(i) boundary marks of Government land shall be maintained by the Government Department concerned;
(ii) village boundary marks shall be maintained by the Collector; and
(iii) any other boundary marks erected in accordance with the directions of the Collector or other competent authority shall be maintained in accordance with such specifications and instructions as may be issued by him, from time to time.
Register of boundary marks
87. The revenue officer in charge of village boundary demarcation shall maintain a register of all boundary marks so as to ensure that they are properly maintained and kept in good condition.
CHAPTER VII REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS Land revenue when and how payable Notice of demand
88. (1) Every sum on account of the land revenue shall be payable to the tehsildar in his office.
(2) It shall fall due in two equal installments, one on the 15th November, and the other on the 15th of March every year though payment may be made at any time before these dates.
89. (1) A notice of demand under section 62 shall be issued in Form 24 by and under the signature and seal of the circle officer of the circle in which the holding to which the land revenue relates is situated. If such notices are required to be issued against a defaulter residing in another circle the circle officer may do so either direct or through the circle officer of such other circle.
(2) A sub-Divisional officer or Collector any issue a notice of demand in respect of the land revenue payable on account of any holding which is situated within his jurisdiction.
(3) It shall be issued in duplicate and shall be served in the manner of a notice as prescribed in Schedule III.
(4) The fee for the notice of demand shall be added to the arrears for which the notice is issued and shall be included in the amount specified therein.
22 Distraint and sale of movable property Distraint of movable property other than the produce of the land Distraint of produce of land
90. (1) Any Collector, sub-divisional officer or circle officer may issue a warrant of distraint of movable property including the produce of the land of any defaulter in form 25 and sell the same thereafter by public auction.
(2) Such auction shall be held at the spot unless the officer ordering the auction is of the opinion that the auction if held in any other place would bring a higher price in which case auction may be held at such other place.
(3) If the auction is not held at the spot due publicity thereof shall be given by issuing a proclamation in Form 26 which may also be proclaimed by beat of drum, if the officer ordering the sale deems it necessary.
91. (1) When the property to be distrained is movable property (other than the produce of the land) in the possession of the defaulter the distraint shall be effected by actual seizure and the distrainig officer shall keep the property in his own custody, of in the custody of any one of his subordinates who shall be responsible for the due custody thereof.
Provided that when the property so distrained be subject to speedy or natural decay, or if the expenses of keeping it in custody are likely to exceed its value, the distraining officer may if so authorized by the officer issuing the warrant of distraint sell it at once;
Provided further that if the property distrained consists of live stock, agricultural implements or articles, which cannot be conveniently removed, and the distraining officer does not act under the first proviso he may—
(i) Leave it in the charge of any person claiming to be interested in such property or of any other person, who is willing to undertake to keep and be responsible for the custody of such property on his entering into a bond with one more sureties for an amount not less than the value of the property that he will take proper care of the property and produce it when called for or
(ii) In the case of live-stock leave it in the charge of the pound keeper, if any.
(2) The distraining officer shall make a list of the property distrined and obtain thereon an acknowledgement from the person in whose custody the property is left, and if possible, also of the defaulter and at least two other persons in attestation of the correctness of the list.. If the property distrained includes both live stock and other articles separate lists thereof shall be prepared and got attested.
92. (1) Where the property to be distrained is the produce of the land, the distraint shall be made by affixing a copy of the distraint warrant—
(i) Where such produce is growing, on the land on which the produce is growing, or
(ii) Where such produce has been cut or gathered o the threshing floor or the place for treading out grins or the like in which it is deposited.
This service will be in addition to normal process of service provided in the para 33 of schedule III 23 Custody of distrained property Leaving livestock in the charge of pound keeper Attachment of immovable Management of attached property Claim of third persons
(2) The distraining officer shall make such arrangements for the custody of produce of the land as he may consider sufficient and also to tend, cut, gather, and store the produce and do any other act necessary for maturing or preserving it.
(3) The cost incurred under sub-rule (2) shall be payable by the defaulter.
93. (1) Where the distrained live-stock is not left in the charge of the defaulter the expenses of feeding it shall be charged at such reasonable rate as the Collector may, by general or special order, fix.
(2) Where the property distrained is movable property, other than produce of the land or live-stock, and has not been left in the charge of the defaulter, the expenses for its safe custody shall be charged at such reasonable rate as the Collector may, by general or special order, fix.
