The Manipur Land Revenue and Land Reforms Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 141 Excess land to vest in Government.
(1) Where any excess land of a landowner is in his actual possession, the excess land shall vest in the Government.
(2) Where any excess land of a landowner is in the possession of a person holding the same as a tenant 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 landowner is in the possession of a person holding the same as a tenant or as a mortgagee and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that person shall acquire the rights of the landowner or of the mortgagor, as the case may be, in respect of such excess land or part thereof on payment of compensation, if any, as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the Government.
(4) Where there is any excess land of a tenant or of a mortgagee with possession, the excess land shall vest in the Government:
Provided that, in any case where the excess land or any part thereof held by a person as landowner or mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that person on an application made by him in this behalf to the competent authority within such time as may be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage in respect of such land shall be deemed to be a simple mortgage.
(2) Where any excess land of a landowner is in the possession of a person holding the same as a tenant 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 landowner is in the possession of a person holding the same as a tenant or as a mortgagee and such person is allowed to retain the excess land or a part thereof as being within his ceiling limit, that person shall acquire the rights of the landowner or of the mortgagor, as the case may be, in respect of such excess land or part thereof on payment of compensation, if any, as hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof shall vest in the Government.
(4) Where there is any excess land of a tenant or of a mortgagee with possession, the excess land shall vest in the Government:
Provided that, in any case where the excess land or any part thereof held by a person as landowner or mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that person on an application made by him in this behalf to the competent authority within such time as may be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage in respect of such land shall be deemed to be a simple mortgage.
Section 142 Publication of the final list and consequences thereof.
(1) Any person aggrieved by an entry in the list published under sub-section (3) of section 139 may, within thirty days from the date of publication thereof in the Official Gazette, file objections thereto before the deputy commissioner.
(2) The deputy commissioner 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 other manner as may be prescribed and subject to the provisions of this Act, the list shall be final.
(4) With effect from the date of publication of the list in the Official Gazette under sub-section (3),--
(a) the excess land shall stand transferred to and vest in the Government free of all encumbrances; or
(b) the possession of the excess land shall stand restored to the landowner or the mortgagor, as the case may be; or
(c) the rights of the landowner or the mortgagor in respect of the excess land shall stand transferred to the tenant or the mortgagee, as the case may be.
(2) The deputy commissioner 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 other manner as may be prescribed and subject to the provisions of this Act, the list shall be final.
(4) With effect from the date of publication of the list in the Official Gazette under sub-section (3),--
(a) the excess land shall stand transferred to and vest in the Government free of all encumbrances; or
(b) the possession of the excess land shall stand restored to the landowner or the mortgagor, as the case may be; or
(c) the rights of the landowner or the mortgagor in respect of the excess land shall stand transferred to the tenant or the mortgagee, as the case may be.
Section 143 Compensation.
(1) Where any excess land of a landowner vests in the Government, there shall be paid by the Government to the landowner 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 a tenant, the compensation payable under sub-section (1) in respect of the land shall be apportioned between the landowner and the tenant in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land.
(3) In addition to the compensation payable in respect of any excess land under sub-section (1), there shall also be paid compensation in respect of any structure of building constructed on such land and any trees planted thereon, and such compensation shall be determined by the competent authority in the prescribed manner, having regard to the market value of any structure or building or the value of such trees, and such compensation shall be paid to the person who has constructed the structure or building or planted the trees.
(4) Where any excess land in respect of which compensation is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer of any excess land is void by virtue of sub-section (4) of section 140, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the compensation payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor.
(5) Where a tenant acquires the rights of a landowner in respect of any excess land, the compensation payable by him in respect of that land shall be equal to the amount which the landowner would have been paid as compensation under sub-section (2) or sub-section (3) if the land had vested in the Government; and the amount shall, in the first instance, be paid to the landowner by the Government and shall be recovered from the tenant in such manner as may be prescribed.
(6) Where a mortgagee in possession acquires the rights of the mortgagor in respect of any excess land under sub-section (3) of section 141, the compensation payable by the mortgagee in respect of that land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage debt against the market value of such excess land.
(7) Where any excess land of a religious or charitable institution vests in the Government, such institution shall, in lieu of compensation payable under sub-section (1) or sub-section (2) or sub-section (3), be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner.
(8) The competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount of compensation payable to any person under this section.
