The Tripura Land Revenue and Land Reforms Act, 1960
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 121 Compensation for improvements.
(1) An under-raiyat who has made any improvement at his own expense on the land leased to him shall, if he is to be evicted under the provisions of this Chapter, be entitled to receive compensation, before he is so evicted, for such improvement as, in the opinion of the competent authority, is reasonable.
(2) The compensation payable to an under-raiyat under sub-section (1) shall be determined in accordance with the value of such improvements on the date of eviction, and in determining such compensation, regard shall be had to the following matters, namely:--
(a) the amount by which the value of the land has increased by reason of the improvement;
(b) the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect;
(c) the labour and capital involved in the making of the improvement; and
(d) the advantages secured by the under-raiyat in consideration of the improvement made by him.
(3) In any case in which compensation is payable to an under-raiyat under this section, the competent authority may direct that--
(a) the whole or any part of any loan which the under-raiyat has taken on the security of his interest in the land under section 109 and which is outstanding shall be deducted from such compensation and paid to the Government or the co-operative society, as the case may be;
(b) any arrear of rent due by the under-raiyat to the raiyat and the costs, if any, awarded to the raiyat shall be adjusted against the compensation.
(2) The compensation payable to an under-raiyat under sub-section (1) shall be determined in accordance with the value of such improvements on the date of eviction, and in determining such compensation, regard shall be had to the following matters, namely:--
(a) the amount by which the value of the land has increased by reason of the improvement;
(b) the condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect;
(c) the labour and capital involved in the making of the improvement; and
(d) the advantages secured by the under-raiyat in consideration of the improvement made by him.
(3) In any case in which compensation is payable to an under-raiyat under this section, the competent authority may direct that--
(a) the whole or any part of any loan which the under-raiyat has taken on the security of his interest in the land under section 109 and which is outstanding shall be deducted from such compensation and paid to the Government or the co-operative society, as the case may be;
(b) any arrear of rent due by the under-raiyat to the raiyat and the costs, if any, awarded to the raiyat shall be adjusted against the compensation.
Section 122 Under-raiyat may remove building, works, etc., not deemed improvements.
An under-raiyat against whom an order of eviction has been passed, shall be entitled to remove within such time as is deemed reasonable by the competent authority any work of improvement which can be severed from the land and which the under-raiyat desires to remove, or any building or construction or work (which is not an improvement) in respect of which the raiyat is not willing to pay the compensation.
Section 123 Restoration of possession of land in certain other cases.
(1) Where an under-raiyat of any land has, on or after the 10th August, 1957, surrendered, or been evicted from, such land and the surrender or eviction could not have taken place if this Act had been in force on the date of such surrender or eviction, the competent authority may, suo motu or on application made by the under-raiyat, restore him to possession of the land which he surrendered or from which he was evicted unless some other under-raiyat, not being a member of the raiyats family, had bona fide been admitted to possession of such land.
(2) The competent authority shall, before making an order under sub-section (1), make such inquiry as may be prescribed.
(2) The competent authority shall, before making an order under sub-section (1), make such inquiry as may be prescribed.
Section 124 Relief against termination of tenancy for act of waste.
Where a tenancy is sought to be terminated on the ground that the under-raiyat has materially impaired the value or utility of the land for agricultural purposes, if the damage to the land admits of being repaired or if pecuniary compensation would afford adequate relief, no proceeding for eviction shall lie against the under-raiyat unless and until the raiyat has served on the under-raiyat a notice in writing specifying the damage complained of and the under-raiyat has failed within a period of one year from the service of such notice to repair the damage or to pay compensation therefor.
Section 125 Surrender of land by under-raiyat.
(1) After the commencement of this Act, no under-raiyat shall surrender any land held by him as such, and no raiyat shall enter upon the land surrendered by the under-raiyat, without the previous permission in writing of the competent authority.
