The Tripura Land Revenue and Land Reforms Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 101 Procedure for reservation of lands.
(1) The competent authority shall, on an application made under section 100, issue notice together with a copy of the application to each of the under-raiyats holding land from the applicant requiring the under-raiyat to submit his objections, if any, within a period of ninety days from the date of service of such notice or within such further period as the competent authority may allow.
(2) An under-raiyat on whom a notice has been served under sub-section (1), shall furnish to the competent authority within the period aforesaid details of lands owned by him or held as under-raiyat of any other raiyat and of lands which he selects for retention by him.
(3) The competent authority shall, after considering the objections and the details, if any, furnished by the under-raiyats and after making such inquiry as it may consider necessary, determine the land or lands, not exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case may be reserved for personal cultivation of the raiyat and the lands which each of his under-raiyats may be allowed to retain.
(2) An under-raiyat on whom a notice has been served under sub-section (1), shall furnish to the competent authority within the period aforesaid details of lands owned by him or held as under-raiyat of any other raiyat and of lands which he selects for retention by him.
(3) The competent authority shall, after considering the objections and the details, if any, furnished by the under-raiyats and after making such inquiry as it may consider necessary, determine the land or lands, not exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case may be reserved for personal cultivation of the raiyat and the lands which each of his under-raiyats may be allowed to retain.
Section 102 “Permissible limit” defined.
(1) In section 101, "permissible limit" means an area of land which a raiyat may resume from under-raiyats for personal cultivation, that is to say,--
(a) in the case of a person under disability, 25 standard acres;
(b) in the case of any other person who--
(i) owns a basic holding or less, the entire area owned by him;
(ii) owns more than a basic holding but not exceeding a family holding, one-half of the area leased to under-raiyats or the area by which the land under his personal cultivation falls short of a basic holding, whichever is greater;
(iii) owns more than a family-holding,--
(1) if he has no land, or any land which is less than a family holding, under his personal cultivation, one-half of the area leased to under-raiyats but not exceeding the area by which land under his personal cultivation falls short of a family holding, provided that the underraiyat is left with not less than a basic holding and provided further that a raiyat shall in any case be entitled to resume an area by which land under his personal cultivation falls short of a basic holding; and
(2) if he has a family holding or more under his personal cultivation, the area leased to under-raiyats but not exceeding the area by which land in his personal cultivation falls short of 25 standard acres, provided that the under-raiyat is left with not less than a family holding.
Explanation.-- For the purpose of determining the permissible limit of a raiyat under this sub-section, any non-resumable land which he may hold as an under-raiyat shall also be taken into account.
(2) Notwithstanding anything contained in sub-section (1), an under-raiyat who under any law, custom or usage is not liable to eviction at the commencement of this Act on the ground that the land is required for personal cultivation, shall in all cases be left with a basic holding or the land actually held by him, whichever is less.
(3) Any transfer of land made on or after the 10th August, 1957 shall be disregarded in computing the permissible limit.
(a) in the case of a person under disability, 25 standard acres;
(b) in the case of any other person who--
(i) owns a basic holding or less, the entire area owned by him;
(ii) owns more than a basic holding but not exceeding a family holding, one-half of the area leased to under-raiyats or the area by which the land under his personal cultivation falls short of a basic holding, whichever is greater;
(iii) owns more than a family-holding,--
(1) if he has no land, or any land which is less than a family holding, under his personal cultivation, one-half of the area leased to under-raiyats but not exceeding the area by which land under his personal cultivation falls short of a family holding, provided that the underraiyat is left with not less than a basic holding and provided further that a raiyat shall in any case be entitled to resume an area by which land under his personal cultivation falls short of a basic holding; and
(2) if he has a family holding or more under his personal cultivation, the area leased to under-raiyats but not exceeding the area by which land in his personal cultivation falls short of 25 standard acres, provided that the under-raiyat is left with not less than a family holding.
Explanation.-- For the purpose of determining the permissible limit of a raiyat under this sub-section, any non-resumable land which he may hold as an under-raiyat shall also be taken into account.
(2) Notwithstanding anything contained in sub-section (1), an under-raiyat who under any law, custom or usage is not liable to eviction at the commencement of this Act on the ground that the land is required for personal cultivation, shall in all cases be left with a basic holding or the land actually held by him, whichever is less.
