The Tripura Land Revenue and Land Reforms Rules, 1961

these rules may be called the Tripura land Revenue and Land Reforms Rules, 1961.

In these rules, unless there is anything repugnant in the subject or context:

1. (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.
3. (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 [State Government]
4. (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:
5. (d) ‘Schedule’ mans any of the schedules to these rules; and
6. (e) ‘Section’ means section of the Act.

The distance of a nearby village referred to in explanation I to clause (p) of section 2 shall not exceed 8 kilometres from the village in which the land is situated, such distance being reckoned by the route normally used for journeys between the two villages.

General Powers of revenue Officer

The Collector shall have the power of general superintendence and control over al other officers subordinate to him and shall also have power to all cater work among them.

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.

General powers of superior officers Save as otherwise provided by the act, any revenue officer may exercise any power pr discharge any function which may be exercised or discharged, as the case may be, by any officer subordinate to him.

Land and Land Revenue

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.

Subject to the provisions of section 12,

1. (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 [State Government] and
2. (ii) all 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.

1. (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. (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. (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.

The Collector shall receive and enquire into any abjection 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.

Any objection received under rule 10 shall be heard and disposed of after a formal inquiry in the manner laid down in Schedule III;

Declaration of pasturage 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.

Use of pasturage 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 pasturage may be used.

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.

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.

The Collector may, in consultation with the Head of the Forest Department.

Management of land by gram Panchayat

1. (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. (2) The Sub-Divisional Officer may either on his 0wn 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.

1. (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. (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
3. (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 any ting deposited on the land within a time specified in the order.

The [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:-

1. (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;
2. (ii) Where waste or unproductive land is sought to be brought under cultivation; and
3. (iii) Where in the opinion of the [State Government] exemption from land revenue will be in public interest.
   • • Deleted.

²⁰ Deleted

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.

Diversion of land to agricultural purpose

1. (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. (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.

If any land held for one purpose is diverted to any other purpose except agriculture, the assessment theron shall be revised in accordance with any of the methods specified below according to the circumstances of the case, viz:-

1. (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 [State Government] under sub-section (1) of section 34, then in accordance with such revenue rate;
2. (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.

In fixing the actual assessment of a plot of land, the area thereof measuring less than [0005 hectares shall be taken to be .0005 hectare.]

Remission or suspension of land revenue may be granted—

1. (a) in the event of failure of crops due do—
2. (b) widespread calamities such s famine, draught, etc.;
3. (c) local calamities such as hail, floods, locusts and similar visitation; and
4. (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.

Ordinarily relief shall take the form of suspension of revenue.

Relief in widespread calamities

1. (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. (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

Relief in local calamities The foregoing rule shall apply in the cases of local calamities subject to the following modification, namely:-

1. (a) relief shall be granted to individuals varying according to the damage done to the total holding of each; and
2. (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.

1. (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:--

1. (i) if mare than half the area allowed to Full remain fallow was cultivated during the previous year.
2. (ii) If less than half the area allowed to Half Remain fallow was cultivated during the Previous year.

1. (2) Relief under sub-rule (1) shall be determined for individual holding separately.

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.

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]

1. (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. (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.

Remission of suspended Suspended land revenue maybe remitted in whole or in part:--

1. (a) when the revenue which it is sought to remit has been suspended for three years; and
2. (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. (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. (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.]
3. (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.

Survey and Settlement of Land Revenue

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 devide 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.

1. (2) The profits of agriculture of land in nit shall be the average profits of agriculture for Nal and Lunga classes of land in nit, determined on the basis of enquire on plots selected on samples base.
2. (3) The profits of agriculture shall be computed after detucting the estimated cost of cultivation from the market value of the products and bye-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]

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 frok 4B and publish the same by placing it for public in form 4B and publish the same by placing it for public inspection free of charge during a period jof 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.

1. (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.
2. (3) After disposal of all objection 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.
3. (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).] 1[Omitted]

³⁸ Omitted

1. (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. (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.

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:--

1. (i) Proceedings shall simultaneously be taken for the preparation and publication of the table of revenue rates;
2. (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
3. (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.

Subject to the provisions of section 32—

1. (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. (b) The assessment nit 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.

The revenue rate of any class of land shall not exceed—

1. (i) in case of agricultural land, one-eight value of the yield of the land.
2. (ii) In case of other land 3% of the market value of the land.

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.

To the table of revenue rates shall be annexed—

1. (i) a map of the assessment unit showing the village;
2. (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.

The Survey and settlement Officer or the assistant survey and Settlement Officer shall publish the table of revenue fates 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.

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.

The 1[State Government] may by an order direct alteration of revision of 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.

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—

1. (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;
2. (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.

1. (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 intrest therein should be borne, he shall submit for orders of the 1[State Government] the principles on which he proposes to make apportionment.

Liability of individual for costs

1. (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.
2. (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.

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.

1. (1) A separate settlement register shall be prepared for village.
2. (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 nder raiyats;
   • (vi) 3[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;
   • (ix) Revenue free lands;
   • (x) List of lands in which public hare common fight 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;
   • (b) Soil classes;
   • (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;
   • (f) Main crops;
   • (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;
   • (l) Pasture land;
   • (m) Burial and cremation ground;
   • (n) Natural products and mines, if any,;
   • (o) Village officer;
   • (p) Trade, communication and marking facilities;
   • (q) Crafts and industries;
   • (r) Temples, mosques and other notable objects; Rural indebtedness, economic conditions, use of excisable goods;
   • (t) Rain-fall;
   • (u) Such other information as may be considered necessary and usefull.

1. (1) The record of right shall consist of a statement of rights in from 7, hereinafter referred to as the ‘Khatian’
2. (2) There shall ordinarily be a separate Khatian for each person interested or group of persons jointly interested in the land an the Khatian shall show the rights and liabilities of each such person.

There shall be prepared in Form 8 a Field Index or Khasra’ arranged according to the serial numbers of the plots in the village.

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.

1. (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;
   • (ii) traverse survey;
   • (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 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.

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.

Village boundary demarcation. The revenue survey of an area notified under section 26 shall be based on village boundary demarcation.

Traverse survey Traverse survey.

Cadastral Survey Cadastral Survey.

1. (1) The cadastral survey of the area shall be based on traverse survey.
2. (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.

Survey Number. 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.

Preparation of preliminary record of rights.

Bujharat Bujharat.

1. (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. (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:-- [ Provided that in case of revision of records such of Khatian styled as parcha may be made over after the completion of the Bujharat of a village instead of making over before Bujharat].
3. (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. (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. (5) On completion of the bujharat of a village, the revenue officer shall furnish a certificate in Form 13.

Attestation including ascertainment of rent and revenue.

1. (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. (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. (3) The revenue officer shall take up the preliminary record of fights 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 se 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 [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) o 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. (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.
5. (5) The revenue officer doing attestation shall have a distinctive seal bearing the ‘Attested’.

Publication of the draft record of rights Publication of the draft record of rights.

1. (1) After the completion of attestation is a village as aforesaid, 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. (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.

Disposal of objections.

1. (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. (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.

Framing of final record Framing of final record. When all objection 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.

Final publication of the records of rights.

1. (1) 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. (2) When a record of rights is placed for final publication under sub-section (2) of section 43, a certificate in the

Availability of copies of records and recovery of cost.

Revision or correction of records.

Intimation of correction.

Framing of final record. When all objection 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.

The register of mutations shall be in Form 20, there being a separate register for each village.

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.

1. (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. The applicant shall also submit sufficient number of spare copies of the report for intimation to the persons interested.
2. (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 mortagage with possession of otherwise.
3. (3) Village accountant shall acknowledge receipt of the report by making over the counter-foil duly filed in, signed and dated.

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.

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.

The register of disputed cases of mutation shall be in Form 22.

The acknowledgement to be given of the objection made under sub-section (4) of section 46 shall be given in From 23.

(!) Entries in the register of mutations shall be tested by the circle officer.

1. (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
2. (ii) in other cases by making such local inquiry as the circle officer may deem necessary.

1. (2) An entry when so tested shall be transferred to the record of rights and shall be certified by the circle officer.

1. (1) The register of Bargadar shall be in form 20 A
2. (2) A report under sub-section (3) of section 46A of the Act and the acknowledgement thereof shall be inform 21A.

Reference of bargaining cases

1. (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 I the register of bargadars.
2. (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.

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 I formation 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.

Whenever any court of competent jurisdiction makes a decree confirming any transfer of possession of a transferable estate or holding or gives effect to ant decree transferring 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.

The inspection and grant of certified copies of revenue records shall be governed by the provisions of Schedule II.

Boundaries and boundary Marks

1. (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. (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.

1. (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 I 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. (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.

1. (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. (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.

The maintenance of boundary marks in all village shall be regulated as follows:-

1. (i) boundary marks of Government land shall be maintained by the Government Department concerned;
2. (ii) village boundary marks shall be maintained by the Collector; and
3. (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.

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.

Realisation of Land Revenue and Other Public Demands

1. (1) Every sum on account of the land revenue shall be payable to the tehsildar in his office.
2. (2) It shall fall due in two equal instilments, 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.

1. (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. (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. (3) It shall be issued in duplicate and shall be served in the manner of a notice as prescribed in Schedule III.
4. (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.

1. (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. (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. (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.

(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.

The document appears to conclude its detailed content before reaching that section.

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.

Realisation of Land Revenue and Other Public Demands

Attachment of immovable property Attachment of immovable property.

[Note:

(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.

(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.

The document appears to conclude its detailed content before reaching that section.

Inspection and copy of sale proclamation Inspection and copy of sale proclamation.

1. (list) and rules up to Section 48; it does not contain the content for Section 101 ("Date of sale").

**Index listing:**

104. Auction sale when to stop. 24

Objection by defaulter [Section text not available in the official gazette publication.]

Inspection and copy of sale proclamation.

Delivery of possession.

Auction sale when to stop [Section text not available in the official gazette publication.]

Delivery of possession.

Procedure of Revenue Officer

Rights of Raiyats in Land

Certain restrictions on the rights of transfer for the protection of the interests of the scheduled tribes

Service of Notice for transfer

1. (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. (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. (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. (4) If more 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 selected a person entitled to purchase such land in accordance either the provisions of sub-section (4) of section 107D and shall communicate his decision to the person selected to purchase the land and to the intending transferor.
5. (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. (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 lands is situated in the Tehsil office and in the office of the competent authority.
7. (7) On receipt of the applications under sub-rule (6) the competent authority shall after examining the applications and after hearing the applications 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. (8) If there is any dispute about the market value payable for the land to be sold as referrer 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 non-agricultural purpose shall be determined by the competent authority after taking into consideration the market value of similar land devoted to similar purpose in the neighborhood.
9. (9) The Selected intending purchaser shall deposit the consideration money within 30 days from the date of order with competent authority under sub-section (8) of section 107D. (10)
   • (a) The certificate under sub-section (9) of section 107D shall be given to the purchaser in Form 68.
   • (b) The competent authority shall then depute an officer to deliver possession of the property for which certificate had been issued to the purchaser.
   • (c) The title to the property shall best in the purchaser from the date of the certificate.
10. (11) If an expiry of the period prescribed under sub-rule (9) the competent authority finds that the consideration money has not been deposited, it shall intimate the Government to this effect and the Government may purchase such landing accordance with the proviso to sub-section (10) of section 107D.
11. (12) If the Government purchases the land to be sold then after so purchase it may transfer the said land to the selected intending purchaser who is a member of the Scheduled Tribe on condition of his repaying the consideration money by such annual installments not exceeding twenty as may be decided by the Government, with interest at the rate of two and half percent per annum on the unpaid amount.

