English — official source version
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1
The Andaman And Nicobar Islands
Land Revenue And Land Reforms
Regulation, 1966
NO. 2 OF 1966
Promulgated by the President in the Seventeenth Year of the
Republic of India
A Regulation to consolidate and amend the law relating to land
revenue, powers of revenue officers, rights and liabilities of holders
of land, land tenures and other matters relating to land, in the Union
territory of the Andaman and Nicobar Islands.
In the exercise of the powers conferred by Article 240 of the
Constitution , the President is pleased to promulgate the following
Regulation made by him-
CHAPTER 1
PRELIMINARY
1. (1) This Regulation may be called the Andaman and Nicobar
Islands Land Revenue and Land Reforms Regulation, 1966.
(2) It extends to the whole of the Union territory of the
Andaman and Nicobar Islands but nothing in this Regulation shall
apply to such areas therein as may for time to time be constituted as
Government forests.
(3) It shall come into force on such date as the Chief
Commissioner may, by notification, appoint.
2. In this Regulation, unless the context otherwise requires,-
(1) “abadi” means the area reserved from time to time in a
village in a non-urban area for the residence of the inhabitants thereof
or for purposes ancillary thereto;
(2) “agriculture” includes-
(i) the raising of annual or periodical crops including betel
leaves (pan) and garden produce,
(ii) horticulture,
(iii) raising of fodder or thatching grass,
(iv) dairy farming,
( v) poultry farming,
(vi) stock breeding and grazing , and
(vii) pisciculture;
Short title, extent
and commencement
Definitions
2
(3) “agricultural year” means the year commencing on the
first day of May or such other date as the chief commissioner may by
notification, appoint;
(4) “cess” means whatever is payable in money by a person,
Resident, or holding land in a village, to the Government for services
rendered to the community;
(5) “Chief commissioner” means the Chief Commissioner of
the Union territory/ of the Andaman and Nicobar Islands;
(6) “commercial trees” means any of the trees specified in the
Schedule;
(7) “co-operative society” means a society registered or
deemed to be registered as such under the Co-operative Societies Act,
1912 .
(8) “Government” means the Central Government”
(9) “Government forest” means a forest constituted as a
reserved forest or protected forest in accordance with the provisions of
the Indian Forest Act, 1927;
(10) “grant” means a grant made under clause (i) of section 146;
(11)“holding” means a parcel of land separately assessed to
land Revenue;
(12) “improvement” in relation to a holding means any work
which materially adds to the value of the holding and which is suitable
thereto and consistent with the purpose for which it is held and
includes-
(i) the construction of tanks, wells, water channels,
embankments and other works for the storage, supply or distribution of
water for agricultural purposes,
(ii) the construction of works for the drainage of land
or for the protection of land from floods or from erosion or other
damage by water,
(iii) the planting of trees and the reclaiming , clearing ,
enclosing, leveling or terracing , of land used for agricultural purposes,
(iv) the erection of buildings on or in the vicinity of the
holding elsewhere than abadi or urban area, required for the
convenient or profitable use or occupation of the holding, and
(v) the renewal or construction of any of the foregoing
works, or alterations therein or additions thereto,
but does not include the construction of-
(a) temporary wells and such water channels,
embankments, leveling enclosures or other works or pretty alterations
in or repairs to such works , as are commonly made by cultiva.tors of
the locality in the ordinary course of agriculture, or
(b) any work which substantially diminishes the value
of any land wherever situated, in the occupation of a tenant.
Explanation- A work which benefits several holdings shall be deemed
to be an improvement with respect to each of such holdings;
(13) “land” means a portion of the earth’s surface whether or
not under water and includes all things attached to, or permanently
hastened to any thing attached to, such portion;
2 of 1912
16 of 1927
3
(14) “land records” means the records maintained under this
Regulation;
(15) “land revenue” means any consideration in money
payable by a tenant of the Government on account of the use or
occupation of the land or an account of any right in land held by him;
(16)“legal practitioner” means any person entitled to practise
in any of the courts in the Union Territory of the Andaman and Nicobar
Islands under any law for the time being in force;
(17) *
(18)“notification” means a notification published in the
Official Gazette:
(19)“Official Gazette” means the Andaman and Nicobar
Gazette
(20)“person under disability” means,-
(i) a widow,
(ii) a minor,
(iii) a woman who is unmarried or who, if married ,
divorced or judicially separated from her husband or whose
husband is a person falling under sub-clause (iv) of Sub-
Clause (v).
(iv) a member of the Armed Forces of the Union, or
(v) a person incapable of the cultivation by reason of
physical or mental disability:
(21)“plot number” means of portion of land in an urban area
formed into or recognized as, a plot number under section 68, in respect
of which the area and the land revenue payable are separately entered in
the prescribed records under an indicative number and includes any
portion of land entered in any records before the commencement of this
Regulation under an indicative number known as kharsa or survey
number;
(22)“prescribed” means prescribed by rules made under this
Regulation;
(23)“recognized agent” in relation to a party to a proceeding
under this Regulation means,-
(i) a person authorized under a power of attorney by that
party to make appearance and applications and to do other acts, on his
behalf in such proceeding; or
(ii) a person authorized in writing by that party to make
appearance on his behalf in such proceeding;
(24) “rent” means whatever is lawfully payable, in money or
in kind, or partly in money and partly in kind, whether as a fixed
quantity of produce or as a share of the produce, on account of the use
or occupation of land or on account of any right in land but shall not
include land revenue;
(25) “ revenue officer” in any provision of this Regulation
means such revenue officer as the Chief Commissioner may, by
notification, direct to discharge the functions of a revenue officer under
that provision;
--------------------------------------------------------------------------------------
* Ommitted vide Notification No. 128/76 F.No. 52-3/76-J.I.
dated 24-7-1976.
4
Revenue
Officers
(26) “ revenue year” means the year commencing on such date
as the Chief Commissioner may, in the case of any specified area, by
notification appoint;
(27) “sub-tenant” means a person who cultivates or holds the
land of a tenant under an agreement, express or implied, on condition
of paying rent therefor;
(28) “survey number” means a portion of land in any non-
urban area formed into, or recognized as, survey number at the revenue
survey immediately proceeding the commencement of this Regulation,
or subsequently formed into or recognized as such by the Deputy
Commissioner in respect of which the area and the land revenue
payable are separately entered under an indicative number in the land
records; and includes, any portion of land entered in the land records
under an indicative number known as kharsa number;
(29)“tenant” means the person by whom land revenue is or,
but for a contract express or implied, would be payable but does not
include a sub-tenant;
(30)“urban area” means the area for the time being included
within the limits of any municipality constituted under any law for the
time being in force relating to municipalities or any village or group of
villages which may be specified by the Chief Commissioner asan uaban
area and the expression “non urban area” shall be constructed
according;
(31)“village” means any tract of land which immediately
before the commencement of this Regulation was recognized as, or
declared to be, a village under the provisions of any law for the time
being in force or which may, after such commencement, be recognized
as a village at any survey or which the Chief Commissioner may, by
notification, declare to be a village
CHAPTER II
REVENUE OFFICERS, THEIR CLASSES AND POWERS
3. There shall be the following classes of revenue officers, namely:-‘
(a) Settlement Commissioner,
(b) Deputy Commissioner,
(c) Settlement Officer,
(d) Assistant Commissioner
(e) Assistant Settlement Officer,
(f) Tehsildar,
(g) Land Records Officer,
(h) Naib-Teshildar,
(i) Revenue Inspector,
(j) Patwari, and
(k) such other village officers and servants as may be
specified by rules made under this Regulation.
4.(1) All revenue officers shall be subordinate to the Chief
Commissioner and subject to the provisions of sub section (2), all
revenue officers in the district shall also be subordinate to the Deputy
Commissioner.
Control over revenue
officers
5
(2) Unless the Deputy Commissioner otherwise directs, every
revenue officer in a sub-division shall be subordinated to the Sub-
Divisional Officer and a Naib-Teshildar in a tehsil shall be subordinates
to the Teshildar
5. The Chief Commissioner may, with the previous approval of the
Government , after the limits of any district or tehsil or create new or
abolish existing districts or tehsil, or divide any district into sub-
divisions or after the limits of, or abolish, any sub-division.
6. The Government may appoint for each district a Deputy
Commissioner who shall exercise the powers and perform the duties
conferred or imposed on a Deputy Commissioner by or under this
Regulation.
7. The Chief Commissioner may appoint for each district as many
persons as he thinks necessary to be Assistant Commissioner who shall
exercise such powers and perform such duties as the Chief
Commissioner may, by notification, direct.
8. The Chief Commissioner may appoint each tehsil a Tehsildar and
one or more Naib-Tehsildar who shall exercise the powers and perform
the duties conferred or imposed on them by or under this Regulation.
9. The Chief Commissioner may appoint for each district as many
persons as he thinks necessary to be Land Record Officers, who shall
exercise the powers and perform the duties conferred or imposed on
them by or under this Regulation.
10. (1) The Chief Commissioner may place any Assistant
Commissioner to be in charge of on or more sub-divisions of a district.
(2) Such Assistant Commissioner shall be called a sub-Divisional
Officer and shall exercise such powers and perform such duties of a
Deputy Commissioner as the Chief Commissioner may, by notification,
direct
11. The Chief Commissioner may, by notification, confer on any
person the powers conferred by or under this Regulation on any revenue
officer.
12. If any revenue officer, who has been invested with any powers
under this Regulation in any tehsil or district is transferred to an equal or
higher office of the same nature in any other tehsil or district, shall,
unless the Chief Commissioner otherwise directs, exercise the same
powers under this Regulation in such other tehsil or district.
CHAPTER III
PROCEDURE OF REVENUE OFFICERS AND REVENUE
COURTS
13. Expect for reasons to be recorded in writing, no revenue officer
shall enquire into, or hear, any case arising under this Regulation at any
place outside the local limits of his jurisdiction.
14. All revenue officers and measures and all persons acting under
their orders may enter upon and survey any land and demarcate
boundaries and do all other acts connected with their duties under this
Regulation and in so doing, shall cause no more damage than the
circumstances of the case may require.
Power to alter, create
or abolish, districts,
sub-division and
tehsils
Appointment of
Deputy
Commissioner
Appointment of
Assistant
Commissioners
Appointment of
Tehsildars and Naib-
Tehsildars
Appointment of Land
Records
Officers
Sub-Divisional
Officers
Conferment by Chief
Commissioner of
powers of revenue
officers on other
persons
Powers exercisable
on transfer
Place for holding
enquires
Power to enter upon
and survey land
6
Power to transfer
cases
Power to transfer
cases to and
from
subordinates
Conferment of
status of courts
on revenue
officers
Inherent powers
of revenue courts
Power or
revenue officers
to require
attendance of
persons and
production of
documents and
to receive
evidence
Compelling
attendance of
witness
Provided that no person shall enter into any building or upon any
enclosed court or garden attached to a dwelling house, unless with the
consent of the occupier thereof, without giving such occupier at least
twenty-four hours notice and in making such entry due regard shall be
paid to the special and religious sentiments of the occupier.
15. Whenever it appears to the Chief Commissioner that an order
under this section is expedient for the ends of justice, he may direct that
any particular case be transferred from one revenue officer to another
revenue officer of an equal or superior rank in the same district or any
other district.
16. (1) A Deputy Commissioner, a Sub Divisional Officer or a
Tehsildar may make over any case or class of cases arising under this
Regulation for decision from his on file to any revenue officer sub-
ordinate to him and competent to decide such case or class of cases, or
may withdraw any case or class of cases from any such revenue officer
and may deal with such case or class of cases himself or refer the same
for disposal to any other revenue officer subordinate to him and
competent to decide such case or class of cases
(2) A Deputy Commissioner, a Sub Divisional Officer, or a
Tehsildar may make over for inquiry and report any case or class of
cases arising under this Regulation from his own file to any revenue
officer subordinate to him.
17. Every revenue officer, while exercising any power under this
Regulation to enquire into or decide any question arising for
determination between the Government and any person or between
parties to any proceedings, shall be revenue court.
18. Nothing in this Regulation shall be deemed to limit or otherwise
affect the inherent power of the revenue court to make such orders as
may be necessary for the ends of justice or to prevent the abuse of the
process of the court.
19. (1) Subject to the provisions of section 132 and 133 of the Code
of Civil Procedure,1908 and the rules made under this Regulation every
revenue officer acting as a revenue court shall have power to take
evidence, to summon any person whose attendance he considers
necessary either to be examined as a party or to give evidence as a
witness or to produce any document for the purpose of any inquiry or
case arising under this Regulation:
Provided that no person shall be ordered to attend in person unless
he resides in the Union territory of the Andaman and Nicobar Islands
(2) Any person present may be required by any such revenue
officer to give evidence or to produce any document then and there in his
possessions of power.
(3) Every such revenue officer shall have power to issue a
commission to examine any person who is exempted from attending
court under any law for the time being in force or who cannot be ordered
to attend in person or is unable to attend on account of sickness or
infirmity.
20. If any person on whom a summons to attend as witness or to
produce any document has been served fails to comply with the
summons, the officer by whom the summons has been issued under
section 19, may-
5 of 1908
7
Dismissal of
case or
proceeding and
hearing in
absence of party
(a) issue a bailable warrant or arrest;
(b) order him to furnish security for appearance; or
(c) impose upon him a fine not exceeding fifty rupees.
21. (1) If, on the date fixed for hearing a case or proceeding, a
revenue officer fins that a summons or notice was not served on any
party due to the failure of the opposite party to pay the requisite process
fees for such service, the case or proceeding may be dismissed in default
of payment of such process fees.
(2) If any party to a case or proceeding before a revenue officer
does not appear on the date fixed for hearing after due service of a
summons or notice on him, the case or proceeding may be heard and
determined in his absence or may be dismissed for default,
(3) The party against whom any order is passed under sub-section
(1) or sub-section (2) may apply within thirty days from the date of
such order, to have it set aside on the ground that he was prevented by
any sufficient cause from paying the requisite process fees for service
of a summons or notice on the opposite party or, as the case may be
,from appearing at the hearing and the revenue officer may, after notice
to the opposite party who was present on the date on which such order
was passed and after making such inquiry as he considers necessary set
aside the order passed.
(4) Where an application field under sub-section (3) is rejected,
the party aggrieved may file an appeal to the authority to whom an
appeal lies from an original order passed by such officer.
(5) Expect as provided in sub-section (4) no appeal shall lie from
an order passed under this section.
22. (1) A revenue officer may, from time to time, for reasons to be
recorded by him in writing and on such terms as to costs as he thinks fit,
adjourn the hearing of a case or proceeding before him.
(2) The date and place of an adjourned hearing of a case or
proceeding shall be intimated at the time of the adjournment to such of
the parties and witness as are present.
23. A revenue officer may award costs incurred in any case or
proceeding arising under this Regulation in such manner and to such
extent, as he thinks fit:
Provided that the fees of the legal practitioner shall not be allowed
as costs in any such case or proceeding, unless such officer considers
otherwise for reasons to be recorded by him in writing.
