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Andhra Pradesh Land Revenue Code, 1999

CONTENTS

PART 1 :- GENERAL
CHAPTER 1 :- PRELIMINARY
1. Short title, extent and commencement
2. Definitions
PART 2 :- FORMATION OF DISTRICTS, REVENUE FORMATION OF
DISTRICTS, REVENUE DIVISIONS, MANDALS AND VILLAGES
CHAPTER 2 :- DI VI SI ON OF STATE INTO DISTRICTS, REVENUE
DIVISIONS, MANDALS AND VILLAGES
3 . Division of State into Districts, Revenue Divisions, Mandals and
Villages
PART 3 :- OFFICERS INCHARGE OF REVENUE ADMINISTRATION
CHAPTER 3 :- COMMISSION AND THEIR POWERS
4. Commission and their powers

CHAPTER 4 :- DISTRICT OFFICERS AND THEIR POWERS

5. Collectors and Special Collectors
6. Joint Collectors
7. Delegation of powers of Collector
8 . Appeal and revision against orders of Joint Collector or other
officer
9. Notification to be laid before the Legislature
10. Additional Charge during the absence of the Collector
11. Sub-Collectors
12. Deputy Collectors and their powers and functions
13. Mandal Revenue Officers, their powers and functions
CHAPTER 5 :- ESTABLISHMENT
14. Members of establishment

PART 4 :- SURVEY OF LANDS AND DETERMINATION OF THEIR

BOUNDARIES
CHAPTER 6 :- DIRECTOR OF SURVEY AND LAND RECORDS AND
SURVEY OFFICERS
15. Director of Survey and Land Records
16. Survey Officers
CHAPTER 7 :- THE SURVEY OF LANDS
17. Survey of any land or any boundary thereof
18. Publication of notification by Survey Officer
19. Manner of Survey
20. Determination and apportionment of the cost
21. Power of Survey Officer to determine and record an undisputed
boundary and intimation to the owners thereof
2 2 . Power of Survey Officer to determine and record a disputed
boundary
2 3 . Modification of the record prepared under Section 21 or 22
consequent upon the decision of the appellate authority
24. Notification of completion of demarcation
25. Right of suit against determination of boundary under Section
21 or 22 or on appeal
26. Responsibility of the owners for the maintenance, renewal and
repair of survey marks
27. Demarcation etc., on application
28. Division of land on application
29. Power of Survey Officer to enter upon any land
30. Recovery of survey expenses
PART 5 :- I RRI GAT I ON AND DRAINAGE WORKS AND WATER
COURSES
CHAPTER 8 :- IRRIGATION OFFICERS
31. Applicability of the provisions of this part
32. Irrigation Officers
33. Delegation of Powers
CHAPTER 9 :- RIGHTS OF THE GOVERNMENT
34. Government to be the owner of all irrigation and drainage works
35. Construction of new irrigation and drainage works
36. Powers of Government
37. Power of Irrigation Officer to enter, upon any land or building
38. Maintenance of means of crossing canals
CHAPTER 10 :- D E T E R M I NAT I O NAND LOCALISATION OF
AYACUTS
39. Determination of ayacut
40. Specification of principles of localisation
41. Classification of lands for raising different crops according to
availability of water
4 2 . Power to prohibit growing of certain kinds of crops and to
regulate the period of sowing and duration of crops
CHAPTER 11 :- WATER SUPPLY TO LANDS
43. Supply of water to lands in the ayacut
44. Person whose land is not included in the ayacut, not entitled to
water
45. Power to stop supply of water
CHAPTER 12 :- WATER COURSES
46. Power of Irrigation Officer to construct water course
47. Enquiry into objections and publications
48. Acquisition of land
49. Acquisition of land with the consent of the beneficiaries
50. Construction of water course
51. The cost of construction of water course
CHAPTER 13 :- AWARD OF COMPENSATION
52. Compensation for loss or damage
53. Claims for compensation
54. Determination of compensation
55. Finality of the order
CHAPTER 14 :- REQUI SI T I ONOF LABOUR AND MATERIAL IN
EMERGENCY
56. Requisition of labour and material in emergency

CHAPTER 15 :- TRANSFER OF IRRIGATION OR DRAINAGE WORKS

57. Transfer of irrigation or drainage works

CHAPTER 16 :- OFFENCES AND PENALTIES

58. Certain offences and penalties therefor
59. Person convicted may be required to make good the deficiency
PART 6 :- ENCROACHMENT ON GOVERNMENT LANDS
CHAPTER 17 :- DECLARATION OF GOVERNMENT RIGHTS IN LAND
60. Right of Government to lands and other property

CHAPTER 18 :- UNLAWFUL OCCUPATION OF GOVERNMENT LAND

61. Levy of assessment on unlawful occupation of Government lands
62. Encroachment by group of persons on Government lands
63. Saving of other laws
64. Bar of jurisdiction of civil courts
PART 7 :- PROHIBITION OF LAND GRABBING
CHAPTER 19 :- P R O H I B I T I O NOF LAND GRABBING AND
DETERMINATION OF CIVIL AND CRIMINAL LIABILITY
65. Applicability
66. Land grabbing to be unlawful and punishable
67. Prohibition of land grabbing
68. Penalty for other offences in connection with land grabbing
69. Offences by companies
70. Constitution of a Special Court
71. Special Tribunals and their powers
72. Procedure and powers of the Special Court
7 3 . Special Court to have the powers of the civil Court and the
Court of Session
74. Burden of proof
75. Trial of offences by a Magistrate with previous sanction
76. Prohibition of alienation of grabbed land
77. Review
78. Staff of the Special Court
79. Power to punish for contempt
PART 8 :- A S S I G N M E N TLEASE AND ALIENATION OF
GOVERNMENT LANDS
CHAPTER 20 :- LANDS WHICH MAY OR MAY NOT BE ASSIGNED
80. Lands of which assignment is prohibited

CHAPTER 21 :- ASSIGNMENT OF LANDS FOR CULTIVATION

81. Assignment of Government lands
82. Landless poor person
83. The extent of land which may be assigned
84. Conditions governing assignment
CHAPTER 22 :- ASSIGNMENT OF HOUSE SITE
85. Assignment of a house site
86. Conditions governing assignments
CHAPTER 23 :- PROHIBITION OF TRANSFER OF ASSIGNED LANDS
87. Prohibition of transfer of assigned lands
88. The consequences of breach of conditions of assignment
CHAPTER 24 :- ALIENATION OF GOVERNMENT LAND
89. Alienation of Government land
90. Auction of Government land
PART 9 :- R E C O R D OP RIGHTS IN LANDS, PATTADAR PASS
BOOKS AND OTHER RECORDS
CHAPTER 25 :- RECORDS OF RIGHTS IN LANDS
91. Preparation, maintenance and updating of record of rights
92. Occupants of lands to be the owners thereof
93. Intimation of acquisition of rights
94. Amendment and updating Record of Rights
95. Presumption of correctioness of entries in Record of Rights
96. Inspection and copies of record of rights
97. Bar of suit
CHAPTER 26 :- ISSUE AND MAINTENANCE OF PASS BOOKS
98. Issue of pass books
99. Entries in the pass books by registering authority
100. Entries of grant of loans and encumbrances in the pass book
101. Issue of title deeds
102. Regularisation of certain alienations
CHAPTER 27 :- PREPARAT I ON AND MAINTENANCE OF OTHER
RECORDS
103. Preparation and maintenance of holding register
104. Updating of holding
105. Annual record of cultivation
106. Any other record
PART 10 :- SPLITTING UP OF JOINT PATTAS
CHAPTER 28 :- SPLITTING UP OF JOINT PATTAS
107. Prohibition of grant of joint patta
108. Splitting up of joint patta
109. Power to exempt land or class of lands
PART 11 :- PREVENT I ONOF FRAGMENTATION OF LAND AND
CONSOLIDATION OF HOLDINGS
CHAPTER 29 :- PREVENTION OF FRAGMENTATION OF LAND
110. Determination of local area
111. Settlement of standard area
112. Determination of standard area
113. Revision of standard area
114. Entry of fragments in village record
115. Transfer, lease and partition of fragments
116. Restriction on partition of land
117. Transfer or partition contrary to the provisions of this chapter
CHAPTER 30 :- CONSOLIDATION OF HOLDINGS
118. Consolidation Officer
119. Declaration of intention to make a scheme for consolidation
120. Preparation of a draft scheme for consolidation of holdings
121. Amalgamation of road, street, lane or path with holding
122. Lands reserved for common purposes
123. Scheme to provide compensation
124. Publication of draft scheme
125. Confirmation of the draft scheme
1 2 6 . Notification of confirmation, certificates of transfer and
delivery of possession
127. Rights of owners etc. transferable for the purpose of this
chapter
128. Cost of Scheme
129. Recovery of amounts
130. Transfer of encumbrances
131. Transfer of lease
PART 12 :- L E V Y AND COLLECTION OF LAND REVENUE AND
WATER TAX
CHAPTER 31 :- ASSESSMENT, LEVY AND COLLECTION OF LAND
REVENUE
132. Power of the Government to levy and collect land Revenue
133. Assessment of land revenue
134. Enhancement, reduction or waiver of land revenue
135. Remission of land revenue
136. Suspension of collection of land revenue
137. Assessment on non-agricultural lands
CHAPTER 32 :- LEVY AND COLLECTION OF WATER TAX
138. Power of Government to levy and collect water tax
139. Notification of Government sources of irrigation
140. Determination of water tax
141. Mode of payment of water tax
142. Water tax payable under this chapter to be land revenue
143. Exemption
144. Bar of Jurisdiction of Court
CHAPTER 33 :- TREES
145. Title to the trees

PART 13 :- CEILING ON AGRICULTURAL HOLDINGS

CHAPTER 34 :- CEILING ON AGRICULTURAL HOLDINGS
146. Ceiling area
147. Increase of ceiling area in certain cases
1 4 8 . S t a n d a rd holding for different classes of lands and
computation
149. Constitution of Tribunal
150. Special provisions in respect of certain transfers, etc., already
made
151. Declaration of holdings
152. Determination of ceiling area
153. Surrender of land in certain cases
154. Vesting of land surrendered
155. Reversion and vesting of land surrendered
156. Special provision for protected tenants
157. Disposal of land vested in Government
158. Amount payable for lands vested in the Government
159. Claims for the amount payable
160. Prohibition of alienation of holding
161. Declaration of future acquisitions
162. Declaration to be furnished before registering officer
163. Constitution of Appellate Tribunal
164. Exemptions
165. Penalty
PART 14 :- R E L I E F TO AGRICULTURAL LABOURER, RURAL
ARTISAN AND SMALL FARMER
CHAPTER 35 :- RELI EF TO AGRICULTURAL LABOURERS, RURAL
ARTISANS AND SMALL FARMERS
1 6 6 . Relief to agricultural labourers, Rural Artisans and Small
Farmers
PART 15 :- ESCHEATS AND BONA VACANTIA
CHAPTER 36 :- OWNERSHIP, SUPERINTENDENCE AND POWER OF
DISPOSAL OF ESCHEAT AND BONA VACANTIA
167. Ownership of escheat
168. Ownership of bona vacantia
169. General Superintendence of escheat and bona vacantia
170. Local Officers
1 7 1 . 1Powers of disposal of escheat and Powers of disposal of
escheat and bona vacantia
CHAPTER 37 :- E N Q U I R Y RELATING TO ESCHEAT OR BONA
VACANTIA
172. Enquiry relating to escheat or bona vacantia
1 7 3 . Suit for declaration and possession of escheat or bona
vacantia
174. Possession and disposal of perishable property
175. Declararation of property as escheat or bona vacantia
176. Immovable property not to be sold for twelve years
CHAPTER 38 :- MOVABLE PROPERTY FOUND IN A PUBLIC PLACE
177. Movable property found in a public place
PART 16 :- REVENUE RECOVERY
CHAPTER 39 :- LAND REVENUE AND ITS PAYMENT
178. Security for land Revenue
179. When and to whom the land Revenue is to be paid
180. Mode of recovery of land Revenue
181. Prohibition to bid at Revenue sale
182. Interest on arrears of land Revenue
CHAPTER 40 :- ATTACHMENT AND SALE OF MOVABLE PROPERTY
1 8 3 . Attachment of movable property other than agricultural
produce
184. Articles exempt from attachment
185. Attachment of agricultural produce
186. Arrangements as to the custody etc., of agricultural produce
under attachment
187. Attachment to be proportionate and only between sunrise and
sunset
188. Places which the distrainer may force open
189. Distrainer to force open the doors in the presence of a Police
Officer
190. Punishment for unlawful entry
191. Recovery of loss from neglect in respect of distrained property
192. Penalties for fraudulent conveyance of property to prevent
distress and forcible or clandestine removal of distrained property
193. Claims to property distrained
194. Officer empowered to sell distrained property
195. Delegation of powers of Mandal Revenue Officer
1 9 6 . Investing the powers of Mandal Revenue Officer or other
Officers
197. Sale of distrained property
198. Procedure when defaulter fails to pay after notice
199. Sale of agricultural produce
200. Special provisions regarding sale of growing crops
201. Sale how conducted and when stopped
202. Payment of Sale Price
203. Sale of perishable articles
CHAPTER 41 :- ATTA C H M E N T AND SALE OF IMMOVABLE
PROPERTY
204. Service demand prior to attachment
205. Procedure when defaulter neglects to pay
206. Mode of attachment
207. Effect of existing arrangement between landlord and tenants
208. Release from attachment by persons interested
209. Payment by tenants
210. Recovery of arrears of rent due to defaulter on day of sale
211. Sale of land for arrears
212. Procedure in sale of immovable property
213. Purchase by Government
214. Stoppage of sale on payment before the lot is knocked down
215. Application to set aside sale on deposit
2 1 6 . Application to set aside sale on the ground of material
irregularity etc.
217. Confirmation or suo motu setting aside sale
218. On confirmation of sale, purchasers name to be registered
219. Delivery of possession
220. Contracts and payments binding on purchaser
221. Sale free from encumbrance and payment of surplus to the
defaulter
222. Sale of part of a land
223. Postponement of sale on tender of security
224. Mode of enforcing payment by sureties
225. Power to add legal representative
226. Minors property not to be sold
227. Special provisions for persons in military service
228. Recovery of sums due to certain banks and other public bodies
as arrears of Land Revenue
229. Recovery of dues from persons from whom money is due to
the defaulter
230. Process servers be paid batta
231. Interest and charges recoverable as arrears
232. Procedure where defaulter or surety holds property out of the
district
233. Cognizance of question relating to rate of Revenue
234. Suits by persons aggrieved by proceedings
CHAPTER 42 :- APPOINTMENT OF RECEIVER
235. Appointment of Receivers
236. Powers of Receiver
237. Discharge of Receiver and release of property from attachment
CHAPTER 43 :- ARREST AND DETENTION OF DEFAULTER OR HIS
SURETY
238. Power of arrest in case of wilful or fraudulent non-payment of
arrears
239. Procedure in case of arrest
PART 17 :- MISCELLANEOUS
CHAPTER 44 :- APPEALS AND REVISION
240. Appeals
241. Revision
242. Power of control and superintendence
243. Issue of certified copies of documents
CHAPTER 45 :- I S S U E OF SUMMONS, EXAMINATION OF
WITNESSES AND PRODUCTION OF DOCUMENTS
244. Power to issue summons
245. Terms of summons
246. Service of summons
247. Person summoned to produce may send with third party
248. When personal attendance of witnesses dispensed with
249. Examination of witnesses
250. Correction of clerical errors
CHAPTER 46 :- BAR OF LEGAL PROCEEDINGS AND PENALTIES
251. No suit etc., for acts done under this Code
252. Protection of action taken in good faith
253. Officers to be Public Servants
254. Prohibition of unauthorised alterations in the records
255. Punishment for neglect of duties
256. Cognizance of offences
CHAPTER 47 :- POWER TO MAKE RULES
257. Power to make rules
258. Power to remove difficulties
CHAPTER 48 :- REPEALS AND SAVINGS
259. Repeals and Savings
260. Code to over ride other laws
Andhra Pradesh Land Revenue Code, 1999
STATEMENT OF OBJECTS AND REASONS
PREAMBLE
Government have been considering the confication and streamling
of various laws relating to land and land administration. It is noted
that due to historical reasons, different laws have been in operation
in the different regions of the State. Commencing from the year
1802, the laws on different reenue subjects have been enacted
from time to time.
There are 210 laws which include amendments made to the laws
from time to time. From the point of view of their territorial
jurisdiction, these laws may be divided into three categories as
follows :
(i) the laws which apply to the entire State;
(ii) laws which apply to the Andhra region of the State;
(iii) laws which apply to the Telangana region of the State.
From the point of view of the relevance of these laws, again they
may be divided into three categories as follows :
(i) the laws, the purpose of enactment of which is served, except
proceedings still pending, or in any extreme case yet to be
commenced;
(ii) the laws which have fallen into disuse and are not likely to be
used in the future;
(iii) the laws which are still relevant and are in use;
The multiplicity and diversity of these laws has not been conducive
t o the ready and easy understanding of the provisions of law
relating to land by the people in general.
The Government have decided to repeal the laws which have
served their purpose or have become out dated and to streamline
and simplify various provisions of laws which are relevant now and
likely to be used for a long time to come. These provisions which
are included in the code have been made in a manner so that they
are more responsive to the needs of the present time. Different
provisions of laws prevailing in the different regions have been
integrated and brought into a comprehensive and handy code to
enable the people in general to have a clear understanding of the
laws relating to Revenue subjects.
This Bill proposes to give effect to the above decisions.
Appended to L.A. Bill No. 1 of 1999.
A Bill to amend and consolidate the Laws relating to the Land
Administration in the State of Andhra Pradesh and for matters
connected therewith and incidental thereto.
Be it enacted by the Legislative Assembly of the State of Andhra
Pradesh in the Fiftieth Year of the Republic of India as follows:--
PART 1 GENERAL
CHAPTER 1 PRELIMINARY
1. Short title, extent and commencement :-

(1) This Act may be called the Andhra Pradesh Land Revenue Code,
1999.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) It shall come into force on such date as the Government may,
by notification, appoint and different dates may he appointed for
different provisions of this Code.
2. Definitions :-

In this Code unless the context otherwise requires,--

(1) "Agriculture" with its grammatical variation and cognate
expression includes;

(i) horticulture;

(ii) raising of crops, orchards, pasture or garden produce;

(iii) plantation

(iv) forestry;

but does not include the cutting of wood;

(2) "agriculture labourer" for the purpose of Part XIV relating to

relief to agricultural labours etc., means a person who does not
hold any agricultural land and whose principal means of livelihood is
by manual labour on agricultural land, or in a dairy, poultry or
aquaculture farm, in the capacity of a labourer on hire or on
exchange, whether paid in cash or in kind or partly in cash and
partly in kind and whose spouse or any son or any unmarried
daughter has also no income from any source other than manual
labour on agricultural land or in a dairy, poultry or aquaculture
farm, as an agricultural labourer.