Rights of under-raiyat

"137. Application for permission when raiyat refuses or its to consent. 31"

When permission may be granted or refused. 31

Determination of the fixed produce rent.

Certain restrictions on the rights of transfer for the protection of the interests of the scheduled tribes

Service of Notice for transfer (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 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 selected a person entitled to purchase such land in accordance either the provisions of sub-section (4) of section 107D and shall communicate his decision 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 lands 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 applications 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 referrer 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 non-agricultural purpose shall be determined by the competent authority after taking into consideration the market value of similar land devoted to similar purpose in the neighborhood. (9) The Selected intending purchaser shall deposit the consideration money within 30 days from the date of order with competent authority under sub-section (8) of section 107D. (10) (a) The certificate under sub-section (9) of section 107D shall be given to the purchaser in Form 68. (b) The competent authority shall then depute an officer to deliver possession of the property for which certificate had been issued to the purchaser. (c) The title to the property shall best in the purchaser from the date of the certificate. (11) If an expiry of the period prescribed under sub-rule (9) the competent authority finds that the consideration money has not been deposited, it shall intimate the Government to this effect and the Government may purchase such landing accordance with the proviso to sub-section (10) of section 107D. (12) If the Government purchases the land to be sold then after so purchase it may transfer the said land to the selected intending purchaser who is a member of the Scheduled Tribe on condition of his repaying the consideration money by such annual installments not exceeding twenty as may be decided by the Government, with interest at the rate of two and half percent per annum on the unpaid amount.

Rights of under-raiyat

"137. Application for permission when raiyat refuses or its to consent. 31"

Receipt to be granted. 33

Compensation for improvement [Section text not available in the official gazette publication.]

Estimating the value of produce for purpose of rent [Section text not available in the official gazette publication.]

Date from which the order for reasonable rent to take effect

Date from which the order for reasonable rent to take effect. 34

it does not contain the text for Section 155, "Manner of inquiry."

Payment of rent in certain cases [Section text not available in the official gazette publication.]

157. Receipt for payment of rent. 35

Receipt to be granted. 33

Application for restoration of possession of land to under-raiyat

Application for restoration of possession of land to under-raiyat. 35

Payment of deposited rent [Section text not available in the official gazette publication.]

Date from which the order for reasonable rent to take effect. 34

Commutation of rent payable in kind [Section text not available in the official gazette publication.]

it does not contain the text for Section 155, "Manner of inquiry."

157. Receipt for payment of rent. 35

Presumption regarding incomplete receipt [Section text not available in the official gazette publication.]

It does not contain the text for Section 167.

Acquisition of estates and of the Rights of Intermediaries therein

Final publication of the compensation assessment roll Final publication of the compensation assessment roll. 42

Manner of payment. 42

Payment of compensation. 42

Register of payment. 42

Ad-interim compensation. 42

Application for ad-interim compensation. 43

189. manner of keeping in deposit disputed ad-interim compensation money manner of keeping in deposit disputed ad-interim compensation money. 43

Ceiling on Land Holdings

Submission of return. 43

The agency through which information may be collected under section 166. 44

Verification etc. 44

Preparation of list. 44

Consideration of any land so transferred or portioned. 44

Selection of excess land out of transferred land. 44

Publication of list for objection. 45

Application for restoration. 45

Manner of publication under sub-section 3 of section 170. 45

Calling information for determining compensation. 46

Verification of information furnished. 46

²⁰⁰ Omitted

Omitted. 46

Compensation for structure and buildings. 46

Ceiling on Land Holdings

Submission of return. 43

The agency through which information may be collected under section 166. 44

Verification etc. 44

Preparation of list. 44

Consideration of any land so transferred or portioned. 44

Selection of excess land out of transferred land. 44

Publication of list for objection. 45

Application for restoration. 45

Manner of publication under sub-section 3 of section 170. 45

Prevention of Fragmentation

General and Miscellaneous

Omitted. 46

Compensation for structure and buildings. 46

Apportionment of compensation between the raiyat and under-raiyat [Section text not available in the official gazette publication.]

1. (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. (2) The Sub-Divisional Officer may either on his 0wn 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.

The [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:-

1. (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;
2. (ii) Where waste or unproductive land is sought to be brought under cultivation; and
3. (iii) Where in the opinion of the [State Government] exemption from land revenue will be in public interest.

1. (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. (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.]
3. (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.

Attachment of immovable property.

Eviction of under-raiyat [Section text not available in the official gazette publication.]

Application for ad-interim compensation. 43

Recovery of compensation from under-raiyat or mortgagee [Section text not available in the official gazette publication.]

Determination of compensation [Section text not available in the official gazette publication.]

Payment of compensation [Section text not available in the official gazette publication.]

Application of Schedule IV [Section text not available in the official gazette publication.]

Register of compensation [Section text not available in the official gazette publication.]

Payment of compensation to charge holders [Section text not available in the official gazette publication.]

Acquisition of excess land after endorsement of section 164 [Section text not available in the official gazette publication.]

Demarcation of excess land [Section text not available in the official gazette publication.]

Application for exemption [Section text not available in the official gazette publication.]

Prevention of Fragmentation

Declaration under section 182 (2) [Section text not available in the official gazette publication.]

General and Miscellaneous

Restoration of possession [Section text not available in the official gazette publication.]

Court fees [Section text not available in the official gazette publication.]

Procedure to be followed by the Collector under section 187 [Section text not available in the official gazette publication.]

An entry to the effect that the order in appropriate form has been duly be dispatched to the Sub-Divisional Office or the lower court, as the case may be, shall be made by the clerk or other officer of the court on the order sheet and the file shall not be consigned to the Record Room till a copy of this form has been returned by the Officer concerned with a note that the order contained therein has been communicated to the Circle Office concerned and that he has pasted a copy of the order for necessary action in the guard book.

SCHEDULE II (See rule 82)

The inspection and grant of certified copies of Revenue Records.

Revenue records to be open to public inspection

1 .(i) Subject to the provisions of the schedule, all revenue records shall be open to inspection by the public.

1. (ii) If the Collector or any officer in charge of the record room considers that any record of which inspection is sought is of a confidential nature or that in inspection thereof would be prejudicial to public interest, he may be a written order refuse the inspection. Inspection of records deposited of pending cases and of deposited in the record room 2. The record of a case which is pending or which has been decided but, the record of which has not been deposited in the record room, may, with the permission of the Court concerned be inspected
2. (i) by any party thereto or by his pleader or recognized agent or by such pleaders recognized clerk if authorized by his master free of charge, and (ii) by any other person after payment of the prescribed inspection fee. Explanation—For the purposes of this para the records of a decided case called for in connection with a pending case shall be deemed to be the record of a case which is pending before the officer who called for it. Inspection of records deposited in the record room in 3. The inspection of records deposited in the record room shall be allowed with the permission of the Collector or such officer as he may appoint in this behalf, on payment of the prescribed inspection fee. Inspection by Govt. Officers 4. The inspection of any record by Government officers, or other persons duly authorized in this behalf for Government purposes shall be allowed free of charge. Inspection Book 5. A book called the inspection book shall be kept by each court and also by the record keeper in form A appended to this schedule and every person desiring inspection shall fill in the particulars in columns 1 to 4 thereof. Before the inspection is begun, the permission of officer competent to grant permission shall be taken by the court clerk or by the record keeper, as the case may be, by obtaining the officers initials in column 5 of the inspection book. Inspection fee 6. The inspection fee chargeable under paras 2 and 3 shall be Rupee one for the first hour and fifty Naya Paise for any subsequent hour or portion thereof for every record inspected. The fee shall be prepaid in court fee stamps and shall in no case be refunded. The record keeper, or in the case of a court, such officer as the presiding officer may direct to maintain the inspection book, shall affix the stamps in column 8 of the book and cancel them in the manner specified in section 30 of the Court fee Act, 1870 (VII of 1870). Place and time of inspection 7. The inspection shall be made within such office hours, in such place and in the presence of such official as the presiding officer, or in the case of records deposited in the record room, the officer in charge of the record room may direct. Manner of inspection 8. The use of pen and ink during inspection is prohibited. Pencil and paper may be used for making any notes or copies from the record but no marks shall be made on any record or paper inspected. Any person infringing this provision may, by the order of the Collector or the officer in charge of the record room or the presiding officer, be deprived of the right of inspection for such period as he may direct. Such an order, when passed by revenue officer subordinate to the Collector, shall be subject to revision by the latter. Return of record 9. The inspection shall be completed and the record returned within the hours fixed under para 7 on the day on which the record was taken out for inspection. Failure to inspect 10. If the applicant fails to make inspection within one week from the date on which inspection was ordered, the order shall lapse and no further inspection shall be allowed without obtaining a fresh order. Inspection of land records in custody of tehsildar or village accountant 11. The tehsildar/village accountant shall allow any one interested to inspect free of charge any land records in his custody and to take notes of the same. Copies of record of rights 12. Certified copies of record of rights and maps may be granted to parties under Section 49 or 50 at Sadar by the record keeper and in the mofussil by the revenue officer having custody of the maps and records in question. Form of application for copies 13. Application for certified copies shall be made in form appended to these rules and shall bear a court fee stamp of the value of twenty five naya paise. Charges for copies 14. Fees for certified copies of maps and records shall be as follows:-

Manuscript of typed copies Fifty seven naya paise per folio consisting as nearly as possible 150 words (four figures counting one word) or part thereof. 100 plots or fraction subsequent 100 plots or fraction thereof one rupee.

Cadastral survey maps One rupee

Authentication fee for maps One rupee extra (or if the copy four folios twenty Five naya paise for every folio)

Expedition fee for urgent application for copy

Supply of folios etc. by applicants

15. Requisite folios for certified copies of records, tracing cloth for certified copies of maps and Khatian forms for certified copies of record of right shall be supplied by the parties.

Rejection of application

16. If the applicant fails to deposit requisite number of folios and other cost within a week from the date on which the cost is notified the application, may be rejected and once an application is rejected it cannot be reviewed, though a fresh application may be given.

Grant of copies for public purpose

17. No fee shall be charged for grant of certified copies of maps and records required for public purposes by Heads of Government Departments.