24. Where an order to deliver possession of any land has been passed
under this Regulation against any person such order shall be executed in
the following manner, namely :-
(a) by serving a notice on the person or persons in possession of
the land requiring such person or persons within such time as may
appear reasonable after receipt of the side notice to vacate the land; and
(b) if such notice is not obeyed, by removing or deputing an officer
to remove any person who may refuse to vacate the same; and
(c) if the officer removing any such person is resisted or obstructed
by any person the revenue officer shall hold a summary inquiry in to the
facts of the case, and if satisfied that the such resistance or obstruction
was without any just cause , and that resistance or obstruction still
continues, may, without prejudice to any proceedings to which such
person may be liable under any law for the time being in force for the
Adjournment of
hearing
Power to award
costs
Manner of
executing order to
deliver possession
of land
8
5 of 1908
Order or revenue
officer when
reversible by
reason of error or
irregularity
Code of Civil
Procedure to
apply when no
express
provision made
in the Regulation
Appeal and
appellate
authorities
punishment of such resistance or obstruction, take or cause to be taken,
such steps and use, or cause to be used, such force as may, in the opinion
of such officer, he reasonably necessary for securing compliance with
the order.
25. Save as otherwise provided in any other law for the time being in
force, all appearances before, applications to and acts to be done before,
any revenue officer under this Regulation shall be made or done by the
parties themselves or by their recognized agents or by any legal
practitioner:
Provided that subject to the provisions of sections 132 and 133 of
the Code of Civil Procedure, 1908, any such appearance shall, if the
revenue officer so directs, be made by the party in person.
Provided further that appearance alone may be made by a
recognized agent referred to in sub-clause (ii) of clause (23) of section 2.
26. (1) No order passed by a revenue officer shall be reversed or
altered in appeal or revision on account of any error, omission or
irregularity in the summons, notice, proclamation, warrant or order or
other proceedings before during any enquiry or other proceedings under
this Regulation, unless such error, omission, or irregularity has in fact
occasioned a failure of justice.
(2) In determining whether any error, omission or irregularity in
any proceedings under this Regulation has occasioned a failure of
justice, regard shall be had to the fact whether the objection could and
should have been raised at an earlier stage in the proceedings.
27. Unless otherwise expressly provided by or under this Regulation
the procedure laid down in the Code of Civil Procedure, 1908, shall , so
far as may be, be followed in all proceedings under this Regulation.
CHAPTER IV
APPEAL, REVISION AND REVIEW
28. (1) Save as otherwise provided in this Regulation, an appeal shall
lie from every original order passed under this Regulation of the rules
made thereunder-
(a) if such order is passed by any revenue officer subordinate to
the Sub-Divisional Officer, whether or not the officer passing the order
is invested with the powers of the Deputy Commissioner, to the Sub-
Divisional Officer:
(b) if such order is passed by the Sub-Divisional Officer,
whether or not invested with the powers of the Deputy Commissioner, to
the Deputy Commissioner;
(c) if such order is passed by any revenue officer subordinate to
the Settlement Officer, to the Settlement Officer;
(d) if such order is passed by a Deputy Commissioner, whether
exercising the powers of Deputy Commissioner or Settlement Officer
during the currency of the term of any settlement, to the Chief
Commissioner;
(e) if such order is passed by a Settlement Officer, whether
exercising the powers of Settlement Officer or the powers of a Deputy
Commissioner in connection with any settlement operation, to the
Settlement Commissioner.
Persons by whom
appearances and
applications may be
made before and to
revenue officers
9
No appeal
against certain
orders
Limitations of
appeals
(2) A second appeal shall lie against any order passed in first
appeal-
(i) by the Sub-Divisional Officer or the Deputy Commissioner
or the Settlement Commissioner, to the Chief Commissioner
(ii) by the Settlement Officer, to the Settlement Commissioner .
(3) An order passed in review varying or reversing any order
shall be appealable in like manner as the original order.
29. No appeal shall lie from an order-
(a) admitting an appeal or application for review on the
grounds specified in section 5 of the Limitation Act, 1963;
(b) rejecting an application for review;
(c) granting or rejecting an application for stay; or
(d) of an interim nature.
30. No appeal shall lie-
(a) to the Sub-Divisional Officer or Deputy Commissioner
or Settlement Commissioner, after the expiration of forty- five days from
the date of the order appealed against; or
(b) to the Chief Commissioner after the expiration of sixty
days from such date;
Provided that where a party, other than a party against whom
the order has been passed ex-parte , had no previous notice of the date on
which the order is passed, limitation under this section shall be computed
from the date of the communication of such order.
31. Every petition for appeal, review or revision shall be accompanied
by a certified copy of the order to which objection is made.
32. (1) The appellate authority may either admit the appeal or after
calling for the records and giving the appellant an opportunity to be hard
summarily reject it:
Provided that the appellate authority shall not be bound to call
for the records where the appeal is time-barred or does not lie.
(2) if the appeal is admitted, a date shall be fixed for hearing and
notice shall be served on the respondent.
(3) After hearing the parties, if they appear, the appellate authority
may confirm, vary of reverse the order appealed against; or may direct
such further investigation to be made, or such additional evidence to be
taken, as it may think necessary; or may itself take such additional
evidence or may remand the case for disposal with such direction as it
thinks fit.
33. The Chief Commissioner or the Settlement Commissioner of the
Deputy Commissioner may, either of his own motion or on the
application of any party, call for the records of any proceedings before
any revenue officer subordinate to him for the purpose of satisfying
himself as to the legality or propriety of any order passed by such
revenue officer, and may pass such order in reference thereto as he
thinks fit;
Provided that he shall not vary or reverse any order affecting any
right between private persons without having given to the parties
interested notice to appear and be heard:
Provided further that no application for revision shall be
entertained against an order appealable under this Regulation:
36 of 1963
Copy of order
objected to
accompany petition
Power of appellate
authority
Revision
10
5 of 1908
Stay of execution
of orders
Application of
Limitation Act
Definition of
“order”
Provided also that such application is presented within sixty days
to the Settlement Commissioner or the Deputy Commissioner, as the
case may be, or within ninety days to the Chief Commissioner, from the
date of the order
34. (1) Every revenue officer may, either of his own motion or on the
application of any party interested, review any order passed by himself
or by any of his predecessors-in-office and pass such order in reference
thereto as he thinks fit:
Provided that -
(i) no order shall be varied or reversed unless notice has been
served on the parties interested to appear and opportunity has
been given to them for being heard;
(ii) no order from which an appeal has been made, or which is the
subject of any revision proceedings shall be reviewed;
(iii) no order affecting any question of right between private
persons shall be reviewed exept on the application of a party to
the proceedings and no application for the review of such order
shall be entertained unless it is made within ninety days from the
date of the order.
(2) No order shall be reviewed expect on the grounds provided for
in the Code of Civil Procedure, 1908.
(3) For the Purposes of this section, the Deputy Commissioner
shall be deemed to be the successor in office of any revenue officer who
has left the district or who has ceased to exercise powers as a revenue
officer and to whom there is no successor in the district.
35. (1) A revenue officer who has passed any order or his successor-
in-office may, at any time before the expiry of the period prescribed for
appeal or revision, direct the execution of such order to be stayed for
such time as may be requisite for filling an appeal or revision and
obtaining a stay order from the appellate or revisional authority.
(2) The appellate or revisional authority may, at any time direct
the execution of the order appealed from or against which a revision is
made to be stayed for such time as it may think fit.
(3) The authority exercising the powers conferred by section 33 or
section 34 may direct the execution of the order under revision or review
to be stayed for such time as it may think fit.
(4) The revenue officer or other authority directing the execution
of an order to be stayed may impose such condition, or order such
security to be furnished, as he or it thinks fit.
(5) No order directing the stay of execution of any order shall be
passed expect in accordance with the provisions of this section.
36. Subject to the provisions of this Regulation, the provisions of the
Limitation Act, 1963, shall apply to all appeals and applications for
revision or review under this Regulation.
37. In this Chapter the expression “order” means the formal
expression of the decision given by a revenue officer in respect of any
matter in the exercise of his powers under this Regulation.
Review or orders
36 of 1963
11
Ownership of
land
Liability to pay
land revenue
CHAPTER V
LAND AND LAND REVENUE
38. (1) All land in the Union territory of the Andaman and Nicobar
Islands is vested absolutely in the Government, and, save as provided by
or under this Regulation, no person shall be deemed to have acquired any
property therein or any right to or over the same by occupation,
prescription or conveyance or in any other manner what so ever except
by a conveyance executed by, or under the authority of, the Government.
(2) The right to all trees, brush-wood, jungles or other natural
product wherever growing, expect in so far as the same may be the
property of any person, vests in the Government and such trees,
brushwood, jungles or other natural product shall be preserved or
disposed of in such manner as may be prescribed keeping in view the
interests of the people the area with regard to the user of the natural
products.
(3) All such trees which have been planted and reared by, or
under the orders, or at the expense, of the Government and all trees
which have been planted and reared at the expense of any local authority
by the side of any road belonging to the Government, shall vest in the
Government.
(4) Where a dispute arises in respect of any right under sub-
section (1) or sub-section (2) or sub-section (3) such dispute shall be
decided by the Deputy Commissioner.
(5) Any person aggrieved by any order passed under sub-section
(4) may institute a civil suit to contest the validity of the order within a
period of one year from the date of such order.
(6) Where a civil suit has been instituted under sub-section (5)
against any order, such order shall not be subject to appeal or revision
under this Regulation.
39. All land, to whatever purpose applied and wherever situated, is
liable to the payment of land revenue to the Government, except such
land as has been wholly exempted from such liability by special grant of,
or contract with, the Government, or under the provisions of any law for
the time being in force.
40. (1) The assessment of land revenue on any land shall be made, or
shall be deemed to have been made, as the case may be. With reference
to the use of land-
(a) for the purpose of agriculture;
(b) as sites for dwelling houses;
(c) for industrial or commercial purposes;
(d) for any other purpose.
(2) No land assessed for use for any one purpose shall be diverted
to any other purpose without the previous permission of the Sub-
Divisional Officer.
(3) Where land assessed for use for any one purpose is diverted
to any other purpose, the land revenue payable upon such land shall, not-
withstanding that the term for which the assessment may have been fixed
has not expired, be liable to be altered and assessed in accordance with
the purpose to which it had been diverted.
Variation of land
revenue according
to purpose for
which land used
12
(4) Where any land held free from the payment of land revenue
on condition of being used for any purpose is diverted to any other
purpose it shall become liable to the payment of land revenue and shall
be assessed in accordance with the purpose to which it has been diverted.
(5) The assessment made under sub-section (3) or sub-section (4)
shall be in accordance with the rule made under this Regulation.
(6) Where any land used for any purpose is diverted to any other
purpose, and land revenue is assessed thereon under the provisions of
this section, the Sub-Divisional Officer shall also have power to impose
a premium on the diversion in accordance with the rules made under this
Regulation.
Provided that no premium shall be imposed for the diversion of
any land for charitable purposes.
41. On all lands on which the assessment of land revenue has not been
made before the commencement of this Regulation, such assessment
shall be made by the Deputy Commissioner in accordance with the rules
made under this Regulation.
42. (1) The primary responsibility for payment of land revenue shall
not lie on the tenant, but where a tenant has sub-let for any period any
land comprised in his holding and he defaults in the payment of land
revenue, such and revenue shall be payable by the sub-tenant and the
sub-tenant shall be entitled to credit from the tenant the amount paid by
him.
(2) Where there are two or more persons liable to pay land
revenue under sub-section (1), all of them shall be jointly and severally
liable for its payment.
CHAPTER VI
REVENUE SURVEY AND SETTLEMENT IN NON URBAN
AREAS
43. The provisions of this Chapter shall apply in respect of lands in
non-urban areas.
44. The operation carried out in accordance with the provisions of this
Chapter in order to determine or revise the land revenue payable on
lands in any local area are called a “revenue survey” the result of the
operations are called a “settlement” and the period during which such
results are to be in force is called the “ term of settlement”.
45. (1) As soon as may be after the commencement of this
Regulation, the Chief Commissioner may take steps to institute and may
cause to be constantly maintained, in accordance with the rules made
under this Regulation, and inquiry into the profits of agriculture and into
the value of the land used for agricultural and non-agricultural purposes.
(2) For the purpose of determining the profits of agriculture, the
following matters shall be taken into account in estimating the cost of
cultivations, namely :-
(a) the depreciation of stock and buildings;
(b) the money equivalent of the labour and supervision by the
cultivator and his family ;
Assessment on
unassessed land
Responsibility for
payment of land
revenue
Provisions of
Chapter to apply to
lands in non urban
areas
“Revenue survey:”,
“settlement”, and
“term of
settlement”
Inquiry into profits
of agriculture and
value of land
13
Settlement
Commissioner,
Settlement
officer and Ass-
istant Settlement
Officers
Powers to
transfer duty of
maintaining
maps and records
to Settlement
officer
Notification of
pro-posed
revenue survey
Formation of
survey numbers
and villages
Separate
demarcation of
land diverted or
specially
assigned
(c) all other expenses usually incurred in cultivation on the land
which is under inquiry; and
(d) interest on the cost buildings and stock on all expenditure
for seed and manure, and on the cost of agricultural
operations paid for in cash.
(3) The Settlement Officer appointed under Sub- Section (2) of
section 46 shall take into consideration the information collected in the
course of this inquiry when framing his proposals for assessment rates.
46. (1) The Government may appoint a Settlement Commissioner
who shall control the operations of the revenue survey.
(2) The Chief Commissioner may appoint an officer (hereinafter
referred to as the Settlement Officer) to be in charge of a revenue survey
and as many Assistant Settlement Officer as he thinks fit.
(3) The Settlement Officer and the Assistant Settlement Officers
shall be subordinate to the Settlement Commissioner and all Assistant
Settlement Officers in a local area shall also be subordinate to the
Settlement Officers.
47. When any local area is under revenue survey, the duty of
maintaining the maps and records may, under the orders of the Chief
Commissioner be transferred from Deputy Commissioner to the
Settlement Officer, who shall thereupon exercise all the posers conferred
on the Deputy Commissioner by any of the provisions in chapter VIII &
XVI.
48. (1) Wherever the Chief Commissioner decides that a revenue
survey of any local area should be made, he shall publish a notification
to that effect, and such local area shall be held to be under such survey
from the date of such notification until the issue of a notification
declaring the operations to be closed.
(2) Such notification may extend to all lands generally in the local
area or to such lands only as the Chief Commissioner may direct
49. Subject to the rules made under this Regulation, the Settlement
Officer may-
(a) take measurements of the land to which the revenue
survey extends and construct such number of survey
marks there on as may be necessary:
(b) divide such lands into survey number and group the
survey numbers into villages; and
(c) recognize existing survey numbers, the constitute survey
numbers, or form new survey numbers.
50. Notwithstanding anything contained in section 49 when any
portion of agricultural land is diverted to any non-agricultural purpose,
or when any portion of land is set apart for any of the purpose specified
is section 198 or when any assessment is altered on any portion of land
under sub-section (3) of section 40, the Settlement Officer may make
such portion into a separate survey number or sub-divisional of a survey
Number.
51. (1) The Settlement Officer may either re-number survey numbers
or sub-divide survey numbers into as any sub-divisions as may be
required in view the acquisition of rights in land or for any other reason.
Power to re-number
or sub-divide
survey number
14
All lands liable
to assessment
(2) The division of survey numbers into sub-divisions and the
apportionment of the assessment of the survey number amongst the sub-
divisions shall be carried out in accordance with the rules made under
this Regulation and such rules may provide limit either of area of land
revenue or of both which no sub-division shall be recognized.
Provided that the total amount of assessment of any survey
number shall not be enhanced during the term of Settlement unless such
assessment is liable to alteration under the provisions of this Regulation.
