The Andhra Pradesh Land Licensed Cultivators Act, 2011

Andhra Pradesh Land Licensed Cultivators Act, 2011 
 
(Act No. 18 of 2011) 
 
ARRANGEMENT OF SECTIONS 
 
SECTIONS 
 
 
1.   Short title, extent and commencement 
2.   Definitions  
3.   Issue of Loan Eligibility Card 
4.   Applicability in the Scheduled Areas 
5.   Appellate Authority 
6.   Nodal Agency 
7.   Protection of persons acting in good faith 
8.  Act to override other laws: 
9.   Bar of Jurisdiction of Civil Courts 
10.  Power to remove difficulty 
11.  Power to make rules 
12.   Repeal of Ordinance 1 of 2011 
 
  
ANDHRA PRADESH LAND LICENSED CULTIVATORS ACT, 2011 
(ACT NO. 18 OF 2011) 
 
                                                                                    [23rd December, 2011] 
 
AN ACT TO PROVIDE LOAN AND OTHER BENEFITS ELIGIBILITY CARD TO 
THE FARMERS, WHO RAISE CROPS WITH EXPRESS OR IMPLIED 
PERMISSION OF OWNER OR PATTADAR OF LAND, BUT HAVE NO 
RECORD FOR SUCH ENJOYMENT WITHOUT EFFECTING THE 
RIGHTS OF OWNERS, ENABLING THEM TO ACCESS CREDIT FROM 
THE PUBLIC FINANCIAL INSTITUTIONS AND TO CLAIM BENEFITS 
OF IN PUT SUBSIDY, CROP INSURANCE, COMPENSATION FOR 
DAMAGE TO CROP AND FOR MATTERS CONNECTED THEREWITH 
AND INCIDENTAL THERETO. 
      Be it enacted by the Legislature of the State of Andhra Pradesh in the 
Sixty-second Year of the Republic of India as follows: 
1.    Short title, extent and commencement: - (1) This Act may be called 
"The Andhra Pradesh Land Licensed Cultivators Act, 2011". 
       (2) It extends to the whole of the State of Andhra Pradesh. 
       (3) It shall be deemed to have come into force with effect on and from the 
7th June, 2011. 
2.   Definitions -  In this Act, unless the context otherwise requires: 
(1) "Agricultural Land" means land, which is used or is capable of 
being used for the purposes of agriculture or crop, other than 
Government land or land assigned by the Government to the poor 
for agricultural purpose; 
(2) "Agricultural Year" means the year commencing on the 1st day 
of May; 
(3) "Crop" includes. 
(i) all crops of food Grains, Pulses, Oil seeds, Vegetables, 
Jute, Cotton, Chillies, Sugarcane, Grass, Tobacco; 
(ii) Horticulture, Spices; 
(iii) Mulberry; and 
(iv) any crop as may be notified by the Government. 
(4) "Eligibility Card" means the Loan and Other Benefits Eligibility 
Card issued under Section 3; 
(5) "Government" means the State Government of Andhra Pradesh; 
(6) " Member of the Family" means spouse, sons, daughters and 
parents; 
(7) " Licensed cultivator of Land " means and includes the farmers 
who cultivate the land of others with express or implied 
permission, either on payment of r ent or any other means of 
consideration without exclusive possession, for one year or until 
the duration of crop whichever is later and whose names are not 
recorded in any of the revenue registers concerned to that 
particular land: 
   Provided that the licensed cultivator shall not be a member  
  of the family of the owner or pattadar of the land concerned; 
(8) " Prescribed" means prescribed by rules made by the 
Government under this Act; 
(9) " Revenue Officer " means Deputy Tahsildar, Mandal  Revenue 
Inspector and Village Revenue Officer as may be specified; 
(10) "Notification" means the notification published in the Andhra 
Pradesh Gazette or the District Gazette and the word 'notified' shall 
be construed accordingly. 
(11) The words and phrases which are used but not defined in this 
Act shall have same meaning as provided in the Andhra Pradesh 
Record of Rights in Land and Pattadar Pass Books Act, 1971.  
3.   Issue of Loan Eligibility Card: - (1) On and from the date of 
commencement of the Act, every licensed cultivator, who requires a Loan and 
Other Benefits Eligibility Card, shall be entitled to enter his name in the 
Register of Lo an and Other Benefits in respect of concerned land, maintaine d 
for such period and in such manner as may be prescribed. 
 (2) On such entry in the records, every licensed cultivator shall be 
entitled for a Loan and Other Benefits Eligibility Card, to be issued by the 
Revenue Officer. 
 (3) The Eligibility Card issued to a cultivator, shall create only a right on 
the crop raised therein and no rights whatsoever shall accrue on the land. 
 (4) The licensed cultivator may be entitled to secure crop loan from any 
Public Financial Institution,  crop insurance, input subsidy in his name and 
other claims of damage to the crop raised over the said land on the production 
of the Eligibility Card, subject to the norms governing these benefits, but it 
does not create or confer any right of possession, tenancy or interest of 
whatsoever nature over the land under the licensed cultivation. 
 (5) The licensed cultivators whose names are entered in the said record, 
