Andaman And Nicobar Islands Lands… Bare Act

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

Type	Regulations
Year	1966
Status	In force as published by the source
Text	Published as one document, as the source published it
Subjects	property

REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY

PART II—Section 1 PUBLISHED BY AUTHORITY No. 42] NEW DELHI, SATURSDAY, OCTOBER 29,1966/KARTIKA 7, 1888 (saks) Separate paging is given tot his Part in order that it may be field as a separate compilation.

MINISTRY OF LAW (Legislative Department) New Delhi, the 29th October, 1966/KartiJca 7, 1888 (Saka) THE ANDAMAN AND NICOBAR ISLANDS LAND REVENUE AND I AND REFORMS REGULATION, I966 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 Andarnan and Nicobar Islands.

In exercise of the powers conferred by article 240 of the Constitution, the President is pleased to promulgate the following Regulation made by him —

CHAPTER I PRELIMINARY

1. (1) This Regulation may be called the Andaman and Nicobar Islands Land Revenue and Land Reforms Regulation, 1969.

Shot title, extent and commencement.

(445) 446 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11

(2) It extends to the whole of the Union territory of the Andaman and Nicobar Inlands but nothmg in this Regulation shall apply to such areas therein as may from time to time be constituted as Government forests.

(.9) It shall come into force on such date as the Chief Commissioner may, by notiflcaiior, 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-urbjn area for the residence of the inhabitants thereof or for purpose^ ancillary thereto;

(2) "agriculture" includes—

(i) the raising of annual or periodical crops including betel leaves (pan) and garden produce,

(ii) horticulture,

(in) raising of fodder or thatching grass.

(iv) dairy farming,

(v) poultry farming,

(vi) stock breeding and grazing, and

(vii) pisciculture;

(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 resei^ved forest or protected forest in accordance with the provisions of the Indian Forest Act. 1927;

(10) "grant" means a grant made under glause (i) of nectjpn 146;

Definition.

Z of 1912.

16 of 1927 SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 447

(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, (Hi) the planting of trees and the reclaiming, clearing, enclosing, levelling or terracing of land used for agricultural purposes,

(iv) the erection of buildings on or in the vicinity of the holding, elsewhere than in the abadi or urban area, required for the convenient or profitable use or occupation of the holding, and

(u) the rvnewal or reconstruction of any of the foregoing works, cr alterations therein or additions theieto, but does not include the construction of—

(a) temporary wells and such water channels, embankments, levelling enclosures or other works or petty alterations in or repairs to such works, as are commonly made by cultivators 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 v.ater and includes all things attached to, or permanently fastened to anything attached to, such portion;

(14) "land records" means the records maintained under this Regulation;

(15) "land revenue" means any consideration in money payable by a tenant tc the Government on account of the use or occupation oi the land or on account of any right in land held by him;

A$ THE- GAZETTE OF INDIA EXTRAORDINARY rl;AHi il

(16) "legal practitioner" means any person entitled to prac tise in any of the courts in the Union territory of the Andamar and Nicobar Islands under any law for the cime being in force

(17) "licence" has the meaning assigned to it in the Indiar Easements Act, 1882;

(IS) "notiiication" means a notification published in the Official Gazette;

(19) "Ollicial Gazette" means the Andaman and Nicobai Gazette;

(20) "person under disability" means,—

(i) a widow,

(ii) a minor, (Hi) a woman who is unmarried or who, if married, is divorced or judicially separated from her ausband or whose husband is a peison falling under sub-clause (iv) or SUD- clause (w),

(iv) a member of the Armed Forces of the Union, or

(v) a person incapable of cultivation by reason of physical or mental disability;

(21) 'plot number" means a portion of land in an urban area formed into, or recognised as, a plot number ander section 68, in respect of which the area and the land revenue payable are separately entered in the prescribed records under an indicutive number and includes any portion of land entered in any records before the commencement of this Kegulation under an indicative number known as khasra or survey number;

(22) "prescribed1" means prescribed by rules made under this Regulation;

(C3) "recogni&ed agent" in relation to a party to a proceeding under this Regulation means,—

(i) a peison authorised 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 authorised 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;

i of 1882.

SEC. i] THE GAZETTE OF INDIA EXTRAORDINARY 449

(25) "revenue officer" in any provision of this Regulation means such revenue officer at, the Chief Commissioner may, by notification, direct to discharge the functions of a revenue officer under that provision;

(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 theretor;

(28) "survey number" means a portion of land in any nonurban area formed into, or recognised as, a survey number at the revenue survey immediately preceding the commencement of this .Regulation, cr subsequently formed into or recognised 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 khasra number;

{29) "tenant" means the person by whom land revenue is or, Out 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 limit1* of any municipality constituted under any law ior the time being in force relating to municipalities or any village or group of villages which may be specified by the Chief Commissioner as an urban area and the expression "non-urban •irea" shall be construed accordingly;

(31) "village" means any tract of land which immediately before the commencement of this Regulation was recognised as, <̂ r declared to be, a village under the provisions of any law for the time being in force or which may, after such commencement, be recognised as a village at any revenue 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 Le the following classes of revenue officers, naiTVpiv • —

(a) Settlement Commissioner,

(b) Deputy Commissioner, Revenue Officers 450 THE GAZETTE OF INDIA EXTRAORDINARY |PART U

(d) Assistant Commissioner,

(e) Assistant Settlement Officer, (/) Tehsildar,

(g) Land Records Officer,

(h) Naib-Tehsildar,

(i) Revenue Inspector,

(j) Patwari, and

(k) s.ich other village officers and servants as may bt specified by rules made under this Regulation.

4. (1) All revenue officers shall be subordinate to the Chief Commissioner and, subject tu the provisions of sub-section (2), all revenue officers in the district shall also be subordinate to the Deputy Commissioner.

(2) Unless the Deputy Commissioner otherwise directs, eveiy revenue officer in a sub-division shall be subordinate to the Sub- Divisional Officer and a Naib-Tehsildar in a tehsil shall be subordinate to the Tehsildar.

5. The Chief Commissioner may, with the previous approval of the Government, alter the limits of any district or tehsil or create new or abolish existing districts or tehsils, or divide any district into sub-divisions or alter the limits of, or abolish, any sub-divisiun.

G. 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 ho thinks necessary to be Assistant Commisbioners who shall exercise such powers and pci form such duties as the Chief Commissioner may, by notification, direct.

8. The Chief Commissioner may appoint for each tehsil a Tehsildar and one or more Naib-Tehsildars who shall exercise the powers and perform the duties conferred or imposed on them by or under this Regulation.

ft. The Chief Commissioner may appoint for each district as many persons as he thinks necessary to be Land Records Officers, who shall exercise the powers and perform the duties conferred or imposed on them by or under this Regulation.

10. (1) The ChieC Commissioner may place any Assistant Commissioner to be in charge of one or more sub-divisions of a distrct.

Cntrol over revenue officers.

Power to alter, create or abolish, districts, sub-divisions and tehsils.

Appointment of Deputy Commissioner.

Appointment of Assistant Commissioners.

Appointment of Tehsildar!.

and Naib- Tchsildars.

Appointment of Land Records Officers.

Sub-Divisional Officers.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 451

(2) Such Assistant Commissioner shall be called a bub-JJivisiona.

Officer and shall exercise such powers and perform such duties of £ Deputy Commissioner as the Chief Commissions may, by notification direct.

11. The Chief Commissioner may, by notification, confer on anj person the powers conferred by or under this Regulation on any re venue officer.

12. Jf any revenue officer, who has been invested with any power:

under this Regulation in any tehsil or district is transferred to ai equal or higher office of the same nature in any other tehsil or dis trict, he shall, unless the Chief Commissioner otherwise directs, ex ercise the same powers under this Regulation in such other tehsil 0:

district.

Conferment by Chief Commissioner of powers of revenue officers on other persons.

Powers exercisable on transfer.

CHAPTER III PROCEDURE OF REVENUE OFFICERS AND REVENUE COURTS

13. Except for reasons to be recorded in writing, no revenue officer shall enquire into, or hear, any case arising under this Regulatior at any place outside the local limits of his jurisdiction.

14. All revenue officers and measurers and all persons acting imdei their orders may enter upon and survey any land and demarcate boundaries and do all other acts connected with their duties undei lh;s Regulation and in so doing, shall cause no more damage than tbt circumstances of the case may require:

Provided that no person shall enter into any building or upon anj enclosed court or garden attached to a dwelling house, unless witl the consent of the occupier thereof, without giving such occupier a least twenty-four hours notice and in making such entry due regarc shall be paid to the special and religious sentiments of the occupier.

15. Whenever it appears to the Chief Commissioner that an orde under this section is expedient for the ends of justice, he may direc that any particular case be transferred from one revenue officer t< anther revenue officer of an equal or superior rank in the sami district or any other district.

16. (1) A Deputy Commissioner, a Sub-Divisional Officer or j Tehsildar may make over any case or class of cases arising under thi:

Regulation for decision from his own file to any revenue officer sub ordinate to him and competent to decide such case or class of cases or may withdraw any case or class of cases from any such revenu< pfficer and may deal with such case or glass, of cases himself or- refc Place for holding cm quiries Power to enter upon and survey land.

Power to transfer cases.

Power to transfer cases to and from subordinates AC2 THE GAZETTE OF INDIA EXTRAORDINARY LFART 11 the same for disposal to any other revenue officer subordinate to hirr and competent to decide such case or class of cases.

(2) A Deputy Commissioner, a Sub-Divisional Officer, or a Teh sildar may make over for inquiry and report any case or class of case;

arising under this Regulation from his own file to any revenue officei subordinate to him.

17. Every revenue officer, while exercising any power under thij 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 a revenue court,

18. Nothing in this Regulation shall be deemed to limit or otherwise affect the inherent power of the revenue court to make sucr.

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 sections 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 purposes 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 possession or power.

(3) Every such revenue officer shall have Dower 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 f-n 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 sum- •nons the officer bv whom the summons has been issued under sec- ;ion 19, may— fa) issue a bailable warrant of arrest;

(b) order him to furnish security for appearance: or

Conferment of status of courts on revenue officers.