(3) Where holding consist of several Kharsa numbers the
Settlement Officer shall assess the land revenue payable for each kharsa
numbers and record them as separate survey numbers.
(4) Whenever the survey numbers are re-numbered, the
Settlement Officer shall correct the entries in all records prepared or
maintained under chapter VIII.
52. The area and assessment of survey numbers and sub-divisions of
survey numbers shall be entered in such records as may be prescribed.
53. The Settlement Officer may, in the case of every inhabited
village, ascertain and determine, with due regard to rights in land, the
area to be reserved for the residence of the inhabitants or for purposes
ancillary therefore, and each area shall be deemed to be abadi of the
village.
54. For the purpose of assessment, the village of each tehsil or part of
a tehsil comprised in the area to be assessed shall be formed into groups,
and in forming such crops regard shall be head to physical features,
agricultural and economic condition, and trade facilities and
communications.
55. (1) On completing the necessary inquiries under section 45, the
Settlement Officer shall, having regard to soil and position of land and
profits of agriculture, prepare a table of assessment rates for different
classes of land in the prescribed form and shall publish it in the
prescribed manner for the prescribed period.
(2) Any person objecting to an entry in the table of assessment
rates may present a petition in writing to the Settlement Officer within
the prescribed period and the Settlement Officer shall consider such
objections after giving a hearing to the objector.
(3) The Settlement Officer shall submit the table of assessment
rate to the Chief Commissioner together with a summary of objections,
if any, his decisions on such objections and a statement of the grounds
in support of his proposals.
(4) The Chief Commissioner may approve the table of
assessment rate submitted to him under sub-section (3) with such
modifications, if any, as he may consider necessary.
(5) The assessment rates approved under sub-section (4) shall be
finally published in the Official Gazette.
56. The Settlement Officer shall fix the assessment on each holding
in accordance with the assessment rates approved under Section 55 and
the provisions of Section 58 and such assessment shall be the fair
assessment of such holding
57. The Settlement Officer shall have the power to make fair
assessment on all lands whatsoever to which the revenue survey extends,
whether such lands are liable to the payment of land revenue or not.
Entry of survey
numbers and sub-
divisions in records
Determination of
abadi of village
Grouping of
villages for purpose
of assessment.
Fixation of
assessment rates
Fixation of fair
assessment
15
Principles of
assessment
Announcement
of Settlement
Introduction of
Settlement
Term of
Settlement
58. (1) The fair assessment of all lands shall be calculated in
accordance with the principles and restrictions set forth in this section.
(2) No regards shall be had to any claim to hold land on
privileged terms.
(3) Regard shall be had in the case of agricultural land to the
profits of agriculture, consideration paid for leases, sale prices of land
and the principal moneys on mortgages, and in the case of non-
agricultural land to the value of the land for the purposes for which it is
held.
(4) The fair assessment on land used for non-agricultural
purposes shall not exceed one-third of the estimated rental value of the
land to be determined in the prescribed manner.
(5) Where an improvement has been affected at any time in any
holding held for the purpose of agriculture by or at the expense of the
holder thereof, the fair assessment of such holding shall be fixed as if the
improvement had not been made.
(6) Except for special reasons to be approved in each case by the
Chief Commissioner, no increase in the fair assessment of holding for
the purposes of agriculture shall exceed fifty percent of the existing
assessment.
59. (1) When the assessment of any land has been fixed in
accordance with section 56 notice thereof shall be given in accordance
with the rules made under this Regulation and such shall be called the
announcement of the Settlement.
(2) The assessment of any land as announced under this section,
shall be the land revenue payable annually on such land during the term
of the settlement unless it is modified in accordance with the provisions
of this Regulation or any other law for the time being in force.
60. The term of a Settlement shall commence from the beginning of
the revenue year next following the date of announcement under sub-
section (1) of section 59 or from the expiry of the term of the previous
Settlement, whichever is later.
61. (1) The term of Settlement shall be fixed by the Government and
shall not be less than thirty years.
Provided that if, at any time during the currency of the
Settlement the Government is of opinion that, having regard to changes
in the general conditions subsequent to the Settlement, it is desirable that
the assessment, should be reduced, it may, by order, reduce such
assessment for such period as it may deem fit.
(2) Notwithstanding anything contained in sub-section (1) in any
area where there is ample scope for extensions of cultivation or for
agriculture development or where there has been a rapid development of
resources owing to the construction of roads or canals since the last
Settlement, the Government may, for reason to be recorded fix a term
which may be less than thirty years but which shall in no case be less
than twenty years.
(3) Notwithstanding that the term of Settlement fixed under sub-
section (1) or sub-section (2) for any local area has expired such terms
shall be deemed to have extended till the commencement of the term of
the subsequent Settlement in that area
16
62. The Settlement Officer may alter the boundaries or any village, or
divide a village into two or more villages or unite two or more villages
into one in accordance with the rules made under this Regulation.
63. When the Settlement operations are closed, all applications and
proceedings that pending before the Settlement Officer shall be
transferred to the Deputy Commissioner who shall have all the powers of
a Settlement Officer for their disposal.
64. The Deputy Commissioner may, at any time during the term of
Settlement, correct any error in the area or assessment of any survey
number of holding due to mistake of survey or arithmetical
miscalculation.
Provided that no arrears of land revenue shall become payable by
reason of such correction.
65. During the term of Settlement, the Deputy Commissioner shall,
when so directed by the Chief Commissioner, exercise the powers of a
Settlement Officer under sections 49, 50,51,53,62.
66. Notwithstanding anything contained in this chapter, all survey
operations commenced under any law, for the time being in force and
continuing at the commencement of this Regulation shall be deemed to
have been commenced and to be containing under the provisions of this
Chapter and all assessment rates in force at such introduced in
accordance with the provisions of this Chapter and shall remain in force
until the introduction of revised assessment rates; and such revised
assessment rated may be introduced at any time notwithstanding any
thing contained in section 61.
CHAPTER VII
ASSESSMENT AND RE-ASSESSMENT OF LAND IN URBAN
AREAS
67. The Provision of this Chapter shall apply to all lands in urban
areas.
68. Subject to the rules made under this Regulation, the Deputy
Commissioner may-
(a) divide the lands in an urban area into plot numbers, and
(b) recognize existing survey numbers as plot numbers,
reconstitute plot numbers or form new plot numbers.
69. (1) The Deputy Commissioner may either re-number plot numbers
or sub-divide plot numbers into as many sub-divisions as may be
required in view of the acquisitions of right in land or for any other
reason.
(2) The division of plot numbers into sub-divisions and the
apportionment of assessment of the plot numbers amongst the sub-
divisions shall be carried out in accordance with the rules made under
this Regulation and such rules may provide limits of area or of land
revenue, as the case may be, or both, in any local area below which no
sub-division shall be recognized.
Power of Settle-
ment Officer to
divide or unite
villages.
Power of Deputy
Commissioner to
complete
unfinished
Proceeding.
Power of Deputy
Commissioner to
correct errors.
Power Of Deputy
Commissioner
during the term of
settlement.
Continuance of
survey operation
and rates in force at
the commencement
of the Regulation.
Provisions of
Chapter to apply to
lands in urban area.
Power of Deputy
commissioner to
divide the lands in
urban area to plot
number.
Power of Deputy
Commissioner to
re-number sub-
divided plot
numbers.
17
Area and assess-
ment of plot
numbers and sub
divisions to be
entered in
records
Urban area to be
divided into
blocks for
Assessment.
Deputy
Commissioner to
fix standard rate
of assessment
and publication
of standard rates
Fixation of
standard rates of
assessment
Maximum and
minimum limits
for rate of
assessment
Deputy Commi-
ssioner to assess
plot at rate
prescribed.
Provided that the total amount of assessment of any plot number
shall not be enhanced during the term of Settlement unless such
assessment is liable to alteration under the provisions of this Regulation.
70. The area and assessment of plot numbers and sub-divisions of plot
number shall be entered in such records as may be prescribed
71. For the purposes of assessment, an urban area shall be divided into
blocks and in so dividing regard shall be had to the use of land for
agricultural, industrial, commercial, residential or such other purposes as
may be prescribed.
72. (1) The Deputy Commissioner shall, with the approval of the Chief
Commissioner and in accordance with the provisions of section 73, fix
the standard rate of assessment per ten square meters of land in the case
of non-agricultural land in each block in an urban area and such standard
rate shall be published in the prescribed manner.
(2) Any person objecting to any standard rate may present a
petition in writing to the Deputy Commissioner within prescribed period
and the Deputy Commissioner shall consider such objections after giving
a hearing to the objector.
(3) The Deputy Commissioner shall submit the standard rates to the
Chief Commissioner together with a summary of objection, if any, his
decision on such objections and a Settlement of the grounds in support of
his proposals.
(4) The Chief Commissioner may approve the standard rates
submitted to him under sub-section (3) with such modification if any as
he may consider necessary.
(5) The standard rates approved under sub-section (4) shall be
finally published in the Official Gazette.
(6) The standard rates published under sub-section (5) shall remain
in force for a period of thirty years and shall thereafter continue to be in
force until altered.
73. (1) The Average annual letting value of lands in each block shall be
determined in the prescribed manner.
(2) The standard rates of assessment for lands held for purposes
mentioned in clause (b) or clause (c) of sub-section (1) of section 40
shall be equal to one third of the average annual letting value of the
block determined under sub-section (1) and for purpose mentioned in
clause (d) of sub-section (1) of section 40 shall be one-half of the said
value.
(3) The standard rates of assessment for lands held for agricultural
purposes shall be fixed in the prescribed manner with due regard to soil
and position of land to the profits of agricultural, to the consideration
paid for losses and to the sale prices of such lands.
74. The maximum and minimum limit for the rate of assessment shall
respectively be one and a quarter times and three fourth of the standard
rates in force for the time being.
75. The Deputy Commissioner shall assess every plot at a rate within
the limit prescribed by section 74 regard being had to use, situation and
other advantages or disadvantages attaching to such plot
18
Provided that if, in case of lands which are being assessed for a
purpose with reference to which they were assessed immediately before
the revision the assessment so arrived at exceeds, in the case of
agricultural land one and a half times of the land revenue and in the case
of other lands six times of the land revenue payable immediately before
the revision, the assessment shall be fixed at one and a half times of
such land revenue in the case of agricultural land and as six times of
such land revenue.
Provided further that where on improvement has been affected at
any time in any holding held for the purpose of agriculture by or at the
expense of the holder thereof, the assessment of such holding shall be
fixed as if the improvement had not been made.
76. The assessment fixed under section 75 shall remain in force for a
period of thirty years or for such longer period as may elapse before re-
assessment after that period and such period shall be deemed to be term
of Settlement for all purposes.
77. (1) The assessment fixed under section75 shall be the land revenue
payable annually on such plot number unless it is modified in accordance
with the provisions of this Regulations.
(2) The Deputy Commissioner may, at any time during the term of
settlement, correct any error in the area or assessment of any plot number
due to any mistake in division of land into plot numbers or arithmetical
miscalculation.
Provided that no arrears of land revenue shall become payable by
reasons of such correction.
78. The land revenue or rent fixed for any land in an urban area under a
Settlement or a lease from Government with rights of renewal, made or
granted before the commencement of this Regulation shall,
notwithstanding the expiry of the term of such settlement or lease,
continue to be in force until the assessment on such land is fixed in
accordance with the provisions of this Chapter.
CHAPTER VIII
LAND RECORDS
79. (1) The Deputy Commissioner shall from time to time arrange the
villages of the tehsil into patwari circles and may, at any time, alter the
limits of any existing circle or create new circles or abolish existing
ones.
(2) The Deputy Commissioner shall appoint one or more patwaries
to each patwari circle for the maintenance and correction of land records
and for such other duties as may be prescribed
80. The Deputy Commissioner shall from time to time arrange the
patwari circles in the tehsil into revenue inspector’s circles and may at
any time, after the limits of any existing circle or create new circles or
abolish existing ones.
81. (1) The Deputy Commissioner may appoint for each district as
many persons as he thinks fit to be revenue inspectors, town surveyors,
assistant town surveyors and may take measures to supervise the
preparation and maintenance of land regards and to perform such other
duties as may be prescribed.
Term of settlement
Assessment fixed
shall be land
revenue
Land Revenue or
rent fixed under
previous settlement
or lease to continue
Formation of
Patwari circle and
appointment of
Patwari
Formation of
revenue circles
Appointment of
revenue inspectors
etc.
19
Acquisition of
rights to be
reported
Register of
mutation and
register of
disputed cases
(2) The town surveyor and assistant town surveyor shall be
deemed to be revenue officer for the purpose of sections 14 and 92 and
patwari for the purpose of section 84 and 85 in respect of the areas under
their charge.
82. There shall be prepared by the prescribe authority a map showing
the boundaries of survey numbers or plot numbers and waste lands called
the ”field map” for every village, expect when otherwise directed by the
Chief Commissioner.
83. A record of, rights shall, in accordance with the rules made under
this Regulation, be prepared and maintained for every and such regard
shall include the following particulars, namely :-
(a) the names of all tenants together with survey numbers or plot
numbers held by each of them and their area;
(b) the nature and extent of the respective interests of such
persons and the conditions or liabilities , if any , attaching there to;
(c) The land revenue, if any, payable by each persons; and
(d) such other particulars as may be prescribed.
84. (1) Any person acquiring by succession, survivorship, inheritance,
partition, purchase, gift, mortgage, lease or otherwise any right in land
shall report orally or in writing his acquisition of such right to the
patwari of the village within six months from the date of such acquisition
and the patwari shall give a written acknowledgement in the prescribed
form for such report to the person making it:
Provided that when the person acquiring such right is a minor or
is otherwise disqualified his guardian of other person having charge of
his property shall make the report to the patwari.
Explanation 1- For the purpose of this section, right in land does
not include an assessment over or a charge (not amounting to a mortgage
of the kind specified in section 100 of the transfer of property act, 1882
on the land.
Explanation II- A person, in whose favor a mortgage is redeemed
or paid of a lease is determined, acquires a right within the meaning of
this section.
Explanation III- Intimation in writing required to be given to the
patwari under this Section may be given through a messenger or in
person or may be sent by registered post.
(2) Any such person as is referred to in sub-section (1) may also
report in writing his acquisition of such right to the Tehsildar within six
months from the date of such acquisition.
85. (1) The Patwari shall enter in a register of mutations every
acquisition of right reported to him under section 24 or coming to his
notice from intimation received from the Tehsildar or the Gram
Panchayat, if any, from any other source.
(2) Whenever the patwari makes an entry in the register of
mutation, he shall at the same time post up a complete copy of the entry
in any place of public resort appointed by the Deputy Commissioner in
the village.
(3) The fast of such entry shall be proclaimed in the village by beat
of drum and written intimation thereof shall be given to all persons
appearing to the patwari to be interested in the mutation and also to the
Gram Panchayats or where a Gram Panchayats has been not established,
to the Chaudhari appointed under section 132.
Field map
Record of rights
4 of 1882
20
(4) Should any objection to any entry made under sub-section (1)
in the register of mutation be made either orally or in writing to the
patwari, he shall enter the particulars of the objections in a register of
disputed cases and shall give a written acknowledgement in the
prescribed form for the objection to the person making it.
(5) Every objection entered in the register of disposed cases shall
be disposed of, and every entry in the register of mutations shall be
tested, and if found correct or after correction, as the case may be, shall
be certified by such officers and in such manner as may be prescribed.
(6) Entries in the register of mutations, when duly certified, shall
be transferred to the record-of-rights in the prescribed manner.
