THE MANIPUR LAND REVENUE AND LAND REFORMS ACT, 1960                                                                                                                                        

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ARRANGEMENT OF SECTIONS                                                                                                            

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PART I 
CHAPTER I.—PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II.—REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT 

PART II 

3. Power to create, alter or abolish districts, sub-divisions, etc.  

4. Appointment of revenue officers. 

5. Deputy Commissioner and certain other revenue officers. 

6. Settlement officers. 

7. Subordination of revenue officers. 

8. Combination of offices. 

9. Notification of appointments. 

10. Seals. 

CHAPTER III.—LAND AND LAND REVENUE 

11. Title of Government to lands, etc. 

12. Right to trees, forests, etc.  

13. Assignment of land for special purposes. 

14. Allotment of land. 

15. Unauthorised occupation of land. 

16. Liability of land to land revenue. 

17. Alluvial lands. 

18. Land revenue in case of diluvion. 

19. Assessment of land to land revenue. 

20. Diversion of land. 

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

22. Responsibility for payment of land revenue. 

23. Receipt for land revenue. 

CHAPTER IV.—SURVEY AND SETTLEMENT OF LAND REVENUE 

24. Definitions of “revenue survey”, “settlement” and “term of settlement”. 

25. Inquiry into profits of agriculture. 

26. Revenue survey. 

27. Power to require assistance from landholders. 

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SECTIONS 

28. Survey numbers and villages. 

29. Division of survey numbers into sub-divisions.  

30. Determination of revenue-rates. 

31. Preparation of statistical and fiscal records. 

32. Revenue-rates how determined.  

33. Publication of table of revenue-rates. 

34. Confirmation of the table of revenue-rates. 

35. Rates of revenue to form part of settlement register. 

36. Introduction of revenue-rates. 

37. Duration of revenue-rates. 

38. Assessment on holdings. 

39. Additional assessment for water advantages. 

40. Continuance of survey operations and rates in force at commencement of Act. 

41. Power of deputy commissioner to correct errors, etc. 

CHAPTER V.—LAND RECORDS 

42. Preparation of record of rights. 

43. Publication of the record of rights. 

44. Jurisdiction of civil courts. 

45. Correction of bona fide mistake in register. 

46. Register of mutations. 

47. Penalty for neglect to furnish information. 

48. Assistance in preparation of maps. 

49. Certified copies. 

50. Maps and other records open to inspection. 

51. Power to transfer duty of maintaining maps and records to settlement officer. 

CHAPTER VI.—BOUNDRARIES AND BOUNDARY MARKS 

52. Determination of village boundaries. 

53. Effect to settlement of boundary. 

54. Construction and repair of boundary marks. 

55. Description of boundary marks. 

56. Responsibility for maintaining boundary marks. 

57. Deputy commissioner to have charge of boundary marks. 

58. Penalty for injuring boundary marks. 

CHAPTER VII.—REALISATION OF LAND REVENE AND OTHER PUBLIC DEMANDS 

59. Land revenue to be first charge. 

60. Payment of land revenue. 

61. Arrear of land revenue. 

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SECTIONS 

62. Recovery of arrears. 

63. Notice of demand. 

64. Distraint and sale of movable property. 

65. Sale of immovable property.  

66. Notice of sale. 

67. Sale to be by auction. 

68. Prohibition to bid at auction. 

69. Sale of perishables. 

70. Sale not to be excessive. 

71. Deposit by purchaser of immovable property. 

72. Failure to make deposit. 

73. Setting aside sale. 

74. Confirmation of sale. 

75. Refunds. 

76. Certificate of purchase. 

77. Application of proceeds of sale. 

78. Liability of certified purchaser. 

79. Precautionary measures in certain cases. 

80. Recovery of other public demands. 

CHAPTER VIII.—PROCEDURE OF REVENUE OFFICERS: APPEALS AND REVISIONS 

81. Revenue officers to be courts. 

82. Place of hearing. 

83. Power to enter upon and survey land. 

84. Power to transfer cases. 

85. Power to take evidence, summon witnesses, etc. 

86. Compelling attendance of witnesses.  

87. Hearing in absence of party. 

88. Adjournment of hearing. 

89. Power to order payment of costs. 

90. Use of force. 

91. Appearances before and applications to revenue officers. 

92. Correction of error or omission. 

93. Appeals. 

94. Limitation of appeals. 

95. Revision. 

96. Review of orders. 

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SECTIONS 

97. Stay of execution of orders. 

98. Power to make rules. 

PART III 

CHAPTER IX.—RIGHTS OF LANDOWNERS 

99. Accrual of rights of landowners. 

100. Rights of landowners. 

101. Reservation of land for personal cultivation. 

102. Procedure for reservation of land. 

103. “Permissible limit” defined. 

104. Land deemed to be reserved for personal cultivation in certain cases. 

105. Non-resumable land. 

106. Right to lease. 

107. Land left uncultivated. 

108. Relinquishment. 

CHAPTER X.—RIGHTS OF TENANTS 

109. Interest of tenants. 

110. Right to create a mortgage or charge. 

111. Right to make improvements. 

112. Maximum rent. 

113. Payment of rent. 

114. Reasonable rent. 

115. Commutation of rent payable in kind. 

116. Receipt for payment of rent. 

117. Refund of rent recovered in excess. 

118. Suspension or remission of rent. 

119. Eviction of tenant. 

120. Restoration of possession of land to tenant. 

121. Certain lands to be non-resumable land of tenant. 

122. Compensation for improvements.  

123. Tenant may remove buildings, works, etc., not deemed improvements. 

124. Restoration of possession of land in certain other cases.  

125. Relief against termination of tenancy for act of waste.  

126. Surrender of land by tenant. 

127. Transfer of ownership of land to tenant. 

128. Compensation to landowner. 

129. Payment of compensation to landowner. 

130. Tenant to pay compensation amount. 

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SECTIONS 

131. Issue of certificate to tenants. 

132. First option to purchase. 

133. Power to make rules. 

PART IV 

CHAPTER XI.—CEILING ON LAND HOLDINGS 

134. Exemption. 

135. Definitions. 

136. Ceiling on holdings. 

137. Submission of returns.  

138. Collection of information through other agency. 

139. Procedure for determination of excess land. 

140. Selection of excess land in cases of certain transfers.  

141. Excess land to vest in Government. 

142. Publication of the final list and consequences thereof. 

143. Compensation.  

144. Manner of payment of compensation. 

145. Limit of future acquisition of load. 

146. Excess land not to be surrendered in certain cases. 

147. Power of deputy commissioner to take possession of excess land. 

148. Offences and penalties. 

149. Finality of orders. 

150. Power to exempt, etc. 

CHAPTER XII.—PREVENTION OF FRAGMENTATION 

151. Definitions. 

152. Restrictions on transfer, etc. 

153. Partition of holding. 

154. Transfers in contravention of this Chapter.  

155. Penalty. 

156. Power to make rules.  

PART V 

CHAPTER XIII.—GENERAL AND MISCELLANEOUS 

157. Recovery of amounts due as an arrear of and revenue. 

158. Special provision regarding Scheduled Tribes. 

159. Jurisdiction of civil courts excluded. 

160. Act to over-ride contract and other laws. 

161. Court-fees. 

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SECTIONS 

162. Village officers to be public servants. 

163. Power to exempt. 

164. General provision as to penalties. 

165. Protection of action taken in good faith. 

166. Delegation of powers. 

167. Power to remove difficulties. 

168. General power to make rules. 

169. Laying of rules before Parliament. 

170. Repeal and savings. 

 THE SCHEDULE. 

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THE MANIPUR LAND REVENUE AND LAND REFORMS ACT, 1960 

ACT NO. 33 OF 1960 

An  Act  to  consolidate  and  amend  the  law  relating  to  land  revenue  in  the  Union  territory  of 

Manipur and to provide for certain measures of land reform. 

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:— 

[13th September 1960.] 

PART I 
CHAPTER I.—PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Manipur Land Revenue 

and Land Reforms Act, 1960. 

(2) It extends to the whole of the Union territory of Manipur except the hill areas thereof. 

(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 provisions of 
this Act. 

