The Tripura Land Revenue and Land Reforms Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 181 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 standard acres or more or in fragments so as to create holdings of two standard acres or more.
(3) Whenever, in a suit for partition, the court finds that the partition of a holding will result in the creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the same and distribute the proceeds thereof among the co-sharers.
(4) Wherever 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 standard acres or more or in fragments so as to create holdings of two standard acres or more.
(3) Whenever, in a suit for partition, the court finds that the partition of a holding will result in the creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the same and distribute the proceeds thereof among the co-sharers.
(4) Wherever 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 182 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 of land shall be registered unless declarations in writing are made, in such form and manner as may be prescribed, by the parties thereto before the competent registering authority under the Indian Registration Act, 1908 (16 of 1908), regarding lands held by each prior to the transaction and the land which each shall come to hold thereafter.
(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 of land shall be registered unless declarations in writing are made, in such form and manner as may be prescribed, by the parties thereto before the competent registering authority under the Indian Registration Act, 1908 (16 of 1908), regarding lands held by each prior to the transaction and the land which each shall come to hold thereafter.
(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 183 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 may extend to one hundred rupees.
Section 184 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 165 may be submitted;
(b) the agency through which information may be collected under section 166;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section (1) of section 167 and the manner of determination of excess lands under this Part;
(e) the form in which a list under sub-section (3) of section 167 or sub-section (3) of section 170 may be prepared and the manner of publication of such list;
(f) the period within which an application for restoration of excess land may be made under the proviso to sub-section (4) of section 169;
(g) the manner of apportionment of compensation between the raiyat and the under-raiyat under sub-section (2) of section 171;
(h) the manner of assessment of the market value of any structure or building or trees under sub-section (3) of section 171;
(i) the manner of recovery of the compensation payable by the under-raiyat under sub-section (5) of section 171;
(j) the manner of determining under sub-section (6) of section 171 the market value of any excess land in respect of 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 171;
(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 175;
(n) the matters which may be determined by the Administrator in granting an exemption under section 178 including the form in which applications and intimations may be made or given, under section 178;
(o) the form of declarations under section 182;
(p) any other matter which has 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 165 may be submitted;
(b) the agency through which information may be collected under section 166;
(c) the manner of holding enquiries under this Part;
(d) the matters which may be determined under sub-section (1) of section 167 and the manner of determination of excess lands under this Part;
(e) the form in which a list under sub-section (3) of section 167 or sub-section (3) of section 170 may be prepared and the manner of publication of such list;
(f) the period within which an application for restoration of excess land may be made under the proviso to sub-section (4) of section 169;
(g) the manner of apportionment of compensation between the raiyat and the under-raiyat under sub-section (2) of section 171;
(h) the manner of assessment of the market value of any structure or building or trees under sub-section (3) of section 171;
(i) the manner of recovery of the compensation payable by the under-raiyat under sub-section (5) of section 171;
(j) the manner of determining under sub-section (6) of section 171 the market value of any excess land in respect of 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 171;
(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 175;
(n) the matters which may be determined by the Administrator in granting an exemption under section 178 including the form in which applications and intimations may be made or given, under section 178;
(o) the form of declarations under section 182;
(p) any other matter which has to be, or may be, prescribed.
Section 185 Recovery of amount due as arrear of land 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 186 Protection against eviction or surrender in certain cases.
(1) After the commencement of this Act and before the vesting date referred to in sub-section (1) of section 134,--
(a) the provisions of sections 111 to 117 shall, so far as may be, apply to tenants and sub-tenants as defined in clause (d) of section 133;
(b) no such tenant or sub-tenant shall surrender any land held by him as such and no person shall enter upon any such land unless such surrender isbona fide and is made with the previous permission in writing of the competent authority, and the provisions of sub-section (3) of section 125 shall apply to any case where such permission is refused;
(c) no such tenant or sub-tenant shall, whether in execution of a decree or order of court or otherwise, be evicted from any such land on any ground other than those specified in clauses (c) and
(d) a sub-section (1) of section 118, and any proceeding for eviction of such tenant or sub-tenant on any ground other than those specified in the said clauses (c) and (d) pending at such commencement shall abate without prejudice to any action that may be taken under the provisions of this Act.
(2) Where, on or after the 10th day of August, 1957 and before the commencement of this Act, any such tenant or sub-tenant has surrendered any land held by him as such 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, either on his own motion or on application made by the tenant or sub-tenant in this behalf, restore him to possession of the land which has been surrendered or from which he has been evicted.
(a) the provisions of sections 111 to 117 shall, so far as may be, apply to tenants and sub-tenants as defined in clause (d) of section 133;
(b) no such tenant or sub-tenant shall surrender any land held by him as such and no person shall enter upon any such land unless such surrender isbona fide and is made with the previous permission in writing of the competent authority, and the provisions of sub-section (3) of section 125 shall apply to any case where such permission is refused;
(c) no such tenant or sub-tenant shall, whether in execution of a decree or order of court or otherwise, be evicted from any such land on any ground other than those specified in clauses (c) and
(d) a sub-section (1) of section 118, and any proceeding for eviction of such tenant or sub-tenant on any ground other than those specified in the said clauses (c) and (d) pending at such commencement shall abate without prejudice to any action that may be taken under the provisions of this Act.
