Arunachal Pradesh (Land Settlement and Records) Acts, 2000 (Act No. 10 of 2000)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Arunachal Pradesh (Land Settlement and Records) Acts, 2000 Act 10 of 2000 Keyword(s): Agriculture, Common Land, Community, Government Land, Improvement, Jhum Land, Land Owner, Personal Cultivation, Public Purpose, Revenue 202 THE ARUNACHAL PRADESH (LAND SETTLEMENT AND RECORDS) ACT·2000 Short title extent and l'I.m!SLBl0t Definitions. (Act No. 10 of 2000) AN ACT to provide a comprehensive law for land revenue administration fot the whole of the State of Arunachaf Pradesh incorporating customary rights on the land and certain measures of land reforms. BE lt enacted by the Leglslalive Assembly of Arunacha:I Pradesh in the Fifty-first Year of the Republic of India as follows : CHAPTER I PRELIMINARY 1. (1) This Act may be called the Arunachal Pradesh (Land Settlement and Records) Act, 2000. (2) It extends to the whole ot lhe State of Arunachal Pradesh. · (3) It shall come into force on such date as the Government may, by nolifica1ion in the Offtelal Gazette appoinl, and dlfferenl dates maybe appointed for different areas and for different provisions of lhls Act 2. lnthlsAct,un?esstheoontext~,equlres: (a) uagricu!ture" includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding and grazing pisc!culture ; {b} "commencement of th:S Acr in relation to any plOVislon, means the date spec,fied in mspect of that provision i.e, a notification issued under sub-section (3) of section 1 : (c) Moommon 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, kinderec:I; 203 (e) ncompetent authority" in rela!ion to any provision, means any officer appointed by 1he 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) HGovemment• means the State Government of Arunachal Pradesh ; {h) "Government land" means land acqulred by the Govemment under Land Acquisition Acl or through donation of the public for establtshment of Administrative Headquarter, Government Institutions and facilities under various wings of the Government or such lar.d as defined under SecliOn-9. {i) Hirnprovement" in relation to any land, means any work which materially adds to the value of the land and which is suil.able to the land and consistent wflh the character thereof, and includes: {i) the construction of tanks, wells, water channels and other works for the storage, supply and distrlbution of water for agricultural purposes or for !he use ot man and cattle employed in aglicullure; (ii) 1he construc!ion of works for the drainage of land or for !he protection of land from floods or from erosion or from other damage by water; {!it} the preparation of land for irrigation ; {iv} the converslon ol one crop land into two~ crop land; M the reclafmlng, clearing, enciosing, levelllng ot terracing of land used for agricultural purpose: (vi) the erection on land or in the immediate vicinity thereat otherwise than on the vilrage site, of a building or house for the occupa1ion of the tenant, his family and servants or a catlfe shed, a store~house or otheroonstruclion for agricultural purposes 204 or of any building required far the convenient or profitable use or occupation of the land ; and' (vii) the renewal or reconstruction ol any of the foregoing works or such alteration therein or addlt!ons therein or addition thereto as are not of the nature of ordinary repairs ; (j) "jhum land" means jhum land as defined in clause (h) of section 2 of lhe Balipara, lirap, Sadiya Frontier Tracts Jhum !and Regu!a1ion, 1947 (Regulation 3, 4 & 5 of 1947). (k} "holding" means a parcel of land separately assessed to land revenue ; {I) ft!and 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) gpay'' "payableR and "payment", used with reference to rent, Include "deliver~, "deliverable" and "deUvery~ : (n) "person under di.sabllity~ means (i) a widow: (ii) a minor; (iii) . a woman who is unmarried or who, lf matl:ed, is divorced or jucf1Clally separated from her husband or whose husband is a person falling under ciause (IV} or {v) fiv) a member of the Armed Forces of the Union; (v) a person Incapable of cultivation by reason of physical or mental disability ; 205 {o) ~personal cu!tivallon° with its grammatical variations and cognate expressions means culliva11on 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 su~rvisicn or the personal Sl1pervlsion of any member of his family ; (p) "public purpose" includes a purpose connected with settlement of land with cullivators, tenants ejected as a result of resumpliOn, 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 ln lleu of !and revenue. (r} "rent" means whatever is lawfully payable by a tenant to the Land lord Jn cash or in kind or partly in cash and partly in kind, whether as a fixed quantity of produce or as' a share ot produce, on account of 1he use or occupation of land or on account of any right in land but shall not include land revenue; (s) "residene means an indigenous person ordinarily residing in a village or area; (t} "lenant" means a person who cultivates or holds the land of another person under an agreement, expressed or implied, on condiUon of paying therefore rent in cash or in kind or deUver!ng a share of the produce: (u) "v!Uage" means any tracl of land which before the commencement of this Act was recognised as or w2.s declared to be a v!lfage under aey law for the tirne being in force or which may afler such commencement be recogn!Sed as a village at any settlement or which the State Government may, by notifloatlon in the official Gazette, declare to be a village; (v) •vmage authorityH and "village councW means a village authority and council as constituted in accordance with or under any statutory law tor the time being Jn force or under any local custom respec!iveJy ; (w) •year" means the agritulturaJ year commencing on such date as the Government may, in the case of any $peclfled area, by notification in the Official Gazette, appoint. CHAPTER 11 REVENUE DIVISIONS, REVENUE OFFICERS AND OTHER APPOINTMENTS Power to create, alter or abolish Revenue distrtc!s, Sub· divisions etc. Appointment of Revenue Offlcers 3. (1) The State Government may, by notification in the Offleial Gazette, divide the territories to which thls Act extends into one or more Revenue districls, and may similarly dlvide any Revenue district into sut>. dlvisions and blocks and may alter the flmits of, or abolish any Revenue district, sub~d!vlsion 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 ). 4. The Govemmenl or such officer as may be authorised by the Government in this behalf, may appotnl the foltowing classes of Revenue Otficers, namely: (a) Revenue Commissioner (ex~officio); {b) Deputy Commissioner; (c) Additional Deputy Commissloner; (d) Director of Settlement and ~and Management ; 207 (e) Sub-divisional Officers/EAC ; (f) Circle Officer/BOO ; (g) Deputy Director or Assistant Dlrector, Officer Surveyor of Settlement and Land Management ; (h) Survey and Setllement OfliCi;!rs; (i) Assistant Survey and Settlement Officers; G} SupervisorKanungos/RecorderKanungos; (k} Mandals ; and Chainman (I) , Such other village officers as may be appointed by order made under this Act. 5. (1) Each districts shall be placed under the charge of a Deputy Commissioner who shall be in charge of the revenue admlnislralion o{ the district and exercise the powers and discharge the dulies of the Deputy Commissioner under this Act or any other law for the time being in force and shall exercise so far as is cons(stent therewith such other powers of superintendence and con1rol 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 th9 official Gazette. (3) Each Sub-division shall be ptaced 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 ttlis behalf. Deputy Coomssicner and certain other Revenue Officers. Settlement Officers. Combination of otflcers:, Title of lands etc. Govemmenfs righl to trees, forest etc. 208 6. The otticer3 specilied in terms (d), (f), {h}, and Q) of Section 4 shall have power to take cognizance of alt matters connected wilh the survey of land and the settlement of lhe revenue-rates and the preparation aod maintenance of land records and other registers and shall exercise an such powers and perform all such tuncUons and perform all such dutles as may be prescribed by or under this Act or by arry general or special order of the Government published in the official Gazette. 