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THE TRIPURA LAND REVENUE AND LAND REFORMS (SIXTH AMENDMENT) ACT, 1994.
THE TRIPURA LAND REVENUE AND LAND REFORMS (SIXTH AMENDMENT) ACT, 1994.
GOVERNMENT JOF TRIPURA LAW DEPARTMENT
No. F. 9(15)-Law/Leg/96 Dated, Agartala, the 18th October, 1996.
NOTIFICATION
The following Act of the Tripura Legislative Assembly received the assent of the President on the 11th February, 1996 and is hereby published for general information.
TRIPURA ACT NO. 2 OF 1996.
THE TRIPURA LAND REVENUE AND LAND REFORMS ( SIXTH AMENDMENT) ACT, 1994.
An Act Further to amend the Tripura Land Revenue and Land Reforms Act, 1960.
Be it enacted by the Legislative Assembly in the forty-fifth year of the republic of India as follows;-
WHEREAS it is expedient to amend the Tripura Land Revenue and Land Reforms Act, 1960:
Short title and Commencement
1. (1) This Act may be called the Tripura Land Revenue and Land Reforms (Sixth Amendment) Act, 1994.
(2) It shall come into force at once.
2. For Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 ( here-in-after referred to as principal Act). the following Section shall be substituted, namely:-
“Special provision regarding Scheduled Tribes”
“187 (1) No transfer of land belonging to 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 the Scheduled Tribes, it is made with the previous permission of the collector in writing in the manner to be prescribed by rule, or
(c) the transfer is by way of mortgage to a Co-operative Society or to a Bank or to the Tripura Housing Board, or to the Central or the State Government or any other financial institutions or Corporations as may be notified by the Government in the Official Gazette from time to time for the purpose.
Provided that the land so mortgaged in pursuance of Clause (c) shall not be transferred by such mortgage to a person who is not a member of the Scheduled Tribes.
Explanation—In this sub-section, the expression, ‘a bank’ shall have the same meaning as in section 109.
(2) (a) Notwithstanding anything contained in the Transfer of Property Act, 1882, but subject to the provision of section 187A, no transfer of land belonging to a person who is a member of the Scheduled Tribes shall be valid unless made by a registered instrument.
(b) No transfer or instrument of transfer including a decree or order passed by any court, Tribunal or Authority, made in contravention of sub-section (1) shall be registered or in any way recognised as valid in any court, Tribunal or Authority.
(3) No decree or order shall be passed by any court, Tribunal or Authority in any case other than the cases as specified in Clause (c) of sub-section (1) for the sale of the land or any portion thereof, of a person belonging to scheduled Tribes nor shall any such land be sold in execution of any decree or order”
Insertion of New Section “Restoration of land:
3. In the Principal Act, after Section 187 A, the following sections shall be inserted, namely;-
187B. (1) On or after the 1st January, 1969---
(a) if a transfer of land belonging to a person who is a member of the scheduled Tribes is made in contravention of the provisions of sub-section (1) of section 187 to a person other than a member of the Scheduled Tribes, a Revenue Officer specially appointed for this purpose by a notification in the Official Gazette, and having local jurisdiction may, notwithstanding anything contained in any other law for the time being in force, on its own motion or on an application made in that behalf, and after giving the transferee and the transferer an opportunity of being heard, by an order in writing evict such or any person claiming under him from such land or part thereof and shall restore the possession of the land to the transferer, or his successor in interest and for this purpose the Revenue Officer may use or cause to be used such force as may be considered necessary.
(b) if any land owned by person belonging to the Scheduled Tribes is occupied by any person who is not a member of the Scheduled Tribes without lawful authority, then the Revenue Officer in the same manner as provided in Clause (a) may restore the possession of such land to the person or successor in interest so dispossessed.
(c) if a person belonging to the scheduled Tribes is in occupation of Government land and eligible for allotment of such land under Section 14 of this Act, parts with possession or is dispossessed there from by a person not belonging to the Scheduled Tribes, then the Revenue Officer in the same manner as provided in clause (a) may restore the possession of such land to that person. Or his successor-in-interest as the case may be and refer to the competent authority under Section 14 of this Act for allotment of the land to such person.
