LexThe Tripura Land Revenue and Land Reforms Rules, 1961
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Open in Lexace · Ask the AI about this actThe Tripura Land revenue and Land Reforms Rules, 1961
ARRANGEMEMT OF RULES
CHAPTER I
PRELIMINARY
RULES:
1. Short Title.
2. Definitions
3. Distance of a nearby village for purpose of personal cultivation.
CHAPTER II
General Powers of revenue Officer
4. General powers of the Collectors.
5. General powers of Survey & Settlement Officer.
6. General powers of superior officers.
CHAPTER III
Land and Land Revenue
7. Decision of dispute referred to in section 11(5)
8. Preservation and disposal of trees, jungles, etc.
9. Survey and demarcation of pasturage.
10. Hearing of objection.
11. Disposal of objections.
12. Declaration of pasturage.
13. Use of pasturage.
14. Cancellation or modification of declaration under rule 12.
15. Setting apart of land for community purposes.
16. Setting apart of land for Forest Reserve.
17. Management of land by gram Panchayat.
18. Procedure for summary eviction.
19. Exemption from land revenue.
20. Deleted
21. Application for remission of land revenue.
22. Deleted.
23. Diversion of land to agricultural purpose.
24. Diversion of land other purpose.
25. Calculation of fraction.
26. Remission or suspension of land revenue
27. Remission when to be allowed.
28. Relief in widespread calamities.
29. Relief in local calamities.
30. Relief in case of orders, by court etc.
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RULES :
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31. Announcement of relief.
32. Stay orders by Collector.
33. Collection of suspended land revenue.
34. Remission of suspended.
35. From of receipt for land revenue.
CHAPTER IV
Survey and Settlement of Land Revenue
36. Profits of agriculture and value of land
37. Publication of table of profits of agriculture and value of land
38. Omitted.
39. Notification and proclamation of revenue survey.
40. Revenue survey and preparation of record of rights.
41. Assessment nit.
42. Maximum revenue rates.
43. Form of table of revenue rates.
44. Annexure to table of revenue rates.
45. Publication table of revenue rates.
46. Disposal of objections.
47. Alteration or revisions of revenue rates.
48. Ratio between old and new revenue rates.
49. Principles of apportionment of costs.
50. Liability of individual for costs.
51. Apportionment of liability of costs and notice thereof.
52. Settlement register.
CHAPTER V
LAND RECORDS
53. Record of rights.
54. Khasra.
55. Notification and proclamation.
56. Stages of revenue survey and preparation of record of rights.
57. Notification for assistance.
58. Village boundary demarcation.
59. Traverse survey.
60. Cadastral Survey.
61. Survey Number.
62. Preparation of preliminary record of rights.
63. Bujharat.
64. Attestation including ascertainment of rent and revenue.
65. Publication of the draft records of rights.
66. Disposal of objections.
67. Framing of final record.
68. Final publication of the records of tights.
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RULES
69. Availability of copies of records and recovery of cost.
70. Revision of correction of records.
71. Intimation of correction.
71.A Preparation of field index (Khasra).
72. Register of mutations.
73. Rewriting of records of rights.
74. Report for mutation.
75. Mutation not to be in contravention of the Act.
76. Intimation about mutation.
77. Register of disputed cases.
78. Acknowledgement of objection.
79. Testing of entries.
80. Information to be supplied to Collector on requisition.
81. Alteration of registers on decree of court.
82. Inspection and grant of copies.
CHAPTER VI
Boundaries and boundary Marks
83. Determination boundary disputes.
84. Description of boundary marks.
85. Erection of boundary marks on requisition.
86. Maintenance of boundary marks.
87. Register of boundary marks.
CHAPTER VII
Realisation of Land Revenue and Other Public Demands
88. Land revenue when and how payable.
89. Notice of demand.
90. Distraint and sale of movable property.
91. Distraint of movable property other than the produce of the land.
92. Distraint of produce of land.
93. Custody of distrained property.
94. Leaving live stock in the charge of pound keeper.
95. Attachment of immovable property.
96. Management of attached property.
97. Claims of Third Persons.
98. Objection by defaulter.
99. Proclamation for sale.
100. Inspection and copy of sale proclamation.
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23 101. Date of sale.
23 102. Absence or insufficiency of bid.
24 103. Sale Officer.
24 104. Auction sale when to stop.
24 105. Objection by purchaser.
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RULES
24 106. Application for setting aside the sale.
24 107. Certificate of purchase.
24 108. Delivery of possession.
24 109. Intimation to the commanding officer of cantonment.
25 110. Cost of proclamation and other costs.
25 111. Recovery of other amounts recoverable as arrears of land revenue.
