The Andaman and Nicobar Islands Land Improvement Schemes Regulation, 1963

(1) This Regulation may be called the Andaman and Nicobar Islands Land Improvement Schemes Regulation, 1963. (2) It extends to the whole of the Union Territory of Andaman and Nicobar Islands. (3) It shall come into force on such date as the Chief Commissioner may, by notification in the Official Gazette, appoint.

In this Regulation, unless the context otherwise requires,— (1) "Area Committee" means the Area Land Improvement Committee constituted under section 11; (2) "Board" means the Andaman and Nicobar Islands Land Improvement Board constituted under section 8; (3) "Chief Commissioner" means the Chief Commissioner of the Andaman and Nicobar Islands; (4) "Deputy Commissioner" means the Deputy Commissioner of the Andaman and Nicobar Islands and includes any other officer specially appointed by the Chief Commissioner to perform the functions of a Deputy Commissioner under this Regulation; (5) "erosion" means the removal or displacement of earth, stones or other materials by the action of wind or water; (6) "Executive Officer" means an officer appointed under section 18 to execute a scheme; (7) "Inquiry Officer" means an officer appointed under sub-section (5) of section 14; (8) "Official Gazette" means the Andaman and Nicobar Gazette; (9) "owner"— (a) in relation to land situated in the Andaman Group of Islands means a person to whom a grant has been made, or a licence or permit has been granted, under the Andaman and Nicobar Islands (Land Tenure) Regulation, 1963, and includes a mortgagee with possession, or a lessee or a sub-lessee; (b) in relation to land situated in the Nicobar Group of Islands means a person who is in lawful possession of any land; (10) "prescribed" means prescribed by rules made under this Regulation; (11) "reclamation" includes cultivation, reforestation or any other improvement of land; (12) "scheme" means a Land Improvement scheme prepared under this Regulation; (13) "waste land" means any land, which for a period of not less than three consecutive years has been lying waste on account of water-logging, salinity, presence of sand, growth of weeds, soil erosion or any other cause or has been lying uncultivated; (14) "work" means a work constructed, owned or carried out under a scheme and includes a pasture or a nursery provided or raised under a scheme; (15) the expressions "cattle", "forest-produce", "timber" and "tree" have the meanings respectively assigned to them in the Indian Forest Act, 1927.

When it appears to the Chief Commissioner that in any area it is desirable to provide for the conservation of soil or water or the prevention or mitigation of erosion of lands, the Chief Commissioner may, by notification in the Official Gazette, declare the area to be a notified area for the purposes of this Regulation.

In respect of any notified area or part thereof the Chief Commissioner may, by order published in the Official Gazette, regulate, restrict or prohibit— (a) the clearing or breaking up of land for cultivation or the cultivation of land; (b) the quarrying of stone or the burning of lime; (c) the cutting of trees and timber or the collection or removal or subjection to any manufacturing process, otherwise than as described in clause (b), of any forest produce for any purpose; (d) the setting on fire of trees, timber or forest-produce; (e) the admission, herding, pasturing or retention of cattle or any class or description of cattle; and (f) the grant of permits to the inhabitants of towns and villages situated within the limits or in the vicinity of the area specified in the order— (i) to take any tree, timber, or forest-produce for their own use; or (ii) to pasture cattle; or (iii) to erect buildings in such areas and the production and return of such permits by such persons.

(1) Upon the publication of an order under section 4, the Deputy Commissioner shall cause to be published in every village or town in which any part of the area specified in such order is situated a proclamation (in Hindi and English and in such other language as the Deputy Commissioner may consider necessary) as provided in sub-section (2). (2) The proclamation referred to in sub-section (1) shall contain the terms of the order and shall also require every person claiming any compensation in respect of any right, the exercise of which is restricted or prohibited by the order, to prefer his claim to the Deputy Commissioner with such particulars and within such period as may be prescribed. (3) Any claim not preferred within the prescribed period shall be rejected: Provided that the Deputy Commissioner may allow a claim to be preferred after the expiry of the prescribed period if he is satisfied that the claimant had sufficient cause for not preferring the claim within such period.

(1) The Deputy Commissioner shall proceed to enquire in the prescribed manner into every claim preferred under section 5. (2) For the purpose of such inquiry, the Deputy Commissioner shall exercise all or any of the powers of a civil court for the trial of suits under the Code of Civil Procedure, 1908. (3) The Deputy Commissioner shall, after such inquiry, make an award in writing with respect to each such claim, setting out therein the following particulars, namely:— (i) the person to whom compensation is to be paid; (ii) the nature and extent of the right claimed; (iii) the extent to which the claim is upheld; (iv) the amount of compensation awarded and the persons to whom it is payable. (4) The Deputy Commissioner shall give notice in the prescribed manner of his award to claimants or their representatives and to persons to whom compensation is payable.

