LexThe TLR&LR Act. 1960
Tripura · state statute
Open in Lexace · Ask the AI about this act THE TRIPURA LAND REVENUE AND
LAND REFORMS ACT,1960
NO. 43 of 1960
[ 21st September, 1960]
An Act to consolidate and amend the law relating to land revenue in the 1
[State] of Tripura and to provide for the acquisition of estates and for certain
other measures of land reform.
Be it enacted by Parliament in the Eleventh Year of the Republic of India as
follows: -
PART 1
Chapter 1. —Preliminary
1. (1) This act may be called the Tripura Land Revenue and Land Reforms
Act, 1960.
(2) It extends to the whole of the 2[State] of Tripura.
(3) It shall come into force on such date as the 3[state Government] may,
by notification in the Official Gazette, appoint; and different dates may be
appointed for different areas and for different provisions of this Act.
2. In this Act, unless the context otherwise requires, -- (a)4 [Omitted]
(b) “ agriculture” includes horticulture, the raising of annual or periodical
crops or garden produce, dairy farming, poultry farming, stock breeding,
grazing and pisciculture;
i) After clause (b), the following clause shall be inserted namely: -
12[bb) “ Bargadar ’ means a person who under the system generally known as
adhi, barga, bhag or any other term cultivates the land of a r aiyat for a
continuous period of at least 10 (ten) consecutive years, which is recogniz ed
by a revenue officer not bel ow the rank of Coll ector on condition of paying
therefore rent in cash or in kind or delivering a share of the pro duce.
Short title, extent,
and commence ment
Definitions
ii) In clause (c), for the words “two standard acres”, the figure , mark and words
“0.80 standard hectares” shall be substituted;
iii) In clause (h), for the figure, mark and words “6.4 standard acres”, the figure,
mark and words “2.50 standard hectares” shall be substituted;
iv) For the existing clause (u), the the following shall be substituted, namely:-
“(u) “standard hectare” means one hectare of ‘lunga’ or ‘nal’ or three hectares
of ‘tilla’ land”,;
v) 12[“Under Raiyat” means a person who cultivates or holds the land of a raiyat for
a continuous period of at least 10 (ten) consecutive years, which is recognized
by a revenue officer not bel ow the rank of Collector under an agreement,
on condition of paying therefore rent in cash or in kind or delivering a share of
the produce. ]
(c) “ basic holding” means land used for agricultural purposes which is equal to
6 [0.80 standard hectare] in area;
1. Amended by the North -Eastern Areas (Reorganization ) Tripura Adaptation of
Laws Order, 1973.
2. Amended ibid.
3. Amended ibid.
4. Amended ibid.
5. Amended by the Second Amended Act, 1974.
6. Amended ibid.
7. Amended by twelfth Amendment Act, 2021
2
(d) “District Magistrate & Collector” means the District Magistrate & Collector of the
district and includes any officer appointed by the 1[State Government] to exercise
and perform all or any of the powers and functions of a District Magistrate &
Collector under this Act;
(e) “commencement” of this Act”, in relation to any provision, means the date
specified in respect of t hat provision in a notification under sub -section (3) of
section 1;
(f) “ competent authority”, in relation to any provision, means any officer appointed
by the 2[State Government] to be the competent authority for the purpose of that
provision;
(g) “ family” except in Chapter XIII means, in relation to a person, the wife or
husband of such person, his children grand-children, parents and brother, and in the
case of a Joint Hindu family, any member of such family;
(h) “family holding” means land used for agricultural purposes which is equal to
3[2.50 standard hectares] in areas;
(i) “Government” means the State Government :
(j) “holding” means a parcel of land separately assessed to land revenue;
(k) “ improvement”, in relation to any land, ,means any work which materially adds
to the value of the land and which is suitable to the land an consistent with the
character thereof and includes--
(i) the construction of tank, wells, water channels and other works for the storage,
supply and distribution of water for agricultural purposes or for the use of man and
cattle employed in agriculture;
(ii) the construction of works for the drainage of l and or for the protection of land
from floods or from erosion or from other damage by water;
(iii) the preparation of land for irrigation;
(iv) the conversion of one -crop into two -crop land;
(v) the reclaiming, clearing, enclosing, leveling or terracing of land used for
agricultural purposes;
(vi) the erection on land or in the immediate vicinity thereof otherwise than on the
village site, of a building or house for the occupation of the under -raiyat, his
family and servants or of a cattle shed, a store -house or other construction for
agricultural purposes or of any building required for the convenient or profitable
use of occupation of the land; and
1. Amended by the Non -Eastern Areas (Reorganisation) (Tripura) Adaptation of
Laws Order, 1973.
