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An Act to consolidate and amend the law relating to land revenue in the Union territory of Tripura and to provide for the acquisition. of estates and for certain other measures of land reform.

be IT Enacted by Parliament in the Eleventh Year of the Republic of India as follows :–

CHAPTER I.

PRELIMINARY

1.Short title extent and commencement.

1. Short title extent and commencement. (1) This Act may be called the Tripura Land Revenue and Land Reforms Act, 1960.

(2) It extends to the whole of the Union territory of Tripura.

(3) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provi-
sions of this Act.

2.Definitions.

2. Definitions. In this Act, unless the context otherwise requires,-

(a) “Administrator” means the Administrator of the Union territory of Tripura;

(b) “agriculture” includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding, grazing and pisciculture;

(c) “basic holding” means land used for agricultural pur-
poses which is equal to two standard acres In area;

544.(d) “Collector” means the Collector of the district and includes any officer appointed by the Administrator to exercise and perform all or any of the powers and functions of a Collector under this Act;

(e) “commencement of this Act”, in relation to any provi-
sion., means the date specified in respect of that provision in a notification under sub-section (3) of section 1;

(f) “competent authority”, in relation to any provision, means any officer appointed by the Administrator to be the competent authority for the purpose of that provision;

(g) “family” except in Chapter XIII means, in relation to a person, the wife or husband of such person, his children, grandchildren, parents and brothers, and in the case of a
Joint Hindu family, any member of such family;

(h) “family holding” means land used for agricultural pur-
poses which is equal to 6.4 standard acres in area;

(i) “Government” means the Central Government;

(j) “holding” means a parcel of land separately assessed to land revenue;

(k) “improvement”, in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land and consistent with the character thereof and includes-

(i) the construction of tanks, wells, water channels and other works for the storage, supply and distribution of water for agricultural purposes or for the use of man and cattle employed in agriculture;

(ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water;

(iii) the preparation of land for irrigation;

(iv) the conversion of one-crop into two-crop land;

(v) the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes;

(vi) the erection on land or in the immediate vicinity thereof otherwise than on the village site, of a building or house for the occupation of the under-
raiyat, his family and

545.servants or of a cattle shed, a store-house or other construction for agricultural purposes or of any building required for the convenient or profitable use or occupation of the land; and

(vii) the renewal or reconstruction of any of the fore-
going works or such alterations therein or additions thereto as are not of the nature of ordinary repairs; .

(l) “minor” means a person who is deemed not to have attained majority under the Indian Majority Act, 1875;(9 of
1875).

(m) “Official Gazette” means the Tripura Gazette;

(n) “pay”, “payable” and “payment”, used with reference to rent, include deliver”, “deliverable” and “delivery”;

(o) “person under disability” means-

(i) a widow;

(ii) a minor;

(iii) a woman who is unmarried or who, if married, Is divorced or judicially separated from her husband or whose husband is a person falling under item (iv) or
(v)

(iv) a member of the Armed Forces of the Union:

(v) a person incapable of cultivating land by reason of some physical or mental disability;

(p) “personal cultivation”, with its grammatical variations and cognate expressions, means cultivation by a person on his own account-

(i) by his own labour, or

(ii) by the labour of any member of his family, or

(iii) by servants or by hired labour on wages, payable in cash or in kind but not as a share of produce, under his personal supervision or the personal supervision of any member of his family;

Explanation I.-Land shall not be deemed to be cultivated under the personal supervision of a person or a member of his family unless such person or member resides in the village in which the land is situated or in a nearby village situated within a distance to be prescribed, during the major part of the agricultural season;

Explanation II.-In the case of a person under disability, supervision by a paid employee on behalf of such person shall be deemed to be personal supervision;

546.(q) “prescribed” means prescribed by rules made under this
Act;

(r) “public purpose” includes a purpose connected with allotment of land co cultivators, under-raiyats ejected as a result of resumption, land-less agricultural workers or co-
operative farming societies;

(s) “raiyat” means a person who owns land for purposes of agriculture paying land revenue to the Government and in-
cludes the successors-in-interest of such person;

