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) A revenue officer, while exercising power under this Act or any other law for the time being in force to inquire into or to decide any question arising for determination between the Government and any person or between parties to any proceedings, shall be a revenue court.
(2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the revenue court.
Except for reasons to be recorded in writing, no revenue officer shall inquire into or hear any case at any place outside the local limits of his jurisdiction:
Provided that a sub-divisional officer may inquire into or hear any case at the headquarters of the district to which he is appointed.
All revenue officers and persons acting under their orders may enter upon and survey any land and demarcate boundaries and do all other acts necessary for the purpose of discharging their duties under this Act or any other law for the time being in force and in so doing, shall cause no more damage than the circumstances of the case may require.
(1) The Administrator may transfer any case or class of cases arising under this Act or any other law for the time being in force from any revenue. officer to any other revenue officer competent to deal with it.
(2) The Collector or a sub-divisional officer may transfer any case or class of cases arising under this Act or any other law for the time being in force for inquiry or decision from his own Me or from the Me of any revenue officer subordinate to him to the file of any other revenue officer subordinate to him competent to deal with such case or class of cases.
(1) Every revenue officer not lower in rank than a circle officer acting as a revenue court shall have power to take evidence and to summon any person whose attendance he considers necessary, either as a party or as a witness or to produce any document, for the purpose of any inquiry which such officer is legally empowered to make; and all persons so summoned shall be bound to attend either in person or by an authorised agent as such officer. may direct, and to produce such documents as may be, required.
(2) Every summons shall be in writing, signed and sealed by the officer issuing it and shall be in such form and be served in such manner as may be prescribed.
If any person on whom a summons to attend as witness or to produce any document has been served fails to comply with the summons, the officer by whom the summons has been issued under section 85 may-
(a) Issue a bailable warrant of arrest;
(b) Order him to furnish security for appearance; or
(c) Impose upon him a fine not exceeding rupees twenty.
(1) If, on the date fixed for hearing a case or proceeding, a revenue officer finds that a summons or notice was not served on any party due to the failure of the opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed for default of payment of such process fees.
(2) If any party to a case or proceeding before a revenue officer does not appear on the date fixed for hearing, the case may be heard and determined in his absence or may be dismissed for default.
(3) The party against whom any order is passed under sub-section (1) or (2) may apply, within thirty days from the date of such order, to have it set aside on the ground that he was prevented by sufficient cause from paying the requisite process fees or from appearing at the hearing; and the revenue officer may, after notice to the opposite party and after making such inquiry as he considers necessary, set aside the order passed.
(1) A revenue officer may, from time to time, for reasons to be recorded, adjourn the hearing of a case or proceeding before him.
(2) The date and place of an adjourned hearing shall be intimated at the time of the adjournment to such of the parties and witnesses as are present.
A revenue officer may direct the parties to pay the cost incurred in any case before him and also apportion the cost among the parties in such manner and to such extent as he may think fit.
Where any order is passed under this Act directing any person to deliver possession of land or directing the eviction of any person from land, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such authority, in accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessary for securing compliance with the order.
All appearances before, applications to, and acts to be done before, any revenue officer under this Act or any other law for the time being in force may be made or done by the parties themselves or by their authorised agents or by any legal practitioner:
Provided that any such appearance shall, if the revenue officer so directs, be made by the party in person.
Any revenue officer by whom an order was passed in a case or proceeding may, either on his own motion or on the application of a party, correct any error or omission not affecting a material part of the case or proceeding, after such notice to the parties as he may consider necessary.
(1) Save as otherwise expressly provided, an appeal shall lie from every original order passed under this Act,-
(a) If such an order is passed by an officer-subordinate to the sub-divisional officer, to the sub-divisional officer;
(b) If such an order is passed by the sub-divisional officer, to the Collector;
(c) If such an order is passed by the Collector, to the Administrator;
(d) If such an order is passed by an assistant survey and settlement officer, to the survey and settlement officer or to a revenue officer notified by the Administrator in the Official Gazette to be the appellate authority; and
(e) If such an order is passed by a survey and settlement officer, to the director of settlement and land records or to a revenue officer notified by the Administrator in the Official Gazette to be the appellate authority.
(2) A second appeal shall lie against any order passed In first appeal,-
(a) If such an order is passed under clause (a) of subsection (1) to the Collector;
(b) If such an order is passed under clause (b) of subsection (1), to the Administrator;
(c) If such an order is passed under clause (d) of subsection (1), to the director of settlement and land records or to a revenue officer notified by the Administrator in the Official Gazette to be the second appellate authority; and
(d) If such an order is passed under clause (e) of sub., section (1), to the Administrator.
(1) No appeal shall lie,-
(a) In the case of a first appeal, after the expiry of thirty days from the date of the order appealed against; and
(b) In the case of a second appeal, after the expiry of sixty days from the date of the order appealed against.
(2) In computing the above periods, the time required to obtain copies of the order appealed against shall be excluded.
