Manipur act 013 of 1976 : The Manipur Land Revenue and Land Reforms (Amendment) Act, 1975

THE MANIPUR LAND REVENUE

AND

LAND

REFORMS

(AMENDMENT) ^{ACT, 1975}

(Manipur ^{Act No.13of}

1976)

An

Act

further ^to

amend ^the

Manipur ^LandRevenue ^andLand

Reforms

Act,

1

960 so as

to bring ^{itin thelinewiththe}

changing

socio—economz'c

condition

of ^the

people of

Manipur and to create an

egalitarian society

in

the State. BE it enacted

by

the

Legislature

of

Manipur

in the

Twenty—seventh

Year

of the

Republic of

India as

follows:—

1.

(1)

This Act

may

be called the

Manipur

Land Revenue and Land

Reforms (Amendment) ^Act,

1975.

(2) ^It

shall^{come into}force^onsuch'^dateasthe

Government may,

by

notification in the Official

Gazette,

"appoint

and

different dates may be

appointed

for different

provisions

of this Act.

(3) ^,Insection^{1 ofthe}

Principal

Act, ^forthe

"full-stop" occurring

at

the end

of sub— section

(2),

a

"colon" shall be substituted and

thereafter the

following proviso

shall be

added, namely,—

"Provided that the State

Government may, by notification in the

oflicial Gazette extend the whole or

any

part

or

any Section of this Act to

any of the

hill areas of

Manipur

also as

may be specified ^{in such}

notification."

2. In

this

Act,

"Principal

Act" means the

Manipur

Land Revenue andLand

Reforms Act, ¹⁹⁶⁰

(Central ^Act

No. 33

of

1960)

as

amended on

the 21st

January, 1972,

by

the Manipur (Adaptation ^of

Laws)

Order, 1972, ^andas

further amended on

the same

date

by Order No.

3/9/72-Act/L ofthe

Governor of

Manipur.

3. In

section 2

of the

Pricipal

Act~ (a)

clause

(a)

shall^be

omitted;

(b) ⁱⁿ

clause

(0), ^forthe

words^and

figures

"2.50

acres",

the words

"one

hectare" shall be

substituted;

(0) ⁱⁿclause

(h), ^forthewords ^and

figures ^"7.5

acres",

the words

"three

hectares" shall be

substituted; '

(d) ⁱⁿ

clause

(i), ^forthewords "Central

Government" the

words "State

Government"

shall be

substituted;

(e) ^inthe

existing

clause

(t),

after

putting

acomma

after the words

"Agricultural workers" the word

"ex-servicemen" shall be

inserted; Short title

'& commence- ment.

Definition. Amendment of section 2.

Amendment of section ^4. Amendment of section ^7. Amendment of section ^9. Amendment of section

1 2.

Insertion of section 13A. -2-

I

(t) ⁱⁿclause ^{(v), the}words^"orunder^the

system generally

known^as

'bhag',

'adhi^or barga'

"

shall ^be

omitted; (g)

After clause

(V), ^the

following

clause shall ^beinserted^as

clause

(vv), namely—

"(vv)

'Tribunal'

means ^anyofficer

appinted

by ^theState Government^tobethe Tribunal ^forthepurpose^{ofthis Aand}any other ^{law forthetime}

being ⁱⁿ force ^intheState^of

Manipur._"

4. In section ⁴

of the

Principal

Act,

for the clauses

(a) ^to

(k),

the

following

clauses shall ^be

substituted,

namely—

"(21)

Revenue

Commissioner;

(b) Deputy

Commissioner; (c)

Additional

Deputy

Comissioner; (d)

Director^ofSettlement ^andLand

Records; (e)

Sub-Divisional

Officers; (t)

ExtraAssistant

Commissioners; (g)

Survey ^andSettlement

Officers;

(11)

Assistant

Survey ^andSettlement

Officers;

(1) Sub—Deputy

Collectors;

(3)

Revenue

Inspectors;

(k) Supervisor

Kanangos;

(l) ^Jilladars; (m)

Mandols; ^and '

(n) ^Suchother

village

officers ^{as maybe}

appointed

by

order^madeunder^this

Act,".

