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) The interest of an under-raiyat in any land held by him as such shall be heritable but, save as otherwise provided in this Act, shall not be transferable.
(2) No under-raiyat shall be evicted from his land except as pro- vided in this Act.
It shall be lawful for an under-raiyat to create a simple mortgage or a charge on his interest in the land leased to him, in favour of the Government or a co-operative society in consideration of any loan advanced to him by the Government or such society; and in the event of his making default in the repayment of such loan in accordance with its terms, it shall be lawful for the Government or the society, as the case may be, to cause his interest in the land to be attached and sold and the proceeds applied in payment of such loan.
An under-raiyat may, with the permission in writing of the raiyat, or if permission is refused without sufficient reason or is not given within two months, after obtaining the orders of the competent authority in the prescribed manner, make at his own expense any improvement to the land held by him, but shall not become liable to pay a higher rate of rent on account of any increase of production or of any change in the nature of the crop raised, as a consequence of such improvement.
The rent payable by an under-raiyat in respect of any land held by him shall not exceed,-
(a) Where the rent is payable in kind as a share of the produce, one-fourth of the produce of such land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is supplied by the raiyat and one-fifth of such produce or its value as so estimated if plough cattle is not supplied by the raiyat;
(b) In any other case, four times the land revenue payable in respect of the land.
(1) The rent payable by an under-raiyat shall, subject to the provisions of section 111, be the rent agreed upon between him and the raiyat, or where there is no such agreement, the reasonable rent.
(2) The rent shall be paid at such times and in such manner as may have been agreed upon, or in the absence of such agreement, as may be prescribed.
(1) The competent authority may, on application made to it in this behalf by the raiyat or the under-raiyat, determine the reasonable rent for any land.
(2) The form of application under sub-section (1) and the procedure to be followed by the competent authority shall be such as may be prescribed.
(3) In determining the reasonable rent, the competent authority shall have regard to-
(a) The rental value of lands used for similar purposes in the locality;
(b) The profits of agriculture of similar lands in the locality;
(c) The price of crops and commodities in the locality;
(d) The improvements, if any, made to the land by the raiyat or the under-raiyat;
(e) The land revenue payable in respect of the land; and
(f) Any other factor which. may be prescribed.
(4) Where the reasonable rent for any land has been determined under this section, it shall not be altered for a period of five years except on any of the following grounds, namely : -
(a) That the quality of the land has deteriorated by flood or other natural causes;
(b) That there has been an increase in the produce of the land on account of improvements made to it at the expense of the raiyat;
(c) That the extent of land has been altered by more than one acre by alluvion or diluvion.
(d) That the land has been partially or wholly rendered unfit for cultivation.
(5) Nothing in sub-sections (1) to (4) shall affect the right of the Government to make an order directing the determination of the reasonable rent of lands in any specified area.
(1) In any case in which rent is payable in kind, the raiyat or the under-raiyat may apply in writing to the competent authority in the prescribed form and manner, for commuting the rent into money rent.
(2) On receipt of such application, the competent authority shall, after giving notice to the other party, determine the money rent payable for the land in accordance with the following provisions but not exceeding the maximum rent specified in section 111.
(3) In determining the money rent, regard shall be had to-
(a) The average money rent payable by under-raiyats for land of similar description and with similar advantages in the vicinity;
(b) The average value of the rent for the land actually received by the raiyat during the three years preceding the date of application;
(c) The average prices of crops and commodities in the locality during the three years preceding the date of application;
(d) The improvements, if any, made to the land by the raiyat or the under-raiyat; and
( e) Any other factor which may be prescribed.
Every raiyat shall give or cause to be given a receipt for the rent received by him or on his behalf in such from as may be prescribed duly signed by him or his authorised agent.
If any raiyat recovers from an- under-raiyat rent in excess of the amount due under this Act, he shall forthwith refund the excess amount so recovered and shall also be liable to punishment as provided in this Act.
