The Tripura Land Revenue and Land Reforms Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title, extent and commencement.
(1) This Act may be called the Tripura Land Revenue and Land Reforms Act, 1960.
(2) It extends to the whole of the Union territory of Tripura.
(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provisions of this Act.
(2) It extends to the whole of the Union territory of Tripura.
(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provisions of this Act.
Section 2 Definitions.
In this Act, unless the context otherwise requires,
(a) "Administrator" means the Administrator of the Union territory of Tripura;
(b) "agriculture" includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding, grazing and pisciculture;
(c) "basic holding" means land used for agricultural purposes which is equal to two standard acres in area;
(d) "Collector" means the Collector of the district and includes any officer appointed by the Administrator to exercise and perform all or any of the powers and functions of a Collector under this Act;
(e) "commencement of this Act", in relation to any provision, means the date specified in respect of that provision in a notification under sub-section (3) of section 1;
(f) "competent authority", in relation to any provision, means any officer appointed by the Administrator to be the competent authority for the purpose of that provision;
(g) "family" except in Chapter XIII means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a Joint Hindu family, any member of such family;
(h) "family holding" means land used for agricultural purposes which is equal to 6.4 standard acres in area;
(i) "Government" means the Central Government;
(j) "holding" means a parcel of land separately assessed to land revenue;
(k) "improvement", in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the character thereof and includes--
(i) the construction of tanks, wells, water channels and other works for the storage, supply and distribution of water for agricultural purposes or for the use of man and cattle employed in agriculture;
(ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water;
(iii) the preparation of land for irrigation;
(iv) the conversion of one-crop into two-crop land;
(v) the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes;
(vi) the erection on land or in the immediate vicinity thereof otherwise than on the village site, of a building or house for the occupation of the under-raiyat, his family and servants or of a cattle shed, a store-house or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land; and
(vii) the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto as are not of the nature of ordinary repairs;
(l) "minor" means a person who is deemed not to have attained majority under the Indian Majority Act, 1875 (9 of 1875);
(m) "Official Gazette" means the Tripura Gazette;
(n) "pay", "payable" and "payment", used with reference to rent, include "deliver", "deliverable" and "delivery";
(o) "person under disability" means--
(i) a widow;
(ii) a minor;
(iii) a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item (iv) or (v);
(iv) a member of the Armed Forces of the Union;
(v) a person incapable of cultivating land by reason of some physical or mental disability;
(p) "personal cultivation", with its grammatical variations and cognate expressions, means cultivation by a person on his own account--
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by servants or by hired labour on wages, payable in cash or in kind but not as a share of produce, under his personal supervision or the personal supervision of any member of his family;
Explanation I.-- Land shall not be deemed to be cultivated under the personal supervision of a person or a member of his family unless such person or member resides in the village in which the land is situated or in a nearby village situated within a distance to be prescribed, during the major part of the agricultural season;
Explanation II.-- In the case of a person under disability, supervision by a paid employee on behalf of such person shall be deemed to be personal supervision;
(q) "prescribed" means prescribed by rules made under this Act;
(r) "public purpose" includes a purpose connected with allotment of land to cultivators, under-raiyats ejected as a result of resumption, land-less agricultural workers or co-operative farming societies;
(s) "raiyat" means a person who owns land for purposes of agriculture paying land revenue to the Government and includes the successors-in-interest of such person;
(t) "rent" means whatever is lawfully payable, in money or in kind, or partly in money and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include land revenue;
(u) "standard acre" means one acre of "lunga" or "nal" or three acres of "tilla" land;
(v) "under-raiyat" means a person who cultivates or holds the land of a raiyat under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of a raiyat under the system generally known as "bhag", "adhi" or "barga";
(w) "village" means any tract of land which, before the commencement of this Act, was recognised as or was declared to be a village under any law for the time being in force or which may after such commencement be recognised as a village at any settlement or which the Administrator may, by notification in the Official Gazette, declare to be a village;
(x) "year" means the agricultural year commencing on such date as the Administrator may, in the case of any specified area, by notification in the Official Gazette, appoint.
