TLR&LR Rules, 1961 (upto 19th Ammendment)

The Tripura Land Revenue and Land Reforms Rules, 1961 ARRANGEMEMT OF RULES CHAPTER I PRELIMINARY RULES: 1. Short Title. 1 2. Definitions 1 3. Distance of a nearby village for purpose of personal cultivation. 1 CHAPTER II General Powers of revenue Officer 4. General powers of the Collectors. 2 5. General powers of Survey & Settlement Officer. 2 6. General powers of superior officers. 2 CHAPTER III Land and Land Revenue 7. Decision of dispute referred to in section 11(5) 2 8. Preservation and disposal of trees, jungles, etc. 2 9. Survey and demarcation of pasturage. 2 10. Hearing of objection. 3 11. Disposal of objections. 3 12. Declaration of pasturage. 3 13. Use of pasturage. 3 14. Cancellation or modification of declaration under rule 12. 3 15. Setting apart of land for community purposes. 3 16. Setting apart of land for Forest Reserve. 3 17. Management of land by gram Panchayat. 3 18. Procedure for summary eviction. 3 19. Exemption from land revenue. 4 20. Deleted 4 21. Application for remission of land revenue. 4 22. Deleted. 4 23. Diversion of land to agricultural purpose. 4 24. Diversion of land to other purpose. 4 25. Calculation of fraction. 4 26. Remission or suspension of land revenue 5 27. Remission when to be allowed. 5 28. Relief in widespread calamities. 5 29. Relief in local calamities. 5 30. Relief in case of orders, by court etc. 5 ii RULES : 31. Announcement of relief. 6 32. Stay orders by Collector. 6 33. Collection of suspended land revenue. 6 34. Remission of suspended Land Revenue. 6 35. From of receipt for land revenue. CHAPTER IV Survey and Settlement of Land Revenue 36. Profits of agriculture and value of land 7 37. Publication of table of profits of agriculture and value of land 8 38. Omitted. 8 39. Notification and proclamation of revenue survey. 8 40. Revenue survey and preparation of record of rights. 8 41. Assessment nit. 9 42. Maximum revenue rates. 9 43. Form of table of revenue rates. 9 44. Annexure to table of revenue rates. 9 45. Publication table of revenue rates. 9 46. Disposal of objections. 9 47. Alteration or revisions of revenue rates. 9 48. Ratio between old and new revenue rates. 10 49. Principles of apportionment of costs. 10 50. Liability of individual for costs. 10 51. Apportionment of liability of costs and notice thereof. 10 52. Settlement register. 53. Record of rights. 54. Khasra. 55. Notification and proclamation. CHAPTER V LAND RECORDS 56. Stages of revenue survey and preparation of record of rights. 13 57. Notification for assistance. 13 58. Village boundary demarcation. 13 59. Traverse survey. 13 60. Cadastral Survey. 13 61. Survey Number. 13 62. Preparation of preliminary record of rights. 13 63. Bujharat. 14 64. Attestation including ascertainment of rent and revenue. 15 65. Publication of the draft records of rights. 15 66. Disposal of objections. 15 67. Framing of final record. 15 68. Final publication of the records of tights. RULES iii 69. Availability of copies of records and recovery of cost. 16 70. Revision of correction of records. 16 71. Intimation of correction. 16 71(A). Preparation of field index (Khasra). 16 72. Register of mutations. 17 73. Rewriting of records of rights. 17 74. Report for mutation. 17 75. Mutation not to be in contravention of the Act. 18 76. Intimation about mutation. 18 77. Register of disputed cases. 18 78. Acknowledgement of objection. 18 79. Testing of entries. 19 80. Information to be supplied to Collector on requisition. 19 81. Alteration of registers on decree of court. 19 82. Inspection and grant of copies. CHAPTER VI Boundaries and boundary Marks 83. Determination boundary disputes. 19 84. Description of boundary marks. 19 85. Erection of boundary marks on requisition. 20 86. Maintenance of boundary marks. 20 87. Register of boundary marks. 20 CHAPTER VII Realization of Land Revenue and Other Public Demands 88. Land revenue when and how payable. 20 89. Notice of demand. 20 90. Distraint and sale of movable property. 21 91. Distraint of movable property other than the produce of the land. 21 92. Distraint of produce of land. 21 93. Custody of distrained property. 22 94. Leaving live stock in the charge of pound keeper. 22 95. Attachment of immovable property. 22 96. Management of attached property. 22 97. Claims of Third Persons. 22 98. Objection by defaulter. 23 99. Proclamation for sale. 23 100. Inspection and copy of sale proclamation. 23 101. Date of sale. 23 102. Absence or insufficiency of bid. 23 103. Sale Officer. 24 104. Auction sale when to stop. 24 105. Objection by purchaser. 24 iv RULES 106. Application for setting aside the sale. 24 107. Certificate of purchase. 24 108. Delivery of possession. 24 109. Intimation to the commanding officer of cantonment. 24 110. Cost of proclamation and other costs. 25 111. Recovery of other amounts recoverable as arrears of land revenue. 25 112. Fees to be charged for execution of processes. 25 113. Application of the code of civil procedure. 26 CHAPTER VIII Procedure of Revenue Officer. 114. Form service of summons. 26 115. Bailable warrant of arrest. 26 116. Delivery of possession. 26 117. Obstruction of delivery of possession. 26 118. Use of force against person putting restraint. 27 119. Dismissal of application for possession. 27 120. Transfer by judgment debtor. 27 121. Application by person wrongly dispossessed. 27 122. Order for re-delivery of possession. 27 123. A person other than a judgment debtor may institute a suit. 27 124. Procedure of revenue court and officers. 27 125. Extent of applicability of C.P.C. 27 CHAPTER IX Rights of Raiyats in Land 126. Reservation of land for personal cultivation. 127. Notice to under raiyat. 28 128. Reply of under raiyat. 28 129. Disposal of the application. 28 130. Certificate. 28 131. Notice to issue when land left uncultivated. 28 132. Service of Notice. 28 133. Compliance of notice. 29 134. Lease by Collector. 29 135. Registration of leases. 136. Notice of relinquishment. 29 Certain restrictions on the rights of transfer for the protection of the interests of the scheduled tribes. 136A. Service of Notice for transfer. CHAPTER X Rights of under-raiyat. 137. Application for permission when raiyat refuses or its to consent. V RULES : 138. When permission may be granted or refused. 31 139. Compensation for improvement. 31 140. Benefit of improvement to under-raiyat in certain cases. 32 141. Under raiyat to pay back the compensation. 32 142. Estimating the value of produce for purpose of rent. 32 142A Determination of the fixed produce rent. 32 143. Payment of rent. 32 144. Postal receipt and enclosures to be adminisible in evidence. 33 145. Payment of rent in certain cases. 33 146. Power to deposit rent in certain cases with circle officer. 33 147. Application for deposit. 33 148. Receipt to be granted. 33 149. Notice of deposit. 34 150. Payment of deposited rent. 34 151. Determination of reasonable rent. 34 152. Factors for determination of reasonable rent. 34 153. Date from which the order for reasonable rent to take effect. 34 154. Commutation of rent payable in kind. 34 155. Manner of inquiry. 34 156. Passing of an order. 34 157. Receipt for payment of rent. 35 158. Presumption regarding incomplete receipt. 35 159. Eviction of under-raiyat. 35 160. Application for restoration of possession of land to under-raiyat. 35 161. Disposal of application. 35 162. Declaration of non-resumable land of under-raiyat. 35 163. From and manner of application under section 123(1). 36 164. Application for surrender of land by an under-raiyat. 36 165. Compensation to raiyat. 36 166. Application for Compensation and procedure therein. 36 167. Payment of compensation to raiyats. 37 168. Payment of compensation by under-raiyat. 37 169. First option to purchase. 37 CHAPTER XI Acquisition of estates and of the Rights of Intermediaries therein. 170. Manner of publication of notification under section 134. 38 171. Value of produce building and structures. 38 172. Service of the order of the Collector under section 137 38 and form as statement referred to therein. 173. Procedure for search and seizure. 39 174. Inspection. 39 vi RULES: CHAPTER XII Assessment and payment of Compensation. 175. Collection of information by the Compensation Officer. 39 176. Procedure on return being filed. 39 177. Procedure when returns submitted to more than one officers. 40 178. Commutation of rents in kind. 40 179. Manner of payment perpetual annuity. 40 180. Manner of making claims by a creditor. 40 181. Preparation of compensation assessment roll. 41 182. Preliminary publication of compensation assessment roll. 41 183. Final publication of the compensation assessment roll. 2 184. Manner of payment. 42 185. Payment of compensation. 42 186. Register of payment. 42 187. Ad-interim compensation. 42 188. Application for ad-interim compensation. 43 189. Manner of keeping in deposit disputed ad-interim compensation money. 43 CHAPTER XIII Ceiling on Land Holdings. 190. Submission of return. 43 191. The agency through which information may be collected under section 166. 44 192. Verification etc. 44 193. Preparation of list. 44 193A. Consideration of any land so transferred or portioned. 44 194. Selection of excess land out of transferred land. 44 195. Publication of list for objection. 45 196. Application for restoration. 45 197. Manner of publication under sub-section 3 of section 170. 45 198. Calling information for determining compensation. 46 199. Verification of information furnished. 46 200. Omitted. 46 201. Compensation for structure and buildings. 46 202. Apportionment of compensation between the raiyat and under-raiyat. 46 203. Recovery of compensation from under-raiyat or mortgagee. 47 204. Determination of compensation. 47 205. Payment of compensation. 47 206. Application of Schedule IV. 47 207. Register of compensation. 48 208. Payment of compensation to charge holders. 48 209. Acquisition of excess land after endorsement of section 164. 48 210. Demarcation of excess land. 48 211. Application for exemption. 48 vii RULES; CHAPTER XIV Prevention of Fragmentation. 212. Declaration under section 182 (2). 49 CHAPTER XV General and Miscellaneous. 213. Restoration of possession. 50 214. Court fees. 50 215. Procedure to be followed by the Collector under section 187. 50 216. Restoration of transferred land to the member of the Scheduled Tribe. 50 SCHEDULES. I. Forms. 52-112 II. The inspection and grant of certified copies of Revenue Records. 113-117 III. Procedure of Revenue Courts. 118-128 IV. Payment of compensation. 128-130 GOVERNMENT OF TRIPURA REVENUE DEPARTMENT LAND REFORMS NOTIFICATION No. 74(14)-Rev/60-13th April 1960-In exercise of the powers conferred by sections 98, 132, 161, 184 and 197 of the Tripura Land Revenue and Land Reforms Act, 1960 (Act 43 of 1960) and all other powers in this behalf, the state Government is pleased to make the following rules, namely:- THE TRIPURA LAND REVENUE AND LAN REFORMS RULES, 1961. Short title Definitions CHAPTER 1 PRELIMINARY 1. These rules may be called the Tripura land Revenue and Land Reforms Rules, 1961. 2. In these rules, unless there is anything repugnant in the subject or context: (a) ‘Act’ means the Tripura Land Revenue and Land Reforms Act, 1960. 