Copies of record not finally published

18. When a certified copy of a record not finally published under sub-section (2) of section 43 of the Act is granted, there shall be certificate on the copy as follows:-

“Certified to be true or copy of part of record of rights which is being prepared under Chapter V of the Tripura Land Revenue and Land Reforms Act, 1960. The stage of......................has been completed at the time of the issue of the copy”

Date: Signature Designation

FORM A of Inspection Book (See para 5 of schedule II)

FORM A of Application of copy (See para 13 of schedule II)

Name and address of the applicant Application fee(in court fee stamp to)affixed here Name of village Name and address of the person who will receive the copy Forms and tracing cloth if required to be supplied by the applicant J.L. No. Tehsil Thana Whether to be received personally or to be sent by registered post. For certified copies court fees and folios to be supplied by the applicant according to rules. Extra 75nP. Court fee for sending by registered post. Particulars of record or map Receipt for the application Name of the applicant Due date for issue of the copy Court fee Folio deposited Officer receiving application

Memo of stamp Name of copyist Cost of folios Forms etc. To be drawn by the copist Court fee labels Delivery of copy Serial No. Date of presentation Application fee Postage fee Authentication fee Folios If posted date of posting receipt to be attached here If taken personally receipt of the party with date.

-95 103.

1. (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. (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.

Compensation shall be paid as far as may be in accordance with Schedule IV.

Application of Schedule IV

ainst the order of the Collector passed under section 138. Seventy five up 25 147

1. (2) Claim o creditor whose debt is secured by a mortgage of or charge on any estate or part thereof vested in Government under Section 134. As in the Court fees Act, 1870 for a suit for enforcement of such mortgage or charge. 26 148
2. (1) A Memorandum of appeal against the order of claims officer. As in the Court fees Act, 1870 for an appeal against a judgment in a suit for enforcement of a mortgage or charge. 27 151
3. (1) Memorandum of appeal against the order of a compensation officer. One percent of the amount claimed over the amount allowed by the compensation officer, subject to a minimum of two Rupees 28 151
4. (2) Appeal to the court of the judicial Commissioner from an order passed by a Special judge. One percent of the amount claimed over the amount allowed by the Special judge subject to a minimum of five Rupees 29 153
5. (3) Objection to the correction of compensation assessment roll after final publication. Seventy five up 30 169
6. (4) Application for restoration of excess land or such Proviso part thereof as does not exceed the ceiling limit. Seventy five up 31 170
7. (1) Objections as to an entry published under sub-section (3) of section 167. Seventy five up 32 171
8. (4) Claim for a charge on compensation assessment due to a mortgage or an encumbrance having become void. Rupees five 33 178 Application for exemption from the operation of section 164. Rupees five 34 186
9. (2) Application for restoration of possession of land which has been surrendered or from which a tenant has been evicted. Rupee one SCHEDULE V (Part B) Sl. No. | No. of the Rule | Description of application and other Proceedings | Proper fee. --- | --- | --- | --- 1 | 10 | Objection against setting apart any land for pasturage. | Seventy five up. 2 | 18
10. (2) | Objection against an order of eviction under section 15, Claim by a third person or the defaulter against the property attached or proceeded against. | Seventy five up. 3 | 97 | Application by a purchaser who is resisted or obstructed by any person in obtaining possession of the property. | Rupee one 4 | 108 | Application by any person in whose favour order for possession is made and who is resisted or obstructed in getting possession. | Seventy five up. 5 | 117 | | | 6 | 135 | Application for registration of a lease Notice for relinquishment of a holding, Application by an under raiyat to circle officer for causing appointment of one person to be made by two or more raiyats in case they fail to nominate. |
11. (1) If the amount to be deposited does not exceed Rs. 50/- Twenty five up. 7 | 136 | | | 8 | 146 | | | 9 | 147 | Application by an under raiyat for permission to deposit the amount of rent which be believes to be due. |
12. (2) If the amount to be deposited exceeds Rs. 50/- but does not exceed Rs. 100/- Fifty up.
13. (3) If the amount to be deposited exceeds Rs. 100/- Rupee one 10 | 204
14. (2) | Objection against proposed compensation for excess land. | Seventy five up. SCHEDULE V (Part C) Sl. No. | Section of the Act. | Description of application and other Proceedings | Proper fee. --- | --- | --- | --- | | Any plant, petition, application, objection and memorandum of appeal not exempted from payment of Court fees ad not specifically provided for in this Schedule. | As in the court Fees Act, 1870 for the proceeding of that nature. By order of the Governor Secretary Revenue Department Government of Tripura.

