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[Cites 0, Cited by 0] [Section 6] [Entire Act]

State of Andhra Pradesh - Subsection

Section 6(3) in Andhra Pradesh Land Encroachment Rules, 1976

(3)
(i)Every person claiming remission under these rules shall make an application in writing 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 claimed.
(ii)Every such application shall be presented on or before a date specified by a 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.
(iii)The Tahsildar may refuse remission where an application is not made in accordance with these rules or in any case where the crop has been cut and removed or grazed by cattle before inspection by the competent authority :
Provided that in special cases the Tahsildar, the Revenue Divisional Officer or the Jamabandi Officer, may, notwithstanding anything in this rule at his discretion, dispense with the submission of a written application and for sufficient reason condone delay in submitting any such application:Provided further that the Tahsildar or the Revenue Divisional Officer or the Jamabandi Officer as the case may be may grant remission where crop inspection (Ajmaish) has established the existence of conditions for the grant of remission without any representation written or oral ;
(iv)As soon as may be after an application is received and in any case not later than thirty days from the date of the receipt, the Revenue Inspector shall inspect the crop in all the fields specified in the application and submit his report to the Tahsildar or the Deputy Tahsildar as the case may be who shall inspect a fair percentage of the affected fields, being not less than 10 percent 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. The Tahsildar may wherever possible arrange for conducting crop-cutting experiments for the purpose of ascertaining the yield and shall do so in all villages where the area in respect of which applications made for granting remission, exceeds 50 acres.
(v)The Revenue Inspector or Deputy Tahsildar shall submit his report and recommendation to the Tahsildar for sanction of remission and any order passed in this behalf by the Tahsildar shall be duly communicated to the Village Officers.
(vi)The Revenue Divisional Officer or the Jamabandi Officer may revise an order of Tahsildar under Clause (v).
(vii)The Revenue Divisional Officer may consider any case not considered by the Tahsildar and the Jamabandi Officer may consider any case not considered by the Tahsildar or the Revenue Divisional Officer.
Rules made under Section 8Ooctacamund, August 30th, 1907No. 417 under Section 8 of the Madras Land Encroachment Act (III of 1905). The Governor in Council is pleased to make the following rules.Rules :I. The assessment to be levied under Section 3 (ii) of the Madras Land Encroachment Act III of 1905, on Lands, the property of Government unauthorisedly occupied, within the limits of a Town (other than Madras) shall be the ground rent leviable under the rules for the time being in force for the levy of ground rent in the town in question.II. The assessment to be levied under Section 3 (ii) of the Act of lands, the property of Government unauthorisedly occupied, in villages, which have not been classified and assessed shall be at such rates not exceeding the highest wet rate in force in the district if the lands are wet and not exceeding the highest dry rate in force in the district if the lands are dry, as a Collector may determine.Published in Fort St. George Gazette Part I, Pg. 935, dated 30-8-1907.Rules made under Section 8 (a)Ooctacamund, May 1st, 1906No. 224 under Section 8 (a) of the Madras Land Encroachment Act III of 1905. The Governor in Council is pleased to direct that the assessment to be levied under Section 3 (ii) of the said Act on lands, the property of Government unauthorisedly occupied in the City of Madras shall be such sum, to be determined by the Collector in each case, as will fairly represent the full competitive letting value of the site encroached upon.