(2) Such permission shall be granted if, after making such inquiry as may be prescribed, the competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a person who was holding the land as under-raiyat immediately before the commencement of this Act, the permissible limit of the raiyat concerned is not exceeded by such surrender; in other cases, the permission shall be refused.
(3) Where permission is refused in any case, and the under-raiyat gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the under-raiyat who relinquished his rights.
(2) Such permission shall be granted if, after making such inquiry as may be prescribed, the competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a person who was holding the land as under-raiyat immediately before the commencement of this Act, the permissible limit of the raiyat concerned is not exceeded by such surrender; in other cases, the permission shall be refused.
(3) Where permission is refused in any case, and the under-raiyat gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the under-raiyat who relinquished his rights.
Section 126 Transfer of ownership of land to under-raiyats.
Subject to the other provisions of this Act, the ownership of any land which is declared to be the non-resumable land of an under-raiyat under section 104 or section 120 shall stand transferred from the raiyat thereof to the under-raiyat with effect from the date of such declaration, and the under-raiyat shall become the owner of such land and be liable to pay land revenue therefor.
Section 127 Compensation to raiyat.
(1) In respect of every land the ownership of which stands transferred to the under-raiyat under section 126, the raiyat shall be entitled to compensation which shall consist of the aggregate of the following amounts, that is to say,--
(a) an amount equal to thirty times the full land revenue payable for the land or, if the land is held revenue-free or at a concessional rate, thirty times the amount of land revenue payable for similar lands in the locality;
(b) the value of trees, if any, planted by the raiyat.
Explanation.--Where any improvement has been made on the land at the expense of the raiyat at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of trees referred to in sub-section (1) shall be determined in the prescribed manner.
(3) Every raiyat entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 126, apply to the competent authority in the prescribed manner for determining the compensation.
(a) an amount equal to thirty times the full land revenue payable for the land or, if the land is held revenue-free or at a concessional rate, thirty times the amount of land revenue payable for similar lands in the locality;
(b) the value of trees, if any, planted by the raiyat.
Explanation.--Where any improvement has been made on the land at the expense of the raiyat at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of trees referred to in sub-section (1) shall be determined in the prescribed manner.
(3) Every raiyat entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 126, apply to the competent authority in the prescribed manner for determining the compensation.
Section 128 Payment of compensation to raiyat.
(1) The compensation to which a raiyat is entitled under section 127 shall be paid to him by the Government in the first instance, and it may be paid in cash, in lump sum or in annual instalments not exceeding twenty or in the form of bonds which may be negotiable or non-negotiable but transferable.
(2) From the date of the declaration referred to in section 126, the raiyat shall be entitled to interest at the rate of 2� per cent. per annum on the compensation or such portion thereof as remains un paid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the under-raiyat under section 126 shall be a valid charge on the amount of compensation payable to the raiyat.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to compensation under section 127 is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution in the prescribed manner.
(2) From the date of the declaration referred to in section 126, the raiyat shall be entitled to interest at the rate of 2� per cent. per annum on the compensation or such portion thereof as remains un paid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the under-raiyat under section 126 shall be a valid charge on the amount of compensation payable to the raiyat.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to compensation under section 127 is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution in the prescribed manner.
Section 129 Under-raiyat to pay compensation amount.
(1) Every under-raiyat to whom ownership of any land has been transferred under section 126 shall be liable to pay to the Government in respect of that land compensation as determined under section 127.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments, not exceeding twenty as may prescribed. Interest at the rate of 21/2 per cent. per annum shall be payable on the compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the land.
(4) The compensation or any instalment thereof shall be re-coverable in the same manner as an arrear of land revenue.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments, not exceeding twenty as may prescribed. Interest at the rate of 21/2 per cent. per annum shall be payable on the compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the land.
(4) The compensation or any instalment thereof shall be re-coverable in the same manner as an arrear of land revenue.
Section 130 Issue of certificate to under-raiyats.
When the compensation or the first instalment of the compensation, as the case may be, has been paid by the under-raiyat, the competent authority may suo motu and shall, on application made to it in this behalf, issue to the under-raiyat a certificate in the prescribed form declaring him to be the owner of the land specified therein.