(3) The cost incurred under sub-rules (1) and (2) shall be a charge on the sale price of the property.
94. Where the disrtained live stock is left in the charge of the pound keeper, the produce provided in paras 38 to 41 in Schedule III regarding live stock attached in execution of decrees of attachment will be applicable.
95. (1) Where the property is immovable property, the attachment shall be made by an order in Form 27 issued by the Collector prohibiting the defaulter from transferring or charging the property in any manner and all persons from having any transfer or charge from him.
(2) In addition to service provided for the service of a notice in Schedule III, a copy of the prohibitory order shall be affixed at a conspicuous part of the property and shall be proclaimed in the locality by beat of drum.
(3) The order shall take effect as against transferees for value in good faith from the date when a copy of the order is affixed on the property and against all other transferees from the date on which such order is made.
(4) No payment made after the making of the proclamation on account of rent or any other asset of the estate or holding to any person other than the Collector or his agent shall be credited to the person making the payment or relieve him from liability to make the payment to the Collector or his agent.
96. When the property attached consists of immovable property, the attaching authority shall be entitled to manage the property so attached or entrust its management to such person or authority on such conditions as it deems fit and to receive all rents and profits accruing there from, to the exclusion of the defaulter. The collection charges in respect of the property so attached and managed shall after the costs of attachment and management have been deducted there from be applied to the payment of arrears for which the property was attached.
97. If any claim is set up a third person to the property attached or proceeded against, the officer ordering the attachment or proceedings, shall enquire in to the claim and may admit or reject it.
24 Objection by defaulter Proclamation for sale Inspection and copy of sale proclamation Date of sale Absence or insufficiency of bid
98. If the defaulter files any objection against the attachment or proceeding against the property it shall be disposed of by the officer ordering the attachment or proceedings.
99. (1) When the sale of any immovable property is to be held, the proclamation for sale shall be issued in From 28 it the property to be auctioned is the holding on account of which the arrears are due and in Form 29 if it is some other property belonging to the defaulter.
(2) The officer conducting the sale shall cause wide publicity of the proclamation of sale to be made and may, in addition to other processes provided for such publicity in para 33 of schedule III, get it published in any newspaper having circulation in the area.
(3) The proclamation of the intended sale shall state the date, time and place of the sale and specify the following as clearly and accurately as possible—
(i) the property to be sold:
(ii) estimated value of the property;
(iii) the amount for the recovery of which the sale ordered; and
(iv) such facts which the authority considers material to note in the proceeding in order to charge full and fair value of the property including such other circumstances as a purchaser ought to know.
(4) The proclamation mentioned in sub-rule (3) shall be served under sub-section (2) of section 66 on the defaulter as provided in paras 2 to 31 of schedule III
(5) The authority issuing the proclamation may summon the defaulter and examine him with respect to any matter, which is to be included in the said proclamation.
(6) The place of sale to be specified under sub-rule (3) shall be either the office of the circle or any place near the property to be sold.
100. The originals or copies of sale proclamations shall be open to inspection to public on all working days free of charge at the office of the officer issuing the proclamation within such office hours as the Collector may, from time to time, fix.
101. No sale shall, without the consent in writing of the default take place—
(i) on Sunday or any gazetted holiday; and
(ii) until after the expiry of at least 30 days from the date on which proclamation thereof was made.
102. When property is being put to auction for arrears of land revenue and there be no bid, the revenue officer conduction the sale may purchase the same in the name of the administrator for one rupee or if the highest bid be insufficient to cover the arrears due may purchase the property on behalf of the State Government at the highest bid.
1. Substituted by the North-Eastern Area (Reorganization) (Tripura) Adaptation of laws order 1973.
25 Sale Officer Auction sale when to stop Objection by purchaser Application for setting aside the sale Certificate of purchase Delivery of possession Intimation to the commanding officer of cantonment
103. (1) If the officer ordering or conducting the sale is of the opinion that there are sufficient grounds for such action he may adjourn the sale after recording reasons therefore.
(2) Where the sale is postponed or adjourned under sub-rule (1) a fresh proclamation shall be made unless the defaulter consents in writing to waive it.
104. Auction sale shall be stopped if before the hammer is struck the amount due including process fees and cost of attachment and sale are tendered to the officer conduction the sale or proof is given to his satisfaction that the amount with required costs has been paid to the officer, who ordered the sale.
