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THE TRIPURA LAND REVENUE AND
LAND REFORMS ACT,1960
NO. 43 of 1960
[ 21st September, 1960]
An Act to consolidate and amend the law relating to land revenue in the 1
[State] of Tripura and to provide for the acquisition of estates and for certain
other measures of land reform.
Be it enacted by Parliament in the Eleventh Year of the Republic of India as
follows:-
PART 1
Chapter 1.—Preliminary
1. (1) This act may be called the Tripura Land Revenue and Land Reforms
Act, 1960.
(2) It extends to the whole of the 2[State] of Tripura.
(3) It shall come into force on such date as the 3[state Government] may,
by notification in the Official Gazette, appoint; and different dates may be
appointed for different areas and for different provisions of this Act.
2. In this Act, unless the context otherwise requires,-- (a)4 [Omitted]
(b) “ agriculture” includes horticulture, the raising of annual or periodical
crops or garden produce, dairy farming, poultry farming, stock breeding,
grazing and pisciculture;
i) After clause (b), the following clause shall be inserted namely:-
12[bb) “Bargadar’ means a person who under the system generally known as
adhi, barga, bhag or any other term cultivates the land of a raiyat for a
continuous period of at least 10 (ten) consecutive years, which is recognized
by a revenue officer not below the rank of Collector on condition of paying
therefore rent in cash or in kind or delivering a share of the produce.
Short title, extent,
and commencement
Definitions
ii) In clause (c), for the words “two standard acres”, the figure , mark and words
“0.80 standard hectares” shall be substituted;
iii) In clause (h), for the figure, mark and words “6.4 standard acres”, the figure,
mark and words “2.50 standard hectares” shall be substituted;
iv) For the existing clause (u), the the following shall be substituted, namely:-
“(u) “standard hectare” means one hectare of ‘lunga’ or ‘nal’ or three hectares
of ‘tilla’ land”,;
v) 12[“Under Raiyat” means a person who cultivates or holds the land of a raiyat for
a continuous period of at least 10 (ten) consecutive years, which is recognized
by a revenue officer not below the rank of Collector under an agreement,
on condition of paying therefore rent in cash or in kind or delivering a share of
the produce.]
(c) “ basic holding” means land used for agricultural purposes which is equal to
6 [0.80 standard hectare] in area;
1. Amended by the North-Eastern Areas (Reorganization) Tripura Adaptation of
Laws Order, 1973.
2. Amended ibid.
3. Amended ibid.
4. Amended ibid.
5. Amended by the Second Amended Act, 1974.
6. Amended ibid.
7. Amended by twelfth Amendment Act, 2021
2
(d) “District Magistrate & Collector” means the District Magistrate & Collector of the
district and includes any officer appointed by the 1[State Government] to exercise
and perform all or any of the powers and functions of a District Magistrate &
Collector under this Act;
(e) “commencement” of this Act”, in relation to any provision, means the date
specified in respect of that provision in a notification under sub-section (3) of
section 1;
(f) “ competent authority”, in relation to any provision, means any officer appointed
by the 2[State Government] to be the competent authority for the purpose of that
provision;
(g) “ family” except in Chapter XIII means, in relation to a person, the wife or
husband of such person, his children grand-children, parents and brother, and in the
case of a Joint Hindu family, any member of such family;
(h) “family holding” means land used for agricultural purposes which is equal to
3[2.50 standard hectares] in areas;
(i) “Government” means the State Government :
(j) “holding” means a parcel of land separately assessed to land revenue;
(k) “ improvement”, in relation to any land, ,means any work which materially adds
to the value of the land and which is suitable to the land an consistent with the
character thereof and includes--
(i) the construction of tank, wells, water channels and other works for the storage,
supply and distribution of water for agricultural purposes or for the use of man and
cattle employed in agriculture;
(ii) the construction of works for the drainage of land or for the protection of land
from floods or from erosion or from other damage by water;
(iii) the preparation of land for irrigation;
(iv) the conversion of one-crop into two-crop land;
(v) the reclaiming, clearing, enclosing, leveling or terracing of land used for
agricultural purposes;
(vi) the erection on land or in the immediate vicinity thereof otherwise than on the
village site, of a building or house for the occupation of the under-raiyat, his
family and servants or of a cattle shed, a store-house or other construction for
agricultural purposes or of any building required for the convenient or profitable
use of occupation of the land; and
1. Amended by the Non-Eastern Areas (Reorganisation) (Tripura) Adaptation of
Laws Order, 1973.
2. Amended ibid.
3. Amended by the Second Amendment Act, 1974.
4. Amended by the Tenth Amendment Act, 2013
3
(vii) the renewal of re construction of any of the foregoing works or such
alterations therein of additions thereto as are not of the nature of ordinary repairs;
(l) “minor” means a person who is deemed not to have attained majority under the
Indian majority act, 1875;
1[(ll) “non-agricultural tenant’ means a persons who holds land for purposes
other than agriculture paying land revenue to the Government;]
(m) “ Official Gazette” means the Tripura Gezette;
(n) “ pay” “payable” and “payment’, used with reference to rent include
“deliver’, “deliverable” and “delivery” ;
(o) “ person under disability” means—
(i) a window;
(ii) a minor;
(iii) a woman who is unmarried or who, if married, is divorced of judicially
separated from her husband or whose husband is a person falling under item (iv)
or (v);
(iv) a member of the Armed Forces of the Union;
(v) a person incapable of cultivating land by reason of some physical or mental
disability;
(p) “ personal cultivation”, 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 any member of his family, or
(iii) by servants of by hired labour 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 his family;
Explanation 1.—Land shall not be deemed to be cultivated under the personal
supervision of a person or a member of his family unless such person or member
resides in the village in which the land is situated, or in a nearby village situated
within a distance to be prescribed, during the major part of the agricultural season;
Explanation II.—In the case of a person under disability supervision by a
paid employee on behalf of such person shall be deemed to be personal supervision;
1. Amended by Third Amendment Act. 1975.
1[Explanation III.—The term ‘family’ shall have the same meaning as in chapter
XIII of the Act]
(q) “ prescribed” means prescribed by rules made under this Act.
(r) “public purpose” includes a purpose connected with allotment of land to
cultivators, under-raiyats ejected as a result of resumption, land-less agricultural
workers or co-operative farming societies;
(s) “ raiyat” means a person who owns land for purposes of agriculture paying land
revenue to the Government and includes the successors-in-interest of such person;
(t) “ rent” means whatever is lawfully payable, in money or in kind, or partly in
money and partly in kind, whether as a fixed quantity of produce or as a share of
the produce, on account of the use or occupation of land or on account of any right
in land but shall not include land revenue;
2[(u) “ standard hectare” means one hectare of ‘lunga’ or ‘nal’ or three hectares of
‘tilla’ land;]
4
(v) “ under-raiyat” means a person who cultivates or holds the land of a raiyat under
an agreement, express of implied, on condition of paying therefore rent in cash or in
kind or delivering a share of the produce and includes 3[a bargadar].
(w) “ village” means any tract of land which, before the commencement of this Act,
was recognised as or was declared to be a village under any law for the time being
in force or which may after such commencement be recognised as a village at any
settlement or which the 4[State Government] may, by notification in the Official
Gazette, declare to be a village;
(x) “year” means the agricultural year commencing on such date as the 5[State
Government] may, in the case of any specified area, by notification in the Official
Gazette, appoint.
1. Amended by Fifth Amendment Act, 1979.
2. Amended by Second Amendment Act, 1974.
3. Amended ibid.
4. Amended by the North Eastern Areas (Reorganization) (Tripura)
Adaptation of Laws Order, 1973.
5. Amended ibid.
5
PART II
Chapter II – Revenue divisions, revenue officers and their appointment.
3. (1) The 1[State Government] may, by notification in the Official Gazette, divide the
State of Tripura into one or more districts, and may similarly divide any district into sub-
divisions, circles and tehsils, and may alter the limits of, or abolish, any district, sub-
division, circle or tehsil.
(2) The districts, sub-divisions, circles and tehsils existing at the commencement of this
Act shall continue respectively to be the districts, sub- divisions, circles and tehsils
under this Act unless otherwise provided under sub- section (1)
4. (1) The Government or such other officer as may be authorized by the government in
this behalf may appoint the following classes of revenue officers. namely:-
(a) District Magistrate & Collectors,
(b) Director of Land Records and Settlement,
(c) Additional District Magistrate & Collectors
(d) Sub-Divisional Magistrates,
(e) Additional Sub-Divisional Magistrates
(f) Survey and Settlement officers,
(g) Deputy Collector & Magistrates
(h) Assistant Survey officers,
(i) Revenue Inspectors,
(j) Kanungos,
(k) Tehsildars,
Explanation:- The terms (i) “village accountants”, (ii) “assistant survey & settlement officer”,
(iii) “circle officers”, (iv) “sub-divisional officers”, (v) “director of settlement & land records” &
(vi) “collectors” wherever they appear in the Principal Act, shall be read & construct as (i)
“Tehsilders”, (ii) “Assistant Survey Officers”, (iii) “Deputy Collector & Magistrates”, (iv) “Sub-
Divisional Magistrates”, (v) “Director of Land Records & Settlement” & (vi) “District Magistrate &
Collectors” respectively.
(2) Notwithstanding anything contained in Sub-section (1) of Section 4 above, the State
Government if it thinks expedient to do so, may engage at any time private individuals to
undertake any of the activities under this Act. In the event of such expediency the State
Government, shall by notification in the official gazette, prescribe the conditions under
which such engagement shall be made.
5. (1) Each district shall be placed under the charge of a collector who shall be in charge
of the revenue administration of the district and exercise the powers and discharge the
duties of the Collector under this Act or any other law for the time being in force and
shall exercise so far as is consistent therewith such other powers of superintendence and
control within the district and over the officers subordinate to him as may from time to
time be prescribed.
(2) Each sub-division shall be placed under the charge of a sub-divisional officer.
(3) Each circle or tehsil shall be placed under the charge of a circle officer or a tehsildar;
as the case may be.
(4) The duties and powers of the sub-divisional officers, the circle officers and other
revenue officers shall be such as may be imposed or conferred on them by or under this
Act or any other law in force for the time being or any general or special order of the
2[State Government] published in the Official Gazette.
1. Amended by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of
laws order, 1973.
2. Amended ibid.
3. Amended by the Ninth Amendment Act, 2006
4. Amended by the Tenth Amendment Act, 2013
Power to create,
alter or abolish
districts sub-
division, etc.
Appointment or
revenue officers.
Collector and certain
other revenue officers.
Amended by the
Tenth Amendment
Act, 2013
6
Settlement
officers.
Subordination of
revenue officers.
Combination of
officers.
Notification of
appointments.
Seals.
Title of Govt. to
lands. etc.
6. The officers specified in items (b), (d) and (e) of section 4 shall have
power to take cognizance of all matters connected with the survey of land and
the settlement of the revenue-rates and the preparation and maintenance of
land records and other registers and shall exercise all such powers and
perform all such duties as may be prescribed by or under this Act or by any
general or special order of the 1[State Government] published in the Official
Gazette.
7. All revenue officers shall be subordinate to the 2[State Government] and
all revenue officers in the district or a sub-division shall be sub-ordinate to the
Collector or the sub-divisional officer, as the case may be.
8. It shall be lawful for the State Government to appoint one and the same
person to any two or more of the offices provided for in this Chapter, to make
any appointment by virtue of office and also to confer on any officer of the
Government all or any of the powers and duties of any of the revenue officers
including the Collector.
9. All appointments made under this chapter except appointments of
revenue inspectors, tehsildars and village accountants and other village
officers and servants shall be notified in the Official Gazette.
10. The State Government shall from time to time, by notification in the
Official Gazette, specify the revenue officers who shall use a seal and also the
size and description of the seal which each such officer shall use.
Chapter III.—Land an land revenue
11. (1) All lands, public roads, lanes and paths and bridges, ditches, dikes, and
fences on or beside the same, the beds of rivers, streams, nallas, lakes and
tanks, and all canals and water courses, and all standing and flowing water, and
all rights in or over the same or appertaining thereto, which are not the property
of any person, are and are hereby declared to be the property of the Government.
(2) Unless it is otherwise expressly provided in the terms of a grant made by
the Government, the right to mines, quarries, minerals and mineral products
including mineral oil, natural gas and petroleum shall vest in the Collector whose
order shall, subject to the provisions of this Act, be enjoyment of such rights.
(3) Where any property or any right in or over any property it claimed by or on
behalf of the Government, or by any person as against the Government and the
claim is disputed, such dispute shall be decided by the Collector whose order
shall, subject of the provisions of this Act, be final.
10["Provided that, no such disputed claim by any private person, against the
Government can be filed, after expiry of five years from the date of final publication
of the Records-of-Rights by a Revenue Survey Operation carried out U/s 26 of the
Tripura Land Revenue and Land Reforms Act, 1960 or from the date of
commencement of this Act, whichever is later.
Provided further that the District Magistrate & Collector may entertain such
claim after the expiry of the said period of 5 years, if he is satisfied on the ground, to
be recorded in writing, that the applicant was prevented under extraordinary
circumstances, in preferring such claim in time."]
1. Amended by the North-Eastern Areas (Reorganization) (Tripura) Adaptation
of laws order, 1973.
2. Amended ibid.
3. Amended by the Tenth Amendment Act, 2013
7
(4) Any person aggrieved by an order made under sub-section (3) or in
appeal or revision there from may institute a civil suit to contest the order within a
period of six months from the date of such order and the decision of the civil court
shall be binding on the parties.
12. (1) The right to all trees, jungles or other natural products growing on land
set apart for forest reserves and to all 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 the Government, and such trees, brush wood, jungle or other
natural product shall be preserved or disposed of in such manner as may be
prescribed, keeping in view the interests of the people in the area with regard to
the user of the natural products.
(2) All road side trees which have been planted and reared by or under the
orders or at the expense of the Government and all trees which have been planted
and reared at the expense of local authorities by the side of any road belonging to
the Government vest in the Government.
13. Subject to rules made in this behalf under this Act, the Collector may set
apart land belonging to the Government for pasturage for the village cattle, for
forest reserves or for any other purpose.
14. (1) The Collector may allot land belonging to the Government for
agricultural purposes or for construction of dwelling houses, in accordance with
such rules as may be made in this behalf under this Act; and such rules may
provide for allotment of land to persons evicted under section 15.
(2) The 1[State government] shall have power--
(a) to allot any such land for the purpose of an industry or for any purpose of
public utility on such conditions as may be prescribed, or
(b) to entrust the management of any such land or any rights therein to the
gram panchayat of the village established under any law for the time being in
force.
Right to trees,
forests, etc.
Assignment of
land for special
purposes,
Allotment of
land.
2[(3) The rules under sub-sections (1) and (2) for allotment of land shall provide
for giving preference to the members of the co-operative farming societies
formed by marginal farmers, landless agricultural labourers, jumias and members
of the Scheduled Tribes and Scheduled Castes in allotting land.]
15. (1) Any person who occupies or continues to occupy any land belonging
to Government without lawful authority shall be regarded as a trespasser and may be
summarily evicted there from by the competent authority and any building or other
construction erected or anything deposited on such land, if not removed within such
reasonable time as such authority may from time to time fix for the purpose, shall be
liable to be forfeited to the Government and to be disposed of in such manner as the
competent authority may direct:
1. Amended by the North-Eastern Areas (Reorganization) (Tripura)
Adaptation of laws order,1973.
2. Amended by Second Amendment Act, 1974.
Un-authorised
occupation of land.
8
Provided that the competent authority may, in lieu of ordering the
forfeiture of any such building or other construction, order the demolition of the
whole or any part thereof.
(2). Such trespasser shall also be liable by way of penalty to pay a
sum which may extend to six times the annual assessment on such land as may
be specified by the competent authority and such sum shall be recoverable in
the same manner as an arrear of l and revenue.
(3) Upon payment of the penalty referred to in sub-section (2), the
trespasser shall have the right of tending, gathering and removing any
ungathered crops.
Liability of land to
land revenue.
Alluvial lands.
“Land Revenue
in case of
diluvion.
16. (1) All lands, to whatever purpose applied, are liable to payment of land
revenue to the Government.
(2)
1
[State Government] may exempt any land from the liability to such
payment by means of a special grant or contract or in accordance with any law
for the time being in force or the rules made under this act.
3[17. All Alluvial lands, newly formed as lands or abandoned beds shall
vest in the State Government free from all encumbrances subject to the
provisions of sub-section (2) of Section 18; and in allotting such land the state
Government may give preference to the persons affected by diluvion.
18. (1) If the holding of any person of a portion thereof is lost by
diluvion, the right, title and interest of the holder on the land lost by such
diluvion shall vest in the state Government free from all encumbranches
subject to the provisions of sub- section (2) and the competent authority shall,
on application made by the holder in the prescribed manner or any suo motu,
remit or abate the revenue of the holding by the amount of revenue assessed
for the land lost by diluvion.
(2) The holder shall, on re-appearance of the land lost by diluvion, at any
time within a period of twelve years from the date of such diluvion have the
right to possession thereof subject to liability to pay such revenue to be
assessed under Section 38 and to other privileges, conditions and restrictions as
were applicable to the holding prior to diluvion of the land provided he applies
for such right to the competent authority within one year of the re-appearance of
the land lost by diluvion.]
19. (1) The assessment of land revenue on any land shall be made or shall be
deemed to have been made, with respect to the use of the land---
(a) for purposes of agriculture;
(b) for industrial of commercial purposes;
(c) as sites for dwelling houses;
(d) for any other purpose.
1. Amended by the North-Eastern Areas (Reorganization) (Tripura)
Adaptation of laws order,1973
2. Amended by Second Amendment Act, 1974.
3. Amended by Fifth Amendment Act, 1979.
9
(2) Where land assessed for use for any one purpose is diverted to any other
purpose, the land revenue payable upon such land shall, notwithstanding that the
term for which the assessment may have been fixed has not expired, be liable to be
altered and assessed at a different rate in accordance with the rules made under
this Act.
20.(1) If any person holding land for any purpose wishes to divert such land or
any part thereof to any other purpose except agriculture, he shall apply for
permission to the competent authority who may, subject to the provisions of this
section and to the rules made under this act, refuse permission or grant it on such
conditions as it may think fit.
(2) Permission to divert may be refused by the competent authority only on
the ground that the diversion is likely to cause a public nuisance or that it is not in
the interest of the general public or that the holder is unable or unwilling to
comply with the conditions that may be imposed under sub-section (3).
(3) Conditions may be imposed on diversion for the following objects and
no others, namely, in order to secure the public health, safety and convenience,
and in the case of land which is to be used as building sites, in order to secure in
addition that the dimensions, arrangement and accessibility of the sites are
adequate for the health and convenience of occupiers or are suitable to the
locality.
(4) If any land has been diverted without permission by the holder or by
any other person with or without the consent of the holder, the competent
authority, on receiving information thereof, may impose on the person responsible
for the diversion a penalty not exceeding 2[fifty thousand rupees], and may
proceed in accordance with the provisions of sub-section (1) as if an application
for permission to divert has been made.
(5) If any land has been diverted in contravention of an order passed or of
a condition imposed under any of the foregoing sub-sections, the competent
authority may serve a notice on the person responsible for such contravention,
directing him, within a reasonable period to be stated in the notice, to use the land
for its original purpose or to observe the condition; and such notice may require
such person to remove any structure, to fill up any excavation, or to take such
other steps as may be required in order that the land may be used for its original
purpose, or that the condition may be satisfied. The competent authority may also
impose on such person a penalty not exceeding 2[fifty thousand rupees] for such
contravention, and a further penalty not exceeding 2[one thousand rupees] for each
day during which such contravention continues.
1. Amendment by eighth amendment Act 2000
2. Amended by the Tenth Amendment Act, 2013
Diversion of
land
10
(6) If any person served with a notice under sub-section (5), fails
within the period stated in the notice 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 the same manner as an arrear of land
revenue.
Explanation-1—“Diversion” in this section means using land assessed
to one purpose for any other purpose, but using land for the purpose of
agriculture where it is assessed with reference to any other purpose shall not
be deemed to be diversion.
2[Explanation-2 :- Notwithstanding anything contained in this
section, in case of diversion of water body, natural or manmade, to any other
purpose, prior permission shall be obtained from the competent authority.]
Remission or
suspension of revenue
on failure crops.
Responsibility
for payment of
land revenue.
Receipt for
land revenue.
Definitions of
“revenue
survey”
“settlement”
and “term of
settlement”
Inquiry into
profits of
agriculture.
21. The State Government may, in accordance with the rules made in
this behalf under this Act, grant a remission or suspension of land revenue in
years in which crops have failed in any area.
22. (1) The following persons shall be primarily liable for the payment
of land revenue assessed on land, namely;--
(a) the person to whom the land belongs;
(b) the under-raiyat or any other person in possession of the land
provided that such under-raiyat or other person shall be entitled to
credit from the owner of the land for the amount paid by him.
(2) where there are two or more person liable to pay land revenue under
sub-section (1). all of them shall be jointly and severally liable for its
payment.
23. Every revenue officer receiving payment of land revenue shall at the
time when such payment is received by him, give a written receipt for the
same.
Chapter IV—Survey and settlement of land revenue
24. The operations carried out in accordance with the provisions of this
chapter in order to determine or revise the land revenue payable on lands in
any local area are called a ‘revenue survey”, the results of the operations are
called a ‘settlement’ and the period during which such results are to be in
force is called the “ term of settlement”.
25. (1) As soon as may be after the commencement of this Act, the
state Government shall take steps to institute and shall cause to be
constantly maintained, in accordance with the rules made under this Act, an
inquiry into the profits of agriculture and into the value of land used for
agricultural and non-agricultural purposes.
Amended by the
Tenth Amendment
Act, 2013
11
(2) For the purpose of determining the profits of agriculture the following matters
shall be taken into account in estimating the cost of cultivation, namely:--
(a) the depreciation of stock and buildings ;
(b) the money equivalent of the labour and supervision by the cultivator
and his family ;
(c) all other expenses usually incurred in the cultivation of the land
which is under inquiry ; and
(d) interest on the cost of buildings and stock, on all expenditure for seed
and manure and on the cost of agricultural operations paid for in cash.
26. Whenever the State Government thinks it expedient so to do, he may,
by notification in the Official Gazette, direct the revenue survey of any local area
with a view to the settlement of the land revenue and to the preparation of a record
of rights connected therewith or the revision of any existing settlement or record of
rights.
Revenue Survey
27. A survey officer deputed to conduct or take part in any revenue survey
may, by special order or by general notice to be published in the prescribed
manner, require the attendance of holders of lands to assist in the measurement or
classification of the lands to which the revenue survey extends and when hired
labour is employed for purposes incidental to the revenue survey may, assess and
apportion the cost thereof on the land surveyed, for collection as land revenue due
on such lands.
28. Subject to the rules made in this behalf under this Act, the survey
officer may--
(a) divide the lands to which the revenue survey extends into villages and
the villages into plots and survey numbers ; and
(b) recognize the existing villages and survey numbers, reconstitute them
or from new survey numbers.
29. The survey officer may sub-divide survey numbers into as many sub-
division as may be required in the manner prescribed.
30. The state Government may at any time direct the determination or the
revision of the revenue-rates for all lands in any area of which a revenue survey has
been made.
31. It shall be the duty of the survey officer or the settlement officer on the
occasion of making or revising a settlement of land revenue to prepare a register to
be called the “settlement register” showing the area and assessment of each survey
number, with any other particulars that may be prescribed, and other records in
accordance with such orders as may from time to time be made in this behalf by
the State Government.
Power to require
assistance from land
holders,
Survey numbers
and villages.
Division of survey
numbers into sub-
divisions.
Determination of
revenue rates.
Preparation of
statistical and fiscal
records.
12
Revenue
rates how
determined.
Publication of
table of
revenue rates.
32. For the purpose of determining the revenue rates, the settlement officer
may divide any area into units and in forming such units, he shall have regard to
the physical features, agricultural and economic conditions and trade facilities
and communications; and shall then determine the revenue-rates for different
classes of lands in each such unit in the manner and according to the principles
prescribed and in particular, in the case of agricultural land, to the profits of
agriculture, to the consideration paid for leases, to the sale prices of land and
to the principal monies on mortgage and in the case of non-agriculture land, to
the value of the land for the purpose for which it is held.
33. (1) The settlement officer shall prepare a table of revenue rates in the
prescribed form and publish it in the prescribed manner for the prescribed
period.
(2) Any person objecting to an entry in the table of revenue rates may
present a petition in writing to the settlement officer within the prescribed
period and the settlement officer shall consider such objections after giving a
hearing to the objector.
(3) The settlement officer shall submit the table of revenue-rats to the 1
State Governments together with a summary of objections, if any, his
decisions on such objections and a statement of the grounds in support of his
proposals.
Confirmation of
the table of
revenue rates.
Rate of revenue
to form part of
settlement
register.
Introduction of
revenue rates.
Duration of
revenue rates.
34. (1) The state Government may confirm the table of revenue rates
submitted to him by the settlement officer with such modifications if any, as he
may consider necessary.