(3) Any transfer of land made on or after the 10th August, 1957 shall be disregarded in computing the permissible limit.
Section 103 Land deemed to be reserved for personal cultivation in certain cases.
In the case of a raiyat who at the commencement of this Act does not own land in excess of a basic holding, all lands owned by him and held by under-raiyats at such commencement shall, subject to the provisions of sub-section (2) of section 102, be deemed to have been reserved for his personal cultivation.
Explanation.-- Any transfer of land made on or after the 10th August, 1957 shall be disregarded in determining the extent of land owned by a raiyat at the commencement of this Act.
Explanation.-- Any transfer of land made on or after the 10th August, 1957 shall be disregarded in determining the extent of land owned by a raiyat at the commencement of this Act.
Section 104 Non-resumable land.
The competent authority shall declare every land which, under sub-section (3) of section 101, an under-raiyat is allowed to retain to be the non-resumable land of the under-raiyat.
Section 105 Right to lease.
(1) Subject to the provisions of this Act, a raiyat may lease out his land to another person on such rent not exceeding the maximum rent referred to in section 111 as may be agreed upon between him and such person.
(2) Every lease of land made after the commencement of this Act shall be for a period of five years and at the end of the said period, and thereafter at the end of every such period of five years, the tenancy shall, subject to the provisions of sub-section (3), be deemed to be renewed for a further period of five years on the same terms and conditions except to the extent that a modification thereof consistent with this Act is agreed to by both parties.
(3) In respect of any lease made after the commencement of this Act, a raiyat who is a member of the Armed Forces of the Union, on his discharge from service or posting to the reserve, may by giving the under-raiyat three months' notice in writing before the expiry of any year, and any other raiyat may by giving the under-raiyat one year's notice in writing before the expiry of any term of five years, terminate the tenancy if the raiyat requires the land bona fide for personal cultivation by him.
(2) Every lease of land made after the commencement of this Act shall be for a period of five years and at the end of the said period, and thereafter at the end of every such period of five years, the tenancy shall, subject to the provisions of sub-section (3), be deemed to be renewed for a further period of five years on the same terms and conditions except to the extent that a modification thereof consistent with this Act is agreed to by both parties.
(3) In respect of any lease made after the commencement of this Act, a raiyat who is a member of the Armed Forces of the Union, on his discharge from service or posting to the reserve, may by giving the under-raiyat three months' notice in writing before the expiry of any year, and any other raiyat may by giving the under-raiyat one year's notice in writing before the expiry of any term of five years, terminate the tenancy if the raiyat requires the land bona fide for personal cultivation by him.
Section 106 Land left uncultivated.
(1) Where the Collector is satisfied that any land has remained uncultivated for a period of not less than two consecutive years otherwise than in accordance with rules made in this behalf under this Act, and that it is necessary for the purpose of ensuring the full and efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed lease out the land in accordance with the rules made under this Act.
(2) Any lease made under sub-section (1) shall be deemed to be a lease made by the raiyat under sub-section (1) of section 105.
(2) Any lease made under sub-section (1) shall be deemed to be a lease made by the raiyat under sub-section (1) of section 105.
Section 107 Relinquishment.
(1) Subject to any rules that may be made under this Act, a raiyat may relinquish his rights in respect of any land in his possession in favour of Government by giving a notice in writing to the competent authority in such form and manner as may be prescribed, not less than three months before the close of any year and thereupon he shall cease to be a raiyat in respect of that land from the year next following the date of notice:
Provided that relinquishment of only a part of a holding or of a holding which, or part of which, is subject to an encumbrance or a charge, shall not be valid.
(2) If any person relinquishes his rights to a land under sub-section (1), the way to which lies through other land retained by him, any future holder of the land relinquished shall be entitled to a right of way through the land retained.
Provided that relinquishment of only a part of a holding or of a holding which, or part of which, is subject to an encumbrance or a charge, shall not be valid.
(2) If any person relinquishes his rights to a land under sub-section (1), the way to which lies through other land retained by him, any future holder of the land relinquished shall be entitled to a right of way through the land retained.
Section 108 Interest of under-raiyats.
