Welcome to the presentation �on �Arunachal Pradesh (Land Settlement and Records) Rules, 2012

GENERAL POWERS OF REVENUE OFFICERS

3.General Powers of Revenue Commissioner/ Secretary(shall have the power of general superintendence and control over all other officer’s subordinate to him and shall also have the power to allocate works among them.)

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4.General Powers of Survey and Settlement

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5.General Powers of other Revenue Officers(revenue officer may exercise any power as provided in the Act)

GOVERNMENT LANDS

6.Preservationanddisposal of trees, Jungles Etc

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7-10 .Survey and Demarcation of Pasturage to issue notice by DC to set apart under Section-11 for pasturage for cattle , hearing & disposal of objection and then declaration on Govt approval to put use US11 with condition .

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12.Cancellation or Modification of Declaration under Rule 10 with same procedure:

13.Setting Apart of Land for Community Purpose not exceeding 5% following same procedure

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14.Setting Apart of Land for Forest Reserve as per relevant Forest Act

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15.Management of Land by Gram Panchayat:

(a) Where the government has entrusted the management of any land belonging to the Government to the Sector Management/Gram Panchayat, an appeal against the order of allotment of land passed by the Panchayat shall lie to the Revenue Officer

(��REMISSION, SUSPENSION ETC. OF LAND REVENUE ON AGRICULTURAL LAND)�

• 16.Exemption from Land Revenue for (a) public body (b) waste or unproductive land (c) opinion of the Govt for public interest.

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• 17.Assessment of Alluvial Land

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• 18.Decrease in Assessment on account of land lost by diluvian.

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• 19. Assessment to take effect from the 1 st day of the year

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• 20.Diversion of Land to Agricultural Purpose revenue at agril land .

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• 21.Diversion of Village Land to other purposes except agricultural then revenue of that class or if no approve rate then 3% above.

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• 23.Remission or Suspension of Village Land Revenue may be granted: (a)In the event of failure of crops or (b)in cases crops could not be grown .

• 24. Relief shall start with suspension of revenue and Remission if justify later.
• 25.Relif in widespread Calamities be calculated at 'A' scale or 'B' scale
• 26.Relief in Local Calamities shall be granted to individuals
• 27.Relief in Case of Orders by Court Etc for Remission of land revenue
• 28.Announcement of Relief by Govt for remission or suspension
• 29. If Govt order can not be received DC may pass orders staying the realization of land revenue
• 30.Collection of Suspended Village Land Revenue
• 31.Remission of Suspended Village Land Revenue
• 32.Payment of Village Land Revenue in Instalments
• 33. Form-2 of Receipt(CFR) of Village Land Revenue

SURVEYAND SETTLEMENT OF LAND REVENUE

• 34. (a) For determining the profits of agriculture and the value of land in Form-4A for agricultural and non agricultural purpose, Govt direct, DC US 28
• 35.Publication of Table of Profits of Agriculture and Value of Village Lands in Form-4B , DC issue public notice in Form 4-C .

After disposal of objection by DC , Govt shall finally published the table by causing a notice in Form 4-D.

36.Notification and Proclamation or Revenue Survey if govt decides US-23

37.Revenue Survey and Preparation of Record of Rights

38.Assessment Unit (group)

39.Maximum Revenue Rate (a) 1/8^th of yield for Agril or 3% of market value

• 40.The table of revenue rates per square meter against different classes of agricultural and non-agricultural land in the unit and shall be in Form-5

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• 42. The SSO shall publish the table of revenue rates US 29(1) by causing a public notice in Form-6 giving 30 days

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• 43. After Disposal of Objections and govt may direct alternation or revision of revenue rates US-33(3)(a)
• 45. The revised revenue rates of different classes of land shall bear the same ratio to the old revenue rate with respective profit/value
• 46.Principles of Apportionment of Costs
• 47.LiabilityofIndividuals For Costs
• 48.Approtionment of Liability for Costs and Notice thereof