2[“(aa) “Competent authority” shall have the same meaning assign to it as in the Act. Distance of a nearby village for purpose of personal cultivation (b) ‘From’ means any of the forms given in schedules 1, II and IV or a translation thereof in the Bengali Language published under the authority of the 3[State Government] (c) ‘Last settlement’ with reference to any local area means the last general revision of the land revenue demand of that area carried out in accordance with the provisions of the Act or any other act for the time being in force: (d) ‘Schedule’ mans any of the schedules to these rules; and (e) ‘Section’ means section of the Act. 3. The distance of a nearby village referred to in explanation I to clause (p) of section 2 shall not exceed 8 kilometers from the village in which the land is situated, such distance being reckoned by the route normally used for journeys between the two villages. 1. Substituted by the North-eastern Areas (Reorganization) (Tripura) Adaptation of laws order, 1973. 2. Inserted by 5th amendment vide notification No. F. 39(26)-Rev/74 dated 3. Substituted by The North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws order, 1973. CHAPTER II General Power of Revenue Officers General powers of the Collector General powers of Survey & Settlement officer Decision of dispute referred to in section Decision of dispute referred to in section 11(3) Preservation and disposal of trees, jungles etc. Survey and demarcation of pasturage 4. The Collector shall have the power of general superintendence and control over all other officers subordinate to him and shall also have power to allocated work among them. 5. The Survey and Settlement Officer shall, subject to the exercise of powers by the Director of Settlement and Land Records have general superintendence and control over other officers doing the survey and settlement work and shall also provided for the distribution of work among them. He may transfer any case or work from one such officer to another having competence to dispose of that case or work. 6. Save as otherwise provided by the act, any revenue officer may exercise any power or discharge any function which may be exercised or discharged, as the case may be, by any officer subordinate to him. CHAPTER III Land and Land Revenue 7. Any dispute referred to in sub-section (3) of section 11 shall be decided after a summary inquiry in the manner laid down in schedule III. 8. Subject to the provisions of section 12, (i) all trees, brush wood, or other natural products growing on the road side shall be preserved or disposed of by the forest department or the authority having charge of the road as may be directed by the 1[State Government] and (ii) all other trees, brush wood, jungles and other natural products, except in so far as the same may be the property of any person, shall be preserved or disposed of by the Forest Department in accordance with the forest rules for the time being in force. 9. (1) Whenever it appears necessary to the Collector, that any land should be set apart under section 13 for pasturage for cattle of any village or villages, he shall cause such land to be demarcated with temporary boundary marks and, if it has not been already cadastrally surveyed, shall cause a map of it to be prepared on the scale of sixteen inches to a mile. (2) The Collector shall then cause a notice in form 1 to be published declaring his intention to set apart the land and inviting objection, if any, within thirty days from the date of publication of the notice. (3) The notice shall be published – (i) by beat of drum in the village; (ii) by affixing a copy in some conspicuous place in the village; and (iii) by affixing a copy on the notice board of the Court House of the issuing officer. 1. Substituted by the North-Eastern Ares (Reorganization) (Tripura) Adaptation of laws order, 1973. Hearing of objections Disposal of objections Declaration of pasturage 10. The Collector shall receive and enquire into any objection which may be presented to him within the period prescribed in rule 9 and on such enquiry may add any available adjacent land to the proposed pasturage of remove any land from it or confirm the proceedings. 11. Any objection received under rule 10 shall be heard and disposed of after a formal inquiry in the manner laid down in Schedule III; Provided that the Collector may consolidate and hear all the objections together. 12. As soon as may be after the disposal of the objections under rule 10, or when no such objection has been received within the prescribed period, after the expiry of that period, the Collector shall cause to be published in the manner prescribed in sub-rule (3) of rule 9 a final notice declaring the land to be set apart for pasturage for the cattle of the village or villages. He shall also cause the pasturage specified in the notice to be entered in the register of pasturage and the boundaries to be demarcated with such boundary marks as he may deem suitable. Use of pasturage 13. After the declaration under rule 12 the land may be used as pasturage for the cattle of the village or villages for which it has been set apart; provided that the Collector may, with a view to ensuring proper utilization of the land, prescribe the conditions subject to which the Cancellation or modification of declaration under rule 12 Setting apart of land for community purposes Setting apart land for Forest Reserve Management of land by Gram Panchayat Procedure for summary eviction pasturage may be used. 14. The Collector may at any time modify or cancel the declaration under rule 12 and the provisions of rules 9 to 12 shall mutates mutandis apply to such proceedings. 15. The Collector may ordinarily set apart an area not exceeding 5% of the land constituted within a village for community purposes and the provisions of rule 9 to 14 shall mutates mutandis apply thereto. 16. The Collector may, in consultation with the Head of the Forest Department. Set apart land to be constituted as a Protected Forest or Reserve Forest in the manner laid down in the Indian Forest Act, 1972 (XVI of 1927). 17. (1) Where the State Government has entrusted the management of any land belonging to the Government to the Gram Panchayat of a village, an appeal against the order of allotment of land passed by the gram Panchayat shall lie to the Sub-divisional Officer in whose jurisdiction the land is situated. (2) The Sub-Divisional Officer may either on his own motion or on the application of any party call for the record of any proceedings of a Gram Panchayrt for allotment of land for the purpose of satisfying himself as to the legality or the propriety of any order passed by such Gram Panchayat and may pass such order in reference thereto as he thinks fit. 18. (1) Before ordering eviction of a person under sub-section (1) of section 15 the competent authority shall issue a notice to him requiring him to show cause within a period to be specified in the notice why he should not be evicted from the land. (2) If the person concerned filed an objection within the period specified in the notice or such extended period as may be allowed by the competent authority it shall hold a summary inquiry in the manner laid down in Schedule III Exemption from land revenue Application for remission of land revenue Diversion of land to agriculture rural purpose Diversion of to other purpose Calculation of fraction (3) If the person concerned files no objection within the time so allowed or if after inquiry the competent authority finds that the person is a trespasser it shall order his eviction and shall also require him to remove any building or other construction erected of anything deposited on the land within a time specified in the order. 19. The 1[State Government] may subject to such conditions as he may specify in the order to ensure for proper utilization of the concession, exempt any land from the liability to the payment of land revenue in any of the following cases:- (i) where the person holding land is a public body or an institution established exclusively for a religious educational or a charitable purpose, or a person holding under a trust or an endowment or other legal obligation exclusively for a propose which is charitable, educational or religious; (ii) Where waste or unproductive land is sought to be brought under cultivation; and (iii) Where in the opinion of the 2[State Government] exemption from land revenue will be in public interest. 20. * Deleted. 21. An application for remission of land revenue for the land lost by diluvion may be made to competent authority in plain paper within one year of diluvion. 22. * Deleted. 23. (1) When land assessed for use for a purpose other than agriculture is divert to an agricultural purpose the assessment shall be equal to the assessment of the land for agricultural purpose, as fixed at the last settlement. (2) When there has been no such assessment for agricultural purposes, the assessment shall be fixed at the rate adopted for similar soil class in the same village or in a neighboring village at the last settlement. 24. If any land held for one purpose is diverted to any other purpose except agriculture, the assessment thereon shall be revised in accordance with any of the methods specified below according to the circumstances of the case, viz:- (i) in the area in which the land is situated has an assessment rate for the land used for that purpose as confirmed by the 1[State Government] under sub-section (1) of section 34, then in accordance with such revenue rate; (ii) if there be no revenue rate in force as aforesaid then the Collector may assess the revenue at a rate not exceeding 3% of the value of such land. 25. In fixing the actual assessment of a plot of land, the area thereof measuring less than 2[0005 hectares shall be taken to be .0005 hectare.] 1&2 Substituted by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws Order, 1973 * Deleted by 13th Amendment dated 29th January, 1981. 1. Substituted by the North-Eastern Area (Reorganization) (Tripura) Adaptation of laws Order, 1973. Remission of suspension of land revenue Remission when to be allowed Relief in widespread calamities Relief in local calamities Relief in case of orders, by court etc. 26. Remission or suspension of land revenue may be granted— (a) in the event of failure of crops due do— (b) widespread calamities such s famine, draught, etc.; (c) local calamities such as hail, floods, locusts and similar visitation; and (d) in case in which crops could not be grown in any area in consequence of an order made under any law by a competent authority. 27. Ordinarily relief shall take the form of suspension of revenue. Remission may be granted if later conditions justify such course. 28. (1) In cases of wider spread calamities, the degree of relief shall be the same in each village or homogeneous tract, and no attempt shall be made to differentiate between the circumstances of individuals. (2) Relief shall be calculated according to A Scale or B Scale according to the previous revenue history of the tract. A Scale shall be used in village whose revenue history in normal and B Scale in those which have suffered from recent crop failures. A Scale State of Crop Degree of relief 40 percent or above NIL Less than 40 percent but Not less than 25 percent but not Half less than 25 percent Less than 25 per cent Full B Scale 50 percent or above Les than 50 percent but Nil not less than 40 percent Less than 40 per cent Full In calculation the percentage of out-turn for each village, any shortage in the cropped area as compared with the estimated normal shall be taken into consideration. 