Section 131 First option to purchase.
(1) If a raiyat at any time intends to sell his land held by an under-raiyat, he shall give notice in writing of his intention to such under-raiyat and offer to sell the land to him. In case the latter intends to purchase the land, he shall intimate in writing his readiness to do so within two months from the date of receipt of such notice.
(2) If there is any dispute about the reasonable price payable for the land, either the raiyat or the under-raiyat may apply in writing to the competent authority for determining the reasonable price; and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made.
(3) The under-raiyat shall deposit with the competent authority the amount of the price determined under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the competent authority shall issue a certificate in the prescribed form to the under-raiyat declaring him to be the purchaser of the land; the competent authority shall also direct that the reasonable price deposited shall be paid to the raiyat.
(5) If an under-raiyat does not exercise the right of purchase in response to the notice given to him by the raiyat under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), such under-raiyat shall forfeit his right of purchase, and the raiyat shall be entitled to sell such land to any other person.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights of the under-raiyat in such land.
(2) If there is any dispute about the reasonable price payable for the land, either the raiyat or the under-raiyat may apply in writing to the competent authority for determining the reasonable price; and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made.
(3) The under-raiyat shall deposit with the competent authority the amount of the price determined under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the competent authority shall issue a certificate in the prescribed form to the under-raiyat declaring him to be the purchaser of the land; the competent authority shall also direct that the reasonable price deposited shall be paid to the raiyat.
(5) If an under-raiyat does not exercise the right of purchase in response to the notice given to him by the raiyat under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), such under-raiyat shall forfeit his right of purchase, and the raiyat shall be entitled to sell such land to any other person.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights of the under-raiyat in such land.
Section 132 Power to make rules.
(1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the form of notices to be issued under this Part and the manner of their service;
(b) the manner of holding inquiries under this Part;
(c) the circumstances in which and the period for which land used for agricultural purposes may be left uncultivated;
(d) the conditions subject to which lands may be leased by the Collector under section 106;
(e) the form of applications to be made under this Part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications;
(f) the determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this Part;
(g) the time and manner of payment of rent by the under-raiyat;
(h) the form of receipt for rent to be given by the raiyat;
(i) the factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent;
(j) the nature and the extent of relief to the under-raiyat in cases of suspension or remission of land revenue by the Government;
(k) the determination of compensation for improvements to under-raiyats who are evicted from land;
(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the raiyat in respect of the non-resumable lands of under-raiyats;
(n) the form of certificates to be granted to under-raiyats;
(o) the determination of the price to be paid by under-raiyat for land in respect of which the first option to purchase is exercised;
(p) any other matter which is to be or may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for--
(a) the form of notices to be issued under this Part and the manner of their service;
(b) the manner of holding inquiries under this Part;
(c) the circumstances in which and the period for which land used for agricultural purposes may be left uncultivated;
(d) the conditions subject to which lands may be leased by the Collector under section 106;
(e) the form of applications to be made under this Part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications;
(f) the determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this Part;
(g) the time and manner of payment of rent by the under-raiyat;
(h) the form of receipt for rent to be given by the raiyat;
(i) the factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent;
(j) the nature and the extent of relief to the under-raiyat in cases of suspension or remission of land revenue by the Government;
(k) the determination of compensation for improvements to under-raiyats who are evicted from land;
(l) the grant of permission to surrender land;
(m) the determination of the amount of compensation payable to the raiyat in respect of the non-resumable lands of under-raiyats;
(n) the form of certificates to be granted to under-raiyats;
(o) the determination of the price to be paid by under-raiyat for land in respect of which the first option to purchase is exercised;
(p) any other matter which is to be or may be prescribed.
Section 133 Definitions.