25 112. Fees to be charged for execution of processes.
26 113. Application of the code of civil procedure.
CHAPTER VIII
Procedure of Revenue Officer.
26 114. Form service of summons.
26 115. Balisble warrant of arrest.
26 116. Delivery of possession.
26 117. Obstruction of delivery of possession.
27 118. use of force against person putting restraint.
27 119. Dismissal of application for possession.
27 120. Transfer by judgement debtor.
27 121. Application by person wrongly dispossessed.
27 122. Order for re-delivery of possession.
27 123. A person other than a judgement debtor may institute a suit.
27 124. Procedure of revenue court and officers.
27 125. Extent of applicability of C.P.C.
CHAPTER IX Rights of Raiyats in Land
126. Reservation of land for personal cultivation. 127. Notice to under raiyat. 28 128. Reply of under raiyat. 28 129. Disposal of the application. 28 130. Certificate. 28 131. Notice to issue when land left uncultivated. 28 132. Service of Notice. 28 133. Compliance of notice. 29 134. Lease by Collector. 29 135. Notice of relinquishment. 29 29CHAPTER IX A.
Certain restrictions on the rights of transfer for the protection of the interests of the
scheduled tribes.
136.A Service of Notice for transfer.
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CHAPTER X
Rights of under-raiyat.
137. Application for permission when raiyat refuses or its to consent.
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V
RULES :
138. When permission may be granted or refused. 31
139. Compensation for improvement. 31
140. Benefit of improvement to under-raiyat in certain cases. 32
141. Under raiyat to pay back the compensation. 32
142. Estimating the value of produce for purpose of rent. 32
142A Determination of the fixed produce rent. 32
143. Payment of rent. 32
144. Postal receipt and enclosures to be adminisible in evidence. 33
145. Payment of rent in certain cases. 33
146. Power to deposit rent in certain cases with circle officer. 33
147. Application for deposit. 33
148. Receipt to be granted. 33
149. Notice of deposit. 34
150. Payment of deposited rent. 34
151. Determination of reasonable rent. 34
152. Factors for determination of reasonable rent. 34
153. Date from which the order for reasonable rent to take effect. 34
154. Commutation of rent payable in kind. 34
155. Manner of inquiry. 34
156. Passing of an order. 34
157. Receipt for payment of rent. 35
158. Presumption regarding incomplete receipt. 35
159. Eviction of under-raiyat. 35
160. Application for restoration of possession of land to under-raiyat. 35
161. Disposal of application. 35
162. Declaration of non-resumable land of under-raiyat. 35
163. From and manner of application under section 123(1). 36
164. Application for surrender of land by an under-raiyat. 36
165. C o m p e n s a t i o n t o r a i y a t . 3 6
166. Application for surrender of land by an under-raiyat. 36
167. Payment of compensation to raiyats. 37
168. Payment of compensation by nder-raiyat. 37
169. First option to purchase. 37
CHAPTER XI
Acquisition of estates and of the Rights of Intermediaries therein.
170. Manner of publication of notification under section 134. 38
171. Value of produce building and structures. 38
172. Service of the order of the Collector under section 137 38
and form as statement referred to therein.
173. Procedure for search and seizure. 39
174. I n s p e c t i o n . 3 9
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RULES:
CHAPTER XII
Assessment and payment of Compensation.
175. Collection of information by the Compensation Officer. 39
176. Procedure on return being filed. 39
177. Procedure when returns submitted to more than one officers. 40
178. Commutation of rents in kind. 40
179. Manner of payment perpetual annuity. 40
180. Manner of making claims by a creditor. 40
181. Preparation of compensation assessment roll. 41
182. Preliminary publication of compensation assessment roll. 41
183. Final publication of the compensation assessment roll. 2
184. Manner of payment. 42
185. Payment of compensation. 42
186. Register of payment. 42
187. Ad-interim compensation. 42
188. Application for ad-interim compensation. 43
189. manner of keeping in deposit disputed ad-interim compensation money. 43
CHAPTER XIII
Ceiling on Land Holdings.
190. Submission of return. 43
191. The agency through which information may be collected under section 166. 44
192. V e r i f i c a t i o n e t c . 4 4
193. Preparation of list. 44
193A. Consideration of any land so transferred or portioned. 44
194. Selection of excess land out of transferred land. 44
195. Publication of list for obj e c t i o n . 4 5
196. Application for restoration. 45
197. Manner of publication under sub-section 3 of section 170. 45
198. Calling information for determining compensation. 46
199. Verification of information furnished. 46
200. Omitted. 46
201. Compensation for structure and buildings. 46
202. Apportionment of compensation between the raiyat and under-raiyat. 46
203. Recovery of compensation from under-raiyat or mortgagee. 47
204. Determination of compensation. 47
205. Payment of compensation. 47
206. Application of Schedule IV. 47
207. Register of compensation. 48
208. Payment of compensation to charge holders. 48
209. Acquisition of excess land after endorsement of section 164. 48
210. Demarcation of excess land. 48
211. Application for exemption. 48
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RULES;
CHAPTER XIV
Prevention of Fragmentation.
