TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
No. 43 Of 1960 [ An Act to consolidate and amend the law relating to land revenue in the Union (1) This Act may be called the Tripura Land Revenue and Land Reforms Act, 1960 . (2) It extends to the whole of the Union In this Act, unless the context otherwise requires,- (a) " Administrator" means the Administrator of the Union (1) The Administrator may, with the previous concurrence of the Government, by notification in the Official Gazette, divide the Union territory 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). The Government or such other officer as may be authorised by the Government in this behalf may appoint the following classes of revenue officers, namely:- (a) Collector, (b) director of settlement and land records, (c) - sub- divisional officers, (d) survey and settlement officers, (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 The officers specified in items (b), (d) and (e) of section shall have power to take cognizance of all matters connected wit the survey of land and the settlement of the revenue- rates and the preparation. and maintenance of land records and other register 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 Administrator published in the Official Gazette. All revenue officers shall be subordinate to the Administrator and all revenue officers in the district or a sub- division shall be subordinate to the Collector or the sub- divisional officer, as the case may be. It shall be lawful for the Administrator 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. All appointments made under this Chapter except appointments of revenue inspectors, tehsildars and village accountants and other village officers land servants shall be notified in the Official Gazette. The Administrator 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. CHAP LAND AND (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 Government, and it shall have all the powers neces- sary for the proper enjoyment of such rights. (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 s 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. (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 Administrator 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 (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 therefrom 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: 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 (1) All lands, to whatever purpose applied, are liable to payment of land revenue to the Government. (2) The Administrator 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. All alluvial lands, newly formed islands, or abandoned river beds, which vest under any law for the time being in force in any holder of land shall be subject in respect of liability to land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands or river beds unless the area of the same exceeds one acre. Every holder of land paying land revenue in respect thereof shall be entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any portion thereof, not being less than one acre in extent, is lost by diluvion. (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 or commercial purposes; (c) as sites for dwelling houses; (d) for any other purpose. (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 autho- rity 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). The Administrator 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. (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 persons liable to pay land reve- nue under sub- section ( 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. CHAP SURVEY AND SETTLEMENT OF LAND REVENUE CHAPTER IV.- SURVEY AND SETTLEMENT OF LAND REVENUE 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". (1) As soon as may be after the commencement of this Act, the Administrator 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. (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; Whenever the Administrator thinks it expedient so to do, he may, with the approval of the Government, 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. 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 lands surveyed, for collection as land revenue due on such lands. 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) recognise the existing villages and survey numbers, reconstitute them or form new survey numbers. The survey officer may sub- divide survey numbers into as many sub- divisions as may be required in the manner prescribed The Administrator 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. 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 Administrator. 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 mortgages and in the case of non- agricultural land, to the value of the land for the. purpose for which it is held. (1) The settlement officer shall prepare a table of revenuerates in the prescribed form and publish it in the prescribed manner for the prescribed period. (2) Any person objecting to any 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- rates to the Administrator together with a summary of objections, if any, his decisions on such objections an (1) The Administrator may confirm the table of revenuerates submitted to him by the settlement officer with such modifications, if any, as be may consider necessary. The table of revenue- rates published under section 34 shall be incorporated in and form part of the settlement register of the village. 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. (1) When the table of revenue- rates for any area has been finallay published, the rates specified therein shall remain in force for a period of thirty years. (2) Notwithstanding anything contained in subsection (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; (b) whe (1) The settlement. officer shall 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 shall be calculated in accordance with rules made in this behalf and Notwithstanding anything contained in this Chapter, the Administrator 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 dame into force and not effected by or at the expense of the holder of the land. 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. (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 Administrator 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 miscalcu- lation: Provided that no arrears of land revenue shall become payable by reason of such correction CHAP LAND RECORDS CHAPTER V.- LAND RECORDS 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. (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 therefrom. (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, The civil courts shall have jurisdiction to decide any dispute to which the Government is not a party relating to any right or entry which is recorded in the record of rights. The survey officer may, on application made to him in this behalf or on his own motion, within one year from the date of final publication of the record of, rights, correct any entry in such record which he is satisfied has been made owing to a bona fide mistake. (1) There shall be maintained for every village a register of mutations in such form as may be prescribed. (2) 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. The Collector may, if he is of opinion that any person has wilfully neglected to make the report required by section 46 within the prescribed period, impose on such person a penalty not exceeding twenty- five rupees. (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 powers 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 maps or plans and all expenses incidental thereto, and such costs and expense shall be recoverable in the same manner as an arrear of land revenue. Certified copies of entries in the record of rights may be granted by such officers and on payment of such fees as may be prescribed. 