TRIPURA LAND REVENUE AND LAND REFORMS (ALLOTMENT OF LAND) RULES, 1980

R.1 Short title and commencement

(1) These rules may be called the Tripura Land Revenue and Land Reforms (Allotment of Land) Rules, 1980.

(2) They shall come into force at once.

R.2 Definition

In these rules, unless the context otherwise requires—

(a) Act means the Tripura Land Revenue and Land Reforms Act, 1960 (43 of 1960);

[1] [(aa) agricultural worker means an individual whose main source of livelihood is agricultural labour and land, if any, held or possessed by himself, together with his family and which does not exceed one standard hectare, and includes a landless agricultural worker.]

(b) allottee, when used with reference to land the possession whereof has been taken by the person in whose favour it has been allotted in accordance with these rules includes any person succeeding to the rights of the allottee;

(i) has been personally carrying on jhum cultivation for a period of not less than one year immediately before he applies for allotmen

R.3 Eligibility for allotment of land

No one who is not an Indian National shall be eligible for allotment of land under section 14.

Explanation:- For the purpose of this rule a person shall be deemed to be an Indian National

(a) in the case of a public company as defined in the Companies Act, 1956, only if a majority of the directors of the company are citizens of India and not less than fifty one percent of the share capital thereof is held by persons who are either citizens of India or companies as defined in the said Act;

(b) in the case of a private company as defined in the said Act, only if all the members of the company are citizens of India;

(c) in the case of a firm or other association of individuals, only if all the partners of the firm or members of the association are citizens of India; and

(d) in the case of an individual, only if he is a citizen of India.

R.4 Area of land to be allotted

The area of land to be allotted to any one person under sub-section (1) of section 14 shall ordinarily be-----

(a) in the case of allotment of land for agricultural purposes——

(i) if the allottee is an individual, such area as together with the area of land, if any, already held by the allottee may not exceed one standard hectare;

(ii) if the allottee is a co-operative society, such area as together with the areas of land, if any, already held by the society or its members, may not exceed the area that may be allotted to the society at the rate of one standard hectare for every member; and

[1] [(iii) omitted]

[2] [(b) in case of allotment of land in Nagar Panchayats and the Municipality areas for construction of a dwelling house such area not exceeding 0.024 hectare and elsewhere such area not exceeding 0.08 hectare.]

2. Omitted

R.5 Eligibility and order of preference for allotment of land for agricultural purpose

Collector shall allot land for agricultural purpose only to a person who is economically poor and will cultivate the land by himself and in allotting land adhere to the following order of preference, namely—

(i) a jhumia;

(ii) an under-raiyat who has been evicted from any land on the ground that it is required for personal cultivation of the raiyat and who is landless;

(iii) a landless agricultural worker;

(iv) a landless individual evicted under section 15;

(v) an individual not holding in excess of one standard hectare in area.

R.6 Order of preference for allotment of land for construction of dwelling house

In allotting land for construction of dwelling house the Collector shall follow the following order of preference, namely-----

(i) a jhumia;

(ii) a landless agricultural worker or an artisan ,not owning any house or site for a house;

(iii) an individual evicted under section 15 who does not come in any of the categories mentioned in the foregoing clauses and does not own any house or site for a house;

(iv) any other person not owning any house or site for a house and who intends to build the house for personal habitation.

R.7 Preference to persons belonging to Scheduled Castes, Scheduled Tribes and ex-serviceman

In allotting land to a person belonging to any of the categories mentioned in rules 5 and 6 -—

(i) between persons of the same category, one belonging to any of the Scheduled Tribes, Scheduled Castes and ex-servicemen, shall be preferred in that order; and

(ii) between an individual entitled to a particular preference and a registered co-operative society constituted for the purpose for which the land is to be allotted and consisting exclusively of persons entitled to the same or higher preference, the society shall be preferred.

R.8 Allotments to be made to persons residing within eight kilometres

Notwithstanding anything contained in rules 5 to 7, no allotment under sub-section (1) of section 14 shall ordinarily be made—

(a) in favour of an individual other than a jhumia if he, does not reside within a distance of eight kilometres of the village in which the land is situated:

(b) in favour of a co-operative society, if more than one-half of its members do not reside within a distance of eight kilometres of the village in which the land is situated.

Explanation :- The distance referred to in clauses (a) and (b) shall be reconed by the route normally used from the residence of the person concerned to the village in which the land is allotted.

R.9 Premium payable or allotment of land

(1) An allottee of land for agricultural purposes shall pay premium therefor at thirty times the annual land revenue assessed for the land.

(2) Any person allotted land for construction of a dwelling house shall Pay premium equal to market value of the land.

