Chapter XIII TENURE HOLDERS

There shall be the following classes of tenants, namely :- (i) Occupancy tenants; (ii) Non-occupancy tenants; (iii) Grantees and; and (iv) Licensees.

Every person belonging to any of the following classes shall be called an occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon an occupancy tenant by or under this Regulation, namely :- (a) every person who, immediately before the commencement of this Regulation, had acquired the right of occupancy under the provisions of the Andaman & Nicobar Islands (Land Tenure) Regulation, 1926;

Every person belonging to any of the following classes shall be called a non-occupancy tenant and shall have all the rights and be subject to all the liabilities conferred or imposed upon a non-occupancy tenant by or under this Regulation, namely :-(a) every person who, immediately before the commencement of this Regulation, was a non-occupancy tenant under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926;(b) every person who is granted a licence under clause (ii) of section 146 in respect of any agricultural land.

(1) Every person belonging to any of the following classes shall be called a grantee and shall have all the rights and be subject to all the liabilities conferred or imposed upon a grantee by or under this Regulation, namely :-(a) every person who, immediately, before the commencement of this Regulation, was in occupation , of any land in pursuance of a grant made under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926;(b) every person to whom a grant is made under clause (i) of section 146. (2) Not withstanding anything contained in sub-section (1), every person who, not being an occupancy or non-occupancy tenant, is in possession of any coconutt or arecanut plantation in the Nicobars immediately before the commencement of the Regulation otherwise than in pursuance of a grant of licence made or granted under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, shall be deemed to be grantee thereof for the purpose of this Regulation for such period as the Chief Commissioner may by notification specify from time to time. Explanation – In this sub-section “Nicobars” means all the islands comprised in the Union Territory of the Andaman and Nicobar Islands lying south of 10 Degree Channel.

Every person belonging to any of the following classes shall the liabilities conferred or imposed upon licensee by or under this Regulation, namely :-(a) every person who, immediately before the commencement of this Regulation, was in occupation of any land in pursuance of a licence granted under the provisions of the Andaman and Nicobar Islands (Land Tenure) Regulation, 1926;(b) every person who is granted a licence in respect of any non-agricultural land under clause (ii)of section 146.

The Chief Commissioner may, on such terms and subject to such conditions as he thinks fit,-(i) make to any person, for the cultivation of coconuts, coffee, rubber and other long-lived crops and for the construction of buildings and works to be used for the purpose of, or in connection with, such cultivation, a grant of land for any period not exceeding thirty years with an option for renewal for a like period: Period that for the cultivation of rubber crop a longer period may be specified by the Chief Commissioner with the approval of the Government;(ii) grant a licence in writing to any person to occupy any land to such extend and for such purposes as may be prescribed.

A licence whether granted either before or after the commencement of this Regulation to occupy land and construct a building thereon may be liable to be cancelled if the licensee fails to construct the building on the site within a period of two years from the date of grant of the licence or such further time as the Deputy Commissioner may allow.

Subject to his personal law, the interest of a tenant in his holding shall, on his death, pass by inheritance, survivorship or request as the case may be.

