Andhra Pradesh Land Licensed Cultivators Rules, 2012

Andhra Pradesh Land Licensed Cultivators Act, 2011

Published vide G.O.Ms. No. 57, Revenue (Land Reforms), dated 23-1-2012, Published in Andhra Pradesh Gazette R.S to Part 1, Ext. No. 2 dated 24-1-2012

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G.O.Ms. No. 57. - In exercise of the powers conferred by sub-section (1) of Section II of the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Andhra Pradesh Act No. 18 of 2011) the Governor of Andhra Pradesh hereby makes the following rules, namely:

Rules

1. Short title, and extent. - (1) These Rules may be called "the Andhra Pradesh Land Licensed, Cultivators Rules, 2012."

(2) They shall extend to the entire State of Andhra Pradesh.

2. Definition. - In these rules, unless the context otherwise requires;

(1) "Act" means the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Andhra Pradesh Act No.18 of 2011);

(2) "Form" means a form appended to these Rules;

(3) "Gram Sabha" means a village assembly which shall consist of all adult members of a revenue village;

(4) "Land Owner" means pattadar whose name is recorded in Revenue Registers as a person having right of ownership or right of possession over the land;

(5) "Long duration crop" means crop having duration or more than one (1) agricultural year;

(6) "Section" means a Section of the Act.

3. Register of Licensed Cultivators. - On and from the date of enforcement of the Act, a register of licensed cultivators of land shall be maintained in Form-II for every separate Revenue Village, by the Revenue Officer specified of the respective revenue Mandal.

4. Procedure for preparation of register of Licensed Cultivators to enable the Revenue Officer to issue Loan Eligibility Card under the Act:

(1) The Revenue Officer specified, under clause (9) of Section 2 of the Act, shall publish every year a notice in Form-I (A) in each revenue village of this intention to prepare a record of Licensed Cultivators, for that year, calling upon licensed cultivators to submit to him a declaration in Form-I stating the particulars of the land where the said person claims such license, within seven days from the date of issue of such notice, duly intimating the date and place of Grama Sabha where the enquiry will be taken up in respect of said declaration forms. The said public notice shall be published in village in the following manner:

(a) by affixture in the chavidi or if there is no chavidi, in any other conspicuous place in the village;

(b) by affixture on the notice boards of Gram Panchayat Office, Primary Co-operative Agricultural Credit Society or School, if any, in the village;

(d) by affixture on the notice boards of the Office of the Revenue Officer having jurisdiction over the village;

(e) by affixture on the notice boards of the Office of the Mandal Praja Parishad in which the village is situated.

(2) Application Forms in Form-I will be given to the Gram Samakyas of each village every year. The Gram Samakyas will distribute forms with effect from February 1st each year, or any other date as may be specified by District Collector and maintain a list of those farmers who have received the forms.

(3) The Licensed Cultivator shall submit an application/declaration form to the Revenue Officer concerned in duplicate duly enclosing the written permission of the owner if any.

Provided that the family members of the owner/pattedar are not entitled for issue of a loan eligibility card.

(4) The Revenue Officer specified shall arrange for receipt of the declaration forms submitted in response to the notice referred in sub-rule (1) and shall also arrange for acknowledging the statement of claim on the duplicate and shall proceed to hold an open enquiry in a Grama Sabha in the village, on the dates intimated in the notice.

(5) The Revenue Officer shall maintain a Register of declarations received for Loan Eligibility Cards in Form-11.

(6) On the date fixed for the inquiry, the Revenue Officer specified after preliminary verification, shall cause enquiry in the Grama Sabha wherein he shall receive confirmation of claims of licensed cultivators from concerned land owners, or persons on their behalf, and objections of land owners if any.

(a) hear any oral representation made in respect of any claim and make a summary record of such representation; and

(b) examine the relevant registers, records already maintained in respect of the lands in the village.

(7) The Revenue Officer holding an inquiry may if he deems fit adjourn the inquiry to a later date or dates and every such adjourned enquiry shall be held in the village on the date to which the inquiry is adjourned by making announcement on the initially notified date.