212. Declaration under section 182 (2). 49
CHAPTER XV
General and Miscellaneous.
213. Restoration of possession. 50
214. C o u r t f e e s . 5 0
215. Procedure to be followed by the Collector under section 187. 50
216. Restoration of transferred land to the member of the Scheduled Tribe. 50
SCHEDULES.
I. Forms. 52-112
II. The inspection and grant of certified copies of Revenue Records. 113-117
III. Procedure of Revenue Courts. 118-128
IV. Payment of compensation. 128-130
V. Court Fees. 131-133
GOVERNMENT OF TRIPURA
REVENUE DEPARTMENT
LAND REFORMS
NOTIFICATION
No. 74(14)-Rev/60-13th April 1960-In exercise of the pow ers conferred by sections 98, 132,
161, 184 and 197 of the Tripura Land Revenue and Land Reforms Act, 1960 (Act 43 of
1960) and all other powers in th is behalf, the state Governme nt is pleased to make the
following rules, namely:-
THE TRIPURA LAND REVENUE AND LAN REFORMS RULES, 1961.
CHAPTER 1
PRELIMINARY
1. these rules may be called the Trip ura land Revenue and Land Reforms
Rules, 1961.
Short title
2. In these rules, unless there is anything repugnant in the subject or context: Definitions
(a) ‘Act’ means the Tripura Land Revenue and Land Reforms Act, 1960.
(aa) 2 ‘Competent authority’ shall have the same meaning assign to it as in the
Act.
(b) ‘From’ means any of the forms given in schedules 1, II and IV or a
translation thereof in the Bengali Language published under the
authority of the 3 [State Government]
(c) ‘Last settlement’ with reference to any local area means the last
general revision of the land revenue demand of that area carried out
in accordance with the provisions of the Act or any other act for the
time being in force:
(d) ‘Schedule’ mans any of the schedules to these rules; and
(e) ‘Section’ means section of the Act.
3. The distance of a nearby vi llage referred to in explan ation I to clause (p) of
section 2 shall not exceed 8 kilometres from the village in which the land is
situated, such distance being reckoned by the route normally used for journeys
between the two villages.
Distance of a near by
village for purpose of
personal cultivation
1. Substituted by the North-eastern Ares (Reorganisation) (Tripura)
Adaptation of laws order, 1973.
2. Inserted by 5 th amendment vide notificati on No. F. 39(26)-Rev/74 dated
18.11.74.
3. Substituted by The North-Eastern Areas (Reorganisation) (Tripura)
Adaptation of laws order, 1973.
CHAPTER II
General Power of Revenue Officers
4. The Collector shall have the powe r of general superintendence and
control over al other officers subordin ate to him and shall also have
power to all cater work among them.
General powers of the
Collector
5. The Survey and Settlement Officer sh all, subject to the exercise of
powers by the Director of Settlement and Land Records have general
superintendence and control over ot her officers doing the survey and
settlement work and shall also provided for the distribution of work
among them. He may transfer any case or work from one such officer to
another having competence to dispose of that case or work.
General powers of Survey &
Settlement officer
Decision of dispute
referred to in section
11(3) 6. Save as otherwise provided by the act, any revenue officer may exercise
any power pr discharge any functi on which may be exercised or
discharged, as the case may be, by any officer subordinate to him.
CHAPTER III
Land and Land Revenue
Decision of dispute
referred to in section
11(3) 7. Any dispute referred to in sub-secti on (3) of section 11 shall be decided
after a summary inquiry in the manner laid down in schedule III. o
8. Subject to the provisions of section 12,
(i) all trees, brush wood, or other natural products growing on
the road side shall be preserved or disposed of by the forest
department or the authority havi ng charge of the road as may
be directed by the 1[State Government] and
Preservation and
disposal of trees,
jungles etc. (ii) all trees, brush wood, jungles and other natural products,
except in so far as the same may be the property of any
person, shall be preserved or disposed of by the Forest
Department in accordance with the forest rules for the time
being in force.
9.(1) Whenever it appears necessary to the Collector, that any land should
be set apart under section 13 for pastur age for cattle of a ny village or
villages, he shall cause such land to be demarcated with temporary
boundary marks and, if it has not been already cadastrally surveyed, shall
cause a map of it to be prepared on the scale of sixteen inches to a mile.