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

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

(b)  “agriculture”  includes  horticulture,  the  raising  of  annual  or  periodical  crops  or  garden 

produce, dairy farming, poultry farming, stock breeding and grazing and pisciculture; 

(c) “basic holding” means land used for agricultural purposes which is equal to 2.5 acres in area; 

(d) “commencement of this Act”, in relation to any provision, means the date specified in respect 

of that provision in a notification under sub-section (3) of section 1; 

(e)  “competent  authority”,  in  relation  to  any  provision,  means  any  officer  appointed  by  the 

Administrator to be the competent authority for the purposes of that provision; 

(f) “deputy commissioner” means the deputy commissioner 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 
deputy commissioner under this Act; 

(g) “family”, except in Chapter XI,  means, in relation to a person,  the wife or husband of such 
person, his children, grand-children, 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 purposes which is equal to 7.5 acres in area; 

(i) “Government” means the Central Government; 

(j)  “hill  areas”  means  such  areas  in  the  hill  tracts  of  the  Union  territory  of  Manipur  as  the 

Administrator may, by notification in the Official Gazette, declare to be hill areas; 

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

(l) “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; 

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(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 tenant, his family and servants or of a cattle 
shed, a storehouse 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 foregoing works or such alterations therein or 

additions thereto as are not of the nature of ordinary repairs; 

(m)  “land  owner”, in  relation  to any  land,  means  a  person  who  acquires  rights of  ownership in 
respect of such land under sub-section (1) of section 99 and includes the successors-in-interest of such 
person; 

(n)  “minor”  means  a  person  who  is  deemed  not  to  have  attained  majority  under  the  Indian 

Majority Act, 1875 (9 of 1875); 

(o) “Official Gazette” means the Manipur Gazette; 

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

and “delivery”; 

(q) “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 (iv) or (v); 

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

(v) a person incapable of cultivation by reason of physical or mental disability; 

(r)  “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 unless such person or member resides in the village in which the land is situated or in a nearby 
village, 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; 

(s) “prescribed” means prescribed by rules made under this Act; 

(t) “public purpose” includes a purpose connected with settlement of land with cultivators, tenants 

ejected as a result of resumption, landless agricultural workers or co-operative farming societies; 

(u) “rent” means whatever is lawfully payable, in cash or in kind or partly in cash 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; 

(v)  “tenant”  means  a  person  who  cultivates  or  holds  the  land  of  another  person  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 another person on payment 
of “lousal” or under the system generally known as ‘bhag’, ‘adhi’ or ‘barga’; 

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(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. 

PART II 
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 territories 
to  which  this  Act  extends  into  one  or  more  districts,  and  may  similarly  divide  any  district  into                 
sub-divisions and tehsils, and may alter the limits of, or abolish, any district, sub-division or tehsil. 

(2)  The  districts,  sub-divisions  and  tehsils  exiting  at  the  commencement  of  this  Act  shall  continue 
respectively to be the districts, sub-divisions and tehsils under this Act unless otherwise provided under     
sub-section (1). 

4. Appointment of revenue officers.—The Government or such officer as may be authorised by the 

Government in this behalf, may appoint the following classes of revenue officers, namely:— 

(a) deputy commissioner; 

(b) additional deputy commissioner; 

(c) director of settlement and land records; 

(d) sub-divisional officers; 

(e) extra-assistant commissioners; 

(f) survey and settlement officers; 

(g) assistant survey and settlement officers; 

(h) sub-deputy collectors; 

(i) revenue inspectors; 

(j) amins; 

(k) such other village officers and servants as may be appointed by rules made under this Act. 

5.  Deputy  Commissioner  and  certain  other  revenue  officers.—(1)  Each  district  shall  be  placed 
under the charge of a deputy commissioner who shall be in charge of the revenue administration of the 
district and exercise the powers and discharge the duties of the deputy commissioner 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) The additional deputy commissioner shall exercise all such powers and perform all such duties of 
the deputy commissioner or other revenue officer as the Administrator may specify by notification in the 
Official Gazette. 

(3) Each sub-division shall be placed under the charge of a sub-divisional officer. 

(4) The extra-assistant  commissioners shall exercise all such powers and perform all such duties of 
the deputy commissioner or other revenue officer as the Administrator may specify by notification in the 
Official Gazette. 

(5) Each tehsil shall be placed under the charge of a sub-deputy collector. 

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(6) The duties and powers of the sub-divisional officers, the sub-deputy collectors 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. 

6. Settlement officers.—The officers specified in terms (c), (f) and (g) of section 4 shall have power 
to take cognizance of all matters connected with the survey of land  and the settlement of revenue rates 
and the preparation and maintenance of land records and other registers and shall exercise all such powers 
and perform all such powers and perform all such duties as may be prescribed 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 subordinate to the deputy 
commissioner 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 deputy commissioner. 

9. Notification of appointments.—All appointments made under this Chapter except appointments 
of revenue inspectors 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 o beside the same, the beds of rivers, streams, nallahs, 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,  minerals  and  mineral  products  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 deputy commissioner whose order shall subject to the provisions of the 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  deputy  commissioner may  set  apart land  belonging  to  the  Government for pasturage for  the  village 
cattle, for forest reserves or for any other purpose. 

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14. Allotment of land.—(1) The deputy commissioner 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.—(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  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 to land revenue.—(1) The assessment of land revenue on any land shall be 

made or 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, and 

(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 rules made 
under this Act. 

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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 which 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. 

(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 had 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. 

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; and 

(b) the  tenant  or any  other  person in  possession  of the  land,  provided that  such tenant  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  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.—(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 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. 

12 

 
(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 supervison 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  survey  numbers  and  group  the 

survey numbers into villages; and 

(b) recognise the existing 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, the agricultural and economic conditions and trade facilities and communications; and 
shall  then  determine  the  revenue-rates  for  different  classes  of  lands  in  each  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. 

(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 the proposals. 

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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  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. 

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. 

14 

 
41. Power of deputy commissioner 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 deputy 
commissioner or such other revenue officer as may be specified by the Administrator for the purpose by 
notification in the Official Gazette. 

(2) The deputy commissioner 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 arrear 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  to  any  entry  therein  or  to  any  omission 
therefrom during the period of such publication. 

(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.—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 and in such manner as may be prescribed. 

(2) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift 
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  competent  authority  within  three  months  from  the  date  of  such  acquisition  and  such 
authority  shall  give  at  once  a  written  acknowledgement  in  the  prescribed  form  for  such  report  to  the 
person making it. 

(3) The competent authority shall enter the substance of every report made to it 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 it has reason to believe to have taken place and of which a report 
has not been 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 it has reason to believe to be interested therein. 

(4) Should any objection to any entry made under sub-section (3) in the register of mutations be made 
either  orally  or  in  writing  to  the  competent  authority,  the  particulars  shall  be  entered  in  the  register  of 
disputed  cases  and  the  competent  authority  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. 

15 

 
(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 furnish information.—The deputy commissioner 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 the 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 of 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 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,  duty  of  maintaining  the  maps  and  records  may,  under  the  orders  of  the 
Administrator, be transferred from the deputy commissioner to the settlement officer. 

CHAPTER VI.—BOUNDRARIES 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 deputy commissioner 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. 

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  rules  made  under  this  Act,  be  determined  by  the  deputy  commissioner  or 
other officer appointed for the purpose. 

56.  Responsibility  for  maintaining  boundary  marks.—Every  landholder  shall  be  responsible  for 
the  maintenance  and  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. 

16 

 
57. Deputy  commissioner 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 deputy commissioner, 
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 REVENE 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 installments, to 

such persons, and at such places, as may be prescribed. 

61. Arrear of land revenue.—(1) Any installment of land revenue or part thereof which is not paid 
on  the  due  date  shall  become  an  arrear  of  land  revenue  and  the  persons  responsible  for  the  payment 
become defaulters. 

(2) A statement of account certified by the sub-deputy collector 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 notice 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  authorised  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  deputy  commissioner  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. 

(2)  The  deputy  commissioner  may  also  cause  the  right,  title  and  interest  of  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 deputy commissioner 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 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. 

17 

 
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 
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 shall be finally concluded by the office 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 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 deputy commissioner may 
for sufficient cause allow, apply in the prescribed manner to the deputy commissioner 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 deputy commissioner’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 five per 
cent. of the purchase money. 

74. Confirmation of sale.—If, on the expiration of 30 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  deputy  commissioner 
shall make an order confirming the sale unless, for reasons to be recorded, the deputy commissioner sets 
aside the sale notwithstanding that no application therefor has been made. 

75.  Refunds.—(1)  The  deputy  commissioner  shall  order  the  refund  and  payment  to  the        

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  deputy  commissioner  shall  order  the  refund  and  payment  of  all  monies  deposited  under          

clause (b) of section 73 to the person who made the deposit, if the sale is confirmed: 

Provided that the deputy commissioner may set off the whole or any part of any such monies against 
any arrear of land revenue or any other amount recoverable as an arrear of land revenue, which may be 
outstanding against the person who made the deposit. 

18 

 
 
 
76.  Certificate  of  purchase.—When  a  sale  held  under  this  Chapter  is  confirmed,  the  deputy 
commissioner  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 deputy commissioner 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 monies 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 monies falling due to the Government under any grant, lease or contract which provides 

that they shall be recoverable as an arrear 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. 

(2)  The  deputy  commissioner  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. 

19 

 
 
 
85.  Power  to  take  evidence,  summon  witness,  etc.—(1)  Every  revenue  officer  not  lower  in  rank 
than a sub-deputy collector 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  or  proceeding  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 for force.—Where any order is passed under the provisions of 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. 

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. 

20 

 
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 deputy commissioner; 

(c) if such an order is passed by the deputy commissioner, 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 deputy commissioner; 

(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 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  deputy commissioner may, at any time,  either on his own 
motion  or  on  the  application  of  any  party,  call  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.—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 deputy commissioner shall, before reviewing any 
order under this section, obtain the permission of the deputy commissioner and the deputy commissioner 
shall, before reviewing an order passed by any of his predecessors-in-officer, 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 
review of such order shall be entertained unless it is made within ninety days from the date of the order. 

(3) No order shall be reviewed except on the following grounds, namely:— 

(i) discovery of new and important matter of evidence; or 

21 

 
(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  deputy  commissioner  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 condition, 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 deputy commissioner’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; 

(o) the statistical, fiscal and other records and registers to be prepared and maintained under this 

Part; 

22 

 
(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 appointed 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 purchases 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, liable 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 that is to be or may be prescribed. 