29. The foregoing rule shall apply in the cases of local calamities subject to the following modification, namely:- (a) relief shall be granted to individuals varying according to the damage done to the total holding of each; and (b) relief shall be granted on B Scale, if any general suspension of revenue was granted in respect of the previous year’s crops in the village, otherwise on A Scale. 30. (1) Remission of land revenue in any area in which crop could not be grown in consequence of an order made under any law by a competent authority may be allowed according to the following scale, namely:-- State of area allowed Degree of To remain fallow. (2) (i) if mare than half the area allowed to remain fallow was cultivated during the previous year. Full (ii) If less than half the area allowed to Half Remain fallow was cultivated during the Previous year. (2) Relief under sub-rule (1) shall be determined for individual holding separately. Announcement of relief Stay orders by Collector Collection of suspended land revenue Remission of suspended land revenue Form of receipt for land Revenue 31. The 1[State Government] may sanction suspension, remission or re- suspension, as the case may be, to such extent as may be considered necessary on receipt of sanction, the Collector shall cause the nature of relief to be announced to all concerned before the installment of revenue, to which it related, falls due. 32. If it appears probable that orders of the 2([State Government] cannot be received in time to allow announcement before due date the Collector may pass orders staying the realization of the amount of land revenue pending orders of the 3[State Government] 33. (1) No land revenue which has been suspended shall ordinarily be collected until the next crop, corresponding to the one which failed, has been harvested in the effect tract. (2) As the character of each successive harvest becomes known, the State Government shall determine the amount of the suspended land revenue to be collected along with the ordinary demand and shall announce it before the date fixed for the payment of revenue. The amount of suspended land revenue to be collected, if any, shall be equal to one forth, one half or the whole of the year’s demand as the circumstances may justify. 34. Suspended land revenue maybe remitted in whole or in part:-- (a) when the revenue which it is sought to remit has been suspended for three years; and (b) in cases where it is clear from the conditions of the tract that it would be inadvisable to collect the suspended or part of it. 1[34(A) In addition to or in lieu of the forms of relief here in-before mentioned the Administrator may, if the circumstances justify, direct that the arrears of land revenue due for any past year or year in respect of any area or areas shall be payable in such installments and as such times as may be specified in the direction. On the receipt of such direction the Collector shall cause the nature of relief to be announced to all concerned before the installment of revenue to which it relates falls due] 35. (1) 2[for every amount of land Revenue Collected by a Revenue Officer, a receipt along with a coupon in Form 2 duly filled in shall be given to the person from whom the amount is received. (2) Carbon copy of every receipt under sub-rule (1) excluding the coupon shall be maintained by the Revenue Officer and both the original and the carbon copy thereof shall be signed by the person making payment and the Revenue Officer receiving the amount.] 1. 2&3 Substituted by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws Order, 1973. 2. Inserted by 3rd amendment vide notification No. 39 (167)-Rev/69 dated 3. Substituted by 8th amendment vide notification No. F.39 (63)/Rev/75 dated (3) The Inspecting Revenue Officer whenever visits a village shall collect (at random coupon attached to the receipt given to land owner under sub-rule (1) and after verifying the coupons paste these at the blank space of the respective carbon copies of the receipts. Profits of agriculture and value of land CHAPTER –IV Survey and Settlement of Land Revenue 36.1[(1) For the purpose of determining the profits of agriculture and the value of land used for agricultural and non-agricultural purposes, at such intervals as the State Government may direct, the Collector or any other revenue officer as may be authorized by the Government may divide an area in to units in accordance with the provisions in this regard in Section 32 of the Act and rules made there under. Provided that the units once formed either for the purpose of determination of revenue rates or for the purpose of determination of profits of agriculture and value of land used for agricultural and non-agricultural purposes may be treated as unit for the purpose. (2) The profits of agriculture of land in unit shall be the average profits of agriculture for Nal and Lunga classes of land in unit, determined on the basis of enquiry on plots selected on samples basis. Publication of table of profits of agriculture and value of land (3) The profits of agriculture shall be computed after deducting the estimated cost of cultivation from the market value of the products and by-products, the market value being calculated on the average of sale prices prevailing in important markets in the neighborhood during the preceding three years or during any shorter period for which information is available] 37. 2[(1). Collector or any other revenue officer, as may be authorized by the Government shall, after determination of the profits of agriculture and value of land in a unit, prepare a table of profits of agriculture and value of land in From 4B and publish the same by placing it for public inspection free of charge during a period of thirty days at such convenient place as he may determine and cause a public notice in Form 4C to be given to that effect in such village compressed in the unit to which the table relates, stating the place at which the table will be open to such inspection and inviting objections, if any, to be made within thirty days of the date of publication of the notice. (2) Any objection to any entry in the table of profits of Agriculture and value of land filed within the prescribed period shall be heard in a summary manner after giving an opportunity to the objector of being heard and decision recorded. 1. Substituted by 11th Amendment vide notification No. F.4(1)- RCC/79 dated 28.8.79. 2. Ibid. (3)After disposal of all objection (s) under sub-rule (2) and after the entries of the table are corrected, where necessary, in accordance with the orders passed in the objections, the Collector or any other revenue officer authorized by the Government shall finally publish the table by placing it for public inspection free of charge during a period of fifteen days at such convenient place or places as he may determine, and he shall cause a notice in Form 4D to be given to that effect in each village to which the table relates stating the place where and the period during which it will be open to public inspection. (4) The Collector or any other Revenue Officer authorized by the Government shall maintain a register of value of land as well as of profits of agriculture on the basis of finally published table under sub-rule (3).] Notification and proclamation of revenue survey 39. (1) Whenever the 2[State Government] 3[Omitted] decides under section 26 that a revenue survey be made of a local area with a view to settlement of land revenue and to the preparation of record of rights connected therewith or the revision of any existing settlement or record of rights, he shall publish in the Official Gazette a notification in form 3. (2) Thereafter, but before the survey starts in any village, proclamation in form 4 shall be made in that village and in village contiguous thereto. Revenue survey and preparation of record of right 40. After the proclamation has been made proceedings for revenue survey and preparation of record of rights shall be taken in accordance with the provisions of chapter V with the following modifications, namely:-- (i) Proceedings shall simultaneously be taken for the preparation and publication of the table of revenue rates; (ii) For the purpose of determining the revenue rates, the area shall be divided into units (hereinafter called assessment units) in accordance with the provisions of section 32 and these rules; and (iii) Before the attestation mentioned at item (vi) of rule 56 starts, the table of revenue rates shall be finally published and the assessment of each holding shall be calculated in accordance with that table and entered in the draft of the record-of-rights. Assessment unit 41. Subject to the provisions of section 32— (a) the assessment unit shall as for as possible— (i) include a compact area; (ii) be homogeneous in geographical, agriculture and economic conditions; and (iii) be coterminous with a block of physical division; and 2. Substituted by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws Order, 1973. 3. Omitted by 13th Amendment dated 29.1.81. Maximum revenue rate (b) The assessment unit of land within a municipality or cantonment, area shall be the area comprised within a municipal ward or the cantonment, area shall be the area comprised within a municipal ward or the cantonment as the case may be: Provided that the survey and Settlement Officer may combine the area under two or more municipal wards into one assessment unit or sub-divide a municipal ward or cantonment area into more than one assessment unit. 42. The revenue rate of any class of land shall not exceed— (i) in case of agricultural land, one-eight value of the yield of the land. (ii) In case of other land 3% of the market value of the land. Form of table of revenue rates. 43. The table of revenue rates of land revenue per acre again different classes of agricultural and non-agriculture land in the unit and shall be in From 5. Annexure to table of revenue rates. 44. To the table of revenue rates shall be annexed— (i) a map of the assessment unit showing the village; (ii) a set of tabular statement, showing the results of crop cutting experiments, costs of cultivation, present and past classification if any, corps grown, and the proposed rates. Publication table of revenue rates 45. The Survey and settlement Officer or the assistant survey and Settlement Officer shall publish the table of revenue rates under sub-section (1) of section 33 by placing it for public inspection free of charge during a period of thirty days at such convenient place as he may determine and cause at public notice in Form 6 to be given to that effect in each village comprised in the assessment unit to which the table relates, stating the place at which the table will be open to such inspection and inviting objection, if any to be made within thirty days of the days of publication of the notice. Disposal of objection 46. Any objection to any entry in the table of revenue rates filed within the prescribed period shall be hard in a summary manner and decision recorded. 