(3) "Agricultural Land" means land, which is used for agriculture or

is reserved for growing forests and includes

(i) fallow land;

(ii) the sites of farm buildings appurtenant to agricultural land;

(iii) the sites of dwelling houses appurtenant to agricultural land
occupied by agriculturists and land appurtenant to such dwelling
houses;

(4) "Agricultural Year" means the year which commences on the 1st
day of July of a calendar year and ends on the 30th day of June of
the next following calendar year;

(5) "Appellate Tribunal" for the purpose of Part XIII relating to

ceiling on agricultural lands means the Appellate Tribunal
constituted under Section 163 and where no such Appellate
Tribunal is in existence the concerned District Collector;

(6) "Ayacut or Command Area" means an area irrigated or capable

being irrigated either by gravitational flow or by lift irrigation or by
any other method from a Government or corporation source of
water and includes every such area whether it is called "ayacut" or
by any other name under any law for the time being in force;

(7) "Ayacutdar" means owner of land in an ayacut;

(8) "Bona Vacantla" includes any property situated in the State of

which there is no rightful owner, but does not include an escheat or
any movable property found in a public place;

(9) "Ceiling Area" and "Standard Holding shall have the same
meaning as are assigned to them in Part XIII relating to ceiling on
agricultural holdings;

(10) "Certified Copy" or "Certified Extract" means a copy of

extracted as the case may be, certified in the manner prescribed by
Section 76 of the Indian Evidence Act, 1872, Central Act 1 of 1872;

(11) "Consolidation of Holdings" for the purpose of Part XI relating

to prevention of fragmentation and consolidation of holdings means
the amalgamation and where necessary redistribution of holdings or
portions of holdings in any village or mandal or any part thereof so
as to reduce the number of plots in holdings;

(12) "Credit Agency" for the purpose of Part IX relating to Record

of Rights, Pattadar pass books and other records means any
Banking Company as defined in the Banking Regulation Act, 1949,,
the State Bank of India and its subsidiaries, a corresponding new
bank, a Regional Rural Bank, a Co-operative Bank or Credit Society
by whatever name called and Agricultural Bank and includes any
other agency or individual the main object of which is to lend
money;

(13) "Creditor" in relation to any loan advanced to any agricultural

labourer rural artisan or small farmer, shall not include Central or
State Government, or a local authority, or a Co-operative Society
including a Land Development Bank or a nationalised or a
scheduled bank or any other agricultural labourer, rural artisan or
small farmer;

(14) "Debtor" in relation to any loan advanced to any agricultural

labourer, rural artisan or small fanner means such agricultural
labourer, rural artisan or small farmer who has borrowed loan;

(15) "Distribution System" includes--

(i) all main canals, branch canals, distributories and minor canals,
constructed for the supply and distributor of water for irrigation;

(ii) all works, structures and appliances connected with the

distribution of water for irrigation;

(iii) all field channels and farm channels and related structures
under a pipe outlet;
(16) "District Collector" or "Collector" means the Collector of the
concerned district and, where the context so requires, includes Joint
Collector and Sub-Collector;

(17) "District Gazette" means, the gazette published in a district

and in any district where no such gazette is published the Andhra
Pradesh Gazette;

(18) "Double Crop Wet Land" for the purpose of Part XIII relating
to ceiling on agricultural holdings means any wet land registered as
double crop or compounded double crop wet land in the land
Revenue accounts of the Government and includes any-wet land
not so registered,--

(i) for which in accordance with any scheme of localisation being

adopted under any Government source of irrigation water is
available in both the first and second crop seasons during a Fasli
year including the lands covered by Schedule-B and Part-II of
Schedule-C appended to the draft rules for the irrigation of lands in
the Godavari Western, Eastern and Central deltas published in the
Rules Supplement to Part-II, Extraordinary of the Andhra Pradesh
Gazette dated the 16th July, 1962;

(ii) on which two crops per Fasli year have or a dufassal crop has
been raised with the use of water from a Government source of
irrigatio in any four Fasli years within a continuous period of six
Fasli years immediately before the specified date;

(iii) which is capable of raising two crops per Fasli year with the use
of water from a tube well constructed by the Government or any
person;

Provided that,--

(a) any land entitled to the supply of water from a Government

source of irrigation and on which two irrigated crops per Fasli year
have or a dufassal crop has not been raised with the use of water
from such source in any four Fasli years within a continuous period
of six Fasli years immediately before the specified date for want of
supply of water from such source;

(b) any land for which in accordance with any scheme of

localisation being adopted under any Government source of
irrigation water is mace available during the second crop seasons
solely in consideration of the likelihood of the loss of the first crop
on account of submersion, salinity, tidal action or the like;

(c) any land to which water has been specifically supplied on a

temporary basis for raising a second crop by diversion of water
intended for eventual utilisation elsewhere;

(d) any land irrigated by Government source of irrigation covered

by proviso (iii) to Section 148.

shall not be deemed to be double crop wet land;

(19) "Drainage System" includes--

(i) channels either natural or artificial for the discharge of waste or

surplus water and all works connected therewith or ancillary
thereto;

(ii) escape channels from an irrigation or distribution system and

other works connected therewith but does not include work for
removal of sewage;

(iii) all collecting drains and main drains to drain off surplus water
from field drains;

(iv) all field drains and related structures under pipe out let.
(20) "Drainaged work" includes the following;--

(i) natural or artificial channels for the discharge of waste or surplus

water and all works connected with or auxiliary to such channels;

(ii) escape channels of an irrigation work, dams, weirs,

embankments, sluices and groins;

(iii) and work constructed or improved by the Government for the

purpose of reclamation by means of improvement of the
surrounding drainage and

(iv) all works for the protection of lands from inundation or erosion
constructed or maintained by the Government either wholly or in
part;

(21) "Dry Land" means land registered as dry, manavari,

asmantari, baghat or garden land, or special rate dry land in the
land Revenue accounts of the Government or assessed as such and
includes any other land excluding wet land.

(22) "Escheat" means any property the owner of which dies

intestate and without leaving legal heir;

(23) "Family unit" for the purpose of Part XIII relating to ceiling on
agricultural holdings means,--

(i) in the case of an individual who has a spouse or spouses, such

individual the spouse or spouses and their minor sons and
unmarried minor daughters, if any;

(ii) in the case of an individual who has no spouse, such individual

and his or her minor sons and unmarried minor daughters,
(iii) in the case of an individual who is divorced husband and who
has not remarried, such individual and his minor sons and
unmarried minor daughters, whether in his custody or not, and

(iv) where an individual and his or her spouse are both dead, the
minor sons and unmarried daughters.

ExplanationWhere a minor son is married, his wife and their

offspring, if any shall also be deemed to be members of the family
unit of which the minor son is a member;

(24) "Fasli year" means a period of twelve months commencing

from the first day of July every year;

(25) "Field Channel" includes a channel existing or to be

constructed by the Government or by the landholders or by any
agency to receive and distribute water from a pipe outlet;

(26) "Field Drain" includes a channel excavated and maintained by

the landholder or by any other agency to discharge waste or
surplus water from the land holdings under a pipe outlet and
includes drains, escape channels and other similar works existing or
to be constructed.

(27) "Fragment" for the purpose of Part XI relating to prevention of

fragmentation and consolidation of holdings means the plot of land
of less extent than the appropriate standard are determined under
the said Part;

(28) "Government" means the Government of Andhra Pradesh;

(29) "Government soruce of Irrigation" for the purpose of Part XIII

relating ceiling on agricultural holdings means source of irrigation
registered in Land Revenue accounts of the Government as such
including a well constructed or maintained by the Government or
any local authority but does not include a spring; channel, parre
kalva, naddinala, vagunala, kasam, sona, bila, uppalwat bonda,
doruvu bhukri, kole or cross bunding;

(30) "Holding" for the purpose of Part XIII relating to ceiling on

agricultural holdings means the entire land held by a person,--

(i) as an owner;

(ii) as a limited land owner;

(iii) as an usufructuary mortgagee;

(iv) as a tenant;

(v) who is in possession by virtue of mortgage by conditional sale

or through part performance of a contract for the sale of land or
otherwise, or in one or more of such capacities and the expression
"to hold land" shall be construed accordingly;

Explanation Where the same land is held by one person in one

capacity and by another person in any other capacity, such land
shall be included in the holding: of both such persons.

(31) "Irrigated Dry Crop" includes dry crop which is irrigated with
the water of an irrigation work;

(32) "Irrigation Officer" means an officer appointed under Section

32;

(33) "Irrigation system under a pipe outlet" includes the field

channels and field drains with all the related structure thereto;
(34) "Irrigation Works" include,--

(i) all rivers and natural streams or parts thereof;

(ii) all lakes and other natural collections of water or parts thereof;

(iii) all tanks, wells, tube wells, reservoirs, ponds, kuntas, streams
and madugus used for the supply or storage of water for purposes
of irrigation;

(iv) all canals, channels, anicuts, dams embankments, weirs,

sluices, groynes, kuntas and other works other than escape
channels connected with or auxiliary to the irrigation works referred
to in sub-clauses (i) to (iii);

(v) all drainage channels the water of which is utilised for the
purpose of irrigation;

(vi) all lands used for the purpose of irrigation works referred to in
sub-clauses (i) to (v);

(vii) all buildings, machinery fences, gates, roads and other

erections occupied by, or belonging to the Government and
connected with an irrigation work; which: are owned, maintained,
constructed or controlled by the Government;

(35) "Joint Holding" means a parcel or parcels of land held by two

or more persons under a joint patta;

(36) "Joint Pattadars" in relation to a Joint holding means the

persons who hold land under a joint patta or whose names are
registered in the Revenue records as joint \pattadars or as joint
occupants and who are jointly and severally liable to pay land
revenue in respect of such holding;

(37) "Land" for the purpose of Part VII of this Code includes rights
in or over land and benefits to arise out of land and buildings,
structures and other things attached to the earth or premanently
fastened to anything attached to the earth;

(38) land in relation to ceiling on agricultural holdings means land

which is used or is capable of being used for purposes of
agriculture, or for purposes ancillary thereto including horticulture,
forest land, pasture land, plantation and tope and includes land
deemed to be agricultural land under Part XIII.

Explanation I Where any land is held under ryotwari settlement it

shall, unless the contrary is proved, be deemed to be land under
Part XIII.

Explanation II "Land" shall not include the land appurtenant to a

building;

(39) "Land" except for Parts VII and XIII means agricultural land or
non-agricultural land and includes rights in or over land, benefits to
arise out of land and buildings, structures and other things
attached to the earth or permanently fastened to anything attached
to the earth.

Provided that for the purpose of Parts V, Chapter XXI of Part VIII
and Part X to Part XIII of this Code land shall mean only
agricultural land;

(40) "Land Belonging to a private person" in relation to prohibition

of land grabbing means any land belonging to,--

(i) an evacuee
(ii) a military personnel; or

(iii) any other private individual

Provided that the value or the extent of such land or the nature of
the evil involved is of substantial nature so as to require, in the
interests of justice, intervention under Part VII of this Code;

(41) "Land Grabber" for the purpose of Part VII relating to

prohibition of land grabbing means a person or a group of persons
who commits or attempts to commit land grabbing and includes
any person who gives financial aid to any person for taking illegal
possession of land for construction of unauthorised structures
thereon, or who collects or attempts to collect from any occupiers of
such land rent, compensation and other charges by criminal
intimidation, or who abets the doing of any of the above mentioned
acts; and also includes the successors in interest;

(42) "Land Grabbing" for the purpose of Part VII relating to

prohibition of land grabbing means every activity of grabbing of or
attempting to grab any land belonging to the Government, or local
authority, or a religious or charitable institution or endowment
including a wakf or any private person, by a person or group of
persons without any lawful entitlement and with a view to illegally
taking possession of such land, or entering into or creating illegal
tenancies or least and licence agreements or any other illegal
agreements in respect of such land, or constructing unauthorised
structures thereon for sale or hire, or giving such land to any
person on rental or lease and license basis for construction or use
and occupation of unauthorised structures and "to grab land" shall
be construed accordingly.

(43) "Land Holder" in relation to an irrigation system means an

owner or a tenant recorded as such in the Record of Rights
maintained under Part IX of this Code in respect of land in the
notified ayacut area of an irrigation system;
(44) "Land Revenue" means an assessment and includes every
cess, by whatever name called, which the Government is entitled to
levy and collect, in respect of every land in the State or any other
due payable to the Government under the relevant provisions of
this Code or any other law for the time being inforce;

(45) "Law" includes any enactment, ordinance, regulation, order,

bye-law, rule, scheme, notification or other instrument having the
force of law;

(46) "Loan" for the purpose of Part XIV relating to relief to

agricultural labourer etc. includes any loan by or from Central
Government or any State Government, or any local authority or a
co-operative society or a nationalised bank or a scheduled bank, or
a Government company or Life Insurance Corporation of India or
any other corporation established by or under any law for the time
being in force and owned or controlled by the Central Government
or any State Government;

(47) "Local Area" means any area notified as local area;

(48) "Maintenance" in relation to an irrigation system means

execution of such works on the irrigation system as are necessary
to ensure that the physical system designed to the standards
operates for proper distribution of water to the land holders in the
area of operation;

(49) "Non-agricultural Land" means land used or is intended or

reserved for use for any purpose other than agriculture;

(50) "Notification" means a notification published in the Andhra

Pradesh Gazette and the expression "notify" or "notified" shall be
construed accordingly;

(51) "Notified Date" for the purpose of Part XIII relating to ceiling
on agricultural holdings means the date on which the Andhra
Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973,
came into force that is 1-1-1975 (Act 1 of 1973);

(52) "Occupant" means a person in actual possession of land other

than a tenant or a usufructuary mortgagee;

(53) "Owner" in relation to a land means a person who holds,

subject to the rights of the State therein, totality or rights and
interests in such land and where such land is under mortgage or
lease or is subject to a charge, or is held by any person as a limited
owner, the person who holds, subject as aforesaid, all the residuary
rights and interests therein;

(54) "Owner" in relation to ceiling on agricultural holdings includes

a person by whom or in whose favour a trust is created, but does
not include a limited owner and in the case of any land not held
under ryotwari settlement a person who is or would be entitled to
the grant of a ryotwari patta or to the registration as an occupant
in respect of such land under any law for the time being in force
providing for the conversion of such land into ryotwari tenure and
where there is no such law any person holding such land
immediately before the specified date otherwise than in any one of
the capacities specified in sub-clauses (ii) to (v) of clause (33) but
does not include a limited owner;

(55) "pattadar" in relation to a land includes a person whose name

is recorded as pattadar in respect thereof in the Record of Rights
and other Revenue accounts of the Government:

(56) "Person" for the purpose of Part XIII relating to ceiling on

agricultural lands means an individual a family unit, trustee, a
company, a firm, a society, a religious or charitable institution or
endowment, a group or body of person or an association of
individuals, whether incorporated or not;

(57) "pipe Outlet" means an opening or contrivance constructed by

the Government in an irrigation system through which water is
delivered for irrigation at the periphery of the localised area
ordinary not exceeding forty hectares;

(58) "Prescribed" means prescribed by rules made under this Code;

(59) "Revenue Division, Mandal and Village" mean respectively any

area, which is notified as a Revenue Division, Mandal or Village
under Part II of this Code;

(60) "Rural artisan" for the purpose of Part XIV relating to relief to
agricultural labourers etc. means a person who does not hold any
agricultural land and whose principal means of livelihood is
production or repair of traditional tools implements and other
articles or things used for agriculture, dairy, poultry, or aquaculture
farm, or purposes ancillary thereto and whose spouse or any son or
any unmarried daughter has also no income from any source other
than by assisting him in the production or repair of such tools
implements and other articles or things;

(61) "Small farmer" for the purpose of Part XIV relating to relief to
agricultural labourers etc. means a person whose principal means of
livelihood is income derived from personal cultivation of agricultural
land as owner or mortgagee or tenant the extent of which does not
exceed 5 acres of wet land or 10 acres of dry land and whose
spouse or any son or any "unmarried daughter has no income from
any source; other than by assisting him in such personal
cultivation.

(62) "Special Tribunal" for the purpose of Part VII relating to

prohibition of land grabbing means a Court of the District Judge
having jurisdiction over the area concerned and includes the Chief
Judge, City Civil Court, Hyderabad:

(63) "Specified date" for the purpose of Part XIII relating to ceiling
on agricultural holdings means--
(i) in the case of declaration required to be filed under Section 151
the notified date;

(ii) in the case of a declaration required to be filed under Section

161 the date of acquisition, usufructuary mortgage, lease,
marriage, adoption or alteration in the classification of land referred
to therein, as the case may be;

(64) "Standard holding" for the purpose of Part XIII relating to

ceiling on agricultural holdings means the extent of land specified
in Section 148 to be the standard holding;

(65) "State" means the State of Andhra Pradesh;

(66) "Sub-Collector" includes Assistant Collector, Revenue Divisional

Officer and Deputy Collector who is in charge of a Revenue Division
and Deputy Collector means a Sub-Collector who is not in charge of
a Revenue Division.

(67) "Survey" includes all operations incidental to the

determination, measurement and record of a boundary or
boundaries or any part of a boundary of a land and includes
resurvey;

(68) "Survey mark" means any mark or object erected, made,

employed or specified by a Survey Officer to indicate or determine
or assist in determining the position or level of any point or points;

(69) "Tribunal" for the purpose of Part XIII relating to ceiling on

agricultural holdings means a tribunal constituted under Section
149 and where no such tribunal is in existence, the concerned
Revenue Divisional Officer;

(70) "Unauthorised structures" for the purpose of Part VII relating

to prohibition of land grabbing means any structure constructed
without express permission in writing of the Municipal
Commissioner or any Municipal Corporation or Municipality and
elsewhere of the authority concerned, or except in accordance with
any law for the time being in force in the area concerned.

(71) "Water course" means any channel or pipe not maintained at

the cost of the Government, which is supplied with water from an
irrigation work and includes all subsidiary works connected with any
such channel or pipe, except the sluice or outlet through which
water is supplied from irrigation work to such channel or pipe;

(72) Water tax" means tax levied under Section 138 of this Code;

(73) "Wet land", "single crop wet land" and "double crop wet land"
shall respectively mean land registered as wet, or as single crop
wet or as double crop wet in the Record of Rights and other records
of lands prepared and maintained by the Government;

(74) "Wet land" in relation to ceiling on agricultural holdings means

land registered as wet, single crop wet, compounded double crop
wet or special rate wet land in the land Revenue accounts of the
Government or assessed as such and includes any land not
registered as wet which has been

(i) included in the ayacut of any Government source of irrigation;

(ii) irrigated by water from any Government source of irrigation in

any four Fasli years within a continuous period of six Fasli years
immediately before the specified date; or

(iii) irrigated by a tube well constructed by the Government or any

person:

Provided that any land which has been registered as wet land in
the land Revenue accounts of the Government on which no
irrigated crop has been raised with the use of water from a
Government source of irrigation in any four Fasli years within a
continuous period of six Fasli years immediately before the
specified date for want of supply from such source shall not be
deemed to be wet land;

(75) "Work" for the purpose of Part V relating to irrigation and

drainage works and water courses means irrigation or drainage
work;

P A R T 2 FORMATION OF DISTRICTS,REVENUE FORMATION OF

DISTRICTS, REVENUE DIVISIONS, MANDALS AND VILLAGES
C H A P T E R 2 DIVISION OF STATE INTODISTRICTS, REVENUE
DIVISIONS, MANDALS AND VILLAGES
3. Division of State into Districts, Revenue Divisions,
Mandals and Villages :-

(1) The Government may, for the purpose of Revenue

administration by notification from time to time, divide the State
into such districts, each district into such Revenue divisions, each
Revenue division into such Mandals and each Mandal into such
villages, with such boundaries and names as it may specify therein.