(1) In determining the amount of compensation, the Deputy Commissioner shall be guided, so far as may be, by the provisions of sections 23 and 24 of the Land Acquisition Act, 1894, and as regards matters which cannot be dealt with under those provisions, by what is just and reasonable in the circumstances of each case. (2) The Deputy Commissioner may, with the sanction of the Chief Commissioner and the consent of the person entitled, instead of money compensation, award compensation in land or by reduction of revenue or in any other form. (3) If in any case, the exercise of any right is prohibited or restricted for a time only, compensation shall be awarded only in respect of the period during which the exercise of such right is so prohibited or restricted.

(1) The Chief Commissioner may, for the purpose of carrying out the provisions of this Regulation, constitute for the whole of the Andaman and Nicobar Islands a Board called the Andaman and Nicobar Islands Land Improvement Board. (2) The Board shall consist of— (a) the Deputy Commissioner who shall be the Chairman, ex-officio; (b) two members to be nominated by the Chief Commissioner; (c) the Conservator of Forests, ex-officio; (d) the Principal Engineering Officer, ex-officio; (e) the Director of Agriculture, ex-officio; (f) the Secretary and Financial Adviser to Chief Commissioner, ex-officio; (3) Such officer as may be nominated by the Chief Commissioner in this behalf shall be the Secretary to the Board. (4) The Chief Commissioner may, from time to time, either suo motu, or on the advice of the Board, appoint any other person to be a member of the Board for such period as the Chief Commissioner may think fit. (5) The term of office of the members referred to in clause (b) of sub-section (2) shall be one year: Provided that the term of office of a member nominated to fill a casual vacancy shall be for the remainder of his predecessor's term of office. (6) If there is a difference of opinion amongst the members of the Board regarding any question under this Regulation, the decision of the majority of the members present shall prevail: Provided that when their opinion is equally divided, the Chairman shall have and exercise a casting vote. (7) A non-official member may, at any time by notice in writing to the Chairman, resign his office. (8) All communications and orders of the Board shall be issued by the Secretary or by such officer subordinate to him as may be authorised by the Board in this behalf.

The Chief Commissioner may, by order, direct the Board to prepare plans and estimates for a scheme in respect of any notified area or part thereof.

The functions of the Board shall be— (a) to direct either at its own instance or on the order of the Chief Commissioner under section 9, the preparation by the Area Committee of schemes; (b) to consider and approve the schemes prepared by the Area Committee; (c) to devise ways and means for the execution of the schemes approved by it; and (d) to perform such other functions as may be specified in this Regulation or in any rules made thereunder.

(1) The Board shall, after the issue of a direction under section 9, constitute a committee called the Area Land Improvement Committee consisting of— (i) the Assistant Commissioner; (ii) an officer of the Government, other than the Assistant Commissioner, to be called the Land Improvement Officer; (iii) a person nominated by the Board from amongst persons whose interests in the opinion of the Board may be affected by the proposed schemes; and (iv) a person having special knowledge of the subject matter of the scheme. (2) The Assistant Commissioner shall preside over the meetings of the Area Committee. (3) The Land Improvement Officer shall be ex-officio Secretary to the Area Committee.

The functions of the Area Committee shall be— (a) to make recommendations to the Board as to the areas in the notified area for which schemes may be prepared; (b) to prepare schemes for areas in the charge of the Assistant Commissioner; (c) to perform such other functions pertaining to land improvement as may be specified in this Regulation or in the rules made thereunder; and (d) to carry out the instructions issued by the Board from time to time.

A scheme may provide for all or any of the following matters, namely:— (a) improvement of land; (b) conservation or improvement of sub-soil water or moisture or of other soil or water resources; (c) prevention or mitigation of soil erosion; (d) reclamation of waste land; (f) improvement in the methods of cultivation and extension of cultivation; (g) construction of earth works and masonry works in fields, gullies and ravines, including construction of catch-water drains and contour bunding, wherever necessary; (i) training of streams; (j) prohibition or control of grazing or reservation of land for pasture; (k) planting of trees, shrubs and grass for reforestation or for any other purpose of preservation of uncultivable land or providing shelter belts; (l) regulation or prohibition of firing of vegetation; (m) improvement of water supply; (n) sediment control; (o) land drainage; (p) farm irrigation; (q) control of the use of land farming swamps and water channels; and (r) any other matter which is supplemental and incidental to the scheme.

