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 nonurban 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 subdivisions 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 subordinate 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 successorin-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 subsection (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, notwithstanding 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 Assistant 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 subdivisions 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 subdivisions 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 nonagricultural 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 subsection (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 subsection (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 subdivisions 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 Settlement 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 subdivided plot numbers.
17 Area and assessment 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 Commissioner 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 reassessment 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-ofrights 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 subjectmatter 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 nonpayment 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 subdivisional 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 recoverable 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 Cooperative 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 management 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