Andaman and Nicobar Islands Land Improvement Scheme Regulation 1963

ANDAMAN AND NICOBAR GAZETTE Promulgated l1y the President in th> Fourteenth Year of the : I. EXTRAORDINARY Published By Authority G No. ?. Port Blair, Thursday, March :!8, 196::l/Cbaitra 7, 1885. ANDAMAN AND NICOBAR ADMINISTRATION Chief Commissioner's Secretariat NOTIFICATION Scheme Reglllatio,1. IH(j:i (.\o. 2 of l'.l(f,) which \\,h publish cl in the Uar.ctte of India Extraonlinurv L'art [ r, ::it-ct ion I date i. :..:nd )brl'I,, l !J(i:; is rcpubl isired Lclow for generalill forma tion. By order, I", ' v?) A Roaulation to provide for the preparation and execution of land improvement schemes including schemes for the conservation and improvement of soil resources, the pre­ vention or mitigation of soil erosion, the protection of land »gainst damage by floods or drougl1t. a 11d the r. clamation of waste land iu the Andaman and K icobar Islands. Tn exercise of the power s couf'crrrrl bv clause ( 1) of articlo 21,0 of the Constit.ution, tlie J'rcsi<lent is pleased t0 promulgate the fol'owing .RC>g11lationma:le by him. 1. ( l) 'l l1is ltcgulation may be called the Andaman and ihort title, Kirolmr Islancl? T.:rnd Tmprnn'me11t Scliemes Reguiation, H)63. exten and commencement ( :?) It extcntl.:; to th(1 ·whole of' tho Union 'l'cnitory oE An<ln.man (3) It "hall co111e into force on f'-ucl1 date as Jhe Cltiel' Commi?­ ,i,,11cr way, by notification in th? Oflicial Gazette. appoint. Price : RupPe one and Twenty-five Paille Only. 2. In this Ilcg-uJatjon,unless the context otlicr11·isc 1·c<:uirc,,­ (I) "Aua Committee" means the Area Land Impr0Yrn1en1Committee constit11tct: 1rnclc1· section 11; THE ANDAMAN AND NICGBAR GAZETTE, EXTRAORDI?ARY,>URCH :!'-,, 1963 Definitions. ( :?) ''Chief Commission(:'r" rneaus I.he Oliicf Comm is:-ioucrof the Andaman and Nicoba1· Islands; (4) "De,rnty Coinmhsioncr" means the Deputy Commis­sioner of the Andaman and Nicobar Islsncls and includes un v other officer Rpecially appointed by the Chief Commissioner t?perform the functions or a Deputy Commissioner nnrcr thi,cn egu Jation ; (6) "eros'on" nwans the removal or displacement of eart Ji,stones or other materials fiy the action of wind or \l"ater; (9) "oinrnr",- (a) in relation to land sit11ated in the Andam,tn Grnupof Islands means II pcr?on tu whom a grant. bas Leen made,or a licence 01· pormir has heen granted, under, the And:un:-in Reguia­and Nirohn.r !?lands (Land Tenure) P.,rgnl.1,tion,19:'::Gand in- ??0??.IC ofclucles a mortgagee 1rith po?ses::-io11,or a lessee a s11lt-Je?sc?; (b) in relation to land sitwttecl j11 t.l1e I\icok11.· Groupor Jslan<ls means a person wh o ii in lawf'n! po?scssion of Hl!J'land; •Jthcl' improvement of Lind: rai.;od under a -;c-i,emf': :6 of 1926. UJI .\. P'f 1-;tt, If Notification Qf areas. 3. ""\Vhc11on,rit appear, to tl,o Chiel' Cr mudssioner tliilt in an.\:u·ea. it is desirc.tlJle to proYidc l'or the conrnnation of s11lJ-rnil warer or the prc\·ention m· mitigation 01· erosion of bncls, the Chief Co111mi,,­sioner tnay, by 110tification in ll!e Official G,uette, declare the a1't:Lt.o be n, notified are,i for the _purposes of ilris Regulation. THE ANDA\'IAN AND NICOBAR GAZETTE, EXTRAORDINARY, MARCH 28, 1963. 