47. The 1[State Government] may by an order direct alteration of revision of Alteration or revisions of revenue rates Ratio between old and new revenue rates revenue rates under clause (a) of sub-section (2) of section 37 when in its opinion the circumstances have so Changed as to cause substantial increase or decrease in the yield or prices of crops generally or in a particular area. 48. The revised revenue rates of different classes of land shall bear the same ratio to the old revenue rates of that corresponding class of land as— (i) in case of agricultural land the average profits of agriculture of that class of land during the preceding three years bear to the average profits of agriculture of that or corresponding class of land at the time of the last determination of revenue rates; 1. Substituted by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws Order, 1973. Liability on individual for costs (ii) in case of non-agricultural land the average market value of that class of land obtaining during the preceding three years bears to the average market value of that or corresponding class of land obtaining at the time of the last determination of revenue rates; Provided that the revenue payable in respect of any land shall not be increased or enhanced under these rules so as to exceed by more than twelve and a half per cent of the revenue previously payable in respect of that land. 49. (1) As soon as the work of survey and settlement of land revenue has sufficiently advanced to enable the survey and Settlement Officer to state approximately what will be the total cost incurred and the cost leviable from persons holding land or having interest therein and how in his opinion the share to be paid by persons holding land or having interest therein should be borne, he shall submit for orders of the 1[State Government] the principles on which he proposes to make apportionment. The proposals shall be submitted in good time before final publication of records of rights. 50. (1) Liability of individuals for costs shall be fixed on the basis of the area of land held by them or in which they have interest and for this purpose the fraction of an acre shall be deemed to be an acre. Apportionment of liability of costs and notice thereof (2) When the area of waste land or unoccupied land is extensive separate rates per acre may be fixed for the land and the other land. 51. When the 1[State Government] has approved the principals of apportionment of the cost, the survey and Settlement Officer shall cause each person to be served with a notice in such manner s the 1[State Government] may from time direct of the amount payable by him and the period within which it should be deposited. 52. (1) A separate settlement register shall be prepared for village. (2) It shall contain the following particulars:-- (i) Mark list (list of trijunction and boundary and survey marks); (ii) Index of plot numbers and khasra; (iii) Assessment of each holding; (iv) Rent Roll (List of revenue rates for different soil classes in the village); (v) Classified statement of raiyats and their under raiyats; (vi) 2[Crop inspection Register in such Form as the State Government may direct]; (vii) Register of lands held by Government and other local bodies; (viii) Statement showing the classifications of cultivated lands and culturable waste; 1. Substituted by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws Order, 1973. 2. Substituted by 13th Amendment dated 29.1.81. (ix) Revenue free lands; (x) List of lands in which public hare common right of easement; (xi) Agricultural stock statement; (xii) 1[Omitted] (xiii) Cadastral village map; (xiv) A village note containing the following:-- (a) Situation and physical features; (c) Tehsil, Circle Officer’s, Circle, Sub-division, District, Station, Post & Telegraph Office to which attached); (d) Human and cattle population; (e) Customary rights of the villagers; (g) Method of cultivation; (h) Drinking water tanks wells and other sources of drinking water; (i) Schools and college; (j) Community festivals and religion; (k) Hospitals and dispensaries; (m) Burial and cremation ground; (n) Natural products and mines, if any,; (p) Trade, communication and marking facilities; (q) Crafts and industries; (r) Temples, mosques and other notable objects; (s) Rural indebtedness, economic conditions, use of excisable goods; (t) Rain-fall; (u) Such other information as may be considered necessary and useful. 1. Omitted by 13th Amendment dated 29.1.81 Records of rights CHAPTER - V LAND RECORDS 53. (1) The record of right shall consist of a statement of rights in from 7, hereinafter referred to as the ‘Khatian’ (a) The Record of rights shall consist of a statement of rights in Form-7, hereinafter referred to as the khatian and it may be linked with the Aadhaar Services of Unique Identification Authority of India ( for short UIDAI). (2) There shall ordinarily be a separate Khatian for each person interested or group of persons jointly interested in the land and the Khatian shall show the rights and liabilities of each such person. (3)Unique Land Parcel Identification Number (ULPIN) shall be recorded against each and every cadastral surveyed plot or newly created surveyed plot in Form-7 (Khatian). Khasra 54. There shall be prepared in Form 8 a Field Index or Khasra’ arranged according to the serial numbers of the plots in the village. Notification and proclamation Stages of revenue survey and preparation of records of rights Before the preparation of revision of record-of-rights is taken up there shall be the notification and the proclamation as stated in rule 39. 55. (1) When a notification has been so published and the proclamation made, the revenue survey shall be conducted and the record of rights shall be prepared or revised by the following stages, namely:- (i) demarcation of village boundaries; (iii) cadastral survey (or Kistwar); (iv) preliminary record writing (Khanapuri); (v) local explanation (or Bujharat); (vi) attestation including determination of rent or revenue of tenancies and holding (or jamabandi); (vii) publication of the draft record of rights; (viii) disposal of objections under sub-section (1) OF section 43 and (ix) preparation and publication of the final record of rights under sub- section (2) of section 43; Provided that any of the stages referred to in items (i) to (v) may be omitted or amalgamat with another by an order of the 1[State Government]: Provided further that if the Survey and Settlement Officer is of the opinion that there has been a material irregularity or omissions in the proceeding, he may at any time before the publication of the draft of the record of rights direct that the proceeding shall be taken denovo from such stage as he may direct, but not so as to set aside any proceeding relating to determination of revenue rates after the publication of the table under sub- section (1) of section 33. 1. Substituted by the North-Eastern Areas (Reorganization) (Tripura) Adaptation of laws Order, 1973. 2. From No.7(khatian) is substituted by fifteenth amendment of rules, 1993 vide Notification No. F.4(37)-RCC/93 Dated Agartala, the 22nd November, 1993. /2024 / 1432 Date 06-06-2024. And F.6(428)DLRS /LR /2024 / 1432 Date Notification for assistance Village boundary demarcation Traverse survey Cadastral Survey Survey Number Preparation of preliminary records of rights 56. Before each of the first four stages, namely, demarcation of village binderies, traverse survey, kistwar and Khanapuri, a general notice shall be served in the village in Form 9 informing the holders of land of the probable dates of commencement of each of the stages and requiring their attendance to assist the revenue officer employed on work in any matter incidental to any of the above stages. 57. The revenue survey of an area notified under section 26 shall be based on village boundary demarcation. Existing boundary of any village may also be recognized with or without modification. 58. The traverse survey of an area referred to in rule 58 shall ordinarily be carried out by theodolite observations. 59. (1) The cadastral survey of the area shall be based on traverse survey. (2) A detailed map of all the fields in a village shall be prepared on a scale map is already in existence, it will not be necessary, unless the survey and Settlement Officer so directs, of prepare a fresh map and the existing map may be brought upto date. 60. A separate number (hereinafter called the plot number) shall be allotted to every plot i.e. a piece of land within one periphery which is possessed by one person or a set of persons jointly, which is held under one title and which consists of one class of land. 61. For the purpose of preparation 1[or revision] of a record of rights the survey and settlement Officer shall cause to be prepared a preliminary record of rights. Bujarat 63. (1) When the preliminary record-of-rights, has been prepared, a general notice in Form 10 shall be published in the village in forming the holders of lands of the date of commencement of Bujharat and calling for their attendance with relevant documents appertaining to their lands in the village. (2) When the areas of the plots have been extracted and entered in the preliminary record, a copy of each ‘Khatian’ shall be made over by the revenue officer to the person or persons in whose name or names the ‘Khatian’ has been opened or to their representatives. The cost of each copy of the ‘Khatian’ styled as ‘Parcha’ shall be twenty five naya paisa. For every realization on account of the costs of parcha a receipt in form 11 shall be prepared, along with a carbon copy thereof, under the signature of the Revenue officer receiving the amount and the signature of the person making the payment shall also be obtained thereon. The original shall be given to the person making the payment and the carbon copy shall be retained for record: “2[Provided that in case of revision of records, such copy of Khatian styled as parcha may be made over after the completion of the Bujharat of a village instead of making over before Bujharat].” 1. Inserted by 10th amendment by notification No. F.4(52)-RCC/78 Date 5.12.78. 2. Inserted by 10th amendment by notification No. F.4(52)-RCC/78 Date 5.12.78. Attestation including ascertainment of rent and revenue (3) Each Khatian shall then be examined of the field with reference to the village map by a revenue officer and explained to the person or persons concerned or their representative, if present. In this process, the revenue officer shall make such corrections as may be necessary in the map, in the preliminary records and in the copies of the khatians where such copies have been distributed and produced for this purpose. (4) At this stage, preliminary entries of rent of revenue which is payable according to the statement of the land holder and according to the statement of the tenant, raiyat, under raiyat or occupant shall be made in the preliminary Khatians and in the copies thereof, if produced. The revenue officer shall dispose of all disputes arising at this stage as well as disputes left undisposed of, if any, during preliminary record writing excepting those relating to rent, revenue of status. Notice for hearing of disputes shall be served on both parties in Form 12 at least three days before the date of hearing. (5) On completion of the bujharat of a village, the revenue officer shall furnish a certificate in Form 13. 