Chapter VII REALISATION OF LAND REVENUE AND OTHER PUBLIC

Land Revenue assessed on any land shall be the first charge on that land on the crops, rents and profits thereof.

Land revenue shall be payable at such times, m such instalments, to such persons, and at such places, as may be prescribed.

An area of land revenue may be recovered by any one or more of the following processes, namely : (a) by Serving a written notice of demand on the defaulter; (b) by distraint and sale of the defaulter's moveable property including the produce of the land; (c) by attachment and sale of the defaulter's immoveable property.

The form and contents of the notice of demand and the officers by whom such notices shall be issued shall be in such manner as may be prescribed.

(1) The distraint and sale of the moveable property of a defaulter shall be made by such officers or class of officers, in such manner as may be prescribed (2) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any property which, under the Code of Civil Procedure, 1908, (5 of 1908) is exempt from attachment or sale in execution of a decree or of any articles set aside exclusively for religious use.

(1) When the Deputy Commissioner is of opinion that the processes referred to in clauses (a) and (b) of Section 60 are not sufficient for recovery of an arrear, he may, in addition to or instead of any of those processes, cause the land in respect of which such arrear is due to be attached and sold in the prescribed manner. (2) The Deputy Commissioner may also cause the right, title and interest of the defaulter in any other immoveable property to be similarly attached and sold.

All sales of property, moveable or immoveable, under this Chapter shall be by public auction held in accordance with such rules as may be prescribed.

No officer having any duty to perform in connection with any such sale and no person employed by or subordinate to such officer shall, either directly or indirectly bid or acquire any property except on behalf of the Government.

Perishable articles shall be sold by auction with the least possible delay and such sale shall be finally concluded by the officer conducting the sale.

Every sale of property, moveable or immovable, under the provisions of this chapter shall as far as may be practicable, be proportionate to the amount of the arrear of the land revenue to be recovered together with the interest thereon and the expenses or attachment and sale.

In all cases of immoveable property, the party who is declared to be the purchaser shall be required to deposit immediately twenty five percent of amount of his bid and the balance within fifteen days of the date of sale.

(1) In default of the payment of deposit referred to in Section 69 the property shall be put up for re-sale and the expenses incurred in connection with the first sale shall be borne by the defaulting bidder. (2) In default of payment of balance of the bid amount within the period prescribed in Section 69 the deposit after defraying there from the expenses of the sale shall be forfeited to the Government and the (3) Where the proceeds of the re-sale are less than the price bid by such defaulting purchaser, the difference shall also be recoverable from him in the same manner as an arrear of land revenue.

Where immoveable property has been sold under this Chapter, the defaulter, or any person owing such property or holding an interest therein, may, at any time, within thirty days of the date of sale or within such further period not exceeding thirty days as the Deputy Commissioner may for sufficient cause allow, apply in the prescribed manner to the Deputy Commissioner to have the sale set aside ; (a) on the ground of some material irregularity or mistake or fraud resulting in substantial loss or injury to him, or (b) on his depositing in the Deputy Commissioner's office the amount of the arrear specified in the proclamation of sale, the cost of the sale and for payment to the purchaser, as sum equal to five percent, of the purchaser money.

if, on the expiration of thirty days from the date of sale of any immoveable property or of the further period, if any allowed under Section 71, no application has been made and rejected, the Deputy Commissioner shall make an order confirming the sale unless, for reasons to be recorded, the Deputy Commissioner sets aside the sale notwithstanding that no application therefore has been made.

(1) The Deputy Commissioner shall order the refund and payment to the purchaser, of:- (a) the amounts deposited by him under Section 69 and (b) the sum equal to five percent of the purchase money deposited under clause (b) of Section 71, if the sale is not confirmed or is set aside. (2) The Deputy Commissioner shall order the refund and payment of all the money deposited under clause (b) of Section 71 to the person who made the deposit, if- the sale is confirmed ; Provided that the Deputy Commissioner may set of the whole or any part of any such money against any arrear of land revenue, or any other arrear recoverable as an arrear of land revenue, which may be outstanding against the person who made the deposit.

The proceeds of the sale of any property under this chapter shall be applied in defraying the expenses of the sale which shall be determined in the prescribed manner and the balance shall be applied to the payment of the arrears on account of which the sale was held and the surplus, if any, shall be paid to the person whose property has been sold.