Inherent powers of revenue courts.

Po-wer of revenue officers to require attendance of persons and production of documents and to receive evidence.

Compelling attendance of witness.

5 of 1908.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 453

21. (1) If, on the date fixed for hearing a case or proceeding, i revenue officer finds that a summons or notice was not served on an] party due to the failure of the opposite party to pay the requisiti process fees for such service, the case or proceeding may be dismissec in default of payment of such process fees.

(2) If any party to a case or proceeding before a revenue office] does not appear on the date fixed for hearing after due service of t summons or notice on him, the case or proceeding may be hearc and determined in his absence or may be dismissed for default.

(3) The party against whom any order is passed under sub-sec tion (i) or sub-section (2) may apply, within thirty days from tht 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, a;

the case may be, from appearing at the hearing and the revenue officer may, after notice to the opposite party who was present or 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 filed under sub-section (3) is rejected the party aggrieved may file an appeal to the authority to whom ar appeal lies from an original order passed by such officer.

(5) Except 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 tc 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 sue* of the parties and witnesses as are present.

23. A revenue officer may award costs incurred in any case 01 proceeding arising under this Regulation in such manner and to such extent, as he thinks fit:

Provided that the fees of a 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 Dismissal case or proceeding and hearing in absence of party.

Adjournment of hearing.

Power to award C0Et8.

Minner of executing order to deliver possession of land.

454 T H E GAZETTE OF INDIA EXTRAORDINARY [PART U time as may appear reasonable after receipt of the said 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 into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause, and that such 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 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, be 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 recognised 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 recognised 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 or 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 couk and should have been raised at an earlier stage in the proceedings.

27. Unless otherwise expressly provided by or under this Regula tion, the procedure laid down in the Code of Civil Procedure, 1908 shall, so far as may be, be followed in all proceedings under thi:

•Regulation Pejsons by whom appearances and applications may be made before and to revenue officers.

Orders of revenue officer when reversible by reaBOQ of error or irregularity.

Code of Civil Procedure to apply when no express provision made in the Regulation, 5 ot 1901s.

5 01 1908.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 455

CHAPTER IV APPEAL, REVISION AND REVIEW

28. (/) Save as otherwise provided in this Kegulation, an appeal hall lie from every original order passed under this Regulation or he 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;

(d) if such order is passed by a Deputy Commissioner whether exercising the powers of Deputy Commissioner 01 Settlement Officer during the currency of the term of any settle' ment, to the Chief Commissioner;

(e) if such order is passed by a Settlement Officer, whethei exercising the powers of Settlement Officer or the powers of £ Deputy Commissioner in connection with any settlement opera tion, to the Settlement Commissioner.

(2) A second appeal shall lie against any order passed in firs1 uppeal—

(i) by the Sub-Divisional Officer or the Deputy Commis sjoner or the Settlement Commissioner, to the Chief Com missioner;

(ii) by the Settlement Officer, to the Settlement Com missioner.

(3) An order passed in review varying or reversing any ordei 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 th grounds specified in section 5 of the Limitation Act, 1963.

(b) rejecting an application for review;

(d) of an interim nature.

36 of 1963.

Appeal and appellate authorities.

No appeal against certain orders.

456 THE GAZETTE OF INDIA EXTRAORDINARY [PART XX

30. No appeal shall lie—

(a) to the Sub-Divisional Officer or Deputy Commissioner 01 Settlement Officer or Settlement Commissioner, after the expiration of forty-five days from the date of the order appealed against;

(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 appea] or, after calling for the records and giving the appellant an opportunity vO be heard, 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 lje.

(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 or 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 directions as it thinks fit.

33. The Chief Commissioner or the Settlement Commissioner or the Deputy Commissioner may, either of his own motion or on the application of any party, call for th e 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 ught between private persons without having given to the parties uterested notice to appear and be heard:

Provided further that no application for revision shall be entermiiied against an order appealable under this Regulation:

Limitation of appeals.

Copy of order objected to •ccompany petition.

Power of ippellate autnority.

Rt vi^)n.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 457

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—•

(1) 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 fiom which an appeal has been made, or which is the subject of any revision proceedings shall be reviewed;

(Hi) no order aftecting any question of right between private persons shall be reviewed except 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 except 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 filing 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 diiect the execution of the order under revision or review to be stayed foi 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 conditions, or order such security to be furnished, as he or it thinks fit.

5 of 1908.

Review of orders.

Stay of execution of orders.

458 THE GAZETTE OF INDIA EXTRAORDINARY [PAIIT ii

(5) No ord«r directing the stay of execution of any order shall be passed except in accordance with the provisions of this section.

36. Subject to the provisions of this Regulation, the provision, of the Limitation Act, 1963. shall apply to all appeals and applications for revision ot' 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 powerg under this Regulation.

CHAPTER V LAND AND LAND REVENUE

38. (I) All land in the Union territory of the Andaman am Nicobar Islands is vested absolutely in the Government, and, savi as provided by or under this Regulation, no person shall be deemei to have acquired any property therein or any right to or over lh same by occupation, prescription or conveyance or in any othe manner whatsoever except by a conveyance executed by, or unde the authority of, the Government.

(2) The right to all trees, brush-wood, jungles or other nalurs product wherever growing, except in so far as the same may be th< property of any person, vests in the Government and such trees brush-wood, jungles or other natural product shall be preserved 0:

disposed of in such manner as may be prescribed keeping in viev the interests of che people in the area with regard to the user of th< natural products.

(3) All such trees which have been planted and reared by, oi under the orders, or ri 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, shalJ vest in the Government.

(4) Where a dispute arises in rpspect of any right under subsection (I) or sub-section (2) orvsub-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.

Application of Limitation Act.

Definition of "order".

Ownership of land.

36 of 1963.

SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 459 39 All land, 11 whatever purpose applied and wherever situate, is liable to the payment of land revenue to 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 puipose of agriculture;

(b) as sites for dwelling houses;

(d) for any other purpose.

(2) No land assessed for use Eor any one purpose shall be divmted 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 has been diverted.

(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 puipose to which it has been diverted.

(5) The assessment made under sub-section (3) or sub-section (4) shall be in accordance with the rules made under this Regulation.

(0) 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 uny 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.

Liability to pay land revenue.

Variation of land revenue according to purpose for which land ubed.

Assessment on uriB!>sesscd land.

460 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

42. (1) The primary responsibility for payment of land revenue shall 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 land revenue shall be payable by the subtenant 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 undeL1 .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 ô this Chapter shall apply in respect of lands in non-urban areas.

44. The operations carried out in accordance with the provisions of this Chapter m order to determine or revise the land revenue payable on lands in any local area are called a "revenue survey", the results 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, an inquiry into the profits of agriculture and into the value of 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 cultivation, namely: —

(a) the depreciation of stock and buildings;

(b) the money equivalent of the labour and supervision by the cultivator and his family;

(d) interest on the cost of 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 Responsibility for payment of land revenue Provisions of Chapter to apply to lands in nonurban areas.

"Revenue Burvey", "settlement" and "term of settlement".

Inquiry into profits of agriculture and value of land.

SEC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 461 the course of this inquiry when framing his proposals for assessment rates.

46. (1) The Government may appoint a Settlement Commissionei who shall control the operations of the revenue survey,

(2) The Chief Commissioner may appoint an officer (hereinaftfti referred to as th e Settlement Officer), to be in charge of a revenue survey, and as many Assistant Settlement Officers as he thinks fit.

(3) The Settlement Officer and the Assistant Settlement Officers shall be subordinate to the Settlement Commissioner and all AJssî tant Settlement Officers in a local area shall also be subordinate 4fl the Settlement Officer.

47. When any local area is under revenue survey," the' Oufy 01 maintaining the maps and records may, under the ' orders of-the Chief Commissioner, be transferred from the Deputy CornmissfdrTfei to the Settlement Officer, who shall thereupon exercise all the powers conferred on the Deputy Commissioner by any of the pr6tyi3lori£ In Chapters VIII and XVI.

48. (1) Whenever the Chief Commissioner decides that a revenue survey of any local area should be made, he shall publish a notifica tion 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 th« 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 lands to which the revenut survey extends and construct such number of survey mark:

thereon as may be necessary;

(b) divide such lands into survey numbers and group th< survey numbers into villages; and

50. Notwithstanding anything contained in section 49 when anj portion of agricultural land is diverted to any non-agricultural pur pose, or when any portion of land is set apart for any of the purpose;

specified in section 198 or when any assessment is altered on anj portion of land under sub-section (3) of section 40, the Settlement Settlement Common Se«Jfl»flWf Officer^i?

AssislWW.ri Settlement Officer*.

I'ower to transfer duty of maintaining maps and records to Settlement Officer.

Notification of proposed revenue survey Formation survey numbers and villages.

Separate demarcation of land diverted or specially assigned.

45* vmwdt&tfatt^tfojKttMti^vmABY LF\PI u Ofntoei* 'tt&yJ inaKP sucn portion Into d separate survey number or ub-division of a survey number.

51. (J) The Settlement Officer may either xe-numbei survey numbeis or sub divide survey numbers into as many sub-divisions as May bd re^trifed ?& ̂ i^W-tst tfee-Acquisition ot rights in land ur for £ti$ other reason.

(2) The divisior of survey numbers into sub-divisions and the appto¥tkmrnfeirt of t h e Assessment of the survey number amongst the sub-divisions shaH"tte tarried out m accordance with the rules made under this Hegulatfen and such rules may provide limits eithP1* oi area or of land revenue or of both, below which no sub-division sba^ be lecognised:

Provided that the total amount of assessment of any tui <v number shall not be enhanced during the term of settlement unless such asuofcf-rnerit JS rsblc to alteration under the picvisiot'b oi tl.*t> Regulation.

(3) Wnere a ftoldmg consists of scveial khasia numbets, the Settlement Officer shal! assess the land revenue payable for ead Khasra number and record them as separate survey numbers.

(4) Whenever the survey numbers are re-numbered, the Settlement Officer shall correct the entries in all lecords prepared or maintained under Chapter VIII.