5. The

existing

section ⁷of the

Principal ^Act

shall

be renumbered ^assub-section

(1)

thereofandⁱⁿsub—section

(1) ^assorenumbered^forthewords

"State

Government",

the words

"revenue commissioner"

shall

be substituted and

the

following

shall

be inserted ^assub-section

(2)

after sub—section

(1) ^so

renumbered,

namely—

"(2) ^AllRevenue Officers ^inthe

Settlement

Department

shall^besubordinate^tothe Director of Settlement and Land

Records,".

6. In section ⁹of the

Principal^Actfor the words

"and

village

accountants" the words

"supervisor

Kanangos,

Zilladars,

mandols"

shall be substituted.

7. In

section 12 of the

Prmcrpal

Act,

for sub—section

(2),

the

following

sub—section shall be

substituted

namely——

"(2) ^Alltrees^orother natural

products growing ^{onor by the sideofany}public ^{road or} path ^vestinthe

Government,"

8. After section 13 of

the

Principal Act,

the

following

section 13A shall

be

inserted, namely— ^. mm ^to

13A

(1)

The

Deputy Commissionerwiththeprevious

sanctionof

the State

Government, fishfiries

may by

notification

published in the

prescribed

manner declare any collection of water, running ^or

still, ^tobea

fishery, ^andno

right^{in any}fishery ^sodeclared

shall^bedeemed to have been

acquired

by any person ^or

group of persons,

either before^orafter the commencement of this

Act, except ^as

provided

in the rules flamed

under

sub—section

(2).

(2)

-3- The

State Government ^may, without

prejudice ^tothe

generality ofthe

provisions

of section 98,

make

rules ^for

carrying out the

purposes

of this section

and such

rules shall ^be published ^intheOfficial Gazette,".

'

9.' ^Insections

17

and 18 of ^the

Principal ^Act for the words, ^"oneacre"

wherever they Amendment occur, the words 'two—fifihs of ^ahectare"

shall ^be substituted. 2; SE?"

10. ^Insection

26 of the

Principal

Act,

for the word

"

e" occurring

in the second

line, Amendment the word

"it" shall

be substituted, and ^theWords

"with the

approval

of

the Government,"

"seem" ^' occurring ^inthesecond and third ^lineshall ^be deleted.

ll.

26.

In section

34 of

the Principal Act, ^forsub—section (1), the following

shall

be Amendment substituted, namely— of section

34.

"(1) ^TheGovernment may confirm,

withmodification,

ifany, the

table ^of

revenue rates submittedby

the settlement ofiicer,".

12. ^Insection

37 of the Principal

Act,

for

clause

(b) of sub—section (2)

thereof, the

Amendment following

shall^besubstituted, namely—

of section

37.

"(b) ^TheGovernment may extend

the term of settlement

if

the circumstances of a local

area be such

that a

fresh

determination of the

revenue^{rate may} be

inexpedient: ^.

"Provided ^{thatthe term} of settlement ^soextended shall ⁱⁿnocase exceed the

.

period ^{of ten}

years,?'.

13. ^Insection 38,

for the full-stop at the end

of sub—section (1) thereof^acolon shall ^be Amendment

substituted, ^andthereafier the following proviso

shall be inserted, namely— \

~

32590110"

Provided ^{that the}

revenue of any holding, irrespective of ^itssizeshall ^{notbe less} than

rupees

two3'

14. Section

44 of

the

Principal Act shall

be omitted. Omission ^of section ^44.

15. ^Insection

46 Of the

Principal

ACt, Amendment _

.

' of section ^46.

(l) ^_insub—section^(2), for ^theword "mortgage"

occurring ^inthesecond

line, the word

"exchange"

shall ^besubstituted;

(2) ⁱⁿsub—section (5) for the 'full-stop' ^atthe end ^a'colon'

shall ^be substituted, ^and there after, the followingproviso shall ^beinserted, namely—

"Provided that

aperson, who ^{does not}

acquire ^anyright under sub-section (2) ^or

by mortgage ^or

lease, shall ^notmake

objection on the basis

of

possession."

l6.

namely—

After

Chapter^Vof ^the

Principal Act, ^thefollowing Chapter V—A shall be

inserted,

18:6"!!sz

.

apter -

.

