CHAPTER II—REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT
3. Power to create, alter or abolish districts, sub-divisions, etc.—(1) The Administrator may, with
the previous concurrence of the Government, by notification in the Official Gazette, divide the Union
territory of Tripura into one or more districts, and may similarly divide any district into sub-divisions,
circles and tehsils, and may alter the limits of, or abolish, any district, sub-division, circle or tehsil.
(2) The districts, sub-divisions, circles and tehsils existing at the commencement of this Act shall
continue respectively to be the districts, sub-divisions, circles and tehsils under this Act unless otherwise
provided under sub-section (1).
4. Appointment of revenue officers.—The Government or such other officer as may be authorised
by the Government in this behalf may appoint the following classes of revenue officers, namely:—
(a) Collector,
(b) director of settlement and land records,
(c) sub-divisional officers,
(d) survey and settlement officers,
(e) assistant survey and settlement officers,
(f) circle officers,
(g) revenue inspectors,
(h) tehsildars,
(i) village accountants and such other village officers and servants as may be specified by rules
made under this Act.
5. Collector and certain other revenue officers.—(1) Each district shall be placed under the charge
of a Collector who shall be in charge of the revenue administration of the district and exercise the powers
and discharge the duties of the Collector under this Act or any other law for the time being in force and
shall exercise so far as is consistent therewith such other powers of superintendence and control within
the district and over the officers subordinate to him as may from time to time be prescribed.
(2) Each sub-division shall be placed under the charge of a sub-divisional officer.
(3) Each circle or tehsil shall be placed under the charge of a circle officer or a tehsildar, as the case
may be.
(4) The duties and powers of the sub-divisional officers, the circle officers and other revenue officers
shall be such as may be imposed or conferred on them by or under this Act or any other law in force for
the time being or any general or special order of the Administrator published in the Official Gazette.
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6. Settlement officers.—The officers specified in items (b), (d) and (e) of section 4 shall have power
to take cognizance of all matters connected with the survey of land and the settlement of the revenue-rates
and the preparation and maintenance of land records and other registers and shall exercise all such powers
and perform all such duties as may be prescribed by or under this Act or by any general or special order
of the Administrator published in the Official Gazette.
7. Subordination of revenue officers.—All revenue officers shall be subordinate to the
Administrator and all revenue officers in the district or a sub-division shall be sub ordinate to the
Collector or the sub-divisional officer, as the case may be.
8. Combination of offices.—It shall be lawful for the Administrator to appoint one and the same
person to any two or more of the offices provided for in this Chapter, to make any appointment by virtue
of office and also to confer on any officer of the Government all or any of the powers and duties of any of
the revenue officers including the Collector.
9. Notification of appointments.—All appointments made under this Chapter except appointments
of revenue inspectors, tehsildars and village accountants and other village officers and servants shall be
notified in the Official Gazette.
10. Seals.—The Administrator shall, from time to time, by notification in the Official Gazette,
specify the revenue officers who shall use a seal and also the size and description of the seal which each
such officer shall use.
CHAPTER III.—LAND AND LAND REVENUE
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 necessary 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.
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.—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.—(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.
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(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.—(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 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.—(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.—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.—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.—(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.—(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.
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(2) Permission to divert may be refused by the competent authority 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 exceeding 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 assessed to one purpose for any other
purpose, but using land for the purpose of agriculture where it is assessed with reference to any other
purpose shall not be deemed to be diversion.
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.—(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 revenue under sub-section (1), all of them
shall be jointly and severally liable for its payment.
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”.
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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
(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 survey.—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.—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.—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.—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.—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.—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.
32. Revenue-rates 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 revenue-rates.—(1) The settlement officer shall prepare a table of
revenue-rates in the prescribed form and publish it in the prescribed manner for the prescribed period.
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(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 revenue-rates.—(1) The Administrator may confirm the table of
revenue-rates submitted to him by the settlement officer with such modifications, if any, as he 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 of 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 revenue-rates.—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 revenue-rates.—(1) When the table of revenue-rates for any area has been finally
published, the rates specified therein shall remain in force for a period of thirty years.