52. The area and assessment of survey numbers and sub-divisions oL survey numbers shall be entered m such recoids as may D*> •JI escribed.

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 thereto, and such area shall be deemed to be abadi of the village.

54. For the purposes of assessment, the villages of each tehsil o:

part of a tehsil comprised in the area to be assessed shall be formed into groups, and in forming such groups regard shall be had to physical features, agricultural and economic conditions and trade facilities and communications.

55. (/) On completing the necessary inquiries under section 45, thp Settlement Officer shall, having xegard to soil and portion of Land and profits of agriculture, prepare a table of assessment rates for different classes of land in the prescribed form and shall miblish it in the prescribed manner for the prescribed period re-numSW<»f numMAv Entrv ot survey numberb and sub-divisions m records.

Determination o* abadi of village.

Grouping of vJlages for purposes of assessment.

Fixation of assessment rates.

SBT 11 THE GAZETTE OJf INDIA EXTKAOftDiWAftY -03,

(2) Aay perasa objecting to- a& entry m fete t^!>ls of fts^sjqsent rate«; may present a petition ua vmttsg. ta tb<e SettAemetvt Officer "nth.n iht» wresmbed penqd and 1b© gtHtiettigitt CJfKjqojg sfejftU oiwfdo such objections after g'VJig a bearing to Jhe objector.

ii) The Settlement Office* shall submit tl t..:>!i . / - <;•> IAUA to the Chief Commissioner togrlhei wi'b a ,iw.mai\ • , oovc t i o n p , i f a i r y , h i s d e c i s i o n s o n " ^ c \ . - , b y - ' ' " • ; a t ) . 1 ; " " " . ' . ' T n - < • , " h £>rc>urd& m support oi his p"..,w,,!S (I'I The Chiet Commissioner ma,y approve the table of as&o snicnt tatpa subrritted to him under sub-section (8) with such modificattonit any, as he may consider rtece&sary.

(5) Tne ass^gsnent tafef %ppT$*ft$d yi?46l iu'si«t?fc-t|gfi (4> .Vpa|l be liniilv publiihed m the Official Gazette

56. Jno Settlement Office1 ?hal! *'\ .In1 u»v - - v - i r \\ Id lag m eccD|d«ncs= with, the^; .o^iju^u i"iu> ^jp1^ .c.i ^.\ c ..'ii 55 and th* provisions of section 5*1 and sueh a,gse.§smen1j sh4'J Uu the fan assessment c," -1;»• i• .in ' ii^.

51. The Settlemetit Officer shall lia,y$ the power i&- nMke tau accordance with the principle arid ^ > i • • . - A jCqith |n thio ••ends, whether such lands are liable to tli< p:;y.v\ "t of land levcnue or not.

5f.. (ij The ia. a^fr«meml, of, ajl Iap4^ ^haU be calcul it"d m sectioi.

(2) No regard shall be had to any claim to bold land on privileged terms.

(S) ft'gard **ail be nad in the^oase of agrl-£*ulkit-al land to the profits of aj-iieuitui e. bonsWerat'tori paid •fer leases, sMe prices of Jand and the prmcipaT moneys on mortgages, and in the case of nonagricultural land, to the value of the land for t*ir piir'posi* for v/hich -it is held.

(4) The ASH 4sfs0t.iriPs.ettt tm land u^ed fpr aon-agncijltutal purposes ihall not fe^eeed ono^hird of the estimated; rentaj. valpe of the land to be deTi>irnin^d in the prescribed pianper, 0) Where as improvement has been effeeied at any time in city holding hfiltf ior the purpose oi agriculture by or $b iflae expanse ot the'hold^i? thp*ie«f\ the M r assessment^feuofe iioidiftf shaii bs feed as if the improvement had not been made Fixatwn ^ fair assieiw men*.

Ali land> 1 <n 11.

Pniciples r, .issessment.

464 THE GAZETTE OF INDIA EXTRAORDINARY [PART H

(6) Except for special reasons to be approved in each case by the Chief Commissioner, no increase in the fair assessment of a holding tor the purpose of agriculture shall exceed fifty per centum of thf 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 witt the rules made under this Regulation, and such notice shall be callec 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 tht term of the settlement unless it is modified in accordance with the provisions of this Regulation or any other law for the time being ir force.

60. The term of a settlement shall commence from the beginning of the revenue year next following the date of announcement undei sub-section (1) of section 59 or from the expiry of the term of the previous settlement, whichever is later.

61. (1) The term of settlement shall be fixed by the Government and shall not be less than thirty years:

Provided that If, at any iime, during the currency of the settlement the Government is of opinion that, having regard to changes m 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 extension of cultivation or for agricultural development or where the pitch of rents is unduly low 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 reasons 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 (I) or sub-section (2) for any local area has expired such term shall be deemed to have been extended till the commencement of the term of the subsequent settlement in that area.

62. The Settlement Officer may alter the boundaries of 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- Announcement of settlement.

Introduction of settlement.

Terra of settlement Power of Settlement OffiCTto divide or unite villages.

Sic. 1J THE GAZETTE OF INDIA EXTRAORDINARY 465

63. When the settlement operations are closed, all application,1 and proceedings then pending before the Settlement Officer shall be transfererd to the Deputy Commissioner who shall have all tn< powers of a Settlement Officer for their disposal.

64. The Deputy Commissioner may, at any time during the tern of settlement, correct any error in the area or assessment of anj survey number or holding due to mistake of survey or arithmetical miscalculation:

Provided that no arrears of land revenue shall become payabl* 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 oi a Settlement Officer under sections 49, 50, 51, 53 and 62.

66. Notwithstanding anything contained in this Chapter, all sur vey operations commenced under any law for the time being in fora and continuing at the commencement of this Regulation shall be deemed to have been commenced and to be continuing under tht provisions of this Chapter and all assessment rates in force at sue!

commencement shall be deemed to have been determined and intro duced in accordance with the provisions of this Chapter and shal" remain in force until the introduction of revised assessment rates nnd such revised assessment rates may be introduced at any tim< notwithstanding anything contained in section 61.

CHAPTER VII ASSESSMENT AND REASSESSMENT OF LAND IN URBAN AREAS

67. The provisions of this Chapter shall apply to all lands if urban areas.

68. Subject to the rules made under this Regulation, the Deput} Commissioner may—

(a) divide the lands in an urban area into plot numbers, anc

(b) recognise existing survey numbers as plot numbers, re constitute plot numbers or form new plot numbers.

69. (1) The Deputy Commissioner may either re-number plol numbers or sub-divide plot numbers into as many sub-divisions -i* may be required in view of the acquisition of rights in land or foi any other reason.

power ot Deputy Commissioner to complete unfinished proceeding.

Power of Deputy Commissioner to correct errors.

Power of Deputy Commiisioner during the term of settlement.

Continuance of survey operations and rates in force at the commencement c Regulation.

Provisions of Chapter to apply to lands in urban areas.

Power of Deputv Commissioner to divide lands in urban area into plot numbers.

Power or Deputy Commissioner to re-number 466 THE GAZETTE OF INDIA EXTRAORDINARY [PAIJT H (.2) The division of plot numbers into sub-divisions and the apportionment of the assessment of the plot numbers amongst the sub-divisions shall be carried out in accordance with the rules made under this Regulation and such rules may provide limits either of area or of land revenue, as the case may be, or of both, in any local area below which no sub-division shall be recognised:

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 numbers 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 ofJ land for agricultural, industrial, commercial, residential or such1 ojffie'r special purposes as may be prescribed.

72. (1) The Deputy Commissioner shall, with the appr&Wii^'the Chief Commissioner and in accordance with the provisTOHS1 ttf Section 73, fix the standard rate of assessment per ten square*rm£tefy 6'f'ltmd in the case of non-agricultural land and per hectaiSPjtf* ltthdP'fiFthe case of agricultural land in each block in an urtfe*?*Kfl?ari9tffi fetich standard rates shall be published in the prescribed? mirmier;

(2) Any person objecting to any standard rate may present a petition in writing to the Deputy Commissioner within the prescribed period and the Deputy Commissioner shal? c'bTrisTae'fTi$ftifiJ&bjections after giving a hearing to the objector.

(3) The Deputy Commissioner shall submit the stuncraT«"i»ces- n> the Chief Commissioner together with a summary of objections, if any, his decision on such objections an.d ^ f ^ e m p ^ $ 9 $ f t # r W l d s in support of his proposals.

(4) The Chief Commissioner may approve the standard rates submitted to him under sub-section (3) with such modifications, 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.

or subdivide plot numbers.

Area and assessment of plot numbers and subdivisions tr be entered in records.

Urban area to be divided into blocks for assessment.

Deputv Commissioner to fix standard rate of assessment and publication of standard rates.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 467

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-1hird of the average annual letting value of the block determined under sub-section (1) and for purposes mentioned in clause (d) of sub-section (/) of section 40 shall bo one-half of the said value.

(3) The standard rates of assessment for lands held Cor agricultural purposes shall be fixed in the prescribed manner with due regard lo soil and position of land and to the profits of agriculture, to the consideration paid for leases and to the sale prices of such lando.

74. The maximum and minimum limits ior the rate of assessment shall respectively be one and a quarter times and three-fourths oi ^he standard rates in force for the time being.

75. The Deputy Commissioner shall assess every plot at a rate within the limits prescribed by section 74 regard being had to the use, situation and other advantages or disadvantages attaching tc inch plot:

Provided that if, in the case of lands which are being assessed io] 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 ir the case of other lands six times of the land revenue payable imme diately before the revision, the assessment shall be fixed at one am a half times of such land revenue in the case of agricultural land anc at six times of such land revenue in the case of other lands.

Provided further that where an improvement has been effecte< at any time in any holding held for the purpose of agriculture b;

or at the expense of the holder thereof, the assessment of such hold' ing shall be fixed as if the improvement had not been made.

76. The assessment fixed under section 75 shall remain in iora for a period of thirty years or for such longer period as may elaps' before re-assessment aftei that period and such period shall be deem od to be the term of settlement for all purposes.

