THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
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THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
Title : THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960
Year : 1960
Every intermediary, whose right, title and interest in any estate vest in the Government under Chapter XI shall be entitled to receive and be paid therefor compensation as hereinafter provided.
The compensation referred to in section 140 shall be due as from the vesting date and the portion remaining unpaid shall carry interest at the rate of 21/2.per cent. per annum.
(1) For the purpose of assessing compensation under this Chapter,-
(a) Every intermediary shall be treated as a separate unit;
(b) If two or more intermediaries hold an estate or any interest therein jointly , the share of each intermediary in such estate or interest *hall be treated as a separate unit:
Provided that where any such estate or interest is held by a Hindu joint family consisting of a common ancestor in the male line and his descendants, the family shall If the common ancestor was alive on the vesting date, be treated as one unit;
(c) If an intermediary holds shares or interest in two or more estates, the aggregate of his shares or interest in all such estates shall be treated as a single unit.
(2) Notwithstanding anything to the contrary contained in any other law, no partition or transfer by way of sale or gift of an estate or part thereof made on or after the 10th August, 1957, shall be recognised for the purpose of assessing the compensation.
(3) Nothing in sub-section (2) shall apply to-
(a) Any sale made under an order of court in execution of any decree or order for payment of money, or
(b) Any sale or gift made in favour of a wakf, a trust, an endowment or a society registered under the Societies Registration Act, 1860 (21 of 1860), and established wholly for charitable purposes, unless the Government in any particular case directs otherwise.
The Administrator shall, as soon as possible after the publication of a notification under section 134, appoint one or more officers to be compensation officers to prepare compensation assessment rolls and to perform such other duties as may be prescribed.
(1) The compensation officer shall prepare a compensation assessment roll in respect of every estate vested in the Government under Chapter XI.
(2) The compensation assessment roll shall contain particulars of the gross income and the net income from the estate, the share of the net income of the intermediary or each of the intermediaries, the amount of compensation payable to him or them and such other particulars as may be prescribed.
(3) Where an intermediary has shares or interest in two or more estates all of which have vested in the Government, the particulars of the shares or interest of such intermediary in the net income from all such estates and the compensation payable to him in respect of his shares or interest in all such estates shall be shown in the com-pensation assessment roll relating to any one of such estates.
(4) Where an intermediary has shares or interest in two or more esates either or any of which has not vested in the Government, the compensation payable to the intermediary shall be determined after all such estates have vested in the Government, on the basis of the aggregate of his shares or interest in the net income from All such estates.
(5) Nothing in sub-section (4) shall be construed as authorising the postponement of payment of ad interim compensation to any such intermediary as is referred to in that sub-section in respect of the estate or estates which have vested in the Government.
(6) For the purpose of preparing the compensation assessment roll, the compensation officer may require an intermediary to submit such statements and furnish such particulars as may be prescribed.
(1) For the purpose of assessment of compensation payable in respect of an estate,-
(a) The gross income from the estate shall be taken to consist of-
(i) In respect of lands other than those referred to in section 136, the rents, cesses, local rates and other amounts payable or deemed to be payable to the intermediary or intermediaries by the tenants and tenure-holders for the pre-vious year, including the commuted value of rents payable in kind which value shall be determined in the prescribed manner.;
(ii) The gross income from abadi sites, fisheries, hats, bazars, ferries, forests, tolls, waste lands and other interests in the estate for the previous year; -
(iii) The aggregate of the annual rents for the previous year from buildings used as offices or cutcherries and any other building which vest in the Government;
(iv) Any other income during the previous year appertaining to the estate vesting in the Government not expressly mentioned in the foregoing sub-clauses;
(b) The net income from the estate shall be computed by deducting from the gross income the following, namely:-
(i) Any sum which was payable by the intermediary or intermediaries during the previous year as land revenue, ceases, local rates or rent to the Government in respect of the interests to which the gross income relates;
(ii) Any sum payable under the Bengal Agricultural Income- tax Act 1944, (Ben. IV of 1944), as extended to Tripura or the Indian Income-tax Act 1922, (11 of 1922), during the previous year as defined in those Acts, in respect of the interests to which the gross income relates;
(iii) Charge count of management and collection at the following namely: -
Amount of gross income Rate
(a) Where the gross income exceeds 15 per centum of Rs.30,000. such gross income.
(b) Where the gross income exceeds 12 1/2 per centum of Rs. 10,000 but does not exceed such gross income.
(c) Where the gross income exceeds 10 per centum of Rs. 5,000 but does not exceed such gross income.
