LexThe ARUNACHAL PRADESH (LAND SETTLEMENT AND RECORDS) ACT-2000 AS AMENDED
Arunachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE ARUNACHAL PRADESH (LAND SETTLEMENT AND RECORDS) ACT-2000
(Act No. 1 O of 2000)
[Assented by the Governor of AP on 27.10.2000 and published in AP EOG No 80 Vol X Dtd 17.11 2000]
1.Amended by the ARUNACHAL PRADESH (LAND SETTLEMENT AND RECORDS) (Amendment) ACT-201 S(Act no 11 of 2018)
[Assented by the Governor of AP and published in AP EOG No 186 Vol XXV Dtd 15.5.2018]
AN
ACT
to provide a comprehensive law for land revenue administration for the whole of the
State of Arunachal Pradesh incorporating customary rights on the land and certain
measures of land reforms.
BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Fifty-first Year
of the Republic of India as follows:-
CHAPTER!
PRELIMINARY
Short title extent and Commencement.
1. (1) This Act may be called the Arunachal Pradesh (Land Settlement and Records}
Act, 2000.
(2) It extends to the whole of the State of Arunachal Pradesh.
(3) It shall come into force on such date as the Government may, by notification in the
Official Gazette appoint, and different dates may be appointed for different areas and
for different provisions of this
Act. .
Definitions .
. 2. In this Act, unless the context otherwise requires:-
( a) "agriculture" includes horticulture, the raising of annual or periodical crops or
garden produce, dairy farming, poultry farming, stock breeding and grazing
pisciculture ;
(b} "commencement of this Act" in relation to any provision, means the date specified
in respect of that provision i.e. a notification issued under sub-section (3) of section
1 . ,
(c) "common land" means any land used or reserved for the common use of a
community or a village ;
(d) "community" means residents of a village as a whole and includes a clan, sub
clan, kindered;
( e) "competent authority" in relation to any provision, means any officer appointed by
the Government to be the competent. Authority for the purpose of that provision;
(f) "Deputy Commissioner" means the Deputy Commissioner in charge of a district,
(g) "Government" means the State Government of Arunachal Pradesh;
(h) "Government land" means land acquired by the Government under Land
Acquisition Act or through donation of the public for establishment of Administrative
Headquarter, Government Institutions and facilities under various wings of the
Government or such land as defined under Section-9.
(i) "improvement" in relation to any land,means any work which materially adds to the
value of the land and which is suitable to the land and consistent with the character
thereof, and includes :-
(i) the construction of tanks, wells, water channels and other works for the
storage,supply and distribution of water for agricultural purposes or for the use
of man and cattle employed in agriculture ;
(ii) the construction of works for the drainage of land or for the protection of
land from floods or from erosion or from other damage by water;
(iii) the preparation of land for irrigation ;
(iv) the conversion of one crop land into two crop land;
(v) the reclaiming, clearing, enclosing, levelling or terracing of land used for
agricultural purpose;
(vi) the erection on land or in the immediate vicinity thereof otherwise than on ,
the village site, of a building or house for the occupation of the tenant, his
family and servants or a cattle shed, a store-house or other construction for
agricultural purposes or of any building required for the
convenient or profitable use or occupation of the land ; and
(vii) the renewal or reconstruction of any of the foregoing works or such
alteration therein or additions therein or addition thereto as are not of the nature
of ordinary repairs;
(j) "Jhum land" means Jhum land as defined in clause (b) of section 2 of the
Bali para, Ti rap, Sadiya Frontier Tracts Jhum land Regulation, 194 7 (Regulation 3, 4 &
5 of1947).
(k) "holding" means a parcel of land separately assessed to land revenue ;
(I) "land owner" in relation to any land means a person who acquires rights of
ownership in respect of such _land by :-
(i) in heritance or acquisition in accordance with a local custom.
(ii) purchase, if such purchase is not contrary to local customs
(iii) gift or donation as per local custom ;
(iv) according to provisions under section 88;
(m) "pay" ''payable" and "payment", used with reference to rent, include "deliver",
"deliverable" and "delivery" ;
(n) "person under disability" means
(i) a widow;
(ii) a minor ;
(iii) a woman who is unmarried or who, if married, is divorced or judicially
separated from her husband or whose husband is a person falling under clause
(iv) or (v)
(iv) a member of the Armed Forces of the Union; .