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 a tenant, the compensation payable under sub-section (1) in respect of the land shall be apportioned between the landowner and the tenant in such proportion as may be determined by the competent authority in the prescribed manner, having regard to their respective shares in the net income from such land.
(3) In addition to the compensation payable in respect of any excess land under sub-section (1), there shall also be paid compensation in respect of any structure of building constructed on such land and any trees planted thereon, and such compensation shall be determined by the competent authority in the prescribed manner, having regard to the market value of any structure or building or the value of such trees, and such compensation shall be paid to the person who has constructed the structure or building or planted the trees.
(4) Where any excess land in respect of which compensation is payable is subject to any mortgage or other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess land, or where a transfer of any excess land is void by virtue of sub-section (4) of section 140, the consideration money paid by the transferee in respect of such excess land, shall be a charge on the compensation payable in respect of the excess land to the person who has created the mortgage or encumbrance or, as the case may be, to the transferor.
(5) Where a tenant acquires the rights of a landowner in respect of any excess land, the compensation payable by him in respect of that land shall be equal to the amount which the landowner would have been paid as compensation under sub-section (2) or sub-section (3) if the land had vested in the Government; and the amount shall, in the first instance, be paid to the landowner by the Government and shall be recovered from the tenant in such manner as may be prescribed.
(6) Where a mortgagee in possession acquires the rights of the mortgagor in respect of any excess land under sub-section (3) of section 141, the compensation payable by the mortgagee in respect of that land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage debt against the market value of such excess land.
(7) Where any excess land of a religious or charitable institution vests in the Government, such institution shall, in lieu of compensation payable under sub-section (1) or sub-section (2) or sub-section (3), be paid an annuity equal to the net annual income of the excess land and such net annual income shall be determined by the competent authority in the prescribed manner.
(8) The competent authority shall, after holding an inquiry in the prescribed manner, make an order determining the amount of compensation payable to any person under this section.
Section 144 Manner of payment of compensation.
(1) The compensation payable under section 143 shall be due from the date of publication of the list under sub-section (3) of section 142 and may 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 of compensation or where the compensation is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the date on which it falls due.
(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 of compensation or where the compensation is paid either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the date on which it falls due.
Section 145 Limit of future acquisition of load.
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 provisions of section 139 to 144 shall, as far as may be, apply to such excess land.
Section 146 Excess land not to be surrendered in certain cases.
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 a decrease in the number of members of the family.
Section 147 Power of deputy commissioner to take possession of excess land.
After the publication of the list of excess lands under sub-section (3), of section 142, and after demarcation in the prescribed manner of such lands where necessary, the deputy commissioner may take possession of any excess land and may use or cause to be used such force as may be necessary for the purpose.
Section 148 Offences and penalties.
(1) Whoever being bound to submit a return under section 137 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.
(2) Whoever contravenes any lawful order made under this Chapter or otherwise obstructs any person from lawfully taking possession of any land shall be punishable with fine which may extend to one thousand rupees.
(2) Whoever contravenes any lawful order made under this Chapter or otherwise obstructs any person from lawfully taking possession of any land shall be punishable with fine which may extend to one thousand rupees.
Section 149 Finality of orders.
Subject to the provisions of this Act, every order made under this Chapter shall be final.
Section 150 Power to exempt, etc.
(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 136--
(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) any specialised farm which is being used for cattle breeding, dairy or wool raising;
(d) any person who holds a compact block land exceeding the ceiling limit which
(i) is being used as an orchard from before the 1st day of January, 1958, or
(ii) is being used as a farm in which heavy investment or permanent structural improvements have been made and which, in the opinion of the Administrator, is being so efficiently managed that its break up is likely to bring a fall in production:
Provided that where such person holds the compact block of land together with any other land, he shall be permitted to elect to retain either the compact block of land, notwithstanding that it exceeds the ceiling limit, or the other land not exceeding the ceiling limit;
(e) any land which is being held by a co-operative society, provided that where a member of any such society holds a share in such land, his share shall be taken into account in determining his ceiling limit:
Provided that the Administrator may entertain the application after the expiry of the said period of three months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time.
(2) Where any land in respect of which exemption has been granted to a person under clause (a) of sub-section (1) is transferred to another person, the Administrator may, on an application made to him within three months from the date of the transfer, exempt the transferee from the operation of section 136 and section 145 and the provisions of the said clause shall, as far as may be, apply to the grant of such exemption.