7. It shall be lawful for the Government to appoint one and the same person by virtue of office to any two or more assignr,1e.1:s provided for in this Chapter, and to confer on any officer of the Government all or any of the powers and duties or any or the revenue officers Including that of the Deputy Commissioner. 8. The Government shall, from tlme to time, by notification in the oflicia! Gazette, specify the revenue officers who shall use Seal and also the s·12e and description of Seal whic~ each such officer shall use. CHAPTER Ill RIGHTS OVER LAND 9. (1) AH lands, public roads, lanes and paths .and bridges, dllches, dikes, and fences on or beside the same, the beds of rfvers, streams, nallahs, rakes and tanks, and al! canals and water courses and alf standing and flowing water. and righls ir, or over the same or appertaining thereto, which are not the property ol an~, person or community are hereby declared lo be the property of !he Government (2) Unless ii 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 Govemmerr., anditshal! have all the powers necessaf)' for the proper enjoyment of such rights. 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 209 na1ural product, whereever growing, excepl in so far as the same may be the property of any person or community, vests ln 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 ot 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 11. Subject to rules made in this behalf under this Act. the Deputy' Commissioner, may set apart rand belonging to the Government for pasturage for the village came, for foresl reserves or for any other purpose. 12. (1) The Deputy Commissioner may allot land belonging to the Government tor agricultural purposes or for construction of dwelling houses, in accordance with such rules as may be made !n this behalf under this Ac1, (2) The Government shall have power; (a) to allot any such land for lhe purpose of an industry or for any purpose of public utility on such conditions as may be prescribed or (b) to entrust the management of any such land or any rights therein to lhe Gram panchayat of the village established under any law for time being In force. (3) The rules made under sub~sectlons (1} and (2) for allotment of land shall provide for givlng preference to the members of the co-operative farming societies formed by marginal farmers, landless agricultural labourers, in allotting land. Assignment of land for special purposes. Allotment of Government land for Agricultural and hosing purpose. Liability ol land ta land revenue. Alluvia! and. Land Revenue in case of diluvion. Assessment of land to land revenue. Diversion of and for other purposes, 210 13. (1) Afl lands, to whatever purpose applied, are liable to payment of land revenue to the Government. (2) The Govamment may exempt any land from the liablfity to such payment by means of special grant or contract or in' accordance with the rules made under this Act 14. All alluVlaf lands, newly formed Islands, or abandoned rlver beds, which vest under any Jaw 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 restriclions as are app!lcable to the original holding by virtue of which s!J{,h lands, lslands or river beds vests in the said holder, but no revenue shall be leviable in respect of any such rands, islands or river beds unless the area of the same exceeds 5 (five) acre. 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 portlon thereof, not being less than one acre in extent, is Jost by d!luvion. 16. (1) Thea assessment of land revenue on any land shaU be made or dc:emed to have been made with respect to the use of the land. (a} for purposes of agriculture, {b) for industrlal or commercial purposes. (c) as sites for dwelling houses, and, {d) for any o1her purposes, (2) where land assessed for use for any one putpose IS diverted to any other purpose, the land revenue payable upon such land shall, notwithstanding !hat the tenn for which 1he assessment may have been fixed has not expired, be liable to be altered and assessed at a difierent rate in accordance with the rules made undet this Act. 17. (1) !! any person holdlng land for any purpose wishes to tlivert such land or any part thereof to any other purpose except agriculture, he shall apply 211 for perrrdssion to the eompe1ent aulhOtlty which may, subject to the provisions, of this section and to the rules made under this Acl, refuse permission or grant it on such conditions as it may think 1ft, (2J Permission to divert, may be refused by the competent authority, only on the ground that the divetsion is likely to cause a public nuisance or that it Is not in the Interest of ttie general publlc or that the holder is unable or unwilling to comply wllh the conditions that rriay be imposed under sub-section (-3), (3) conditions may be imposed on diversion for the following object$ and no others namely in order to secure the public heallh, safety and conventence, and in the case or land which fs 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 surtable to the locality. (4) 1f any land has been diverted without permission by the holder or by any other person with orwilhout the consequent of the holder, the competent authority, on receiving information !hereof, may impose on the person responsible for the diversion, a penalty nol exceeding Five hundred rupees, and may proceed in accordance with the provisions of sub~section (1} as if an appllca1ion for permission to divert had been made. (5) If any land has been diverted in contravention of an order passed or of a cond!Uon Imposed under any of the foregoing sub-sections, 1he competent authority rr,ay serve a n..;tice on the person responsible for such contravention, directing him, within a reasonable perlod 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, 10 fill up any excavalion, or to take such other steps as may be required in order that the land may be used for its original purpose, or !hat the condition may be satisfied, and the competent authority may also impose on such person a penalty not exceeding Five hundred rupees to, such contravention and a further penalty not exceeding ten rupees for each day during which such contraveiltion continues. Remission or suspension of revenue on failure of crops. Responsibility for payment of land revenue. Receipt for land revenue. Definitions of ~Revenue survey" "settlement and term of "settlement". Inquiry into proms of ag!icuilure, 212 Explanation:- "Dlversiort 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. 18. The Government may, in accordancewilh lhe rules made in this beha!r under this Act, grant a remission or suspension of rand revenue in sueh year or years in which crops have lai[ed in any particular notified area, 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 o1her person shall be entitled to credit from the owner at the land for the amount paid by him. (2) Where there are two or more persons liable to pay revenue undersub•sectiOn {1), all of them shall be jointly and severally liable for its payment. 