(v) a person incapable of cultivation by reason of physical or mental disability;
( o) "personal cultivation" with its grammatical variations and cognate expressions
means cultivation by a person on his own account :-
(i) by his own labour, or
(ii) by the labour of any member of his family, or
(iii) by servants or by hired labour on wages payable in cash or in kind but not
as a share of produce under his personal supervision or !he personal
supervision of any member of his family ;
(p) "public purpose" includes a purpose connected with settlement of land with
cultivators, tenants ejected as a result of resumption, landless agricultural workers or
co-operative farming societies ;
(q) "revenue" means any revenue assessed by the Government on an estate and
shall always be deemed to have included any tax assessed in lieu of land revenue.
(r) "rent" means whatever is lawfully payable by a tenant to the Land lord in cash or
in kind or partly in cash and partly in kind,
whether as a fixed quantity of produce or as· a share of produce, on account of the
use or occupation of land or on account of any right in land but shall not include land
revenue;
(s) "resident" means an indigenous person ordinarily residing in a village or area;
(t) "tenant" means a person who cultivates or holds the land of another person under
an agreement, expressed or implied, on
condition of paying therefore rent in cash or in kind or delivering a share of the
produce;
(u) "village" means any tract of land which before the commencement of this Act was
recognised as or was declared to be a village under any law for the time being in
force or which may after such commencement be recognised as a village
at any settlement or which the State Government may, by notification in the . official
Gazette, declare to be a village ;
(v) "village authority" and "village council" means a village authority and council as
constituted in accordance with or under any statutory law for the time being in force
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0 (w) "year" means the agricultural year commencing on such date as the Government
may, in the case of any specified area, by notification in the Official Gazette, appoint.
CHAPTER II
REVENUE DIVISIONS, REVENUE OFFICERS AND
OTHER APPOINTMENTS
Power to create, alter or abolish Revenue districts, Subdivisions etc.
3. (1) The State Government may, by notification in the Official Gazette, divide the
territories to which this Act extends into one or more Revenue districts, and may
similarly divide any Revenue district into subdivisions and blocks and may alter the
limits of, or abolish any Revenue district, sub-division or blocks.
(2) The districts, sub-divisions and block existing at the commencement of this Act
shall continue respectively to be districts, sub-divisions and blocks under this Act
unless otherwise provided under sub-section(1 ).
Appointment of Revenue Officers
4. The Government or such officer as may be authorised by the Government in this
behalf, may appoint the following classes of Revenue Officers,
namely:-
( a} Revenue Commissioner (ex-officio) ;
(b) Deputy Commissioner ;
(c) Additional Deputy Commissioner;
(d) Director of Settlement and Land Management ;
(e) Sub-divisional Officers/EAC;
(f) Circle Officer/BOO ;
(g) Deputy Director or Assistant Director, Officer Surveyor of Settlement and
Land Management ;
(h) Survey and Settlement Officers;
(i) Assistant Survey and Settlement Officers ;
U) Supervisor Kanungos/Recorder Kanungos ;
(k) Mandals ; and Chainman
(I) Such other village officers as may be appointed by order made under this
Act.
Deputy Commissioner and certain other Revenue Officers.
5. (1) Each districts shall be placed under the charge of a Deputy Commissioner who
shall be in charge of the revenue administration of the district and exercise the
powers and discharge the duties of the Deputy Commissioner under this Act or any
other law for the time being in force and shall exercise so far as is consistent therewith
such other powers of superintendence and control within the district and over the
officers subordinate to him as may from time to time be prescribed.
(2) The Additional Deputy Commissioner shall exercise all such powers and perform
all such duties of the Deputy Commissioner or other Revenue Officer as the State
Government may specify by notification in the official Gazette.
(3) Each Sub-division shall be placed under the charge of a sub-divisional
officer/Extra Assistant Commissioner.
(4) Each circle or block shall be placed under the charge of a Circle Officer or a Block
Development Officer as the case may be.
(5) The duties and powers of the sub-divisional officers, the Circle Officers and other
Revenue Officers shall be such as may be imposed or conferred on them by or under
this Act or any other law in force for the time being or any general or special order of
the Government published in the official
Gazette in this hehpilf
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Settlement Officers.
6. The officers specified in terms (d), (t), (h), and (i) of Section 4 shall have power to
take cognizance of all matters connected with the survey of land and the settlement
of the revenue-rates and the preparation and maintenance of land records and other
registers and shall exercise all such powers and perform all such functions and
perform all such duties as may be prescribed by or under this Act or by any general
or special order of the Government published in the official
Gazette.