specified in this section are entitled to possess an Eligibility Card ordinarily for 
the concerned year only but it may be for a further period depending on the 
duration of the crop raised together with the explicit or implicit permission of 
the owner of the land, enabling them to get benefits specified in the said card. 
 (6) The Public Financial In stitutions may sanction crop loan only on 
production of Eligibility Card without insisting the production of any revenue 
record. 
 (7) The farmers who had occupancy right in land either under the 
Tenancy Laws or under the Andhra Pradesh Rights in Land and P attadar Pass 
Books Act, 1971, or other revenue laws and got their names recorded in 
concerned registers are excluded from the benefit under this Act. 
 (8) The Eligibility Card, issued shall ordinarily be valid for one 
agricultural year but it may be issued  for longer period or renewed where long 
duration crops are taken up. 
 (9) The Revenue Officer shall f urnish the list of card holders prepared in 
sub-section (2) to the Public Financial Institutions in advance for sanctioning 
Crop Loan.  
 (10) The Owner or  Pattadar of land inspite of the land given on licensed 
cultivation is entitled to get loans, other than the crop loan, from Public 
Financial Institutions on security of said land. 
4. Applicability in the Scheduled Areas: - In this Scheduled Areas of the 
State of Andhra Pr adesh, this Act shall apply to L icensed cultivators who 
belong to Scheduled Tribes notified within the Agency area only.  
5. Appellate Authority: - Any person aggrieved by the decision of the 
Revenue Officer  in matters concerned with Eligibility Card, may prefer an 
appeal to Tahsildar of the Revenue Mandal in the prescribed manner and the 
appellate authority shall dispose of the a ppeal by summary enquiry within  
fifteen (15) days and its decision shall be final. 
6. Nodal Agency:- The Chief Commissioner of Land Administration shall be 
the Nodal Agency for the purpose of this Act and the Agency  may from time to 
time issue such orders and instructions as may be necessary to implement the 
provisions of the Act and the  rules made there under and to achieve the object 
of the Act. 
7. Protection of persons acting in good faith: - No suit, prosecution or 
other legal proceeding shall lie against any officer of the Government for 
anything which is in good faith done or intended t o be done under this Act or 
the rules made there under. 
8. Act to override other laws: - The provisions of this Act, shall have effect 
notwithstanding anything to the contrary contained in any other law for the 
time being in force, except the Andhra Pradesh Sc heduled Areas Land Transfer 
Regulation, 1959. 
9. Bar of Jurisdiction of Civil Courts: - No decision made or order passed 
or proceeding taken by any Officer or Authority or the Government under this 
Act, shall be called in question before a Civil Court in any s uit, application or 
other proceeding and no injunction shall be granted by any Court in respect of 
any proceeding taken or about to be taken by such Officer or Authority or 
Government in presence of any power conferred by or under this Act. 
10. Power to remove  difficulty:- If any doubt or difficulty arises in giving 
effect to the provisions of this Act, the Government may, within a period of 
three years from the commencement of this Act, by order published in the 
Gazette, make such provision a s appears to it to  be necessary or expedient for 
removing the difficulty. 
11. Power to make rules: - (1) The Government may, by notification, make 
rules for carrying out all or any of the purposes of this Act. 
 (2) Every rule made under this Act shall, immediately after it is ma de, be 
laid before the Legislature of the State, if it i s in session and if it is not i n  
session, in the session immediately following for a total period of fourteen da ys 
which may be comprised in one Session or in two successive Sessions and if, 
before t he expiration of the Session in which it is so laid or the Session 
immediately following the Legislature of the State agrees in making any 
modification in the rule or in the annulment of the rule, the rule shall, from the 
date on which the modification or annulment is notified, have effect only in 
such modified form or shall stand annulled as the case may be, so however, 
that any such modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule. 
12.    Repeal of Ordinance 1 of 2011: - The Andhra Pradesh Land Licensed 
Cultivators Ordinance, 2011 is hereby repealed. 
 
     A. SHANKAR NARAYANA, 
     Secretary to Government, 
      Legislative Affairs & Justice, 
         Law Department 
 

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