TRIPURA LAND REVENUE AND LAND REFORMS ACT 1960
THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
ACT No. 43 OF 1960
An Act to consolidate and amendthe law relating to land revenue in the Union territory of Tripura and toprovide for the acquisition of estates and for certain other measures of landreform
BE it enacted by Parliament inthe Eleventh Year of the Republicof India as follows: –
1.Short title, extend andcommencement: (1) ThisAct may be called the Tripura Land Revenue and Land Reforms Act, 1960.
(2) It extends to the whole ofthe Union territoryof Tripura.
(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 fordifferent areas and for different provisions of this Act.
2.Definitions: In this Act, unless the contextotherwise require, –
(a) "Administrator"means the Administrator of the Union territoryof Tripura;
(b) "agriculture"includes horticulture, the raising of annual or periodical crops or gardenproduce, dairy farming, poultry farming, stock breeding, grazing andpisciculture;
(c) "basic holding"means land used for agricultural purpose which is equal to two standard acresin area;
(d) "Collector" meansthe Collector of the district and includes any officer appointed by theAdministrator to exercise and perform all or any of the powers and functions ofa Collector under this Act;
(e) "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;
(f) "competentauthority", in relation to any provision, means any officer appointed bythe Administrator to be the competent authority for the purpose of thatprovision;
(g) "family" exceptin Chapter XIII means, in relation to be person, the wife or husband of suchperson, his children grandchildren, parents and brothers, and in the cases of aJoint Hindu family, any member of such family;
(h) "family holding"means land used for agricultural purposes which is equal to 6.4 standard acresin area;
(i) "Government"means the Central Government;
(j) "holding" means aparcel of land separately assessed to land revenue;
(k) "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 purpose;
(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 under–raiyat, his family andservants or of a cattle shed, a store–house or other construction foragricultural purposes or of any building required for the convenient orprofitable use or occupation 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;
(l) "minor" means aperson who is deemed not to have attained majority under the Indian MajorityAct, 1875;
(m) "OfficialGazette" means the Tripura Gazette;
(n) "pay","payable" and "payment", used with reference to rent,include "deliver", "deliverable" and "delivery";
(o) "person underdisability" means–
(i) a Windows;
(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 item (iv) or (v);
(iv) a member of the ArmedForces of the Union:
(v) a person incapable ofcultivating land by, reason of some physical or mental disability;
(p) " personalcultivation", with its grammatical variations and cognate expressions,means cultivation by a person on his own account–
(i) by his own labour, or
(ii) by the labour of anymembers of his family, or
(iii) by servants or by hiredlabour on wages, payable in cash or in kind but not as a share of produce,under his 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 personor a member of his family unless such person or member resides in the villagesituated within a distance to be prescribed, during the major part of theagricultural 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;
(q) "prescribed"means prescribed by rules made under this Act;
(r) "public purpose"includes a purpose connected with allotment of land to cultivators, under–raiyatsejected as a result of resumption, land–less agricultural workers or co–operativefarming societies;
(s) "raiyat" means aperson who owns land for purposes of agricultural paying land revenue to theGovernment and includes the successors–in–interest of suchperson;
(t) "rent" meanswhatever is lawfully payable, in money or in kind, or partly in money andpartly in kind, whether as a fixed or quantity of produce or as a share of theproduce, on account of the use or occupation of land or on account of any rightin land but shall not include land revenue;
(u) "standard acre"means one acre of ‘lunga’ or ‘nal’ or three acres of ’tilla’ land;
(v) "under–raiyat"means a person who cultivates or holds the land of a raiyat under an agreement,express or implied, on condition of paying thereof rent in cash or in kind ordelivering a share of the produce and includes a person who cultivates or holdsland of a raiyat under the system generally known 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 as the administrator may, in the caseof any specified area, by notification in the Official Gazette, appoint.
PART – II
REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT
3.Power to create, alter orabolish districts, sub-divisions, etc: (1) The Administrator may, with the previousconcurrence of the Government, by notification in the Official Gazette, dividethe Union territory of Tripura into one or more districts, and may similarlydivide any district into sub–divisions, circles and tehsils, and mayalter the limits of, or abolish, any district, sub–division, circle ortehsil.
(2) The districts, sub–divisions,circles and tehsils existing at the commencement of this Act shall continuerespectively to be the districts, sub–divisions, circles and tehsilsunder this Act unless otherwise provided under sub–section (1).
4.Appointment of revenueofficers: The Government or such otheroffice as may be authorised by the Government in this behalf may appoint thefollowing classes of revenue officers, namely; –
(b) director of settlement andland records,
(d) survey and settlementofficers,
(e) assistant survey andsettlement officers,
(f) circle officers,
(g) revenue inspectors.
(i) village accountants andsuch other village officers and servants as may be specified by rules madeunder this Act.
5.Collector and certain otherrevenue officers: (1) Each district shall be placed under the charge of a Collectorwho shall be in charge of the revenue administration of the district andexercise the powers and discharge the duties of the Collector under this Act orany other law for the time being in fore and shall exercise so far as isconsistent therewith such other powers of superintendence and control withinthe district and over the officers subordinate to him as may from time to timebe prescribed.
(2) Each sub–divisionshall be placed under the charge of a sub–divisional officer.
(3) Each circle or tehsil shallbe placed under the charge of a circle officers or a tehsildar, as the case maybe.
(4) The duties and power of thesub–divisional officers, the circle officers and other revenue officersshall be such as may be imposed or conferred on them by or under this Act orany other law in force for the time being or any general or special order ofthe Administrator published in the Official Gazette.
6.Settlement officers: The officers specified initems, (b), (d) and (e) of section 4 shall have power to take cognizance of allmatters connected with the survey of land and the settlement of the 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 or under this Act or by any general or special order of the Administratorpublished in the Official Gazette.
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 Collector or the sub–divisionalofficers, 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 ofofficer and also to confer on any officers of the Government all or any of thepowers and duties of any of the revenue officers including the Collector.
9.Notification of appointments: All appointments made underthis chapter except appointments of revenue inspectors, tehsildars and villageaccountants and other village officers and servants shall be notified in theOfficial Gazette.
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 tolands, etc.: (1) All–lands,public roads, lanes and paths and bridges, ditched, dikes, and fences on orbeside the same, the beds of rivers, streams, nallas, lakes and tanks, and allcanals and water courses, and all standing and flowing water, and all rights inor over the same or appertaining thereto, which are to the property of anyperson, are and are hereby declared to be the property of the Government.
(2) Unless it is otherwiseexpressly provided in the terms of a grant made by the Government, the right tomines, quarries, minerals and mineral products including mineral oil, naturalgas and petroleum shall vest in the Government, and it shall have all thepowers necessary for the proper enjoyment of such rights.
(3) Where any property or anyright 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 Collector whose order shall, subject to the provisionsof this Act, be final.
(4) Any person aggrieved by anorder made under sub–section (3) or in appeal or revision therefrom mayinstitute a civil suit to contest the order within a period of six months fromthe date of such order and the decision of the civil court shall be binding onthe parties.
12.Right to trees, forest, etc: (1) The right to all trees, junglesor other natural products growing on land set apart for forest reserves and toall trees, brush wood, jungle or other natural product, wherever growing,except in so far as the same may be the property of any person, vests in theGovernment, and such trees brush wood, jungle or other natural product shall bepreserved or disposed of in such manner as may be prescribed, keeping in viewthe interests of the people in the area with regard to the user of the naturalproducts.
(2) All road side trees whichhave been planted and reared by or under the orders or at the expense of theGovernment and all trees which have been planted and reared at the expense oflocal authorities by the side of any road belonging to the Government vest inthe Government.
13.Assignment of land forspecial purposes: Subject to rules made in this behalf under this Act, theCollector may set apart land belonging to the Government for pasturage for thevillage cattle, for forest reserves of for any other purpose.
14.Allotment of land: (1) The Collector may allotland belonging to the Government for agricultural purposes or for constructionof dwelling houses, in accordance with such rules as may be made in this behalfunder this Act; and such rules may provide for allotment of land to personsevicted 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 therefrom by thecompetent authority and any building or other construction erected or anythingdeposited on such land, if not removed within such reasonable time as such authoritymay from time to time fix for the purpose, shall believable to be forfeited tothe Government and to be disposed of in such manner as the competent authoritymay direct;
Provided that the competentauthority may, in lieu of ordering the forfeiture of any such building or otherconstruction, 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 extent 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, to abandoned river beds, which vest under any law for the timebeing in force in any holder of land shall be subject in respect of liabilityto land revenue to the same privileges, conditions and restrictions as areapplicable to the original holding by virtue of which such lands, islands orriver beds vest in the said holder, but no revenue shall be leviable in respectof any such land, islands, or river beds unless the area of the same exceeds onacre.
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 diluvion.
19.Assessment of land revenue: (1) The assessment of landrevenue on any land shall be made, or shall be deemed to have been made, withrespect to the use of the land–
(a) for purpose of agriculture;
(b) for industrial orcommercial purposes;
(c) as sites for dwellinghouses;
(d) for any other purpose.
(2) Where land assessed for usefor any one purpose is diverted to any other purposes, the land revenue payableupon such land shall notwithstanding that the term for which the assessment mayhave 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 landfor any purpose wishes to divert such land or any part thereof any otherpurpose except agriculture, he shall apply for permission to the competentauthority who may, subject to the provisions of this section and to the rulesmade under 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 receiving informationthereof, may impose on the person responsible for the diversion a penalty notexceeding one hundred rupees, and may proceed in accordance with the provisionsof sub–section (1) as if an application for permission to divert hasbeen made.
(5) If any land has 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 responsible 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 require 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 be 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 rupees foreach day during which such contravention continues.
(6) If any person served with anotice under sub–section (5), fails within the period stated in thenotice to take the steps ordered by the competent authority under that sub–section,the competent authority may itself take such steps or cause them to be taken;and any cost incurred in so doing shall be recoverable from such person in thesame manner as an arrear of land revenue.
Explanation:"Diversion" in this section means using land assessed to one purposefor any other purpose, but using land for the purpose of agriculture where itis assessed 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) Thefollowing persons shall be primarily liable for the payment of land revenueassessed on land, revenue assessed on land, namely: –
(a) the person to whom the landbelongs;
(b) the under–raiyat orany other person in possession of the land, provided that such under–raiyator other person shall be entitled to credit from the owner of the land for theamount paid by him.
(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 for land revenue: Every revenue officerreceiving payment of land revenue shall, at the time when such payment isreceived by him 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 theprovisions of this Chapter in order to determine or revise the land revenuepayable on lands, in any local area are called a "revenue survey",the results of the operations are called a "settlement" and theperiod during 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 value 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 supervisions 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 operations paid for in cash.
26.Revenue Survey: Whenever the Administratorthinks it expedient so to do, he 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 deputed 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, may assess and apportion the cost thereof on the lands surveyed, forcollection as land revenue due on such lands.
28.Survey members 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 villages and the villages in to plots andsurvey numbers; and
(b) recognise the existingvillage and survey numbers, reconstitute them or form new survey numbers.