(2) Where, on or after the 10th day of August, 1957 and before the commencement of this Act, any such tenant or sub-tenant has surrendered any land held by him as such 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, either on his own motion or on application made by the tenant or sub-tenant in this behalf, restore him to possession of the land which has been surrendered or from which he has been evicted.
Section 187 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 Collector; 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 Collector; or
(c) the transfer is by way of mortgage to a co-operative society.
Section 188 Jurisdiction of civil courts excluded.
No suit or other proceeding shall, unless otherwise expressly provided in this Act, lie or be instituted in any civil court with respect to any matter arising under and provided for by this Act:
Provided that if in a dispute between parties a question of title is involved, a civil suit may be brought for the adjudication of such question.
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 189 Act to over-ride contracts and other laws.
Save as otherwise provided, the provisions of this Act shall have effect notwithstanding anything to the contrary contained in any other law, custom or usage or agreement or decree or order of court.
Section 190 Court-fees.
Notwithstanding anything contained in the Courtfees Act, 1870 (7 of 1870), every application, appeal or other proceeding under this Act shall bear a court-fee stamp of such value as may be prescribed.
Section 191 Village officers to be public servants.
Every village accountant and every other village officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Section 192 Power to exempt.
With the previous approval of the Government, the Administrator may, by notification in the Official Gazette, exempt any class of lands from all or any of the provisions of this Act.
Section 193 General provision as to penalties.
Whoever contravenes any provision of this Act for which no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five hundred rupees.
Section 194 Protection of action taken in good faith.
No suit, prosecution or other proceedings shall lie--
(a) against any officer of the Government for anything in good faith done or intended to be done under this Act;
(b) against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Act.
(a) against any officer of the Government for anything in good faith done or intended to be done under this Act;
(b) against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Act.
Section 195 Delegation of powers.
The Administrator may, by notification in the Official Gazette delegate to any officer or authority subordinate to him any of the powers conferred on him or on any officer subordinate to him by this Act, other than the power to make rules, to be exercised subject to such restrictions and conditions as may be specified in the said notification.
Section 196 Power to remove difficulties.
If any difficulty arises in giving effect to any provision of this Act, the Government may, as occasion requires, take any action not inconsistent with the provisions of this Act which may appear to it necessary for the purpose of removing the difficulty.
Section 197 General power to make rules.
Without prejudice to any power to make rules contained elsewhere in this Act, the Administrator may, by notification in the Official Gazette, make rules generally to carry out the purposes of this Act.
Section 198 Laying of rules before Parliament.
Every rule made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 199 Repeal and savings.
(1) On and from the date on which any of the provisions of this Act are brought into force in any area in the Union territory of Tripura, the enactments specified in the Schedule or so much thereof as relate to the matters covered by the provisions so brought into force shall stand repealed in such area.
(2) The repeal of any enactment or part thereof by sub-section (1) shall not affect,--
(a) the previous operation of such enactment of anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under such enactment;
(c) any penalty, for forfeiture or punishment incurred in respect of any offence committed against such enactment;
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed.
(3) Subject to the provisions contained in sub-section (2), any appointment, rule, order, notification or proclamation made or issued, any lease, rent, right or liability granted, fixed, acquired or incurred and any other thing done or action taken under any of the enactments or parts thereof repealed, under sub-section (1) shall, in so far as it is not inconsistent with the provision of this Act brought into force, be deemed to have been made, issued, granted, fixed acquired, incurred, done or taken under this Act and shall continue to be in force until superseded by anything done or any action taken under this Act.
(4) Any custom or usage prevailing at the time any of the provisions of this Act are brought into force in any area in the Union territory of Tripura and having the force of law therein shall, if such custom or usage is repugnant to or inconsistent with such provision, cease to be operative to the extent of such repugnancy or inconsistency.
(2) The repeal of any enactment or part thereof by sub-section (1) shall not affect,--
(a) the previous operation of such enactment of anything duly done or suffered thereunder;
(b) any right, privilege, obligation or liability acquired, accrued or incurred under such enactment;
(c) any penalty, for forfeiture or punishment incurred in respect of any offence committed against such enactment;
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted or enforced and any such penalty, forfeiture or punishment may be imposed as if such enactment or part thereof had not been repealed.
(3) Subject to the provisions contained in sub-section (2), any appointment, rule, order, notification or proclamation made or issued, any lease, rent, right or liability granted, fixed, acquired or incurred and any other thing done or action taken under any of the enactments or parts thereof repealed, under sub-section (1) shall, in so far as it is not inconsistent with the provision of this Act brought into force, be deemed to have been made, issued, granted, fixed acquired, incurred, done or taken under this Act and shall continue to be in force until superseded by anything done or any action taken under this Act.
(4) Any custom or usage prevailing at the time any of the provisions of this Act are brought into force in any area in the Union territory of Tripura and having the force of law therein shall, if such custom or usage is repugnant to or inconsistent with such provision, cease to be operative to the extent of such repugnancy or inconsistency.