shall lie–
(a) against any officer of theGovernment for anything in good faith done or intended to be done under thisAct;
(b) against the Government forany damage caused or likely to be caused or any injury suffered or likely to besuffered by anything, in good faith, done or intended to be done under thisAct.
166.Delegation of powers: The Administrator may, bynotification in the Official Gazette, delegate to any officer or authoritysubordinate to him any of the powers conferred on him or on any officersubordinate to him by this Act, other than the power to make rules, to be exercisedsubject to such restrictions and conditions as may be specified in the saidnotification.
167.Power to removedifficulties: If anydifficulty arises in giving effect to any provision of this Act, the Governmentmay, as occasion requires, take any action not inconsistent with the provisionsof this Act which may appear to it necessary for the purpose of removing thedifficulty.
168.General power to makerules: Without prejudice to any powerto make rules contained elsewhere in this Act, the Administrator may, bynotification in the Official Gazette, make rules generally to carry out thepurpose of this Act.
169.Laying of rules beforeParliament: Everyrule made under this Act shall be laid as soon as may be after it is madebefore each House of Parliament while it is in session for a total period ofthirty days which may be comprised in one session or in two successivesessions, and if before the expiry of the session in which it is so laid or thesession immediately following both, houses agree in making any modification inthe rule or both Houses agree that the rule should not be made, the rules shallthereafter have effect only in such modified form or be of no effect, as thecase may be; so however that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule.
170.Repeal and savings: (1) On and from the date onwhich any of the provisions of this Act are brought in to force in any area inthe Union territory of Manipur, the enactments specified in the Schedule or somuch thereof as relate to the matters covered by the provisions so brought intoforce shall stand repealed in such area.
(2) The repeal of any enactment or partthereof, by sub–section (1) shall not affect, –
(a) the previous operation ofsuch enactment of anything duly done or suffered thereunder;
(b) any right, privilege,obligation or liability acquired, accrued or incurred under such enactment.
(c) any penalty, forfeiture orpunishment incurred in respect of any offence committed against such enactment;
(d) any investigation, legalproceeding or remedy in respect of any such right, privilege, obligationliability, penalty, forfeiture or punishment as aforesaid;
and any such investigation,legal proceeding or remedy may be instituted or enforced and any such penalty,forfeiture or punishment may be imposed as if such enactment or part thereofhad not been repealed.
(3) Subject to the provisionscontained in sub–section (2), any appointment, rule, order, notificationor proclamation made or issued, any lease, rent, right or liability granted,fixed, acquired or incurred and any other thing done or action taken under anyof the enactment or parts thereof repealed under sub–section (1) shall,in so far as it is not inconsistent with the provisions of this Act Broughtinto force, be deemed to have been made, issued, granted, fixed acquired,incurred, done or taken under this Act and shall continue to be in force untilsuperseded by anything done or any action taken under this Act.
(4) Any custom or usageprevailing at the time any of the provisions of this Act are brought into forcein any area in the Union territory of Manipur and having the force of lawtherein shall if such custom or usage is repugnant to or inconsistent with suchprovision, cease to be operative to the extent of such repugnancy orinconsistency.
[SeeSection 170 (1)]
1.The Assam Land and RevenueRegulation, 1886 (Assam Act I of 1886), as extended to the Union Territory ofManipur by notification under section 2 of the Union Territories (Laws) Act,1950 (30 of 1950).
2.The Bombay Vidarbha Region Agricultural Tenants(Protection from Eviction and Amendment of Tenancy Laws) Act, 1957 (Bom. ActIX of 1958), as extended to the Union territoryof Manipur by notification undersection 2 of the UnionTerritories (Laws)Act.1950 (30 of 1950).