29.Division of survey numbersinto sub-divisions: The survey officer may sub–divide survey numbers into manysub–divisions as may be required in the manner prescribed.
30.Determination ofrevenue-rates: TheAdministrator may at any time direct the determination or the revision of therevenue–rates for all lands in any area which a revenue survey has beenmade.
31.Preparation of statisticaland fiscal records: It shall be the duty of the survey officer or the settlementofficer on the occasion of making or revising 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 in forming such units, he shall have regard tothe physical features, agricultural and economic conditions and tradefacilities and communications; 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 table ofrevenue-rates: (1) Thesettlement officer shall prepare a table of revenue–rates in theprescribed form and publish it in the prescribed manner for the prescribedperiod.
(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 objections after giving a hearing to the objector.
(3) The settlement officershall submit the table of revenue–rates to the Administrator togetherwith a summary of objection, 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 modifications, if 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 34shall be incorporated n and form part of the settlement register of thevillage.
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 of 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 extend the term ofsettlement by such further period as the 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 extents, whether such lands are held with liability to payfull land revenue or land revenue at concessional rates or are held revenuefree.
(3) The fair assessment of alllands, shall be calculated in accordance with rules made in this behalf andhaving regard to he 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 agriculture, to the considerationpaid for leases, to the sale prices of land and to the principal monies onmortgages, and in the case on 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 no 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 Collector tocorrect 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 theCollector or such other revenue officers as may be specified by theAdministrator for the purpose by notification in the Official Gazette.
(2) The Collector may at anytime during the term of settlement correct to 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 arrears ofland revenue 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 rules made under this Act.
43.Publication of the record ofrights: (1) When a record of rightshas been prepared, the survey officer shall publish a draft of the record insuch manner and for such period as may be prescribed and shall receive andconsider any objections which may be made during the period of suchpublications to any entry therein or to any omission therefrom.
(2) when all objections havebeen considered and disposed of in accordance with the rules made in thisbehalf, the survey officers 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 presumed to be correct.
44.Jurisdiction of civil courtsto decide disputes: The civil courts shall have jurisdiction to decide any dispute towhich the Government is not a party relating to any right or entry which isrecorded in the record of rights.
45.Correction of bona fidemistake in register: The survey officer may, no application made to him in this behalfor on his own motion, within one year from 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 fide mistake.
46.Register of mutations: (1) There shall be maintainedfor every village a register of mutations in such form as may be prescribed.
(2) Any person acquiring bysuccession, survivorship, inheritance, partition, purchase, gift, mortgage,lease or otherwise any right in land, or where such person acquiring the rightis minor or otherwise disqualified, his guardian or other person having chargeof his property, shall report his acquisition of such right to the villageaccountant within three months from the date of such acquisition and thevillage accountant shall give at once a written acknowledgement in theprescribed form for such report to the person making it.
(3) The village accountantshall enter the substance of every report made to him under sub–section(2) in the register of mutations and also made an entry therein respecting theacquisition of any right of the kind mentioned in sub–section (2) whichhe 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 village and shall givewritten intimation to all persons appearing from the record of rights or theregister of mutations to be interest in the mutations and to any other personwhom he has reason to believe to be interested therein.
(4) Should any objection to anentry made under sub–section (3) in the register of mutations be madeeither orally or in writing to the village accountant, he shall enter theparticulars of the objection in the register of disputed cases and shall atonce give a written acknowledgement in the prescribed form for the objection tothe 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 toafford in-formation: The collector may, if he is of opinion that any person haswilfully 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 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 and revenue.
49.Certified copies: Certified copies of entries inthe record of rights may be granted by such officers and on payment of suchfees as may be prescribed.
50.Maps and other records opento inspection: Subjectto such rules and on payment of such fees, of any, as may be prescribed, allmaps and land records shall be open to inspection by the public during officehours, and certified extracts there from 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 Collector to the settlementofficer.
BOUNDARIES AND BOUNDARY MARKS
52.Determination of villageboundaries: Theboundaries of villages, survey numbers, sub–divisions and fields shallbe fixed, and all disputes relating thereto shall be determined, by surveyofficers or by such other officers as may be appointed by the Administrator forthe purpose, 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 Collector may at nay time summarily evict and landholder who iswrongfully in possession of any land which has been adjudged in the settlementof a boundary not to appertain to his holding or to the holding of any personthrough 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 sub–divisions and to assess all charges incurredthereby on the holders or others having an interest therein.
55.Description of boundarymarks: The boundary marks shall be ofsuch description and shall be constructed, laid out, maintained to repaired insuch manner and shall be of such dimensions and materials as may, subject tothe rules made under this Act, be determined by the Collector or other officerappointed for the purpose.
56.Responsibilities formaintaining boundary marks: Every landholder shall be responsible for the maintenance andgood repair of the boundary marks of his holding and for any charge reasonablyincurred on account of the same by the revenue officers in case of alteration,removal or disrepair. It shall be the duty of the village officers and servantsto prevent the destruction or in–authorised alteration of the villageboundary marks.
57.Collector to have charge ofboundary marks: After theintroduction of survey and settlement in a district, the charge of the boundarymarks shall devolve on the Collector and it shall be his duty to take measuresfor their construction, laying out, maintenance and repair.
58.Penalty injuring boundarymarks: Any person wilfully erasing,removing or injuring a boundary mark shall be liable to such penalty notexceeding fifty rupees as the competent authority may impose.
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 person responsible for the payment shall becomea defaulter.
(2) A statement of accountcertified by the circle officer shall, for the purpose of this Chapter, beconclusive evidence of the existence of the arrear, of its amount and of theperson 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 the 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 the noticeof demand and the officers by whom such notices shall be issued shall be suchas may be prescribed.
64.Distraint and sale 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 whichunder the Code of Civil Procedure, 1908 (5 of 1908), is exempt from attachmentor sale in execution of a decree or of any article set aside exclusively forreligious use.
65.Sale of immovable property: (1) When the Collector is ofopinion that the processes referred to in clauses (a) and (b) of section 62 arenot sufficient for the recovery of an arrear, he may, addition to or instead ofany of those processes, cause the land in respect of which such arrear is dueto be attached and sold in the prescribed manner.
(2) The Collector may alsocause the right, title and interest of the defaulter in any other immovableproperty 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 Collector or other officer empowered in this behalf shall issue suchnotices and proclamations, in such form, in such manner and containing suchparticulars, as may be prescribed; the notices and proclamations shall also bepublished 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 property, movable orimmovable, 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 connections with any such also 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.Sale not to be excessive: Every sale of property, movableor immovable, under the provisions of this chapter shall, as far as may bepracticable, be proportionate to the amount of the arrear of land revenue to berecovered together with the interest thereon and the expenses of attachment andsale.
71.Deposit by purchaser ofimmovable property: In all cases of sale of immovable property, the party who isdeclared to be the purchaser shall be required to deposit immediately 25percent of the amount of his bid, and the balance within fifteen days ofthe 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 form him in the same manner as an arrearof land revenue.
73.Setting aside sale: Where immovable property hasbeen sold under this Chapter, the defaulter, or any person owning such propertyor holding an interest therein, may, at any time, within thirty days of thedate of sale or within such further period not exceeding thirty days as theCollector may for sufficient cause allow, apply in the prescribed manner to theCollector to have the sale set aside–
(a) on the ground of somematerial irregularity or mistake or fraud resulting in substantial loss orinjury to him or
(b) on his depositing in theCollector’s Office the amount of the arrear specified in the proclamation ofsale, the cost of the sale and for payment to the purchaser, sum equal to 5percent of the purchase money.
74.Confirmation of sale: If, on the expiration ofthirty days from the date of sale of any immovable property or of the furtherperiod, if any, allowed under section 73, no application has been made forsetting aside the sale, or if any such application has been made and rejected,the /collector shall make an order confirming the sale unless, for reasons tobe recorded, the Collector sets aside the sale notwithstanding that noapplication therefor has been made.
75.Refunds: (1) The Collector shall orderthe 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 Collector shall orderthe refund and payment of all the moneys deposited under clause (b) of section73 to the person who made the deposit, if the sale is confirmed:
Provided that the Collector mayset off the whole or any part of any such moneys against any arrear of landrevenue or any other arrear recoverable as an arrear of land revenue, which maybe outstanding against the person who made the deposit.
76.Certificate of purchase: When a sale held under thisChapter is confirmed, the Collector shall put the person declared to be thepurchaser in possession of the property and shall grant him a certificate inthe prescribed form to the effect that he has purchased the property specifiedtherein, and such certificate shall be deemed to be a valid transfer of suchproperty.
77.Application of proceeds ofsale: The proceeds of the sale of anyproperty under this Chapter shall be applied in defraying the expenses of thesale which shall be determined in the prescribed manner and the balance shallbe applied to the payment of the arrears on account of which the sale was heldand the surplus, if any, shall be paid to the person whose property has beensold.
78.Liability of certifiedpurchaser: Theperson who has purchased any land and to whom a certificate of purchase hasbeen granted shall not be liable for the land revenue in respect of the landfor any period prior to the date 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 Collector may, if he thinks it necessary, prevent its beingremoved from the land until the demand for the current year in respect of thesaid land is paid whether the date fixed for the payment of the same hasarrived or not.
80.Recovery of other publicdemands: The following moneys may berecovered under this Act in the same manner as an arrear of land revenue,namely: –
(a) rent, fees and royaltiesdue to the Government for use or occupation of land or water or any product ofland;
(b) all moneys falling due tothe Government under any grant, lease or contract which provides that theyshall be recoverable as arrears 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 becourts: (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; shall be arevenue court.
(2) Nothing in this Act shallbe deemed to limit or otherwise affect the inherent power of the revenue courtto make such orders as may be necessary for the ends of justice or to preventthe abuse of the process of the revenue court.
82.Place of hearing: Except 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 and 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 Collector or a sub–divisionalofficer may transfer any case or class of cases arising under this Act or anyother law for he time being in force for inquiry of decision from his own fileor from the file of any revenue officers subordinate to him to the file of anyother revenue officer subordinate to him competent to deal with such case orclass of cases.
85.Power to take evidence,summon witnesses, etc: (1) Every revenue officer not lower in rank than a circle officeracting as a revenue court shall have power to take evidence and to summon anyperson whose attendance he considers necessary, either as a party or as awitness or to produce any documents, for the purpose of any inquiry which suchofficer is legally empowered to make, and all persons so summoned shall bebound to powered to attend either in person or by an authorised agent as suchofficer may direct, 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 attendancewitnesses: If any person on whom asummons to attend as witness or to produce any document has been served failsto comply with the summons, the officer by whom the summons has been issuedunder 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 forhearing, the case may be heard and determined in his absence or may bedismissed for default.
(3) The party against whom anyorder is passed under sub–section (1) or (2) may apply, within thirtydays from the date of such order, to have it set aside on the ground that hewas prevented by sufficient cause from paying the requisite process fees orfrom appearing 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,from time 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 among the parties in such manner and to such extent as he may thinkfit.
