Section 186

Section 186 of Tlr&lr Act. 1960. After the commencement of this Act and before the vesting date referred to in sub-section (1) of section 134, -- (a) the provisions of sections 111 to 117 shall, so far as may be, apply to tenants and sub-tenants as defined in clause (d) of section 133;

(1) After the commencement of this Act and before the vesting date referred to in sub-section (1) of section 134, -- (a) the provisions of sections 111 to 117 shall, so far as may be, apply to tenants and sub-tenants as defined in clause (d) of section 133;

(b) no such tenant or sub-tenant shall surrender any land held by him as such and no person shall enter upon any such land unless such surrender in bonafide and is make with the previous permission in writing of the competent authority;

(c) no such tenant or sub-tenant shall, whether in execution of a decree or order of court or otherwise, be evicted from any such land on any ground other than those specified in clauses (c) and (d) of sub-section (1) of section 118, and any proceeding for eviction of such tenant or sub-tenant on any ground other than those specified in the said clauses (c) and (d) pending at such commencement shall abate without prejudice to any action that may be taken under the provisions of this Act.

(2) Where, on or after the 10th day of August, 1957 and before the commencement of this Act, any such tenant or sub-tenant has surrendered any land held by him as such 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, either on his own motion or on application made by the tenant or sub-tenant in this behalf, restore him to possession of the land which has been surrendered or from which he has been evicted. "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. Protection against eviction or surrender certain cases 1 [Special provision regarding scheduled Tribes] Explanation .- In this sub-section, the expression 'a bank' shall have the same meaning as in section 109. 4 of 1882 (2) (a) Notwithstanding anything contained in the transfer of Property Act, 1882, but subject to the provisions 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 recognized as valid in any court, Tribunal or Authority. 3.

(a) "No decree or order shall be passed by any court, Tribunal or Authority in any case other than the case as specify in Clause (c) of sub-section (1) for the sale of the land or any portion thereof, of a person belonging to a Scheduled tribe nor shall any such land be sold in execution of any decree or order"

(b) "This sub-section shall come into force on such date as the State Government may be notification in the official Gazette appoint." C 1. Amended by the Second Amendment Act, 1974. 2. Amended by the Sixth Amendment Act, 18th Oct 1996. 3. Amended by the Seventh Amendment Act, 1997.

Provided that such order shall have effect from the first day of Baisakhnest following the date of the order. 4. No decree or order shall be passed by any court for the sale of the land or any portion thereof, of a person belonging to a Scheduled tribe nor shall any such land be sold in execution of any decree or order. 5. When a certificate is filed for recovery of an arrear of land revenue in respect of the land of a person belonging to a Scheduled Tribe, the Certificate Officer shall, before a proclamation for sale of the land is issue in execution of the certificate, refer the case to a revenue officer appointed under clause (a) of sub-section (3) who may sell the land to a member of the Scheduled Tribes, if available, and if not available, to any other person at a fair market price to be fixed by such revenue officer, not being less than the amount due in respect of the certificate:

Provided that if the homestead of the defaulting person is comprised in the land such homestead shall not be sold:

Provided further that any amount remaining out of the sale proceeds after satisfaction of the amount due in respect of the certificate shall be paid to the defaulting person.

Section 186, Tlr&lr Act. 1960 (Act 43 of 1960).