The Manipur Land Revenue and Land Reforms Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 121 Certain lands to be non-resumable land of tenant.
If a landowner fails to--
(a) apply for reservation of any land within the period prescribed in section 101, and the land is not deemed to have been reserved under section 104, or
(b) file a suit or application for the eviction of the tenant from any land reserved under section 102 within the period prescribed in sub-section (4) of section 119, or
(c) cultivate or ceases to cultivate the land and the tenant is restored to possession of the land under section 120,
the competent authority may suo motu and shall, on application, after making such inquiry as may be prescribed, declare the land to be the non-resumable land of the tenant.
(a) apply for reservation of any land within the period prescribed in section 101, and the land is not deemed to have been reserved under section 104, or
(b) file a suit or application for the eviction of the tenant from any land reserved under section 102 within the period prescribed in sub-section (4) of section 119, or
(c) cultivate or ceases to cultivate the land and the tenant is restored to possession of the land under section 120,
the competent authority may suo motu and shall, on application, after making such inquiry as may be prescribed, declare the land to be the non-resumable land of the tenant.
Section 122 Compensation for improvements.
(1) A tenant who has made any improvement at his own expense on the land leased to him shall, if he is to be evicted under the provisions of this Chapter, be entitled to receive compensation before he is so evicted for such improvement as in the opinion of the competent authority, is reasonable.
(2) The compensation payable to a tenant 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 the land has increased by reason of the improvement;
(b) the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect;
(c) the labour and capital involved in the making of the improvement; and
(d) the advantages secured by the tenant in consideration of the improvement made by him.
(3) In any case in which compensation is payable to a tenant under this section, the competent authority may direct that--
(a) the whole or any part of any loan which the tenant has taken on the security of his interest in the land under section 110 and which is outstanding shall be deducted from such compensation and paid to the Government or the co-operative society, as the case may be;
(b) any arrear of rent due by the tenant to the landowner and the costs, if any, awarded to the landowner shall be adjusted against the compensation.
(2) The compensation payable to a tenant 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 the land has increased by reason of the improvement;
(b) the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect;
(c) the labour and capital involved in the making of the improvement; and
(d) the advantages secured by the tenant in consideration of the improvement made by him.
(3) In any case in which compensation is payable to a tenant under this section, the competent authority may direct that--
(a) the whole or any part of any loan which the tenant has taken on the security of his interest in the land under section 110 and which is outstanding shall be deducted from such compensation and paid to the Government or the co-operative society, as the case may be;
(b) any arrear of rent due by the tenant to the landowner and the costs, if any, awarded to the landowner shall be adjusted against the compensation.
Section 123 Tenant may remove buildings, works, etc., not deemed improvements.
A tenant 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 tenant desires to remove, or any building or construction or work (which is not an improvement) in respect of which the landowner is not willing to pay the compensation.
Section 124 Restoration of possession of land in certain other cases.
(1) Where a tenant of any land has, on or after the 6th day of March, 1956, 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 tenant, restore him to possession of the land which he surrendered or from which he was evicted unless some other tenant not being a member of the landowner's family, had bona fide been admitted to possession of such land.
(2) The competent authority shall, before making an order under sub-section (1), make such inquiry as may be prescribed.
(2) The competent authority shall, before making an order under sub-section (1), make such inquiry as may be prescribed.
Section 125 Relief against termination of tenancy for act of waste.
Where a tenancy is sought to be terminated on the ground that the tenant 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 tenant unless and until the landowner has served on the tenant a notice in writing specifying the damage complained of and the tenant has failed within a period of one year from the service of such notice to repair the damage or to pay compensation therefor.
Section 126 Surrender of land by tenant.
(1) After the commencement of this Act, no tenant shall surrender any land held by him as such, and no landowner shall enter upon the land surrendered by the tenant, 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 tenant immediately before the commencement of this Act, the permissible limit of the landowner concerned is not exceeded by such surrender; in other cases, the permission shall be refused.
(3) Where permission is refused in any case, and the tenant gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the tenant who relinquished his rights.
(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 tenant immediately before the commencement of this Act, the permissible limit of the landowner concerned is not exceeded by such surrender; in other cases, the permission shall be refused.
(3) Where permission is refused in any case, and the tenant gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the tenant who relinquished his rights.