(t) “rent” means whatever is lawfully payable, in money or in kind, or partly in money and partly in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or occupation of land or on account of any right in land but shall not include. land revenue;

(u) “standard acre” means one acre of lunga or nal or three acres of tilla land;

(v) “under-raiyat” means a person who cultivates or holds the land of a raiyat under an agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the produce and includes a person who cultivates or holds land of a raiyat under the system generally known as bhag, adhi or barga;

(w) “village” means any tract of land which, before the commencement of this Act, was recognised as or was declared to be a village under any law for the time being in force or which may after such commencement be recognised as a village at any settlement or which the Administrator may, by notification, in the Official Gazette, declare to be a village;

(x) “year” means the agricultural year commencing on such date as the Administrator may, in the case of any specified area, by notification in the Official Gazette, appoint.

CHAPTER III.-LAND AND LAND REVENUE 

11.Title of Government to lands, etc.

 

11.Title of Government to lands, etc. (1) All lands, public roads, lanes and paths and bridges, ditches, dikes, and fences on or beside the same, the beds of rivers, streams, nallas, lakes and tanks, and all canals and water courses, and all standing and flowing water, and all rights in or over the same or appertaining thereto, which are not the property of any person, are and are hereby declared to be the property of the Government.

(2) Unless it is- otherwise expressly provided in the terms of a grant made by the Government, the right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum shall vest in the Government, and it shall have all the powers neces-
sary for the proper enjoyment of such rights.

(3) Where any property or any right in or over any property is claimed by or on behalf of the Government, or by any person as against the Government and the claim is disputed, such dispute shall be decided by the Collector whose order shall, subject to the provisions of this Act, be final.

(4) Any person aggrieved by an order made under sub-section (3)
or in appeal or revision therefrom may institute a civil suit to contest the order within a period of six months from the date of such order and the decision of the civil court shall be binding on the parties.

549.12.Right to trees, forests, etc.

12. Right to trees, forests, etc. (1) The right to all trees, jungles or other natural products growing on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever growing, except in so far as the same may be the property of any person, vests in the Government, and such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such manner as may be prescribed, keeping in view the interests of the people in the area with regard to the user of the natural products.

(2) All road side trees which have been planted and reared by or under the orders or at the expense of the Government and all trees which have been planted and reared at the expense of local authorities by the side of any road belonging to the Government vest in the
Government.

13.Assignment of land for special purposes.

13.Assignment of land for special purposes. Subject to rules made in this behalf under this Act, the Collector may set apart land belonging to the Government for pasturage for the village cattle, for forest reserves or for any other purpose.

14.Allotment of land.

14.Allotment of land. (1) The Collector may allot land belonging to the Government for agricultural purposes or for construction of dwelling houses, in accordance with such rules as may be made in this behalf under this Act; and such rules may provide for allotment of land to persons evicted under section 15.(2) The Administrator shall have power-

(a) to allot any such land for the purpose of an industry or for any purpose of public utility on such conditions as may be prescribed, or

(b) to entrust the management of any such land or any rights therein to the gram panchayat of the village established under any law for the time being in force.

15.Unauthorised occupation of land.

15.Unauthorised occupation of land. (1) Any person who occupies or continues to occupy any land belonging to Government without lawful authority shall be regarded as a trespasser and may be summarily evicted therefrom by the competent authority and any building or other construction erected or anything deposited on such land, if not removed within such reasonable time as such authority may from time to time fix for the purpose, shall be liable to be forfeited to the
Government and to be disposed of in such manner as the competent authority may direct:

Provided that the competent authority may, in lieu of ordering the forfeiture of any such building or other construction, order the demolition of the whole or any part thereof.

(2) Such trespasser shall also be liable by way of penalty to pay a sum which may extend to six times the annual assessment on such

550

land as may be specified by the competent authority and such sum shall be recoverable in the same manner as an arrear of land revenue.

(3) Upon payment of the penalty referred to in sub-section (2), the trespasser shall have the right of tending, gathering and removing any ungathered crops.

16.Liability of land to land revenue.

16.Liability of land to land revenue. (1) All lands, to whatever purpose applied, are liable to payment of land revenue to the
Government.