Amount of gross income Rate
(d) Where the gross income exceeds 7 2/1 per centum of such Rs. 25,000 but does not exceed gross income. Rs. 5,000.
Provided that the net income (after deducting the charges on account of management and collection) from an estate which falls under item (a), (b), (c) or (d) shall in no case be less than the maximum net income from an estate which falls under the item immediately, following.
Illustration.-The net income after deducting the charges on account of management and collection at 12/1 per cent. under item (b) from an estate the gross income of which is Rs. 10,100 will be Rs. 8,837-50 while the net income after deducting the charges on account of management at 10 per cent. under item (c) from an estate the gross income of which is Rs. 10,000 will be Rs. 9,000; under the proviso, the net income from the first mentioned estate shall be taken to be Rs. 9,000 and not Rs. 8,837-50.
(2) The net income from the estate as determined under sub- section (1) shall be apportioned among all the intermediaries having a share or interest in the estate in the proportion of their shares or interest, and if in doing so, any dispute involving a question of title arises, the compensation officer shall refer the parties to a civil court.
Explanation.-For the purpose of this section except clause (b) (ii) of sub-section (1), "previous year" means the year immediately preceding the year in which the vesting date falls.
(1) The compensation payable to an intermediary shall multiple of his net income from the estate or where the intermediary has shares or interests in two or more estates, of the aggregate of his net incomes from all such estates, in accordance with the following table, namely:-
Amount of-net income Total compensation payable
(a) Where the net income Fifteen times such net income. does not exceed Rs.1,000.
(b) Where the net income Twelve times such net income exceeds Rs. 1,000 but does or the maximum amount not exceed Rs. 2,500. under (a) above, whichever is greater.
Amount of net income Total compensation payable
(c) Where the net income Eleven times such net income or exceeds Rs. 2,500 but does the maximum amount under not exceed Rs. 5,000. (b) above, whichever is greater.
(d) Where the net income Ten times such net income or exceeds Rs. 5,000 but does the maximum amount under not exceed Rs. 7,500. (c) above, whichever is greater.
(e) Where the net income Nine times such net income or exceeds Rs. 7,500 but does the maximum amount under not exceed Rs. 10,000. (d) above, whichever is greater.
(f) Where the net income Eight times such net income or exceeds Rs. 10,000 but does the maximum amount under not exceed Rs. 15,000. (e) above, whichever is greater.
(g) Where the net income Seven times such net income or exceeds Rs. 15,000 but does the maximum amount under not exceed Rs. 30,000. (f) above, whichever is greater.
(h) Where the net income Six times such net Income or exceeds Rs. 30,000 but does the maximum amount under not exceed Rs. 50,000, (g) above, whichever is greater.
(i) Where the net income Five times such net income or exceeds Rs. 50,000 but does the maximum amount under not exceed Rs. 1,00,000. (h) above, whichever is greater.
(j) Where the net income Three times such net income or exceeds Rs. 1,00,000 but does the maximum amount under not exceed Rs. 3,00,000, (i) above, whichever is greater.
(k) Where the net income Two times such net income or exceeds Rs. 3,00,000. the maximum amount Under (j) above, whichever, is greater.
(2) Where the net income or any portion of the net income from an estate is dedicated exclusively to charitable or religious purposes, the compensation payable in respect of such net income or portion shall, instead of being assessed under sub-section (1), be assessed as a perpetual annuity equal to such net income or portion, as the case may be, payable in the prescribed manner for those purposes.
Explanation.-For the purpose of this sub-section, if the salary, remuneration or any allowance payable to the Mutawalli of a wakf or the shebait of a Hindu temple or a trustee of any other charitable or religious trust does not exceed 15 per cent. of the net income, then such net income shall be deemed to be dedicated exclusively to charitable or religious purposes.
(1) The Administrator shall appoint a claims officer not below the rank of sub-judge to dispose of the claims of creditors whose debts are secured by a mortgage of or charge on any estate or part thereof vested in the Government under section 134 and to discharge any other duties assigned to him by this Act or the rules made there under.
(2) Every creditor referred to in sub-section (1) shall prefer his claim in writing before the claims officer In the manner and with- in the time prescribed.
(3) The claims officer shall inquire Into the claims in accord- ance with such rules as may be prescribed and determine the amount to which each of the creditors is entitled.
(4) Where there are two or more creditors, the claims officer shall determine, in accordance with the provisions of the Transfer of Property Act, 1882, (...of 1882), the order in which each such creditor is entitled to receive the amount due to him.
(1) Any person aggrieved by an order of the claims officer may, within sixty days of the date of the order, prefer an appeal to the District Judge having jurisdiction.
(2) The decision of the District Judge on appeal, or of the claims officer where no appeal is preferred, shall be final.