(2) On the commencement of this Code, the existing districts,

Revenue divisions. Mandals and villages, with their present
boundaries and names shall be deemed to have been formed as
such under sub-section (1).

(3) The Government in the interest of better administration and

development of the areas, may from time to time by notification,
and in the manner prescribed.

(a) form a new District, Revenue Division or Mandal; or

(b) increase the area of any District Revenue Division or Mandal; or

(c) diminish the area of any District Revenue Division or Mandal; or

(d) abolish or alter the boundaries of any District, Revenue Division

or Mandal; or

(e) alter the name of any District, Revenue Division or Mandal; on

the basis of historical association, geographical contiguity, physical
features, common interests and problems, cultural affinity,
e d u cat ion al requirements, infrastructure facilities, economic
progress and administrative convenience and such other factors as
the Government may, from time to time consider necessary.

(4) The Chief Commissioner of Land Administration, in the interest

of better administration and development of the area, may, from
time to time, by notification and in the manner prescribed,--

(a) form a new village; or

(b) increase the area of any village;

(c) the area of any village; or

(d) abolish or alter boundaries of any village; or

(e) alter the name of any village; on the basis of historical

association, geographical contiguity, physical features common
interests and problems, cultural affinity, educational requirements,
economic progress and administrative convenience and such other
factors as the Chief Commissioner of Land Administration, may,
from time to time, consider necessary.

(5) Before issuing any notification under this section, the

Government or the Chief Commissioner of Land Administration, as
the case may be, shall publish in such manner as may be
prescribed, the proposal inviting objections or suggestions, from
the residents of the District, Revenue division, Mandal or village
who are likely to be affected thereby, within the period specified
therein, and shall take into consideration objections or suggestions,
if any, received.

(6) Commissioners and their powers Any notification under this

section may contain such supplemental, incidental and
consequential provisions (including provisions as to adaptation and
construction of laws) as the Government or the Chief Commissioner
of Land Administration, as the came may be, may deem necessary.

PART 3 OFFICERS INCHARGE OF REVENUE ADMINISTRATION

CHAPTER 3 COMMISSION AND THEIR POWERS
4. Commission and their powers :-

(1) The Government may, by notification from time to time,

appoint a Chief Commissioner of Land Administration and such
number of other Commissioners as it may deem fit who shall
exercise such powers as are vested in them by this Code and the
rules made thereunder or any other law for the time being in force.

(2) The Government may, by notification also authorise any such

Commissioner to exercise throughout the State or within such area
as may be specified therein, any of the powers vested in any other
authority under the control of the Government under any law for
the time being in force and may, in like manner, withdraw such
authorisation.

CHAPTER 4 DISTRICT OFFICERS AND THEIR POWERS

5. Collectors and Special Collectors :-

(1) The Government shall appoint, for each District, a Collector,

who shall be subordinate to the Chief Commissioner of Land
Administration and shall, within his district exercise such powers as
are conferred and discharge such duties as are imposed on him by
or under this Code and the rules made thereunder or any other law
for the time being in force, and exercise such other powers and
discharge such other duties as the Government may by notification
specify.

(2) The Collector may publish or cause to be published in the

District Gazette such notifications as may be prescribed by any
other law for the time being in force or authorised by the
Government, as the case may be.

(3) The Government may, if it considers necessary so to do appoint

a Special Collector for any District for land acquisition for projects
and invest him with such powers of the Collector as it deems fit.

6. Joint Collectors :-

The Government may, if it considers necessary so to do, appoint a

Joint Collector for and district and invest him with such powers of
the Collector as it deems fit.
7. Delegation of powers of Collector :-

(1) Not withstanding anything to the contrary in any law for the
time being in force, the Government may, by notification, from
time to time, authorise any Joint Collector or any other officer of
the Government not below the rank of a Deputy Collector to
exercise such of the powers of the Collector, vested in him by or
under this Code and the rules made thereunder or any other law for
the time being in force, as may be specified therein, and may, in a
like manner withdraw such authorisation:

Provided that such authorisation shall not preclude the Collector, in

respect of any such matter, to exercise the power delegated to the
Joint Collector or other officer thereunder, on which to the extent of
such matter the authorisation shall be of no effect.

(2) The authorisation to the Joint Collector or any other officer to

exercise such powers of the Collector as are specified therein as on
the commencement of this Code shall, be deemed to have been
given under sub-section (1).

8. Appeal and revision against orders of Joint Collector or

other officer :-

An appeal or revision against any, order of the Joint Collector or

other officer, made in exercise of the power delegated to him under
Section 7, shall like to such authority or officer as if it were an
order of the Collector.
9. Notification to be laid before the Legislature :-

Every notification issued under Section 7 shall be laid, as soon as

may be, after it is issued, before the State Legislature while it is in
session for a total period of fourteen days which may be comprised
in one session or in two successive sessions and if, before the
expiry of the session in which it is so laid or the session
immediately following the House agrees in making any modification
i n the notification or agrees that the notification should not be
issued, the notification shall thereafter have effect only in such
modified form or be of not effect, as the case may be, so however
that any such modification or annulment shall be without prejudice
to the validity of anything previously done under that notification.
10. Additional Charge during the absence of the Collector :-

Where the Office of the Collector of a District vacant for any reason
the Joint Collector or if no Joint Collector is appointed for such next
senior most officer incharge of Revenue Administration on duty, in
such district, or such other officer as the Government may, by
order, specify, shall hold additional charge of the office of such
Collector and exercise his powers and perform his functions till tine:
Collector resumes, or his successor assumes charge of the office.
11. Sub-Collectors :-

The Government may appoint for each Revenue division a Sub-

Collector, who shall be subordinate to the Collector and shall within
such Revenue division exercise such powers and discharge such
duties as are imposed by or under this Code and the rules made
thereunder or any other law for the time being in force and, such
other powers and duties as may be conferred or imposed by the
Government or by the Collector from time to time, by a general or
special order.
12. Deputy Collectors and their powers and functions :-

The Government may appoint, in any district, one or more Deputy

Collectors, who shall be subordinate to the Collector and shall
exercise such powers and discharge such duties within such local
areas as the Government may, by notification, specify and such
other powers and duties as the Collector may direct from time to
time.
13. Mandal Revenue Officers, their powers and functions :-

(1) The Government or such authority as the Government may

from time to time authorise, by notification, appoint a Mandal
Revenue Officer for each Mandal, who shall be subordinate to the
Collector of the district and Sub-Collector of the Revenue division
and shall, within the Mandal, exercise such powers as are vested in
him and discharge such duties as are imposed on him by or under
this Code and the rules made there under or any other law for the
time being in force, and such other powers and duties as may be
conferred or imposed by the Government or by a general or special
order of the Collector or the Sub-Collector from time to time.

(2) The Collector may, if he considers expedient so to do, by a

general or special order confer upon a member of establishment of
a Mandal Revenue Office next in rank and seniority to the Mandal
Revenue Officer, any of the powers of a Mandal Revenue Officer
under this Code and the rules made there under, or any other law
for time being in force.

CHAPTER 5 ESTABLISHMENT
14. Members of establishment :-

(1) All appointments to the posts in the offices of the Chief

Commissioner of Land Administration, Commissioners, Collectors,
Special Collector, Sub-Collector, Deputy Collector, Mandal Revenue
Officer and other authorities shall be made in accordance with the
relevant recruitment rules for the time being in force and the
persons so appointed shall discharge such duties as are assigned to
them.

(2) The Government for the better administration of the villages,

may provide by rules for appointment of Village Administrative
Officers and their subordinates, their conditions or service, duties,
and responsibilities as they deem fit.

P A R T 4 SURVEY OF LANDS ANDDETERMINATION OF THEIR

BOUNDARIES
C HA P T E R 6 DIRECTOR OF SURVEY ANDLAND RECORDS AND
SURVEY OFFICERS
15. Director of Survey and Land Records :-

(1) The Government may, by notification, appoint a Director of

Survey and Survey and Land Records who shall be Head of the
Department subject to the supervision, control and direction of the
Chief Commissioner of Land Administration and he shall be Ex-
officio Secretary to the Chief Commissioner of Land Administration.

(2) The Government may also appoint a Joint Director and such
number of Deputy Directors, Assistant Directors and other officers
as it deems fit.

(3) The Officers appointed under sub-section (1) or sub-section (2)

shall exercise the powers conferred and perform the duties imposed
on them by or under this Code and the rules made thereunder or
any other law or the time being in force and such other powers and
duties as may be conferred or imposed by the Government from
time to time.

16. Survey Officers :-

(1) The Government may, by notification, appoint any person
either by name or by virtue of his office to be a Survey Officer for
all or any of the purposes of this part who shall exercise such
powers and perform such duties of a Survey Officer within such
local limits and for such periods of time as the Government may
specify therein.

(2) The Government may, by notification, delegate its powers

under sub-section (1) to such officer, as it deems fit.

CHAPTER 7 THE SURVEY OF LANDS

17. Survey of any land or any boundary thereof :-

(1) The Government, or subject to the control of the Government,

any authority or officer to whom such power is delegated by it may,
by notification, order survey of any land or of any boundary
thereof.

(2) Without prejudice to the generality of sub-section (1) the

Government or subject to the control of the Government, any
authority or officer to whom such power is delegated by it,
wherever consider necessary, may, by notification, order survey of
any town or urban area, as the Government may deem fit.

18. Publication of notification by Survey Officer :-

(1) When any survey is ordered under Section 17, the Survey
Officer shall publish a notification in the prescribed manner, inviting
all persons having any interest in the land or boundaries, the
survey of which has been ordered, to attend either in person or by
agent at a specified place and time and from time to time
thereafter, when called upon, for the purpose of pointing out the
boundaries and supplying information in connection therewith.

(2) A notification published under sub-section (1) shall be a valid

notice to every person having any interest in the land or in the
boundaries the survey of which has been ordered.

19. Manner of Survey :-

The Survey shall be carried out in the manner prescribed.

20. Determination and apportionment of the cost :-

The cost, if any, of the labour employed and of the survey marks
used in any survey ordered under Section 17 shall be determined
and appointed in the prescribed manner among the persons who
have any interest in the land or in the boundaries, the survey of
which has been ordered, notice of which shall be given to such
persons in the prescribed manner and such cost shall be
recoverable from them as an arrear of land Revenue.
21. Power of Survey Officer to determine and record an
undisputed boundary and intimation to the owners thereof
:-

(1) The Survey Officer shall have power to determine and record as
undisputed any boundary in respect of which no dispute is brought
to his notice.

(2) The intimation of every decision of the Survey Officer under

sub-section (1) shall be given, in the prescribed manner, to the
owners of lands, the boundaries of which may be affected by such
decision.

22. Power of Survey Officer to determine and record a

disputed boundary :-

Where a boundary is disputed, the Survey Officer shall issue a

notice to the parties to the dispute and other persons, whom he
has reason to believe to be interested in such boundary and require
them to make their written representations, if any, in regard
therein within the period specified therein, receive such
representations, if any as may be made within such period, make
such further enquiry as he considers necessary and give an
opportunity of hearing to them in regard to the representations, if
any, received and further enquiry made and shall, thereafter decide
the dispute with reasons therefore and record it, notice of which
shall be given to the parties to the dispute and such other persons
in the manner prescribed.
23. Modification of the record prepared under Section 21 or
22 consequent upon the decision of the appellate authority
:-

W here an appeal is filed against a decision of the Survey Officer

made under Section 21 or 22 the record prepared thereunder shall,
i f necessary be modified in accordance with the decision of the
appellate authority.
Explanation The decision of the Survey Officer made under Section
21 or 22 or of the appellate authority shall not affect the title of
any person to any land, any boundary of which has been
determined thereunder and shall not interrupt adverse possession,
if any, of any person thereon.
24. Notification of completion of demarcation :-

When the survey of any land or boundary or town or urban area

which was ordered under Section 117 is completed in accordance
with the order passed under Section 21 or 22 or the order of the
appellate authority under Section 23, the Survey Officer shall notify
the fact in the District Gazette and a copy of such notification shall
b e displayed in the concerned panchayat office and, unless the
survey so ordered is modified by a decree of civil court under
Section 25, the record of the survey shall be conclusive proof that
t h e boundaries determined and recorded therein have been
correctly determined and recorded.
25. Right of suit against determination of boundary under
Section 21 or 22 or on appeal :-

Any person aggrieved by the determination of any boundary under

Section 21 or 22 or on appeal may subject to the other provisions
of the Indian Limitation Act 1963 (Central Act 36 of 1963) institute
a suit, with all persons whom he has reason to believe to be
interested in such boundary as parties thereto, within three years
from the date of notification under Section 24, to set aside or
modify the said determination and the survey and the record shall,
if the decree passed in such suit so necessitate, be altered in
accordance therewith.
26. Responsibility of the owners for the maintenance,
renewal and repair of survey marks :-

(1) Every owner of a land shall maintain, renew and repair the
survey marks on or within the boundaries of his land and, in default
thereof, the Survey Officer may, after serving on him a notice
calling upon him to maintain renew or repair any such survey marks
within the period specified therein, which shall not be less than 15
days from the date of the service of such notice on him and on his
failure to comply with such notice renew, or repair such survey
marks, apportion the cost thereof, which may include the cost of all
operations incidental to such maintenance, renewal or repair but
not any charges on account of Survey Officers and supervising
establishment, among the persons who have any interest in such
land or in the boundaries having such survey marks and recover
the same as an arrear of land revenue.

(2) If the notice under sub-section (1) can not be served personally
on the owner, a copy of the same shall be served also on the
occupier or other persons interested in the said land.

27. Demarcation etc., on application :-

The Survey Officer, may, on the application of the owner, Pattadar,

or occupier of a land and on deposit of the requisite charges
therefor by him, demarcate his entire land or sub-division thereof,
and determine its boundaries and shall, on his application and at
his cost, furnish a copy of such demarcation to him.
28. Division of land on application :-

The Survey Officer, may, on the application of all co-owners or Joint

Pattadars, or joint occupiers of a land, divide such land at their
cost, determine, the boundaries of such sub-divisions and record
them with separate sub-division numbers and furnish a copy of
such demarcations to them at their cost.
29. Power of Survey Officer to enter upon any land :-
For the purpose of any survey, inquiry or other proceedings under
t h is part the Survey Officer or any of the subordinate of such
Officer shall have power to enter upon examine and measure any
land under survey and to clear by cutting down or removing any
trees or jungle fences, standing crops or other material obstructions
on the boundaries or other lines, the clearance of which may be
necessary for the purposes of the survey.
30. Recovery of survey expenses :-

(1) Where a person interested in a land under survey incurs any

expenses or any expenses are recovered from him under this part
in respect of such survey he shall, if he be not the owner of such
land, acquire a charge on such land to he extent of the expenses so
incurred by or recovered from him with interest thereon at such
rate as may be prescribed.

(2) Where the lessee of such land pays such expenses, he may
deduct the same with interest at the prescribed rate from any rent
due by him in respect thereof.

(3) Where a person who pays such expenses or from whom such
expenses are recovered is a co-owner of such land, he shall acquire
a charge upon such land only to the extent of the said expenses as
relate to the share of other co-owners thereof with interest at the
prescribed rate.

P A R T 5 IRRIGATION AND DRAINAGEWORKS AND WATER

COURSES
CHAPTER 8 IRRIGATION OFFICERS
31. Applicability of the provisions of this part :-

The provisions of this part shall apply subject to the provisions of

t h e Andhra Pradesh Farmers Management of Irrigation Systems
Act, 1997.
32. Irrigation Officers :-

The Government may, by notification from time to time, appoint

irrigation Officers for the purpose of this part and fix the local limits
of Jurisdiction of each Irrigation Officer.
33. Delegation of Powers :-

The Government may, by notification from time to time, authorise

any officer to exercise any of the powers vested in it under this
part, except the power to make rules, but subject to such
restrictions and conditions as it may specify therein.
CHAPTER 9 RIGHTS OF THE GOVERNMENT
34. Government to be the owner of all irrigation and
drainage works :-

(1) All irrigation and drainage works in the State, except those
transferred to the Andhra Pradesh Water Irrigation Resources
Development Corporation under Section 15 of the Andhra Pradesh
Water Resources Development Corporation Act, 1997 shall vest,
and shall be deemed to have always been vested with the
Government.

(2) Provided that the Collectors may permit any person to construct
or maintain any private irrigator work, other than a well, or a
drainage work.

35. Construction of new irrigation and drainage works :-

W henever it appears expedient the Government may, plan,

investigate, design, and construct new irrigation and drainage
works in the State other than in the area of the Andhra Pradesh
Water Resources. Development Corporation and may for such
construction acquire any land under the Land Acquisition Act, 1894
which shall be deemed to be for a public purpose within the
meaning of the said Act.
36. Powers of Government :-

The Government shall in respect of irrigation and drainage works

vested Government with them have the power.
(a) to control and regulate the collections, retention and
distribution to waters of irrigation works for the purpose of
irrigation or drainage, as the case may be;

(b) to maintain and repair all irrigation and drainage works;

(c) to alter, improve or extend any irrigation or drainage work;

(d) to change the distributories of water supply;

(e) to raise the full tank level of any tank or to take any other
measure for in creasing its capacity or efficiency.

(f) to close down, temporarily or permanently, any irrigation or

drainage work; and

(g) to do such other things as may be prescribed.

37. Power of Irrigation Officer to enter, upon any land or

building :-

The Irrigation Officer or any Officer subordinate to him may, for the
purpose of protection, regulation, construction, maintenance,
repair, alteration, extension or improvement of any irrigation or
drainage work under the control of the Government, or regulation
of use of water, or measurement of the land irrigated thereby, or
for such other purpose, enter upon any land or building adjacent
to, or in the neighborhood of, such irrigation or drainage work, or
upon land through which an irrigation or drainage work is proposed
to be made and, if, for the said purpose, he considers if necessary
so to do, may construct, execute or do any work on such land or
property;
Provided that except in an emergency, before entering upon such
land or building he shall give to the person likely to be affected
thereby a reasonable notice of his intention to do so and in any
event an adequate opportunity for the women in the premises to
withdraw.
38. Maintenance of means of crossing canals :-

The Government shall, at its cost, provide and maintain suitable of

crossing means of crossing canals and channels at such places as it
thinks necessary for the reasonable convenience of the owners of
adjacent lands and the public.
CHAPTER 10 DETERMINATION AND LOCALISATION OF AYACUTS
39. Determination of ayacut :-

The Government shall on the basis of contiguity, gravity, past use

and such other factors as may be prescribed, determine from time
to time the command area of each irrigation work in the State,
other than those in the area of operation of the Andhra Pradesh
Water Resources Development Corporation.
40. Specification of principles of localisation :-

(1) Subject to such rules as may be made in this behalf the

Government may having regard to resources of land and water,
nature of soil, climate and other technical considerations by an
order, specify for each ayacut principles of localisation for the
purpose of irrigation.