Fixation of standard rates of assessment.

Maximum und minimum limits for rate of atsessment.

Deputy Commipiiioncr to assess plot at rate prescribed.

Term of settlement.

468 THE GAZETTE OF INDIA EXTRAOBDINABY UJART ^

77. (I) The assessment fixed under section 75 shall be the land revenue payable annually on such plot number unless it is modified in accordance with the provisions of this Regulation.

(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 leason 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 patwaris io 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 inspectors' circles and may, at any time, alter 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 measurers to supervise the preparation and maintenance of land records and to perform such other duties as may be prescribed.

(2) The town surveyoi and assistant town surveyor shall be deemed to be a revenue officer for the purposes of sections 14 and 92 and a patwari for the purposes of sections 84 and 85 in respect of the areas under their charge.

Assessment fixed shall be land revenue.

Land revenue or rent fixed under previous settlement r L ,es to continue.

"ormation 'f patwari Ircles and ippointment 'f patwaris.

ormation f revenue ircles.

ippointitaX of avenue ispector1*, tc.

S«e. 11 THE GAZETTE OF TNniA EXTRAORDINARY AAT,

82. There shall be prepared by the prescribed authority a map showing the boundaries of survey numbers or plot numbers and waste lands called the "field map" for every village, exeept 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 village and such record shall include the following particulars, namely: —

(a) the names ot 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 thereto,

(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 righi in land shall report orallj or in writing his acquisition of such light t<;

the patwari of the village within six months from the date of suet acquisition, and th<_> patwari shall give a written acknowledgement in the prescribed iorm foi such report to the person making it:

Provided that when the person acquiring such right is a minor oi is otherwise disqualified, his guardian or other person having charge of his property shall m^ke the report to the patwari.

Explanation I.—For the purpose of this section, right in land doe:

not include an easement over or a charge (not amounting to a rnort gage of the kind specified in section 100 of the Transfer of Property Act, 1882> on the land.

Explanation II.--A person, in whose favour a mortgage is redeem ed or paid off or a lease is determined, acquires a right within th< nieaning of .this section.

Explanation III.—Intimation in writing required to be given t< the patwari under this section may be given through a messenger o:

in person or may be sent by registered post.

(2) Any such person as is referred to in sub-section (i) may alsi report in writing his acquisition of such right to the Tehsildar withh six months from the date of such acquisition.

85. (I) The patwari shall enter in a register of mutations tver;

acquisition of right reported to him under section 84 or coming to hi notice from intimation received from the Tehsildar or the Gram Pan chayat, if any, or from any other source.

4 oi 1882.

Field nwp.

Record-ofrights.

Acquisition of rights to be reported.

(2) Whenever the patwan makes an entry in the register of mutations, he shall at the same time post up a complete copy of the en tryin any place of public resort appointed by the Deputy Commissioner in the village.

(3) The fact 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 Panchayat or where a Gram Panchayat has not been established, to the Chaudhari appointed under section 132.

(4) Should any objection to any entry made under sub-section (1) in the register of mutations be made either orally or in writing to the patwari, he shall enter the particulars of the objection in a register of disputed cases, and shall give a written acknowledgement in the prescribed lorm for the objection to the person making it.

(5) Every objection entered in the register of disputed 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, wnen 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 ti4 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, at any time, correct or cause to be corrected any clerical errors and any errors which th e 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 khasra or field book and such other • and records as may be prescribed.

89. If any revenue officer finds that a wrong or incorrect entry hab 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.

Jurisdiction ol civil courti.

Correction of clerical errors.

Land records.

Correction of wrong entry in laud record" by tuperioi offlrxra.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 471

90. (j[) If any person is aggrieved by any entry made in the lam records prepared under section 88 in respect of matters other thai those referred to in section 83 he shall apply to the revenue office:

for its correction within one year of the date of such entry.

(2) The revenue officer shall after making such enquiry as hi may deem fit, pass necessary orders in the matter.

91. Every entry in the land records existing at the commencemen of this Regulation and every entry made therein under this Chapte:

shall be presumed TO be correct until the contrary is proved or a nev entry is lawfully substituted therefor.

92. (1) Every person, whose rights, interest or liabilities are requir ed to be or have been entered in any record or register under thi:

Chapter, shall be bound on requisition in writing by any revenue officer, engaged in compiling or revising the record or register t( furnish or produce fcr his inspection, within one month from the date of such requisition, all such information or documents needed foi the correct compilation or revision thereof as may be within hi:

knowledge or possession or power.

(2) The revenue officei, to whom any information is furnished, oi before whom any document is produced under sub-section (1), shal give a written acknowledgement thereof to the person furnishing 0:

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.

98. Any person neglecting to make the report required by sectior 84 or furnish the information or produce the documents required bj section 92 within the specified period shall be liable, at the discretioi of the Deputy Commissionpr 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 b« prescribed.

95. Subject to such rules and on payment of such fee1;, if any as may be prescribed, all maps and land records shall be open to inppec tion by the public during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons applying for the same.

Dispute regarding entry in land records.

Presumption as to entries in land records.

Obligation to furnish information aa to tltl*.

Penalty for neglect to furnish information.

Certified copies.

Maps and other rccordt open to inspection.

472 THE GAZETTE OF INDIA EXTRAORDINABY [FAKT U

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 lavful 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 others having an interest therein.

(3) Such boundary marks shall, subject to the provisions hereinafter contained, be of 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 villages and boundaries of survey numbers and plot numbers where such boundaries have been fixed unde>- the provisions of section 96, shall be decided by the Deputy Commissionei 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 sumrmin]> eject any person who is wrongfully in possession of any land which has been found not to appertain to his holding ot to the holding of any person through or under whom he claims.

(2) Where any person has been ejretod 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 his title thereto:

Provided thai the Tebsildar, or any other revenue ofheer, shall not be made a party to such suit.

(3) The Tehsildar may at any time after the passing of the decree in the civil suit, if any. make an order for redistribution of land revenue which, in his opinion should be made as a result of 1he decree and such redistribution shall take effect from the beginning of the revenue year following the date of the order.

Construction of boundary marks of villages and survey numbers Or plot numbers.

Disputes regarding boundaries between village-!, survey numbers and plot numbers.

Ejectment of persons wrongfully in possession.

SK. 1] THE GAZETTE OF INDIA EXTRAORDINARY 473

99. (1) Every holder of land adjoining a village road, villag' waste or land reserved for community purposes, shall at his owi cost and in the prescribed manner—

(a) demarcate the boundary between his land and the villag road, village waste or land reserved for community purpose adjoining it by boundary marks, and

(b) repair and renew such boundary marks from time t( time.

(2) If the holder fails to demarcate the boundary or to repair 0;

renew the1 boundary marks as required by sub-section (1), thi Tehsildar may, after such notice as he deems fit, cause the boundar:

to be demarcated or the boundary marks to be repaired or renewec and may recover from the holder the cost incurred thereby.

(.?) In the event of any dispute regarding the demarcation of th< boundary or the maintenance of the boundary marks in proper stat< of repair, the matter shall be decided by the Deputy Commissionei whose decision thereon shall be final.

Explanation,—For the purpose of this section "village road" mean:

11 road which bears an indicative survey number or plot number.

100. (1) After the end of November in each year, the patwari oi the village shall give written notice to every holder on whose lane the boundary or survey marks are defective calling upon him to pui them into pioper repair before the first day of March next following

(2) After the first day of March in any year, the Tehsildar 01 any other revenue officer specially empowered in this behalf by the Chief Commissioner may cause any defective boundary or survej marks with respect to which a notice has been given under subsection (1) to be properly repaired and shall recover the cost of such repair from the holder or holders responsible for the maintenance oi such boundary or survey marks, together with a penalty which may extend to one rupee for avery boundary mark or 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 may, on the application of any party interested, demarcate the 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.

Demarcation and maintenance of boundary lines.

Enforcement of repair of boundary or survey marks.

Demarcation of boundaries of survey number or sub-division or plot number.

474 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11

102. If any person wiHully destroys or injures, or without lawful authority, removes a boundary or sutvey 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 of the Tehsildar or such other revenue officer, be necessary to defray the expenses of restoring the same and of rewarding the informant, if any.

103. Any person who encroaches upon, or causes any obstruction to the use of, a recognised road, path or common land of a village shall be liable, under the written orders of the Tehsildar stating the facts and circumstances of the case, to a penalty which may extend to fifty rupees.

164. If the Tehsildar finds that any obstacle impedes the free use of a recognised 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 MAPS AND RECORDS

106. (1) If the Chief Commissioner is of opinion that in any local area a general or ca'lial revision of the records, or a resurvey, or 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 ispue 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 record or survey operations, or both, as the case may be, in any local area and as many Assistant Survey Officers as he may deem fit, and such officers shall exercise all the powers conferred on them by or under this Regulation so Jong as such local area is under record or survey operations or both.

Penalty for destruction, injury or removal of boundary or survey mark*.

Penalty for obstiU9iion of way etc.

Removal of obstruction.

Execution of bond for abstaining from repetition of certain acts.

Notification of record operations.

Survey Officers.

SKC. 1J THE GAZETTE OF INDIA EXTRAORDINARY 475

108. When any local area is under survey operations the survey officer may issue a proclamation directing 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 saic period, he may cause such boundary marks to be erected, and the Deputy Commissioner shall recover the costs of their re-erection frorr such tenants and occupiers.

109. In case of any dispute concerning any boundaries the survej officer shall decide such dispute in the prescribed manner.

lift. 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 Commissionej as provided by or under this Regulation, instead of the map and fielc book previously maintained

111. When any local area is under record operations the survey officer shall frame, for each village therein, the records specified ii Chapter VIII or such of them as the Chief Commissioner may direct and the record or portion thereof so framed shall thereafter be main tained by the Deputy Commissioner, instead of the record or portioi of the record previously maintained.

112. All undisputed entries in the record of rights shall be atteste* by the parties interested, and all disputes regarding such entries whether taken up by the survey officer on his own motion or upoi application by any party interested, shall be disposed of by him.