2. Amended ibid.
3. Amended by the Second Amendment Act, 1974.
4. Amended by the Tenth Amendment Act, 2013
3
(vii) the renewal of re construction of any of the foregoing works or such
alterations therein of additions thereto as are not of the nature of ordinary repairs;
(l) “minor” means a person who is deemed not to have attained majority under the
Indian majority act, 1875;
1[(ll) “non-agricultural tenant’ means a persons who holds land for purposes
other than agriculture paying land revenue to the Government;]
(m) “ Official Gazette” means the Tripura Gezette;
(n) “ pay” “payable” and “payment’, used with reference to rent include
“deliver’, “deliverable” and “delivery” ;
(o) “ person under disability” means—
(i) a window;
(ii) a minor;
(iii) a woman who is unmarried or who, if married, is divorced of judicially
separated from her husband o r whose husband is a person falling under item (iv)
or (v);
(iv) a member of the Armed Forces of the Union;
(v) a person incapable of cultivating land by reason of some physical or mental
disability;
(p) “ personal cultivation”, with its grammatical variations and cognate
expressions, means cultivation by a person on his own, account --
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by servants of by hire d labour on wages, payable in cash or in kind
but not as a share of produce, under his personal supervision or the
personal supervision of any member of his family;
Explanation 1. —Land shall not be deemed to be cultivated under the personal
supervision of a person or a member of his family unless such person or member
resides in the village in which the land is situated, or in a nearby village situated
within a distan ce to be prescribed, during the major part of the agricultural season;
Explanation II. —In the case of a person under disability supervision by a
paid employee on behalf of such person shall be deemed to be personal supervision;
1. Amended by Third Amendment Act. 1975.
1[Explanation III. —The term ‘family’ shall have the same meaning as in chapter
XIII of the Act]
(q) “ prescribed” means prescribed by rules made under this Act.
(r) “public purpose” includes a purpose connected with allotment of land to
cultivators, under -raiyat s ejected as a result of resumption, land -less agricultural
workers or co -operative farming societies;
(s) “ raiyat” means a person who owns land for purposes of agriculture paying land
revenue to the Government and includes the successors -in-interest of such person;
(t) “ rent” means whatever is lawfully payable, in money or in kind, or partly in
money and partly in kind, whether as a fixed quantity of produce or as a share of
the produce, on account of the use or occupation of land or on account of any right
in land but shall not include land revenue;
2[(u) “ standard hectare” means one hectare of ‘lunga’ or ‘nal’ or three hectares of
‘tilla’ land;]
4
(v) “ under-raiyat” means a person who cultivates or holds the land of a raiyat under
an agreement, express of implied, on condition of paying therefore rent in cash or in
kind or delivering a share of the produce and includes 3[a bargadar].
(w) “ village” means any tract of land which, before the commencement of this Act,
was recognised as or was declared to be a village under any law for the time being
in force or which may after such commencement be recognised as a village at any
settlement or which the 4[State Government] may, by notification in the Official
Gazette, declare to be a village;
(x) “year” means the agricultural year commencing on such date as the 5[State
Government] may, in the case of any specified area, by notification in the Official
Gazette, appoint.
1. Amended by Fifth Amendment Act, 1979.
2. Amended by Second Amendment Act, 1974.
3. Amended ibid.
4. Amended by the North Eastern Areas ( Reorganization ) (Tripura)
Adaptation of Laws Order, 1973.
5. Amended ibid.
5
PART II
Chapter II – Revenue divisions, revenue officers and their appointment.
3. (1) The 1[State Government] may, by notification in the Official Gazette, divide the
State of Tripura into one or more districts, and may similarly divide any district into sub -
divisions, circles and tehsils, and may alter the limits of, or abolish, any district, sub-
division, circle or tehsil.