(2) The Government may, having regard to the advancement in

technology of land and water management and other agronomic
practices alter from time to time, by an order, the principles of
localisation so specified for any command area.

Explanation The term principles of localisation shall include the

prescription of season of irrigation, the type of irrigation, such as
wet, irrigated dry, double crop, or single crop, or perennial
irrigation.

41. Classification of lands for raising different crops

according to availability of water :-

Subject to such directions as the Government may, from time to

time, issue the Collector may, in any year, having regard to the
quantity of water available in any irrigation system within his
Jurisdiction, classify, by an order, within such time and in such
manner as may be prescribed, lands under the said irrigation
system for the purpose of raising such kind of crops on each class
of land as may be specified in the order, and regulate the supply of
water for irrigation accordingly.
42. Power to prohibit growing of certain kinds of crops and
to regulate the period of sowing and duration of crops :-

(1) Whenever the Government is satisfied that for the better

cultivation of land and the optimum utilisation of water resources of
an irrigation system or for accelerated land development or for any
other reasons, it is expedient in public interest to regulate the
cropping pattern, the period of sowing and the duration or crop, it
may, by notification, make a declaration to that effect:

Provided that any person may grow any crop other than the crop
prohibited under this section with the utilisation of water from his
own source subject to such conditions and restrictions as may be
prescribed.

(2) On the making of a declaration under sub-section (1) the

Director of Agriculture may specify by notification published in such
manner as may be prescribed, the kinds of crops that shall not be
grown on any land under such irrigation system and the periods of
sowing and duration in respect of non-prohibited crops thereof.

(3) On the publication of a notification under sub-section (2), no

person shall grow any such crop as is prohibited by the notification
on any land under such irrigation system and no person shall sow
or plant any other crop in any period or allow such crop to remain
beyond the duration specified in respect thereof in such
notification.

CHAPTER 11 WATER SUPPLY TO LANDS

43. Supply of water to lands in the ayacut :-
Lands in the ayacut of every irrigation work shall be entitled to
supply of water from such irrigation work for such crops; and
during such periods of time as are determined under Chapter X.
Provided that where the water available is insufficient for supply to
all the lands in the ayacut due to reasons beyond the control of the
Government the Irrigation Officer may, supply the waters to such
lands by rotation, by giving priority to the wet lands over the other
kinds of lands, so as to serve the needs of the largest number of
cultivators in the ayacut;
Provided further that where water tax is levied for supply of water
to the lands in the ayacut of an irrigation work under this Code or
any other law for the time being in force the owners or cultivators
of such lands shall be entitled to such supply only on payment of
such water tax within the time specified there under.

44. Person whose land is not included in the ayacut, not

entitled to water :-

No person whose land is not included in the ayacut of an irrigation

work is entitled to use the water with out the written permission of
the Collector or such other Officer as may be authorised by him in
this behalf, if the irrigation work irrigates the lands only in the
districts where it is located or the Chief Commissioner of Land
Administration if it irrigates the lands in more than one district.
45. Power to stop supply of water :-

The supply of water to any land, which is entitled to such supply,

shall not be stopped except
(a) whenever and so long as it is necessary to stop such supply for
the purpose of executing or repairing any work ordered by the
Government or other competent authority;

(b) whenever and so long as any water: course by which such

supply is received is not maintained in such repair as to prevent the
wasteful escape of water therefrom;

(c) whenever and so long as it is necessary to supply in rotation in

order to meet the legitimate demands of other lands subject to the
prior rights to water of wet lands;

(d) whenever and so long as it may be necessary to do so in order

to prevent wastage or misuse of water;--

(e) Within the periods fixed from time to time by Irrigation Officer
for the customary stoppage or diminution of water of which due
notice is given;

(f) whenever and so long as it is necessary to stop such supply

pending a change in the course thereof by an Irrigation Officer.

(g) for such other connected or incidental reasons as may be

specified.

CHAPTER 12 WATER COURSES

46. Power of Irrigation Officer to construct water course :-

(1) Whenever, suo motu or on the application of an ayacutdar, an

Irrigation Officer considers that the construction of a water course
is expedient or necessary, he shall ascertain the most suitable
alignment for such water course and cause the land which, in his
opinion, is necessary for the construction thereof to be marked out
on the ground.

(2) He shall, thereupon, publish a notice, in the prescribed manner,

in every village through which the water course is proposed to be
taken, specifying the extent of land which lies in such village and
which has been marked out under sub-section (1), with copies
thereof to every person known or believed to be the owner of the
land through which the water course is proposed to be taken and to
the Collector for publication in the Andhra Pradesh Gazette,
requiring;

(a) every owner who wishes to receive supply of water to his land
through the water course or to make use of the water course for
drainage purposes to make an application in that behalf to the
Irrigation Officer within thirty days of publication of notice;

(b) every person likely to be affected by the construction of the

water course or interested in the land on which water course is
proposed to be constructed to submit his petition to the Irrigation
Officer stating his objections to the proposed construction within
sixty days of publication of notice.

(3) The Irrigation Officer, where, he is not the Sub-Collector shall

as soon as may be after the expiry of the period specified in the
notice, make a report to the Sub-Collector regarding the proposed
water course together with a plan showing the alignment thereof
and objections if any, received by him.

47. Enquiry into objections and publications :-

(1) The Sub-Collector shall after giving notice and an opportunity of

hearing to every person known or believed to be the beneficiary of
the water course and the owners of the land through which the
water course is proposed to be taken; pass such orders in respect
of the proposed construction as he may deem fit and the order so
passed shall be published in the Andhra Pradesh Gazette.

(2) The order passed under sub-section (1), if it directs

construction of a watercourse, shall contain the following
particulars, namely:

(i) the District, Mandal, Village and the survey number and
description of the land on which the water course is proposed to be
constructed:

(ii) the approximate area of such land;

(iii) where the plan of the land is made: the place where such plan
may be inspected.

(3) Where an appeal is filed against the order of the Sub-Collector

passed under sub-section (1) the order passed by the appellate
officer in such appeal shall be published in the Andhra Pradesh
Gazette.

(4) The order of the appellate officer, passed in such appeal and
where no appeal is filed, the order of the Sub-Collector under sub-
section (1) shall, on publication in the Andhra Pradesh Gazette, be
final.

48. Acquisition of land :-

(1) Where the land needed for the purpose of construction of the
water course is not provided by the persons to be benefited by the
water course, the Sub-Collector, may acquire the land under the
Land Acquisition Act, 1894 and the said purpose shall be deemed to
be a public purpose within the meaning of the said Act (Central Act
1 of 1894).

(2) Notwithstanding anything to the contrary in the Land

Acquisition Act, 1894, the Sub-Collector may, with the written
consent of the owner thereof, take possession of the land
immediately in respect of which proceeding for acquisition has been
initiated.

49. Acquisition of land with the consent of the beneficiaries

:-

Where all the owners of lands to be benefited by any water course

give their consent in writing to the Sub-Collector for the acquisition
o f any land needed for the construction of water course,, at their
cost, he may, thereupon, acquire the needed land for the said
purpose under the Land Acquisition Act, 1894 and the said purpose
shall be deemed to be a public purpose within the meaning of the
said Act.
50. Construction of water course :-

After the land needed for construction of a water course is secured,

the Irrigation Officer may permit beneficiaries of the water course
to construct it or, in default, may himself construct it, and in the
latter case recover in such installments as may be prescribed, the
cost of such construction from the owners of the lands entitled to
the use of the water course in proportion to their respective
extents.
51. The cost of construction of water course :-

(1) The cost of construction of watercourse shall include the

following namely

(i) the cost of acquiring the land for the purpose;

(ii) the cost of construction of the water course, where such

construction is made by the Irrigation Officer under Section 50.

(iii) the cost of the works, if any, to be constructed for the passage
across the water course, of water or drainage which the water
course may intercept and for providing suitable means of
communication across it, wherever necessary;

(iv) such other cost as may be prescribed.

(2) The cost referred to in sub-section (1) shall be apportioned

among all the owners of the lands entitled to the use of the water
course in proportion to their respective extents.

CHAPTER 13 AWARD OF COMPENSATION

52. Compensation for loss or damage :-

Compensation shall be awarded to every person who suffers any

loss or damage due to the raising of level of any tank or taking of
any other measure for increasing its capacity or exercise of power
under Section 37 or stoppage or diminution in the supply of water
to his land except in the circumstances set out in the first proviso
to Section 43 or in any of the clauses of Section 45.
53. Claims for compensation :-

All claims for compensation for any loss or damage awardable under
Section 52 shall be preferred to the Sub-Collector having
jurisdiction over the local area, in which the land is situate.
54. Determination of compensation :-

The Sub-Collector shall enquire into the claims preferred under

Section 53 and after giving an opportunity of hearing to the
claimants, determine the amount of compensation, if any, to be
awarded to them.
55. Finality of the order :-

Where an appeal is filed against order of the Sub-Collector passed

the order under Section 54 the order passed by the appellate
officer and where no appeal is filed the order of the Sub-Collector
shall be final.
C H A P T E R 14 REQUISITION OF LABOURAND MATERIAL IN
EMERGENCY
56. Requisition of labour and material in emergency :-

(1) Whenever it appears to the Irrigation Officer that unless some

work or repair is immediately executed in respect of an irrigation or
drainage work, serious damage is likely to occur to such work and
that the persons or the material necessary for the proper execution
of such work or repair can not immediately, be obtained in the
ordinary manner, he may, requisition in writing, the services of
such number of able bodied male persons of the locality, village or
town and such material from such persons in the locality, village or
town as may be necessary therefor and, on such requisition, such
able-bodied male persons shall be bound to provide their personal
labour for such period as may be necessary and such persons shall
be bound to make available such material, provided it is in their
possession, for proper execution of such work or repair.
(2) The Irrigation Officer shall, as soon as may be after the
execution of such work or repair, pay for the labour provided during
day time, at the highest rate prevalent in the locality, village or
town and for the labour, if any, provided during the night, at
double such rate and for the material the market price thereof at
the time of requisition.

(3) Where execution of such work or repair causes any damage to

the land or building adjacent to or in the neighbourhood of the
place of work, the irrigation Officer shall pay to the owner of such
land or building compensation for the loss sustained with interest at
such rate as may be prescribed.

CHAPTER 15 TRANSFER OF IRRIGATION OR DRAINAGE WORKS

57. Transfer of irrigation or drainage works :-

T h e Government may, if it thinks necessary so to do, by

notification, transfer any of the irrigation or drainage works from
one department of the Government to any other department or to
any other agency.
CHAPTER 16 OFFENCES AND PENALTIES
58. Certain offences and penalties therefor :-

(1) Whoever, unlawfully, any of the following acts:

(a) damages, alters, enlarges obstructs any work;

(b) interferes with, materially increases or diminishes the supply of

water to or in, or the flow of water from, through, over or under,
any work or does any act which renders such work less useful, for
the purpose for which it was constructed;

(c) interferes with or alters the flow of water in any river or stream
so as to endanger, damage or render less useful any work;
(d) constructs, removes or alters any channel, dam, weir,
embankment, sluice or other work in contravention of the
provisions of this part;

(e) corrupts or fouls the water of any work so as to render it less fit
for the purpose of irrigation;

(f) destroys, injures, defaces or removes any land mark, level

mark, water gauge or other apparatus fixed by the authority of a
public servant;

(g) removes or injures any tree, bush, grass or other vegetation

intended for the protection or any work after a prohibitory order
has been issued by the Sub-Collector in that behalf and proclaimed
as prescribed;

(h) damages, injures or obstructs any water course or enlarges or

alters it or interfere with the flow of water therein without the
sanction in writing of the Irrigation Officer;

(i) does not comply with the requisition made under sub-section (1)
of Section 56 without a lawful excuse, the burden of proof of which
shall be on such person;

shall be punishable with imprisonment which may extend to two

years or with fine which may extend to five thousand rupees or
with both.

59. Person convicted may be required to make good the

deficiency :-

(1) Whenever any person is convicted of an offence under Section

58, or of the Offence of mischief under the Indian Penal Code in
relation to any work, the court which convicts him may order the
offender to remove the construction or obstruction or repair the
damage or replace or repair the land mark, level mark, water gauge
or other apparatus in respect of which conviction is recorded, within
such time as may be specified therein (Central Act 45 of 1860).

(2) Where such person fails to comply with the order made under
sub-section (1) within the time specified therefor, the Irrigation
Officer may carry out the work in accordance with such order and
recover the expenses incurred therefor as an arrear of land
revenue.

PART 6 ENCROACHMENT ON GOVERNMENT LANDS

CHAPTER 17 DECLARATION OF GOVERNMENT RIGHTS IN LAND
60. Right of Government to lands and other property :-

(1) Except as may otherwise be provided by any law for the time
being in force, all public roads, streets, lanes and paths, the
bridges, ditches, dikes and fences on or besides the same, the beds
of the sea and of harbours and creeks below high water mark, and
of rivers, streams, nalas, lakes and tanks, and all canals and water
courses, and all standing and flowing water, mines, quarries,
minerals, forests reserved or not, and all sub-soil rights, all trees
and all lands, wherever situated, save in so far as they are the
properties of any persons, be and are hereby declared to be the
property of the Government, subject always to all rights of way and
other public rights, to the natural and easement rights of other land
owners and to all customary rights legally subsisting.

(2) All public roads and streets and other lands vested in any local
authority shall, for the purpose of this Code be deemed to be the
property of the Government.

Explanation In this section high water mark means the highest

point reached by ordinary spring tides at any season of the year.

CHAPTER 18 UNLAWFUL OCCUPATION OF GOVERNMENT LAND

61. Levy of assessment on unlawful occupation of
Government lands :-

(1) Where any person is found to be in unauthorised occupation of

any Government land, the concerned Mandal Revenue Officer, may,
by order,

(a) evict such person from such land;

(b) forfeiture of any crop or other produce raised thereon;

(c) remove any building, structure or other construction erected

thereon or anything deposited thereon;

Explanation For the purpose of this sub-section a lessee or any

other person remaining in possession of any Government land
which was leased to such lessee, after the termination, or expiry of
the period, of such lease, or a grantee or any other person
remaining in possession of any Government land which was granted
to such grantee after an order for the resumption of such land, for
breach of any conditions of such grant, has been passed, shall also
be deemed to be a person unauthorisedly occupying such land.

(2) In addition to or in lieu of the action in sub-section (1), the

Mandal Revenue Officer may impose,

(a) if the land so occupied forms an assessed survey number or

part thereof, the full assessment of such number for the whole
period of this occupation or a part thereof proportionate to the area
occupied, as the case may be;

(b) if the land so occupied be unassessed, an assessment on the

area occupied calculated for the same period at the rate imposed
on lands of a similar quality in the neighbourhood, or at the highest
dry or wet rate of the village; as the case may be, or when no such
rates exist in such manner as may be prescribed;
Provided that payment of assessment under this sub-section shall
not confer any right of occupancy.

Explanation For the purpose of this sub-section occupation for an

incomplete portion of a fasli may be deemed to be occupation for a
whole fasli.

(3) In the case of any class of land which is ordinarily granted on

lease or licence, the Government may levy, in addition to the
assessment imposed under sub-section (2), a further sum
equivalent to, the annual rent or fee which would normally be
realisable thereon.

(4) Any person liable to pay assessment under sub-section (2),

shall also be liable at the discretion of the Sub-Collector or subject
to his control, the Mandal Revenue Officer to pay by way of
penalty, whether the land be assessed or unassessed, a sum not
exceeding ten times the amount of assessment payable for one
year under sub-section (2).

Provided that no penalty shall ordinarily be imposed in respect of

the unauthorised occupation of such land for any period not
exceeding one year.

(5) The amount of assessment, rent, fee and penalty imposed

under this section on any person unauthorisedly occupying any land
shall be deemed to be the land revenue and may be recovered
from him as arrears of land revenue.

(6) Before initiating any proceedings under sub-sections (1) to (4),

the Mandal Revenue Officer shall cause to be served in such
mariner as may be prescribed, on the person in, or reputed to be in
unauthorised occupation of such land, a notice setting forth the
particulars of such land and calling upon him to show cause, within
the period specified therein, as to why action should not be taken
against him under the said sub-sections and in addition thereto, in
an appropriate case, may cause a similar notice affixed or displayed
on the encroached land and if, in response to such notice such
person shows cause within the period specified therein, the Mandal
Revenue Officer shall consider such cause, give him an opportunity
of being heard and pass on appropriate order thereon.

(7) Where a question arises as to whether such land is the property

of the Government, it shall be presumed to be so until the contrary
is proved.

(8) Where the order passed under sub-section (1) directs removal
of any building or other construction or deposit of any other thing
from such land within the period specified therein and such person
does not remove the same within such period, the Mandal Revenue
Officer may order forfeiture of the same.

(9) The Mandal Revenue Officer shall, by a notice served on him, in

such manner as may be prescribed, require such person to vacate
the land, surrender the forefeited crop or other produce, if any, and
pay or deposit the amount in accordance with the order passed
under sub-sections (1) to (4) and, if any building or other
construction or other deposit thereon is forfeited under sub-section
(8), to surrender the same within such period as may be specified
therein and, if such person commits default therein, he may cause
such person to be removed from such land, if necessary, with the
assistance of Police and other departments of the Government and
Public Sector Undertakings, and possession thereof to be taken
together with the property so forfeited and may recover the said
amount and, in case the forfeited property is unauthorisedly
removed by such person, the value thereof as an arrear of land
revenue.

(10) The Mandal Revenue Officer may dispose of the forfeited

property, if any, in such manner as may tee prescribed.

(11) Where any person other than the person against whom an
order is passed under sub-section (1) obstructs the taking of
possession, the Mandal Revenue Officer shall consider the grounds
of obstruction and pass necessary orders, before executing the
orders passed under sub-section (1).

(12) Whoever disobeys an order passed by the Mandal Revenue

Officer under sub-section (1) or obstructs the execution of such
order even after an order for removal of such obstruction is passed
under sub-section (11), shall also be punishable with imprisonment
for a term which shall not be less than six months but which may
extend to five years and with fine which may extend to five
thousand rupees.

62. Encroachment by group of persons on Government

lands :-

(1) Where the Sub-Collector knows or has reason to believe that a

group or groups of persons without any entitlement and with the
common object of occupying any land, which is the property of the
Government, are occupying or have occupied any such land, he
shall demand them to vacate such land and, in default thereof,
notwithstanding anything to the contrary in this part, shall order,
without any notice, their immediate vacation therefrom and taking
possession of the said land, on which any officer authorized by the
Sub-Collector shall evict the encroaches from the said land by force,
if necessary with the assistance of the police, other departments of
the Government and Public Sector undertakings and take
possession of such land and recover damages, if any, sustained by
the Government.

(2) Where, in a proceedings under this section or in consequence of

anything done thereunder, a question arises as to whether any land
is the property of the Government, such land shell be presumed to
be the property of the Government, until the contrary is proved.