20. Eveiy revenue officer receiving payment of land revenue shall, at the time when such payment is received by him, give a written receipl for the same. CHAPTER IV SURVEY AND SETTLEMENT OF LAND REVENUE 21. The operations carried out in accordance with the provisions of !his chapter in order to determine or revise the land tevenue payable on lands in any local area are called a ··revenue survey", the results of the operations are called a "settlement" and the period during which such resu11s are to be in force is called the ulerm Of settlement", 22. {i) As soon as may be after the commencement of this Act, the Government shall take steps to insfilute and shall cause to be constantly 213 maintained, in accordance with the rules rriade under this Act, an inquiry Into the profits of agriculture and into the value of land used for agrtcultural and non~ agr1cuttural purposes. (2) For the purpose of determining the profils or agriculture, 1he following matters shalr 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 cult!Vator and his family ; {c) all other expenses usually incurred in the cu:tivation of the land which iS uflder lrquiiy ; and (d) inlerest on the cost of buildings and stock, on al! expenditure for seed and manure and on the cost of agrlcultural operations paid for in cash. 23. Whenever the Government thinks it expedient so to do, il may by notiricatlon in the official Gazette, direct the revenue survey of any !ocat area With a view to the settlement of the land revenue and to the preparation or a record of right connected !herewith or the revision or any exlsling settlement or record of rights. 24, A survey officer deputed to conduct or take part ln 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 assisl fn the measurement or classification of the lands to which 1he revenue survey extends and, when hired labour is employed for purposes incidental lo the revenue survey, may assess and apportion the cost !hereof on the lands surveyed, tot ool!ecnon as land revenue due on such lands. 25. Subject to the rules made in this behalf under this Acr, the survey officer may ; (a} divide the !and to which the revenue sun1ey extends IW'} villages a;td the villages into plots sun1ey numbers ; and 'Revenue survey. Power1o require assistance from land holders. Survey numbers and villages. Division of survey numbers into sub-divisions. Preparation of settlement and other records. Eterminalion of revenue rates. Publication of table of revenue rates. 214 (b) recognise the existing village and survey numbe:,::;,, reconstitute them or form new survey numbers. 26. The Survey Officer may sub-divide survey numbers into as many sub-divisions as may be requlred in the manner prescribed. 27. It shal( 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 lo he called the "settlement register", showing the area and assessment of each survey number, with any other particulars that may be presctibed, and other records in accordance wllh such orders as may, from time to time, be made in this behall by the Government. 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 revenutHates for different classes of lands in each such unlt in the manner prescribed and in particular, in the case of agric·uI1ural land, to the profits of agriculture, to the consideration paid for !eases, to the market prices of !and to the prlnclpal monies on mortages and in the case of non~grlcultura! land, to the value of the land for !he purpose for which it is held. 29. {1) The settlement officer shall prepare a lable of revenue-rates in the prescribed form and publish lt in the prescnOed manner for lhe prescribed period. (2) Any person objecting to any entry in the table of revenue may present petilion in writfng to the settlement offlcer within the prescribed period and the settlement officer :shall consider such objecltons after giving a hearing to the objeclor. 215 (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. 30. (,1) The Government may conlirm the table of revenue rates submitted to it by the settlement officer with such modiffcations, if any, as lt may consider necessary, (2) The table of revenue-rates confirmed under sub-seclion {1) shall be finally published in the official Gazette. 31. !he table of revenue-rates published under section 29 shalt be incorporated in and form part of the settlement register of the vlllage. 32. When 1he revenue-rates are determined under thfs chapter in respect or any area, such rates shall lake effecl ·from the beginning of the year next after the date of ilnal publication of the tabte of revenue rates under section 29. , 33. {1) When the table of revenue-rates for any , area has been flnally published, the rates specified 1therein shall remain in force for a period of thirty years. I (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 or revenu1:Mates was Introduced, in such manner and lo such extent as may be prescribed ; (b) When the circumstances of a rocal area are such that a fresh determination of the revenue-rates fs in the opinion of the Government inexpedlent. it may extend the term o1 settlement by sooh further pe!'lod as lt may think necessary. Confirmation of the table of revenue rates. Rates of revenue to fonn part of settlement register. Introduction of revenue rates. Duration of revenue rates. Assessment on holdings Additional assessment for water advantages. 216 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 falr assessment (2) The settlement officer shall have lhe power to make falr assessment on al! lands whatsoever lo which the mvenue•surv·ey extends, whether such lands are hefd wttr liability to pay full land revenue or land revenue at concessional rates or are held revenue free. {3} The fair assesSment of a.II lands shall be calculated in accordance with rules made in thfs behalf and having regard to the following principlns, namely: (a} no regard shall be had 10 anyclafm to hold land on privileged lenns ; (b) regard shall be had !n the case of aglicu!tura! !and to the prams of agriculture, to the consideration paid for leases, to the market prices of land and to the principal monies on mortgages, and !n the case of non~agricultural land, to the value of the land far the purpose for which it is h~ld ; (c) where any improvement has been effected" any time in any holding held for the purpose i of H"!,fri"ulture by or at the expense of the , holderthereol, the falr assessment of such holding shall be fixed as if the improvement ; had not been made. 35. Notwlthstanding anythlng contatne<.I ln 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 1he settlement for additional advantages accruing to it from water received on account of irrigation works or improvemeflts in existing lrrlgatlon 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. 217 36. Notwithstanding anythlng contained ln this Chapter, all survey opera lions commenced under any law, executive or procedural instructions for the time belng in force and continuing at the commencement ofth1sAct 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 haye been determined and introduced in accordance with the provisions of this chapter and shall remain fn force until lhe introduction of revised revenue-rates and such revised revenue rates may be introduced at any time, notwithstanding anything conlained in section 32. 37. (1) The prnvers and dutles exercisable by the officers referred to In section 6 may also be exercised during the 1erm of seltierr.