• 49.Settlement Register :(1) A separate settlement register shall be prepared for each sector/village.
• (2) It shall contain the following particulars;
• (i) Mark list (list of tri-junction and boundary and survey marks);
• (ii) Index of plot number or Field Index ;
• (iii) Assessment of each holding ;
• (iv) Rent roll (list of revenue rates for different sector and soil classes in the village);
• (v) Statement showing the areas under different occupation in sector and crops in the village;
• (vi) Register of lands held by Government and other local bodies;
• (vii) Statement showing the classification of cultivated lands and cultivable waste ;
• (viii) Revenue free lands;
• (ix) List of lands in which the public have common right of casement;
• (x) Agricultural stock statement;
• (xi) Irrigation list;a
• (xii) Cadastral sector map and village map ;

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• (xiii) A village map and its Index Register will contain the following ;
• (a)Situation and physical features;
• (b)Soil Classes;
• (c)Circle, Sub-division, district, police station, post & telegraph office to which attached.
• (d)Human and cattle population ;
• (e)Customary rights of the villages;
• (f)Main crops; (g)Method of cultivation ;
• (h) Drinking water tanks, wells and other sources of drinking water;
• (i) Schools and colleges;
• (j) Community festivals and religion ;
• (k)Hospitals and dispensaries;

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• (I)Pasture lands;
• (m)Burial and cremation ground ;
• (n)Natural products and mines, if any ;
• (o)Village Officer (Kanungo/Mondal);
• (p)Trade, Communication and marketing facilities;
• (q)Crafts and Industries;
• (r)Temples, churches and other notable objects;
• (s)Rural indebtedness, economic conditions, use of excisable goods;
• (t)Rainfall;
• (u)Such other information as may be considered necessary and useful.

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LAND RECORDS

• 50.Record of Rights: (1) The record of rights shall consist of a statement of right in Form-7.

They shall be prepared In Form-8, a Field Index arranged according to the serial number of plots in a sector and in the village.

52.Notification and Proclamation: Before the preparation or revision of record of rights is taken up, there shall be the notification and proclamation as stated in Rule 36.

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• 53.Stages of Revenue Survey and Preparation of Record of Rights after notification has been published and the proclamation made
• (a) (i) Demarcation of sector/town boundaries/villages;
• (ii) Traverse survey;
• (iii) Cadastral Survey;
• (iv) Preliminary record writing ;
• (v) Local explanation;
• (vi) Attestation, determination of rent or revenue of tenancies and holdings;
• (vii) Publication of draft record of rights;
• (viii) Disposal of objections US-39(1). and
• (ix) Preparation and final publication of the record of rights US-39(2).

• 54.Notificaton for Assistance: Before each of the first four stage a general notice shall be served in the village in Form-9, informing the holders of land for attendance to assist the revenue officer.
• 55.Village/Town Boundary Demarcation: The revenue survey of an area notified US-23 shall be based on sector or village boundary demarcation.
• 56.Traverse Survey: The traverse survey of an area referred to in Rule-55 shall ordinarily be carried out by Total Station/DGPS etc.
• 57.Cadastral Survey : (a) The cadastral survey shall be based on traverse survey.

(b) A map of all the fields/plots shall be prepared on a scale 1:4000 in village area and 1:2000 in urban areas.

Where a suitable large map is already in existence, the existing map may be brought up to date(correction survey).

58.Survey Number : A separate number survey/dag /plot number shall be allotted to every plot (starting from NW)

59.Preparation of preliminary Record of Rights

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• 60.Local Explanation: A general notice in Form-10 shall be published for attendance and a copy of each statement of rights (kutcha patta) . On completion of the local explanation of preliminary record of rights, the Revenue Officer shall furnish a certificate in Form-13.
• 61.Attestation(record) including Ascertainment of rent and Revenue: (a) The attestation shall be taken up at a convenient place by issuing proclamation in Form-14 giving 3o days time .
• 62.Publication of Draft Records of Rights : (a) After the completion of attestation , the Revenue Officer shall publish the draft of the record of rights US-39(1) issuing notice in Form-16 giving 30 days time .
• 63.Disposal of Objections filed in Form-17 by Revenue officer .
• 64.Framing of Final Record
• 65.Final Publication of the Record of Rights US 39(2) and CERTIFICATION TO FINAL PUBLICATION

• 66.Reconstruction of record of Rights on worn out or lost or otherwise unfit with approval of Director LMS.