(1) The interest of an under-raiyat in any land held by him as such shall be heritable but, save as otherwise provided in this Act, shall not be transferable.
(2) No under-raiyat shall be evicted from his land except as provided in this Act.
(2) No under-raiyat shall be evicted from his land except as provided in this Act.
Section 109 Right to create a mortgage or charge.
It shall be lawful for an under-raiyat to create a simple mortgage or a charge on his interest in the land leased to him, in favour of the Government or a co-operative society in consideration of any loan advanced to him by the Government or such society; and in the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the Government or the society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds applied in payment of such loan.
Section 110 Right to make improvements.
An under-raiyat may, with the permission in writing of the raiyat, or if permission is refused without sufficient reason or is not given within two months, after obtaining the orders of the competent authority in the prescribed manner, make at his own expense any improvement to the land held by him, but shall not become liable to pay a higher rate of rent on account of any increase of production or of any change in the nature of the crop raised, as a consequence of such improvement.
Section 111 Maximum rent.
The rent payable by an under-raiyat in respect of any land held by him shall not exceed,--
(a) where the rent is payable in kind as a share of the produce, one-fourth of the produce of such land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is supplied by the raiyat and one-fifth of such produce or its value as so estimated if plough cattle is not supplied by the raiyat;
(b) in any other case, four times the land revenue payable in respect of the land.
(a) where the rent is payable in kind as a share of the produce, one-fourth of the produce of such land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is supplied by the raiyat and one-fifth of such produce or its value as so estimated if plough cattle is not supplied by the raiyat;
(b) in any other case, four times the land revenue payable in respect of the land.
Section 112 Payment of rent.
(1) The rent payable by an under-raiyat shall, subject to the provisions of section 111, be the rent agreed upon between him and the raiyat, or where there is no such agreement, the reasonable rent.
(2) The rent shall be paid at such times and in such manner as may have been agreed upon, or in the absence of such agreement, as may be prescribed.
(2) The rent shall be paid at such times and in such manner as may have been agreed upon, or in the absence of such agreement, as may be prescribed.
Section 113 Reasonable rent.
(1) The competent authority may, on application made to it in this behalf by the raiyat or the under-raiyat, determine the reasonable rent for any land.
(2) The form of application under sub-section (1) and the procedure to be followed by the competent authority shall be such as may be prescribed.
(3) In determining the reasonable rent, the competent authority shall have regard to--
(a) the rental value of lands used for similar purposes in the locality;
(b) the profits of agriculture of similar lands in the locality;
(c) the price of crops and commodities in the locality;
(d) the improvements, if any, made to the land by the raiyat or the under-raiyat;
(e) the land revenue payable in respect of the land; and
(f) any other factor which may be prescribed.
(4) Where the reasonable rent for any land has been determined under this section, it shall not be altered for a period of five years except on any of the following grounds, namely:--
(a) that the quality of the land has deteriorated by flood or other natural causes;
(b) that there has been an increase in the produce of the land on account of improvements made to it at the expense of the raiyat;
(c) that the extent of land has been altered by more than one acre by alluvion or diluvion.
(d) that the land has been partially or wholly rendered unfit for cultivation.
(5) Nothing in sub-sections (1) to (4) shall affect the right of the Government to make an order directing the determination of the reasonable rent of lands in any specified area.
(2) The form of application under sub-section (1) and the procedure to be followed by the competent authority shall be such as may be prescribed.
(3) In determining the reasonable rent, the competent authority shall have regard to--
(a) the rental value of lands used for similar purposes in the locality;
(b) the profits of agriculture of similar lands in the locality;
(c) the price of crops and commodities in the locality;
(d) the improvements, if any, made to the land by the raiyat or the under-raiyat;
(e) the land revenue payable in respect of the land; and
(f) any other factor which may be prescribed.
(4) Where the reasonable rent for any land has been determined under this section, it shall not be altered for a period of five years except on any of the following grounds, namely:--
(a) that the quality of the land has deteriorated by flood or other natural causes;
(b) that there has been an increase in the produce of the land on account of improvements made to it at the expense of the raiyat;
(c) that the extent of land has been altered by more than one acre by alluvion or diluvion.
(d) that the land has been partially or wholly rendered unfit for cultivation.