113. All entries in the record-of-rights prepared in accordance wit] the provisions of this Chapter shall be presumed to be correct unti the contrary is proved; and all decisions under this Chapter in case of dispute shall, subject to the adjudication of rights by a civil cour having jurisdiction, be binding on all revenue courts in respect 0 the subject-matter of such dispute; but no such entry or decision sh&l affect the rights of any person to claim and establish in a civil coin any interest in land which requires to be recorded in the record-of rights prepared under section 83.

CHAPTER XI REALrSATION OF LAND REVENUE

114. The land revenue assessed on any land shall be a first charge on that land and on the crops, rents and profits thereof.

Powers of survey officers «s to erection of boundary marks.

Decision of disputes.

Records to be prepared in survey 1 Operations.

Preparation of new records-ofrights.

[ Attestation of entries > and decision I of disputes.

i Presumption as to entries.

Land tCTemie first charge «n liad.

47$ THE GAZETTE OF INDIA EXTRAORDINARY [PART U

115. (I) The land revenue payable on account of a revenue year shall fall due on the first day of that year.

(i!) The payment of land revenue may be made in cash or may, at the cost of the remitter, be remitted by money order on or before such date, in such instalments (if any) and to such persons as may be prescribed.

(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 thereirom an arrear, and the persons responsible for the payment thereof become defaulters.

117. (2) Where any person prescribed under sub-section (2) of section 115 receives payment from any other person on account of land revenue or on account of any sum of money recoverable as an arrear of land revenue ho shall grant a receipt to such other person ior such sum in the prescribed form.

{2) If any person fails to give a 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 instalment of land revenue or any part thereof is not paid within one month after the prescribed date, the Sub-Divisional Oilicer may, in the case of a wilful defaulter, impose a penalty not exceeding ten per cent, of the amount not so paid.

Provided that no such penalty shall be imposed, for the nonpayment of any instalment, 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 CommisEioner 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.

120. (1) A statement of account, certified by the Deputy Commis^ 5ioner or the Tehsildar shall, for the purpose of this Chapter, be presumed to be a correct statement of the arrears of land revenue payable to Government or its amount, and of the person who is the del'aulter, until tint contrary is proved.

Date on which land revenue falls due and is payable.

Definitions of "anew" 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 of crops.

Certified account to be evidence as to arrear and defaulter.

&c. 1] THE GAZETTE OF INDIA EXTRAORDINARY 477

(2) No notice to the defaulters shall be necessary before drawing up the statement reieired to in sub-section (1).

121. The Tehsildar or Naib-Tehsildar shall cause a notice oi 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.

1ZZ. An arrear of land revenue payable to Government may be recovered by the Tehsildar in the prescribed manner by any one 01 more of the following processes, 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 numbei or plot number by such sale in one or more of such survey numbers or plot numbers as may be considered necessary tc recover the arrear;

Provided that the processes specified in clauses (a) and (c) shaiJ 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 Tehsildai, be necessary to enable him to earn his livelihood as such;

(Hi) articles 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 01 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.

Notice Of demand.

Process for recovery of arrcar.

Cost recoverable as part of armr.

478 THE GAZETTE OF INDIA EXTRAORDINARY [PART U

124. The processes specinec in. clauses (a) and (c) of section 122 may be enforced either in th^: district in which the default has been made or in any other district.

125. (I) If proceedings are taken under this Chapter against any person for the recovery oi 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 by his authorised agent to the revenue officer taking such proceedings, and thereupon such proceedings shall be stayed.

(2) Any person complying with the provisions of sub-section (2) may, notwithstanding anything contained in section 120, object to the Sub-Divisional Omcer that nothing was due or that the amount due was less than the amount for the recovery of which proceedings 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-bection (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 fourthly, to the payment of any arrears due from 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 defaulters, as the case may be, until after the 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 (/) , 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 Enforcement of processes in other districts.

Payment under protest and suit for recovery.

Application of proceeds cf sale.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 479 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 (I).

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 other 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 from 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 *he 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: —

(a) all rents, cesses, 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 provides that they shall be recoverable in the same manner as an arrear of land revenue;

(c) all sums declared by this Regulation, or any other law for the time being in force, to be recoverable in the same manner as an arrear of land revenue; and

(d) any sum ordered by a liquidator appointed under the Co-operative Societies Act, 1912, to be recovered as a contribution to the assets of a society or as the cost of liquidation:

Provided that no action shall be taken on application for recovery of a sum specified in clause (d), unless such application is accompanied by a certificate signed by the Registrar appointed under that Act that the sum should be recovered as an arrear of land revenue, 2 of 1912.

Interest of the defaulter in the pro.

perty sold for arrears to be free from encumbrances.

Purchaser's title.

Purchaser not liable for land revenue due prior to gale.

• Moneys recoverable as an ajrear of land revenue.

480 THE GAZETTE OF INDIA EXTRAORDINARY [PART II

131. Every person who may have become a surety under any grant or licence made or granted under this Regulation whereunder the sum secured is recoverable from the principal as an arrear of land revenue shall, on 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 XII VILLAGE OFFICERS A.—Chaudhari

132. (1) The Deputy Commissioner may appoint for each village or group of villages 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 cesses 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 as the Deputy Commissioner may fix in this behalf;

(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 or marks;

(e) subject to rules made under this Regulation, to keep thq village in good sanitary condition;

(f) to prevent unauthorised cutting of wood or unauthoris-.

ed removal of any minerals or other properties belonging to the Government;

Recovery of moneys from lurety.

Appointment of Chaudharia.

Remuneration 0 j Chaudhtrfc.

Duties Of Chaudharis, SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 481

(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 a 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 oJ the duties assigned to a Chaudhari by or under this Regulation tc a Gram Panchayat:

Provided that no such entrustment shall be made except with the consent of the Gram Panchayat.

B.—Chaukidar

139. For each village or group of villages, there shall be appoint ed, in accordance with the rules made under this Regulation, one or more Chaukidars for the performance of such duties as may b< prescribed.

140. The remuneration of Chaukidars shall be fixed by the Deputy Commissioner in accordance with the rules made under thi:

Regulation.

CHAPTER XIII TENURE HOLDERS

141. There shall be the following classes of tenants, namely:—

(i) Occupancy tenants;

(ii) Non-occupancy tenants;

(in) Grantees; and

(iv) LiceDseeg.

Removal of ChauJharis.

Punishment of Chaudharis.

Appointment of substitute Chaudhari.

Entmstment of village management and duties of Chaudhari.

Appointment of Chaukidars, and their duties.

Remuneration of Chaukidars.

Classes of tenants.

482 THE GAZETTE OF INDIA EXTRAORDINAHY [PART II

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 and Nicobar Islands (Land Tenure) Regulation, 1926;

(b) every person who has, as a non-occupancy tenant, cultivated any holding, not being a holding situate within the local limits of the Port Blair Municipal Board, continuously for a period of two years from the commencement of this Regulation or of such tenancy, whichever is later, in accordance with the provisions of this Regulation and is not in arrears of land revenue.

143. Every person belonging to any of the following classes shall be called a non-occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon a nonoccupancy tenant by or under this Regulation, namely:—

(a) every person who, immediately before the commencement of this Regulation, was a non-occupancy tenant under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926;

(b) every person who is granted a licence under clause (ii) of section 146 in respect of any agricultural land.

144. (1) Every person belonging to any of the following classes shall be called a grantee and shall have all the rights and be subjec to all the liabilities conferred or imposed upon a grantee by or unde:

this Regulation, namely:—

(a) every person who, immediately before the commence ment of this Regulation, was in occupation of any land ii pursuance of a grant made under the Andaman and Nicoba Islands (Land Tenure) Regulation, 1926;

(b) every person to whom a grant is made under clause (i of section 146.

(2) Notwithstanding anything contained in sub-section (1), ever;

person who, not being an occupancy or non-occupancy tenant, is i:

possession of any coconut or arecanut plantation in the Nicobars irr mediately before the commencement of this Regulation otherwis than in pursuance of a grant or licence made or granted under th tMUUlt*.

Non-oc«upincy tenant).

Grantees, 3 of 1936.

3 of 1926.

3 of 1916.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 403 Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, shall be deemed to be a grantee thereof for the purpose of this Regulation for such period as the Chief Commissioner may by notification specify from time to time.

Explanation.—In this sub-section "Nicobars" means all the Islands comprised in the Union territory of the Andaman and Nicobar Islands lying south of 10 Degree Channel.

145. Every person belonging to any of the following classes shall 1 be called a licensee and shall have all the rights and be subject to all the liabilities conferred or imposed upon a licensee by or under this Regulation, namely:—

(a) every person who, immediately before the commencement of this Regulation, was in occupation of any land in pursuance of a licence granted under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926;

(b) every person who is granted a licence in respect of any non-agricultural land under clause (ii) of section 146.

146. The Chief Commissioner may, on such terms and subject to such conditions as he thinks fit,—

(i) make to any person, for the cultivation of coconuts, coffee, rubber and other long-lived crops and for the construction of buildings and works to be used for the purpose of, or in connection with, such cultivation, a grant of land for any period not exceeding thirty years with an option for renewal for a like period:

Provided 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 extent 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 Chief 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 bequest, as the case may be.

3 of 1926.

Licensees.

Power to make grants and licences.

Licensee to construct a building.

Devolution.

484 THE GAZETTE OF INDIA EXTRAORDINARY [PAKT "

149. (1) Subject to the provisions of sub-sections (2) and (3) no tenant shall, after the commencement of this Regulation, sub-let lor 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 a registered co-operative farming society from sub-letting any such land to such society.

(2) A tenant who is—

(i) a person under disability; or

(ii) a person, being a permanent resident of the Union territory of the Andaman and Nicobar Islands, but in the service of the Union and employed in the main land of India; or (Hi) a public, charitable or religious institution; or

(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 oi 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 a sub-tenant in respect of any agricultural land held by him shall not exceed,—

(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 Sub-letting.

Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 48* of sucii land is supplied by the tenant, and one-nfth of such produce or its value as so calculated, it such plough cattle is not supplied by the tenant;

(fa) 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 m such form as may be prescribed duly signed by him or his authorised agent.

