(a) for timber or fuel reserve;
(b) for paster or fodder reserve;
(c) for burial ground and cremation ground;
(d) for keeping cattle;
(e) for encamping ground;
(f) for threshing floor;
(g) for bazaar;
(h) for skinning ground;
(i) for manure pits;
(j) for any public purpose such as schools, playgrounds, parks, roads lanes and draines;
(k) for any other purposes which may be prescribed.
(2) Lands set apart specially for any purpose mentioned in subsection (1) shall not otherwise be diverted for any other purpose without the previous sanction of the Deputy Commissioner.
(3) Notwithstanding anything contained in this section, if the Deputy Commissioner is satisfied that any unoccupied land set apart for any of the suitable for such purposes mentioned in sub-section (1) is not immediately required or suitable for such purpose, he may allot such land to such person, for such periods and purposes and on such terms and conditions, as may be prescribed.
(4) Where any land is allotted under sub-section (3), nothing in Chapter XIII shall apply to the allottee of such land.
199. If the Chief Commissioner is of opinion that the cutting of any trees in any unoccupied land is detrimental to public interest or that it is necessary to prohibit or regulate the cutting of any trees in such land for preventing soil erosion he may, by general or special order, prohibit or regulate the cutting of such trees.
200. Where the area reserved for abadi is, in the opinion of the Deputy Commissioner, insufficient, be may reserve such further area for abadi from the unoccupied land in the village as he may think fit.
201. (1) The Government reserves the right, in respect of every land to and over the foreshore, quarries, mines, stone, slate, chalk clay, precious stones, gold washing, coal and other minerals and mineral oils and also to all stream water courses and public thoroughfares within or traversing the said lands or any part thereof, unless any or all of them are expressly specified for alienation in any instrument made by the Government.
(2) The right to all mines and quarries includes the right of access to land for the purpose of mining and quarrying and the right to occupy such other land as may be necessary for purposes subsidiary thereto, Prohibiting of cutting of certain trees Abadi Government’s title to minerals 44 1 of 1894 including the erection of offices, workmen’s dwellings, machinery, the stacking of minerals and deposit of refuse, the construction of roads or tram-lines and any other purposes which the Government may declare to be subsidiary to mining and quarrying.
* (2) (a) “The Government may assign to any person, its right over any minerals, mines or quarries and the Chief Commissioner may with the previous approval of the Government assign to any person the right of the Government over minor minerals.
Explanation- In this sub-section, the expression “minor minerals” has the same meaning assigned to it in clause (e) of section 3 of the Mines and Minerals (Regulation and Development) Act, 1957.” ** (3) If the Government or the Chief Commissioner has assigned to any person its right over any minerals, mines or quarries, and if for the proper enjoyment of such right it is necessary that all or any of the power specified in sub-section (2) should be exercised, the Deputy Commissioner may, by order in writing and subject to such conditions and reservations as he may specify, authorise the person to whom such right has been assigned to exercise such powers:
** (4) If, in the exercise of any right over any land under this section, the rights of any person are infringed by the occupation or disturbance of such land, the Government or the Chief Commissioner or the assignee shall pay to such person compensation for such infringement and the amount of such compensation shall be calculated by the Sub-Divisional Officer, or if is award is not accepted, by the civil court, as nearly as may be in accordance with the provisions of the Land Acquisition Act, 1894 ** (5) If an assignee fails to pay compensation as provided in subsection (4), the Deputy Commissioner may recover such compensation from him on behalf of the persons entitled to it, as if it were an arrear of land revenue ** (6) If any person who without lawful authority extracts or removes minerals from any mine or quarry, the right to which vests in the Government and has not been assigned to him by, the Government or the Chief Commissioner, such person shall, without prejudice to any other action that may be taken against him, be liable on the Exceeding a sum calculated at double the market value of the minerals so extracted or removed:
Provided that if the sum so calculated is less than one thousand rupees, the penalty may be such larger sum not exceeding one thousand rupees as the Deputy Commissioner may impose.