(2) The Administrator may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with any law for the time being in force or the rules made under this
Act.

17.Alluvial lands.

17.Alluvial lands. All alluvial lands, newly formed islands, or abandoned river beds, which vest under any law for the time being in force in any holder of land shall be subject in respect of liability to land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in respect of any such lands, islands or river beds unless the area of the same exceeds one acre.

18.Land revenue in case of diluvion.

18. Land revenue in case of diluvion. Every holder of land paying land revenue in respect thereof shall be entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any portion thereof, not being less than one acre in extent, is lost by diluvion.

19.Assessment of land revenue.

19. Assessment of land revenue. (1) The assessment of land revenue on any land shall be made, or shall be deemed to have been made, with respect to the use of the land-

(a) for purposes of agriculture;

(b) for industrial or commercial purposes;

(c) as sites for dwelling houses;

(d) for any other purpose.

(2) Where,land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed,at a different rate in accordance with the rules made under this Act.

20.Diversion of land.

20.Diversion of land. (1) If any person holding land for any purpose wishes to divert such land or any part thereof to any other purpose except agriculture, he shall apply for permission to the competent authority who may, subject to the provisions of this section and to the rules made under this Act, refuse permission or grant it on such conditions as it may think fit.

551.(2) Permission to divert may be refused by the competent autho-
rity only on the ground that the diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the holder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3).

(3) Conditions may be imposed on diversion for the following objects and no others, namely, in order to secure the public health, safety and convenience, and in the case of land which is to be used as building sites, in order to secure in addition that the dimensions, arrangement and accessibility of the sites are adequate for the health and convenience of occupiers or are suitable to the locality.

(4) If any land has been diverted without permission by the holder or by any other person with or without the consent of the holder, the competent authority, on receiving information thereof, may impose on the person responsible for the diversion a penalty not ex-
ceeding one hundred rupees, and may proceed in accordance with the provisions of sub-section (1) as if an application for permission to divert has been made.

(5) If any land has been diverted in contravention of an order passed or of a condition imposed under any of the foregoing sub
-sections, the competent authority may serve a notice on the person responsible for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land for its original purpose or to observe the condition; and such notice may require such person to remove any structure, to fill up any excavation, or to take such other steps as may be required in order that the land may be used for its original purpose, or that the condition may be satisfied. The competent authority may also impose on such person a penalty not exceeding one hundred rupees for such contravention, and a further penalty not exceeding four rupees for each day during which such contravention continues.

(6) If any person served with a notice under sub-section (5), fails within the period stated in the notice to take the steps ordered by the competent authority under that sub-section, the competent authority may itself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable from such person in the same manner as an arrear of land revenue.

Explanation.-“Diversion” in this section means using land assess-
ed to one purpose for any other purpose, but using land for the pur-
pose of agriculture where it is assessed with reference to any other purpose shall not be deemed to be diversion.

552.21.Remission or suspension of revenue on failure of crops.

21.Remission or suspension of revenue on failure of crops. The
Administrator may, in accordance with the rules made in this behalf under this Act, grant a remission or suspension of land revenue in years in which crops have failed in any area.

22.Responsibility for payment of land revenue.

22.Responsibility for payment of land revenue. (1) The following persons shall be primarily liable for the payment of land revenue assessed on land, namely:-

(a) the person to whom the land belongs;

(b) the under-raiyat or any other person in possession of the land, provided that such under-raiyat or other person shall be entitled to credit from the owner of the land for the amount paid by him.:

(2) Where there are two or more persons liable to pay land reve-
nue under sub-section (1), all of them shall be jointly and severally liable for its payment.

23.Receipt for land revenue.

23.Receipt for land revenue. Every revenue officer receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipt for the same.

CHAPTER IV
SURVEY AND SETTLEMENT OF LAND REVENUE

24.Definitions of “revenue survey”, “settlement” and “term of settlement”. The operations carried out in accordance with the provisions of this Chapter in order to determine or revise the land revenue payable on lands in any local area are called a “revenue survey”, the results of the operations are called a “Settlement” and the period during which such results are to be in force is called the
“term of settlement”.