(2) The districts, sub -divisions, circles and tehsils existing at the commencement of this
Act shall continue respectively to be the districts, sub - divisions, circles and tehsils
under this Act unless otherwise provided under sub - section (1)
4. (1) The Government or such other officer as may be authorized by the government in
this behalf may appoint the following classes of revenue officers. namely: -
(a) District Magistrate & Collecto rs,
(b) Director of Land Records and Settlement ,
(c) Additional District Magistrate & Collectors
(d) Sub-Divisional Magistrates ,
(e) Additional Sub-Divisional Magistrates
(f) Survey and S ettlement officers,
(g) Deputy Collector & Magistrates
(h) Assistant S urvey officer s,
(i) Revenue Inspectors ,
(j) Kanungos,
(k) Tehsildars,
Explanation:- The terms (i) “village accountants”, (ii) “assistant survey & settlement officer”,
(iii) “circle officers”, (iv) “sub -divisional officers”, (v) “director of settlement & land records” &
(vi) “collectors” wherever they appear in the Principal Act, sha ll be read & construct as (i)
“Tehsilders”, (ii) “Assistant Survey Officers”, (iii) “Deputy Collector & Magistrates”, (iv) “Sub -
Divisional Magistrates”, (v) “Director of Land Records & Settlement” & (vi) “District Magistrate &
Collectors” respectively.
(2) Notwithstanding anything contained in Sub -section (1) of Section 4 above, the State
Government if it thinks expedient to do so, may engage at any time private individuals to
undertake any of the activities under this Act. In the event of such expediency the State
Government, shall by notification in the official gazette, prescribe the conditions under
which such engagement shall be made.
5. (1) Each district shall be placed under the charge of a collector who shall be in charge
of the revenue administration of the district and exercise the powers and discharge the
duties of the Collector under this Act or any other law for the time being in force and
shall exercise so far as is consistent therewith such other powers of superintendence and
control within the district and over the officers subordinate to him as may from time to
time be prescribed.
(2) Each sub -division shall be placed under the charge of a sub -divisional officer.
(3) Each circle or tehsil shall be placed under the charge of a circle officer or a tehsildar;
as the case may be.
(4) The duties and powers of the sub-divisional officers, the circle officers and other
revenue officers shall be such as may be imposed or conferred on them by or under this
Act or any other law in force for the time being or any general or special order of the
2[State Government] published in the Official Gazette.
1. Amended by the North-Eastern Areas (Reorganization ) (Tripura) Adaptation of
laws order, 1973.
2. Amended ibid.
3. Amended by the Ninth Amendment Act, 2006
4. Amended by the Tenth Amendment Act, 2013
Power to create,
alter or abolish
districts sub-
division, etc.
Appointment or
revenue officers.
Collector and certain
other revenue officers.
Amended by the
Tenth Amendment
Act, 2013
6
Settlement
officers.
Subordination of
revenue officers.
Combination of
officers.
Notification of
appointments.
Seals.
Title of Govt. to
lands. etc.
6. The officers specified in items (b), (d) and (e) of section 4 shall have
power to take cognizance of all matters connected with the survey of land and
the settlement of the revenue -rates and the preparation and maintenance of
land records and other registers and shall exercise all such powers and
perform all such duties as may be prescribed by or under this Act or by any
general or spe cial order of the 1[State Government] published in the Official
Gazette.
7. All revenue officers shall be subordinate to the 2[State Government] and
all revenue officers in the district or a sub -division shall be sub -ordinate to the
Collector or the sub-divisional officer, as the case may be.
8. It shall be lawful for the State Government to appoint one and the same
person to any two or more of the offices provided for in this Chapter, to make
any appointment by virtue of office and also to confer on an y officer of the
Government all or any of the powers and duties of any of the revenue officers
including the Collector.
9. All appointments made under this chapter except appointments of
revenue inspectors, tehsildars and village accountants and other village
officers and servants shall be notified in the Official Gazette.
10. The State Government shall from time to time, by notification in the
Official Gazette, specify the revenue officers who shall use a seal and also the
size and description of the seal which each such officer shall use.
Chapter III. —Land an land revenue
11. (1) All lands, public roads, lanes and paths and bridges, ditches, dikes, and
fences on or beside the same, the beds of rivers, streams, nallas , lakes and
tanks, and all canals and water courses, and all standing and flowing water, and
all rights in or over the same or appertaining thereto, which are not the property
of any person, are and are hereby declared to be the property of the Government.
(2) Unless it is otherwise expressly provided in the terms of a grant made by
the Government, the right to mines, quarries, minerals and mineral products
including mineral oil, natural gas and petroleum shall vest in the Collector whose
order shall, subject to the provisions of this Act, be enjoyment of such rights.
(3) Where any property or any right in or over any property it claimed by or on
behalf of the Government, or by any person as against the Government and the
claim is disputed, such dispute shall be decided by the Collector whose order
shall, subject of the provisions of this Act, be final.