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• 67.Availability of copy of record of right & maps and recovery of cost

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• 68. The records of rights and such other records as the Government may order shall be revised and corrected every year.
• 69.Intimation of correction to owner .
• 70.Preparation of filed index (Chitha)

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• 71.Rewriting of record of rights: The record of rights may be rewritten after every five years

• 72.Register of Mutation: Register of mutations shall be in Form-20
• 73. (1) All reports/application for mutation US 44 shall be in Form-21 the applicant i.e., the person reporting shall fill up columns 1to8 .
• 74.Mutations not to be in contravention of the act and 75.Intimation about mutation US 44(3)
• 76.Register of disputed cases: The register of disputed cases of mutation shall be in Form-22.
• 77.Acknowledgement of objection in Form-23 US 44(4)
• 78.Testing of Entries US 44(5)
• 79.Information to be supplied on requisition
• 80.Alteration of registers on decree of court
• 81.Inspection and grant of copies: The inspection and grant of certified copies of revenue records as per Schedule-ll.

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• 82.Determination of boundary disputes

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• 83.Description of boundary marks : (a) tri-junction (b) marks erected to show other sector/village boundaries

(c) marks erected to show the demarcation of plot boundaries

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• 84.Erection boundary marks on requisition

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• 85.Maintenance of boundary marks

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• 86.Register of boundary marks(sildhip)

REALIZATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS

• 87.Land Revenue when and how payable:
• (1) Land revenue shall be payable to the DC in his office.
• (2) It shall be due in two equal instalments one on the 15th of February and the other on the 15th June.
• 88. (1) A notice of demand US 60 shall be issued in Form-24 to defaulter.
• 89.Distraint and sales of movable property
• 90.Distraint of movable property other than the produce of the land
• 91.Distraint of produce of land
• 92.Custody of distrained property

• 93.Leaving livestock in the charge of pound keeper
• 94.Attachment of immovable property
• 95.Managementof attached property
• 96.Claims of third persons
• 97. If the defaulter files any objection against the attachment of or proceeding against the property it shall be disposed
• 98. (1) When the sale of any immovable property is to be held, the proclamation for sale shall be issued in Form-28
• 99.Inspection and copy of sale proclamation
• 100.Date of sale is at least 30 days from proclamation
• 101. In absence or insufficiency of bid RO may purchase the same on behalf of the Govt to for one rupee .
• 102.Adjournment of sale
• 103.Auction sale when to stop

• 104. The purchaser may within thirty days from the date of the sale of the immovable property apply to DC to set aside the sale ground that the defaulter had no interest in the property .
• 105. (1) An application for setting aside a sale US-71 shall be made to DC giving the grounds on which such sale is sought to be set aside
• 106(1) When a sale is confirmed, a certificate shall be given to the purchaser in Form-30 and title to the property shall vest in the purchaser .
• 107(1) Where the purchaser is resisted or obstructed by any person in obtaining the possession of the property he may make an application DC

• 108.Intimation to Commanding Officer of Cantonment if building sold is situated within the limits of cantonment

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• 109.Cost of proclamation and other costs .

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• 110.Recovery of other amounts recoverable as arrears of land revenue.
• 111.Fees to be charged for execution of processes .

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• 112. Provisions of CPC, 1908, relating to the attachment and sale of property, shall as far as may be, apply to the proceedings under this chapter.