90.Use of force: Where any order is passedunder this Act directing any person to deliver possession of land or directingthe eviction of any person from land, such order shall be executed by thecompetent authority in such manner as may be prescribed and it shall be lawfulfor such authority, in accordance with rules to be prescribed, to take suchsteps and use or cause to be used such force as may be reasonably necessary forsecuring compliance with the order.
91.Appearances before andapplications to revenue officers: All appearances before, applications to, and acts to be donebefore, any revenue officer under this Act or any other law for the time beingin force 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 any error or omission not affecting amaterial part of the case or proceeding, after such notice to the parties as hemay consider necessary.
93.Appeals: (1) Save as otherwiseexpressly provided, an appeal shall lie from every original order passed underthis 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 passed by the sub–divisionalofficer, to the Collector;
(c) if such an order is passedby the Collector, to the Administrator;
(d) if such an order is passedby an assistant survey and settlement officer, notified by the Administrator inthe Official Gazette 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 Collector;
(b) if such an order is passedunder clause (b) of sub–section (1), to the Administrator;
(c) if such an order is passedunder clause (d) of sub–section (1), to the director of settlement andland records or to a revenue officer notified by the Administrator in theOfficial Gazette to be the second appellate authority; and
(d) if such an order is passedunder clause (e) of 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.The Administrator or the Collector may, at time,either on his own motion or on the application of any party, call for therecords of any proceedings before any revenue officer subordinate to him forthe purpose of satisfying himself as to the legality or the propriety of anyorder passed by such revenue officer, and may pass such order in referencethereto as he thinks fit:
Provided that he shall not varyor reverse any order affecting any right between private persons without havinggiven to the parties interested notice to appear and be heard.
96.Review of orders: (1) A revenue officer may,either on his own motion or on the application of any party interested, reviewany order passed by himself 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 Collector shall, before reviewing any order under thissection, obtain the permission of Collector and the Collector shall, beforereviewing an order passed by any of his predecessors–in–officeobtain 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 as 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;
(ii) some mistake or errorapparent on the face of the record; or
(iii) any other sufficientreason.
(4) For the purposes of thissection, the Collector shall be deemed to be the successor–in–officeof 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 been dealt with inappeal or on revision shall not be reviewed by any officer subordinate to theappellate or revisional authority.
97.Stay of execution of orders:(1) A revenue officer who haspassed any order or his successor–in–office, may, at any timebefore the expiry of the period prescribed for appeal, direct the stay ofexecution of such order for such period as he thinks fit provided that noappeal has been filed.
(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 impo9se suchconditions, 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 those 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 Collector’s powers of superintendenceand control over other officers;
(c) the officers who shouldhear and decide dispute 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 agricultural purposes;
(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;
(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 purchases money of property sold for arrears of landrevenue;
(ee) the circumstance 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 thememorandum 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 mode of execution ofany orders directing any person to deliver possession of land or to be evictedfrom land including the use of force for securing compliance with such order;
(jj) any other matter which isto be or may be prescribed.
RIGHTS OF RAILYATS IN LAND
99.Rights of raiyats: (1) For the removal of doubts,it is hereby declared that subject to the other provisions of this
(a) the rights of a raiyat, inhis land shall be permanent, heritable and transferable;
(b) the raiyat shall beentitled by himself his servants, under–raiyats, agents or otherrepresentatives to erect farm buildings, construct wells or tanks or make otherimprovements thereon for the better cultivation of the land or its convenientor profitable use;
(c) the raiyat is entitled toplant trees on his land, to enjoy the products thereof and to fell, utilise ordispose of the timber of any trees on his land.
(2) Nothing in sub–section(1) shall entitle a raiyat 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 lands.
100.Reservation of land forpersonal cultivation: (1) Every raiyat 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 under–raiyats.
(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 the commencement of this Act.
Explanation: In the caseof a person under disability, the application shall be made by his guardian orhis authorised agent, as the case may be.
101.Procedure for reservationof lands: (1) The competent authorityshall, on an application made under section 100, issue notice together with acopy of the application to each of the under–raiyats holding land fromthe applicant requiring the under–raiyat to submit his objection, ifany, within a period of ninety days from the date of service of such notice orwithin such further period as the competent authority may allow.
(2) An under–raiyat onwhom a notice has been served under sub–section (1) shall furnish to thecompetent authority within the period aforesaid details of lands owned by himor held as under–raiyat of any other raiyat and of lands which heselects for retention by him.
(3) The competent authorityshall, after considering the objections and the details, if any furnished bythe under–raiyats and after making such inquiry as it may considernecessary, determine the land or lands, not exceeding the permissible limit,which in its opinion having regard to all the circumstances of the case may bereserved for personal cultivation of the raiyat and the lands which each of hisunder–raiyats may be allowed to retain.
102.Permissible limit defamed: (1) In section 101,"permissible limit" means an area of land which a raiyat may resumefrom under–raiyats for personal cultivation, that is to say, –
(a) in the case of a personunder disability, 25 standard 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 leasedto under–raiyats or the area by which the land under his personal cultivationsfalls short of a basic holding, whichever is greater;
(iii) owns more than a family–holding,-
(1) if he has no land, or anyland which is less than a family holding, under his personal cultivation, one–halfof the area leased to under–raiyats but not exceeding the area by whichland under his personal cultivation falls short of a family holding, providedthat the under–raiyat is left with not less than basic holding andprovided further that a raiyat shall in any case be entitled to resume an areaby which land under his personal cultivation falls short of a basic holding and
(2) if he has a family holdingor more under his personal cultivation, the area leased to under–raiyatsbut not exceeding the area by which land in his personal cultivation fallsshort of 25 standard acres, provided that the under–raiyat is left withnot less than a family holding.
Explanation: For thepurpose of determining the permissible unit of a raiyat under this sub–section,any non–resumable land which he may hold as an under–raiyat shallalso be taken into account.
(2) Notwithstanding anythingcontained in sub–section (1), an under–raiyat who under any law,custom or usage is not liable to eviction at the commencement of this Act onthe ground that the land is required for personal cultivation, shall in allcases be left with a basic holding or the land actually held by him, whicheveris less.
(3) Any transfer of land madeon or after the 10th August, 1957 shall be disregarded in computing thepermissible limit.
103.Land deemed to be reservedfor personal cultivation in certain cases: In the case of a raiyat who at the commencement ofthis Act does not own land in excess of a basic holding, all lands owned by himand held by under–raiyats at such commencement shall, subject to theprovisions of sub–section (2) of section 102, be deemed to have beenreserved for his personal cultivation.
Explanation: Anytransfer of land made on or after the 10th August, 1957 shall be disregarded indetermining the extent of land owned by a raiyat at the commencement of thisAct.
104.Non-resumable land: The competent authority shalldeclare every land which, under sub–section (3) of section 101, an underraiyat is allowed to retain to be the non–resumable land of the under–raiyat.
105.Right to lease: (1) Subject to the provisionsof this Act, a raiyat may lease out his land to another person on such rent notexceeding the maximum rent referred to tin section 111 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 every such period offive years, 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 sameterms and conditions except to the extent that a modification there ofconsistent with this Act is agreed to by booth parties.
(3) In respect of any leasemade after the commencement of this Act, a raiyat who is a member of the Armedforces of the Union, on his discharge from service or posting to the reserve,may by giving the under–raiyat three months’ notice in writing beforethe expiry of any year, and any other raiyat may by giving the under–raiyatone year’s notice in writing before the expiry of any term of five years,terminate the tenancy if the raiyat requires the land bona fide for personalcultivation by him.
106.Land left uncultivated: (1) Where the Collector issatisfied that any land has remained uncultivated for a period of not less thantwo consecutive years otherwise than in accordance with rules made in thisbehalf under this Act,, and that it is necessary for the purpose of ensuringthe full and efficient use of the land for agriculture to do so, be may aftermaking such inquiry as may be prescribed lease out the land in accordance withthe rules made under this Act.
(2) any lease made under sub–section(1) shall be deemed to be a lease made by the raiyat under sub–section(1) of section 105.
107.Relinquishment: (1) Subject to any rules thatmay be made under this Act, a raiyat may relinquish his rights in respect ofany land in his possession in favour of Government by giving a notice inwriting to the competent authority in such from and manner as may beprescribed, not less than three months before the close of any year andthereupon he shall cease to be a raiyat in respect of that land from the yearnext following the date of notice:
Provided that relinquishment ofonly a part of a hiding or of a holding which, or part of which, is subject toan encumbrance to 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 UNDER-RAIYATS
108.Interest of under raiyats: (1) The interest of an under–raiyatin any land held by him as such shall be heritable but, save as otherwiseprovided in this Act, shall not be transferable.
(2) No under–raiyatshall be evicted from his land except as provided in this Act.
109.Right to create a mortgageof charge: It shall be lawful for anunder–raiyat to create a simple mortgage to a charge on his interest inthe 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.
110.Right to make improvements: An under–raiyat may,with the permission in writing of the raiyat, or if permission is refusedwithout sufficient reason or is not given within two months, after obtainingthe orders of the competent authority in the prescribed manner, make at his ownexpense any improvement to the land held by him, but shall not become liable topay a 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.
111.Maximum rent: The rent payable by an under–raiyatin respect 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 supplied by the raiyat and one–fifth of suchproduce or its value as so estimated if plough cattle is not supplied by theraiyat;
(b) in any other case, fourtimes the land revenue payable is respect of the land.
112.Payment of rent: (1) The rent payable by anunder–raiyat shall, subject to the provisions of section 111, be therent agreed upon between him and the raiyat, or where there is no suchagreement, the reasonable rent.
(2) The rent shall be paid atsuch times and in such manner as may have been agreed, upon, or the absence ofsuch agreement, as may be prescribed.
113.Reasonable rent: (1) The competent authoritymay, on application made to it in this behalf by the raiyat or the under–raiyat,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 raiyat or the under–raiyat;
(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 years 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 expenses of the raiyat;
(c) that the extent of land hasbeen altered by more than one acre by alluvion or diluvion;
(d) that the land has beenpartially or wholly rendered unfit for cultivation.
(5) Nothing in sub–sections(1) to (4) shall affect the right of the Government to make an order directingthe determination of the reasonable rent of lands in any specified area.
114.Commutation of rent payablein kind: (1) In any case in which rentis payable in kind, the raiyat or the under–raiyat may apply in writingto the competent authority in the prescribed form and manner, for commuting therent into money rent.
(2) On receipt of suchapplication, the competent authority shall after giving notice to the otherparty, determine the money rent payable for the land in accordance with thefollowing provisions but not exceeding the maximum rent specified in section111.
(3) In determining the moneyrent, regard shall be had to–
(a) the average money rentpayable by under–raiyats for land of similar description and withsimilar advantages in the vicinity;
(b) the average value of therent for the land actually received by the raiyat during the three yearspreceding the date 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 raiyat or the under–raiyat; and
(e) any other factor which maybe prescribed.
115.Receipt for payment ofrent: Every raiyat 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.