General powers of the Collector Survey and demarcation of pasturage 4. The Collector shall have the power of general superintendence and control over al other officers subordinate to him and shall also have power to all cater 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. General powers of Survey & Settlement officer Decision of dispute referred to in section 11(3) 6. Save as otherwise provided by the act, any revenue officer may exercise any power pr discharge any function which may be exercised or discharged, as the case may be, by any officer subordinate to him. Decision of dispute referred to in section 11(3) <br><br>o| 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 Preservation and disposal of trees, jungles etc. (ii) all 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. Procedure for summary eviction 10.The Collector shall receive and enquire into any abjection 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. Hearing of objections Disposal of objetions 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. Declaration of pasturage 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 pasturage may be used. Cancellation or modification of declaration under rule 12 Setting apart of land for community purposes Setting apart land for Forest Reserve 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. Management of land by Gram Panchayat (2) The Sub-Divisional Officer may either on his 0wn 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 (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 any ting deposited on the land within a time specified in the order. Exemption from land revenue 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. Application for remission of land revenue 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. Diversion of land to agriculture rural purpose 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. Diversion of to other purpose 24. If any land held for one purpose is diverted to any other purpose except agriculture, the assessment theron 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.] Calculation of fraction Remission of suspension of land revenue 1&2 Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation of laws Order, 1973 Deleted by 13th Amendment dated 29th January, 1981. 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. Remission when to be allowed Relief in widespread calamities 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 (1) (2) 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. Relief in local calamities 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. Relief in case of orders, by court etc. 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) (1) (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. Announcement of relief Form of receipt for land Revenue (2) Relief under sub-rule (1) shall be determined for individual holding separately. 31. The 1[State Government] may sanction suspension, remission or resuspension, 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] Stay orders by Collector 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. Collection of suspended land revenue (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:-- Remission of suspended land revenue (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 liew 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 or years 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 (Reorganisation) (Tripura) Adaptation of laws Order, 1973. (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. CHAPTER –IV Survey and Settlement of Land Revenue Publication of table of profits of agriculture and value of land 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 devide an area in to units in accordance with the provisions in this regard in section 32 of the Act and rules made there under. Profits of agriculture and value of land 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 nit shall be the average profits of agriculture for Nal and Lunga classes of land in nit, determined on the basis of enquire on plots selected on samples base. (3) The profits of agriculture shall be computed after detucting the estimated cost of cultivation from the market value of the products and bye-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 frok 4B and publish the same by placing it for public in form 4B and publish the same by placing it for public inspection free of charge during a period jof 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. 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).] 38. 1[Omitted] 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. Notification and proclamation of revenue survey (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 Ratio between old and new revenue rates (b) The assessment nit 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— Maximum revenue rate (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 fates 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 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. Alteration or revisions of revenue rates 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; (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 intrest 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. Liability on individual for costs 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. (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. Apportionment of liability of costs and notice thereof 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 nder raiyats; (vi) 3[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; (ix) Revenue free lands; (x) List of lands in which public hare common fight 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; (b) Soil classes; (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; (f) Main crops; (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; (l) Pasture land; (m) Burial and cremation ground; (n) Natural products and mines, if any,; (o) Village officer; (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 usefull. 1. Substituted by the North-Eastern Ares (Reorganisation) (Tripura) Adaptation of laws order, 1973. 1. Substituted by the North-Eastern Area (Rorganisation) (Tripura) Adaptation of laws Order, 1973. 2. Substituted by T.L.R. & L.R. (6th Amendment) Rules, 1961. 1. Inserted by 3rd amendment vide notification No. 39 (167)-Rev/69 dated 17.9.79. 2. Substituted by 8th amendment vide notification No. F.39 (63)/Rev/75 dated 30.3.76. 1. Substituted by 11th Amendment vide notification No. F.4(1)RCC.79 dated 28.8.79. 1. Omitted by T.L.R.& L.R.(11th Amendment) Rules 1979. 2. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation of laws Order, 1973. 3. Omitted by 13th Amendment dated 29.1.81. 1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation of laws Order, 1973. 1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation of laws Order, 1973. 1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation of laws Order, 1973. 2. Substituted by 13th Amendment dated 29.1.81. 1. Omitted by 13th Amendment dated 29.1.81 Stages of revenue survey and preparation of records of rights 53. (1) The record of right shall consist of a statement of rights in from 7, hereinafter referred to as the ‘Khatian’ Records of rights (2) There shall ordinarily be a separate Khatian for each person interested or group of persons jointly interested in the land an the Khatian shall show the rights and liabilities of each such person. 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. 55. 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. Notification and proclamation 56. (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; (ii) traverse survey; (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 subsection (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 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. 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. Notification for assistance 57. 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. 58. 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. Village boundary demarcation Traverse survey 59. The traverse survey of an area referred to in rule 58 shall ordinarily be carried out by theodolite observations. 60. (1) The cadastral survey of the area shall be based on traverse survey. Cadastral 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. 61. 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. Survey Number 62. 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. Preparation of preliminary records 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 of Khatian styled as parcha may be made over after the completion of the Bujharat of a village instead of making over before Bujharat]. 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 fights 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 se 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) o 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. (5) The revenue officer doing attestation shall have a distinctive seal bearing the ‘Attested’. As son 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. Publication of the draft record of rights. (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 objection 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. Framing of final record 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. Disposal of objections Final Publication of the records of rights (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 …….. ………. …….. …… ….. ………… …… ……… ……… Thana…… …… ……. …….. …….. ……… ……… ……… ……… … District…….. ……….. ………. ………… …………. ……….. ……….. Volume……….. ……… ……….. ………… ……. ……….. ………… .. Pages…….. ………… …….. …………. …………. ………… ……….. . 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 this……………….day of…………….19 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.” Survey and Settlement Officer [Government of Tripura] Availability of copies of records and recovery of cost 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. Revision or correction of records 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. Intimation of correction 71. (A) 1[The draft field index (Khasra) to be prepared under section 45A shall be in form 8A Preparation of field index (Khasra) (2) Before taking up the preparation of the draft field index (Khasra) in a village, a proclamation shall be issued in form 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 (Reorganisation) adaptation of laws order 1973 Register of mutations Reports for mutation (3) After the proclamation has been so made, a general notice shall be served in the village and in the Tehsil Khachari in Form 9 informing the holders of land of the probable dates of commencement of the work of the preparation to assist the revenue officer employed on the said work. (4) (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, station 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 field. (5) The revenue officer shall receive all objections field 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 subsection (2) of section 15 A 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 which it will be open to public inspection and the period during which 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.] 72. The register of mutations shall be in Form 20, there being a separate register for each village. 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. Rewriting of record of right 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. Register of disputed cases Acknowledgement of objection Testing of entries 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 mortagage 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. Mutation not to be in contravention of the Act Intimation about mutation 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 subsection (4) of section 46 shall be given in From 23. 79. (!) 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 I 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.] 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 I formation 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 registers o decree of court 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 ant 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. Inspection and grant of copies 1. Substituted by the North-Eastern Areas (Reorganisation) (Tripura) Adaptation of laws Order, 1973. 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. 1. Inserted by 6th amendment by Notification No. F.39 (26)-REV/74 Dated 18.11.74. 1. Inserted by 12th Amendment vide notification No. F. 4(34)-EC/79, Dated 17.1.80. Determination boundary disputes 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. Description of boundary marks 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 I 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 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. Maintenance of boundary marks Register of boundary marks Land revenue when and how payable 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. 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. 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 instilments, 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. Notice of demand 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 under take 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 last 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 Attachment of immovable; t (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. Custody of distrained property (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. Leaving livestock in the charge of pound keeper 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 al 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. Management of attached property 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. Claim of third persons 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. Proclamation for sale Inspection and copy of sale proclamation 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. Objection by defaulter 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— Date of sale (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. Absence or insufficiency of bid 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 o behalf or the State Government at the highest bid. Sale Officer Application for setting aside the sale 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. Auction sale when to stop Objection by purchaser 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 I 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. Certificate of purchase Delivery of possession 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 I 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. Intimation to the commanding officer of cantonment 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. (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. Recovery of other amounts recoverable of land revenue 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 t 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. (c) Other wise…………… Rupee one. (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. 500 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. 1. Substituted by the North-Eastern Area (Reorganisation) (Tripura) Adaptation of laws order 1973. Obstruction of delivery of possession 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 Form and service of summons manner prescribed in Schedule III. Bail able warrant of arrest 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 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. 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. Use of force against person putting restraint 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. Dismissal of application for possession 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. Transfer by judgment debtor 121. (1) where any person other than the 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. Application by person wrongly dispossessed (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 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. A person other than a judgment debtor may institute a suit 124. (1) The procedure for revenue courts and of proceeding before revenue officer shall be governed by Schedule III. Procedure of revenue court and officers (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. Extent of applicability of CPC 125. subject t 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[State Government] may either on its own motion or on the application of any party at stage transfer any revision case arising under the Act and pending before him or authority competent to dispose of the same. The State Government 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. Insurted 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-here it or proceed from the point at which it was transferred. Reservation of land for personal cultivation 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 127. The notice under sub-section (1) of section (2) 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. Reply of under raiyat 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. Disposal of the application (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— Certificate 131. (1) Subject to the provision of sub-rule (2) where a raiyat has Notice to issue when land left uncultivated allowed his land to remain uncultivated for a period of not less then 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. 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 (ii) irrigation tank (iii) any public purpose; (iv) any purpose for which permission has been obtained under section 20 of the Act; (v) religious purpose; (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. Service of 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. Notice of relinquishment 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. Compliance of notice 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. 135. A lese of the land by a raiyat shall be registered by the Circle Officer on an application made in this behalf. Registration of leases 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. CHAPTER—XA Certain restriction on the rights of transfer for the protection of the interests of the scheduled tribes. Service of Notice for transfer **[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 cosharers 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 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 selected a person entitled to purchase such land in accordance either the provisions of sub-section (4) of section 107D and shall communicate his decision 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 lands 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 applications 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 referrer 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. non-agricultural purpose shall be determined by the competent authority after taking into consideration the market value of similar land devoted to similar purpose in the neighborhood. (9) The Selected intending purchaser shall deposit the consideration money within 30 days from the date of order with competent authority under sub-section (8) of section 107D. (10) (a) The certificate under sub-section (9) of section 107D shall be given to the purchaser in Form 68. (b) The competent authority shall then depute an officer to deliver possession of the property for which certificate had been issued to the purchaser. (c) The title to the property shall best in the purchaser from the date of the certificate. (11) If an expiry of the period prescribed under sub-rule (9) the competent authority finds that the consideration money has not been deposited, it shall intimate the Government to this effect and the Government may purchase such landing accordance with the proviso to sub-section (10) of section 107D. (12) If the Government purchases the land to be sold then after so purchase it may transfer the said land to the selected intending purchaser who is a member of the Scheduled Tribe on condition of his repaying the consideration money by such annual installments not exceeding twenty as may be decided by the Government, with interest at the rate of two and half percent per annum on the unpaid amount.] CHAPTER—X Rights of under-raiyats. Compensation for improvement 137. If a raiyat fails or refuses to grant consent to the under Raiyat may apply to the competent authority for permission to make such improvement. Application for permission when raiyat refuses or omits to consent When permission may be granted or refused 138. The authority to whom an application is made under rule 137 may, after hearing the parties and making such further inquiry as it thinks fit, grant permission to make the improvement subject to such restrictions, if any, as it may deem reasonable or may refuse permission altogether provided that the authority— (i) shall not grant permission for a work which diminishes the value of any other holding unless all the person interested in such other holding agree in writing there and (ii) may refuse permission if the raiyat is prepared to make the improvement within a time fixed by the competent authority and may order that if the improvement is not so made the applicant shall be entitled to make it himself. 139. An under raiyat ejected in ejected of an order for ejectment under this Act or any other law for the time being in force, shall not be entitled to compensation for any improvement begun by him after the termination of his right to continue as under raiyat. Benefit of improvement to under raiyat in certain cases 140. If the improvement has been made on the land from which the under raiyat is to be ejected, the raiyat on payment of the compensation awarded to such under raiyat shall become the owner thereof, provided that the under raiyat shall be entitled to the benefit of the improvement in respect of any other land held from the same raiyat remaining in his occupation, the same extent and in the same manner as such land has hitherto benefited thereby and this circumstance shall be taken into consideration by the competent authority while determining compensation payable in respect of the improvement. Under raiyat to pay back the compensation 141.Where an under raiyat has been restored to possession of land under section 119 or section 123 he shall pay back to the raiyat the amount of compensation if any, received for improvement. Estimating the value of produce for purpose of rent 142. The value of the produce of the land for the purpose of determination of rent shall be estimated in the following manner, that is to say:-- (a) The total yield of the land shall be estimated on the basis of the actual yield agreed upon between the raiyat AND the under raiyat, and failing that, on the basis of the quantity of the average yield per acre of the crop grown on that class of soil as determined during the last survey and settlement operations for that assessment nit or on the bases of actual crop cutting experiments undertaken by the Revenue or Agriculture Department of the State Government or both in that year in or near that area, where both the basis be applicable the one according to which the yield is less shall be adopted. (b) The value of the produce shall be determined on the average of the market prices during the preceding year. 1[142A. For the purpose of determination of the fixed produce rent under section 111A the competent authority shall determine the normal produce of the land in the manner prescribed in sub-rule (a) of rule 142 and shall fix the produce rent at One-Fifth of such normal produce: Provided that the competent authority may reduce or remit, as the case may be, such produce rent in case crop be damage by pest, erosion the act of God, etc.] Payment of rent 143. When no agreement has been made between the raiyat and his under raiyat regarding the time and manner of payment of rent, rent shall fall due one month before the dates fixed for the payment of land revenue and shall bee payable in two equal installments at the village in which the land is situated, though the under raiyat may at his option and expense, pay it to the raiyat at his place or send it by postal money order. Postal receipt and enclosures to be admissible in evidance Payment of rent in certain cases 144. Where rent is sent by postal money order, in the case of acceptance, the payee’s receipt and in the case of refusal the endorsement of such refusal on the money order duly stamped by the post office shall be admissible in evidence without formal propf and shall, until contrary is proved, be presumed to be a correct of such acceptance or refusal. 