The Arunachal Pradesh Gazette

2 · . DEFINITION: In these rules , unless there is anything repugnant to the subject or context:-

3 · . GENERAL POWERS OF REVENUE (:;OMMSSIONER: The Revenue Commissioner shall have the power of general superintendence and control over all other officers subordinate to him and shall also have the power lo a llocate works among them .

4 · . GENERAL POWERS OF SURVEY OF SETTLEMENT: The Survey and Settlement Officers shall subject to the exercise of the powers by the Director of Settlement and Land Management have general superintendence an d control over other officers doing the survey and settlement works and shall also provide for the distribution of work among them . He may transfer any case or work from one officer to another having competence to dispose of that case or work .

5 · . GENERAL POWERS OF OTHER REVENUE OFFICERS : Same as otherwise provided by the Act , any revenue officer may exercise any power or discharge any function , wh which may be exercised or discharged , as the case may be , by any officer subordinate to him .

16 · . EXEMPTION FROM LAND REVENUE: The Government may subject to such conditions as it may specify in the order to ensure proper utilization of the concession , exempt any land from the liability to the payment of land revenue in any of the following cases:

17 · . ASSESSMENT OF ALLUVIAL LAND : The assessment to the alluvial land added to a holding shall be made by the Sub-Divisional Officer/ ADC at the rate sanctioned for similar soil in the same village or neighboring v illages .

18 · . DECREASE IN ASSESSMENT : In determining the decrease of assessment on account of land lost by diluvion , the Sub -Divisional Officer/ ADC shall take into consideration the rates sanctioned for similar soil in the same village or neighbouring village .

19 · . DATE FROM WHICH CHANGE IN ASSESSMENT TO TAKE EFFECT: The change in assessment made under rule -17 or rule -18 shall take effect from the I " day of the year following the change in the area or such earlier date as may be specified by the Sub- Divisional Officer .

20 · . DIVERSION OF LAND TO AGRICULTURAL PURPOSE:

22 · . CALCULATION OF FRACTION: In fixing the actual assessment of' f' a plotofland, the area thereof measuring less than 0 . 01 acre shall be taken to be 0 . 01 acre .

23 · . REMISSION OR SUSPENSION OF LAND REVENUE: Remission or suspension ofland revenue may be granted:-

24 · . REMISSION WHEN TO BE ALLOWED: Ordinarily relief shall take the form of suspension of revenue . Remission may be granted if later conditions justify such course .

25 · . RELIEF IN WIDESPREAD CALAMITIES:

32 · . PAYMENT OF LAND REVENUE IN INSTALMENTS: In addition to or in lieu of the forms of relief hereinbefore mentioned the government may , if the circumstances justify , direct that the arrears of land revenue due for any past year or years in respect of any area or areas shall be payable in such installments and at such times as may be specified in the direction . On the receipt of such direction the Deputy Commissioner shall cause the nature of relief to be announced to all concerned before the installment of revenue to which it relates falls due .

33 · . FORM OFRECIPTOF LAND REVENUE: For every amount ofland revenue collected by a revenue officer , a receipt in Form-2 shall be given to the person from whom the amount is received .

34 · . PROFITS OF AGRICULATUREAND VALUE OF LAND:

35 · . PUBLICATION OF TABLE OF PROFITS OF AGRICULTURE AND VALUE OF LANDS :

37 · . REVENUE SURVEY AND PREPARATION OF RECORD OF RIGHTS: After the reclamation has been ma de proceedings for revenue survey and preparation of record of rights shall be taken in accordance with the provisions of chapter-(YI) of the Rules with the following modifications , namely:

48 · . APPORTIONMENT OF LIABILITY FOR COSTS AND NOTICE THEREOF: When the Government has approved the principles of apportionment of the cost , the Survey and Settlement Officer shall apportion costs accordingly and shall cause each person to be served with a notice in such manner as the Government may from time to time direct of the amount payable by him and the period within which it should be deposited ,

49 · . SETTLEMENT REGISTER:

50 · . RECORD OF RIGHTS:

52 · . NOTIFICATION AND PROCLAMATION: Before the preparation or revision ofrecord ofrights is taken up , there shall be the notification and proclamation as stated in rule 36 .

61 · ATTESTATION INCLUDINGASCERTAINMENTOFRENTAND REVENUE:

62 · . PUBLICATION OF DRAFT RECORDS OF RIGHTS:

63 · . DISPOSAL OF OBJEC.TIONS :

64 · . FRAMING OF FINAL RECORD : When all objections under rule 63 have been finally disposed of and the draft of record corrected , w herever necessary , the survey and settlement officer shall frame the final record in conformity with the draft record thus corrected .

70 · .

72 · . REGISTER OF MUTATIONS: The registerofmutations shall be in Form-20 there being a separate register for each village .

73 · . REPORTS FOR MUTATION:

74 · . MUTATIONS NOTTO BEINCONTRAVENTION OFTHEACT:

75 · . INTIMATION ABOUT MUTATION: Any intimation under Sub-Section (3) of Section 44 shall be given by sending a copy of the report alongwith a copy of the entry made under the said sub-section .

