The Andhra Pradesh Crop Cultivator Rights Act, 2019
Andhra Pradesh · state statute
Open in Lexace · Ask the AI about this act1
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
2
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;
3
(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;
4
(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.
5
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
6
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.
Lex