145. (1) If two or more persons are raiyats of an under raiyat in respect of the same holding, the under raiyat, may subject sub-rule (2) and to any contract between the parties, by written notices to such persons require them to appoint one of their number or some other person to receive such rent within one month of the receipt of the notice. (2) On failure of raiyat to comply with the notice the under raiyat may move the circle officer in this behalf who shall thereupon call upon the raiyats to make such an appointment and to intimate to him within one month the name of the raiyat so appointed and shall communicate the same to the under raiyat concerned. 146. An under raiyat may apply to the 1[competent authority] f or permission to deposit the amount of rent payable which he believes to be due:-- Power to deposit rent in certain cases with circle officer (a) if a raiyat refuses to accept the 2[rent or any installment thereof] when tendered to him by an under raiyat; or (b) if under rule 145 an under raiyat requires the appointment of a person to receive the rent and such appointment is not made within 30 days of the receipt of the notice; or (c) if an under rayat has a reasonable doubt as to the person entitled to receive rent. 147. The application under rule 146 shall contain. Application for deposit (a) a statement of the ground on which it is made; (b) the name of the person or persons to whose credit the deposit is to be entered; (c) the name of the person or persons to whom the rent is due; and (d) the name of the person or persons to whom rent was last paid and of the person or persons now claiming it. 148. (1) 1[ It appears to the competent authority than the applicant is entitled to make the deposit under rule 146 he shall receive such deposit and give a receipt therefore.] (2) Such receipt shall operate as an acquaintance for the amount of the rent in the same manner and to the same extent as if such amount has been paid to the person to whom it was due. 1. 149. The 1[competent authority] shall cause a notice of such deposit to be served on every person who appears to him to be entitled to the deposit or who claims any such title. Notice of deposit 150. The 2[competent authority] may pay the amount of such deposit after deduction the money order commission it any, to any person stated in the application to be entitled thereto, or may retain it pending a decision of the court of competent jurisdiction. Payment of deposited rent 151. (1) An application under sub-section (1) of section 113 shall be in Form 43. Determination of reasonable rent (2) The application shall be accompanied by a certified copy of the entry in the record of rights relating to the holding and also documents, if any, in support of the application. 152. In determining the reasonable rent the competent authority shall have regard to the following factors also:- Factors for determination of reasonable rent (a) that the fertility of the land held by the under-raiyat has been decreased by an action taken by the raiyat or by any cause beyond the under raiyat’s control during the currency of the lease. (b) That the fertility and the area of the land held by the under raiyat has been increased or decreased by fluvial action; (c) That the fertility and the area of the land held by the under raiyat has been increased or decreased by fluvial action; (d) That the rent is liable to abatement or enhancement or any ground specified in a lease, agreement or decree under which the under raiyat holds the land. Date from which the order for reasonable rent to take effect 153. An order, determining the reasonable rent shall take effect from such date as may be specified in the order. 154. (1) An application under sub-section (1) of section 114 shall be in Form 44. (2) The competent authority on receipt of such application shall proceed to dispose of the same after a summary inquiry. (3) The competent authority shall, while determining the money rent, also take into consideration the fact if the produce of the holding is liable to exceptional fluctuation by reason of damage by wild animals, floods and the like. 155. An application for determination of reasonable rent or for commutation of rent may be filed by or against any number of under raiyats jointly, provided that all such under raiyats are under raiyats of the same raiyat and all the holding in respect of which the application is made are situated in the same village. Manner of inquiry 156. (1) The competent authority may hear the cases of the under raiyats jointly or separately as may appear convenient to it. Commutation of rent payable in kind Passing of an order 2. Do (2) No order affecting the interest of any person, shall be passed on any such application unless the person has been given an opportunity of being heard. (3) The order shall separately specify the rent or the reasonable rent payable by each under raiyat or group of under raiyats holding the land jointly. Receipt for payment of rent Eviction of under raiyat 157. The raiyat shall give a separate receipt for rent paid either in cash or in kind and shall prepare and retain a counterfoil of each receipt given by him. Such receipt and counterfoil shall be in Form 45. 158. If a receipt does not contain substantially the particulars required by the above rule, it shall be presumed, until the contrary is shown or is contained in the receipt, to be an acquittance I full of all demands for rent upto the date on which the receipt was given. Presumption regarding incomplete receipt 159. (1) An application for eviction shall include full particulars of the ground or grounds on which the eviction is sought and shall be signed and verified I the manner provided for a plaint in the Code of Civil Procedure, 1908. (2) Such an application shall be heard and disposed of by the competent authority in the manner provided I the Code of Civil procedure, 1908, for hearing and disposal of suits for immovable property. Application for restoration of possession of land to under raiyat Disposal of application 160. An under raiyat who is entitled to restoration of possession under the provisions of section 119, may apply to the circle for putting him back in possession stating:-- (a) the date on which the raiyat took over possession from him; (b) whether the raiyat did not cultivate such land personally within one year from the date he took possession; (c) if was not cultivated by the raiyat within one year from the date of taking possession, whether it was left fallow and if it was cultivated the name of the person who actually cultivated it and his relationship with the raiyat (i.e whether he is an under raiyat, servant, hired laborer or a member of his family). (d) Whether the land was not cultivated personally by the raiyat in any year during a period of four years next following the date of his taking possession and whether it was cultivated by any other person during that year, if so the year and the name of the person who cultivated it and his relationship, if any, with the raiyat. 161. The circle officer shall there after proceed to dispose of the application after a summary inquiry as provided in Schedule III. 162. (1) An application of an under raiyat under section 120 shall include such of the following particulars as may be applicable to the case:- (a) land held by the under raiyat; (b) land held by the raiyat; Declaration of nonresunable land of under raiyat (c) particulars of the order by which the land was declared reserved for personal cultivation of the raiyat under section 101 and the particulars of that land; (d) whether the raiyat has failed to move for eviction of the under raiyat from the land within the period mentioned in sub-section (3) of section 118; (e) whether the raiyat has failed to apply for reservation of any land within the period prescribed in section 100 and the land is not deemed to have been reserved under section 103; (f) whether the under raiyat has been restored possession of any land under section 119 and the particulars of the land and of the order restoring possession. Form of manner of application under section 123(1) (2) The competent authority shall, before passing an order under section 120 give notice to the raiyat concerned and hold a summary enquiry. 163. (1) The application by an under raiyat to regain possession under sub-section (1) of section 123, shall be I the form of a plain and shall contain the following particular. (a) Details of the land held by the applicant i.e. plot No. area village; (b) the date on which the applicant was evicted; (c) the circumstances in which the applicant was evicted; (d) the name and address of the person now cultivation the land with his relationship, if any, with the raiyat. (2) The application shall be accompanied, wherever such record exist, by certified extract of the Revenue Records and by as many extra copies of the application as may be required for service on the interested parties. Application for surrender of land by an under raiyat Compensation to raiyats 164 (1) 1[Subject to the provisions of the Act the surrendered land under section 125, nay be leased out by the collector to such person as he may deem fit and on such terms as may appear reasonable.] 165 (1) The land revenue payable for similar lands in the locality referred to in sub-section (2) of section 127 shall be calculated on the basis of the revenue rates confirmed under section 34. Application compensation and procedure therein (2) The value of the trees shall be determined on the basis of the market yalue of such trees at that places neighbouring therto. 166. 1[The compensation under sub-section (3) of section 127 shall be determined in the following manner:- (1) The competent authority shall determine the compensation payable to the raiyat after giving to the party/parties concerned, an opportunity of being heard in the matter. (2) A copy of the statement giving details of the compensation proposed to be given to the person concern shall be pasted on the notice board of the office of the competent authority to enable any one interested to file objection and copies of the same shall also be served on the raiyat and under raiyat concerned. Payment of compensation to raiyats (3) The competent authority shall, thereafter decide the objections after a summary inquiry. (4) Separate compensation shall be assessed in respect of each holding of an under raiyat or each joint hold of under raiyats.] First option to purchase 167. The competent authority shall be serving notice on every raiyat tender payment of compensation. Payment of compensation shall be made I accordance with the following table:- First Rs. 500/- or less in one installment. Balance if any-- in equated annual installment not exceeding 20 subject a minimum of Rs. 500/- per installment except the last one. (2) The provisions of Schedule IV shall, as for as may, apply to the payment of compensation to raiyats and to the payment of annuities under sub-section (4) of section 128. Payment of compensation by under raiyat (3) separate registers for payment of compensation to raiyats and for payment of annuities under sub-section (4) of section 128 shall be maintained. 168. The under raiyat shall pay compensation according to the following table:-- Upto Rs. 50/- one installment. Balance, if any in 15 equated annual installments, subject t a minimum of Rs. 50/- per installment except the last one. (2) A register of payment of compensation by the under raiyats to the Government shall be maintained. (3) the certificate to be issued under section 130 shall be in form 48. 169. (1) A raiyat intending to sell the land held by an under raiyat shall give a notice in Form 49 to the under raiyat ad offer sell the land to him. This notice shall be given by registered post to the under raiyat or under raiyats, as the case may be, occupying the land in question and such notice shall clearly describe the property to be sold, the price to be charged and the encumbrances o the land, if any. (2) An application under sub-section (2) of section 131 for determination of the reasonable price in case of any dispute may be made by the raiyat or the under raiyat in Form 50. (3) When an application has been made to the competent authority under subsection (2) of section 131 it shall ordinarily determine the reasonable price within a period of 30 days of the receipt of such application. (4) After the determination of the reasonable price by the competent authority the under raiyat shall deposit such price within one month or such further period not exceeding one month as the competent authority may allow. (5) In case of failure on the part of the under raiyat to deposit the reasonable price within the time allowed under sub-rule (4) the raiyat concerned shall be in formed by the competent authority. (6) The certificate under sub-section (4) of section 131 shall be issued by the competent authority in Form 51. 1. Substituted by the Tripura Land Revenue & Land Reforms (6th Amendment) rules 1974. 1. Inserted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules, 1974. 1. Inserted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules, 1974. 1. Substituted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules, 1974. 1. Substituted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules, 1974. Acquisition of Estates and of the Rights on Intermediaries therein. 170. A notification under sub-section (2) of section 134 shall be published. Manner of publication of notification under section 134 (a) in at least two issues of each of two newspapers (one of which must be in the Bengali language) (b) by affixing a copy of the notification together with a Bengali translation of: (i) in the office of the Collector; and (ii) at each sub-divisional office, Police station and sub-Registry office within the area specified in the notification. 171. (1) for the purpose of clause (d) of section 135 the value of the produce shall be determined on the average of the market price during the preceding year. Value of produce building and structures (2) In determining the market value of any building or structure referred to in the proviso to clause (d) of section 135, first the present cost of construction of the building or structure shall be worked out and then reasonable allowances shall be made on account of depreciation during the period the building or structure has been in existence. Service of the order of the Collector under section 137 and form of statement referred to therein 172. (1) The order of the Collector referred to in sub-section (2) of section 137 shall be in form 52. (2) The statement referred to in sub-section (2) of section 137 shall be in form 53. (3) the order may be served (i) by delivering the same to the intermediary or to the person to whom it is directed or to the authorized agent of Collection of information by the Compensation Officer Procedure on return being filed Such intermediary or person, or on failure of such service by delivering a coy of the order to any adult member of the family of such intermediary or such person or by affixing such copy on some conspicuous part of the premises in which such intermediary or person resides or is known to have last resided, or; (ii) by affixing a copy of the order on a conspicuous part of any ‘Kutchari’ of the intermediary; or (iii) by sending by registered post to such intermediary or person at his ordinary place of residence or at the place where he may be known t reside. 173. (1) The Collector or an officer appointed by him this behalf shall not ordinarily enter into any building for the purpose of seizing and taking possession of bocks, account and other documents referred to in sub-section (3) of section 137 before sunrise and after sunset. Procedure for search and seizure (2) The Collector or the officer making the search shall allow the occupier of the building or a person nominated by the occupier to watch the search. (3) A receipt for the books, accounts or other documents seized and taken possession of shall be given (on the spot immediately after making the search) by the person seizing them to the person from whose possession they are seized. Inspection 174. Inspection of document, registers and records referred to in sub-section (4) of section 137, shall be allowed on application by the Collector at such time and place and under, such conditions as the Collector may direct for the purpose. 175. (1) As soon as may be, after the vesting of estates in Government has taken place in any area, the compensation officer shall issue notice in Form 54 to each intermediary having land within that area calling upon him to file a return in Form 5 within a period of thirty days from the service of such notice or such longer period as the compensation officer may allow time to time. (2) The compensation officer may call f or any information or record from Collector or survey and Settlement Officer which may appear to him relevant for the purpose of assessment of compensation. (3) The compensation officer will then proceed to determine the gross income and net income of every estate in accordance with the provisions of the Act and these rules. 176. (1) The compensation officer shall separate the returns of those intermediaries whose compensation can be determined immediately from those of the intermediaries whose compensation cannot be determined immediately in view of the provisions of sub-section (4) of section 144. (2) Thereafter the compensation officer shall proceed:-- (i) in the case of any intermediary whose compensation can be determined immediately to determine the compensation payable to him and shall enter it in the compensation assessment roll; and (ii) in the case of an intermediary whose compensation cannot be determined immediately, to estimate the probable amount of compensation that might be payable to him in respect of the estate that has vested in the government and enter it in a register. Manner of making claims by a creditor 177. Notwithstanding anything contained in rule 176, if the compensation officer finds that the intermediary has submitted a return previously before of that intermediary to the compensation officer before whom such return was first submitted and thereafter such last named compensation officer will preceded in accordance with the last preceding rule. Procedure when returns submitted to more than one officers 178. For the purpose of determining the commuted value of rents payable in kind, the compensation officer shall first determine the amount of rent payable by the tenant or the tenure holder for the previous year and then he shall determine the value of that rent in kind at the average of prices prevalent for that produce during that year and the two years immediately preceding. Commutation of rents in kind 179. (1) The annuity referred to in sub-section (2) of section 146 shall be paid every year in cash to the person having authority to receive payment and to grant discharge on behalf of the institution. Manner of payment of perpetual annuity (2) Record of all such payments shall be kept in a register. 180. (1) A petition of claim by a creditor under sub-section (2) of section 147 shall state the following particulars;- (i) name and address of the intermediary against whom the claim is preferred; (ii) name and address of the intermediary against whom the claim is preferred; (iii) amount of the principal advanced; (iv) number of touzi and name of tehsil or such division of the estate or tenure mortgaged or charged, (if a part of an estate or tenure is mortgaged or charged, the chare charged or mortgaged should be stated); (v) a true or certified coy of the document forming the basis of the claim; (vi) the amount of interest or the total of the profits from the mortgaged property already realized by the creditor and the time or times of the realization of such interest or profits, and (vii) any other particulars which may be necessary for determination of the claim. (2) The petition shall be signed and verified in the maner Provided in the Code of Civil Procdure,1908, for signing and verification of plaints. (3) Such a petition shall be preferred by the claimant or his duly authorized agent within six months of the date of vesting or the date on which such a creditor is dispossessed under section 137 or within three months of the appointment of the claims officer whichever date is the latest. (4) On receipt of a petition the claims officer shall se if it is in order. If it is nt in order he may allow the petitioner an opportunity to put in order within such time or extend time as may be allowed by the claims officer in default he may reject the petition. (5) When the petition is in order the claim shall forward a copy thereof to the compensation officer for his information and proceed with the claim in the manner provided in the Code of Civil Procedure, 1908, for a suit for the enforcement of a mortgage and shall, subject to the precisions of the Bombay Money Lander’s Act, 1946 as extended to Tripura, determine the amount if any due to the claimant. (6) Where there are two or more creditors the claims officer shall after allowing the creditors an opportunity of being heard, determine in accordance with the provisions of the Transfer of Property Act, 1882 the order in which each such creditor is entitled to receive the amount due to him. (7) After the claims have been finally disposed of and the order, if any, of their priority has been decided, the claims officer shall send a copy each of his decisions and a copy each of the decisions, if any, of the appellate court, to the compensation officer. 181. The compensation officer shall prepare draft compensation assessment roll in Form 56 for each estate and also for each intermediary. 182. (1) The Compensation officer will publish draft of the Preparation of compensation assessment roll compensation assessment roll by placing it open to public inspection free of charge during a period of thirty days at such convenient place as he may determine and a public notice shall be given in each village to which the compensation roll relates stating the period during which it will be open to public inspection and specifying the period within which objections may be filed. A copy each of the notice and of the roll shall be served o the intermediary or intermediaries concerned. Preliminary publication of compensation assessment roll (2) Objections may be filed by the persons interested to the compensation officer, as far as may be in Form 57. Along with the original objection the objector shall file copies of the notice for service on persons who are materially interested in the case and the compensation officer shall issue notices informing the objector and such persons who are interested of the date and place fixed for hearing of the objections. No objection shall be disposed of without affording the parties materially interested or their duly authorized representatives an opportunity of being heard: Final publication of the compensation assessment roll Payment of Compensation Register of payment Ad-interim compensation Provided that I any case, I which an order is made exparte against a person, he may apply to the compensation officer by whom the exparte order was made for an order to set it aside, and if he satisfies the compensation officer that the notice of objection was not duly served on him or that he was prevented by any sufficient cause beyond his control from appearing when the case was hard, such officer may make an order to set aside the order as against such a person and thereupon he may appoint another day for proceeding with the matter; Provided further that where the exparte order is of such a nature that it cannot be set aside against such person only, it may be set aside as against all or any of the order persons involved in the case. (3) The draft of the compensation assessment roll shall be modified in accordance with the final orders passed on the objections. 183 (1) After the expairy of the period specified for filing the objections, or where any objection has been filed when all objections have been finally disposed of an the draft of the compensation assessment roll has been modified accordingly, the compensation officer shall cause such roll to be finally published by affixing a copy thereof on the notice boards of the Collector and sub-divisional officer within whose jurisdiction the land in question is situated and also by affixing a coy on the notice board of the compensation officer. (2) A copy of the compensation assessment roll shall be sent by registered post acknowledgement due to each intermediary whose name appears in the roll as a person entitled to compensation. (3) After such publication the compensation officer shall make a certificate in Form 53 in token of the compensation assessment roll having been finally published. 184. Subject to the provisions of sub-section (2) of section 155, the balance remaining after deduction shall be paid in the following manner:- Manner of payment (i) in case the amount of such balance is rupees two thousand and five hundred or less, the entire amount shall be paid in one installment; (ii) in case the amount of such balance is rupees two thousand and five hundred, it may be paid in annual installments, to installment except the last one being of less than rupees who thousand and five hundred. 