(2) Notwithstanding anything contained in sub-section (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.—(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.—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 came into force and not effected by
or at the expense of the holder of the land.
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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.—(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
miscalculation:
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.—(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.—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.
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.—(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 mutations 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 be 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.
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(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 decided on the basis of possession by the
competent authority and orders disposing 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.
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.—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
expenses shall be recoverable in the same manner as an arrear of land revenue.
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.—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 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 fixed, 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.—(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
(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.—It shall be lawful for any survey officer
authorised in this behalf to specify, or cause to be constructed, laid out, maintained or repaired, boundary
marks of villages or survey numbers or sub-divisions and to assess all charges incurred thereby on the
holders or others having an interest therein.
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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.—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.—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.—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 AND 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.
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.—(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 competent
authority.
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 defaulter‟s movable property, including the produce of the land;
(c) by the attachment and sale of the defaulter‟s immovable property.
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.—(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.—(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, he 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.
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(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.—(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.—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.—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.—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.—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.—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.—(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 Government and the
property shall be re-sold.
(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.—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 Collector‟s 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.—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.—(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.
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(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 outsantanding
against the person who made the deposit.
76. Certificate of purchase.—When a sale held under this Chapter is confirmed, the Collector shall
put the person declared to be the purchaser in possession of the property and shall grant him a certificate
in the prescribed 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.—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.—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.—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.—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.
CHAPTER VIII.—PROCEDURE OF REVENUE OFFICERS: APPEALS AND REVISIONS
81. Revenue officers to be courts.—(1) A revenue officer, while exercising power under this Act or
any other law for the time being in force to inquire into or to decide any question arising for
determination between the Government and any person or between parties to any proceedings, shall be a
revenue court.
(2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue
court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the
process of the revenue court.
82. Place of hearing.—Except for reasons to be recorded in writing, no revenue officer shall inquire
into or hear any case at any place outside the local limits of his jurisdiction:
Provided that a sub-divisional officer may inquire into or hear any case at the headquarters of the
district to which he is appointed.
83. Power to enter upon and survey land.—All revenue officers and persons acting under their
orders may enter upon and survey any land and demarcate boundaries and do all other acts necessary for
the purpose of discharging their duties under this Act or any other law for the time being in force and in
so doing, shall cause no more damage than the circumstances of the case may require.
84. Power to transfer cases.—(1) The Administrator may transfer any case or class of cases arising
under this Act or any other law for the time being in force from any revenue officer to any other revenue
officer competent to deal with it.
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(2) The Collector or a sub-divisional officer may transfer any case or class of cases arising under this
Act or any other law for the time being in force for inquiry or decision from his own file or from the file
of any revenue officer subordinate to him to the file of any other revenue officer subordinate to him
competent to deal with such case or class of cases.
85. Power to take evidence, summon witnesses, etc.—(1) Every revenue officer not lower in rank
than a circle officer acting as a revenue court shall have power to take evidence and to summon any
person whose attendance he considers necessary, either as a party or as a witness or to produce any
document, for the purpose of any inquiry which such officer is legally empowered to make; and all
persons so summoned shall be bound to attend either in person or by an authorised agent as such officer
may direct, and to produce such documents as may be required.
(2) Every summons shall be in writing, signed and sealed by the officer issuing it and shall be in such
form and be served in such manner as may be prescribed.
86. Compelling attendance of witnesses.—If any person on whom a summons to attend as witness
or to produce any document has been served fails to comply with the summons, the officer by whom the
summons has been issued under section 85 may—
(a) issue a bailable warrant of arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding rupees twenty.
87. Hearing in absence of party.—(1) If, on the date fixed for hearing a case or proceeding, a
revenue officer finds that a summons or notice was not served on any party due to the failure of the
opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed
for default of payment of such process fees.
(2) If any party to a case or proceeding before a revenue officer does not appear on the date fixed for
hearing, the case may be heard and determined in his absence or may be dismissed for default.
(3) The party against whom any order is passed under sub-section (1) or (2) may apply, within thirty
days from the date of such order, to have it set aside on the ground that he was prevented by sufficient
cause from paying the requisite process fees or from appearing at the hearing; and the revenue officer
may, after notice to the opposite party and after making such inquiry as he considers necessary, set aside
the order passed.