(2) The table of revenue-rates confirmed under sub-section (1) shall be
finally published in the official Gazette.
35. The table of revenue-rates published under section 34 shall be
incorporated in and form part of the settlement register of the village.
36. When the revenue-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 date of final publication of the table of revenue-rates under
section 34.
37. (1) When the table of revenue-rates for any area has been finally
published, the rates specified therein shall remain in force for a period of thirty
years.
(2) Notwithstanding anything contained in sub-section (1),--
(a) revenue-rates may be altered or revised in any year after the expiry of every
ten years from the date on which the table of revenue-rates was introduced, in
such manner and to such extent as may be prescribed.
13
(b) When the circumstances of a local area are such that a fresh
determination of the revenue-rates is in the opinion of the State Government
inexpedient, he may extend the term of settlement by such further period as he may
think necessary.
38. (1) The settlement officer calculate the assessment on each holding in
accordance with the revenue-rates confirmed and finally published under section
34 and such assessment shall be the fair assessment.
(2) The settlement officer shall have the power to make fair assessment on all
lands whatsoever to which the revenue survey extends, whether such lands are
held with liability to pay full land revenue or land revenue at concessional rates
or are held revenue free.
(3) The fair assessment of all lands be calculated in accordance with rules
made in this behalf and having regard to the following principles, namely;--
(a) no regard shall be had to any claim to hold land on privileged terms;
(b) regard shall be had in the case of agricultural land to the profits of
agriculture, to the consideration paid for leases, to the sale prices of
land and to the principal monies on mortgages, and in the case of
non-agricultural land, to the value of the land for the purpose for
which it is held:
(c) where any improvement has been effected at any time in any holding
held for the purpose of agriculture by or at the expense of the holder
thereof, the fair assessment of such holding shall be fixed as if the
improvement had not been made.
39. Notwithstanding anything contained in this Chapter, the State
Government may direct that any land in respect of which the rate of revenue has
been determined shall be liable to be assessed to additional land revenue during the
term of the settlement for additional advantages accruing to it from water received
on account of irrigation works or improvements in existing irrigation works
completed after the table, of revenue-rates came into force and not effected by or
at the expense of the holder of the land.
40. Notwithstanding anything contained in this Chapter, all survey
operations commenced under any law for the time being in force and continuing at
the commencement of this Act shall be deemed to have been commenced and to be
continuing under the provisions of this chapter, and all revenue-rates in force at
such commencement shall be deemed to have been determined and introduced in
accordance with the provisions of this chapter and shall remain in force until the
introduction of revised revenue-rates: and such revised revenue-rates may be
introduced at any time, notwithstanding anything contained in section 37.
Assessment on
holding.
Additional for water
advantages
Continuance of
survey operations
and rates in force at
commencement of
Act.
14
Power of
Collector to
correct errors,
etc.
Preparation of
record of rights.
41. (1) The powers and duties exercisable by the officers referred to in
section 6 may also be exercised, during the term of settlement, by the
collector or such other revenue officer as may be specified by the 1 State
Government for the purpose by Notification in the Official Gazette.
(2) The collector may at any time during the term of settlement correct
any error in the area or the assessment of any survey number or sub- division
due to a mistake of survey or arithmetical miscalculation:
Provided that no arrears of land revenue shall become payable by reason
of such correction.
CHAPTER-- V LAND RECORDS
42. It shall be the duty of the survey officer to prepare a record of rights for
each village showing the area of each survey number and other particulars and
any other record or register, in accordance with the rules made under this
Act:
2[Provided that where for any reason a record-of-rights cannot be
prepared in respect of the entire village it shall be lawful for the survey officer
to prepare separate record-of-right for different areas of such village and
notwithstanding anything contained in this Act or any rule made there under,
a record-of-rights, when finally published shall not be called in question in
any court on the ground that it was not prepared in respect of the entire
village.]
Publication of
the record of
rights.
“Jurisdiction of
civil courts to
decide disputes.
43. (1) When a record of rights has been prepared, the survey officer shall
publish a draft of the record in such manner and for such period as may be
prescribed and shall receive and consider any objections which may be made
during the period of such publication, to any entry therein or to any omission
there from.
(2) When all objections have been considered and disposed of in
accordance with the rules made in this behalf, the survey officer shall cause
the record to be finally published in the prescribed manner.
(3) Every entry in the record of rights as finally published shall, until the
contrary is proved, be presumed to be correct.
3[44. (1) When a notification under Section 26 directing the revenue survey
of any local area with a view to settlement of the land revenue and to the
preparation of a record-of-right connected therewith or the revision of any
existing settlement or record-of-right in any local area has been published
after the enforcement of the Tripura Land Revenue and Land reforms (Fifth
Amendment) Act,1979 no civil court shall entertain any suit or application for
the settlement or determination of land revenue or the incidence any tenancy
to
15
1. Amended by the North-Eastern Areas Reorganization
(Tripura) (Adaptation of laws) under,1973.
2. Amended by second Amendment Act, 1974.
3. Amended by Fifth Amendment Act, 1979.
Which the record-of-right relates and if any suit or application, in which
any of the aforesaid matters is in issue, is pending before a civil court on
the date of publication of the notification in the official gazette, it shall be
stayed and it shall, on the expiry of the period for filing application for
revision under Section 45, or when such application has been field within
time an expiry of the period prescribed under section 94 for filing an appeal
under section 93 against the order disposing of such application or when
an appeal has been filed under the section within time, as the case may be,
on disposal of such appeal, abate so far as it relates to any of the
aforesaid matters.
(2) No civil court shall entertain any suit or application concerning any
land if it relates to alteration of any entry in the record-of- right finally
published, revised corrected or modified under any of the provisions of
this Chapter or Chapter VIII of this Act consequent upon the notification
issued under section 26 after the enforcement of the Tripura Land revenue
and Land reforms (Fifth Amendment) Act. 1979.]
1[45. Any Revenue Officer specially empowered by the State Government
may, on application made to him in this behalf or of his own motion,
within one year from the date of the final publication of the record of
rights, correct any entry in such record which, he has been satisfied, has
been made owing to bonafide mistake:
Provided that no such entry shall be corrected without giving the persons
interested an opportunity of being heard,
Explanation:--Every order under this section shall be deemed to be an
original order.]
Revision of
entries in finally
published record
of rights.
Preparation of
field index
(khasra)
Decision as to
conflict in any
case.
2[45A. (1) As soon as may be after the enforcement of the *Tripura Land
revenue and Land Reforms (Second Amendment) Ordinance, 1974
the Revenue Officer shall prepare and publish in the prescribed manner
a draft field index (khasra) in respect of every plot in a village recording
the status of the actual possessor and the conditions on which he holds
the land and shall fix a date not less than fifteen days from the date of
such publication for filing claims and objections.
*The Tripura Land Revenue and Reforms (Second Amendment) Ordinance,
1914 (Ordinance No. 2 of 1974) was promulgated by the Governor on the
twenty-eight day of February, 1974.
(2)The revenue Officer shall after giving the persons who have filed
claims and objections and also the persons whose interests are likely to
be affected, an opportunity of being heard, prepare the field index
(khasra) and publish it in the prescribed manner.
45. B. Notwithstanding anything herein before contained an entry
regarding the status of the actual possessor of a plot
16
and the conditions on which he holds the land in the field
index (khasra) as finally published shall, in case of conflict
with an entry in the records-of-rights, prevail and be
transferred to the record-of-rights for correction of such
record under certificate of such officer as may be prescribed
in this behalf.]
1. Amended by Fifth Amendment Act, 1979.
2. Amended by Second Amendment Act, 1974.
Register of
mutations.
Register of
Bargadars.
46. (1) There shall be maintained for every village a register mutations in such
form as may be prescribed.
3. Any person acquiring by succession, survivorship, inheritance, partition,
purchase, gift, mortgage, lease or otherwise any right in land or, where
such person acquiring the right is a minor or otherwise disqualified, his
guardian or other person having charge of his property, shall report his
acquisition of such right to the village accountant within three months
from the date of such acquisition and the village accountant shall give at
once a written acknowledgement in the prescribed form for such report
to the person making it.
4. The village accountant shall enter the substance of every report made to
him under sub-section (2) in the register of mutation and also make an
entry therein respecting the acquisition of any right of the kind
mentioned in sub- section (2) which he has reason to believe to have
taken place and of which a report has not been made under the said sub-
section and, at the same time, shall post up a complete copy of the entry
in a conspicuous place in the village and shall give written intimation to
all persons appearing from the record of rights or the register of
mutations to be interested in the mutations and to any other person
whom he has reason to believe to be interested therein.
5. Should any objection to an entry made under sub-section (3) in the register
of mutations be made either orally or in writing to the village
accountant, he shall entry the particulars of the objection in the register
of disputed cases and shall at once give a written acknowledgement in
the prescribed form for the objection to the person making it.
6. The objections made under sub-section (4) shall be decided on the basis of
possession by the competent authority and orders disposing of objections
entered in the register of disputed cases shall be recorded in the register
of mutations by the competent authority.
7. After the entries in the register of mutations have been tested and found
correct, the entries shall be transferred to the record of rights and shall
be certified by such officer as may be prescribed in this behalf.
3[“Provided that, the provisions of this Sub-Section shall not apply to leases made
under the provisions of the Tripura Agricultural Land Leasing Act, 2021.
1[Explanation. — This sub-section does not apply to base by which a Bargadar
acquires any rights in land.]
3[46.A. (1) A register of Bargadars shall be maintained for every village in
such from as may be prescribed.
17
1. Amended by Fifth Amendment Act. 1979.
2. Amended ibid.
3. Amended by twelfth Amendment Act, 2021
(2) A person lawfully recognized by a revenue officer not bellow the rank of
Collector for cultivating any land for a continuous period of at least 10 (ten)
consecutive years, which is not under personal cultivation of the person to
whom the land belongs, and of whose family the former is not a member, shall
be presumed to be a Bargadar in respect of such land and land ancillary thereto
subject to the provisions of section 187 and the burden of proving that such
person is not a Bargadar or that the land is in his personal cultivation shall,
notwithstanding anything to the contrary contained in any other law for the
time being in force, lie on the person who alleges that the person cultivating the
land is not a Bargadar in respect of such land.
Explanation.—The term ‘family’ in this sub-section shall have the same
meaning as in Chapter XIII of the Act.
(3) A Bargadar of a person presumed to be a Bargadar shall report his acquisition
of such right to the village accountant who shall give at once a written
acknowledgement in the prescribed form for such report to the person making
it.
(4) The village accountant shall enter the substance of every report made to him
under sub-section (3) in the register of Bargadars and also make an entry
therein respecting the acquisition of any right of the kind mentioned in sub-
section (2) which he has reason to believe to have taken place and of which a
report has not been made under the said sub-section.
(5) the competent authority shall cause to serve the complete copy of the entries in
the register of Bargadars on all the interested persons inviting objections, if
any, within thirty days from the date of service of the copy.
(6) The competent authority shall consider and dispose of summarily the
objections field, if any, under sub-section (5) after giving notice to the
interested parties to appear and be heard and shall modify or correct the entries
in the register of Bargadars wherever necessary. The burden of proof in respect
of his objections shall, notwithstanding anything to contrary contained in any
other law for the time being in force, lie on the objector.
(7) The entries in the register of Bargadar shall, on expiry of the period specified
for filing objections under sub-section (5) and on modification or correction of
the entries in the said register made in necessary cases under sub-section (6)
where objections have been filed under sub-section (5), be transferred to the
record-of-right for correction of such records under certificates of the
competent authority.
46.B. (1) Notwithstanding anything contained in any other law for the time being in
force, no order or other proceedings whatsoever under section 46A shall be
questioned in any civil court and no civil court shall entertain any suit or
proceedings in respect of any matter mentioned in that section.
(2) If any question as to whether a person is or is not a Bargadar arises in
course of any proceedings before any civil or criminal court, the court shall
refer it to the competent authority mentioned in section 45A for decision in the
manner prescribed.
_________________________________________________________________
1. Amended by twelfth Amendment Act, 2021
Jurisdiction of Civil
Court in respect of
any questions of
Bargadar excluded.
18
Penalty for neglect
to afford
information.
Assistance in
preparation of
maps.
Certified copies.
Maps and other
records open to
inspection
Power to
transfer duty of
maintaining
maps and
records to
settlement
officer
Determination of
village boundaries
Effect of
settlement of
boundary
47. The Collector may, if he is of opinion that any person has with fully
neglected to make the report required by section 46 within the prescribed
period, impose on such person a penalty not exceeding twenty five rupees.
48. Subject to rules made under this Act,--
(a) any revenue officer may, for the purpose of preparing or revising any map
or plan required for or in connection with any record or register under this
Chapter, exercise any of the power of the survey officer under section 27
except the power of assessing the cost of hired labour; and
(b) any revenue officer not below the rank of sub-divisional officer may
assess the cost of the preparation or revision of such map or plans and all
expenses incidental thereto, and such costs and expenses shall be
recoverable in the same manner as an arrear of land revenue.
49. Certified copies of entries in the record of rights may be granted by such
officers and no payment of such fees as may be prescribed.
50. Subject to such rules and on payment of such fees, if any, as may be
prescribed, all maps and land records shall be open to inspection by the
public during office hours, and certified extracts there form or certified
copies thereof may be given to all persons applying for the same.
51. When a local area is under settlement, the duty of maintaining the maps
and records may, under the orders of the 1[State Government] be transferred
from the Collector to the settlement officer.
CHAPTER VI.---BOUNDARIES AND BOUNDARY MARKS.
52. The boundaries of villages, survey numbers, sub-divisions and fields shall
be fixed, and all disputes relating thereto shall be determined, by survey
officers or by such other officers as may be appointed by the 2[State
Government] for the purpose in accordance with the rules made in this
behalf.
53. (1) The settlement of a boundary under this Chapter shall be
determinative—
(a) of the proper position of the boundary line or boundary marks; and
(b) of the rights of the landholders on either side of the boundary fixed in
respect of the land adjudged to appertain, or not to appertain, to their
respective holdings.
1. Amended by the North-Eastern Areas Reorganisation (Adaptation
of laws) (Tripura) order, 1973.
2. Amended ibid.
19
(2) Where a boundary has been so fixed, the collector may at any time
summarily evict any landholder who is wrongfully in possession of any land
which has been adjudged in the settlement of a boundary not to appertain to his
holding or to the holding of any person through or under whom he claims.
54. It shall be lawful for any survey officer authorised in this behalf to
specify, or cause to be constructed laid out, maintained or repaired boundary
marks of village or survey numbers or sub-division and to assess all charges
incurred thereby on the holders or others having an interest therein.
55. The boundary marks shall be of such description and shall be
constructed laid out, maintained or repaired in such manner and shall be of such
dimensions and materials as may subject to the rules made under this Act be
determined by the Collector or other officer appointed for the purpose.
56. Every land holder shall be responsible for the maintenance and good
repair of the boundary marks of his holding and for any charge reasonably incurred
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 servants to prevent the
destruction or unauthorised alteration of the village boundary marks.
57. After the introduction of survey and settlement in a district, the charge
of the boundary marks shall devolve on the collector and it shall be his duty to take
measures for their construction, laying out maintenance and repair.
58. Any person willfully erasing, removing or injuring a boundary mark
shall be liable to such penalty not exceeding fifty rupees as the competent
authority may impose
CHAPTE VII—REALISATION OF LAND REVENUE AND OTHER
PUBLIC DEMANDS
59. Land revenue assessed on any land shall be the first charge on that land
and on the crops rents and profits thereof.
60. Land revenue shall be payable at such times, in such installments to
such persons and at such places as may be prescribed.
61. (1) Any installment of land revenue or part thereof which is not paid
on the due date shall become an arrear of land revenue and the person
responsible for the payment shall become a defaulter.
(2) A Statement of account certified by the circle officer shall, for the purpose of
this chapter be conclusive evidence of the existence of the arrear of its amount
and of the person who is the defaulter.
Construction and
repair of boundary
marks.
Description of
boundary marks.
Responsibilities for
maintaining boundary
marks.
Collector to have
charge of boundary
marks.
Penalty for injuring
boundary marks.
Land revenue to be
first charge.
Payment of land revenue.
Arrear of land revenue.
20
Provided that nothing in this sub-section shall prejudice the right of such
person to make payment under protest and to question the corrections of the
account in separate proceeding before the competent authority.
Recovery of
arrears.
Notice of
demand.
Distraint and sale
of movable
property.
Sale of immovable
property.
Notice of sale.
Sale to be by
auction.
Prohibition to bid
at suction.
Sale of
perishables.
62. An arrear of land revenue may be recovered by any one or more of the
following processes, namely:-
(a) by serving a written notice of demand on the defaulter;
(b) by distraint and sale of the defaulter’s movable property, including the
produce of the land;
(c) by the attachment and sale of the defaulter’s immovable property.
63. The form and contents of the notice of demand and the officers by whom
such notice shall be issued shall be such as may be prescribed.
64. (1) The distraint and sale of the movable property of a defaulter shall be
made by such officers or class of officers in such manner and in accordance
with such procedure, as may be prescribed.
(2) Nothing in sub-section-(1) shall be demand to authorize the disttraint or
sale of any property which under the Code of Civil Procedure 1908, is
exempt from attachment or sale in execution of a decree or of any article set
aside exclusively for religious use.
65. (1) When the Collector is of opinion that the processes referred to in
clauses (a) and (b) of section 62 are not sufficient for the recovery of an
arrear, he may in addition to or instead of any of those processes cause the
land in respect of which such arrear is due to be attached and sold in the
prescribed manner.
(2) The Collector may also cause the right, title and interest of the defaulter in
any other immovable property to be similarly attached and sold.
66. Before effecting the sale of any land or other immovable property under
the provisions of this Chapter, the Collector or other officer empowered in
this behalf shall issue such notices and proclamantion, in such form in such
manner and containing such particulars as may be prescribed; the notices and
proclamations shall also be published in such manner as may be prescribed.
(2) A copy of every notice or proclamation issued under sub-section (1) shall
be served on the defaulter.
67. All sales of property, movable or immovable, under this Chapter shall be
by public auction held in accordance with such rules as may be prescribed.
68. No officer having any duty to perform in connection with any such sale
and no person employed by or subordinate to such officer shall either directly
or indirectly, bid for or acquire any property except on behalf of the
Government.
69. Perishable articles shall be sold by auction with the least possible delay
and such sale be finally concluded by the officer conducting the sale.
21
70. Every sale of property, movable or immovable, under the provisions of this
Chapter shall, as for as may be practicable, be proportionate to the amount of the
arrear of land revenue to be recovered together with the interest thereon and the
expenses of attachment and sale.
71. In all cases of immovable property, the party who is declared to be the
purchaser shall be required to deposit immediately 25 percent of the amount of his
bid, and the balance within fifteen days of the date of sale.
72. (1) In default of the payment of deposit referred to in section 71, the property
shall be put up for re-sale and the expenses incurred in connection with the first
sale shall be borne by the defaulting bidder.
(2) In default of payment of the balance of the bid amount within the period
prescribed in section 71, the deposit after defraying there from the expenses of the
sale shall be forfeited to the Government and the property shall be re-sold.
(3) Where the proceeds of the re-sale are less than the price bid by such defaulting
purchaser, the difference shall also be recoverable from him in the same manner as
an arrear of land revenue.
73. Where immovable property has been sold under this Chapter, the defaulter, or
any person owning such property or holding an interest therein may, at any time,
within thirty days of the date of sale or within such further period not exceeding
thirty days as the collector may for sufficient cause allow, apply in the prescribed
manner to the collector to have the sale set aside---
(a) on the ground of some material irregularity or mistake of fraud resulting in
substantial loss or injury to him, or
(b) on his depositing in the Collector’s office the amount of the arrear
specified in the proclamation of sale, the cost of the sale and for
payment to the purchaser, a sum equal to 5 percent of the purchase
money
74. If, in the expiration of thirty days from the date of sale of any immovable
property or of the further period, if any, allowed under section 73 no
application has been made for setting 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 to be recorded, the collector sets aside the sale
notwithstanding that no application therefore has been made.
75. (1) The Collector shall order the refund and payment to the purchaser, of---
(a) the amounts deposited by him under section 71; and
(b) the sum equal to 5 per cent of the purchase money deposited under clause
(b) of section 73 ;
if the sale is not confirmed or is set aside.
Sales not to be
excessive.
Deposit by purchaser
of immovable property.
Failure to make
deposit.
Setting aside sale.
Confirmation of sale.
Refunds.
22
(2) The Collector shall order the refund and payment of all the moneys
deposited under clause (b) of section 73 to the person who made the deposit,
if the sale is confirmed:
Provided that the Collector may set off the whole or any part of any
such moneys against any arrears of land revenue or any other arrear
recoverable as an arrear of land revenue, which may be out standing against
the person who made the deposit.
Certificate of
purchase.
Application of
proceeds of sale.
Liability of
certified
Precautionary
measure in certain
case.
Recovery of other
public demands.
76. When a sale held under this Chapter is confirmed, the Collector shall put
the person declared to be the purchaser in possession of the property and shall
grant him a certificate in the prescribed form to the effect that he has
purchased the property specified therein, and such certificate shall be deemed
to be a valid transfer of such property.
77. The proceeds of the sale of any property under this chapter shall be
applied in defraying the expense of the sale which shall be determined in the
prescribed manner and the balance shall be applied to the payment of the
arrears on account of which the sale was held and the surplus, if any, shall be
paid to the person whose property has been sold.
78. The person who has purchased any land and to whom a certificate of
purchase has been granted shall not be liable for the land revenue in respect of
t0he land for any period prior to the date of the sale.
79. When the crop of any land or any portion of the same is sold mortgaged
or otherwise disposed of the Collector may if he thinks it necessary prevent its
being removed from the land until the demand for the current year in respect
of the said land is paid whether the date fixed for the payment of the same
has arrived or not.
80. The following moneys may be recovered under this Act in the same
manner as an arrear of land revenue namely :-
(a) rent, fees and royalties due to the Government for use or occupation of
land or water or any product of land;
(b) all moneys falling due to the Government under any grant, lease or
contract which provides that they shall be re-coverable as arrears of land
revenue;
(c) all sums declared by this Act or any other law for the time being in force
to be recoverable as an arrear of land revenue.
CHAPTER VIII—PROCDURE OF REVNUE OFFICERS:
APPEALS AND REVISIONS
23
Revenue Officers
to be courts.
81. (1) A revenue officer, while exercising power under this Act or any j other
law for the time being in force to inquire into or to decide any question
arising for determination between the Government and any person or between
parties to any proceedings, shall be a revenue court.
(2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent
power of the revenue court to make such orders as may be necessary for the
end of justice or to prevent the abuse of the process of the revenue court.
82. Except for reasons to be recorded in writing, no revenue officer shall
inquire into or hear any case at any place outside the local limits of his
jurisdiction:
Provided that a sub-divisional officer may inquire into or hear any case at the
head quarters of the district to which he is appointed.
83. All revenue officers and persons acting under their orders may enter upon
and survey any land and demarcate boundaries and do all other acts necessary
for the purpose of discharging their duties under this Act or any other law for
the time being in force and in so doing, shall cause no more damage than the
circumstances of the case may require.
84. (1) The 1[State Government] may transfer any case or class of cases arising
under this Act or any other law for the time being in force from any revenue
officer to any other revenue officer competent to deal with it.
(2) The Collector or a sub-divisional officer may transfer any case or class of
cases arising under this Act or any other law for the time being in force for
inquiry or decision from his own file or from the file of any revenue officer
subordinate to him to the file of any other revenue officer subordinate to him
competent to deal with such case or class of cases.
85.(1) Every revenue officer not lower in rank than a circle officer acting as a
revenue court shall have power to take evidence and to summon any person
whose attendance he considers necessary either as a party or as a witness or to
produce any document for the purpose of any inquiry which such officer is
legally empowered to make; and all persons so summoned shall be bound to
attend either in person or by an authorised agent as such officer may direct, and
to produce such documents as may be required.
(2) Every summons shall be in writing signed and sealed by the officer issuing
it and shall be in such form and be served in such manner as may be prescribed.
86. If any person on whom a summons to attend as witness or to produce any
document has been served fails to comply with the summons, the officer by
whom the summons has been issued under section 85 may---
(a) issue a bail able warrent of arrest:
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees twenty.
Place of hearing.
Power of enter upon and
survey land.
Power to transfer cases.
Power to take evidence,
summon witnesses, etc.
Compelling attendance
of witnesses.
24
1. Amended by the North-Eastern Areas (Adaptation of laws) (Tripura) order 1973.
Hearing in
absence of
party.
87. (1) If on the date fixed for hearing a case or proceeding a revenue officer
finds that a summons or notice was not served on any party due to the failure
of the opposite party to pay the requisite process fees for such service, the
case or proceeding may be dismissed for default of payment of such process
fees.
(2) If any party to a case or proceeding before a revenue officer dose
not appear on the date fixed for hearing, the case may be heard and
determined in his absence or may be dismissed for default.