PART III 
CHAPTER IX.—RIGHTS OF LANDOWNERS 

99.  Accrual  of  rights  of  landowners.—(1)  Every  person  who,  at  the  commencement  of  this  Act, 
holds  any  land  from  the  Government  for  agricultural  purposes,  whether  as  a  settlement-holder  or  as  a 
pattadar  and  his  successors-in-interest  shall,  subject  to  the  provisions  of  sub-section  (2),  become  the 
owner thereof as and from such commencement. 

(2) No rights shall accrue under sub-section (1) in respect of lands which— 

(i) are a part of the bed of a river, a nallah, a stream or a public tank, or 

23 

 
(ii) have been acquired by the Government for any purpose according to the provisions of any law 

in force for the time being relating to acquisition of land, or 

(iii) have been used at any time during the five years immediately preceding the commencement 

of this Act for any public, community or village purpose, or 

(iv)  are  declared  by  the  Administrator  by  notification  in  the  Official  Gazette  as  reserved  or 

required for any public, community or village purpose. 

(3)  Objections  to  the  accrual  of  rights  under  sub-section  (1)  may  be  filed  before  the  competent 
authority  within  such time  and  in  such  form  and  manner  as  may  be  prescribed  by  any  person  who  has 
interest or claims to have an  interest in the land either in his individual capacity or as a member of the 
village or community. 

(4) Should any objection be made under sub-section (3), the competent authority shall inquire into the 

objection in such manner as may be prescribed and decide the same. 

(5) Subject to the provisions of this Act, the decision of the competent authority shall be final. 

(6)  Every  person  who,  at  the  commencement  of  this  Act,  holds  land  from  the  Government  for  a 
purpose other than agriculture shall, subject to sub-section (2), be entitled to the settlement of that land on 
such terms and conditions as may be prescribed. 

(7)  Nothing  in  this  section  shall  entitle  any  person  to  the  sub-soil  rights  in  respect  of  the  land,  of 
which  he  has  become  the  landowner  under  sub-section  (1),  of  which  has  been  settled  with  him  under     
sub-section (6). 

100. Rights of landowners.—(1) Every person who has become a landowner under sub-section (1) 

of section 99 shall— 

(a) have permanent, heritable and transferable rights in the land; 

(b)  be  entitled  by  himself,  his  servants,  tenants,  agents  or  other  representatives  to  erect  farm 
buildings, construct wells or tanks or make any other improvements thereon for the better cultivation 
of the land or its convenient use; 

(c) be entitled to plant trees on the land, to enjoy the products thereof and to fell, utilise or dispose 

of the timber of any trees on the land. 

(2)  Nothing  in  sub-section  (1)  shall  entitle  a  landowner  to  use  his  land  to  the  detriment  of  any 
adjoining land which is not his or in contravention of the provisions of any other law for the time being in 
force applicable to such land. 

101.  Reservation  of  land  for  personal  cultivation.—(1)  Every  landowner  who,  at  the 
commencement  of  this  Act,  owns  land  in  excess  of  a  basic  holding  shall  be  entitled  to  apply  to  the 
competent  authority  for  the  reservation  for  his  personal  cultivation  of  any  parcel  or  parcels  of  his  land 
leased to tenants. 

(2) Every application under sub-section (1) shall be in the prescribed form and shall be made in the 

prescribed manner within a period of one year from such commencement. 

Explanation.—In the case of a person under disability, the application shall be made by his guardian 

or his authorised agent, as the case may be. 

102. Procedure for reservation of land.—(1) On receipt of an application made under section 101, 
the competent authority shall issue notice together with a copy of the application to each of the tenants 
holding land from the applicant requiring the tenant to submit his objections, if any, within a period of 
ninety  days  from  the  date  of  service  of  such  notice  or  within  such  further  period  as  the  competent 
authority may allow. 

(2) A tenant on whom a notice has been served under sub-section (1) shall furnish to the competent 
authority  within  the  period  specified  details  of  lands  owned  by  him  or  held  as  tenant  of  any  other 
landowner and of lands which he selects for retention by him. 

24 

 
(3) The competent authority shall, after considering the objections and the details, if any, furnished by 
the tenants and after making such inquiry as it may consider necessary, determine the land or lands not 
exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case 
may be reserved for personal cultivation of the landowner and the lands which each of his tenants may be 
allowed to retain. 

103.  ―Permissible  limit‖  defined.—(1)  In  section  102,  “permissible  limit”  means  an  area  of  land 

which a landowner may resume from tenants for personal cultivation, that is to say,— 

(a) in the case of a person under disability, 25 acres; 

(b) in the case of any other person who— 

(i) owns a basic holding or less, the entire area owned by him; 

(ii) owns more than a basic holding but not exceeding a family holding, one-half of the area 
leased to tenants or the area by which the land under his personal cultivation falls short of a basic 
holding, whichever is greater; 

(iii) owns more than a family holding— 

(1) if he has no land, or any land which is less than a family holding under his personal 
cultivation, one-half of the area leased to the tenant but not exceeding the area by which land 
under his personal cultivation falls short of a family holding, provided that the tenant is left 
with not less than a basic holding and provided further that a landowner shall in any case be 
entitled to resume an area by which land under his personal cultivation falls short of a basic 
holding; and 

(2) if he has family holding or more under his personal cultivation, the area leased to any 
tenant in excess of a family holding but not exceeding the area by which land in his personal 
cultivation falls short of 25 acres. 

Explanation.—For  the  purpose  of  determining  the  permissible  limit  of  a  landowner  under  this         

sub-section, any no-resumable land which he may hold as a tenant shall also be taken into account. 

(2)  Any  transfer  of  land  made  on  or  after  the  6th  day  of  March,  1956,  shall  be  disregarded  in 

computing the permissible limit. 

104.  Land  deemed  to  be  reserved  for  personal  cultivation  in  certain  cases.—In  the  case  of  a 
person who, at the commencement of this Act, does not own land in excess of a basic holding, all lands 
owned by him and held by tenants shall be deemed to have been reserved for his personal cultivation. 

Explanation.—Any transfer of land made on or after the 6th day of March, 1956, shall be disregarded 

in determining the extent of land owned by a person at the commencement of this Act. 

105.  Non-resumable  land.—The  competent  authority  shall  declare  every  land  which,  under           

sub-section (3) of section 102, a tenant is allowed to retain to be the non-resumable land of the tenant. 

106. Right to lease.—(1) Subject to the provisions of this Act, a landowner may lease out his land to 
another person on such rent not exceeding the maximum rent referred to in section 112 as may be agreed 
upon between him and such person.  

(2) Every lease of land made after the commencement of this Act shall be for a period of five years 
and at the end of the said period, and thereafter at the end of each period of five years, the tenancy shall, 
subject to the provisions of sub-section (3) be deemed to be renewed for a further period of five years on 
the same terms and conditions, except to the extent that a modification thereof consistent with this Act is 
agreed to by both parties. 

(3) In respect of any lease made after the commencement of this Act, a landowner who is a member 
of the Armed Forces of the Union, on his discharge from service or posting to the reserve, may by giving 
the tenant three months’ notice in writing before the expiry of any year, and any other landowner may by 
giving the tenant one year’s notice in writing before the expiry of any term of five years, terminate the 
tenancy if the landowner requires the land bona fide for personal cultivation by him. 

25 

 
107.  Land  left  uncultivated.—(1)  Where  the  deputy  commissioner  is  satisfied  that  any  land  has 
remained uncultivated for a period not less than two consecutive years otherwise than in accordance with 
rules made in this behalf under this Act, and that it is necessary for the purpose of ensuring the full and 
efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed 
lease out the land in accordance with the rules made under this Act. 

(2) Any lease made under sub-section (1) shall be deemed to be lease made by the landowner under 

sub-section (1) of section 106. 

108. Relinquishment.—(1) Subject to any rules that may be made under this Act, a landowner may 
relinquish his rights in respect of any land in his possession in favour of Government by giving a notice in 
writing  to  the  competent  authority  in  such  form  and  manner  as  may  be  prescribed,  not  less  than  three 
months before the close of any year and thereupon, he shall cease to be a landowner in respect of that land 
from the year next following the date of notice: 

Provided that relinquishment of only a part of a holding  or of a holding which, or part of  which, is 

subject to an encumbrance or a charge, shall not be valid. 

(2) If any person relinquishes his rights to a land under sub-section (1), the way to which lies through 
other land retained by him, any future holder of the land relinquished shall be entitled to a right of way 
through the land retained. 

CHAPTER X.—RIGHTS OF TENANTS 

109.  Interest  of  tenants.—(1)  The  interest  of  a  tenant  in  any  land  held  by  him  as  such  shall  be 

heritable but, save as otherwise provided in this Act, shall not be transferable. 

(2) No tenant shall be evicted from his land except as provided in this Act. 

110.  Right  to  create  a  mortgage  or  charge.—It  shall  be  lawful  for  a  tenant  to  create  a  simple 
mortgage or create a charge on his interest in the land leased to him in favour of the Government or a     
co-operative society in consideration of any loan advanced to him by the Government or such society; and 
in the event of his making default in the repayment of such loan in accordance with its terms, it shall be 
lawful  for  the  Government  or  the  society,  as  the  case  may  be,  to  cause  his  interest  in  the  land  to  be 
attached and sold and the proceeds applied in payment of such loan. 