185. (1) The compensation officer shall by serving notice on the person entitled to compensation tender payment thereof. (2) The provisions of Schedule IV shall as far as may be, apply to the payment of compensation. 186. There shall be maintained a register of payment of compensation intermediaries. 187. The amount entered in the register maintained under sub rule (2) of rule 176 shall be deemed to be the probable amount of compensation for the purpose of clause (a) section 154. Application for an – interim compensation 188. (1) Application for ad-interim compensation shall be made and presented to the compensation officer. The application shall contain all particulars of the estates and interests of the intermediary situated in the area where vesting has taken place. Where the applicant holds estate or estates or which are situated within the jurisdictions of more than one compensation officer, such application shall be filed before the compensation Officer of the area where the vesting has taken place earlier or where the largest estate lies. Every such application shall be in Form 59. Where there is a dispute about the right, title or interest of the applicant, the compensation officer shall withhold payment until such time as the dispute is decided by a competent court. (2) No court fee shall be charged upon application for ad-interim payment. (3) The payment of annual ad-interim compensation shall be made according to the year and the amount payable on such account for each year shall be paid within three months after the close of the year. Manner of keeping in deposit disputed adinterim compensation money (4) The Collector shall maintain a register of all ad-interim payments. Submission of return 189. The amount held in dispute and remaining undisbursed under clause (c) of section 154 of the Act shall be kept in revenue deposit in the Treasury with necessary particulars. 190. (1) Every return under section 165 shall be in form 60. (2) Where a person or any member of his family holds any land jointly with another person who is not a member of his family, the share held by him or by the members of his family shall be shown distinctly in the return. (3) Along with Form 60 further in formation shall be furnished in form 61 showing transfers, if any made after 24th January, 1971. (4) The return shall ordinarily be submitted in triplicate, but as many additional copies of From 60 and 61 shall be furnished as there are village in which the land held by the person o any member of his family is situated. (5) A member of a co-operative society shall furnish in Form 60 and 61 information in respect of his share of the land held by him in the cooperative society. 191. 1[If the return under the proceeding rule is not submitted within the period prescribed by the State Government under section 165 or within the time allowed under sub-section (2) of section 166 the necessary information shall be collected by the competent authority through his circle officer or the Assistant survey & Settlement Officer as the case may be] The agency through which information may be collected under section 166 Verification etc 192 (1) Where a return is submitted under the rule 190, the information contained therein shall be verified from the entries in the record of rights. (2) Where necessary information has be collected under rule 191 the competent authority shall give the person concerned an opportunity of being heard. Preparation of list 193. The competent authority shall, after the return furnished under rule 190 of in formation collected under rule 191 has been verified, cause a notice to be given to the persons concerned who may be in possession of the land or part of the land and may call for such additional information, evidence or proof from them s it considers necessary. Consideration of any land so transferred or partitioned After considering such facts, circumstances and documents which the persons concerned might bring to his notice, the competent authority may with or without any further inquiry, determine the excess land as well as the land to be retained by such person and thus prepare the list under sub-section 167 in form 62. 2[ 193A—In determining the bonefide transfer or partitioned under clause (a) of sub-section (1) of section 168B the competent authority shall hold such enquiry as he deems fit after giving the transfer or an opportunity of being heard] 2 Inserted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules 1974. Selection of excess land out of transferred land Publication of list for objection Manner of publication under; sub-section 3 of section 170 194. In case the competent authority proposes to select excess land out of the land transferred, it shall do so after giving to the notice to the transferee or transferees concerned and after giving them an opportunity of being heard. It may also all for such additional information as may be necessary for determination of the proportion in which the excess land is to be selected out of the land transferred and the transferee or transferees concerned shall be bound to furnish the information called for. 195. (1) The list prepared by the competent authority shall be published in the office of the Collector, sub-Divisional Officer, circle officer and the registration office and a coy thereof shall be served on the person or persons concerned. (2) The competent authority shall serve the list on the raiyat or under raiyat or mortgagee with possession whosoever occupies the excess land by tendering or delivering a copy thereof to him or to his duly authorized agent. (3) If such person or his agent by not available, the list shall be delivered to any adult member in the house in which the person ordinarily resides. (4) If the case covered by the sub-rule (2) and (3) above the serving officer shall require the signature of the recipient to be given in the body of the returnable copy in token of acknowledgement of receipt of the copy served on him. (5) If such person ordinarily resides the jurisdiction of the Union Territory of Tripura, then the list may be served by posting a copy to him by registered post, and such posting shall be deemed to be sufficient service. (6) If such person or his agent or any adult member in his house be found unwilling to accept the list or to sign acknowledgement or avoiding service, or if he resides outside the Territory and his address is not known, the list may be served by affixing a copy thereof in some conspicuous part of the land to which the list relates. (7) A report by the serving officer stating the manner and date of such service attested by two person present at the time of service shall be sufficient proof thereof. 196. An application for restoration possession under the proviso to sub-section (4) of section 169 shall be made within thirty days of the publication 170 the list in the official Gazette under section (3) section 167. Application for restoration 197. 1[(1) List s approved or modified under sub-section (2) of section 170 shall be published in the official Gazette in form 62A. (2) The list published under sub-section (3) of section 170 shall be served on the person or persons concerned in the manner laid down in rule 195 and copy thereof shall be pasted at the court house of the competent authority.] Verification of information furnished Appointment of compensation between the raiyat and under raiyat 198. For the purpose of determining compensation, the competent authority may, as soon as possible, as after the publication of the list under section 170 call upon any person from whom excess land has been acquired or transferred to furnish the following information within 30 days of the receipt of its order. Calling information for determining compensation (i)whether their is any building or structure or tree on the excess land and if so, by whom were they constructed or planted; (ii) whether the person from whom land has been acquired or transferred held it as raiyat and, if so, whether there is any underraiyat of under raiyats o the land; in case there is any under raiyat, the area occupied by each; (iii) whether the person from whom the land has been acquired or transferred held it as an under raiyat; in case it is so, the name of the raiyat; (iv) whether the person from whom the land has been acquired or transferred held it as a mortgagee in possession; incase it is so, the name of the mortgaee ; and (v) any other information consistent with the above. 199. (1) The competent authority may verify the above information through the Survey and settlement officer or the circle officer of the circle. (2) It shall give the person, whose land has been acquired, or transferred, a reasonable opportunity of being heard. (3) It may call for such further information as it considers necessary. 200. 1[Omitted] 201. Save as otherwise provided in these rules the competent authority shall determine the compensation in respect of any structure or building constructed on excess land in accordance with the provisions of Chapter X. Compensation for structure and buildings 202 (1) If the parties agree to an apportionment, the compensation shall be apportioned accordingly, otherwise apportionment shall be made by the competent authority. (2) In determining the shares of the raiyat and under raiyat under sub- section (2) of section 171, the following shall be taken into consideration. (i) 50% of the value of the average yearly gross produce which may be agreed l upon between the parties or as determined under rule 200, minus the amount of annual rent payable for the year immediately preceding the year in which section 164 is enforced shall be taken as the under raiyats share of net income. (ii) The raiyats share of net income shall be equal to the aforesaid rent minus the revenue payable by him in respect of the land for the said preceding year. Recovery of compensation from under raiyat or mortgage Determination of compensation (iii) The compensation payable in respect of the excess land shall be apportioned between the raiyat and the under raiyat proportion to their respective shares in the net income determined as above. 203. (1) The compensation shall be recovered by the State Government from the under raiyat or the mortgagee with possession as the case may be, in such installments as may be determined by the competent authority keeping in view the amount of compensation. Provided that an under raiyat or mortgage with possession shall have the right to set of any amount which he is entitled to receive as compensation under the provisions of the Act. (2) A register of all such amounts to be recovered will be maintained. 204. (1) On receipt of an application or on its own motion the competent authority shall prepare a compensation statement for land of which ownership has vested in the Government or in an under raiyat or mortgagee in possession. (2) A copy of the compensation statement shall be sent to the persons interested along with a notice informing them to file objection, if any within the period to be specified in the notice. (3) A copy of the said compensation statement shall be affixed on the notice board of the court house of the competent authority to enable any other interested person to file objections. (4) The competent authority shall issue notice informing the objector and such persons who are interested, of the date and date and place fixed for hearing of the objection. No objection shall be disposed of without affording the parties materially interested or their duly authorized representatives an opportunity of being heard. Provided that in any case in which an order is made expert against a person, he may apply to the competent authority by whom the experte order to set it aside and if he satisfies the competent authority that the notice of abjection was not duly served on him or that he was prevented by any sufficient cause beyond his control form appearing when the case was heard the competent authority may make an order to set aside the order as against such a person and thereupon may appoint another day for proceeding with the case. Provided that where the exparte order is of such a nature that it cannot be set aside against such a person only it may be set aside as against all or any or the other persons involved in the case. (5) After the expiry of the period for filing objection or where any objection is filed when al the objections have been finally disposed of, a copy of the compensation statement shall be sent by registered post acknowledgement due to each interested person. Payment of compensation 205. (1) The competent authority shall by serving a notice on every person to whom the compensation is payable tender the payment thereof. Acquisition of excess land after enforcement of section 164 Forms 60 and 61 Demarcation of excess land Application for exemption Payment of compensation shall be made in accordance with the following table:First Rs. 1000/- of less-- In one instalment. Balance, if any—In equated annual instalments not exceeding 20 provided that no instalment except the last shall be of less than Rs. 1000/- 206. Compensation shall be paid as far as may be in accordance with Schedule IV. Application of Schedule IV Register of compensation 207. There shall be maintained a register of compensation paid under this chapter. 208. Any person having a charge o the compensation amount under sub-section (4) of section 171 may within 60 days of the notification under section 170 prefer claim in writing to the competent authority dealing with the compensation of the land in question and payment may be made in accordance with such agreement as may be arrived at between the parties. In case of dispute, the amount shall be kept in deposit in the government Treasury till the dispute has been decided by a Court of competent jurisdiction. Payment of compensation to charge holders 209. (1) If after the enforcement of Section 164, any person either by himself or through any member of his family, as raiyat, under raiyat or mortgagee with possession acquired land in any manner whatsoever, whether by transfer, exchange, lease, agreement of succession, which with or without the lands already held by him or any member of his family, exceeds in the aggregate limit fixed under section 164, he shall within 60 days from the date of such acquisition submit to the Collector a return in Forms 60 and 61 giving the particulars of all has lands selecting the lands he desired to retain. (2) If he fails to submit a retain and select the land within the period mentioned in sub-rule (1), the competent authority may obtain information as provided under rule 191 and select the land. (3) Rules 192 to 200 shall thereupon apply mutates mutandis. 210. After such survey as may be considered necessary and by putting temporary boundary marks, the Collector shall take steps to demarcate the excess lands and shall require the persons holdings the excess land to give up possession thereof within a period of 30 days of the demarcation. 211. (1) Application for exempted shall be made in duplicate. 1[(2) In determining the lands to be exempted from the operations of section 164 under clause (a) of sub-section (1) of section 178 the following shall be taken into consideration: (a) Planted area that is to say, area actually being say for growing tea, coffee or rubber; (b) Programme, if any, for expansion during the next ten years and the area of land to be covered thereby; (c) area required for replantation; (d) area of land under thatched or bamboo hutments; (e) lands on which factories, labour quarters, play-grounds, hospitals, schools, markets and other ancillary building of the plantation exist; (f) lands used of required for provision of water supply and growing fuel trees and grass for thatching purposes, for the use of factories and persons employed in the plantation; and (g) unplantable enclaves within the area which the area which may be permitted to be retained for the purposes mentioned in clauses (a) to (f) if the acquisition of such enclaves would interfere with the smooth working of the plantation] 1[(3) the state Government may for the purpose of determining the area of lands to be exempted under sub-rule (2) appoint a Committee consisting of three persons. One of the members of the Committee shall be a person having expert knowledge of growing tea, coffee of rubber according as the area to be determined relates to growing of tea, coffee or rubber and the other members of the committee shall be person in the employ of Government, provided that where the committee is to deal with lands used for growing tea, the person having expert knowledge of tea growing shall be appointed in consultation with the Chairman of the Tea Board establishment under the Tea Act, 1953 (29 of 1953). The committee shall take into consideration of the provisions of sub-rule 92) and recommend the extent of land which may be exempted from the operation of section 164.] 2[(4) After consideration the findings of the committee and after haring the persons concerned and such other person as he may like to be heard, the State Government may, for reasons to be recorded, by order determine the area of land to be exempted.] 1[(5) Every area of land exempted form the operation of section 164 for purpose mentioned in clause (b) or clause (f) of sub-rule (2) shall be used for the said purpose within a period of ten years from the date on which the State Government passes an order exempting that area under sub-section (1) of section 178.] Declaration under section 182(2) 1. Substituted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules 1974. 1. Substituted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules 1974. 1. Substituted by Tripura Land Revenue & Land Reforms (6th 1. Omitted by Tripura Land Revenue & Land Reforms (6th 1. Substituted by Tripura Land Revenue & Land Reforms 212. The declaration to be made under sub-section (2) of section 182 shall be filed in triplicate in form 63 before the competent registering authority referred to in that sub-section. 2. Inserted by Tripura Land Revenue & Land Reforms 1 & Restoration of Possession Court fees Procedure to be followed by the collector under section 187 213. The provisions of rule 163 shall mutates mutandis apply to proceedings under sub-section (2) of section 186. 214. Every document mentioned in column 3 of Schedule V shall be chargeable with court fee as specified against it in Column 4 of the said schedule and no document so chargeable with fee shall be entertained or acted upon by any officer or authority until the full amount of court fee chargeable there o has been paid. 2[215. Before giving any permission to the transfer of any land by a member of the scheduled tribe under sub-section (b) of section 187 of the Act, the Collector shall— (a) inquire whether the member of the scheduled tribe can afford to meet his wants without transferring the land; (b) inquire whether after the transfer the transferer will be left with agricultural land not less than the size of a family holding; (c) 3(c) [obtain the recommendations of the District Tribal Advisory Committee in all cases after apprising the committee of the result of his enquiry;] 4[216. (1) The application for restoration of possession under sub-section (3) of section 187 shall be in Form 64. (2) On receipt of any application or any information regarding transfer of any land by a member of scheduled tribe made in contravention of sub-section (1) of section 187, the revenue officer specially appointed for the purpose of subsection (3) of section 187 shall draw up a proceeding and issue notice in Form 65 to the transfere or any peso claiming through or under him to show cause within the time specified in the notice why possession of the land should not be restored to the transferer or his successor in interest, after objecting the transfere or the person claming through or under him. Restoration of transferred land to the member of the Scheduled Tribe (3) If the transfer or a person claiming the land through or under him, files an objection within the period specified in the notice or such extended period not exceeding fifteen days in the aggregate allowed By the revenue officer. The revenue l officer shall hold a summary enquiry I the matter laid down in schedule III of the Tripura Land Revenue and Land Reforms Rules, 1961. (4) If the transfere or any person claiming through or under him files no objection within the time allowed or if after enquiry the revenue officer finds that the transfer of any land or part thereof was made in contravention of sub-section (1) of section 187 he shall order the transferee or any person claiming through or under him to make over possession of such land to the transferer or to his successor in interest. (5) If the transfere or any person claiming through or under him files to comply the order passed against him under sub-rule (4) then the revenue officer or any other officer authorized in this behalf may such step or use such force as may be necessary to enforce compliance of the orders on any date following the date mentioned in sub-rule (4) without any further notice to the defaulting person and may also enter any building or place for the purpose.] By order of the Governor. Secretary Revenue Department Government of Tripura. Word ‘Administrator’ substituted by the word ‘State Government’ by North Eastern Areas (Reorganisation) (Tripura) Adaptation of Laws order 1973. ** The expression “Tripura Administration” is proposed to be substituted by “the words” The Govt. of Tripura by 13th Amendment of the Rules. SCHDULE—1 T.R.L.R. Form—1 (See rule 9{2}) Notice for allotment of land for pasturage/community purposes under section 13. Whereas it appears necessary that land specified below may be set apart for pasturage for the village cattle/community purposes, objection if any, may be made within thirty days from the date of publication of this notice. 2. Inserted by Tripura Land Revenue & Land Reforms (4th Amendment) Rules 1979. 3. Substituted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules 1974. 4. Inserted by Tripura Land Revenue & Land Reforms (6th Amendment) Rules 1974. Village/ Tehsil Sub-Division Plot Number Area Purpose in case of land to be set aside for pasturage for the cattle of any village or villages specify the village or villages. 1 2 3 4 Date-- Collector (See rule 35) ByorderoftheGovernor.; UnderSecretarytothe; Govt.ofTripura; SerialNo.ofReceipt……; Father’sName…………...; Totalamountpaid……..; Signatureanddesignationofthe; receipientofcoupon. anddesignationofthe General Serial No. Receipt Book No. Of receipt orderoftheGovernor. nderSecretarytothe Collection No Particulars of holding & raiyats Name of PS…… Name of Tehsil…. Name of Mouja Annual land revenue Name of raiyat Father’s Name No. of holding Area of land Cess.. Govt.ofTripura .ofReceipt…… ame…………... untpaid…….. ofcoupon. Accounts of revenue collected Total….. Current Demand Arrear Demand LandRevenue Cess Total Of13:…..B.S. Land Revenue Totalofarrears(7+10) Totalofcurrentandarear; mand( 3+11; GrandTotal Of13:…..B.S. Of13:…..B.S.and; previousyearstothat Total Of13:…..B.S.and; previousyearstothat Total 1 2 3 4 5 6 7 8 9 10 11 12 13 ntandarear .S.and .S.and s(7+10) tothat tothat COUPON ) COUPO . . ReceiptBookNo…... Dateofcollection….. NameofRaiyat……. NameofMouja……. Dateofcollectionof coupon This receipt is issued on receipt of Rs………………………………… (in words Rupees………………………………………………………………) Of Signature of the person making paymeny. Signature of the Revenue Officer (See rule 39) NOTIFICATION No……………….. Dated, the……………………. It is hereby notified for general in formation under rule 39 of the Tripura Land Revenue and Land Reforms Rules 1961 read with section 26 of the Tripura Land Revenue and land Reforms Act, 1960 that a Revenue survey of the area specified in the schedule below shall be made with a view to the settlement of land revenue and to the preparation of record of right connected therewith/or the revision of any existing settlement or/record of rights. Delete the words which are unnecessary By order the Governor Secretary, Revenue Department Government of Tripura T.R.L.R From 4 [See rule 39 )2)] PROCLAMATION No……………… Dated, the………… All land holders and members of public of the village mentioned in the schedule below and of the village contiguous thereto are hereby informed that orders have been issued for revenue survey and preparation/revision of the record of rights pertaining to the village on the basis of and following the work of village boundary demarcation and other maters, relating to survey and settlement of the said village according to the provisions of the Tripura Land Revenue and Land reforms Act, 1960.