64. (1) The attestation in the village shall be taken up at a convenient place in or near the village as for as possible. A proclamation in Form 14 shall be published at least thirty days before attestation begins in the village, giving due notice to the raiyats, under raiyats, occupants and other land holders calling upon them to appear before the revenue officer, on the date fixed with relevant documents in support of their right, title and possession. (2) When about a week is left before attestation, a reminder notice in form 15 shall be published in the village. Special notice may be served on the Collector or other public bodies and summons may be served on land holders and other persons, if the attendance of such persons may or their authorized representatives is deemed necessary. (3) The revenue officer shall take up the preliminary Record of Rights Khatian by Khatian. As each person appears before him, the revenue officer shall examine his Khatian, read out all the entries, make corrections where required, and see that the Khatian is complete in all particulars. Disputes regarding ownership of land or ownership of any interest in land shall be decided by the revenue officer in a summary manner and on the basis of present possession or possession during the year proceeding the year in which attestation is done. In the khatian of each 1[holder or group holders of land] he shall enter with his own hand the class to which each person or group of persons belonging, the special conditions or incidents (if any) of the holding or tenancy and the revenue or rent lawfully payable or deliverable to Government or each land holder or group of land holder. In each of the khatians attested the cesses lawfully payable shall also be recorded. (4) The revenue officer shall then sign and date the Khatian and when he has completed the attestation of all the Khatians of a village, he shall draw up a formal proceeding to that effect. Publication of the draft record of rights. Disposal of objections Framing of final record Final Publication of the records of rights (5) The revenue officer doing attestation shall have a distinctive seal bearing the ‘Attested’. As soon as the attestation of each khatian has been completed, the revenue officer shall affix to the attested Khatian this seal with his signature and date. 65. (1) After the completion of attestation is a village as foresaid, the revenue officer shall publish the draft of the record of rights under sub-section (1) of section 43 by placing it for public inspection free of charge during a period of thirty days at such convenient place of places as he may determine and cause a public notice in form 16 to be given to that effect in the village to which the draft record of rights relates, stating the place at which the draft records will be open to public inspection, the period for which they will be open to such inspection and objection, if any to be made in Form 17 within thirty days of the date of the publication of the notice. (2) Notwithstanding anything contained in the notice, the survey and settlement Officer may extend the period during which the draft record of rights will be open to inspection and during which objections may be filed. 66. (1) From 17 shall be made available by the revenue officer on payment of a price of ten naye paise per form and objection shall, as for as practicable, be made in such form. Along with the original objections, the objector shall file copies of the same with copies of notices in Form 18 for service on persons who are materially interested in the case and the revenue officer shall issue notice informing the objector and all such persons to interested of the date, time and place fixed for hearing of the objections. No objections shall be disposed of without affording the parties materially interested of their representative an opportunity of being heard. (2) Objections shall be disposed of in a summary manner. The names of witnesses examined and obstract of the reasons for decision shall always be recorded in addition to the decision itself. The revenue officer disposing of the objection shall record the final decision in the Bengali language, specifying the changes, if any, which are required to be made in the Khatian concerned. Necessary corrections in Khatians under objection shall be made by the revenue officer himself. 67. When all objections under rule 66 have been finally disposed of and the draft of the record corrected, wherever necessary, the Survey and Settlement Officer shall frame the final record inconformity with the draft record thus corrected. 68. The record of rights shall be finally published under sub-section (2) of section 43 by the Survey and Settlement Officer by placing it for public inspection free of charge during a period of thirty days at such convenience place or places as he may determine, and he shall cause a notice in Form 19 to be given to that effect in each village to which the record relates stating the place where it will be open to public inspection and the period during which it will be open to such inspection. (2) When a record of rights is placed for final publication under sub-section (2) of section 43, a certificate in the following form shall be attached to the first volume of the record of rights of each village:-- CERTIFICATE OF FINAL PUBLICATION Village …….. ………. …….. …… ….. ………… …… ……… ……… Certified that the record of rights of the interests as contained in the pages noted above has been finally framed and published under sub-section (2) of section 43 of the Tripura land Revenue and Land Reforms Act, 1960, on Survey and Settlement Officer Or Assistant survey and Settlement Officer. The certificate shall be sealed with seal of the survey and Settlement Officer. (3) Each page of the final record shall be stamped with a seal in the following form: “Record of rights finally framed and finally published under sub-section (2) of section 43 of the Tripura Land Revenue and Land Reforms Act, 1960.” Reconstruction of record-of- rights Survey and Settlement Officer [Government of Tripura] 68 A. (1) Notwithstanding anything contend in these rules, if any record-of-rights finally published under sub-section (2) of Section 43 becomes worn out or lost otherwise unfit for use, the Directors of Settlement Land Records shall, after recording the reason therefore, reconstructs such record-of- rights with reference to the worn out, or damaged record-of-rights, certified or attested copy of such record-of-rights, if any, and all available records relating to the stages preceding the stage of final publication of such record-of-rights : Provided that for the purpose of such reconstruction, any person whose interests are likely to be affected shall be given hearing and may also be called upon to produce, if in his possession, certified or attested copy of such record-of-rights. (2) Where a record-of-rights is reconstructed under sub-rule (1), the Director of Settlement and Land Records shall certify it to be reconstructed record-of-rights and such reconstructed record-of-rights shall be deemed to be the record-of-rights finally published under sub- rule (2) of Section 43. Availability of copies of records and recovery of cost Revision or correction of records Intimation of correction Preparation of field index (Khasra) 69. Copies of maps prepared under authority of the 2[State Government] and copies of final record of rights after certification as aforesaid may be made available to public officers, to land owners and tenants and to others in such manner as the 3[State Government] from time to time, may by general or special order, direct. The copies of maps and records which will be made available on payment of such cost as the 4[State Government] may direct. 70. The record of rights and such other records as the 5[State Government] may order shall be revised and corrected every year. 71. Any officer correcting any entry in the record of rights under section 45 shall, as soon as may be, after the correction give intimation thereof to the person or persons interested in the land to which the particular entry relates. 71. (A) 1[The draft field index (Khasra) to be prepared under section 45A shall be in form 8A. (2) Before taking up the preparation of the draft field index (Khasra) in a village, a proclamation shall be issued in F orm 4A by the Sub-Divisional Officer. *1. Amendment by13th amendment vide notification No. F.4(47)/RCC/79 Dated 29.1.81. 2, 3, 4&5, Substituted by the North Eastern Area (Reorganization) adaptation of laws order 1973 1. Inserted by 6th amendment by Notification No. F.39 (26)-REV/74 Dated 18.11.74. 2. Tripura Gazette, Extraordinary Issue, September 27, 1982 A.D. (4) After the proclamation has been so made, a general notice shall be served in the village and in the Tehsil Katchari in Form 9 informing the holders of land of the probable dates of commencement of the work of the preparation of the draft field index (Khasra) and requiring their attendance to assist the revenue officer employed on the said work. (5) (a) After preparation of the draft field index (Khasra) in the village aforesaid, the revenue officer shall publish the same under sub-section (1) of section 45 (A) by placing it to public inspection for a period of thirty days at such convenient place or places as he may determine and cause a public notice on Form 16 to be given to that effect in the village to which the draft field index (Khasra) relates, stating the place at which the draft field index (Khasra) will be kept open to such inspection and objection, if any, to be made in Form 17 within thirty days of the date of the publication of the notice. (b) Notwithstanding anything contained in the notice, the Revenue Officer may extend the period during which the draft field index (Khasra) will be open to inspection and during which objections may be filed. (5) The Revenue Officer shall receive all objections filed within the period specified in the notice or within such extended period, as the case may be, under clauses (a) and (b) of sub-rule (4) and dispose of them in a summary manner. (6) When all objections have been disposed of under sub rule (5) and draft field index (Khasra) corrected, wherever necessary the Revenue officer shall prepare the field index (Khasra) and publish the same under sub- section (2) of section 45A by placing it for public inspection free of charge during a period of thirty days at such convenient place or places as he may determine, and he shall cause a notice in Form 19 to be given to that effect in each village to which the field index (Khasra) relates stating he place where it will be open to public inspection and the period during which it will be open to such inspection. (7) If there is a conflict in any entry in finally published field index (Khasra) and in the record of rights, then the circle officer shall give a certificate to that effect and thereupon the entries in the record of rights shall be corrected.” Register of mutations 72. The register of mutations shall be in Form 20, there being a separate register for each village. Rewriting of record of right 73. The record of rights may by written after every five years or such longer period as the Collector may decide after scrutiny of the record. Reports for mutation 74. (1) All reports for mutation under section 46 shall be in Form 21. The applicant, i.e. the person reporting shall fill up columns 1 to 8 and other columns shall be filled in due course by the officer concerned. Mutation not to be in contravention of the Act Intimation about mutation Register of disputed cases Acknowledgement of objection The applicant shall also submit sufficient number of spare copies of the report for intimation to the persons interested. (2) Any person who prays for mutation of name in record of rights shall also state in his report the lands already held by him or any numbers of his family as raiyat or mortgage with possession of otherwise. (3) Village accountant shall acknowledge receipt of the report by making over the counter-foil duly filed in, signed and dated. 