(7) Any report regarding the acquisition of any right of the kind
specified in section 84 received by the patwari after the specified period
shall be dealt with in accordance with the provisions of this section:
Provided that no action on the report of the patwari shall be
taken by the Tehsildar unless it is verified by the revenue inspector.
86. The civil courts shall have jurisdiction to decide any dispute to
which the Government is not a party relating to any right which is
recorded in the record-of-rights.
87. The Deputy Commissioner may, any time, Correct or cause to be
corrected any clerical errors and any errors which the parties interested
admit to have been made in the record-of-rights.
88. In addition to the map and the record-of-rights, there shall be
prepared for each village a kharsa or field book and such other land
record as may be prescribed.
89. If any revenue officer finds that a wrong or incorrect has been
made in the land records prepared under section 88 by an officer
subordinate to him he shall direct necessary changes to be made therein
after making such enquiry from the persons concerned as he may deem
fit after due written notice.
90. (1) If any person is aggrieved by any entry made in the land
records prepared under section 88 in respect of matters other than those
referred to in section 83 he shall apply to the revenue officer for its
correction within one year of the date of such entry.
(2) The revenue officer shall after making such enquiry as he may
deem fit, pass necessary orders in the matter.
91. Every entry in the land records existing at the commencement of
this Regulation and every entry made therein under this Chapter shall be
presumed to be correct until the contrary is proved or a new entry is
lawfully substituted therefor.
92. (1) Every person, whose right, interest or liabilities are required to
be or have been entered in any record or register under this Chapter,
shall be bound on requisition in writing by any revenue officer, engaged
in compiling or reversing the record or register to furnish or produce for
his inspection, within one month from the date of such requisition , all
such information or documents needed for the correct compilation or
revision thereof as may be within his knowledge or possession or power.
(2) The revenue officer, to whom any information is furnished, or
before whom any document is produced under sub-section (1), shall give
a written acknowledgement thereof to the person furnishing or producing
the same and shall endorse on any such document a note under his
signature stating the fact of its production and the date thereof.
Jurisdiction of civil
courts
Correction of
clerical errors
Land records
Correction of
wrong entry in land
records by superior
officers
Dispute regarding
entry in land
records
Presumption as to
entries in land
records
Obligation to
furnish the
information as to
title
21
Construction of
boundary marks
of villages and
survey numbers
or plot numbers
Dispute
regarding
boundaries
between villages,
survey numbers
and plot numbers
Ejectment of
person
wrongfully in
possession
93. Any person neglecting to make the report required by section 84 or
furnish the information or produce the documents required by section 92
within the specified period shall be liable, at the discretion of the Deputy
Commissioner, to a penalty not exceeding twenty-five rupees.
94. Certified copies of entries in the record-of-rights may be granted by
such officers and on payment of such fees as may be prescribed
95. Subject to such rules or payment of such fee, if any, as may be
prescribed, all maps land records shall be open to inspection by the
public during office hours, and certified extracts therefrom or certified
copies thereof may be given to all persons applying for the same.
CHAPTER IX
BOUNDARIES, BOUNDARY MARKS AND SURVEY MARKS
96. (1) The boundaries of all villages shall be fixed and demarcated by
permanent boundary marks.
(2) The Chief Commissioner may, in respect of any village, by
notification, order that the boundaries of all survey numbers or plot
numbers shall also be fixed and demarcated by boundary marks and
where such boundaries have been fixed and demarcated by boundary
marks it shall be lawful for the Chief Commissioner to assess all charges
incurred thereby on the holders of the survey numbers or plot numbers,
as the case may be, or other having an interest therein.
(3) Such boundary marks shall, subject to the provision hereinafter
contained, be such specification and shall be constructed and maintained
in such manner as may be prescribed
(4) Every holder of land shall be responsible for the maintenance
and repair of the permanent boundary and survey marks erected thereon.
97. All disputes regarding boundaries of village, and boundaries of
survey numbers and plot numbers where such boundaries have been
fixed under the provisions of section 96, shall be decided by the Deputy
Commissioner after local inquiry at which all persons interested shall
have an opportunity of appearing and producing evidence
98. (1) When a boundary has been fixed under the provisions of
section 96 the Tehsildar may summarily eject any person who is
wrongfully in possession of any land which has been found not to pertain
to his holding or to the holding of any person through or under whom he
claims.
(2) Where any person has been ejected from any land under the
provisions of sub-section(1), he may, within a period of one year from
the date of ejectment institute a civil suit to establish title thereto:
Provided that the Tehsildar or any other revenue officer shall
not be made a party to such suit.
(3) The Tehsildar may at any time after the passing of decree in the
civil suit, if any, make any order for redistribution of land revenue
which, in his opinion should be made as a result of the decree and such
redistribution shall take effect from the beginning of the revenue year
following the date of the order.
Penalty for neglect
to furnish
information
Certified copies
Maps and other
records open to
inspection
22
Demarcation and
maintenance of
boundary lines
99. (1) Every holder of land adjoining a village road, village waste or
land reserved for community purposes, shall at his own cost and in the
prescribed manner-
(a) demarcate the boundary between his land and the village road,
village waste or land reserved for community purposes adjoining it by
boundary marks, and
(b) repair and renew such boundary marks from time to time.
(2) If the holder fails to demarcate the boundary or to repair or
renew the boundary marks as required by sub-section (1), the Tehsildar
may, after such notice as he deems fit, cause the boundary to be
demarcated, or the boundary marks to be repaired or renewed and may
recover from the holder the cost incurred thereby.
(3) In the event of any dispute regarding the demarcation of the
boundary or the maintenance of the boundary marks in proper state or
repair, the matter shall be decided by the Deputy Commissioner whose
decision thereon shall be final.
Explanation- For the purposes of this section “village road” means a
road which bears an indicative survey number or plot number.
100. (1) After the end of November in each year, the patwari of the
village shall give written notice to every holder on whose land the
boundary or survey marks are defective calling upon him to put them
into proper repair before the first day of March next following.
(2) After the first day of March in any year, the Tehsildar or any
other revenue officer specially empowered in this behalf by the
Chief Commissioner may cause any defective boundary or survey marks
with respect to which a notice has been given under sub-section (1) to
be properly repaired and shall recover the cost of such repair from the
holder or holders responsible for the maintenance of such boundary or
survey marks, together with a penalty which may extend to one rupee for
every boundary mark of survey mark so repaired.
101. Where no order has been made by the Chief Commissioner under
sub-section (2) of section 96 the Tehsildar or any other revenue officer
specially empowered in this behalf by the Chief Commissioner
boundaries of a survey number or of a sub division or of a plot number
and construct boundary marks thereon and recover the cost of such
demarcation and construction from the applicant.
102. If any person willfully destroy or injures , or without lawful
authority, removes boundary or survey mark lawfully constructed, he
may be ordered by the Tehsildar or any other revenue officer specially
empowered in this behalf by the Chief Commissioner to pay such fine,
not exceeding fifty rupees for each mark so destroyed, injured or
removed, as may in the opinion for each mark so destroyed, injured or
removed, as may, in the opinion of the Tehsildar or such other revenue
officer, be necessary to defray the expenses of restoring the same and or
rewarding the information, if any,
103. Any person who encroaches upon, or causes any obstruction to the
use of a, recognized road, path or common land of village shall be
liable, under the written orders of the Tehsildar and standing the facts
and circumstances of the case, to a penalty which may extend to fifty
rupees.
Enforcement of
repair of boundary
or survey marks.
Demarcation of
boundaries of
survey number or
sub division or plot
number
Penalty for
destruction , injury
or removal of
boundary or survey
marks
Penalty for
obstruction of way,
etc.
23
Survey officers
Powers of survey
Officers as to
erection of
boundary marks
Decision of
disputes
Record to be
prepared in
survey operation
Preparation of
new records-of-
rights
Attestation of
entries and
decision of
disputes
104. If the Tehsildar finds that any obstacle impedes the free use of a
recognized road, path or common land of a village he may order the
person responsible for such obstacle to remove it, and, if such person
fails to comply with the order, may cause the obstacle to be removed and
may recover from such person the cost of removal thereof.
105. Any person who encroaches or causes any obstruction under
section 103 may be required by the Tehsildar to execute a personal bond
for such sum not exceeding five hundred rupees, as he may deem fit, for
abstaining from repetition of such act.
CHAPTER X
REVISION OF MAP AND RECORDS
106. (1) If the Chief Commissioner is of opinion that in local area
general partial revision of the records, or a resurvey, both, should be
made, he shall issue a notification to that effect.
(2) Every such local area shall be held to be under record or
survey operations or both as the case may be, from the date of the
notification until the issue of another notification declaring the said
operations to be closed therein.
107. The Chief Commissioner may appoint an officer, hereinafter
referred to as the “survey officer” to be in charge of the local record or
survey operation, or both, as the case may be, in any local area and
officers shall exercise all the powers conferred on them by or under this
Regulation so long as such local area is under record or survey operation
or both.
108. When any local area is under survey operations the survey officer
may issue a proclamation directions all the tenants and occupiers of land
thereon to erect, within fifteen days of such proclamation, such boundary
marks as he may think necessary to define the limits of their fields; and
in default of their complying within the said period, he may cause such
boundary marks to be erected, and this Deputy Commissioner shall
recover the cost of their re-erection from such tenant and occupiers.
109. In case of any dispute concerning any boundaries the survey
officers shall decide such dispute in the prescribed manner.
110. When any local area is under survey operations the survey officer
shall prepare for each village therein a map and field book, which shall
thereafter be maintained by the Deputy Commissioner as provided by or
under this Regulation, instead of the map and field book previously
maintained.
111. When any local area is under record operations the survey officer
shall frame, for each village therein, the records specified in Chapter
VIII of such of them as the Chief Commissioner may direct, and the
record or portion thereof so framed shall thereafter be maintained by the
Deputy Commissioner, instead of the record of portion of the record
previously maintained.
112. All undisputed entries in the record-of-rights shall be attested by
the parties interested, and all disputes regarding such entries, whether
taken up by the survey officer on his own motion or upon application by
any party interested, shall be disposed of by him.
Removal of
obstruction
Execution of bond
for abstaining from
repetition of certain
acts
Notification of
record operations
24
Presumption as
to entries
Land revenue
first charge on
land
Date on which
land revenue
falls due and is
payable
113. All entries in the record-of-rights prepared in accordance with the
provisions of this Chapter shall be presumed to be correct until the
contrary is provided and all decisions under this Chapter in cases of
dispute shall, subject to the adjudication of rights by a civil court having
jurisdiction, be binding on all revenue courts in respect of the subject-
matter of such dispute; but no such entry or decision shall affect the
rights of any person to claim an establish in civil court any interest in
land which requires to be recorded in the record-of-rights prepared under
section 83.
CHAPTER XI
REALISATION OF LAND REVENUE
114. The land revenue assessed on any land shall be first charge on
that land and on the crops, rents and profits thereof.
115. (1) The land revenue payable on account of a revenue year shall
fall due on the first day of that year.
(2) The payment of land revenue may be made in cash or may, at
the cost of the remitter be remitted by money order on of before such
date, in such installments (if any) and to such persons as may be
prepared.
(3) Any period elapsing between the first day of the revenue
year and any date prescribed for the payment of land revenue shall be
deemed to be a period of grace, and shall not affect the provisions of sub
section (1).
116. Any land revenue due and not paid on or before the prescribed
date becomes therefrom an arrear, and the persons responsible for the
payment thereof become defaulters.
117. (1) Where any person prescribed under sub-section (2) of section
115 receives payment from any other person on account of land revenue
or an account of any sum of money recoverable as an arrear of land
revenue shall grant a receipt to such other person for such sum in the
prescribed form.
(2) If any person fails to give receipt as required by sub-section
(1), such person shall, on application by the payer, be liable by an order
of the Tehsildar to pay a penalty not exceeding double the amount
received.
118. If any installments of land revenue or any part thereof is not paid
within one month after the prescribed date, the Sub-Divisional Officer
may, in the case of willful defaulter, impose a penalty not exceeding ten
percent of the amount not so paid.
Provided that no such penalty shall be imposed for the non-
payment of any installment, the payment of which has been suspended
by an order of the Chief Commissioner, in respect of the period during
which the payment remained suspended.
119. The Chief Commissioner may, in accordance with the rules made
under this Regulation, grant a remission or suspension of land revenue in
areas in which crops have failed in any year.
Definition of
“arrear” and
“defaulter”
Persons receiving
land revenue to
give receipt
Penalty for default
of payment of land
revenue
Remission or
suspension of land
revenue on failure
or crop
25
Cost recoverable
as past of arrear
Enforcement of
process in other
districts
Payment under
protest and suit
for recovery
120. (1) A statement of account, certified by the Deputy Commissioner
or the Tehsildar shall, for the purpose of this Chapter, be presumed to be
correct statement of the arrears of land revenue payable to Government
or its amount, and of the person who is the defaulter, until the contrary is
proved.
(2) No notice to the defaulters shall be necessary before drawing
up the statement referred to in sub-section (1).
121. The Tehsildar or Naib-Tehsildar shall cause a notice of demand in
the prescribed form and containing the prescribed particulars to be
served on any defaulter before the issue of any process under section 122
for the recovery of an arrear of land revenue.
122. An arrear of land revenue payable to Government may be
recovered by the Tehsildar in the prescribed manner by any one or more
of the following process, namely :-
(a) by attachment and sale of movable property belonging to the
defaulter;
(b) by attachment of the holding in respect of which the arrear is
due and the sale of the interest of the defaulter therein and where such
holding consists of more than one survey number or plot number by
such sale in one or more of such survey numbers or plot numbers as
may be considered necessary to recover the arrear;
(c) by attachment and sale of the interest of the defaulter in any
other immovable property :
Provided that the process specified in clauses (a) and (c) shall
not permit the attachment and sale of the following, namely :-
(i) the necessary wearing-apparel, cooking, vessels, beds and
bedding of the defaulter, his wife and children, and such personal
ornaments as, in accordance with religious usage, cannot be parted with
by any woman;
(ii) tools of artisans and, if the defaulter is an agriculturist his
implements of husbandry, except any implements driven by mechanical
power and such cattle and seed as may, in the opinion of the Tehsildar,
be necessary to enable him to earn his livelihood as such;
(iii) article set aside exclusively for the use of religious
endowments;
(iv) houses and other buildings (with the materials and the sites
thereof and the land immediately appurtenant thereto and necessary for
their enjoyment) belonging to an agriculturist and occupied by him.
123. The cost of serving a notice of demand under section 121 or of
issuing and enforcing any process under section 122 shall be recoverable
as part of the arrear in respect of which the notice was served or the
process was issued.
124. The process specified in clauses (a) and (c) of section 122 may be
enforced either in the district in which the default has been made or in
any other district.
125. (1) If proceedings are taken under this Chapter against any person
for the recovery of an arrear of land revenue he may, at any time before
his interest in the property is knocked down at a sale, pay the amount
claimed and may, at the same time, deliver a protest signed by himself or
his authorized agent to the revenue officer taking such proceedings, and
thereupon such proceedings shall be stayed.
Certified account to
be evidence as to
arrear and defaulter
Notice of demand
Process of recovery
of arrear
26
Application of
proceeds of sale
Interest of the
defaulter in the
property sold for
arrears to be free
from
encumbrances
(2) Any person complying with the provisions of sub-section (1) may,
notwithstanding anything contained in section 120, object to the sub-
divisional Officer that nothing was due or that the amount were taken
and the Sub-Divisional Officer shall decide the objection so raised.
