Welcome to the presentation �on �Arunachal Pradesh (Land Settlement and Records) Act, 2000

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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.

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• Definitions.
• 2. In this Act, unless the context otherwise requires:-

( a) "agriculture" includes horticulture,, dairy, poultry, stock breeding and grazing pisciculture ;

(b} "commencement of this Act", means the date notification issued US 3(1)

(c) "common land" means any land used or reserved for the common use of a community ;

(d) "community" means residents of a village and includes a clan, subclan, kindered;

( e) "competent authority", means any officer appointed by the Government;

(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", means any work which adds to the value of the land and which is suitable to the land and consistent with the character thereof, and includes :-

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(j) "Jhum land" means Jhum land as defined in Balipara Tracts Jhum land Regulation, 1947

(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 ; etc
• ( o) "personal cultivation" 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 ;

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(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;

(q) "revenue" means any revenue assessed by the Government on an estate.

(r) "rent" means whatever is lawfully payable by a tenant to the Land lord in cash or in kind;

(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

(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 , or under the local customs respectively.

(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 

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REVENUE DIVISIONS, REVENUE OFFICERS AND OTHER APPOINTMENTS

3. Power to create, alter or abolish Revenue districts, Subdivisions etc.

4. Appointment of Revenue Officers.

( Com, DC, ADC, DSLM, SDO/EAC,CO/BDO, DD/AD, SSO, ASO & SK/LM/CM

5. Deputy Commissioner and certain other Revenue Officers

6. Settlement Officers.

7&8. Combination of officers & Seal.

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RIGHTS OVER LAND ,Title of lands etc.

9. (1) All lands, public roads, lanes and paths and bridges, ditches, dikes etc Govt land.

10. (1) The right to all trees, jungles or other natural products .

11. Assignment of land for special purposes

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• 12. Allotment of Govt land for Agril and housing purpose as per rule.
• 13. (1) Liability of land to (pay) land revenue(Govt may exempt).
• 14 & 15. Alluvial Land & Land Revenue in case of diluvion.
• 16. Assessment of land to land revenue as per class/use with re-classification and new revenue .
• 17. Diversion of land for other purposes with permission, penalty 5 times revenue.
• 18. Remission or suspension of revenue on failure of crops .
• 19. Responsibility for payment of land revenue.
• 20. Receipt for land revenue(CFR).

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• SURVEY AND SETTLEMENT OF LAND REVENUE
• 21. Definitions of 'Revenue survey" “settlement” and “term of settlement".
• 22. Inquiry into profits of agriculture and value of Agril/non agril land.
• 23. If Govt thinks , it may by notification in the official Gazette, direct the revenue survey.
• 24. Power to require assistance from landholders by issuing notice.
• 25. Survey Numbers(dags) after survey of villages .
• 26. Division of survey numbers (dags) for correction survey.
• 27. Preparation of “settlement register” showing the area and assessment of each survey(dag) number and other records.
• 28. Determination of revenue rates Unit & class wise .
• 29.Publication of table of revenue rates and submit to Govt after hearing.

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• 30. Confirmation of the table of revenue rates by Govt to SO & published in Gazette .
• 31 & 32. Rates of revenue to form part of settlement register & Introduction from next year .
• 33. It shall remain in force for a period of thirty years or may be exended or may be revised after 10 years.
• 34 & 35. Assessment on holdings & Additional assessment for water advantages.
• 36. Continuance of survey operations and rates in force at the commencement of the Act which started as per existing rule .
• 37. Powers and duties exercisable by the officers US 6 may also be exercised during the term of settlement, by D C.

The DC, 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.

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• Preparation of record of rights
• 38. It shall be the duty of the survey officer to prepare a record of rights for each village .

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• 39. Record of rights shall publish a draft , finally published after disposing objection and until the contrary is proved, it be presumed to be correct.

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• 40. The Village council and Civil courts shall have jurisdiction to decide any dispute which is recorded in the record of rights.

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• 41. The SO may,, 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.

• 42. After survey and settlement, the Revenue officer shall prepare.

Publish a draft field index in respect of every plot in a village.

Then finally published after hearing.

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43. Shall in case of conflict with an entry in the record-of rights.

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• 44. For every village a register of mutations shall be maintained .
• Any person acquiring charge of his property, shall report his acquisition of such right to the Revenue officer within three months.

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• 45. Failing which impose penalty not exceeding twenty-five rupees.

• 46. Assistance in preparation of maps.
• 47. Certified copies record of rights may be granted .
• 48. On payment of fees, maps and land records shall be open to inspection .
• 49. When a local area is under settlement, the duty of maintaining the maps and records may, under the orders of the Govt, be transferred from the DC to SO.
• 50. Boundaries of villages, survey numbers sub-divisions and fields shall be fixed .
• 51. The settlement of boundary shall be determinative of the proper position of the boundary line or boundary marks .
• 52. Boundary marks shall be lawful for any survey officer to specify or cause to be constructed or repair.
• 53 & 54. Description(types) of boundary marks & Responsibility by land holder for maintaining boundary marks.
• 55 & 56. . Deputy Commissioner to have charge of boundary marks & Tempering Boundary Marks will invite penalty upto Rs.1000.