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 therefrom or Certified copies thereof may be given to all persons applying for the same. When a local area is under settlement, the duty of maintaining the maps and records may, under the orders of the Administrator, be transferred from the Collector to the settlement officer. CHAP BOUNDARIES AND BOUNDARY MARKS CHAPTER VI.- BOUNDARIES AND BOUNDARY MARKS The boundaries of villages, survey numbers, sub- divisions and fields shall be fix 4d, and all disputes relating thereto shall be determined, by survey officers or by such other officers as may be appointed by the Administrator for the purpose, in accordance with the rules made in this behalf. (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. (2) Where a boundary has been so fixed, the Collector may at any time summarily evict any landholder who is wrongfully in pos It shall be lawful for any survey officer authorised in this behalf to specify, or pause to be constructed, laid out, maintained or repaired, boundary marks of villages or survey numbers or subdivisions and to assess all charges incurred thereby on the holders or others having an interest therein. 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. Every landholder shall be responsible for the maintenance an 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. 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. Any person wilfully erasing, removing or injuring a boundary mark shall be liable to such penalty not exceeding fifty rupees as the competent authority may impose. CHAP REALISATION OF LAND REVENUE MO OTHER PUBLIC DEMANDS CHAPTER VII.- REALISATION OF LAND REVENUE MO OTHER PUBLIC DEMANDS Land revenue assessed on any land shall be the first charge on that land and on the crops, rents and profits thereof. Land revenue shall be payable at such times, in such instalments, to such persons, and at such places, as may be prescribed. (1) Any instalment 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. (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. (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. (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, be 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. (1) 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 proclamations, 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. 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. 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. Perishable articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale. Every sale of property, movable or immovable, under the provisions of this Chapter shall, as far 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. In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25 per cent. of the amount of his bid, and the balance within fifteen days of the date of sale. (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 therefrom the expenses of the sale shall be forfeited to the Govern- ment and the property shall be re- sold. 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 or fraud resulting in substantial loss or injury to him, or If, on 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 therefor has been made. (1) The Collector shall order the refund and payment to me 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. When a, sale held under this Chapter is confirmed, he Collector shall put, the person declared to, be the purchaser in possession of the property and shall grant him a certificate in the prescribed. The proceeds of the sale of any property- under this Chapter shall be applied in defraying the expenses 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. 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 the land for any period prior to the date of the sale. 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. 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; 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 headquarters of the district to which he is appointed. 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. (1) The Administrator 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. (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. 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 bailable warrant of arrest; (b) order him to furnish security for appearance; or (2) If any party to a case or proceeding before a revenue officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or may be dismissed for default. 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. 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 used such force as may be reasonably necessary for securing compliance with the order. All appearances before, applications 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. 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, 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. (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 Admi- nistrator; (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. The Administrator or the Collector may, at any time, either on his own motion, or on the application of any party, can 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 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. (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 Administrator. (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 th (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 such 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 of execution of the order appealed from or under revision for such period as it may think fit. (1) The Administrator 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 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; (1) For the removal of doubts, it is hereby declared that subject to the other provisions of this Act,- (a) the rights of a raiyat in his land shall be permanent, heritable and transferable; (b) the raiyat shall be entitled by himself, his servants, under- raiyats, 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; (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. (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 requiring 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 h (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, 25 standard acres; (b) in the case of any other person who- (i) owns a basic holding or less, the entire area own by him; (ii) owns more th In the case of a raiyat who at the commencement of this Act does not own land in excess of a basic holding, all lands 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 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. (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. (2) Every lease of land made after the commencement of this Act shall be for a period of five years and at the end of the said period, and thereafter at the end of every such period of five years, the tenancy shall, subject to the provisions of sub- section (3), be deemed to be renewed for a further period of five years on the same terms and conditions except to the extent that a modification thereof consistent with this Act is agreed to by both parties. (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. (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. 