(3) Where the Sub-Divisional Officer decides that the amount due was
less than the amount for the recovery of which proceedings were taken
he shall as early as practicable refund the excess amount to such person.
(4) No appeal shall lie against the order of the Sub-Divisional Officer
passed under sub-section (2), but the person aggrieved by such order
may institute a civil suit for the recovery of the sum paid under protest.
126. (1) The proceeds of every sale under this Chapter shall be
applied firstly, in satisfaction of the arrears on account of which the sale
was held and of the expenses of such sale, secondly, to the payment of
any arrears of cesses due from the defaulter under any law for the time
being in force, thirdly, to the payment of any other arrear payable to the
Government by the defaulter, and forthly, to the payment of any arrears
due form the defaulter to a co-operative society and the surplus, if any,
shall then be payable to him, or where there are more defaulters than
one, to such defaulters according to their respective interests in the
property sold:
Provided that the surplus shall not be paid to the defaulter or
defaulter, as the case may be, until after expiry of two months from the
date of the sale in the case of movable property or from such date as may
be prescribed in the case of immovable property.
(2) Notwithstanding anything contained in sub-section (1), the
proceeds of sale under clause (c) of section 122 shall be applied first to
the payment of arrears of land revenue payable by the defaulter for the
immovable property sold up to the date of the sale, and the surplus, if
any, shall be applied in accordance with sub-section (1).
127. Unless the Sub-Divisional Officer otherwise directs, the purchaser
of the interest of the defaulter in the immovable property sold for
arrears of land revenue, shall acquire such interest free of all
encumbrances imposed on it and all grants and contracts made in
respect of it, by any person than the purchaser.
128. (1) Where the interest of the defaulter in any immovable property
is sold under the provisions of this Chapter and such sale has been
confirmed by the prescribed authority in the prescribed manner such
interest shall be deemed to have vested in the purchaser form the time
when such interest is sold and not from the date on which the sale has
been confirmed.
(2) When a sale is confirmed under sub-section (1), the Sub-
Divisional Officer shall put the person declared to be the purchaser in
possession of the property and shall grant him a certificate in the
prescribed form to the effect that he has purchased the interest of the
defaulter in the property specified therein and such certificate shall be
deemed to be a valid transfer of such interest.
129. The purchaser shall not be liable for land revenue payable in
respect of the property for any period previous to the date of the sale.
130. The following moneys may be recovered, under this Regulation in
the same manner as an arrear of land revenue, namely :-
Purchaser’s title
Purchaser not liable
for land revenue
due prior to sale
Moneys recovera-
ble as an arrear of
land revenue
27
2 of 1912
(a) all rents, cases, royalties, water rates, fees, charges, premia,
penalties, fines and costs due to the Government under this Regulation;
(b) all moneys falling due to the Government under any grant,
licence, lease or contract which provide that they shall be recoverable in
the same manner as an arrear of land revenue;
(c) all sums declared by this Regulation, or any other law for the
time being in force, to be recoverable in the same manner as an arrear of
land revenue; and
(d) any sum ordered by a liquidator appointed under the Co-
operative Societies Act 1912, to be recovered as a contribution to the
assets of a society or as the cost of liquidation :
Provided that no action shall be taken on application for
recovery of a sum specified in clause (d), unless such application is
accompanied by a certificate signed by the Registrar appointed under
that Act that the sum should be recovered as an arrear of land revenue.
131. Every person who may have become a surety under any grant or
license made or granted under this Regulation whereunder the sum
secured is recoverable from the principal as an arrear of land revenue
shall, in failure to pay the amount or any portion thereof which he may
have become liable to pay under the terms of his security bond, be liable
to be proceeded against under the provisions of this Regulation in the
same manner as for the recovery of arrears of land revenue
CHAPTER X11
VILLAGE OFFICER
A-Chaudhari
132. (1) The Deputy Commissioner may appoint for each village or
group of village one or more Chaudharis.
(2) When there are two or more Chaudharis in a village, the
Deputy Commissioner may distribute, subject to the rules made under
this Regulation, duties of the office of Chaudhari among them in such
manner as he may think fit.
133. The remuneration of Chaudharis shall be fixed by the Deputy
Commissioner in accordance with the rules made under this Regulation
134. It shall be the duty of every Chaudhari,-
(a) to collect and pay into the Government Treasury land revenue
and cases payable through him and such other Government dues ordered
to be collected by him;
(b) to furnish reports regarding the state of his village at such
places and times at the Deputy Commissioner may fix in this behalf;
(c) to prevent encroachments on waste land, public paths, and
roadways in the villages;
(d) to preserve such stations and boundary marks erected in his
village by surveyors in the service of Government as may be made over
to his care and to report any damage caused to such station of marks;
(e) subject to rules made u[nder this Regulation, to keep the
village in good sanitary condition;
(f) to prevent unauthorized cutting wood or unauthorized
removable of any minerals of other properties belonging to the
Government;
Recovery of
money from surety
Appointment of
Chaudharis
Remuneration of
Chaudharis
Duties of
Chaudharis
28
Removal of
Chaudharis
Punishment of
Chaudharis
Appointment of
substitute
Chaudhari
Entrustment of
village manag-
ement and duties
of Chaudhari
Appointment of
Chaukidars and
their duties
Remuneration of
Chaukidars
Classes of
tenants
Occupancy
tenants
(g) to control and supervise the work of the chaukidar;
(h) to perform such other duties as may be prescribed.
135. Subject to the rules made under this Regulation, the Deputy
Commissioner may remove from office any Chaudhari.
136. A Chaudhari who is found negligent in the performance of any
duty assigned to him by or under this Regulation shall be liable, under
the orders of the Tehsildar, to a fine which may extend to twenty rupees.
137. Where a Chaudhari is temporarily unable to perform his duties the
Sub-Divisional officer may, on his application or otherwise, appoint a
substitute for a period not exceeding six months and the substitute so
appointed shall for all the purposes of this Regulation, be deemed to be
Chaudhari.
138. Notwithstanding anything contained in this Regulation, the Chief
Commissioner may, subject to such conditions, as may be prescribed,
entrust the management of a village or the performance of the duties
assigned to a Chaudhari by or under this Regulation to a Gram
Panchayat:
Provided that no such entrustment shall be made except with the
consent of the Gram Panchayat.
B-CHAUKIDAR
*
139. (1) For each village or group of villages there shall be appointed,
in accordance with the rules made under this Regulation, one or more
Chaukidars for the performance of such duties as may be prescribed.
(2) A Chaukidar who is found negligent in the performance of
any duty assigned to him by or under this Regulation shall be liable
under the orders of the Tehsildar, to a fine which may extend to twenty
rupees.
140. The remuneration of Chaukidars shall be fixed by the Deputy
Commissioner in accordance with the rules made under this Regulation.
CHAPTER XIII
TENURE HOLDERS
141. There shall be the following classes of tenants, namely :-
(i) Occupancy tenants;
(ii) Non-occupancy tenants;
(iii) Grantees and; and
(iv) Licensees.
142. Every person belonging to any of the following classes shall be
called an occupancy tenant and shall have all the rights and be subject to
all the liabilities conferred or imposed upon an occupancy tenant by or
under this Regulation, namely :-
(a) every person who, immediately before the commencement of
this Regulation, had acquired the right of occupancy under the provisions
of the Andaman & Nicobar Islands (Land Tenure) Regulation, 1926;
----------------------------------------------------------------------------------------------------------
* Section 139 pf the Principal Regulation has been renumbered as Sub-
Section (1) thereof and after Sub-Section (2) inserted vide Notification
3 of 1926
29
3 of 1926
3 of 1926
3 of 1926
3 of 1926
No. 128/76 F No.52-3/76-J.I dated 24
th
July, 1976
(b) every person who has, as a non-occupancy tenant, cultivated
any holding, not being a holding situated within the local limits of the
Port Blair Municipal Board, continuously for a period of two years from
the commencement of this Regulation or of such tenancy, whichever is
later, in accordance with the provisions of this Regulation and is not in
arrears of land revenue.
143. Every person belonging to any of the following classes shall be
called a non-occupancy tenant and shall have all the rights and be subject
to all the liabilities conferred or imposed upon a non-occupancy tenant
by or under this Regulation, namely :-
(a) every person who, immediately before the commencement of
this Regulation, was a non-occupancy tenant under the provisions of the
Andaman and Nicobar Islands (Land Tenure) Regulation, 1926;
(b) every person who is granted a licence under clause (ii) of
section 146 in respect of any agricultural land.
144. (1) Every person belonging to any of the following classes shall be
called a grantee and shall have all the rights and be subject to all the
liabilities conferred or imposed upon a grantee by or under this
Regulation, namely :-
(a) every person who, immediately, before the commencement of
this Regulation, was in occupation , of any land in pursuance of a grant
made under the Andaman and Nicobar Islands (Land Tenure)
Regulation, 1926;
(b) every person to whom a grant is made under clause (i) of
section 146.
(2) Not withstanding anything contained in sub-section (1), every
person who, not being an occupancy or non-occupancy tenant, is in
possession of any coconutt or arecanut plantation in the Nicobars
immediately before the commencement of the Regulation otherwise than
in pursuance of a grant of licence made or granted under the Andaman
and Nicobar Islands (Land Tenure) Regulation, 1926, shall be deemed to
be grantee thereof for the purpose of this Regulation for such period as
the Chief Commissioner may by notification specify from time to time.
Explanation – In this sub-section “Nicobars” means all the islands
comprised in the Union Territory of the Andaman and Nicobar Islands
lying south of 10 Degree Channel.
145. Every person belonging to any of the following classes shall the
liabilities conferred or imposed upon licensee by or under this
Regulation, namely :-
(a) every person who, immediately before the commencement of
this Regulation, was in occupation of any land in pursuance of a licence
granted under the provisions of the Andaman and Nicobar Islands (Land
Tenure) Regulation, 1926;
(b) every person who is granted a licence in respect of any non-
agricultural land under clause (ii)of section 146.
146. The Chief Commissioner may, on such terms and subject to such
conditions as he thinks fit,-
(i) make to any person, for the cultivation of coconuts, coffee,
rubber and other long-lived crops and for the construction of buildings
and works to be used for the purpose of, or in connection with, such
cultivation, a grant of land for any period not exceeding thirty years with
an option for renewal for a like period:
Non-occupancy
tenants
Grantees
Licensees
Power to make
grants and licences
30
Licensee to
construct a
building
Devolution
Sub-letting
Period that for the cultivation of rubber crop a longer period
may be specified by the Chief Commissioner with the approval of the
Government;
(ii) grant a licence in writing to any person to occupy any land to
such extend and for such purposes as may be prescribed.
147. A licence whether granted either before or after the
commencement of this Regulation to occupy land and construct a
building thereon may be liable to be cancelled if the licensee fails to
construct the building on the site within a period of two years from the
date of grant of the licence or such further time as the *(Deputy
Commissioner) may allow.
148. Subject to his personal law, the interest of a tenant in his holding
shall, on his death, pass by inheritance, survivorship or request as the
case may be.
149. (1) Subject to the provisions of sub-section (2) and (3) no tenant
shall, after the commencement of this Regulation, sub let for any period
whatsoever any agricultural land comprised in his holding :
Provided that nothing in this sub-section shall prevent a tenant
who is a member of registered co-operative farming society from sub-
letting any such land to such society.
(2) A tenant who is-
(i) a person under disability ; or
(ii) a person, being a permanent resident of the Union Territory
of the Andaman and Nicobar Islands, but in the service of the Union and
employed in the mainland of India ; or
(iii) a public, charitable or religious institution;
(iv) a local authority or a co-operative society, may sub-let the
whole or any part of his or its holding:
Provided that where a holding is held jointly by more than one
person the provisions of this sub-section shall not be applicable unless all
such persons belong to any one or more of the classes aforesaid:
Provided further that any sub-letting made in pursuance of this
sub-section shall cease to be in force on the expiry of the agricultural
year immediately following the date on which such person ceases to
belong to any one or more of the classes aforesaid.
(3) Where on account of any unforeseen calamity a tenant is
unable to cultivate his holding and obtains a certificate in that behalf
from the Tehsildar, he may sub-let the whole or any part of his holding
for one year during any consecutive period of three years.
(4) Where a tenant had sub-let any agricultural land immediately
before the commencement of this Regulation and the period for which
such land was sub-let is not over at such commencement, the person to
whom such land had been sub-let shall be entitled to remain in
possession thereof after such commencement for the remaining period
for which such land was sub-let or until the expiry of the agricultural
year immediately following such commencement whichever is earlier.
(5) The rent payable by sub-tenant in respect of any agricultural
land held by him shall not exceed, -
_________________________________________________________
* In the Principal Regulation the power vested with the Chief
Commissioner which has been delegated to Deputy Commissioner vide
notification No. 124/75 F.52-1/75-I dt. 2-9-1975
31
(a) where the rent is payable in kind as a share of the produce,
one-fourth of the produce in such land or its value calculated in the
prescribed manner, if plough cattle for the cultivation of such land is
supplied by the tenant, and one fifth of such produce of its value as so
calculated, if such plough cattle is not supplied by the tenant;
(b) in any other case, four times the land revenue payable in
respect of the land.
(6) The rent payable by a sub-tenant shall, subject to the
provisions of sub-section (5), be the rent agreed upon between him and
the tenant or where there is no such agreement the reasonable rent which
shall be determined in the prescribed manner.
(7) The rent shall be paid at such time and in such manner as may
be agreed upon or, in the absence of such agreement, as may be
prescribed.
(8) Every tenant receiving rent shall give or cause to be given to
the sub-tenant a receipt for the same in such form as may be prescribed
duly signed by him or his authorized agent.
150. Where a tenant sub-lets any holding or part there of in
contravention of the provisions of section 149, such tenant and the
person to whom the holding or part thereof has been sub-let shall,
notwithstanding anything contained in any law, be liable to ejectment
from such holding or part thereof.
151. (1) A tenant shall be liable to be ejected from his holding by an
order of the Sub-Divisional Officer, made on any of the following
grounds, namely :-
(a) he has done any act which is destructive or permanently
injurious to the land comprising the holding; or
(b) he had used such land for any purpose other than that for
which it was given; or
(c) he has transferred his interest is such land in contravention of
the provisions of this Regulation of any rule made thereunder.
(2) No order under sub-section (1) shall be passed unless the
Sub-Divisional Officer has, by notice, called upon the tenant to show
cause against his ejectment
(3) No order for ejectment shall be executed before the 1
st
day of
February or after the 30
th
day of April in any year.
152. (1) * Where, during the period of one agricultural year
(a) an occupancy tenant or a non-occupancy tenant does not cultivate
his holding or leaves the locality in which he usually resided without
making any arrangement for the cultivation of his holding, or
(b) a grantee does not cultivate the holdings given under the grant or
leaves the village in which he usually resides without making proper
arrangement for the maintenance of the holding given under the grant.
The Sub-Divisional Officer may, after such enquiry as he may
deem necessary, take possession of the land comprising the holing and
arrange for its cultivation and upkeep by letting it out for a period of one
agricultural year at a time on behalf of such occupancy tenant, non-
occupancy tenant of grantee
----------------------------------------------------------------------------------------
* Amended and substitute vide Notification No. 128/76/ F. No. 52-
3/76/J.I dated 24
th
July, 1976
Effected of sub-
letting in
contravention of
section 149
Ejectment of tenant
Abandonment of
holding
32
(2) Where such occupancy tenant, non-occupancy tenant or grantee
or any other person lawfully entitled to the land claims it within a period
of three years from the commencement of the agricultural year next
following the date on which the Sub-Divisional Officer took possession
of the land, it shall be restored to him on payment of the dues, if any and
on such terms and conditions as the sub-Divisional Officer may think fit.