Section 127 Transfer of ownership of land to tenant.
(1) Subject to the other provisions of this Act, the ownership of any land which is declared to be the non-resumable land of a tenant under section 105, or section 121 shall stand transferred from the landowner thereof to the tenant with effect from the date of such declaration, and the tenant shall become the owner of such land and be liable to pay land revenue therefor:
Provided that where, on an application made in this behalf by any person at any time before the declaration is made under section 105 or under section 121, the competent authority is satisfied that such person holds land not exceeding a family holding, whether as a landowner or otherwise, and that his income is derived mainly from such land, the competent authority may, by order, provide that the transfer of ownership of the land shall take effect on the expiry of a period of five years from the date of such declaration.
Provided that where, on an application made in this behalf by any person at any time before the declaration is made under section 105 or under section 121, the competent authority is satisfied that such person holds land not exceeding a family holding, whether as a landowner or otherwise, and that his income is derived mainly from such land, the competent authority may, by order, provide that the transfer of ownership of the land shall take effect on the expiry of a period of five years from the date of such declaration.
Section 128 Compensation to landowner.
(1) In respect of every land the ownership of which stands transferred to the tenant under section 127, the landowner shall be entitled to compensation which shall consist of the aggregate of the following amounts, this 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, planned by the landowner.
Explanation.--Where any improvement has been made on the land at the expense of the landowner at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of trees referred to in sub-section (1) shall be determined in the prescribed manner.
(3) Every landowner entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 127, apply to the competent authority in the prescribed manner for determining the compensation.
(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, planned by the landowner.
Explanation.--Where any improvement has been made on the land at the expense of the landowner at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of trees referred to in sub-section (1) shall be determined in the prescribed manner.
(3) Every landowner entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 127, apply to the competent authority in the prescribed manner for determining the compensation.
Section 129 Payment of compensation to landowner.
(1) The compensation to which a landowner is entitled under section 128 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 ten 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 127, the landowner shall be entitled to interest at the rate of 2½ per cent. per annum on the compensation or such portion thereof as remains unpaid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the tenant under section 127 shall be a valid charge on the amount of compensation payable to the landowner.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to compensation under section 128 is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution in the prescribed manner.
(2) From the date of the declaration referred to in section 127, the landowner shall be entitled to interest at the rate of 2½ per cent. per annum on the compensation or such portion thereof as remains unpaid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the tenant under section 127 shall be a valid charge on the amount of compensation payable to the landowner.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to compensation under section 128 is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution in the prescribed manner.
Section 130 Tenant to pay compensation amount.
(1) Every tenant to whom ownership of any land has been transferred under section 127 shall be liable to pay to the Government in respect of that land compensation as determined under section 128.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments not exceeding twenty as may be prescribed. Interest at the rate of 2½ per cent. annum shall be payable on the compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the land.
(4) The compensation or any instalment thereof shall be recoverable in the same manner as an arrear of land revenue.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments not exceeding twenty as may be prescribed. Interest at the rate of 2½ per cent. annum shall be payable on the compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the land.
(4) The compensation or any instalment thereof shall be recoverable in the same manner as an arrear of land revenue.
Section 131 Issue of certificate to tenants.
When the compensation or the first instalment of the compensation, as the case may be, has been paid by the tenant, the competent authority may suo motu and shall, on application made to it in this behalf, issue to the tenant a certificate in the prescribed form declaring him to be the owner of the land specified therein.
Section 132 First option to purchase.
(1) If a landowner at any time intends to sell his land held by a tenant, he shall give notice in writing of his intention to such tenant and offer to sell the land to him. In case the letter intends to purchase the land, he shall intimate in writing his readiness to do so within two months from the date of receipt of such notice.
(2) If there is any dispute about the reasonable price payable for the land, either the landowner or the tenant may apply in writing to the competent authority for determining the reasonable price; and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made.
(3) The tenant shall deposit with the competent authority the amount of the price determined under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the prescribed authority shall issue a certificate in the prescribed form to the tenant declaring him to be the purchaser of the land; the competent authority shall also direct that the reasonable price deposited shall be paid to the landowner.
(5) If the tenant does not exercise the right of purchase in response to the notice given to him by the landowner under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), such tenant shall forfeit his right of purchase, and the landowner shall be entitled to sell such land to any other person.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights of tenant in such land.
