Section 46

Section 46 of Tlr&lr Act. 1960. There shall be maintained for every village a register mutations in such form as may be prescribed.

(1) There shall be maintained for every village a register mutations in such form as may be prescribed. 3. Any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, lease or otherwise any right in land or, where such person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property, shall report his acquisition of such right to the village accountant within three months from the date of such acquisition and the village accountant shall give at once a written acknowledgement in the prescribed form for such report to the person making it. 4. The village accountant shall enter the substance of every report made to him under sub-section (2) in the register of mutation and also make an entry therein respecting the acquisition of any right of the kind mentioned in sub-section (2) which he has reason to believe to have taken place and of which a report has not been made under the said sub-section and, at the same time, shall post up a complete copy of the entry in a conspicuous place in the village and shall give written intimation to all persons appearing from the record of rights or the register of mutations to be interested in the mutations and to any other person whom he has reason to believe to be interested therein. 5. Should any objection to an entry made under sub-section (3) in the register of mutations be made either orally or in writing to the village accountant, he shall entry the particulars of the objection in the register of disputed cases and shall at once give a written acknowledgement in the prescribed form for the objection to the person making it. 6. The objections made under sub-section (4) shall be decided on the basis of possession by the competent authority and orders disposing of objections entered in the register of disputed cases shall be recorded in the register of mutations by the competent authority. 7. After the entries in the register of mutations have been tested and found correct, the entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in this behalf. 3["Provided that, the provisions of this Sub-Section shall not apply to leases made under the provisions of the Tripura Agricultural Land Leasing Act, 2021. 1[Explanation. - This sub-section does not apply to base by which a Bargadar acquires any rights in land.] Register of Bargadars. 3[46.A.

(1) A register of Bargadars shall be maintained for every village in such from as may be prescribed. 1. Amended by Fifth Amendment Act. 1979. 2. Amended ibid. 3. Amended by twelfth Amendment Act, 2021 (2) A person lawfully recognized by a revenue officer not bellow the rank of Collector for cultivating any land for a continuous period of at least 10 (ten) consecutive years, which is not under personal cultivation of the person to whom the land belongs, and of whose family the former is not a member, shall be presumed to be a Bargadar in respect of such land and land ancillary thereto subject to the provisions of section 187 and the burden of proving that such person is not a Bargadar or that the land is in his personal cultivation shall, notwithstanding anything to the contrary contained in any other law for the time being in force, lie on the person who alleges that the person cultivating the land is not a Bargadar in respect of such land.

Explanation .- The term 'family' in this sub-section shall have the same meaning as in Chapter XIII of the Act.

(3) A Bargadar of a person presumed to be a Bargadar shall report his acquisition of such right to the village accountant who shall give at once a written acknowledgement in the prescribed form for such report to the person making it.

(4) The village accountant shall enter the substance of every report made to him under sub-section (3) in the register of Bargadars and also make an entry therein respecting the acquisition of any right of the kind mentioned in sub-section (2) which he has reason to believe to have taken place and of which a report has not been made under the said sub-section.

(5) the competent authority shall cause to serve the complete copy of the entries in the register of Bargadars on all the interested persons inviting objections, if any, within thirty days from the date of service of the copy.

(6) The competent authority shall consider and dispose of summarily the objections field, if any, under sub-section (5) after giving notice to the interested parties to appear and be heard and shall modify or correct the entries in the register of Bargadars wherever necessary. The burden of proof in respect of his objections shall, notwithstanding anything to contrary contained in any other law for the time being in force, lie on the objector.

(7) The entries in the register of Bargadar shall, on expiry of the period specified for filing objections under sub-section (5) and on modification or correction of the entries in the said register made in necessary cases under sub-section (6) where objections have been filed under sub-section (5), be transferred to the record-of-right for correction of such records under certificates of the competent authority.

Section 46, Tlr&lr Act. 1960 (Act 43 of 1960).