10["Provided that, no such disputed claim by any private person, against the
Government can be filed, after expiry of five years from the date of final publication
of the Records-of-Rights by a Revenue Survey Operation carried out U/s 26 of the
Tripura Land Revenue and Land Reforms Act, 1960 or from the date of
commencement of this Act, whichever is later.
Provided further that the District Magistrate & Collector may entertain such
claim after the expiry of the said period of 5 years, if he is satisfied on the ground, to
be recorded in writing, that the applicant was prevented under extraordinary
circumstances, in preferring such claim in time."]
1. Amended by the North-Eastern Areas (Reorganization ) (Tripura) Adaptation
of laws order, 1973.
2. Amended ibid.
3. Amended by the Tenth Amendment Act, 2013
7
(4) Any person aggrieved by an order made under sub -section (3) or in
appeal or revision there from may institute a civil suit to contest the order within a
period of six months from the date of such order and the decision of the civil court
shall be binding on the parties.
12. (1) The right to all trees, jungles or other natural products growing on land
set apart for forest reserves and to all trees, brush wood, jungle or other natural
product, wherever growing, except in so far as the same may be the property of
any person, vests in the Government, and such trees, brush wood, jungle or other
natural product shall be preserved or disposed of in such manner as may be
prescribed, keeping in view the interests of the people in the area with regard to
the user of the natural products.
(2) All road side trees which have been planted and reared by or under the
orders or at the expense of the Government and all trees which have been planted
and reared at the expense of local authorities by the side of any road bel onging to
the Government vest in the Government.
13. Subject to rules made in this behalf under this Act, the Collector may set
apart land belonging to the Government for pasturage for the village cattle, for
forest reserves or for any other purpose.
14. (1) The Collector may allot land belonging to the Government for
agricultural purposes or for construction of dwelling houses, in accordance with
such rules as may be made in this behalf under this Act; and such rules may
provide for allotment of land to persons e victed under section 15.
(2) The 1[State government] shall have power--
(a) to allot any such land for the purpose of an industry or for any purpose of
public utility on such conditions as may be prescribed, or
(b) to entrust the management of any such land or any rig hts therein to the
gram panchayat of the village established under any law for the time being in
force.
Right to trees,
forests, etc.
Assignment of
land for special
purposes,
Allotment of
land.
2[(3) The rules under sub -sections (1) and (2) for allotment of land shall provide
for giving preference to the members of the co -operative farming societies
formed by marginal farmers, landless agricultural labourers, jumias and members
of the Scheduled Tr ibes and Scheduled Castes in allotting land.]
15. (1) Any person who occupies or continues to occupy any land belonging
to Government without lawful authority shall be regarded as a trespasser and may be
summarily evicted there from by the compete nt authority and any building or other
construction erected or anything deposited on such land, if not removed within such
reasonable time as such authority may from time to time fix for the purpose, shall be
liable to be forfeited to the Government and to be disposed of in such manner as the
competent authority may direct:
1. Amended by the North-Eastern Areas (Reorganization ) (Tripura)
Adaptation of laws order,1973.
2. Amended by Second Amendment Act, 1974.
Un-authorised
occupation of land.
8
Provided that the competent authority may, in lieu of ordering the
forfeiture of any such building or other construction, order the demolition of the
whole or any part thereof.
(2). Such trespasser shall also be liable by way of penalty to pay a
sum which may extend to six times the annual assessment on such land as may
be specified by the competent authority and such sum shall be recoverable in
the same manner as an arrear of l and revenue.
(3) Upon payment of the penalty referred to in sub -section (2), the
trespasser shall have the right of tending, gathering and removing any
ungathered crops.
Liability of land to
land revenue.
Alluvial lands.
“Land Revenue
in case of
diluvion.
16. (1) All lands, to whatever purpose applied, are liable to payment of land
revenue to the Government.
(2) 1 [State Government] may exempt any land from the liability to such
payment by means of a special grant or contract or in accordance with any law
for the time being in force or the rules made under this act.
3[17. All Alluvial lands, newly formed as lands or abandoned beds shall
vest in the State Government free from all encumbrances subject to the
provisions of sub -section (2) of Section 1 8; and in allotting such land the state
Government may give preference to the persons affected by diluvion.
18. (1) If the holding of any person of a portion thereof is lost by
diluvion, the right, title and interest of the holder on the land lost by such
diluvion shall vest in the state Government free from all encumbranches
subject to the provisions of sub- section (2) and the competent authority shall,
on application made by the holder in the prescribed manner o r any suo motu,
remit or abate the revenue of the holding by the amount of revenue assessed
for the land lost by diluvion.