116.Refund of rent recovered inexcess: If any raiyat recovers from anunder–raiyat rent in excess of the amount due under this Act, he shallforthwith refund the excess amount so recovered and shall also be liable topunishment as provided I this Act.
117.Suspension or remission ofrent: (1) Where a raiyat 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 under–raiyatconcerned shall be entitled to receive from the raiyat, a corresponding orproportionate relief by way of suspension or remission of rent payable inrespect of such land.
(2) The nature and extent ofthe relief which a raiyat is bound to give and which the under–raiyat isentitled to receive under sub–section (1) shall be determined inaccordance with the rules made under this Act.
(3) No suit shall lie and nodecree of a civil court shall be executed for the recovery by a raiyat of anyrent the payment of which has been remitted, or during the period for which thepayment of such rent has been suspended, under this section.
(4) The period during which thepayment of rent is suspended under this sections shall be excluded in computingthe period of limitation for any suit or proceeding for the recovery of suchrent.
(5) If any raiyat fails to suspendor remit the payment of rent as provided in sub–section (1), he shall beliable to refund to the under–raiyat the amount recovered by him incontravention of the provisions of this section and shall also be liable topunishment as provided in this Act.
118.Eviction under-raiyat: (1) No person shall be evictedfrom any land held by him as under–raiyat except under the order of thecompetent authority made on any of the following grounds, namely; –
(a) that the land has beenreserved for personal cultivation of the raiyat under section 101, or is deemedto have been reserved for personal cultivation of the raiyat under section 103;
(b) that a notice has beengiven to the under–raiyat under sub–section (3) of section 105;
(c) that the under–raiyathas intentionally and wilfully committed such acts of waste as are calculatedto impair materially or permanently the value or utility of the land foragricultural purposes;
(d) that the under–raiyathas failed to pay rent within a period of three months after it falls due:
Provided that the competentauthority may, if it think fit, grant further time not exceeding six months forpayment of the rent;
(e) that the under–raiyatnot being a person under disability, has after the commencement of this Act,sublet the land without the consent in writing of the raiyat.
(2) No order for eviction of anunder–raiyat, not being a person executed till the standing crops, ifany, on the land are harvested.
(3) Where any land has beenreserved for the personal cultivation of a raiyat by an order made under sub–section(3) of section 101, no suit or application for the eviction of the under–raiyatin respect of such land under clause (a) of sub–section (1) shall lieafter the expiry of five years from the commencement of this Act or one yearfrom the date of the said order, whichever is later;
Provided that where any suchraiyat is a person under disability, such suit or application may be institutedor made within a period of five years from the date when the disability ceases.
Explanation: For thepurpose of this sub–section, the disability of a person shall cease, –
(a) in the case of a widow, ifshe re–marries, on the date of her remarriage or if any person succeedsto the 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 on thedate of her marriage or remarriage, as the case maybe, 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.
119.Restoration of possessionof land to under-raiyat: Where a person who has taken possession of any land by evicting anunder–raiyat therefrom on the ground that the land had been reserved forpersonal cultivation by him, fails to cultivate such land personally within oneyear from the date on which he took possession thereof or ceases to cultivatesuch land personally in any year during a period of four years next following,the under–raiyat shall be entitled to be restored to possession of theland from which 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.
120.Certain lands to benon-resumable land of under-raiyat: If a raiyat falls to–
(a) apply for reservation ofany land within the period prescribed, in section 100, and the land is notdeemed to have been reserved under section 103, or
(b) file a suit or applicationfor the eviction of the under–raiyat from any land reserved undersection 101 within the period prescribed in sub–section (3) of section118, or
(c) cultivate or ceases tocultivate the land and the under–raiyat is restored to possession of theland under section 119,
the competent authority may suomotu and shall, on application, after making such inquiry as may be prescribed,declare that land to be the non–resumable land of the under–raiyat.
121.Compensation forimprovements: (1) Anunder–raiyat who had made any improvement at his own expense on the landleased to him shall, if he is to be evicted under the provisions of thisChapter, be entitled to receive compensation, before he is so evicted, for suchimprovement as, in the opinion of the competent authority, is reasonable.
(2) The compensation payable toan under–raiyat under sub–section (1) shall be determined inaccordance with the value of such improvements on the date of eviction, and indetermining such compensation, regard shall be had to the following mattersnamely: –
(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 under–raiyat in consideration of the improvement made by him.
(3) In any case in whichcompensation is payable to an under–raiyat under this section, thecompetent authority may direct that, –
(a) the whole or any part ofany loan which the under–raiyat has taken on the security of hisinterest in the land under section 109 and which is outstanding shall bededucted form such compensation and paid to the Government or the co–operativesociety, as the case may be;
(b) any arrear of rent due bythe under–raiyat to the raiyat and the costs, if any, awarded to theraiyat shall be adjusted against the compensation.
122.Under-raiyat may removebuilding, works, etc., not deemed improvements: An under–raiyat against whom an order ofeviction has been passed, shall be entitled to remove within such time as isdeemed reasonable by the competent authority any work of improvement which canbe served from the land and which the under–raiyat desires to remove, orany building or construction or work (which is not an improvement) in respectof which the raiyat is not willing to pay the compensation.
123.Restoration of possessionof land in certain other cases: (1) Where an under–raiyat of any land has, on or after the10th August, 1957, surrendered, or been evicted from such land and thesurrender or eviction could not have taken place If this Act had been in forceon the date of such surrender or eviction, the competent authority may, suomotu or on application made by the under–raiyat, restore him topossession of the land which he surrendered or from which he w as evictedunless some other under–raiyat, not being a member of the raiyat’sfamily, had bona fide been admitted to possession of such land.
(2) The competent authorityshall, before making an order under sub–section (1), make such inquiryas may be prescribed.
124.Relief against terminationof tenancy for act of waste: Where a tenancy is sought to be terminated on the ground that theunder–raiyat has materially impaired the value or utility of the landfor agricultural purposes, if the damage to the land admits of being repairedor if pecuniary compensation would afford adequate relief, no proceeding foreviction shall lie against the under–raiyat unless and until the raiyathas served on the under–raiyat a notice in writing specifying the damagecomplained of and the under–raiyat has failed within a period of oneyear from the service of such notice to repair the damage or to paycompensation therefor.
125.Surrender of land byunder-raiyat: (1)After the commencement of this Act, no under–raiyat shall surrender anyland held by him as such, and no raiyat shall enter upon the land surrenderedby the under–raiyat, without the previous permission in writing of thecompetent 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 under–raiyatimmediately before the commencement of this Act, the permissible limit of theraiyat concerned is not exceeded by such surrender; in other cases, thepermission shall be refused.
(3) Where permission is refused in any case,and the under–raiyat gives a declaration 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 under–raiyat who relinquished his rights.
126.Transfer of ownership ofland to under-raiyats: Subject to the other provisions of this Act, the ownership of anyland which is declared to be the non–resumable land of an under–raiyatunder section 104 or section 120 shall stand transferred from the raiyatthereof to the under–raiyat with effect from the date of suchdeclaration, and the under–raiyat shall become the owner of such landand be liable to pay land revenue therefor.
127.Compensation to raiyat: (1) In respect, of every landthe ownership of which stands transferred to the under–raiyat undersection 126, the raiyat shall be entitled to compensation which shall consistof the aggregate 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 raiyat.
Explanation: Where anyimprovement has been made on the land at the expenses of the raiyat at any timesubsequent to the last settlement, the land revenue for the purpose of thissection 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 raiyat entitled tocompensation under this section shall, within a period of six months from thedate of the declaration referred to in section 126, apply to the competentauthority in the prescribed manner for determining the compensation.
128.Payment of compensation toraiyat: (1) The compensation to whicha raiyat is entitled under section 127 shall be paid to him by the Governmentin the first instance, and it may be paid in cash, in lump sum or in annualinstalments not exceeding twenty or in the form of bonds which may benegotiable or non–negotiable but transferable.
(2) From the date of thedeclaration referred to in section 126, the raiyat shall be entitled tointerest at the rate of 2 1/2 percent annum of the compensation or such portionthereof as remains unpaid.
(3) Any mortgage, of, orencumbrance on, the land of which the ownership is transferred to the under–section126 shall be a valid charge on the amount of compensation payable to theraiyat.
(4) Notwithstanding anythingcontained in sub–sections (1) to (3), where the person entitled tocompensation under section 127 is a charitable or religious institution, thecompensation shall instead of being assessed under that section, be assessed asa perpetual annuity equal to the reasonable rent for the land, less the landrevenue payable on such land. The amount so assessed shall be paid to suchinstitution in the prescribed manner.
129.Under raiyat to paycompensation amount: (1) Every under–raiyat to whom ownership of any land hasbeen transferred under section 126 shall be liable to pay to the Government inrespect of that land compensation as determined under section 127.
(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 recoverable in the same manner as an arrear of landrevenue.
130.Issue of certificate tounder-raiyats: When thecompensation or the first instalment of the compensation, as the case may be,has been paid by the under–raiyat, the competent authority may suo motuand shall, on application made to it in this behalf, issue to the under–raiyata certificate in the prescribed form declaring him to be the owner of the landspecified therein.
131.First option to purchase: (1) If a raiyat at any timeintends to sell his land held by an under–raiyat, he shall give noticein writing of his intention to such under–raiyat and offer to sell theland o him. In case the latter intends to purchase the land, he shall intimatein writing his readiness to do so within two months from the date of receipt ofsuch notice.
(2) If there is any disputeabout the reasonable price payable for the land, either the raiyat or the under–raiyatmay apply in writing to the competent authority for determining the reasonableprice; and the competent authority, after giving notice to the other party andto all other persons interested in the land and after making such inquiry as itthinks fit, shall fix the reasonable price of the land which shall be theaverage of the prices obtaining for similar lands in the locality during theten years immediately preceding the date on which the application is made.
(3) The under–raiyatshall deposit with the competent authority the amount of the price determinedunder sub–section (2) within such period as may be prescribed.
(4) On deposit of the entireamount of the reasonable price, the competent authority shall issue acertificate in the prescribed from to the under–raiyat declaring him tobe the purchaser of the land; the competent authority shall also direct thatthe reasonable price deposited shall be paid to the raiyat.
(5) If an under–raiyatdoes not exercise the right under sub–section (1) or fails to depositthe amount of the price as required by sub–section (3), such under–raiyatshall forfeit his right of purchase, and the raiyat shall be entitled to sellsuch land to any other person.
(6) The forfeiture of the rightto purchase any land under this section shall not affect the other right of theunder–raiyat in such land.
132.Power to make rules: (1) The Administrator may, bynotification in the Official Gazette, make rules for carrying our the purposesof this Part.