(1) Subject to the provisions of sub-section (2) and (3) no tenant shall, after the commencement of this Regulation, sub let for any period whatsoever any agricultural land comprised in his holding : Provided that nothing in this sub-section shall prevent a tenant who is a member of registered co-operative farming society from sub-letting any such land to such society. (2) A tenant who is-(i) a person under disability ; or (ii) a person, being a permanent resident of the Union Territory of the Andaman and Nicobar Islands, but in the service of the Union and employed in the mainland of India ; or(iii) a public, charitable or religious institution;(iv) a local authority or a co-operative society, may sub-let the whole or any part of his or its holding: Provided that where a holding is held jointly by more than one person the provisions of this sub-section shall not be applicable unless all such persons belong to any one or more of the classes aforesaid: Provided further that any sub-letting made in pursuance of this sub-section shall cease to be in force on the expiry of the agricultural year immediately following the date on which such person ceases to belong to any one or more of the classes aforesaid. (3) Where on account of any unforeseen calamity a tenant is unable to cultivate his holding and obtains a certificate in that behalf from the Tehsildar, he may sub-let the whole or any part of his holding for one year during any consecutive period of three years. (4) Where a tenant had sub-let any agricultural land immediately before the commencement of this Regulation and the period for which such land was sub-let is not over at such commencement, the person to whom such land had been sub-let shall be entitled to remain in possession thereof after such commencement for the remaining period for which such land was sub-let or until the expiry of the agricultural year immediately following such commencement whichever is earlier. (5) The rent payable by sub-tenant in respect of any agricultural land held by him shall not exceed, -(a) where the rent is payable in kind as a share of the produce, one-fourth of the produce in such land or its value calculated in the prescribed manner, if plough cattle for the cultivation of such land is supplied by the tenant, and one fifth of such produce of its value as so calculated, if such plough cattle is not supplied by the tenant; (b) in any other case, four times the land revenue payable in respect of the land. (6) The rent payable by a sub-tenant shall, subject to the provisions of sub-section (5), be the rent agreed upon between him and the tenant or where there is no such agreement the reasonable rent which shall be determined in the prescribed manner. (7) The rent shall be paid at such time and in such manner as may be agreed upon or, in the absence of such agreement, as may be prescribed. (8) Every tenant receiving rent shall give or cause to be given to the sub-tenant a receipt for the same in such form as may be prescribed duly signed by him or his authorized agent.

Where a tenant sub-lets any holding or part there of in contravention of the provisions of section 149, such tenant and the person to whom the holding or part thereof has been sub-let shall, notwithstanding anything contained in any law, be liable to ejectment from such holding or part thereof.

(1) A tenant shall be liable to be ejected from his holding by an order of the Sub-Divisional Officer, made on any of the following grounds, namely :-(a) he has done any act which is destructive or permanently injurious to the land comprising the holding; or(b) he had used such land for any purpose other than that for which it was given; or(c) he has transferred his interest is such land in contravention of the provisions of this Regulation of any rule made thereunder. (2) No order under sub-section (1) shall be passed unless the Sub-Divisional Officer has, by notice, called upon the tenant to show cause against his ejectment (3) No order for ejectment shall be executed before the 1st day of February or after the 30th day of April in any year.

(1) Where, during the period of one agricultural year (a) an occupancy tenant or a non-occupancy tenant does not cultivate his holding or leaves the locality in which he usually resided without making any arrangement for the cultivation of his holding, or (b) a grantee does not cultivate the holdings given under the grant or leaves the village in which he usually resides without making proper arrangement for the maintenance of the holding given under the grant. The Sub-Divisional Officer may, after such enquiry as he may deem necessary, take possession of the land comprising the holing and arrange for its cultivation and upkeep by letting it out for a period of one agricultural year at a time on behalf of such occupancy tenant, non-occupancy tenant of grantee (2) Where such occupancy tenant, non-occupancy tenant or grantee or any other person lawfully entitled to the land claims it within a period of three years from the commencement of the agricultural year next following the date on which the Sub-Divisional Officer took possession of the land, it shall be restored to him on payment of the dues, if any and on such terms and conditions as the sub-Divisional Officer may think fit. Provided that no such land shall be restored to the possession of the tenant or grantee or other person unless the period for which such land has been let out by the Sub-Divisional Officer under Sub-Section (1) has expired. (3) Where no claim is preferred under sub-section (2) or if a claim is preferred and disallowed the Sub-Divisional Officer shall make and order declaring the holding abandoned and the holding shall vest absolutely in the Government from such date as may be specified in that behalf in the order. (4) Where a holding is declared abandoned under sub-section (3), the liability of such occupancy tenant, non-occupancy tenant or grantee for the arrears of revenue due from him in respect thereof shall stand discharged.