Survey and
demarcation of
pasturage
(2) The Collector shall then cause a notice in form 1 to be published
declaring his intention to set apart the land and inviting objection, if any,
within thirty days from the date of publication of the notice.
(3) The notice shall be published –
(i) by beat of drum in the village;
(ii) by affixing a copy in some conspicuous place in the village;
and
(iii) by affixing a copy on the notice board of the Court House of
the issuing officer.
1. Substituted by the North-Eastern Ares (Reorganisation) (Tripura)
Adaptation of laws order, 1973.
10.The Collector shall receive and enqui re into any abjection which may be
presented to him within the period prescr ibed in rule 9 and on such enquiry
may add any available adjacent land to the proposed pasturage of remove
any land from it or confirm the proceedings.
Hearing of
objections
11. Any objection received under rule 10 shall be heard and disposed of after
a formal inquiry in the manner laid down in Schedule III;
Disposal of
objetions
Provided that the Collector may conso lidate and hear all the objections
together.
12. As soon as may be after the disposal of the objections under rule 10, or
when no such objection has been recei ved within the prescribed period,
after the expiry of that period, the Collector sha ll cause to be published
in the manner prescribed in sub-rule (3) of rule 9 a final notice declaring
the land to be set apart for pastur age for the cattle of the village or
villages. He shall also cause the past urage specified in the notice to be
entered in the register of pasturage and the boundaries to be demarcated
with such boundary marks as he may deem suitable.
Declaration of
pasturage
Use of pasturage 13. After the declaration under rule 12 the land may be used as pasturage for
the cattle of the village or villages for which it has been set apart;
provided that the Collector may, with a view to ensuring proper
utilization of the land, prescribe the conditions subject to which the
pasturage may be used.
Cancellation or
modification of
declaration under
rule 12
14. The Collector may at any time modi fy or cancel the declaration under
rule 12 and the provisions of rules 9 to 12 shall mutates mutandis apply
to such proceedings.
15. The Collector may ordinarily set apar t an area not exc eeding 5% of the
land constituted within a village for community purposes and the
provisions of rule 9 to 14 shall mutates mutandis apply thereto.
Setting apart of land
for community
purposes
16. The Collector may, in consultation with the Head of the Forest
Department. Set apart land to be c onstituted as a Protected Forest or
Reserve Forest in the manner laid down in the Indian Forest Act, 1972
(XVI of 1927).
Setting apart land
for Forest Reserve
17. (1) Where the State Government has entrusted the management of any
land belonging to the Government to the Gram Panchayat of a village, an
appeal against the order of allotment of land passed by the gram
Panchayat shall lie to the Sub-divisional Officer in whose jurisdiction the
land is situated.
Management of
land by Gram
Panchayat
(2) The Sub-Divisional Officer may ei ther on his 0wn motion or on the
application of any party call for the record of a ny proceedings of a Gram
Panchayrt for allotment of land for the purpose of satisfying himself as to the
legality or the propriety of any or der passed by such Gram Panchayat and
may pass such order in reference thereto as he thinks fit.
18 (1) Before ordering eviction of a pe rson under sub-sectio n (1) of section
15 the competent authority shall issu e a notice to hi m requiring him to
show cause within a period to be specified in the notice why he should not
be evicted from the land.
Procedure for
summary eviction
(2) If the person concerne d filed an objection within the period specified in
the notice or such extended period as may be allowed by the competent
authority it shall hold a summary inquiry in the manner laid down in
Schedule III
(3) If the person concerned files no object ion within the time so allowed or
if after inquiry the competent authority finds that the pers on is a trespasser it
shall order his eviction and shall also re quire him to remove any building or
other construction erected of any ti ng deposited on the land within a time
specified in the order.
Exemption from land
revenue 19. The 1[State Government] may subject to such conditions as he may
specify in the order to ensure for proper utilization of the concession,
exempt any land from the liability to the payment of land revenue in any of
the following cases:-
(i) where the person holding land is a public body or an institution
established exclusively for a religi ous educational or a charitable
purpose, or a person holding under a trust or an endowment or other
legal obligation exclusively for a propose which is charitable,
educational or religious;
(ii) Where waste or unproductive land is sought to be brought under
cultivation; and
(iii) Where in the opinion of the
2[State Government] exemption from
land revenue will be in public interest.
20. * Deleted.
Application for
remission of land
revenue
21. An application for remission of land revenue for the land lost by diluvion
may be made to competent authority in plain paper within one year of
diluvion.
22. * Deleted.