75. Before sanctioning the mutation, the authority concerned shall satisfy itself that the acquisition in pursuance of which mutation is sought is not in contravention of any of the provisions of this Act. 76. The intimation under sub section (3) of section 46 shall be given by sending a copy of the report along with a copy of the entry made under the said sub-section. 77. The register of disputed cases of mutation shall be in Form 22. 78. The acknowledgement to be given of the objection made under sub- section (4) of section 46 shall be given in From 23. Testing of entries 79. (1) Entries in the register of mutations shall be tested by the circle officer. (i) in the case of entries in respect of which objections have been decided under sub-section (5) of section 46, with reference to the relevant record; and (ii) in other cases by making such local inquiry as the circle officer may deem necessary. (2) An entry when so tested shall be transferred to the record of rights and shall be certified by the circle officer. 1[79. A (1) The register of Bargadar shall be in form 20 A (2) A report under sub-section (3) of section 46A of the Act and the acknowledgement thereof shall be inform 21A. The person making a report shall supply sufficient number of copies of the report for service on the interested persons. 79B. (1) On receipt of reference from any civil or criminal court under sub- section (2) of section 46B, the competent authority shall cause to make necessary entries in the register of bargadars and decide the case considering it as an objection under Sub-section (6) of section 46A made against the entries in the register of bargadars. (2) After disposal of the case under rule (1), the competent authority shall forward a copy of his order to the court from which the reference was made.] 1. Inserted by 12th Amendment vide notification No. F. 4(34)-EC/79, Dated Information to be supplied to collector on requisition 80. Every land-holder and any person holding any interest in land, or employed in the management of land, shall be bound on the requisition of the revenue officer to furnish any information required by such officer for the purpose of preparing, making or correcting any entry in the record of rights or the register of mutations or to show to the satisfaction of such officer that it is not in his power to furnish the required information. Alteration of of court Inspection and grant of copies 81. Whenever any court of competent jurisdiction makes a decree confirming any transfer of possession of a transferable estate or holding or gives effect to any decree transferring any such possession, such court may order the transfer to be registered in the mutation register and the Collector shall cause necessary entries to be made in the mutation register. 82. The inspection and grant of certified copies of revenue records shall be governed by the provisions of Schedule II. CHAPTER VI Boundaries and Boundary Marks Determination boundary disputes Description of boundary marks 83. (1) Whenever in the course of revenue survey or otherwise it comes to the knowledge of a survey officer that any boundary dispute exists, he shall decide it after enquiry at the spot. (2) When a village has been cadastrally surveyed the boundaries shown in the cadastral map shall be presumed to be correct unless contrary is proved. 84. (1) Boundary marks to be contracted and land out under the provisions of the Act shall be of the following description namely:- (i) Marks erected to show the trijunction points of village (to be called “trijunction marks”) shall be of re-inforced cement concrete, 76.20 cm in height, made in to a prism of triangular cross section, each side of the being 15.24 cm in length; (ii) Marks erected to show demarcation of other village bondaries or for other special purposes, viz. demarcation of disputed boundary, Government land etc. shall also be of reinforced cement concrete, 60.96 cm in height made in to a prism of square cross section each side of the square being 10.16 cm in length. (iii) Marks erected to show the demarcation of plot boundaries, shall if so requested, be of reinforced cement concrete, 45.72 cm in height made into a prism of square cross section each side of the square being 7.62 cm in length. (2) Other boundary marks shall be of such description and of such dimension and material as may be determinated by the Collector or other competent authority. Erection of boundary marks on requisition Maintenance of boundary marks 85. (1) Every holder of land on the written requisition of a survey officer empower under section 54 shall erect and repair such boundary marks on the land as that officer directs. (2) It shall fall due in two equal installments, one on the 15th rule (1) fails to comply with it, the survey officer may cause to be repaired and realize the cost so incurred from persons having interest in the land. 86. The maintenance of boundary marks in all village shall be regulated as follows:- (i) boundary marks of Government land shall be maintained by the Government Department concerned; (ii) village boundary marks shall be maintained by the Collector; and (iii) any other boundary marks erected in accordance with the directions of the Collector or other competent authority shall be maintained in accordance with such specifications and instructions as may be issued by him, from time to time. Register of boundary marks 87. The revenue officer in charge of village boundary demarcation shall maintain a register of all boundary marks so as to ensure that they are properly maintained and kept in good condition. CHAPTER VII REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS Land revenue when and how payable Notice of demand 88. (1) Every sum on account of the land revenue shall be payable to the tehsildar in his office. (2) It shall fall due in two equal installments, one on the 15th November, and the other on the 15th of March every year though payment may be made at any time before these dates. 89. (1) A notice of demand under section 62 shall be issued in Form 24 by and under the signature and seal of the circle officer of the circle in which the holding to which the land revenue relates is situated. If such notices are required to be issued against a defaulter residing in another circle the circle officer may do so either direct or through the circle officer of such other circle. (2) A sub-Divisional officer or Collector any issue a notice of demand in respect of the land revenue payable on account of any holding which is situated within his jurisdiction. (3) It shall be issued in duplicate and shall be served in the manner of a notice as prescribed in Schedule III. (4) The fee for the notice of demand shall be added to the arrears for which the notice is issued and shall be included in the amount specified therein. Distraint and sale of movable property Distraint of movable property other than the produce of the land Distraint of produce of land 90. (1) Any Collector, sub-divisional officer or circle officer may issue a warrant of distraint of movable property including the produce of the land of any defaulter in form 25 and sell the same thereafter by public auction. (2) Such auction shall be held at the spot unless the officer ordering the auction is of the opinion that the auction if held in any other place would bring a higher price in which case auction may be held at such other place. (3) If the auction is not held at the spot due publicity thereof shall be given by issuing a proclamation in Form 26 which may also be proclaimed by beat of drum, if the officer ordering the sale deems it necessary. 91. (1) When the property to be distrained is movable property (other than the produce of the land) in the possession of the defaulter the distraint shall be effected by actual seizure and the distrainig officer shall keep the property in his own custody, of in the custody of any one of his subordinates who shall be responsible for the due custody thereof. Provided that when the property so distrained be subject to speedy or natural decay, or if the expenses of keeping it in custody are likely to exceed its value, the distraining officer may if so authorized by the officer issuing the warrant of distraint sell it at once; Provided further that if the property distrained consists of live stock, agricultural implements or articles, which cannot be conveniently removed, and the distraining officer does not act under the first proviso he may— (i) Leave it in the charge of any person claiming to be interested in such property or of any other person, who is willing to undertake to keep and be responsible for the custody of such property on his entering into a bond with one more sureties for an amount not less than the value of the property that he will take proper care of the property and produce it when called for or (ii) In the case of live-stock leave it in the charge of the pound keeper, if any. (2) The distraining officer shall make a list of the property distrined and obtain thereon an acknowledgement from the person in whose custody the property is left, and if possible, also of the defaulter and at least two other persons in attestation of the correctness of the list.. If the property distrained includes both live stock and other articles separate lists thereof shall be prepared and got attested. 92. (1) Where the property to be distrained is the produce of the land, the distraint shall be made by affixing a copy of the distraint warrant— (i) Where such produce is growing, on the land on which the produce is growing, or (ii) Where such produce has been cut or gathered o the threshing floor or the place for treading out grins or the like in which it is deposited. This service will be in addition to normal process of service provided in the para 33 of schedule III Custody of distrained property Leaving livestock in the charge of pound keeper Attachment of immovable Management of attached property Claim of third persons (2) The distraining officer shall make such arrangements for the custody of produce of the land as he may consider sufficient and also to tend, cut, gather, and store the produce and do any other act necessary for maturing or preserving it. (3) The cost incurred under sub-rule (2) shall be payable by the defaulter. 93. (1) Where the distrained live-stock is not left in the charge of the defaulter the expenses of feeding it shall be charged at such reasonable rate as the Collector may, by general or special order, fix. (2) Where the property distrained is movable property, other than produce of the land or live-stock, and has not been left in the charge of the defaulter, the expenses for its safe custody shall be charged at such reasonable rate as the Collector may, by general or special order, fix. (3) The cost incurred under sub-rules (1) and (2) shall be a charge on the sale price of the property. 94. Where the disrtained live stock is left in the charge of the pound keeper, the produce provided in paras 38 to 41 in Schedule III regarding live stock attached in execution of decrees of attachment will be applicable. 