(8) After completion of enquiry in the above said manner, the Revenue Officer shall make its endorsement on each application and the out come of said enquiry shall be recorded in the register of declaration of Licensed Cultivator maintained in Form-II appended.

(9) On the basis of the entries in the register maintained in Form-11 and in all cases where eligibility for issuing Card is established, the Revenue Officer shall issue Loan Eligibility Cards under Section 3 of the Act in Form-III, in the Grama Sabha duly obtaining acknowledgement in Form-II.

(10) After issue of Loan Eligibility Card by the Revenue Officer, the list of Loan Eligibility Card holders shall be furnished to all the public financial institutions operating within the Mandal and Agricultural Officer of the Mandal.

(11) All the records prepared under these rules including the declaration forms and registers prescribed should be handed over to the Tahsildar of the Mandal on the date specified by the Nodal Agency.

5. Applicability. - In the Scheduled Area of the State of Andhra Pradesh, these Rules shall apply to Licensed Cultivators who belong to Scheduled Tribes notified within the Agency area only.

6. Appeals. - Any person aggrieved by the decision of the Revenue Officer either for grant or refusing to grant of Loan Eligibility Card shall file an appeal to Tahsildar not later than 15th June of the year, in Form-IV in respect of licensed cultivator and in Form-V in case of owner/pattadar/occupant of land. The appellate authority shall dispose of the appeal by holding summary enquiry within fifteen (15) days of such appeal.

7. The entire exercise of issue of Loan Eligibility Card shall be completed by 15th May of every year except in cases where appeals are filed, and the list of farmers to whom Loan Eligibility Cards have been issued shall be furnished to concerned public financial institutions in the District by 15th May of each year. Moreover the District Collector may depending on local conditions extend or abridge the aforesaid periods.

8. Once Loan Eligibility Card is issued under this Act, the licensed cultivator may be entitled to get loans from Public Financial Institutions and other benefits specified on the Card without insisting on production of any other Revenue Record like Adangal or ROR etc.

9. The Owner/Pattedar of land in spite of the land given on licensed cultivation will be entitled to obtain loans from Public Financial Institutions on security of said land, but not crop loan.

10. The cost of the Loan Eligibility Card shall be fixed by the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad and the amount shall be collected from the card holder.

Form - I

[(See Rule 4 (iii)]

(See Sec. 3 of the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Act No. 18 of 2011.))

Passport Size Photo

1. Name of the declarant:

2. Father/Husband name in Full:

3. Full Address of the declarant:

4. Whether belongs to SC/ST/BC/ Minority/PC/others:

5. Particulars of the land owned by the declarant:

(a) Village in which located:

(b) Survey & Sub-Division No.:

(d) Wet/I.D./DRY:

(e) I.B.Khata No.:

6. Whether land less poor/Marginal/Small./Big farmer:

7. Particulars of the land taken under licensed cultivator:

(a) Village:

(b) Survey & Sub-Division No.:

(d) Wet/1.D./DRY:

(e) Full name of the Land owner with Fathers name and address

I certify that the information furnished above is true and correct: I also certify that I am not a member of the above land owner's family

Place:

Date:

Full Signature/L.T.I.

Remarks of the Designated Revenue Officer.

Form - I(A)

Common Notice under Rule 4 (i)

Whereas the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Act No. 18 of 2011), came into force in the area in which the village __________ (Name of the Village) _______________ (Name of the Mandal) __________ (Name of the District) is situated (herein after referred to as the said village)

Now therefore under rule 4 of the "Andhra Pradesh Land Licensed Cultivators Rules, 2012."

The undersigned hereby ________________________

(a) Declares his intention of preparing the register of licensed cultivators in the said village for the first time.

(b) Calls upon all the persons claiming licensed cultivation in any land in the said village to file a declaration in Form-II showing particulars of the lands for which Licensed Cultivation is claimed on or before __________

(c) Declares his intention of holding an enquiry in respect of the above matter in the said village on ______________ and calls upon all persons interested to appear before him at the said inquiry on the said date.

Signature of Deputy Tahsildar, with seal

Form - II

(See Rule 4 (5))

(See Sec. 3(1) of the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Act No. 18 of 2011).