111. Right to make improvements.—A tenant may, with the permission in writing of the landowner, 
or if permission is refused without sufficient reason or not given within two months, after obtaining the 
order of the competent authority in the prescribed manner, make at his own expense any improvement to 
the land held by him, but shall not become liable to pay a higher rate of rent on account of any increase of 
production or of any change in the nature of the crop raised, as a consequence of such improvement. 

112.  Maximum  rent.—The  rent  payable  by  a  tenant  in  respect  of  any  land  held  by  him  shall  not 

exceed,— 

(a) where the rent is payable in kind as a share of the produce, one-fourth of the produce of such 
land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is 
supplied by the landowner and one-fifth of such produce or its value as so estimated the plough cattle 
is not supplied by the landowner; 

(b) in any other case, four times the land revenue payable in respect of the land. 

113.  Payment  of  rent.—(1)  The  rent  payable  by  a  tenant  shall,  subject  to  the  provisions  of        

section 112, be the rent agreed upon between him and the landowner or where there is no such agreement, 
the reasonable rent. 

(2) The rent shall be paid at such times and in such manner as may have been agreed upon or in the 

absence of such agreement, as may be prescribed. 

114. Reasonable rent.—(1) The competent authority may, on application made to it in this behalf by 

the landowner or the tenant, determine the reasonable rent for any land. 

26 

 
(2) The form of application under sub-section (1) and the procedure to be followed by the competent 

authority shall be such as may be prescribed. 

(3) In determining the reasonable rent, the competent authority shall have regard to— 

(a) the rental value of lands used for similar purposes in the locality; 

(b) the profits of agriculture of similar lands in the locality; 

(c) the price of crops and commodities in the locality; 

(d) the improvements, if any, made to the land by the landowner or the tenant; 

(e) the land revenue payable in respect of the land; and 

(f) any other factor which may be prescribed. 

(4)  Where  the  reasonable  rent  for  any  land  has  been  determined  under  this  section,  it  shall  not  be 

altered for a period of five years except on any of the following grounds, namely:— 

(a) that the quality of the land has deteriorated by flood or other natural causes; 

(b) that there has been an increase in the produce of the land on account of improvements made to 

it at the expense of the landowner; 

(c) that the land has been partially or wholly rendered unfit for cultivation. 

(5)  Nothing  in  sub-sections  (1)  to  (4)  shall  affect  the  right  of  the  Government  to  make  an  order 

directing the determination of the reasonable rent of lands in any specified area. 

115. Commutation of rent payable in kind.—(1) In any case in which rent is payable in kind, the 
landowner  or  the  tenant  may  apply  in  writing  to  the  competent  authority  in  the  prescribed  form  and 
manner, for commuting the rent into money rent. 

(2) On receipt of such application, the competent authority shall, after giving notice to the other party, 
determine  the  money  rent  payable  for  the  land  in  accordance  with  the  following  provisions  but  not 
exceeding the maximum rent specified in section 112. 

(3) In determining the money rent, regard shall be had to— 

(a)  the  average  money  rent  payable  by  tenants  for  land  of  similar  description  and  with  similar 

advantages in the vicinity; 

(b)  the  average  value  of  the  rent  actually  received  by  the  landowner  during  the  three  years 

preceding the date of application; 

(c) the average prices of crops and commodities in the locality during the three years preceding 

the date of application; 

(d) the improvements, if any, made to the land by the landowner or the tenant; and 

(e) any other factor which may be prescribed. 

116. Receipt for payment of rent.—Every landowner shall give or cause to be given a receipt for the 
rent  received  by  him  or  on  his  behalf  in  such  form  as  may  be  prescribed  duly  signed  by  him  or  his 
authorised agent. 

117. Refund of rent recovered in excess.—If any landowner recovers from a tenant rent in excess of 
the amount due under this Act, he shall forthwith refund the excess amount so recovered and shall also be 
liable to punishment as provided in this Act. 

118. Suspension or remission of rent.—(1) Where a landowner has obtained from or been granted 
by the Government any relief by way of suspension or remission, whether in whole or in part, of the land 
revenue payable in respect of his land, he shall be bound to give and the tenant concerned shall be entitled 
to receive from the landowner a corresponding or proportionate relief by way of suspension or remission 
of rent payable in respect of such land. 

27 

 
(2) The nature and extent of the relief which a landowner is bound to give and which the tenant is 
entitled to receive under sub-section (1) shall be determined in accordance with the rules made under this 
Act. 

(3) No suit shall lie and no decree of a civil court shall be executed for the recovery by a landowner of 
any rent the payment of which has been remitted, or during the period for which the payment of such rent 
has been suspended, under this section. 

(4) The period during which the payment of rent is suspended under this section shall be excluded in 

computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent. 

(5) If any landowner fails to suspended or remit the payment of rent as provided in sub-section (1), he 
shall be liable to refund to the tenant the amount recovered by him in contravention of the provisions of 
this section and shall also be liable to punishment as provided in this Act. 

119.  Eviction of tenant.—(1)  No  person  shall evicted from  any  land  held  by  him  as tenant except 

under the order of the competent authority made on any of the following grounds, namely:— 

(a) that the land has been reserved for personal cultivation of the landowner under section 102, or 

is deemed to have been reserved for personal cultivation of the landowner under section 104; 

(b) that a notice has been given to the tenant under sub-section (3) of section 106; 

(c) that the tenant has intentionally and wilfully committed such acts of waste as are calculated to 

impair materially or permanently the value or utility of the land for agricultural purposes; 

(d) that the tenant has failed to pay rent within a period of three months after it falls due: 

Provided that  the  competent  authority  may,  if  it thinks  fit,  grant  further time  not  exceeding  six 

months for payment of the rent; 

(e) that the tenant, not being a person under disability, has after the commencement of this Act, 

sub-let the land without the consent in writing of the landowner. 

(2) No order for eviction of a tenant shall be executed till the standing crops, if any, on the land are 

harvested. 

(3) Where any order for eviction has been made against a tenant on the ground specified in clause (a) 
of sub-section (1), then, notwithstanding such order, the tenant shall, until he is provided with alternative 
land in accordance with the rules made in this behalf, be entitled to retain possession of— 

(i) the entire land held by him as a tenant, in any case where the area of tenancy together with any 

other land held by him does not exceed 1.25 acres in area; and  

(ii) so much of the land held by him as a tenant as together with any other land held by him does 
not  exceed the limit of 1.25 acres in area, in any case where the area of the tenancy together with the 
other land held by him exceeds the said limit: 

Provided that nothing in this sub-section shall apply to a tenanat who holds land under any person 

who is a member of the Armed Forces of the Union. 

(4) Where any land has been reserved for the personal cultivation of a landowner by an order made 
under sub-section (3) of section 102, no suit or application for the eviction of the tenant in respect of such 
land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of 
this Act or one year from the date of the said order, whichever is later: 

Provided that where any such landowner is a person under disability, such suit or application may be 

instituted or made within a period of five years from the date when the disability ceases. 

Explanation.—For the purposes of this sub-section, the disability of a person shall cease— 

(a)  in  the  case  of  a  widow,  if  she  remarries,  on  the  date  of  her  remarriage  or  if  any  person 

succeeds to the widow on her death, on the date of  her death; 

(b) in the case of a minor, on the date of his attaining majority; 

28 

 
(c) in the case of a woman who is unmarried or who is divorced or judicially separated from her 
husband, on the date of her marriage or  remarriage, as the case may be, or in the case of a woman 
whose husband is a person falling under clause (d) or (e), on the date on which the disability of the 
husband ceases; 

(d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his 

discharge from service or of his posting to the reserve; 

(e) in the case of a person suffering from a physical or mental disability, on the date on which the 

disability ceases to exist. 

120. Restoration of possession of land to tenant.—Where a person who has taken possession of any 
land by evicting tenant therefrom on the ground that the land had been reserved for personal cultivation 
by him fails to cultivate such land personally within one year from the date on which he took possession 
thereof  or  ceases  to  cultivate  such  land  personally  in  any  year  during  a  period  of  four  years  next 
following, the tenant shall be entitled to be restored to possession of the land from which he was evicted. 

Explanation.—For  the  purpose  of  this  section,  land  shall  not  be  deemed  to  be  under  the  personal 
cultivation of a person (not being a person under disability) unless such person or a member of his family 
engages himself in the principal agricultural operations. 

121. Certain lands to be non-resumable land of tenant.—If a landowner fails to— 

(a) apply for reservation of any land within the period prescribed in section 101, and the land is 

not deemed to have been reserved under section 104, or  

(b)  file  a  suit  or  application  for  the  eviction  of  the  tenant  from  any  land  reserved  under           

section 102 within the period prescribed in sub-section (4) of section 119, or 

(c)  cultivate  or  ceases  to  cultivate  the  land  and  the  tenant  is  restored  to  possession  of  the  land 

under section 120, 

the  competent  authority  may  suo  motu  and  shall,  on  application,  after  making  such  inquiry  as  may  be 
prescribed, declare the land to be the non-resumable land of the tenant. 