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�REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS�

• 57. Land Revenue assessed on any land shall be the first charge on that land .
• 58. Land revenue shall be payable in time.
• 59. Land revenue not paid on the due date shall become an arrear and the person become a defaulter.
• 60. An area of land revenue may be recovered ·
• 61. Serving notice of demand
• 62. By distraint and sale of moveable property / produce of the land;
• 63. By attachment and sale of the defaulter's immoveable property.
• 64 & 65.Issuing Notice of Sale & Sale to be by auction .
• 66. Prohibition to bid a auction by employee except on behalf of Govt.
• 67. Perishable articles shall be sold by auction without delay .

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• 68. Every sale of property, moveable or immovable, be proportionate to the amount of the arrear and not to be excessive.
• 69. Deposit by purchaser within 15 days and 25% immediately.
• 70. In default of the payment of deposit the property shall be put up for re-sale with penalty to defaulter .
• 71 & 72. Immoveable property once sold ,the defaulter on his depositing arrear with cost interest 5% within 30/ 60 days of the date of sale the sale may be set aside by DC & failing DC will pass order confirming the sale .
• 73 & 74. Refund with 5% on setting aside or issue Certificate of purchase to auction purchaser .
• 75 & 76. Application of proceeds of sale for defraying the expenses with arrear and refund of surplus to defaulter & he will not be liable for the arrear.
• 78. Any public demands may be recovered as an arrear of land revenue.

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���APPEALS AND REVISIONS �

• Revenue officers and Revenue courts.
• 79. A revenue officer trying disputes US 4 of APLSR Act 2000 shall be a revenue court and shall be guided by the principles of the Civil procedure Code, 1908 in respect of summoning witnesses, production of documents recording of evidence and other relatable provisions.
• 80. Power to enter upon and survey the land.
• 81. Govt/DC may transfer any case from any revenue officer to any other revenue officer competent to deal with it.
• 82. (Use of force ) Order is passed under this Act directing a person to deliver possession of land or directing the eviction from land, such order shall be executed by the competent authority and it shall be lawful for such authority, to take such steps and use or cause to be used such force as may be reasonably necessary for securing compliance with the order.
• 83. Appeals lie (a) DC from order passed by an Officer sub-ordinate (b) Govt/Secy from order passed by DC /SO (c) SO from order passed by ASO (d) DSLR from order passed by SO .
• 84. No (a) first appeal lie after the expiry of thirty days and (b) second appeal lie after the expiry of sixty days.

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• 85.( Revision) Govt represented by the concerned Secretary or the Deputy Commissioner may, at any time allow Revision of any case before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order passed .
• 86. (Review) A revenue officer may review any order passed by himself or by any of his predecessors-in-office with prior approval of DC/Govt on grounds, namely; (i) discovery of new and important matter of evidence; (ii) some mistake or error apparent on the face of the record, or (iii) any other sufficient reason.
• 87.(Stay) A revenue officer who has passed any order or his successor-in-office may, at any time before the expiry of the period prescribed for appeal, direct the stay of execution of such order for such period as he thinks fit provided that no appeal has been filed.

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�RIGHTS OF LAND OWNERS �

• 88. (1) At the commencement. of this Act, person holds any land from the Govt for agricultural except river bed etc, became the owner thereof with right to transfer the allotted land to APST and inheritable as US 89(1)a .
• (1A) Every person, who holds valid land possession document issued by the competent authority, outside notified forest shall be entitled to be conferred ownership rights
• 90. (1) A land owner may lease out his land for the permissible land use not exceeding 30 years and restricted(Army) owner may terminate the tenancy for personal cultivation .
• 91. Land left uncultivated for 2 years may be lease out by DC .
• 92. Landowner may relinquish his rights in respect of any land in his possession .

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�RIGHTS OF TENANTS(interest of a tenant )�

• 93. The interest of a tenant in any land held by him as such shall be in accordance with such terms and conditions as agreed . Creating charge , improvements ,compensation ,rent, eviction and termination as prescribed in Rules .

GENERAL AND MISCELLANEOUS

94. Recovery of amount of Govt (public demand) due as an arrear of land revenue.

95. Jurisdiction of civil Courts excluded in certain cases .

96. Revenue officers (SK,LM,CM) to be public servants .

97. Provisions of penalties of Rs. 1000 for contravention if there is no mention in law .

98. The State Government may, by notification in the official Gazette, delegate to any officer or authority subordinate to it.

99. (a) The State Government may, by notification in the official Gazette, make rules.

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