(1) Subject to the provisions of this Regulation, a tenant may surrender his holding or any part thereof by making an application in writing to the Tehsildar intimating his intention to do so and by giving possession thereof whether such holding is or is not let. (2) Notwithstanding the surrender, unless the tenant applies before the first day of February in any year he shall be liable to pay the land revenue for the holding for the agricultural year next following the date of surrender. (3) Where only a part of the holding has been surrendered the Tehsildar shall apportion the assessment the holding, in accordance with the rules made under this Regulation.

(1) An occupancy tenant, non-occupancy tenant or a grantee may, by agreement, exchange any land comprised in his holding with the land of any other tenant of the same class with the previous permission of the Sub-Divisional Officer (2) When any land is exchanged under sub-section (1), a tenant shall have the same rights in the land so received by him in exchange as he had in the land given by him in exchange (3) Where the Sub-Divisional Officer permits any exchange under sub section (1) he shall also order the relevant records to be corrected accordingly.

(1) A tenant may sue in the court of the Sub-Divisional Officer for partition of his share in a holding comprising of agricultural land: Provided That where any question of title is raised no such partition shall be made, until such question has been decided by a civil court. (2) The Sub-Divisional Officer may, after hearing the co-tenure holders, divide the holding and apportion the assessment of the holding in accordance with the rules made under this Regulation. (3) No partition shall be allowed if it results in creating a holding, the area of which will be below two hectares. (4) Where in the course of partition the area of the holding of a co-tenure holder falls below two hectare, the Sub-Divisional Officer may, on an application being made in this behalf by such co-tenure holder, direct the sale of his interest in the holding to another co-tenure holder willing to purchase such interest at the price determined by the Sub-Divisional Officer in accordance with the rules made under this Regulation : Provided that if two or more co-tenure holders are willing to purchase such interest, the Sub-Divisional Officer shall order the sale to the co-tenure holder who offers to pay the highest price above the price determined by him. (5) If none of the co-tenure holders is willing to purchase the share of the co-tenure holder intending to sell his interest in the holding in accordance with sub-section (4), the Sub-Divisional Officer shall direct the sale of the interest of the co-tenure holders in the entire holding by public auction and shall distribute the proceeds of the sale after deducting the expences of the sale among the co-tenure holders in accordance with their respective interests in the holdings. (6) One suit may be instituted for the partition of more than one holding where all the parties to the suit are jointly interested in each of the holdings.

(1) Subject to the provisions of this section all trees standing in the holding of an occupancy tenant shall belong to him. (2) The transfer by an occupancy tenant of any trees standing in any land comprised in his holding except the produce of such trees shall be void unless his interest in the land itself is transferred. (3) Trees standing in any land comprised in the holding of an occupancy tenant shall not be attached or sold in execution of a decree or order of a civil court or under an order of a revenue officer or under an order made in pursuance of the provisions of any law for the time being in force unless his interest in the land itself is attached or sold. (4) All commercial trees standing in the holding of an occupancy tenant shall belong to the Government and it shall be the duty of the Government to remove or cause t be removed such trees form the holding within a period of five years from the commencement of this Regulation or the acquisition of the occupancy right by the tenant, whichever is later: Provided that where the Chief Commissioner is of opinion that it is not practicable to remove such trees within the said period of five year, he may, by notification, extend the said period of five years generally or in relation to any specified holding or class or holding by such further period or period as he thinks fit; so however that the total period so extended shall not, in any case exceed one year. (5) If any such trees are not removed within the aforesaid period or the period so extended, such trees shall, on the expiry of that period, belong to the occupancy tenant.