122. Compensation for improvements.—(1) A tenant who has made any improvement at his own 
expense  on  the land  leased  to  him  shall,  if  he  is  to  be  evicted  under  the  provisions  of  this  Chapter,  be 
entitled to  receive  compensation  before  he is so  evicted  for such improvement  as  in the opinion of the 
competent authority, is reasonable. 

(2)  The  compensation  payable  to  a  tenant  under  sub-section  (1)  shall  be  determined  in  accordance 
with  the  value  of  such  improvements  on  the  date  of  eviction,  and  in  determining  such  compensation, 
regard shall be had to the following matters, namely:— 

(a) the amount by which the value of the land has increased by reason of the improvement; 

(b) the condition of the improvement at the date of the determination of the value thereof and the 

probable duration of its effect; 

(c) the labour and capital involved in the making of the improvement; and 

(d) the advantages secured by the tenant in consideration of the improvement made by him. 

(3)  In  any  case  in  which  compensation  is  payable  to  a  tenant  under  this  section,  the  competent 

authority may direct that— 

(a) the whole or any part of any loan which the tenant has taken on the security of his interest in 
the land under section 110 and which is outstanding shall be deducted from such compensation and 
paid to the Government or the co-operative society, as the case may be; 

(b)  any  arrear  of  rent  due  by  the  tenant  to  the  landowner  and  the  costs,  if  any,  awarded  to  the 

landowner shall be adjusted against the compensation. 

29 

 
123.  Tenant  may  remove  buildings,  works,  etc.,  not  deemed  improvements.—A  tenant  against 
whom  an  order  of  eviction  has been  passed,  shall  be entitled to remove  within  such  time  as is deemed 
reasonable by the competent authority any work of improvement which can be severed from the land and 
which  the  tenant  desires  to  remove,  or  any  building  or  construction  or  work  (which  is  not  an 
improvement) in respect of which the landowner is not willing to pay the compensation. 

124. Restoration of possession of land in certain other cases.—(1) Where a tenant of any land has, 
on or after the 6th day of March, 1956, surrendered, or been evicted from, such land, and the surrender or 
eviction could not have taken place if this Act had been in force on the date of such surrender or eviction, 
the competent authority may, suo motu or on application made by the tenant, restore him to possession of 
the land which he surrendered or from which he was evicted unless some other tenant not being a member 
of the landowner’s family, had bona fide been admitted to possession of such land. 

(2) The competent authority shall, before making an order under sub-section (1), make such inquiry 

as may be prescribed. 

125.  Relief  against  termination  of  tenancy  for  act  of  waste.—Where  a  tenancy  is  sought  to  be 
terminated  on  the  ground  that  the  tenant  has  materially  impaired  the  value  or  utility  of  the  land  for 
agricultural  purposes,  if  the  damage  to  the  land  admits  of  being  repaired  or  if  pecuniary  compensation 
would afford adequate relief, no proceeding for eviction shall lie against the tenant unless and until the 
landowner  has  served  on  the  tenant  a  notice  in  writing  specifying  the  damage  complained  of  and  the 
tenant has failed within a period of one year from the service of such notice to repair the damage or to pay 
compensation therefor. 

126.  Surrender  of  land  by  tenant.—(1)  After  the  commencement  of  this  Act,  no  tenant  shall 
surrender any land held by him as such, and no landowner shall enter upon the land surrendered by the 
tenant, without the previous permission in writing of the competent authority. 

(2)  Such  permission  shall  be  granted  if,  after  making  such  inquiry  as  may  be  prescribed,  the 
competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a 
person  who  was  holding  the  land  as  tenant  immediately  before  the  commencement  of  this  Act,  the 
permissible  limit  of  the  landowner  concerned  is  not  exceeded  by  such  surrender;  in  other  cases,  the 
permission shall be refused. 

(3)  Where  permission  is  refused  in  any  case,  and  the  tenant  gives  a  declaration  in  writing 
relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in 
this  behalf,  lease  out  the  land  to  any  other  person  who  shall  acquire  all  the  rights  of  the  tenant  who 
relinquished his rights. 

127. Transfer of ownership of land to tenant.—(1) Subject to the other provisions of this Act, the 
ownership of any land which is declared to be the non-resumable land of a tenant under section 105, or 
section 121 shall stand transferred from the landowner thereof to the tenant with effect from  the date of 
such declaration, and the tenant shall become the owner of such land and be liable to pay land revenue 
therefor: 

Provided  that  where,  on  an  application  made  in  this  behalf  by  any  person  at  any  time  before  the 
declaration is made under section 105 or under section 121, the competent authority is satisfied that such 
person  holds  land  not  exceeding  a  family  holding,  whether  as  a  landowner  or  otherwise,  and  that  his 
income is derived mainly from such land, the competent authority may, by order, provide that the transfer 
of ownership of the land shall take effect on the expiry of a period of five years from the date of such 
declaration. 

128.  Compensation  to  landowner.—(1)  In  respect  of  every  land  the  ownership  of  which  stands 
transferred to the tenant under section 127, the landowner shall be entitled to compensation which shall 
consist of the aggregate of the following amounts, this is to say,— 

(a) an amount equal to thirty times the full land revenue payable for the land or, if the land is held 
revenue-free  or  at  a  concessional  rate,  thirty  times  the  amount  of  land  revenue  payable  for  similar 
lands in the locality; 

(b) the value of trees, if any, planned by the landowner. 

30 

 
Explanation.—Where any improvement has been made on the land at the expense of the landowner at 
any time subsequent to the  last settlement, the land revenue for the purpose of this section shall be the 
land revenue payable for similar lands in the locality. 

(2)  The  land  revenue  payable  for  similar  lands  in  the  locality  and  the  value  of  trees  referred  to  in    

sub-section (1) shall be determined in the prescribed manner. 

(3) Every landowner entitled to compensation under this section shall, within a period of six months 
from  the  date  of  the  declaration  referred  to  in  section  127,  apply  to  the  competent  authority  in  the 
prescribed manner for determining the compensation. 

129.  Payment  of  compensation  to  landowner.—(1)  The  compensation  to  which  a  landowner  is 
entitled under section 128 shall be paid to him by the Government in the first instance, and it may be paid 
in cash, in lump sum or in annual instalments not exceeding ten or in the form of bonds which may be 
negotiable or non-negotiable but transferable. 

(2)  From  the  date  of  the  declaration  referred  to  in  section  127,  the  landowner  shall  be  entitled  to 
interest  at  the  rate  of  2½  per  cent.  per  annum  on  the  compensation  or  such  portion  thereof  as  remains 
unpaid. 

(3) Any mortgage of, or encumbrance on, the land of which the ownership is transferred to the tenant 

under section 127 shall be a valid charge on the amount of compensation payable to the landowner. 

(4)  Notwithstanding  anything  contained  in  sub-sections  (1)  to  (3),  where  the  person  entitled  to 
compensation under section 128 is a charitable or religious institution, the compensation shall, instead of 
being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the 
land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution 
in the prescribed manner. 

130. Tenant to pay compensation amount.—(1) Every tenant to whom ownership of any land has 
been  transferred  under  section  127  shall  be  liable  to  pay  to  the  Government  in  respect  of  that  land 
compensation as determined under section 128. 

(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments 
not exceeding twenty as may be prescribed. Interest at the rate of 2½ per cent. annum shall be payable on 
the compensation or such portion thereof as remains unpaid. 

(3) The compensation payable under this section shall be a charge on the land. 

(4) The compensation or any instalment thereof shall be recoverable in the same manner as an arrear 

of land revenue. 

131.  Issue  of  certificate  to  tenants.—When  the  compensation  or  the  first  instalment  of  the 
compensation, as the case may be, has been paid by the tenant, the competent authority may suo motu and 
shall,  on  application  made  to  it  in  this  behalf,  issue  to  the  tenant  a  certificate  in  the  prescribed  form 
declaring him to be the owner of the land specified therein. 

132.  First  option  to  purchase.—(1)  If  a  landowner  at  any  time  intends  to  sell  his  land  held  by  a 
tenant, he shall give notice in writing of his intention to such tenant and offer to sell the land to him. In 
case the letter intends to purchase the land, he shall intimate in writing his readiness to do so within two 
months from the date of receipt of such notice. 

(2) If there is any dispute about the reasonable price payable for the land, either the landowner or the 
tenant  may  apply  in  writing  to  the  competent  authority  for  determining  the  reasonable  price;  and  the 
competent authority, after giving notice to the other party and to all other persons interested in the land 
and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the 
average of the prices obtaining for similar lands in the locality during the ten years immediately preceding 
the date on which the application is made. 

(3) The tenant shall deposit with the competent authority the amount of the price determined under 

sub-section (2) within such period as may be prescribed. 

31 

 
(4)  On  deposit  of  the  entire  amount  of  the  reasonable  price,  the  prescribed  authority  shall  issue  a 
certificate  in  the  prescribed  form  to  the  tenant  declaring  him  to  be  the  purchaser  of  the  land;  the 
competent authority shall also direct that the reasonable price deposited shall be paid to the landowner. 

(5) If the tenant does not exercise the right of purchase in response to the notice given to him by the 
landowner under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), 
such tenant shall forfeit his right of purchase, and the landowner shall be entitled to sell such land to any 
other person. 

(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights 

of tenant in such land. 

