(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 nonagricultural 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 subletting 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.