(1) The Board may, of its own motion or under direction of the Chief Commissioner, direct the Area Committee to prepare a draft scheme for any area or part thereof. (2) In respect of any area in the Andaman and Nicobar Islands or the area referred to in sub-section (1), the Land Improvement Officer shall, if necessary, or when so directed by the Area Committee, in accordance with such instructions as may be given for the preparation of a scheme, prepare a draft scheme containing (a) the objects of the scheme; (b) the boundaries and approximate area of the land to be included in the scheme; (c) the persons, including the Government who will be affected by the scheme; (d) the works, if any, to be carried out under the scheme; (e) the agency or agencies through which the works shall be carried out; and (f) such other particulars as may be prescribed. (4) The draft scheme so prepared shall be submitted by the said officer to the Area Committee which shall forward it in its comments to the Board; the Board may approve the draft scheme with or without modifications or may reject it and prepare or cause to be prepared another draft scheme. (5) Whenever the Board approves any draft scheme, the Chief Commissioner shall appoint an officer called the Inquiry Officer for the purposes hereinafter specified.

(1) Copies of every draft scheme approved by the Board, together with the connected maps and plans, if any, shall be forwarded to the Deputy Commissioner and shall be made available by him for inspection by the public free of charge in every village, and at the headquarters of the tehsil in which the lands proposed to be included in the draft scheme are situated, and at such places as the Deputy Commissioner may direct. (2) A general notice shall be published in the Official Gazette and in such other manner as the Deputy Commissioner may direct— (a) intimating that the draft scheme has been prepared, that copies thereof have been kept and may be inspected by the public, free of charge, at the places specified in sub-section (1) and that copies of the draft scheme may be obtained on payment of the cost thereof, which shall be specified in the notice, from the Deputy Commissioner and also from such other officer as may be specified in the notice; (b) requiring all persons affected by the draft scheme who wish to object to it or to any part thereof, to submit their objections in writing to the Inquiry Officer or to appear before him and state their objections, within thirty days of the publication of the notice. (3) Separate notices to the same effect shall also be served in the prescribed manner on all owners of the lands affected by the draft scheme and on all persons shown in the village records as interested in such lands so far as such notices may be practicable.

The Inquiry Officer shall inquire into the objections received or recorded by him and submit them to the Area Committee to consider together with his report thereon and his recommendations, if any, for the modification of the draft scheme.

(1) After considering the objections and the report, and recommendations of the Inquiry Officer and any further report which the Board and the Area Committee may require from him, the Area Committee shall forward the draft scheme to the Board with its comments. (2) The Board may sanction the draft scheme with or without modifications or may reject it and direct that in lieu thereof, a fresh draft scheme be prepared and submitted for its sanction: Provided that it shall submit the draft scheme to the Chief Commissioner for his orders— (a) where the owners of more than fifty per cent of the area of the lands included in the draft scheme other than Government lands have made objections to the draft scheme or part thereof; or (b) where the draft scheme has been prepared in pursuance of an order of the Chief Commissioner under section 9. (3) Where a draft scheme is submitted to the Chief Commissioner under the proviso to sub-section (2), he may sanction the draft scheme with or without modifications or may reject it and direct that a fresh scheme be prepared and submitted for his sanction. (4) The scheme as sanctioned by the Board or the Chief Commissioner, as the case may be, shall be published in the Official Gazette and copies thereof shall be made available in every village and at the headquarters of the tehsil in which the lands included in the scheme are situated, at such places and in such manner as the Deputy Commissioner may direct. (5) On and from the date of its publication in the Official Gazette, the scheme shall come into force and shall have effect. (6) The Board may, for the purposes of carrying out the objects of the scheme which has come into force under sub-section (5) make bye-laws requiring any person or persons or the public generally to take certain action or to refrain from doing certain acts in respect of any matters supplementary and incidental to the scheme.

When a scheme comes into force, the Chief Commissioner shall appoint an officer, called the Executive Officer, to execute it.

(1) Owner of land included in the scheme shall pay the cost or part of the cost, as the case may be, of the works which, under the scheme are carried out by the Government in his land at the cost or part of the cost of the owner. (2) If the owner of the land included in the scheme desires to carry out himself under technical guidance provided free by the Deputy Commissioner any works which under the scheme are to be carried out in his land by the Government, at the cost or part of the cost of the owner, he shall give notice in writing to that effect to the Area Committee within thirty days of the publication of the scheme in the Official Gazette in the village concerned whichever is later. (3) On receipt of such notice, the Area Committee shall inform the owner of the works which are to be carried out in his land and shall fix a date before which the owner shall carry out the works. (4) If such owner fails to carry out such works to the satisfaction of the Area Committee before the date fixed or within such further time as may be allowed or at any time intimates to the Area Committee in writing that he is unable to carry out any work before that date, the Committee may require the Executive Officer to carry out the work and recover the expenses incurred for the purpose from the owner in such manner as may be prescribed. (5) Where the owner of the land included in a scheme is the Government, the Department of the Andaman and Nicobar Islands administration which has the control or management of such lands or the Executive Officer, if so directed in this behalf by the Area Committee, the Board or the Government shall carry out the works which the Government as the owner of the land is liable to carry out under the scheme.