133.  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 form of notices to be issued under this Part and the manner of their service; 

(b) the manner of holding inquiries under this Part; 

(c) the circumstances in which and the period for which land used for agricultural purposes may 

be left uncultivated; 

(d)  the  conditions  subject  to  which  lands  may  be  leased  by  the  deputy  commissioner  under       

section 107; 

(e) the form of applications to be made under this Part, the authorities to whom they may be made 

and the procedure to be followed by such authorities in disposing of the applications; 

(f) the determination of the value of the produce of land, the profits of agriculture, and the rental 

values of land, for the purposes of this Part; 

(g) the time and manner of payment of rent by the tenant; 

(h) the form of receipt for rent to be given by the landowner; 

(i) the factors to be taken into account in determining reasonable rent for land and in commuting 

rent in kind into money rent; 

(j)  the  nature  and  the  extent  of  relief  to  the  tenant  in  cases  of  suspension  or  remission  of  land 

revenue by the Government; 

(k) the determination of compensation for improvements to tenants who are evicted from land; 

(l) the grant of permission to surrender land; 

(m) the determination of the amount of compensation payable to the landowner in respect of the 

non-resumable lands of tenants; 

(n) the form of certificates to be granted to tenants; 

(o) the determination of the price to be paid by tenant for land in respect of which the first option 

to purchase is exercised; 

(p) any other matter which is to be or may be prescribed. 

PART IV 
CHAPTER XI.—CEILING ON LAND HOLDINGS 

134. Exemption.—The provisions of this Chapter shall not apply to land owned by the Government 

or a local authority. 

135. Definitions.—For the purposes of this Chapter,— 

(a) “ceiling limit”, in relation to land, means the limit fixed under section 136; 

(b) “family”, in relation to a person, means the person, the wife or husband, as the case may be, 

and the dependent children and grandchildren, of such person; 

32 

 
(c) “land” does not include land used for non-agricultural purposes. 

136.  Ceiling  on  holdings.—No  person  either  by  himself,  or,  if  he  has  a  family,  together  with  any 
other member of his family (hereinafter referred to as the person representing the family) shall, whether 
as a landowner or as a tenant or as a mortgagee with possession or otherwise, or partly in  one capacity 
and partly in another, hold land in excess of twenty-five acres in the aggregate: 

Provided that, where the number of members of the family of such person exceeds five, he may hold 
five  additional  acres  for  each  member  in  excess  of  five,  so  however  as  not to  exceed fifty  acres  in the 
aggregate. 

Explanation.—In the case of a company, an association or any other body of individuals, the ceiling 

limit shall be twenty-five acres. 

137. Submission of returns.—Every person representing a family who at the commencement of this 
Act  holds,  or  has  at  any  time  during  the  period  between  the  15th  day  of  January,  1959  and  such 
commencement held, land in excess of the ceiling limit shall submit to the competent authority, in such 
form and within such time as may be prescribed, a return giving the particulars of all land held by him 
and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain: 

Provided that in the case of joint-holding, all co-sharers may submit the return jointly indicating the 

parcels of land, not exceeding the aggregate of their individual ceiling limits which they desire to retain. 

Explanation.—In the case of a person under disability, the return shall be furnished by his guardian or 

authorised agent, as the case may be. 

138.  Collection  of  information  through  other  agency.—If  any  person  who  under  section  137  is 
required to submit a return, fails to do so, the competent authority may collect the necessary information 
through such agency as may be prescribed. 

139. Procedure for determination of excess land.—(1) On receipt of any return under section 137 
or  information  under  section  138  or  otherwise,  the  competent  authority  shall,  after  giving  the  persons 
affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having 
regard to the provisions of section 140 and section 141 and of any rules that may be made in this behalf, it 
shall determine— 

(a) the total area of land held by each person representing the family; 

(b) the specific parcels of land which he may retain; 

(c) the land held by him in excess of the ceiling limit; 

(d) whether such excess land is held by him as a landowner or as a tenant or as a mortgage with 

possession; 

(e) the excess land in respect of which the tenant or the mortgagee with possession may acquire 

the rights of the landowner of the mortgagor, as the case may be; 

(f) the excess land which may be restored to a landowner or a mortgagor; 

(g) the excess land which shall vest in the Government; and 

(h) such other matters as may be prescribed. 

(2)  For  the  purposes  of  determining  the  excess  land  under  this  section,  any  land  transferred  at  any 
time during the period between the 15th day of January, 1959 and the commencement of this Act shall, 
notwithstanding such transfer, be deemed to be held by the transferor. 

(3)  The  competent  authority  shall  prepare  a  list  in  the  prescribed  form  containing  the  particulars 
determined  by  it  under  sub-section  (1)  and  shall  cause  every  such  list  to  be  published  in  the  Official 
Gazette and also in such other manner as may be prescribed. 

33 

 
140. Selection of excess land in cases of certain transfers.—(1) Where any person holding land in 
excess  of  the  ceiling  limit  at  any  time  during  the  period  between  the  15th  day  of  January,  1959,  and         
the 9th day of December, 1959, has transferred during such period any part of his land to any other person 
under  a registered  deed  for  valuable consideration, the  excess  land  to  be  determined  under  section 139 
shall,  to  the  extent  possible,  be  selected  out  of  the  land  held  at  the  commencement  of  this  Act  by  the 
transferor in excess of a family holding and no land shall be selected out of the land transferred. 

(2) Where any person holding land in excess of the ceiling limit at any time— 

(a) during the period between the 15th day of January, 1959 and the 9th day of December, 1959, 
has transferred during such period any part of his land to any other person in any manner other than 
under a registered deed for valuable consideration, or  

(b) during the period between the 9th day of December, 1959 and the commencement of this Act 
has transferred during such period any part of his land to any other person in any manner whatsoever, 

the  excess  land  to  be  determined  under  section  139  shall  be  selected  out  of  the  lands  held  at  the 
commencement of this Act by the transferor and the transferee in the same proportion as the land held by 
the  transferor  bears  to  the land transferred  and  where  no  land is  held  by  the  transferor,  out  of  the  land 
transferred. 

(3) Where excess land is to be selected out of the lands of more than one transferee, such land shall be 
selected  out  of  the  lands held  by  each  of  the  transferees in  the  same  proportion  as  the  area  of the land 
transferred to him bears to the total area of the lands transferred to all the transferees. 

(4) Where  any excess land is selected out of the land transferred, the transfer  of such land shall be 

void. 

(5) Notwithstanding anything hereinbefore contained, the excess land to be selected shall in no case 

include the homestead land of a person. 

Explanation.—For  the  purpose  of  this  sub-section,  “homestead  land”  means  the  land  on  which  the 
homestead (whether used by the owner or let out on rent) stands together with any courtyard, compound 
and attached garden, not exceeding one acre in the aggregate. 

141. Excess land to vest in Government.—(1) Where any excess land of a landowner is in his actual 

possession, the excess land shall vest in the Government. 

(2)  Where  any  excess  land  of  a  landowner  is  in  the  possession  of  a  person  holding  the  same  as  a 
tenant or as a mortgagee and the excess land together with any other land held by such person exceeds his 
ceiling limit, the land in excess of the ceiling limit shall vest in the Government. 

(3)  Where  any  excess  land  of  a  landowner  is  in  the  possession  of  a  person  holding  the  same  as  a 
tenant or as a mortgagee and such person is allowed to retain the excess land or a part thereof as being 
within his ceiling limit, that person shall acquire the rights of the landowner  or of the mortgagor, as the 
case  may  be,  in  respect  of  such  excess  land  or  part  thereof  on  payment  of  compensation,  if  any,  as 
hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof 
shall vest in the Government. 

(4) Where there is any excess land of a tenant or of a mortgagee with possession, the excess land shall 

vest in the Government: 

Provided that, in any case where the excess land or any part thereof held by a person as landowner or 
mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess 
land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that 
person on an application made by him in this behalf to the competent authority within such time as may 
be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage 
in respect of such land shall be deemed to be a simple mortgage. 

142. Publication of the final list and consequences thereof.—(1) Any person aggrieved by an entry 
in  the  list  published  under  sub-section  (3)  of  section  139  may,  within  thirty  days  from  the  date  of 
publication thereof in the Official Gazette, file objections thereto before the deputy commissioner. 

34 

 
(2) The deputy commissioner or any other officer authorised in this behalf by the Administrator may, 
after  considering  the  objections  and  after  giving  the  objector  or  his  representatives  an  opportunity  of 
being heard in the matter, approve or modify the list. 

(3)  The  list  as  approved  or  modified  under  sub-section  (2)  shall  then  be  published  in  the  Official 
Gazette and also in such other manner as may be prescribed and subject to the provisions of this Act, the 
list shall be final. 

(4) With effect from the date of publication of the list in the Official Gazette under sub-section (3),— 

(a)  the  excess  land  shall  stand  transferred  to  and  vest  in  the Government  free  of  all   

encumbrances; or 

(b) the possession of the excess land shall stand restored to the landowner or the mortgagor, as the 

case may be; or 

(c)  the  rights  of  the  landowner  or  the  mortgagor  in  respect  of  the  excess  land  shall  stand 

transferred to the tenant or the mortgagee, as the case may be. 