(2) The holder shall, on re -appearance of the land lost by diluvion , at any
time within a period of twelve years from the date of such diluvion have the
right to possession thereof subject to liability to pay such revenue to be
assessed under Section 38 and to other privileges, conditions and restrictions as
were applicable to the holding prior to diluvion of the land provided he applies
for such right to the competent authority within one year of the re-appearance of
the land lost by diluvion.]
19. (1) The assessment of land revenue on any land shall be made or shall be
deemed to have been made, with respect to the use of the land---
(a) for purposes of agriculture;
(b) for industrial of commercial purposes;
(c) as sites for dwelling houses;
(d) for any other purpose.
1. Amended by the North -Eastern Areas ( Reorganization ) (Tripura)
Adaptation of laws order,1973
2. Amended by Second Amendment Act, 1974.
3. Amended by Fifth Amendment Act, 1979.
9
(2) Where land assessed for use for any one purpose is diverted to any other
purpose, the land revenue payable upon such land shall, notwithstanding that the
term for which the assessment may have been fixed has not expired, be liable to be
altered and assessed at a different rate in accordance with the rules made under
this Act.
20.(1) If any person holding land for any purpose wishes to divert such land or
any part thereof to any other purpose except agriculture, he shall apply for
permission to the competent authority who may, subject to the provisions of this
section and to the rules made under this act, refuse permission or grant it on such
conditions as it may think fit.
(2) Permission to divert may be refused by the competent authority only on
the ground that the diversion is likely to cause a public nuisance or that it is not in
the interest of the general public or that the holder is unable or unwilling to
comply with the conditions that may be imposed under sub-section (3).
(3) Conditions may be imposed on diversion for the following objects and
no others, namely, in order to secure the public health, safety and convenience,
and in the case of land which is to be used as building sites, in order to secure in
addition that the dimensions, arrangement and accessibility of the sites are
adequate for the health and convenience of occupiers or are suitable to the
locality.
(4) If any land has been diverted without permission by the holder or by
any other person with or without the consent of the holder, the competent
authority, on receiving information thereof, may impose on the person responsible
for the diversion a penalty not ex ceeding 2[fifty thousand rupees], and may
proceed in accordance with the provisions of sub -section (1) as if an application
for permission to divert has been made.
(5) If any land has been diverted in contravention of an order passed or of
a condition imposed under any of the foregoing sub -sections, the competent
authorit y may serve a notice on the person responsible for such contravention,
directing him, within a reasonable period to be stated in the notice, to use the land
for its original purpose or to observe the condition; and such notice may require
such person to re move any structure, to fill up any excavation, or to take such
other steps as may be required in order that the land may be used for its original
purpose, or that the condition may be satisfied. The competent authority may also
impose on such person a pena lty not exceeding 2[fifty thousand rupees ] for such
contravention, and a further penalty not exceeding 2[one thousand rupees] for each
day during which such contravention continues.
1. Amendment by eighth amendment Act 2000
2. Amended by the Tenth Amendment Act, 2013
Diversion of
land
10
(6) If any person served with a notice under sub -section (5), fails
within the period stated in the notice to take the steps ordered by the
competent authority under that sub-section, the competent authority may itself
take such steps or cause them to be taken; and any cost incurred in so doing
shall be recoverable from such person in the same manner as an arrear of land
revenue.
Explanation -1—“Diversion” in this section means using land assessed
to one purpose for any other purpose, but using land for the purpose of
agriculture where it is assessed with reference to any other purpose shall not
be deemed to be diversion.
2[Explanation -2 : - Notwithstanding anything contained in this
section, in case of diversion of water body, natural or manmade, to any other
purpose, prior permission shall be obtained from the competent authority. ]
Remission or
suspension of revenue
on failure crops.
Responsibility
for payment of
land revenue.
Receipt for
land revenue.
Definitions of
“revenue
survey”
“settlement”
and “term of
settlement”
Inquiry into
profits of
agriculture.
21. The State Government may, in accordance with the rules made in
this behalf under this Act, grant a remission or suspension of land revenue in
years in which crops have failed in any area.
22. (1) The following persons shall be primarily liable for the payment
of land revenue assessed on land, namely; --
(a) the person to whom the land belongs;
(b) the under-raiyat or any other person in possession of the land
provided that such under -raiyat or other person shall be entitled to
credit from the owner of the land for the amount paid by him.