** Provided that no such land shall be restored to the possession of
the tenant or grantee or other person unless the period for which such
land has been let out by the Sub-Divisional Officer under Sub-Section
(1) has expired.
(3) Where no claim is preferred under sub-section (2) or if a claim
is preferred and disallowed the Sub-Divisional Officer shall make and
order declaring the holding abandoned and the holding shall vest
absolutely in the Government from such date as may be specified in that
behalf in the order.
(4) Where a holding is declared abandoned under sub-section (3),
the liability of such occupancy tenant, non-occupancy tenant or grantee
for the arrears of revenue due from him in respect thereof shall stand
discharged.
153. (1) Subject to the provisions of this Regulation, a tenant may
surrender his holding or any part thereof by making an application in
writing to the Tehsildar intimating his intention to do so and by giving
possession thereof whether such holding is or is not let.
(2) Notwithstanding the surrender, unless the tenant applies
before the first day of February in any year he shall be liable to pay the
land revenue for the holding for the agricultural year next following the
date of surrender.
(3) Where only a part of the holding has been surrendered the
Tehsildar shall apportion the assessment the holding, in accordance with
the rules made under this Regulation.
154. (1) An occupancy tenant, non-occupancy tenant or a grantee may,
by agreement, exchange any land comprised in his holding with the land
of any other tenant of the same class with the previous permission of the
Sub-Divisional Officer
(2) When any land is exchanged under sub-section (1), a tenant
shall have the same rights in the land so received by him in exchange as
he had in the land given by him in exchange
(3) Where the Sub-Divisional Officer permits any exchange under
sub section (1) he shall also order the relevant records to be corrected
accordingly.
155. (1) A tenant may sue in the court of the Sub-Divisional Officer for
partition of his share in a holding comprising of agricultural land:
Provided That where any question of title is raised no such
partition shall be made, until such question has been decided by a civil
court.
(2) The Sub-Divisional Officer may, after hearing the co-tenure
holders, divide the holding and apportion the assessment of the holding
in accordance with the rules made under this Regulation.
(3) No partition shall be allowed if it results in creating a holding,
the area of which will be below two hectares.
---------------------------------------------------------------------------------------
** The provision to sub-section (2) of the Principal Regulation added
vide Notification No. 128/76/ F. No. 52-3/76/J.I dated 24
th
July, 1976
Surrender
Exchange
Partition
33
Rights of trees in
holding
(4) Where in the course of partition the area of the holding of a
co-tenure holder falls below two hectare, the Sub-Divisional Officer
may, on an application being made in this behalf by such co-tenure
holder, direct the sale of his interest in the holding to another co-tenure
holder willing to purchase such interest at the price determined by the
Sub-Divisional Officer in accordance with the rules made under this
Regulation :
Provided that if two or more co-tenure holders are willing to
purchase such interest, the Sub-Divisional Officer shall order the sale to
the co-tenure holder who offers to pay the highest price above the price
determined by him.
(5) If none of the co-tenure holders is willing to purchase the
share of the co-tenure holder intending to sell his interest in the holding
in accordance with sub-section (4), the Sub-Divisional Officer shall
direct the sale of the interest of the co-tenure holders in the entire
holding by public auction and shall distribute the proceeds of the sale
after deducting the expences of the sale among the co-tenure holders in
accordance with their respective interests in the holdings.
(6) One suit may be instituted for the partition of more than one
holding where all the parties to the suit are jointly interested in each of
the holdings.
156. (1) Subject to the provisions of this section all trees standing in
the holding of an occupancy tenant shall belong to him.
(2) The transfer by an occupancy tenant of any trees standing in
any land comprised in his holding except the produce of such trees shall
be void unless his interest in the land itself is transferred.
(3) Trees standing in any land comprised in the holding of an
occupancy tenant shall not be attached or sold in execution of a decree or
order of a civil court or under an order of a revenue officer or under an
order made in pursuance of the provisions of any law for the time being
in force unless his interest in the land itself is attached or sold.
(4) All commercial trees standing in the holding of an occupancy
tenant shall belong to the Government and it shall be the duty of the
Government to remove or cause t be removed such trees form the
holding within a period of five years from the commencement of this
Regulation or the acquisition of the occupancy right by the tenant,
whichever is later:
Provided that where the Chief Commissioner is of opinion that it is
not practicable to remove such trees within the said period of five year,
he may, by notification, extend the said period of five years generally or
in relation to any specified holding or class or holding by such further
period or period as he thinks fit; so however that the total period so
extended shall not, in any case exceed one year.
(5) If any such trees are not removed within the aforesaid period or
the period so extended, such trees shall, on the expiry of that period,
belong to the occupancy tenant.
157. (1) A tenant shall be entitled to make any improvement in his
holding for the better cultivation of the land or its more convenient use.
Provided that he shall not plant trees in such a way as to diminish
the value of any land not included in his holding.
(2) If a tenant plants, or proposes to plant, trees in such a way as to
diminish the value of any land not included in his holding, any person
Rights to make
improvement
34
Right to transfer
affected thereby may apply to the Tehsildar for prohibiting the planting
of trees on such land or directing the tenant to remove the trees already
planted thereon and the Tehsildar may, after hearing the parties, either
grant the application subject to such conditions as he thinks fit or eject it.
(3) If a tenant has effected any improvement or any land comprised
in his holding and his interest in the holding is extinguished under clause
(b)or clause (c) or clause (3) of section 162, he shall be entitled to
receive, in such extinguishment, such compensation for it as the revenue
officer may determine in accordance with the provisions of sub-section
(4)
(4) The amount of compensation determined by the revenue office
shall be the value of the improvement at the time of extinguishment of
the tenancy, estimated with due regard to-
(a) the amount by which the value of the interest of the tenant in
the land has increased by the improvement;
(b) the condition of the improvement at the time of determination
of compensation and the probable duration of its effect;
(c) the labour and capital provided or spend by the tenant for the
making of the improvement; and
(d) any other matter which may be prescribed.
158. (1) At any time during the currency of any settlement the Deputy
Commissioner may, in accordance with the rules made under this
Regulation, on the application of a tenant or of his own motion reduce
the land revenue in respect of any land on any of the following grounds,
namely :-
(i) that the land has been wholly or partially rendered unfit for
cultivation in consequence of floods or other cause beyond the control
of such tenant;
(ii) that the area of the holding of the tenant has diminished for any
reason, below the area in relation to which the land revenue was
assessed
(2) Where any reduction is ordered under sub-section (1), such
reduction shall take effect from the commencement of the revenue year
next following the date of the order.
(3) If the cause for which land revenue has been reduced under
sub-section (1) subsequently ceases or is removed. The Deputy
Commissioner may, after giving the tenant a reasonable opportunity of
being heard, make an order directing that such reduction shall ceases to
be in force and on such order being made the reduction shall stand
removed from the commencement of the revenue year next following
the date of the order.
159. (1) * Subject to the provisions of section 186 an occupancy tenant
may transfer interest in his land.
Provided that an occupancy tenant, from whom any amount by
way of loan or otherwise is due to the Government shall not transfer such
interest except with the previous permission in writing of the Deputy
Commissioner.
(2) * Notwithstanding anything contained in sub-section (1) or
any other law for the time being in force.
__________________________________________________________
* Amended and substitute vide Notification No. 128/76/ F. No. 52-
3/76/J.I dated 24
th
July, 1976
Reduction of
revenue during the
currency of
settlement
35
(i) no mortgage of his interest in any land by an occupancy tenant
shall be valid unless at least two hectares of land is left with him free
from any encumbrance of charge;
(ii) no occupancy tenant shall have the right to transfer his interest
in any land if after such transfer the total extent of the land held by him
will be reduced below two hectares; and
(iii) the interest of an occupancy tenant in any land to the extent of
two hectares, shall not be liable to be attached or sold in execution or any
decree or order of any court.
Provided that nothing in this sub-section shall prevent an
occupancy tenant from mortgaging or transferring his interest in any land
to secure payment of any load made to him by the Government or a
Cooperative Society or an institution established for a public, religious or
charitable purpose of a bank, or shall effect the right of the Government
or such cooperative society, institution or bank, as the case may be, to
sell such interest for the recovery of such loan in the execution of a
decree or order of any court.
(3) (a) A grantee may mortgage or transfer any interest in his land
with the previous permission in writing of the *Deputy Commissioner.
(b) The interest of a grantee in any land to the extend of two
hectares, shall not be liable to be attached or sold in execution of a
decree of order of any court ;
Provided that nothing in this sub-section shall prevent a grantee
form mortgaging or transferring his interest in any land to secure
payment of any load made to him by the Government r a cooperative
society or an institution established for public, religious or charitable
purpose or a bank or shall affect the right of the Government or such
cooperative society, institution or bank, as the case may be, to sell such
interest for the recovery of such loan in execution of decree or order of
any court.
** (4)
(5) Where an occupancy tenant effects a mortgage other than
usufructuary mortgage of his interest in the land than notwithstanding
anything contained in the mortgage deed, the total amount of interest
aceruing under the mortgage shall not exceed one half of the principal
amount advanced by the mortgagee.
(6) Notwithstanding anything contained in the India Registration
Act 1908 no officer empowered to register document which purports to
conravence the provisions of this section.
(7) Nothing in this section shall apply to any transfer or his interest
in any land made by an occupancy tenant or a grantee before the
commencement of this Regulation.
(8) The interest of non-occupancy tenant shall be non-transferable.
---------------------------------------------------------------------------------------
* In the Principal Regulation the power vested with the Chief
Commissioner which has been delegated to Deputy Commissioner vide
Notification No. 124/75 F. 52-I/ 75-I dated 2-9-1975.
** Omitted vide the Notification No. 128/F.Np. 52-3/76-J I dated
24-7-1976
16 of 1908
36
10 of 1949
23 of 1959
38 of 1959
5 of 1970
10 of 1963
21 of 1976
10 of 1949
♠ Provided that nothing in this sub-section shall prevent a grantee
from mortgaging or transferring his interest in any land to secure
payment of any load made to him by the Government or a Cooperative
Society or an institution established for a public; religious or charitable
purpose or a bank or shall affect the right of the case may be to sell such
interest for the recovery of such load in execution of decree or order of
any court.
♥ (9) The interest of a licencee of a non-agricultural land shall not be
transferable except with the previous permission I writing of the *
Deputy Commissioner and subject to such terms and conditions as may
be specified by him.
Provided that where within a period of four months after the
receipt of any application from any licencee, for permission to transfer
his interest in any non-agricultural land being a house site, the Chief
Commissioner does not refuse permission of upon refusal, does not
communicate the refusal to the licencee, then the Chief Commissioner
shall be deemed to have granted permission for transfer.
* Explanation : I – For the purpose of this section “Schedule Tribe”
shall have the same meaning as in clause (25) of article 366 of the
constitution
* Explanation : II – For the purpose of this section “Bank” means
banking company as defined in clause (c) of section 5 of the Banking
Regulation Act, 1949 and includes
(i) The State Bank of India constituted under the State Bank of
India Act, 1955;
(ii) A subsidiary bank as defined in the State Bank of India
(Subsidiary Banks) Acts, 1959;
(iii) A corresponding new bank constituted under section 3 of the
Banking Companies (acquisition and Transfer of undertakings) Act,
1970;
(iv) the Agricultural Refinance and Development Corporation
established under the Agricultural Refinance and Development
Corporation Act 1963;
(v) a Regional Rural Bank established under sub-section (i) of
section 3 of the Regional Bank Acts, 1976;
(vi) a banking institution notified by the Central Government under
section 52 of the banking Regulation Act, 1949l
(vii) any other financial or banking institution notified by the
Central Government in the official Gazette as a bank for the purpose of
this Regulation.
__________________________________________________________
♠ Proviso dated vide Notification No. No. 128/F.Np. 52-3/76-J I dated
24-7-1986
♥ As amended vide Notification No. No. 128/F.Np. 52-3/76-J I dated
24-7-1976. In the Principal Regulation, the power vested with the Chief
Commissioner which has been deligated to the DC vide Notification No.
124/75/52-1/75-J.I dated 2-9-1976.
* Explanation below sub-section (9) re-numbered as Explanation I and
after Explanation I so renumbered, the Explanation II inserted vide
Notification No. 128/F.No. 52-3/76-J I dated 24.7.1976.
37
160. If a transfer of interest in land is made in contravention of the
provisions of clause (ii) of sub-section (2) of section 159 the interest so
transferred shall stand forfeited to the Government in accordance with
such rules as may be made in that behalf.
161. (1) If after the commencement of this Regulation any tenant is
disposed of any lands held by him otherwise than by process of law, he
may within two years from the date of such dispossession apply to the
Tehsildar for his reinstatement in such land.
(2) On receipt of an application under sub-section (1). The
Tehsildar shall, after making an enquiry into the respective claims of the
parties, pass order on the application and when he orders the restoration
of possession to the tenant, put him in possession of the land.
(3) The Tehsildar may, at any stage f the enquiry under sub-
section 2, pass an interim order for delivery of possession of the land to
the applicant, if he finds that the applicant was dispossessed by the
opposite party within six months prior to the date of submission of the
application under sub-section (1) and if possession in not delivered to the
applicant, the Tehsildar shall cause the opposite party to be ejected.
(4) When an interim order has been passed under sub-section (3),
the opposite party may be required by the Tehsildar, to execute a bond
for such sum a he may deem fit for abstaining from talking possession of
the land until the final order is passed by him.
(5) If the person executing the bond under sub-section (4), is found
to have entered into, or taken possession of the land in contravation of
the bond, the Tehsildar may forfeit the bond in whole or in part and may
recover such amount from such person as an arrear of land revenue.
(6) If the order passed under sub-section 2 is in favour of the
applicant, the Tehsildar shall also award a reasonable compensation to be
paid to the application by the opposite party.
Provided that the amount of compensation shall not exceed ten
times the land revenue payable in respect of the land for each year’s
occupation.
(7) Any compensation awarded under this section shall be
recoverable as an arrear of land revenue.
162. The interest of tenant in his holding or any part thereof shall be
extinguished, -
(a) when he dies leaving no heir entitled to his interest
under this Regulation; or
(b) when he surrenders his holding or such part; or
(c) when the holding or such part has been transferred,
letout or used in contravention of the provisions of this Regulation; or
(d) when the land comprised in the holding has been
acquired under any law for the time being in force, relating to acquisition
of land; or-
(e) When he has been ejected under this Regulation; or
(f) when he has been deprived of possession and his right
to recover possession is barred by limitation ; or
(g) when his holding is declared as abandoned.
Forfeiture in case of
certain transfers
Reinstatement of
wrongfully ejected
tenant
Extinguishment of
tenancies
38
Definitions
Initiation of
consolidation
proceedings
Rejection of
application
Admission of
application
Preparation of
scheme for
consolidation of
holdings
CHAPTER XIV
Consolidation Of Holdings
163. In this Chapter, -
(i) “Consolidation of holdings” means the redistribution of all or
any of the land in a village, so as to allot to the tenants contiguous plot of
land for the convenience of cultivation;
(ii) “consideration officer” means of a revenue officer, not below
the rank of a Tehsildar, appointed by the Chief Commissioner for any
district or districts to exercise the powers, and to perform the duties of
consideration officer under this Regulation;
(iii) “scheme” means a scheme for the consolidation of holdings;
(iv) “tenant” does not include a grantee or a licensee of non-
agricultural land.