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 or a co- operative society in consideration of any loan advanced to him by the Government or such society; and in the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the Government or the society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds applied in payment of such loan. 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 land held by him, but shall not become liable to 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. The rent payable by an under- raiyat 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; (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. (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; (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- Every raiyat shall give or cause to be given a receipt for the rent received by him or on his behalf in such from as may be prescribed duly signed by him or his authorised agent. 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. (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. (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- Where a person who has taken possession of any land by evicting an under- raiyat therefrom 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 thereof 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. 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. 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 reserved under section 101 within the period prescribed in sub- section (3) of section 118, or (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 matters, namely: (a) the amount by which the value of th 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 competent authority any work of improvement which can be severed 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) Where an under- raiyat of any land has, on or after the 10th August, 1957 , surrendered, 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, suo motu or on application made by the underraiyat, restore him to possession of the land which he surrendered or from which he was evicted unless some other under- raiyat, not being a member of the raiyat s family, had bona fide been admitted to possession of such land. Where a tenancy is sought to be terminated on the ground that the underraiyat 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 therefor. (1) After the commencement of this Act, no under- raiyat shall surrender any land held by him as such, and no raiyat shall enter upon the land surrendered by the underraiyat, without the previous permission in writing of the competent authority. (2) Such permission shall be granted if, after making such Inquiry as may be prescribed, the competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a person who was holding the land as under- raiyat immediately before the commencement of this Act, the permissible limit of the raiyat concerned is not exceeded by such surrender; in other cases,, the permission shall be refused. (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 concessional rate, thirty times the amount of land revenue payable for similar lands in the locality; (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 raiy (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 instalments 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 2 12 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 th (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 instalments, not exceeding twenty as may prescribed. Interest at the rate of 2 12 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. (1) If a raiyat at any time intends to sell his land held an under- raiyat, he shall give notice in writing of his intention such under- raiyat and offer to sell the land to him. In case th latter intends to purchase the land, he shall intimate in writing hi 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 (1) The Administrator 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 notices to be issued under this Part and the manner of their service; (b) the manner of holding inquiries under 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 outhouse and includes any outbuildings used for purposes connected with agriculture and any family graveyard, library, office, guest house, gr (1) As soon as may be after the commencement of this Act, the Administrator may, by notification in the Official Gazette, declare that, with effect from the date specified in the notification (hereinafter referred to as 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. (2) Every notification under sub- section (1) shall also be published in such other as may be prescribed. (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. bazars, ferries, forests, wastelands, abadi sites, fisheries, tolls and other interests; (ii) rights i (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 lands appurtenant thereto in the occupation of the intermediary other than buildings vested in the Government under section 135; (b) lands under the personal cultivation of the intermediary; (c) lands in which permanen (1) The Collector shall take charge of estates and interests of intermediaries vest in the Government under section 135. (2) For the purpose aforesaid, the Collector may, by written order served in the prescribed manner, require any intermediary 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) or to deliver by that date any documents, registers, or records, connected with the management of such estate or interest which are in his custody or to furnish a statement in the prescribed form in respect of such estate or interest. 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. 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. 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 therefor compensation as hereinafter provided. 