** (7) Without prejudice to the provisions of sub-section (6). the Deputy Commissioner may seize and confiscate any mineral extracted or removed from any mine or quarry the right to which vests in, the Government and has not been assigned by, the Government or the Chief Commissioner.
__________________________________________________________ * Sub-section 2(a) inserted vide Notification No. 128/F.No. 52-3/76-J.I dated 24-7-76.
** Sub-section 3, 4, 5, 6 and 7 of section 201 of Principal Regulation are amended vide Notification No. 128/F.No. 52 3/76 JIdt. 24-7-76.
45 Penalty of unauthorized occupation of land Penalty of contravention of provisions
202. (1) Any person who unauthorisedly takes or remains in possession of any unoccupied land or abadi may be summarily ejected by order of the Tehsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if not removed by him within such times as the Tehsildar may fix, shall be liable to forfeiture.
(2) Any property forfeited under sub-section (1) shall be disposed of in such manner as the Tehsildar may direct and the cost of removal of any crop, building or other work and of all works necessarily to restore the land to its original condition shall be recoverable from such person as an arrear of land revenue.
(3) Such person shall, subject to the provisions of sub-section (5), also be liable, at the discretion of the Tehsildar, to a fine which may extend to two hundred and fifty rupees.’
(4) The Tehsildar may apply the whole or any part of the fine imposed under sub section (3) to compensate persons who may, in his opinion, have suffered loss or injury from such unauthorized occupation.
(5) If any case, the Tehsildar considers that circumstances of the case warrant imposition of a fine exceeding two hundred and fifty rupees he may refer the case to the Sub-Divisional Officer who shall then, after giving the party concerned an opportunity of being heard, pass such orders in respect of fine as he may deem fit.
(6) If any person ordered to be ejected under sub-section (1) has constructed any work of a permanent nature under a bonafied mistake, he may apply to the Deputy Commissioner for condonation of the encroachment and the Deputy Commissioner may, if satisfied that the work was constructed in under a bonafied mistake and that the land can be allowed to remain in the possession of such person without any serious detriment to public purpose, condone the encroachment under such terms as he may deem fit.
(7) No order made under sub-section (1) shall prevent any person from establishing his rights in a civil court.
(8) If notice of an intention to institute a suit is delivered to the Tehsildar, he shall desist from carrying out his order under sub-section
(1) for a period of three months, and if such suit is filed within such period he shall stay his proceedings pending the decision of the civil court.
203. (1) Save as otherwise provided in this Chapter any person who acts in contravention of the provisions of this Chapter or of the provisions of the Nistar Patrak prepared under section 195 shall be liable to such penalty not exceeding two hundred rupees as the Divisional Officer may, after giving such person an opportunity to be heard, deem fit and the Sub-Divisional Officer may further order confiscation of any timber, forest produce, or any other produce which such person may have unlawfully appropriated or removed.
(2) Where the Sub-Divisional Officer passes an order imposing a penalty under this section, he may direct that the whole or any part of the penalty may be applied to meet the cost of such measures as may be necessary to prevent loss or injury to the public owing to such contravention.
46 7 of 1870
CHAPTER XVII Miscellaneous
204. No suit or other proceeding shall, unless otherwise expressly provided in this Regulation, lie or be instituted in any civil court with respect to any matter arising under and provided for by this Regulation.
205. Notwithstanding anything contained in the Court-fees Act, 1870, every application, appeal or other proceeding under this Regulation shall bear a court-fee stamp of such value as may be prescribed.
206. No suit, prosecution or other proceeding shall lie-
(a) against any officer of the Government for anything in good faith done or intended to be done under this Regulation ;
(b) against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Regulation.
207. With the previous approval of the Government, the Chief Commissioner may, by notification exempt any class of land from all or any of the provisions of this Regulation.
208. The Chief Commissioner may, by notification, delegate to any officer or authority subordinate to him any of the powers conferred on him or on any officer subordinate to him by this Regulation, other than the power to make rules, to be exercised subject to such restriction, and conditions as may be specified in the notification.
209. If any difficulty arises in giving effect to any provision of this Regulation, the Government may, as occasion required, take any action not inconsistent with the provisions of this Regulation which may appear to it necessary for this purpose or removing the difficulty.