(2) In particular, and withoutprejudice to the generality of the foregoing power, such rules may provide for–
(a) the form of notices to beissued under this Part and the manner of their service;
(b) the manner of holdinginquiries under this Part;
(c) the circumstances in withand the period for which land used for agricultural purposes may be leftuncultivated;
(d) the conditions subject towhich lands may be leased by the Collector under section 106;
(e) the from of application 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 this Part;
(g) the time and manner ofpayment of rent by the under raiyat;
(h) the from of receipt forrent to be given by the raiyat;
(i) the factors to be takeninto account in determining reasonable rent for land and in commuting rent inkind into money rent;
(j) the nature and the extentof relief to the under–raiyat in cases of suspension or remission ofland revenue by the Government;
(k) the determination of compensationfor improvements to under–raiyats who are evicted from land;
(l) the grant of permission tosurrender land;
(m) the determination of theamount of compensation payable to the raiyat in respect of the non–resumablelands of under–raiyats who are evicted from land;
(n) the from of certificates tobe granted to under–raiyats;
(o) the determination of theprice to be paid by under–raiyat for land in respect of which the firstoption to purchase is exercised;
(p) any other matter which isto be or may be prescribed.
ACQUISITION OF ESTATES AND OF RIGHTS OF INTERMEDIARIES THEREIN
133.Definitions: In this part, –
(a) "estate" meanslands included under one entry in any of the general registers of revenue–payingand revenue–free lands and includes–
(i) revenue–free landsnot entered in any register, and
(ii) a part of, or a share in,an estate;
(b) "homestead" meansa swelling house together with any courtyard, compound, garden, or outhouse andincludes any out–buildings used for purposes connected with agricultureand any family graveyard, library, office, guesthouse, grain store, latrines,boundary walls, tanks, wells or places of worship appertaining to such dwellinghouse;
(c) "intermediary"means a person who holds in an estate the right, title or interest of atalukdar and includes–
(i) a person who holds landeither revenue–free or at a concessional rate, and
(ii) a tenure holder;
(d) "tenant" means aperson who cultivates or holds the land of an intermediary 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 an intermediary under the system generally known as "bhag", "adhi"or "barga"; and the term "sub–tenant" shall beconstrued accordingly;
(e) "tenure holder"means a person who has acquired from an intermediary the right to hold landsfor the purpose of collecting rents or bringing them under cultivation byestablishing tenants thereon.
134.Notification vestingestates in the State: (1) As soon as may be after the commencement of this Act, theAdministrator may, by notification in the Official Gazette, declare that, witheffect from the date specified in the notification (hereinafter referred to asthe vesting date), all estates situated in any area or areas and all rights,title and interest or every intermediary in such estates shall vest in theGovernment free from all encumbrances.
(2) Every notification undersub–section (1) shall also be published in such other manner as may beprescribed.
(3) The publication ofnotification in the manner provided in sub–sections (1) and (2) shall beconclusive evidence of the notice of declaration to the intermediaries whoseinterests are affected by such notification.
135.Consequences ofnotification under section 134: Notwithstanding anything contained in any law for the time beingin force or in any agreement or contract, express or implied, with effect fromthe vesting date, –
(a) each estate to which thenotification relates and all rights, title and interest of intermediaries insuch estate shall vest in the Government free from all encumbrances, including–
(i) rights in hats, bazaars,ferries, forests, wastelands, abadi sites, fisheries, tolls and otherinterests;
(ii) rights in any buildingother than a dwelling house or in any part of such building, used primarily asoffice or cutcherry for collection of rent;
(b) all grants and confirmationof title to the estate and rights therein made in favour of an intermediaryshall cases and determine;
(c) any building used foreducational or charitable purpose and held by the intermediary shall vest inthe Government for those education al or charitable purposes;
(d) subject to the otherprovisions of this Act, every tenant holding any land under an intermediaryshall hold the same directly under the Government as a raiyat thereof and shallbe liable to pay to the Government land revenue equal to the rent payable byhim to the intermediary on the vesting date, subject to a maximum of the valueof one–eighth of the gross produce which value shall be determined inthe manner prescribed;
Provided that the tenant shallbecome the owner of nay building or structure constructed on such land at theexpense of the intermediary on payment of such compensation to the intermediaryas is equivalent to its market value on the vesting date, which value shall bedetermined in accordance with the rules made in this behalf;
(e) all arrears of land revenuelocal rates, cesses and other dues lawfully payable to the Government by theintermediary on the vesting date in respect of the estate shall withoutprejudice to any other mode of recovery, be recoverable by deduction from thecompensation payable to the intermediary;
(f) all rents and other dues inrespect of the estate for any period after the vesting date which, but for thisAct, would be payable to an intermediary shall be payable to the Government andnay payment made in contravention of this clause shall not be valid dischargeof the person liable to pay the same.
(g) where under any agreementor contract made between the vesting date, any rent, cess, local rate or otherdues for nay period after the said date has been paid to or compounded of releasedby an intermediary, the same shall, notwithstanding such agreement or contract,be recoverable by the Government from the intermediary, and may, withoutprejudice to any other mode of recover, be realised by deduction for thecompensation payable to the intermediary.
136.Rights of intermediary tocertain lands: (1)Notwithstanding anything contained in section 134 and 135 an intermediaryshall, subject to the provisions of sub–section (2), be entitled toretain with effect from the vesting date, –
(a) homesteads, buildings andstructures together with the lands appurtenant thereto in the occupation of theintermediary other than buildings vested in the Government under section 135;
(b) lands under the personalcultivation of the intermediary;
(c) lands in which permanentrights have not already accrued to a tenant under any custom, agreement or lawand which have been leased by an intermediary who, both at the commencement ofthe lease and on the vesting date, was a person under disability;
(d) lands held by theintermediary as mortgagor which are subject to usufructuary mortgage and areunder the personal cultivation of the mortgagee;
(e) lands comprised in orchardsor used for the purpose of live–stock breeding, poultry farming, ordairy farming, which are in the occupation of the intermediary;
(f) so much of the landscomprised in a tea garden, mill, factory or workshop as in the opinion of theAdministrator is required for such tea garden, mill, factory or workshop.
(2) An intermediary who is entitled to retainpossession of any land under sub–section (1) shall hold such landdirectly under the Government from the vesting date as a raiyat thereof and beliable to pay therefor land revenue at full rate applicable to similar lands inthe locality.
137.Collector to take charge ofestates, etc., vested in the Government: (1) The Collector shall take charge of estates andinterests of intermediaries which vest in the Government under section 135.
(2) For the purpose aforesaid,the Collector may, by written order served in the prescribed manner, requireany intermediary or other person in possession of any such estate or interestto give up such possession by a date to be specified in the order (which shallnot be earlier than sixty days from the date of service of the order) or todeliver by that date any documents, registers, or records, connected with themanagement of such estate or interest which are in his custody or to furnish astatement in the prescribed from in respect of such estate or interest.
(3) The Collector or any otherofficer authorised by him in this behalf may take such steps or use such forceas may be necessary to enforce compliance with the order and may also enter anybuilding or place for the purpose of taking possession of the documents,registers or records referred to in sub–section (2).
(4) An intermediary shall beentitled to make inspection of any documents, registers or records which havebeen delivered to or taken possession of by the Collector, to make notestherefrom or to have certified copies thereof granted to him. No fees shall becharged for making inspection or for making notes, but fees may be charged,according to the prescribed scale, for the grant of certified copies.
(5) Nothing in this Sectionshall be deemed to authorise the collector to take possession of–
(a) any land or of any right ofan intermediary therein, which may be retained by the intermediary undersection 136, or
(b) any religious institutionor any building connected therewith.
138.Decision of disputes: If there is any dispute as tothe possession of any homestead or land or building referred to in sub–section(1) of section 136, the Collector shall, on application made to him in thisbehalf make such inquiry as he deems fit and pass such orders thereon as mayappear to him just and proper.
139.Appeal: An appeal against an order ofthe Collector passed under section 138, if preferred within sixty days of suchorder, shall lie to the District Judge having jurisdiction.
ASSESSMENT AND PAYMENT OF COMPENSATION
140.Intermediaries entitled toreceive compensation: Every intermediary, whose right, title and interest in any estatevest in the Government under Chapter XI shall be entitled to receive and bepaid therefor compensation as hereinafter provided.
141.Date from whichcompensation shall be due: The compensation referred to in section 140 shall be due as fromthe vesting date and the portion remaining unpaid shall carry interest at therate of 2 1/2 percent per annum.
142.Every intermediary to betreated as a separate unit: (1) For the purpose of assessing compensation under this Chapter,-
(a) every intermediary shall betreated as a separate unit;
(b) if two or moreintermediaries hold an estate or any interest therein jointly, the share ofeach intermediary in such estate or interest shall be treated as a separateunit;
Provided that where any suchestate or interest is held by a Hindu joint family consisting of a commonancestor in the male line and his descendants, the family shall if the commonancestor was alive on the vesting date, be treated as one unit;
(c) if an intermediary holdsshares or interest in two or more estates, the aggregate of his shares orinterest in all such estates shall be treated as a single unit.
(2) Notwithstanding anything tothe contrary contained in any other law, no partition or transfer by way ofsale or gift of an estate or part thereof made on or after the 10th August,1957, shall be recognised for the purpose of assessing the compensation.
(3) Nothing in sub–section(2) shall apply to –
(a) any sale made under anorder of court in execution of any decree or order for payment, of money or
(b) any sale or gift made infavour of a wakf, a trust, an endowment or a society registered under theSocieties Registration Act, 1860 (21 of 1860) and established wholly forcharitable purposes unless the Government in any particular case directsotherwise.
143.Appointment of compensationofficers: The Administrator shall, assoon as possible after the publication of a notification under section 143,appoint one or more officers to be compensation officers to preparecompensation assessment rolls and to perform such other duties as may beprescribed.
144.Compensation assessmentroll:(1) The compensation officershall prepare a compensation assessment roll in respect of every estate vestedin the Government under Chapter XI.
(2) The compensation assessmentroll shall contain particulars of the gross income and the net income from theestate, the share of the net income of the intermediary or each of theintermediaries, the amount of compensation payable to him or him or them andsuch other particulars as may be prescribed.
(3) Where an intermediary hasshares or interest in two or more estates all of which have vested in theGovernment, the income from all such estates and the compensation payable tohim in respect of his shares or interest in all such estates shall be shown inthe compensation assessment rill relating to any one of such estates
(4) Where an intermediary hasshares or interest in two or more estates either or any of which has not vestedin the Government, the compensation payable to the intermediary shall bedetermined after all such estates have vested in the Government, on the basisof the aggregate of his shares or interest in the net income from all suchestates.
(5) Nothing in sub–section(4) shall be construed as authorising the postponement of payment of ad interimcompensation to any such intermediary as is referred to in that sub–sectionin respect of the estate or estates which have vested in the Government.
(6) For the purpose ofpreparing the compensation assessment roll, the compensation officer mayrequire an intermediary to submit such statements and furnish such particularsas may be prescribed.