(3) The party against whom any order is passed under sub-section (1)
or (2) may apply within thirty days from the date of such order, to have it set
aside on the ground that he was prevented by sufficient cause from paying the
requisite process fees or from appearing at the hearing; and the revenue
officer may, after notice to the opposite party and after making such inquiry as
he considers necessary, set aside the order passed.
Adjournment of
hearing
Power to order
payment of
Use of force.
Appearances
before and
applications to
officers.
Correction of error
of omission.
88. (1) A revenue officer may, from time to time, for reasons to be recorded,
adjourn the hearing of a case or proceeding before him.
(2) The date and place of an adjourned hearing shall be intimated at the time
of the adjournment to such of the parties and witnesses as are present.
89. A revenue officer may direct the parties to pay the cost incurred in any
case before him and also apportion the cost among the parties in such manner
and to such extent as he may think fit.
90. Where any order is passed under this Act directing any person to deliver
possession of land or directing the eviction of any person from land such
order shall be executed by the competent authority in such manner as may be
prescribed and it shall be lawful for such authority, in accordance with rules
to be prescribed, to take such steps and use or cause to be use such force as
may be reasonably necessary for securing compliance with the order.
91. All appearances before application to, and acts to be done before, any
revenue officer under this Act or any other law for the time being in force
may be made or done by the parties themselves or by their authorised agents
or by any legal practitioner;
Provided that any such appearance shall, if the revenue officer so
directs be made by the party in person.
92. Any revenue officer by whom an order was passed in a case or
proceeding may, either on his own motion or on the application of a party,
25
correct any error or omission not affecting a material part of the case or
proceeding, after such notice to the parties as he may consider necessary.
Appeals. 93. (1) Save as otherwise expressly provided, an appeal shall lie from every
original order passed under this Act,--
(a) If such an order is passed by an officer subordinate to the sub-
divisional officer to the sub-divisional officer;
(b) If such an order is passed by the sub-divisional officer, to the
Collector;
(c) if such an order is passed by the collector, to the State Government;
(d) if such an order is passed by an assistant survey and settlement
officer, to the survey and settlement officer or to a revenue officer notified by
the State Government in the Official Gazette to be the appellate authority; and
(e) if such an order is passed by a survey and settlement officer, to the
director of settlement and land records or to a revenue officer notified by the
State Government in the Official Gazette to be the appellate authority.
(2) A second appeal shall lie against any order passed in first appeal,--
(a) if such an order is passed under clause (a) of sub-section (1), to the
Collector;
(b) if such an order is passed under clause (b) of sub-section (2), to the
State Government;
(c) if such an order is passed under clause(d) of sub-section (1) to the director
of settlement and land records or to a revenue officer notified by the State
Government in the Official Gazette to be the second appellate authority;
and
(d) if such an order is passed under clause (e) of sub-section (1), to the
State Government.
94. (1) No appeal shall lie,--
(a) in the case of a first appeal, after the expiry of thirty days from the date of
the order appealed against; and
(b) in the case of a second appeal, after the expiry of sixty days from the date
of the order appealed against.
(2) In computing the above periods, the time required to obtain copies of the
order appealed against shall be excluded.
95. State Government or the Collector may, at any time, either on his
own motion or on the application of any party, call for the records of any
proceedings before any revenue officer subordinate to him for the purpose
of satisfying himself as to the legality or the propriety of any order passed
Limitation of
appeals.
Revisions.
26
by such revenue officer, and may pass such order in reference thereto as he
thinks fit:
Provided that he shall not vary or reverse any order affecting any right
between private persons without having given to the parties interested notice to
appear and be heard.
Review of
orders.
Stay of
execution of
orders.
96. (1) A revenue officer may, either on his own motion or on the
application of any party interested, review any order passed by himself or by
any of his predecessors-in-office and pass such order in reference thereto as
he thinks fit:
Provided that a revenue officer subordinate to the Collector shall,
before reviewing any order under this section obtain the permission of the
collector and the collector shall, before reviewing an order passed by any of
his predecessors- in-office obtain the permission of the 1[State Government.]
(2) No order affecting any question of right between private persons
shall be reviewed except on the application of a party to the proceedings or
except after notice to the other party and no application for the review of
such order shall be entertained unless it is made within ninety days from the
date of the order.
(3) No order shall be reviewed except on the following grounds,
namely:-
(i) discovery of new and important matter of evidence;
(ii) some mistake or error apparent on the face of the record; or
(iii) any other sufficient reason.
(4) For the purpose of this section, the collector shall be deemed to be
the successor-in-office of any revenue officer who has left the district or who
has ceased to exercise powers as a revenue officer and to whom there is no
successor in the district.
(5) An order which has been dealt with an appeal or on revision shall
not be reviewed by any officer subordinate to the appellate or revisional
authority.
97. (1) A revenue officer who has passed any order or his successor-in-
office may, at any time before the expiry of the period prescribed for appeal,
direct the stay of execution of such order for which period as he thinks fit
provided that no appeal has been filed.
(2) Any authority before whom a case is pending in appeal or revision
may direct the stay or execution of the order appealed from or under revision
for such period as it may think fit.
27
Power to make
rules.
(3) The revenue officer or other authority directing such stay of
execution of any order may impose such conditions, or order such security to
be furnished, as he or it may think fit.
98. (1) The 2[state Government] may, by notification in the Official
Gazette, make rules for carrying out the purpose of this Part.
1. Amended by the North Eastern Areas (Reorganisation) (Tripura)
Adaptation of laws Order, 1973.
2. Amended ibid.
(2) In particular and without prejudice to the generality of the foregoing
power, such rules may provide for—
(a) the manner of appointment of revenue officers, survey officers and
settlement officers, and other village officers and servants, their powers and
duties, the official seals, if any, to be used by them and the size and description
of the seals;
(b) the Collector’s powers of superintendence and control over other
officers;
(c) the officers who should hear and decide disputes regarding rights in or over any
property claimed by or against the Government and the procedure to be followed by them;
(d) the disposal of government lands by assignment or grant to individuals or to
public purpose and the terms and conditions subject to which such assignments or grants may
be made;
(e) the preservation and disposal of trees, brush wood, jungle and other natural
products on Government land and the recovery of the value of trees or other natural product
unauthorisedly appropriated by persons.
(f) the procedure for summary eviction of trespassers on Government land;
(g) the alteration and revision of the land revenue in cases of alluvion or diluvion or of
diversion of land for purposes other than agriculture;
(h) the grant of permission to user agricultural land for non-agricultural purposes;
(i) the determination of additional rates for use of water;
(j) the circumstances in which remission or suspension of revenue may be made and
the rate of such remission or suspension;
(k) the form of receipt for payment of land revenue;
(l) the conduct of surveys and settlements of land revenue;
(m) the manner of estimating the cost of cultivation and other expenses in relation to
the inquiry into profits of agriculture;
(n) the division of survey numbers into sub-divisions and the assessment of sub-
divisions;
(o) the statistical, fiscal and other records and registers to be prepared and maintained
under this Part;
28
(p) the manner in which the costs and expenses incidental to revenue survey or the
construction, repair and maintenance of boundary marks shall be determined and
apportioned between persons who are liable to bear the same;
(q) the fixing, construction, laying out, maintenance and repair of boundary marks, and
the settlement of disputes relating thereto;
(r) the division of areas into units for determining the revenue rates and the
preparation of the table of revenue-rates;
(s) the preparation and the preliminary and final publication of the record of rights and
the table of revenue-rates;
(t) the hearing and disposal of objections to any entry or omission in the table of
revenue-rates, the record of rights, and the register of mutations;
(u) the manner and extent of alteration or revision of revenue-rates during the term of
settlement;
(v) the correction of bona fide errors and mistakes in the revenue records, registers and
maps prepared under this Part.
(w) the manner in which the average yield of crops of land shall be ascertained;
(x) the manner of holding inquiries by revenue officers under this Part;
(y) the application of the provisions of the Code of Civil Procedure, 1908, to cases and
proceedings before a revenue court;
(z) the from of summons and other processes, notices, orders and proclamations to be
issued or made by revenue officers and the manner of their service;
(aa)the procedure for the attachment and sale of property and the confirmation and the
setting aside of sales of immovable property under Chapter VII;
(bb) the manner of publication of notices and proclamations of attachment and sale of
property;
(cc)the manner in which the cost and expenses incidential to the attachment and sale of
property shall be determined;
(dd) the manner of payment of deposit and of the purchase money of property sold for
arrears of land revenue;
(ee)the circumstances in which precautionary measures for securing the land revenue
under section 79 may be taken;
(ff) the procedure for the transfer of cases from one revenue officer to another;
(gg) the manner of preferring appeals or applications for revision or review, the
documents to accompany the memorandum of appeal or such application and the
fee, if any, leviable therefore;
(hh) the grant of certified copies and the payment of fees for inspection an grant of
certified copies of revenue records and register;
(ii) the mode of execution of any orders directing any person to deliver possession of
land or to be evicted from land, including the use of force for securing compliance
with such order;
(jj) any other matter which is to be or may be prescribed.
29
PART III
Chapter IX.—Right of raiyats in land
99. (1) For the removal of doubts, it is hereby declared that subject to the other
provisions of this Act,--
(a) the right of a raiyat in his land shall be permanent, heritable and transferable;
(b) the raiyat shall be entitled by himself his servants under-raiyat, agents or
other representatives to erect farm buildings, construct wells or tanks or
make other improvements thereon for the better cultivation of the land or its
convenient or profitable use;
(c) the raiyat is entitled to plant trees on his land, to enjoy the products thereof
and to fell, utilise or dispose 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 adjoining land which is not his or in contravention of the
provisions of any other law for the time being in force applicable to such lands.
100. (1) Every raiyat who, at the commencement of this Act, owns land in
excess of a basic holding shall be entitled to apply to the competent authority for
the reservation for his personal cultivation of any parcel or parcels 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 manner within a period of one year from the
commencement of this Act.
Explanation.—In the case of a person under disability, the application shall
be made by his guardian or his authorised agent, as the case may be.
101. (1) The competent authority shall, on an application made under section
100, issue notice together with a copy of the application to each of the under-
raiyats holding land from the applicant requiting the under-raiyat to submit his
objections, if any, within a period of ninety days from the date of service of
such notice or within such further period as the competent authority may allow.
(2) An under-raiyat on whom a notice has been served under sub-section (1)
shall furnish to the competent authority within the period aforesaid details of
lands owned by him or held as under-raiyat of any other raiyat and of lands
which he selects for retention by him.
(3) The competent authority shall, after considering the objections and the
details, if any, furnished by the under-raiyats and after making such inquiry as
it may consider necessary determine the land, or lands exceeding the
permissible limit, which in its opinion having regard to all the circumstances of
the case may be reserved for personal cultivation of the raiyat and the lands
which each of his under-raiyats may be allowed to retain.
Right of
raiyats.
Reservation
of land for
personal
cultivation.
Procedure
for reservation
Of lands.
30
“Permissible limit”
defined.
102. (1) In section 101, “permissible limit” means an area of land which a
raiyat may resume from under-raiyats for personal cultivation, that is to say,--
(a) in the case of a person under disability, 1[7.20 standard hectares;]
(b) in the case of any other person who---
(i) owns a basic holding or less, the entire area owned by him;
(ii) owns more than a basic holding but not exceeding a family holding,
one-half of the area leased to under-raiyats or the area by which the
land under his personal cultivation falls short of a basic holding,
whichever is greater;
(iii) owns more than a family-holding—
(1) if he has no land, or any land which is less than a family holding,
under his personal cultivation, one-half of the area leased to
under-raiyats but not exceeding the area by which land under his
personal cultivation falls short of a family holding, provided that
the under-raiyat is left with not less than a basic holding and
provided further that a raiyat shall in any case be entitled to
resume an area by which land under his personal cultivation falls
short of a basic holding; and
(2) if he has a family holding or more under his personal cultivation,
the area leased to under-raiyats but not exceeding the area by
which land in his personal cultivation falls short of 2[7.20 standard
hectares,] provided that the under-raiyat is left with not less than a
family holding.
Explanation ------ For the purpose of determining the permissible limit
of raiyat under this sub-section, any non-resumable land which he may hold
as an under-raiyat shall also be taken into account.
(2) Notwithstanding anything contained in sub-section (1), an under-raiyart
who under any law, custom or usage is not liable to eviction at the
commencement of this Act on the ground that the land is required for
personal cultivation, shall in all cases be left with a basic holding or the
land actually held by him, whichever is less.
(3) Any transfer of land made on or after the 10 th August, 1957 shall be
disregarded in computing the permissible limit.
1. Amended by the second Amendment Act, 1974.
31
2. Amended ibdi.
103. In the case of a raiyat who at the commencement of this Act does
not own land in excess of a basic holding, all land owned by him and held by
under-raiyats at such commencement shall, subject to the provisions of sub-
section(2) of section 102, be deemed to have been reserved for his personal
cultivation.
Explanation.—Any transfer of land made on or after the 10 th August,
1957 shall be disregarded in determining the extent of land owned by a raiyat at
the commencement of this Act.
104. The competent authority shall declare every land which, under sub-
section (3) of section 101, an under-raiyat is allowed to retain to be the non-
resumable land of the under-raiyat.
105. (1) Subject to the provisions of this Act, a raiyat may lease out his
land to another person on such rent not exceeding the maximum rent referred to
in section 111 as may be agreed upon between him and such person.
1[(2) “Notwithstanding anything contained in any contract, every lease of
agricultural land of a raiyat made after the commencement of this Act on
condition of payment of rent in cash or kind or delivery of a share of the
produce shall be deemed to be a lease in perpetuity not terminable
otherwise than under the provisions of this Act”;
(3) “In respect of any lease made after the commencement of the Tripura
Land Revenue and Land Reforms (Second Amendment) Ordinance,
1974 a raiyat who is a person under disability, on the cessation of the
disability in the manner laid down in the Explanation to sub-section (3)
of Section 118, may, by giving the under raiyat three months’ notice in
writing before the expiry of any year, terminate the tenancy if the raiyat
requires the land bonafide for personal cultivation by him.”
106.(1) Where are Collector is satisfied that any land has remained
uncultivated for a period of not less than 2[one year] otherwise than in
accordance with rules made in this behalf under this Act and that it is
necessary for the purpose of ensuring the full and efficient use of the land, for
agriculture to do so, he may after making such inquiry as may be prescribed
lease out the land in accordance with the rules made under this Act.
Land deemed to
be reserved for
personal
cultivation in
certain cases.
Non-
resumable
land
Rights to lease.
Land left
uncultivated
32
3[(2) “Any lease made under sub-section (1) shall be deemed to be a
lease for two years terminable by giving three months’ notice before the
expiry of any year in case the defaulting raiyat or under raiyat applies
for restoration of such land for cultivation”; and
“Provided that if the lessee has made any improvement to the land at his
own expense, he shall be entitled to receive compensation before he is
evicted for such improvement as in the opinion of the competent
authority is reasonable.”
1. Amended by the second Amendment Act, 1974.
2. Amended ibdi.
3. Amended ibdi.
Relinquishment 107. (1) Subject to any rules that may be made under this Act, a raiyat may
relinquish his rights in respect of any land in his possession in favour of
Government by giving a notice in writing to the competent authority in such
form and manner as may be prescribed, not less than three months before the
close of any year and thereupon he shall cease to be a raiyat in respect of that
land from the year next following the date of notice:
Provided that relinquishment of only a part of a holding or of a holding
which, or part of which, is subject to an encumbrance or a charge, shall not
be valid.
(2) If any person relinquishes his rights to a land under sub-section
(1), the way to which lies through other land retained by him, any future
holder of the land relinquished shall be entitled to a right of way through the
land retained.
1[Chapter IX A]
Certain restrictions on the rights of transfer for the protection of the
interests of the Scheduled Tribes.
Application of this
Chapter to certain
Areas.
Definitions.
107A. The provisions of this Chapter shall apply to villages and tehsils as
specified in the Second Schedule and the transfer of land in such tehsils or
villages shall be governed by the provisions of this Chapter and the rules
made there under.
107B. In this Chapter,--
(a) “family” shall have the same meaning as assigned to it in Chapter
XIII.
(b) “land” means land used for agricultural purposes;
(c) “landless” means a person who owns less than 0.40 standard
hectare of land;
33
(d) “transfer” includes lease, mortgage with possession, sale,
exchange or otherwise part with the rights of any land, but shall
not include gift to any member of the family and inheritance.
1. Amended by the Third Amendment Act, 1975.
107C. Subject to the provisions of section 131 of this Act any transfer of land by
a person not belonging to the Scheduled Tribe within the village or tehsil
specified in the Second Schedule shall be void unless such transfer is made in
accordance with the provisions of this Chapter.
107D. (1) If any person not belonging to the Scheduled Tribe at any time intends
to transfer his land situated within a village or tehsil specified in the Second
Schedule, he shall file notices giving particulars in the prescribed form together
with the process fee to the competent authority for the service thereof on all the
co-shares of such land and all the members of the Scheduled Tribe owning land
adjoining such land.
(2) The competent authority shall cause the notices served on the co-sharers and
the members of the Scheduled Tribe referred to in sub-section (1) by registered
post and shall cause copies of the notices to be affixed on such land and in the
office of the competent authority.
(3) If the co-sharer and the member of the Scheduled Tribe as referred to in
sub-section (1) intend to purchase such land, they may within one month from
the date of receipt of the notice under sub-section (2), apply to the competent
authority to purchase such land subject to the ceiling limit as provided in section
164A.
(4) If the co-sharer and the member of the Scheduled Tribe as referred to in sub-
section (1) both apply to purchase, the former shall have preference to purchase
such land and in case where there are more than one such co-sharer or member of
the Scheduled Tribe, the co-sharer or the member of the Scheduled Tribe, as the
case may be, having the lowest holding shall have preference to purchase.
(5) If the co-sharer and the member of the Scheduled Tribe as referred to in sub-
section (1), fail to apply to the competent authority within the time specified in
sub-section (3), the competent authority may after making such enquiry as may
be prescribed, select a landless member of the Scheduled Tribe who resides in
the village or tehsil where such land is situated and who is ready to purchase such
land.
(6) If there is any dispute about the market value payable for such land, either
the intending transferer or the intending purchaser may file an application to the
Restriction on
Transfer.
Procedure to be
Followed for
Transfer of land
34
competent authority within one month from the date or receipt of the notice
under sub-section (2), for determining the market value of such land and the
competent authority shall determining the market value of such land after giving
notices to the persons interested and after making such enquiry as may be
prescribed.
Note:- In the case of a landless member of the Scheduled Tribe selected
by the competent authority under sub-section (5), the period of one month shall
be computed from the date of his selection.
(7) After receiving the applications under sub-section (3) the competent
authority shall give notice to the applicants to appear before him within such
time as may be specified in the notice and after hearing the applicants select
the intending purchaser to purchase such land.
(8) The selected intending purchaser referred to in sub-section (5) or (7), as
the case may be, shall deposit with the competent authority the consideration
money claimed by the intending transferer if there is no dispute about the
market value of such land, and in case of any dispute about the market value
of such land, the consideration money determined under sub-section (6),
within such period as may be prescribed.
4 of 1882
16 of 1908
Panalties
(9) Notwithstanding anything contained in the Transfer of Property Act, 1882
and the Registration Act, 1908 regarding transfer of land, on deposit of the
consideration money as referred to in sub-section (8), the competent authority
shall issue a certificate in the prescribed form to the selected intending
purchaser declaring him to be the transferee of such land and on such
certificate being issued, such land shall vest in the transferee; the competent
authority shall also direct that the consideration money deposited shall be
paid to the transferor.
(10) If the co-sharer or the member of the Scheduled Tribe as referred to in
sub-section (1) does not apply to purchase such land in response to the notice
given to him by the competent authority under sub-section (2), within the
time specified in sub-section (3) and if the selected intending purchaser fails
to deposit the consideration money under sub-section (8), such co-sharer or
member of the Scheduled Tribe shall forfeit his right to purchase such land
and the intending transferer shall be entitled to transfer such land to any other
person:
Provided that if the selected intending purchaser is a member of the
Scheduled Tribe and if he is not in a position to purchase such land
immediately, the State Government may purchase such land and
subsequently transfer the same to him on payment of consideration money
in the manner prescribed.
107E. (1) If any transfer of land is made within the village or tehsil specified
in the Second Schedule in contravention of the provisions of this Chapter,
35
any Revenue Officer specially appointed for the purpose by the State
Government by notification in the Official Gazette, may at his own motion or
on application made to him in this behalf and after giving the transferee an
opportunity of being heard, by an order in writing, eject the transferee or any
other person claiming under him from such land and take possession of such
land.
(2) The right, title and interests of the transferer on land in respect of which
order has been passed under sub-section (1) shall vest in the State
Government.]
CHAPTER X---Right of under-raiyats.
108. (1) The interest of an under-raiyat in any land held by him as such shall be
heritable but, save as otherwise provided in this Act, shall not be transferable.
(2) No under-raiyat shall be evicted from his land except as provided in this Act.
109. It shall be lawful for an under raiyat to create a simple mortgage or a charge
on his interest in the land leased to him, in favour of the Government, 1[a
cooperative society, a bank or such other institution as may be notified in the
Official Gazette by the State Government] in consideration of any loan advanced to
him 2[by the Government or, as the case may be, by a cooperative society or a bank
or an institution] ; and in the event of his making default in the repayment of such
loan in accordance with its terms, it shall be lawful 3[ for the lender] to cause his
interest in the land to be attached and sold and the process applied in payment of
such lone.
4[Explanation.— In this section, the expression a bank means—
(a) a banking company as defined in the Banking Regulation Act, 1949 ;
(b) the state bank of India as constituted under the State Bank of India Act,
1955 ;
5[bb) a subsidiary Bank as defined in the State Bank of India (Subsidiary Banks)
Act, 1959 ;]
(c) a corresponding new bank constituted under the Banking Companies
(Acquisition and Transfer of Undertaking) Act, 1970 ;
(d) Agro-Industries Corporation ;
(e) the Agriculture Refinance Corporation constituted under the Agriculture
Refinance corporation Act, 1963 ;
(f) the Agriculture Finance Corporation Limited, a company incorporated
under the Companies Act, 1956.]
6[109A. It shall be lawful for an under raiyat who is person under disability to
lease land from year to year not beyond the year in which the disability ceases
in the manner laid down in the Explanation to sub-section (3) of Section 118.]
Interest of under-
raiyats
Right to create
a mortgage or
charge
10 of 1949
22 of 1955
38 of 1959
5 of 1970
10 of 1963
1 of 1956
Lease of land by
under-raiyat to
be legal
36
110. An under-raiyat may, with the permission in writing of the raiyat, or if
permission is refused without sufficient reason or is not given within two
months, after obtaining the orders of the competent authority in the prescribed
manner, make at his own expense any improvement to the
1. Amended by the Second Amendment Act, 1974.
2. Amended ibid.
3. Amended ibid.
4. Amended ibid.
5. Amended by the Third Amendment Act, 1975.
6. Amended by the Second Amendment Act, 1974.
land held by him, but shall not become liable the State Government pay a
higher rate of rent on account of any increase of production or of any change
in the nature of the crop raised, as a consequence of such improvement.
Maximum rent
Determination of the fixed
produce rent
Payment of rent
Reasonable rent
111. The rent payable by an undr0raiyat in respect of any land held by him
shall not exceed,--
(a) where the rent is payable in kind as a share of the produce, one-fourth of
the produce of such land or its value estimated in the prescribed manner if
plough cattle for the cultivation of such land is supplied by the raiyat and
one-fifth of such produce or its value as so estimated if plough cattle is
not supplied by the raiyat;
(b) in any other case, four times the land revenue payable in respect of the
land.
1[111A. “Where the rent in kind payable by an under-raiyat in respect of any
land is a share of the produce, the competent authority shall, on application,
convert such rent into fixed produce rent equivalent to such quantity of the
normal produce of such land as determined in the prescribed manner”.
112.(1) The rent payable by an under-raiyat shall, subject to the provisions of
section 111, be the rent agreed upon between him and the raiyat, or where
there is no such agreement, the reasonable rent.
(2) The rent shall be paid at such times and in such manner as nay have been
agreed upon, or in the absence of such agreement, as may be prescribed.
113. (1) The competent authority may, 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 application under sub-section (1) and the procedure to be
followed by the competent authority shall be such as may be prescribed.
(3) In determining the reasonable rent, the competent authority shall have
regard to--
(a) the rental value of lands used for similar purposes in the locality;
(b) the profits of agriculture of similar lands in the locality;
(c) the price of crops and commodities in the locality;
(d) the improvements, if any, made to the land by the raiyat or the
under raiyat;
(e) the land revenue payable in respect of the land; and
Right to make
improvement
37
(f) any other factor which may be prescribed.
(4) Where the reasonable rent for any land has been determined under this
section, it shall not be altered for a period of five years except on any of the
following grounds, namely:-
(a) that the quality of the land has deteriorated by flood or other natural
causes;
1. Amended by the Second Amendment Act, 1974.
(b) that there has been an increase in the produce of the land on account
of improvements made to it at the expense of the raiyat;
(c) that the extent of land has been altered by more than one acre by
alluvion or dilluvion;
(d) that the land has been partially or wholly rendered unfit for
cultivation.