150. Where a tenant sub-lets any holding or part thereof in contravention of the provisions of section 149 such tenant and the person to whom the holding or part thereof has been sub-let shall, notwithstanding anything contained in any law, be liable to ejectment from such holding or part thereof.

151. (1) A tenant shall be liable to be ejected from his holding by an order of the Sub-Divisional Officer, made on any of the following grounds, namely:— '(a) he has done any act which is destructive or permanently injurious to the land comprising the holding; or

(b) he has used such land for any purpose other than that for which it was given; or

(c) he has transferred his interest in such land in contravention of the provisions of this Regulation or 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 1st day of February or after the 30th day of April in any year.

152. (1) Where an occupancy tenant or a non-occupancy tenant leaves the locality in which he usually resides without making any arrangement for the cultivation of his holding or when a grantee leaves the village in which he usually resides without making proper Effect of Mib-lctting contravention of !,cciion 149, bjectment of Lenant Abandonment of holding.

486 THE GAZETTE OF INDIA EXTRAORDINARY [PART U arrangement for the maintenance of the holding given under the grant, for a continuous period for two agricultural years, the Sub- Divisional Officer, may, after such enquiry as he may deem necessary, take possession of the land comprising the holding 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 or grantee.

(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.

(3) Where no claim is preferred under sub-section (2) or If a claim is preferred and disallowed the Sub-Divisional Officer shall make an 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 of the holding, in accordance with the rules made under this Regulation.

154. (2) An occupancy tenant, a 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.

Sumnder.

Bxchanfl*.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 4^7

(3) Where the Sub-Divisional Officer permits any exchange undei sub-section (I) he shall also order the relevant records to be corrected accordingly.

155. (1) A tenant may sue in the court of the Sub-Divjsiona] Officer for partition of his share in a holding comprising of agricul tural land:

Provided that where any question of title is raised no such parti tion shall be made, until such question has been decided by a civil courft

(2) The Sub-Divisional Officer may, after hearing the co-tenur< holders, divide the holding and apportion the assessment of the hold ing 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.

(4) Where in the course ot partition the area of the holding of « co-tenure holder falls below two hectares, the Sub-Divisional Office] may, on an application being made in this behalf by such co-tenurt holder, direct the sale of his interest in the holding to another cotenure holder willing to purchase such interest at the price determin ed by the Sub-Divisional Officer in accordance with the rules made under this Regulation:

Provided that if two or moie co-tenure holders are willing to purchase such interest, the Sub-Divisional Officer shall order the salt 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 th< share of the co-tenure holder intending to sell his interest in th« holding in accordance with sub-section (4), the Sub-Divisional Office:

shall direct the sale of the interest of the co-tenure holders in the entire holding by public auction and shall distribute the proceeds oJ the sale after deducting the expenses 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 ir 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 m any land comprised in his holding except the produce of such trees •hall be void unless his interest in the land itself is transferred.

Partition.

Rights to trees In holdlufi 4g8 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11

(3) Trees standing in any land comprised in the holding of an occupancy tenant shall not be attached or sold in execution of a deciee or order of a civil court or under an order of a revenue oiiicer 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 to be removed such trees from 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 years, he may, by notification, extend the said period of five years generally or in relation to any specified holding or class of holdings by tuch further period or periods 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.

151. (1) A tenant shall be entitled to make any improvement in his holding lor the better cultivation of the land or its more convenient use:

Provided thai he shall not plant trees in such a way as fo diminish the value of eny 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 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 reject It.

(3) If a tenant has efferte<i any improvement on any land comprised in his holding ynd his interest in the holding is extinguished under clause (b) or ciniibe (c) or clause (e) of section 162, he shall be entitled to receive, on such extinguishment, such compensation for it as the revenue officer may determine in accordance with the provisions of sub-section (4).

Right to make improvement.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 489

(4) The amount of compensation determined by the revenue officer 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) che condition of the improvement at the time of determination of compensation and the probable duration of its effect:

(d) any other matter which may be prescribed.

158. (1) At any lime during the currency of any settlement the Deputy Commissioner m«?y, in accordance with the rules made undei this Regulation, on the application of a tenant or of his own motion reduce the land revenue in itspect of any land on any of the following grounds, namely —

(1) that the l^nd has been wholly or partially rendeied linn* for cultivation in consequence of floods or other cause bevonc the control of such tenant;

(h) that the atoa of the holding of the tenant has diminishec for any reason, below the area in relation to which the lane revenue was assessed.

(2) Where any induction is ordered under sub-section (1), sucl reduction shall take effect fiom the commencement of the :evenu« year next following the date of the order.

(3) If the cause lor which land revenue has been reduced undej sub-section (I) subsequently ceases or is removed, the Deputy Com missioner may, after giving the tenant a reasonable opportunity oJ being heard, make an order directing that such reduction bhatl ceas< to be in force and on such order boing made, the reduction shall stanc removed from the commencement of the revenue year next follow ing the date of the order.

159. U) (a) Subject to the provisions of section 186 an occupancj tenant may transfer any mitrest in his land:

Provided that an occupancy tenant, from whom any amount b} way of loan or otherwise is due to the Government, shall not transfei such interest except uith the previous permission in writing of th« Deputy Commissioner.

(b) A grantee may transfer any interest in his land with th» previous permission in writing of the Chief Commissioner.

Reduction of revenue during the currency of settlement.

Right of transfer.

45/o THE GAZETTE OF INDIA EXTRAORDINARY |>AHT ii

(2) Notwithstanding anything contained in sub-section (1),—

(i) no mortgage of his interest in any land by an occupanc] tenant shall be valid unless at least two hectares, of land is lef with him free from any encumbrance or charge;

(ii) no occupancy tenant shall have the right to transfer hi interest in any land if after such transfer the total extent of th< land held by him will be reduced below two hectares:

Provided that nothing in this clause shall apply to such trans fer in favour of a co-operative society or an institution estab lished for a public, religious or charitable purpose;

(iii) the right of an occupancy tenant or a grantee belonging to any Scheduled Tribe shall not be transferred to a person no belonging to such Tribe without the previous permission of ;

revenue officer not below the rank of a Deputy Commissioner given for reasons to be recorded in writing,

(3) Notwithstanding anything contained in sub-section (1) or an;

other law for the time being in force,—

(a) the interest of an occupancy tenant in any land th< extent of which is two hectares or less, snail not be liable to b< attached or sold in execution of any decree or order of an] court;

(b) the interest of an occupancy tenant or a grantee belong ing to any Scheduled Tribe in his land shall not be liable to b« attached or sold in execution of any decree or order of an;

court.

(4) Nothing in this section shall—

(a) prevent an occupancy tenant or a grantee from transfer ing his interest in any land to secure payment of, or shall affec the right of the Government to sell such right for the recovery of, an advance made to him under the Land Improvement Loans Act, 1883 or the Agriculturists Loans Act, 1884;

(b) prevent a grantee from transferring his interest in an;

land to secure payment of an advance made to him by a co operative society; or

£5) Where an occupancy tenant effects a mortgage other thai a usufructuary mortgage of his interest in the land, then, notwlth standing anything contained in the mortgage deed, the total amount o 19 of 1883.

12 of 1884.

Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 401 interest accruing under the mortgage shall not exceed one-half of the principal amount advanced by the mortgagee.

(6) Notwithstanding anything contained in the Indian Registration Act, 1908, no officer empowered t< register documents thereunder shall admit to registration anv document which purports to contravene the provisions of this section.

(7) Nothing in this section shall apply to any transfer of his interest in any land made by an occupancy tenant or a grantee before tht commencement of this Regulation.

(8) The interest cf a non-occupancy tenant shall be non-transferable.

(9) The interest of a licensee of non-agricultural land shall no1 be transferable except with the previous permission in writing of the Chief Commissioner-.

Provided that where within a period of sixty days after the rê ceiot of any application from any licensee for permission to transfei hi.s interest in any non-agricultural land, being a house site, frit Chief Commissioner does noc refuse permission or upon refusal does not communicate the refusal to the licensee, then, the Chiei Commissioner shall be deemed to have granted permission for sue?

transfer.

Explanation.—For the purpose of this section "Scheduled Tribe' shall have the same meaning as in clause (25) of article 366 oi the Constitution.

160. If a transfer of interest in land is made1 in contravention o:

the provisions of clause (h) of sub-section (2) of section 159 the inter est so transferred shall stand forfeited to the Government in accord ance with such rules as may be made in that behalf.

161. (1) If after the commencement of this Regulation any tenan is dispossessed of any lard held by him otherwise than by process <•> law, he may within two years from the date of such dispossession auply to the Tehsildar for his reinstatement in such land.

(21 On receipt of an application under sub-section (1), the Tehsil dar shall, after making an enquiry into the respective claims of tfr parties, pass orders on the application and when he orders the resto ration of possession to the tenant, put him in possession of the land

(3) The Tehsildar may, at any stage of the enquiry under sub section (2), pass an interim order for delivery of possession of th 16 of (908.

Forfeiture in case of certain transfers.

Reinstatement of wrongfully ejected tenant.

4$2 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11 land to the apulicant, 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 (I) and if possession is not delivered to the applicant, the Tehsildar shall cause the opposite party to be ejected.

(4) When an interim ordur has been passed under sub-section (3), the opposite party may be required by the Tehsildar, to execute a bond for such sum as he may deem fit for abstaining from taking 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 contravention 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 Tc-'hsildar shall also award a reasonable compensation to be paid to the applicant 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 a 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 oi such part has been transferred, letout or used in contravention of the provisions of this Regulation;

(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.

Extinguishment of tenancies.

fM. 1] THE GAZETTE OF INDIA EXTRAORDINARY 493

CHAPTER XIV CONSOLIDATION OF HOLDINGS 1«S. In thts Chapter,—

(i) "consolidation of holdings" means the redistribution oi or any of the land in a village, so as to allot to the tenants conti guous plots of land for the convenience of cultivation;

(it) "consolidation officer" means a revenue officer, not belovi the rank of a Tehsildar, appointed by the Chief Commissionei for any district or districts to exercise the powers, and fo perfotrr the duties of a consolidation officer under this Regulation;

(tti) "scheme" means a scheme for the consolidation o' holdings;

(iu) "tenant" does not include a grantee or a licensee of non agricultural land.

