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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) 
 
ARRANGEMENT OF SECTIONS 
 
 
 CHAPTER - I 
PRELIMINARY 
 
 Sections  
 
 
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 
5. Rights and responsibilities of 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 
  
  
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THE ANDHRA PRADESH CROP CULTIVATOR RIGHTS ACT, 2019. 
 
(ACT No. 30 OF 2019) 
 [17th August, 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 BEN EFITS 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 a 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 o f “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 1 st 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 Right 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;  
 
 
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(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 w hose 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 the Land 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 agreem ent, 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; 
 
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(e)  Shall be entitled for loans other than crop lone on the agreement 
land. 
 
5.  Rights and responsibilities of the Cultivator  - The Cultivator,- 
 
(a)  Shall be entitled for an undisturbed possession of the agricultura l 
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 t o 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 C ultivators 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 intere st 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 amo unt 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 e ntries already available in the  land rec ords 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.  
 
  
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8. Duties of the Village Secretariat, -  
 
(a) the Authorised officer in the Villag e Secretariat shall countersign  
the Crop Cultivator Right s 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. 
 
 
9. Applicability in the Schedule Areas - This Act shall apply to Cultivators  who 
belong 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 1 st Appeal to 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 1 st 
Appellate authority may prefer 2 nd 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 2 nd 
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 c ommencement 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 proceeding s 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 whic h is in good 
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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 
other laws notwithstanding anything to the contrary contained in any other law 
for the time being in force, except the Andhra Pradesh Sche duled 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: 
 
                   Provide tha t no such order shall be made after the expiry of a p eriod 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, immediatel y 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, b efore 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 modificat ion 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 (Act No.18 of 2011) is hereby repealed.  
 
 (2) The Andhra Pradesh (Andhra Area) Tenancy Act, 1956  (Act No.18 of 
1956) shall be repealed duly following the procedure. 
 
      (3) On such  repeal the provisions of sections 8 and 18 of t he Andhra 
Pradesh  General Clauses Act, 1891  (Act.No. 1 of 1891) shall apply.  
 
 
 
  

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