(1) After the amount of compensation has been determined in accordance with the provisions of section 146 and entered In the compensation assessment roll, the compensation Officer shall cause a draft of such roll to be published in the prescribed manner and for the prescribed period. The compensation officer shall send copies of the relevant portions of the draft roll to the intermediaries concerned and shall receive and consider any objections which may be made within three months of the receipt of such copy to any entry therein or to any omission therefrom. The compensation officer shall dispose of such objections in the. prescribed manner.
(2) Separate draft compensation assessment rolls may be prepared and published under sub-section (1) for different villages or groups of villages.
Every order of the compensation officer deciding an objection under sub-section (1) of section 149 shall contain a concise statement of the case, the points for determination, the decision thereon and the reasons for such decision.
(1) From every order passed by a compensation officer under section 150, an appeal shall lie to a Special Judge appointed for, the purpose, within ninety days of the date of the order.
(2) An appeal shall lie to the court of the Judicial Commissioner, from every order passed on appeal by a Special Judge under sub-section (1), within sixty days of the passing of such order, on any of the grounds specified in section 100 of the Code of Civil Procedure, 1908. (5 of 1908).
(3) The decision of the Judicial Commissioner, or of the Special Judge where no second appeal is preferred, or of the compensation officer where no appeal to the Special Judge is preferred, shall be final.
(1) Where no objection or appeal has been filed or all the objections and appeals filed have been finally disposed of the compensation officer shall clause the draft compensation assessment roll to be finally published, or make such alterations in the draft compensation assessment roll as may be necessary to give effect to any order passed on objection made under sub-section (1) of section 149-or on,appeal under section 151 and cause the roll as so altered to be `finally published, in the prescribed manner together with a certificate stating the fact of such final publication and the date thereof.
(2) The publication of the compensation assessment roll under sub-section (1) shall be conclusive evidence that the said roll has been duly made under this Chapter and every entry in such roll shall, save as otherwise provided in, this Act, be conclusive evidence of the matters referred to in such entry.
(1)No Correction of the compensation assessment roll after it has been finally published under section 152 shall be made except as provided in this section.
(2) Correction of bona fide mistakes or corrections necessitated by Succession to or Inheritance of any interest in the estate can be made by the compensation officer at any time before the payment of compensation either of his own motion or on the application of the person interested, but no such correction shall be made while any legal proceeding affecting such entry is pending.
(3) Every time a, correction is made under-sub-section, (2) the compensation officer shall cause a draft of, the correction to be Published in the same manner as the draft compensation, assessment roll, and after considering and disposing of any objections that may be made, shall cause the correction to be finally published.
After the vesting date and before the final publication of the compensation assessment roll, ad interim payment to the outgoing intermediary may be made as follows:-
(a) The compensation officer shall calculate the probable amount of compensation payable to him
(b) Two and a half per cent. of such probable amount shall be paid ad interim to each intermediary in cash, every year until such time as the compensation assessment roll is finally published;
(c) If there is any dispute as to the title of any person to receive the amount or as to- the apportionment of it, the amount shall bet kept in deposit in the manner prescribed until the dispute is finally determined; and on such determination, the compensation officer shall pay the amount or the portion thereof to the person or persons entitled to receive the same.
(1) After the compensation assessment roll has been, final published, the compensation officer shall deduct from the amount shown in such roll as payable to an intermediary or any other person having interest in the estate the following amounts namely;-
(a) Ad interim payments made under section 154;
(b) The amount, if any, the deduction of which has been ordered under section 135;
(c) The amounts payable to creditors as determined by the claims officer.
(2) The balance remaining after the deductions referred to in sub-section (1) are made shall be given in cash, in one lump sum or in annual instalments not exceeding twenty, or in bonds, or not exceeding twenty, or in partly in cash and partly in bonds, in accordance with such rules as may be prescribed.
(3) The bonds referred to in sub-section (2) may be either negotiable,or, non-negotiable, and. transferable in such circumstances and in such manner as may be prescribed, and shall carry interest at the rate of two and a half per cent. per annum on the amount outstanding thereon, with effect from the date of issue.
(4) If any dispute, arises as to the, title of any person to receive the, amount or, as to the apportionment of it, the compensation officer may, if he thinks fit, keep the amount of compensation or the bonds referred to above in deposit in the manner prescribed, until the dispute is finally determined; and on such determination, the compensation officer shall pay the amount or the portions thereof to the person or persons entitled to receive the same.