Combination of officers.
7. It shall be lawful for the Government to appoint one and the same person by virtue
of office to any two or more assignments provided for in this Chapter, and to confer
on any officer of the Government all or any of the powers and duties of any of the
revenue officers including that of the Deputy Commissioner.
Seals
8. The Government shall, from time to time, by notification in the official Gazette,
specify the revenue officers who shall use Seal and also the size and description of
Seal which each such officer shall use.
CHAPTER Ill
RIGHTS OVER LAND
Title of lands etc.
9. (1) All lands, public roads, lanes and paths and bridges, ditches, dikes, and fences
on or beside the same, the beds of rivers, streams, nallahs, lakes and tanks, and all
canals and water courses and all standing and flowing water, and rights in or over
the same or appertaining thereto, which are not the
property of an- person or community are hereby declared to be the property of the
Government.
(2) Unless it is otherwise expressly provided in the terms of a grant made by the
Government, the right to mines, quarries, mineral products including mineral oil,
natural gas and petroleum shall vest in the Government, and it shall have all the
powers necessary for the proper enjoyment of such rights.
Government's right to trees,forest etc.
10. (1) The right to all trees, jungles or other natural products growing on land set
apart for forest reserves and all trees, brush wood, jungle or other natural product,
where-ever growing, except in so far as the same may be the property of any person
or community, vests in the Government, and such trees, brush wood, jungle or other
natural products shall be
preserved or disposed of in such manner as may be prescribed, keeping in view the
interests of the people in the area with regard to the user of the natural products.
(2) All road side trees which have been planted and reared by or under the orders or
at the expense of the Government and all trees which have been planted and reared
at the expense of local authorities by the side of any road belonging to the
Government vest in the Government.
Assignment of land for special purposes
11. Subject to rules made in this behalf under this Act, the Deputy Commissioner may
set apart land belonging to the Government for pasturage for the village cattle, for
forest reserves or for any other purpose.
Allotment of Government land for Agricultural and housing purpose.
Q)
12. (l) The Deputy Commissioner may allot land belonging to the Government for
agricultural purposes or for construction of dwelling houses, in accordance with such
rules as may be made in this behalf under this Act,
(2) The Government shall have power :-
( a) to allot any such land for the purpose of an industry or for any purpose of public
utility on such conditions as may be
prescribed or
(b) to entrust the management or any such land or any rights therein to the Gram
panchayat of the village established under
any law for time being in force.
(3) The rules made under sub-sections (1) and (2) for allotment of land shall provide
for giving preference to the members of the co-operative farming societies formed by
marginal farmers, landless agricultural labourers, in allotting land.
Liability of land to land revenue.
13. (1) All lands, to whatever purpose applied, are liable to payment of land revenue
to the Government.
(2) The Government may exempt any land from the liability to such payment by
means of special grant or contract or in accordance with the rules made under this
Act.
Alluvial Land
14. All alluvial lands, newly formed islands, or abandoned river beds, which vest
under any law for the time being in force in any holder of land shall be subject in
respect of liability to land revenue to the same privileges, conditions and restrictions
as are applicable to the original holding by virtue of which such lands, islands or river
beds vests in the said holder, but no revenue shall be leviable in respect of any such
lands, islands or river beds unless the area of the same exceeds 5 (five )acre.
Land Revenue in case of diluvion.
15. Every holder of land paying land revenue in respect thereof shall be entitled
subject to such rules as may be made in this behalf, to a decrease of assessment if
any portion thereof, not being less than one acre in extent, is lost by diluvion.
Assessment of land to land revenue.
16. ( 1) The assessment of land revenue on any land shall be made or deemed to
have been made with respect to the use of the land.
(a) for purposes of agriculture,
(b) for industrial or commercial purposes,
( c) as sites for dwelling houses, and,
( d) for any other purposes
(2) 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 at a different rate in accordance with the rules made under this
Act.
Diversion of and for other purposes.
17. (1) If any person holding land for any purpose wishes to divert such land or any
part thereof to any other purpose except agriculture, he shall apply for permission to
the competent authority which may, subject to the provisions, of this section and to
the rules made under this Act, refuse permission or grant it on such conditions as it
may think fit.
(2) Permission to divert, may be refused by the competent authority, only on the
ground that the diversion is likely to cause a public nuisance or that it is not in the
interest of the general public or that the holder is unable or unwilling to comply with
the conditions that may be imposed under sub-section (3).