Name of number of the Name of Village Thana Assessment unit T.R.L.R. FORM—7 (See Rule 53(1)) KHATIAN NO. Mouja………………………………………….Touzi No……………………………….. Tehsil…………………….Revenue Circle………………………Sub-Division……………. Of Superior interests Determination under section. Khatian Description of interest & Share of Revenue Date from which revenue No. name of possessors. each will come into force. 1 2 3 4 5 This interest. Name etc. of the Share Class to which land Special condition and Land holder holder belongs with incidents of the (in detail) particulars tenancy or holding 6 7 8 9 Sub-ordinate interests. List of separate khatians of subordinate interests 10 LAND IN DIRECT POSSESSION OF THE INTEREST Plot Number North boundary Class of Land Remarks Properties area of this interest within the plot. Old Present Plot No. Occupier Acre. Dec. Hectare Acre 11 12 13 14 15 16 17 18 Total Plot…………………. Total area of Land owned Total area of subordinate interest Grand Total T.R.L.R. Form 8 (See rule 54) KHASRA Mouja……………………………………………………. Tehsil……………………… Revenue Circle…………………. Sub-Division……….. LAND IN DIRECT POSSESSION OF THE INTEREST Plot Number `Class of Land Khatian in which included Total area of Plot Share of plot in each khatian Proportionate area of plot in khatian Old Present Acre Dec. Acre. Dec. 1 2 3 4 5 6 7 Actual possessor (in brief) Remarks Plot No. Cropped ares Bhadai crop Winter crop Rabi crop Other cropped area Double cropped area Triple cropped area Name of crop Area A D Name of crop Area A D Name of crop Area A D Name of crop Area A D A D A D 8 9 10 11 12 13 14 15 16 17 18 19 20 Un-cropped area Area A D Method of irrigation and what plot Area A D Use of fertilizer Source, method & plot No. Name of fertilizer Area A D Description of Land 21 22 23 24 25 26 T.R.L.R. Form 8A (See rule 71A) Village……………. Tehsil……………… Revenue Circle……………. Sub-Division……….. District……………….. Plot No. Northern boundary Class of Khatian in Name and status land which of the recorded Plot No Occupier included person 1 2 3 4 5 Total of the plot Name of parentage of Condition of possession Name of Head of Remark actual possessor and date from which the family or posseHec. Are. with status & possessed ssor, relation with share he actual possessor and number of family members 6 7 8 9 10 “T.R.LR. FORM 9 [See rules 57 and 71A (2)] NOTICE No……………… Dated, the………………. Whereas the work relating to…………. In connection with survey and settlement Preparation of field index (khasra) Shall be taken up in the village mentioned in the schedule below from the…………………… day of …………19……………………………all holders of land are informed that they shall either personally or through their duly authorized agents attend the fields for showing the boundaries of the village and of their own land. They shall also furnish all such information’s supported by relevant documents and other evidences as may be required in this connection failing which according to law may be takes against them.