25.Inquiry into profits of agriculture.

25. Inquiry into profits of agriculture. (1) As soon as may be after the commencement of this Act, the Administrator shall take steps to institute and shall cause to be constantly maintained, in accordance with the rules made under this Act, an inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes.

(2) For the purpose of determining the profits of agriculture the following matters shall be taken into account in estimating the cost of cultivation, namely:-

(a) the depreciation of stock and buildings;

(b) the money equivalent of the labour and supervision by the cultivator and his family;

(c) all other expenses usually incurred in the cultivation of the land which is under inquiry; and

553.(d) interest on the cost of buildings and stock, on all expenditure for seed and manure and on the cost of agricultural operations paid for in cash.

26.Revenue surrey.

26.Revenue surrey. Whenever the Administrator thinks it expedient so to do, he may, with the approval of the Government, by notification in the Official Gazette, direct the revenue survey of any local area with a view to the settlement of the land revenue and to the preparation of a record of rights connected therewith or the revision of any existing settlement or record of rights.

27.Power to require assistance from landholders.

27.Power to require assistance from landholders. A survey officer deputed to conduct or take part in any revenue survey may, by special order or by general notice to be published in the prescribed manner, require the attendance of holders of lands to assist in the measurement or classification of the lands to which the revenue survey extends and, when hired labour is employed for purposes incidental to the revenue survey, may assess and apportion the cost thereof on the lands surveyed, for collection as land revenue due on such lands.

28.Survey numbers and villages.

28.Survey numbers and villages. Subject to the rules made in this behalf under this Act, the survey officer may-

(a) divide the lands to which the revenue survey extends into villages and the villages into plots and survey numbers: and

(b) recognise the existing villages and survey numbers, reconstitute them or form new survey numbers.

29.Division of survey numbers into sub-divisions.

29.Division of survey numbers into sub-divisions. The survey officer may sub-divide survey numbers into as many sub-divisions as may be required in the manner prescribed,

30.
Determination of revenue-rates.

30.Determination of revenue-rates. The Administrator may at any time direct the determination or the revision of the revenue-rates for all lands in any area, of which a revenue survey has been made.

31.Preparation of statistical and fiscal records.

31.Preparation of statistical and fiscal records. It shall be the duty of the survey officer or the settlement officer on the occasion of making or revising a settlement of land revenue to prepare a register to be called the “settlement register”, showing the area and assessment of each survey number, with any other particulars that may be prescribed, and other records in accordance with such orders as may from time to time be made in this behalf by the Administrator.

554.32.Revenuerates how determined.

32. Revenuerates how determined. For the purpose of determining the revenue-rates, the settlement officer may divide any area into units and in forming such units, he shall have regard to the physical features, agricultural and economic conditions and trade facilities and communications; and shall then determine the revenue-rates for different classes of lands in each such unit in the manner and according to the principles prescribed and in particular, in the case of agricultural land, to the profits of agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on mortgages and in the case of non-agricultural land, to the value of the land for the. purpose for which it is held.

33.Publication of table of revenuerates.

33. Publication of table of revenuerates. (1) The settlement officer shall prepare a table of revenuerates in the prescribed form and publish it in the prescribed manner for the prescribed period.

(2) Any person objecting to any entry in the table of revenue-
rates may present a petition in writing to the settlement officer within the prescribed period and the settlement officer shall consider such objections after giving a hearing to the objector.

(3) The settlement officer shall submit the table of revenue-
rates to the Administrator together with a summary of objections, if any, his decisions on such objections and a statement of the grounds in support of his proposals.

34.Confirmation of the table of revenuerates.

34.Confirmation of the table of revenuerates. (1) The
Administrator may confirm the table of revenuerates submitted to him by the settlement officer with such modifications, if any, as be may consider necessary.

(2) The table of revenue-rates confirmed under sub-section (1)
shall be finally published in the Official Gazette.

35.Rates of revenue to form part settlement register.

35.Rates of revenue to form part settlement register. The table of revenue-rates published under section 34 shall be incorporated in and form part of the settlement register of the village.

36.Introduction of revenuerates.