164. \1) Any two or more tenants in a village holding togethei not less than the prescribed minimum area of land may apply In writing, stating such particulars aa may be prescribed, to the coniolldatlon officer for the consolidation of their holdings.

(2) The Deputy Commissioner may of hia own motion direct the consolidation officer to make an enquiry Jnto the feasibility of consolidation of holdings in any village'.

(3) If two-thirds 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-third3 of the tenanti of any village make' an application agreeing to the consolidation oi their holdings, such application shall be deemed to be an application on behalf of all the tenants of the village.

165. (7) If on receipt of any such application or at any stage oi 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 consolidation officer may submit the application to the Deputy Commissioner with a 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 jnquiiy.

DtfloittoM.

Initiation *f consolidation proceedings.

Rejoctioft of application.

494 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11

166. If the consolidation officer admits the application he shall )roceed to deal with the same in accordance with the procedure laid lown by or under this Regulation.

167. (1) If the tenants making the application under section 164 :ubmit a scheme mutually agreed to, the consolidation officer shall, n such manner as may be prescribed, examine it and, if necessary, nodify it.

(2) If no scheme is submitted with the application, the consolilation officer shall prepare a scheme in such manner as may be prescribed and invite rhieciions, if any, on the scheme in the prescribed manner from the persons likely to be affected thereby.

(3) If the consolidation officer is of opinion that the redistribu- ;lon of land in accordance with the scheme will have the result of illotinR to any tenant an interest in any holding or land of a less narket or productive value than that of his interest in the original loldinp or land the scheme may provide for the payment of cornsensation to such tenant by such person or persons as the consolida- ;ion officer may direct.

(4) The amount of compensation payable under sub-section (3) shall be calculated as nearly as may be, in accordance with the pro- /isions of the1 I and Acquisition Act, 1894.

(51 When the scheme is ennrrVlpto, the consolidation officer, after considering and as far as possible removing the objections, if any, nad" to the scheme, shall submit it for confirmation to the Deputy Commissioner.

168. TO" Deputy OoTnTnisiin-opr may either confirm the scheme yith or witT-out rmdific^tioni or refuse to confirm it after consider- ^ T t h e o b j e c t i o n o r o b j e c t i o n s * • ? ^ n y , t o t h e s c h e m e , ^ n d t h e r e . c o m - nendation of +h" fnnso'Hdatio'n oficer, and the decision of the Deputy Commissioner shall subieet to any order that may be passed in rerision bv 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 a case falling under sub-sfftio-n (31 of section 164. on all the tenants of the village and on all persons who may subsequently be entitled to hold or ocmray the land affected bv the scheme and, In any other case, on the applicants and those who have agreed to the consolidation of thoir holdings and on all persons who may subsequently be entitled to hold or occupy the land affected "by the scheme:

Admission of application.

Preparation of «cheme for consolidation of holdings.

Confirmation of scheme.

Consequences of confirmation.

I of 1894.

flac/l} THE GAZETTE OF INDIA EXTRAORDINARY 495

(ti) the consolidation officer shall, if necessary, demarcate the boundaries of the holdings and shall proceed to announce the decisions finally made and cause 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 wnom a scheme is binding shall be entitled j 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 shaU, 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 possessioa of thy 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 shal], fur th e purpose of giving effect to any scheme affecting them, be transfer able by exchange or otherwise and no person shall be entitled to object to or interfere with any transfer made fur 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 forcefa) 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.

173- (1) The consolidation officer shall, unless the Chief Commissioned for sufficient reasons directs otherwise, recover from the tenants whose hold, ings are affected by the scheme the costs of carrying out the scheme, whicv.

shall be assessed in accordance with the rules made under this Regulation.

(2) The consolidation officer shall apportion the costs among the tenantliable to pay the aame according to the occupied area of the holdings affectec by the scheme.

Rights of tenants to possession of holdings.

Transfer of rights ot" tenants in holdings.

No Instrument neceaBary to effect transfer.

Cost of carrying out scheme.

49(5 THE GAZETTE OF INDIA EXTRAORDINARY [PAR* H

174. Any amount payable as compensation under sub-section 0 ) of section 167 or sub-section (2) of section I78, 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 holdings which will affect the scheme shall be commenced and all such proceedings pending L 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 admitted under lection 166, no tenant upon whom the scheme will 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 ihall have the same rights in the holding or land allotted to him in pursuance of a echeme a« he had in his original holding or land.

178. (/) 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, mortgagee or other encunr brancer, as the case may be, ahall exercise his rights accordingly.

(2) If the holding to which a lease, mortgage or other encumbrance it transferred under sub-section (j), is of a less market value than the original holding from which it is transferred, the lessee, mortgagee or 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.

(j) Notwithstanding anything contained in sub-section (1) or any other law for the time being in force the consolidation officer shall, if necessary put any lessee or any mortgagee or other encumbrancer entitled to possession by warrant into possession of the holding or part of a holding to which bi» lease} mortgage or other encumbrance has been transferred under eub-eectlon

(1).

Recovery of compensation and •oiti.

Suspension of partition proceedings during currency of consoHdatloi proceedings.

Transfer of property during proceedings.

Blights of tenants after consolidation to both* tame a» befora.

Encumbrances of Ma*nf*.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 497

CHAPTER XV CO-OPERATIVE FARMS

179. Any ten or more occupancy tenants holding between them twelvt hectares or more of land in any circle referred to in section 79 or section 8c and desiring to start a co-operative farm, may apply in writing to the 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 a co-operative farm shall b< accompanied by extracts from the record-of-rights showing the total arei with the recorded numbers of all the fields held by each of the applicants ii 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 h prescribed that the application has been duly made, register the co-operativ farm under the Co-operative Societies Act, 1912, and grant a certificate 0 registration.

182. When a co-operative farm has been registered under section 18 all lands in the circle held by the members shall, for so long as the registra tion of the co-operative farm is not cancelled, be deemed to be transferred t and held by the co-operative farm which shall thereupon hold such land i accordance with the provisions of this Chapter, and may, notwithstandin anything contained in this Regulation, use it for purposes of agriculture c for the development of cottage industries.

183. When a certificate of registration in respect of any co-opcrativ farm has been granted under section 181, the provisions of the Co-open tive Societies Act, 1912 shall, in so far as they are not inconsistent with th provisions of this Regulation or the rules made thereunder, be applicab!

thereto.

184. Every application submitted under section 179 shall be accon panied with a copy of the proposed bye-laws of the co-operative farm ar such bye-law* shall be deemed to be the bye-laws required to be filed undi aub-section (3) of section 8 of the Co-operative Societies Act, 1912.

185. Nothing in this Chapter shall be construed to mean that the inte •et of an occupancy tenant in the land contributed to the co-operative far, haa ceaacd to vest in him.

a *f 191* 3 *f 1913.

3 •( 191ft.

a of 191a.

Formation of co-operativ« farm.

Application for registrar tion.

Registration of co-operative farm.

• Land held ' by a member • to be transferred to tht farm.

Consequencei of registration.

Bye-Jawi of the farm.

•Land l contributed to the farm to eontinu* to veit in the ocao- AQ& T H E G A Z E T T E O F I N D I A E X T R A O R D I N A R Y [ P A R T l i

186. No member of a co-operative fprm shall be entitled to make any disposition of any land contributed by him to the faim.

187. Every member of a co-operative faun shall be entitled to slich rights and privileges, be subject to such obligations and liabilities" and be bound to discharge such duties as may beconfeired or imposed upon him by or under this Regulation.

188. Subject to such exceptions as may be prescribed, every member ihall be bound to contribute to the co-operative farm to such extent and in such manner as may be prescribed—

(i) funds;

(it) personal labour;

(iii) agricultural implements 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-opera-̂ tive farm is situated or who intends to settle down in the circle or who cultivates land therein may be admitted us a member thereof rpon such terms and conditions as may be laid down by the farm.

191. When a member, whose land is held by a co-operative farm, cues his heirs entitled to his interest under section 148, shall become members of lhe co-operative farm.

192. (1) A co-operative farm shall be entitled to such concessions and facilities as may be prescribed.

(2) Without prejudice 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,

(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.

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.

Heirs entitled to become members of the farm.

Concessions and facilities for the co-operative farm.

Provisions of Chapter tti apply to grantees.

Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY ,499

CHAPTER XVI RIGHTS IN AEADI AND UNOCCUPIED LAND AND ITS PRODUCE

194. A record or all unoccupied land shall be prepared and maintained for every village in such manner as may be prescribed.

'95- C1) The Deputy Commissioner shall, consistent with the provisions of this Regulation and ihe 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 the 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 nc Gram Sabha, on the application of not less than one-fourth of the aduli 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 a!

he deems fit.

196. The following matters shall be provided in the Nistar Patrali referred to in section 195, namely: —

(a) the terms and conditions on which grazing of cattle in the village may be permitted;

(b) the terms and conditions on which and the extent to whicr any resident of the village may obtain—

(t) wood, limber, fuel or any other forest produce,

(it) moo ram, kankar, earth, or any minor mineral;

(d) any other matter required to be recorded in the Nistar Patral by or under this Regulation.

Explanation.—In this section and in section 197 the expression "minoi minerals" shall have the meaning assigned to it in clause (e) oi section 2, of the Mines and Minerals (Regulation and Development) Act 1957-

197. In preparing the Nistar Patiuk as provided in section 196 the Deputy Commissioner shall, as far as possible, make provision f o r - te) free grazing of the cattle used for agriculture;

57 of 1957.

Record of unoccupied land.

Preparation of Nistar Patrak.

Matters to be provided for in Nistar Patrak.

Provision in Nistar Patrik for certain matters.