Diversion of land
to agriculture rural
purpose
23. (1) When land assessed for use for a purpose other than agriculture is
divert to an agricultural purpose th e assessment shall be equal to the
assessment of the land for agricultura l purpose, as fixed at the last
settlement.
(2) When there has been no such assessment for agricultural purposes, the
assessment shall be fixed at the rate adopted for similar soil class in the
same village or in a neighboring village at the last settlement.
Diversion of to
other purpose
24. If any land held for one purpose is diverted to any other purpose except
agriculture, the assessment theron shall be revised in accordance with any of
the methods specified below according to the circumstances of the case, viz:-
(i) in the area in which the land is situ ated has an assessment rate for
the land used for that purpose as confirmed by the 1[State
Government] under sub-section (1) of section 34, then in accordance
with such revenue rate;
(ii) if there be no revenue rate in fo rce as aforesaid then the Collector
may assess the revenue at a rate not exceeding 3% of the value of
such land.
25. In fixing the actual assessment of a plot of land, the area thereof
measuring less than
2[0005 hectares shall be taken to be .0005 hectare.]
Calculation of
fraction
1&2 Substituted by the North-Eastern Areas (Reorganisation) (Tripura)
Adaptation of laws Order, 1973
* Deleted by 13th Amendment dated 29th January, 1981.
1. Substituted by the North-Eastern Area (Rorganisation) (Tripura)
Adaptation of laws Order, 1973.
2. Substituted by T.L.R. & L.R. (6
th Amendment) Rules, 1961.
26. Remission or suspension of land revenue may be granted— Remission of
suspension of
land revenue
(a) in the event of failure of crops due do—
(b) widespread calamities such s famine, draught, etc.;
(c) local calamities such as hail, floods , locusts and similar visitation;
and
(d) in case in which crops could not be grown in any area in
consequence of an order made under any law by a competent
authority.
27. Ordinarily relief shall take the form of suspension of revenue. Remission may
be granted if later conditions justify such course.
Relief in
widespread
calamities
Remission when
to be allowed
28. (1) In cases of wider spread calamities, the degree of relief shall be the same in
each village or homogeneous tract, and no attempt shall be made to differentiate
between the circumstances of individuals.
(2) Relief shall be calculated according to A Scale or B Scale according to the
previous revenue history of the tract. A Scale shall be used in village whose
revenue history in normal and B Scale in those which have suffered from recent
crop failures.
A Scale
State of Crop Degree of relief
(1) (2)
40 percent or above NIL
Less than 40 percent but
Not less than 25 percent but not Half
less than 25 percent
Less than 25 per cent Full
B Scale
50 percent or above Les than 50 percent but Nil
not less than 40 percent
Less than 40 per cent Full
In calculation the percentage of out-tur n for each village, any shortage in the
cropped area as compared with the es timated normal shall be taken into
consideration.
Relief in local
calamities
29. The foregoing rule shall apply in the cases of local calamities subject to the
following modification, namely:-
(a) relief shall be granted to individuals varying accord ing to the damage done to
the total holding of each; and
(b) relief shall be granted on B Scale, if any general suspension of revenue was
granted in respect of the previous yea r’s crops in the village, otherwise on A
Scale.
Relief in case of
orders, by court
etc.
30. (1) Remission of land revenue in any area in which crop could not be grown in
consequence of an order made under any law by a competent authority may be
allowed according to the following scale, namely:--
State of area allowed Degree of
To remain fallow. (2)
(1)
(i) if mare than half the area allowed to
remain fallow was cultivated during the
previous year. Full
(ii)If less than half the area allowed to Half
Remain fallow was cultivated during the Previous year.
(2) Relief under sub-rule (1) shall be determined for individual holding separately.
Announcement of
relief
31. The 1[State Government] may sanction suspension, remission or re-
suspension, as the case may be, to such ex tent as may be considered necessary on
receipt of sanction, the Coll ector shall cause the nature of relief to be announced
to all concerned before the installment of revenue, to which it related, falls due.
32. If it appears probable that orders of the 2([State Government] cannot be
received in time to allow announcement before due date the Collector may pass
orders staying the realization of the amount of land revenue pending orders of the
3[State Government]
Stay orders by
Collector
33. (1) No land revenue which has been su spended shall ordina rily be collected
until the next crop, corresponding to the one which failed, has been harvested in
the effect tract.
Collection of
suspended land
revenue
(2) As the character of each successive harvest becomes known, the State
Government shall determine the amount of the suspended land revenue to be
collected along with the ordinary demand and shall announce it before the date
fixed for the payment of revenue. The amount of suspended land revenue to be
collected, if any, shall be equal to one fort h, one half or the whole of the year’s
demand as the circumstances may justify.