Explanation—For the purpose of this sub-section, the successor-in-interest means heirs, transferee or assignee in accordance with law or custom as applicable.
(2) If any person not being a member of the Scheduled Tribes occupies or possesses the land held by or in occupation of a person belonging to the Scheduled Tribes in any manner as specified in sub-section (1) after the commencement of the Tripura Land Revenue and Land Reforms (Sixth Amendment) Act, 1994 without any lawful authority he shall be punishable with imprisonment for a term which may extend to two years and also with a fine which may extend to three thousand rupees.
(3) Notwithstanding anything contained in the Code of Criminal Procedure 1973 every offence punishable under sub-section (2) shall be cognizable and non-bailable and wherever any person is arrested and detained in custody in pursuance of provision of this section, the officer-in-charge of the Police Station or Police Officer making the arrest shall forward the person to the Presiding Officer holding the special Court of the jurisdiction and the provision of the Code of Criminal Procedure, 1973 shall apply mutates mutandis for summary trail.
(4) For the purpose of speedy trial of offence under this section the State Government may, after consultation with the High Court by notification constitute as many special Courts s may be considered necessary, each consisting of an Officer not below the rank of a Judicial Magistrate of the First Class.
(5) For the cases referred to in sub-section (2), the Revenue Officer immediately after restoration of land under sub-section (1) shall file a complaint in the special Court constituted under sub-section (4) for action as provided, in sub-section (2).
(6) An appeal shall lie to the High court from every order passed by a special court under this section within sixty days of the passing of such order.
Onus of Proving
187. C. Notwithstanding anything contained in any other law for the time being in force, the burden of proof for the purpose of section 187 B that transfer of land was not made in contravention of sub-section (1) of section 187 or occupation of land was not made without lawful authority shall lie on the transferee or occupier, as the case may be.
Prevention of retransfer
187. D. Where the possession of any land is restored to a person belonging to the scheduled Tribes under any of the above provisions is retransferred by the person belonging Scheduled Tribes in contravention of section 187 and the Revenue Officer specially empowered has reasons to believe that the land holder belonging to Scheduled Tribes shall not be in a position to retain the land so retransferred even after subsequent restoration, the Revenue Officer shall evict the person to whom the land was re-transferred and entrust the management of the same to a Committee as may be constituted by the State Government with scheduled Tribes members and government Officials for a period of one year and if, after the expiry of this period, the Committee holds that the land holder belonging to the scheduled Tribes shall not be in a position to retain the land if restored, then such land shall vest to the Government free from all encumbrances and the Collector shall allot the land to the eligible tribals of the area under such condition as may be prescribed.
(2) The manner of constitution conduct of business, powers and function of the committee referred to in sub-section (1) shall be such as may be prescribed.
Explanation:- For the purpose of Section 187, 187B, 187C an 187D, the word ‘transfer’ shall mean sale, mortgage, lease, exchange and gift as defined in Transfer of property Act, 1882 and include parting with fully or partly of ownership or possession of any land or any interest therein in any other manner whatsoever but shall not include the requisition and acquisition of land under any law for the time being in force.
Waiving of limitation
187. E. Notwithstanding anything contained in any law for the time being in force, a petition for restoration of possession of land by a person belonging to the Scheduled Tribes against a person not belonging to the scheduled Tribes shall lie at any time.
Jurisdiction of Civil Court
187. F. Notwithstanding anything contained in any other law for the time being in force, no suit for declaration of title over any land belonging to the Scheduled Tribes shall lie in a civil Court and no Civil Court shall pass a decree or order by which title of land stands transferred from a person belonging to the Scheduled Tribes to a person not belonging to the Scheduled Tribes.
187. G. (1) Wherever an offence under this Act has been committed after the commencement of the Tripura Land Revenue and Land Reforms (Sixth Amendment) Act, 1994 by a company, every person who at the time the offence was committed was in change of, or was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment under this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or a connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation:- For the purpose of this section (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “Director”, in relation to a firm, means a partner in the firm”.