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PROCEDURE TO BE FOLLOWED BY REVENUE OFFICERS

• 113. Summons be issued by RO shall- (i) in case of a party, be in Form-31 or 32 as the case may be, and (ii) in the case of a witness, be in Form-33
• 114. An order is to be passed under the Act directing any person to deliver possession of land or directing the eviction of any person from land .
• 115.Obstruction to delivery of possession
• 116.Use of force against person putting restraint
• 117.Dismissal of application for possession
• 118.Transfer by judgment debtor if he transferred the property
• 119.Application by person wrongly dispossessed
• 120.Order for redelivery of possession
• 121.A person other than a judgment debtor may Institute a Suit
• 122.Procedure of proceeding before Revenue Officers as per Schedule III

ALLOTMENT OF LAND

• 123.Eligibility for allotment of land : The following shall be eligible for allotment of land under Section-12
• (1/2) A citizen of India and is an indigenous APST in urban and rural and who has attained 18 years
• (3) No Government employee is eligible for allotment of commercial
• (4) APST Ex-service man/ Handicapped/other meritorious recognized by the state
• (5) No firm or company or industrial unit which is not authorized by the Govt
• (6) Govt may allot land or acquire private lands for other Govt, Semi Govt , Central or State Govt and Public Sector Undertakings

• 124.Area of land to be allotted (1/3) maximum 500 sq. mtr for commercial and maximum 1000 sq. mtr for residential purpose
• (2) For agricultural/ horticultural purposes; (a)if individual, not exceed one basic holding ; and (b)if co-operative society, not exceed one basic holding for every members; (including existing land)
• (4)In the case of allotment of land for Educational Institution/Nursing Home/Hospital/Clinic/ Industry etc as decided by the committee headed by DC .

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• 125.Allotment of land to Central and State Government Department and Public Sector Undertakings on payment of land value/premium/lease rent and compensation

• 126.Order of preference for allotment of land for agricultural purposes as evicted tenant , landless agricultural worker and individual not holding land in excess of one basic holding .
• 127.Order of preference for allotment of land for construction of dwelling house
• 128.Preference to Co-operative Societies
• 129. Allotment by lots if by more then one person for same land
• 130. An allottee of land for agricultural purposes shall pay premium there for at thirty times the annual land revenue assessed for the land etc .
• 131.Premium not payable in certain cases
• 132.Allotment of land within certain district of roads and town lands
• 133.Conditions for allotment of land
• 134. A person applying for allotment of Government land under Section 12
• 135.Eemption from payment of premium
• 136.Allotment of land for unusual size or awkward shape
• 137.Allotment of land for the purpose of industry or any purpose of public Utility

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CHANGE OF PURPOSE OF LAND ALLOTMENT

• 138.Change of purpose that may be permitted : (a)
• (i)Residential to commercial; or
• (ii)Commercial to residential; or
• (iii)Residential to industrial (only for non-polluting household/cottage industry); or
• (iv)Industrial to residential; or
• (v)Industrial to commercial; or
• (vi)Commercial to industrial; or
• (vii)Residential to institutional; or
• (viii)Institutional to residential; or
• (ix)Commercial to institutional; or
• (x)Industrial to institutional; or
• (xi)Any existing purpose to public purpose ; or

• (xii)Mixed purpose
• (b) For mixed purpose, only one of the following combinations may be allowed in an allotted/ leased land:
• Residential purpose and shops except those mentioned in Rule 141 (Residential cum -Commercial) or
• Residential purpose and professional offices/banks(Residential-cum-Commercial) or
• Residential purpose and commercially run hostel/guest house (Residential-cum-Commercial) or

iv) Residential purpose and non-polluting househoWcotlage industry (Residential-cum-Commercial) or

(v) Residential purpose and institutional purpose.