In this Part,--
(a) "estate" means lands included under one entry in any of the general registers of revenue-paying and revenue-free lands and includes--
(i) revenue-free lands not entered in any register, and
(ii) a part of, or a share in, an estate;
(b) "homestead" means a dwelling house together with any courtyard, compound, garden, or outhouse and includes any outbuildings used for purposes connected with agriculture and any family graveyard, library, office, guest house, grainstore, latrines, boundary walls, tanks, wells or places of worship appertaining to such dwelling house;
(c) "intermediary" means a person who holds in an estate the right, title or interest of a talukdar and includes--
(i) a person who holds land either revenue-free or at a concessional rate, and
(ii) a tenure holder;
(d) "tenant" means a person who cultivates or holds the land of an intermediary 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 an intermediary under the system generally known as "bhag", "adhi" or "barga"; and the term "sub-tenant" shall be construed accordingly;
(e) "tenure holder" means a person who has acquired from an intermediary the right to hold lands for the purpose of collecting rents or bringing them under cultivation by establishIng tenants thereon.
(a) "estate" means lands included under one entry in any of the general registers of revenue-paying and revenue-free lands and includes--
(i) revenue-free lands not entered in any register, and
(ii) a part of, or a share in, an estate;
(b) "homestead" means a dwelling house together with any courtyard, compound, garden, or outhouse and includes any outbuildings used for purposes connected with agriculture and any family graveyard, library, office, guest house, grainstore, latrines, boundary walls, tanks, wells or places of worship appertaining to such dwelling house;
(c) "intermediary" means a person who holds in an estate the right, title or interest of a talukdar and includes--
(i) a person who holds land either revenue-free or at a concessional rate, and
(ii) a tenure holder;
(d) "tenant" means a person who cultivates or holds the land of an intermediary 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 an intermediary under the system generally known as "bhag", "adhi" or "barga"; and the term "sub-tenant" shall be construed accordingly;
(e) "tenure holder" means a person who has acquired from an intermediary the right to hold lands for the purpose of collecting rents or bringing them under cultivation by establishIng tenants thereon.
Section 134 Notification vesting estates in the State.
(1) As soon as may be after the commencement of this Act, the Administrator may, by notification in the Official Gazette, declare that, with effect from the date specified in the notification (hereinafter referred to as the vesting date), all estates situated in any area or areas and all rights, title and interest of every intermediary in such estates shall vest in the Government free from all encumbrances.
(2) Every notification under sub-section (1) shall also be published in such other manner as may be prescribed.
(3) The publication of a notification in the manner provided in sub-sections (1) and (2) shall be conclusive evidence of the notice of declaration to the intermediaries whose interests are affected by such notification
(2) Every notification under sub-section (1) shall also be published in such other manner as may be prescribed.
(3) The publication of a notification in the manner provided in sub-sections (1) and (2) shall be conclusive evidence of the notice of declaration to the intermediaries whose interests are affected by such notification
Section 135 Consequences of notification under section 134.
Notwithstanding anything contained in any law for the time being in force or in any agreement or contract, express or implied, with effect from the vesting date,--
(a) each estate to which the notification relates and all rights, title and interest of intermediaries in such estate shall vest in the Government free from all encumbrances, including--
(i) rights in hats, bazars, ferries, forests, wastelands, abadi sites, fisheries, tolls and other interests;
(ii) rights in any building other than a dwelling house or in any part of such building, used primarily as office cutcherry for collection of rent;
(b) all grants and confirmation of title to the estate and rights therein made in favour of an intermediary shall cease and determine;
(c) any building used for educational or charitable purposes and held by the intermediary shall vest in the Government for those educational or charitable purposes;
(d) subject to the other provisions of this Act, every tenant holding any land under an intermediary shall hold the same directly under the Government as a raiyat thereof and shall be liable to pay to the Government land revenue equal to the rent payable by him to the intermediary on the vesting date, subject to a maximum of the value of one-eighth of the gross produce which value shall be determined in the manner prescribed:
Provided that the tenant shall become the owner of any building or structure constructed on such land at the expense of the intermediary on payment of such compensation to the intermediary as is equivalent to its market value on the vesting date, which value shall be determined in accordance with the rules made in this behalf;
(e) all arrears of land revenue, local rates, cesses and other dues lawfully payable to the Government by the intermediary on the vesting date in respect of the estate shall, without prejudice to any other mode of recovery, be recoverable by deduction from the compensation payable to the intermediary;
(f) all rents and other dues in respect of the estate for any period after the vesting date which, but for this Act, would be payable to an intermediary shall be payable to the Government and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same;
(g) where under any agreement or contract made before the vesting date, any rent, cess, local rate or other dues for any period after the said date has been paid to or compounded of released by an intermediary, the same shall, notwithstanding such agreement or contract, be recoverable by the Government from the intermediary, and may, without prejudice to any other mode of recovery, be realised by deduction from the compensation payable to the intermediary.
