Bare Act
Chapter V LAND AND LAND REVENUE
Chapter V LAND AND LAND REVENUE
38. Ownership of land
(1) All land in the Union territory of the Andaman and Nicobar Islands is vested absolutely in the Government, and, save as provided by or under this Regulation, no person shall be deemed to have acquired any property therein or any right to or over the same by occupation, prescription or conveyance or in any other manner what so ever except by a conveyance executed by, or under the authority of, the Government. (2) The right to all trees, brush-wood, jungles or other natural product wherever growing, expect in so far as the same may be the property of any person, vests in the Government and such trees, brushwood, jungles or other natural product shall be preserved or disposed of in such manner as may be prescribed keeping in view the interests of the people the area with regard to the user of the natural products. (3) All such 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 any local authority by the side of any road belonging to the Government, shall vest in the Government. (4) Where a dispute arises in respect of any right under sub-section (1) or sub-section (2) or sub-section (3) such dispute shall be decided by the Deputy Commissioner. (5) Any person aggrieved by any order passed under sub-section (4) may institute a civil suit to contest the validity of the order within a period of one year from the date of such order. (6) Where a civil suit has been instituted under sub-section (5) against any order, such order shall not be subject to appeal or revision under this Regulation.
Chapter V LAND AND LAND REVENUE
39. Liability to pay land revenue
All land, to whatever purpose applied and wherever situated, is liable to the payment of land revenue to the Government, except such land as has been wholly exempted from such liability by special grant of, or contract with, the Government, or under the provisions of any law for the time being in force.
Chapter V LAND AND LAND REVENUE
40. Variation of land revenue according to purpose for which land used
(1) The assessment of land revenue on any land shall be made, or shall be deemed to have been made, as the case may be. With reference to the use of land— (a) for the purpose of agriculture; (b) as sites for dwelling houses; (c) for industrial or commercial purposes; (d) for any other purpose. (2) No land assessed for use for any one purpose shall be diverted to any other purpose without the previous permission of the Sub-Divisional Officer. (3) Where land assessed for use for any one purpose is diverted to any other purpose, the land revenue payable upon such land shall, not-withstanding that the term for which the assessment may have been fixed has not expired, be liable to be altered and assessed in accordance with the purpose to which it had been diverted. (4) Where any land held free from the payment of land revenue on condition of being used for any purpose is diverted to any other purpose it shall become liable to the payment of land revenue and shall be assessed in accordance with the purpose to which it has been diverted. (5) The assessment made under sub-section (3) or sub-section (4) shall be in accordance with the rule made under this Regulation. (6) Where any land used for any purpose is diverted to any other purpose, and land revenue is assessed thereon under the provisions of this section, the Sub-Divisional Officer shall also have power to impose a premium on the diversion in accordance with the rules made under this Regulation. Provided that no premium shall be imposed for the diversion of any land for charitable purposes.
Chapter V LAND AND LAND REVENUE
41. Assessment on unassessed land
On all lands on which the assessment of land revenue has not been made before the commencement of this Regulation, such assessment shall be made by the Deputy Commissioner in accordance with the rules made under this Regulation.
Chapter V LAND AND LAND REVENUE
42. Responsibility for payment of land revenue
(1) The primary responsibility for payment of land revenue shall not lie on the tenant, but where a tenant has sub-let for any period any land comprised in his holding and he defaults in the payment of land revenue, such and revenue shall be payable by the sub-tenant and the sub-tenant shall be entitled to credit from the tenant the amount paid by him. (2) Where there are two or more persons liable to pay land revenue under sub-section (1), all of them shall be jointly and severally liable for its payment.