Register of declarations of Licensed Cultivators for Loan Eligibility Card

Sl. No.	Date of receipt of declaration	Name of the applicant with Father/Husband Name	Names of major family members	Address of the Applicant	Whether SC/ST/BC Minority/PC/Others	Extent of land owned wet/dry in Acres	Whether landless poor/marginal/small/big farmer
1	2	3	4	5	6	7	8
Particular of the land taken on licensed cultivation			Loan Eligibility issued		If not issued reasons for		Remarks
Sl. No. & Sub-division No.	Extent taken	Name and address of land owner	Loan Eligibility issued		If not issued reasons for		Remarks
9	10	11	12		13		14

Signature of Designated Revenue Officer

Form — III

Loan Eligibility Card

(See Rule-4 (9)

(Issued U/s 3 of the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Act No. 18 of 2011.)

Village:

Mandal:

Date :

Card No:

Passport Size Photo

Validity: 1st June 20 to 31" May 20

1. Name of the licensed cultivator:

2. Father/Husband name:

3. Address:

4. Whether belongs to SC/ST/BC/ Minority/PC/Others:

5. Whether land less poor/Marginal/Small./Big farmer:

6. Particulars of the land taken on licensed cultivation:

(a) Village:

(b) Survey & Sub-Division No.:

(d) Name of the Land owner and LB. Khata No.

Signature/LTI of card holder:

Signature & Seal of the Designated Revenue Officer

N.B.: This card is issued for the purpose of enabling the holder to seek crop loan, subsidy seed, fertilisers, insurance and also to claim compensation for crop loss/ damage either due to natural calamities or due to defect in seed/ other agricultural inputs, but not for any other purpose. The card holder alone is eligible for the above benefits on the said land. This card shall not be used as evidence to claim or to defend any right in land against land owner before any adjudicating authority under any law.

Particulars of Sanction. Disbursal and Repayment of Loan

Sl. No.

Year

Date of Section of loan

Amount of Loan sanctioned

Date of disbursal

Amount disbursal

Interest (accrued) on the loan

Total amount to be paid

Date of repayment

Amount paid

Amount in Col.7 credited to

Balance payable

Signature of Officer of the Credit Agency

Interest

Principal

Interest

8(a)

8(b)

9(a)

9(b)

Subsidy

Agency

Input Subsidy

Seed Subsidy

Others

Amount Paid

Balance Amount

Form - IV

[See Rule 6]

(Form to File Appeal U/s 5 of the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Act No. 18 of 2011), by Licensed Cultivator).

The Tahsildar

I______ S/o. ________ Age ______ R/o _______ Village, ________ Mandal, I am the licensed cultivator of land of an extent of ________ Acs. ________ _______ cents/gts., in Sy.No. _______ of _______ Village _________ Mandal which belongs to Sri ________ S/o ________ I applied for Loan Eligibility Card; but the same was not granted to me/cancelled without valid reason or excuse for such refusal or rejection.

Therefore I request the Authority to reconsider the said issue and grant Loan Eligibility Card modifying the earlier decision.

I enclose the order of Designated Revenue Officer together with the evidence available, if any with me.

Signature Name of Appellant and Address

Form - V

[See Rule 6]

(Form to File Appeal U/s 5 of the Andhra Pradesh Land Licensed Cultivators Act, 2011 (Act No. 18 of 2011), by owner/pattada)

The Tahsildar

I ______ S/o _______ Age _______ R/O _______ Village ___________ Mandal, I am the pattadar/owner of land of an extent of _________ Acs. _______ cents/gts., in Sy. No. ________ of _________ Village Mandal I learnt that a Loan Eligibility Card has been issued to Sri _______ S/o ________ in respect of the above lands. The said issuance of the card is against the provisions of the Act, as I did not gave any permission to him to cultivate my land and I continue to cultivate my above said land.

Hence I request the Authority to revoke the Loan Eligibility Card by modifying the order of Designated Authority.

I enclose herewith the order of Designated Revenue Officer (Loan Eligibility Card) together with the evidence available, if any with me.

Signature Name of Appellant and Address


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