63. Saving of other laws :-

Nothing in this part shall be construed as exempting any person in

unauthorised occupation of any land, which is the property of the
Government, from being proceeded against under any other law for
the time being in force.
64. Bar of jurisdiction of civil courts :-

The order of the Mandal Revenue Officer or the Sub-Collector and,

in the event of an appeal, the appellate order as the case may be,
under this part shall be final and, unless it decides the title of any
person to the land, such order or any action or proceedings taken in
pursuance thereof shall not be called in question before a civil court
in any suit.
PART 7 PROHIBITION OF LAND GRABBING
C H A P T E R 19 PROHIBITION OF LANDGRABBING AND
DETERMINATION OF CIVIL AND CRIMINAL LIABILITY
65. Applicability :-

This part applies to all land situated within the limits of an urban
agglomeration as defined in clause (n) of Section 2 of the Urban
Land (Ceiling and Regulation) Act, 1976 (Central Act 33 of 1976) to
the lands situated within the limits of all Municipal Corporations,
municipalities and to any other lands situated in such areas as the
Government may, by notification, specify having due regard to;
(a) the urbanisable nature of the land; or

(b) the usefulness or potential usefulness of such land for

commercial, industrial, pisciculture or prawn culture purposes.

66. Land grabbing to be unlawful and punishable :-

(1) Land grabbing in any form is hereby declared unlawful.

(2) Any activity connected with or arising out of land grabbing shall
be an offence punishable under this part.

67. Prohibition of land grabbing :-

(1) No person shall commit or cause to be committed land

grabbing.

(2) Any person who, occupies, otherwise than as a lawful tenant, a

grabbed land belonging to the Government, local authority,
religious or charitable institution or endowment including a wakf, or
any body or authority as may be notified by the Government, or a
private person commits an offence under this part.

(3) Whoever contravenes the provisions of sub-section (1) or

commits an offence under sub-section (2) shall, on conviction, be
punished with imprisonment of either description for a term which
shall not be less than six months but which may extend to five
years, and with fine which may extend to five thousand rupees.

68. Penalty for other offences in connection with land

grabbing :-

Whoever, with a view to grabbing land or in connection with land

grabbing,--
(a) sells or allots, or offers, or advertises for sale or allotment, or
has in his possession for the purpose of sale or allotment any
grabbed land; or

(b) instigates or incites any person to commit land grabbing; or

(c) uses, or causes or permits knowingly to be used, any scabbed

land for purposes connected with sale or allotment; or

(d) causes or procures or attempts to procure any person to do any

of the above mentioned acts, Shall on conviction, be punished with
imprisonment, of either description, for a term which skill not be
less than six months but which may extend to five years and with
fine which may extend to five thousand rupees.

69. Offences by companies :-

(1) Where the person committing an offence under this part is a
company, the company as well as every person in charge of, and
responsible to the company for the conduct of its business at the
time of commission of the offence shall be guilty of the offence and
shall be liable to be punished therefor.

Provided that nothing in this sub-section shall render any such

person liable for any punishment if he proves that the offence was
committed without his knowledge or that he exercised due
diligence to prevent its commission.

(2) Notwithstanding anything in sub-section (1), where any offence

under this part is committed by a company with the consent or
connivance of or the commission of the offence is due to the
neglect on the part of any director, manager, secretary, or other
officer of the company, such director, manager, secretary or other
officer shall also be guilty of such offence and shall be liable to be
punished therefor.

Explanation For the purpose of this section,--

(a) "company" means any body corporate and includes a firm or

other association of individuals; and

(b) "director" in relation to a firm means a partner in the firm.

70. Constitution of a Special Court :-

(1) The Government may, for the purpose of providing speedy

enquiry into any alleged act of land grabbing, or attempt of land
grabbing and trial of cases in respect of the ownership and title to,
or lawful possession of, the land grabbed or attempted to be
grabbed, by notification, constitute a Special Court.

(2) The Special Court shall consist of a Chairman and four other
members to be appointed by the Government.
(3) The Chairman shall be a person who is or has been a Judge of a
High Court and of the other four members, two shall be persons
who are or have been District Judges, hereinafter referred to as
Judicial members and the other two shall be persons who hold or
have held a post not below the rank of a Collector, hereinafter
referred to as Revenue members:

Provided that the appointment of a person who has been a Judge

of a High Court as the Chairman of the Special Court shall be made
after consultation with the Chief Justice of the concerned high
court;

Provided further that where a sitting Judge of a High Court is to be

appointed as such Chairman, such appointment shall be made after
nomination by the Chief Justice of the concerned High Court, with
the concurrence of the Chief Justice of India.

(4) The Government may, from time to time, likewise reconstitute

the Special Court or may, at any time, abolish such Special Court.

(5) Subject to the other provisions of this part,

(i) The Chairman shall hold office as such for a term of three years
from the date on which he enters upon his office, or until the
Special Court is reconstituted or abolished under sub-section (4),
whichever is earlier; and

(ii) the other members shall hold office as such for a term of three
years from the date on which they enter upon such office, or until
the Special Court is reconstituted or abolished under sub-section
(4), whichever is earlier.

(6) (a) Subject to the other provisions of this part the jurisdiction,
powers and authority of the Special Court may be exercise by the
benches thereof, one comprising the Chairman, a Judicial member
and a Revenue members and the other comprising a Judicial
member and a Revenue member.

(b) Where the bench comprises the Chairman, he shall be the

presiding Officer of such a Bench and where the bench comprises a
judicial members and a Revenue member, the Judicial member
shall be the presiding officer of such bench.

(c) The Chairman may, in the interests of justice withdraw any case
pending before the bench comprising of two members and dispose
of the same, or transfer any case from Bench to another Bench.

(d) Where the trial of civil liability of a person accused of an offence

under this part is likely to take considerable time, the Chairman
may, in the interest of speedy disposal of the case, entrust the trial
of the criminal liability of such person to another bench.

(e) Where a case under this part is heard by a bench comprising

two members, who are divided in opinion, the case with their
opinions shall be laid before the chairman or another Judicial
member and the Chairman or such other Judicial member, as the
case may be, shall after such hearing as he thinks fit, deliver his
opinion and the decision of the bench shall follow such opinion.

(7) The quorum to constitute any bench of the Special Court shall
be two, namely Chairman and a Revenue member or a Judicial
members and a Revenue member.

(8) The Special Court may, by notification, make regulations not

inconsistent with the provisions of this part or the rules made
thereunder relating to the procedure to be followed for the conduct
of the cases and for regulating the manner of taking decisions.

(9) The Special Court may cause a public notice of the substance of
such regulations to be given for the information of the general
public.
(10) Every regulation made under sub-section (8) shall,
immediately after it is made, be laid before the Legislative
Assembly of the State if it is in session, and if it is not in session in
the session immediately following for a total period of fourteen days
which may be comprised in one session or in two successive
sessions and if before the expiration of the session in which it is so
laid or the session immediately following the Legislative Assembly
agrees in making any modifications in the regulation or in the
annulment of the regulation, the regulation shall from the date on
which the modification or annulment is notified, have effect only in
such modified form or shall stand annulled, as the case may be, so
however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that
regulation.

(11) (i) Notwithstanding anything in the Code of Civil Procedure,

1908 (Central Act V of 1908) but subject to the other provisions of
this part and any rules made thereunder, the Special Court may,
while deciding the civil liability, follow tits own procedure which
shall not be inconsistent with the principles of natural Justice and
fair play.

(ii) Notwithstanding anything contained in Section 260 or Section

262 of the Code of Criminal Procedure, 1973 (Central Act 2 of
1974). Every offence punishable under this part shall be tried in a
summary way and the provisions of Sections 263 to 265 (both
inclusive) of the said code shall, as far as may be, apply to such
trial.

(iii) When a persons convicted of a an offence of land grabbing

attended by criminal force or show of force or by criminal
intimidation and it appears to Special Court that, by such force or
show of force or intimidation the land of any person has been
grabbed, the Special Court may, if it thinks fit, order that
possession of the same be restored to that person after evicting, if
necessary by force, any other person who may be in possession of
the property.
(12) No act or proceedings of the Special Court shall be deemed to
be invalid by reason only of the existence of any vacancy among
the members or any defect in the constitution or reconstitution
thereof.

71. Special Tribunals and their powers :-

(1) Every Special Tribunal may, either suo motu or on application

made by any person, officer or authority take cognizance of and try
every case relating to any alleged act or attempt of land grabbing,
or with respect to the ownership and title to, or lawful possession of
the land grabbed or attempted to be grabbed within the limits of
its territorial Jurisdiction and not exceeding rupees twenty lakhs in
value and pass such orders thereon, including orders by way of
interim directions as it deems fit:

Provided that if in the opinion of the Special Tribunal any case

brought before it is prime facie frivolous or vexatious it shall reject
the same without any further enquiry;

Provided further that if, in the opinion of the Special Tribunal any
case brought before it is a fit case for trial by the Special Court, it
may, for reasons to be recorded by it, move the Special Court for
its withdrawal.

(2) Save as otherwise provided by this part, a special tribunal shall,

in the trial of cases before it, follow the procedure prescribed in the
Code of Civil Procedure, 1908 (Central Act V of 1908).

(3) Subject to the provisions of this Code relating to appeals every

finding of the Special Tribunal with regard to any alleged act or
attempt of land grabbing shall be conclusive proof of the fact of
land grabbing or attempt to grab land and of the persons who
committed such land grabbing or attempt of land grabbing and
every judgment of the special tribunal with regard to the
determination of title and ownership to, or lawful possession of any
land grabbed or attempted to be grabbed shall be binding on all
persons having interest in such land:

Provided that the special tribunal shall by notification, specify fact

of taking cognizance of a case under this part and shall notify that
any objection which may be received by it from any person
including the custodian of the evacuee property within the period
specified therein shall be considered by it:

Provided further that where the custodian of the evacuee property

objects to the special tribunal taking cognizance of the case, the
special tribunal shall not proceed further with the case in regard to
such property;

Provided also that the Special tribunal shall, after a summary

enquiry about the persons likely to be interested in the land, cause
a notice of taking cognizance of the case under this part served on
such persons.

(4) The special tribunal may, in any case decided by it, pass an
order awarding compensation in terms of money for wrongful
possession, With shall not be less than an amount equivalent to the
market value of the grabbed land as on the date of the order and
profits accrued from the land, payable by the land grabber to the
owner of the grabbed land, and may direct the redelivery of the
grabbed land to its rightful owner:

Provided that where such land grabber is a purchaser from the

original land grabber the Special Tribunal may, in its discretion,
award compensation at the market value as on the date of his
purchase.

Provided further that the special tribunal shall, before passing an

order under this sub-section give to the land grabber an
opportunity of making his representation or of adducing evidence, if
any, in this regard and consider every such representation and
evidence.
(5) The amount of compensation and profit awarded under sub-
section (4) and cost of redelivery, if any, shall be recovered if the
Government is the owner of the land grabbed, as an arrear of land
revenue, or else as a decree of a civil court.

(6) Every case brought before the special tribunal shall be disposed
of finally by it, as far as possible within a period of one year from
the date when it is brought before it.

(7) The Special tribunal shall have all the powers of a civil court for
the purpose of review.

72. Procedure and powers of the Special Court :-

(1) The Special Court may, either suo motu or on application made
by any person, officer or authority take cognizance of and try every
case arising out of any alleged act or attempt of land grabbing or
with respect to the ownership and title to, or lawful possession of
the land grabbed or attempted to be grabbed, provided the value
of such land exceeds twenty lakh rupees, and pass such orders
thereon, including orders by way of interim directions, as it deems
fit:

Provided that the Special Court shall not take cognizance of any
case, on application, without hearing the petitioner.

Provided further that where the land belongs to a private person

the Special Court shall, before taking cognizance of the case,
consider as to whether the evil involved is of substantial nature so
as to require, in the interests of justice, its intervention.

(2) Notwithstanding anything in the Code of Civil Procedure 1908,

the Code of Criminal Procedure, 1973 or in the Andhra Pradesh Civil
courts Act, 1972, any case in respect of an alleged act or attempt
of land grabbing or the determination of questions of the title and
ownership to, or lawful possession of any land grabbed or
attempted to be grabbed, within the meaning of this part, shall be
triable only under the provisions of this part.

(3) Where in the opinion of the Special Court, any application filed
before it is prima facie frivolous or vexatious, it shall reject the
same without any further enquiry.

(4) Where on an application from an interested person to withdraw

and try a case pending before any special tribunal, the Special
Court is of the opinion that it is a fit case to be withdrawn and tried
by it, it may for reasons to be recorded in writing, withdraw such
ease from such special tribunal and shall deal within it as if the case
was originally instituted before the Special Court.

(5) Notwithstanding anything in the Code of Criminal Procedure,

1973 (Central Act 2 of 1974), the Special Court may try all offences
punishable under this part.

(6) The Special Court shall determine the order in which the civil
and criminal liability against a land grabber be initiated and may, in
its discretion, decide whether or not to deliver its decision or order
until both civil and criminal proceedings are completed.

(7) The Special Court any, while trying the civil liability, make use
the evidence admitted during the criminal proceedings, but shall
not, while determining the criminal liability, consider the evidence,
if any adduced in the civil proceedings.

(8) Any person accused of land grabbing or the abatement thereof

before the Special Court shall be a competent witness for the
defence and may give evidence on oath to disprove of the charge
made against him or any person charge together with him in the
criminal proceeding:

Provided that such person shall not be called as a witness except on

his own request in writing or his failure to give evidence shall not
be made the subject of any comment by any of the parties or the
Special Court or give rise or any presumption against such person
or any person charged together with him at the same proceeding.

(9) Every case under sub-section (1) shall be disposed of finally by

the Special Court, as far as possible, within a period of one year
from the date of institution of the case before it.

(10) Every finding of the Special Court with regard to any alleged
act or attempt of land grabbing shall be conclusive proof of the fact
of land grabbing or attempt of land grabbing and of the persons
who committed such land grabbing or attempt of land grabbing and
every Judgment of the Special Court with regard to the
determination of title and ownership to, or lawful possession of, any
land grabbed attempted to be grabbed shall be binding on all
persons having interest in such land:

Provided that the Special Court shall, by notification, specify the

fact of taking cognizance of the case under this part and shall
notify that any objection received by it from any person including
the custodian or evacuee property within the period specified
therein shall be considered by it:

Provided further where the custodian of evacuee property object to

the Special Court taking cognizance of the case, it shall not proceed
further with the case in regard to such property.

Provided also that the Special Court shall, after a summary enquiry
about the persons likely to be interested in the land, cause a notice
of taking cognizance of the case served on them.

(11) The Special Court may, to advance the cause of Justice, pass
such order as it deems fit and may award compensation in terms of
money for wrongful possession of the grabbed land which shall not
be less than an amount equivalent to the market value of the
grabbed land as on the date of the order and profits accrued
therefrom payable by the land grabber to the owner of the grabbed
land and may direct, the redelivery of the grabbed land to its
rightful owner. The amount of compensation and profits, so
awarded and the costs of redelivery, if any, shall be recovered as
arrears of land revenue in case the Government is the owner, or as
a decree of a civil court, in any other case to be executed by the
Special Court.

Provided that where such land grabber is a purchaser from the

original land grabber the Special Court may, in its discretion, award
compensation at the market value as on the date of his purchase.

Providing further that the Special Court shall, before passing an

order under this sub-section, give to the land grabber an
opportunity of making his representation or of adducing evidence, if
any, in this regard and shall consider such representation and
evidence.

73. Special Court to have the powers of the civil Court and
the Court of Session :-

Save as expressly provided in this part, the provisions of the Code

of Civil Procedure. 1908, the Andhra Pradesh Civil Court Act, 1972
and the Code of Criminal Procedure, 1973, in so far as they are not
inconsistent with the provisions of this part, shall apply to the
proceedings before the Special Court and for the purposes of the
provisions of the said enactments, Special Court shall be deemed to
be a civil court, or as the case may be a court of session and shall
have all the powers of a civil court and a court of session and the
person conducting a prosecution before the Special Court shall be
deemed to be a Public Prosecutor (Central Act V of 1908. Act 19 of
1972, Central Act 2 of 1974).
74. Burden of proof :-

Where in any proceedings under Burden of this part, a land is

alleged to have been grabbed or attempted to be grabbed and such
land is prima facie proved, to be the land owned by the
Government or by a private person, the Special Court or, as the
case may be, the special tribunal shall presume that the person
who is alleged to have grabbed the land is a land grabber and the
burden of proving that the land has not been grabbed by him shall
be on such person.
75. Trial of offences by a Magistrate with previous sanction
:-

Notwithstanding anything in the Code of Criminal Procedure, 1973,

every offence punishable under this part shall, with the pervious
sanction of the special tribunal accorded having regard to the
circumstances of each case, be triable by a Magistrate of the first
class specially empowered by the Government in this behalf.
(Central Act, 2 of 1974).
76. Prohibition of alienation of grabbed land :-

Any transaction relating to an of alienation of grabbed land or any

p art thereof by way of sale, lease, gift, exchange, settlement,
surrender, usufructurary mortagage or otherwise, or any partition
effected or a trust created in respect of such land shall except to
the extent ordered by the Special Court or special tribunal be null
and void.
77. Review :-

The Special Court may in order to prevent the miscarriage of justice

review its Judgment or order passed under Section 72 but no such
review shall be entertained except on the ground that it was
passed under a mistake of fact, ignorance of any material fact or an
error apparent on the face of the record:
Provided that it shall be lawful for the Special Court to admit or
reject a review petition in circulation without hearing the petitioner:
Provided further that the Special Court shall not allow any review
petition and set aside its previous order or Judgment without
hearing the parties affected.

78. Staff of the Special Court :-

(1) The Chairman of the Special Court may appoint officers and
other employees required to assist the Special Court in the
discharge of its functions under this part.
(2) The categories of officers and employees who may be appointed
under sub-section (1), their salaries, allowances and other
conditions of service and the administrative powers of the Chairman
of the Special Court shall be such as may be prescribed after
consultation with the Chairman.

79. Power to punish for contempt :-

The Special Court shall have and power to exercise, the same
Jurisdiction, powers and authority in respect of contempt of itself as
a High Court has and may exercise and for this purpose, the
provisions of the Contempt of Courts Act, 1971 (Central Act 70 of
1971) shall have effect subject to the modification that--
(a) the references therein to a High Court shall be construed as a
reference to the Special Court;

(b) the references to the Advocate General in Section 15 of the said

Act shall be construed as a reference to the Advocate General of
the State of Andhra Pradesh.

PART 8 ASSIGNMENT LEASE ANDALIENATION OF GOVERNMENT

LANDS
CHAPTER 20 LANDS WHICH MAY OR MAY NOT BE ASSIGNED
80. Lands of which assignment is prohibited :-

(1) Subject to the provisions of sub-section (2), the assignment,

alienation or lease of the following classes of Government lands is
prohibited:

(a) porambokes, tank beds, foreshore of tank beds, cattle stands;

grazing lands and reserved lands (reserved for depressed class
members or for any public purposes such as schools, play grounds,
hospitals, maternity center, reading rooms, extension of house
sites, or panchayat purposes), town sites and lands in the proximity
of town and village sites and lands in the proximity thereof;
(b) land which has been unoccupied for eighteen months and
adjoins a reserved forest or an unreserved block of a square mile or
more until the Collector has consulted the District Forest Officer and
considered any objections which he may have to its assignment;

(c) lands containing topes or valuable trees;

(d) lands within cantonment limits;

(e) lands reserved under Section 26 of the Andhra Pradesh Forest

Act, 1967 (Act 1 of 1967).