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 21 2 per cent. per annum. (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 therein jointly, the share of each intermediary in such estate or interest hall 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; The Administrator shall, as 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. (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 par- ticulars 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 su (1) For the purpose of assessment of compensation payable in respect of an estate,- (a) the gross income from 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 pre- vious year, including the commuted value of rents payable in kind which value shall be determined in the prescribed manner.; (1) The compensation payable to an intermediary shall 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 estates, in accordance with the following table, namely:- Amount of- net income Total compensation payable (a) Where the net income Fifteen times such net income. does not exceed Rs. 1, 000. (b) Where the net income Twelve times such net income exceeds Rs. 1, 000 but does or the maximum amount not exceed Rs. 2, 500. under (a) above, whichever is greater. (1) The Administrator 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 thereunder. (2) Every creditor referred to in sub- section (1) shall prefer his claim in writing before the claims officer In the manner and with- in the time prescribed. (3) The claims officer shall inquire Into the claims in accord- ance with such rules as may be prescribed a (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. (1) After the amount of compensation has been determined in accordance with the provision s 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 therefrom. The compensation officer shall dispose of such objections in the. prescribed manner. (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 court of the Judicial Commissioner, 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 . (5 of 1908 ). (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 clause 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 151 and 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 (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 bona fide 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 application of the person interested, but no such correction shall be made while any legal proceeding affecting such entry is pending. (3) Every time a, correction is made under- sub- section, (2) th 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; (1) After the compensation assessment roll has been, final 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;-- (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 of (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 nay, 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 com- pensation officer shall direct the applicant to file, within three months, a suit or other proceeding in the court having jurisdiction to est 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 entitled to hold and enjoy such interest if it had not vested in the Government; and such cash, bonds and securities shall remain so deposited until they are made over to any person or persons becoming absolut 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 , (5 of 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 (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 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 conv 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. (1) The Administrator 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 prejudice to the generality of the foregoing power such rules may provide for- (a) the manner of publication of a notification under section 134; (b) the procedure to be followed and the forms to be adopted in inquiries and proceedings under this Part; The provisions of this Chapter shall not apply to land owned by the Government or a local authority. (a) " ceiling limit", in relation to land, means the limit fixed under section 164; (b) " family" relation to a person, means the person, the wife or husband, as the ease may be, and, the dependent children and grand- children, of such person; No person dither by himself or, If he has a family, together with any other member of his family (hereinafter referred to as the, person representing the family) shall, whether as a raiyat or an under- raiyat or as a mortgagee with possession or otherwise, or partly in one capacity and partly in another, hold land in excess of twenty- five standard acres in the aggregate: Provided that where the number of members of the family of such person- exceed five, he may hold five additional standard acres for each member in excess of five, so however as not to, exceed fifty standard acres in the aggregate. Explanation.- In the case of a company, an association or any other body of individuals, the ceiling limit shall be twenty- five standard acres. Every person representing a family who at the commencement of this Act holds, or has at any time during the period between the 10th day of August, 1957 and such commencement held, land In excess of the ceiling limit shall submit to the competent authority, in such form and within such time as may be prescribed, a return giving the particulars of all land held by him and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain; If any person, who under section 165 is required to submit a return, fails to do so, the competent authority may collect the necessary information through such agency as may be prescribed. (1) On- receipt of any return under section 165 or Information under section 166 or otherwise, 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 section 168 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 representing the family; (b) the specific parcels of land which he may retain; (1) Where any person holding land in excess of the ceiling limit at any time during the period between the 10th day of August, 1957 and the 2nd day of December, 1959 , has transferred during such period any part of his land to any other person under a registered deed for valuable consideration, the excess land to be determined under section 167 shall, to the extent possible, be selected out of the land held at the commencement of this Act by the transferor in excess of a family holding and no land shall be selected out of the land transferred. (2) Where any person holding land in excess of the ceiling limit at any time- (1) Where any excess land of a raiyat is in his actual possession, the excess land shall vest in the Government. 346 M of Law- 76. (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 mortgagee 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 an under- raiyat or as a mortgagee and such person is allowed to retain the excess land or (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 authorised in this behalf by the Administrator 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 ot (1) Where any excess land of a raiyat vests in the Government there shall be paid by the Government to the raiyat compensation, subject to the provisions of sub- section (2), of an amount equal to twenty times the net annual income from such land. Explanation.--- For the purposes 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 (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 instalments, or in bonds. (2) Where the compensation is payable in bonds, the bonds may be made not transferable or transferable by endorsement 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. (3) Where there is any delay In the payment o No person representing a family shall acquire in any manner whatsoever, whether by transfer, exchange, lease, agreement or succession, 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. 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. 