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Section 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

The Andaman and Nicobar Islands Land Revenue and Reforms Regulation 1966Union territory Act of Andaman and Nicobar Islands · Act 2 of 1966

(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, nonoccupancy 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 subletting 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 subsection 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 nonagricultural 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 consolidateon to be the same as before Encumbrances of tenants Formation of Cooperative 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 Cooperative 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 cooperative 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.

Where this provision sits

ActThe Andaman and Nicobar Islands Land Revenue and Reforms Regulation 1966
Section151
Marginal note(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
JurisdictionUnion territory of Andaman and Nicobar Islands
StatusIn force as published by the source

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