Definitions. Petition ^for partition. Partition ⁱⁿ accordance with

finding of civil court. -4-

"CHAPTER ^V—A '

PARTITION

51A. For the purposes of this

Chapter,

(a) 'Fragment'

means ^a

holding ^{ofless thanone}hectare^{of landin}area;

03) 'holding'

means^the

aggregate ^{areaof landheld by a}

person ^asa

landowner; (c)

"land'^asdistinct^fromthedefinition

given ⁱⁿsection ^{13 5,}

includes ^landused for

non-agricultural

purposes;

(d) 'partition'

means^thedivision^{of a}

holding ^{into twoor moresuch}

holdings each

separately

liable ^forthe revenue assessed

thereon. Sl—B.(l) (A

landowner^{may at any}time, ^byapplying ⁱⁿ

writing ^tothe

Deputy Commissioner,

claim

partition ^{of the}

holding.

(2) ^On

receipt ^{ofsuch an}

application ^the

Deputy

Commissioner

shall

serve notice ^on all

such recorded

landowner ^ofthe ^{landashavenot}

joined

in ^the

application, requiring

them ^toraise objections, ^ifany,within ^a

prescribed

period:

Provided

that

the

Deputy

Commissioner may,^ifhethinks it necessary,

publish ^a proclamation ^{as maybe}

prescribed.

(3)

Ifany objection preferred

under sub—section

(2)

raises^anyquestion ^of

title which has ^notbeen

already

determined

by ^acourt of

competent jurisdiction, ^the

Deputy Commissioner shall

stay

the

proceedings

for such ^timeas,in^his

opinion, ^issufficient ^toadmit of a

suit

being

instituted

in the civil

court of the

objection.

(4) ^The

Deputy

Commissioner

staying ^the

proceeding

under sub-section

(3)

shall ^make an

order

requiring

the

objector,

or, iffor any

reason he deems it

more

equitable,

the

applicant, to

institute such ^{asuit not}

being

instituted

within^that

time, may disallow^the

objection, ^ordismiss^the application, ^{asthecase maybe.}

(5)

Ifthe

objectionpreferred

under sub—section

(2) ^{does not}raise^any

question ^of

title, the

Deputy

Commissioner shall

dispose

of ^it

himself;

unless for^any

reason^hethinks it fit to

require ^{that itbe}submitted ^toacivil

court^for

adjudication, ⁱⁿwhich

event^the

provisions of

sub-section

(3) ^andsub—section

(4)

shall

apply ^tothe

objection.

5 l—C. The

Deputy

Commissioner

shall

be

guided

by

the decision

of the civil court of competentjurisdiction ^onthe

question ^of

title, ^andthe

proceedings

stayed

under sub-section

(3)

and sub—section

(5) ^ofsection ^{5 l-B}shall ^be

disposed

of ^whenthedecision of ^thecivil

court^is communicated ^tothe

Sub-Deputy

Collector

by ^aninterested

party

and

after notice ^hasbeen given ^totheother

parties.

-5-

51 -D.

The prowsrons of this

Chapter

shallinrelation to

holdings

unused for

agricultural

Restriction purposes, be

subject ^to

section

153,

section 154

and

section 155

for

prevention

of 0"

pamwn' Fragmentation. 5 l

-E.

(1)

Where there are no

lands held111

common, the

lands held1n

severalty by

the 1pplicant ^for

partition

shall^bedeclared^a

separate

holding ^andshall be

separately

assessed to and revenue.

(2)

Where^someofthe

lands^areheldincommon,^the

Sub-Deputy

Collector shall make such

division as

may

secure

to the

applicant

his fair portion

of common

lands

falling

by

the )artition to the

share of

the

applicant

shall be

added to

the landheld

by

him in

severalty,

and the ngregate ^thus

formed

shall be declared a

separate

holding

and

shall

be

separately

assessed to and revenue.

(3)

Where^allthe

lands^areheldincommon,^the

Deputy

Comissioner shall make such a )artition as

may

secure to

the

applicant

his fair

share of the

holding,

and the land

allotted to him hall be

declared a

separate

holding

and shall

be

separately

assessed to

land revenue:

Provided thatin

making

partition

under this section the

Deputy

Commissioner shall

give ffect to

any transfer of

lands

held1n

severally, forming part

of the

holding, agreed

to

by

the varties and made

before the order for

partition 5 1 -F.