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. (1) Whoever being bound to submit a return under section 165 fails to do so, without reasonable cause, within the prescribed time, or submits a return which he knows or has reason to believe to be false, shall be punishable with fine which may extend to one thousand rupees. Subject to the revisions of this Act, every order made under this Chapter shall be final. (1) The Administrator 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 or rubber including lands used or required for use for purposes ancillary to, or for the extension of, the cultivation of tea, coffee or rubber to be determined in the prescribed manner; (b) any sugarcane farm operated by a sugar factory; (c) an (a) " holding" means the aggregate area of land held by person as a raiyat; (b) " fragment" means a holding of less than two standard acres in area; (c) " land" has the same meaning as in Chapter XIII. (1) No portion of a holding shall be transferred by way of sale, exchange, gift, 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. (2) 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 two standard acres, or (ii) the (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 two standard acres or more or in fragments so as to create holdings of two standard acres 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- sharers. (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, by the parties thereto before the competent registering authority under the Indian Registration Act, 1908 , (16 of 1908 .) regarding lands held by each prior to the transaction and the land which each shall come to hold thereafter. 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 extend to one hundred rupees. (1) The Administrator 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 collected under section 166; Without prejudice to any, other provision of this Act, any amount due to the Government, whether by way of costs, penalty (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 Ill to 117 shall, so Far as may be, apply to tenants and sub- tenants as defined in clause (d) of section 133; (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 is bona fide and is made with the previous permission in writing of the competent authority, and the provisions, of sub- section (3) of section 125 shall apply to any case where such permission is refu No transfer of land by a person who is a member 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 any such tribe, it is made with the previous permission in writing of the Collector; or 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: Provided that if in a dispute between parties a question of title is involved, a civil suit may be brought for the adjudication of such question. 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. Notwithstanding anything contained in the Court- fees Act, 1870 , (7 of 1870 ) every application, appeal or other proceeding under this Act shall bear a court- fee stamp of such value as may be prescribed. 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. (45 of 1860 ) With the previous approval of the Government, the Administrator may, by notification in the Official Gazette, exempt any class of lands from all or any of the provisions of this Act. 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. 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; The Administrator 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 exercised subject to such restrictions and conditions as may be specified in the said notification. If any difficulty arises in giving 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 purpose of removing the difficulty Without prejudice to any power to make rules contained elsewhere In this Act, the Administrator may, by notification in the official Gazette, make rules, generally to carry out the purposes of this Act. Every rule made under this Act shall be laid as soon as way be after it, is made before each House of Parliament while it is In session for a total period of thirty days which may be comprised in one session or In two successive sessions, and If before the expiry of the session In which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the 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. (1) On, and from the date on which any of the. provisions of this Act are brought into force in any area in the Union territory of Tripura, the enactments specified In the Schedule, or so much thereof as relate to the matters, covered by the provisions so brought into force repealed In such area. (2) The repeal of any enactment or part thereof by sub- section (1) shall not effect,-- (a) the previous operation of such enactment of anything duly done or suffered S.1 Short Title Extent and Commencement
S.2 Definitions
S.3 Power to create, alter or abolish districts, sub- divisions, etc.
S.4 Appointment of revenue officers
S.5 Collector and certain other revenue officers.
S.6 Settlement officers
S.7 Subordination of revenue officers
S.8 Combination of offices
S.9 Notification of appointments
S.10 Seals
S.12 Right to Trees, Forests, etc
S.13 Assignment of land for special purposes
S.14 Allotment of land
S.15 Unauthorised occupation of land
S.16 Liability of land to land revenue
S.17 Alluvial lands
S.18 Land revenue in case of diluvion
S.19 Assessment of land revenue
S.20 Diversion of land
S.22 Responsibility for payment of land revenue
S.23 Receipt for land revenue
S.24 Definitions of" revenue survey"," settlement" and" term of settlement
S.25 Inquiry into profits of agriculture
S.26 Revenue surrey
S.27 Power to require assistance from landholders
S.28 Survey numbers and villages
S.29 Division of survey numbers into sub- divisions
S.30 Determination of revenue- rates
S.31 Preparation of statistical and fiscal records
S.32 Revenuerates how determined
S.33 Publication of table of revenuerates.
S.34 Confirmation of the table of revenuerates
S.35 Rates of revenue to form part settlement register
S.36 Introduction of revenue rates
S.37 Duration of revenue rates
S.38 Assessment on holdings
S.39 Additional assessment for water advantages
S.40 Continuance of survey operations and rates in force at commencement of Act
S.41 Power of Collector to correct errors, etc
S.42 Preparation of record of rights
S.43 Publication of the record of rights
S.44 Jurisdiction of civil courts to decide disputes
S.45 Correction of bona fide mistake in register
S.46 Register of mutations
S.47 Penalty for neglect to afford information
S.48 Assistance in preparation of maps. Subject to rules made under this Act
S.49 Certified copies
S.50 Maps and other records open to inspection
S.51 Power to transfer duty of maintaining maps and records to settlement officer
S.52 Determination of village boundaries
S.53 Effect of settlement of boundary
S.54 Construction and repair of boundary marks
S.55 Description of boundary marks
S.56 Responsibilities for maintaining boundary marks
S.57 Collector to have charge of boundary marks
S.58 Penalty for injuring boundary marks
S.59 Land revenue to be first charge
S.60 Payment of land revenue
S.61 Arrear of land revenue
S.64 Distraint and sale of movable property
S.65 Sale of immovable property
S.66 Notice of sale
S.67 Sale to be by auction
S.68 Prohibition to bid at auction
S.69 Sale of perishables
S.70 Sales not to be excessive
S.71 Deposit by purchaser of immovable property
S.72 Failure to make deposit
S.73 Setting aside sale
S.74 Confirmation of sale
S.75 Refunds
S.76 Certificate of purchase
S.77 Application of proceeds of sale
S.78 Liability of certified purchaser
S.79 Precautionary measures in certain cases
S.80 Recovery of other public demands
S.82 Place of hearing
S.83 Power to enter upon and survey land
S.84 Power to transfer cases
S.85 Power to take evidence, summon witnesses, etc.