(3) conditions may be imposed on diversion for the following objects arid no others
narnelv in order to ser.11re thp r 11hlic. re.21th s::ifpty ;:inrl ~nnvpnipn~e ;:rn rl in thP r ~c:;p
of land which is to be used as building sites, in order to secure, in addition, that the ,
dimensions, arrangement and accessibility of the sites
are adequate for the health and convenience of occupiers or are suitable to the
locality.
(4) If any land has been diverted without permission by the holder or by any other
person with or without the consequent of the holder, the competent authority, on
receiving information thereof, may impose on the person responsible for the
diversion, a penalty not exceeding Five hundred rupees, and may proceed in
accordance with the provisions of sub-section (1) as if an application for permission
to divert had been made.
(5) If any land has been diverted in contravention of an order passed or of a condition
imposed under any of the foregoing sub-sections, the competent authority may serve
a notice on the person responsible for such contravention, directing him,
within a reasonable period to be stated in the notice, to use the land for its original
purpose or to observe the condition ; and such notice may require such person to
remove any structure, to fill up any excavation, or to take such other steps as may
be
required in order that the land may be used for its original purpose, or that the
condition may be satisfied, and the competent authority may also impose on such
person a penalty not exceeding Five hundred rupees for such contravention and a
further penalty not exceeding ten rupees for each day during which such
contravention continues.
Explanation:- "Diversion" in this section means using land for the purpose of
agriculture where it is· assessed with reference to any other purpose shall not be
deemed to be diversion.
Remission or suspension of revenue on failure of crops
18. The Government may, in accordance with the rules made in this behalf under this
Act, grant aremission or suspension of land revenue in such year or years in which
crops have failed in any particular notified area.
Responsibility for payment of land revenue.
19. ( 1) The following persons shall be primarily liable for the payment of land revenue
assessed on land, namely,
(a) the person to whom the land belongs ;
(b) the tenant or any person in possession of the land, provided that such tenant or
other person shall be entitled to credit from the owner of the land for the amount paid
by
him.
(2) Where there are two or more persons liable to pay revenue under sub-section (1
), all of them shall be jointly and severally liable for its payment.
Definitions of 'Revenue survey"
Receipt for land revenue.
20. Every revenue officer receiving payment of land revenue shall, at the time when
such payment is received by him, give a written receipt for the same.
CHAPTER IV
SURVEY AND SETTLEMENT OF LAND REVENUE
Definitions of 'Revenue survey" settlement and term of
"settlement".
21 The operations carried out in accordance with the provisions of this chapter in
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
0)
the period during which such results are to be m force is called the "term of
settlement".
Inquiry into profits of agriculture.
22. ( 1) As soon as may be after the commencement of this Act, the Government shall
take steps to institute and shall cause to be constantly maintained, in accordance
with the rules made under this Act; 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
(c) all other expenses1
usually incurred in the cultivation of the land which is under
inquiry ; and
(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.
Revenue Survey
23. Whenever the Government thinks it expedient so to do, it may by notification in
the official Gazette, direct the revenue survey of any local area with a view to the
settlement of the land. revenue and to the preparation of a record of right connected
therewith or the revision of any existing settlement or record of rights.
Power to require assistance from landholders
24. A survey officer deputed to .conduct or take part in any revenue survey may, by
special order or by general notice to be published in the prescribed manner, require
the attendance of holders of lands to assist in the measurement or classification of
the lands to which the revenue survey extends and, when hired labour is employed
for purposes incidental to the revenue survey, may assess and apportion the cost
thereof on the lands surveyed, tor collection as land revenue due on such lands.
Survey Numbers and villages
25. Subject to the rules made in this behalf under this Act, the survey officer may :
(a) divide the land to which the revenue survey extends into villages and the villages
into plots survey numbers ; and
(b) recognise the existing village and survey numbers, reconstitute them or form new
survey numbers.
Division of survey numbers into sub-divisions.
26. The Survey Officer may sub-divide survey numbers into as many sub-divisions
as may be required in the manner prescribed.
Preparation of settlement and other records.
27. It shall be the duty of the survey officer or the settlement officer on the occasion
of making or revising a settlement of land revenue to prepare a register to be called
the "settlement register", showing the area and assessment of each survey number,
with any other particulars that may be prescribed, and other records in accordance
with such orders as may, from
time to time, be made in this behalf by the Government
Determination of revenue rates.