143. Compensation.—(1) Where any excess land of a landowner vests in the Government, there shall 
be paid by the Government to the landowner compensation, subject to the provisions of sub-section (2), 
of an amount equal to twenty times the net annual income from such land. 

Explanation.—For  the  purposes  of  sub-section  (1),  the  net  annual  income  from  any  land  shall  be 
deemed to be one-fifth  of the value of the average yearly gross produce of the land, calculated in such 
manner as may be prescribed. 

(2)  Where  such  excess  land  or  any  part  thereof  is  in  the  possession  of  a  tenant,  the  compensation 
payable under sub-section (1) in respect of the land shall be apportioned between the landowner and the 
tenant  in  such  proportion  as  may  be  determined  by  the  competent  authority  in  the  prescribed  manner, 
having regard to their respective shares in the net income from such land. 

(3) In addition to the compensation payable in respect of any excess land under sub-section (1), there 
shall also be paid compensation in respect of any structure of building constructed on such land and any 
trees  planted  thereon,  and  such  compensation  shall  be  determined  by  the  competent  authority  in  the 
prescribed  manner,  having  regard to the  market  value  of any  structure  or building  or  the  value  of such 
trees, and such compensation shall be paid to the person who has constructed the structure or building or 
planted the trees. 

(4) Where any excess land in respect of which compensation is payable is subject to any mortgage or 
other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess 
land,  or  where  a  transfer  of  any  excess  land  is  void  by  virtue  of  sub-section  (4)  of  section  140,  the 
consideration  money  paid  by  the  transferee  in  respect  of  such  excess  land,  shall  be  a  charge  on  the 
compensation  payable  in  respect  of  the  excess  land  to  the  person  who  has  created  the  mortgage  or 
encumbrance or, as the case may be, to the transferor. 

(5) Where a tenant acquires the rights of a landowner in respect of any excess land, the compensation 
payable by him in respect of that land shall be equal to the amount which the landowner would have been 
paid as compensation under sub-section (2) or sub-section (3) if the land had vested in the Government; 
and  the  amount  shall,  in  the  first  instance,  be  paid  to  the  landowner  by  the  Government  and  shall  be 
recovered from the tenant in such manner as may be prescribed. 

(6)  Where  a  mortgagee  in  possession  acquires  the  rights  of the  mortgagor  in  respect  of  any  excess 
land under sub-section (3) of section 141, the compensation payable by the mortgagee in respect of that 
land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage 
debt against the market value of such excess land. 

(7)  Where  any  excess  land  of  a  religious  or  charitable  institution  vests  in  the  Government,  such 

institution  shall,  in  lieu  of  compensation  payable  under  sub-section  (1)  or  sub-section  (2)  or                   
sub-section (3), be paid an annuity equal to the net annual income of the excess land and such net annual 
income shall be determined by the competent authority in the prescribed manner. 

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(8) The competent authority shall, after holding an inquiry in the prescribed manner, make an order 

determining the amount of compensation payable to any person under this section. 

144. Manner of payment of compensation.—(1) The compensation payable under section 143 shall 
be due from the date of publication of the list under sub-section (3) of section 142 and may paid in cash, 
in a lump sum or in instalments, or in bonds. 

(2)  Where  the  compensation  is  payable  in  bonds,  the  bonds  may  be  made  not  transferable  or 
transferable  by  endorsement  or  in  any  other  manner  but  all  such  bonds  shall  be  redeemed  within  such 
period, not exceeding twenty years from the date of issue, as may be prescribed. 

(3) Where there is any delay in the payment of compensation or where the compensation is paid either 
in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum from the 
date on which it falls due. 

145.  Limit  of  future  acquisition  of  load.—No  person  representing  a  family  shall  acquire  in  any 
manner whatsoever, whether by transfer, exchange, lease, agreement or succession, any land where such 
acquisition has the effect of making the total area of the land held by him exceed the ceiling limit; and any 
such land in excess of the ceiling limit shall be treated as excess land of the transferee and provisions of 
section 139 to 144 shall, as far as may be, apply to such excess land. 

146. Excess land not to be surrendered in certain cases.—Where a person representing a family 
holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, then, 
notwithstanding  anything  contained  in  this  Chapter,  such  person  shall  not  be  required  to  surrender  any 
part of the land on the ground that it is excess land, if such excess is due to a decrease in the number of 
members of the family. 

147. Power of  deputy commissioner to take possession of excess land.—After the publication of 
the  list  of  excess  lands  under  sub-section  (3),  of  section  142,  and  after  demarcation  in  the  prescribed 
manner of such lands where necessary, the deputy commissioner may take possession of any excess land 
and may use or cause to be used such force as may be necessary for the purpose. 

148. Offences and penalties.—(1) Whoever being bound to submit a return under section 137 fails to 
do so, without reasonable cause, within the prescribed time, or submits a return which he knows or has 
reason to believe to be false, shall be punishable with fine which may extend to one thousand rupees. 

(2) Whoever contravenes any lawful order made under this Chapter or otherwise obstructs any person 
from  lawfully  taking  possession  of  any  land  shall  be  punishable  with  fine  which  may  extend  to  one 
thousand rupees. 

149. Finality of orders.—Subject to the provisions of this Act, every order made under this Chapter 

shall be final. 

150.  Power  to  exempt,  etc.—(1)  The  Administrator  may,  on  an  application  made  to  him  in  this 

behalf  within  three  months  from  the  commencement  of  this  Act,  exempt  from  the  operation  of             
section 136— 

(a)  any  land  which  is  being  used  for  growing  tea,  coffee  or  rubber  including  lands  used  or 
required  for  use  for  purposes  ancillary  to,  or  for  the  extension  of,  the  cultivation  of  tea,  coffee  or 
rubber to be determined in the prescribed manner; 

(b) any sugarcane farm operated by a sugar factory; 

(c) any specialised farm which is being used for cattle breeding, dairy or wool raising; 

(d) any person who holds a compact block land exceeding the ceiling limit which— 

(i) is being used as an orchard from before the 1st day of January, 1958, or 

(ii) is being used as a farm in which heavy investment or permanent structural improvements 
have been made and which, in the opinion of the Administrator, is being so efficiently managed 
that its break up is likely to bring a fall in production: 

36 

 
Provided  that  where  such person  holds the  compact block  of  land  together  with  any  other  land,  he 
shall be permitted to elect to retain either the compact block of land, notwithstanding that it exceeds the 
ceiling limit, or the other land not exceeding the ceiling limit; 

(e) any land which is being held by a co-operative society, provided that where a member of any 
such society holds a share in such land, his share shall be taken into account in determining his ceiling 
limit: 

Provided  that the  Administrator  may  entertain  the  application  after the  expiry  of  the said  period  of 
three  months,  if  he  is  satisfied  that  the  applicant  was  prevented  by  sufficient  cause  from  making  the 
application in time. 

(2) Where any land in respect of which exemption has been granted to a person under clause (a) of 
sub-section (1) is  transferred  to  another  person,  the Administrator  may,  on  an  application  made  to  him 
within three months from the date of the transfer, exempt the transferee from the operation of section 136 
and section 145 and the provisions of the said clause shall, as far as may be,  apply to the grant of such 
exemption. 

(3) Where the Administrator is of opinion that the use of land for any specified purpose is expedient 
or necessary in the public interest, he may, by notification in the Official Gazette, make a declaration to 
that effect and on the issue of such notification, any person may, notwithstanding anything contained  in 
section 145 acquire land in excess of the ceiling limit for being used for such specified purpose and such 
person shall, within one month form the date of such acquisition, send intimation thereof to the competent 
authority. 

(4)  Where  any  land  in  respect  of  which  exemption  has  been  granted  under  sub-section  (1)  or           

sub-section  (2)  or  sub-section (3) ceases to  be  used, or  is  not,  within  the  prescribed time,  used,  for the 
purpose for which exemption had been granted, the Administrator may, after giving the persons affected 
an opportunity of being heard, withdraw such exemption. 

CHAPTER XII. —PREVENTION OF FRAGMENTATION 

151. Definitions.—For the purposes of this Chapter,— 

(a) “holding” means the aggregate area of land held by a person as a landowner; 

(b) “fragment” means a holding of less than two and a half acres in area; 

(c) “land” has the same meaning as in Chapter XI. 

152. Restrictions on transfer, etc.—(1) No portion of a holding shall be transferred by way of sale, 

exchange, gift, bequest or mortgage with possession, so as to create a fragment: 

Provided  that  the  provisions  of  this  sub-section  shall  not  apply  to  a  gift  made  in  favour  of  the 

Bhoodan movement initiated by Acharya Vinoba Bhave. 

(2) No portion of a holding shall be transferred by way of lease, where as a result of such lease,— 

(i) the lessor shall be left with less than two and a half acres, or 

(ii) the total area held by the lessee exceeds the limit of a family holding. 

(3)  No  fragment  shall  be  transferred  to  a  person  who  does  not  have  some  land  under  personal 
cultivation, or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit 
of a family holding. 

153.  Partition  of  holding.—(1)  No  holding  shall  be  partitioned  in  such  manner  as  to  create  a 

fragment. 

(2) A fragment shall not be partitioned unless as a result of such partition its portions get merged in 
holdings of two and a half acres or more or in fragments so as to create holdings of two and a half acres or 
more; 

37 

 
(3) Whenever, in a suit for partition, the court finds that the partition of a holding will result in the 
creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the 
same and distribute the proceeds thereof among the co-sharers. 

