The Telangana Land Licensed Cultivators Act, 2011.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA 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.
TELANGANA LAND LICENSED CULTIVATORS
ACT, 2011.1
ACT No. 18 OF 2011.
1. (1) This Act may be called the 2Telangana Land
Licensed Cultivators Act, 2011.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall be deemed to have came into force with
effect on and from the 7th June, 2011.
2. 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;
1. The Andhra Pradesh Land Licensed Cultivators Act, 2011 received the
assent of the Governor on 22.12.2011. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorganisation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent
and
commencement.
Definitions.
2 [Act No.18 of 2011]
(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
3Telangana;
(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 rent or any other
means of consideration without exclus ive 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 b y
the Government under this Act;
(9) “Revenue Officer” means Deputy Tahsildar, Mandal
Revenue Inspector and Village Revenue Officer as may be
specified;
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
[Act No.18 of 2011] 3
(10) “Notification” means the notification published in
the 4Telangana 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
5the Telangana Record of Rights in Land and Pattadar Pass
Books Act, 1971.
3. (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 Loan and Other Benefits in respect of
concerned land, maintained 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.
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
5. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Issue of Loan
Eligibility Card.
4 [Act No.18 of 2011]
(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 Institutions may sanction crop
loan only on production of Eli gibility 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 6Telangana Rights in
Land and Pattadar 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 furnish 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 cu ltivation is entitled to get loans, other
than the crop loan, from Public Financial Institutions on
security of said land.
4. In the Scheduled Areas of the State of 7Telangana, this
Act shall apply to Licensed cultivators who belong to
Scheduled Tribes notified within the Agency area only.
6. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Applicability in the
Scheduled Areas.
[Act No.18 of 2011] 5
5. 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 appeal by summary enquiry within fifteen (15) days
and its decision shall be final.
6. The Chief Commissioner of La nd 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. 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 to be done under this Act or
the rules made thereunder.
8. The provisions of this Act, shall have effect
notwithstanding anything to the contrary contained in a ny
other law for the time being in force, except 8the Telangana
Scheduled Areas Land Transfer Regulation, 1959.
9. 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 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.
8. Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Appellate
Authority.
Nodal agency.
Protection of
persons acting in
good faith.
Act to override
other laws.
Bar of Jurisdiction
of Civil Courts.
6 [Act No.18 of 2011]
10. 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 as appears
to it to be necessary or expedient for removing the difficulty.
11. (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 session, 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 ses sion 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. The Andhra Pradesh Land Licensed Cultivators
Ordinance, 2011 is hereby repealed.
* * *
Power to remove
difficulty.
Power to make
rules.
Repeal of
Ordinance 1 of
2011.
Lex