If,

in

making

a

partition,

it is necessary

to

include in the

holding assigned

to one hare the

land

occupied by

a

dwelling

house,

or

other

buildings,

of

permanent nature,

in 1ossession of another co— s—harer,

that other co- s—harer shall be

allowed to

retain in

with any luilding

thereon^on

condition^{of his}

paying ^a

reasonable

ground-rent

for1t to

the Sharerin

whose uortion itmay fall

5

1

-G.

(1)

Places of worship

and burial

grounds,

held in common

previous

to

the

order 1f

partition

of a

holding,

shall continue to be so

held,

unless the

parties

otherwise agree

among iemselves.

(2) ^Incases where^the

parties agree among themselves

they

shall state

in

writing

the greement ^intowhich

they ^have

entered, ^andtheir statement

shall be filed

with the record. 51 —H

(1)Tanks,

wells,

water courses

and

embankments shall be considered ^asattached3 land for the

benefit of

which

they

were

originally

made.

-

(2)

Where^fromthe

extend,

situation^or

contruction of any such

work,

it is

found .ecessary that it

should continue^tobe the

joint property

of

landowners to

two or more

of the Oldings ⁱⁿ

which^the

holding ^is

divided, ^the

Deputy

Commissioner shall

determine the extent to vhich the

landowners of each

holding may make use

of the

work,

and the

proportion

of the barges ^for

repairs ^{tobe home}

by ^them

respectively,

and

the manner in

which the

profits,

if any, erived from the

work,

are to

be

divided Partition of land held in severalty ^or in common. Special

provisions for

buildings. Special

provisions for

places of

worship &

burial grounds. Special provisions for

tanks, well water courses

and embank- ments.

-6-

Stay of^.51—1.^{Ifat any}

stage ^{of the}

proceedings

notwithstanding

anything

contained^inthis 5:15;?"

m

Chapter,

there appears ^tobeany

reason^for

stopping ^the

partition, ^the

Deputy

Commissioner cases, may, of his

own

motion, stay

the

partition

and may also order the

proceedings

to be

quashed. Detérmi} 5 l -J . After passing

the order for partition,

the

Deputy

Commissioner shall determine

the nation ⁰ revenue amount of

land revenue^tobe

paid

by

each

portion

of

the divided

holding,

and

shall

make the rate and

necessary changes

in the

record of

rights:

alteration ofrecord of

right3~ . .

. . .

Provrded that ^thelandowners of ^each

of the ^new

holdings

shall continue^tobeJomtly

and severally

liable ^forarrears,^ifany,oflandrevenue^ontheold

holdings ^duebefore^theorder^for partition, ^{and the}landowners^{who are}benefitted ^{by the}

special

provisions

under section ^{5l -H} and

section ^{5 1—1}shall^be

jointly ^and

severally

liable^forland

revenue^onthecommon

holdings. Execution of 5 1-K.

As^{soon as}

may be,

after

the order

for

partition

the

Sub—Deputy

Collector shall— partition ^and Exlma' ^{(a) makethe}

partition

under^his

personal supervision ^orunder^the

personal supervision ^{of a}subordinate

revenue

officer,

authorised ^{by him,}

unless ^the

parties agree ^tomake

the

partition

themselves;

and (b)

deliver^totheseveral sharers

possession ^ofthe

separate

lands

allotted ^to

them, and for this purpose may, of necessary summarily eject

any landowner who may refuse ^tovacate^the

same:

Provided ^{thatinthe caseofland usedfor}

agricultural

purposes,^the

partition

shall take effect

from the

beginning

of the

agricultural

year ^nextafter

the date of

the order for partition

(0) ^on

completion ^{of a}

partition, ^the

Deputy Commissioner

shall

publish ^a

proclamation of the fact ^athis office and ^atsome

conspicuous place ^onwhich all ^thenewholding of which

they originally

form^a

part. Cost. ^{5 l-L.}The

Deputy

Commissioner may,ⁱⁿaccordance with ^therules made under section

98,

require

the

parties ^or

any of the

parties ^to

any the cost of partition.

