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The Andhra Pradesh Crop Cultivator Rights Act, 2019.

Andhra Pradesh · state statute
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THE ANDHRA PRADESH CROP CULTIVATOR RIGHTS ACT, 2019
ACT No. 30 of 2019
  (Last Updated:29.04.2024)
SECTIONS
CHAPTER -1
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
EXECUTION OF AGREEMENT
3. Execution of Agreement.
4. Rights and responsibilities of the Land Owner - The Land Owner.
5. Right and responsibilities of the Cultivator -The Cultivator.
6. Obligation of Government.
7. Bankers Obligation.
8. Duties of the Village Secretariat.
9. Applicability in the Schedule Areas.
10. 1st Appellate Authority.
11. 2nd Appellate Authority.
12. Revision Authority.
13. District Level Stake Holder Meeting.
14. Nodal Agency.
15. Protection of action taken in Good faith
16. Bar of Jurisdiction
17. Act to override other laws
18. Power to remove difficulty
19. Power to make rules
20. Repeal and Saving
THE ANDHRA PRADESH CROP CULTIVATOR RIGHTS ACT, 2019
ACT No. 30 of 2019
AN ACT TO PROVIDE CROP LOAN FROM THE STATE OR CENTRAL
GOVERNMENT OR CO-OPERATIVE SOCIETY OR SCHEDULED BANK OR
OTHER FINANCIAL INSTITUTIONS OWNED CONTROLLED OR MANAGED BY
THE STATE GOVERNMENT OR CENTRAL GOVERNMENT AND CROP
INSURANCE, CROP DAMAGES OR ANY OTHER BENEFITS OR FACILITIES BY
THE GOVERNMENT TO THE CULTIVATORS OF AGRICULTURAL LAND
THROUGH CROP CULTIVATORS RIGHTS CARD WITHOUT EFFECTING THE
RIGHTS OF THE OWNER OF THE LAND AND FOR MATTERS CONNECTED
THEREWITH AND INCIDENTAL THERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the
Seventieth year of the Republic of India, as follows:
CHAPTER -I
PRELIMINARY
1. Short title, extent and commencement- (1) This Act may be called the
Andhra Pradesh Crop Cultivator Rights Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the Government may, by
notification, appoint.
2. Definitions:-In this Act, unless the context otherwise requires-
(1) “Agreement” means agreement for cultivation of agricultural
land between the Land owner and the cultivator agreed in the
form of “crop cultivator rights card”;
(2) “Agreement Amount” means any consideration in cash or
kind or both payable by the Cultivator to the Land Owner as per
their mutual agreement;
(3) “Agricultural Land” means land, which is used or is capable
of being used for the purposes of agriculture crop, other than
Government Land or land assigned by the Government to the
poor for agricultural purpose;
(4) “Agricultural Year” means the year commencing from the 1st
day of June to 31st of May of next year;
(5) “Authorised officer” means Village Revenue Officer working
in Village Secretariat;
(6) “Crop” includes, -
(i) all crops of food grains, pulses, oil seeds, vegetables,
cotton, chillies, grass, tobacco; and
(ii) Any crop as may be notified by the Government from
time to time.
(7) “Crop Cultivator Rights Card” means the agreement between
the land owner and cultivator for a period of eleven months
countersigned by the Village Revenue Officer in the Village
Secretariat;
(8) “Cultivator” means a person who cultivates the agriculture
land by entering into an agreement with the land owner for
agriculture, either on payment of rent or any other means of
consideration without exclusive possession, for a period of 11
months and whose name is not recorded in any of the revenue
records in respect of that agreement land;
(9) “Government’ means the State Government of Andhra
Pradesh;
(10) “Land Owner” means the Owner of the land or the
Authorised agent of the Owner of the land who consents the
Cultivator for cultivation of his land;
(11) “Notification” means the notification published in the
Andhra Pradesh Gazette or the District Gazette and the word
‘notified’ shall be construed accordingly.
(12)“Prescribed” means prescribed by rules made by the
Government under this Act;
(13) 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.(Act.No.26 of 1971).
CHAPTER-II
EXECUTION OF AGREEMENT
3. Execution of Agreement - (1) All agreements of agricultural land between
the land owner and the cultivator shall be made as per the
provisions of this Act.
(2) The agreement shall be in the form of Crop Cultivator Rights
Card as prescribed.
(3) The agreement in the form of Crop Cultivator Rights Card shall
contain the following terms and conditions namely: -
(a) The names of the Land Owner and Cultivator;
(b) Survey number, boundaries, location of agreement
land;
(c) The duration of the Agreement period shall be eleven
months;
(d) The Cultivator shall not to acquire any right over the
property other than those set forth in this Act or
mentioned in the Crop Cultivator Rights Card.
4. Rights and responsibilities of theLand Owner–
The Land Owner,-
(a) Shall have the land reverted back on the expiry of the
agreement period without any encumbrances;
(b) Shall put the Cultivator in possession of the
agricultural land on the first day of the agreement and
shall not interfere with his possession and enjoyment
thereof so long as the Cultivator complies with the
terms of the agreement;
(c) Shall have the right to terminate the Agreement only if
the Cultivator fails to comply with the terms of the
agreement, by giving two months advance written
notice to the Cultivator;
(d) Shall have the right to alienate the agreement land but
such alienation shall not affect the right of Cultivator
to possess and enjoy the agricultural land during the
agreement period;
(e) Shall be entitled for loans other than crop loan on the
agreement land.