(1) If any person claiming as maintenance holder to be entitled to any portion of the compensation awarded to any intermediary under this Chapter applies to the compensation officer for payment of the same to him, the compensation officer may, with the consent of the intermediary, direct the payment to the applicant out of the compensation of such amount as the intermediary nay, have agreed to be paid to the applicant, and any such payment shall be a valid discharge of the liability of the Government in respect of the amount so paid.
(2) If the intermediary does not give his consent, the com- pensation officer shall direct the applicant to file, within three months, a suit or other proceeding in the court having jurisdiction to establish his claim and order that the amount claimed shall ,not in the meantime be paid to the intermediary.
(3) The Government shall not be made a, party to any, suit or proceeding instituted or commenced in pursuance of any direction given under sub-section (2).
(4) If the suit or proceeding referred to in sub-section (2) is instituted or commenced within the period aforesaid, the compensation officer shall place the amount claimed at the disposal of the court before which such suit or proceeding is instituted.
(5) If the suit or proceeding is not instituted or commenced within the period of three months aforesaid, the compensation officer shall order the amount to be paid to the intermediary.
Explanation.- For the purpose of this section, a maintenance holder Means a person entitled to, receive maintenance under a registered deed, decree or order of court.
If any intermediary entitled to receive compensation in respect of any interest is a person incompetent to alienate such interest, the compensation officer shall keep the amount of compensation payable, in respect of such interest, whether in cash or in bonds, in deposit with the Collector who shall arrange to Invest the cash or the income from the bonds in the purchase of such Government or other approved securities as the Collector thinks fit and shall direct the payment of the income from such investment to the intermediary who would for the time being have been entitled to hold and enjoy such interest if it had not vested in the Government; and such cash, bonds and securities shall remain so deposited until they are made over to any person or persons becoming absolutely entitled thereto:
Provided that nothing herein contained shall affect the liability of any person who may receive the whole or any part of any compensation under this section to pay the same to the person lawfully entitled thereto.
The Collector, the compensation officer and the claims officer, for the purposes of any inquiries or proceedings under this Part, shall have the same powers as are vested in a court under the Code of Civil Procedure, 1908, (5.of 1908.) in respect of-
(a) Enforcing the attendance of any person and examining him on oath or affirmation;
(b) Compelling the production of documents; and
(c) Issuing commission for the examination of witnesses;and such inquiries or proceedings shall be deemed to be judicial pro- ceedings within the meaning of sections 193 and 228 of the Indian Penal Code. (45 of 1860.)
(a) Willfully fails or neglects to comply with any require-ments made of him under this Part, or
(b) Contravenes any lawful order passed under this Part, or
(c) Obstructs or resists the taking by the Collector or any other officer authorized by him in writing of charge any property which is vested in the Government under this Part or
(d) Furnishes information which he knows or believes to be false or does not believe to be true,shall, on conviction before a Magistrate, be punishable with fine which may extend to five hundred rupees.
Where, as a result of the operation of this Part, any person acquires the right to hold land either as a raiyat or an under-raiyat, the provisions of Part III shall as far as may be, apply to the determination of such right and in such application, any reference in the said Part to the commencement of this Act shall be construed, as a reference to the vesting date.
(1) The Administrator may, by notification in the Official Gazette, make rules for the purpose of 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 publication of a notification under section 134;
(b) The procedure to be followed and the forms to be adopted in inquiries and proceedings under this Part;
(c) The mode of service of any order, notice or other documents under this Part;
(d) The form of the statements to be furnished by Intermediaries;
(e) The inspection of and making notes from documents, registers and records under section 137, the grant of certified copies thereof and the fee to be charged for such grant;
(f) The form and the manner in which compensation assess- ment rolls shall be prepared and the particulars to be mentioned therein;
(g) The manner of apportionment of net income among intermediaries;
(h) The procedure to be followed in the case of intermediaries having shares or interest in different estates;
(i) The manner in which the preliminary and the final publication of the compensation assessment roll shall be made;
(j) The manner of determining the amount of annuities payable to religious and charitable institutions and the procedure for making payments;
(k) The manner in which the income of the previous year shall be determined;
(l) The determination of the amount of ad interim compensation
(m) The manner in which and the period within which creditors may prefer their claims before the claims officer and the procedure to be followed in the disposal of such claims;
(n) The manner in. which objections shall be submitted to the compensation officer and the procedure to be followed In the disposal of such objections;
(o) The manner of determining the commuted value of rents under section 145;
(p) The manner of preferring appeals under Chapters XI and XII;
(q) The manner of keeping In deposit the amount of compensation under sections 155 and 157;
(r) The form and contents of bonds;
(s) The manner in which and the circumstances under which, bonds shall be transferable, and
(t) Any other matter which is to be, or may be, prescribed.
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