95. (1) Where the property is immovable property, the attachment shall be made by an order in Form 27 issued by the Collector prohibiting the defaulter from transferring or charging the property in any manner and all persons from having any transfer or charge from him. (2) In addition to service provided for the service of a notice in Schedule III, a copy of the prohibitory order shall be affixed at a conspicuous part of the property and shall be proclaimed in the locality by beat of drum. (3) The order shall take effect as against transferees for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the date on which such order is made. (4) No payment made after the making of the proclamation on account of rent or any other asset of the estate or holding to any person other than the Collector or his agent shall be credited to the person making the payment or relieve him from liability to make the payment to the Collector or his agent. 96. When the property attached consists of immovable property, the attaching authority shall be entitled to manage the property so attached or entrust its management to such person or authority on such conditions as it deems fit and to receive all rents and profits accruing there from, to the exclusion of the defaulter. The collection charges in respect of the property so attached and managed shall after the costs of attachment and management have been deducted there from be applied to the payment of arrears for which the property was attached. 97. If any claim is set up a third person to the property attached or proceeded against, the officer ordering the attachment or proceedings, shall enquire in to the claim and may admit or reject it. Objection by defaulter Proclamation for sale Inspection and copy of sale proclamation Date of sale Absence or insufficiency of bid 98. If the defaulter files any objection against the attachment or proceeding against the property it shall be disposed of by the officer ordering the attachment or proceedings. 99. (1) When the sale of any immovable property is to be held, the proclamation for sale shall be issued in From 28 it the property to be auctioned is the holding on account of which the arrears are due and in Form 29 if it is some other property belonging to the defaulter. (2) The officer conducting the sale shall cause wide publicity of the proclamation of sale to be made and may, in addition to other processes provided for such publicity in para 33 of schedule III, get it published in any newspaper having circulation in the area. (3) The proclamation of the intended sale shall state the date, time and place of the sale and specify the following as clearly and accurately as possible— (i) the property to be sold: (ii) estimated value of the property; (iii) the amount for the recovery of which the sale ordered; and (iv) such facts which the authority considers material to note in the proceeding in order to charge full and fair value of the property including such other circumstances as a purchaser ought to know. (4) The proclamation mentioned in sub-rule (3) shall be served under sub-section (2) of section 66 on the defaulter as provided in paras 2 to 31 of schedule III (5) The authority issuing the proclamation may summon the defaulter and examine him with respect to any matter, which is to be included in the said proclamation. (6) The place of sale to be specified under sub-rule (3) shall be either the office of the circle or any place near the property to be sold. 100. The originals or copies of sale proclamations shall be open to inspection to public on all working days free of charge at the office of the officer issuing the proclamation within such office hours as the Collector may, from time to time, fix. 101. No sale shall, without the consent in writing of the default take place— (i) on Sunday or any gazetted holiday; and (ii) until after the expiry of at least 30 days from the date on which proclamation thereof was made. 102. When property is being put to auction for arrears of land revenue and there be no bid, the revenue officer conduction the sale may purchase the same in the name of the administrator for one rupee or if the highest bid be insufficient to cover the arrears due may purchase the property on behalf of the State Government at the highest bid. 1. Substituted by the North-Eastern Area (Reorganization) (Tripura) Adaptation of laws order 1973. Sale Officer Auction sale when to stop Objection by purchaser Application for setting aside the sale Certificate of purchase Delivery of possession Intimation to the commanding officer of cantonment 103. (1) If the officer ordering or conducting the sale is of the opinion that there are sufficient grounds for such action he may adjourn the sale after recording reasons therefore. (2) Where the sale is postponed or adjourned under sub-rule (1) a fresh proclamation shall be made unless the defaulter consents in writing to waive it. 104. Auction sale shall be stopped if before the hammer is struck the amount due including process fees and cost of attachment and sale are tendered to the officer conduction the sale or proof is given to his satisfaction that the amount with required costs has been paid to the officer, who ordered the sale. 105. The purchaser may at any time within thirty days from the date of the sale of the immovable property, apply to the collector to set aside the sale on the ground that the defaulter had no interest in the property sold and he shall after summary enquiry in the manner prescribed in Schedule III pass such order on such application as he deems fit. 106. (1) An application for setting aside a sale under section 73 shall be made to the Collector giving therein the grounds on which such sale is sought to be set aside and documentary evidence, if any, in support thereof. (2) Such an application shall be disposed of by the Collector after giving notice to the parties interested in the sale and after affording such parties an opportunity of being heard and producing evidence. 107. (1) When a sale has been confirmed, a certificate shall be given to the purchaser in Form 30. (2) The officer ordering the sale then depute an official to deliver possession of the property for which sale certificate has been issued to the purchaser. (3) The title to the property shall vest in the purchaser from the date of the certificate. (4) A certificate granted to a purchaser under section 76 shall be conclusive evidence in his favour and in favour of any person claiming under him, that every publication, posting or any dispatch, notice or letter required by the Act or these rules to be published, served, posted or dispatched has been duly effected. 108. (1) Where the purchaser is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Collector complaining of such resistance or obstruction. (2) Thereafter the matter will be proceeded with in accordance with rules 116 to 123. 109. Whenever any house or other building situated within the limits of a cantonment is sold the Collector shall, as soon as the sale is confirmed, forward to the commanding Officer of such cantonment for his information or for record in the brigade or other proper office, written notice that such sale has taken place and such notice shall contain full part full particulars of the property sold and of the name and address of the purchaser. Cost of proclamation and other costs 110 (1) In calculating the cost of sale, the revenue office shall take in to account the cost of notice of demand, attachment, and publication of the sale and any other costs incurred in conducting the sale. Recovery of other amounts recoverable of land revenue (2) If the proceeds of the sale fall short of such arrears for which it was held, the balance remaining due from the defaulter may be recovered from him by further proceeding under Chapter VII of the Act, or any other means authorized by law. 111 (1) Where any amounts are to be recovered as an arrear of land revenue, the authority having jurisdiction to recover the amount shall send a request to the collector with the following particulars:-- (a) the authority to whom and the account on which the sum is due; (b)the person from whom the sum is due; (c) the sum due; (d) the provision of law under which the sum is recoverable as an arrear of land revenue; (e) the process by which such sum may be recovered; and (f) the property against which the process may be executed. Fees to be charged for execution of processes (2) On receipt of the application, the Collector shall proceed to recover the amount like arrear of land revenue due from person mentioned in the request. 112. The fees at the following rates shall be charged for serving and executing processes issued under the Act or these rules. (1) For every notice if sent (a) by registered post… ........... Rupees two. (b) By post… ................ seventy five paise. (2) for a summons for appearance in respect of each person Rupee one. (3) for available warrant of arrest in respect of each person Rupee one. (4) for warrant of distraint of movable property (a) for arrears upto Rs. 200 Rupees one and fifty naya paise. (b) for arrears above Rs. 200 and upto Rs. 500 Rupee two. (c) for arrears above Rs.500 and upto Rs. 1,000 Rupees two and fifty naya paise. (d) for arrears above Rs. 1,000 Rupees three. (5) for a prohibitory order in cases of attachment of immovable property Rupee three. (6) for proclamation of sale of movable or immovable property Rupee two. (7) for a warrant for the delivery of immovable property Rupee three. (8) for any process not specified above Application of the code of civil procedure 113. Subject to the provisions of the Act and these rules, the provisions of the Code of Civil procedure 1908 relating to the attachment of sale of property shall as far as may be, apply to the proceedings under this Chapter. CHAPTER VIII Form and service of summons Procedure of Revenue Officer 114. Every summons to be issued by a revenue officer shall (i) in the case of a party, be in Form 31 or 32, as the case may be; and (ii) in the case of a witness, be in From 33, and shall be served in the manner prescribed in Schedule III. Bail able warrant of arrest Delivery of possession Obstruction of delivery of possession 115. The warrant to be issued under section 86 shall be in Form 34. 116. Where an order is passed under the 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 the following manner:-- (i) Where the order is for delivery of any land possession thereof shall be delivered to the party to whom it has been adjudged fudged, or to such person as he may appoint to receive delivery on his behalf, and if necessary, by removing any person who refuses or vacate the land. (ii) Where the order is for the joint possession of land, such possession shall be delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by beat of drum or other customer mode at some convenient place the substance of the order. (iii) Where possession of any building or enclosure is to be delivered and the person in possession, being bound by the order, does not afford free access, the competent authority through its officer may, after giving reasonable warning and facility to any woman not appearing in public according to local custom to withdraw, remove or open any lock or bolt or break open any door or do any other act necessary for delivering possession. (iv) Where the order is for the delivery of land in the occupation of a tenant to other person entitled to occupy the same and not bound by the order to relinquish such occupancy, delivery shall be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode at some convenient place, the substance of the order in regard to the property. 