(5) Nothing in sub-sections (!) to (4) shall afect the right of the Government to
make an order directing the determination of the reasonable rent of lands in any
specified area.
114. (1) In any case in which rent is payable in kind, the raiyat or the under-
raiyat may apply in writing to the competent authority in the prescribed form and
manner, for commuting the rent into money rent.
(2) On receipt of such application, the competent authority shall, after giving
notice to the other party, determine the money rent payable for the land in
accordance with the following provisions but not exceeding the maximum rent
specified in section 111.
(3) In determining the money rent, regard shall be had to--
(a) the average money rent payable by under-raiyats for land of similar
description and with similar advantages in the vicinity;
(b) the average value of the rent for the land actually received by the
raiyat during the three years preceding the date of application;
(c) the average prices of crops and commodities in the locality during the
three years preceding the date of application;
(d) the improvements, if any, made to the land by the raiyat or the under-
raiyat; and
(e) any other factor which may be prescribed.
115. Every raiyat shall give or cause to be given a receipt for the rent received
by him or on his behalf in such form as may be prescribed duly signed by him or
his authorised agent.
116. If any raiyat recovers from an under-raiyat rent in excess of the amount due
under this Act, he shall forthwith refund the excess amount so recovered and
shall also be liable to punishment as provided in this Act.
Commutation of
rent payable in
kind
Receipt for
payment of rent
Refund of rent
recovered in excess.
38
1[116A. “Notwithstanding anything contained in any contract, an under-raiyat
may pay the rent to the competent authority in the prescribed manner on the
raiyat’s refusal to accept the rent offered to him and shall on such payment get
valid discharge of his liability to pay the rent to the raiyat who shall be paid the
rent or market value thereof in the case of rent in kind, by such authority after
deducting such recovery charges as may be prescribed”.
1. Amended by the Second Amendment Act, 1974.
Suspension of
remission of rent
Eviction of
under raiyat
117.(1) Where a raiyat has obtained from or been granted by the government
any relief by way of suspension or remission, whether in whole or in part, of
the land revenue payable in respect of his land, he shall be bound to give,
and the under-raiyat concerned shall be entitled to receive from the raiyat, a
corresponding or proportionate relief by way of suspension or remission of
rent payable in respect of such land.
(2) The nature and extent of the relief which a raiyat is bound to give and
which the under-raiyat is entitled to receive under sub-section (1) shall be
determined in accordance with the rules made under this Act.
(3) No suit shall lie and no decree of a civil court shall be executed for the
recovery by a raiyat of any rent the payment of which has been remitted, or
during the period for which the payment of such rent has been suspended,
under this section.
(4) The period during which the payment of rent is suspended under this
section shall be excluded in computing the period of limitation for any suit or
proceeding for the recovery of such rent.
(5) If any raiyat fails to suspend or remit the payment of rent as provided in
sub-section (1), he shall be liable to refund to the under-raiyat the amount
recovered by him in contravention of the provisions of this section and shall
also be liable to punishment as provided in this Act.
118.(1) No person shall be evicted from any land held by him as under-raiyat
except under the order of the competent authority made on any of the
following grounds, namely:-
(a) that the land has been reserved for personal cultivation of the raiyat
under section 101, or is deemed to have been reserved for personal
cultivation of the raiyat under section 103;
(b) that a notice has been given to the under-raiyat under sub-section
(3) of section 105;
(c) that the under-raiyat has intentionally and wilfully committed such acts
of waste as are calculated to impair materially or permanently the
value or utility of the land for agriculture purposes;
(d) that the under-raiyat has failed to pay rent within a period of three
months after it falls due:
Payment of rent to
the competent
authority by under
raiyat
39
Provided that the competent authority may, if it thinks fit, grant further time not
exceeding six months for payment of the rent;
(e) that the under-raiyat, not 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 an under-raiyat shall be executed till the standing
crops, if any, on the land are harvested.
(3) Where any land has been resaved 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-raiyat in respect of such land under clause (a) of sub-section
(1) shall lie after the expiry of five years from the commencement of this Act or
one year from the date of the said order, whichever is later:
Provided that where any such raiyat is a person under disability, such suit
or application may be instituted or made within a period of five years from the
date when the disability ceases.
Explanation.—For the purposes of this sub-section, the disability of a person
shall cease,--
(a) in the case of a widow, if she re-marries, on the date of her
remarriage or if any person succeeds to the widow on her death, on the
date of her death;
(b) in the case of a minor, on the date of his attaining majority;
(c) in the case of a woman who is unmarried or who is divorced or
judicially separated from her husband, on the date of her marriage or
remarriage, as the case may be, or in the case of a woman whose husband
is a person falling under clause(d) or (e), on the date on which the
disability of the husband ceases;
(d) In the case of a person who is a member of the Armed Forces of
the Union, on he date of his discharge from service or of his posting to the
reserve;
(e) in the case of a person suffering from a physical or mental
disability, on the date on which the disability ceases to exist.
119. Where a person who has taken possession of any land by evicting an
under-raiyat there from on the ground that the land had been reserved for
personal cultivation by him, fails to cultivate such land personally within one
year from the date on which he took possession there of or ceases to cultivate
such 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 the land from
which he was evicted.
Restoration of possession
of land to under raiyat
40
Explanation.—For the purpose of this section, land shall not be deemed to
be under the personal cultivation of a person (not being a person under
disability) unless such person or a member of his family engages himself in
the principal agricultural operations.
120. If a raiyat fails to—
(a) apply for reservation of any land within the period prescribed in section
100, and the land is not deemed to have been reserved under section 103,
or
(b) file a suit or application for the eviction of the under-raiyat from any land
reserve under section 101 within the period prescribed in sub-section (3)
of section 118, or
Certain lands to be
non-resumable land
of under-raiyat
(c) cultivate or ceases to cultivate the land and the under-raiyat is restored to
possession of the land under section 119, the competent authority may suo-motu
and shall, on application, after making such inquiry as may be prescribed,
declare the land to be the non-resumable land of the under-raiyat.
Compensation for
improvements
Under raiyat may
remove building
works, etc, not
deemed
improvements
121.1) An under-raiyat who has made any improvement at his own expense on
the land leased to him shall, if he is to be evicted under the provisions of this
Chapter, be entitled to receive compensation, before he is so evicted, for such
improvement as, in the opinion of the competent authority, is reasonable.
(2) The compensation payable to an under-raiyat under sub-section (1) shall be
determined in accordance with the value of such improvements on the date of
eviction, and in determining such compensation, regard shall be had to the
following maters namely:-
(a) the amount by which the value of the land has increased by reason
of the improvement;
(b) the condition of the improvement at the date of the determination of
the value thereof and the probable duration of its effect;
(c) the labour and capital involved in the making of the improvement;
and
(d) the advantages secured by the under-raiyat in consideration of the
improvement made by him.
(3) In any case in which compensation is payable to an under-raiyat under this
section, the competent authority may direct that--
(a) the whole or any part of any loan which the under-raiyat has taken
on the security of his interest in the land under section 109 and which is
outstanding shall be deducted from such compensation and paid to the
Government or the co-operative society, as the case may be;
(b) any arrear of rent due by the under-raiyat to the raiyat and the
costs, if any, awarded to the raiyat shall be adjusted against the
compensation.
122. An under-raiyat against whom an order of eviction has been passed, shall
be entitled to remove within such time as is deemed reasonable by the
41
“Restoration of
possession of land
in certain other eases
competent authority any work of improvement which can be served from the
land and which the under-raiyat desires to remove, or any building or
construction or work (which is not an improvement) in respect of which the
raiyat is not willing to pay the compensation.
1[123. (1) Notwithstanding anything contained in any other law for the time
being in force or any decree or order of any court where a Bargadar of any land
has, on or after the 28th February, 1974, surrendered or been evicted from such
land in contravention of the provision of this Act, the competent authority may,
suo-motu or on application made by the Bargadar, restore him, in the manner as
may be prescribed, to possession of the land which he surrendered or from
which he was evicted.
1. Amended by the Fifth Amendment Act, 1979.
Explanation.—In this section the term ‘bargadar’ shall have the same
meaning as defined in clause (bb) of section 2 of this Act, but shall not include an
under raiyat within the meaning of clause (v) of section 2 of this Act]
(2) The competent authority shall, before making an order sub-section (1), make
such inquiry as may be prescribed.
124. Where a tenancy is sought to be terminated on the ground that the under-
raiyat has materially impaired the value or utility of the land for agricultural
purposes, if the damage to the land admits of being repaired or if pecuniary
compensation would afford adequate relief, no proceeding for eviction shall lie
against the under-raiyat unless and until the raiyat has served on the under-raiyat
a notice in writing specifying the damage complained of and the under-raiyat has
failed within a period of one year from the service of such notice to repair the
damage or to pay compensation thereof.
1[125. After the enforcement of the Tripura Land Revenue and Land Reforms
(Second Amendment) Ordinance, 1974 no under-raiyat shall surrender any land
held by him except to the Collector who shall lease out the surrendered land in
the prescribed manner to any other deserving person and the lessee shall acquire
all the rights of the under-raiyats who relinquished his rights.”
125A. “Notwithstanding anything contained in the other provisions of this Act,
the State Government may, by notification with effect from such date as may
be specified in such notification, declare all lands held by under-raiyats in any
local area to be their non-resumable lands and the provisions of Sections 126 to
130 shall, as for as may be, apply to such lands”.
126. Subject to the other provisions of this Act, the ownership of any land which
is declared to be the non-reasonable land of an under-raiyat under section 104 or
section 120 or section 125A shall stand transferred from the raiyat thereof to the
under-raiyat with effect from the date of such declaration, and the under-raiyat
shall become the owner of such land and be liable to pay land revenue therefor.
Relief against
termination of
tenancy for act of
waste
Surrender of land by
under raiyat
Declaration of non-
resumable lands
Transfer of ownership of
land to under raiyats
Compensation to raiyat
42
127.(1) In respect of every land the ownership of which stands transferred to the
under-raiyat under section 126, the raiyat shall be entitled to compensation which
shall consist of the aggregate of the following amounts, that is to say,--.
(a) an amount equal to thirty times the full land revenue payable for the
land or, if the land is held revenue-free or at a confessional rate, thirty times
the amount of land revenue payable for similar lands in the locality;
1. Amended by the Second Amendment Act, 1974.
(b) the value of trees, if any, planted by the raiyat.
Explanation.—Where any improvement has been made on the land at
the expense of the raiyat at any time subsequent to the last settlement, the land
revenue for the purpose of this section shall be the land revenue payable for
similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of
trees referred to in sub-section (1) shall be determined in the prescribed
manner.
1[(3) “The compensation payable to a raiyat under this section shall be
determined by the competent authority in the manner prescribed”.]
Payment of
compensation
to raiyat
Under-raiyat to pay
compensation
128.(1) The compensation to which a raiyat is entitled under section 127 shall
be paid to him by the Government in the first instance, and it may be paid in
cash, in lump sum or in annual installments not exceeding twenty or in the
form of bonds which may be negotiable or non-negotiable but transferable.
(2) From the date of the declaration referred to in section 126, the raiyat shall
be entitled to interest at the rate of 2½ per cent, per annum on the
compensation or such portion thereof as remains un-paid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is
transferred to the under-raiyat under section 126 shall be a valid charge on the
amount of compensation payable to the raiyat.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the
person entitled to compensation under section 127 is a charitable or religious
institution, the compensation shall, instead of being assessed under that
section, be assessed as a perpetual annuity equal to the reasonable rent for the
land, less the land revenue payable on such land. The amount so assessed
shall be paid to such institution in the prescribed manner.
43
129.(1) Every under-raiyat to whom ownership of any land has been
transferred under section 126 shall be liable to pay to the Government in
respect of that land compensation as determined under section 127.
(2) The compensation shall be payable in cash, in lump sum or in such
number of annual installments not exceeding twenty as may be prescribed.
Interest at the rate of 2½ per cent per annum shall be payable on the
compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the
land.
(4) The compensation or any installment thereof shall be recoverable in the
same manner as an arrear of land revenue.
1. Amended by the Second Amendment Act, 1974.
130. When the compensation or the first installment of the compensation, as the
case may be, has been paid by the under-raiyat, the competent authority may suo-
motu and shall, on application made to it in this behalf, issue to the under-raiyat a
certificate in the prescribed form declaring him to be the owner of the land
specified therein.
131. (1) If a raiyat at any time intends to sell his land held by an under-raiyat, he
shall give notice in writing of his intention to such under-raiyat and offer to sell
the land to him. In case the latter intends to purchase the land, he shall intimate
in writing his readiness to do so within two months from the date of receipt of
such notice.
(2) If there is any dispute about the reasonable price payable for the land, either
the raiyat or the under-raiyat may apply in writing to the competent authority for
determining the reasonable price; and the competent authority, after giving notice
to the other party and to all other persons interested in the land and after making
such inquiry as it thinks fit, shall fix the reasonable price of the land which shall
be the average of the prices obtaining for similar lands in the locality during the
ten years immediately preceding the date on which the application is made.
(3) The under-raiyat shall deposit with the competent authority the amount of the
price determined under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the competent
authority shall issue a certificate in the prescribed form to the under-raiyat
declaring him to be the purchaser of the land; the competent authority shall also
direct that the reasonable price deposited shall be paid to the raiyat.
(5) If an under-raiyat does not exercise the right of purchase in response to the
notice given to him by the raiyat under sub-section (1) or fails to deposit the
amount of the price as required by sub-section (3), such under-raiyat shall forfeit
his right of purchase, and the raiyat shall be entitled to sell such land to any other
person.
(6) The forfeiture of the under-raiyat in such land.
Issue of certificate
to under-raiyats
First option to
purchase
44
132.(1) The State Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for—
(a) the form of notice to be issued under this Part and the manner of their
service;
(b) the manner of holding inquiries under this Part;
(c) the circumstances in which and the period for which land used for
agricultural purposes may be left uncultivated;
(d) the conditions subject to which lands may be leased by the Collector
under section 106;
(e) the form of applications to be made under this Part, the authorities to
whom they may be made and the procedure to be followed by such
authorities in disposing of the applications;
Power to
make rules
(f) the determination of the value of the produce of land, the profits of
agriculture, and the rental values of land, for the purposes of this Part;
(g) the time and manner of payment of rent by the under raiyat; (h)the
form of receipt for rent to be given by the raiyat;
(i) the factors to be taken into account in determining reasonable rent for land and in
commuting rent in kind into money rent;
(j) the nature and the extent of relief to the under-raiyat in cases of suspension or
remission of land revenue by the Government;
(k) the determination of compensation for improvements to under-raiyat who are
evicted from land;
(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the raiyat in respect of
the non-resumable lands of under-raiyats;
(n) the form of certificates to be granted to under-raiyat;
(o) the determination of the price to be paid by under-raiyat for land in respect of which
the first option to purchase is exercised;
(p) any other matters which is to be or may be prescribed.
PART IV
CHAPTER XL.--- ACQUISITION OF ESTATE AND OF RIGHTS OF
INTERMEDIATES THEREIN.
Definitions 133. In this Part,---
(a) “estate” means lands included under one entry in any of the general registers
of revenue-paying and revenue-free lands and includes—
(i) revenue-free lands not entered in any register, and
(ii) a part of or a share in an estate;
(b) “homestead” means a dwelling house together with any courtyard,
compound, garden, or out-house and includes any out-buildings used for
purposes connected with agriculture and any family graveyard, library, office,
guest-house, grain store, latrines, boundary walls, tanks, wells or places of
worship appertaining to such dwelling house;
45
te
th
as
(c) “intermediary” means a person who holds in an estate the right,
title or interest of a talukdar and includes---
(i) a person who holds land either revenue-free or at a
concessional rate, and
(ii) a tenure holder;
(d) “tenant” means a person who cultivates or holds the land of an
intermediary under an agreement, express or implied, on condition
of paying therefore rent in cash or in kind or delivering a share of
the produce and includes a person who cultivates or holds land of
and intermediary under the system generally known as “bhag”,
“adhi” or “barga”; and the term “sub-tenant” shall be construed
accordingly;
(e) “tenure holder” means a person who has acquired from an
intermediary the right to hold lands for the purpose of collecting
rents or bringing them under cultivation by establishing tenants
thereon.
134. (1) As soon as may be after the commencement of this Act, the State
Government may, by notification in the Official Gazette, declare that,
with effect from the date specified in the notification (herein-after
referred to the vesting date), all estates situated in any area or areas and
all rights, title and interest of every intermediary in such estates shall
vest in the Government free from all encumbrances.
Notification vesting states in
the State
(2) Every notification under sub-section (1) shall also be published in such
other manner as may be prescribed.
(3) The publication of notification in the manner provided in sub-section (1)
and (2) shall be conclusive evidence of the notice of declaration to the
intermediaries whose interests are affected by such notification.
135. Notwithstanding anything contained in any law for the time being in
force or in any agreement or contract, express or implied, with effect from the
vesting date,--
(a) each estate to which the notification relates and all rights, title and
interest of intermediaries in such estate shall vest in the Government free
from all encumbrances, including--
(i) rights in hats, bazaars, ferries, forests, wastelands, abadi
sites, fisheries, tolls and other interests;
(ii) rights in any building other than a dwelling house or in any part
of such building, used primarily as office or cutcherry for collection
of rent;
Consequences of a
notification under
section 134
46
(b) all grants and confirmation of title to the estate and rights therein
made in favour of an intermediary shall cease and determine;
(c) any building used for educational or charitable purposes and held by
the intermediately shall vest in the Government for those
educational or charitable purposes;
(d) subject to the other provisions of this Act, every tenant holding any
land under an intermediately shall hold the same directly under the
Government as a raiyat thereof or 1[as a non-agricultural tenant
thereof, as the case may be] and shall be liable to pay to the
Government land revenue equal to the rent payable by him to the
intermediary on the vesting date, subject to a maximum of the value
of one-eighth of the gross produce which value shall be determined
in the manner prescribed:
1. Amended by the Third Amendment Act, 1975.
Provided that the tenant shall become the owner of any building or
structure constructed on such land at the expense of the intermediary on
payment of such compensation to the intermediary as is equivalent to its
market value on the vesting date, which value shall be determined in
accordance with the rules made in this behalf;
(e) all arrears of land revenue, local rates, cesses and other dues
lawfully payable to the Government by the intermediary on the vesting date in
respect of the estate shall, without prejudice to any other mode of recovery, be
recoverable by deduction from the compensation payable to the intermediary;
(f) all rents and other dues in respect of the estate for any period after
the vesting date which, but for this Act, would be payable to an intermediary
shall be payable to the Government and any payment made in contravention
of this clause shall not be valid discharge of the person liable to pay the same;
(g) where under any agreement or contract made before the vesting
date, any rent, cess, local rate or other dues for any period after the said date
has been paid to or compounded or released by and intermediary, the same
shall, notwithstanding such agreement or contract, be recoverable by the
Government from the intermediary, and may, without prejudice to any other
mode of recovery, be realised by deduction from the compensation payable to
the intermediary.
Rights of
Intermediary to
certain lands
136. (1) Notwithstanding anything contained in sections 134 and 135,an
intermediary shall, subject to the provisions of sub-section (2) be entitled to
retain with effect from the vesting date,--
(a) homesteads, buildings and structures together with the appurtenant
thereto in the possession of the inter-mediary other than buildings
vested in the Government under section 135;
(b) lands under the personal cultivation of the intermediary;
(c) lands in which permanent rights have not already accrued to a tenant
under any custom, agreement or law and which have been leased by
an
47
intermediary who, both at the commencement of the lease and on the vesting
date, was a person under disability;
(d) lands held by the intermediary as mortgagor which are subject to
usufructuary mortage and are under the personal cultivation of the mortgage;
(e) lands comprised in orchards or used for the purpose of live-stock breeding,
poultry, farming or dairy farming, which are in the occupation of the
intermediary;
(f) so much of the lands comprised in a tea garden, mill, factory or workshop as
in the opinion of the State Government is required for such tea garden, mill,
factory or workshop.
(2) An intermediary who is entitled to retain possession of any land under
sub-section(1) shall hold such land directly under the Government from the
vesting date as a raiyat thereof 1[or as a non-agricultural tenant thereof, as the
case may be] and be liable to pay therefore land revenue at full rate applicable
to similar lands in the locality.
137. (1) The Collector shall take charge of estates and interests of intermediaries
which vest in the Government under section 135.
(2) For the purpose aforesaid, the Collector may, by written order served
in the prescribe manner, require any intermediary or other person in possession
of any such estate or interest to give up such possession by a date to be specified
in the order (which shall not be earlier than sixty days from the date of service of
the order) to deliver by that date any documents, registers, or records, connected
with the management of such estate or interest which are in his custody to
furnish a statement in the prescribed form in respect of such estate or interest.
(3) The Collector or any other officer authorized by him in this behalf
may take such steps or use such force as may be necessary to enforce compliance
with the order and may also enter any building or place for the purpose of taking
possession of the documents, registers or records referred to in sub-section(2),
Collector to take
charge of estates
etc, vested in the
Government
(4) An intermediary shall be entitled to make inspection of any documents,
registers or records which have been delivered to or taken possession of by the
collector, to make notes there from or to have certified copies thereof granted to
him. No fees shall be charged 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 section shall be deemed to authorise the Collector to
take possession of--
(a) any land or of any right of an intermediary therein, which may be
retained by the intermediary under section 136, or
(b) any religious institution or any building connected therewith.
138. If there is any dispute as to the 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 this behalf, make such inquiry as he deems fit and pass
such orders thereon as may appear to him just and proper.
Decision of
disputes
48
139. An appeal against an order of the collector passed under section 138, if
preferred within sixty days of such order, shall lie to the district Judge having
jurisdiction.
CHAPTER XII.—ASSESSMENT AND PAYMENT OF
COMPENSATION
140. Every intermediary, whose right, title and interest in any estate vest in the
Government under chapter XI shall be entitled to receive and be paid there for
compensation as hereinafter provided
.1. Amended by the Third Amendment Act, 1975.
Appeal
Intermediaries
entitled to receive
compensation
Date from which
compensation
shall be due
Every
intermediary to be
treated as a
separate unit
81 of 1860
Appointment of
compensation
officers
Compensation
assessment roll
141. The compensation referred to in section 140 shall be due as from the vesting
date and the portion remaining unpaid shall carry interest at the rate of 2½ per cent
per annum.
142. 1) For the purpose of assessing compensation under this Chapter,--
(a) every intermediary shall be treated as a separate unit,
(b) if two or more intermediaries hold an estate or any interest shall be
treated as a separate unit:
Provided that where any such estate or interest is held by a Hindu joint
family consisting of a common ancestor in the male line and his
descendants, the family shall, if the common ancestor was alive on
the vesting date, be treated as one unit;
(c) if an intermediary holds shares or interest in two or more estates the
aggregate of his shares or interest in all such estates shall be treated as
a single unit.
(2) Notwithstanding anything to the contrary contained in any other law, no
partition or transfer by way of sale 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 an order of court in execution of any decree or
order for payment of money, or
(b) any sale or gift made in favour of a wakf, a trust, an endowment or a
society registered under the Societies Registration Act, 1860 and
established wholly for charitable purpose, unless the Government in
any particular case directs otherwise.
143. The state Government shall, a soon as possible after the publication of a
notification under section 134, appoint one or more officers to be compensation
officers to prepare compensation assessment rolls and to perform such other duties
as may be prescribed.
49
144.(1) The compensation officer shall prepare a compensation assessment roll in
respect of every estate vested in the Government under Chapter XI.
(2) The compensation assessment roll shall contain particulars of the gross income
and the net income from the estate, the share of the net income of the intermediary
or each of the intermediaries, the amount of compensation payable to him or them
and such other particulars as may be prescribed.
(3) Where an intermediary has shares or interest in two or more estates all of which
have vested in the Government, the particulars of the shares or interest of such
intermediary in the nit income from all estates and the compensation payable to him
in respect of his shares or interest in all such estates shall be shown in the
compensation assessment roll relating to any one of such estates.
(4) Where an intermediary has shares or interest in two or more estates either or
any of which has not vested in the Government, the compensation payable to the
intermediary shall be determined after all such estates have vested in the
government, on the basis of the aggregate of his shares or interest in the net
income from all such estates.
(5) Nothing in sub-section (4) shall be construed as authorising the postponement
of payment of ad interim compensation to any such intermediary as is referred to in
that sub-section in respect of the estate or estates which have vested in the
Government.
(6) For the purpose of preparing the compensation assessment roll, the
compensation officer may require an intermediary to submit such statements and
furnish such particulars as may be prescribed.