34. Suspended land revenue maybe remitted in whole or in part:--
Remission of
suspended land
revenue
(a) when the revenue which it is sought to remit has been suspended for three
years; and
(b) in cases where it is clear from the c onditions of the tract that it would be
inadvisable to collect the suspended or part of it.
1[34(A)/ In addition to or in liew of the forms of relief here in before mentioned
the Administrator may, if the circumstances justify, direct that the arrears of land
revenue due for any past year or year or ye ars in respect of any area or areas shall
be payable in such installments and as such times as may be specified in the
direction. On the receipt of such direction the Collector shall cause the nature of
relief to be announced to all concerned be fore the installment of revenue to which
it relates falls due]
35. (1)
2[for every amount of land Revenue Collected by a revenue officer, a
receipt along with a coupon in form 2 duly filled in shall be given to the person
from whom the amount is received.
Form of receipt for
land Revenue
(2) Carbon copy of every receipt under sub-rule (1) excluding the coupon shall be
maintained by the revenue officer and both the original and the carbon copy
thereof shall be signed by the person ma king payment and the revenue officer
receiving the amount.]
1. 2&3 Substituted by the North-Eastern Areas (Reorganisation) (Tripura)
Adaptation of laws Order, 1973.
1. Inserted by 3 rd amendment vide notificati on No. 39 (167)-Rev/69 dated
17.9.79.
2. Substituted by 8th amendment vide notificati on No. F.39 (63)/Rev/75 dated
30.3.76.
(3) The inspecting revenue officer whenever visits a village shall collect (at
random coupon attached to the receipt gi ven to land owner under sub-rule (1)
and after verifying the coupons paste thes e at the blank space of the respective
carbon copies of the receipts.
CHAPTER –IV
Survey and Settlement of Land Revenue
36.1[(1) For the purpose of determining th e profits of agriculture and the value
of land used for agricultural and non-agri cultural purposes, at such intervals as
the State Government may direct, the Colle ctor or any other revenue officer as
may be authorized by the Government may devide an area in to units in
accordance with the provisions in this re gard in section 32 of the Act and rules
made there under.
Profits of
agriculture and
value of land
Provided that the units once formed either for the pur pose of determination of
revenue rates or for the pur pose of determination of profits of agriculture and
value of land used for agricultural and non-agricultural purposes may be treated
as unit for the purpose.
(2) The profits of agriculture of land in nit shall be the average profits of
agriculture for Nal and Lunga classes of land in nit, determined on the basis of
enquire on plots selected on samples base.
(3) The profits of agriculture shall be computed after detucting the estimated
cost of cultivation from the market va lue of the products an d bye-products, the
market value being calculated on the average of sale prices prevailing in
important markets in the neighborhood during the preceding three years or
during any shorter period for which information is available]
37.
2[(1). Collector or any other revenue officer, as may be authorized by the
Government shall, after determination of the profits of agriculture and value of
land in a unit, prepare a table of profits of agriculture and value of land in frok
4B and publish the same by placing it for public in form 4B and publish the
same by placing it for public inspection free of charge during a period jof thirty
days at such convenient pl ace as he may determine a nd cause a public notice in
form 4C to be given to that effect in such village compressed in the unit to
which the table relates, stating the place at which the table will be open to such
inspection and inviting objections, if any, to be made within thirty days of the
date of publication of the notice.
Publication of table
of profits of
agriculture and value
of land
(2) Any objection to any entry in the table of profits of Agriculture and value of
land filed within the prescribed period shall be heard in a summary manner after
giving an opportunity to the objector of being heard and decision recorded.
1. Substituted by 11 th Amendment vide notification No. F.4(1)-
RCC.79 dated 28.8.79.
2. Ibid.
(3)After disposal of all objection (s) under sub-rule (2) and after the entries of
the table are corrected where necessary in accordance with the orders passed in
the objections, the Collector or any other revenue o fficer authorized by the
Government shall finally publish the ta ble by placing it for public inspection
free of charge during a period of fifteen days at such convenient place or places
as he may determine and he shall cause a not ice in form 4D to be given to that
effect in each village to which the ta ble relates stating the place where and the
period during which it will be open to public inspection.
(4) The Collector or any other revenue officer authorized by the government
shall maintain a register of value of land as well as of prof its of agriculture on
the basis of finally published table under sub-rule (3).]
38.
1[Omitted]
39. (1) Whenever the 2[State Government] 3[Omitted] decides under section 26
that a revenue survey be made of a local area with a view to settlement of land
revenue and to the preparation of record of rights connected therewith or the
revision of any existing settlement or r ecord of rights, he shall publish in the
Official Gazette a notification in form 3.