(3) Where the Administrator is of opinion that the use of land for any specified purpose is expedient or necessary in the public interest, he may, by notification in the Official Gazette, make a declaration to that effect and on the issue of such notification, any person may, notwithstanding anything contained in section 145 acquire land in excess of the ceiling limit for being used for such specified purpose and such person shall, within one month form the date of such acquisition, send intimation thereof to the competent authority.
(4) Where any land in respect of which exemption has been granted under sub-section (1) or sub-section (2) or sub-section (3) ceases to be used, or is not, within the prescribed time, used, for the purpose for which exemption had been granted, the Administrator may, after giving the persons affected an opportunity of being heard, withdraw such exemption.
(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) any specialised farm which is being used for cattle breeding, dairy or wool raising;
(d) any person who holds a compact block land exceeding the ceiling limit which
(i) is being used as an orchard from before the 1st day of January, 1958, or
(ii) is being used as a farm in which heavy investment or permanent structural improvements have been made and which, in the opinion of the Administrator, is being so efficiently managed that its break up is likely to bring a fall in production:
Provided that where such person holds the compact block of land together with any other land, he shall be permitted to elect to retain either the compact block of land, notwithstanding that it exceeds the ceiling limit, or the other land not exceeding the ceiling limit;
(e) any land which is being held by a co-operative society, provided that where a member of any such society holds a share in such land, his share shall be taken into account in determining his ceiling limit:
Provided that the Administrator may entertain the application after the expiry of the said period of three months, if he is satisfied that the applicant was prevented by sufficient cause from making the application in time.
(2) Where any land in respect of which exemption has been granted to a person under clause (a) of sub-section (1) is transferred to another person, the Administrator may, on an application made to him within three months from the date of the transfer, exempt the transferee from the operation of section 136 and section 145 and the provisions of the said clause shall, as far as may be, apply to the grant of such exemption.
(3) Where the Administrator is of opinion that the use of land for any specified purpose is expedient or necessary in the public interest, he may, by notification in the Official Gazette, make a declaration to that effect and on the issue of such notification, any person may, notwithstanding anything contained in section 145 acquire land in excess of the ceiling limit for being used for such specified purpose and such person shall, within one month form the date of such acquisition, send intimation thereof to the competent authority.
(4) Where any land in respect of which exemption has been granted under sub-section (1) or sub-section (2) or sub-section (3) ceases to be used, or is not, within the prescribed time, used, for the purpose for which exemption had been granted, the Administrator may, after giving the persons affected an opportunity of being heard, withdraw such exemption.
Section 151 Definitions.
For the purposes of this Chapter,--
(a) "holding" means the aggregate area of land held by a person as a landowner;
(b) "fragment" means a holding of less than two and a half acres in area;
(c) "land" has the same meaning as in Chapter XI.
(a) "holding" means the aggregate area of land held by a person as a landowner;
(b) "fragment" means a holding of less than two and a half acres in area;
(c) "land" has the same meaning as in Chapter XI.
Section 152 Restrictions on transfer, etc.
(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 and a half acres, or
(ii) the total area held by the lessee exceeds the limit of a family holding.
(3) No fragment shall be transferred to a person who does not have some land under personal cultivation, or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit of a family holding.
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 and a half acres, or
(ii) the total area held by the lessee exceeds the limit of a family holding.
(3) No fragment shall be transferred to a person who does not have some land under personal cultivation, or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit of a family holding.
Section 153 Partition of holding.
(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 and a half acres or more or in fragments so as to create holdings of two and a half 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.
(4) Whenever a holding is put up for sale under sub-section (3), a co-sharer shall have the first option to purchase the holding at the highest bid; if there are two or more co-sharers claiming the first option, that co-sharer who offers the highest consideration shall be preferred.
(2) A fragment shall not be partitioned unless as a result of such partition its portions get merged in holdings of two and a half acres or more or in fragments so as to create holdings of two and a half 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.
(4) Whenever a holding is put up for sale under sub-section (3), a co-sharer shall have the first option to purchase the holding at the highest bid; if there are two or more co-sharers claiming the first option, that co-sharer who offers the highest consideration shall be preferred.
Section 154 Transfers in contravention of this Chapter.
(1) Any transfer, partition or lease of land made in contravention of the provisions of this Chapter shall be void.
(2) No document of transfer, partition or lease 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 shall come to hold thereafter.