(a) "Administrator" means the Administrator of the Union territory of Tripura;
(b) "agriculture" includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding, grazing and pisciculture;
(c) "basic holding" means land used for agricultural purposes which is equal to two standard acres in area;
(d) "Collector" means the Collector of the district and includes any officer appointed by the Administrator to exercise and perform all or any of the powers and functions of a Collector under this Act;
(e) "commencement of this Act", in relation to any provision, means the date specified in respect of that provision in a notification under sub-section (3) of section 1;
(f) "competent authority", in relation to any provision, means any officer appointed by the Administrator to be the competent authority for the purpose of that provision;
(g) "family" except in Chapter XIII means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a Joint Hindu family, any member of such family;
(h) "family holding" means land used for agricultural purposes which is equal to 6.4 standard acres in area;
(i) "Government" means the Central Government;
(j) "holding" means a parcel of land separately assessed to land revenue;
(k) "improvement", in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the character thereof and includes--
(i) the construction of tanks, wells, water channels and other works for the storage, supply and distribution of water for agricultural purposes or for the use of man and cattle employed in agriculture;
(ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water;
(iii) the preparation of land for irrigation;
(iv) the conversion of one-crop into two-crop land;
(v) the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes;
(vi) the erection on land or in the immediate vicinity thereof otherwise than on the village site, of a building or house for the occupation of the under-raiyat, his family and servants or of a cattle shed, a store-house or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land; and
(vii) the renewal or reconstruction of any of the foregoing works or such alterations therein or additions thereto as are not of the nature of ordinary repairs;
(l) "minor" means a person who is deemed not to have attained majority under the Indian Majority Act, 1875 (9 of 1875);
(m) "Official Gazette" means the Tripura Gazette;
(n) "pay", "payable" and "payment", used with reference to rent, include "deliver", "deliverable" and "delivery";
(o) "person under disability" means--
(i) a widow;
(ii) a minor;
(iii) a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under item (iv) or (v);
(iv) a member of the Armed Forces of the Union;
(v) a person incapable of cultivating land by reason of some physical or mental disability;
(p) "personal cultivation", with its grammatical variations and cognate expressions, means cultivation by a person on his own account--
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by servants or by hired labour on wages, payable in cash or in kind but not as a share of produce, under his personal supervision or the personal supervision of any member of his family;
Explanation I.-- Land shall not be deemed to be cultivated under the personal supervision of a person or a member of his family unless such person or member resides in the village in which the land is situated or in a nearby village situated within a distance to be prescribed, during the major part of the agricultural season;
Explanation II.-- In the case of a person under disability, supervision by a paid employee on behalf of such person shall be deemed to be personal supervision;
(q) "prescribed" means prescribed by rules made under this Act;
(r) "public purpose" includes a purpose connected with allotment of land to cultivators, under-raiyats ejected as a result of resumption, land-less agricultural workers or co-operative farming societies;
(s) "raiyat" means a person who owns land for purposes of agriculture paying land revenue to the Government and includes the successors-in-interest of such person;
(t) "rent" means whatever is lawfully payable, in money or in kind, or partly in money and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include land revenue;
(u) "standard acre" means one acre of "lunga" or "nal" or three acres of "tilla" land;
(v) "under-raiyat" means a person who cultivates or holds the land of a raiyat under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of a raiyat under the system generally known as "bhag", "adhi" or "barga";
(w) "village" means any tract of land which, before the commencement of this Act, was recognised as or was declared to be a village under any law for the time being in force or which may after such commencement be recognised as a village at any settlement or which the Administrator may, by notification in the Official Gazette, declare to be a village;
(x) "year" means the agricultural year commencing on such date as the Administrator may, in the case of any specified area, by notification in the Official Gazette, appoint.
Section 3 Power to create, alter or abolish districts, sub-divisions, etc.
(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).
(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).
Section 4 Appointment of revenue officers.
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,
(e) assistant survey and settlement officers,
(f) circle officers,
(g) revenue inspectors,
(h) tehsildars,
(i) village accountants and such other village officers and servants as may be specified by rules made under this Act.
(a) Collector,
(b) director of settlement and land records,
(c) sub-divisional officers,
(d) survey and settlement officers,
(e) assistant survey and settlement officers,
(f) circle officers,
(g) revenue inspectors,
(h) tehsildars,
(i) village accountants and such other village officers and servants as may be specified by rules made under this Act.
Section 5 Collector and certain other revenue 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 be placed under the charge of a circle officer or a tehsildar, as the case may be.
(4) The duties and powers of the sub-divisional officers, the circle officers and other revenue officers shall be such as may be imposed or conferred on them by or under this Act or any other law in force for the time being or any general or special order of the Administrator published in the Official Gazette.
(2) Each sub-division shall be placed under the charge of a sub-divisional officer.
(3) Each circle or tehsil shall be placed under the charge of a circle officer or a tehsildar, as the case may be.
(4) The duties and powers of the sub-divisional officers, the circle officers and other revenue officers shall be such as may be imposed or conferred on them by or under this Act or any other law in force for the time being or any general or special order of the Administrator published in the Official Gazette.
Section 6 Settlement officers.
The officers specified in items (b), (d) and (e) of section 4 shall have power to take cognizance of all matters connected with the survey of land and the settlement of the revenue-rates and the preparation and maintenance of land records and other registers and shall exercise all such powers and perform all such duties as may be prescribed by or under this Act or by any general or special order of the Administrator published in the Official Gazette.
Section 7 Subordination of revenue officers.
All revenue officers shall be subordinate to the Administrator and all revenue officers in the district or a sub-division shall be sub ordinate to the Collector or the sub-divisional officer, as the case may be.
Section 8 Combination of offices.
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.
Section 9 Notification of appointments.
All appointments made under this Chapter except appointments of revenue inspectors, tehsildars and village accountants and other village officers and servants shall be notified in the Official Gazette.
Section 10 Seals.
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.
Section 11 Title of Government to lands, etc.
(1) All lands, public roads, lanes and paths and bridges, ditches, dikes, and fences on or beside the same, the beds of rivers, streams, nallas, lakes and tanks, and all canals and water courses, and all standing and flowing water, and all rights in or over the same or appertaining thereto, which are not the property of any person, are and are hereby declared to be the property of the Government.