Appeal.

51-M. ^An

appeal

against ^thedecision^ofthe

Deputy

Comrnissoner,

making the

partition

will ^lietotheTribunal within ninety

days

fiom ^{thedate on}which the

partition

takes

effect".

Amendment ^17.Insection^{84of the}

Principal ^{Act, in}sub—section ^(1), for ^thewords

"State 2256""

Government"^theword"Tribunal" shall ^be

substituted. Amendment 18.

At the end of sub-section

(2),

for

the

"full-stop" ^a"colon" shall be substituted

and ggseaion

thereafter ^the

following proviso

shall ^be

inserted,

namely,—

-7-

"Provided ^thatWhere

there ^{are more}

parties ^{thanone,andsomeofthem do} not

appear, the

Revenue

Ofiicer, may, ^atthe

instance of ^the

party ^orthe

parties appearing, permit ^acaseor

proceeding ^to

proceed in the ^same

way ^asif all the parties ^had

appeared, ^andmakesuch

order ^ashethinks

fit,".

'

l

19. ^Insection

95 of

the

Principal

Act,

(1) ^thewords ^"atanytime"

occurring ⁱⁿ the second

line shall

be omitted.

(2)

after ^the

proviso ^tosection ^{95, the}

following second

proviso

shall be

added, namely,—

"Provided

further ^{that no}revision shall ^lieafier^the

expiry of

ninety days

from ^the date of

the

order ^tobe revised."

20. The

existing

sections

101,

102, 103,

104,

and 105 of

the

Principal

Act shall ^be omitted. 21 . For the

existing

section

106 of the

Principal

Act,

the

following shall ^be

substituted, namely,—

106

('1)

Save ^asotherwise

provided

in this section ^noland

owner

shall, after the commencement of section 16 of the

Manipur

Land

Revenue and Land

Reforms

(Amendment) Act, ¹⁹⁷⁵transfer

by ^wayof

lease^for

period

whatsoever^anyland

comprised in this

holding and any transfer

by

way of

lease made ⁱⁿcontravention

of this sub—section shall

be void and inoperative.

(2) ^A

person under

disability ^{or a}

public

charitable or

religious

institution

or ^alocal authority ^ora

Society Registered

under ^the

Assam

Co-Operative Societies

Act, 1949, ^asin force ⁱⁿthe State of

Manipur,

may lease the whole ^{or any}

part

of

his^or its

holding:

Provided ^thatany lease

granted ⁱⁿ

pursuance ^ofthissub-section

by a

person under disability

shall

cease^tobein

force after cessation^{of the}

disability. Explanation—For ^the

purpose ^ofthissub-section ^the

disability of ^a

person shall

cease.

(a) ^{Inthe caseof a}

widow, ^ifshe

remarries, ^on the date of

her

marriage ^orifany person succeeds ^tothe widow ^onher

death, ^on the date of ^her

death;

(b) ^{inthe caseof a}

minor, ^{onthedateofhis}

attaining majority;

(c) ^{in the caseof a}woman^whoisunmarried or who

is divorced ^or

judicially separated ^fromher

husband, ^{onthe dateof her}

marriage ^asthe case

may be, /

or in the

case of

a woman

or

remarriage

whose husband

is a

person falling under

clause

(d) ^orclause

(e), ^onthedateof

which the

disability of the. husband ceases; Amendment

of section

95.

Omission of sections 101 to 105. Amendment of section

1 06.

"Right ^to lease.

-3-

(d) ^{inthe caseof a}

person^{whois a}member of

theArmed

Forces of ^the

Union, on the date of

his

discharge

from service

or of

his

posting

to the reserve;

(e) ^{inthe caseof a}

person suffering ^from

aphysical ^ormental

disability,^{on the} date ^onwhich the

disability

ceases^to

exist; (f)

within ^{one yearofthe}cessation^{of the}

disability referred ^toinsub-section

(2),

the land

owner

shall, notwithstanding anything

contained ⁱⁿsection

119, ^be entitled ^to

resume^for

personal

cultivation ^thelandheld

by ^the

tenant^not exceeding ^{onehalfof the areaofsuch}land:

Provided ^{that no}

resumption

under^thissub—section

shall ^bemadewhich would

have the effect ^of

leaving

the

tenant after^such

resumption^{withlessthan one} hectare

of land."