(3) No registering authority shall register under the Indian Registration Act, 1908 (16 of 1908), any document of transfer, partition or lease of land if, from the declarations made under sub-section (2), it appears that the transaction has been effected in contravention of the provisions of this Chapter.
(2) No document of transfer, partition or lease 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 shall come to hold thereafter.
(3) No registering authority shall register under the Indian Registration Act, 1908 (16 of 1908), any document of transfer, partition or lease of land if, from the declarations made under sub-section (2), it appears that the transaction has been effected in contravention of the provisions of this Chapter.
Section 155 Penalty.
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 extend to one hundred rupees.
Section 156 Power to make rules.
(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 137 may be submitted;
(b) the agency through which information may be collected under section 138;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section (1) of section 139 and the manner of determination of excess lands under this Part;
(e) the form in which a list under sub-section (3) of section 139 or sub-section (3) of section 142 may be prepared and the manner of publication of such list;
(f) the period within which an application for registration of excess land may be made under the proviso to sub-section (4) of section 141;
(g) the manner of apportionment of compensation between the landowner and the tenant under sub-section (2) of section 143;
(h) the manner of assessment of the market value of any structure of building or trees under sub-section (3) of section 143;
(i) the manner of recovery of the compensation payable the tenant under sub-section (5) of section 143;
(j) the manner of determining under sub-section (6) of section 143 the market value of any excess land over which a mortgagee in possession acquires the rights of the mortgagor;
(k) the manner of determination of the net annual income of any excess land for the purpose of payment of compensation under section 143;
(l) the manner of payment of compensation including the number of instalments in which the compensation may be paid or recovered and the period within which bonds may be redeemed;
(m) the manner of demarcation of any excess land under section 147;
(n) the matters which may be determined by the Administrator in granting an exemption under section 150 including the form in which applications and intimations may be made or given, under section 150;
(o) the from of declarations under section 154;
(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 all or any of the following matters, namely:--
(a) the form in which and the period within which a return under section 137 may be submitted;
(b) the agency through which information may be collected under section 138;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section (1) of section 139 and the manner of determination of excess lands under this Part;
(e) the form in which a list under sub-section (3) of section 139 or sub-section (3) of section 142 may be prepared and the manner of publication of such list;
(f) the period within which an application for registration of excess land may be made under the proviso to sub-section (4) of section 141;
(g) the manner of apportionment of compensation between the landowner and the tenant under sub-section (2) of section 143;
(h) the manner of assessment of the market value of any structure of building or trees under sub-section (3) of section 143;
(i) the manner of recovery of the compensation payable the tenant under sub-section (5) of section 143;
(j) the manner of determining under sub-section (6) of section 143 the market value of any excess land over which a mortgagee in possession acquires the rights of the mortgagor;
(k) the manner of determination of the net annual income of any excess land for the purpose of payment of compensation under section 143;
(l) the manner of payment of compensation including the number of instalments in which the compensation may be paid or recovered and the period within which bonds may be redeemed;
(m) the manner of demarcation of any excess land under section 147;
(n) the matters which may be determined by the Administrator in granting an exemption under section 150 including the form in which applications and intimations may be made or given, under section 150;
(o) the from of declarations under section 154;
(p) any other matter which is to be or may be prescribed.
Section 157 Recovery of amounts due as an arrear of and revenue.
Without prejudice to any other provision of this Act, any amount due to the Government, whether by way of costs, penalty or otherwise, and any other amount which is ordered to be paid to or recovered by the Government, under this Act shall be recoverable in the same manner as an arrear of land revenue.
Section 158 Special provision regarding Scheduled Tribes.
No transfer of land by a person who is a member of the Scheduled Tribes shall be valid unless--
(a) the transfer is to another member of the Scheduled Tribes; or
(b) where the transfer is to a person who is not a member of any such tribe, it is made with the previous permission in writing of the deputy commissioner; or
(c) the transfer is by way of mortgage to a co-operative society.
(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 deputy commissioner; or
(c) the transfer is by way of mortgage to a co-operative society.
Section 159 Jurisdiction of civil courts excluded.
No suit or other proceedings shall, unless otherwise expressly provided for in this Act or in any other law for the time being in force, lie or be instituted in any civil court with respect to any matter arising under the 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.
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.
Section 160 Act to over-ride contract and other laws.
Save as otherwise provided, the provisions of this Act shall have effect notwithstanding anything to the contrary contained as any other law, custom or usage or agreement or decree or order of court.