The Act being legislation of Central Government was enacted with the name and short title as ‘the Tripura Land Revenue and Land Reforms Act, 1960’ (Act no. 43 of 1960). The basic purpose and object of the Act is to provide for consolidation and amendment of land revenue related laws in the Union Territory of Tripura. The provisions are also to be made in relation to the acquisition of estates and for other measures of land reforms. The Act was enacted by Indian Parliament in the 11th year of republic of India and the same was assented by the honourable President of India on 21st day of September, 1960. The extension is provided over the Union Territory of the Tripura. The provisions of the Act are firstly divided into certain Parts, then into Chapters and then the sections.
The First and for most important Part having chapter making preliminary provisions contemplating the short title, extension, commencement as aforesaid. Besides, there are various definitions given under section 2 of the Act, which are helpful to determine the exact meaning of the provisions thereof.
The Act sought to make provisions as to divisions, officers of the revenue, and under section 3 make it clear that the Administrator can divide the Union territory of Tripura into districts and sub-districts, circles and tehsils and can also alter the limits thereof or even can abolish them. However, there should be previous concurrence of the Government for such acts by the Administrator. Further, section 4 makes provisions as to appointment of revenue officers by the Government, the list is provided under the same provision. Moreover, the detailed descriptions in relation to these officers have been specifically provided under subsequent provisions.
Further provisions of chapter III of the Act provides for land its revenue. The lands and other properties which are not the property of any persons are hereby declared to be the property of the Government. Similarly, it is also provided that all rights to mines, quarries, minerals, etc. should be vested with the Government which should have all necessary powers as to enjoyment of such rights. However, such vesting is subject to terms and conditions mentioned in the grants made by Government. Similarly, all rights as to trees, jungles, brush woods, etc. are also vested with the Government, unless the same are the property of any persons. Moreover, it is essentially to note that the Collector can allot such land belonging to the Government, for the purposes provided including the one for agricultural. And the Administrator is vested with the power to allot lands for industrial and public utility purposes. It is also made clear that if any persons are occupying any Government land without lawful authority, then he they will be summarily evicted by the Competent Authority, and as a trespasser, he will be liable to pay penalty. Every lands applied for whatever purposes should be liable to payment of land revenue to the Government and for assessment thereof, section 19 makes provisions. Provisions have also been made for diversion of land from one purpose to another except the purpose of agriculture. For the procedure, an application to the Competent authority to be made for his permission. Further, chapter IV of the Act makes provisions as to surveying and settling the land revenue.
Moreover, the provisions as to maintenance of records in relation to lands have been contemplated under chapter V of the Act. Several provisions like preparation of records of right, Publication thereof, and also provisions regarding making entries in such records, are specifically given. So far as the boundaries and boundary marks are concerned they are provided under next chapter. The Act also makes provisions relating to realization of land revenue, etc. Further regarding procedure of revenue officer, being legal, and appeals, etc. against their orders, the Act provides under subsequent chapter. The provisions regarding acquisition and vesting of Estates with the Government, payment of compensation in certain cases have also been contemplated under the Act. Procedure for ceiling of lands held in excess to the specified limits, have also been specified. Also prevention for fragmentation is also provided under the Act.
Lastly, the chapter XV of the Act makes miscellaneous provisions where recovery of amount either of costs or penalties, etc. which is due to Government should be recoverable in the same manner as the arrears of land revenue recovered. The Act provides for special provisions in relation to the cases of Scheduled Tribes, where it is given that any transaction of land from such member of Scheduled Tribes should not be valid, however, it can be valid if the same is done in favor of another such member and in case of transaction in favor of any other persons is also valid, but there should be a prior permission from the Collector. Similarly, transferring the land by way of mortgage to the Co-operative society, will also be valid. Certain enactments which are specified in the Schedule annexed to this Act, should be repealed in relation to specified matters and specified areas, without affecting the previous operation and any right, privilege, etc. accrued or incurred under those enactments.
Adv. Faim Khalilkhan Pathan