88. Adjournment of hearing.—(1) A revenue officer may, from time to time, for reasons to be
recorded, adjourn the hearing of a case or proceeding before him.
(2) The date and place of an adjourned hearing shall be intimated at the time of the adjournment to
such of the parties and witnesses as are present.
89. Power to order payment of costs.—A revenue officer may direct the parties to pay the cost
incurred in any case before him and also apportion the cost among the parties in such manner and to such
extent as he may think fit.
90. Use of force.—Where any order is passed under this 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 such manner as may be prescribed and it shall be lawful for such authority, in
accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may
be reasonably necessary for securing compliance with the order.
91. Appearances before and applications to revenue officers.—All appearances before,
applications to, and acts to be done before, any revenue officer under this Act or any other law for the
time being in force may be made or done by the parties themselves or by their authorised agents or by any
legal practitioner:
Provided that any such appearance shall, if the revenue officer so directs, be made by the party in
person.
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92. Correction of error or omission.—Any revenue officer by whom an order was passed in a case
or proceeding may, either on his own motion or on the application of a party, correct any error or
omission not affecting a material part of the case or proceeding, after such notice to the parties as he may
consider necessary.
93. Appeals.—(1) Save as otherwise expressly provided, an appeal shall lie from every original order
passed under this Act,—
(a) if such an order is passed by an officer subordinate to the sub-divisional officer, to the
sub-divisional officer;
(b) if such an order is passed by the sub-divisional officer, to the Collector;
(c) if such an order is passed by the Collector, to the Administrator;
(d) if such an order is passed by an assistant survey and settlement officer, to the survey and
settlement officer or to a revenue officer notified by the Administrator in the Official Gazette to be
the appellate authority; and
(e) if such an order is passed by a survey and settlement officer, to the director of settlement and
land records or to a revenue officer notified by the Administrator in the Official Gazette to be the
appellate authority.
(2) A second appeal shall lie against any order passed In first appeal,—
(a) if such an order is passed under clause (a) of sub-section (1) to the Collector;
(b) if such an order is passed under clause (b) of sub-section (1), to the Administrator;
(c) if such an order is passed under clause (d) of sub-section (1), to the director of settlement and
land records or to a revenue officer notified by the Administrator in the Official Gazette to be the
second appellate authority; and
(d) If such an order is passed under clause (e) of sub-section (1), to the Administrator.
94. Limitation of appeals.—(1) No appeal shall lie,—
(a) in the case of a first appeal, after the expiry of thirty days from the date of the order appealed
against; and
(b) in the case of a second appeal, after the expiry of sixty days from the date of the order
appealed against.
(2) In computing the above periods, the time required to obtain copies of the order appealed against
shall be excluded.
95. Revision.—The Administrator or the Collector may, at any time, either on his own motion, or on
the application of any party, can for the records of any proceedings before any revenue officer
subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order
passed by such revenue officer, and may pass such order in reference thereto as he thinks fit:
Provided that he shall not vary or reverse any order affecting any right between private persons
without having given to the parties interested notice to appear and be heard.
96. Review of orders.—(1) A revenue officer may, either on his own motion or on the application of
any party interested, review any order passed by himself or by any of his predecessors-in-office and pass
such order in reference thereto as he thinks fit:
Provided that a revenue officer subordinate to the Collector shall, before reviewing any order under
this section, obtain the permission of the Collector and the Collector shall, before reviewing an order
passed by any of his predecessors-in-office obtain the permission of the Administrator.
(2) No order affecting any question of right between private persons shall be reviewed except on the
application of a party to the proceedings or except after notice to the other party and no application for the
review of such order shall be entertained unless it is made within ninety days from the date of the order.
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(3) No order shall be reviewed except on the following grounds, namely:—
(i) discovery of new and important matter of evidence;
(ii) some mistake or error apparent on the face of the record; or
(iii) any other sufficient reason.
(4) For the purposes of this section, the Collector shall be deemed to be the successor-in-office of any
revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to
whom there is no successor in the district.
(5) An order which has been dealt with in appeal or on revision shall not be reviewed by any officer
subordinate to the appellate or revisional authority.