(1) Where a raiyat has obtained from or been granted by the Government any relief by way of suspension or remission, whether in whole or in part, of the land revenue payable in respect of his land, he shall be bound to give, and the under-raiyat concerned shall be entitled to receive from the raiyat, a corresponding or proportionate relief by way of suspension or remission of rent payable in respect of such land.
(2) The nature and extent of the relief which a raiyat is bound to give and which the under-raiyat is entitled to receive under sub- section (1) shall be determined in accordance with the rules made under this Act.
(3) No suit shall lie and no decree of a civil court shall be executed for the recovery by a raiyat of any rent the payment of which has been remitted, or during the period for which the payment of such rent has been suspended, under this section.
(4) The period during which the payment of rent is suspended under this section shall be excluded in computing the period of limitation for any suit or proceeding for the recovery of such rent.
(5) If any raiyat fails to suspend or remit the payment of rent as provided in sub-section (1), he shall be liable to refund to the under-raiyat the amount recovered by him in contravention of the provisions of this section and shall also be liable to punishment as provided in this Act.
(1) No person shall be evicted from any land held by him as under-raiyat except under the order of the competent authority made on any of the following grounds, namely:-
(a) That the land has been reserved for personal cultivation of the raiyat under section 101, or is deemed to have been reserved for personal cultivation of the raiyat under section 103;
(b) That a notice has been given to the under-raiyat under sub-section (3) of section 105;
(c) That the under-raiyat has intentionally and wilfully committed such acts of waste as are calculated to impair materially or permanently the value or utility of the land for agricultural purposes;
(d) That the under-raiyat has failed to pay rent within a period of three months after it falls due:
Provided that the competent authority may, if it thinks fit, grant further time not exceeding six months for payment of the rent;
(e) That the under-raiyat, not being a person under disability, has, after the commencement of this Act, sublet the land without the consent in writing of the raiyat.
(2) No order for eviction of an under-raiyat shall be executed till the standing crops, if any, on the land are harvested.
(3) Where any land has been reserved for the personal cultivation of a raiyat by an order made under sub-section (3) of section 101, no suit or application for the eviction of the under-raiyat in respect of such land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of this Act or one year from the date of the said order, whichever is later:
Provided that where any such raiyat is a person under disability, such suit or application may be instituted or made within a period of five years from the date when the disability ceases.
Explanation.-For the purposes of this sub-section, the disability of a person shall cease,-
(a) In the case, of a widow, if she remarries, on the date of her remarriage or if any person succeeds to the widow on her death, on the date of her death;
(b) In the case of a minor, on the date of his attaining majority;
(c) In the case of a woman who is unmarried or who is divorced or judicially separated from her husband. on the date of her marriage or, remarriage, as the case may be, or in the case of a woman whose husband is a person falling under clause (d) or (e), on the date, on which the disability of the husband ceases;
(d) In the case of a person who is a member of the Armed Forces of the Union, on the date of his discharge from service or of his posting to the reserve;
(e) In the case of a person suffering from a physical or mental disability, on the date on which the disability ceases to exist.
Where a person who has taken possession of any land by evicting an under-raiyat therefrom on the ground that the land had been reserved for personal cultivation by him, fails to cultivate such land personally within one year from the date on which he took possession thereof or ceases to cultivate such land personally in any year during a period of four years next following, the under-raiyat shall be entitled to be restored to possession of the land from which he was evicted.
Explanation.-For the purpose of this section, land shall not be deemed to be under the personal cultivation of a person (not being a person under disability) unless such person or a member of his family engages himself in the principal agricultural operations.
If a raiyat fails to-
(a) Apply for reservation of any land within the period prescribed in section 100, and the land is not deemed to have been reserved under section 103, or
(b) File a suit or application for the eviction of the under-raiyat from any land reserved under section 101 within the period prescribed in sub-section (3) of section 118, or
(c) Cultivate or ceases to cultivate the land and the under-raiyat is restored to possession of the land under section 119, the competent authority may suo motu and shall, on application, after making such inquiry as may be prescribed, declare the land to be the non-resumable land of the under-raiyat.