(f) lands within port limits;

(g) lands near the seacoast, within 500 meters of high water mark
of the sea; etc;

(h) watercourse porambokes; namely, margins of canals, channels,

streams etc;

(i) lands in the vicinity of aerodromes or landing grounds, i.e.,

within a belt of 500 metres;

(j) lands containing minerals, quarries etc.;

(k) padugais, i.e., the land within the flood banks of rivers, lanka
lands not held on ryotwari tenure, river accretions and reformed
lands for which the former owners have ceased to pay assessment;

(l) lands where pati matti is available;

(m) lands with grooves of trees where people are in the habit of
assembling periodically for purposes of fairs, jatras or worship; and
(n) any other land which is required or is likely to be required for
any special purposes necessary for the provision of amenities to the
community or connected with the development of the village.

(2) Every Mandal Revenue Officer shall send to the Sub-Collector of

his Revenue division a village wise list of all the lands in his Mandal
the assignment, alienation or lease of which is prohibited under
sub-section (1) and the Sub-Collector shall, after such inquiry as he
deems fit, approve such list with or without any modification, as
the case may be, and cause the particulars of such lands to be
entered in a book to be called Prohibitory Order Book and the lands
so entered in the said book shall not be assignable, alienable or be
leased except under the orders of the Government.

(3) The Government lands other than the lands specified in sub-
section (1) may be alienated by assignment or on lease in such
manner may be prescribed.

CHAPTER 21 ASSIGNMENT OF LANDS FOR CULTIVATION

81. Assignment of Government lands :-

(1) Subject to the other provisions of this part, the Mandal

Revenue Officer may, on application or on his own, or where the
Government has constituted a committee in that behalf, in
consultation with such committee, assign a Government land to a
land less poor person, for cultivation free of cost, or on such
payment, if any, in such form and in such manner as may be
prescribed.

(2) Where a small piece of wet land not exceeding twenty five
cents or dry land not exceeding fifty cents adjoins any private land
and is necessary to the owner of such private land for convenient
enjoyment thereof, the Mandal Revenue Officer may assign or sell
such piece of wet or dry land to the owner of such private land.
(3) Subject to the other provisions of this part the Mandal Revenue
Officer may, on application, or on his own, or where the
Government has constituted a committee in that behalf, in
consultation with such committee, assign a Government land falling
within the ayacut of an irrigation project, which has been
completed, or is under completion, or has been sanctioned, to a
land less person for cultivation on payment of the market value
thereof, in such installments, in such manner and along with such
betterment contribution, if any, as may be Prescribed:

Provided that preference shall be given, for such assignment, to

those persons who become land less due to acquisition of their
lands for such project over other land less persons;

Provided further that, such land shall be resemble if required for

project work, so however, that on such resumption the market
value collected from the assignee shall be refunded to him.

(4) Before deciding an application under sub-section (1) or sub-

section (3) the Mandal Revenue Officer shall give an opportunity of
hearing to the applicant and other persons, if any, likely to be
affected by the decision.

(5) Subject to the first proviso to sub-section (3), where two or

more land less poor persons apply for the same land, preference
shall be given to the resident of the village, where the land is
situate, over a non-resident, to the person who does not own any
land over the person who owns some land, to a member of
Scheduled caste or Scheduled tribe over a member of Backward
class and to a member of Backward Class over others.

82. Landless poor person :-

(1) A person is land less poor, if he does not own any land at all, or
if the land which he owns is less than 21/2 acres of wet land or 5
acres of dry land, or if he owns both wet and dry lands, at the rate
of one acre of wet land equal to two acres of dry land, his holding is
below the said limit and is also poor.

Explanation Where such person is a member of Hindu joint family,

his share in the joint family property, if any, shall be taken into
account in determining his holding.

(2) The Mandal Revenue Officer shall on the basis of material

placed before him, determine as to whether a person is a land less
poor or not, for the purpose of assignment of land.

83. The extent of land which may be assigned :-

The maximum extent of land which may be assigned to a land less

poor person for cultivation shall be so much of wet or dry land
which together with the land, if any, owned by him does not
exceed 21/2 acres of wet land or 5 acres of dry land.

Explanation Where a person owns both wet and dry lands or the
lands to be assigned to him are partly wet and partly dry, his
holding and the extent of land which may be assigned to him shall
be determined by converting both the categories of lands into one
category of the rate of one acre wet land equal to two acres of dry
land.

84. Conditions governing assignment :-

Subject to such other conditions as may be prescribed, the

assignment of a land shall be on the following conditions, namely,
(a) the assigned land shall be heritable but shall not be alienable;

(b) unless already under cultivation, the assigned land shall be

brought under cultivation within a period of three years-, except
where such land is within the ayacut of an irrigation project which
is not yet completed, in which case it shall be brought under
cultivation not later than in the agricultural year next after the
agricultural year in which water is supplied to it from such project;
(c) the assigned land shall be cultivated by the assignee, or
members of his family, by his or their personal labour, or by hired
labour under the personal supervision of the assignee or the
members of his family:

Explanation The expression alienation shall not include mortgage of

the land with the Government or a nationalized or scheduled bank
or a local authority or a cooperative society including a land
development bank for obtaining any loan for any purpose
associated with the assigned land.

CHAPTER 22 ASSIGNMENT OF HOUSE SITE

85. Assignment of a house site :-

The Mandal Revenue Officer may assign to a land less poor person,
who does not own any house free of cost, so much area of
Government land, as a house site in such form and in such manner
as may be prescribed.
86. Conditions governing assignments :-

Subject to such other conditions as may be prescribed, the

assignment of lands for house sites shall be on the following
conditions, namely:
(a) the assigned land shall be heritable but shall not be alienable;

(b) a dwelling house shall be constructed thereon within three

years of assignment.

CHAPTER 23 PROHIBITION OF TRANSFER OF ASSIGNED LANDS

87. Prohibition of transfer of assigned lands :-

(1) Notwithstanding anything to the contrary in any other law for

the time being in force or in any deed of transfer, or other
document, a Government land assigned to a land less poor person
for the purpose of cultivation or as a house site shall not be
transferred and shall be deemed never to have been transferred
and no right or title in such land shall be deemed ever to have
passed to or vested in any person on the basis of such transfer.

(2) No land less poor person shall transfer any assigned land and
no person shall acquire any assigned land either by purchase, gift,
lease, mortgage or exchange or otherwise.

(3) Any transfer or acquisition made in contravention of the

provision of sub-section (1) or sub-section (2) shall be deemed to
be null and void.

(4) The provisions of this section shall apply to any transaction of

the nature referred to in sub-section (2) in execution of a decree of
order of a civil court or of any award or order of any other
authority.

88. The consequences of breach of conditions of assignment

:-

(1) Where the Mandal Revenue Officer within whose jurisdiction the
assigned land is situate is satisfied that the provisions of Section 87
have been contravened in respect of such assigned land, he may,
by order--

take possession of the assigned land, after evicting the person in

possession in such manner as may be prescribed and resume the
land to the Government, without paying any compensation to such
assignee.

(2) Any order passed under sub-section (1) shall be final and shall
not be questioned in any court of law.

(3) For the purpose of this section, where any assigned land is in
possession of a person, other than the original assignee or his legal
heir, it shall be presumed, until the contrary is proved that there is
a contravention of the provisions of sub-section (1) of Section 87.

(4) Where the assignee or his legal heir contravenes the conditions
of assignment, the Mandal Revenue Officer may resume the land
but in case it was assigned on payment of market value on refund
of such market value thereof or so much of it as was paid in
installments, by the assignee or his legal heir.

CHAPTER 24 ALIENATION OF GOVERNMENT LAND

89. Alienation of Government land :-

(1) The Government may alienate any Government land, unless it

is reserved for any specific purpose, or is otherwise un-assignable
or un-alienable, to a local authority, or institution or any other
person for any public purpose on payment of full market value or if
such public purpose is unremunerative, on payment of such portion
thereof or free of cost as it may deem fit.

(2) The Collector may alienate any Government land, the market
value of which does not exceed the prescribed limit, unless it is
reserved for any specific purpose, or is otherwise unassignable or
unalienable, to a local authority or institution or any other person
for any public purpose such extent and on payment of such market
value and in such manner as may be prescribed:

Provided that where the extent and the market value of such land
exceeds the limit prescribed under sub-section (2), the Collector
shall obtain prior sanction of the Chief Commissioner of Land
Administration, where the market value of such land does not
exceed the limit prescribed for him, or, if it exceeds that limit also,
that of the Government, therefor.

Provided further that where the public purpose for which the land is
required is unremunerative, the Collector may, assign such land
free of cost, or on payment of such portion of the market value as
he deems fit, but where the extent and the market value of such
land exceeds such limit, with the prior permission of the Chief
Commissioner of Land Administration, or the Government, as the
case may be, who have accorded the sanction for alienation under
the first proviso,

Provided also that if within two years of such alienation, such land
is not used for the public purpose for which it was obtained or is
used for a different public purpose at any time without the prior
permission of the Collector therefor, or is otherwise misused or such
local authority, or institution or other person voluntarily relinquishes
such land, the Collector may resume it on refund of the market
value or paid portion thereof, if any, but without any compensation
for any improvements or works made on it.

(3) Before permitting the local authority, or institution or other

person to use it for a different public purpose the Collector shall,
where the market value of such land exceeds such limit, obtain
prior approval of the Chief Commissioner of Land Administration or
the Government, as the case may be, who have accorded the
sanction for alienation under the first proviso.

(4) Nothing in this section shall be construed to prohibit the

transfer of Government land from one department to another
department in public interest

Explanation For the purpose of this section "public purpose" shall,

among others, include a charitable, educational or religious purpose
also.

90. Auction of Government land :-

(1) The Collector may sell by public auction, any Government land,
unless it is reserved for any specific purpose or is otherwise
unalienable, with the prior permission of the Government, if it is
situated within the limits of any Municipal Corporation, or
Municipality, or any other area notified by the Government in that
behalf, and with the prior permission of the Chief Commissioner of
Land Administration, if it is situated in other parts of the State.
(2) The sale by public auction shall be made in accordance with
such procedure, on such terms and conditions and in such manner
as may be prescribed.

PART 9 RECORD OP RIGHTS INLANDS, PATTADAR PASS BOOKS

AND OTHER RECORDS
CHAPTER 25 RECORDS OF RIGHTS IN LANDS
91. Preparation, maintenance and updating of record of
rights :-

(1) The Mandal Revenue Officer shall prepare and maintain a

Record of Rights in all lands in every village in and updating his
Mandal, in such form and in such manner as may be prescribed,
and shall thereafter bring it up-to-date from time to time.

(2) The Record of Rights shall contain the following particulars,

namely--

(a) the names of all persons who are owners, pattadars, occupants,
mortgagees or tenants of lands;

(b) the nature and extent of respective rights or interests of such

persons and the conditions or liabilities, if any attaching thereto;

(c) the rent, Revenue or other amount if any, payable by or to any

of such persons;

(d) such other particulars as may be prescribed.

(3) The Record of Rights prepared and maintained under the

provisions of the Andhra Pradesh Record of Rights in Land and
Pattadar Pass Books Act, 1971 (Act 26 of 1971), shall be deemed
to have been prepared and maintained under sub-sections (1) and
(2).

Explanation Nothing in this part shall apply to lands belonging to

the State Government or the Central Government.

92. Occupants of lands to be the owners thereof :-

The persons who were registered as occupants of Inam lands under

the provisions of the Andhra Pradesh (Telangana Area) Abolition of
I nams Act, 1955 (Act VIII of 1955) shall be the owners of such
lands and shall be recorded as the owners thereof in the Record of
Rights and other records.
93. Intimation of acquisition of rights :-

(1) Every person acquiring any right in any land as owner,

pattadar, occupant, mortgagee or tenant by testate or intestate
succession, survivorship inheritance partition, purchase, mortgage,
gift, lease or otherwise by or under a registered document, patta,
decree of a court or otherwise shall intimate in writing his
acquisition, of such right, to the Mandal Revenue Officer within
ninety days from the date of such acquisition and the Mandal
Revenue Officer shall give or send to such person an
acknowledgment of the receipt of such intimation:

Provided that where the person acquiring the right is a minor or is

otherwise disqualified, his guardian or other person having charge
of his property shall intimate the acquisition to the Mandal Revenue
Officer.

(2) Notwithstanding anything contained in the Registration Act,

1908, every registering officer registering a document relating to a
transaction in land, shall intimate to the Mandal Revenue Officer of
the Mandal in which such land is situate, the factum of such
transaction.

Explanation I The right mentioned above shall include a mortgage

without possession and a right determined by a civil court.
Explanation II A person in whose favour a mortgage is discharged
or extinguished or a lease is determined acquires a right within the
meaning of this section.

94. Amendment and updating Record of Rights :-

(1) On receipt of intimation, under Section 93, of acquisition of any

right, the Mandal Revenue Officer may amend and update the
Record of Rights in accordance therewith or may, for reasons to be
recorded in writing, refuse to do so:

Provided that he shall not pass an order refusing to amend and

update the Record of Rights in accordance with the intimation
without giving an opportunity of being heard to the person giving
the intimation.

(2) Where the Mandal Revenue Officer has reason to believe that
any person has acquired a right under sub-section (1) of Section
93, in any land in his Mandal, but has not given intimation of the
same, he may amend and update the Record of Rights in respect of
such land.

(3) Before carrying out any amendment in the Record of Rights, in

respect of any land, under sub-section (1) or sub-section (2), the
Mandal Revenue Officer shall issue a notice in writing to all persons,
whose names are recorded against such land, who are interested in
the land or are affected by the amendment and whom he has
reason to believe to be interested in such land or likely to be
affected by such amendment to show cause, within the period
specified therein as to why the amendment should not be carried
out, shall consider the objections, if any, received from them and,
after making such further enquiry as may be prescribed and giving
an opportunity of being heard pass such order in relation thereto as
he deems fit.

(4) Every order passed under this section shall be served on the
persons to whom notices were issued under sub-section (3).

(5) A copy of notice issued under sub-section (3) and amendment

made in respect of any land shall also be published in such manner
as may be prescribed.

95. Presumption of correctioness of entries in Record of

Rights :-

Every entry in Record of Rights shall be presumed to be true until

t h e contrary is proved or until it is otherwise amended in
accordance with the provisions of this part.
96. Inspection and copies of record of rights :-

T h e Mandal Revenue Officer shall, on application, permit any

person, who has or seeks to acquire any interest in any land in his
Mandal, or any credit agency which is approached to advance any
loan, to such person to inspect the Record of Rights in respect of
such land and shall, on application and payment of prescribed fees,
furnish a certified copy thereof or certified extract therefrom.
97. Bar of suit :-

No suit shall lie against the Bar of suit Government or any officer of
the Government to have an entry, in respect of any land, made in
or amended or omitted from the Record of Rights.
Provided that any person who disputes the correctness of any
entry, in respect of any land, in the Record of Rights may, subject
to the provisions of the Limitation Act, 1963, initiate a suit for such
reliefs, as are called for, against the person whose name is recorded
in respect thereof and such other persons if any, who are necessary
parties to such suit and the Mandal Revenue Officer shall amend
the entry in the Record of Rights in accordance with the decree, if
any passed therein.
CHAPTER 26 ISSUE AND MAINTENANCE OF PASS BOOKS
98. Issue of pass books :-

(1) The Mandal Revenue Officer shall, suo motu, or on an

application, and on payment of such fees and after such enquiry as
may be prescribed, issue a pass book to every owner, pattadar,
occupant, mortgagee or tenant or land in his Mandal in accordance
with the Record of Rights, with such particulars, in such form and in
such manner as may be prescribed.

(2) Where the Mandal Revenue Officer amends and updates the
Record of Rights in respect of any land under Section 94 he shall
carry out corresponding amendments in the pass books of the
affected persons. The amendments as so made shall be presumed
to be true, until the contrary is proved.

99. Entries in the pass books by registering authority :-

(1) The parties to a document of sale, gift, mortgage lease or

exchange, proposed to be registered, shall produce before the
registering authority their respective pass books and the registering
authority shall make entries of the said transaction in the pass
books of both the parties thereto at the appropriate place or places
under his signature and seal of his office.

(2) Notwithstanding anything contained in the Registration Act,

1908, the registering authority shall not register any document of
the nature described in sub-section (1) without the production of
pass books by both the parties thereto Central Act, 16 of 1908.

Provided that where a landless person becomes an owner,

mortgagee or tenant of any land, for the first time under such
registered document, the registering authority shall obtain such a
declaration from him, in the prescribed form, and send the same to
the Mandal Revenue Officer to enable him to issue a pass book to
such person in the prescribed manner.

100. Entries of grant of loans and encumbrances in the pass

book :-

(1) No credit agency shall grant any loan to any person on the
security of his land or crop unless he produces his pass book before
such credit agency.

(2) The credit agency shall record in the pass book of a person
every loan granted to him on the security of his land or crop and
every repayment of such loan.

(3) The credit agency which grants loan to any person on the
security or his land acquires a charge on such land, or the interest
of such person in such land, for the repayment of such loan only if
it makes an entry thereof in his pass book, as required under sub-
section (2).

(4) Where such loan remains unrecovered the credit agency may
apply to the Sub-Collector, within whose jurisdiction such land is
situate, for the recovery of such loan only if it has made an entry
thereof in his pass book and thereupon, the Sub-Collector shall
recover it as an arrear of land revenue.

101. Issue of title deeds :-

(1) The Mandal Revenue Officer may, on the application of any

person who claims to be the owner of any land, and after enquiry,
in such manner as may be prescribed, issue a title deed, in the
form prescribed therefor, declaring such person to be the owner
thereof.

(2) The title deed issued under sub-section (1) shall have the same
evidentiary value with regard to the title of the land, to which it
relates, for the purpose of creation of equitable mortgage under the
provisions of the Transfer of Property Act, 1882 (Central Act 4 of
1882), as a document, registered in accordance with the provisions
of the Registration Act, 1908 (Central Act 16 of 1908).

102. Regularisation of certain alienations :-

(1) Notwithstanding anything in this Part, the Transfer of Property

Act, 1882, the Registration Act, 1908 or any other law for the time
being in force, where a person is in occupation of any land, by
virtue of an alienation or transfer made or effected, otherwise than
by a registered document, the alienee or transferee may, unless
such alienation or transfer is in contravention of the provisions of
the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings)
Act, 1973, the Urban Land (Ceiling and Regulation) Act, 1976, the
Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959
and the Andhra Pradesh Assigned Lands (Prohibition of Transfers)
Act, 1977, apply, within such period as may be prescribed, to the
Mandal Revenue Officer for a certificate declaring that such
alienation or transfer is valid. (Central Act 4 of 1882, Central Act 16
of 1908, Act 1 of 1973, Central Act 33 of 1976 Regulation 1959 Act
9 of 1997).