~nl, by the Deputy Commlsstoner or such ~r revenue officer as may be specified by the Government for the purpose, by notification In 1he official Gazette. (2) The Deputy Commissloner, may, at any tlme durlng the term of settlement, corre<;t any error in lhe area or the assessment ot any survey number or sub•dMslon due to a mistake of survey or arithmetical miscalculation. CHAPTERV LAND RECORDS 36. It .shall be the duty or 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 wllh the rules made under this Acl: Provided that where for an:; .nason a reoord~of rights cannot be prepared tn respect of lhe entire village ii shall be lawful tor the survey otticer 10 prepare separate records-of-rights tor different ar~as of such village and notwilhs1andlng anything contained in this Act or any rufe made thereunder, a record~of~rlghts, when finally published shall not be called in question Jn any court on the ground that it was not prepared in respect of the entire village. Continuance or survey operations and rates inforce at the commence ment of the Act. Power of Deputy Coomssicner to correct errors etc. Preparation of record of nghts. Publication of the record of rights. Jurisdiction. Correc:Hon of bonaf!de mistake in register. Preparation of field index. Decision as to conflicl in any case. 218 39. (1) When a record of rfghts 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 peliod of such publication, to any entry therein orto any omission theretmm. {2} When all objections have been considered and rl'isposed of in accordance with the rules made In this behalf, the survey officer shall cause the record to be finally published in !he prescribed manner. (3) Every entry in the record of rights as finally published shall, unlil the contrary is proved, be presumed to be correct. 40. The Village council and Civil courts shall have jurisdiclion to decide any dispute which is recorded In the record of rights. 41. rhe survey officer may, on application made to him in thfs behalt or on his own motion, within one year from lhe date of flnal pubUcation of the record of rlghls, cor<ect ant:. enter in such record when he Is salisfied that it has been made owing to a bonaHde mistake. 42. (1) As soon as may be after survey and settlement, tile Revenue officer shaJI prepare and publish in the prescribed manner a draft field index in respect ot every plot in a village recording the status of the actual possessor and !he conditions on whlch he holds the land and shall fix a date hot less than fifteen days from the date o( such pub!!cation, for fllrng olalms 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 affecled, an opportunity of being heard, prepare the field index and publish it In the prescribed manner. 43. Notwithstanding anything herein before contained an e,-::ri regarding the status of the actual possessor of a plot and the condilfons on which he holds the land in the field index as finally published 219 shall, in case of conflicl wlth an enlry fn the record•oi rights, prevail and be transfeued tot he record-of-rights for correction of such record under certilicate of such officer as may be prescribed in this behalf. 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, survivorshlp, inheritance, partition. purchase, gift, mortgage, lease or otherwise any right in land or, where such person acquiring the right is a minor or otherwise disqualiired, his guardian or olher 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 g~ at cnce ~ written Rck11owledgement in the prescribed form for such report to the person making it {3) The Revenue officer shall enler the substance of every report made to him under sub section (2) in lhe register of mutations and also make an enlry !herein 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 rnade under said sub-section and at the same lime, shall make or paste up a complete copy of the entry in a conspicious place in the village and shall give a wrHlen intimatlon to all persons appearing from the record of rights of the register of mutations to be interested in !he mutations and to any other person who he has reason to believe to be interested therern, (4) Should any objection to an en!ry made under sub~seciion (3) in the register of mutations be made either orally or in writing to the Rt.venue Officer, he shall enter the pa.,iicula18: ot tire objection in ihe presclibed form and f urnlsh a copy o1 the same 10 the person making 1t {5) The objections made under sub-section (4) shall be decided on the basis of possessfon by the competent authority and orders disposing of objections entered in the register oi disputed cases shall be recorded in the register ot mutallon by the competent authority, Aeglster of mutations. Penalty for neglect lo afford Information, Assistance In preparation oi maps. Certified copies. Maps and other records open to inspection. Power to transfer duty of duty of maintaining maps and records to settlement officer. 220 (6) After the entries in the regfster of mutations have been tested and fourid correct, lhe entries shall be transferred to the record of rights and shall be certified by such officer as may be prescribed in lhis behalf. 45. The Deputy Commlssfoner may, if he is of opf nfon that any person has WIifuiiy neglected to make the report required by secllon 43, wlthln the prescribed period, impose on such person a penalty not exceeding twenty five rupees. 46. Subject to rules made under this Act, : (a) any revenue otf.icer may, for the purpose of preparing or revising any map or plan required for or in connection with any record or register under this chapler, exercise any of lhe powers of the survey officer under section 24 excepl fhe power of assesslng the cost of hired labour ; and (b) any revenue officer not below 1he rank of sub-divisional officer may assess the cost of the preparation at revision of such maps or plans and al! expenses incidental thereto, and such costs and expe11ses.shall ili::i recoverable in the same manner as an arrear of land revenue. 47. Certified coples of entries In the record of rights may be granted by such officers on payment of such fees as may be prescribed, 48. Subject to such rules and on payment oi 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 an persons applying for the same. 49. When a local area is under settlement, the duty of maintaininQ the maps and records may, under the orders of the Government, be tcansferred from the Deputy Commissioner to the settlement officer. 221 CHAPTER VI BOUNDARIES AND BOUNDARY MARKS 50. The boundaries of vlllages, sutvey numbers sub-<IMsions 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. 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 fhe rights al the land holderS on either side of the boundary fixed In respect o1 the land adjudged to appertain, or no! 10 appertain, to their respective hOldings. {2) Where a boundary has been so fixed 1he Deputy Commissioner may at any time summarily evict any !and 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 Of under whom he claims. 52, Jt shall be lawful for any survey officer authorised in this behalf to specify Of cause to be constructed, laid out, maintained or repaired, bOundary marks of villages or survey numbers of sub-divisions and to a.ssess all charges incurred thereby on the holders or others having an Interest therein. 53. The boundary marks shall be of such description and shall be conslructed, laid out, maintained or repaired in such manner and shall be of such dimensions and materials as may, sul)fect to rules made under this Acl, be determined by the Deputy Commissionr orolher officer appointed for the purpose. 54. Every lar.d 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 ot alteration, removal or repair. It shall be the Deterrninalion of village boundaries. Effect settlement or boundary. Construction and repair of boundary marks. Descriplfon of boundary marks, Responsb1ily for maintaining boundary marks. Deputy commissioner lO have charge of boundary marks. Tempering boundary marks. 