(5) Nothing in sub-sections (1) to (4) shall affect the right of the Government to make an order directing the determination of the reasonable rent of lands in any specified area.
Section 114 Commutation of rent payable in kind.
(1) In any case in which rent is payable in kind, the raiyat or the under-raiyat may apply in writing to the competent authority in the prescribed form and manner, for commuting the rent into money rent.
(2) On receipt of such application, the competent authority shall, after giving notice to the other party, determine the money rent payable for the land in accordance with the following provisions but not exceeding the maximum rent specified in section 111.
(3) In determining the money rent, regard shall be had to--
(a) the average money rent payable by under-raiyats for land of similar description and with similar advantages in the vicinity;
(b) the average value of the rent for the land actually received by the raiyat during the three years preceding the date of application;
(c) the average prices of crops and commodities in the locality during the three years preceding the date of application;
(d) the improvements, if any, made to the land by the raiyat or the under-raiyat; and
(e) any other factor which may be prescribed.
(2) On receipt of such application, the competent authority shall, after giving notice to the other party, determine the money rent payable for the land in accordance with the following provisions but not exceeding the maximum rent specified in section 111.
(3) In determining the money rent, regard shall be had to--
(a) the average money rent payable by under-raiyats for land of similar description and with similar advantages in the vicinity;
(b) the average value of the rent for the land actually received by the raiyat during the three years preceding the date of application;
(c) the average prices of crops and commodities in the locality during the three years preceding the date of application;
(d) the improvements, if any, made to the land by the raiyat or the under-raiyat; and
(e) any other factor which may be prescribed.
Section 115 Receipt for payment of rent.
Every raiyat shall give or cause to be given a receipt for the rent received by him or on his behalf in such form as may be prescribed duly signed by him or his authorised agent.
Section 116 Refund of rent recovered in excess.
If any raiyat recovers from an under-raiyat rent in excess of the amount due under this Act, he shall forthwith refund the excess amount so recovered and shall also be liable to punishment as provided in this Act.
Section 117 Suspension or remission of rent.
(1) Where a raiyat has obtained from or been granted by the Government any relief by way of suspension or remission, whether in whole or in part, of the land revenue payable in respect of his land, he shall be bound to give, and the under-raiyat concerned shall be entitled to receive from the raiyat, a corresponding or proportionate relief by way of suspension or remission of rent payable in respect of such land.
(2) The nature and extent of the relief which a raiyat is bound to give and which the under-raiyat is entitled to receive under sub-section (1) shall be determined in accordance with the rules made under this Act.
(3) No suit shall lie and no decree of a civil court shall be executed for the recovery by a raiyat of any rent the payment of which has been remitted, or during the period for which the payment of such rent has been suspended, under this section.
(4) The period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation for any suit or proceeding for the recovery of such rent.
(5) If any raiyat fails to suspend or remit the payment of rent as provided in sub-section (1), he shall be liable to refund to the under-raiyat the amount recovered by him in contravention of the provisions of this section and shall also be liable to punishment as provided in this Act.
(2) The nature and extent of the relief which a raiyat is bound to give and which the under-raiyat is entitled to receive under sub-section (1) shall be determined in accordance with the rules made under this Act.
(3) No suit shall lie and no decree of a civil court shall be executed for the recovery by a raiyat of any rent the payment of which has been remitted, or during the period for which the payment of such rent has been suspended, under this section.
(4) The period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation for any suit or proceeding for the recovery of such rent.
(5) If any raiyat fails to suspend or remit the payment of rent as provided in sub-section (1), he shall be liable to refund to the under-raiyat the amount recovered by him in contravention of the provisions of this section and shall also be liable to punishment as provided in this Act.
Section 118 Eviction of under-raiyat.
(1) No person shall be evicted from any land held by him as under-raiyat except under the order of the competent authority made on any of the following grounds, namely:--
(a) that the land has been reserved for personal cultivation of the raiyat under section 101, or is deemed to have been reserved for personal cultivation of the raiyat under section 103;
(b) that a notice has been given to the under-raiyat under sub-section (3) of section 105;
(c) that the under-raiyat has intentionally and wilfully committed such acts of waste as are calculated to impair materially or permanently the value or utility of the land for agricultural purposes;
(d) that the under-raiyat has failed to pay rent within a period of three months after it falls due:
Provided that the competent authority may, if it thinks fit, grant further time not exceeding six months for payment of the rent;
(e) that the under-raiyat, not being a person under disability, has, after the commencement of this Act, sublet the land without the consent in writing of the raiyat.