Notification and
proclamation of
revenue survey
(2) Thereafter, but before the survey starts in any village, proclamation in form
4 shall be made in that village and in village contiguous thereto.
Revenue survey
and preparation of
record of right
40. After the proclamation has been made proceedings for revenue survey and
preparation of record of rights shall be taken in acco rdance with the provisions
of chapter V with the following modifications, namely:--
(i) Proceedings shall simultaneously be taken for the preparation
and publication of the table of revenue rates;
(ii) For the purpose of determining the revenue rates, the area shall
be divided into units (hereinaft er called assessment units) in
accordance with the provisions of section 32 and these rules;
and
(iii) Before the attestation mentioned at item (vi) of rule 56 starts,
the table of revenue rates shall be finally published and the
assessment of each holding shall be calculated in accordance
with that table and entered in the draft of the record-of-rights.
Assessment unit 41. Subject to the provisions of section 32—
(a) the assessment unit shall as for as possible—
(i) include a compact area;
(ii) be homogeneous in geographi cal, agriculture and economic
conditions; and
(iii) be coterminous with a block of physical division; and
1. Omitted by T.L.R.& L.R.(11th Amendment) Rules 1979.
2. Substituted by the North-Eastern Areas (Reorganisation)
(Tripura) Adaptation of laws Order, 1973.
3. Omitted by 13
th Amendment dated 29.1.81.
(b) The assessment nit of land within a m unicipality or cantonment, area shall
be the area comprised within a municipa l ward or the cantonment, area shall
be the area comprised within a municipal ward or the cantonment as the case
may be:
Provided that the survey and Settlement Officer may combine the area under
two or more municipal wards into one assessment unit or sub-divide a
municipal ward or cantonment area into more than one assessment unit.
42. The revenue rate of any class of land shall not exceed—
Maximum
revenue rate
(i) in case of agricultural land, one-eight value of the yield of the land.
(ii) In case of other land 3% of the market value of the land.
Form of table of
revenue rates.
43. The table of revenue rates of land revenue per acre again different classes
of agricultural and non-agriculture land in the unit and shall be in From 5.
Annexure to table of
revenue rates.
44. To the table of revenue rates shall be annexed—
(i) a map of the assessment unit showing the village;
(ii) a set of tabular statement, showing the results of crop cutting
experiments, costs of cultivation, present and past classification if any,
corps grown, and the proposed rates.
Publication table of
revenue rates
45. The Survey and settlement Officer or the assistant survey and Settlement
Officer shall publish the table of re venue fates under sub-section (1) of
section 33 by placing it for public inspection free of charge during a period of
thirty days at such convenient place as he may determine and cause at public
notice in Form 6 to be given to that effect in each village comprised in the
assessment unit to which the table relates, stating the place at which the table
will be open to such insp ection and inviting objecti on, if any to be made
within thirty days of the days of publication of the notice.
Disposal of objection 46. Any objection to any entry in the ta ble of revenue rates filed within the
prescribed period shall be hard in a summary manner and decision recorded.
47. The
1[State Government] may by an order direct alteration of revision of
revenue rates under clause (a) of sub-s ection (2) of section 37 when in its
opinion the circumstances have so Changed as to cause substantial increase or
decrease in the yield or prices of crops generally or in a particular area.
Alteration or revisions of
revenue rates
48. The revised revenue rates of different classes of land sh all bear the same
ratio to the old revenue rates of that corresponding class of land as— Ratio between old and
new revenue rates
(i) in case of agricultural land the av erage profits of agriculture of that
class of land during the preceding three years bear to the average
profits of agriculture of that or corresponding class of land at the time
of the last determination of revenue rates;
1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura)
Adaptation of laws Order, 1973.
(ii) in case of non-agricultural land the average market value of that class of
land obtaining during the preceding three years bears to the average
market value of that or corresponding class of land obtaining at the time
of the last determination of revenue rates;
Provided that the revenue payable in respect of any land shall not be
increased or enhanced under these rule s so as to exceed by more than
twelve and a half per cent of the revenue previously payable in respect of
that land.
49. (1) As soon as the work of survey and settlement of land revenue has sufficiently
advanced to enable the survey and Settlement Officer to state approximately what will
be the total cost incurred and the cost le viable from persons holding land or having
interest therein and how in his opinion the sh are to be paid by persons holding land or
having intrest therein should be borne, he shall submit fo r orders of the
1[State
Government] the principles on which he proposes to make apportionment. The
proposals shall be submitted in good time before final publication of records of rights.
Liability on
individual for
costs
50. (1) Liability of individuals for cost s shall be fixed on the basis of the
area of land held by them or in which they have interest and for this purpose
the fraction of an acre shall be deemed to be an acre.