5.  Right and responsibilities of the Cultivator-
The Cultivator,-
(a) Shall be entitled for an undisturbed possession of the
agricultural land for the complete agreement period
irrespective of any change in ownership of the said land
during the period of agreement;
(b) Shall be entitled to obtain crop loan on the agreement
land from the State or Central Government or Co-
operative society or Scheduled Bank or any other
Financial Institution owned, controlled or managed by
the State or Central Government;
(c) Shall be entitled to obtain crop insurance crop damages
or any other benefits or facilities provided to the
Cultivators by the Government as notified;
(d) Shall vacate the agricultural land immediately at the
end of the term of the agreement without any
encumbrances;
(e) The Cultivator shall not create any charge or interest or
liability during the agreement period;
(f) Shall not be entitled for any compensation for any
improvement or development made on the agreement
land from the Land Owner, unless otherwise agreed by
the Land Owner and Cultivator;
(g) Shall pay the Agreement amount within the time as
mutually agreed with the Land Owner;
(h) Shall use the land only for agricultural purposes, and
shall not cause any damage to the land and any other
immovable property on the land;
(i) Shall not have any right to the agreement land other
than those specifically agreed notwithstanding in
anything contained in any other Act;
(j) Shall pay crop loan borrowed from the Banks or
Financial institutions after harvest of the crop;
(k) S.C., S.T., B.C. and Minority cultivators will also be
entitled to “Rythu Bharosa” scheme in addition to land
owners.
6.  Obligation of Government- No changes to be made in the Revenue records
by any official on the entries already available in the land records based on the
agreement with respect to ownership of the land.
7. Bankers Obligation- (1) This Crop Cultivator Rights Card is sufficient for
the Cultivator to obtain crop loan. The banker shall sanction and disburse crop
loan without insisting any other documents from the holder of this Crop
Cultivator Rights Card.
(2) Bankers shall not attach the scheduled land for recovery of any due
of the Cultivator.
8. Duties of the Village Secretariat-
(a) the Authorised officer in the Village Secretariat shall
countersign the Crop Cultivator Rights Card and shall
handover to the Cultivator with a copy to the Land Owner
within three (3) days from the date of intimation of the
Cultivator intention;
(b) shall maintain the register prescribed for this purpose
containing all the agreements received;
(c) shall ensure all the benefits viz., Input subsidy, Insurance,
Rythu Bharosa if eligible, Crop loan etc., of the agricultural
land taken on agreement applicable to the Cultivators;
(d) shall receive grievances, if any and redress them within seven(7) days.                     (d) Shall receive grievances, if any and redress them within seven
(7) days.
9. Applicability in the Schedule Areas – This Act shall apply to Cultivators
who being to Scheduled Tribes only notified within the Scheduled Areas of the
State of Andhra Pradesh.
10. 1st Appellate Authority- Any person aggrieved by the decision of the
Village Secretariat may prefer 1st Appeal to the Tahsildar of the concerned
Mandal in the prescribed manner and the, Appellate authority shall dispose of
the appeal by summary enquiry within seven (7) days.
11. 2nd Appellate Authority- Any person aggrieved by the decision of the 1st
Appellate authority may prefer 2nd Appeal to Sub Collector/Revenue Divisional
Officer of the concerned Revenue Division in the prescribed manner and the
Appellate authority shall dispose of the appeal by summary enquiry within
seven (7) days.
12. Revision Authority- Any person aggrieved by the decision of the 2nd
appellate authority may prefer revision to the Joint Collector of the concerned
District in the prescribed manner and the Appellate authority shall dispose of
the Appeal by summary enquiry within seven (7) days.
13. District Level Stake Holder Meeting- The District Collector of the
respective district shall conduct a meeting with all stake holders such as
representatives of cultivators, bankers, land owners, revenue and agricultural
officials of the district before commencement of crop year. Further such
meetings shall be conducted periodically during the crop year to review the
implementation of the provisions of the Act. The District Collector shall submit
a report to the Nodal Agency on conduct of said meetings.
14. Nodal Agency- The Chief Commissioner of Land Administration shall be
the Nodal Agency for the purpose of this Act and the Agency may issue such
orders and instructions as may be necessary to implement the provisions of the
Act and the rules made thereunder and to achieve the object of the Act from
time to time.
15. Protection of action taken in Good faith - (1) No suit, prosecution or
other legal proceedings shall lie against any person, officer or authority for
anything which is in good faith done or intended to be done in pursuance of
this Act or any rules made thereunder.
(2) No suit or other legal proceedings shall lie against the Government for any
damage caused or likely to be caused or for any injury suffered or likely to be
suffered, by virtue of any provision of this Act, or for anything which is in good
faith or intended to be done in pursuance of this Act, or any rules made
thereunder.
16. Bar of Jurisdiction - No decision made or order passed by any Officer or
Authority or the Government under this Act, shall be called in question before
a Civil Court in any suit, 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 pursuance of any power
conferred by or under this Act.
17. Act to override other laws - The provisions of this Act, shall have effect on
other laws not withstanding anything to the contrary contained in any other
law for the time being in force, except the Andhra Pradesh Scheduled Areas
Land Transfer Regulation, 1959.( Regulation No.1 of 1959).
18. Power to remove difficulty - If any doubt or difficulty arises in giving
effect to the provisions of this Act, the Government may, by general or special
order do anything not inconsistent with such provisions which appears to it to
be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
19. 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 made, be
laid before the Legislature of the State, if it is in session and if it is not in,
in the session immediately following for a total period of fourteen days
which may be comprised in one session or in two successive sessions and
if, before the 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.
20. Repeal and Saving -(1) The Andhra Pradesh Land Licensed Cultivators
Act, 2011 is hereby repealed (Act No.18 of 2011).
(2) The Andhra Pradesh (Andhra Area) Tenancy Act, 1956 shall be
repealed duly following the procedure (Act No.18 of 1956).
(3) On such repeal the provisions of sections 8 and 18 of the Andhra
Pradesh General Clauses Act, 1891 shall apply ( Act No.1 of 1891).

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