3 .1,. Io respect of any notified area or part thereof the Chief Pewer to. rsgu- . . line, restrjct erCo mmissio ner rriay, by order publ ished in the Official Gazette, prohibit ecrt11h1 regulate, restrict or prohibit- matters witbill notified areas. (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; ( e) 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 l the admission, herding, pasturing or retention of cattle or any class or description of cattle; and ( f) the grant of permits to the inhab itan ts of towns and villages situated within tne limits or in the vicinity of the area specified in the order - (i ) to take any tree, tim ber, or forest-produce for their own use; or (ii) to pasture cattle; or (iii} to erect buildings in such areas and the produc­ tion and return of such permits by such persons. 5. ( I ) Upon the publicat i rn of an order under section ,t., the Proclamation Deputy Commissioner shall cause to be pubnshed in every vilJa?e?fc?i?dne4???er or town in which any part of the area specified m such order is ad,pis,ioa of situated a proclamation (in Hindi and English and in such other ?:1:ri!?rcom· language as the Deputy Commissioner may consider necessary) asprovided in sub-section (:.:). ( 2) The proclamation referred to in sub-section (1) shall contain the terms of the order and shall also require every personclaiming 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 orescribcd. , 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 be is satisfied that the claim, nt had suflicient cause .for not preferring thr- claim wirhiu such period. 6. ( J i The Depu l? Com mrsvioner shall proceec to enquire in Jrquiri.!s iutot'i; prcscrib d manner into every cla.m pre lerred under section 5. claims and award of cornpensa- (2 Fer the purpose of .?uch inquiry. the Dcputv Cornrnis- tion sioicr II a) cxcr. ise all or a. · o. t he pn\.\LJS of a civil court for ,) ot 19():,,, the trial ,A st, ts under tl,c -., Je of Civil Procedure, mos. 11) ThP Denury Com--iss10ner shall, :> Ire r such inquiry,make an award in wr iung wi.h respect to eac.. such claim, setting cu- therein, the f I,\ i. g 1, i ... ula1 (;11 the nature ad exteut of the nghc claimed: 1 iii) the extent t.., which the claim is upheld; persons to whom it is p?1· able. ( .J,) The Deputy Commissioner shall give notice in theprescribed manner of his award to claimants or their repre­sentatives and to persons to whom compensation is pay?hle, 7 (l) ln determining the amount of compensation. theDeputy Commissioner shall be guided, so far as may be,by the provisions of sections :rn and i4 of the Land Acquisi-tion Act. 1894, and as regar':ls m rtters which cannot be dealt 1 or 1s94with under those provisions, by what is just and reasonable inthe circumstances of each case. (2) The Deputy Commissioner may, with the sanctionof the Chief Commissioner and the consent of .he personentitled, instead of money compensation, a ward compensa­tion in land or by reduction of revenue or in any other form. (3) If in any case, the exercise of any right is prohibitedor restricted for a time only, compensation shall be awardedonly in respect of the period during which the exercise ofsuch right is so prohibited or restricted. CHAPTER III T: '.,f-- eon11titulio11 of lhe Board. 8. (1) The Chief Commissioner may, for the purpose ofcarrying out the provisions of this Hegulation, constitu•efor the whole of the Andaman and Nicobar Islands a Boardcalled the Andaman and Nicobar Islands Land J mpro,·ementBoard. (2) The Board shall consist of- (a) the Deputy Commissioner who shall be theChairman, exofficio; (b) two members to be nominated by the ChiefCommissioner; (c) the Conservator of Forests, er-officio; (d) the Pr incipn] Engineeriog Officer, fX·officio; (e) the Director of Agriculture, <'x-offic'o; (f) the Secretary and Financial Adviser to ChiefCommissioner, ex-officio; (3) Such