36.Introduction of revenuerates. When the revenue-rates are determined under this Chapter in respect of any area, such rates shall take effect from the beginning of the year next after the date of final publication of the table of revenue-rates under section 34.37.Duration of revenuerates.

37.Duration of revenuerates. (1) When the table of revenue-rates for any area has been finallay published, the rates specified therein shall remain in force for a period of thirty years.

555.(2) Notwithstanding anything contained in subsection (1)

(a) revenue-rates may be altered or revised in any year after the expiry of every ten years from the date on which the table of revenue-rates was introduced, in such manner and to such extent as may be prescribed;

(b) when the circumstances of a local area are such that a fresh determination of the revenue-rates is in the opinion of the Administrator inexpedient, he may extend the term of settlement by such further period as he may think necessary.

38.Assessment on holdings.

38.Assessment on holdings. (1) The settlement. officer shall calculate the assessment on each holding in accordance with the revenue-rates confirmed and finally published under section 34 and such assessment shall be the fair assessment.

(2) The settlement officer shall have the power to make fair assessment on all lands whatsoever to which the revenue survey extends, whether such lands are held with liability to pay full land revenue or land revenue at concessional rates or are held revenue free.

(3) The fair assessment of all lands shall be calculated in accordance with rules made in this behalf and having regard to the following principles, namely:-

(a) no regard shall be had to any claim to hold land on privileged terms;

(b) regard shall be had in the case of agricultural land to the profits of agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on mortgages, and in the case of non-agricultural land, to the value of the land for the purpose for which it is held;

(c) where any improvement has been effected at any time in any holding held for the purpose of agriculture by or at the expense of the holder thereof, the fair assessment of such holding shall be fixed as if the improvement had not been made.

39.Additional assessment for water advantages.

39.Additional assessment for water advantages. Notwithstanding anything contained in this Chapter, the Administrator may direct that any land in respect of which the rate of revenue has been determined shall be liable to be assessed to additional land revenue during, the term of the settlement for additional advantages accruing to it from water received on account of irrigation works or improvements in existing irrigation works completed after the table of revenue-rates dame into force and not effected by or at the expense of the holder of the land.

356.40.
Continuance of survey operations and rates in force at commencement ofAct.

40.Continuance of survey operations and rates in force at commencement of Act. Notwithstanding anything contained in this
Chapter, all survey operations commenced under any law for the time being in force and continuing at the commencement of this Act shall be deemed to have been commenced and to be continuing under the provisions of this Chapter, and all revenue-rates in force at such commencement shall be deemed to have been determined and introduced in accordance with the provisions of this Chapter and shall remain in force until the introduction of revised revenue-rates; and such revised revenue-rates may be introduced at any time, notwithstanding anything contained in section 37.41.Power of Collector to correct errors, etc.

41.Power of Collector to correct errors, etc. (1) The powers and duties exercisable by the officers referred to in section 6 may also be exercised, during the term of settlement, by the Collector or such other revenue officer as may be specified by the Administrator for the purpose by notification in the Official Gazette.

(2) The Collector may at any time during the term of settlement correct any error in the area or the assessment of any survey number or sub-division due to a mistake of survey or arithmetical miscalcu-
lation:

Provided that no arrears of land revenue shall become payable by reason of such correction

CHAPTER V
LAND RECORDS

42.Preparation of record of rights. It shall be the duty of the survey officer to prepare a record of rights for each village showing the area of each survey number and other particulars and any other record or register, in accordance with the rules made under this Act.

43.Publication of the record of rights.

43. Publication of the record of rights. (1) When a record of rights has been prepared, the survey officer shall publish a draft of the record in such manner and for such period as may be prescribed and shall receive and consider any objections which may be made during the period of such publication, to any entry therein or to any omission therefrom.

(2) When all objections have been considered and disposed of in accordance with the rules made in this behalf, the survey officer shall cause the record to be finally published in the prescribed manner.

(3) Every entry in the record of rights as finally published shall, until, the contrary is proved, be presumed to be correct.

44.Jurisdiction of civil courts to decide disputes.