(1) If in consequence of any work carried out under the scheme, any person (including the Government) other than the owner of the land in which the work is done, is likely to be benefited, such person shall pay such amount and within such time as the Board may determine, to the owner of the land if the work is carried out by him, or to the Government if the work is carried out by the Executive Officer: Provided that before any person is required to pay any such contribution, he shall be given a reasonable opportunity of making his representation, if any, in regard to the matter: Provided further that any such contribution may be waived by the Government in whole or in part in respect of any work carried out in land owned by it. (2) If default is made in the payment of such contribution within the time determined in that behalf in pursuance of sub-section (1), the Deputy Commissioner or any officer authorised by him in this behalf shall recover it from the defaulter and pay the same to the owner of the land in such manner as may be prescribed.

(1) Notwithstanding anything contained in this Regulation the Chief Commissioner may in the case of any scheme which has come into force under sub-section (5) of section 17, direct by notification in the Official Gazette that any work under the scheme to be carried out by the owner of the lands shall be carried out by the Government and that the cost of such work shall be recovered in whole or in part from the owners of the lands included in the scheme in such proportion as the Chief Commissioner may fix having regard to the area or assessment or both of the lands included in the scheme. (2) The cost directed to be recovered under sub-section (1) together with interest thereon at such rate as the Chief Commissioner may determine, shall be recoverable from the owners concerned in such number of equated annual instalments payable on the date appointed for the payment of the first instalment of land revenue as may be prescribed: Provided that where a person commits default in the payment of any instalment, the entire unpaid balance shall become immediately payable.

(1) The Executive Officer shall, on completion of the work prepare a statement giving, for any specified area, the following particulars, namely:— (a) (i) the work done; (ii) the cost thereof: (iii) the total amount to be recovered from the owners; (iv) the general rate per acre or per rupee of assessment per annum at which such amount is to be recovered from the owners; (v) the period within which such amount is to be recovered; (vi) the work which in his opinion shall be maintained and repaired individually or jointly and the name of every such person; (b) if in the case of any survey number or sub-division of survey number, the owner is not liable to repair or maintain works therein, or if the cost is to be recovered from an owner at a rate other than the general rate, a list of such survey numbers or sub-divisions and the rate at which the cost is to be recovered from the owner or owners of such survey numbers or sub-divisions; (c) a map showing the work carried out in the village; (d) such other matters as may be prescribed. (2) When a statement is prepared under this section, any rights and liabilities shown therein shall be entered in the record of rights or where there is no record of rights, in such village record and in such manner as may be prescribed and shall thereafter form part of such record of rights or such village record.

(1) Every person shown in the statement prepared under section 22 as liable to maintain and repair any work shall, to the satisfaction of the Deputy Commissioner and within such time as that officer may fix, maintain and repair the work in his own land and in any other land in respect of which he is shown as liable in the said statement and shall undertake such follow up soil conservation practices as may be prescribed. (2) If any person fails to maintain or repair the work within the time fixed by the Deputy Commissioner under sub-section (1), the Deputy Commissioner shall himself get the work executed or repaired and shall recover the cost thereof from such person. (3) Any dispute as to the amount of the expenses shall be decided by the Deputy Commissioner and his decision thereon shall be final.

(1) If the board is satisfied that for the purpose of executing any scheme of reclamation of waste land sanctioned under this Regulation, it is necessary that temporary possession of any waste land should be taken, it may, by order in writing, direct the Deputy Commissioner to take temporary possession of such land on behalf of the Government on such date as may be specified in that order. (2) The order shall be made in such form, and brought to the notice of the owner or owners of the land in such manner, as may be prescribed. (3) On the date specified in the order, the Deputy Commissioner or any other officer authorised by him in this behalf shall enter upon and take possession of the land on behalf of the Government.

The functions of the Board shall be as follows: (i) to direct either at its own instance or on the order of the Chief Commissioner under section 6 of the said Regulation the preparation by the Area Committee of schemes. (ii) to consider and approve the schemes prepared by the Area Committee. (iii) to devise ways and means for the execution of the schemes approved by it; and (iv) to perform such other functions as may be specified in the said Regulation or in the rules made thereunder.