145.Determination of grossincome and net income: (1) For the purpose of assessment of compensation payable inrespect of an estate, –
(a) the gross income from theestate shall be taken to consist of–
(i) in respect of lands otherthan those referred to in section 136, the rents, cesses, local rates and otheramounts payable or deemed to be payable to the intermediary or intermediariesby the tenants and tenure–holders for the previous year, including thecommuted value of rents payable in kind which value shall be determined in theprescribed manner;
(ii) the gross income fromabadi sites, fisheries, hats, bazaars, ferries, forests, tolls, waste lands andother interests in the estate for the previous year;
(iii) the aggregate of theannual rents for the previous year from buildings used as offices orcutcherries and any other building which vest in the Government;
(iv) any other income duringthe previous year appertaining to the estate vesting in the Government not expresslymentioned in the foregoing sub–clauses;
(b) the net income from theestate shall be computed by deducting from the gross income the following,namely: –
(i) any sum which was payableby the intermediary or intermediaries during the previous year as land revenue,cesses, local rates or rent to the Government in respect of the interests towhich the gross income relates;
(ii) any sum payable under theBengal Agricultural Income–tax Act, 1944, as extended to Tripura or theIndian Income–tax Act, 1922 (Ben VI of 1944.II of 1922), during theprevious year as defined in these Acts, in respect of the interests to whichthe gross income relates;
(iii) Charges on account ofmanagement and collection at the following rates, namely: –
Amount of gross income Rate
(a) Where the gross income exceeds Rs.30,000. 15 per centum of such gross income.
(b) Where the gross incomeexceeds Rs.10,000 121/2 per centum of such gross income.
but does not exceed Rs 30,000.
(c) Where the gross income exceeds Rs.5,000 10 per centum of such gross income.
but does not exceed Rs.10,000.
(d) Where the gross income exceeds Rs.2,500 7 1/2 per centum of such gross income
but does not exceed Rs.5,000
(e) Where the gross in come does not 5per centum of such gross income:
Provided that the net income(after deducting the charges on account of management and collection) from anestate which fails under item (a), (b), (c) or (d) shall in no case be lessthan the maximum net income from an estate which falls under the itemimmediately followed.
The net income after deductingthe charges on account of management and collection at 12 1/2 percent underitem (b) from an estate the gross income of which is Rs.10,100 will beRs.8,837.50 while the net income after deducting the charges on account ofmanagement at 10 percent under item (c) from an estate the gross incomeof which is Rs.10,000 will be Rs.9,000; under the proviso, the net income fromthe first mentioned estate shall be taken to be Rs.9,000 and not Rs.8,837.50.
(2) The net income from theestate as determined under sub–section (1) shall be apportioned amongall the intermediaries having a share or interest in the estate in theproportion of their shares or interest, and if in doing so, any disputeinvolving a question of title arises, the compensation officer shall refer theparties to a civil court.
Explanation: For thepurpose of this section except clause (b) (ii) of sub–section (1),"previous year" means the year immediately preceding the year inwhich the vesting date falls.
146.Compensation payable tointermediary: (1) Thecompensation payable on an intermediary shall be a multiple of his net incomefrom the estate or where the intermediary has shares or interests in two ormore estates, of the aggregate of his net incomes from all such estates, inaccordance with the following table, namely: –
Amount of net income Totalcompensation payable
(a) Where the net income does not exceed Rs.1000. Fifteen times such net income.
(b) Where the net income exceeds RS.1000 Twelve times such net income or themaximum amount under (a)
but does not exceed RS.2,500. above,whichever is greater.
(c) Where the net income exceeds RS.2,500 Eleven times such net income or themaximum amount under (b)
but does not exceed RS.5,000. above,whichever is greater.
(d) Where the net income exceeds Rs.5,000 Ten times such net income or themaximum amount under (c)
but does not exceed RS.7,500. above,whichever is greater.
(e) Where the net income exceeds Rs.7,5000 Nine times such net income or themaximum amount under (d)
but does not exceed RS.10,000. above, whichever isgreater.
(f) Where the net income exceeds Rs.10,000 Eight times such net income or themaximum amount under (e)
but does not exceed RS.15,000. above, whichever is greater.
(g) Where the net income exceeds Rs.15,000 Seven times such net income or themaximum amount under (f)
but does not exceed RS.30,000. above, whichever isgreater.
(h) Where the net income exceeds RS.30,000 Six times such net income or the maximumamount under (g)
but does not exceed RS.50,000. above, whichever isgreater.
(i) Where the net income exceeds RS.50,000 Five times such net income or the maximumamount under (h)
but does not exceed Rs.1,00,000. above, whichever isgreater.
(j) Where the net income exceeds RS.1,00,000 Three times such net income or the maximumamount under (i) above, whichever is greater.
(k) Where the net income exceeds RS.3,00,000 Two times such net income or the maximumamount under (j) above, whichever is greater.
(2) Where the net income or anyportion of the net income from an estate is dedicated exclusively to charitableor religious purposes, the compensation payable in respect of such net incomeor portion shall, instead of being assessed under sub–section (1), beassessed as a perpetual annuity equal to such net income or portion, as thecase may be, payable in the prescribed manner for those purposes.
Explanation: For thepurpose of this sub–section, if the salary, remuneration or anyallowance payable to the Mutawalli of a wakf or the shebait of a Hindu templeor a trustee of any other charitable or religious trust does not exceed 15percent of the net income, then such net income shall be deemed to bededicated exclusively to charitable or religious purposes.
147.Disposal of claims ofcreditors: (1) TheAdministrator shall appoint a claims officer not below the rank of sub–judgeto dispose of the claims of creditors whose debts are secured by a mortgage ofor charge on any estate or part thereof vested in the Government under section134 and to discharge any other duties assigned to him by this Act or the rulesmade thereunder.
(2) Every creditor referred toin sub–section (1) shall prefer his claim in writing before the claimsofficer in the manner and within the time prescribed.
(3) The claims officer shallinquire into the claims in accordance with such rules as may be prescribed anddetermine the amount to which each of the creditors is entitled.
(4) Where there are two or morecreditors, the claims officer shall determine, in accordance with theprovisions of the Transfer of Property Act, 1882, the order in which each suchcreditor is entitled to receive the amount due to him.
148.Appeal against the decisionof claims officer: (1) Any person aggrieved by an order of the claims officer may,within sixty days of the date of the order, prefer an appeal to the DistrictJudge having jurisdiction.
(2) The decision of theDistrict Judge on appeal, or of the claims officer where no appeal is preferred,shall be final.
149.Preliminary publication ofcompensation assessment roll and disposal of objections: (1) After the amount ofcompensation has been determined in accordance with the provisions of section146 and entered in the compensation assessment roll, the compensation officershall cause a draft of such roll to be published in the prescribed manner andfor the prescribed period, The Compensation officer shall send copies of therelevant portions of the draft roll to the intermediaries concerned and shallreceive and consider any objections which may be made within three months ofthe receipt of such copy to any entry therein or to any omission therefrom. Thecompensation officer shall dispose of such objections in the prescribed manner.
(2) Separate draft compensationassessment rolls may be prepared and published under sub–section (1) fordifferent villages or groups of villages.
150.Contents of the order ofcompensation officer: Every order of the compensation officer deciding an objection undersub–section (1) of section 149 shall contain a concise statement of thecase, the points for determination, the decision thereon and the reasons forsuch decision.
151.Appeals against order ofcompensation officer: (1) From every order passed by a compensation officer undersection 150, an appeal shall lie to a Special Judge appointed for the purpose,within ninety days of the date of the order.
(2) An appeal shall lie to thecourt of the Judicial Commissioner from every order passed on appeal by a SpecialJudge under sub–section (1), within sixty days of the passing of suchorder, on any of the grounds specified in section 100 of the Code of CivilProcedure, 1908.
(3) The decision of theJudicial Commissioner, or of the Special Judge where no second appeal ispreferred, shall be final.
152.Final publication of thecompensation assessment roll: (1) Where no objection or appeal has been filed or all theobjections and appeals filed have been finally disposed of, the roll to befinally published, or make such alterations in the draft compensationassessment roll as may be necessary to give effect to any order passed onobjection made under sub–section (1) of section 149 or on appeal undersection 151 and cause the roll as so altered to be finally published, in theprescribed manner together with a certificate stating the fact of such finalpublication and the date thereof.
(2) The publication of thecompensation assessment roll under sub–section (1) shall be conclusiveevidence that the said roll had been duly made under this Chapter and everyentry in such roll shall, save as otherwise provided in this Act, be conclusiveevidence of the matters referred to in such entry.
153.Correction of bona fidemistakes: (1) No correction of thecompensation assessment roll after it has been finally published under section152 shall be made except as provided in this section.
(2) Correction of bona fidemistakes or corrections necessitated by succession to or inheritance of anyinterest in the estate can be made by the compensation officer at any timebefore the payment of compensation either of his own motion or on theapplication of the person interested, but no such correction shall be madewhile any legal proceeding affecting such entry is pending.
(3) Every time a correction ismade under sub–section (2), the compensation officer shall cause a draftof the correction to be published in the same manner as the draft compensationassessment roll and after considering and disposing of any objections that maybe made, shall cause the correction to be finally published.
154.Ad interim payment ofcompensation: Afterthe vesting date and before the final publication of the compensationassessment roll, ad interim payment to the outgoing intermediary may be made asfollows: –
(a) the compensation officershall calculate the probable amount of compensation payable to him;
(b) two and a half percent ofsuch probable amount shall be paid ad interim to each intermediary in cashevery year until such time as the compensation assessment roll is finallypublished;
(c) if there is any dispute asto the title of any person to receive the amount or as to the apportionment ofit, the amount shall be kept in deposit in the manner prescribed until thedispute is finally determined; and on such determination, the compensationofficer shall pay the amount or the portion thereof to the person or personsentitled to receive the same.
155.Mode of payment ofcompensation: (1) Afterthe compensation assessment roll has been finally published, the compensationofficer shall deduct from the amount shown in such roll as payable to anintermediary or any other person having interest in the estate, the followingamounts, namely: –
(a) ad interim payments madeunder section 154;
(b) the amount, if any, thededuction of which has been ordered under section 135;
(c) the amounts payable tocreditors as determined by the claims officer.
(2) The balance remaining afterthe deductions referred to in sub–section (1) are made shall be given ineach, in one lump sum or in annual instalments not exceeding twenty, or inbonds, or partly in cash and party in bonds, in accordance with such rules asmay be prescribed.
(3) The bonds referred to insub–section (2) may be either negotiable or non–negotiable, andtransferable in such circumstances and in such manner as maybe prescribed andshall carry interest at the rate of two and a half percent per annum on theamount outstanding thereon, with effect form the date of issue.
(4) If any dispute arises as tothe title of any person to receive the amount or as to the apportionment of it,the compensation officer may, if he thinks fit, keep the amount of compensationor the bonds referred to above in deposit in the manner prescribed until thedispute is finally determined; and on such determination, the compensationofficer shall pay the amount or the portions thereof to the person or personsentitled to receive the same.
156.Compensation due tomaintenance holder: (1) If any person claiming as maintenance holder to be entitled toany portion of the compensation awarded to any intermediary under this Chapterapplies to the compensation officer for payment of the same to him, thecompensation officer may, with the consent of the intermediary, direct thepayment to the applicant out of the compensation of such amount as theintermediary may have agreed to be paid to the applicant, and any such paymentshall be valid discharge of the liability of the Government in respect of theamount so paid.