officer as may be nornioated by the ChiefCommissioner in this behalf shall be the Secretary to theBoard. (_I.)The Chief Commissioner may. from time to tirr-o,either suo motu. or on the advice ot the Board, appoint anyother person to be a member of the Board for such period asthe Chief Commissioner may think At. (5) The term of office of the members referred to inclause (b) of sub-section (2) shall t e one year: Provided that the term of office of a member norn iua ted to fill a casual vacancy sh11I be for remainder 01 this pre­decessor's term of office. (6) If there is a difference of opinion amongst the mem­ bers of the Board regarding any question under this Regual­ tion, the decision of the majority of the members present shall prevail: THE ANDAMAi\ A?D NICOBAR GAZETTE. EXTRAORDINARY, MARCH 28, Hl63 ,r,----------------·--- 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 10 writing to the Chairman, resign his office. (,;;,) All communications aod 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. 9. Tho Chief Corumissioner may, l1y order, direct the Board to Power of pl'epare plans and esti mntr s for a scheme in respect of any notified Chief Oommis- area or rart thereof. sioner to re- quire Board to prepare scheme. 10. 1 lie functions oft he Hoard ;.]1,dl he- Functions of the Board. (a) to d irect either at ifs own instance or on the order of the Chief Commiseioner ur der feet ion 9, the preparation lJ_y the li rca Com Ill it tee of schcines : (b) to consider and approve the sche rn es prepared hy t lre ?\.re:i Committee; ( c) t f) devise ,mys .uul menus lor the e xecut ion of the schemes apju oved hy it; natl (<1) to perform ;,;11cl1 oth-r J'·nctions as nw,y be SJWcilicd in t his Il cz u lat i on or in :l1r, r ulcs nu«!e rhcreuuder. Land Improvement Com mitt,. J consist i11?of- mittee. mattt 1· oft lie s<'.1,cn,e. of the Area Committee. to the Arc,l Commit!cc. 12. The l't1ucLi<11t ()[' tlic .\r,•a Corntllittec shnll he- Functions of Area Com­ j)l'O\·emcnt ;1s rn:1.y he spel'iJi.cd in tlii? ltcgulation or in the l'llle:., made thereunder; an i 1 ?rne to time. 6 THE ANI>AMAX AND NlCOBAR GAZETTE, EXTRAORDINARY, MARCH 28, 1963. .\latte1 whieh ];{, _\ scheme may pon-id1) for all : r any of the following matt-scheme may ors, name]_,:- provide. (h) couservution or itu nruvcment of c;11h-•<,il \1-nlt r o r J11ois­ture or ot nor soil or w.u.cr l'esvurce?; (!{l eo11?lrnct.ion of' enrt h wor k-, ,,ncl n nsonry"ork3 in fiolrls, gu llies and ravines. i ncludinu cc,n?trnctionof catcli-,ratcr drains .nul contour 1,unc!ing, wliorcver necessary: (j) proliibitiun or control of gr;izil)g er rc.-,enation ofh,]1(1 Jor pasture; g rass for nlforestat ion shelter hclf s or for an., of unctutival,Je rrecs shrul,s and land or prov iding 'THE ANDMTAN AND ?ICOBAR G-AZETTE, EXTRAORDINARY, MARC,H :?3, l9G3. 7I?--------------------------------------- (l,) the poundurios a 1111approximate area of the land to lie included in tho scheme; (c) the persons, including the ( i-orernmc nt w h o will be aff'c­ cted by the scheme; (d) the works, if any, to be carried out nuder the sohcmc; (e) the agency or ageucie? through which tho works shallbe c:?!