The Administrator or the Collector may, at any time, either on his own motion,or on the application of any party, can for the records of any proceedings before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit Provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties interested notice to appear and be heard.
(1) A revenue officer may, either on his, own motion or on the application of any party interested, review any order passed by himself or by any of his predecessors-in-office and pass such order in reference thereto as he thinks fit:
Provided that a revenue officer subordinate to the Collector shall, before reviewing any order under this section, obtain the permission of the Collector and the Collector shall, before reviewing an order passed by any of his predecessors-in-office obtain the permission of the Administrator.
(2) No order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings or except after notice to the other party and no application for the review of such order shall be entertained unless it is made within ninety days from the date of the order.
(3) No order shall be reviewed except on the following grounds, namely:-
(i) Discovery of new and important matter of evidence;
(ii) Some mistake or error apparent on the face of the record; or
(iii) Any other sufficient reason.
(4) For the purposes of this section, the Collector shall be deemed to be the successor-in-office of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district.
(5) An order which has been dealt with in appeal or on revision shall not be reviewed by any officer subordinate to the appellate or revisional authority.
(1) A revenue officer who has passed any order or his successor-in-office may, at any time before the expiry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit provided that no appeal has been filed.
(2) Any authority before whom a case is pending in appeal or revision may direct the stay of execution of the order appealed from or under revision for such period as it may think fit.
(3) The revenue officer or other authority directing such stay of execution of any order may impose such conditions, or order such security to be furnished as he or it may think fit.
(1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Part.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) The manner of appointment of revenue officers, survey officers and settlement officers, and other village officers and servants, their powers and duties, the official seals, if any, to be used by them and the size and description of the seals;
(b) The Collectors powers of superintendence and control over other officers;
(c) The officers who should hear and decide disputes regarding rights in or over any property claimed by or against the Government and the procedure to be followed by them;
(d) The disposal of Government lands by assignment or grant to individuals or to public purposes and the terms and conditions subject to which such assignments or grants may be made;
(e) The preservation and disposal of trees, brush, wood, jungle and other natural products on Government land and the recovery of the value of trees or other natural product unauthorisedly appropriated by persons;
(f) The procedure for summary eviction of trespassers on Government land;
(g) The alteration and revision of the land revenue in cams. of alluvion or diluvion or of diversion of land for purposes other than agriculture;
(h) The grant of permission to use agricultural land for non- agricultural purposes;
(i) The determination of additional rates for use of water;
(j) The circumstances in which remission or suspension of revenue may be made and the rate of such remission or suspension;
(k) The form of receipt for payment of land revenue;
(l) The conduct of surveys and settlements of land revenue;
(m) The manner of estimating the cost of cultivation and other expenses in relation to the inquiry into profits of agriculture;
(n) The division of survey numbers into sub-divisions and the assessment of sub-divisions;
(o) The statistical, fiscal and other records and registers to be prepared and maintained under this Part;
(p) The manner in which the costs and expenses incidental to revenue survey or the construction, repair and maintenance of boundary marks shall be determined and apportioned between persons who are liable to bear the same;
(q) The fixing, construction, laying out, maintenance and repair of boundary marks, and the settlement of disputes relating thereto;
(r) The division of areas into units for determining the revenue-rates and the preparation of the table of revenue- rates;
(s) The preparation and the preliminary and final publication of the record of rights and the table of revenue-rates;
(t) The hearing and disposal of objections to any entry or omission in the table of revenue-rates, the record of rights, and the register of mutations;
(u) The manner and extent of alteration or revision of revenue -rates during the term of settlement;
(v) The correction of bona fide errors and mistakes in the revenue records, registers and maps prepared under this Part;
(w) The manner in which the average yield of crops of land shall be ascertained;
(x) The manner of holding inquiries by revenue officers under this Part;
(y) The application of the provisions of the Code of Civil Procedure, 1908, (5 of 1908), to cases and proceedings before a revenue court;
(z) The form of summons and other processes, notices, orders and proclamations to be issued or made by revenue officers and the Manner of their service;
(aa) The procedure for the attachment and sale of property and the confirmation and the setting aside of sales of immovable property under Chapter VII;
(bb) The manner of publication of notices and proclamations of attachment and sale of property;
(cc) The manner In which the cost and expenses incidental to the attachment and sale of property shall be determined;
(dd) The manner of payment of deposit and of the purchase Money of property sold for arrears of land revenue;
(ee) The circumstances in which precautionary measures for securing the land revenue under section 79 may be taken;
(ff) The procedure for the transfer of cases from one revenue Officer to another;
(gg) The manner of preferring appeals or applications for revision or review, the documents to accompany the memorandum of appeal or such application and the fee, if any, leviable therefor,
(hh) The grant of certified copies and the payment of fees for inspection and grant of certified copies of revenue records and registers;
(ii) The mode of execution of any orders directing any person to deliver possession of land or to be evicted from land, including the use of force for securing compliance with such order;
(jj) Any other matter which is to be or may be prescribed.
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