(3) The premium may be paid in lump sum or in such annual instalments not exceeding twenty as may be specified by the Collector together with interest at two and half

(4) The premium or the first instalment thereof, as the case may be, shall be paid on or before the date of taking possession of the land, each subsequent instalment shall be payable on the same date in the succeeding years.

(5) Any amount payable under this rule shall, if it remains unpaid the due date, be recoverable in the same manner as as arrear of land revenue.

R.10. .

[1] 10. [Notwithstanding anything contained in Rule 9, premium payable by a person belonging to a family that has annual income less than 2.5 times of Poverty Line "income shall be at the rates as specified in the Schedule .

Explanation :- Poverty Line "income for the purpose of this rule shall be notified by the Government time to time.

Provided further that in case allotment of land in excess of the area prescribed in Rule 4 is made on request by such person, full premium as prescribed in Rule 9 shall be payable in respect of excess land allotted,]

4. Substituted by the Tripura Land Revenue and Land Reforms (Allotment of land) (Sixth Amendment) Rules, 1998 w.e.f. 16.9.1998.

R.11 Allotment of land within certain distance of roads and town lands

Notwithstanding anything contained in the foregoing rules —

[1] [(a) no land lying within fifteen metres of the centre line of any public road in a town or within twenty meters of centre line of any main road or within five meters of the centre line of any village road shall be allotted except as an exceptional measure and without prior sanction of the State Government]

(b) no town land shall be allotted without prior sanction of the State Government and except for the purpose of homestead.

Explanation :- For the purpose of this rule, the road specified in Appendix A to these Rules shall be deemed to be main roads.

5. Substituted by the Tripura Land Revenue and Land Reforms (Allotment of land) (5th Amendment) Rules, 1992, w.e.f 30.9.1992.

R.12 Conditions of allotment

(1) Any allotment of land under sub-section (1) of section 14 and in accordance with these rules, shall be further subject to the following conditions and also the condition specified in the allotment order which shall be, as nearly as possible, in the form at Appendix-B:—

(i) The land will be heritable but not alienable without the written consent of the Collector granted on the recommendation of the Advisory Committee that may be set up by the Government:

Provided that the land may be mortgaged to the Government, or a co-operative society or a bank or such institution as may be noticed in the Official Gazette by the State Government from time to time;

(ii) The allottee may surrender the land in the manner specified in the allotment order;

(iii) The allottee shall bring the whole area under cultivation within the time specified in the allotment order;

Notwithstanding anything contained in rule 9 and 1 0 the State Government may by an order in writing suspend or remit payment of premium or any part thereof, if in its opinion the allottee has not sufficient means to make such payment.

R.14 Allotment of land for the purpose of industry or for any purpose of public utility

The allotment of land under sub-section (2) of section 14, shall be subject to the following conditions namely—

(i) the allottee shall be liable to pay a premium equal to the market value of the land:

Provided that the State Government may, by order., exempt any allottee from the payment of the whole or any part of the premium or permit any allottee to pay the premium in such number of annual instalments, not exceeding twenty, as nay be specified therein together with interest at two and half person per annum on the unpaid amount ;

(ii) the allottee shall be liable to pay such land revenue as may be specified in the allotment order:

Provided that the land revenue so specified shall not exceed the land revenue in accordance with section 19 ;

(iii) the land shall be liable to be resumed by the Government if used for a purpose other than that for such

R.15. .

Nothing in these rules shall affect any previous order of allotment passed and any right, privilege, obligation or liability acquired, accrued or incurred under the Tripura Land Revenue and Land Reforms (Allotment of Land) Rules, 1962.

[1] [Provided that the market value of trees or any part thereof, payable to the Government by an allottee under the aforesaid rule, if remained unpaid at the commencement of these rules, shall be deemed to have been remitted].

7. Inserted by the Tripura Land Revenue and Land Reforms (Allotment of land) (Amendment) Rules, 1981, w.e.f. 21.9.1981.

APPENDIX.A .

APPENDIXA’

(See rule 11)

1. Agartala-Simnaroad

2. Agartala-Melaghar-Sonamuraroad

3. Udaipur-Sabroomroad

4. Bagafa-Beloniaroad

5. Bisramganj-Udaipur-Matabariroad

6. Khowai -Teliamuraroad

7. Kailashahar-Kumarghatroad

8. Kamalpur-Ambassaroad

9. Melaghar-Udaipurroad

10. Teliamura-Amarpurroad

11. Kumarghat-Nabihampararoad

12. Agartala-Assam road

13. DharmanagarKailashaharroad

14. Chebri-Khowairoad(T.G.)

15. Udaipur- Amarpur road

16. Agartala-Abhoynagar road

17. Dharmanagar-Approach road

18. Agartala-Air-Field road

APPENDIX B’

(See rule 12)