(1) An under-raiyat who has made any improvement at his own expense on the land leased to him shall, if he is to be evicted under the provisions of this Chapter, be entitled to receive compensation, before he is so evicted, for such improvement as, in the opinion of the competent authority, is reasonable.
(2) The compensation payable to an under-raiyat under sub-section (1) shall be determined in accordance with the value of such improvements on the date of eviction, and in determining such compensation, regard shall be had to the following matters, namely:
(a) The amount by which the value of the land has increased by reason of the improvement;
(b) The condition of the improvement at the date of the determination of the value thereof and the probable duration of its effect;
(c) The labour and capital involved in the making of the improvement; and
(d) The advantages secured by the under-raiyat in consideration of the improvement made by him.
(3) In any case in which compensation is payable to an under- raiyat under this section, the competent authority may direct that-
(a) The whole or any part of any loan which the underraiyat has taken on the security of his interest in the land under section 109 and which is outstanding shall be deducted from such compensation and paid to the Government or the co-operative society, as the case may be;
(b) Any arrear of rent due by the under-raiyat to the raiyat and the costs, if any, awarded to the raiyat shall be adjusted against the compensation.
An under-raiyat against whom an order of eviction has been passed, shall be. entitled to remove within such time as is deemed reasonable by the competent authority any work of improvement which can be severed from the land and which the under-raiyat desires to remove, or any building or construction or work (which is not an improvement) in respect of which the raiyat is not willing to pay the compensation.
(1) Where an under-raiyat of any land has, on or after the 10th August, 1957, surrendered, or been evicted from, such land and the surrender or eviction could not have taken place if this Act had been in force on the date of such surrender or eviction, the competent authority may, suo motu or on application made by the underraiyat, restore him to possession of the land which he surrendered or from which he was evicted unless some other under-raiyat, not being a member of the raiyats family, had bona fide been admitted to possession of such land.
(2) The competent authority shall, before making an order under sub-section (1), make such inquiry as may be prescribed.
Where a tenancy is sought to be terminated on the ground that the underraiyat has materially impaired the value or utility of the land for agricultural purposes, if the damage to the land admits of being repaired or if pecuniary compensation would afford adequate relief, no proceeding for eviction shall lie against the under-raiyat unless and until the raiyat has served on the under-raiyat a notice in writing specifying the damage complained of and the under-raiyat has failed within a period of one year from the service of such notice to repair the damage or to pay compensation therefor.
(1) After the commencement of this Act, no under-raiyat shall surrender any land held by him as such, and no raiyat shall enter upon the land surrendered by the underraiyat, without the previous permission in writing of the competent authority.
(2) Such permission shall be granted if, after making such Inquiry as may be prescribed, the competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a person who was holding the land as under-raiyat immediately before the commencement of this Act, the permissible limit of the raiyat concerned is not exceeded by such surrender; in other cases,the permission shall be refused.
(3) Where permission is refused in any case, and the underraiyat gives a declaration in writing relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in this behalf, lease out the land to any other person who shall acquire all the rights of the under-raiyat who relinquished his rights.
Subject to the other provisions of this Act, the ownership of any land which is declared to be the non-resumable land of an underraiyat tinder section 104 or section 120 shall stand transferred from the raiyat thereof to the under-raiyat with effect from the date of such declaration, and the under-raiyat shall become the owner of such land and be liable to pay land revenue therefor.
(1) In respect of every land the ownership of which stands transferred to the under-raiyat under section 126, the raiyat shall be entitled to compensation which shall consist of the aggregate of the following amounts, that is to say,-
(a) An amount equal to thirty times the full land revenue payable for the land or, if the land is held revenue-free or at a concessional rate, thirty times the amount of land revenue payable for similar lands in the locality;
(b) The value of trees, if any, planted by the raiyat.
Explanation.-Where any improvement has been made on the land at the expense of the raiyat at any time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land revenue payable for similar lands in the locality.
(2) The land revenue payable for similar lands in the locality and the value of trees referred to in sub-section (1) shall be determined in the prescribed manner.
(3) Every raiyat entitled to compensation under this section shall, within a period of six months from the date of the declaration referred to in section 126, apply to the competent authority In the prescribed manner for determining the compensation.