(a) each estate to which the notification relates and all rights, title and interest of intermediaries in such estate shall vest in the Government free from all encumbrances, including--
(i) rights in hats, bazars, ferries, forests, wastelands, abadi sites, fisheries, tolls and other interests;
(ii) rights in any building other than a dwelling house or in any part of such building, used primarily as office cutcherry for collection of rent;
(b) all grants and confirmation of title to the estate and rights therein made in favour of an intermediary shall cease and determine;
(c) any building used for educational or charitable purposes and held by the intermediary shall vest in the Government for those educational or charitable purposes;
(d) subject to the other provisions of this Act, every tenant holding any land under an intermediary shall hold the same directly under the Government as a raiyat thereof and shall be liable to pay to the Government land revenue equal to the rent payable by him to the intermediary on the vesting date, subject to a maximum of the value of one-eighth of the gross produce which value shall be determined in the manner prescribed:
Provided that the tenant shall become the owner of any building or structure constructed on such land at the expense of the intermediary on payment of such compensation to the intermediary as is equivalent to its market value on the vesting date, which value shall be determined in accordance with the rules made in this behalf;
(e) all arrears of land revenue, local rates, cesses and other dues lawfully payable to the Government by the intermediary on the vesting date in respect of the estate shall, without prejudice to any other mode of recovery, be recoverable by deduction from the compensation payable to the intermediary;
(f) all rents and other dues in respect of the estate for any period after the vesting date which, but for this Act, would be payable to an intermediary shall be payable to the Government and any payment made in contravention of this clause shall not be valid discharge of the person liable to pay the same;
(g) where under any agreement or contract made before the vesting date, any rent, cess, local rate or other dues for any period after the said date has been paid to or compounded of released by an intermediary, the same shall, notwithstanding such agreement or contract, be recoverable by the Government from the intermediary, and may, without prejudice to any other mode of recovery, be realised by deduction from the compensation payable to the intermediary.
Section 136 Rights of intermediary to certain lands.
(1) Notwithstanding anything contained in sections 134 and 135, an intermediary shall, subject to the provisions of sub-section (2), be entitled to retain with effect from the vesting date,--
(a) homesteads, buildings and structures together with the lands appurtenant thereto in the occupation of the intermediary other than buildings vested in the Government under section 135;
(b) lands under the personal cultivation of the intermediary;
(c) lands in which permanent rights have not already accrued to a tenant under any custom, agreement or law and which have been leased by an intermediary who, both at the commencement of the lease and on the vesting date, was a person under disability;
(d) lands held by the intermediary as mortgagor which are subject to usufructuary mortgage and are under the personal cultivation of the mortgagee;
(e) lands comprised in orchards or used for the purpose of live-stock breeding, poultry farming, or dairy farming, which are in the occupation of the intermediary;
(f) so much of the lands comprised in a tea garden, mill, factory or workshop as in the opinion of the Administrator is required for such tea garden, mill, factory or workshop.
(2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall hold such land directly under the Government from the vesting date as a raiyat thereof and be liable to pay therefor land revenue at full rate applicable to similar lands in the locality.