(2) If the intermediary doesnot give his consent, the compensation officer shall direct the applicant tofile, within three months, a suit or other proceeding in the court havingjurisdiction to establish his claim and order that the amount claimed shall notin the meantime be paid to the intermediary.
(3) The Government shall not bemade party to any suit or proceeding instituted or commenced in pursuance ofany direction given under sub–section.(2).
(4) If the suit or proceedingreferred to in sub–section (2) is instituted or commenced within theperiod aforesaid, the compensation officer shall place the amount claimed atthe disposal of the court before which such suit or proceeding is instituted.
Explanation: For thepurpose of this section, a maintenance holder means a person entitled toreceive maintenance under a registered deed, decree or order of court.
157.Compensation due to personincompetent to alienate: If any intermediary entitled to receive compensation in respect ofany interest is a person incompetent to alienate such interest, thecompensation officer shall keep the amount of compensation payable in respectof such interest, whether in cash or in bonds, in deposit with the Collectorwho shall arrange to invest the cash or the income from the bonds in the purchaseof such Government or other approved securities as the Collector thinks fit andshall direct the payment of the income from such investment to the intermediarywho would for the time being have been entitled to hold and enjoy such interestif it had not vested in the Government; and such cash, bonds and securitiesshall remain so deposited until they are mode over to any person or personsbecoming absolutely entitled thereto:
Provided that nothing hereincontained shall affect the liability of any person who may receive the whole orany part of any compensation under this section to pay the same to the personlawfully entitled thereto.
158.Inquiries to be judicialproceedings: TheCollector, the compensation officer and the claims officer, for the purposes ofany inquiries or proceedings under this Part, shall have the same powers as arevested in a court under the Code of Civil Procedure, 1908 (5 of 1908) inrespect of–
(a) enforcing the attendance ofany person and examining him on oath or affirmation;
(b) compelling the productionof documents; and
(c) issuing commission of theexamination of witnesses;
and such inquiries orproceedings shall be deemed to be judicial proceedings within the meaning ofsection 193 and 228 of the Indian Penal Code (45 of 1860).
(a) Wilfully fails or neglectsto comply with any requirements made of him under this Part, or,
(b) contravenes any lawfulorder passed under this part, or
(c) obstructs or resists thetaking by the Collector or any other officer authorized by him writing ofcharge of any property which is vested in the Government under this Part, or
(d) furnishes information whichhe knows or believes to be false or does not believe to be true,
shall on conviction before aMagistrate, be punishable with fine which may extent to five hundred rupees.
160.Application of Part III topersons becoming raiyats or under-raiyats under Part IV: Where, as a result of theoperation of this Part, any person acquires the right to hold land either as araiyat or an under–raiyat the provision of Part III shall as far as maybe, apply to the determination of such right and in such application, anyreference in the said Part to the commencement of this Act shall be construedas a reference to the vesting date.
161.Power to make rules: (1) The Administrator may, bynotification in the Official Gazette,, make rules for the purpose of carryingout the purposes of this Part.
(2) In particular, and without prejudice tothe generality of the foregoing power, such rules may provide for–
(a) the manner of publicationof a notification under section 134;
(b) the procedure to befollowed and the forms to be adopted in inquiries and proceedings under thisPart;
(c) the mode of service of anyorder, notice or other documents under this Part;
(d) the form of the statementsto be furnished by intermediaries;
(e) the inspection of andmaking notes from documents, registers and records under section 137, the grantof certified copies thereof and the fee to be charged for such grant;
(f) the form and the manner inwhich compensation assessment rolls shall be prepared and the particulars to bementioned therein;
(g) the manner of apportionmentof net income among intermediaries;
(h) the procedure to be followedin the case of intermediaries having shares or interest in different estates;
(i) the manner in which thepreliminary and the final publication of the compensation assessment roll shallbe made;
(j) the manner of determiningthe amount of annuities payable to religious and charitable institutions andthe procedure for making payments;
(k) the manner in which theincome of the previous year shall be determined;
(l) the determination of theamount of and interim compensation;
(m) the manner in which and theperiod within which creditors may prefer their claims before the claims officerand the procedure to be followed in the disposal of such claims;
(n) the manner in whichobjections shall be submitted to the compensation officer and the procedure to befollowed in the disposal of such objections;
(o) the manner of determiningthe commuted value of rents under section 145;
(p) the manner of preferringappeals under Chapters XI and XII;
(q) the manner of keeping indeposit the amount of compensation under sections 155 and 157;
(r) the form and contents ofbonds;
(s) the manner in which, andthe circumstances under which, bonds shall be transferable; and
(t) any other matter which isto be, or may be, prescribed.
CEILING ON LAND HOLDINGS
162.Exemptions: The provisions of this Chaptershall not apply to land owned by the Government or a local authority.
163.Definitions: For the purpose of thisChapter, –
(a) "ceiling limit",in relation to land, means the limit fixed under section 164;
(b) "family", inrelation to a person, means the person the wife or husband, as the case may be,and dependent children and grand–children, of person;
(c) "land" does notinclude land used for non–agricultural purposes.
164.Ceilings on holdings: No person either by himself or,if he has a family, together with any other member of his family (hereinafterreferred to as the person representing the family) shall, whether as a raiyator an under–raiyat or as a mortgagee with possession or otherwise, orparty in one capacity and partly in another, hold land in excess of twenty–fivestandard acres in the aggregate;
Provided that where the numberof members of the family of such person exceeds five, he may hold fiveadditional standard acres for each member in excess of five, so however as notto exceed fifty standard acres in the aggregate.
Explanation: In the caseof a company, an association or any other body of individuals, the ceilinglimit shall be twenty–five standard acres.
165.Submission of returns: Every person representing afamily who at the commencement of this Act holds, or has at any time during theperiod between the 10th day of August, 1957 and such commencement held, land inexcess of the ceiling limit shall submit to the competent authority, in suchform and within such times as may be prescribed, a return giving theparticulars of all land held by him and indicating therein the parcels of land,not exceeding the ceiling limit, which he desires to retain;
Provided that in the case of ajoint holding, all co–shares may submit the return jointly indicatingthe parcels of land, not exceeding the aggregate of their individual ceilinglimits, which they desire to retain.
Explanation: In the caseof a person under disability, the return shall be furnished by his guardian orauthorised agent, as the case may be.
166.Collection of informationthrough other agency: If any person, who under section 165 is required to submit areturn, fails to do so, the competent authority may collect the necessaryinformation through such agency as may be prescribed.
167.Procedure for determinationof excess land: (1) Onreceipt of any return under section 165 or information under section 166 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 regard to the provisions of section 168 and section 169or of any rules that may be made in this behalf, it shall determine –
(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 raiyat or as an under–raiyat or as a mortgagee withpossession;
(e) the excess land in respectof which the under–raiyat or the mortgagee with possession may acquirethe rights of the raiyat or the mortgagor, as the case may be;
(f) the excess land which maybe restored to a raiyat or a mortgagor;
(g) the excess land which shallvest in the Government; and
(h) such other matters as maybe prescribed.
(2) For the purposes ofdetermining the excess land under this section, any land transferred at anytime during the period between the 10th day of August, 1957 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 form containing the particularsdetermined by him 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.
168.Selection of excess land incases of certain transfer: (1) Where any person holding land in excess of the ceiling limitat any time during the period between the 10th day of August 1957 and the 2ndday of December, 1959, has transferred during such period any part his land toany other person under a registered deed for valuable consideration, the excessland to be determined under section 167 shall, to the extent possible, beselected out of the land held at the commencement of the Act by the transferorin excess of a family holding and no land shall be selected out of the landtransferred.
(2) Where any person holdingland in excess of the ceiling limit at any time–
(a) during the period betweenthe 10th day of August, 1957 and the 2nd day of December, 1959, has transferredduring such period any part of his land to any other person any manner otherthan under a registered deed for valuable consideration, or
(b) during the period betweenthe 2nd 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 167 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 land isselected out of the land transferred, the transfer of such land shall be void.
include the homestead land of aperson.
Explanation: For thepurposes of this sub–section, "homestead land" means the landon which the homestead (whether used by the owner or let out on rent) standtogether with any courtyard, compound and attached garden, not exceeding oneacre in the aggregate.
169.Excess land to vest inGovernment: (1)Where any excess land of a raiyat is in his actual possession, the excess landshall vest in the Government.
(2) Where any excess land of a raiyat is inthe possession of a person holding the same as an under–raiyat or as amortgage and the excess land together with any other land held by such personexceeds his ceiling limit, the land in excess of the ceiling limit shall vestin the Government.
(3) Where any excess land of araiyat is in the possession of a person holding the same as an under–raiyator as a mortgagee and such person Is allowed to retain the excess land or apart thereof as being within his ceiling limit, that person shall acquire therights of the raiyat or of the mortgagor, as the case may be, in respect ofsuch excess land or part thereof on payment of compensation, if any, ashereinafter provided, but if that person refuses pay such compensation, theexcess land or part thereof shall vest in the Government.
(4) Where there is any excessland of an under–raiyat or of a mortgagee with possession, the excessland shall vest in the Government:
Provided that in any case whosethe excess land or any part there of held by the raiyat or the mortgagortogether with any other land held by such person does not exceed the ceilinglimit, the excess land or such part thereof as does not exceed the ceilinglimit shall be restored to the possession of that person on an application madeas may be prescribed and in the case where the possession of such land is restoredto the mortgagor, the mortgage in respect of such land shall be deemed to be asimple mortgage.
170.Publication of the finallist and consequences thereof: (1) Any person aggrieved by an entry in the list published undersub–section (3) of section 167 may, within thirty days from date ofpublication thereof in the Official Gazette, file objection thereto before theCollector.
(2) The Collector or any otherofficer authorised in this behalf by the Administrator may, after consideringthe objections and after giving the objector or his representatives anopportunity 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 the publication of the list in the Official Gazette under sub–section(3), –
(a) the excess land shall standtransferred to and vest in the Government free of all encumbrances; or
(b) the possession of theexcess land shall stand restored to the raiyat or the mortgagor, as the casemay be; or
(c) the rights of the raiyat orthe mortgagor in respect of the excess land shall stand transferred to theunder–raiyat or the mortgagee, as the case may be.
171.Compensation: (1) Where any excess land of araiyat vests in the Government there shall be paid by the Government to theraiyat compensation, subject to the provisions of sub–section (2), of anamount equal to twenty times the net annual income from such land.
Explanation: For thepurposes of sub–section (1), the net annual income from any land shallbe deemed to be one–fifth of the value of the average yearly grossproduce of the land, calculated in such manner as may be prescribed.
(2) Where such excess land orany part thereof is in the possession of an under–raiyat thecompensation payable under sub–section (1) in respect of the land shallbe apportioned between the raiyat and the under–raiyat in suchproportion as may be determined by the competent authority in the prescribedmanner, having regard to their respective shares in the net income from suchland.
(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 such 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 to any mortgage or otherencumbrance, the amount due under the mortgage or other encumbrance in respectof such excess land, or where a transfer in respect of any excess land is voidby virtue of sub–section (4) of section 168, the consideration moneypaid by the transferee in respect of such excess land, shall be a charge on thecompensation payable in respect of the excess land to the person who hascreated the mortgage or encumbrance or, as the case may be, to the transferor.