(1) A tenant shall be entitled to make any improvement in his holding for the better cultivation of the land or its more convenient use. Provided that he shall not plant trees in such a way as to diminish the value of any land not included in his holding. (2) If a tenant plants, or proposes to plant, trees in such a way as to diminish the value of any land not included in his holding, any person affected thereby may apply to the Tehsildar for prohibiting the planting of trees on such land or directing the tenant to remove the trees already planted thereon and the Tehsildar may, after hearing the parties, either grant the application subject to such conditions as he thinks fit or eject it. (3) If a tenant has effected any improvement or any land comprised in his holding and his interest in the holding is extinguished under clause (b)or clause (c) or clause (3) of section 162, he shall be entitled to receive, in such extinguishment, such compensation for it as the revenue officer may determine in accordance with the provisions of sub-section (4) (4) The amount of compensation determined by the revenue office shall be the value of the improvement at the time of extinguishment of the tenancy, estimated with due regard to- (a) the amount by which the value of the interest of the tenant in the land has increased by the improvement; (b) the condition of the improvement at the time of determination of compensation and the probable duration of its effect; (c) the labour and capital provided or spend by the tenant for the making of the improvement; and (d) any other matter which may be prescribed.

(1) At any time during the currency of any settlement the Deputy Commissioner may, in accordance with the rules made under this Regulation, on the application of a tenant or of his own motion reduce the land revenue in respect of any land on any of the following grounds, namely :- (i) that the land has been wholly or partially rendered unfit for cultivation in consequence of floods or other cause beyond the control of such tenant; (ii) that the area of the holding of the tenant has diminished for any reason, below the area in relation to which the land revenue was assessed (2) Where any reduction is ordered under sub-section (1), such reduction shall take effect from the commencement of the revenue year next following the date of the order. (3) If the cause for which land revenue has been reduced under sub-section (1) subsequently ceases or is removed. The Deputy Commissioner may, after giving the tenant a reasonable opportunity of being heard, make an order directing that such reduction shall ceases to be in force and on such order being made the reduction shall stand removed from the commencement of the revenue year next following the date of the order.

(1) Subject to the provisions of section 186 an occupancy tenant may transfer interest in his land. Provided that an occupancy tenant, from whom any amount by way of loan or otherwise is due to the Government shall not transfer such interest except with the previous permission in writing of the Deputy Commissioner. (2) Notwithstanding anything contained in sub-section (1) or any other law for the time being in force. (i) no mortgage of his interest in any land by an occupancy tenant shall be valid unless at least two hectares of land is left with him free from any encumbrance of charge; (ii) no occupancy tenant shall have the right to transfer his interest in any land if after such transfer the total extent of the land held by him will be reduced below two hectares; and (iii) the interest of an occupancy tenant in any land to the extent of two hectares, shall not be liable to be attached or sold in execution or any decree or order of any court. Provided that nothing in this sub-section shall prevent an occupancy tenant from mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government or a Cooperative Society or an institution established for a public, religious or charitable purpose of a bank, or shall effect the right of the Government or such cooperative society, institution or bank, as the case may be, to sell such interest for the recovery of such loan in the execution of a decree or order of any court. (3) (a) A grantee may mortgage or transfer any interest in his land with the previous permission in writing of the Deputy Commissioner. (b) The interest of a grantee in any land to the extend of two hectares, shall not be liable to be attached or sold in execution of a decree of order of any court ; Provided that nothing in this sub-section shall prevent a grantee form mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government r a cooperative society or an institution established for public, religious or charitable purpose or a bank or shall affect the right of the Government or such cooperative society, institution or bank, as the case may be, to sell such interest for the recovery of such loan in execution of decree or order of any court. (4) [Omitted] (5) Where an occupancy tenant effects a mortgage other than usufructuary mortgage of his interest in the land than notwithstanding anything contained in the mortgage deed, the total amount of interest aceruing under the mortgage shall not exceed one half of the principal amount advanced by the mortgagee. (6) Notwithstanding anything contained in the India Registration Act 1908 no officer empowered to register document which purports to conravence the provisions of this section. (7) Nothing in this section shall apply to any transfer or his interest in any land made by an occupancy tenant or a grantee before the commencement of this Regulation. (8) The interest of non-occupancy tenant shall be non-transferable. (9) The interest of a licencee of a non-agricultural land shall not be transferable except with the previous permission I writing of the Deputy Commissioner and subject to such terms and conditions as may be specified by him. Provided that where within a period of four months after the receipt of any application from any licencee, for permission to transfer his interest in any non-agricultural land being a house site, the Chief Commissioner does not refuse permission of upon refusal, does not communicate the refusal to the licencee, then the Chief Commissioner shall be deemed to have granted permission for transfer. Provided that nothing in this sub-section shall prevent a grantee from mortgaging or transferring his interest in any land to secure payment of any load made to him by the Government or a Cooperative Society or an institution established for a public; religious or charitable purpose or a bank or shall affect the right of the case may be to sell such interest for the recovery of such load in execution of decree or order of any court. Explanation I : For the purpose of this section “Schedule Tribe” shall have the same meaning as in clause (25) of article 366 of the constitution Explanation II : For the purpose of this section “Bank” means banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949 and includes (i) The State Bank of India constituted under the State Bank of India Act, 1955; (ii) A subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Acts, 1959; (iii) A corresponding new bank constituted under section 3 of the Banking Companies (acquisition and Transfer of undertakings) Act, 1970; (iv) the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act 1963; (v) a Regional Rural Bank established under sub-section (i) of section 3 of the Regional Bank Acts, 1976; (vi) a banking institution notified by the Central Government under section 52 of the banking Regulation Act, 1949; (vii) any other financial or banking institution notified by the Central Government in the official Gazette as a bank for the purpose of this Regulation.