145. (1) For the purpose of assessment of compensation payable in respect of an
estate,--
(a) the gross income form the estate shall be taken to consist of—
(i) in respect of lands other than those referred to in section 136, the rents,
cesses, local rates and other amounts payable or deemed to be payable
to the intermediary or intermediaries by the tenants and tenure- holders
for the previous year, including the commuted value of rants payable
in kind which value shall be determined in the prescribed manner;
(ii) the gross income from abadi sites, fisheries, hats, bazaars, ferries,
forest, tolls, waste lands and other interests in the estate for the
previous year;
(iii) the aggregate of the annual rents for the previous year from buildings
used as offices or cutcherries and any other building which vest in the
Government :
(iv) any other income during the previous year appertaining to the estate
vesting in the Government not expressly mentioned in the foregoing
sub-clauses;
(b) the net income from the estate shall be computed by deducting
from the gross income the following, namely:--
Determination of gross
in-come and net in-
come
50
(i) any sum which was payable by the intermediary or
intermediaries during the previous year as land revenue, cesses, local
rates or rent to the government in respect of the interests to which the
gross income relates;
(ii) any sum payable under the Bengal Agriculture Income-tax
Act, 1944, as extended to Tripura or the India Income-tax Act, 1922,
during the previous year as defined in those Acts, in respect of the
interests to which the gross income relates;
(iii) Charges on account of management and collection at the following rates, namely:-
Amount of gross income Rate
(a) Where the gross income exceeds
Rs. 30,000.
(b) Where the gross income
exceeds Rs. 10,000 but does not
exceed Rs. 30,000
(c) Where the gross income
exceeds Rs.5,000 but does not
exceed gross Rs. 10,000.
(d) Where the gross income
exceeds Rs.2,500 but does not
exceed Rs. 5,000.
(e) Where the gross income does
not exceeds Rs.2,500.
15 per centum of such gross
income.
12½ per centum of such
gross income.
10 per centum of such gross
income.
7½ per centum of such
gross income.
5 per centum of such gross
income.
Provided that the net income (after deducting the charges on account of
management and collection) from an estate which falls under item (a), (b), (c), or (d) shall in
no case be less than the maximum net income from an estate which falls under the item
immediately following.
Illustration.—The net income after deducting the charges on account of
management and collection at 12½ per cent, under item (b) from an estate the gross income
of which is Rs. 10,100 will be Rs. 8,837,50 while the net income after deducting the charges
on account of management at 10 per cent, under item (c) from an estate the gross income of
which is Rs. 10,000 will be Rs. 9,000; under the proviso, the net income from the first
mentioned estate shall be taken to be Rs. 9,000 ant not Rs. 8,837.50.
51
(2) The net income from the estate as determined under sub-section (1) shall be apportioned
among all the intermediaries having a share or interest in the estate in the proportion of their
shares or interest, and in if doing so, any dispute involving a question of title arises, the
compensation officer shall refer the parties to a civil court.
Explanation.—For the purpose of this section except clause (b) (ii) of sub-section
(1), “previous year” means the year immediately preceding the year in which the vesting date
falls.
Compensation
payable to
intermediary
146. (1) The compensation payable to an intermediary shall be a multiple of his net
income from the estate or where the intermediary has shares or interests in two or
more estates, of the aggregate of his net incomes from all such estate, in accordance
with the following table, namely;
Amount of net income Total compensation payable
(a) Where the net income does not exceed
Rs. 1,000.
Fifteen times such net income.
(b) Where the net income exceeds Rs.1,000
but does not exceed Rs. 2,500
Twelve times such net income or the
maximum amount under (a) above,
whichever is greater.
(c) Where the net income exceeds Rs.2,500
but does not exceed Rs. 5,000
Eleven times such net income or the
maximum amount under (b) above,
whichever is greater.
(d) Where the net income exceeds Rs.5,000
but does not exceed Rs. 7,500
Ten times such net income or the maximum
amount under (c) above, whichever is greater.
(e) Where the net income exceeds Rs.7,500
but does not exceed Rs. 10,000
Nine times such net income or the maximum
amount under (d) above, whichever is greater.
(f) Where the net income exceeds
Rs.10,000 but does not exceed Rs.
15,000
Eight times such net income or the maximum
amount under (e) above, whichever is greater.
(g) Where the net income exceeds
Rs.15,000 but does not exceed Rs.
30,000
Seven times such net income or the
maximum amount under (f) above, whichever
is greater.
(h) Where the net income exceeds
Rs.30,000 but does not exceed Rs.
50,000
Six times such net income or the maximum
amount under (g) above, whichever is greater.
(i) Where the net income exceeds
Rs.50,000 but does not exceed Rs.
1,00,000
Five times such net income or the maximum
amount under (h) above, whichever is greater.
(j) Where the net income exceeds
Rs.1,00,000 but does not exceed Rs.
3,00,000
Three times such net income or the maximum
amount under (i) above, whichever is greater.
(k) Where the net income exceeds
Rs.3,00,000
Two times such net income or the maximum
amount under (j) above, whichever is greater.
52
(2) Where the net income or any portion of the net income from an estate is
dedicated exclusively to charitable or religious purpose, the compensation payable
in respect of such net income or portion shall, instead of being assessed under sub-
section (1), be assessed as a perpetual annuity equal to such net income or portion,
as the case may be, payable in the prescribed manner for those purposes.
Explanation.—For the purpose of this sub-section, if the salary, remuneration
or any allowance payable to the Mutawalli of a wakf or the shebait of a Hindu
temple or a trustee of any other charitable or religious trust does not exceed 15 per
cent of the net income, then such net income shall be deemed to be dedicated
exclusively to charitable or religious purposes.
4 of 1882
147. (1) The State Government shall appoint a claims officer not below the rank of
sub-judge to dispose of the claims of creditors whose debts are secured by a
mortgage of or charge on any estate or part thereof vested in the Government under
section 134 and to discharge any other duties assigned to him by this Act or the
rules made there under.
(2) Every creditor referred to in sub-section (1) shall prefer his claim in
writing before the claims officer in the manner and within the time prescribed.
(3) The claims officer shall inquire into the claims in accordance with such
rules as may be prescribed and determine the amount to which each of the creditors
in entitled.
(4) Where there are two or more creditors, the claims officer shall determine,
in accordance with the provisions of the Transfer of Property Act, 1882, the order in
which each such creditor is entitled to receive the amount due to him.
148 (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 District Judge having
jurisdiction.
(2) The decision of the District Judge on appeal, or of the claims officer where
no appeal is preferred, shall be final.
Disposal
of
creditors
Appeal against
the decision of
claims officer
53
Appeals against
order of
compensation
officer
149. (1) After the amount of compensation has been determined in accordance
with the provisions of section 146 and entered in the compensation assessment
roll, the compensation officer shall cause a draft of such roll to be published in
the prescribed manner and for the prescribed period. The compensation officer
shall send copies of the relevant portions of the draft roll to the intermediaries
concerned and shall receive and consider any objections which may be made
within three months of the receipt of such copy to any entry therein or to any
omission there from. The compensation officer shall dispose of such objections
in the prescribed manner.
(2) Separate draft compensation assessment rolls may be prepared and
published under sub-section(1) for different villages or groups of villages.
150. Every order of the compensation officer deciding on objection under sub-
section (1) of section 149 shall contain a concise statement of the case the points
for determination, the decision thereon and the reasons for such decision.
151.(1) From every order passed by a compensation officer under section 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 the High Court from every order passed on appeal
by a Special Judge under sub-section (1), within sixty days of the passing of such
order, on any of the grounds specified in section 100 of the Code of Civil
Procedure, 1908.
Preliminary
publication
of
compensatio
n assessment
roll and
disposal of
objections.
Contents
of the
order of
compenta
tion officer
Final publication
of the
compensation
assessment roll
Correction of
bonafide
mistakes
(3) The decision of the High Court, or of the Special Judge where no second
appeal is preferred, or of the compensation officer where no appeal to the Special
Judge is preferred, shall be final.
152. (1) Where no objection or appeal has been filed or all the objections and appeals
filed have been finally disposed of the compensation officer shall cause the draft
compensation assessment roll to be finally published, or make such alterations in the
draft compensation assessment roll as may be necessary to give effect to any order
passed on objection made under sub-section (1) of section 149 or on appeal under
section 151and cause the roll as so altered to be finally published, in the prescribed
manner together with a certificate stating the fact of such final publication and the
date thereof.
(2) The publication of the compensation assessment roll under sub-section(1)
shall be conclusive evidence that the said roll has been duly made under this Chapter
and every entry in such roll shall, save as otherwise provided in this Act, be
conclusive evidence of the matters referred to in such entry.
153. (1) No correction of the compensation assessment roll after it has been finally
published under section 152 shall be made except as provided in this section.
(2) Correction of ‘bonafide mistakes or corrections necessitated by succession
to or inheritance of any interest in the estate can be made by the compensation officer
at any time before the payment of compensation, either of his own motion or on the
5 of
1908
54
application of the person interested, but no such correction shall be made while any
legal proceeding affecting such entry is pending.
Ad interim
payment of
compensation
(3) Every time a correction is made under sub-section (2), the compensation
officer shall cause a draft of the correction to be published in the same manner as the
draft compensation assessment roll, and after considering and disposing of any
objections that may be made, shall cause the correction to be finally published.
154. After the vesting date and before the final publication of the compensation
assessment roll, ad interim payment to the outgoing intermediary may be made as
follows:-
(a) the compensation officer shall calculate the probable amount of compensation
payable to him;
(b) two and a half per cent of such probable amount shall be paid ad interim to
each intermediary in cash every year until such time as the compensation
assessment roll is finally published;
(c) if there is any dispute as to the title of any person to receive the amount
or as to the apportionment of it, the amount shall be kept in deposit in the
manner prescribed until the dispute is finally determined; and on such
determination, the compensation officer shall pay the amount or the portion
thereof to the person or persons entitled to receive the same.
155. (1) After the compensation assessment roll has been finally published, the
compensation officer shall deduct from the amount shown in such roll as payable to an
intermediary or any other person having interest in the estate, the following amounts
namely.—
Mode of payment
of compensation
(a) ad interim payments made under section 154;
(b) the amount, if any, the deduction of which has been ordered under
section 135:
(c) the amounts payable to creditors as determined by the claims officer.
(2) The balance remaining after the deductions referred to in sub-section (1) are made
shall be given in cash, in one lump sum or in annual installments not exceeding twenty,
or in bonds, or partly in cash and partly in bonds, in accordance with such rules as may
be prescribed.
(3) The bonds referred to in sub-section (2) may be either negotiable or non-
negotiable, and transferable in such circumstances and in such manner as may be
prescribed and shall carry interest at the rate of two and a half per cent, per annum on
the amount outstanding thereon, with effect from the date of issue.
(4) If any dispute arises as to the 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
compensation or the bonds referred to above in deposit in the manner prescribed until
the dispute is finally determined; and on such determination, the compensation officer
shall pay the amount or the portions thereof to the person or persons entitled to receive
the same.
55
156. (1) If any person claiming as maintenance holder to be entitled to any portion of
the compensation awarded to any intermediary under this Chapter applies to the
compensation officer for payment of the same to him, the compensation officer may,
with the consent of the intermediary, direct the payment to the applicant out of the
compensation of such amount as the intermediary may have agreed to be paid to the
applicant, and any such payment shall be a valid discharge of the liability of the
Government in respect of the amount so paid.
(2) If the intermediary does not give his consent, the compensation officer shall direct
the applicant to file, within three months, a suit or other proceeding in the curt having
jurisdiction to establish his claim and order that the amount claimed shall not in the
meantime be paid to the intermediary.
(3) The Government shall not be made a party to any suit or proceeding instituted or
commenced in pursuance of any direction given under sub-section (2).
(4) If the suit or proceeding referred to in sub-section (2) is instituted or commenced
within the period aforesaid, the compensation officer shall place the amount claimed
at the disposal of the court before which such suit or preceding is instituted.
Compensation
due to person
incompetent
to alienate
Inquiries to be
judicial
proceedings
(5) If the suit or proceeding is not instituted or commenced within the period
of three months aforesaid, the compensation officer shall order the amount to
be paid to the intermediary.
Explanation.—For the purpose of this section, a maintenance holder
means a person entitled to receive maintenance under a registered deed,
decree or order of court.
157. If any intermediary entitled to receive compensation in respect of any
interest is a person incompetent to alienate such interest, the compensation
officer shall keep the amount of compensation payable in respect of such
interest, whether in cash or in bonds, in deposit with the Collector who shall
arrange to invest the cash or the income from the bonds in the purchase of
such Government or other approved securities as the Collector thinks fit and
shall direct the payment of the income from such investment to the
intermediary who would for the time being have been entitle to hold and
enjoy such interest if it had not vested in the Government; and such cash,
bands and securities shall remain so deposited until they are made over to any
person or persons becoming absolutely entitled thereto:
Provided that nothing herein contained shall affect the liability of any person
who may receive the whole or any part of any compensation under this
section to pay the same to the person lawfully entitled thereto.
158. The Collector, the compensation officer and the claims officer, for the
purposes of any inquiries or proceedings under this Part, shall have the same
powers as are vested in a court under the Code of Civil Procedure, 1908 in
respect of—
(a) enforcing the attendance of any person and examining him on oath or
affirmation;
(b) compelling the production of documents; and
(c) issuing commission for the examination of witnesses; and such
inquiries or proceedings shall be deemed to be judicial proceedings
within the meaning of sections 193 and228 of the Indian Penal Code.
5 of 1908
45 of1860
Compensation due
to maintenance
holder
56
Penalties
Application of Part
III to persons be
coming raiyats or
under raiyat under
Part IV
159. Whoever—
(a) willfully fails or neglects to comply with any requirements made of
him under this Part, or
(b) contravenes any lawful order passed under this Part, or
(c) obstructs or resists the taking by the Collector or any other officer
authorized by him in writing of charge of any property, which is
vested in the Government under this Part, or
(d) furnishes information which he knows or believes to be false or does
not believe to be true,
shall, on conviction before a Magistrate, be punishable with fine which
may extend to five hundred rupees.
160. Where, as a result of the operation of this Part, any person acquires
the right to hold land either as a raiyat or an under-raiyat, the provisions
of Part III shall as far as may be, apply to the determination of such right
and in such application, any reference in the said Part to the
commencement of this Act shall be construed as a reference to the vesting
date.
161. (1) The State Government may, by notification in the Official Gazette, make rules for
the purpose of carrying out the purposes of this Part.
(2) In particular, and without prejudce to the generality of the foregoing power, such rules
may provide for--
(a) the manner of publication of a notification under section134;
(b) the procedure to be followed and the forms to be adopted in inquiries and
proceedings under this Part;
(c) the mode of service of any order, notice or other documents under this Part;
(d) the form of the statements to be furnished by intermediaries;
(e) the inspection of and making notes from documents, registers and records under
section 137, the grant of certified copies thereof and the fee to be charged for such
grant;
(f) the form and the manner in which compensation assessment rolls shall be prepared
and the particulars to be mentioned therein;
(g) the manner of apportionment of net income among intermediaries;
(h) the procedure to be followed in the case of intermediaries having shares or interest
in different estates;
(i) the manner in which the preliminary and the final publication of the compensation
assessment roll shall be made;
(j) the manner of determining the amount of annuities payable to religious and
charitable institutions and the procedure for making payments;
(k) the manner in which the income of the previous year shall be determined;
(l) the determination of the amount of ad interim compensation;
(m) the manner in which and the period within which creditors may prefer their claims
before the claims officer and the procedure to be followed in the disposal of such
claims;
(n) the manner in which objections shall be submitted to the compensation officer and
the procedure to be followed in the disposal of such objections;
(o) the manner of determining the commuted value of rents under section 145;
Power to
make rules
57
(p) the manner of preferring appeals under Chapters XI and XII;
(q) the manner of keeping in deposit the amount of compensation under section 155
and 157;
(r) the form and contents of bonds;
(s) the manner in which, and the circumstances under which bonds shall be
transferable;
(t) any other matter which is to be, or may be, prescribed.
PART V
Chapter XIII.—Ceiling on Land Holdings
1[Exemption. 162.—The provisions of this Chapter shall not apply to any land
owned or held by the Central or the State Government or a local
authority or Bhudan Yajna Committee or a Co-operative Bank or
a Bank.
Explanation.--- In this section, the expression ‘bank’ shall have the same
meaning as in Section 109]
2[Definitions. 163.-- For the purpose of this Chapter,--
(a) “ceiling limit” in relation to land means the limit fixed under
Section 164A;
3[ (b) “family” in relation to a person shall be deemed to consist of—
(i) the person, the wife or husband as the case may be, minor
sons, unmarried minor daughters, if any;
(ii) his unmarried adult son, if any, who does not hold any
land;
(iii) his married adult son, if any, where neither such adult son
nor the wife nor any minor son or unmarried minor
daughter of such adult son holds any land;
(iv) widow of his pre-deceased son, if any, where neither such
widow nor any minor son or unmarried minor daughter of
such widow holds any land;
(v) minor son or unmarried minor daughter, if any, of his pre-
deceased son where the widow of such pre-deceased son is
dead and any minor son or unmarried minor daughter of
such pre-diseased son does not hold any land, but shall not
include any other person.
Explanation :-- For the purpose of this Chapter an adult unmarried
person shall include a man or woman who has been divorced and who
has not remarried thereafter:
58
Provided that where such divorced man or woman is the guardian of any
minor son or unmarried minor daughter or both, he or she, together with
such minor son or unmarried minor daughter, or both, shall be deemed to
be separate family;] and
(c) “land” does not include land used for non-agricultural purposes.]
1. Amended by the Fourth Amendment Act, 1976.
2. Amended by the Second Amendment Act, 1974.
3. Amended by the Fourth Amendment Act, 1976.
164. On and form the 24th January, 1971 no person shall, whether as a raiyat or as an under
raiyat or as a mortgage in possession or otherwise or partly in one capacity and partly
another, hold in the aggregate any land in excess of the ceiling limit applicable to him
under Section 164A.
1[164A. (1) The ceiling limit shall be---
(a) in the case of an adult unmarried person, two standard hectares;
(b) in the case of a person who is the sole surviving member of a family, two
standard hectares;
(c) in the case of a person having a family consisting of two or more but not more
than five members, four standard hectares;
(d) in the case of a person having a family consisting of more than five members,
four standard hectares plus 0.60 standard hectare for each member in excess of
five so, however, that the total ceiling limit for such a person shall not in any
case exceed 7.20 standard hectares.
(2) Notwithstanding anything contained in sub-section (1), where in the family of a
person there are more members than one, owing land, the ceiling limit for that person
together with the ceiling limit of all the members of the family, shall not in any case
exceed---
(a) where the number of members of such family does not exceed five, four
standard hectares;
(b) where such member exceeds five, four standard hectares plus 0.60 standard
hectares for each member in excess of five so, however, that the aggregate of
the ceiling limit shall not in any case exceed 7.20 standard hectares.
(3) For the purpose of sub-section (2), all the lands owned individually by the members
of the family or jointly by some or all of the members of the family shall be deemed to
be owned by the members in the family.
(4) In determining the extent of land owned by a person having a family or the sole
surviving member of a family or an adult unmarried person, the share of such person or
sole surviving member or such adult unmarried person, as the case may be, in the lands
owned by a cooperative society, company, co-operative farming society, a Hindu
undivided family or a firm shall be taken into account.
Explanation.—For the purposes of this sub-section, the share of a person having
a family or the sole surviving member of a family or an adult unmarried person in the
lands owned by a co-operative society, company, co-operative farming society, a
Hindu undivided family or a farm shall be deemed to be the extent of land which could
be allotted to him, had such lands divided or partitioned, as the case may be.
1. Amended by the Third Amendment Act, 1975.
Ceilings on
holdings
Ceiling limit
59
(5) The lands owned by a trust or endowment, other than a public nature, shall be
deemed to be lands owned by the beneficiaries under the trust or endowment and
each such beneficiary shall be deemed to be a person holding land under this Act
to the extent of the share of his beneficial interest in the said trust or endowment.
(6) The ceiling limit for a co-operative society, company, co-operative farming
society, a Hindu undivided family or a firm, as the case may be, shall not exceed
the sum total of the ceiling limits of each member of such co-operative society,
company, co-operative farming society, a Hindu undivided family or each partner
of such firm.
Submission of
returns
Penalty for non
sub-mission of
returns
Explanation.—For the purpose of determining the ceiling limit of each
member referred to in this sub-section, any land held separately by a person who
is a member of a cooperative society, company, co-operative farming society or a
Hindu undivided family or a partner of a firm shall be deducted from the ceiling
limit referred to in sub-sections (1) to (5) so that the sum total of the area of land
held by such person whether as such member or partner or individually or as a
member of a family may not in any case exceed the ceiling limit applicable to him
under these sub-sections.
1[165. Every person who on the 24th January, 1971 holds land in excess of the
ceiling limit shall submit to the competent authority in the prescribed form and
within such period as the State Government may, by notification in the Official
Gazette appoint, a return giving the particulars of all lands held by him and
indicating therein the parcels of land not exceeding the ceiling limit which he
desires to retain.
166. (1) Where a person required by section 165 to furnish a return—
(a) fails without reasonable cause to do so within the time specified in that
section; or
(b) furnishes a return he knows or has reason to believe to be false; he
shall be liable to pay a penalty which may extend, of the former case,
to one hundred rupees, and in the latter case, to five hundred rupees.
(2) Where the competent authority has reason to believe that a person
required by Section 165 to furnish a return has, without reasonable
cause, failed so to do or has submitted a return which he knows or has
reason to believe to be false, the competent authority shall issue a
notice calling upon such person to show cause within fifteen days of the
service thereof why the penalty provided by sub-section (1) should not
be imposed upon him. After the competent authority on considering the
reply or other cause shown is satisfied that the person has without
reasonable cause failed to submit the return within time or has
submitted a return which he knows had reason to believe to be false, he
may impose the penalty provided in the last preceding sub-section and
require him to submit a true and correct return, complete in all
particulars within a period of one month from the date of the order]
1. Amended by the Second Amendment Act, 1974.
60
(3) If the person fails to comply with the order to submit return within the time so granted by
the competent authority, then the competent authority may collect the necessary
information through such agency as may be prescribed and the Collector shall take
possession of the land in excess of his ceiling limit without offering him any further
opportunity to exercise option in regard to the land to be retained by him.]
167. (1) On receipt of any return under section 165 1[or 166] the competent authority shall
after giving the persons affected an opportunity of being heard, hold an inquiry in such
manner as may be prescribed, and having regard to the provisions of 2[sections 168 to
168B] and section 169 or of any rules that may be made in this behalf, it shall determine—
(a) the total area of land held by each person;
(b) the specific parcels of land which he may retain;
(c) the land held 3[or deemed to be held] by him in excess of the ceiling limit;
(d) whether such excess land is held by him as a raiyat or as an under-raiyat or as a
mortgage with possession;
(e) the excess land in respect of which the under-raiyat or the mortgage with possession
may acquire the rights of the raiyat or the mortgagor, as the case may be;
(f) the excess land which may be restored to a raiyat or a mortgagor.
(g) the excess land which shall vest in the Government; and
(h) such other matters as may be prescribed.
4[2 Omotted.]
(3) The competent authority shall prepare a list in the prescribed form containing the
particulars determined by him under sub-section (1) and shall cause every such list to be
published in the Official Gazette and also in such other manner as may be prescribed.
Procedure for
determination
of excess land
Restriction on
transfer or
partition of land
until excess land
is determined
5[168. No person who on or after the 24 th January, 1971 holds land in
excess of the ceiling limit shall, after the date of enforcement of the
Tripura Land Revenue and Land Reforms (Second Amendment)
Ordinance, 1974, transfer or partition any land until the land in excess of
the ceiling limit is determined under this Act.
Explanation.— In this section, “transfer” means transfer by act of
parties (whether by sale, gift, mortgage with possession, exchange, lease
or any other disposition) made inter-vivos; and “partition” means any
division of land by act of parties made inter-vivos.
__________________________________________________________________
1. Amended by the Second Amendment Act, 1974.
2. Amended ibid.
3. Amended ibid.
4. Amended ibid.
5. Amended ibid.
61
Acquisition of any
land after the
enforcement of the
Tripura Land
Revenue and land
Reforms (Second
Amendment
Ordinance 1974
Consideration of any
land so transferred
or partitioned
168A. No person shall at any time after the enforcement of the Tripura
Land Reforms (Second Amendment) Ordinance, 1974 acquire by transfer
or partition any land if he already has land in excess of the ceiling limit or
land which, together with any other land already held by him, will exceed
in the total, the ceiling limit.
Explanation.—In this section, “transfer” and “partition” have the same
meanings as in section 168.
168B. (1) (a) If any land is transferred or partitioned by a person, holding
land in excess of the ceiling limit, after the 24 th January, 1971 or in
contravention of the provisions of Section 168, except as otherwise
provided in this sub-section, then in calculating the ceiling limit of land
which that person is entitled to hold, the area so transferred or partitioned
shall be taken into consideration, and land exceeding the ceiling limit so
calculated be deemed to be in excess of ceiling limit notwithstanding that
the land remaining with him may not in fact be in excess of the ceiling
limit:
Provided that the provisions of this sub-section shall not apply to the
bonafide transfer or partition of any land effected between the 24 th January,
1971 and the date of enforcement of the Tripura Land Revenue and Land
Reforms (Second Amendment) Ordinance, 1974 and that the onus of
providing the bonafide nature of such transfer or partition shall be on the
person who makes the transfer or, as the case may be, effects the partition,
to be determined in the manner prescribed.