117. (1) If resistance or obstruction to the delivery of possession is made by any person, the person in whose favour the order has been issued make an application to the court complaining of such resistance or obstruction. (2) The court shall fix a day for investigating the matter and shall summon the party against whom the application is made to appear and answer the same. Use of force against person putting restraint Dismissal of application for possession Transfer by judgment debtor Application by person wrongly dispossessed 118. Where the court is satisfied that the resistance or obstruction was occasioned without any just cause by the person against whom the order has been issued or some other person at his instigation, it shall direct that the applicant be put into possession of the property, by use of such force as may be necessary. 119. Where the court is satisfied that the resistance or obstruction was occasioned by any person (other than the person against whom the order has been issued) claiming in good faith to be in possession of the party on his own account or an account of some person other than the judgment debtor, the court shall make an order dismissing the application. 120. Nothing in the last preceding rule shall apply to resistance or obstruction in execution of an order for delivery of possession of land or directing eviction by a person to whom the judgment debtor has transferred the property during the pendency, of the proceeding. 121. (1) where any person other than the person against whom an order has been issued for delivery of possession is disposed of immovable property, he may make an application to the court complaining of such dispossession. (2) The court shall fix a day for investigating the matter and shall summon the party against the application is made to appear and answer the same. Order for re-delivery of possession A person other than a judgment debtor may institute a suit Procedure of revenue court and officers Extent of applicability of CPC 122. Where the court is satisfied that the applicant was in possession of the property on his own account of some person other than the person against whom the order for delivery of possession has been passed, it shall direct that the applicant be put into possession of the property. 123. Any person not being a judgment debtor against whom an order is made under rule 118 or rule 119 may institute a suit to establish the fight which he claims to the present possession of the land; but subject to the result of such suit (if any), the order shall be conclusive. 124. (1) The procedure for revenue courts and of proceeding before revenue officer shall be governed by Schedule III. (2) subject to the other previsions of these rules, any enquiry by a revenue court, not specifically required to be held in the manner provided for summary enquiry in Schedule III. 125. Subject to the provisions of the Act and these rules the Code of Civil Procedure 1908 shall, as far may be, apply to all or any of the proceeding taken by any revenue court under the Act. “125A. (1) The 1[Administrator] may either on its own motion or on the application of any party at any stage transfer any revision case arising under the Act and pending before him or authority competent to dispose of the same. The Administrator may, however, recall any revision case at any stage from the officers to whom it has been so transferred and hear it himself or retransfer the same. 1. Inserted by the Tripura Land Revenue & Land Reform (5th amendment) rules 1970. (2) Where any such case has been transferred under sub-rule (1) the officer who thereafter hears it may subject to any special direction in the order of transfer either re-hear it or proceed from the point at which it was transferred”. Reservation of land for personal cultivation CHAPTER IX Rights of Raiyats in Land. 126. (1) An application by a raiyat under section 100 shall be main From 35 to the competent authority. The raiyat shall submit with the original application as many copies of the application as there are under raiyats holding land under him whose land he requires to the reserved for his personal cultivation and two more copies to be sent for purpose of the verification and report. (2) The competent authority shall, from the entries in the record of rights, ascertain, by such enquiry as may appear necessary the number of under raiyats holding land under the said raiyat. (3) A copy of the application shall be sent to the sub-registrar for verification and to the tehsilder for report in form 36. Notice of under raiyat Reply of under raiyat Disposal of the application 127. The notice under sub-section (1) of section 101 shall be in Form 38. 128. The details of lands to be furnished under sub-section (2) of section 101 shall be in form 38. 129. (1) Before disposing of the application for resumption the competent authority shall examine the location, nature and quality of the lands held by the raiyat and the under raiyat. Certificate Notice to issue when land left uncultivated (2) In passing an order sub-section (3) of section 101, the competent authority shall also determine the following:-- (i) what land, if any, the raiyat may reserve for personal cultivation; (ii) the location and extend of land to be left with the under raiyats; and (iii) the right of the under raiyats to the use of source of irrigation in respect of the land left with them. 130. After determining the land to be reserved for personal cultivation of the riayat and the land which each of the under raiyats may be allowed to retain, the competent authority shall issue— 131. (1) Subject to the provision of sub-rule (2) where a raiyat has allowed his land to remain uncultivated for a period of not less than 1[one year] the collector may, by notice in Form 41 call upon the raiyat of any such land to use the land for purposes of agriculture by himself or through under raiyats. 1. Substituted by the Tripura Land Revenue & Land Reforms (6th Amendment) rules 1974. The Collector shall not issue notice under sub-rule (1):- (a) in respect of land rendered unfit for cultivation through natural calamities, or (b) the cultivation of which has been prohibited by an order a competent court, or (c) the land which, under any law or custom or usage for the time being in force is reserved in the year immediately preceding the date on which a notice would otherwise issue for any of the following:-- (i) threshing ground (iii) any public purpose; (iv) any purpose for which permission has been obtained under section 20 of the Act; Service of notice Compliance of notice (3) Where the holder of any land satisfies the Collector within fourteen days from the date of the service of a notice under sub-rule (1) that either his case is covered by sub-rule (2) or he is already making full and efficient use of land for cultivation, the Collector shall cancel the notice. 132. The notice may be served on the holder by delivering or tendering to him a copy thereof. Provided that where the holder of such land is not readily traceable or refuses to accept a copy of such notice, the notice may be served by affixing a coy thereof on the last known place of residence of such holder of land or on a conspicuous part of the land to which it relates. 133. The notice under sub-rule (1) of rule 131 shall, subject to the provisions of sub-rule (3) of the said rule, be complied with within a period of three months from the date of the service of such notice or such extended period as the Collector may, on sufficient cause being shown, from time to time allow. Lease by Collector 134. Where the raiyat of any such land has failed to comply with the notice, the Collector may subject to the provision of the Act, grant a lease of the land to such person as he may deem fit on such terms as may appear reasonable. Registration of leases 135. A lese of the land by a raiyat shall be registered by the Circle Officer on an application made in this behalf. Notice of relinquishment 136. (1) The notice for relinquishment of a holding under sub-section (1) of section 107 shall be made in Form 42 and shall be endorsed by two witnesses. (2) The notice shall contain particulars of each plot which the raiyat wishes to relinguish and of the land revenue payable therefore. (3) It shall also bear a certificate denoting that the holding or any part thereof is not subject to any encumbrance or charge. Service of Notice for transfer Certain restriction on the rights of transfer for the protection of the interests of the scheduled tribes. **[136A. (1) A notice by a person not belonging to the scheduled Tribe under section 107D shall be in Form 66 to the competent authority. The original notice shall be accompanied by as many copies of the notice as there are co-sharers of the land intended to be transferred and the members of the Scheduled Tribe owing land adjoining such land along with two more copies to be affixed on such land and in the office of the competent authority. (2) The notice shall clearly describe the property to be sold, the price to be charged, the encumbrances to the land, if any, the name address of the co- sharers and the name address of the members of the Scheduled Tribe owing land adjoining to the land to be sold. (3) In an application under sub-section (3) of section 107 D the co- sharer and the member of the Scheduled Tribe shall indicate as to whether he is ready to purchase the land at a price demanded by the intending transferor. (4) If more than one co-sharers or members of the Scheduled Tribe apply under sub-section (3) of section 107D to purchase the land to be sold, the competent authority shall select a person entitled to purchase such land in accordance with the provisions of sub-section (4) of section 107D and shall communicate to the person selected to purchase the land and to the intending transferor. (5) If no application is received under sub-section (3) of section 107D within the time specified, the competent authority shall invite applications by a notice in Form 67 from the intending purchaser belonging to the landless Scheduled Tribe residing in the village or Tehsil, as the case may be, where the land is situated. (6) Notice in Form 67 under sub-rule (5) shall be served by affixing a copy thereof in a conspicuous place of the village where the land is situated, in the Tehsil office and in the office of the competent authority. (7) On receipt of the applications under sub-rule (6) the competent authority shall after examining the applications and after hearing the applicants and such other person or persons as he may to be heard, select a landless member of the Scheduled Tribe entitled to purchase the land to be sold and shall communicate the same to the person selected and to the intending transferor. (8) If there is any dispute about the market value payable for the land to be sold as referred to in sub-sections (6) and (8) of section 107D the competent authority shall determine the market value of the land after examining the relevant documents and after hearing such person or persons as he may like to be heard. The value of the land used for agricultural and * The new chapter and new rule 136A inserted by the Tripura Land. ** Revenue and Land Reforms Act (Amendment) Rules, 1975. Application for p