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• 140.Change or combination of purpose not to be permitted
• (a) Industrial to other in respect of land falling within notified industrial area
• (b) Institutional purpose to other purpose
• (c) Institutional purpose to industrial and commercial
• (d) Public purpose to other purpose
• (e) Agril or allied to any other purpose
• 141.The following combinations of purpose/activities are not allowed in order to ensure public Health, Safety, Security and Convenience and Environmental Quality
• (a)Residential purpose and the following commercial establishments: Shops selling or dealing in hazardous materials, chemicals, fertilizers, timber, firewood, Coal, hardware items, building and construction materials (including cement, marble and sand), automobile workshops, cycle rickshaw repairs, tyre resoling and re-treading , battery charging, LPG outlets, flourmills, fabrication and welding units, dhabas, hotels, restaurants, bars, pubs, cafes and eateries and similar establishments, storage go-downs and warehouses and junk shops.
• (b)Residential purpose and industrial purpose (excluding non-polluting household/cottage industry).
• (c)Commercial purpose and institutional purpose. (d)Institutional purpose and industrial purpose. (e)Industrial purpose and commercial purpose.

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• RIGHTS OF LAND OWNERS
• 142. (1) Every objection US-88(3) shall be filed within 90 days from the date of accrual of rights US-88(1) and shall be in Form-35.
• 143.DC may grant a certificate in respect of each holding to a landowner certifying the nature of his title, the revenue payable and the area
• 144.Terms and conditions of settlement for purpose other than agriculture
• 145.Notice to Issue where Land is left Uncultivated
• 146. Notice may be served on the holder by delivering or tendering to him a copy
• 147. The UR-145(1) shall subject to Rule-145(3) be complies within 3 months
• 148. Where the holder of any such land has failed to comply with the notice, DC may grant a lease
• 149. A lease of land by a land owner shall be registered by DC on an application made in this behalf.
• 150. (1) The notice for relinquishment of a holding US-92(1) shall be made in Form-38 and shall be endorsed by two witnesses.

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• RIGHTS OF TENANTS

151. (1) The interest of a tenant shall be heritable, but shall not be transferable.

(2) No tenant shall be evicted from his land except as provided in these rules.

152. It shall be lawful for a tenant to create a simple mortgage or create a charge on his land leased to him in favour of the Govt or a co-operative society

153. A tenant may with the permission in writing of the land owner make improvement

154.Application for permission to CA when land owner refuses to consent

155.When permission may be granted or refused

156. The rent payable by a tenant shall not exceed one fourth of the produce or four times the land revenue

157.Estimating the value of produce for purpose of rent:

158.Rent payable by a tenant as stated above

• 159. (1) The competent authority may, on application made to it in this behalf by the land owner or the tenant, determine the reasonable rent for any land.
• 160. (1) In any case if rent is payable in kind, land owner or the tenant may apply in writing to the competent authority for commuting the rent into money rent.
• 161. An application for determination of reasonable rent or commutation of rent may be filled by or against any number of tenants jointly
• 162. (1) CA may hear the cases of the tenants jointly or separately as may appear convenient to it and pass order
• 163. The land owner shall give a separate receipt for rent .
• 164.Presumption regarding incomplete receipt
• 165.Refund of rent recovered in excess
• 166.Suspension or remission of rent by Govt
• 167.Power to deposit rent in certain cases by tenant
• 168.Application for deposit to RO
• 169.Receipt of deposit by RO.

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• 170. CO/RO shall cause a notice of such deposit to be served on every person who appears to him to be entitled to deposit
• 171. CO/RO may pay the amount of such deposit to any person stated in the application to be entitled
• 172. (1) No tenant be evicted except under the order of CA
• 173. If tenant is to be evicted, he is entitled to receive compensation for improvement,
• 174.Benefit of improvement to tenant in certain cases
• 175.Removal of buildings, works etc. not deemed improvement
• 176.Relief against termination of tenancy for act of waste
• 177. (1) No surrender or abandonment by a tenant shall be valid unless such surrender or abandonment has been previously approved by DC .
• 178. (1) An application of a tenant for permission to surrender the land under Rule 178 shall be in Form-42 to DC and owner
• 179.First option to purchase by tenant if owner sale it
• 180.Procedure for sale to the tenant

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