(2) When the area of waste land or uno ccupied land is extensive separate
rates per acre may be fixed for the land and the other land.
Apportionment of liability
of costs and notice
thereof
51. When the 1[State Government] has approved the principals of
apportionment of the cost, the survey and Settlement Officer shall cause
each person to be served with a notice in such manner s the 1[State
Government] may from time direct of the amount payable by him and the
period within which it should be deposited.
52.(1) A separate settlement register shall be prepared for village.
(2) It shall contain the following particulars:--
(i) Mark list (list of trijunction and boundary and survey marks);
(ii) Index of plot numbers and khasra;
(iii) Assessment of each holding;
(iv) Rent Roll (List of revenue rates for different soil classes in the
village);
(v) Classified statement of raiyats and their nder raiyats;
(vi)
3[Crop inspection Register in such Form as the State Government
may direct];
(vii) Register of lands held by Government and other local bodies;
(viii) Statement showing the classifications of cultivated lands and
culturable waste;
1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation
of laws Order, 1973.
1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation
of laws Order, 1973.
2. Substituted by 13th Amendment dated 29.1.81.
(ix) Revenue free lands;
(x) List of lands in which pub lic hare common fight of easement;
(xi) Agricultural stock statement;
(xii)
1[Omitted]
(xiii) Cadastral village map;
(xiv) A village note containing the following:--
(a) Situation and physical features;
(b) Soil classes;
(c) Tehsil, Circle Officer’s, Circle, Sub-division, District, Station, Post &
Telegraph Office to which attached);
(d) Human and cattle population;
(e) Customary rights of the villagers;
(f) Main crops;
(g) Method of cultivation;
(h) Drinking water tanks wells and other sources of drinking water;
(i) Schools and college;
(j) Community festivals and religion;
(k) Hospitals and dispensaries;
(l) Pasture land;
(m) Burial and cremation ground;
(n) Natural products and mines, if any,;
(o) Village officer;
(p) Trade, communication and marking facilities;
(q) Crafts and industries;
(r) Temples, mosques and other notable objects;
(s) Rural indebtedness, economic conditions, use of excisable goods;
(t) Rain-fall;
(u) Such other information as may be considered necessary and usefull.
1. Omitted by 13th Amendment dated 29.1.81
CHAPTER V
LAND REDORDS
53. (1) The record of right shall consist of a statement of rights in from 7,
hereinafter referred to as the ‘Khatian’ Records of rights
(2) There shall ordinarily be a separate Khatian for each person interested or
group of persons jointly interested in the land an the Khatian shall show the rights
and liabilities of each such person.
Khasra 54. There shall be prepared in Form 8 a Field Index or Khasra’ arranged
according to the serial numbers of the plots in the village.
55. Before the preparation of revision of record-of-rights is taken up there shall be
the notification and the proclamation as stated in rule 39.
Notification and
proclamation
56. (1) When a notification has been so published and the proclamation made, the
revenue survey shall be conducted and the record of rights shall be prepared
or revised by the following stages, namely:-
Stages of revenue
survey and
preparation of
records of rights (i) demarcation of village boundaries;
(ii) traverse survey;
(iii) cadastral survey (or Kistwar);
(iv) preliminary record writing (Khanapuri);
(v) local explanation (or Bujharat);
(vi) attestation including determination of rent or revenue of tenancies
and holding (or jamabandi);
(vii) publication of the draft record of rights;
(viii) disposal of objections under sub-section (1) OF section 43 and
(ix) preparation and publication of the final record of rights under sub-
section (2) of section 43;
Provided that any of the stages referre d to in items (i) to (v) may be
omitted or amalgamat with another by an order of the 1[State
Government]:
Provided further that if the Survey and Settlement Officer is of the
opinion that there has been a material irregularity of the draft of the
record of rights direct that the proceeding shall be taken denovo from such
stage as he may direct, but not so as to set aside any proceeding relating
to determination of revenue rates af ter the publication of the table under
sub-section (1) of section 33.
1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura)
Adaptation of laws Order, 1973.
2. From No.7(khatian) is substituted by fifteenth amendm ent of rules,
1993 vide Notification No. F.4(37 )-RCC/93 Dated Agartala, the 22 nd
November, 1993.
Notification for
assistance
57. Before each of the first four stages, name ly, demarcation of village binderies,
traverse survey, kistwar and Khanapuri, a general notice shall be served in the
village in Form 9 informing the hold ers of land of the probable dates of
commencement of each of the stages a nd requiring their attendance to assist
the revenue officer employed on work in any matter incidental to any of the
above stagExcerpt shown. Open the full act in Lexace.