76 · . REGISTER OF DISPUTED CASES : The register of disputed cases of mutation shall be in Form 22 .

77 · . ACKNOWLEDGEMENT OF OBJECTION: The acknowledgement to be given of the objection made under Sub -Section (4) of Section 44 shall be given in Form-23 .

78 · . TESTING OF ENTRIES:

87 · . LAND REVENUE WHEN AND HOW PAYABLE:

88 · . NOTICE OF DEMAND:

89 · . DISTRAINT AND SALES OF MOVABLE PROPERTY:

90 · . DISTRAINT OF THE MOVABLE PROPERTY OTHER THAN THE PRODUCE OF THE LAND:

91 · DISTRAINTOFPRODUCEOFLAND:

99 · . INSPECTION AND COPY OF SALE PROCLAMATION:

100 · . DATE OF SALE: No sale shall , w ithout the consent in writing of the defaulter take place-

103 · . AUCTION SALE WHEN TO STOP: Auction sale shall be stopped if before the hammer is struck Jl19 !l'llllunl

104 · . OBJECTION BY PURCHASER: The purchaser may at any time within thirty days from the datR P,flll9 ~ ~ ale of the immovable property apply to the Deputy Commissioner to set aside the sale on the grolJll~ I~ the

105 · . APPLICATION FOR SETTING ASIDE THE SALE:

107 · . DELIVERY OF POSSESSION :

108 · . INTIMATION TO COMMANDING OFFICER OF CANTONMENT: ..

109 · . COST OF PROCLAMATION AND OTHER COSTS:

115 · . OBSTRUCTION TO DELIVERY OF POSSESSION:

116 · . USE OF FORCE AGAINST PERSON PUTTING RESTRAINT: Where the revenue officer is satisfied that the resistance or obstruction was occasioned without any just cause by the person against whom the order has been issued or some other personal his instigation , it shall direct that the applicant be put into possession of the property by use of such force as may be necessary. y.

117 · . D ISM ISSA LO F APP LI CATiqN Ii0 R POSSESSION : Where the revenue officer is satisfied that the resistance or obstruction was occasioned by any person (other than the person against whom the order has been issued) claiming in good faith to be in possession of the property on his own account or on account of some person other than the judgment debtor , the revenue officer shall make an order dismissing the application .

118 · . TRANSFER BY JUDGMENT DEBTOR: Nothing in the last proceeding rule shall apply to resistance or obstruction in execution of an order for delivery of possession of land or directing eviction , by a person to wh whom the judgment debtor , has transferred the property during the pendency of the proceeding .

119 · . APPLICATION BY PERSON WRONGLY DISPOSSESSED:

120 · . ORDER FOR REDELIVERY OF POSSESSION : Where the revenue officer is satisfied that the applicant was in possession of the property on his own account or on account of some person other than person against wh whom the order for delivery of possession has been passed , the revenue officer shall direct that the applicant but put into possession of the property . ·

122 · . PROCEDURE OF REVENUE OFFICERS:

123 · . INTERPRETATION: In this chapter , unless the context otherwise requires-

132 · . ALLOTMENT OF LAND WITHIN CERTAIN DISTANCE OF ROADS AND TOWN LANDS:

133 · . CONDITIONS OF ALLOTMENT: An allotment ofland under Sub -Section (I) of Section 12 shall be subject to the following conditions namely :

134 · . EXEMPTION FROM PAYMENT OF PREMIUM: Notwithstandinganythingcontainedinrules 124to 133 , the Deputy Commissioner may . by an order in writing , suspend or remit payment of any premium or any part thereof if in his opinion the allottee has not sufticient means to make such payment ;

135 · . ALLOTMENT OF LAND OF UNUSUAL SIZE OR AWKWARD SHAPE : Notwithstanding any thing contained in rules 124 to 133 , if the Deputy Commissioner is of the opinion that any land , belonging to government because of its unusual size , or awkward shape or situation , cannot suitably be allotted according to the foregoing rules , he may allot it to such person and in such manner , as may appear to him most suitable in the circumstances of the case ;

136 · . ALLOTMENT OF !AND FOR THE PURPOSE OF INDUSTRY OR ANY PURPOSE OF PUBLIC UTILITY: The allotment of land under Sub -Section (2) of Section 12 shall be subject to the following conditions , namely;

142 · . COMPLIANCE OF NOTICE: The notice under Sub -rule (I) of Rule 140 shall subject to the provisions ofSubRule (3) of the said rules be complies with within a period of three months from the date of the service of such notice or such extended period as the Deputy Commissioner may on sutlicient cause being shown from time to time allow. w.

143 · . LEASE BY DEPUTY COMMISSIONER: Where the holder of any such land has failed to comply with the notice , the Deputy Commissioner may subject to the provisions of the Act grant a lease of the land to such person as he may deem fit on such terms as may appear reasonable .