210. (1) The Chief Commissioner may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Regulation.
(2) In particular and without prejudice to the foregoing power, such rules may provide for all or any of the following matters namely:-
(i) the manner of preservation or disposal of trees, brushwood, jungles or other natural product under sub-section (2) of section 38;
(ii) the manner of assessment of lands revenue under section 40;
(iii)the manner of assessment of lands revenue on unassessed land under section 41;
(iv) the manner of inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes under section 45;
(v) the manner of measurement of lands to which revenue survey extends, construction of survey marks thereon, division of lands into survey numbers and grouping the survey numbers into villages, under section 49;
(vi) the manner of carrying out division of survey numbers into sub-division and the apportionment of the assessment of the survey numbers amongst the sub-division and the limit of the area or land revenue for recognition of sub-division of a survey number, under section 51;
Jurisdiction of civil courts excluded Court-fee Protection of action taken is good faith Powers to exempt Delegation of powers Power to remove difficulties Power to make rule 47
(vii) the records in which the area and assessment of survey numbers and sub-divisions of survey numbers may be entered under section 52;
(viii) the form and the manner in which and the period for which the table of assessment rates may be prepared and published section 55;
(ix) the manner in which the estimated rental value of the land may be determined under sub-section (4) of section 58;
(x) the manner in which notice of assessment may be given under section 59;
(xi) the manner of altering the boundaries of a village, dividing a village into two or more villages or uniting two or more villages into one, under section 62;
(xii) the member of dividing lands in urban areas into plot numbers, recognizing existing survey numbers as plot numbers, reconstituting plot numbers and forming new plot numbers , under section 68;
(xiii) the manner of dividing plot numbers into sub-divisions and apportioning the assessment of plot numbers amongst the subdivisions and the limits, either of area or of land revenue or both, in any local area for recognition of sub-divisions, under section 69;
(xiv) the records in which the area and assessment of plot numbers and sub-divisional of plot numbers may be entered under section 70;
(xv) the special purposes to which regard may be had in forming blocks under section 71;
(xvi) the manner of publishing the standard rates under section 72;
(xvii) the manner of determining the average annual letting value of land, and of fixing standard rates of assessment on land held for agricultural purposes under section 73;
(xviii) the duties of patwaris under section 79;
(xix) the duties of revenue inspectors, town surveyors, assistant town surveyors and measurers under section 81;
(xx) the authority by which the field map may be prepared under section 82;
(xxi) the form and the manner in which the record-of-rights shall be prepared and maintained under section 83 and the particulars which may be included in the record –of-rights;
(xxii) the form of acknowledgement to be given by the patwari under section 84 and sub-section (4) of section 85;
(xxiii) the officers by whom and the manner in which objection entered in the register of mutation may be certified under subsection (5), and the manner in which entries in the register of mutation may be transferred to the record-of-rights under sub-section (6), of section 85
(xxiv) the preparation of land records under section 88;
(xxv) the officers by whom and the fees on payment of which certified copies of entries in the record-of-rights may be granted under section 94;
(xxvi) the restriction and condition subject to which and the fees on payment of which the public may be allowed to inspect maps and land records under section 95;
48 3 of 1926
(xxvii) the specification of, and the manner of construction and maintenance of, boundary marks of villages, survey numbers and plot numbers, under section 96;
(xxviii) the manner in which disputes concerning any boundaries may be decided by survey officers under section 109;
(xxix) the date on which, the installment in which and the persons to whom land revenue may be paid under section 115;
(xxx) the circumstances in which remission or suspension of land revenue may be granted and the rate of such remission or suspension under section 119;
(xxxi) the procedure to be observed in effecting attachment and sale of movable and immovable properties and the procedure of publishing conducting, setting aside and confirming sales and all other ancillary matters connected with such proceedings, under section 122;
(xxxii) the authority by whom and the manner in which the sale of the interest of the defaulter in the immovable property may be confirmed under section 128;
* (xxxii (a) ) the inspection by officers of land in respect of which a grant has been made or licence has been granted under section 146 and the carrying out by grantees and licencees of such preventive or remedial measures as may be necessary for the protection of plants or crops in such land;
(xxxiii) the manner in which reasonable rent payable by a sub-tenant may be determined under sub-section (6) of section 149;
(xxxiv) the minimum area of land to be held by two or more tenants, together for making an application for consolidation of their holdings under section 164;
(xxxv) the manner in which the scheme of consolidation of holding may be prepared and objections thereto may be invited, under section 167;
(xxxvi) the manner of assessment of costs of carrying out the scheme of consolidation of holdings under section 173;
(xxxvii) the particulars which an application for the registration of a co-operative farm may contain under section 180;
the concessions and facilities to which a co-operative farm may be entitled under section 192;
(xxxviii) the manner in which the record of unoccupied lands may be prepared and maintained under section 194;
(xxxix) any other matter which is to be, or may be, prescribed.