If a transfer of interest in land is made in contravention of the provisions of clause (ii) of sub-section (2) of section 159 the interest so transferred shall stand forfeited to the Government in accordance with such rules as may be made in that behalf.

(1) If after the commencement of this Regulation any tenant is disposed of any lands held by him otherwise than by process of law, he may within two years from the date of such dispossession apply to the Tehsildar for his reinstatement in such land. (2) On receipt of an application under sub-section (1). The Tehsildar shall, after making an enquiry into the respective claims of the parties, pass order on the application and when he orders the restoration of possession to the tenant, put him in possession of the land. (3) The Tehsildar may, at any stage f the enquiry under sub-section 2, pass an interim order for delivery of possession of the land to the applicant, if he finds that the applicant was dispossessed by the opposite party within six months prior to the date of submission of the application under sub-section (1) and if possession in not delivered to the applicant, the Tehsildar shall cause the opposite party to be ejected. (4) When an interim order has been passed under sub-section (3), the opposite party may be required by the Tehsildar, to execute a bond for such sum a he may deem fit for abstaining from talking possession of the land until the final order is passed by him. (5) If the person executing the bond under sub-section (4), is found to have entered into, or taken possession of the land in contravation of the bond, the Tehsildar may forfeit the bond in whole or in part and may recover such amount from such person as an arrear of land revenue. (6) If the order passed under sub-section 2 is in favour of the applicant, the Tehsildar shall also award a reasonable compensation to be paid to the application by the opposite party. Provided that the amount of compensation shall not exceed ten times the land revenue payable in respect of the land for each year’s occupation. (7) Any compensation awarded under this section shall be recoverable as an arrear of land revenue.

The interest of tenant in his holding or any part thereof shall be extinguished, - (a) when he dies leaving no heir entitled to his interest under this Regulation; or (b) when he surrenders his holding or such part; or (c) when the holding or such part has been transferred, letout or used in contravention of the provisions of this Regulation; or (d) when the land comprised in the holding has been acquired under any law for the time being in force, relating to acquisition of land; or (e) When he has been ejected under this Regulation; or (f) when he has been deprived of possession and his right to recover possession is barred by limitation ; or (g) when his holding is declared as abandoned.