144 · . REGISTRATION OF LEASE : A leaseofland by a landowner shall be registered by the Deputy Commissioner on an application made in this behalf

145 · . NOTICE OF RELINQUISHMENT:

146 · . INTEREST OF TENANTS:

147 · . RIGHT TO CREATE A MORTAGAGE OR CHARGE: It shall be lawful for a tenant to create a simple mortgage or create a charge on his interest in the land leased to him in favour of the Govt. or a cooperative society in consideration of any loan advanced to him by the Govt . or such society and in the event of such loan in accordance with its terms , it shall be lawful for the Govt. or the society as the case may be to cause him interest in the land to be attained and sold and the proceeds applied in payment of such loan .

148 · . RIGHT TO MAKE IMPROVEMENT: A tenant may with the permission in writing of the land owner , or if permission is refused without sufficient reason or not given within two months , after obtaining the order of the competent authority in the prescribed manner , mak ake at his own expense any improvement to the land held by him , but shall not become liable to pay a higher rate of rent on account of any increase of production or of any change in the nature of the crop raised , as a consequence of such improvement.

149 · . APPLICATION FOR PERMISSION WHEN LAND OWNER REFUSES TO CONSENT: lfa land owner fails or refuses to grant consent to the tenant under Rule 148 the tenant may apply to the competent authority for permission to make such improvement .

155 · . COMMUTATION OF RENT PAYABLE IN KIND:

156 · . JO IND ER OF PARTIES: An application for determination ofreasonable rent or commutation ofrent may be filled by or against any number of tenants jointly; provided that all such tenants are tenants of the same land owner and all the holdings in respect of which the application is made are situated in the same village .

157 · . PASSING OF AN ORDER:

158 · . RECEIPT FOR PAYMENT OF RENT : The land owner shall give a separate receipt for rent paid either in cash or in kind and shall prepare and retain a counterfoil of each receipt given by him such receipt and counterfoil shall be in Form-41.

159 · . PRESUMPTION REGARDING INCOMPLETE RECEIPT: lfa receipt does not contain substantially the particulars required by the above rule , it shall be presumed , until the contrary is shown or is contained in the receipt , to be an acquaintance in full of all demands for rent up to the date on which the receipt was given .

160 · . REFUND OF RENT RECOVERED IN EXCESS: If any land owner recovers from a tenant rent in excess of the amount due under these rules , he shall forthwith refund the excess amount so recovered .

170 · . REMOVAL OF BUILDINGS , WORKS ETC. NOT DEEMED IMPROVEMENT: A tenant againstwhfj~~

171 · EVKTION OF TENANT:

174 · . APPLICATION FOR SURRENDER OF LAND BY A TENANT:

1t · ment and Records) rules , 2002 read with S . 23 of the Arunachal Pradesh Land Settlement and Records Act , ~ p

7Q · f the Arunachal Pradesh ( Land Settlement and Records ) Rules , 2002 . ·

9 · :

2 · ~ 0

0 · 0

2 · . Statement of Rights No .

4 · . Amount realized

2 · . Name , father ' s name and address of person against whose statement of Rights objection is made . . .

4 · . Plot Nos under objection

5 · . Nature of objection , e . g . status , rent , revenue , possession etc . . . . .

6 · . Matters objected to with details of objection and relief sought .

3 · 0

2 · . Circle

3 · . Serial No .

5 · . Date of report

6 · . Name ofapplicant

7 · . (a) Names of recorded persons with their father ' s names and addresses in w hose place mutation is sought

8 · . Manner of acquisition with consideration paid , if any , and date

9 · . Date of sending the report to the Revenue Officer

12 · . Abstract order

14 · . Signature with date of the officer verifying the correction

2 · 'E ,

2 · 'E

4 · 5 4 5 6 3

2 · . Particulars of the respondent/ land owner/tenant

3 · . Particulars ofland

4 · . If the application is for abatement or enhancement

5 · . The amount of rent claimed or asserted

6 · . Ground for making application

1 · REVENUE RECORDS TO BE OPEN TO PUBLIC INSPECTION :

2 · . INSPECTION OF RECORDS OF PENDING CASES AND OF CASES NOT DEPOSITED IN THE RECORD ROOM :

3 · . INSPECTION OF RECORDS DEPOSITED IN ~ RECORD ROOM: The inspection of record deposited in the record room shall be allowed with the permission of the DC or such officer as he may appoint in this behalf, on payment of the prescribed inspection fee

4 · . INSPECTION BY 90VERNMENT OFFICERS: The inspection of any record by Government officer, r, or other persons duly authorized in this behalf for Go~emment purposes shall be allowed free of charge .

7 · . , PLACE AND . TIME OF INSPECTION : The inspection shall be made within such office hours , in such place and iIJ the presence of such official as the presiding offlcer, r, or in the case of records deposited in the record room , the officer -in-charge of the record room , may direct.

10 · . FAILURE TO INSPECT=-· If the applicant fails to make ins~ion within one week from the date on which inspection was ordered, the order shall lapse and no further inspection shall be allowed without obtaining a fresh order .

12 · . COPIES OF RECORD OF RIGHTS: Certified copies of record of rights and maps may be granted to parties under S . 4 7 or 48 by the r~venue officer ~aving custody of the maps and records i . ~ question .

11 ·