164. (1) Any two or more tenants in a village holding together not less
than the prescribed minimum area of land may apply in writing, stating
such particulars as may be prescribed, to be consolidation officer for the
consolidation of their holdings
(2) The Deputy Commissioner may of his own motion direct the
consideration officer to make an enquiry into the feasibility of
consolidation of holdings.
(3) If two-third of the tenants in a village apply for consolidation
of their holdings or if in the course of an enquiry conducted in pursuance
of an application made under sub-section (1) or in pursuance of a
direction under sub-section(2), two-thirds of the tenants of any village
make an application agreeing to the consideration of their holdings, such
application shall be deemed to be an application on behalf of all the
tenants of the village
165. (1) If on receipt of any such application or at any stage of the
proceedings thereon, there appears to be good and sufficient reason for
disallowing the application or for excluding the case of any applicant
from consideration, the consideration officer may submit the applicant to
the Deputy Commissioner with recommendation that the application be
rejected in whole or in part.
(2) The Deputy Commissioner on receipt of the recommendation
may accept it and pass orders accordingly or may order further inquiry
166. If the consideration officer admits the application he shall proceed
to deal with the same in accordance with the procedure laid down by or
under this Regulation
167. (1) If the tenants making the application under section 164 submit
a scheme mutually agreed to the consolidation officer shall in such
manner as may be prescribed, examine it and, if necessary, modify it.
(2) If no scheme is submitted with the application, the
consideration officer shall prepare a scheme in such manner as may be
prescribed and invite objections, if any, on the scheme in the prescribed
manner form the persons likely to be affected thereby.
(3) If the consolidation officer is of opinion that the redistribution
of the land in accordance with the scheme will have the result of allotting
to any tenant an interest in any holding or land of a less market or
productive value than that of his interest in the original holding or land
the scheme may provide for the payment of compensation to such tenant
by such person or persons as the consolidation officer may direct.
39
(4) The amount of compensation payable under sub-section (3)
shall be calculated as nearly as may be, in accordance with the
provisions of the Land Acquisition Act, 1894.
(5) When the scheme is complete, the consolidation officer, after
considering and as far as possible removing the objections, if any, made
to the scheme, shall submit it for confirmation to the Deputy
Commissioner.
168. The Deputy Commissioner may either confirm the scheme with
or without modifications or refuse to confirm it after considering the
objection or objections, if any to the scheme and the recommendation of
the consolidation officer, and the decision of the Deputy Commissioner
shall, subject to any order that may be passed in revision by the Chief
Commissioner under section 33, be final.
169. (1) When a scheme is confirmed-
(i) it shall be binding, if the scheme is in relation to case falling
under sub-section (3) of section 164, on all the tenants of the village and
on all persons who may subsequently be entitled to hold or occupy the
land affected by the scheme and, in any other case, on the applicants and
those who have agreed to the consolidation of their holdings and on all
persons who may subsequently be entitled to hold or occupy the land
affected by the scheme;
(ii) the consideration officer shall, if necessary, demarcate the
boundaries of the holdings and shall proceed to announce the decisions
finally made and case to be prepared in accordance with the scheme a
new field map, record of rights, other records prescribed under section
88 and Nistar Patrak (village administration paper).
(2) The new records prepared under sub-section (1) shall be
deemed to have been prepared under Chapter VIII or Chapter XVI, as
the case may be.
170. The Tenants on whom a scheme is binding shall be entitled to
possession of the holdings allotted to them under the scheme, from the
commencement of the agricultural year next following the date of
confirmation of the scheme, and the consolidation officer shall, if
necessary, put them by warrant in possession of the holdings to which
they are entitled:
Provided that if all the tenants agree, they may, after
confirmation, be put into possession of the holdings to which they are
entitled by the consolidation officer from any earlier date.
171. (1) Notwithstanding anything contained in this Regulation, the
rights of tenants in their holdings shall, for the purpose of giving effect
to any scheme affecting them, be transferable by exchange or otherwise
and no person shall be entitled to object to or interfere with any transfer
made for the said purpose
(2) The consolidation officer may also transfer by exchange or
otherwise any land belonging to the Government where such transfer is
necessary for the purpose of giving effect to any scheme.
172. Notwithstanding anything contained in any law for the time being
in force –
(a) no instrument in writing shall be necessary in order to give
effect to a transfer involved in carrying out any scheme; and
(b) no such instrument, if executed, shall require registration.
1 of 1894
Confirmation of
scheme
Consequences of
confirmation
Rights of tenants to
possession of
holdings
Transfer of rights of
tenants in holdings
No instrument
necessary to effect
transfer
40
Recovery of
compensation
Suspension of
partition
proceedings
during currency
of consolidation
proceedings
Transfer of
property during
proceedings
Rights of tenants
after consolidate-
on to be the
same as before
Encumbrances of
tenants
Formation of Co-
operative farm
173. (1) The consolidation officer shall, unless the Chief Commissioner
for sufficient reasons directs otherwise, recover from the tenants whose
holdings are affected by the scheme the cost of carrying out the scheme,
which shall be assessed in accordance with the rules made under this
Regulation.
(2) The consolidation officer shall apportion the costs among the
tenants liable to pay the same according to the occupied area of the
holdings affected by the scheme.
174. Any amount payable as compensation under sub-section (3) of
section 167 of sub-section (2) of section 178, shall be recoverable as an
arrear of land revenue.
175. When an application for the consolidation of holdings has been
admitted under section 166, no proceedings for partition of the holding
which will affect the scheme shall be commenced and all such
proceedings pending shall remain in abeyance during the continuance of
the consolidation proceedings.
176. Notwithstanding anything contained in this Regulation when an
application for the consolidation of holdings has been be binding shall
have power, during the continuance of the consolidation proceedings, to
transfer or otherwise deal with his interest in any part of his original
holding or land so as to affect the rights of any other tenant thereto under
the scheme.
177. A tenant shall have the same rights in the holding or land allotted
to him pursuance of a scheme as he had in his original holding or land
178. (1) If the holding of any tenant included in a scheme was
burdened with a lease, mortgage or other encumbrance, such lease,
mortgage or other encumbrance, shall be transferred therefrom and
attach itself to the holding allotted to him under the scheme or to such
part of it as the consolidation officer may determine and thereafter the
lessee, mortgage or other encumbrancer, as the case may be, shall
exercise his rights accordingly.
(2) If the holding to which a lease, mortgage or other
encumbrance is transferred under sub-section (1), is of less market value
than the original holding from which it is transferred, the lessee,
mortgage of other encumbrancer, as the case may be, shall be entitled to
the payment of such compensation by the person concerned as the
consolidation officer may determine.
(3) Notwithstanding anything contained in sub-section (1) or any
other law for the time being is force the consolidation officer shall, if
necessary, put any lessee of any mortgage or other encumbrance entitled
to possession by warrant into possession into of the holding of part of a
holding to which his lease, mortgage or other encumbrance has been
transferred under sub-section (1).
CHAPTER XV
Co-operative Farms
179. Any ten or more occupancy tenants holding between them twelve
hectares or more of land in any circle referred to in section 79 or section
80 and desiring to start a co-operative farm, may apply in writing to the
Cost of carrying out
scheme
41
Application of
registration
Registration of
Co-operative
farm
2 of 1912
2 of 1912
Registrar appointed under the Co-operative Societies Act, 1912,
hereinafter referred to as the ‘Registrar’, for the registration thereof.
180. An application for the registration of co-operative farm shall be
accompanied by extracts from the record-of-rights showing the total area
with the recorded numbers of all the fields held by each of the applicants
in the circle and shall contain such further particulars as may be
prescribed.
181. The Registrar may, if he is satisfied after such enquiry as may be
prescribed that the application has been duly made, register the Co-
operative Societies Act, 1912 and grant a certificate of registration.
182. When a co-operative farm has been registered under section 181
all lands in the circle held by the members shall, for so long as the
registration of the co-operative farm is not cancelled, be deemed to be
transferred to and held by the co-operative farm which shall thereupon
hold such land in accordance with the provisions of this Chapter, and
may, notwithstanding anything contained in this Regulation, use it for
purpose of agriculture or for the development of cottage industries.
183. When a certificate of registration in respect of any co-operative
farm has been granted under section 181, the provisions of the societies
Act, 1912 shall, in so far as they are not inconsistent with the provisions
of this Regulation or the rules made thereunder, be applicable thereto.
184. Every application submitted under section 179 shall be
accompanied with a copy of the proposed bye-laws of the cooperative
farm and such bye-laws shall be deemed to be the bye-laws required to
be field under subsection (3) of section 8 of the co-operative Societies
Act, 1912.
185. Nothing in this Chapter shall be constructed to mean that the
interest of an occupancy tenant in the land contributed to be the co-
operative farm has ceased to vest in him.
186. No member of a co-operative farm shall be entitled to make any
disposition of any land contributed by him to the farm.
187. Every number of a co-operative farm shall be entitled to such
rights and privileges, be subject to such obligations and liabilities and be
bound to discharge such duties as may be conferred or imposed upon
him by or under this Regulation.
188. Subject to such exceptions as may be prescribed, every member
shall be bound to contribute to the co-operative farm to such extent and
in such manner as may be prescribed-
(i) funds;
(ii) personal labour;
(iii) agricultural implementations and such other articles as may
be prescribed.
189. The co-operative farm shall, as from the date it is constituted, be
liable for the payment of all the land revenue and cesses in respect of the
land held by it.
190. Any person, who is a resident of the circle where the co-operative
farm is situated or who intends to settle down in the circle or who
cultivates and there in may be admitted as a member thereof upon such
terms and conditions as may be laid down by the farm
2 of 1912
2 of 1912
Land held by a
member to be
transferred to the
farm
Consequences of
registration
Bye laws of the
farm
Land contributed to
the farm to continue
to vest in the
occupancy tenant
Disposition of land
contributed to the
farm
Rights, privileges
obligations and
liabilities of
members
Contribution by a
member
Liability of the
farm to pay land
revenue and other
dues
Admission of new
members
42
Record of
unoccupied land
Preparation of
Nistar Patrak
Matter to be
provided for in
Nistar Patrak
Provision in
Nistar Patrak for
certain matters
191. When a member, whose land is held by a co-operative farm, dies
his heirs entitled to his interest under section 148, shall become members
of the co-operative farm.
192. (1) A co-operative farm shall be entitled to such concessions and
facilities as may be prescribed.
(2) Without prejudges to the generality of the foregoing
provision, the concessions and facilities may include-
(a) reduction of land revenue,
(b) reduction of, or exemption from, agricultural income-tax,
(c) free technical advice from experts employed by the
Government,
(d) financial aid and grant of subsidy and loans with or without
interest.
193. The provisions of this Chapter shall mutatis mutandis apply in
relation to grantees as they apply in relation to occupancy tenants.
CHAPTER XVI
Rights In Abadi And Unoccupied Land And Its Produce
194. A record of all unoccupied land shall be prepared and maintained
for every village in such manner as may be prescribed.
195. (1) The Deputy Commissioner shall, consistant with the
provisions of this Regulation and the rules made thereunder, prepare a
Nistar Patrak (Village administration paper) embodying a scheme of
management of all unoccupied land in a village and all matters incidental
thereto and including in particular matters specified in section 196.
(2) A draft of the Nistar Patrak shall be published in the village
and after ascertaining in wishes of the residents of the village in the
prescribed manner, the Deputy Commissioner may finalise the draft with
or without modifications.
(3) On a request being made by the Gram Sabha, or where there is
no Gram Sabha, on the application of not less that one-fourth of the adult
residents of a village, or of his own motion the Deputy Commissioner
may, at any time, modify any provision in the Nistar Patrak after such
enquiry as he deems fit.
196. The following matters shall be provided in the Nistar Patrak
referred to in section 195, namely :-
(a) the terms and conditions on which grazing of cattle in the
village may be permitted;
(b) the terms and conditions on which and the extend to which any
resident of the village may obtain-
(i) wood, timber, fuel or any other, forest produce,
(ii) mooram, kankar, earth, or any minor mineral;
(c) the instructions regulating generally the grazing of cattle and
the removal of the articles mentioned in clause (b);
(d) any other matter required to be recorded in the Nistar Patrak by
or under this Regulation.
Explanation - In this section and in section 197 the expression “minor
minerals” shall have the meaning assigned to it in clause (e) of section 2
of the Mines and Minerals (Regulation and Development) Act, 1957.
197. In preparing the Nistar Patrak as provided in section 196 the
Deputy Commissioner shall, as far as possible, make provision for-
Heirs entitled to
become members of
the farm
Concessions and
facilities for the co-
operative farm
Provisions of
Chapter to apply to
grantee
67 of 1957
43
Deputy
Commissioner to
set apart
unoccupied land
for certain
purposes
(a) free grazing of the cattle used for agriculture;
(b) removal, free of charge, by residents of the village for their
bona fide domestic consumption of –
(i) forest produce;
(ii) minor minerals;
(c) concessions to be granted to the village craftsmen for the
removal of forest produce or minor minerals for the purpose of rheir
craft.;
198. (1) Subject to such rules as may be made under this Regulation,
the Deputy Commissioner may set apart unoccupied land for the
following purposes, namely :-
(a) for timber or fuel reserve;
(b) for paster or fodder reserve;
(c) for burial ground and cremation ground;
(d) for keeping cattle;
(e) for encamping ground;
(f) for threshing floor;
(g) for bazaar;
(h) for skinning ground;
(i) for manure pits;
(j) for any public purpose such as schools, playgrounds, parks, roads
lanes and draines;
(k) for any other purposes which may be prescribed.
(2) Lands set apart specially for any purpose mentioned in sub-
section (1) shall not otherwise be diverted for any other purpose without
the previous sanction of the Deputy Commissioner.
(3) Notwithstanding anything contained in this section, if the
Deputy Commissioner is satisfied that any unoccupied land set apart for
any of the suitable for such purposes mentioned in sub-section (1) is not
immediately required or suitable for such purpose, he may allot such
land to such person, for such periods and purposes and on such terms
and conditions, as may be prescribed.
(4) Where any land is allotted under sub-section (3), nothing in
Chapter XIII shall apply to the allottee of such land.
199. If the Chief Commissioner is of opinion that the cutting of any
trees in any unoccupied land is detrimental to public interest or that it is
necessary to prohibit or regulate the cutting of any trees in such land for
preventing soil erosion he may, by general or special order, prohibit or
regulate the cutting of such trees.
200. Where the area reserved for abadi is, in the opinion of the Deputy
Commissioner, insufficient, be may reserve such further area for abadi
from the unoccupied land in the village as he may think fit.
201. (1) The Government reserves the right, in respect of every land to
and over the foreshore, quarries, mines, stone, slate, chalk clay, precious
stones, gold washing, coal and other minerals and mineral oils and also
to all stream water courses and public thoroughfares within or traversing
the said lands or any part thereof, unless any or all of them are expressly
specified for alienation in any instrument made by the Government.
(2) The right to all mines and quarries includes the right of access
to land for the purpose of mining and quarrying and the right to occupy
such other land as may be necessary for purposes subsidiary thereto,
Prohibiting of
cutting of certain
trees
Abadi
Government’s title
to minerals
44
1 of 1894
including the erection of offices, workmen’s dwellings, machinery, the
stacking of minerals and deposit of refuse, the construction of roads or
tram-lines and any other purposes which the Government may declare to
be subsidiary to mining and quarrying.