The person who has purchased any land and to whom a certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for any period prior to the date of the sale.

When the crop of any land or any portion of the same is sold, mortgaged or otherwise disposed of,the Deputy Commissioner may, it he thinks it necessary, prevent its being removed from the land until the demand for the current year in respect of the said land is paid, whether the date fixed for the payment of the same has arrived or not.

The following money may be recovered under this Act in the same manner as an arrear of land revenue, namely : (a) rent, fees and royalties due to the Government for use or occupation of land or water or any product of land ; (b) all moneys falling due to the Government under any grant, lease or contract which provides that they shall be recoverable as arrears of land revenue ; (c) all sums declared by this Act or any other law for the time being in force to be recoverable as an arrear of land revenue

(1) A revenue officer, while exercising power under this Act or any other law for the time being in force to inquire into or to decide any question arising for determination between the Government and any person or between parties to any proceeding, shall be a revenue court and when trying such disputes shall be guided by the principles of the Civil procedure Code, 1908 in respect of summoning witnesses, production of documents recording of evidence and other relatable provrsions. (2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue court to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the revenue court.

(1) The Government-may transfer any case or class of cases arising under this Act or any other law for time being in force from any revenue officer to any other revenue officer competent to deal with it. (2) The Deputy Commissioner may transfer any case or class. of cases arising under this Act or any other law for the time being in force for inquiry or decision from his own file or from the file of the revenue officer subordinate to him to another officer competent to deal with such case or class of cases.

Where any order is passed under this Act directing any person to deliver possession of land or directing the eviction from land, such order shall be executed by the competent authority in such manner as may be prescribed and it shall be lawful for such authority, in accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may be reasonably necessary for securing compliance with the order.

(1) Save as otherwise expressly provided, an appeal shall lie from every original order passed under this Act. (a) If such an order is passed by an Officer sub-ordinate to the Deputy Commissioner, to the Deputy Commissioner. (b) If such an order is passed by the Deputy Commissioner to the Government represented by the concerned Secretary ; (c) if such an order is passed by Assistant Survey and settlement Officer, to the survey and settlement Officer or to a revenue officer notified by the Government in the official Gazette as the appellate authority ; and (d) If such an order is passed by a survey and settlement officer, to the Director of settlement and land records or to a revenue officer notified by the Government in the official Gazette to be the appellate authority. (2) A second appeal shall lie against any order passed in first appeal ; (a) if such an order is passed under clause (a) of sub-section (1 ), to the Government; (b) if such order is passed under clause (c) of sub-section (1 ), to the Director of settlement and land records or to a revenue officer notified by the Government in the Gazette to be the second appellate authority and (c) If such an order is passed under clause (d) of sub-section (1 ), to the Secretary concerned in the Government.

(1) No appeal shall lie, - (a) in the case of first appeal, after the expiry of thirty days from the date of the order appealed against ; and (b) in the case of a second appeal, after the expiry of sixty days from the date of the order appealed against. In computing the above periods, the time required to obtain copies of the order appealed against shall be excluded.

The Government represented by the concerned Secretary or the Deputy Commissioner may, at any time, either on his own motion or on the application of any party, call for the records of any proceedings before any revenue officer subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order passed by such revenue officer, and may pass such order in reference thereto as he thinks fit : Provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties, notice to appear and be heard.

(1) A revenue officer may, either on his own motion or on the application of any party interested review any order passed by himself or by any of his predecessors-in-office and pass such order in reference thereto as he thinks fit. Provided that a revenue officer subordinate to the Deputy Commissioner shall, before reviewing an order under this section, obtain the permission of the Deputy Commissioner and the Deputy Commissioner shall, before reviewing any order passed by any of his predecessors- in-office obtain the permission of the Government. (2) No order affecting any question of right between private persons shall be reviewed except on the application of a party to the proceedings or except after notice to the other party and no application for the review of such order shall be entertained unless it is made within ninety days from the date of the order. (3) No order shall be reviewed except on the following grounds, namely ; (i) discovery of new and important matter of evidence; (ii) some mistake or error apparent on the face of the record, or (iii) any other sufficient reason. (4) For the purpose of this section, the Deputy Commissioner shall be deemed to be the successor in- office of any revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to whom there is no successor in the district. (5) An order which has been dealt with in appeal or on revision shall not be reviewed by any officer subordinate to the appellate· or revisional authority.