Amemlmem ^22.Insection ^{199of the}

Principal ^Act, of

section

.

119.

(a)

Clauses ^{(a) & (b) of}sub-section ⁽¹⁾ shall ^be

omitted, ^{and the}

remaining '

clauses shall ^berenumbered ^asclauses

(a), (b) ^&

(0)

thereof;

and ^forthe words "six months"

occurring

inthe second

line of

the

proviso ^toclause

(b) thereof ^asso

renumbered, ^theword ^"one

year"

shall ^be

substituted;

and (b)

sub-sections ^{(3) & (4)}

shall ^beomitted. Omission 23. Section

120 and

121 shall be omitted.

of

sections

,

120 ^&12]. Amendment 24. In sub—section

(1)

of section

124 of

the

Principal

Act,

for the words and

figures firm" ^{"the6th day of}

March, 1956", the words and

figures

"the 6th

day

of

March,

1966" shall be

'

substituted. Amendment ^25.Forthe

existing section ^126ofthe

Principal

Act, ^the

following

shall ^be (Eamon

substituted,—

"Surrender

126.

(1)

No surrender ^orabandonment

by ^atenant of any holding ^or

any

part fgngd by

thereof

shall

be valid

unless

such surrender

or abandonment

has been

previously '

approved ^{by the}

Deputy

Commissioner. '

(2) ^Any

tenant

desiring ^tosurrender ^orabandon ^his

holding or

any

part

thereof or the land

owner of

such

holding may furnish information

thereof in

writing

to the

Deputy Commissioner.

(3) ^On

receipt ^ofinformation

under sub—section

(2),

the

Deputy

Commissioner may, after

making ^or

causing ^tobe made such

inquiry and ⁱⁿsuch

manner ^{as may} be

prescribed,

by

order,

either approve ^or

disapprove the

proposed

surrender ^or abandonment:

-9-

Provided that no surrender or

abandonment shall be

disapproved

unless the tenant has

been

given

as

opportunity

of

being

heard in

the matter.

(4)

Where^thesurrender^or

abandonment^ofany holding ^or

part

thereof

is. approved

by ^the

Deputy

Commissioner under^this

section, ^the

holding ^or

part thereof^so surrendered or

abandoned shall be settled

by

the Government:

(i)

Where^such

surrender^orabandonment^wasmade

by ^a

person belonging ^{to a}

scheduled

tribe^orscheduled caste^withanother person belonging ^tothe

scheduled tribe^{or the}scheduled

caste, ^asthecase may be;

01'

(ii) A^casewhere^no

person

belonging ^{to the}Scheduled tribe^orscheduled caste is available or

willing

to take settlement under clause

(i),

or in any ^. other case, with the

priority

specified

in

section

147-A.

(5) Every person ^onwhomany

holding ^or

part

thereofis settled

under

sub-section

(4)

shall hold the same as a

tenant and

shall have the same

rights

and

obligations

as the

tenant

who surrenderd or

abandoned the

holding

or

part

thereof.

(6)

Where any

tenant surrenders^orabandons^his

holding ^ofany

part

thereofwithout the

previous

approval

of the

Deputy

Commissioner and

the

holding

or

part

thereof so surrendered ^or

abandoned^istaken

possession ^of

by ^thelandowner, then, ^it

shall ^be competent ^forthe

Deputy

Commissioner

(after

giving ^the

landowner^an

opportunity ^of

being heard in the

matter)

to

impose

on the

landowner

a

penalty

of an

amount not

exceeding

five hundred rupees per hectare of the land so

surrenderd or

abandoned for each year

or

any

part thereof

during

which the

possession

is continued."

Amendment of

section

128.

Amendment of section

1 29,

Amendment of section

1 30.

Amendment of section

132.

-10- Provided ^thatany lease

granted ⁱⁿpursuance^of

this

sub—section,

by ^a

person under disability

shall cease^tobein

force after^the

cessation^ofthe

disability. Explanationz— '

In ^this

sub-section, ^the

disability ^{of a}

person shall

cease under

any ^of the circumstances

specified

in the

Explanation ^tosub-section

(2)

ofsection 106.