* (2) (a) “The Government may assign to any person, its right over
any minerals, mines or quarries and the Chief Commissioner may with
the previous approval of the Government assign to any person the right
of the Government over minor minerals.
Explanation- In this sub-section, the expression “minor minerals”
has the same meaning assigned to it in clause (e) of section 3 of the
Mines and Minerals (Regulation and Development) Act, 1957.”
** (3) If the Government or the Chief Commissioner has assigned
to any person its right over any minerals, mines or quarries, and if for the
proper enjoyment of such right it is necessary that all or any of the power
specified in sub-section (2) should be exercised, the Deputy
Commissioner may, by order in writing and subject to such conditions
and reservations as he may specify, authorise the person to whom such
right has been assigned to exercise such powers:
** (4) If, in the exercise of any right over any land under this
section, the rights of any person are infringed by the occupation or
disturbance of such land, the Government or the Chief Commissioner or
the assignee shall pay to such person compensation for such
infringement and the amount of such compensation shall be calculated
by the Sub-Divisional Officer, or if is award is not accepted, by the civil
court, as nearly as may be in accordance with the provisions of the Land
Acquisition Act, 1894
** (5) If an assignee fails to pay compensation as provided in sub-
section (4), the Deputy Commissioner may recover such compensation
from him on behalf of the persons entitled to it, as if it were an arrear of
land revenue
** (6) If any person who without lawful authority extracts or
removes minerals from any mine or quarry, the right to which vests in
the Government and has not been assigned to him by, the Government or
the Chief Commissioner, such person shall, without prejudice to any
other action that may be taken against him, be liable on the Exceeding a
sum calculated at double the market value of the minerals so extracted or
removed:
Provided that if the sum so calculated is less than one thousand
rupees, the penalty may be such larger sum not exceeding one thousand
rupees as the Deputy Commissioner may impose.
** (7) Without prejudice to the provisions of sub-section (6). the
Deputy Commissioner may seize and confiscate any mineral extracted or
removed from any mine or quarry the right to which vests in, the
Government and has not been assigned by, the Government or the Chief
Commissioner.
__________________________________________________________
* Sub-section 2(a) inserted vide Notification No. 128/F.No. 52-3/76-J.I
dated 24-7-76.
** Sub-section 3, 4, 5, 6 and 7 of section 201 of Principal Regulation are
amended vide Notification No. 128/F.No. 52 3/76 JIdt. 24-7-76.
45
Penalty of
unauthorized
occupation of
land
Penalty of
contravention of
provisions
202. (1) Any person who unauthorisedly takes or remains in
possession of any unoccupied land or abadi may be summarily ejected
by order of the Tehsildar and any crop which may be standing on the
land and any building or other work which he may have constructed
thereon, if not removed by him within such times as the Tehsildar may
fix, shall be liable to forfeiture.
(2) Any property forfeited under sub-section (1) shall be disposed
of in such manner as the Tehsildar may direct and the cost of removal of
any crop, building or other work and of all works necessarily to restore
the land to its original condition shall be recoverable from such person as
an arrear of land revenue.
(3) Such person shall, subject to the provisions of sub-section (5),
also be liable, at the discretion of the Tehsildar, to a fine which may
extend to two hundred and fifty rupees.’
(4) The Tehsildar may apply the whole or any part of the fine
imposed under sub section (3) to compensate persons who may, in his
opinion, have suffered loss or injury from such unauthorized occupation.
(5) If any case, the Tehsildar considers that circumstances of the
case warrant imposition of a fine exceeding two hundred and fifty rupees
he may refer the case to the Sub-Divisional Officer who shall then, after
giving the party concerned an opportunity of being heard, pass such
orders in respect of fine as he may deem fit.
(6) If any person ordered to be ejected under sub-section (1) has
constructed any work of a permanent nature under a bonafied mistake,
he may apply to the Deputy Commissioner for condonation of the
encroachment and the Deputy Commissioner may, if satisfied that the
work was constructed in under a bonafied mistake and that the land can
be allowed to remain in the possession of such person without any
serious detriment to public purpose, condone the encroachment under
such terms as he may deem fit.
(7) No order made under sub-section (1) shall prevent any person
from establishing his rights in a civil court.
(8) If notice of an intention to institute a suit is delivered to the
Tehsildar, he shall desist from carrying out his order under sub-section
(1) for a period of three months, and if such suit is filed within such
period he shall stay his proceedings pending the decision of the civil
court.
203. (1) Save as otherwise provided in this Chapter any person who
acts in contravention of the provisions of this Chapter or of the
provisions of the Nistar Patrak prepared under section 195 shall be liable
to such penalty not exceeding two hundred rupees as the Divisional
Officer may, after giving such person an opportunity to be heard, deem
fit and the Sub-Divisional Officer may further order confiscation of any
timber, forest produce, or any other produce which such person may
have unlawfully appropriated or removed.
(2) Where the Sub-Divisional Officer passes an order imposing a
penalty under this section, he may direct that the whole or any part of the
penalty may be applied to meet the cost of such measures as may be
necessary to prevent loss or injury to the public owing to such
contravention.
46
7 of 1870
CHAPTER XVII
Miscellaneous
204. No suit or other proceeding shall, unless otherwise expressly
provided in this Regulation, lie or be instituted in any civil court with
respect to any matter arising under and provided for by this Regulation.
205. Notwithstanding anything contained in the Court-fees Act, 1870,
every application, appeal or other proceeding under this Regulation shall
bear a court-fee stamp of such value as may be prescribed.
206. No suit, prosecution or other proceeding shall lie-
(a) against any officer of the Government for anything in good
faith done or intended to be done under this Regulation ;
(b) against the Government for any damage caused or likely to be
caused or any injury suffered or likely to be suffered by anything in good
faith done or intended to be done under this Regulation.
207. With the previous approval of the Government, the Chief
Commissioner may, by notification exempt any class of land from all or
any of the provisions of this Regulation.
208. The Chief Commissioner may, by notification, delegate to any
officer or authority subordinate to him any of the powers conferred on
him or on any officer subordinate to him by this Regulation, other than
the power to make rules, to be exercised subject to such restriction, and
conditions as may be specified in the notification.
209. If any difficulty arises in giving effect to any provision of this
Regulation, the Government may, as occasion required, take any action
not inconsistent with the provisions of this Regulation which may appear
to it necessary for this purpose or removing the difficulty.
210. (1) The Chief Commissioner may, after previous publication,
make rules for the purpose of carrying into effect the provisions of this
Regulation.
(2) In particular and without prejudice to the foregoing power,
such rules may provide for all or any of the following matters namely:-
(i) the manner of preservation or disposal of trees,
brushwood, jungles or other natural product under sub-section (2) of
section 38;
(ii) the manner of assessment of lands revenue under section
40;
(iii)the manner of assessment of lands revenue on unassessed
land under section 41;
(iv) the manner of inquiry into the profits of agriculture and
into the value of land used for agricultural and non-agricultural purposes
under section 45;
(v) the manner of measurement of lands to which revenue
survey extends, construction of survey marks thereon, division of lands
into survey numbers and grouping the survey numbers into villages,
under section 49;
(vi) the manner of carrying out division of survey numbers
into sub-division and the apportionment of the assessment of the survey
numbers amongst the sub-division and the limit of the area or land
revenue for recognition of sub-division of a survey number, under
section 51;
Jurisdiction of civil
courts excluded
Court-fee
Protection of action
taken is good faith
Powers to exempt
Delegation of
powers
Power to remove
difficulties
Power to make rule
47
(vii) the records in which the area and assessment of survey
numbers and sub-divisions of survey numbers may be entered under
section 52;
(viii) the form and the manner in which and the period for
which the table of assessment rates may be prepared and published
section 55;
(ix) the manner in which the estimated rental value of the
land may be determined under sub-section (4) of section 58;
(x) the manner in which notice of assessment may be given
under section 59;
(xi) the manner of altering the boundaries of a village,
dividing a village into two or more villages or uniting two or more
villages into one, under section 62;
(xii) the member of dividing lands in urban areas into plot
numbers, recognizing existing survey numbers as plot numbers,
reconstituting plot numbers and forming new plot numbers , under
section 68;
(xiii) the manner of dividing plot numbers into sub-divisions
and apportioning the assessment of plot numbers amongst the sub-
divisions and the limits, either of area or of land revenue or both, in any
local area for recognition of sub-divisions, under section 69;
(xiv) the records in which the area and assessment of plot
numbers and sub-divisional of plot numbers may be entered under
section 70;
(xv) the special purposes to which regard may be had in
forming blocks under section 71;
(xvi) the manner of publishing the standard rates under
section 72;
(xvii) the manner of determining the average annual letting
value of land, and of fixing standard rates of assessment on land held for
agricultural purposes under section 73;
(xviii) the duties of patwaris under section 79;
(xix) the duties of revenue inspectors, town surveyors,
assistant town surveyors and measurers under section 81;
(xx) the authority by which the field map may be prepared
under section 82;
(xxi) the form and the manner in which the record-of-rights
shall be prepared and maintained under section 83 and the particulars
which may be included in the record –of-rights;
(xxii) the form of acknowledgement to be given by the
patwari under section 84 and sub-section (4) of section 85;
(xxiii) the officers by whom and the manner in which
objection entered in the register of mutation may be certified under sub-
section (5), and the manner in which entries in the register of mutation
may be transferred to the record-of-rights under sub-section (6), of
section 85
(xxiv) the preparation of land records under section 88;
(xxv) the officers by whom and the fees on payment of which
certified copies of entries in the record-of-rights may be granted under
section 94;
(xxvi) the restriction and condition subject to which and the
fees on payment of which the public may be allowed to inspect maps
and land records under section 95;
48
3 of 1926
(xxvii) the specification of, and the manner of construction
and maintenance of, boundary marks of villages, survey numbers and
plot numbers, under section 96;
(xxviii) the manner in which disputes concerning any
boundaries may be decided by survey officers under section 109;
(xxix) the date on which, the installment in which and the
persons to whom land revenue may be paid under section 115;
(xxx) the circumstances in which remission or suspension of
land revenue may be granted and the rate of such remission or
suspension under section 119;
(xxxi) the procedure to be observed in effecting attachment
and sale of movable and immovable properties and the procedure of
publishing conducting, setting aside and confirming sales and all other
ancillary matters connected with such proceedings, under section 122;
(xxxii) the authority by whom and the manner in which the
sale of the interest of the defaulter in the immovable property may be
confirmed under section 128;
* (xxxii (a) ) the inspection by officers of land in respect of
which a grant has been made or licence has been granted under section
146 and the carrying out by grantees and licencees of such preventive or
remedial measures as may be necessary for the protection of plants or
crops in such land;
(xxxiii) the manner in which reasonable rent payable by a
sub-tenant may be determined under sub-section (6) of section 149;
(xxxiv) the minimum area of land to be held by two or more
tenants, together for making an application for consolidation of their
holdings under section 164;
(xxxv) the manner in which the scheme of consolidation of
holding may be prepared and objections thereto may be invited, under
section 167;
(xxxvi) the manner of assessment of costs of carrying out the
scheme of consolidation of holdings under section 173;
(xxxvii) the particulars which an application for the
registration of a co-operative farm may contain under section 180;
the concessions and facilities to which a co-operative farm may be
entitled under section 192;
(xxxviii) the manner in which the record of unoccupied lands
may be prepared and maintained under section 194;
(xxxix) any other matter which is to be, or may be,
prescribed.
211. (1) The Andaman and Nicobar Islands (Land Tenure) Regulation,
1926, is hereby repealed.
(2) The repeal of the said Regulation shall not effect,-\
(a) the previous operation of the said Regulation or anything duly
done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued,
or incurred under the said Regulation; or
(c) any penalty, forfeiture or punishment incurred in respect of
any offence committed against the said Regulation; or
--------------------------------------------------------------------------------------
* Inserted vide Notification No. 128/76 F.No. 52-3/75-J.I dated 24-7-
1976.
Repeal
49
(d) any investigation, legal proceedings or remedy in respect of
any such right, privilege, obligation, liability, penalty, forfeiture or
punishment as aforesaid, and any such investigation, legal proceeding or
remedy may be instituted, continued or enforced, and any such penalty,
forfeiture or punishment may be imposed as if the said Regulation had
not been repealed.
(3) Subject to the provision contained in sub-section (2),
anything done or any action taken under the said Regulation and the
rules made thereunder shall in so far as it is not inconsistent with the
provision of this Regulation, be deemed to have been done or taken
under this Regulation and shall continue to be in force until done or
taken under this Regulation and shall continue to be in force until
suppressed by anything done any action taken under this Regulation.
212. Notwithstanding anything contained in this Regulation-
(a) all cases pending before the Chief Commissioner or any
revenue officer at the commencement of this Regulation shall be
disposed of according to the law which would have been applicable to
such cases had his Regulation not been passed;
(b) all cases pending before civil court at the commencement of
this Regulation which would under this Regulation be triable by a
revenue court, shall be disposed of by such civil court according to the
law which would have been applicable to such cases had this Regulation
not been passed; and
(c) all further proceedings with respect to the cases referred to in
clause (a) and (b) whether by way f appeal; revision, review or
otherwise, shall be taken or instituted and disposed or according to the
law which would have been applicable to such proceedings had this
Regulation not been passed.
____________________
Transitory
provision.
50
THE SCHEDULE
[See Section 2(6)]
List Of Commercial Trees
1. White Dhup (Canarium euphyllum)
2. Bakota (Endoperium malaccense)
3. Kadam (Anthocephalus cadmba)
4. Didu or Demul (Bombax insigne)
5. Papita (Sterculia camponulata)
6. Lambapathi (Sideroxylonlon gepetiolatum)
7. Evodia (Evodiaglabra)
8. Red Dhup (Parishis insignis)
9. Lethok (Stercullia alata)
10. Thitpok (Tetrameles nudiflora)
11. Gurjan (Dipterocarpurs spp.)
12. White Chuglam (Terminalia bialate)
13. Badam (Termonalia procera)
14. Chaplash or Taungpeinne (Artocarpus chaplasha)
15. Lalchini (Amoora wallichi_
16. Bomboza (Albizza stipulata)
17. Black Chuglam (Terminalia mani)
18. Pyinma (Lagetsroemia hypoleuea)
19. Lakuch (Artocarpus gomeziana)
20. Thingan (Hopea odorata)
21. Jhingan (Pajanelia rheedii)
22. Ywig (Adenanthera pavonina)
23. Lal Bambwe (Planchonia andamanica)
24. Hil Mohwa (Basia butyracea)
25. Gangaw (Mesua ferrea)
26. sea Mohwa (Mismusops littoralis)
27. Chooi (Sageraea elliptica)
28. Thikandu (Pometia pinnata)
29. Mangrove (Bruguiera sp.)
30. Nabe (Lannea grandis)
31. Koko (Albizza lebbek)
32. Paduak (Pertocarpus dalbergioides)
33. Marble wood (Diespyos marmorata)
34. Satinwood (Murraya exoitica).
S.RADHAKRISHANA
President.
S.P.SENVARMA,
Secy. to the Govt. of India
Open official source version ↗About this act
- Jurisdiction
- Andaman and Nicobar Islands
- Enactment date
- 1966-12-30
- Sections available
- Document reader
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.