(b) If by reason of such transfer or partition the remaining land of the
person is less than the area so calculated to be in excess of the ceiling limit,
then his all such remaining land shall be estimated to be excess land; and out
of the land so transferred or partitioned and in possession of his transferee
unless such land is liable to forfeiture under the provisions of sub-section (3)
land to the extent of such deficiency shall also be deemed to be excess land
notwithstanding that the holding of the transferee may not in fact be in
excess of the ceiling limit.
(c) Where the excess land is to be selected out of the lands of more than
one transferee, such land should be selected out of the land held by such of
the transferees in the same proportion the area of the land transferred to him
bears to the total area of the lands transferred to all the transferees.
62
Explanation.—For the purpose of sub-section (1) “transfer” and “partition” have the
same meaning as in section 168.
(2) Notwithstanding anything hereinbefore contained, the excess land to be selected in
no case includes the homestead land of a person.
Explanation.—For the purposes of this sub-section, “homestead land” means
the land on which the homestead (whether used by the owner or let out on rent) stands,
together with any courtyard, tank, compound and attached garden, not exceeding 0.40
hectare in the aggregate.
(3) Where any land is acquired in willful contravention of the provision of section
168A or is obtained by collusive proceedings in any court, then as a penalty therefore
the right, title and interest of that person in the land shall, subject to the provisions of
this Chapter, be forfeited and shall be deemed to be transferred to, and shall vest
without further assurance in the State Government.
168C. No suit shall be instituted in any civil court for specific performance of the
contract for transfer or partition of any land mentioned in clause (a) of sub-section (1)
of Section 168B except to the extent permitted by the proviso to that clause.]
169. (1) where any excess land of a raiyat is in his actual possession, the excess land
shall vest in the Government.
(2) Where any excess land of a raiyat is in the possession of a person holding the same
as an under-raiyat or as a mortgage and the excess land together with any other land
held by such person exceeds his ceiling limit, the land in excess of the ceiling limit
shall vest in the Government.
(3) Where any excess land of a raiyat is in the possession of a person holding the same
as in under-raiyat or as a mortgage and such person his ceiling limit, that person shall
acquire the rights of the raiyat or of the mortgagor, as the case may be, in respect of
such excess land or part thereof on payment of compensation, if any, as hereinafter
provided, but if that person refuses to pay such compensation, the excess land or part
thereof shall vest in the Government.
Ban to
institution of
suit for specific
performane
Excess land to
vest in
Government
63
(4) Where there is any excess land of an under-raiyat or of a mortgage with possession,
the excess land shall vest in the Government:
Provided that in any case where the excess land or any part thereof held by the raiyat
or the mortgagor together with any other land held by such person does not exceed
the ceiling limit, the excess land or such part thereof as does not exceed the ceiling
limit shall be restored to the possession of that person on an application made by him
in this behalf to the competent authority within such time as may be prescribed and in
the case where the possession of such land is restored to the mortgagor, the mortgage
in respect of such land shall be deemed to be a simple mortgage:
1[Provided further that the land held by an individual or a member of a family, as
the whole or part of the share of the land in a co-operative society, in excess of the
ceiling limits applicable to a member of such a society within the meaning of sub-
section (6) of section 164A shall, subject to the provisions of the said sub-section, be
deemed to have surrendered by him to such co-operative society and the land so
surrendered, shall continue to remain in the possession of the co-operative society
concerned who shall be entitled to re-allot such land, subject to the approval of the
State Government and on payment of such compensation as may be fixed by the
State Government, among its existing or future members, and the individual or, as
the case may be, the member of the family whose land has been so surrendered shall
get compensation as if the land so surrendered had vested in the Government.]
1. Amended by the Second Amendment Act, 1974.
Publication of
the final list
and
consequences
there of
170. (1) Any person aggrieved by an entry in the list published under sub-section (3) of
section 167 may, within thirty days from the date of publication thereof in the Official
Gazette, file objections thereto before the Collector.
(2) The Collector or any other officer authorized in this behalf by the State Government
may, after considering the objections and after giving the objector or his representatives
an opportunity of being heard in the matter, approve or modify the list.
(3) The list as approved or modified under sub-section (2) shall then be published in the
Official Gazette and also in such other manner as may be prescribed and subject to the
provisions of this Act, the list shall be final.
(4) With effect from the date of the publication of the list in the Official Gazette under
sub-section (3),--
(a) the excess land shall stand transferred to and vest in the Government free
of all encumbrances; or
(b) the possession of the excess land shall stand restored to the raiyat or the
mortgagor, as the case may be; or
(c) the rights of the raiyat or the mortgagor in respect of the excess land shall
stand transferred to the under-raiyat or the mortgagee, as the case may be.
64
171. 1
[(1) Where any excess land of a raiyat vests in Government, there shall be paid by
the Government to the raiyat compensation, subject to the provisions of sub-section (2),
of an amount which shall be the multiples of land revenue payable for such land in
accordance with the following Table:-
TABLE
Amount of land revenue Amount of compensation
For land revenue upto 125 rupees. 100 times the land revenue.
For the next 125 rupees or part of the land
revenue
90 times the land revenue.
For the next 250 rupees or part of the land
revenue
85 times the land revenue.
For the next 500 rupees or part of the land
revenue
60 times the land revenue.
For the next 2,500 rupees or part of the land
revenue
50 times the land revenue.
For the balance. 30 times the land revenue.
1. Amend by the Second Amendment Act, 1974.
Explanation.—For the purpose of sub-section (1), the net annual income from any
land shall be deemed to be one-fifth of the value of the average yearly gross produce of the
land, calculated in such manner as may be prescribed.
(2) Where such excess land or any part thereof is in the possession of an under-raiyat, the
compensation payable under sub-section (1) in respect of the land shall be apportioned
between the raiyat and the under-raiyat in such proportion as may be determine by the
competent authority in the prescribed manner, having regard to their respective shares in the
net income from such land.
(3) In addition to the compensation payable in respect of any excess land under sub-section
(1), there shall also be paid compensation in respect of any structure or building constructed
on such land and any trees planted thereon and such compensation shall be determined by the
competent authority in the prescribed manner, having regard to the market value of such
structure or building or the value of such trees, and such compensation shall be paid to the
person who has constructed the structure or building or planted the trees.
(4) Where any excess land in respect of which compensation is payable is subject to any
mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in
respect of such excess land, the consideration money paid by the transferee in respect of such
excess land, shall be a charge on the compensation payable in respect of the excess land to
the person who has created the mortgage or encumbrance or, as the case may be, to the
transferor.
(5) Where an under-raiyat acquires the rights of a raiyat in respect of any excess land, the
compensation payable by him in respect of that land shall be equal to the amount which the
raiyat 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 the first instance, be paid to the
raiyat by the Government and shall be recovered from the under-raiyat in such manner as
may be prescribed.
(6) Where a mortgage in possession acquires the rights of the mortgagor in respect of any
excess land under sub-section (3) of section 169, the compensation payable by the mortgage
in respect of that land shall be such sum of money, if any, as may be due to the mortgagor
after setting off the mortgage debt against the market value of such excess land.
Compensation
65
(7) Where any excess land of a religious or charitable institution vests in the government,
such institution shall, in lieu of compensation payable under sub-section (1) or sub-secti0on
(2), or sub-section (3), be paid an annuity equal to the net annual income of the excess land
and such net annual income shall be determined by the competent authority in the prescribed
manner.
(8) The competent authority shall, after holding an inquiry in the prescribed manner, make an
order determining the amount of compensation payable to any person under this section.
172. (1) The compensation payable under section 171 shall be due from the date of the
publication of the list under sub-section (3) of section 170 and may be paid in cash, in a lump
sum or in installments, or in bonds.
(2) Where the compensation is payable in bonds, the bonds may be made not transferable or
transferable by endors3ment or in any other manner but all such bonds shall be redeemed
within such period, not exceeding twenty years from the date of issue, as may be prescribed.
Manner of
payment of
compensa
tion
Limit of
future
acquisition of
land
Excess land
not to be
surrendered in
certain cases
Power of
Collector to
take
Possession to
excess land
Offences and
penalties
Finality of
orders
(3) Where there is any delay in the payment of compensation or where the
compensation is paid either in installments or in bonds, it shall carry interest at the rate
of two and a half per cent per annum from the date on which it falls due.
1[173. No person shall acquire in any manner whatsoever, whether by transfer or by
succession or by testamentary disposition or by operation of law, any land where such
acquisition has the effect of making the total area of the land held by him exceed the
ceiling limit; and any such land in excess of the ceiling limit shall be treated as excess
land of the transferee and the provisions of Sections 167 to 172 shall, as far as may be,
apply to such excess land.
Explanation.—In this section, the word “transfer” has the same meaning as in section
168.]
174. Where a person representing a family holds land not exceeding the ceiling limit, but
subsequently the land held exceeds the ceiling limit, then, notwithstanding anything
contained in this Chapter, such person shall not be required to surrender any part of the
land on the ground that it is excess land, if such excess is due to any improvements
effected in the land by the efforts of the family or to a decrease in the number of its
members.
175. 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 land where necessary, the
Collector may take possession of any excess land and may use or cause to be used such
force as may be necessary for the purpose.
176. (1) 2[ Omitted]
(2) Whoever contra vanes any lawful order made under this Chapter or otherwise
obstructs any person from lawfully taking possession of any land shall be punishable
with fine which may extend to one thousand rupees.
177. Subject to the provisions of this Act, every order made under this Chapter shall be
final.
66
Power to
exempt,
etc
178 (1) The State Government may, on an application made to him in
this behalf within three months from the commencement of this Act,
exempt from the operation of section 164—
(a) any land which is being used for growing tea, coffee including
lands used or required for use or purpose ancillary to, or for the
extension of, the cultivation of tea, coffee to be determined in the
prescribed manner;
Provided that no Tea Garden Land shall be used for the purpose of
Rubber Plantation.
(b) 3
[Omitted];
(c) 4
[Omitted];
(d) 5
[Omitted];
1. Amended by the Second Amendment Act, 1974.
2. Amended ibid.
3. Amended ibid.
4. Amended ibid.
5. Amended ibid.
6. Amended by the Tenth Amendment Act, 2013
(e) any land which is being held by a co-operative society, provided
that where a member of any such society holds a share in such
land, his share shall be taken into account in determining his
ceiling limit:
Provided that the State Government may entertain the application
after the expiry of the said period of three months, if he is satisfied that
the applicant was prevented by sufficient cause from making the
application in time.
"Provided further that, any person intending to establish a tea garden
shall have to apply to the State Government in the same method as
provided under sub - section (1 ) (a) of section 178 of the Act and the
rules made there under and acquire and hold land in excess of the ceiling
area applicable in section 164A.
“Provided further that, any land, being used for growing Tea or
purpose ancillary to or extension of the cultivation of tea, in respect of
which exemption has been granted, may be allowed to exploit tourism
potential within the land for growing tea plantations from any future date,
but the land meant for such tea tourism shall not exceed five percent of the
total land area, subject to an upper limit of twenty acres. Civil
constructions, only for the purpose of such tea tourism may be done in
such area, which shall not exceed 3.5 acres within the above limit and the
remaining area should be kept open for landscaping and other
beautification work”.
(2) Where any land in respect of which exemption has been granted to a
person under sub-section (1) is transferred to another person, the State
Government may, on an application made to him within three months
from the date of the transfer, exempt the transferee from the operation
of section 164 and section 173 and the provisions of the said clause
shall, as far as may be, apply to the grant of such exemption.
Amended by the
Tenth Amendment
Act, 2013
Amended by
the Eleventh
Amendment
Act, 2020
67
13[“Provided that if the application under sub section (2) is not
submitted by the transferee within the prescribed period, the State
Government may exempt the transferee from the operation of Section
164 and Section 173 subject to the following condition:-”
(a) Imposition of penalty of such amount, as may be fixed by the
State Government by Notification.
(b) All the labour laws for the time being in force are being
followed by the transferee”.]
(3) Where the State Government is of opinion that the use of land for any
specified purpose is expedient or necessary in the public interest, he may,
by notification in the Official Gazette, make a declaration to that effect
and on the issue of such notification, any person may, notwithstanding
anything contained in section 173, acquire land in excess of the ceiling
limit for being used for such specified purpose and such person shall,
within one month from the date of such acquisition, send in timation
thereof to the competent authority.
(4) Where any land, in respect of which exemption has been granted
under sub- section (1) or sub-section (2) or sub-section (3), ceases to be
used, or is not within the prescribed time used, for the purpose for which
exemption had been granted, the State Government may, after giving the
persons affected an opportunity of being hears, withdraw and all the
provisions of this chapter relating to ceiling on land holding will be
applicable.
11["(5) No land, in respect of which exemption has been granted under sub-
section or (2) or (3) of this section, shall be transferred without prior written
approval of the State Government.
" Explanation : For the purpose of this section, "transfer shall have the same
meaning as in Section 168".]
68
Chapter XIV.—Prevention of Fragmentation.
179. For the purpose of this Chapter,--
(a) “holding” means the aggregate area of land held by a person as a raiyat;
(b) “fragment” means a holding of less than 1 [0.80 standard hectare] in area;
(c) “land has the same meaning as in Chapter XIII.
180. For the purpose of this Chapter,--
(a) “holding” means the aggregate area of land held by a person as
raiyat;
(b) “fragment” means a holding of less than 1[0.80 standard hectare] in
area;
(c) “land has the same meaning as in Chapter XIII.
i) No portion of a holding shall be transferred by way of sale, exchange bequest
or mortgage with possession, so as to create a fragment:
Provided that the provisions of this sub-section shall not apply to a gift made
in favour of the Bhoodan movement initiated by Acharya Vinoba Bhave.
• No portion of a holding shall be transferred by way of lease, where as a result of
such lease,--
(i) the lessor shall be left with less than 2[0.80 standard hectare] or
(ii) the total area held by the lessee exceeds the limit of a family holding.
1.Amended by the Second Amendment Act, 1974.
2.Amended ibid.
3.Amended by the Tenth Amendment Act, 2013
4.Amended by the Eleventh Amendment Act, 2020
(3) No fragment shall be transferred to a person who does not have some land under
personal cultivation or to a person who holds, or by reason of such transfer shall hold,
land in excess of the limit of a family holding.
Partition of
bolding
181. (1) No holding shall be partitioned in such manner as to create a fragment.
(2) A fragment shall not be partitioned, unless as a result of such partition its portions
get merged in holdings of 1[0.80 standard hectare] or more or in fragments so as to
create holdings of 2[0.80 standard hectare] or more.
(3) Whenever, in a suit for partition, the court finds that the partition of a holding will
result in the creation of a fragment, the court shall, instead of proceeding to divide the
holding, direct the sale of the same and distribute the proceeds thereof among the co-
shares.
(4) Wherever a holding is put up for sale under sub-section (3), a co sharer shall have
the first option to purchase the holding at the highest bid; if there are two or more co-
shares claiming the first option, that co-sharer who offers the highest consideration
shall be preferred.
182 (1) Any transfer, partition or lease of land made in contravention of the
provisions of this Chapter shall be void.
(2) No document of transfer, partition or lease of land shall be registered
unless declarations in writing are made, in such form and manner as may be
prescribed, b the parties thereto before the competent registering
authority under the India Registration Act, 1908, regarding lands held by
each prior to the transaction and the land which each shall come to hold
thereafter.
16 of 1908
Restrictions
on transfer,
etc.
Definitions
Transfers in
contravention
of this Chapter
69
(3) No registering authority shall register under the Indian Registration Act,
1908, any document of transfer, 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 the provisions of this Chapter,
16 of 1908
70
Penalty
Power to make
rules
183. The parties to any transfer, partition or lease made or entered into in
contravention of any of the provisions of this Chapter shall be punishable with fine
which may extent to one hundred rupees.
184. (1) The State Government may, by notification in the Official Gazette, make
rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters namely:-
(a) the form in which, and the period within which, a return under section 165
may be submitted;
(b) the agency through which information may be colleted under section 166;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section (1) of section 167
and the manner of determination of excess lands under this Part;
1. Amended ibid
2. Amended ibid
(e) the form in which a list under sub-section (3) of section 167 or sub- section (3) of
section 170 may be prepared and the manner of publication of such list;
(f) the period within which an application for restoration of excess land may be made
under the proviso to sub-section (4) of section 169;
(g) the manner of apportionment of compensation between the raiyat and the under-
raiyat under sub-section (2) of section 171;
(h) the manner of assessment of the market value of any structure or building or tress
under sub-section (3) of section 171;
(i) the manner of recovery of the compensation payable by the under raiyat under
sub-section (5) of section 171;
(j) the manner of determining under sub-section (6) of section 171 the market value
of any excess land in respect of which a mortgage in possession acquires the rights
of the mortgagor;
(k) the manner of determination of the net annual income of any excess land for the
purpose of payment of compensation under section171;
(l) the manner of payment of compensation, including the number of installments in
which the compensation may be paid or recovered and the period within which
bonds may be redeemed;
(m) the manner of demarcation of any execs land under section 175;
(n) the matters which may be determined by the State Government in granting an
exemption under section 178 including the form in which applications and
intimations may be made or given, under section 178;
(o) the form of declarations under section 182;
(p) any other matter which has to be, or may be, prescribed.
PART VI
Chapter XV.—General and Miscellaneous
Recovery of
amounts due as
arrears of Land
revenue
71
185. Without prejudice to any other provision of this Act, any amount due to the
Government, whether by way of costs, penalty or otherwise, and any other
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 land revenue.
186. (1) After the commencement of this Act and before the vesting date
referred to in sub-section (1) of section 134,--
(a) the provisions of sections 111 to 117 shall, so far as may be, apply to
tenants and sub-tenants as defined in clause (d) of section 133;
Protection against
eviction or surrender
certain cases
1
[Special
provision
regarding
scheduled
Tribes]
(b) no such tenant or sub-tenant shall surrender any land held by him as such
and no person shall enter upon any such land unless such surrender in bonafide
and is make with the previous permission in writing of the competent authority;
(c) no such tenant or sub-tenant shall, whether in execution of a decree or order
of court or otherwise, be evicted from any such land on any ground other than
those specified in clauses (c) and (d) of sub-section (1) of section 118, and any
proceeding for eviction of such tenant or sub-tenant on any ground other than
those specified in the said clauses (c) and (d) pending at such commencement
shall abate without prejudice to any action that may be taken under the provisions
of this Act.
(2) Where, on or after the 10th day of August, 1957 and before the commencement
of this Act, any such tenant or sub-tenant has surrendered any land held by him
as such or been evicted from such land and the surrender or eviction could not
have taken place if this Act had been in force on the date of such surrender or
eviction, the competent authority may, either on his own motion or on application
made by the tenant or sub-tenant in this behalf, restore him to possession of the
land which has been surrendered or from which he has been evicted.
“187 (1) No transfer of land belonging to a person who is a member of the
Scheduled Tribes shall be valid unless —
(a) the transfer is to another member of the Scheduled Tribes; or
(b) where the transfer is to a person who is not a member of the Scheduled
Tribes, it is made with the previous permission of the collector in writing in
the manner to be prescribed by rule, or
(c) the transfer is by way of mortgage to a Co-operative Society or to a Bank or
to the Tripura Housing Board, or to the Central or the State Government or
any other financial institutions or Corporations as may be notified by the
Government in the Official Gazette from time to time for the purpose.
Provided that the land so mortgaged in pursuance of Clause (c) shall not be
transferred by such mortgage to a person who is not a member of the Scheduled
Tribes.
72
Explanation.— In this sub-section, the expression ‘a bank’ shall have the same
meaning as in section 109.
4 of
1882
(2) (a) Notwithstanding anything contained in the transfer of Property Act, 1882, but
subject to the provisions of Section 187A, no transfer of land belonging to a person
who is a member of the scheduled tribes shall be valid unless made by a registered
instrument.
(b) No transfer or instrument of transfer including a decree or order passed by any
court, Tribunal or Authority, made in contravention of sub-section (1) shall be
registered or in any way recognized as valid in any court, Tribunal or Authority.
3. (a) “No decree or order shall be passed by any court, Tribunal or Authority in
any case other than the case as specify in Clause (c) of sub-section (1) for the sale of
the land or any portion thereof, of a person belonging to a Scheduled tribe nor shall
any such land be sold in execution of any decree or order”
(b) “This sub-section shall come into force on such date as the State Government may
be notification in the official Gazette appoint.”
___________________________________________________
1. Amended by the Second Amendment Act, 1974.
2. Amended by the Sixth Amendment Act, 18th Oct 1996.
3. Amended by the Seventh Amendment Act, 1997.
Provided that such order shall have effect from the first day of Baisakhnest
following the date of the order.
4. No decree or order shall be passed by any court for the sale of the land or
any portion thereof, of a person belonging to a Scheduled tribe nor shall any
such land be sold in execution of any decree or order.
5. When a certificate is filed for recovery of an arrear of land revenue in respect
of the land of a person belonging to a Scheduled Tribe, the Certificate
Officer shall, before a proclamation for sale of the land is issue in execution
of the certificate, refer the case to a revenue officer appointed under clause
(a) of sub-section (3) who may sell the land to a member of the Scheduled
Tribes, if available, and if not available, to any other person at a fair market
price to be fixed by such revenue officer, not being less than the amount due
in respect of the certificate:
Provided that if the homestead of the defaulting person is comprised in the
land such homestead shall not be sold:
Provided further that any amount remaining out of the sale proceeds after
satisfaction of the amount due in respect of the certificate shall be paid to the
defaulting person.
187A. Notwithstanding anything contained in Section 187 or the
Registration Act, 1908, it shall not be necessary to register the mortgage deed in
respect of a mortgage of agricultural land executed by a member of the
scheduled tribes in favour of the government 1[or a co-operative society or a
bank] for the purposes of securing the re- payment of any loan:
Registration of
mortgage deed
for scoring re-
payment of land
by the member
of Scheduled
Tribe
73
6 of 1980
“Restoration
of land:
Provided that the sub-divisional Officer shall send within thirty days of
execution of the mortgage deed by messenger or by registered post with
acknowledgment due a copy of the mortgage deed to the Registering Officer within
the local limits of whose jurisdiction the whole or any part of the agricultural land is
situate and the Registering Officer shall file copy in Book No. 1 prescribed under
section 51 of the Registration Act, 1908]
2[Explanation.—In this section the expression ‘a bank’ shall have the same
meaning as in section 109.]
187B. (1) On or after the 1st January, 1969---
(a) if a transfer of land belonging to a person who is a member of the scheduled
Tribes is made in contravention of the provisions of sub-section (1) of section 187 to a
person other than a member of the Scheduled Tribes, a Revenue Officer specially
appointed for this purpose by a notification in the Official Gazette, and having local
jurisdiction may, notwithstanding anything contained in any other law for the time being
in force, on its own motion or on an application made in that behalf, and after giving the
transferee and the transferer an opportunity of being heard, by an order in writing evict
such or any person claiming under him from such land or part thereof and shall restore
the possession of the land to the transferer, or his successor in interest and for this
purpose the Revenue Officer may use or cause to be used such force as may be
considered necessary.
(b) if any land owned by person belonging to the Scheduled Tribes is occupied by
any person who is not a member of the Scheduled Tribes without lawful authority, then
the Revenue Officer in the same manner as provided in Clause (a) may restore the
possession of such land to the person or successor in interest so dispossessed.
(c) if a person belonging to the scheduled Tribes is in occupation of Government
land and eligible for allotment of such land under Section 14 of this Act, parts with
possession or is dispossessed there from by a person not belonging to the Scheduled
Tribes, then the Revenue Officer in the same manner as provided in clause (a) may
restore the possession of such land to that person. Or his successor-in-interest as the case
may be and refer to the competent authority under Section 14 of this Act for allotment of
the land to such person.
Explanation—For the purpose of this sub-section, the successor-in-interst means heirs,
transferee or assignee in accordance with law or custom as applicable.
2. (a) If any person not being a member of the Scheduled Tribes occupies or possesses
the land held by or in occupation of a person belonging to the Scheduled Tribes in any
manner as specified in sub-section (1) after the commencement of the Tripura Land
Revenue and Land Reforms (Sixth Amendment) Act, 1994 without any lawful authority
he shall be punishable with imprisonment for a term which may extend to two years and
also with a fine which may extend to three thousand rupees.
(b) This sub-section shall come into force on such date as the state Government may by
notification in the official gazette appoint.
74
(3) Notwithstanding anything contained in the Code of Criminal Procedure 1973
every offence punishable under sub-section (2) shall be cognizable and non-bailable and
wherever any person is arrested and detained in custody in pursuance of provision of this
section, the officer-in-charge of the Police Station or Police Officer making the arrest
shall forward the person to the Presiding Officer holding the special Court of the
jurisdiction and the provision of the Code of Criminal Procedure, 1973 shall apply
mutates mutandis for summary trial.
(4) For the purpose of speedy trial of offence under this section the State Government
may, after consultation with the High Court by notification constitute as many special
Courts may be considered necessary, each consisting of an Officer not below the rank of
a Judicial Magistrate of the First Class.
