Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com ANDHRA PRADESH LAND REVENUE REMISSION AND SUSPENSION RULES, 1968 CONTENTS 1. Short title 2. Nature of Remissions 3. Grounds on which remission may be granted 4. . 5. . 6. Scale of remission of land revenue on lands registered as wet, double crop wet and compound double crop wet 7. Remission of Revenue on the mamul waste lands 8. Procedure for claim in remission 9. Remission of land revenue on dry lands 1 0 . General remissions under exceptional circumstances due to occurrence of widespread calamities 11. Remissions of Land Revenue on wet lands 12. Remission of land revenue on dry lands 13. Remission of land revenue on dry lands left waste 14. Land cultivated without permission 15. Suspension of the Collection of land revenue which is likely to be remitted 16. Suspension of land revenue 17. Method of collecting suspended land revenue 18. Circumstances justifying remission of suspended kist 19. Adjustments or refunds ANDHRA PRADESH LAND REVENUE REMISSION AND SUSPENSION RULES, 1968 In exercise of the powers conferred by sub section (1) of Section 10, read with sub section (1) of Section 16 of the Andhra Pradesh Land Revenue (Enhancement) Act, 1967 (Act 8 of 1967), the Governor of Andhra Pradesh hereby makes the following rules 1. Short title :- These rules may be called the Andhra Pradesh Land Revenue Remission and Suspension Rules, 1968. 2. Nature of Remissions :- Remission and suspension of land revenue shall be under the following categories namely: 1. Seasonal remissions and general remissions of land revenue; 2. Suspension of land revenue. Seasonal Remissions 3. Grounds on which remission may be granted :- Remission of land revenue shall ordinarily be granted when the land is left waste or the crop is lost for one or more of the following reasons namely: (a) lack of adequate supply of water from the Government source of irrigation; (b) extensive damage to crop due to pests or pestilence; (c) submersion of land on account of excessive water or inundation rendering the cultivation of the land impossible; 4. . :- Remission shall be granted only when the entire survey field or the recognized sub division (Pote number) thereof is left waste or the crop thereon has failed. Provided, that if any portion of a wet land covered by entire survey field or a recognized sub division (Pote number) is left fallow for any of the reasons referred to in Rule 3, remission may be granted for the actual extent kept fallow. Explanation:- Tahsildars shall have the discretion to determine whether in any particular case, the loss over the field taken as a whole may be reasonably rated as total. 5. . :- No remission shall be granted to a single crop wet land where water is made available for raising a second crop. If a ryot fails due to any neglect on his part to raise a second crop in spite of an adequate supply of water for raising a second crop successfully, the remission if any, granted for the failure of first crop may be revoked. 6. Scale of remission of land revenue on lands registered as wet, double crop wet and compound double crop wet :- (1) Remission shall be granted in respect of wet lands for the reasons noted in Rule 3, at the following scale. 7. Remission of Revenue on the mamul waste lands :- No remission of land revenue shall be granted in respect of lands termed as mamul waste, including small portions of Mamul waste lands in survey fields or reorganised sub divisions. Explanation:- Mamul waste means the occupied land which is not cultivated regularly in a normal year, and which would have been kept uncultivated even if the season and water supply had been normal. 8. Procedure for claim in remission :- (1) Every ryot who desires to claim remission under these rules shall apply in writing and duly signed, to the Tahsildar, Deputy Tahsildar or any officer not below the rank of a Revenue Inspector, of the firka, having jurisdiction, specifying the fields for which remission of the land revenue is sought. (2) Every such application shall be presented before a date to be specified by the notification in the District Gazette by the District Collector having regard to the harvest time, the local agricultural practices and seasonal conditions in respect of each crop (first crop and second crop). Such notification shall be given wide publicity in the village by beat of tom tom and by affixture of the same in the village chavadi or any public place of importance in the village. (4) As soon as an application is received, the Revenue Inspector shall without any delay, inspect the crop in all the fields mentioned in the application and before the expiry of a period of 30 days, and submit his report to the Tahsildar, or the Deputy Tahsildar concerned. The Tahsildar or the Deputy Tahsildar, as the case may be, shall inspect a fair percentage of the affected fields, being not less than 10 per cent of such fields in each village. As far as possible the Revenue Divisional Officer shall also inspect some fields in each village by adopting random sampling method. Crop cutting experiments shall be arranged to be conducted by the Tahsildar, wherever possible to note the yield, and compulsorily in any village where the area in respect of which applications made for granting remission, exceeds 50 acres. (5) The Revenue Inspector or Deputy Tahsildar shall submit his inspecting report and recommendation to the Tahsildar for sanction of remission and order passed in this regard by the Tahsildar shall be duly communicated to the Village Officers. (6) The orders of the Tahsildar shall be subject to revision by the Revenue Divisional Officer of the Jamabandi Officer. It shall be open to Revenue Divisional Officer to consider any fresh cases not considered by the Tahsildar or to the Jamabandi Officer to consider any fresh cases not considered by the Tahsildar or the Revenue Divisional Officer. 9. Remission of land revenue on dry lands :- No seasonal remission shall ordinarily be granted for any dry land except by the Government under Rule 15. 