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28. (1) The Government may at any time direct the determination or the revision of
the revenue-rates for all lands in any area of which a revenue survey has been made.
(2) For the purpose of determining the revenue rates, the settlement officer may
divide any area into units and in forming such units, he shall have regard to the
physical features, agricultural and economic conditions, and shall then determine the
revenue-rates for different classes of lands in each such unit in the manner
prescribed and in particular, in the case of agricultural land, to the profits of
agriculture, to the consideration paid for leases, to the market prices of land to the
principal monies on mortages and in the case of non-agricultural land, to the value of
the land for the purpose for which it is held.
Publication of table of revenue rates.
29. (1) The settlement officer shall prepare a table of revenue-rates in the prescribed
form and publish it in the prescribed manner for the prescribed period.
(2) Any person objecting to any entry in the table of revenue may present petition in
writing to the settlement officer within the prescribed- period and the settlement
officer shall consider such objections after giving a hearing to the objector.
(3) The Settlement officer shall submit the table of revenue-rates to the Government
together with a summary of objections, if any, his decisions on such objections and
a statement of the grounds in support of his proposals. ·
Confirmation of the table of revenue rates.
30. (1) The Government may confirm the table of revenue rates submitted to it by the
settlement officer with such modifications, if any, as it may consider necessary.
(2) The table of revenue-rates confirmed under sub-section (1) shall be finally
published in the official Gazette.
Rates of revenue to form part of settlement register.
31. The table of revenue-rates published under section 29 shall be incorporated in
and form part of the settlement register of the village.
lntroductionof revenue rates.
32. When the revenue-rates are determined under this chapter in respect of any area,
such rates shall take effect from the beginning of the year next after the date of final
publication of the table of revenue rates under section 29.
Duration of revenue
33. (1) When the table of revenue-rates for any area has been finally published, the
rates specified therein shall remain in force for a period of thirty years.
(2) Notwithstanding any thing contained in sub-section (1 )-
(a) revenue-rates may be altered or revised in any year after the expiry of every
ten years from the date on which the table of revenue-rates was introduced, in
such manner and to such extent as may be prescribed ;
(b) When the circumstances of a local area· are such that a fresh determination
of the revenue-rates is in the opinion of the
Government inexpedient, it may extend the term of settlement by such further
period as it may think necessary rates.
Assessment on holdings
34. (1) The settlement officer shall calculate the assessment on each holding in
accordance with the revenue-rates confirmed and finally publish under section 30
and such assessment shall · be the fair assessment.
(2) The settlement officer shall have the power to make fair assessment on all lands
whatsoever to which the revenue-survey extends, whether such lands are held with
liability to pay full land revenue or land revenue at concessional rates or are held
revenue free.
(3) The fair assessment of all lands shall be calculated in accordance with rules made
in this behalf and having regard to the following principles, namely:-
(a) no regard shall be had to any claim to hold land on privileged terms ;
(})
(b) regard shall be had in the case of agricultural land to the profits of
agriculture, to the consideration paid for leases, to the market prices of land
and to the principal monies on mortgages, and in the case of non-agricultural
land, to the value of the land for the purpose for which it is held ;
( c) where any improvement has been effected any time in any holding held for
the purpose of agriculture by or at the expense of the holder thereof, the fair
assessment of such holding shall be fixed as if the improvement had not been
made.
Additional assessment for water advantages.
35 . Notwithstanding anything contained in this chapter, the Government may direct
that any land in respect of which the rate of revenue has been determined shall be
liable to be assessed to additional land revenue during the term of the settlement for
additional advantages accruing to it from water received on account of irrigation
works or improvements in existing irrigation works completed after the table of
revenue-rates came into force and not effected by or at the expense of the holder of
the land.
Continuance of survey operations and ratesj n force at
The commencement of the Act
36. Notwithstanding anything contained in this Chapter, all survey operations
commenced under any law, executive or procedural instructions for the time being in
force and continuing at the commencement of this Act shall be deemed to have been
commenced and to be continuing under the provisions of this chapter, and all
revenue-rates in force at such commencement shall be deemed to have been
determined and introduced in accordance with the provisions of this chapter and shall
remain in force until the introduction of revised revenue-rates and such revised
revenue rates may be introduced at any time, notwithstanding anything contained in
section 32.
Power of Deputy Commissioner to correct errors etc.
37. (1) The powers and duties exercisable by the officers referred to in section 6 may
also be exercised during the term of settlement, by the Deputy Commissioner or
such other revenue officer as may be specified by the Government for the purpose,
by notification in the official Gazette.