(a) homesteads, buildings and structures together with the lands appurtenant thereto in the occupation of the intermediary other than buildings vested in the Government under section 135;
(b) lands under the personal cultivation of the intermediary;
(c) lands in which permanent rights have not already accrued to a tenant under any custom, agreement or law and which have been leased by an intermediary who, both at the commencement of the lease and on the vesting date, was a person under disability;
(d) lands held by the intermediary as mortgagor which are subject to usufructuary mortgage and are under the personal cultivation of the mortgagee;
(e) lands comprised in orchards or used for the purpose of live-stock breeding, poultry farming, or dairy farming, which are in the occupation of the intermediary;
(f) so much of the lands comprised in a tea garden, mill, factory or workshop as in the opinion of the Administrator is required for such tea garden, mill, factory or workshop.
(2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall hold such land directly under the Government from the vesting date as a raiyat thereof and be liable to pay therefor land revenue at full rate applicable to similar lands in the locality.
Section 137 Collector to take charge of estates, etc., vested in the Government.
(1) The Collector shall take charge of estates and interests of intermediaries which vest in the Government under section 135.
(2) For the purpose aforesaid, the Collector may, by written order served in the prescribed manner, require any intermediary or other person in possession, of any such estate or interest to give up such possession by a date to be specified in the order (which shall not be earlier than sixty days from the date of service of the order) or to deliver by that date any documents, registers, or records, connected with the management of such estate or interest which are in his custody or to furnish a statement in the prescribed form in respect of such estate or interest.
(3) The Collector or any other officer authorised by him in this behalf may take such steps or use such force as may be necessary to enforce compliance with the order and may also enter any building or place for the purpose of taking possession of the documents, registers or records referred to in sub-section (2).
(4) An intermediary shall be entitled to make inspection of any documents, registers or records which have been delivered to or taken possession of by the Collector, to make notes therefrom or to have certified copies thereof granted to him. No fees shall be charged for making inspection or for making notes, but fees may be charged, according to the prescribed scale, for the grant of certified copies.
(5) Nothing in this section shall be deemed to authorise the collector to take possession of--
(a) any land or of any right of an intermediary therein, which may be retained by the intermediary under section 136, or
(b) any religious institution or any building connected therewith.
(2) For the purpose aforesaid, the Collector may, by written order served in the prescribed manner, require any intermediary or other person in possession, of any such estate or interest to give up such possession by a date to be specified in the order (which shall not be earlier than sixty days from the date of service of the order) or to deliver by that date any documents, registers, or records, connected with the management of such estate or interest which are in his custody or to furnish a statement in the prescribed form in respect of such estate or interest.
(3) The Collector or any other officer authorised by him in this behalf may take such steps or use such force as may be necessary to enforce compliance with the order and may also enter any building or place for the purpose of taking possession of the documents, registers or records referred to in sub-section (2).
(4) An intermediary shall be entitled to make inspection of any documents, registers or records which have been delivered to or taken possession of by the Collector, to make notes therefrom or to have certified copies thereof granted to him. No fees shall be charged for making inspection or for making notes, but fees may be charged, according to the prescribed scale, for the grant of certified copies.
(5) Nothing in this section shall be deemed to authorise the collector to take possession of--
(a) any land or of any right of an intermediary therein, which may be retained by the intermediary under section 136, or
(b) any religious institution or any building connected therewith.
Section 138 Decision of disputes.
If there is any dispute as to the possession of any homestead or land or building referred to in sub-section (1) of section 136, the Collector shall, on application made to him in this behalf, make such inquiry as he deems fit and pass such orders thereon as may appear to him just and proper.
Section 139 Appeal.
An appeal against an order of the Collector passed under section 138, if preferred within sixty days of such order, shall lie to the District Judge having jurisdiction.
Section 140 Intermediaries entitled to receive compensation.
Every intermediary, whose right, title and interest in any estate vest in the Government under Chapter XI shall be entitled to receive and be paid therefor compensation as hereinafter provided.