44. Jurisdiction of civil courts to decide disputes. The civil courts shall have jurisdiction to decide any dispute to which the
Government is not a party relating to any right or entry which is recorded in the record of rights.

557.45.Correction of bona fide mistake in register.

45.Correction of bona fide mistake in register. The survey officer may, on application made to him in this behalf or on his own motion, within one year from the date of final publication of the record of, rights, correct any entry in such record which he is satisfied has been made owing to a bona fide mistake.

46.Register of mutations.

46.Register of mutations. (1) There shall be maintained for every village a register of mutations in such form as may be prescribed.

(2) Any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, lease or otherwise any right in land or, where such person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property, shall report his acquisition of such right to the village accountant within three months from the date of such acquisition and the village accountant shall give at once a written acknowledgement in the prescribed form for such report to the person making it.

(3) The village accountant shall enter the substance of every report made to him under sub-section (2) in the register of mutation and also make an entry therein respecting the acquisition of any right of the kind mentioned in sub-section (2) which he has reason to believe to have taken place and of which a, report has not bee made under the said sub-section and, at the same time, shall post up a complete copy of the entry in a conspicuous place in the village and shall give written intimation to all persons appearing from the record of rights or the register of mutations to be interested in the mutations and to any other person whom he has reason to believe to be interested therein.

(4) Should any objection to an entry made under sub-section (3)
in the register of mutations be made either orally or in writing to the village accountant, he shall enter the particulars of the objection in the register of disputed cases and shall at once give a written acknowledgement in the prescribed form for the objection to the person making it.

(5) The objections made under sub-section (4) shall be decide on the basis of possession by the competent authority and orders dis-
posing of objections entered in the register of disputed cases shall be recorded in the register of mutations by the competent authority

(6) After the entries in the register of mutations have been tested and found correct,. the entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in this behalf.

558.47.Penalty for neglect to afford information.

47.Penalty for neglect to afford information. The Collector may, if he is of opinion that any person has wilfully neglected to make the report required by section 46 within the prescribed period, impose on such person a penalty not exceeding twenty-five rupees.

48.Assistance in preparation of maps.

48.Assistance in preparation of maps. Subject to rules made under this Act,-

(a) any revenue officer may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this Chapter, exercise any of the powers of the survey officer under section 27 except the power of assessing the cost of hired labour; and

(b) any revenue officer not below the rank of sub-divisional officer may assess the cost of the preparation or revision of such maps or plans and all expenses incidental thereto, and such costs and expense shall be recoverable in the same manner as an arrear of land revenue.

49.Certified copies.

49.Certified copies. Certified copies of entries in the record of rights may be granted by such officers and on payment of such fees as may be prescribed.

50.
Maps and other records open to inspection.

50.Maps and other records open to inspection. Subject to such rules and on payment of such fees, if any as may be prescribed, all maps and land records shall be open to inspection by the public during office hours, and Certified extracts therefrom or Certified copies thereof may be given to all persons applying for the same.

51.Power to transfer duty of maintaining maps and records to settlementofficer.

51.Power to transfer duty of maintaining maps and records to settlement officer. When a local area is under settlement, the duty of maintaining the maps and records may, under the orders of the
Administrator, be transferred from the Collector to the settlement officer.

CHAPTER VI
BOUNDARIES AND BOUNDARY MARKS

52.Determination of village boundaries. The boundaries of villages, survey numbers, sub-divisions and fields shall be fix4d, and all disputes relating thereto shall be determined, by survey officers or by such other officers as may be appointed by the Administrator for the purpose, in accordance with the rules made in this behalf.

53.Effect of settlement of boundary.

53.Effect of settlement of boundary. (1) The settlement of a boundary under this Chapter shall be determinative-

(a) of the proper position of the boundary line or boundary marks; and

559.(b) of the rights of the landholders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.

(2) Where a boundary has been so fixed, the Collector may at any time summarily evict any landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a boundary not to appertain to his holding or to the holding of any person through or under whom he claims.

54.Construction and repair of boundary marks.

54.Construction and repair of boundary marks. It shall be lawful for any survey officer authorised in this behalf to specify, or pause to be constructed, laid out, maintained or repaired, boundary marks of villages or survey numbers or subdivisions and to assess all charges incurred thereby on the holders or others having an interest therein.