97. Stay of execution of orders.—(1) A revenue officer who has passed any order or his
successor-in-office may, at any time before the expiry of the period prescribed for appeal, direct the stay
of execution of such order for such period as he thinks fit provided that no appeal has been filed.
(2) Any authority before whom a case is pending in appeal or revision may direct the stay of
execution of the order appealed from or under revision for such period as it may think fit.
(3) The revenue officer or other authority directing such stay of execution of any order may impose
such conditions, or order such security to be furnished, as he or it may think fit.
98. Power to make rules.—(1) The Administrator may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Part.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for—
(a) the manner of appointment of revenue officers, survey officers and settlement officers, and
other village officers and servants, their powers and duties, the official seals, if any, to be used by
them and the size and description of the seals;
(b) the Collector‟s powers of superintendence and control over other officers;
(c) the officers who should hear and decide disputes regarding rights in or over any property
claimed by or against the Government and the procedure to be followed by them;
(d) the disposal of Government lands by assignment or grant to individuals or to public purposes
and the terms and conditions subject to which such assignments or grants may be made;
(e) the preservation and disposal of trees, brush, wood, jungle and other natural products on
Government land and the recovery of the value of trees or other natural product unauthorisedly
appropriated by persons;
(f) the procedure for summary eviction of trespassers on Government land;
(g) the alteration and revision of the land revenue in cases of alluvion or diluvion or of diversion
of land for purposes other than agriculture;
(h) the grant of permission to use agricultural land for non- agricultural purposes;
(i) the determination of additional rates for use of water;
(j) the circumstances in which remission or suspension of revenue may be made and the rate of
such remission or suspension;
(k) the form of receipt for payment of land revenue;
(l) the conduct of surveys and settlements of land revenue;
(m) the manner of estimating the cost of cultivation and other expenses in relation to the inquiry
into profits of agriculture;
(n) the division of survey numbers into sub-divisions and the assessment of sub-divisions;
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(o) the statistical, fiscal and other records and registers to be prepared and maintained under this
Part;
(p) the manner in which the costs and expenses incidental to revenue survey or the construction,
repair and maintenance of boundary marks shall be determined and apportioned between persons who
are liable to bear the same;
(q) the fixing, construction, laying out, maintenance and repair of boundary marks, and the
settlement of disputes relating thereto;
(r) the division of areas into units for determining the revenue-rates and the preparation of the
table of revenue-rates;
(s) the preparation and the preliminary and final publication of the record of rights and the table
of revenue-rates;
(t) the hearing and disposal of objections to any entry or omission in the table of revenue-rates,
the record of rights, and the register of mutations;
(u) the manner and extent of alteration or revision of revenue-rates during the term of settlement;
(v) the correction of bona fide errors and mistakes in the revenue records, registers and maps
prepared under this Part;
(w) the manner in which the average yield of crops of land shall be ascertained;
(x) the manner of holding inquiries by revenue officers under this Part;
(y) the application of the provisions of the Code of Civil Procedure, 1908 (5 of 1908), to cases
and proceedings before a revenue court;
(z) the form of summons and other processes, notices, orders and proclamations to be issued or
made by revenue officers and the manner of their service;
(aa) the procedure for the attachment and sale of property and the confirmation and the setting
aside of sales of immovable property under Chapter VII;
(bb) the manner of publication of notices and proclamations of attachment and sale of property;
(cc) the manner in which the cost and expenses incidental to the attachment and sale of property
shall be determined;
(dd) the manner of payment of deposit and of the purchase money of property sold for arrears of
land revenue;
(ee) the circumstances in which precautionary measures for securing the land revenue under
section 79 may be taken;
(ff) the procedure for the transfer of cases from one revenue officer to another;
(gg) the manner of preferring appeals or applications for revision or review, the documents to
accompany the memorandum of appeal or such application and the fee, if any, leviable therefor;
(hh) the grant of certified copies and the payment of fees for inspection and grant of certified
copies of revenue records and registers;
(ii) the mode of execution of any orders directing any person to deliver possession of land or to
be evicted from land, including the use of force for securing compliance with such order;
(jj) any other matter which is to be or may be prescribed.