(5) Where an under–raiyatacquires the rights of a raiyat in respect of any excess land, the compensationpayable by him in respect of that land shall be equal to the amount which theraiyat would have been paid as compensation under sub–section (2) or sub–section(3) if the land had vested in the Government, and the amount shall, in thefirst instance, be paid to the raiyat by the Government and shall be recoveredfrom the under–raiyat in such manner as may be prescribed.
(6) When a mortgagee inpossession acquires the rights of the mortgagor in respect of any excess landunder sub–section (3) of section 169, 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 vest in the Government, such institutionshall, in lieu of compensation payable under sub–section (1) or sub–section(2), or subsection (3), be paid an annuity equal to the net annual income ofthe excess land and such net annual income shall be determined by the competentauthority 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.
172.Manner of payment ofcompensation: (1) Thecompensation payable under section 171 shall be due from the date ofpublication of the list under sub–section (3) of section 170 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 made 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 of which it falls due.
173.Limit of future acquisitionof land: No person representing, afamily shall acquire in any manner whatsoever, whether by transfer, exchange,lease agreement or succession, any land where such acquisition has the effectof making the total area of the land held by him exceed the ceiling limit; andany such land in excess of the ceiling limit shall be treated as excess land ofthe transferee and the provisions of section 167 to 172 shall, as far as maybe, apply to such excess land.
174.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 any improvements effected in the land by theefforts of the family or to a decrease in the number of its members.
175.Power of Collector to takepossession of excess land: After the publication of the list of excess land under sub–section(3) of section 170, and after demarcation in the prescribed manner of such landwhere necessary, the Collector may take possession of any excess land any mayuse or cause to be used such force as may be necessary for the purpose.
176.Offences and penalties: (1) Whoever being bound tosubmit a return under section 165 fails to do so, without reasonable cause,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 extend 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 punished with fine which mayextend to one thousand rupee.
177.Finality of orders: Subject to the provision ofthis Act every order made under this Chapter shall be final.
178.Power to exempt, etc: (1) The Administrator may on anapplication made to him in this behalf within three months from thecommencement of this Act exempt from the operation of section 164.
(a) any land which is beingused for growing tea, coffee or rubber including lands used or required for usefor purposes 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 of land exceeding the ceiling limit which–
(i) is being used as an orchardfrom before the 1st January, 1958; or
(ii) is being used as a farm inwhich heavy investment or permanent structural improvement have been made andwhich, in the opinion of the Administrator, is being so efficiently, managedthat its break up is likely to 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 a 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 expire of the said period of the threemonths, if he is satisfied that the applicant was prevented by sufficient causefrom making the application in time.
(2) Where any land in respectof which exemption has been granted to a person under clause (d) of sub–section(1) is transferred to another person, the Administrator may, on an applicationmade to him within tree months from the date of the transfer, exempt thetransferee from the operation of section 164 and section 173 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, make a declaration to that effect and on the issue of suchnotification, any person may, notwithstanding anything contained in section173, acquire land in excess of the ceiling limit for being used for such specifiedpurpose and such person shall, within one months 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 used, or is not within the prescribedtime used, for the purpose for which exemption had been granted, theAdministrator may, after giving the persons affected an opportunity of beingheard, withdraw such exemption.
PREVENTION OF FRAGMENTATION
179.Definitions: For the purpose of thisChapter, –
(a) "holding" meansthe aggregate area of land held by a person as a raiyat;
(b) "fragment" meansa holding of less than two standard acres in area;
(c) "land " has the samemeaning as in Chapter XIII.
180.Restrictions on transfer,etc:(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 standard acres,
(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 cultivationor to a person who holds, or by reason of such transfer shall hold, land inexcess of the limit of a family holding.
181.Partition of holding: (1) No holding shall bepartitioned in such manner as to create a fragment.
(2) A fragment shall not bepartitioned unless as a result of such partition its portions get merged inholdings of two standard acres or more or in fragments so as to create holdingsof two standard 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.
182.Transfers in contraventionof this Chapter: (1) Anytransfer, partition or lease of land made in contravention of the provisions ofthis Chapter shall be void.
(2) No document of transfer,partition or lease of land shall be registered unless declarations in writingare made, in such form and manner as may be prescribed, by the parties theretobefore the competent registering authority under the Indian Registration Act,1908 (16 of 1908), regarding lands held by each prior to the transaction andthe land which each shall come to hold thereafter.
(3) No registering authority shallregister under the Indian Registration Act, 1908 (16 of 1908), any document oftransfer, partition or lease of land if, from the declarations made under sub–section(2), it appears that the transaction has been effected in contravention of theprovisions of this Chapter.
183.Penalty: The parties to any transfer,partition or lease made or entered into in contravention of any of theprovision of this Chapter shall be punishable with fine which may extend to onehundred rupees.
184.Power to make rules: (1) The Administrator may, bynotification in the Official Gazette, make 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 165 may be submitted;
(b) the agency through whichinformation may be collected under section 166;
(c) the manner of holdingenquiries under this Part;
(d) the matters which may bedetermined under sub–section (1) of section 167 and the manner ofdetermination of excess lands under this Part;
(e) the form in which a listunder sub–section (3) of section 167 of sub–section (3) ofsection 170 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 provision tosub–section (4) of section 169;
(g) the manner of apportionmentof compensation between the raiyat and the under–raiyat under sub–section(2) of section 171;
(h) the manner of assessment ofthe market value or any structure or building or trees under sub–section(3) of section 171;
(i) the manner of recovery ofthe compensation payable by the under–raiyat under sub–section(5) of section 171;
(j) the manner of determiningunder sub–section (6) of section 171 the market value of any excess landin respect of which a mortgagee in possession acquires the rights of themortgagor;
(k) the manner of determinationof the net annual income of any excess land for the purpose of payment ofcompensation under section 171;
(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 175;
(n) the matters which may bedetermined by the Administrator in granting an exemption under section 178including the form in which applications and intimations may be made or given,under section 178;
(o) the form of declarationsunder section 182;
(p) any other matter which hasto be, or may be, prescribed.
GENERAL AND MISCELLANEOUS
185.Recovery of amount due asarrear of land 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 be recoverable in the same manner as an arrear of landrevenue.
186.Protection against evictionor surrender in certain cases: (1) After the commencement of this Act and before the vestingdate referred to in sub–section (1) of section 134, –
(a) the provisions of section111 to 117 shall, so far as may be, apply to tenants and sub–tenants asdefined in clause (d) of section 133;
(b) no such tenant or sub–tenantshall surrender any land held by him as such and no person shall enter upon anysuch land unless such surrender is bona fide and is made with the previouspermission in writing of the competent authority, and the provisions of sub–section(3) of section 125 shall apply to any case where such permission is refused;
(c) no such tenant or sub–tenantshall, whether in execution of a decree or order of court or otherwise, beevicted from any such land on any ground other than those specified in clauses(c) and (d) of sub–section 118, and any proceeding for eviction of suchtenant or sub–tenant on any ground other than those specified in thesaid clauses (c) and (d) pending at such commencement shall abate withoutprejudice to any action that may be taken under the previsions of this Act.
(2) Where, on or after the 10thday of August, 1957 and before the commencement of this Act, any such tenant orsub–tenant has surrendered any land held by him as such or been evictedfrom such land and the surrender or eviction could not have taken place if thisAct had been in force on the date of such surrender or eviction, the competentauthority may, either on his own motion or on application made by the tenant orsub–tenant in this behalf, restore him to possession of the land whichhas been surrendered or from which he had been evicted.
187.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 Collector; or
(c) the transfer is by way ofmortgage to a co–operative society.
188.Jurisdiction of civilcourts excluded: No suitor other proceeding shall, unless otherwise expressly provided in this Act, lieor be instituted in any civil court with respect to 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.
189.Act to over-ride contractsand 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 court.
190.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.
191.Village officers to be publicservants: Every village accountant andevery other village officer appointed under this Act shall be deemed to be apublic servant within the meaning of section 21 of the Indian Penal Code, 1860(45 of 1860)
192.Power to exempt: With the previous approval ofthe Government, the Administrator may, by notification in the Official Gazette,exempt any class of lands from all or any of the provisions of this Act.
193.General provision as topenalties: Whoever contravenes anyprovisions of this Act for which no penalty has been otherwise provided fortherein shall be punishable with fine which may extend to five hundred rupees.
194.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 or intendedto be done under this Act;
(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 this Act.
195.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 beexercised subject to such restrictions and conditions as may be specified inthe said notification.
196.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.
197.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 thepurposes of this Act.
198.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 rule 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 bewithout prejudice to the validity of anything previously done under that rule.
199.Repeal and savings: (1) On and from the date onwhich any of the provisions of this Act are brought into force in any area inthe Union territory of Tripura, 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 enactmentor part thereof by sub–section (1) shall not affect, –
(a) the previous operation ofsuch enactment or anything duly done not affect, –
(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, obligation,liability, 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 enactments or parts thereof repealed under sub–section (1) shall,in so far as it s not inconsistent with the provision of this Act brought sofar as it is not inconsistent with the provision of this Act brought intoforce, be deemed to have been made, issued, granted, fixed, acquired, incurred,done or taken under this Act and shall continue to be in force until supersededby 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 Tripura and having the force of lawtherein shall, if such custom or usage is repugnant to or inconsistent withsuch provision, cease to be operative to the extent of such repugnancy orinconsistency.
[Seesection 199 (1)]
(1) Praja Bhumyadhikari Sambandha Bishyak Ain(EK Ain, 1296 Tripurabda).
(2) 1296 Tripurabda PrajaBhumyadhikari Ain Sansudhan Bishyak 1337 Tripurabder EK Ain, and 1296Tripurabder Praja Bhumyadhikari Ain Sansudhan Bishyak 1335 Tripurabder EK Ain.
(3) Rajdhani Gartala SaharBondobasta Sambandhiya Bidhan, 1346.T.E.
(4) Jarip–o–BondobastaSambandhiya Niyamabali, 1309 Tripurabda.
(5) Tripura Rajyer JaripBondobasta Sambandhyia Niyamabali Sansudhan Bishyak, 1336 Tripurabder Tin Ain.
(6) Jarip–o–BondobastaSambandhiya Niyamabali (Prathem Khanda).
(7) Jarip–o–BondobastaSambandhiya Niyamabali (Dwitiya Khanda), 1323 T.E.
(8) 1290 Saner EK Ain OrthatRajaswa Sambandhiya Niyamabali, and
1323 Tripurabder Dui Ain OrthatFaraswa Sambandhiy 1290 Saner EK Ain Sensudhan Bishyak Bidhi.
(9) Sarkari Prapya AdaySambandhiya 1326 Tripura Char Act and
Sarkari Prapya AdaySambandhiya, 1326 Tripurara Char Ain Sansudhan Bishyak Ain Athaba 1358 TringSaner 18 Nang Ain.