(2) No order for eviction of an under-raiyat shall be executed till the standing crops, if any, on the land are harvested.
(3) Where any land has been reserved for the personal cultivation of a raiyat by an order made under sub-section (3) of section 101, no suit or application for the eviction of the under-raiyat in respect of such land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of this Act or one year from the date of the said order, whichever is later:
Provided that where any such raiyat is a person under disability, such suit or application may be instituted or made within a period of five years from the date when the disability ceases.
Explanation.--For the purposes of this sub-section, the disability of a person shall cease,--
(a) in the case of a widow, if she re-marries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death;
(b) in the case of a minor, on the date of his attaining majority;
(c) in the case of a woman who is unmarried or who is divorced or judicially separated from her husband on the date of her marriage or remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases;
(d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
(e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist.
(a) that the land has been reserved for personal cultivation of the raiyat under section 101, or is deemed to have been reserved for personal cultivation of the raiyat under section 103;
(b) that a notice has been given to the under-raiyat under sub-section (3) of section 105;
(c) that the under-raiyat has intentionally and wilfully committed such acts of waste as are calculated to impair materially or permanently the value or utility of the land for agricultural purposes;
(d) that the under-raiyat has failed to pay rent within a period of three months after it falls due:
Provided that the competent authority may, if it thinks fit, grant further time not exceeding six months for payment of the rent;
(e) that the under-raiyat, not being a person under disability, has, after the commencement of this Act, sublet the land without the consent in writing of the raiyat.
(2) No order for eviction of an under-raiyat shall be executed till the standing crops, if any, on the land are harvested.
(3) Where any land has been reserved for the personal cultivation of a raiyat by an order made under sub-section (3) of section 101, no suit or application for the eviction of the under-raiyat in respect of such land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of this Act or one year from the date of the said order, whichever is later:
Provided that where any such raiyat is a person under disability, such suit or application may be instituted or made within a period of five years from the date when the disability ceases.
Explanation.--For the purposes of this sub-section, the disability of a person shall cease,--
(a) in the case of a widow, if she re-marries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death;
(b) in the case of a minor, on the date of his attaining majority;
(c) in the case of a woman who is unmarried or who is divorced or judicially separated from her husband on the date of her marriage or remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date on which the disability of the husband ceases;
(d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
(e) in the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist.
Section 119 Restoration of possession of land to under-raiyat.
Where a person who has taken possession of any land by evicting an under-raiyat therefrom on the ground that the land had been reserved for personal cultivation by him, fails to cultivate such land personally within one year from the date on which he took possession thereof or ceases to cultivate such land personally in any year during a period of four years next following, the under-raiyat shall be entitled to be restored to possession of the land from which he was evicted.
Explanation.--For the purpose of this section, land shall not be deemed to be under the personal cultivation of a person (not being a person under disability) unless such person or a member of his family engages himself in the principal agricultural operations.
Explanation.--For the purpose of this section, land shall not be deemed to be under the personal cultivation of a person (not being a person under disability) unless such person or a member of his family engages himself in the principal agricultural operations.
Section 120 Certain lands to be non-resumable land of under-raiyat.
If a raiyat fails to
(a) apply for reservation of any land within the period prescribed in section 100, and the land is not deemed to have been reserved under section 103, or
(b) file a suit or application for the eviction of the under-raiyat from any land reserved under section 101 within the period prescribed in sub-section (3) of section 118, or
(c) cultivate or ceases to cultivate the land and the under-raiyat is restored to possession of the land under section 119,
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 under-raiyat.
(a) apply for reservation of any land within the period prescribed in section 100, and the land is not deemed to have been reserved under section 103, or
(b) file a suit or application for the eviction of the under-raiyat from any land reserved under section 101 within the period prescribed in sub-section (3) of section 118, or
(c) cultivate or ceases to cultivate the land and the under-raiyat is restored to possession of the land under section 119,
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 under-raiyat.