(1) The compensation to which a raiyat is entitled under section 127 shall be paid to him by the Government in the first instance, and it may be paid in cash, in lump sum or in annual instalments not exceeding twenty or in the form of bonds which may be negotiable or non-negotiable but transferable.
(2) From the date of the declaration referred to in section 126, the raiyat shall be entitled to interest at the rate of 2/12 per cent. per annum. on the compensation or such portion thereof as remains un-paid.
(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the under-raiyat under section 126 shall be a valid charge on the amount of compensation payable to the raiyat.
(4) Notwithstanding anything contained in sub-sections (1) to (3), where the person entitled to compensation under section 127 Is a charitable or religious institution, the compensation shall, instead of being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the land, less the land re-venue payable on such land. The amount so assessed shall be paid to such institution in the prescribed manner.
(1) Every under-raiyat to whom ownership of any land has been transferred under section 126 shall be liable to pay to the Government in respect of that land compensation as determined under section 127.
(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments, not exceeding twenty as may prescribed. Interest at the rate of 2/12 per cent. per annum shall be payable on the compensation or such portion thereof as remains unpaid.
(3) The compensation payable under this section shall be a charge on the land.
(4) The compensation or any instalment thereof shall be recoverable in the same manner as an arrear of land revenue.
When the compensation or the first instalment of the compensation, as the case may be, has been paid by the under-raiyat, the competent authority may suo motu and shall, on application made to it in this behalf, issue to the under-raiyat a certificate in the prescribed form declaring him to be the owner of the land specified therein.
(1) If a raiyat at any time intends to sell his land held an under-raiyat, he shall give notice in writing of his intention such under-raiyat and offer to sell the land to him. In case th latter intends to purchase the land, he shall intimate in writing hi readiness to. do so within two months from the date of receipt of such notice.
(2) If there is any dispute about the reasonable price payable for the land, either the raiyat or the under-raiyat may apply in writing to the competent authority for determining the reasonable price; and the competent authority, after giving notice to the other party and to all other persons interested in the land and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be-the average of the prices obtaining for similar lands in the locality during the ten years immediately preceding the date on which the application is made.
(3) The under-raiyat shall deposit with the competent authority the amount of the price determined under sub-section (2) within such period as may be prescribed.
(4) On deposit of the entire amount of the reasonable price, the competent authority shall issue a certificate in the prescribed form to the under-raiyat declaring him to be the purchaser of the land; the competent authority shall also direct that the reasonable price deposited shall be paid to the raiyat.
(5) If an under-raiyat does not exercise the right of purchase in response to the notice given to him by the raiyat under sub-section (1) or fails to deposit the amount of the price as required by sub- section (3), such under-raiyat shall forfeit his right of purchase, and the raiyat shall be entitled to sell such land to any other person.
(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights of the under-raiyat in such land.
(1) The Administrator may, by notification in the Official Gazette, make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for-
(a) The form of notices to be issued under this Part and the manner of their service;
(b) The manner of holding inquiries under this Part;
(c) The circumstances in which and the period for which land used for agricultural purposes may be left uncultivated;
(d) The conditions subject to which lands may be leased by the Collector under section 106;
(e) The form of applications to be made under this Part, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the applications;
(f) The determination of the value of the produce of land, the profits of agriculture, and the rental values of land, for the purposes of this Part;
(g) The time and manner of payment of rent by the under- raiyat;
(h) The form of receipt for rent to be given by the raiyat;
(i) The factors to be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent;
(j) The nature and the extent of relief to the under-raiyat in cases of suspension or remission of land revenue by the Government;
(k) The determination of compensation for improvements to under-raiyats who are evicted from land;
(l) The grant of permission to surrender land;
(m) The determination of the amount of compensation payable to the raiyat in respect of the non-resumable lands of under-raiyats;
(n) The form of certificates to be granted to under-raiyats;
(o) The determination of the price to be paid by under-raiyat for land in respect of which the first option to purchase is exercised;
(p) Any other matter which is to be or may be prescribed.
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