(2) where there are two or more person liable to pay land revenue un der
sub-section (1). all of them shall be jointly and severally liable for its
payment.
23. Every revenue officer receiving payment of land revenue shall at the
time when such payment is received by him, give a written receipt for the
same.
Chapter IV—Survey and settlement of land revenue
24. The operations carried out in accordance with the provisions of this
chapter in order to determine or revise the land revenue payable on lands in
any local area are called a ‘revenue survey”, the results of the operations are
called a ‘settlement’ and the period during which such results are to be in
force is called the “ term of settlement”.
25. (1) As soon as may be after the commencement of this Act, the
state Government shall take steps to institute and shall ca use to be
constantly maintained, in accordance with the rules made under this Act, an
inquiry into the profits of agriculture and into the value of land used for
agricultural and non -agricultural purposes.
Amended by the
Tenth Amendment
Act, 2013
11
(2) For the purpose of determining the profits of agriculture the following matters
shall be taken into account in estimating the cost of cultivation, namely: --
(a) the depreciation of stock and buildings ;
(b) the money equivalent of the labour and supervision by the cultivator
and his family ;
(c) all other expenses usually incurred in the cultivation of the land
which is under inquiry ; and
(d) interest on the cost of buildings and stock, on all expenditure for seed
and manure and on the cost of agric ultural operations paid for in cash.
26. Whenever the State Government thinks it expedient so to do, he may,
by notification in the Official Gazette, direct the revenue survey of any local area
with a view to the settlement of the land revenue and to the preparation of a record
of rights connected therewith or the revision of any existing settlement or record of
rights.
Revenue Survey
27. A survey officer deputed to conduct or take part in any revenue survey
may, by special order or by general notice to be published in the prescribed
manner, require the attendance of holders of lands to assist in the measurement or
classification of the lan ds to which the revenue survey extends and when hired
labour is employed for purposes incidental to the revenue survey may, assess and
apportion the cost thereof on the land surveyed, for collection as land revenue due
on such lands.
28. Subject to the rules made in this behalf under this Act, the survey
officer may--
(a) divide the lands to which the revenue survey extends into villages and
the villages into plots and survey numbers ; and
(b) recognize the existing villages and survey numbers, reconstitute them
or from new survey numbers.
29. The survey officer may sub -divide survey numbers into as many sub -
division as may be required in the manner prescribed.
30. The state Government may at any time direct the determination or the
revision of the revenue -rates for all lands in any area of which a revenue survey has
been made.
31. It shall be the duty of the survey officer or the settlement officer on the
occasion of making or revising a settlement of land revenue to prepare a register to
be called the “settlement register” showing the area and assessment of each survey
number, with any other particulars that may be prescribed, and other records in
accordance with such orders as may from time to time be made in this behalf by
the State Government.
Power to require
assistance from land
holders,
Survey numbers
and villages.
Division of survey
numbers into sub -
divisions.
Determination of
revenue rates.
Preparation of
statistical and fiscal
records.
12
Revenue
rates how
determined.
Publication of
table of
revenue rates.
32. For the purpose of determining the revenue rates, the settlement officer
may divide any area into units and in forming such units, he shall have regard to
the physical features, agricultural and economic conditions and trade facilities
and communications; and shall then determine the revenue -rates for different
classes of lands in each such unit in the manner and according to the principles
prescribed and in particular, in the case of agricultural land, to the profits of
agriculture, to the consideration paid for leases, to the sale prices of land and
to the principal monies on mort gage and in the case of non -agriculture land, to
the value of the land for the purpose for which it is held.
33. (1) The settlement officer shall prepare a table of revenue rates in the
prescribed form and publish it in the prescribed manner for the prescribed
period.
(2) Any person objecting to an entry in the table of revenue rates may
present a petition in writing to the settlement officer within the prescribed
period and the settlement officer shall consider such objections after giving a
hearing to the objector.
(3) The settlement officer shall submit the table of revenue -rats to the 1
State Governments together with a summary of objections, if any, his
decisions on such objections and a statement of the grounds in support of his
proposals.
Confirmation of
the table of
revenue rates.
Rate of revenue
to form part of
settlement
register.
Introduction of
revenue rates.
Duration of
revenue rates.
34. (1) The state Government may confirm the table of revenue rates
submitted to him by the settlement officer with such modifications if any, as he
may consider necessary.