(2) On receipt of such application, the Mandal Revenue Officer

shall, after making such enquiry as may be prescribed, require the
alienee or transferee to deposit in his office an amount equal to the
registration fee and the stamp duty that would have been payable
had the alienation or transfer been effected by a registered
document in accordance with the provisions of the Registration Act,
1908, as fixed by the registering officer on a reference made to him
by the Mandal Revenue Officer on the basis of the value of the
property assessed in such manner as may be prescribed.

(3) On deposit of the amount specified in sub-section (2) the

Mandal Revenue Officer shall issue a certificate to the alienee or
transferee declaring that the alienation or transfer is valid from the
date of issue of certificate and such certificate shall,
notwithstanding anything the Registration Act, 1908, be evidence
of such alienation or transfer as against the alienor or transferor or
any person claiming interest under him.

C H A P T E R 27 PREPARATION ANDMAINTENANCE OF OTHER

RECORDS
103. Preparation and maintenance of holding register :-

T h e Mandal Revenue officer shall prepare and maintain, in such

form as may be prescribed, a record of holding of every person in
each village in his Mandal.
Explanation For the purpose of this section holding means total
lands held by a person, as owner, pattadar, occupant, mortgagee
or tenant in any village.
104. Updating of holding :-

Whenever the Mandal Revenue Officer amends and updates the

Record of Rights in respect of any land under Section 94, he shall
make corresponding amendments, in the holdings of the affected
persons and update them.
105. Annual record of cultivation :-

(1) The Mandal Revenue Officer shall prepare, in such form as may
be prescribed, and maintain for each Fasli year a record of
cultivation, made in such Fasli year, in every land in each village in
his Mandal.

(2) Such record shall contain the following particulars, namely,

(a) the name of the person who holds the land and the capacity in
which he holds it;

(b) the survey number or sub-division number of such land and its
extent;

(c) the land Revenue or water tax or other cess, if any, payable for
it;

(d) the number and nature of crops raised and the area on which
they are raised.

(e) the person who actually cultivated the land and raised such
crops and the capacity in which he did so.

(f) such other particulars as may be prescribed.

(g) such other particulars as may be prescribed.

106. Any other record :-

The Mandal Revenue Officer may, for the better protection of the
rights and interest of persons in lands and better Revenue
administration, prepare and maintain, such other records in such
form and in such manner as may be prescribed.
PART 10 SPLITTING UP OF JOINT PATTAS
CHAPTER 28 SPLITTING UP OF JOINT PATTAS
107. Prohibition of grant of joint patta :-

No person shall be registered in the Record of Rights as a joint

pattadar or granted a joint patta in respect of a land except in the
case of a Hindu joint family.
108. Splitting up of joint patta :-

(1) Every joint patta of a land granted to, or held by, Joint
pattadars except that granted to, or held by, a Hindu joint family,
shall be split up in the manner provided in sub-section (4).

(2) Every Joint pattadar shall be entitled for the grant of separate
patta in respect of his share thereon.

(3) Every person acquiring ownership of an undivided share in any

land by testate or intestate succession, or by sale, gift, exchange,
partition or by any other means shall be entitled to have his name
recorded as a separate pattadar thereof.

(4) The Mandal Revenue Officer shall, after serving notice, in the
prescribed manner, on the joint pattadars, co-owners, or joint
owners of and other persons known or believed to be interested in
such land or in the grant of separate pattas therein and, after
holding an enquiry, in such manner as may be prescribed, grant,
subject to the provisions of Part XI as to prevention of
fragmentation and consolidation of holdings, separate patta to each
Joint pattadar, co-owner or joint owner, to the extent of his share
and, if necessary, cause the said share sub-divided in the said land,
record the same in the Record of Rights and other records and
determine and recover the costs incurred therefor, in such manner
as may be prescribed, from the Joint pattadars, co-owners or Joint
owners in proportion to their shares as an arrear of land Revenue.

109. Power to exempt land or class of lands :-

T h e Government may, by general or special order, and for the

reasons to be recorded therein, exempt any land or class of lands
from all or any of the class of lands from all or any of the provisions
of this part.
P A R T 1 1 PREVENTION OFFRAGMENTATION OF LAND AND
CONSOLIDATION OF HOLDINGS
CHAPTER 29 PREVENTION OF FRAGMENTATION OF LAND
110. Determination of local area :-

The Government may, after such enquiry as it deems fit by

notification, specify a village or Mandal or any part thereof as a
local area for the purposes of this chapter and, thereupon, the
provisions of this chapter shall apply to such local area.
111. Settlement of standard area :-

(1) The Government may, after such enquiry as it deems fit,

provisionally settle for any class of lands in any local area the
minimum area, hereinafter referred to as standard area) which can
be cultivated profitably as a separate plot.

(2) The Government shall, by notification and in such other manner

as may be prescribed, publish the standard are provisionally settled
by it under sub-section (1) and invite objections, if any thereto
from the residents of such local area within the period specified
therein.
112. Determination of standard area :-

(1) The Government shall, after considering the objections, if any,

received within the specified period under sub-section (2) of
Section 111, and making such further enquiry as it may deem fit,
determine the standard area for each class of lands in such local
area.

(2) Government shall, by notification and, in such other manner as

may be prescribed, give public notice of standard area determined
under sub-section (1).

113. Revision of standard area :-

The Government may, at any time, if it deems it expedient so to

do, revise the standard area in the manner laid down in Sections
111 and 112.
114. Entry of fragments in village record :-

(1) On notification of a standard area under sub-section (2) of

Section 112 for a local area, the Mandal Revenue Officer shall cause
all fragments in such local area to be entered in such village record
as may be prescribed.

(2) Notice of every entry made under sub-section (1) shall be

given, in the prescribed manner, to the owner and to other
persons, If any, known or believed to be interested in each
fragment.

115. Transfer, lease and partition of fragments :-

(1) No person shall transfer any fragment in respect of which a

notice has been given under sub-section (2) of Section 114 except
to the owner of a contiguous survey number or recognised sub-
division of a survey number;
(2) No such fragment shall be leased to any person other than the
person cultivating any land which is contiguous to the fragment.

(3) No such fragment shall be sub-divided or partitioned.

(4) No land shall be permanently alienated, leased or sub-divided

so as to create a fragment:

(5) Notwithstanding anything contained in any law for the time

being in force, no fragment in respect of which a notice has been
given under sub-section (2) of Section 114 shall be sold at any sale
held under the orders of any court except to the owner of a
contiguous survey number or recognised sub-division of a survey
number and no land shall be sold at such sale so as to create a
fragment.

Provided that an owner of a fragment may transfer it to the

Government for purposes of the Government on payment by it of
the market value thereof.

Provided further that this section shall not apply to a transfer of

any land for such public purpose as may be prescribed.

Provided also that the owner of such fragment may mortgage or

transfer it to the Government or a land development bank or any
other co-operative society or any nationalised or scheduled bank as
security for any loan advanced to him by the Government or such
bank or society, as the case, may be:

Provided also that this section shall not apply to a sale of fragment
mortgaged to Government, a land development bank or any other
co-operative society, or any nationalised or scheduled bank, as
security for payment of any loan borrowed from it made in
execution of any decree, order or award in a suit or other
proceedings filed by the Government, such land development bank
or other co-operative society or nationalised or scheduled bank for
the recovery or such loan.

116. Restriction on partition of land :-

(1) Where, by transfer, decree succession or otherwise, two or

more persons are entitled to shares in an undivided property, so as
to call for a partition thereof, such partition shall be effected so as
not to create a fragment.

(2) Where such undivided property can not be partitioned so as to

give to each co-sharer a separate share therein without creating a
fragment, such property or such shares therein as can be carved
out without creating a fragment, shall be given to such co-sharer or
co-sharers as may be agreed upon among all the co-sharers, or in
the absence of such agreement, as may be chosen by drawal of
lots, in the prescribed manner; and such co-sharer or co-sharers
shall pay the market value of so much of land as is allotted to him
or them in excess of the share to which he or they are entitled to
and compensate the co-sharer or co-sharers to whom no share in
the land is allotted.
(3) Where the parties do not agree to either of the courses set out
in sub-section (2) they may sell by auction, the undivided property
to the highest bidder amongst themselves and share the proceeds
equally or agree upon any other method of partition which will not
result in the creation or a fragment.

(4) Where a partition is effected in execution of a decree all

questions relating to the division of the land and apportionment of
compensation, shall be decided by the court executing the decree
in accordance with the provisions of sub-sections (2) and (3).

117. Transfer or partition contrary to the provisions of this

chapter :-

(1) The transfer or partition of any land in such local area in

contravention of the provisions of this chapter shall be null and
void.
(2) The Junior Civil Judge within whose jurisdiction such land is
situate may, on a petition filed by the person who would be entitled
to such land, but for such transfer or partition, and after such
enquiry as may be prescribed, order eviction of the person who is in
possession of such fragment on the basis of such transfer or
partition; Provided that where the petitioner himself is the
transferor of such fragment, or a party to such partition, in such
contravention, or is his legal heir, while ordering the eviction of
such person, the Junior Civil Judge may also order the petitioner or
his legal heir, as the case may be, to compensate such person for
the loss sustained by him due to such eviction in such manner as
he deems fit.

(3) The provisions of the Central Act 36 of 1963 Limitation Act,

1963 shall apply to such a petition as if it is a suit.

CHAPTER 30 CONSOLIDATION OF HOLDINGS

118. Consolidation Officer :-

The Government may, by notification, from time to time, appoint

Consolidation Officer for the purposes of this chapter.
119. Declaration of intention to make a scheme for
consolidation :-

T h e Government may, on its own motion or an application of

majority of owners of lands in any local area to declare, by
notification, and by publication in two daily newspapers, having
circulation in such local area, one of which shall be in Telugu, its
intention to make a scheme for the consolidation of holdings in
such local area and thereupon the provisions of this chapter shall
apply to such local area;
Provided that owners of a single plot of land in the local area and
their single plot of land shall not be included in such scheme except
with their express consent in writing.
120. Preparation of a draft scheme for consolidation of
holdings :-
(1) The consolidation officer shall give notice to the owners of lands
in the local area as to the intention of the Government to
consolidate the holdings in such local area, and invite suggestions,
if any, from them in that regard within the period specified therein;
and shall receive such suggestions, if any, as may be made to him
within such period and consider them, may visit the local area and
make such inquiry as he deems fit and shall prepare a draft scheme
for the consolidation of holdings in such local area in such manner
as may be prescribed.

(2) The consolidation officer and any person acting under his order
may enter upon and survey lands, erect survey marks thereon,
demarcate the boundaries thereof and do all other acts necessary
for the proper performance of his duty under this chapter.

121. Amalgamation of road, street, lane or path with

holding :-

(1) While preparing draft scheme if the consolidation officer

considers it necessary to amalgamate any road, street, lane or path
with any holding in scheme and to provide such road, street, lane
or path elsewhere, he shall, before doing so, publish a declaration
in that regard, in such local area in such manner as may be
prescribed.

(2) Any person who is adversely affected by such proposal may,

within thirty days of publication of such declaration, file his
objection, in writing, to such proposal before the Consolidation
Officer who shall, after giving an opportunity of being heard to such
a person, and pass such order thereon as he deems fit, and if he
accepts the objection, he shall make such changes in the draft
scheme as may be consequential to such acceptance.

122. Lands reserved for common purposes :-

Notwithstanding anything contained in law for the time being in

force, the consolidation officer may direct that,--
(a) Any land specially assigned for any common purpose shall cease
to be so assigned and to assign any other land in its place.

(b) Where no land is reserved for any common purpose or the land
so reserved is inadequate, land or additional land, as the case may
be, shall be so reserved and to effect a pro rata cut in all the
holdings in the area.

123. Scheme to provide compensation :-

The draft scheme shall provide for the payment of difference to any
owner who is allotted a holding of less market value than that of
his original holding and for recovery of difference from any owner
who is allotted a holding of greater value than that of his original
holding:
Provided that no compensation shall be payable for the pro rata cut
effected in the holdings under clause (b) of Section 122.
124. Publication of draft scheme :-

When the draft scheme is ready, the consolidation officer shall

publish it in the local area in the prescribed manner, inviting
objections, thereto within the period specified and on receipt of
objections, if any, within such period shall, after giving an
opportunity of being heared to such objectors, pass such orders
thereon as he deems fit.
Provided that where he accepts any objection he shall amend the
draft scheme accordingly and shall publish it again in the local area
in the prescribed manner.

125. Confirmation of the draft scheme :-

(1) The Consolidation Officer shall submit the draft scheme

published under Section 124 or the amended draft scheme
published under the proviso to Section 124 together with the entire
record of his enquiry to the Chief Commissioner of Land
Administration, who shall hold such inquiry as he deems necessary
and shall confirm it, as it is or with such modifications as he deems
fit or shall reject it or remand it to the consolidation officer for
redrafting the scheme in the light of his directions.

(2) Where the Commissioner remands the scheme to the

consolidation officer for redrafting it, all the foregoing provisions of
this chapter, shall apply as if it is a fresh scheme in respect of
which a declaration has been made under Section 119.

(3) During the continuance of the consolidation proceedings, no

person shall transfer any land in respect of which notification is
issued under Section 119 and no proceedings for the execution of
any decree or order in respect of such land shall be commenced or
continued.

126. Notification of confirmation, certificates of transfer

and delivery of possession :-

(1) On confirmation of the scheme, the consolidation officer shall

publish the factum of confirmation by a notification and shall
publish the confirmed scheme in the local area in the prescribed
manner.

(2) The Consolidation Officer shall grant to every owner to whom a

holding has been allotted under the confirmed scheme a certificate
in the prescribed form duly registered under the Indian Registration
Act, 1908 (Central Act 16 of 1908 to the effect that the holding has
been transferred to him in pursuance of the scheme.

(3) Notwithstanding anything contained in any law for the time

being in force no stamp duty or registration fee shall be payable in
respect of registration of such certificate.

(4) The Consolidation Officer shall cause the possession of holdings

delivered to the persons to whom they are allotted under the
confirmed scheme from the commencement of the agricultural year
next following the date of publication of the notification under sub-
section (1) unless majority of the owners affected by such scheme
agree to take possession forthwith or from any other date in which
even he may allow them to take possession, forthwith or from such
other date.

(5) Notwithstanding anything contained in sub-section (4), no

owner shall be entitled to the possession of the holding allotted to
him under the confirmed scheme unless he deposits the difference,
if any in the market value of holding allotted and that of his original
holding.

Explanation Nothing in sub-section (5) shall be deemed to preclude

the consolidation officer from recoveries such difference from such
owner as an arrear of land Revenue.

127. Rights of owners etc. transferable for the purpose of

this chapter :-

Notwithstanding anything contained in any law for the time being

in force, the rights of owners or other persons having interest in
any land shall for the purpose of giving effect to any scheme of
consolidation affecting them be transferable, by exchange or
otherwise.
128. Cost of Scheme :-

The cost of carrying out the scheme or consolidation shall be

assessed in the prescribed manner and recovered from the persons
whose holding are affected thereby in such proportion as the
Government may determine.
129. Recovery of amounts :-

All amounts payable under this chapter shall be recoverable as

arrears of land Revenue.
130. Transfer of encumbrances :-

(1) If any extent of land in the holding of a person was burdened

with a mortgage, debt or other encumbrance, other than a lease,
such mortgage, debt or other encumbrance shall stand transferred
to the extent of land of the same value in the holding allotted to
him under the confined scheme.

(2) If any extent of land in the holding of a person burdened with a

mortgage or other encumbrance, is in the possession of mortgagee
or encumbrance, the consolidation officer shall, in such manner as
may be prescribed, put such mortgagee or encumbrancee in
possission of extent of land of the same value in the holding
allotted to him under the scheme.

131. Transfer of lease :-

If any extent of land in the holding of a person is burdened with a

lease such lease shall stand transferred to an extent of land of the
same value in the holding allotted to him under the scheme.
PART 1 2 LEVY AND COLLECTION OFLAND REVENUE AND WATER
TAX
C HA P T E R 31 ASSESSMENT, LEVY ANDCOLLECTION OF LAND
REVENUE
132. Power of the Government to levy and collect land
Revenue :-

(1) The Government shall have and shall be deemed always to

have had the power to levy and collect, for each Fasli Year, or each
crop as the case may be, land Revenue in respect of every land in
the State.

(2) The land Revenue shall be assessed in accordance with such

principles and in such manner, as may be prescribed.

(3) The Government may in addition to land Revenue, levy and

collect, in respect of every land in the State, or; such class of lands
as may be prescribed cess, if considered expedient, for each Fasli
Year, to be assessed in such manner and in accordance with such
principles as may be prescribed.
(4) The demand on any land, for its land revenue and cess, if any,
shall have priority over all other demands and may be enforced
against such land.

(5) The owner, of such land as entered in the Record of Rights shall
be liable to pay the land revenue and cess, if any, levied on it.

(6) The Government may cause the land revenue and cess, if any,
to be collected through its officers or through its officers or through
such other agency as it may deem fit.

(7) The rates of land revenue and cess, if any, levied in accordance
with the provisions of this chapter shall not be called in question in
any Court of law.

(8) The land revenue, including any such land revenue waived for
the time being, payable on the date of commencement of this
Code, shall, be deemed to be the land revenue levied under this
section.

133. Assessment of land revenue :-

Where the land revenue has not already been assessed in respect
of any land it shall be assessed by such authority, in such manner
and in accordance with such principles as may be prescribed :
Provided that before such assessment, such authority shall issue a
notification inviting objections, if any, to such assessment and
where, in response to such notification any objections are received
by it, such authority shall consider them.
134. Enhancement, reduction or waiver of land revenue :-

T h e Government may, from time to time, abolish, reintroduce,

enhance or reduce or waive the levy and collection of land revenue
and may withdraw such waiver :
Provided, however, that before reintroduction or enhancement of
Land Revenue, the Government shall issue a notification inviting
objections, if any and where, in response to such notification any
objections are received, the Government shall consider them and
pass necessary orders as they deem fit.
135. Remission of land revenue :-

Where, in any Fasli year, due to either widespread calamities such

as famine, drought, cyclone, or flood or of local calamities caused
by hailstorms, locust and the like, any land is not cultivated, or
though cultivated; the crop raised therein has failed, totally or
partially, the Mandal Revenue Officer within whose jurisdiction such
land is situate, may give total or partial remission of land revenue
in respect of such land for such Fasli year.
136. Suspension of collection of land revenue :-

Where circumstances so warrant, the Collector may, in such manner

as may be prescribed, order suspension of collection of land
revenue of any Fasli year in respect of any land or class of lands in
any local area:
Provided that he shall not extend such suspension beyond the
period of the current Fasli year without the prior permission of the
Chief Commissioner of Land Administration therefor.
137. Assessment on non-agricultural lands :-

(1) The Government may, in each Fasli year, levy and collect, on
non-agricultural lands an assessment, at such rate, depending upon
its use for any industrial, commercial or other non-agricultural
purposes and in such manner as may be prescribed.

Explanation Where the land is used for any industrial or commercial

purpose and also for any other non-agricultural purpose such land
shall be assessed at the reates prescribed for industrial or
commercial purpose, as if it were used for such industrial or
commercial purpose, as the case may be.

Provided that where an assessment is levied and collected in

respect of such land under this sub-section, no land revenue shall
be payable in respect thereof.
Provided further that where the assessment leviable on any non-
agricultural land under sub-section (1) is less than the land revenue
payable thereon the land Revenue alone shall be payable on such
land.