(2) Unless it is otherwise expressly provided in the terms of a grant made by the Government, the right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum shall vest in the Government, and it shall have all the powers necessary for the proper enjoyment of such rights.
(3) Where any property or any right in or over any property is claimed by or on behalf of the Government, or by any person as against the Government and the claim is disputed, such dispute shall be decided by the Collector whose order shall, subject to the provisions of this Act, be final.
(4) Any person aggrieved by an order made under sub-section (3) or in appeal or revision therefrom may institute a civil suit to contest the order within a period of six months from the date of such order and the decision of the civil court shall be binding on the parties.
(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 necessary for the proper enjoyment of such rights.
(3) Where any property or any right in or over any property is claimed by or on behalf of the Government, or by any person as against the Government and the claim is disputed, such dispute shall be decided by the Collector whose order shall, subject to the provisions of this Act, be final.
(4) Any person aggrieved by an order made under sub-section (3) or in appeal or revision therefrom may institute a civil suit to contest the order within a period of six months from the date of such order and the decision of the civil court shall be binding on the parties.
Section 12 Right to trees, forests, etc.
(1) The right to all trees, jungles or other natural products growing on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person, vests in the Government, and such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such manner as may be prescribed, keeping in view the interests of the people in the area with regard to the user of the natural products.
(2) All road side trees which have been planted and reared by or under the orders or at the expense of the Government and all trees which have been planted and reared at the expense of local authorities by the side of any road belonging to the Government vest in the Government.
(2) All road side trees which have been planted and reared by or under the orders or at the expense of the Government and all trees which have been planted and reared at the expense of local authorities by the side of any road belonging to the Government vest in the Government.
Section 13 Assignment of land for special purposes.
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.
Section 14 Allotment of land.
(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
(b) to entrust the management of any such land or any rights therein to the gram panchayat of the village established under any law for the time being in force.
(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
(b) to entrust the management of any such land or any rights therein to the gram panchayat of the village established under any law for the time being in force.
Section 15 Unauthorised occupation of land.
(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 also be liable by way of penalty to pay a sum which may extend to six times the annual assessment on such land as may be specified by the competent authority and such sum shall be recoverable in the same manner as an arrear of land revenue.
(3) Upon payment of the penalty referred to in sub-section (2), the trespasser shall have the right of tending, gathering and removing any ungathered crops.
Provided that the competent authority may, in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof.
(2) Such trespasser shall also be liable by way of penalty to pay a sum which may extend to six times the annual assessment on such land as may be specified by the competent authority and such sum shall be recoverable in the same manner as an arrear of land revenue.
(3) Upon payment of the penalty referred to in sub-section (2), the trespasser shall have the right of tending, gathering and removing any ungathered crops.
Section 16 Liability of land to land revenue.
(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.
(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.
Section 17 Alluvial lands.
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.
Section 18 Land revenue in case of diluvion.
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.
Section 19 Assessment of land revenue.
(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.
(2) Where, land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed at a different rate in accordance with the rules made under this Act.
(a) for purposes of agriculture;
(b) for industrial or commercial purposes;
(c) as sites for dwelling houses;
(d) for any other purpose.
(2) Where, land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed at a different rate in accordance with the rules made under this Act.
Section 20 Diversion of land.
(1) If any person holding land for any purpose wishes to divert such land or any part thereof to any other purpose except agriculture, he shall apply for permission to the competent authority who may, subject to the provisions of this section and to the rules made under this Act, refuse permission or grant it on such conditions as it may think fit.
(2) Permission to divert may be refused by the competent authority only on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the holder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3).
(3) Conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality.
(4) If any land has been diverted without permission by the holder or by any other person with or without the consent of the holder, the competent authority, on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding one hundred rupees, and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert has been made.
(5) If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the competent authority may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. The competent authority may also impose on such person a penalty not exceeding one hundred rupees for such contravention, and a further penalty not exceeding four rupees for each day during which such contravention continues.
(6) If any person served with a notice under sub-section (5), fails within the period stated in the notice to take the steps ordered by the competent authority under that sub-section, the competent authority may itself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue.
Explanation.-- "Diversion" in this section means using land assessed to one purpose for any other purpose, but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.
(2) Permission to divert may be refused by the competent authority only on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the holder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3).
(3) Conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality.
(4) If any land has been diverted without permission by the holder or by any other person with or without the consent of the holder, the competent authority, on receiving information thereof, may impose on the person responsible for the diversion a penalty not exceeding one hundred rupees, and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert has been made.
(5) If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub-sections, the competent authority may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. The competent authority may also impose on such person a penalty not exceeding one hundred rupees for such contravention, and a further penalty not exceeding four rupees for each day during which such contravention continues.
(6) If any person served with a notice under sub-section (5), fails within the period stated in the notice to take the steps ordered by the competent authority under that sub-section, the competent authority may itself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue.
Explanation.-- "Diversion" in this section means using land assessed to one purpose for any other purpose, but using land for the purpose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.