(1) A revenue officer who has passed any order or his successor-in-office may, at any time before the expiry of the period prescribed for Appeal, direct the stay of execution of such order for such period as he thinks fit provided that no appeal has been filed. (2) Any authority before whom a case is pending in appeal or revision may direct the stay of execution of the order appealed against or under revision for such period as it may think fit. (3) The revenue officer or other authority directing such stay of execution of any order may impose such conditions, or order such security to be furnished, as he or it may think fit.

(1) Every person, who. at the commencement .ot this Act, holds any land from the Government for agricultural purposes, and his successors-in-interest shall, subject to the provisions of sub-section (2), became the owner thereof as and from such commencement. (1A) Every person, who holds valid land possession document issued by the competent authority, outside notified forest shall be entitled to be conferred ownership rights on such terms and conditions, as may be prescribed. Provided that all leases of Government land on the date of commencement of the Act, shall continue to hold such land on lease as per original terms of allotment until such time as appropriate rules for allotment of Government land for purposes other than agriculture are framed under appropriate provisions of the Act with the right to transfer the allotted land to any member of a indigenous Arunachal Pradesh Scheduled Tribe of the State on payment of fees as may be prescribed by the Government. (2) No rights shall accrue under sub-section (1) in respect of lands which :- (i) are a part of the bed of a river, nallah, a stream or a public tank, or (ii) have been acquired by the Government for any purpose according to th·e provisions of any law in force for the time being relating to acquisition of land, or (iii) have been used at any time during the five years. immediately preceding the commencement of this Act for any public, community or village purpose, or (iv) are declared by the Government by notification in the official Gazettes as reserved or required for any public, community or village purpose. (3). Objections to accrual of rights under subsection (1) may be filed before the competent authority within such time and in such form and manner as may be prescribed by any person who has interest or claims to have an interest in the land either in h:s individual capacity or as a member of the village or community. (4) should any objection be made under subsection(3), the competent authority shall inquire into objection in such manner as may be prescribed and decide the same. (5) subject to the provisions of this Act the decision of the competent authority shall be final. (6) Every person who, at the commencement of this Act, holds land from the Government for a purpose other than agriculture shall, subject to subsection (2), be entitled to the settlement of that land on such terms and conditions as may be prescribed. (7) Nothing in this section shall entitle any person to the sub-soil rights in respect of the land, of which he has become the land owner under subsection(1 ), or which has been settled with him under sub-section (6).

(1) Every persons who has become a landowner under sub-section (1) of section 88 shall:-(a) have transferable rights in the land to the successor subject to the declaration and satisfaction of the District authorities. (b) be e11 titled by himself, his servant, tenants, agent or their representatives to erect farm buildings, construct wells or tanks or make any other improvements thereon for the better cultivation of the land or its convenient use. (c) be entitled to plant trees on the land, to enjoy the products thereof and to fell, utilise or dispose of the timber of any trees on the land. (2) Nothing in sub-section (1) shall entitled a land owner to use his land to the detriment of any adjoining land which is not his or in contravention of the provisions of any other law for the time being in force applicable to such land.

(1) Where the Deputy Commissioner is satisfied that any land has remained uncultivated for a period not less than two consecutive years otherwise than in accordance with rules made in this behalf under this Act, and that it is necessary for the purpose of ensuring the full and efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed lease out the land in accordance with rules made under this Act. (2) Any lease made under sub-section (1) shall be deemed to be a lease made by the landowner under sub-section (1) of section 90.

(1) Subject to any rules that be made under this Act landowner may relinquish his rights in respect of any land in his possession in favour of the Government by giving a notice in writing to the competent authority in such form and manner as may be prescribed, not less than three months before the close of any year and thereupon, he shall cease to be a landowner in respect of that land from the year next following the date of notice; Provided that relinquishment of only a part of a holding or of a holding which, or part of which is subject to an encumbrance or charge, shall not be valid. (2) If any person relinquishes his rights to a land under sub-section (1 ), the way to which lies through other land retained by him, any future holder of the land relinquished shall be entitled to a right of way through the land retained.