222 duty of the Revenue Officers and servants to prevent the destruction or unauthorlSed alteration of the village boundary marks. 55. Arter the introduction of survey and settlement in a distrlct, the charge of the boundary marks shall devolve on the Deputy Commissioner and it shall be his duty to tf! ke measures for their cons1ruction, laying out, maintenance and repair. 56. Any person wilfully erasing, removing or injuring a boundary mark shall be liable to such penalty not exceeding c;>ne thousand rupees as the competent authorily may impose, CHAPTER VII REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS Land revenue to be first charge. Payment of !and revenue. Arrearof land revenue. Recovery of demand, 57. Land Revenue assessed on any land shall be the Urst charge on that land on the crops, rents and profits thereof. 58. Land revenue shall be payable at such times, in such instalments, 10 such persons, and at such places, as may be prescribed. 59. (1) Any instalment of land revenue or part 1hereof whlch 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 certHied by the Revenue omcershall, for the purpose of this cha.pier, be conclusive evidence of the existence of the arrear of its amount and or the person who is the defaulter ; Provided that nothing in this sub-section shall prejudice the right of such person 10 make payment under pro\es( and lo queslion the correctness of lhe account in separate proceedings before the competent authority. 60. An area of land revenue may be recovered by any one or more of 1he folroWlng processes, namely : (a} by serving a written nolice of dernanp on the defaulter ; 223 (b} by dfstrain! and sale of the defaulter's moveable property including the produce of the land ; (c) by a:ttachmenl and sale of the defaulter's immoveable property. 61. The form and contents of the notice or demand and the officers by whom such notices shalf be issued shall be in such manner as may be prescribed. 62. (1) Tile 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-sectlon (1) shall be deemed lo 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. 63, {1) When the Deputy Commissioner is of opinion that the processes referred to fn clauses {a) and (b) of Section 60 are nol sufticlent for recovery of an arrear, he may, ln addl!ion to or instead of any of those processes, cause the land in respect of which sl.lci1 artear 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 Jn any other immoveable property to be similarty attached and sold. 64. (1) Before effecllng the sale of any land or other immoveable property underth9 provisions of !his Chapter, tl'le Deputy Commissioner or other Officer empowered in !his behalf shall issue such notices and proclamations, in such form, in such manner and containing such particurars, as may be prescribed and soch notices and proclamations shan also be published in such manner as may be prescnbed. (2) A copy of every notice or proclamation issued under sub-section (1) shall be served on the defaulter. Notice of demand. Oistraint and safe of movable property Sale of immovable property. Notice of sale. Sale robe by auction. Prohlbitlon lo bld at auction. Sale of perishables. Sales not to be excessive, Dsposit by purchaser of immovable property. Failure to make deposit. Setting aside sale~ 224 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. 66. No officer having any duty to perform tn connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirecUy bid or acquire any property except on behalf oJ the Government. 67. Perishable articles shall be sold by auclIDn with the !east possible delay and such sale shall be finally concluded by the officer conducting the sale. 68. Every sale of property, moveable or immovable, under the provisions of1hls 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 lhereon and the expenses ol attachment and sale. 69. !n all cases of immoveable property, the party who is declared to be the purchaser shall be required to deposit immediately tv1enty five percen1 of amount of his bid and the balance Within fifteen days of the date of sale. 70. (1) In default of the payment of deposit referred to ln SectlOn 69 the property shall be put up for re-sale and !he expenses incurred in connection wlth the first sale shall be borne by the defaulting bidder. (2) In default of payment of balance of the bid amount within lhe period prescribed in Section 69 the deposit after de[raying there from the expanses of the sale shall be forte!led to the Government and the property shall be re-sold. (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 lhe same manner as an arrear of land revenue. 71. Where immoveable property has been sold under this Chapter, the defaulter, or any person owing such property or hofdfng 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 ~ 225 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 sobslantial loss or in;ury to him, or (b) on his depositing in the Deputy Commissioner's office the amount of the arrea, specified in the proclamation of sale, the cost of the sale and forpaymenl to the purchaser, as sum equal to five percent, of the purchaser money. 72. If, on the expiration of thirty days from the date of sale of any immoveable property or of the 1urther period, if any allowed under See!fOn 71, no application has been made and rejected, the Deputy Commissioner shall make an order conflrming the sale unless, (or reasons to be recotded, the Deputy CommIBsionersetsaside the safe mtwlths1anding that no application therefore has been made. 73. (1) The Deputy Commissioner shall order the refund and payment to the purchaser, of: {a) the amounts deposited by him under Section 69and (b) the sum equal tofivepementofthepurchase moneydeposi1ed underciause (b) of Section 71, if the sale ls not confirmed or is set aside. (2} The Deputy Commissioner sha.U ordertlie refund and payment of all the money deposited under clause (b) of Section 71 10 the person who made the deposit, if the sale is confirmed ; Provided lhat the Deputy Commissioner may set of the whole or any part of any such money against any arrear of land revenue, or any other arrear recoverable as an arrear of land revenue, which may be outstanding against the person who made the depcsit. 74. When a sale held under this chapter is confirmed the Deputy Commlssioner shall put lhe person declared to be the purctlaser in possession of the property and shall grant him a certilicate in the Conflrrnalion of sale. Refunds. Certificate of purchase. Application of proceeds of sale. Uab!lity of certificate Purchaser. Precauoonaiy measure in certain cases. Recovery of other public demands, Revenue officers to be courts. 22e prescribed form to the effect !hat he has purchased the property specified therein, and such certificate shall be deemed to be a valid transfer of such property. 