(3)

Within ^{one yearofthe}

cessation^ofthe

disability

referred ^toinsub—section

(2),

the landowner

shall,

notwithstanding anything

contained

in section

119,

be entitled ^to resume for

personal

cultivation the

land held

by

the tenant

not

exceeding

one-half of the ^areaof such land:

Provided that ^no

resumption

under this sub—section

shall^bemade whichwould ^have the effect of

leaving

the

tenant after such

resumption

with less than^onehectare of lan ^."

27. ^In

section

128 of

the

Principal

Act,

in sub—section

(3),

for the word "declaration"

the word

"notification",

shall ^besubstituted.

28. In section 129 of

the

Principal

Act,

in sub-section

(2),

/ (a)

for the word "declaration"

occurring

in

the first

line,

the word

"notification", shall be

substituted;

(b) ^{for the}

figures ^andwords ^"2

V2 ^percent"

occurring ^inthethird

line, ^thewords

"four per cent",

shall ^besubstituted.

29. In section 130 of the

Principal

Act,

in sub—section

(2),

for

the

figures

and

words

"2

1/2

per cent"

occurring

in the third

and fourth

line,

the words "four per cent" shall be substituted.

3 O.

in

section

132 of the

Principal

Act,

afier sub-section

(6),

the

following

sub-section shall be inserted

namely:

"(7) ^Ifalandowner sells^hislandincontravention^of

sub—section

(1), ^the

tenant, within ^twomonths ^fromthedate of his

knowlege

of such

sale, may

apply ⁱⁿwriting ^tothe competent authority expressing ^hisintention ^to

purchase ^{theland atthe}

price received'by the landowner ^oratthe reasonable

price

determined

under sub—section

(2). ^The competent authority,

after

giving

opportunity ^of

being

heard ^tothe

landowner, ^the

.

purchaser ^{andto any}other person interested ^inthe

land, ^andifsatisfied ^thatthesale has been madeⁱⁿcontravention

of sub-section

(1),

may ask the

tenant ^to

deposit

the amount of

the

price actually paid ^orthe reasonable

price,

whichever¹⁵

less,

within such

period ^as

may^be

prescribed,

and upon deposit ^ofsuch

amount

by ^the

tenant, the

competent authority

shall pass anorder

allowing

the

application

of

preamption and

thereupon ^the

provision ^of

sections

(4) ^to

(6)

shall ^be

applicable

mutatis mutandis.".

-11-

31 ^.

In section

134 of

the

Principal

Act,

after the word "Government"

occurring

in the m

line,

the

words,

"or the Central Government"

shall be

added. ' I 2.

In section

135 of

the

Principal

Act,

for

the

existing

clauses

(a), (b)

and

(c),

the firming

clauses shall ^be

substituted;

namely,—

"(3) Cb)

(C)

(d) (e) :amely,—'

"Ceiling ^on holdings. 'adult

son', ⁱⁿrelation ^{to a}

person

means ^asonwhohasattained ^theageof majority ^andincludes ^thewidow^{and the}

children, ^{ifany,of a}

pre—deceased son;

'unmarrled adult

daughter', ⁱⁿrelation ^toa

person

means^the

daughter ^who has attained

the age of

majority

and includes ^a

divorcee; 'farnily' ^,inrelation ^{to a}

person

means,^theperson,^{thewife or}husband as the

case

may be,

and

the minor

sons

and unmarried

minor

daughters; 'ceiling

limit'^,inrelation ^to

land,

means^thelimit fixed under section

1

36;

and 'land' , does ^notinclude land

used for

non—agricultural purposes".

33. For the

existing

section

136 of the

Principal

Act,

the

following

shall

be

substituted,

13 6.