(See rule 82) The inspection and grant of certified copies of Revenue Records. Revenue records to be open to public inspection 1 .(i) Subject to the provisions of the schedule, all revenue records shall be open to inspection by the public. (ii) If the Collector or any officer in charge of the record room considers that any record of which inspection is sought is of a confidential nature or that in inspection thereof would be prejudicial to public interest, he may be a written order refuse the inspection. Inspection of records deposited of pending cases and of deposited in the record room 2. The record of a case which is pending or which has been decided but, the record of which has not been deposited in the record room, may, with the permission of the Court concerned be inspected (i) by any party thereto or by his pleader or recognized agent or by such pleaders recognized clerk if authorized by his master free of charge, and (ii) by any other person after payment of the prescribed inspection fee. Explanation—For the purposes of this para the records of a decided case called for in connection with a pending case shall be deemed to be the record of a case which is pending before the officer who called for it. Inspection of records deposited in the record room in 3. The inspection of records deposited in the record room shall be allowed with the permission of the Collector or such officer as he may appoint in this behalf, on payment of the prescribed inspection fee. Inspection by Govt. Officers 4. The inspection of any record by Government officers, or other persons duly authorized in this behalf for Government purposes shall be allowed free of charge. Inspection Book 5. A book called the inspection book shall be kept by each court and also by the record keeper in form A appended to this schedule and every person desiring inspection shall fill in the particulars in columns 1 to 4 thereof. Before the inspection is begun, the permission of officer competent to grant permission shall be taken by the court clerk or by the record keeper, as the case may be, by obtaining the officers initials in column 5 of the inspection book. Inspection fee 6. The inspection fee chargeable under paras 2 and 3 shall be Rupee one for the first hour and fifty Naya Paise for any subsequent hour or portion thereof for every record inspected. The fee shall be prepaid in court fee stamps and shall in no case be refunded. The record keeper, or in the case of a court, such officer as the presiding officer may direct to maintain the inspection book, shall affix the stamps in column 8 of the book and cancel them in the manner specified in section 30 of the Court fee Act, 1870 (VII of 1870). Place and time of inspection 7. The inspection shall be made within such office hours, in such place and in the presence of such official as the presiding officer, or in the case of records deposited in the record room, the officer in charge of the record room may direct. Manner of inspection 8. The use of pen and ink during inspection is prohibited. Pencil and paper may be used for making any notes or copies from the record but no marks shall be made on any record or paper inspected. Any person infringing this provision may, by the order of the Collector or the officer in charge of the record room or the presiding officer, be deprived of the right of inspection for such period as he may direct. Such an order, when passed by revenue officer subordinate to the Collector, shall be subject to revision by the latter. Return of record 9. The inspection shall be completed and the record returned within the hours fixed under para 7 on the day on which the record was taken out for inspection. Failure to inspect 10. If the applicant fails to make inspection within one week from the date on which inspection was ordered, the order shall lapse and no further inspection shall be allowed without obtaining a fresh order. Inspection of land records in custody of tehsildar or village accountant 11. The tehsildar/village accountant shall allow any one interested to inspect free of charge any land records in his custody and to take notes of the same. Copies of record of rights 12. Certified copies of record of rights and maps may be granted to parties under Section 49 or 50 at Sadar by the record keeper and in the mofussil by the revenue officer having custody of the maps and records in question. Form of application for copies 13. Application for certified copies shall be made in form appended to these rules and shall bear a court fee stamp of the value of twenty five naya paise. Charges for copies 14. Fees for certified copies of maps and records shall be as follows:- Manuscript of typed copies Fifty seven naya paise per folio consisting as nearly as possible 150 words (four figures counting one word) or part thereof. 100 plots or fraction subsequent 100 plots or fraction thereof one rupee. Cadastral survey maps One rupee Authentication fee for maps One rupee extra (or if the copy four folios twenty Five naya paise for every folio) Expedition fee for urgent application for copy Supply of folios etc. by applicants 15. Requisite folios for certified copies of records, tracing cloth for certified copies of maps and Khatian forms for certified copies of record of right shall be supplied by the parties. Rejection of application 16. If the applicant fails to deposit requisite number of folios and other cost within a week from the date on which the cost is notified the application, may be rejected and once an application is rejected it cannot be reviewed, though a fresh application may be given. Grant of copies for public purpose 17. No fee shall be charged for grant of certified copies of maps and records required for public purposes by Heads of Government Departments. Copies of record not finally published 18. When a certified copy of a record not finally published under sub-section (2) of section 43 of the Act is granted, there shall be certificate on the copy as follows:- “Certified to be true or copy of part of record of rights which is being prepared under Chapter V of the Tripura Land Revenue and Land Reforms Act, 1960. The stage of......................has been completed at the time of the issue of the copy” Date: Signature Designation FORM A of Inspection Book (See para 5 of schedule II) Date Signature and occupation of application for inspection Record, book of register of which inspection in sought Capacity in which inspection is Sought Initials of officer in ordering inspection Time occupied Stamp affixed Remarks From To 1 2 3 4 5 6(a) 6(b) 7 8 FORM A of Application of copy (See para 13 of schedule II) Name and address of the applicant Application fee(in court fee stamp to)affixed here Name of village Name and address of the person who will receive the copy Forms and tracing cloth if required to be supplied by the applicant J.L. No. Tehsil Thana Whether to be received personally or to be sent by registered post. For certified copies court fees and folios to be supplied by the applicant according to rules. Extra 75nP. Court fee for sending by registered post. Particulars of record or map Receipt for the application Name of the applicant Due date for issue of the copy Court fee Folio deposited Officer receiving application Memo of stamp Name of copyist Cost of folios Forms etc. To be drawn by the copist Court fee labels Delivery of copy Serial No. Date of presentation Application fee Postage fee Authentication fee Folios If posted date of posting receipt to be attached here If taken personally receipt of the party with date.

-95 103. (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.

Compensation shall be paid as far as may be in accordance with Schedule IV. Application of Schedule IV

Sl. No. | Section of the Act. | Description of application and other Proceedings | Proper fee. --- | --- | --- | --- | | Any plant, petition, application, objection and memorandum of appeal not exempted from payment of Court fees ad not specifically provided for in this Schedule. | As in the court Fees Act, 1870 for the proceeding of that nature. By order of the Governor Secretary Revenue Department Government of Tripura.

An entry to the effect that the order in appropriate form has been duly be dispatched to the Sub-Divisional Office or the lower court, as the case may be, shall be made by the clerk or other officer of the court on the order sheet and the file shall not be consigned to the Record Room till a copy of this form has been returned by the Officer concerned with a note that the order contained therein has been communicated to the Circle Office concerned and that he has pasted a copy of the order for necessary action in the guard book.