·tied out; and (I) such other particulars as may lie prcscriberl ( 4) The dra,ft scheme so prepared slu.Il i>e aul,mittod by the said-officer to the Arca Committee which shall forward it with its comm­ents to the Board; the 1foa.r<l nmy approve the draft scheme with 01·without modifications or may rPject. it and prepare or cause to be pee­pared another draft scheme. (5) Whenever the Board approves any draf't scheme, the ChiefCommissioner shall appoint an officer called the Inquiry Officer forthe purposes hereinaf'ter spccirlcd. ]ii. (I) Copies of everv draft seb ema approver] Ly the Board, Publication oftogether with tho connected maps and plans, if any, shall be for- draft scheme. warded to the Deputy CommisRioncr and shall be mado available hyhim fol' inspection by 1 lie public free of charge in every v illage, andat the hcaclcprnrters or the tchsil in which the lauds proposed to lieincluded in the drnft scheme are situated, and at such places as thoDeputy Commissioner m&y d ircct. ( 2) .'\. ?encrnl notice xhal! be pul,Jislied in the Olticial < ;<1zelLeand in 811eh other rnannm- as t he Dcpu ty Commissionor m;1_r direct- (a) i11timatingt hat the draft scheme ha-, hec11 prepared,I lint copies thereof have IJec11 kqit. ,'tnd may he: iw,pcdcd by thepublic, free I c!1nrg-e,at. the places specified ill sulr?cction (L)and tliat «opies of tl1c draft .scheme mar b? ohtaine<l on payment,Jf the co?t lhernor, ,r!iicli sl1a1! be s1>e<'ilfodin I he ndice, fro111 rnay !Je specifiecl in the notiec; (u) 1·eqniring-all persons nlfcdcd by the <lrrt.ft 1'-Cliernc who"i?h to objcd toil or to any P'll't tlic,cof, to sllbmit theirohj( ctiOllQ in w1·iti11gt.o the T11q1ii1·_,OffiL·er 01· to appNu· licforuhim an,l state their olJjf'<·t,iou?, 11i1,hin t.J1irty d,iys oJ' the puiJJj.c1ttio11 or the not ice. · repor o Area Commit­ tee. h \ C . r· I . I I C . oard and the ChiefCommis-shall fonrard t lie dt"ctft sclifrn1• to i,l1e .Board 11 it I, its eorn1,,cHts. ?ioner to san- ction or reject draft scheme.U) The Board mny snudio11 the ,lrnft -;d1e111c with <H' ,1itl1outmodi1i·?tions or rn;1y 1·cject it. ,rn1l direct; t bat in liru thcl'eof, a frcslidraft scheme hu p,·ep:uccl ,tn<l tillbniitted t'()r its Sc'tndion: THE ANDAMAN AND NICOBAR GAZETTE, EXTRAORDINARY, MARCH 28, 1963. I'rovirlorl that it shall submit tho draft scheme to the Chief Comrnissioncr for !i is orders- (..i) where t lic owners 11[ more Uitin JHt,\ per cent of tl1e area of I he lands included in the draft scheme other I hnn GoYeL'nment lunds have made objections to the draft sche mo or part thereof; or (h) where tlre draf': sche mo has been prupnred in pursuanceof an order o: the Ch ie] Couunisaionr-r 1111dl'r section 9. d?·,d'tscheme \I it l: or wil ho ut modiflca: ions 01· may reject it anddirect tlrnt a Iresh -;elieme he Jll't'fl,it·ed n ud sdnnittecl fol' his ::;andion .• (4) The scheme as sanct.ionr-d I,, i-1-,<·Board 11r 1 he Chief Com· missioner, as tltl' case may l1P, shall be pul.lishcd i11 t b o Official Gazette and copies thereof shal! Le 111a<lea\ .rilahle in cverv vnlaec an<l at the l1ea,dq1unters«f the te hsil i u which th« lands in,cl11dcdin r he scheme are sit u.u od, at such place? and in :--11i.:h nrnu1H'r ns theJ)eputy Co111m :?siuncr may dir, ct. (5) Oll ,m<1 frum tho cl,tt" of its pui1:ir,ttion i11 tl1c Official Gazette, the scl:eme !-.llitll ccnw ill to l"orcP 11,11<.lsl1all li,1\"C t ffed., of the scheme ,, lticli has COil.it' i11to force undur ?tll,.?·ccti,,n (.:,) 111ake ;rn: matter,; ?11pplemcntary and i11ci<lentnl to i-ltc s0bemo. THE u of Executive Officer. Power lo enforce sche­ me. ]8. \\'hen a scheme comes into force, 1.ho Chief Uommissionm under I he scl,emc arP c·arric<l <J11t l,y tlie Co\·e1·umcn? in liis land at tl,c cost or 1,art ol" the cost uf I he O\rne1·. (2) If the mYncr or the htrnl included in 1iic :--elicmc dcsfrrs to carl'y <mt himself nuder 1eclmical f!Uicl?u<·c provided free Ly the De­ puty Commissioner nny works ,Tlii<'li under the ?chellle are to bo t1:\f· rie<l c1tt in bis land by tl1e Go\·ernment, nt the eo?L or part of the cost of the owner, lie shall gfre notice in writing to tlint dl'ect to the .Area. Commit tee witliiu thirty c.1nysoft he puhlicat.1011 of tlic scheme in the owner 01· the ,rnr1,s ,rbich arc Jo be carded out in Iii? bnd anrt inn of 1!10 .