55.Description of boundary marks.

55.Description of boundary marks. The boundary marks shall be of such description and shall be constructed, laid out, maintained or repaired in such manner and shall be of such dimensions and materials as may, subject to the rules made under this Act, be determined by the
Collector or other officer appointed for the purpose.

56.Responsibilities for maintaining boundary marks.

56.Responsibilities for maintaining boundary marks. Every landholder shall be responsible for the maintenance an good repair of the boundary marks of his holding and for any charge ,reasonably incurred on account of the same by the revenue officers in case of alteration, removal or disrepair. It shall be the duty of the village officers and servants to prevent the destruction or unauthorised alteration of the village boundary marks.

57.Collector to have charge of boundary marks.

57.Collector to have charge of boundary marks. After the introduction of survey and settlement in a district, the charge of the boundary marks shall devolve on the Collector and it shall be his duty to take measures for their construction, laying out, maintenance and repair.

58.Penalty for injuring boundary marks.

58.Penalty for injuring boundary marks. Any person wilfully erasing, removing or injuring a boundary mark shall be liable to such penalty not exceeding fifty rupees as the competent authority may impose.

CHAPTER VII
REALISATION OF LAND REVENUE MO OTHER PUBLIC DEMANDS

59.Land revenue to be first charge. Land revenue assessed on any land shall be the first charge on that land and on the crops, rents and profits thereof.

560

60.
Payment of land revenue.

60.Payment of land revenue. Land revenue shall be payable at such times, in such instalments, to such persons, and at such places, as may be prescribed.

61.Arrear of land revenue.

61. Arrear of land revenue. (1) Any instalment of land revenue or part thereof which is not paid on the due date shall become an arrear of land revenue and the person responsible for the payment shall become a defaulter.

(2) A statement of account certified by the circle officer shall, for the purpose of this Chapter, be conclusive evidence of the existence of the arrear, of its amount and of the person who is the defaulter:

Provided that nothing in this sub-section shall prejudice the right of such person to make payment under protest and to question the correctness of the account in separate proceedings before the com-
petent authority.

62.Recovery of arrears.

62. Recovery of arrears. An arrear of land revenue may be recovered by any one or more of the following processes, namely:-

(a) by serving a written notice of demand on the defaulter-,

(b) by distraint and sale of the defaulters movable property,including the produce of the land;

(c) by the attachment and sale of the defaulters immovable property.

63.Notice of demand.

63.Notice of demand. The form and contents of the notice of demand and the officers by whom such notices shall be. issued shall be such as may be prescribed.

64.Distraint and sale of movable property.

64.Distraint and sale of movable property. (1) The distraint and sale of the movable property of a Defaulter shall be made by such officers or class of officers, in such manner and in accordance with such procedure, as may be prescribed.

(2) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any property which, under the Code of Civil
Procedure, 1908, (5 of 1908), is exempt from attachment or sale in execution of a decree or of any article set aside exclusively for religious use.

65.Sale of immovable property.

65. Sale of immovable property. (1) When the Collector is of opinion that the processes referred to in clauses (a) and (b) of section 62 are not sufficient for the recovery of an arrear, be may, in addition to or instead of any of those processes, cause the land in respect of which such arrear is due to be attached and sold in the prescribed manner.

561.(2) The Collector may also cause the right, title and interest of the defaulter in any other immovable property to be similarly attached and sold.

66.Notice of sale.

66.Notice of sale. (1) Before effecting the sale of any land or other immovable property under the provisions of this Chapter, the
Collector or other officer empowered in this behalf shall issue such notices and proclamations, in such form, in such manner and containing such particulars, as may be prescribed; the notices and proclamations shall also be published in such manner as may be prescribed.

(2) A copy of every notice or proclamation issued under sub-section
(1) shall be served on the defaulter.

67.Sale to be by auction.

67. Sale to be by auction. All sales of property, movable or immovable, under this Chapter shall be by public auction held in accordance with such rules as may be prescribed.

68.Prohibition to bid at auction.

