Chapter XVII Chapter XVII

No suit or other proceeding shall, unless otherwise expressly provided in this Regulation, lie or be instituted in any civil court with respect to any matter arising under and provided for by this Regulation.

Notwithstanding anything contained in the Court-fees Act, 1870, every application, appeal or other proceeding under this Regulation shall bear a court-fee stamp of such value as may be prescribed.

No suit, prosecution or other proceeding shall lie-

(a) against any officer of the Government for anything in good faith done or intended to be done under this Regulation ;

(b) against the Government for any damage caused or likely to be caused or any injury suffered or likely to be suffered by anything in good faith done or intended to be done under this Regulation.

With the previous approval of the Government, the Chief Commissioner may, by notification exempt any class of land from all or any of the provisions of this Regulation.

The Chief Commissioner may, by notification, delegate to any officer or authority subordinate to him any of the powers conferred on him or on any officer subordinate to him by this Regulation, other than the power to make rules, to be exercised subject to such restriction, and conditions as may be specified in the notification.

If any difficulty arises in giving effect to any provision of this Regulation, the Government may, as occasion required, take any action not inconsistent with the provisions of this Regulation which may appear to it necessary for this purpose or removing the difficulty.

(1) The Chief Commissioner may, after previous publication, make rules for the purpose of carrying into effect the provisions of this Regulation.

(2) In particular and without prejudice to the foregoing power, such rules may provide for all or any of the following matters namely:-

(i) the manner of preservation or disposal of trees, brushwood, jungles or other natural product under sub-section (2) of section 38;

(ii) the manner of assessment of lands revenue under section 40;

(iii)the manner of assessment of lands revenue on unassessed land under section 41;

(iv) the manner of inquiry into the profits of agriculture and into the value of land used for agricultural and non-agricultural purposes under section 45;

(v) the manner of measurement of lands to which revenue survey extends, construction of survey marks thereon, division of lands into survey numbers and grouping the survey numbers into villages, under section 49;

(vi) the manner of carrying out division of survey numbers into sub-division and the apportionment of the assessment of the survey numbers amongst the sub-division and the limit of the area or land revenue for recognition of sub-division of a survey number, under section 51; (vii) the records in which the area and assessment of survey numbers and sub-divisions of survey numbers may be entered under section 52; (viii) the form and the manner in which and the period for which the table of assessment rates may be prepared and published section 55; (ix) the manner in which the estimated rental value of the land may be determined under sub-section (4) of section 58; (x) the manner in which notice of assessment may be given under section 59; (xi) the manner of altering the boundaries of a village, dividing a village into two or more villages or uniting two or more villages into one, under section 62; (xii) the member of dividing lands in urban areas into plot numbers, recognizing existing survey numbers as plot numbers, reconstituting plot numbers and forming new plot numbers , under section 68; (xiii) the manner of dividing plot numbers into sub-divisions and apportioning the assessment of plot numbers amongst the sub-divisions and the limits, either of area or of land revenue or both, in any local area for recognition of sub-divisions, under section 69; (xiv) the records in which the area and assessment of plot numbers and sub-divisional of plot numbers may be entered under section 70; (xv) the special purposes to which regard may be had in forming blocks under section 71; (xvi) the manner of publishing the standard rates under section 72; (xvii) the manner of determining the average annual letting value of land, and of fixing standard rates of assessment on land held for agricultural purposes under section 73; (xviii) the duties of patwaris under section 79; (xix) the duties of revenue inspectors, town surveyors, assistant town surveyors and measurers under section 81; (xx) the authority by which the field map may be prepared under section 82; (xxi) the form and the manner in which the record-of-rights shall be prepared and maintained under section 83 and the particulars which may be included in the record–of-rights; (xxii) the form of acknowledgement to be given by the patwari under section 84 and sub-section (4) of section 85; (xxiii) the officers by whom and the manner in which objection entered in the register of mutation may be certified under sub-section (5), and the manner in which entries in the register of mutation may be transferred to the record-of-rights under sub-section (6), of section 85 (xxiv) the preparation of land records under section 88; (xxv) the officers by whom and the fees on payment of which certified copies of entries in the record-of-rights may be granted under section 94; (xxvi) the restriction and condition subject to which and the fees on payment of which the public may be allowed to inspect maps and land records under section 95; (xxvii) the specification of, and the manner of construction and maintenance of, boundary marks of villages, survey numbers and plot numbers, under section 96; (xxviii) the manner in which disputes concerning any boundaries may be decided by survey officers under section 109; (xxix) the date on which, the installment in which and the persons to whom land revenue may be paid under section 115; (xxx) the circumstances in which remission or suspension of land revenue may be granted and the rate of such remission or suspension under section 119; (xxxi) the procedure to be observed in effecting attachment and sale of movable and immovable properties and the procedure of publishing conducting, setting aside and confirming sales and all other ancillary matters connected with such proceedings, under section 122; (xxxii) the authority by whom and the manner in which the sale of the interest of the defaulter in the immovable property may be confirmed under section 128; (xxxii (a)) the inspection by officers of land in respect of which a grant has been made or licence has been granted under section 146 and the carrying out by grantees and licencees of such preventive or remedial measures as may be necessary for the protection of plants or crops in such land; (xxxiii) the manner in which reasonable rent payable by a sub-tenant may be determined under sub-section (6) of section 149; (xxxiv) the minimum area of land to be held by two or more tenants, together for making an application for consolidation of their holdings under section 164; (xxxv) the manner in which the scheme of consolidation of holding may be prepared and objections thereto may be invited, under section 167; (xxxvi) the manner of assessment of costs of carrying out the scheme of consolidation of holdings under section 173; (xxxvii) the particulars which an application for the registration of a co-operative farm may contain under section 180; the concessions and facilities to which a co-operative farm may be entitled under section 192; (xxxviii) the manner in which the record of unoccupied lands may be prepared and maintained under section 194; (xxxix) any other matter which is to be, or may be, prescribed.

(1) The Andaman and Nicobar Islands (Land Tenure) Regulation, 1926, is hereby repealed. (2) The repeal of the said Regulation shall not effect,- (a) the previous operation of the said Regulation or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued, or incurred under the said Regulation; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said Regulation; or (d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the said Regulation had not been repealed. (3) Subject to the provision contained in sub-section (2), anything done or any action taken under the said Regulation and the rules made thereunder shall in so far as it is not inconsistent with the provision of this Regulation, be deemed to have been done or taken under this Regulation and shall continue to be in force until done or taken under this Regulation and shall continue to be in force until suppressed by anything done any action taken under this Regulation.

Notwithstanding anything contained in this Regulation- (a) all cases pending before the Chief Commissioner or any revenue officer at the commencement of this Regulation shall be disposed of according to the law which would have been applicable to such cases had his Regulation not been passed; (b) all cases pending before civil court at the commencement of this Regulation which would under this Regulation be triable by a revenue court, shall be disposed of by such civil court according to the law which would have been applicable to such cases had this Regulation not been passed; and (c) all further proceedings with respect to the cases referred to in clause (a) and (b) whether by way f appeal; revision, review or otherwise, shall be taken or instituted and disposed or according to the law which would have been applicable to such proceedings had this Regulation not been passed.