(2) If there is any dispute about the reasonable price payable for the land, either the landowner or the tenant may apply in writing to the competent authority for determining the reasonable price; and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made.
(3) The tenant shall deposit with the competent authority the amount of the price determined under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the prescribed authority shall issue a certificate in the prescribed form to the tenant declaring him to be the purchaser of the land; the competent authority shall also direct that the reasonable price deposited shall be paid to the landowner.
(5) If the tenant does not exercise the right of purchase in response to the notice given to him by the landowner under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), such tenant shall forfeit his right of purchase, and the landowner shall be entitled to sell such land to any other person.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights of tenant in such land.
Section 133 Power to make rules.
(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;
(c) the circumstances in which and the period for which land used for agricultural purposes may be left uncultivated;
(d) the conditions subject to which lands may be leased by the deputy commissioner under section 107;
(e) the form of applications to be made under this Part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications;
(f) the determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this Part;
(g) the time and manner of payment of rent by the tenant;
(h) the form of receipt for rent to be given by the landowner;
(i) the factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent;
(j) the nature and the extent of relief to the tenant in cases of suspension or remission of land revenue by the Government;
(k) the determination of compensation for improvements to tenants who are evicted from land;
(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the landowner in respect of the non-resumable lands of tenants;
(n) the form of certificates to be granted to tenants;
(o) the determination of the price to be paid by tenant for land in respect of which the first option to purchase is exercised;
(p) any other matter which is to be or may be prescribed.
(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;
(c) the circumstances in which and the period for which land used for agricultural purposes may be left uncultivated;
(d) the conditions subject to which lands may be leased by the deputy commissioner under section 107;
(e) the form of applications to be made under this Part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications;
(f) the determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this Part;
(g) the time and manner of payment of rent by the tenant;
(h) the form of receipt for rent to be given by the landowner;
(i) the factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent;
(j) the nature and the extent of relief to the tenant in cases of suspension or remission of land revenue by the Government;
(k) the determination of compensation for improvements to tenants who are evicted from land;
(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the landowner in respect of the non-resumable lands of tenants;
(n) the form of certificates to be granted to tenants;
(o) the determination of the price to be paid by tenant for land in respect of which the first option to purchase is exercised;
(p) any other matter which is to be or may be prescribed.
Section 134 Exemption.
The provisions of this Chapter shall not apply to land owned by the Government or a local authority.
Section 135 Definitions.
For the purposes of this Chapter,--
(a) "ceiling limit", in relation to land, means the limit fixed under section 136;
(b) "family", in relation to a person, means the person, the wife or husband, as the case may be, and the dependent children and grandchildren, of such person;
(c) "land" does not include land used for non-agricultural purposes.
(a) "ceiling limit", in relation to land, means the limit fixed under section 136;
(b) "family", in relation to a person, means the person, the wife or husband, as the case may be, and the dependent children and grandchildren, of such person;
(c) "land" does not include land used for non-agricultural purposes.
Section 136 Ceiling on holdings.
No person either by himself, or, if he has a family, together with any other member of his family (hereinafter referred to as the person representing the family) shall, whether as a landowner or as a tenant or as a mortgagee with possession or otherwise, or partly in one capacity and partly in another, hold land in excess of twenty-five acres in the aggregate:
Provided that, where the number of members of the family of such person exceeds five, he may hold five additional acres for each member in excess of five, so however as not to exceed fifty 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 acres.
Provided that, where the number of members of the family of such person exceeds five, he may hold five additional acres for each member in excess of five, so however as not to exceed fifty 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 acres.
Section 137 Submission of returns.
Every person representing a family who at the commencement of this Act holds, or has at any time during the period between the 15th day of January, 1959 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:
Provided that in the case of joint-holding, all co-sharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits which they desire to retain.
Explanation.--In the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be.
Provided that in the case of joint-holding, all co-sharers may submit the return jointly indicating the parcels of land, not exceeding the aggregate of their individual ceiling limits which they desire to retain.
Explanation.--In the case of a person under disability, the return shall be furnished by his guardian or authorised agent, as the case may be.
Section 138 Collection of information through other agency.
If any person who under section 137 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.
Section 139 Procedure for determination of excess land.