\1·en ('ornrnittce before t,lic dafe fixed ur ,1·itliin ?ucli r1utl1er tintc ,ts ma,· lrn nllo1r1·,l 01' at anr time i1dimatcs to tlio Area Commit.tee i11 ,niti?? that lw i, ttnahle ,·o cn.rry (Hit any work licforn thnt. ua1.r, tlio Cornmitteo ma\ 1·e11uite i he ]?xecutive O!Ticer to carry out I lie work a?id re<:11, ,·r tl,c e:-. peuses j11curred for tlte purposo (.i) \\·J,er1' t.11e un1,cr <Jt tlie land inclwleu in n ::-:che,ne is tho administration -wl,ich bas tl,c cootrn1 or managcrncnt of snch la.]l(ls or mil tee, the Do?rd or i he (fovenuncnt shall C,ll'J'.r 011t the w"rd::, which the Govcrmncut as t hc ow i.er (if the land is l in hle to carr:· out under the scheme- 20. ( l) If in consequence of any work carried out under Liability of the scheme, any person (including the Government) other persons whose than the owner of the land in which the work is done. is ?a.nts/?enot likely to be benef ted. such person shall pay such me u e · amount and within such time as the Board may de ermine, to the owner of the land if the work is carried out by him, or t o the Government if the work is carried out by the Executive Officer: Provided that before any person is required to pay anysuch contribution, he shall be given ;i resonable opportunityof rnaking bis representation, if' a ny. in regard to Ute matter: Provided further that any such contribution may be waived hy the Government in whole or in part in respect of any work carried out io Jund owned by it. ( 2) If default is made in the payment or such contribu­ tion within the time detr rrnined in that behalf in pursuance of sub section ( l j, the Deputy Commissioner or any officer authorised by him in this bebal f shall recover it from the defaulter and pay the same to the owner of the land in such manner as may be pre sci ibcd. :!). (l J Notwithstanding anything coat a ined in this Pr°Gwer Regulation the Chief Commissioner may ia the ca.se of any ?arr/v?.u?oscheme which nas come into force under sub-section (5) of works in asection 17. direct by notification in the Official Gazette that scheme. 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 wor k shall be recovered in whole or in part from the owners of the lands included in t be sche me in such proportion as the Chief Commissioner may fix having regard to the area or assessment or both or the lands included in the scheme. 0) The cost directed to be recovered under sub-section (I) together with interest thereon at such rate as the Chief Commissioner may determine, shall be recoverable from tbe owners concerned in such number of e quated annual instal­ ments payable on the date appointed for the payment of the first instalment of ]and revenue as may be prescribed: Provided that where a person commits default in the payment of any instalment, the entire unpaid balance shall CHAPTER vi ?2. (I) The Executive Officer shall, on compJetion of the Preparationwork prepare a statement giving, for any specified area, the of statement, 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 assess­ ment per annum at which such amount is to be recovered from the owners; 10 THE .ANDAMAN AND NICOBAR GAZETTE, EXTRAORDINARY,MARCH 28, 1963 (v) the