(2) The Deputy Commissioner, may, at any time during the term of settlement,
correct any error in the area or the assessment or any survey number or sub-division
due to a mistake of survey or arithmetical miscalculation. ·
CHAPTERV
LAND RECORDS
Preparation of record of rights
38. It shall be the duty of the survey officer to prepare a record of rights for each
village showing the area of each survey number and other particulars and any other
record or register, in accordance with the rules made under this Act :
Provided that where for any reason a record-of rights cannot be prepared in respect
of the entire village it shall be lawful for the survey officer to prepare separate records
of-rights for different areas of such village and notwithstanding anything contained in
this Act or any rule made thereunder, a record-of-rights, when finally published shall
not be called in question in any court on the ground that it was not prepared in respect
of the entire village. ·
Publication of the record of rights.
39. (1) When a record of rights has been prepared, the survey officer shall publish a
draft of the record in such manner and for such period as may be prescribed and
shall receive and consider any objections which may be made during the period of
such publication, to any entry therein or to any omission
There from.
(2) When all objections have been considered and disposed of in accordance with
the rules made in this behalf, the survey officer shall cause the record to be finally
published in the prescribed manner.
(3) Every entry in the record of rights as finally published shall, until the contrary is
proved, be presumed to be correct.
Jurisdiction.
40. The Village council and Civil courts shall have
jurisdiction to decide any dispute which is recorded in
the record of rights.
Correction of bonafide mistake in register
41. The survey officer may, on application made to him in this behalf or on his own
motion, within one year from the date of final publication of the record of rights,
correct and enter in such record when he is satisfied that it has been made owing to
a bonafide mistake.
Preparation of field index.
42. (1) As soon as may be after survey and settlement, the Revenue officer shall
prepare and publish in the prescribed manner a draft field index in respect of every
plot in a village recording the status of the actual possessor and the conditions on
which he holds the land and shall fix a date not less than
fifteen days from the date of such publication, for filing claims and objections.
(2) The Revenue Officer, shall after giving the persons who have filed claims and
objections and also the persons whose interests are likely to be affected, an
opportunity of being heard, prepare the field index and publish it in the prescribed
manner.
Decision as to conflict in any case.
43. Notwithstanding anything herein before contained an entry regarding the status
of the actual possessor of a plot and the conditions on which he holds the land in the
field index as finally published shall, in case of conflict with an entry in the record-of
rights, prevail and be transferred to the record-of-rights for correction of such record
under certificate of such officer as may be prescribed in this behalf.
Register of mutations.
44. ( 1) There shall be maintained for every village a register of mutations in such
form as be prescribed.
(2) Any person acquiring by succession, survivorship, inheritance, partition,
purchase, gift, mortgage, lease or otherwise any right in land or, where such person
acquiring the right is a minor or otherwise disqualified, his guardian or other person
having charge of his property, shall report his acquisition of such right to the Revenue
officer within three months from the date of such acquisition and the Revenue
officer shall give at once a written acknowledgement in the prescribed form for such
report to the person making it.
{3) The Revenue officer shall enter the substance of every report made to him under
subsection (2) in the register of mutations and also make an entry therein respecting
the acquisition of any right of the kind mentioned in sub-section (2) which he has
reason to believe to have taken place and of which a report has not been made under
at the same time, shall make or paste up a complete copy of the entry in a
conspicuous place in the village and shall give a written intimation to all persons
appearing from the record of rights of the register of mutations to be interested in the
mutations and to any other person Who he has reason to believe to be interested
therein.
(4) Should any objection to an entry made under sub-section {3) in the register of
mutations be made either orally or in writing to the Revenue Officer, he shall enter
the particulars of tile objection in the prescribed form and furnish a copy of the same
to the person making it.
(5) The objections made under sub-section(4) shall be decided on the basis of
possession by the competent authority and orders disposing of objections entered in
the register of disputed cases shall be recorded in the register of mutation by the
competent authority.
(6) After the entries in the register of mutations have been tested and found correct,
the entries shall be transferred to the record of rights and shall be certified by such
officer as may be prescribed in this behalf.
Penalty for neglect to afford information.
45. The Deputy Commissioner may, if he is of opinion that any person has wilfully
neglected to make the report required by section 43, within the prescribed period,
impose on such person a penalty not exceeding twenty five rupees.
Assistance in preparation of maps.
