THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
Title : THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
Year : 1960
(1) For the removal of doubts, it is hereby declared that subject to the other provisions of this Act,-
(a) The rights of a raiyat in his land shall be permanent, heritable and transferable;
(b) The raiyat shall be entitled by himself, his servants, under-raiyats, agents or other representatives to erect farm buildings, construct wells or tanks or make other improvements thereon for the better cultivation of the land or its convenient or profitable use;
(c) The raiyat is entitled to plant trees on his land, to enjoy the products thereof and to fell, utilise or dispose of the timber of any trees on his land.
(2) Nothing in sub-section (1) shall entitle a raiyat to use his land to the detriment of any adjoining land which is not his or In contravention of the provisions of any other law for the time being in force applicable to such lands.
(1) Every raiyat who, at the commencement of this Act, owns land. in excess of a basic holding shall be entitled to apply to the, competent authority for the reservation for his personal cultivation.,of any parcel or parcels of his land leased to under-raiyats.
(2) Every application under sub-section (1) shall be in the pres- cribed form and shall be made in the prescribed manner within a period of one year from the commencement of this Act.
Explanation.-In, the case of a person under disability, the application shall be, made by his guardian or his authorised agent, as the case may be.
(1) The competent authority shall, on an application made under section 100, issue notice together with a copy of the application to each of the under-raiyats holding land from the applicant requiring the. under-raiyat to submit his objections, if any, within a period of ninety days from the date of service of such notice or within such further period as the competent authority may allow.
(2) An under-raiyat on whom a notice has been served under sub- Section (1), shall furnish to the competent authority within, the period aforesaid details of lands owned by him or held as under- raiyat of any other raiyat and of lands which he selects for retention by him.
(3) The competent authority shall, after considering the objec- tions and the details, if any, furnished by the under-raiyats and after making such inquiry as it may consider necessary, determine the land or lands, not exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case may be reserved for personal cultivation of the raiyat and the lands which each of his under-raiyats may be allowed, to retain.
(1) In section 101, "permissible limit" means an area of land which a raiyat may resume from under-raiyats for personal cultivation, that is to say,-
(a) In the case of a person under disability, 25 standard acres;
(b) In the case of any other person who-
(i) Owns a basic holding or less, the entire area own by him;
(ii) Owns more than a basic holding but not exceeding a family holding, one-half of the area leased to under-raiyats or the area by which the land under his personal cultivation falls, short of a basic holding, whichever it greater;
(iii) Owns more than a family-holding,-
(1) If he has no land, or any land which is less th family holding under his personal cultivation, half of the area leased to under-raiyats but not exceeding the area by which land under his personal cultivation falls short of a family holding,
provided that the under-raiyat is left with not less than a basic holding a
provided further that a raiyat shall in any case be en titled to resume an area by which land under his persona cultivation falls short of a basic holding;and,
(2) if he has a family holding or more under his personal cultivation, the area leased to under-raiyat rats but no exceeding the area by which land in his personal cultivation falls short of 25 standard acres, provided that the under-raiyat is left with riot less than a holding. Explanation.-For the purpose of determining the permissible limit) of a raiyat under this sub-section, any non-resumable Ian which he may hold as an under-raiyat, shall also be taken into account.
(2) Notwithstanding anything contained in sub-section under- raiyat who under any law, custom or usage is it liable to eviction at the commencement of this Act on the ground that the land is required for personal cultivation, shall in all cases be left with a basic holding or the land actually held by him, whichever is less.
(3) Any transfer of land made on or after the 10th August, 1957.shall be disregarded in computing the permissible limit.
In the case of a raiyat who at the commencement of this Act does not own land in excess of a basic holding, all lands owned by him and held by under-raiyats at such commencement shall, subject to the provisions of sub-section (2) of section 102, be deemed to have been reserved for his personal cultivation.
Explanation.-Any transfer of land made on or after the 10th August, 1957 shall be disregarded in determining the extent of land owned by a raiyat at the commencement of this Act.
The competent authority shall declare every land which, under sub-section (3) of section 101, an under-raiyat is allowed to retain to be the non-resumable land of the under-raiyat.
(1) Subject to the provisions of this Act, a raiyat may lease out his land to another person on such rent not exceeding the maximum rent referred to in section 111 as may be agreed upon between him and such person.
(2) Every lease of land made after the commencement of this Act shall be for a period of five years and at the end of the said period, and thereafter at the end of every such period of five years, the tenancy shall, subject to the provisions of sub-section (3), be deemed to be renewed for a further period of five years on the same terms and conditions except to the extent that a modification thereof consistent with this Act is agreed to by both parties.
(3) In respect of,any lease made after the commencement of this Act, a raiyat who is a member of the Armed Forces of the Union, on his discharge from service or posting to the reserve, may by giving the under-raiyat three months notice in writing before the expiry of any year, and any other raiyat may by giving the under-raiyat one years notice in writing before the expiry of any term of five years, terminate the tenancy if the raiyat requires the land bona fide for personal cultivation by him.
(1) Where the Collector is satisfied that any land has remained uncultivated for a period of not less than two consecutive years. otherwise than in accordance with rules made in this behalf under this Act, and that it is necessary for the purpose of ensuring the full and efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed lease out the land in accordance with the rules made under this Act.
(2) Any lease made under sub-section (1) shall be deemed to be a lease made by the raiyat under sub-section (1) of section 105.
(1) Subject to any rules that may be made under this Act, a raiyat may relinquish his rights in respect of any land in his possession in favour of Government by giving a notice in writing to the competent authority in such form and manner as may be prescribed, not less than three months before the close of any year and thereupon he shall cease to be a raiyat in respect of that land from the year next following the date of notice:
Provided that relinquishment of only a part of a holding or of a holding which, or part of which, is subject to an encumbrance or a charge, shall not be valid.
(2) If any person relinquishes his rights to a land under sub- section (1), the way to which lies through other land retained by him, any future holder of the land relinquished shall be entitled to a right of way through the land retained.
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