Section 168B

Section 168B of Tlr&lr Act. 1960. (a) If any land is transferred or partitioned by a person, holding land in excess of the ceiling limit, after the 24th January, 1971 or in contravention of the provisions of Section 168, except as otherwise provided in this sub-section, then in calculating the ceiling limit of land which that person

(1) (a) If any land is transferred or partitioned by a person, holding land in excess of the ceiling limit, after the 24th January, 1971 or in contravention of the provisions of Section 168, except as otherwise provided in this sub-section, then in calculating the ceiling limit of land which that person is entitled to hold, the area so transferred or partitioned shall be taken into consideration, and land exceeding the ceiling limit so calculated be deemed to be in excess of ceiling limit notwithstanding that the land remaining with him may not in fact be in excess of the ceiling limit: adia Provided that the provisions of this sub-section shall not apply to the bonafide transfer or partition of any land effected between the 24th January, 1971 and the date of enforcement of the Tripura Land Revenue and Land Reforms (Second Amendment) Ordinance, 1974 and that the onus of providing the bonafide nature of such transfer or partition shall be on the person who makes the transfer or, as the case may be, effects the partition, to be determined in the manner prescribed.

(b) If by reason of such transfer or partition the remaining land of the person is less than the area so calculated to be in excess of the ceiling limit, then his all such remaining land shall be estimated to be excess land; and out of the land so transferred or partitioned and in possession of his transferee unless such land is liable to forfeiture under the provisions of sub-section (3) land to the extent of such deficiency shall also be deemed to be excess land notwithstanding that the holding of the transferee may not in fact be in excess of the ceiling limit.

(c) Where the excess land is to be selected out of the lands of more than one transferee, such land should be selected out of the land held by such of the transferees in the same proportion the area of the land transferred to him bears to the total area of the lands transferred to all the transferees. Consideration of any land so transferred or partitioned Explanation .- For the purpose of sub-section (1) "transfer" and "partition" have the same meaning as in section 168.

(2) Notwithstanding anything hereinbefore contained, the excess land to be selected in no case includes the homestead land of a person.

Explanation .- For the purposes 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, tank, compound and attached garden, not exceeding 0.40 hectare in the aggregate.

(3) Where any land is acquired in willful contravention of the provision of section 168A or is obtained by collusive proceedings in any court, then as a penalty therefore the right, title and interest of that person in the land shall, subject to the provisions of this Chapter, be forfeited and shall be deemed to be transferred to, and shall vest without further assurance in the State Government.

Section 168B, Tlr&lr Act. 1960 (Act 43 of 1960).