(5) For the cases referred to in sub-section (2), the Revenue Officer immediately
after restoration of land under sub-section (1) shall file a complaint in the special Court
constituted under sub-section (4) for action as provided, in sub-section (2).
(6) An appeal shall lie to the High court from every order passed by a special court
under this section within sixty days of the passing of such order.
187. C. Notwithstanding anything contained in any other law for the time being in force,
the burden of proof for the purpose of section 187 B that transfer of land was not made in
contravention of sub-section (1) of section 187 or occupation of land was not made
without lawful authority shall lie on the transferee or occupier, as the case may be.
187. D. Where the possession of any land is restored to a person belonging to the
scheduled Tribes under any of the above provisions is re-transferred by the person
belonging Scheduled Tribes in contravention of section 187 and the Revenue Officer
specially empowered has reasons to believe that the land holder belonging to Scheduled
Tribes shall not be in a position to retain the land so re-transferred even after subsequent
restoration, the Revenue Officer shall evict the person to whom the land was re-
transferred and entrust the management of the same to a Committee as may be
constituted by the State Government with scheduled Tribes members and Government
Officials for a period of one year and if, after the expiry of this period, the Committee
holds that the land holder belonging to the scheduled Tribes shall not be in a position to
retain the land if restored, then such land shall vest to the Government free from all
encumbrances and the Collector shall allot the land to the eligible tribal’s of the area
under such condition as may be prescribed.
(2) The manner of constitution conduct of business, powers and function of the
committee referred to in sub-section (1) shall be such as may be prescribed.
Explanation: - For the purpose of Section 187, 187B, 187C an 187D, the word ‘transfer’
shall mean sale, mortgage, lease, exchange and gift as defined in Transfer of property
Act, 1882 and include parting with fully or partly of ownership or possession of any land
or any interest therein in any other manner whatsoever but shall not include the
requisition and acquisition of land under any law for the time being in force.
187. E. Notwithstanding anything contained in any law for the time being in force, a
petition for restoration of possession of land by a person belonging to the Scheduled
Tribes against a person not belonging to the scheduled Tribes shall lie at any time.
187. F. Notwithstanding anything contained in any other law for the time being in
force, no suit for declaration of title over any land belonging to the Scheduled Tribes
shall lie in a civil Court and no Civil Court shall pass a decree or order by which
title of land stands transferred from a person belonging to the Scheduled Tribes to a
person not belonging to the Scheduled Tribes.
75
187. G. (1) wherever an offence under this Act has been committed after the
commencement of the Tripura Land Revenue and Land Reforms (Sixth
Amendment) Act, 1994 by a company, every person who at the time the offence was
committed was in charge of, or was responsible to the company for the conduct of
the business of the company, as well as the company, shall be deemed to be guilty
of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment under this Act if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under
this Act has been committed by a company and it is proved that the offence has
been committed with the consent or a connivance of, or is attributable to any
neglect on the part of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
Explanation:- For the purpose of this section (a) “company” means anybody
corporate and includes a firm or other association of individuals; and
(b) “Director”, in relation to a firm, means a partner in the firm”.
188. No suit or other proceeding shall, unless otherwise expressly provided in this Act,
lie or be instituted in any civil court with respect to any matter arising under and
provided for by this Act.
Jurisdiction of civil
courts excluded
Act to override
contracts and
other laws
1. Amended by the Fourth Amendment Act, 1975.
2. Amended ibid.
189. Save as otherwise provided, the provisions of this Act shall have effect
notwithstanding anything to the contrary contained in any other law, custom or
usage or agreement or decree or order of court.
76
7 of 1870
45 of 1860
Power to exempt
General
provision as to
penalties
Protection of
action taken in
good faith
Delegation of
powers
190. Notwithstanding anything contained in the court-fees Act, 1970, every
application, appeal or other proceeding under this Act shall bear a court-fee stamp of
such value as may be prescribed.
191. Every village accountant and every other village officer appointed under this Act
shall be deemed to be a public servant within the meaning of section 21 of the Indian
Penal code.
192. 1
[Omitted]
193. Whoever contravenes any provision of this Act for which no penalty has been
otherwise provided for therein shall be punishable with fine which may extend to five
hundred rupees.
194. No suit, prosecution or other proceedings shall lie—
(a) against any officer of the Government for anything in good faith done
or intended to be done under this Act;
(b) against the Government for any damage caused or likely to be caused or
any injury suffered or likely to be suffered by anything in good faith done or
intended to be done under this Act.
195. The State Government may, by notification in the Official Gazette delegate to
any officer or authority subordinate to him any of the powers conferred on him or on
any officer subordinate to him by this Act, other than the power to make rules, to be
Court fees
Village
Officers to
be Public
servants
77
Power to remove
difficulties
General power to
make rules
exercised subject to such restrictions and conditions as may be specified in the said
notification.
196. If any difficulty arises in given effect to any provision of this Act, the
government may, as occasion requires, take any action not inconsistent with the
provisions of this Act which may appear to it necessary for the propose of removing
the difficulty.
197 without prejudice to any power to make rules contained elsewhere in this Act, the
State government may, by notification in the Official Gazette, make rules generally
to carry out the purpose of this Act.
1. Amended by the Third Amendment Act, 1975.
198. Every rule made under this Act, shall be laid as soon as may be after it is made
before 1[the Legislative Assembly of Tripura] while it is in session for a total period of
fourteen days which may be comprised in one session or in two successive session, and if
before the expiry of the session in which it is so laid 2 [or the session aforesaid]
following, 3[the Assembly makes any modification in the rule or decides that the rule
shall not be made,] rule shall thereafter have effect only in such modified form or be of
no effect, as the case may be; so however that any such modification or annulment shall
be without prejudice to the validity of anything previously done under that rule.
199. (1) On and from the date on which any of the provisions of this Act are brought into
force in any area in the State of Tripura, the enactments specified in the First Schedule or
so much thereof as relate to the matters covered by the provisions so brought into force
shall stand repealed in such area.
(2) The repeal of any enactment or part thereof by sub-section (1) shall not affect,--
(a) the previous operation of such enactment or anything duly done or suffered there
under;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under
such enactment;
(c) any penalty, forfeiture or punishment incurred in respect of any offence
committed against such enactment;
(d) any investigation, legal proceeding 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 thereof had not been repealed.
Laying of
rules before
Legislative
Assembly of
Tripura
-
Repeal and
savings
78
(3) subject to the provisions contained in sub-section (2), any appointment, rule,
order, notification or proclamation made or issued, any lease, rent, right or liability
granted, fixed, acquired or incurred and any other thing done or act ion taken under
any of the enactments or parts thereof repealed under sub-section (1) shall, in so for
as it is not inconsistent with the Act provision of this brought to force, be deemed to
have
1. Amended by the First Amendment Act, 1969.
2. Amended ibid.
3. Amended ibid.
been made, issued, granted, fixed acquired, incurred done or taken under this Act, and shall
continue to be in force until superseded by anything done or any action taken under this Act.
(4) Any custom or usage prevailing at the time any of the provisions of this Act are brought
into force in any area in the State of Tripura and having the force of law therein shall, if such
custom or usage is repugnant to or inconsistent with such provision, cease to be operative to
the extent of such repugnancy or inconsistency.
THE 1[FIRST] SCHEDULE
[See section 199 (1) ]
(1) Praja Bhumyadhikari Sambandha Bishyak Ain (EK Ain, 1296 Tripurabda).
(2) 1296 Triurabder Praja Bhumyadhikari Ain Sansudhan Bishyak 1337 Tripurabder EK
Ain, and
1296 Triurabder Praja Bhumyadhikari Ain Sansudhan Bishyak 1335 Tripurabder EK
Ain,
(3) Rajdhani Agartala Sahar Bondobasta Sambandhiya Bidhan, 1396 T.E.
(4) Jarip-o-Bondobasta Sambandhiya Niyamabali,1309 Tripurabda.
(5) Tripura Raiyat Jarip Bondobasta sambandhyia Niyamabali Snsudhan Bishyak, 1336
Tripurabder Tin Ain.
(6) Jarip-o-Bondobasta Sambandhiya Niyamabali (Prathem Khanda).
(7) Jarip-o-Bondobasta Sambandhiya Niyamabali (Dwitiya Khanda).-1323 T.E.
(8) 1290 Saner EK Ain Orthat/Rajaswa Sambandhiya Niyanmabali and 1323 Tripura
bder Dui Ain Orthat Rajaswa Sambandhiya 1290 saner EK Ain Sansudhan Bishyak
Bidhi.
(9) Sarkari Prapya Aday Sambandhiya 1326 Tripura Char Ain, and sarkari Prapya Aday
Sambandhiya 1326 Tripura Char Ain sansudhan Bishyak Ain Athaba 1358 Tring
saner 18 Nang Ain.
79
2[(10) The Order of the former Ruler of Tripura dated the 20 th Bhadra, 1341 T.E under
memo, No 49 constituting a reserved area within the State of Tripura, for the settlement
of five specified classes of tribals, namely Puran Tripura, Noatia, Jamatia, Reang and
Halam, and the Order of the former Ruler of Tripura No 325 dated the 1st Aswin, 1353
T.E. on the same subject, published in an Extraordinary Issue of Tripura State Gazette
dated the 7th Aswin, 1353 T.E.
1. Amended by the Third Amendment Act, 1975.
2. Amended by the Second Amendment Act, 1974.
1[THE SECOND SCHEDULE
(See sections 107A, 107C and 107D)
1. In the District of North Tripura—
A. Within Dharmanagar Sub-Division:
(a) Name of Tehsils
1.Anandabazar
3.Khdacherra
(b) Name of village
1.Balidhum
2.Chandpur
3.Jayantipura
4.Jamaraipara
5.Chandipur
6.Kacharichhera
7.Paschim Mongpui
8.Deo R.F.
9.Dkshin Machmara
10. Rabiraipara
11. Rahumchhera
12. Juri R.F.
13. Bangsul
2. Pacharthal
14. Piplachhera
15. damchhera R.F.
16. Belianchip
17. Manuchailengtha R.F.
18. Dasamanipara
19. Kamrmara
20. Tailyangpara
21. Taichhama
22. Banglabari
23. Paschim Thlangsangbari
24. Ramprasipara
80
B. Within Kailashahar Sub-
Division :
(a) Name of Tehsils
1. Manu
2. Chhailengata
3. Chhamanu
4. Manikpur
5. Gobindabari
(b) Name of Village
1. Dhatuchhara
2. Rajkandi
3. Dongdung
4. Saydachhara
5. Kanchanchhara
6. Nalkata
7. Purba Karamchhara
8. Deorachhara
9. Uttar Unakuti R.F.
10. Samruhalai R.F.
11. Ultachhara
12. Deo R.F.
C. Within Kamalpur Sub-Division:
Name of Tehsil
1. Ambassa
(b) Name of Village
1. Srirampur
2. Panbua
3. Maharani
4. Mendi
5. Raipasha
6. Kulai R.F.
7. Paschim Nalichara
8. Setrai
9. Longthorai R.F.
10. Jamthumbari
11. Simbuchak
12. Bagmara
13. Kamalachhara
14. Uttar Bilashchhara
81
2. In the District of West Tripura--
A. Within Khowai Sub-Division.--
(a) Name of Tehsils
1.Padmabil
2.Champahour
3.Ramchandraghat
4.Ganganagar
(b) Name of Village
1. Paschim Laxmichhara
2.Paschim Karangichhara
3.Paschim Rajnagar
4.Uttar Gakulnagar
5.Dakshin Gakulnagar
6.Dakdhin Maharani
7.Sriramkhara
8.Dakshin Pulinpur
9.Uttar Puilnpur
B. Within Sadar Sub-Division:
(a) Name of Tehsils
1.Baikunthapur
2.Chandpur
3.Budhjangnagar
4.Rangmala
5.Amrendranagar
6.Pathaliaghat
7.Pekuarjala
8.Paschim Takarjala
(b) Name of Village
1. Purba Simna
2.Uttar Dasgharia
3.Sankhala
4.Uttar Debendrachandranagar
5.Latiachhara
6.Paschim Barjulai
7.Jirania
C. Within Sonamura Sub-Division
(a) Name of Village
1.Manipathar
2.Bejoynagar
3.Dhanirampur
4.Chandu
5.Uttar Taibandal
3. In the District of South Tripura:
A. Within Amarpur Sub-Division:
(a) Name of Tehsils
1. Taidubari
2.Malbasa
3.Nutanbazar
4.Gandachhara
5.Raima Valley
6.Sonachhera
10. Tuichingrambari
11. Unttar Pramodenagar
12. Badlabari
13. Jajnakabrabari
14. Paschim Kalyanpur
15. Nunachhara R.F.
16. Atharamura R.F.
17. Ramdrishnapur
18. Mainakbari
9. Purba Takarjala
10. Sankumbari
11. Laxmipur
12. Patnipara
13. Mandhainagar
14. Champaknagar
15. Belbari
16. Shibnagar
8. Radhamohanpur
9. Radhapur
10. Meghlibund
11. Bansibari
12. Sutarmura
13. Banstali
14. Pdmanagar
15. Radhanagar
6. Khdabari
7. Dakshin Taibandal
8. Jagatrampur
9. Birendranagar
82
(b) Name of village
1. Rajkang
2. Paschim Sarbong
3. Purba Sarbong
4. Kamalaipara
5. Baishyamanipara
6. Uttar Chhangng
7. Gamaichhara
B. Within Belonia Sub-Division
(a) Name of Tehsil
1. Birchandranagar
2. Purba Pillak
3. Kalasi
(b) Name of Village
1. Baikora
2. Shibpur
3. Tuigamari
4. Tekka R.F.
5. Kashri R.F.
6. Radhanagar
7. Paschim Anandapur
C. Within Sabroom Sub-Division
(a) Name of Tehsils
1. Chalitachhari
2. Baisnabur
3. Shilachhari
(b) Name of Village
1. Chalitachhari
2. Harbatali
3. Sindhukpathar
4. Fulchhari
D. Within Udaipur Sub-Division
(a) Name of Tehsils
1. Killa
(b) Name of Village
1. Purba Mogpushkarini
2. Baishabari
3. Taiharchum
4. Purba Brajendranagar
5. Raiyabari
8. Baramura-Debtamura R.F.
9. Laogong
10. Uttar Ekchheri
11. Pachim Ekchheri
12. Dakshin Ekchheri
13. Paschim Karbok
14. Tairvuma
8. Purba Kathalia
9. Ratanpur
10. Laxichhara
11. Kalalaogong
12. Dakshin Hichachhara
13. Abangchhara
5. Betaga R.F.
6. Dakshin Raichara
7. Tekka Tulshi R.F.
6. Samukchhara
7. Khupiling
8. Dakshin Maharini
9. Gunahari
10. Garji R.F.
11. Kachigang
83
THE TRIPURA LAND REVENUE AND LAND REFORMS
(SIXTH AMENDMENT) ACT, 1994.
Published in the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Friday, October 18, 1996 A.D. Asvina 26, 1918 S.E.
GOVERNMENT JOF TRIPURA
LAW DEPARTMENT
No. F. 9(15)-Law/Leg/96 Dated, Agartala, the 18th October, 1996.
NOTIFICATION
The following Act of the Tripura Legislative Assembly received the assent of the
President on the 11th February, 1996 and is hereby published for general information.
TRIPURA ACT NO. 2 OF 1996.
THE TRIPURA LAND REVENUE AND LAND REFORMS
( SIXTH AMENDMENT) ACT, 1994.
AN
ACT
Further to amend the Tripura Land Revenue and Land Reforms Act, 1960.
Be it enacted by the Legislative Assembly in the forty-fifth year of the republic of India as
follows;-
WHEREAS it is expedient to amend the Tripura Land Revenue and Land Reforms
Act, 1960:
Short title and
Commencement
1. (1) This Act may be called the Tripura Land Revenue and Land
Reforms (Sixth Amendment) Act, 1994.
(3) It shall come into force at once.
84
2. For Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 ( here-in-after
referred to as principal Act). the following Section shall be substituted, namely:-
“Special
provision
regarding
Scheduled
Tribes”
“187 (1) No transfer of land belonging to a person who is a member of the
Scheduled Tribes shall be valid unless—
(a) the transfer is to another member of the Scheduled Tribes; or
(b) where the transfer is to a person who is not a member of the Scheduled
Tribes, it is made with the previous permission of the collector in writing in
the manner to be prescribed by rule, or
(c) the transfer is by way of mortgage to a Co-operative Society or to a Bank or
to the Tripura Housing Board, or to the Central or the State Government or
any other financial institutions or Corporations as may be notified by the
Government in the Official Gazette from time to time for the purpose.
Provided that the land so mortgaged in pursuance of Clause (c) shall not be
transferred by such mortgage to a person who is not a member of the Scheduled
Tribes.
Explanation—In this sub-section, the expression, ‘a bank’ shall have the same
meaning as in section 109.
(2) (a) Notwithstanding anything contained in the Transfer of Property Act, 1882,
but subject to the provision of section 187A, no transfer of land belonging to a
person who is a member of the Scheduled Tribes shall be valid unless made by a
registered instrument.
(b) No transfer or instrument of transfer including a decree or order passed by any
court, Tribunal or Authority, made in contravention of sub-section (1) shall be
registered or in any way recognised as valid in any court, Tribunal or Authority.
(3) No decree or order shall be passed by any court, Tribunal or Authority in any
case other than the cases as specified in Clause (c) of sub-section (1) for the sale
of the land or any portion thereof, of a person belonging to scheduled Tribes nor
shall any such land be sold in execution of any decree or order”
Insertion of
New
Section
3. In the Principal Act, after Section 187 A, the following sections shall be inserted,
namely;-
“Restoration
of land:
187B. (1) On or after the 1st January, 1969---
(a) if a transfer of land belonging to a person who is a member of the scheduled
Tribes is made in contravention of the provisions of sub-section (1) of section
187 to a person other than a member of the Scheduled Tribes, a Revenue
Officer specially appointed for this purpose by a notification in the Official
Gazette, and having local jurisdiction may, notwithstanding anything
contained in any other law for
85
the time being in force, on its own motion or on an application made in that
behalf, and after giving the transferee and the transferer an opportunity of
being heard, by an order in writing evict such or any person claiming under
him from such land or part thereof and shall restore the possession of the land
to the transferer, or his successor in interest and for this purpose the Revenue
Officer may use or cause to be used such force as may be considered
necessary.
(b) if any land owned by person belonging to the Scheduled Tribes is
occupied by any person who is not a member of the Scheduled Tribes without
lawful authority, then the Revenue Officer in the same manner as provided in
Clause (a) may restore the possession of such land to the person or successor
in interest so dispossessed.
(c) if a person belonging to the scheduled Tribes is in occupation of
Government land and eligible for allotment of such land under Section 14 of
this Act, parts with possession or is dispossessed there from by a person not
belonging to the Scheduled Tribes, then the Revenue Officer in the same
manner as provided in clause (a) may restore the possession of such land to
that person. Or his successor-in-interest as the case may be and refer to the
competent authority under Section 14 of this Act for allotment of the land to
such person.
Explanation—For the purpose of this sub-section, the successor-in-interst
means heirs, transferee or assignee in accordance with law or custom as
applicable.
(2) If any person not being a member of the Scheduled Tribes occupies or
possesses the land held by or in occupation of a person belonging to the
Scheduled Tribes in any manner as specified in sub-section (1) after the
commencement of the Tripura Land Revenue and Land Reforms (Sixth
Amendment) Act, 1994 without any lawful authority he shall be punishable
with imprisonment for a term which may extend to two years and also with a
fine which may extend to three thousand rupees.
(3) Notwithstanding anything contained in the Code of Criminal Procedure
1973 every offence punishable under sub-section (2) shall be cognizable and
non-bailable and wherever any person is arrested and detained in custody in
pursuance of provision of this section, the officer-in-charge of the Police
Station or Police Officer making the arrest shall forward the person to the
Presiding Officer holding the special Court of the jurisdiction and the
provision of the Code of Criminal Procedure, 1973 shall apply mutates
mutandis for summary trail.
(4) For the purpose of speedy trial of offence under this section the State
Government may, after consultation with the
86
High Court by notification constitute as many special Courts s may be
considered necessary, each consisting of an Officer not below the rank
of a Judicial Magistrate of the First Class.
(5) For the cases referred to in sub-section (2), the Revenue Officer
immediately after restoration of land under sub-section (1) shall file a
complaint in the special Court constituted under sub-section (4) for
action as provided, in sub-section (2).
Onus of
Proving
Prevention of re-
transfer
(6) An appeal shall lie to the High court from every order passed by a
special court under this section within sixty days of the passing of
such order.
187. C. Notwithstanding anything contained in any other law for the time
being in force, the burden of proof for the purpose of section 187 B
that transfer of land was not made in contravention of sub-section (1)
of section 187 or occupation of land was not made without lawful
authority shall lie on the transferee or occupier, as the case may be.
187. D. Where the possession of any land is restored to a person belonging to
the scheduled Tribes under any of the above provisions is re-
transferred by the person belonging Scheduled Tribes in
contravention of section 187 and the Revenue Officer specially
empowered has reasons to believe that the land holder belonging to
Scheduled Tribes shall not be in a position to retain the land so re-
transferred even after subsequent restoration, the Revenue Officer
shall evict the person to whom the land was re-transferred and entrust
the management of the same to a Committee as may be constituted
by the State Government with scheduled Tribes members and
government Officials for a period of one year and if, after the expiry
of this period, the Committee holds that the land holder belonging to
the scheduled Tribes shall not be in a position to retain the land if
restored, then such land shall vest to the Government free from all
encumbrances and the Collector shall allot the land to the eligible
tribals of the area under such condition as may be prescribed.
(2) The manner of constitution conduct of business, powers and
function of the committee referred to in sub-section (1) shall be such
as may be prescribed.
Explanation:- For the purpose of Section 187, 187B, 187C an 187D,
the word ‘transfer’ shall mean sale, mortgage, lease, exchange and
gift as defined in Transfer of property Act, 1882 and include parting
with fully or partly of ownership or possession of any land or any
interest therein in any other manner whatsoever but shall not include
the requisition and acquisition of land under any law for the time
being in force.
87
Waiving of
limitation
Jurisdiction of Civil
Court
187. E. Notwithstanding anything contained in any law for the time being in
force, a petition for restoration of possession of land by a person
belonging to the Scheduled Tribes against a person not belonging to
the scheduled Tribes shall lie at any time.
187. F. Notwithstanding anything contained in any other law for the time
being in force, no suit for declaration of title over any land belonging
to the Scheduled Tribes shall lie in a civil Court and no Civil Court
shall pass a decree or order by which title of land stands transferred
from a person belonging to the Scheduled Tribes to a person not
belonging to the Scheduled Tribes.
187. G. (1) Wherever an offence under this Act has been committed after the
commencement of the Tripura Land Revenue and Land Reforms
(Sixth Amendment) Act, 1994 by a company, every person who at the
time the offence was committed was in change of, or was responsible
to the company for the conduct of the business of the company, as
well as the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any
such person liable to any punishment under this Act if he proves that
the offence was committed without his knowledge or that he
exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an
offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or a
connivance of, or is attributable to any neglect on the part of any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation:- For the purpose of this section (a) “company” means
anybody corporate and includes a firm or other association of individuals;
and
(b) “Director”, in relation to a firm, means a partner in the firm”.
R.M.MAJUMDER
Deputy Secretary to the
Government of Tripura.
88
THE TRIPURA LAND REVENUE AND LAND REFORMS
(SIXTH AMENDMENT) ACT, 1997.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
No. F. 9(15)-Law/Leg/96 Dated, Agartala, the 1st April, 1997.
NOTIFICATION
The following Act of the Tripura Legislative Assembly received the assent of the
President on the 27th March, 1997 and is hereby published for general in formation.
89
“TRIPURA ACT NO. 1 OF 1997
THE TRIPURA LAND REVENUE AND LAND REFORMS
(SEVENTH AMENDMENT) ACT 1997.
AN
ACT
further to amend the Tripura Land Revenue and Land Reforms Act, 1960.
Be it enacted by the Legislative Assembly of Tripura in the Forty-eight Year
of the republic of India as follows: -
Short Title and
Commencement
Amendment of
section 187
Amendment of
section 187 B
Repeal and
Saving
1. (1) This Act may be called the Tripura Land Revenue and Land Reforms
(Seventh Amendment) Act, 1997.
(2) It shall be deemed to have come into force on the 11th day of February
1996.
2. In Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960
(hereinafter referred to as the Principal Act), sub-section (3) shall be
renumbered as clause (a) thereof and after clause (a) as so renumbered, the
following clause shall be inserted, namely:-
“This sub-section shall come into force on such date as the State
Government may be notification in the official Gazette appoint.”
3. In Section 187B of the Principal Act, sub-section (2) shall be renumbered
as clause (a) thereof and after clause (a) as so renumbered, the following
clause shall be inserted, namely: -
“(b) This sub-section shall come into force on such date as the state
Government may by notification in the official gazette appoint”
4. (1) The Tripura Land Revenue and Land Reforms (Seventh Amendment)
Ordinance 1996 (hereinafter referred to as the said ordinance) is hereby
repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Ordinance shall respectively be deemed to have been done or taken under
the corresponding provisions of this Act.”