(1) On receipt of any return under section 137 or information under section 138 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 140 and section 141 and 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;
(c) the land held by him in excess of the ceiling limit;
(d) whether such excess land is held by him as a landowner or as a tenant or as a mortgage with possession;
(e) the excess land in respect of which the tenant or the mortgagee with possession may acquire the rights of the landowner of the mortgagor, as the case may be;
(f) the excess land which may be restored to a landowner or a mortgagor;
(g) the excess land which shall vest in the Government; and
(h) such other matters as may be prescribed.
(2) For the purposes of determining the excess land under this section, any land transferred at any time during the period between the 15th day of January, 1959 and the commencement of this Act shall, notwithstanding such transfer, be deemed to be held by the transferor.
(3) The competent authority shall prepare a list in the prescribed form containing the particulars determined by it under sub-section (1) and shall cause every such list to be published in the Official Gazette and also in such other manner as may be prescribed.
(a) the total area of land held by each person representing the family;
(b) the specific parcels of land which he may retain;
(c) the land held by him in excess of the ceiling limit;
(d) whether such excess land is held by him as a landowner or as a tenant or as a mortgage with possession;
(e) the excess land in respect of which the tenant or the mortgagee with possession may acquire the rights of the landowner of the mortgagor, as the case may be;
(f) the excess land which may be restored to a landowner or a mortgagor;
(g) the excess land which shall vest in the Government; and
(h) such other matters as may be prescribed.
(2) For the purposes of determining the excess land under this section, any land transferred at any time during the period between the 15th day of January, 1959 and the commencement of this Act shall, notwithstanding such transfer, be deemed to be held by the transferor.
(3) The competent authority shall prepare a list in the prescribed form containing the particulars determined by it under sub-section (1) and shall cause every such list to be published in the Official Gazette and also in such other manner as may be prescribed.
Section 140 Selection of excess land in cases of certain transfers.
(1) Where any person holding land in excess of the ceiling limit at any time during the period between the 15th day of January, 1959, and the 9th 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 139 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--
(a) during the period between the 15th day of January, 1959 and the 9th day of December, 1959, has transferred during such period any part of his land to any other person in any manner other than under a registered deed for valuable consideration, or
(b) during the period between the 9th day of December, 1959 and the commencement of this Act has transferred during such period any part of his land to any other person in any manner whatsoever,
the excess land to be determined under section 139 shall be selected out of the lands held at the commencement of this Act by the transferor and the transferee in the same proportion as the land held by the transferor bears to the land transferred and where no land is held by the transferor, out of the land transferred.
(3) Where excess land is to be selected out of the lands of more than one transferee, such land shall be selected out of the lands held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the lands transferred to all the transferees.
(4) Where any excess land is selected out of the land transferred, the transfer of such land shall be void.
(5) Notwithstanding anything hereinbefore contained, the excess land to be selected shall in no case include the homestead land of a person.
Explanation--For the purpose of this sub-section, "homestead land" means the land on which the homestead (whether used by the owner or let out on rent) stands together with any courtyard, compound and attached garden, not exceeding one acre in the aggregate.
(2) Where any person holding land in excess of the ceiling limit at any time--
(a) during the period between the 15th day of January, 1959 and the 9th day of December, 1959, has transferred during such period any part of his land to any other person in any manner other than under a registered deed for valuable consideration, or
(b) during the period between the 9th day of December, 1959 and the commencement of this Act has transferred during such period any part of his land to any other person in any manner whatsoever,
the excess land to be determined under section 139 shall be selected out of the lands held at the commencement of this Act by the transferor and the transferee in the same proportion as the land held by the transferor bears to the land transferred and where no land is held by the transferor, out of the land transferred.
(3) Where excess land is to be selected out of the lands of more than one transferee, such land shall be selected out of the lands held by each of the transferees in the same proportion as the area of the land transferred to him bears to the total area of the lands transferred to all the transferees.
(4) Where any excess land is selected out of the land transferred, the transfer of such land shall be void.
(5) Notwithstanding anything hereinbefore contained, the excess land to be selected shall in no case include the homestead land of a person.
Explanation--For the purpose of this sub-section, "homestead land" means the land on which the homestead (whether used by the owner or let out on rent) stands together with any courtyard, compound and attached garden, not exceeding one acre in the aggregate.