46. Subject to rules made. under this Act, :-
(a) any revenue officer may, for the purpose of preparing or revising any map or plan
required for or in connection with any record or register under this chapter, exercise
any of the powers of the survey officer under section 24 except the power of
assessing the cost of hired labour ; and
(b) any revenue officer not below the rank of sub-divisional officer may assess the
cost of- the preparation of revision of such maps or plans and all expenses incidental
thereto, and such costs and expenses shall be recoverable in the same manner as
an arrear of land revenue.
Certified copies.
47. Certified copies of entries in the record of rights may be granted by such officers
on payment of such fees as may be prescribed.
Maps and other records open to inspection.
48. Subject to such rules and on payment of such fees, if any, as may be prescribed,
all maps and land records shall be open to inspection by the public during office
hours, and certified extracts there from or certified copies thereof may be given to all
persons applying for the same.
Power to transfer duty of duty of maintaining maps and records to settlement officer.
49. When a local area is under settlement, the duty of maintaining the maps and
records may, under the orders of the Government, be transferred from the Deputy
Commissioner to the settlement officer.
CHAPTER VI
BOUNDARIES AND BOUNDARY MARKS
Determination of village boundaries.
50. The boundaries of villages, survey numbers sub-divisions and fields shall be fixed
and all disputes relating thereto shall be determined by survey officers or by such
'
other officers as may be appointed by the Government for the purpose, in accordance
with the rules made in this behalf. ·
Effect of settlement of boundary.
51. (1) The settlement of boundary under this Chapter shall be determinative :
(a) of the proper position of the boundary line or boundary marks and
(b) of the rights of the land holders on either side of the boundary fixed in respect of
the land adjudged to appertain, or not to appertain, to their respective holdings.
(2) Where a boundary has been so fixed the Deputy Commissioner may at any time
summarily evict any land holder who is wrongfully in possession of any land which
has been adjudged in the settlement of a boundary not to appertain to his holding or
to the holding of any person through or under whom he claims.
Construction and repair of boundary marks.
52 . It shall be lawful for any survey officer authorised in this behalf to specify or cause
to be constructed, laid out, maintained or repaired, boundary marks of villages or
survey numbers of sub-divisions and to assess all charges incurred thereby on the
holders or others having an interest therein.
Description of boundary_marks.
53 The boundary marks shall be of such description and shall be constructed, rare
out, maintained or repaired in such manner and shall be of such dimensions and
materials as may, subject to rules made under this Act, be determined by the Deputy
Commissioner or other officer appointed for the purpose.
Responsibility for maintaining boundary marks.
54. Every land holder shall be responsible for the maintenance and good repair of
the boundary marks of his holding and for any charge reasonably incurred on account
of the same by the revenue officers in case of alteration, removal or repair. It shall
be the duty of the Revenue Officers and servants to prevent
the destruction or unauthorised alteration of the village
boundary marks.
Deputy Commissioner to have charge of boundary marks.
55. After the introduction of survey and settlement in a district, the charge of the
boundary marks shall devolve on the Deputy Commissioner and it shall be his duty
to take measures for their construction, laying out, maintenance and repair.
Tempering Boundary Marks
56. Any person wilfully erasing, removing or injuring a boundary mark shall be liable
to such penalty not exceeding one thousand rupees as the competent authority may
impose.
CHAPTER VII
REALISATION OF LAND REVENUE AND OTHER PUBLIC
DEMANDS
Land revenue to be first charge.
57. Land Revenue assessed on any land shall be the first charge on that land on the
crops, rents and profits thereof.
Payment of land revenue.
58. Land revenue shall be payable at such times, m such instalments, to such
persons, and at such places, as may be prescribed.
Arrear of land revenue.
CJ)
59. (1) Any instalment of land revenue or part thereof which is not paid on the due
date shall become an arrear of land revenue and the person responsible for the
payment shall become a defaulter.
(2) A statement of account certified by the Revenue Officer shall, for the purpose of
this chapter, be conclusive evidence of the existence of the arrear of its amount and
of the person who is the defaulter ;
Provided that nothing in this sub-section shall prejudice the right of such person to
make payment under protest and to question the correctness of the account in
separate proceedings before the competent authority.
Recovery of demand.
60. An area of land revenue may be recovered by any one or more of the following
processes, namely : ·
(a) by Serving a written notice of demand on the defaulter;
(b) by distraint and sale of the defaulter's moveable property including the
produce of the land;
(c) by attachment and sale of the defaulter's immoveable property.
