No: 10 Dated: Nov, 17 2000

THE ARUNACHAL PRADESH (LAND SETTLEMENT AND RECORDS) ACT, 2000

(Act No. 10 of 2000)

    An Act to provide a comprehensive law for land revenue administration for the whole of the State of Arunachal Pradesh incorporating customary rights on the land and certain measures of land reforms.

    BE it enacted by the Legislative Assembly of Arunachal Pradesh in the Fifty-first Year of the Republic of India as follows:-

CHAPTER-1

PRELIMINARY

1. Short title extent and commencement. - (1) The Act may be called the Arunachal Pradesh (Land Settlement and Records) Act, 2000.

(2) It extends to the whole of the State of Arunachal Pradesh.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different areas and for different provisions of this Act.

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

(a) "Agriculture" includes horticulture, the raising of annual or periodical crops or garden produce, dairy farming, poultry farming, stock breeding and grazing pisciculture;

(b) "Commencement of this Act" in relation to any provision, means the date specified in respect of that provision i.e. a notification issued under sub-section (3) of section 1;

(c) "Common 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, kindered;

(e) "Competent authority" in relation to any provision, means any officer appointed by the Governor to be the competent authority for the purpose of that provision;

(f) "Deputy Commissioner" means the Deputy Commissioner in charge of a district;

(g) "Government" means the State Government of Arunachal Pradesh;

(h) "Government land" means land acquired by the Government under Land Acquisition Act for through donation of the public for establishment of Administrative Headquarter, Government Institutions and facilities under various wings of the Government or such land as defined under Section-9;

(i) "Improvement" in relation to any land, means any work which materially adds to the value of the land and which is suitable to the land an consistent with the character thereof, and includes:-

(i) the construction of tanks, wells water channels and other works for the storage, supply an distribution of water for agricultural purposes or for the use of man and cattle employed in agriculture ;

(ii) the construction of works for the drainage of land or for the protection of land from floods or from erosion or from other damage by water;

(iii) the preparation of land for irrigation;

(iv) the conversion of one crop land into two-crop land;

(v) the reclaiming, clearing, enclosing, leveling or terracing of land used for agricultural purpose;

(vi) the erection on land or in the immediate vicinity thereof otherwise than on the village site, of a building or house for the occupation of the tenant, his family and servants or a cattle shed, a store-house or other construction for agricultural purpose or of any building required for the convenient or profitable use or occupation of the land; and

(vii) the renewal or reconstruction of any of the foregoing works or such alteration therein or addition thereto as are not of the nature of ordinary repairs;

(j) "Jhum Land" means Jhum land as defined in a clause (b) of section 2 of the Balipara, Tirap, Sadiya Frontier Tracts Jhum Land Regulation, 1947 (Regulation 3, 4 & 5 of 1947).

(k) "Holding" means a parcel of land separated assessed to land revenue;

(l) "Land Owner" in relation to any land means a person who acquires rights of ownership in respect of such land by :-

(i) in heritance or acquisition in accordance with a local custom;

(ii) purchase, if such purchase is not contrary to local customs;

(iii) gift or donation as per local custom;

(iv) according to provisions under section 88;

(m) "Pay" "payable" and "payment", used with reference to rent, include "deliver", "deliverable" and "delivery";

(n) "Persons under disability" means

(i) a widow;

(ii) a minor;

(iii) a woman who is unmarried or who, if married, is divorced or judicially separated from her husband or whose husband is a person falling under clause (iv) or (v);

(iv) a member of the Armed Forces of the Union;

(v) a person incapable of cultivation by reason of physical or mental disability;

(o) "Personal cultivation" with its grammatical variations and cognate expressions means cultivation by a person on his own account:-

(i) by his own labour, or

(ii) by the labour of any member of his family, or

(iii) by servants or by hired labour of wages payable in cash or in kind but not as a share of produce under his personal supervision or the personal supervision of any member of his family;

(p) "Public purpose" includes a purpose connected with settlement of land with cultivators, tenants ejected as a result of resumption, landless agricultural workers or co-operative 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 in lieu of land revenue;

(r) "Rent" means whatever is lawfully payable by a tenant to the Land Lord in cash or in kind or partly in cash and partly in kind, whether as a fixed quantity of produce or as a share of produce on account of the use or occupation of land or on account of any right in land but shall not include land revenue ;

(s) "Resident" means an indigenous person ordinarily residing in a village or area;

(t) "Tenant" means a person who cultivates or holds the land of another person under an agreement, expressed or implied, on condition of paying rent in cash or in kind or delivering a share of the produce;

(u) "Village" means any tract of land which before the commencement of this Act was recognized as or was declared to be a village under any law for the time being in force or which may after such commencement be recognized as a village at any settlement or which the State Government may, by notification in the official Gazette, declare to be a village;

(v) "Village Authority" and "village council" means a village authority and council as constituted in accordance with or under any statutory law for the time being in force or under any local custom respectively;

(w) "Year" means the agricultural year commencing on such date as the Government may, in the case of any specified area, by notification in the Official Gazette, appoint.

CHAPTER II

Revenue Divisions Revenue Officers and Other Appointments

3. Power to create, alter or abolish Revenue districts, sub-divisions, etc. - (1) The State Government may, by notification in the Official Gazette, divide the territories to which this Act extends into one or more Revenue districts, and may similarly divide any Revenue district into sub-divisions and blocks and may alter the limits of, or abolish any Revenue district, sub-division or blocks.

(2) The districts, sub-divisions and blocks existing at the commencement of this Act shall continue respectively to be district, sub-divisions and blocks under this Act unless otherwise provided under sub-section (1).

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