5oo THK GAZETTE OF INDIA EXTRAORDINARY [PAFT 11

(b) removal, free of charge, by residents of the village for their bona fide domestic consumption of—

(i) forest produce,

(ii)^rninor minerals;

(a) concessions to be granted to the village crftfttmen for the removal of forest produce or minor mineral* for the purpose of their craft.

198. (1) Subject to such rules as may be made under this Regulation, the Deputy Commissioner may set apart unoccupied land for the following purposes, namely:—

(a) for timber or fuel reserve;

(b) for pasture or fodder reserve;

(d) for keeping cattle;

(«) for encamping ground;

(f) for threshing floor;

(g) for bazar;

(A) for skinning ground;

(i) for manure pits;

(J) for any public purpose such as schools, playgrounds, parks, roads, lanes and drains;

(k) for any other purposes which may be prescribed.

(3) Lands set apart specially for any purpose mentioned in tub-section

(1) shall not otherwise be diverted for any other purpose without the previous sanction of the Deputy Commissioner.

(5) Notwithstanding anything contained in this section, if the Deputy Commissioner is satisfied that any unoccupied land set apart for any of the purposes mentioned in sub-wction (J) is not immediately required or suitable for such purpose, he may allot such land to such persons, for uch periods and purposes and on such terms and conditions, as may be prescribed.

(4) Where any land I* allotted under sub-section (j), 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 Deputy Commissioner to itt apart unoccupied land for cumin purpose*.

rrohlbitlon of cutting of certain xtm.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 50I 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, he may reserve such further area for abadi from the unoccupied land in the village as he may think fit.

aoi. (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.

(̂ ) 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, 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.

(j) If the Government 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 powers specified in sub-section (3) should be exercised, the Deputy Commissioner may, by order in writing and subject to such conditions and reservations as he mayjspecify, authorise the person to whom such right has been assigned to exercise such powers:

Provided that no such authorisation shall be made until notice has been duly served on all persons having rights in the land affectedj and their objections have been heard and considered.

(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 its 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 his award is not acceptedi by the civil court, as nearly as may be in accordance with the provisions of the Land Acquisition Act, 1894.

(5) If an assignee of the Government fails to pay compensation as provided in sub-section {4), the Deputy Commissioner may recover such compensation from him on behalf of the personsentitled to it, as if it were an arrear of land revenue.

1 of 1894.

Abwli.

Government's title to minerals.

503 THE GAZETTE OF INDIA EXTRAORDINARY [PART il

(6) If any person who without lawful authority extracts or remove* minerals from any mine or quarry, the right to which vests in, and has not been assigned to him by, the Government, he shall, without prejudice to any other action that may be taken against him, be liable on the order in writing of the Deputy Commissioner, to pay penalty not 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 he 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, and has not been assigned by, the Government.

203. (1) Any person who unauthorised^ 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 time 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 necessary to restore the land to its original condition shall be recoverable from such person as an arrear of land revenue.

(j) Such person shall, subject to the provisions of sub-section (J), also be liable, at the discretion of the Tchslldar, 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 (j) t 0 compensate persons who may, in his opinion, have suffered loss or injury from such unauthorised occupation.

(5) If, in 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.

(tf) If any person ordered to be ejected under sub-section ( J ) has constructed any work of a permanent nature under a bona fide mistake, the may apply t0 the Deputy Commissioner for condonation of the encroachment Penalty for unauthorised occupation of land.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 503 and the Deputy Commissioner may, if satisfied that the work was constructed under a bonafide mistake and that the land can be allowed to remain in the possession of such person without any serious detriment to public purposes 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 deliverer 10 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 Sub-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, fores( 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 pan 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.

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 Act5 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;

7 of 1870.

Penalty for contravention of provisions.

Jurisdiction of civil courts excluded.

Couu-fee.

P rotcctior of action*, taken In good faith.

504 THE GAZETTE OF INDIA EXTRAORDINARY [PAFT ^

(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 mayj by notification, exempt any class of lands from all or any of the provisions of this Regulation.

308. 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 restrictions 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 requires, take any action not inconsistent with the provisions of this Regulation which may appear to it necessary for the purpose of removing the difficulty.

210. (J) 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 generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—

(j) the manner of preservation or disposal of trees, brush-wood, jungles or other natural product under sub-section (2) of section 38;

(n) the manner of assessment of land revenue under section 40;

(tii) the manner of assessment of land revenue on unassessed land under section 41;

(jv) 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;

(vt) the manner of carrying out division of survey numbers into sub-divisions and the apportionment of the assessment of the survey number amongst the sub-divisions and the limit of the area or land revenue for recognition of sub-divisions of a survey number, under •ection 51;

Power to exempt.

Delegation of powers.

Power to remove difficulties.

Power to make rules.

8BC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 505

(vtt) the records in which the area and assessment 01 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 under 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;

(XH) the manner of dividing lands in urban areas into plot numbers, recognising existing survey numbers as plot numbers, reconstituting plot numbers and forming new plot numbers, under section 68;

(petit) the manner of dividing plot numbers into sub-divisions and apportioning the assessment of plot n?jmbers amongst the sub-divisions and the limits, either of area or of land revenue or both, in any local area for recognition of sub-divisions, under section 69 ;

(xiv) the records in which the area and assessment of plot numbers and sub-divisions 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 th^ standard rates under section 72;

(xvit) the manner of determining the average annual letting value of lands, and of fixing standard rates of assessment on lands 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 rccord-of-rights;

(xxii) the form of acknowledgement to be given by the patwari under section 84 and sub-section (4) of section 85;

<o6 THE GAZETTE OF INDIA EXTRAORDINARY [PART ll

(xxiii) the officers by whom and the manner in which objectio n t.

entered in the register of mutations may be certified under sub-section

(5), and the manner in which entries in the register of mutation rray 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 restrictions and conditions subject to which ard the fees on payment of which the public may be allowed to inspect maps and land records under section 95;

(xxvii) the specification of, and the manner of construction and maintenance of, boundary marks of villages, survey numbers and plot numbers, under section 96;

(xxviit) the manner in which disputes concerning any boundaries may be decided by survey officers under section 109;

(xxix) the date on which, the instalments in which and the persons to whom land revenue may be paid under section IT5;

(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;

(xxxt) the procedure to be observed in effecting attachment and sale of movable and immovable properties and the procedure for publishings 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;

(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 tenant together for making an application for consolidation of their holdings under section 164;

(xxxv) the manner in which the scheme of consolidation of holdings nay be prepared and objections thereto may be invited, under tection 167;

(xxxvi) the manner of assessment of costs of carrying out the scheme of consolidation of holdings under section 173;

(xxxvit) the particulars which an application for the registration of a co-operative farm may contain under section 180;

Sec 1] THE GAZETTE OF INDIA EXTRAORDINARY 507 (xxxvni) the concessions and facilities to which a cooperative farn may be entitled under section 192 ;

(xxxix) the manner in which the record of unoccupied Ianda maj be prepared and maintained under section 194 ;

(*/) any other matter which is to be, or may be, prescribed.

211, (J) The Andaman and Nicobar Islands (Land Tenure) Regulation;

1926, is hereby repealed.

(2) The repeal of the said Regulation shall not affect,—

(a) the previous operation of the said Regulation or anything dulj done or suffered thereunder; or (b~) any right, privilege, obligation or liability acquired, accrued 01 incurred under the said Regulation; or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid* and any such investigaticn, 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.

C?) Subject to the provisions contained in sub-section (2), anything done or any action taken under the said Regulation and the rules made thereundei shall in so far as it is not inconsistent with the provisions of this Regulation, be deemed to have been done or taken under this Regulation and shal] continue to be in force until superseded by anything done or 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 this Regulation not been passed;

(b) all cases pending before any 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 3 of 1926.

Repeal.

Transitory provision.

50S THE GAZETTE OF INDIA EXTRAORDINARY [PABT U

(c) all fur i her proceedings with respect to the cases referred to in clauses (a) and (6) , whether by way of appealj revision, review 01 otherwise, shall be taken or instituted and disposed of according to the law which would have been applicable to such proceedings had this Regulation not been passed.

THE SCHEDULE [See section 2(6)] LIST OF COMMERCIAL TRBBS I .

2 .

3- 4- 5-

10.

11.

12.

13-

14.

IS-

16.

17.

18.

to.

White Dhup (Canarium euphyllum) Bakota (Endospermum malaccense) Kadam (Anthocephalus cadamba) Didu or Semul (Bombax insigne) Papita (Sterculia campanulata) Lambapathi (Sideroxylon longepetiolatum) Evodia (Evodia glabra) Red Drup (Parishia insignis) Lethok (Sterculia alata) Thitpok (Tetrameles nudiflora) Gurjan (Dipterocarpus spp.)

White Chuglam (Terminalia bialata) Badam (Terminalia procera) g £ £ d £ }CArtocarpus chaplasha) Lalchini (Amoora wallichii) Bomboza (Albizzia stipulata) Black Chuglam (Terminalia manii) Pyinma (Lagerstroemia hypoleuca) Lakuch (Artocarpus gomeziana) Sic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 509

20.

2 1 .

2 2 .

23.

24.

25-

26.

27.

28.

29.

3O.

31-

32.

33- 34- Thingan (Hopea odorata) Jhingan (Pajanelia rheedii) Ywigi (Adenanthera pavonina) Lal Bombwe (Planchonia andamanica) Hill Mohwa (Bassia butyracea) Gangaw (Mesua ferrea) Sea Mohwa (Mimusops Uttoralis) Chooi (Sageraea elliptica) Thitkandu (Pometia plnnata) Mangrove (Bruguiera sp.)

Nabe (Lannea grandis) Koko (Alblzzia lebbek) Padauk (Pterocarpus dalbergloides) Marblewood (Dlospyros marmorata) Satinwood (Murraya exoitica).

S. RADHAKRISHNAN, President.

S. P. SEN-VARMA, Secy, to the Govt. of India.

PRINTED IN INDIA BY THE GENERAL MANAGER, 0OVIRNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER OF PUBUCATIONS, DELHI, 1966 .

DELHI, 1966.

The Andaman And Nicobar Islands Lands Revenue And Land Reforms Regulation, 1966.

The enactment

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