(2) The table of revenue -rates confirmed under sub-section (1) shall be
finally published in the official Gazette.
35. The table of revenue -rates published under section 34 shall be
incorporated in and form part of the settlement register of the village.
36. When the revenue -rates are determined under this Chapter in
respect of any area, such rates shall take effect from the beginning of the year
next after the date of final publication of the table of revenue -rates under
section 34.
37. (1) When the table of revenue -rates for any area has been finally
published, the rates specified therein shall remain in force for a period of thirty
years.
(2) Notwithstanding anything contained in sub -section (1),--
(a) revenue-rates may be altered or revised in any year after the expiry of every
ten years from the date on which the table of revenue -rates was introduced, in
such manner and to such extent as m ay be prescribed.
13
(b) When the circumstances of a local area are such that a fresh
determination of the revenue -rates is in the opinion of the State Government
inexpedient, he may extend the term of settlement by such further period as he may
think necessary.
38. (1) The settlement officer calculate the assessment on each holding in
accordance with the revenue -rates confirmed and finally published under section
34 and such assessment shall be the fair assessment.
(2) The settlement officer shall have the power to make fair assessment on all
lands whatsoever to which the revenue survey extends, whether such lands are
held with liability to pay full land revenue or land revenue at concessional rates
or are held revenue free.
(3) The fair assessment of all lands be calculated in a ccordance with rules
made in this behalf and having regard to the following principles, namely; --
(a) no regard shall be had to any claim to hold land on privileged terms;
(b) regard shall be had in the case of agricultural land to the profits of
agriculture, to the consideration paid for leases, to the sale prices of
land and to the principal monies on mortgages, and in the case of
non-agricultural land, to the value of the land for the purpose for
which it is held:
(c) where any improvement has been effected at any time in any holding
held for the purpose of agriculture by or at the expense of the holder
thereof, the fair assessment of such holding shall be fixed as if the
improvement had not been made.
39. Notwithstanding anything contained in this Chapter, the State
Government may direct that any land in respect of which the rate of revenue has
been determined shall be liable to be assessed to additional land revenue during the
term of the settlement for additional advantages accruing to it from water received
on account of irrigation works or improvements in existing irrigation works
completed after the table, of revenue -rates came into force and not effected by or
at the expense of the holder of the land.
40. Notwithstanding anything contained in this Chapter, all s urvey
operations commenced under any law for the time being in force and continuing at
the commencement of this Act shall be deemed to have been commenced and to be
continuing under the provisions of this chapter, and all revenue -rates in force at
such commencement shall be deemed to have been determined and introduced in
accordance with the provisions of this chapter and shall remain in force until the
introduction of revised revenue -rates: and such revised revenue -rates may be
introduced at any time, n otwithstanding anything contained in section 37.
Assessment on
holding.
Additional for water
advantages
Continuance of
survey operations
and rates in force at
commencement of
Act.
14
Power of
Collector to
correct errors,
etc.
Preparation of
record of rights.
41. (1) The powers and duties exercisable by the officers referred to in
section 6 may also be exercised, during the term of settlement, by the
collector or such other revenue officer as may be specified by the 1 State
Government for the purpose by Notificatio n in the Official Gazette.
(2) The collector may at any time during the term of settlement correct
any error in the area or the assessment of any survey number or sub- division
due to a mistake of survey or arithmetical miscalculation:
Provided that no arrears of land revenue shall become payable by reason
of such correction.
CHAPTER -- V LAND RECORDS
42. It shall be the duty of the survey officer to prepare a record of rights for
each village showing the area of each survey number and other particulars and
any other record or register, in accordance with the rules made under this
Act:
2[Provided that where for any reason a record -of-rights cannot be
prepared in respect of the entire village it shall be lawful for the survey officer
to prepare separate record -of-right for different areas of such village and
notwithstanding anything contained in this Act or any rule made there under,
a record -of-rights, when finally published shall not be called in question in
any court on the ground that it was not prepared in respect of the entire
village.]
Publication of
the record of
rights.
“Jurisdiction of
civil courts to
decide disputes.
43. (1) When a record of rights has been prepared, the survey officer shall
publish a draft of the record in such manner and for such period as may be
prescribed and shall receive and consider any objections which may be made
during the period of such publication, to any entry therein or to any omission
there from.
(2) When all objections have been considered and disposed of in
accordance with the rules made in this behalf, the survey officer shall cause
the record to be finally published in the prescribed manner.