period within which s uch amount is to berecovered; (vi) the work which in his opinion shall be maintai­ned and repaired individually or jointly and the name ofevery such person; (b) if in the case of any survey number or sub-divisionof survey number, the owner is not liable to repair or maint­ain works therein, or if the cost is to be recovered Ir om anowner at a rate other than the general rate, a list of suchsurvey numbers or sub-divisions and the rate at which thecost is to be recovered from the owner or owners of suchsurvey numbers or sub-divisions; (c) a map showing the work carrie out in the village; Obligation) M persons to marn­ tain and repair works. Order for taking possession of waste land. (d) such other matters as may be prescribed. ( :2) When a statement is prepared under this section, anyrights and IrabiJities shown therein shall be entered in therecord of rights or where there is no record of rights, in suchvillage record and in such manner as may be prescribed andshaJI thereafter from part of such record of rights or suchvillage record. ?:; (1) Every person sb0\\'11 in the: st.atement preparedunder section 22 as liable to maintain and repair anv workshall, to the satisfaction of the l.Jcputy Commissioner andwithin such time as that officer may fix, maintain and repairthe work in his O\Vn land and in any other Janel in respect ofwhich be is shown as liable in the said statement and shalvundertake such 1ollow up soil conservation practices as malbe prescribed. ( 2) If any person fails to maintain or repair thework within the time fixed by tJ1e Deputy Commissionerunder sub-section ( I), the Deputy C<1mmissioner shallhimself get the work executed or repai1ed and shallrecover the cost thereof from such p?rson. (3) Any dispute as to the amount of the expenses shallbe decided by the D?puty Commissioner and his decisionthereon shall be final. CHAPTER VII 2.J.. (.i) If the board is satisfied that. for the purpose ofexecuting any scheme of reclamation of waste land sanctionedunder this kegulatiun, it is necessary that temporary possess­ion of any waste Janel should be taken. it may, by order inwriting, direct the Deputy Commissioner to take temporarypossession of such land on bebalt of the Government on suchdate as may be specified in that order (2) The order shall he made in such form, and broughtto the notice of the owner or owners of the land in suchmanner. as may be prescribed. ( :1) Oo the date specified in the order. the Deputv Comm­issioner or any other oHicer authorised by him in this behalfshall enter upon and take possession of tl-e land on behalf ofthe Government. ANDAMAN AND I f.:leiil&«I('(J?q,w NICOBAR GAZETTE Sf(-11?1(01 EXTBAORDIN ARY SIIMI( ? S14ilftlff Published By Authority NOTIFICATION Port Blair, tlte 12th June, 1969 Jyautlta 22, 1891. of Section 1 of the Andaman and Nicobar Islands Land Improvement Schemes R gulati n, 1963 (2 of 1g63) I, H. S. Butalia, Chi f Commissioner, Andaman and Nicobar Isla ds herebv appoint 15th day of June, 1969 as the date from which the said Regulation shall c me into force in the Union Territory of th And man nd Nicobar I lands CHIEF CO)DUSSI0:SER'sSECJlET\lll.\T clo t! t). I ,ttl. ,i,, ?l unicipal Board, Port Blair 4. The Conservator of Fo1 e-ts, Au.hm:in a n.] ); il·»l,nr l ,'.unds Pore Blair, 14th April, /971 Chaitra ]4. 1893 By order, NICOBAR GAZETTEANDANDAMAN EXTRAORDINARY Published By Authority No. 60 Port Blair, Wednesday, April 14, 1971/Chaitra 24, 1893. q)i ?,?Aim 14, 1971/? 24. 1893. (If) Q; Price: Rupee One and T,oe,. ty-five Paiae only.