(4) Whenever a holding is put up for sale under sub-section (3), a co-sharer shall have the first option 
to purchase the holding at the highest bid; if there are two or more co-sharers claiming the first option, 
that co-sharer who offers the highest consideration shall be preferred. 

154. Transfers in contravention of this Chapter.—(1) Any transfer, partition or lease of land made 

in contravention of the provisions of this Chapter shall be void. 

(2) No document of transfer, partition or lease  shall be registered unless declarations in writing are 
made,  in  such  form  and  manner  as  may  be  prescribed,  by  the  parties  thereto  before  the  competent 
registering authority under the Indian Registration Act, 1908 (16 of 1908), regarding lands held by each 
prior to the transaction and the land which shall come to hold thereafter. 

(3) No registering authority shall register under the Indian Registration Act, 1908 (16 of 1908), any 
document  of  transfer,  partition  or  lease  of  land  if,  from  the  declarations  made  under  sub-section  (2),  it 
appears that the transaction has been effected in contravention of the provisions of this Chapter. 

155. Penalty.—The parties to any transfer, partition or lease made or entered into in contravention of 

any of the provisions of this Chapter shall be punishable with fine which extend to one hundred rupees. 

156.  Power  to  make  rules.—(1)  The  Administrator  may,  by  notification  in  the  Official  Gazette, 

make rules to carry out the purposes of this Part. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form in which and the period within which a return under section 137 may be submitted; 

(b) the agency through which information may be collected under section 138; 

(c) the manner of holding enquiries under this Part; 

(d) the matters which may be determined under sub-section (1) of section 139 and the manner of 

determination of excess lands under this Part; 

(e) the form in which a list under sub-section (3) of section 139 or sub-section (3) of section 142 

may be prepared and the manner of publication of such list; 

(f) the period within which an application for registration of excess land may be made under the 

proviso to sub-section (4) of section 141; 

(g) the  manner  of  apportionment  of  compensation between the landowner and  the  tenant  under 

sub-section (2) of section 143; 

(h)  the  manner  of  assessment  of  the  market  value  of  any  structure  of  building  or  trees  under     

sub-section (3) of section 143; 

(i)  the  manner  of  recovery  of  the  compensation  payable  the  tenant  under  sub-section  (5)  of     

section 143; 

(j) the manner of determining under sub-section (6) of section 143 the market value of any excess 

land over which a mortgagee in possession acquires the rights of the mortgagor; 

(k) the manner of determination of the net annual income of any excess land for the purpose of 

payment of compensation under section 143; 

(l)  the  manner  of  payment  of  compensation  including  the  number  of  instalments  in  which  the 

compensation may be paid or recovered and the period within which bonds may be redeemed; 

(m) the manner of demarcation of any excess land under section 147; 

(n) the matters which may be determined by the  Administrator in granting  an exemption under 
section 150 including the form in which applications and intimations may be made or given, under 
section 150; 

38 

 
(o) the from of declarations under section 154; 

(p) any other matter which is to be or may be prescribed. 

PART V 
CHAPTER XIII.—GENERAL AND MISCELLANEOUS 

157.  Recovery  of  amounts  due  as  an  arrear  of  and  revenue.—Without  prejudice  to  any  other 
provision of this Act, any amount due to the Government, whether by way of costs, penalty or otherwise, 
and any other amount which is ordered to be paid to or recovered by the Government, under this Act shall 
be recoverable in the same manner as an arrear of land revenue. 

158.  Special  provision  regarding  Scheduled  Tribes.—No  transfer  of  land  by  a  person  who  is  a 

member of the Scheduled Tribes shall be valid unless— 

(a) the transfer is to another member of the Scheduled Tribes; or 

(b) where the transfer is to a person who is not a member of any such tribe, it is made with the 

previous permission in writing of the deputy commissioner; or 

(c) the transfer is by way of mortgage to a co-operative society. 

159.  Jurisdiction  of  civil  courts  excluded.—No  suit  or  other  proceedings  shall,  unless  otherwise 
expressly provided for in this Act or in any other law for the time being in force, lie or be instituted in any 
civil court with respect to any matter arising under the provided for by this Act: 

Provided that if in a dispute between parties a question of title is involved, a civil suit may be brought 

for the adjudication of such question. 

160. Act to override contract and other laws.—Save as otherwise provided, the provisions of this 
Act  shall  have  effect  notwithstanding  anything  to  the  contrary  contained  as  any  other  law,  custom  or 
usage or agreement or decree or order of court. 

161. Court–fees.—Notwithstanding anything contained in the Court-fees Act, 1870 (7 of 1870) every 
application, appeal or other proceeding under this Act shall bear a court-fee stamp of such value as may 
be prescribed. 

162. Village officers to be public servants.—Every amin and every other village officer appointed 
under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal 
Code (45 of 1860). 

163. Power to exempt.—With the previous approval of the Government, the Administrator may, by 
notification  in the Official Gazette exempt any class of lands from all or any of the provision of this Act. 

164. General provision as to penalties.—Whoever contravenes any provision of this Act for which 
no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five 
hundred rupees. 

165. Protection of action taken in good faith.—No suit, prosecution or other proceedings shall lie— 

(a) against any officer of the Government for anything in good faith done or intended to be done 

under this Act; 

(b) against the Government for any damage caused or likely to caused or any injury suffered or 

likely to be suffered by anything, in good faith, done or intended to be done under this Act. 

166.  Delegation  of  powers.—The  Administrator  may,  by  notification  in  the  Official  Gazette, 
delegate  to  any  officer  or  authority  subordinate  to  him  any  of  the  powers  conferred  on  him  or  on  any 
officer subordinate to him by this Act, other than the power to make rules, to be exercised subject to such 
restrictions and conditions as may be specified in the said notification. 

167. Power to remove difficulties.—If any difficulty arises in giving effect to any provision of this 
Act, the Government may, as occasion requires, take any action not inconsistent with the provisions of 
this Act which may appear to it necessary for the purpose of removing the difficulty. 

39 

 
168.  General  power  to  make  rules.—Without  prejudice  to  any  power  to  make  rules  contained 
elsewhere in this Act, the Administrator may, by notification in the Official Gazette, make rules generally 
to carry out the purposes of this Act. 

169. Laying of rules before Parliament.—Every rule made under this Act shall be laid as soon as 
may be after it is made before each House of Parliament while it is in session for a total period of thirty 
days which may be comprised in one session or in two successive sessions, and if before the expiry of the 
session  in  which  it  is  so  laid  or  the  session  immediately  following,  both  Houses  agree  in  making  any 
modification in the rule or both Houses agree that the rules should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so however that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
the rule. 

170. Repeal and savings.—(1) On and from the date on which any of the provisions of This Act are 
brought into force in any area in the Union territory of Manipur, the enactments specified in the Schedule 
or  so  much  thereof  as  relate  to  the  matters  covered  by  the  provisions  so  brought  into  force  shall  stand 
repealed in such area. 

(2) The repeal of any enactment or part thereof by sub-section (1) shall not affect,— 

(a) the previous operation of such enactment or anything duly done or suffered thereunder; 

(b) any right, privilege, obligation or liability acquired, accrued or incurred under such enactment; 

(c)  any  penalty,  forfeiture  or  punishment  incurred  in  respect  of  any  offence  committed  against 

such enactment; 

(d)  any  investigation  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 

obligation, liability, penalty, forfeiture or punishment as aforesaid, 

and  any  such  investigation,  legal  proceeding  or  remedy  may  be  instituted  or  enforced  and  any  such 
penalty,  forfeiture  or  punishment  may  be  imposed  as  if  such  enactment  or  part  thereof  had  not  been 
repealed. 

(3) Subject to the provisions contained in sub-section (2), any appointment, rule, order, notification or 
proclamation made or issued, any lease, rent, right or liability granted, fixed, acquired or incurred and any 
other  thing  done  or  action  taken  under  any  of  the  enactments  or  parts  thereof  repealed  under                    
sub-section (1) shall, in so far as it is not inconsistent with the provisions of this Act brought into force, 
be deemed to have been made, issued, granted, fixed, acquired, incurred, done or taken under this Act and 
shall continue to be in force until superseded by anything done or any action taken under this Act. 

(4) Any custom or usage prevailing at the time any of the provisions of this Act are brought into force 
in  any  area  in  Union  territory  of  Manipur  and  having  the  force  of  law  therein  shall,  if  such  custom  or 
usage  is  repugnant  to  or  inconsistent  with  such  provision,  cease  to  be  operative  to  the  extent  of  such 
repugnancy or inconsistency. 

40 

 
 
  
THE SCHEDULE 

[See Section 170 (1)] 

1. The Assam Land and Revenue Regulation, 1886 (Assam Act I of 1886), as extended to the Union 

Territory  of  Manipur  by  notification  under  section  2  of 
Act, 1950 (30 of 1950). 

the  Union  Territories 

(Laws)                             

2. The Bombay Vidardha Region Agricultural Tenants (Protection from Eviction and Amendment of 
Tenancy Laws) Act, 1957 (Bombay Act IX of 1958), as extended to the Union territory of Manipur by 
notification under section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950). 

41 

 
    
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