(3) Every entry in the record of rights as finally published shall, until the
contrary is proved, be presumed to be correct.
3[44. (1) When a notification under Section 26 directing the revenue survey
of any local area with a view to settlement of the land revenue and to the
preparation of a record -of-right connected therewith or the revision of any
existing settlement or record -of-right in any local area has been published
after the enforcement of the Tripura Land Revenue and Land reforms (Fifth
Amendment) Act,1979 no civil court shall entertain any suit or application for
the settlement or determination of land revenue or the incidence any tenancy
to
15
1. Amended by the North -Eastern Areas Reorganization
(Tripura) (Adaptation of laws) under,1973.
2. Amended by second Amendment Act, 1974.
3. Amended by Fifth Amendment Act, 1979.
Which the record -of-right relates and if any suit or application, in which
any of the aforesaid matters is in issue, is pending before a civil court on
the date of publication of the notification in the official gazette, it shall be
stayed and it shall, on the expiry of the period for filing appl ication for
revision under S ection 45, or when such application has been field within
time an expiry of the period prescribed under section 94 for filing an appeal
under section 93 against the order disposing of such application or when
an appeal has been filed under the section within time, as the case may be,
on disposal of such appeal, abate so far as it relates to any of the
aforesaid matters.
(2) No civil court shall entertain any suit or application concerning any
land if it relates to alteration of any entry in the record -of- right finally
published, revised corrected or modi fied under any of the provisions of
this Chapter or Chapter VIII of this Act consequent upon the notification
issued under section 26 after the enforcement of the Tripura Land revenue
and Land reforms (Fifth Amendment) Act. 1979.]
1[45. Any Revenue Officer specially empowered by the State Government
may, on application made to him in this behalf or of his own motion,
within one year from the date of the final publication of the record of
rights, correct any entry in such record which, he has been satisfied, has
been made owing to bonafide mistake:
Provided that no such entry shall be corrected without giving the persons
interested an opportunity of being heard,
Explanation: --Every order under this section shall be deemed to be an
original order.]
Revision of
entries in finally
published record
of rights.
Preparation of
field index
(khasra)
Decision as to
conflict in any
case.
2[45A. (1) As soon as may be after the enforcement of the *Tripura Land
revenue and Land Reforms (Second Amendment) Ordinance, 1974
the Revenue Officer shall prepare and publish in the prescribed manner
a draft field index (khasra) in respect of every plot in a village recording
the status of the actual possessor and the conditions on which he holds
the land and shall fix a date not less than fifteen days from the date of
such publication for filing claims and objections.
*The Tripura Land Revenue and Reforms (Second Amendment) Ordinance,
1914 (Ordinance No. 2 of 1974) was promulgated by the Governor on the
twenty-eight day of February, 1974.
(2)The revenue Officer shall after giving the persons who have filed
claims and objections and also the persons whose interests are likely to
be affected, an opportunity of being heard, prepare the field index
(khasra) and publish it in the prescribed manner.
45. B. Notwithstanding anything herein before contained an entry
regarding the status of the actual possessor of a plot
16
and the conditions on which he holds the land in the field
index (khasra) as finally published shall, in case of conflict
with an entry in the records -of-rights, prevail and be
transferred to the record -of-rights for cor rection of such
record under certificate of such officer as may be prescribed
in this behalf.]
1. Amended by Fifth Amendment Act, 1979.
2. Amended by Second Amendment Act, 1974.
Register of
mutations.
Register of
Bargadars.
46. (1) There shall be maintained for every village a register mutations in such
form as may be prescribed.
3. Any person acquiring by succession, survivorship , inheritance, partition,
purchase, gift, mortgage, lease or otherwise any right in land or, where
such person acquiring the right is a minor or otherwise disqualified, his
guardian or other person having charge of his property, shall report his
acquisition of such right to the village accountant within three months
from the date of such acquisition and the village accountant shall give at
once a written acknowledgement in the prescribed form for such report
to the person making it.
4. The village accountant shall enter the substance of every report made to
him under s ub-section (2) in the register of mutation and also make an
entry therein respecting the acquisition of any right of the kind
mentioned in sub - section (2) which he has reason to believe to have
taken place and of which a report has not been made under the said sub-
section and, at the same time, shall post up a complete copy of the entry
in a conspicuous place in the village and shall give written intimation to
all persons appearing from the record of rights or the register of
mutations to be interested in the mutations and to any other person
whom he has reason to believe to be interested therein. Excerpt shown. Open the full act in Lexace.