75, The proceeds of the sale of any property under this chapter shall be applied in defraying the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold. 76. The person who has purchased any land and to whom a certificate of purchase has been granted shall not be !!able for the land revenue in respect of the land for any periqd prior to the date of the sale. n. When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of, the Deputy Commissioner may, ii he thinks it necessary, prevent ils being removed from the land until the demand for the current year in respect of the said !and is paid, whether the da1e fixed for the payment of the same has arrived or not. 78. The lo!lowing money may be recovered under this Act !n the same manner as an arrear of land revenue, namely : (a) rent, fees and ·royalties due to the Government for use or occupation of land or water or any product of land ; (b) all moneys falling due to the Government under any grant, lease or contract which provides that they shall be recoverable as arrears of land revenue ; (c) all sums declared by this Act or any other law for the time being infotce to be recoverable as an arrear of land revenue CHAPTER-VIII APPEALS AND REVISIONS 79. (1) A revenoe officer, while exercising power under this Act or any other law for lhe time being in force to'!nquire irrto orto decide any question arising ' .227 for determination between the Government and any person or between parties to any proceeding, shall be a revenue court and when trying such disputes shall be guided by the principles of 1he Civfl procedure Code, 1908 in respect of summoning witnesses, producUon of documents recording of evidence and other relatabre provisions. {2) Nothing in this Act shall be deemed lo limit or otheiw!se affect the inherent power of lhe revenue court to make such orders as may be necessary lor the ends of justice or to prevent the abuse of the process of the revenue court. 80. All revenue officers and persons acting undet their orders may enter upon and suNey the !and and demarcate boundaries and do alr o!her acts necessary for the pwpose of discharging theit duties under 1his Act or any other law for the time being in force and in so doing, shall cause no more damage than the circumstances of the case may require. 81. (1) T~e Govemment may transfer any case or class ol cases arising under this Act or any other law for time being in torce from any revenue officer to any other revenue officer competent to deal with lt (2) The Deputy Commissioner may transfer any case or class of cases arising under this Act or any other law for the time being in force for inquiiy or decision from his own file or from the file of the revenue officer subordinate to him to another officer competent to deal with such case or class of cases. 82. Where any order IS passed under this Act directing any person to deliver possession of land o, directing the eviction from land. such order shall be executed by the competent authority In such manner as may be prescribed and it shall be lawful !or such authority, in accordance with rures to be prescribed, lo take such steps and use or cause to be used such force as may be reasonabfy necessary for seourlng compliance with the orde,. 83. (1) Save as otheiwise expressly provided, an appear shall He from every orig1nal order passed under this Act Power to. enter upon and survey the land. Power to transfer oases. Use of force. Appeals. Limitation appeals. .. 22ll (a) If such an order is passed by an Officer sub-ordinate to the Deputy Commissioner, to the Deputy Commissioner. (b) 1f such an order is passed by the Deputy Commissioner to the Government represented by the concerned Secretary ; {c) it such an order is passed by Assistant Survey and settlement Officer, to the survey and setllemenl Officer or to a revenue officer notified by the Government in the official Gazette as lhe appellate authOJity ; and (d) If such an order is passed by a survey and seltlement officer, to the Director of settrement and !and records or to a revenue officer notlfied by lhe Government In the ofiicial Gazette to be the appellate autllOrity. {2) A second appeal shall he against any order passed in Urst appeal ; {a) if such .an order ls passed under clause (a) of sut,..section (1), ta the Government; {b) if such order is passed under clause (c) of sub-section (1), to the Director of settlement and land records orto a revenue officer notified by the Government in the Gazette to be the seco11d appellate authority and (c) If such an order is passed under clause (d) of sub-se!)tion (1 ), to the Secretary concerned ln the Government. 84. (1) No appeal shall lie, (a) in the case of first appeal, alter the expiry of thirty days from the date of the order appealed against ; and (b) in the case of a second appeal, after the expiry o! sOOy days fmm the date of the order appealed against. 229 In computing the above periods, the l!me required to oblaln copies of the order appealed against shall be excluded. 85. The Government represented by the Rev1sfon, concerned Secretary or the Deputy Commissioner may, at any time. either on hls own motion or on the application of any patty, call for the record~ or any proceedings before any revenue officer subordinate to him tor the purpose of satisfying himself as !o the legality or the propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit : Provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties, nol!ce to appear and be heard. 86. (1) A revenue officer may, ellher on his own ReView of motion oron the app!lcation of any party Jnteresled review orders. any order passed by himself or by any of his predecessors-in-office and pass such order in reference thereto as he thinks flt Provided that a revenue Officer subordinate 1o the Deputy Commissioner shall, before reviewing an order under this section. obtain the permission of the Deputy Commissioner and the Deputy Commlssloner shall, before reviewing any order passed by any of his pre decessors-in-office obtain the permission of the Government. (2) No order affecting any question of tight between private persons shall be reviewed except on the application of a party to the proceedings or except after notice to the other party and no application for the review of such 01dershall be enlerta·ined unless It ls made within ninety days from the date of the order, • (3) No order shall be reviewed except on the following grounds, namely ; (i) discovery of new and important matter of evidence; {il) some mistake or error apparent on the face of lhe record, or (iii) any other sufffC!en! reason. Stay of execution of orclers. Accrual of ownership rights on Government land alloUed for agricul• tural pur poses. 230 {4} For !he purpose ol this section, the Deputy Commissioner shall be deemed to be the successor in-off!ce of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district. {S) Ao order which has been dealt with in appeal or on revision shall not be reviewed by any omcer subordlnate to the appellate or revisional authority. 87. (1) A revenue officer who has passed any order or hfs 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 lhinks fit provided that no appeal has been 1iled. (2) Any authority before whom a case is pending in appeal or revision may direct the Slay of execution of the order appealed against or under revision for such period as It may lhink fit (3) The revenue officer or o!her auihority directing such stay of execution of any order may impose such conditions, or order such security to be 1urnished, as he or it may think fit. RIGHTS OF LAND OWNERS 88. (1) Every person, who, at the commencement of this Act, hOlds any land from the Government for agricultural purposes, and his successors-in•lnterest shall, subject to the provisions of sub-section (2), became lhe owner thereof as and from such commencement Provided lhat an leassees of Government land on the date of commencement of the Act, shall continue to hold such land on lease as p$r original terms of allotment until -,u~h time as appropriate rules for allotment of Government land forfmrposes other than agriculture are framed under appropriate provisions of the Act with the right to transfer the allotted land lo any member of a indegenous Arunaohal Pradesh Scheduled Tribe of the State on payment of fees as may be prescribed by lhe Government (2} No rights shall accrue under sub-section {1) In respect of lands which : 231 (I) are a part of the bed of a river, nallah, a stream or a public tank, or (ii} have been acquired by the Government for any purpose according to the provisions of any law in force for the time being relating to 9.cqu!siUon of !and, or (!ii} have been used at any time during the five years immedlatery preceding the commencement of lhls Act for any public, community or Village purpose, or (iv) are declared by the Government by notification in the official Gazettes as reserved or required for any public, community orvlltage purpose. (3). Objections to accrual of rights under sub• section (1) maybe fifed before1he o:,mpetentau!hority within such time and fn such form and manner as may be prescribed by any person who has Interest orciaims lo have an interest in the land either in h:::. Individual capacity or as a member of the village or community. (4} should any objection be made under sub· section {3), the competent authority shall inquire into objection ln such manner as may be prescribed and decide the same. (5) subject 10 the provisions of thts Act the decision of the competenl authority shall be final. (6) Ev~ry person who, at the commencement of this Act, holds rand from the Government for a purpose other than agriculture shall, subject lo sub seefion (2}, be entitled to the settlement of that land on such tarms and condilions as may be prescribed. {7) Nothing in this sectlon shall entitle any person to the sub-soil rights in respect of the land, of which he has become the land owner under sub s0ction (1), orwhtch has been settled with him under sub-seclion (6). Rights of land owners on Govern ment land allotted for agricultural purposes. Rights to ease. 232 89. (1) Every persons who has become a landowner under sub-section (1) of section 88 shall:..: (a) have transferable rights In the !and to the successor subject to the declaration and satisiaction of 1he District authorities. (b) be er1tiiied by himself, his servant, tenants, agent or their representatives to erect farm buildings, construct wells or tanks or make any other improvements thereon for the better cultivation of the land or its convenient use ; (c) be en11tleC1 to plant trees on the land, to enjoy the products thereof and to fell, utilise or dispase of the timber of any trees on the land. (2) Nothing in sub•section (1) shall entitled a land owner to use his land to the detriment of any adjoining land which ls not h!s or in contravention of the provisions of any other law for the time being in force applicable to such land. 90. {1) Subject to the provisions of this Act, a landowner may lease out his land to another person on such rent not exceeding the maximum rent as may be agreed upon t:ietween him and such person but shall not exceed ; (a)· Where the rent is payable in kind as a share of the produce, one-fourth of the produce of such land or its value estimated in the prescribed manner if plough cattle for the cultivation, ot such land is supptted by the landowner and one-fifth of sooh produce or its value as so estimated if plough cattle is not supplied by the landowner; (b) in any other case, four times the land revenue payable in respect of the land. (2) Every lease ol land made after the commenc.ement of this Acl, shall be for a periOd of five , years and at the end of the said petlod, and thereafter at the end of each period of live years, the tenancy shall, subject 10 !he provisions of sub-section {3), be 233 deemed to be renewed fora furtherperiOd offive years on the terms and conditions except to the extent that a modification thereof corisistent with this Act ls agreed to by both parties. (3) In respect of any lease made after the commencement of this Act, landowner who rs a rnemberof the Armed Forces of lhe Union, on his discharge from service or posting to the reserve, may by giving the tenant three months notice in writing before the expiry of any year, and any other landowner may by giving the tenant one year's notice in writrng before 1he exp try of any terms of five years tetmlnate the tenancy if the land owner requires the !and bonafide for personal cultivation by him. 91. (t) Where the Deputy Commissioner is satisfied that any land has remained uncultivated for a period nol fess than two consecutive years otherwise than In accordance with rules made in this behalf under this Act, and that it is necessary for the purpose of ensuring the full and efficient use of the land for agriculture to do so, he may after making such inqulry as may be prescribed lease out the land in accordance with rules made under this Act {2) Any lease made under sub~section (1) shall be deemed lo be a lease made by the landowner under sub-section (1) of secllon 90. 92. {1) Subject to any rules that be made under this Act landowner may relinquish his rights in respect of any land in his possession in favour oi the Government by giving a notice ln writing lo the competent authority in such form and manner as may be prescribed, not less than three months before the close of any year and \hereupon, he shall cease to be a landowner in respect of !hat land from lhe year nexl following the date of notice ; Provided that relinquishment ol on!y a part or a holdingorol a holding which, orpanotwhlch ls subject to an encumbrance or charge, shall not be valld. Landlett unculti vated. Relinquish ment by lhe land owner of the Government land. lnterest of tenants. Recovery of amount due as an arrear of land revenue. Jurisdiction of civil Courts excluded. 234 (2} If any person relinguishes his rights to a land under sub•secilon (1}, the way lo whlch lies through other land retained by him, any future holder of the land relingulshed shall be entilled to a right of way through the land retained. CHAPTER X RIGHTS OF TENANTS 93. (1} The Interest of a tenant in any land held by him as such shaU be in accordance with such terms and condltk:111s as agreed between the parties; Provided that right to create charge over such land so transferred on lease, right to make improvements and compensation thereof, payments of rent ; determination of reasonabte rent by the authorities ; suspension or revision of rent, eviction of tenant ; terminauon of tenancy and other related provisions shall be: in such manner as may be prescribed In the Rules made under this Act CHAPTER XI GENERAL AND MISCELLANEOUS 94, Without prejudlce to any other provision of this Act, any amount due to the Government, whether by way of cosls:. penalty or otherwise, and any other amount which is ordered to be paid to or recovered by the Government, under this Act shall be recoverable in the same manner as an arrear of land revenue. 95. No suit or proceeding shall, unless otherwise expressly provided for in this Act or in any other law for the time being in forcP., lie or be instituted ln any Civil court with respect to any matter arising under any provision of this Act ; Prov·1ded that if in a dispute between parties a question of title is involved, a civil suit may be brought for the adjudication of such question : Provided further lha1 the Civil court shall have jurisdiction to decide any dispute to which the Governmenl rs not a party rela1ing to any right o, entry which is recorded In the record of rights. 235 96. Every supervisor kanungo, mandal, chalnma11 and every other vmage oitlcer appo!nled under this Act shall be deemed to be a public servant within the meaning of seclion 21 of the Indian Penal Code. 97. Whoever contravenes any provisions of this Act for which no penal}' has been otherwise provided for therein shall be punishable with fine which may extend to one thousand rupees. 98. The State Government may, by not1ficalion in the official Gazette, delegate to any officer or authority subordinate to it any of lhe powers conferred on it or un any officer subordinate to it under this Act, other than the power to make ruie&, subject to such restrictions and conditions as may be specified in the said notificatlon. 