Notice of demand
61. The form and contents of the notice of demand and the officers by whom such
notices shall be issued shall be in such manner as may be prescribed.
Distraint and sale of movable property
62. (1) The distraint and sale of the moveable property of a defaulter shall be made
by such officers or class of officers, in such manner as may be prescribed
(2) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of
any property which, under the Code of Civil Procedure. 1908, (5 of 1908) is exempt
from attachment or sale in execution of a decree or of any articles set aside
exclusively for religious use.
Sale of Immovable property
63. ( 1) When the Deputy Commissioner is of opinion that the processes referred to
in clauses (a) and (b) of Section 60 are not sufficient for recovery of an arrear, he
may, in addition to or instead of any of those processes, cause the land in respect of
which such arrear is due to be attached and sold in the prescribed manner.
(2) The Deputy Commissioner may also cause the right, title and interest of the
defaulter in any other immoveable property to be similarly attached and sold.
Note of Sale.
64(1) Before effecting the sale of any land or other immovable property under the
provisions of this chapter,the Deputy Commissioner or other Officer empowered in
this behalf shall issue such notices and proclamations, in such form, in such manner
and containing such particulars, as may be prescribed and such notices and
proclamations shall also be published in such manner as may be prescribed.
(2) A copy of every notice or proclamation issued under sub-section (1) shall be
served on the defaulter.
Sale to be by auction.
65. All sales of property, moveable or immoveable, under this Chapter shall be by
public auction held in accordance with such rules as may be prescribed.
Prohibition to bid a auction.
66. No officer having any duty to perform in connection with any such sale and no
person employed by or subordinate to such officer shall, either directly or indirectly
bid or acquire any property except on behalf of the Government.
Sale of perishables.
67. Perishable articles shall be sold by auction with the least possible delay and such
sale shall be finally concluded by the officer conducting the sale.
;
Sales not to be excessive.
68. Every sale of property, moveable or immovable, under the provisions of this
chapter shall as far as may be practicable, be proportionate to the amount of the
arrear of the land revenue to be recovered together with the interest thereon and the
expenses or attachment and sale.
Deposit by purchaser of immovableproperty.
69. In all cases of immoveable property, the party who is declared to be the purchaser
shall be required to deposit immediately twenty five percent of amount of his bid and
the balance within fifteen days of the date of sale.
Failure to make deposit.
70. (i) In default of the payment of deposit referred to in Section 69 the property shall
be put up for re-sale and the expenses incurred in connection with the first sale shall
be borne by the defaulting bidder.
(2) In default of payment of balance of the bid amount within the period prescribed in
Section 69 the deposit after defraying there from the expenses of the sale shall be
forfeited to the Government and the
(3) Where the proceeds of the re-sale are less than the price bid by such defaulting
purchaser, the difference shall also be recoverable from him in the same manner as
an arrear of land revenue.
Setting aside sale.
71. Where immoveable property has been sold under this Chapter, the defaulter, or
any person owing such property or holding an interest therein, may, at any time,
within thirty days of the date of sale or within such further period not exceeding thirty
days as the Deputy Commissioner may for sufficient cause allow, apply in the
prescribed manner to the Deputy
Commissioner to have the sale set aside ;
(a) on the ground of some material irregularity or mistake or fraud resulting in
substantial loss or injury to him, or
(b) on his depositing in the Deputy Commissioner's office the amount of the
arrear specified in the proclamation of sale,
the cost of the sale and for payment to the purchaser, as sum equal to five percent,
of the purchaser money.
Confirmation of sale
72. if, on the expiration of thirty days from the date of sale of any immoveable property
or of the further period, if any allowed under Section 71, no application has been
made and rejected, the Deputy Commissioner shall make an order confirming the
sale unless, for reasons to be recorded, the Deputy Commissioner sets aside the
sale notwithstanding that
no application therefore has been made.
Refunds
73. (1) The Deputy Commissioner shall order the refund and payment to the
purchaser, of :-
' (a) the amounts deposited by him under Section 69 and
(b) the sum equal to five percent of the purchase money deposited under
clause (b) of Section 71, if the sale is not confirmed or is set aside.
(2) The Deputy Commissioner shall order the refund and payment of all the money
deposited under clause (b) of Section 71 to the person who made the deposit, if- the
sale is confirmed ;
Provided that the Deputy Commissioner mExcerpt shown. Open the full act in Lexace.