10. General remissions under exceptional circumstances due to occurrence of widespread calamities :- Remission of Land revenue may be proposed by the Collector of a district in seasons of exceptional drought or famine or general failure of crops due to local calamities like hail storms, floods, locusts and the like. 11. Remissions of Land Revenue on wet lands :- (1) When the crop on wet lands is totally lost on account of any calamity remission may be granted as per the scale specified in Rule 6 for seasonal remission. (2) When the crop on wet lands is partially lost, remission may, if sanctioned by Government, be granted with reference to the average loss in the whole tract in which such remission is granted. where the calamity is so grave and of such magnitude as to warrant grant of remission on a scale higher than that specified in Rule 6, the Collector shall submit proposals stating the extant of the land affected and the nature of remission to be granted. (3) Mamul waste:- The Collector, may, while submitting proposals for granting remission under sub rules (1) and (2) for satisfactory reasons include mamul waste including small portions contained in survey numbers or recognised sub divisions in the tract for which relief is proposed provided that the land could not in any case have been cultivated owing to want of water. (4) If it is not possible to determine a uniform rate of remission for any tract as in cases where the loss of crop is confined to limited areas such as the ayacut of small tank, the collector may recommend the grant of remission for recognised fields or portions thereof not less than an acre on which the crop has been totally lost. 12. Remission of land revenue on dry lands :- For loss of crops in dry lands, remission of land revenue may be granted by Government at the rates specified in the scale below:- I. When the yield of crop is 1/3rd and below of Full remission normal yield. II. When the yield of crop is above 1/4th, but below Half remission 3/5th of the normal yield. 13. Remission of land revenue on dry lands left waste :- Remission shall be granted at the scale laid down in Rule 12 for dry lands left waste within the tract. 14. Land cultivated without permission :- Remission may be granted for unauthorised cultivations of Government land provided that such occupations are held not objectionable. 15. Suspension of the Collection of land revenue which is likely to be remitted :- The Tahsildar may by an order in writing and for sufficient reasons suspend temporarily the collection of land revenue on such lands on which remission of land revenue is permissible under the rules. Copies of such orders shall be submitted forthwith to the Revenue Divisional Officer concerned. 16. Suspension of land revenue :- (1) Any suspension of the collection of land revenue must relate to a definite kist and must be sanctioned by the Board of Revenue ordinarily for a specified period in a fasli year; where the suspension of land revenue has to be extended beyond a fasli sanction of the Government shall be necessary. (2) When the sanction of the Board cannot be obtained before the date on which the collection of a kist should commence, the Collector may by a formal order, postpone the collection of the kist to a date within the fasli year, subject to ratification by the Board of Revenue. (3) As soon as an order directing the postponement of the collection of a kist has been made, it shall be promptly published for the information of the ryots of the village or tracts concerned by beat of tom tom and by affixture in the village chavadi or any other place of public importance in the village. (4) If the period for which the collection of any kist has been postponed expires before definite orders as to the collection or remission of the kist have been received, the Collector shall extend the period of suspension within the fasli and shall report to the Board of Revenue. (5) In all cases in which postponements of kist extended beyond the financial year in which the kists are due, the Board of Revenue shall forward copies of its own order or that of the Collector, as the case may be immediately to the Government in the Revenue and Finance Departments with information as to the financial effect of such postponement on the revised estimate for the financial year for which collection of kists are postponed. (6) Government alone shall order suspension of land revenue beyond the fasli year and remission of suspended land revenue. In exceptional circumstances where the Collector considers that suspension beyond the fasli year or remission of any kist, which has been suspended under this rule is absolutely necessary, the Collector shall obtain orders from the Government in time. 17. Method of collecting suspended land revenue :- (1)The land revenue suspended shall be collected only after one fair harvest subsequent to the failure has been reaped. (2) Collectors shall submit, for the consideration and orders of the Board of Revenue and Government two months before commencement of the kistbandi of the year following that in which revenue was suspended a report as to the condition of the early crops of that year and whether the whole of the suspended land revenue, and if not what portion thereof, can be collected in the current kist. Similar reports as to the portion of the suspended land revenue to be collected in the subsequent kists shall be submitted in succeeding years until the whole of the suspended land revenue is either realised or written off. 18. Circumstances justifying remission of suspended kist :- (1) Land revenue which has been under suspension for three years continuously shall ordinarily and as a matter of course, be remitted and shall for the purpose be included in the quarterly statement of irrecoverable arrears. (2) In the case of fully assessed tracts with a fairly constant out turn the amount of land revenue under suspension at any given time shall not as a rule exceed the land revenue demand of an ordinary year. When the amount suspended exceeds this limit, remission of the excess may ordinarily be recommended in the manner indicated above. 19. Adjustments or refunds :- In all cases, where remission is granted amounts already paid may be adjusted towards the next instalment of the kist.