S.86 Compelling attendance of witnesses
S.89 Power to order payment of costs
S.90 Use of force
S.91 Appearances before and applications to revenue officers
S.92 Correction of error or omission
S.93 Appeals
S.94 Limitation of appeals
S.95 Revision
S.96 Review of orders
S.97 Stay of execution of orders
S.98 Power to make rules
S.99 Rights of raiyats
S.101 Procedure for reservation of lands
S.102 Permissible limit defined
S.103 Land deemed to be reserved for personal cultivation in certain cases
S.104 Non-resumable land
S.105 Right to lease
S.107 Relinquishment
S.108 Interest of under- raiyats
S.109 Right to create a mortgage or charge
S.110 Right to make improvements
S.111 Maximum rent
S.112 Payment of rent
S.113 Reasonable rent
S.114 Commutation of rent payable in kind
S.115 Receipt for payment of rent
S.116 Refund of rent recovered in excess
S.117 Suspension or remission of rent
S.118 Eviction of under- raiyat
S.119 Restoration of possession of land to under- raiyat.
S.120 Certain lands to be non- resumable land of under- raiyat
S.122 Underraiyat may remove building, works, etc., not deemed improvements
S.123 Restoration of possession of land in certain other cases
S.124 Relief against termination of tenancy for act of waste
S.125 Surrender of land by underraiyat
S.127 Compensation to raiyat
S.128 Payment of compensation to raiyat
S.129 Under- raiyat to pay compensation amount
S.131 First option to purchase
S.132 Power to make rules
S.134 Notification vesting estates in the State
S.136 Rihgts of intermediary to certain lands
S.137 Collector to take charge of estates, etc., vested in the Government
S.139 Appeal
S.140 Intermediaries entitled to receive compensation
S.141 Date from which compensation shall be due
S.142 Every intermediary to be treated as a separate unit
S.144 Compensation assessment roll
S.145 Determination of gross income and net income
S.147 Disposal of claims of creditors
S.148 Appeal against the decision of claims officer
S.149 Preliminary publication of compensation assessment roll and disposal of objections
S.151 Appeals against order of compensation officer.
S.152 Final publication of the compensation assessment roll
S.153 Correction of bona fide mistakes
S.154 Ad interim payment of compensation
S.156 Compensation due to maintenance holder
S.157 Compensation due to person incompetent to alienate
S.158 Inquiries to be judicial proceedings
S.160 Application of Part III to persons becoming raiyats or under- raiyats under Part IV
S.161 Power to make rules
S.162 Exemptions
S.163 Definitions. For the purposes of this Chapter
S.164 Cellings on holdings
S.165 Submission of returns
S.166 Collection of information through other agency
S.167 Procedure for determination of excess land
S.169 Excess land to vest in Government
S.170 Publication of the final list and consequences thereof
S.171 Compensation
S.172 Manner of payment of compensation
S.173 Limit of future acquisition of land
S.174 Excess land not to be surrendered in certain cases
S.175 Power of Collector to take possession of excess land
S.176 Offences and penalties
S.177 Finality of orders
S.178 Power to exempt, etc.
S.179 Definitions. For the purposes of this Chapter
S.180 Restrictions on transfer, etc.
S.181 Partition of holding
S.183 Penalty
S.184 Power to make rules
S.185 Recovery of amount due as arrear of land revenue
S.186 Protection against eviction or surrender in certain cases
S.187 Special provision regarding Scheduled Tribes
S.188 Jurisdiction of civil courts excluded
S.189 Act to over- ride contracts and other laws
S.190 Court- fees
S.191 Village officers to be public servants
S.192 Power to exempt
S.193 General provision as to penalties
S.194 Protection of action taken in good faith
S.195 Delegation of powers
S.196 Power to remove difficulties
S.197 General power to make rules
S.198 Laying of rules before Parliament. Repeal and savings
S.199 Repeal and savings
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