105. The purchaser may at any time within thirty days from the date of the sale of the immovable property, apply to the collector to set aside the sale on the ground that the defaulter had no interest in the property sold and he shall after summary enquiry in the manner prescribed in Schedule III pass such order on such application as he deems fit.
106. (1) An application for setting aside a sale under section 73 shall be made to the Collector giving therein the grounds on which such sale is sought to be set aside and documentary evidence, if any, in support thereof.
(2) Such an application shall be disposed of by the Collector after giving notice to the parties interested in the sale and after affording such parties an opportunity of being heard and producing evidence.
107. (1) When a sale has been confirmed, a certificate shall be given to the purchaser in Form 30.
(2) The officer ordering the sale then depute an official to deliver possession of the property for which sale certificate has been issued to the purchaser.
(3) The title to the property shall vest in the purchaser from the date of the certificate.
(4) A certificate granted to a purchaser under section 76 shall be conclusive evidence in his favour and in favour of any person claiming under him, that every publication, posting or any dispatch, notice or letter required by the Act or these rules to be published, served, posted or dispatched has been duly effected.
108. (1) Where the purchaser is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Collector complaining of such resistance or obstruction.
(2) Thereafter the matter will be proceeded with in accordance with rules 116 to 123.
109. Whenever any house or other building situated within the limits of a cantonment is sold the Collector shall, as soon as the sale is confirmed, forward to the commanding Officer of such cantonment for his information or for record in the brigade or other proper office, written notice that such sale has taken place and such notice shall contain full part full particulars of the property sold and of the name and address of the purchaser.
26 Cost of proclamation and other costs 110 (1) In calculating the cost of sale, the revenue office shall take in to account the cost of notice of demand, attachment, and publication of the sale and any other costs incurred in conducting the sale.
Recovery of other amounts recoverable of land revenue
(2) If the proceeds of the sale fall short of such arrears for which it was held, the balance remaining due from the defaulter may be recovered from him by further proceeding under Chapter VII of the Act, or any other means authorized by law.
111 (1) Where any amounts are to be recovered as an arrear of land revenue, the authority having jurisdiction to recover the amount shall send a request to the collector with the following particulars:--
(a) the authority to whom and the account on which the sum is due;
(b)the person from whom the sum is due;
(c) the sum due;
(d) the provision of law under which the sum is recoverable as an arrear of land revenue;
(e) the process by which such sum may be recovered; and
(f) the property against which the process may be executed.
Fees to be charged for execution of processes
(2) On receipt of the application, the Collector shall proceed to recover the amount like arrear of land revenue due from person mentioned in the request.
112. The fees at the following rates shall be charged for serving and executing processes issued under the Act or these rules.
(1) For every notice if sent
(a) by registered post… ........... Rupees two.
(b) By post… ................ seventy five paise.
(c) Otherwise… ................ Rupee one.
(2) for a summons for appearance in respect of each person Rupee one.
(3) for available warrant of arrest in respect of each person Rupee one.
(4) for warrant of distraint of movable property
(a) for arrears upto Rs. 200 Rupees one and fifty naya paise.
(b) for arrears above Rs. 200 and upto Rs. 500 Rupee two.
(c) for arrears above Rs.500 and upto Rs. 1,000 Rupees two and fifty naya paise.
(d) for arrears above Rs. 1,000 Rupees three.
(5) for a prohibitory order in cases of attachment of immovable property Rupee three.
(6) for proclamation of sale of movable or immovable property Rupee two.
(7) for a warrant for the delivery of immovable property Rupee three.
(8) for any process not specified above 27 Application of the code of civil procedure
113. Subject to the provisions of the Act and these rules, the provisions of the Code of Civil procedure 1908 relating to the attachment of sale of property shall as far as may be, apply to the proceedings under this Chapter.
CHAPTER VIII Form and service of summons Procedure of Revenue Officer
114. Every summons to be issued by a revenue officer shall
(i) in the case of a party, be in Form 31 or 32, as the case may be; and
(ii) in the case of a witness, be in From 33, and shall be served in the manner prescribed in Schedule III.
Bail able warrant of arrest Delivery of possession Obstruction of delivery of possession
115. The warrant to be issued under section 86 shall be in Form 34.