211. (1) The Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, is hereby repealed.
(2) The repeal of the said Regulation shall not effect,-\
(a) the previous operation of the said Regulation or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued, or incurred under the said Regulation; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation; or -------------------------------------------------------------------------------------- * Inserted vide Notification No. 128/76 F.No. 52-3/75-J.I dated 24-7-
1976.
Repeal 49
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the said Regulation had not been repealed.
(3) Subject to the provision contained in sub-section (2), anything done or any action taken under the said Regulation and the rules made thereunder shall in so far as it is not inconsistent with the provision of this Regulation, be deemed to have been done or taken under this Regulation and shall continue to be in force until done or taken under this Regulation and shall continue to be in force until suppressed by anything done any action taken under this Regulation.
212. Notwithstanding anything contained in this Regulation-
(a) all cases pending before the Chief Commissioner or any revenue officer at the commencement of this Regulation shall be disposed of according to the law which would have been applicable to such cases had his Regulation not been passed;
(b) all cases pending before civil court at the commencement of this Regulation which would under this Regulation be triable by a revenue court, shall be disposed of by such civil court according to the law which would have been applicable to such cases had this Regulation not been passed; and
(c) all further proceedings with respect to the cases referred to in clause (a) and (b) whether by way f appeal; revision, review or otherwise, shall be taken or instituted and disposed or according to the law which would have been applicable to such proceedings had this Regulation not been passed.
____________________ Transitory provision.
50 THE SCHEDULE [See Section 2(6)] List Of Commercial Trees
1. White Dhup (Canarium euphyllum)
2. Bakota (Endoperium malaccense)
3. Kadam (Anthocephalus cadmba)
4. Didu or Demul (Bombax insigne)
5. Papita (Sterculia camponulata)
6. Lambapathi (Sideroxylonlon gepetiolatum)
7. Evodia (Evodiaglabra)
8. Red Dhup (Parishis insignis)
9. Lethok (Stercullia alata)
10. Thitpok (Tetrameles nudiflora)
11. Gurjan (Dipterocarpurs spp.)
12. White Chuglam (Terminalia bialate)
13. Badam (Termonalia procera)
14. Chaplash or Taungpeinne (Artocarpus chaplasha)
15. Lalchini (Amoora wallichi_
16. Bomboza (Albizza stipulata)
17. Black Chuglam (Terminalia mani)
18. Pyinma (Lagetsroemia hypoleuea)
19. Lakuch (Artocarpus gomeziana)
20. Thingan (Hopea odorata)
21. Jhingan (Pajanelia rheedii)
22. Ywig (Adenanthera pavonina)
23. Lal Bambwe (Planchonia andamanica)
24. Hil Mohwa (Basia butyracea)
25. Gangaw (Mesua ferrea)
26. sea Mohwa (Mismusops littoralis)
27. Chooi (Sageraea elliptica)
28. Thikandu (Pometia pinnata)
29. Mangrove (Bruguiera sp.)
30. Nabe (Lannea grandis)
31. Koko (Albizza lebbek)
32. Paduak (Pertocarpus dalbergioides)
33. Marble wood (Diespyos marmorata)
34. Satinwood (Murraya exoitica).
S.RADHAKRISHANA President.
S.P.SENVARMA, Secy. to the Govt. of India