(1)

No personby

himself, ^orif he

has^a

family, together

with any other member of his

family (hereinafter

referred ^{to as}the

perSon representing ^the

family)

shall,

whether ^aslandowner ^{or as}

amortgagee with

possession ^or

otherwise, ^or

partly

in ^one

capacity

and

partly in

another, ^{hold land in}

excess^offivehectaresⁱⁿ

class^I

land ^{and six}hectares in class 11

land; ^» Provided ^thatwhere thenumber ^ofmembers ^ofthe

family

ofsuch person exceeds five, ^hemay^holdoneadditional

hectare^foreachmemberⁱⁿ

excess^offive in the ^caseof class I^landand six in

class 11

land, ^sohowever ^asnottoexceed ⁸hectares in class

1 land and ¹⁰

hectares

in class ¹¹land ⁱⁿthe

aggregate; Provided

further ^thatwhere^{in a}

family ^bothhusband ^{andWifehold land}

separately and ^the

aggregate ^areaof

such land exceed

the

ceiling

limit,

the

excess land ^thatshall vest

in the Government shall bear the ^same

proportion ^asthe extent of land

held

by

them.

(2)

Notwithstanding

anything

contained insub—section ^(1),

aperson ^may,in addition ^to

the ^landwhich ^hemay hold under ^that

sub—section,

hold

(from ^outof the land

.

owned or^held

by

him) ⁱⁿ

respect ^ofhis adult ^sonandunmarried

daughter;

(i) ^{in acase}where^theadult ^{sondoes notholdany}land, ^{somuch land} as

not

exceeding ^onehalfof

the land the adult ^son

may hold under sub-section

(1); ^, Amendment of section

134.

Amendment

-12-

(ii) ^{in case}where ^theadult son holds land

less than

one halfof

that land permitted

under sub—section ^(1), so much land

as

together

with

the land

held

by the adult ^sondoes ^notexceed ^onehalfof

the land which ^theadult ^son

may^{hold .} the

sub-section; '

(Iii) ^{in acase}where ^theunmarried

daughter does

nothold any land ^somuch land ^asnot

exceeding ^onehectareⁱⁿ

respect ^ofeach unmarried

adult

daughter;

(iv) ^{in acase}where^the adult unmarried

daughter

holds

land ^less than ^one

hectare, ^somuch

land ^as

together

with the land held

by

the adult unmarried

daughter ^{does not}exceed ^onehectare.

(3)

Unless otherwise

exempted under section ¹⁵⁰for ^the

purpose of

this

Chapter, ⁱⁿ the ^caseof ^a

company, ^anassociation or

body

of individuals,

the

ceiling limit shall ^befive hectares in the ^caseof

class

I and six

hectares in ^{the case}of

class ¹¹land. Explanation:

Class ^1land means land which

has

irrigation

facilities.

Class II land means the land

other

than class 1 land. 1 36—A.

In

determining

the

excess land

in

respect

of ^a

person, the

followingprinciples shall ^be

followed,

namely,—

(a) ^anylandwhich ^was transferred

by

sales,

gift ^orotherwise ^or

partitioned

by '

the

person during

the

period

beginning with ^{the21 st}

day ^ofJanuary, ^1971and

ending ^with the commencement

of section

28 of

the

Manipur Land

Revenue^andLandReforms (Amendment) ^{Act, 1975}shall ^be taken ^into

account ^asif such

land had not been transferred ^or

partitioned, ^{asthe case may}be; (b)

homestead

lands shall ^not be taken ^into

account;

(0)

Where^the

person ^{is a}member of any association ^or

body ^ofindividuals and

holds

a

share in the land

held

by

such association ^or

body

of

individuals, his share be taken into account; (d)

lands ⁱⁿ

possession ^{of a}tenant or a

mortgagee

shall

be deemed to be lands held

by ^the

person. Explanationz— ^Forthe

purpose ofthis sub—section

"homestead

land"

means^the land ^on which ^the

homestead,

whether

used

by ^the

owner ^or let ^cuton

rent, stands

together

with^any courtyard, compound ^andattached

garden, not

exceeding ^twofifth of ahectare

in the

aggregate. 136—B(l).

Except

where ^heis

permitted ⁱⁿ

writing ^by the

Deputy

Commissioner ^soto

do, no

person holding

land in

excess of ^the

ceiling

limit

shall,

after^thecommencement of

section

28

of the

Manipur

Land

Revenue and

Land Reforms

(Amendment)

Act, 1975,

transfer by

sale,