B.K. Banerjee
Secretary to the
Government of Tripura.
90
List of mouja/ Revenue/ Village along with Sub-Division District/
Tehasil under 2nd schedule
Name
of
District
Name
of
Sub-Division
Name of
Circle
Name of
Tehasil
Name of Revenue Village under
2nd schedule
1 2 3 4 5
West Sadar Mohanpur Pashim Simna 1. Meghli Band
Shan khola 2. Purba Simna
3. Shankhola
4. Uttar Dasgharia
Taranagar 5. Uttar Debendra Chandra Nagar
Jirania Jirania 6. Jirania
Majlishpur 7. Pashim Barjala
Purba
Nooagaon
8. Radhapur
9. Radha Mohanpur
West Bishalgarh Bishalgarh Debipur 10. Radhanagar
Rangapania 11. Bangshibari
12. Sutarmura
Golaghati 13. Latia Chhara
Amtali 14. Bastali
15. Padma Nagar
West Khowai Teliamura Teliamura 16. Uttar Gakulnagar
17. Dakshin Gakulnagar
18. Nuna Chara R.F.
19. Atharamura R.F.
Teliamura Krishnapur 20. Dakshin Maharani
21. Sriram Chara
22. Ramkrishnapur
Howaibari 23. Dakshin Pulinpur
Teliamura Mohar Chhara 24. Uttar Pulinpur
Maharani Behalabari 25. Pashim Laxmi Chara
Maharanipur 26. Tuichingrambari
27. Dakshin Promade Nagar
Durgapur 28. Badlabari
29. Manikbari
30. Jainakobrabari
Padmabill 31. Pashim Karangi Chara
Laxmi
Narayanpur
32. Pashim Rajnagar
Kalyanpur 33. Pashim Kalyanpur
West Sonamura Sonamura Kathalia 34. Birendra Nagar
35. Manaipathar
Boxanagar 36. Jagat Rampur
Matinagar 37. Bijay Nagar
38. Dhanirampur
Melagarh Kamrangatali 39. Chandul
40. Uttar Taibandal
41. Dakshin Taibandal
42. Khedarbari
91
Name
of
District
Name
of
Sub-Division
Name of
Circle
Name of
Tehasil
Name of Revenue Village under
2nd schedule
1 2 3 4 5
South Udaipur Udaipur Matabari 43. Purba Mangpushskarini
Garji 44. Garji R.F.
45. Baishabari
46. Taiharchum
Mirza 47. Samuk Chara
Dhaja Nagar 48. Kupilong
49. Kupilong R.F.
Killa Pitra 50. Purba Brajendra Nagar
51. Raiabari
Maharani 52. Gandhari
53. Dakshin Maharani
South Belonia Santirbazar Santirbazar 54. Purba Kathalia
Baikhura 55. Baikhura
Laxmi Chara 56. Laxmi Chara
Purba
Muharipur
57. Shibpur
58. Tekka Tulsi R.F.
59. Tuigamari
60. Ratanpur
Kalasi 61. Kalalaogong
62. Abanga Chara
Dakshin
Hirachara
63. Dakshin Hirachara
Belonia Hirishyamukh 64. Tekka R.F.
Rajnagar Barpathare 65. Kashari R.F.
Radhanagar 66. Radhanagar
Siddhi Nagar 67. Pashim Anandapur
South Sabroom Sabroom Sabroom 68. Harbatali
Manu 69. Sinduk Pather
70. Fulchari
71. Betaga R.F.
Bhoratali 72. Dakshin Taichima
73. Chalita Chara
South Amarpur Amarpur Birgang 74. Rajkang
75. Baramura Debatamura R.F.
Malbasa 76. Tairbhuma
Chellagong 77. Laogang
78. Uttar Ekchari
79. Dakdhin Ekchari
80. Pashim Karbuk
81. Pashim Ekchari
Ampi Ampinagar 82. Baishyamani Para
83. Uttar Chhangong
84. Gamai Chhara
92
Name
of
District
Name
of
Sub-Division
Name of
Circle
Name of
Tehasil
Name of Revenue Village under
2nd schedule
1 2 3 4 5
South Amarpur Ompi Bampur 85. Pashim Sarbong
86. Purba Sarbong
87. Kamalai Bari
North Kailashahar Kailashahar Tilagam 88. Deora Chhara
89. Uttar Unakuti R.F.
Gour Nagar 90. Dhatu Charra
Birchandra
Nagar
91. Samaruhalai R.F.
Kumarghat 92. Rajkandi
Kachanbari 93. Dendgung
Karam Charra 94. Saiyda Chhara
95. Deo R.F.
North Dharmanagar Dharmanagar Halflong 96. Balidhum
Santi Chhara 97. Chanpur
North Kanchanpur Kanchanpur Pecharthal 98. Nalkata
99. Juri R.F.
Dasda 100. Dasmani Para
101. Kamarmara
102. Taiyang Para
103. Taichihama
104. Ramprasaipara
Ujan
Machmara
105. Jaiyanti para
106. Jamarai Para
Machmara 107. Dakshin Machmara
Kanchanpur 108. Chandipur
109. Kanchan Chhara
110. Deo R.F.
111. Rabiri Para
Damchhara 112. Bangsil
113. Pipla Chhara
114. Kachari Chhara
115. Dam Chhara
116. Rahum Chhara
Vangmun Vangmun 117. Pashim Manpai
118. Belianchief
119. Banglabari
120. Pashim Tangsung Bari
Dhalai Kmalpur Kamalpur Kmalpur 121. Uttar Bilash Chhara
Manik Bhandar 122. Srirumpur
Halahali 123. Panboa
Mahabir 124. Setrai
125. Jamthum Bari
Salama 126. Maharani
127. Mendi
Nalichhara 128. Simbhuckak
93
Name
of
District
Name
of
Sub-Division
Name of
Circle
Name of
Tehasil
Name of Revenue Village under
2nd schedule
1 2 3 4 5
Dhalai Ambasa Ambasa Kulai 129. Raipasa
130. Kulai R.F.
131. Kanala Chhara
Kachu Chhara 132. Pashim Nalichhara
133. Bagmara
Dhalai Longtharai
Valley
Manu Manu 134. Longthorai R.F.
Kanchan
Chhara
135. Purba Kanchan Chhara
Chailengtha 136. manu Chailengtha R.F.
Dhalai Gandachhara Gandachara Gandachhara 137. Ultachhara
********************
94
8th Amendment Act, 2000
Published in the
EXTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Thursday, September 5, 2002 A.D. Bhadra 14, 1924 S.E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
NO.F.8(19)-Law-1/2002 Dated, Agartala, the 14th August, 2002.
NOTIFICATION
The following Act of the Tripura Legislative Assembly received the
assent of the Governor on the 31st of May, 2000 and is hereby published for
general information.
A.B. Paul
Secretary
Government of Tripura
95
Tripura Act No. 12 of 2000.
THE TRIPURA LAND REVENUE AND LAND REFORMS
(EIGHT AMENDMENT) ACT, 2000.
AN
ACT
to amend the Tripura Land Revenue and Land Reforms Act, 1960.
Be it enacted by the Legislative Assembly of Tripura in the Fifty-First Year
of Republic of India as follows :
Short title &
Commencement.
Amendment of
Section--20
1. (1) This act may be called the Tripura Land Revenue
and Land Reforms (Eight Amendment) Act, 2000.
(2) It shall come into force at once.
2. In section 20 of the Tripura Land Revenue and Land
Reforms Act, 1960,--
(a) in sub-section (4), for the words “one hundred
rupees” the words “ten thousand rupees” shall
be substituted ;
(b) in sub-section (5), for the words :One hundred
rupees” and “four rupees” the words “ten
thousand rupees” and “four hundred rupees” shall
respectively be substituted.
A.B.Pual
Secretary
Government of Tripura
96
Published in the
ESTRAORDINARY ISSUE OF TRIPURA GAZETTE
Agartala, Monday, March 6, 2006 A.D. Phalguna 15, 1927 S.E.
Government of Tripura
Law Department
No.F.8(2)-LAW/Leg-I/2006. Dated, Agartala, the 23rd February, 2006
The following Act of the Tripura Legislative Assemble received the assent of
the Governor on 20.02.2006 is hereby published for general information.
S.C.Das
Law Secretary
Government of Tripura
97
Tripura Act No. 3 of 2006
THE TRIPURA LAND REVENUE AND LAND REFORMAS
(NINTH AMENDMENT) Act, 2006.
AN
ACT
to amend the Tripura Land Revenue and Land Reforms Act, 1960.
Be it enacted by the Tripura Legislative Assemble in the Fifty Seventh Year of
the Republic of India as Follows :-
Short Title &
Commencement
Insertion of Sub-
section (1) and (2)
in Section 4
1.(1) This Act may called the Tripura Land Revenue and Land
Reforms (Ninth Amendment) Act, 2006.
(2) It shall come into force at once.
2. In Section 4 of the Tripura Land Revenue and Land Reforms
Act, 1960 the existing provision shall be numbered as sub-
section (1) and after sub-section (1) the following shall be
inserted namely :-
“(2) Notwithstanding anything contained in Sub-section (1)
of Section 4 above, the State Government if it thinks
expedient to do so, may engage at any time private
individuals to undertake any of the activities under this Act.
In the event of such expediency the State Government,
shall by notification in the official gazette, prescribe the
conditions under which such engagement shall be made.”
S.C.Das
Law Secretary
Government of Tripura
98
Power of the competent authority to act under different provision of TLR & LR
Act 1960 has been notified by the Government, from Revenue Department dt.
22.12. Is as under: -
Sl no Section
of the
Act
Subject/purpose Revenue authorities with which
powers are vested
1. 11(3) Power to decide dispute over
property.
1. Collector
2. Settlement Officer ( during
revision)
2. 14(1) Allotment of land for the
purpose of agriculture and
construction of dwelling house
1. Sub-Divisional Magistrate
2. Settlement officer(during
revision)
3. 15 Summary eviction of
unauthorized occupation
1. Deputy Collector
2. Settlement officer ( during
revision)
4. 18 Remission of revenue in respect
of land lost by diluvium
1. Deputy Collector
2. Settlement officer
5. 20 Permission of diversion of land Deputy Collector
6. 38 Assessment of revenue payable
on each holding
Settlement officer
7. 45 Revision of entries in the finally
published RoR within one year
from the date of final publication
of records
Settlement officer
8. 46 To decide the disputed case of
mutation
1. Deputy Collector
2. Revenue inspector
3. Asstt. survey officer
4. Kanungo(during revisional
survey)
9. 46(A) Disposal of objections against
the entries in the register of
bargadars and to certify the
transfer of entries in the RoR
1.Deputy Collector
2.Revenue Inspector
3.Asstt. Survey Officer
4.Kanungo(during revisional
survey
10. 52 Demarcation of village
boundaries
1. Deputy Collector
2. Asstt. Survey Officer( during
revisional survey)
11. 53(2) Eviction of unauthorized
occupiers after fixing of
boundary
1. Sub-Divisional Magistrate
2. Settlement Officer (during
Revenue Survey)
12. 57 Measuring for construction ,
laying out, maintenance and
repair of boundary marks
1. Collector
2. Settlement officer (during
Revenue Survey)
13. 61(2) Certification of the correctness
of the accounts of arrears of land
revenue
Deputy Collector
14. 63,64,65 Realization of land revenue and Deputy Collector
99
,66,
75&79
other public demands through
certificate proceeding
15. 74 Confirmation of sale Sub-divisional Magistrate
16. 76 Certificate of purchase 1. Sub-divisional Magistrate
2. Deputy Collector
17. 84 Power to transfer cases from one
revenue officer to another
revenue officer competent to
deal with it.
1. Secretary /Commissioner,
revenue from any revenue
officer to another revenue
officer competent to hear
the case.
2. Director land records from
any revenue officer of the
directorate of settlement to
another revenue officer of
the directorate competent
to hear the case.
3. Collector to another officer
exercising the power of
collector in the same
district and from any
revenue officer in the
district to another revenue
officer competent to hear
the case.
4. Sub-divisional officer from
any revenue officer in the
sub-division to another
revenue officer in the sub-
division competent to hear
the case.
18. 85 Power to take eviction,
summoned witness etc.
All revenue officers not lower in
rank than a circle officer are
empowered.
19. 93(1) Hearing of appeals against order
passed by subordinate officer.
Appeal will lie do:-
1. Commissioner/Secretary,
revenue order if passed by
Collector
2. Collector, if the order passed
by the SDM
3. SDM, if the order passed by
an officer subordinate to
him.
4. Settlement officer, if order
passed by the A.S.O
5. Director of Land Records
and Settlement against order
passed by settlement officer
including orders passed in
cases under sec-11(3) in
exercise of the power of
collector.
10
0
20. 93(2) Hearing of second appeal 1. Commissioner/Secretary,
revenue against order passed
by the Collector/director of
land records and settlement.
2. Director of land records and
settlement against order
passed by settlement officer.
3. Collector against order passed
by SDO and other subordinate
officers.
21. 95 Revision of orders passed by
other subordinate officers
1. settlement officer(during
revisional survey and
before final publication)
2. director of land records and
settlement (after final
publication and before
consignment of records to
sub-divisional magistrate)
3. collector( for cases arising
after consignment of record
toSub-divisional
megistrate)
N.B:- Settlement officer and
director land records &
settlement will dispose of cases
pending with them at the time of
final publication and
consignment of records
respectively)
22. 96 Review of order Revenue officer before
reviewing any order will take
permission from:-
1. Commissioner / secretary,
revenue for any order passed
by collector.
2. Collector for any order
passed by a revenue officer
subordinate to him
3. Director of land records and
settlement for any order
passed by officer of the
settlement directorate.
23. 107 Relinquishment of rights in
respect of any land in favour of
the government
1.Sub-divisional magistrate
2.Deputy collector
24. 107(D)(
1)
Transfer of land within the
second schedule area
1. Sub-Divisional Magistrate
2. Deputy Collector
25. 110 Permission to make
improvement
1. Deputy Collector
2. Assistant Survey Officer
( during revision survey)
10
1
26. 111A To determine the fixed produced
rent
1. Deputy Collector
2. Assistant Survey Officer(
during revision survey)
27. 113 Determination of reasonable rent 1. Deputy Collector
2. Assistant Survey Officer(
during revision survey)
28. 114 Communication of rent payable
in kind
1. Deputy Collector
2. Assistant Survey Officer(
during revision survey)
29. 116A To receive rent from under raiyat
of refusal by the raiyats
1. Deputy Collector
2. Assistant Survey Officer(
during revision survey)
30. 118 Eviction of under raiyat 1.Sub- Divisional Magistrate
2.Settlement Officer(during
revision survey)
31. 120 Declaration of under raiyat as
raiyat of the land
1. Sub- divisional magistrate
2. Settlement Officer(during
revision survey
32. 121 &
122
Determination of compensation
for improvement
1. Deputy Collector
2. Assistant Survey Officer
33. 123 Restoration of possession of land
of bargadar(under raiyat)
Settlement Officer (during
revision survey
34. 127 Determination of compensation
to raiyat
1. Deputy Collector
2. Assistant Survey Officer
35. 130 Issue of certificate of ownership to
under raiyat
1. Deputy Collector
2. Assistant Survey Officer
36. 131 Determination of reasonable price
and issue of certificate of purchase
to under raiyat
Deputy Collector
2.Assistant Survey Officer
37. 143-146 Assessment of compensation
payable to intermediaries
Collector
38. 165 To receive return under section
165
1. Sub-Divisional Magistrate
2. Deputy Collector
3. Settlement Officer ( during
revision survey)
39. 166 Penalty for non submission of
returns
1. Sub-Divisional Magistrate
2. Deputy Collector
3. Settlement Officer ( during
revisional survey)
40. 167 To determine excess land and
publish the list of excess land u/s
167
1.Sub-Divisional Magistrate
2.Deputy Collector
3.Settlement Officer ( during
revisional survey)
41. 169 Excess land to vest in
Government
1.Sub-Divisional Magistrate
2.Deputy Collector
3.Settlement Officer ( during
revisional survey)
42. 170 Hearing of objection against
determination of excess land
Collector
Director Land Records and
Settlement (during revisional
survey)
10
2
43. 171 To determine compensation for
excess land
1.Sub-Divisional Magistrate
2.Settlement Officer ( during
revisional survey)
44. 175 Taking over possession of excess
land
1.Sub-Divisional Magistrate
2.Deputy Collector
3.Settlement Officer ( during
revisional survey)
45. 187(3) Restoration of alienated land to
tribals
1.Sub-Divisional Magistrate
2.Addl.Sub-Divisional
Magistrate
10
3
Published in the
Extraordinary Issue of Tripura Gazette
Agartala, Thursday, March 20, 2014 A. D. Phalguna 29, 1935 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
SECRETARIAT: AGARTALA
No.F.8(7)-Law/Leg-1I2013.
Dated, Agartala, the 20th March, 2014.
The following Act of the Tripura Legislative Assembly received the assent of the Governor
on 20-03-2014 and is hereby published for General Information.
D. M. JAMATIA
L. R. & Secretary, law
Government of Tripura.
10
4
Short title and
commencement
Amendment
of Section 4
THE TRIPURA ACT NO.4 OF 2014
THE TRIPURA LAND REVENUE AND LAND REFORMS
(TENTH AMENDMENT) ACT, 2013
AN ACT
to further amend the Tripura Land Revenue and Land Reforms Act, 1960.
BE it enacted by the Tripura Legislative Assembly in the Sixty-fourth Year of the
Republic of India as follows:-
1. (1) This may be called "The Tripura Land Revenue and Land Reforms (Tenth
Amendment) Act, 2013".
(2) It shall come into force on and from the date of its publication in the official
Gazette.
2. Sub-section (d) of Section 2 of the Tripura Land Revenue and Land
Reforms Act, 1960 (hereinafter referred to as the principal Act), shall be
substituted with the following, namely:-
"District Magistrate & Collector" means the District Magistrate & Collector
of the District and includes any officer appointed. by the State Government to
exercise and perform all or any of the powers and functions of a District
Magistrate & Collector under this Act.
3. Sub-section (1) of section 4 of the Principal Act shall be substituted with
the following :-
"(1). The Government or such other officer, as may be authorized by the
Government in this behalf, may appoint the following classes of revenue officers
namely:-
(a) District Magistrate & Collectors
(b) Director of Land Records & Settlement
(c) Additional District Magistrate & Collectors
(d) Sub-Divisional Magistrates
(e) Addl. Sub-Divisional Magistrates
(f) Survey & Settlement Officers
(g) Deputy Collector & Magistrates
(h) Assistant Survey Officers
(i) Revenue Inspectors
(j) Kanungos
(k) Tehsildars
Explanation: The terms (i) "village accountants", (ii) "assistant survey and
settlement officers", (iii) "circle officers", (iv) "sub-divisional officers", (v) "director
of settlement and land records" and (vi) "collectors" wherever they appear in the
Principal Act, shall be read and construed as (i) "Tehsildars", (ii) "Assistant"
survey Officers", (iii) "Deputy Collector and Magistrates", (iv) "Sub-Divisional
Magistrates", (v) "Director of Land Records & Settlement" and (vi) "District
Magistrate & Collectors" respectively"
2
10
5
1
Amendment
of Section 11
Amendment
of Section 20
Amendment of
Section 178
4. In sub-section (3) of section 11 of the Principal Act, the following proviso
shall be inserted, namely :-
"Provided that, no such disputed claim by any private person, against the
Government can be filed, after expiry of five years from the date of final publication
of the Records-of-Rights by a Revenue Survey Operation carried out u/s 26 of the
Tripura Land Revenue and Land Reforms Act, 1960 or from the date of
commencement of this Act, whichever is later.
Provided further that the District Magistrate & Collector may entertain such
claim after the expiry of the said period of 5 years, if he is satisfied on the
ground, to be recorded in writing, that the applicant was prevented under
extraordinary circumstances, in preferring such claim in time." .
5. (1) In sub-section (4) of Section 20 of the Principal Act, the words "ten
thousand rupees" shall be substituted with the words "fifty thousand rupees". .
(2) In sub-section (5) of section 20 of the Principal Act, the words 'ten
thousand rupees' shall be substituted with the words 'fifty thousand rupees' and
the words 'four hundred rupees' shall be substituted with the words 'one thousand
rupees'.
(3) The explanation given after sub-section (6) of section 20 of the
Principal Act, shall be renumbered as "Explanation -1". Thereafter, a new
explanation shall be added as follows:-
"Explanation-2:- Notwithstanding anything contained in this section, in
case of diversion of water body, natural or manmade, to any other purpose, prior
permission shall be obtained from the competent authority."
6. (1) In sub-section (1) (a) of section 178 of the Principal Act, the words 'or
rubber' shall be omitted and the following proviso shall be added after the
sub-section :
"Provided that no tea garden land shall be used for the purpose of rubber
plantation.”
(2) Under the proviso to sub-section (1)(e) of section 178 of the Principal Act,
the following new proviso shall be inserted, namely :-
"Provided further that, any person intending to establish a tea garden shall have
to apply to the State Government in the same method as provided under
sub-section (1)(a) of section 178 of the Act and the rules made thereunder and
acquire and hold land in excess of the ceiling area applicable in section 164A."
(3) I n sub-section (2) of section 178 of the Principal Act, the words 'clause (d)
of' shall be omitted.
3
10
6
(4) In sub-section (4) of section 178 of the Principal Act, after the words 'such
exemptions', the following words shall be inserted- '
"and all the provisions of this chapter relating to ceiling on land holding will be
applicable."
(5) After sub-section (4) of section 178 of the Principal Act, the following new
sub-section shall be inserted, namely :-
"(5) No land, in respect of which exemption has been granted under sub-section
(1) or (2) or (3) of this section, shall be transferred without prior written approval of
the State Government."
Explanation : For the purpose of this section, "transfer shall have the same
meaning as in Section 168."
D. M. JAMATIA
L.R. & Secretary, law
Government of Tripura.
4
10
7
PUBLISHED IN THE EXTRAORDINARY
ISSUE OF THE TRIPURA GAZETTE, AGARTALA.
Agartala, Tuesday, May 19, 2020 A. D. Vaisakha 29, 1942 S. E.
GOVERNMENT OF TRIPURA
LAW DEPARTMENT
SECRETARIAT: AGARTALA
No.F.8(12) Law/Leg-I/2020/ _____
NOTIFICATION
Dated, Agartala, the 19th May, 2020.
The following Act of the Tripura Legislative Assembly received the assent of
the Governor of Tripura on the 15th of May, 2020 and is hereby published for General
information.
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THE TRIPURA ACT No-11 OF 2020
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THE TRIPURA LAND REVENUE AND LAND REFORMS
(ELEVENTH AMENDMENT)ACT, 2020
AN
ACT
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to further amend the Tripura Land Revenue and Land Reforms Act, 1960.
BE it enacted by the Tripura Legislative Assembly in the Seventy -first year
of the Republic of India as follows:
1. Short title and commencement:
(i) This may be called "The Tripura Land Revenue and Land Reforms
(Eleventh Amendment) Act, 2020".
(ii) It shall come into force on and from the date of its publication in
the Tripura Gazette.
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2. Addition of a new proviso:
Below the provision to sub-section (1) of section 178 of the Tripura land
Revenue-and Land Reforms Act, 1960 the following new proviso shall be
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inserted, namely.
"Provided further that, any land, being used for growing tea or
purpose ancillary to or extension of the cultivation of tea, in respect of
which exemption has been granted, may be allowed to exploit tourism
potential within the land for growing 'tea plantations from any future
date, but the land meant for such tea tourism shall not exceed five
_percent of the total land area, subject to an upper limit of twenty acres.
Civil constructions, only for the purpose of such tea tourism may be
done in such area, which shall not exceed 3.5 acres within the above
limit and the remaining area should be kept open for landscaping and
other beautification work".
t ~" J 'i ( v . l .
(SOPAN CHAUDHURI)
Deputy Secretary, Law
Government of Tripura
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PART II
Amount of gross income Rate
PART V
(a) Name of Tehsils
(b) Name of Village
Name of Tehsil
(b) Name of Village (1)
(b) Name of Village (2)
(b) Name of Village (3)
(a) Name of Tehsils (1)
(b) Name of village
(a) Name of Tehsil
(b) Name of Village (4)
(a) Name of Tehsils (2)
(b) Name of Village (5)
(a) Name of Tehsils (3)
(b) Name of Village (6)
List of mouja/ Revenue/ Village along with Sub-Division District/ Tehasil under 2nd schedule
8th Amendment Act, 2000 Published in the
1. (1) This act may be called the Tripura Land Revenue and Land Reforms (Eight Amendment) Act, 2000.
Published in the
ESTRAORDINARY ISSUE OF TRIPURA GAZETTE
THE TRIPURA LAND REVENUE AND LAND REFORMAS (NINTH AMENDMENT) Act, 2006.
About this act
- Jurisdiction
- Tripura
- Enactment date
- 1960-09-21
- Sections available
- Document reader
India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.