68.Prohibition to bid at auction. No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid for or acquire any property except on behalf of the Government.

69.Sale of perishables.

69. Sale of perishables. Perishable articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale.

70.
Sales not to be excessive.

70.Sales not to be excessive. Every sale of property, movable or immovable, under the provisions of this Chapter shall, as far as may be practicable, be proportionate to the amount of the arrear of land revenue to be recovered together with the interest thereon and the expenses of attachment and sale.

71.Deposit by purchaser of immovable property.

71.Deposit by purchaser of immovable property. In all cases of sale of immovable property, the party who is declared to be the purchaser shall be required to deposit immediately 25 per cent. of the amount of his bid, and the balance within fifteen days of the date of sale.

72.Failure to make deposit.

72.Failure to make deposit. (1) In default of the payment of deposit referred to in section 71, the property shall be put up for re-sale and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder.

(2) In default of payment of the balance of the bid amount within the period prescribed in section 71, the deposit after defraying therefrom the expenses of the sale shall be forfeited to the Govern-
ment and the property shall be re-sold.

562.(3) Where the proceeds of the re-sale are less than the price bid by such defaulting purchaser, the difference shall also be recoverable from him in the same manner as an arrear of land revenue.

73.Setting aside sale.

73.Setting aside sale. Where immovable property has been sold under this Chapter, the defaulter, or any person owning such property or holding an interest therein, may, at any time, within thirty days of the date of sale or within such further period not exceeding thirty days as the Collector may for sufficient cause allow, apply in the prescribed manner to the Collector to have the sale set aside-

(a) on the ground of some material irregularity or mistake or fraud resulting in substantial loss or injury to him, or

(b) on his depositing in the Collectors office the amount of the arrear specified in the proclamation of sale, the, cost of the sale and for payment to the purchaser, a sum equal to
5 per cent. of the purchase money.

74.Confirmation of sale.

74. Confirmation of sale. If, on the expiration of thirty days from the date of sale of any immovable property or of the further period, if any, allowed under section 73, no application has been made for setting aside the sale, or if any such application has been made and rejected, the Collector shall make an order confirming the sale unless, for reasons to be recorded, the Collector sets aside the sale notwithstanding that no application therefor has been made.

75.Refunds.

75.Refunds. (1) The Collector shall order the refund and payment to me purchaser, of-

(a) the amounts deposited by him under section 71; and

(b) the sum equal to 5 per cent. of the purchase money deposited under clause (b) of section 73;

if the sale is not confirmed or is set aside.

(2) The Collector shall order the refund and payment of all the moneys deposited under clause (b) of section 73 to the person who made the deposit, if the sale is confirmed:

Provided that the Collector may set off the whole or any part of any such moneys against any arrears of land revenue or any other arrear recoverable as an arrear of land revenue, which may be out-
santanding against the person who made the deposit.

76.Certificate of purchase.

76.Certificate of purchase. When a, sale held under this Chapter is confirmed, he Collector shall put,the person declared to,be the purchaser in possession of the property and shall grant him a certificate in the prescribed

563.
form to, the effect that he has purchased the property specified therein, and such certificate shall be deemed to be a valid transfer of such property.

77.Application of proceeds of sale.

77. Application of proceeds of sale. The proceeds of the sale of any property-under this Chapter shall be applied in defraying the expenses of the sale which shall be determined, in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.

78.Liability of certified purchaser.

78. Liability of certified purchaser. The person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale.

79.Precautionary measures in certain cases.

79.Precautionary measures in certain cases. When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the Collector may, if he thinks it necessary, prevent its being removed from *the land until the demand for the current year in respect of the said land is paid. whether the date fixed for the payment of the same has arrived or not.

80.
Recovery of other public demands.

80.Recovery of other public demands. The following moneys may be recovered under this Act in the same manner as an arrear of land revenue, namely:-

(a) rent, fees and royalties due to the Government for use or occupation of land or water or any product of land;

(b) all moneys falling due to the Government under any grant, lease or contract which provides that they shall be re-
coverable as arrears of land revenue;

(c) all sums declared by this Act or any other law for the time being in force to be recoverable as an arrear of land revenue.


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