99. (a) The State Government may, by notification In the official Gazette, make rules for carrying out lhe purpose of !his Act (b) Without prejudice to the generality of the foregoing power, the rules may provide for all or any of !he following matters: (1) the manner of appointment of revenue officers, survey omcers and settlement omcers, and other vll!age ollicers and servants, their powers and duties, the officlai seals, if any, to be used by them and the size and description ol the seals ; (2) the De:puly Commissioner's powers of superintendence and control over other oft!Cers; {3) the officers who should hear and decide disputes regarding rights in or over many property claimed by or against the Government and the procedure to be followed by lhern ; (4) the d!sposai of Gcvunmenl lands by assignment or grant to individuals or for publlc purchases and lhe terms and conditions subject to which such assignments or grants may be made ; Revenue officers to be public servants. General proviosions asto penal1lies. Delegation of powers. Power lo make Ru!e:s. 236 (5) the preservation and disposal of trees, brush wood, jungle and other natural products on Government land and the recovery of the values of trees or other natural product un-authorisedfy appropriated by persons : (6) the procedure for surnmary eviction of trespassers on Government land ; {7) the alteration and revision of the land revenue In cases of aUuvlon or di!uvion or of diversion of land for purposes other than agl'iculture ; (8) the grant or permission to use agricullural land for non-agricultural purpose; (9) the determination of additional rates for use of water; (10) the circumstances in which remission or suspension of revenue maybe made and the rate of such remission or suspension ; (11) the form of receipt for payment of land revenue; (12) the conduct of surveys and settlements of rand revenue ; (13) the manner of estimating the cost of cultfvalion and other expenses in relating to ihe lnquiry into profits of agriculture; {14) the dMsion of survey number's Into sub divisions and the assessment of sub divisions; (15) the statistical, fiscal and other records and registers to be prepared and malntained under this Act ; (16) the manner 1n which the costs and expenses incidental to revenue survey of the constructlon, repair and maintenance of boundary marks shall be determined and apportioned between persons who are Uabfe to bear the same ; 237 (17) the fixing, construction, laying out, maintenance and repair of boundary marks, and the settlemenl of disputed relating thereto ; (18) the division of areas into units for determining the revenue-rates and the preparalion ol the tabte of revenue-rates ; {19) the preparation and the preliminary and final pub!lcation of the record Qi righ!s and the table of revenue-rates ; (20) the hearing and disposal of objections to any entry of omission in the table of revenue-rates, the record of rights, and the register of mutations ; (21) the manner and extent of alteration or revision of revenue-rates during the term of settlement ; (22) the correction of bonafide errors and mistakes in the revenue records, reg1slers and maps prepared under this Act ; (23) the manner in which lhe average yield of crops of land shan be ascertained ; (24) lhe manner of hofding inquires by revenue officers under thls Aci ; (25) 1he applfca1ion of the provisions of the rode of Civil Procedure, 1908, to cases and proceeding before a revenue court ; (26) the form of summons and other processes, notices, orders and proclamations to be lssued or made by revenue officers and the manner of their services ; (27} the procedure for the attachment and sale of property and the confirmation and the setting aside of sales of immovable property under Chapter VII ; (28) the manner of publication of notice and proclamations of attachment and sale of property; ~ 238 (29} the manner in which Ute cost and expenses incldcnta! to the attachment and sale of property shall be determined ; (30) the manner of payment of deposit and of the purchase money of property sold for arrears of land revenue ; {31) the clrcumstances in which precautionary measures for securing 1he lanO revenue under section 76 may be taken ; (32) the procedureforthe transfer of cases from one revenue officer to another; (33} the manner of preferring appeals or appllcatlons for revlsion or review, the documents to accompany the memorandum of appeal or such application and the foe, if any, leviable therefore ; (34) the grant of certified copies and the payment of fees for inspection and grant of certmed copies of revenue records and registers ; (35) the mode of execution of any orders dlrecling any person to deliver possession of !a1id crto be evicted from land, including the use of force for securing compliance with such order ; {36} the form of notices 10 be issued under thls Act and the manner of their service ; (37) 1he mannerof hoiding Inquires under this Act; (38) the circumstances in whlch and the period for which land used for agricullura! purposes may be left uncultivated ; (39) the conditions subject to which lands may be leased by the Deputy Commissioner under Section 91 : (40) the form of applications to be made under this Ac!, the authorities to whom they may be made and the procedure to be followed by such authorities in disposing of the application, 239 {41) the determination of the value of the produce of land, the profits of agriculture, and the rental value of land, for the purposes of ih1s Act; (42) the time and manner of payment of rent by the tenant ; {43} the form of receipt for rent to be given by the land owner ; {44) the factors lo be taken into account in determining reasonable rent for land and in commuting rent in kind into money rent: {45) the nature and the extent of relief to the tenant in cases of suspension or remission of !and revenue by the Government ; (46} the determination of compensation for improvements to tenants who are evicted from land; (47) the grant of pennission to sum~nder land; (48) the determination of the price 10 be paid by the tenant for land in respect of which the first option to purchase is exercised ; (49) any other matter which is to be or ffiay be prescribed, 100. (1) On and from the dale on which any of the provisions of this Act a.re Drought into force in any area in the State of Arunachal P,adesh, the laws/ instructions or such executive directions as relate to the matters covered by the provisions so brought into force shall stand superseded/cancelled In-such areal areas. (2) Such supersession or cancellation shall nol effect: (a) the previous operation of anylhing duty done or suffered 1hereunder ; (b) any righ!, privilege, obligation or Uability acquired, accrued or incurred, Repeal and Savings. {c) any penally, forfeiture or punishment incurred In respect of any offence committed ; {d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty forfeiture or punishment as aforesaid ; and any such investigation, legal proceedings or temedy may be institured or enrorced and any such penalty, forfeiture or punishment may be imposed as if such executive had not been superseded or cancelled, (3) Subject to the provisions contained in sub,. section (2), any appointment, rule, order, notification or proclamauon made or issued, any lease rent right or liability granted, fixed acquired or incurred and any other thing done or action taken under any of the enactment or parts thereof repealed under sub-section (1) shall. in so lar as it is not inconsistent wllh the provisions of this.Act, be deemed lo have been made, issued, granted, fixed, acquired, Incurred, done or taken under thls Act and shall continue to be ln force unlll superseded by anything done or any action taken under this Act.