(2) The Government may, in the manner prescribed, prohibit,

restrict or regulate the use of an agricultural land for non-
agricultural purpose and where any person converts any agricultural
land to a non-agricultural purpose in contravention of such
prohibition, restriction, or regulation the Collector may, suo motu,
or an application, prohibit such non-agricultural use and levy, such
penalty in addition to non-agricultural assessment for the period of
non-agricultural use, or pass such other order as he deems fit.

(3) sub-sections (1) and (2) shall not apply to--

(a) lands owned by the State Government or the Central

Government other than

(i) the land leased out for any industrial, commercial or other non-
agricultural purpose; or

(ii) the land vested in a local authority and used for any industrial,
commercial or other non-agricultural purpose deriving income
therefrom;

(b) land owned by a local authority and used for any Communal
purpose so long as no income is derived in respect thereof;

(c) land owned by any educational, charitable or religious

institution;

(d) land used exclusively for residential purpose where its extent
does not exceed one hundred square meters.
CHAPTER 32 LEVY AND COLLECTION OF WATER TAX
138. Power of Government to levy and collect water tax :-

T he Government shall have and shall be deemed always to have

had the power to levy and collect, for each Fasli year, or each crop,
as the case may be, water tax in respect of every land receiving
water for irrigation or aqua-culture or such other purpose as the
Government may, by notification specify, from any Government
source of irrigation notified under Section 139, determined on the
basis of category of source of irrigation, continuity and assurance of
water supply, type of irrigation and such other principles and in
such manner as may be prescribed.
Explanation I For the purpose of levy of water tax under this
section:

(i) all Government sources of irrigation classified as major and

medium irrigation projects shall be regarded as of category I and
all other Government sources of irrigation which supply water for a
period of not less than four months in a year shall be regarded as
of category II; and

(ii) all lands whether classified as wet or dry or as irrigated wet or

irrigated dry shall be regarded as dry.

Explanation II For the purpose of this chapter "aqua-culture"

means culturing of prawn, fish or any other aquatic life in captivity,
inside tanks, ponds, pens or any other enclosures by utilising water
from a Government source.

Explanation III When a land in the command area of a Government

source of irrigation receives water for irrigation or for aqua-culture
purpose, it shall be presumed, until the contrary is proved, that it
received water from such Government source of irrigation.

139. Notification of Government sources of irrigation :-

(1) The Collector shall, by notification, from time to time, specify
for the purposes of this chapter, the Government sources or
irrigation and the lands situate in the ayacuts thereunder; lying
within his jurisdiction.

Provided that where the Government sources of irrigation and the

lands situate in the ayacuts thereunder lie in more than one
district, such notification shall be issued by the Chief Commissioner
of Land Administration.

(2) The existing notification specifying the Government sources of

irrigation shall, till a notification is issued under sub-section (1), be
deemed to have been issued under sub-section (1).

140. Determination of water tax :-

(1) The water tax payable under this chapter by each owner in
respect of his lands situate in the ayacut of the Government source
of irrigation in every village shall ordinarily be determined for the
Fasli year for which water tax shall be leviable and assessed by the
Mandal Revenue Officer in accordance with the provisions of Section
138.

(2) As soon as may be after the publication of the notification

under Section 139 the Mandal Revenue Officer shall, subject to
such general or special order as the Government may issue in this
behalf, cause a list to be prepared and published, in such manner
as may be prescribed, containing the names of the owners of lands
in every village in his mandal and the extent of lands held by them
in the ayacuts of the Government source of irrigation and the water
tax payable thereon.

(3) The list prepared under sub-section (2) shall be published at

such place and in such manner as may be prescribed and on such
publication, every owner of land who is liable to pay water tax
there under shall be deemed to have had notice of such tax.
(4) Any person interested in and objecting to the water tax
specified in the list published under sub-section (3) may make an
application to the Mandal Revenue Officer within thirty days from
the date of such publication and the Mandal Revenue Officer shall
consider such application, if any, received by him and shall pass
such order thereon as he thinks fit and serve the same on such
person, which shall subject to any appeal or revision against it, be
final.

(5) If no application is received under sub-section (4) within the

specified period, the water tax specified in the list published under
sub-section (3) shall, subject to any appeal or revision against it be
final.

(6) The water tax payable on the date of commencement of this

Code shall be deemed to be the water tax determined under
Section 138 of this Code.

141. Mode of payment of water tax :-

(1) The water tax payable under this chapter by an owner of land
shall be paid by; him in the prescribed manner.

(2) The Government may cause the water tax to be collected

through its officers or through such other agency as they may
deem fit.

142. Water tax payable under this chapter to be land

revenue :-

The water tax payable under this chapter by an owner, in respect

of the land shall, be deemed to be land revenue due upon such
land.
143. Exemption :-

The Government may, if it thinks necessary so to do, to avoid

hardship to the owners of any lands, exempt them by notification,
from the payment of water tax, fully or partially, in respect of such
lands permanently or for a specified period, on such conditions, if
any as it may specify therein;
144. Bar of Jurisdiction of Court :-

The rate of water tax levied in accordance with the provisions of

this chapter shall not be called in question in any Court of law.
CHAPTER 33 TREES
145. Title to the trees :-

(1) All trees standing on any land shall belong to the owner of such
land; but where such trees include, Sendhi, Toddy or Gulmohwa
trees, the owner of the land shall not tap or allow any person other
than the person authorised by the Government to tap such Sendhi
or Toddy trees and shall not ferment or sell Gulmohwa to any
person other than the person authorised by the Government.

Provided that where the Government authorise any person to tap

Sendhi or Todday trees or to purchase Gulmohwa, the Government
or the person so authorised shall pay to the owner of the land in
which such trees stand such charges as the Government may, by
notification, from time to time determine.

(2) The Government or any officer authorised by them may, by

notification, from time to time, prohibit or regulate the felling of
Sendhi, Toddy or Gulmohra trees and other fruit bearing trees of
any specified kind and no person shall fell such trees standing on
his land in contravention of such prohibition or regulation.

Provided that no notification shall be made by the Government or

by any such officer until the issue of a general notice, in such
manner as may be prescribed, to the owners of such trees calling
upon them to show cause as to why such notification should not be
issued; and on receipt of objections, if any, from them, until after
considering their objections.
(3) The notification issued under sub-section (2) shall be published
in the locality where the owners of such lands live, in such manner
as may be prescribed.

(4) Where any tree is cut in contravention of any prohibition,

condition or restriction imposed under the notification published
under sub-section (3) the owner of the land in which such tree
stood, on where any person has cut it without authorisation from
the owner, such person shall be liable to such penalty not
exceeding the market value of such tree, as may be determined by
the Collector, which shall be recoverable from the owner or such
other person as an arrear of land revenue.

(5) The trees in Government lands or the usufruct thereof shall be

disposed of in such manner as may be prescribed.

PART 13 CEILING ON AGRICULTURAL HOLDINGS

CHAPTER 34 CEILING ON AGRICULTURAL HOLDINGS
146. Ceiling area :-

(1) The ceiling area in the case of family unit consisting of not more
than five members shall be an extent of land equal to one standard
holding.

(2) The ceiling area in the case of a family unit consisting of more
than five members shall be an extent of land equal to one standard
holding plus an additional extent of one-fifth of one standard
holding for every such member in excess of five, so however that
the ceiling are shall not exceed two standard holdings.

(3) The ceiling area in the case of every individual who is not a
member of a family unit and in the case of any other person shall
be an extent of land equal to one standard holding.

Explanation In the case of a family unit, the ceiling area shall be

applied to the aggregate of the lands held by all the members of
the family unit.

147. Increase of ceiling area in certain cases :-

Notwithstanding anything in Section 146, where an individual or an

individual who is a manner of a family unit, has one or more major
sons, any such major son either by himself or together with other
members of the family unit of which he is a member holds no land
or holds an extent of land less than the ceiling area, then the
ceiling area in the case of the said individual or the family unit of
which the said individual is a member computed in accordance with
the Section 146 shall be increased in respect of each such major
son by an extent of land equal to the ceiling area applicable to such
major son or the family unit of which he is a member, or as the
case may be, by the extent of land by which the land held by such
major son or the family unit of which he is a member falls short of
the ceiling area.
148. Standard holding for different classes of lands and
computation :-

(1) For the purposes of this part, land shall be classified as set out
in the First Schedule. The extent of land which shall constitute a
standard holding for the class of lands specified in column (1) of
the Table below shall be as specified against it is column (2)
thereof.

Provided that--

(i) in the case of any double crop wet land falling under sub-clause
(1) of clause (21) of Section 2, for the irrigation of lands in the
Godavari Western, Eastern and Central deltas, the extent of
standard holding shall be increased by twelve and a half per
centum.

(ii) in the case of any double crop wet land irrigated solely by a
private tube well, the extent of standard holding shall in increased
by twenty-five per centum so however that the said extent shall in
no case exceed 7.28 hectares (18 acres);

(iii) in the case of any wet land irrigated by a Government source of

irrigation classified as class V in the settlement or Revenue
accounts of the Government, excluding a source fed by a project,
river, nala, or channel in the Andhra Area; and in the case of wet
land irrigated by similar source notified by the Government in this
behalf in the Telangana area; the extent of standard holding shall
be increased by sixteen and one-fourth per centum;

(iv) in the case of any dry land situated in any area declared by the
Government by notification to be drought prone area, the extent of
standard holding shall be increased

(a) by twelve and a half per centum, in the case of any dry land
falling under class G or class H of the Table below; and

(b) by twenty per centum in the case of any dry land falling under
class I, class J or class K of the said table;

(v) in the case of any land in the Telangana area situated in any
tract in respect of which the settlement operations were conducted
by an agency other than the Government, if the land falls within
class A, class B, class C, class D or class E of the Table below the
ceiling area shall be computed as if the land fell within class B,
class C, class D, class E or class F of the said table respectively and
if the land falls within class G, class H, class I or class J, the ceiling
area shall be computed as if such land fell within class H, class I,
class J or class K respectively.

(vi) in the case of any land or padugai land or any land on which a
coconut garden, a guava garden or a grape garden is raised the
extent of standard holding shall in no case exceed 10.93 hectares
(27 acres).

.style1 {font-family: Verdana}

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TABLE

Extent of standard
Class of holding
land
Wet Double crop Wet land other
wet land (a) than double
Hectares crop wet land
(b)
Hectares
(1) (2) (3) (4) (5)
Class A 4.05 (10 acres) 6.07 (15 acres)
Class B 4.86 (12 acres) 7.28 (18 acres)
Class C 5.46 (13.5 acres) 8.09 (20 acres)
Class D 6.07 (15 acres) 9.11 (22.5 acres)
Class E 6.68 (16.5 acres) 10.12 (25 acres)
Class F 7.21 (18 acres) 10.93 Dry (27 acres)
Class G 14.16 (35 acres)
Class H 16.19 (40 acres)
Class I 18.21 (45 acres)
Class J 20.23 (50 acres)
Class K 21.85 (54 acres)

(2) In computing the holding of a person or family unit, consisting

of lands of different classes, the relative proportion of the extent of
land of each such Class to the extent of a standard holding of the
appropriate Class shall be taken into account in the manner
prescribed and the aggregate of all such proportions shall be
deemed to be the holding of the person or the family unit in
relation to the ceiling area.

(3) In computing the holding of an individual who is not a member

of a family unit, but is a member of a joint family the share of such
an individual in the lands held by the joint family shall be taken
into account and aggregated with the lands, if any, held by him
separately and for this purpose such share shall be deemed to be
the extent of land which could be allotted to such individual had
there been a partition of the land held by the joint family.
(4) In computing the holdings of the member of family unit who is
a member of a joint family, the share of such member in the land
held by the joint family shall be taken into account aggregated with
the lands, if any, held by him separately and for this purpose, such
share shall be deemed to be the extent of land which would be
allotted to such member, had there been a partition of the lands
held by the joint family.

(5) Where an individual or a member of the family unit is a

member of a co-operative society, company or firm the share of
such individual or of a family unit in the land held by such co-
operative society, company or firm shall be also included in the
holding of the individual or member of the family unit, as the case
may be, and for this purpose the share of the land so held shall be
deemed to be the extent of the land which would have been
allotted to him on a winding up of the co-operative society or
company or dissolution of the firm.

(6) Lands owned or held under a private trust shall-

(a) in a case where the trust is revocable by the author of the trust,
be deemed to be held by such author or his successor-in-interest;
and

(b) in other cases, be deemed to be held by the beneficiaries of the

trust in proportion to their respective interests in such trust, or the
income derived therefrom.

Explanation Where a trust is partly private and public; this sub-

section shall apply only to lands covered by that part of the assets
of the trust which is relatable to the private trust.

149. Constitution of Tribunal :-

(1) The Government may, by notification constitute as many

Tribunals as may be necessary for the purposes of this part, and
shall specify in such notification, the jurisdiction of each such
Tribunal.

(2) Each Tribunal constituted under sub-section (1) shall consist of

not more than three members, of whom one shall be a person who
holds or has held a civil post under the State, not below the rank of
a Deputy Collector, or a person who holds or has held or is qualified
to hold the post of a District Munsif; and such person shall be the
Chairman of the Tribunal.

(3) The Government may, from time of time, likewise reconstitute

any Tribunal constituted under sub-section (1) or may at any time
abolish such Tribunal.

(4) The quorum to constitute a meeting of the Tribunal and the

procedure to be followed by it shall be such as may be prescribed.

(5) No Act or proceedings of any such Tribunal shall be deemed to

be invalid by reason only of the existence of any vacancy or any
defect in the constitution or reconstitution thereof.

150. Special provisions in respect of certain transfers, etc.,

already made :-

(1) Where on or after the 24th January, 1971 but before the
notified date, any person has transferred whether by way of sale,
gift, usufructuary mortgage, exchange, settlement, surrender or in
any other manner whatsoever, any land held by him, or created a
trust of any land held by him, then the burden of proving that such
transfer or creation of trust has not been effected in anticipation of,
and with a view to avoiding or defeating the objects of any law
relating to a reduction in the ceiling on agricultural holdings, shall
be on such person and where he has not so proved, such transfer
or creation of trust, shall be disregarded for the purpose of the
computation of the ceiling area of such person.
(2) Notwithstanding anything in sub-section (1), any alienation
made by way of sale, lease for a period exceeding six years, gift,
exchange, usufructuary mortgage or otherwise, any partition
effected or trust created of a holding or any part thereof, or any
such transaction effected in execution of a decree or order of a civil
Court or any award or order of any other authority, on or after the
2nd May, 1972 and before the notified date, in contravention of the
provisions of the Andhra Pradesh Agricultural Lands (Prohibition of
Alienation) Act, 1972 shall be null and void.

(3) Where at any time within a period of five years before the
notified date, any person has converted any agricultural land held
by him into a non-agricultural land, then the land so converted
shall be deemed to be agricultural land on the notified date for the
purposes of this part.

(4) Where on or after the 24th January, 1971 but before the
notified date,--

(a) any declaration of dissolution of marriage has been made by a

Court on an application made on or after the 24th January, 1971;
or

(b) any other dissolution of marriage in accordance with any law or

custom has taken place then the land held by each spouse
immediately before the date of such dissolution shall, for the
purposes of this part, be deemed to be land held on the notified
date by the family unit of which they were members immediately
before such-dissolution.

(5) Where on or after the 24th January, 1971, but before the
notified date any person has been given in adoption, then the land
held by such person immediately before the date of such adoption
shall, for the purposes of this part, be deemed to be held on the
notified date by the family unit of which he was a member
immediately before such adoption.
(6) In every case referred to in sub-section (4) or sub-section (5)
the computation of the ceiling area shall first be made in respect of
the family unit referred to in the said sub-section, and after the
surrender of the land held in excess of the ceiling area by such
family unit, the remaining land held by such divorced spouse or
adopted person, as the case may be, shall be included in the
holding of such divorced spouse or adopted person, whether as an
individual or as a member of a family unit such spouse or person
has become a member.

(7) If any question arises,--

(a) whether any transfer or creation of a trust effected on or after

the 24th January, 1971 had been effected in anticipation of, and
with a view to avoiding or defeating the objects of, any law relating
to a reduction in the ceiling on agricultural holdings;

(b) whether any alienation made, partition effected or trust created

on or after the 2nd May, 1972 is null and void.

(c) whether any conversion of agricultural land Into non-agricultural

land had taken place within a period of five years before the
notified date ;

(d) whether any dissolution of a marriage had taken place on or

after the 24th January, 1971 either on an application made on or
after the said date, or in accordance with any law or custom.

(e) whether any person had been given in adoption on or after the
24th January 1971, such question shall be determined by the
Tribunal, after giving an opportunity of being heard to the affected
parties, and its decision thereon shall, subject to an appeal and a
revision under this part, be final.

(8) If the Tribunal decides that any transfer, or creation of trust

had been effected in anticipation of and with a view to avoiding or
defeating the objects of any law relating to a reduction in the
ceiling on agricultural holdings or that any alienation made or
partition effected or trust created is null and void and if as a result
of such transfer, alienation or creation of trust, the holding of the
person or the family unit, that remains on the notified date does
not exceed of land that he or the family unit is liable to surrender
then the Tribunal shall treat the entire holding thus left over as the
extent of land to be surrendered under the provisions of this part
by the person or the family unit, as the case may be.

Provided that the balance of extent of land that remains liable to be

surrendered by the person or family unit shall, subject to such rules
as may be prescribed, be surrendered by the alienee who is in
possession of such holding by virtue of any transaction effected in
contravention of the provisions of the Andhra Pradesh Agricultural
Lands (Prohibition of Alienation) Act, 1972.

151. Declaration of holdings :-

(1) Every person, whose holding on the notified date together with
any land transferred by him on or after the 24th January, 1971
whether by way of sale, gift, usufructuary mortgage exchange,
settlement, surrender or in any other manner whatsoever, and any
land in respect of which a trust has been created by him on or after
24th January, 1971, exceeds the specified limits, shall, within thirty
days from the notified date or within such extended period as the
Government may notify in this behalf, furnish a declaration in
respect of his holding together with such land to the Tribunal within
whose jurisdiction the whole or a major part of his holding is situate
containing such particulars including those relating to lands held by
him in any part of India outside the State, and in such form as may
be prescribed.

Explanation IWhere the land is held or is deemed to be held by a

minor, lunatic, and idiot or other person subject to like disability,
not being a member of the family unit, the declaration shall be
furnished by the guardian, manager or other person-in-charge of
the property of such person and where the land is held or is
deemed to be held or by a company, firm, association or other
corporate body, the declaration shall be furnished by any person
competent to act for such company, firm, association or corporate
body in this behalf.

Explanation II Where the land is held or is deemed to be held by a

family unit the declaration shall be furnished by a person in
management of the property of such family unit and the declaration
so furnished shall be binding on all the members of the family unit.

Provided that the Tribunal shall in the event of a dispute as to the

declaration furnished by the person in management, give to the
other members of the family unit an opportunity of making their
representation or of adducing evidence, if any in respect of such
declaration and shall consider such representations and evidence
before determining the ceiling area under this part.

Explanation III In this sub-section specified limit means,-

(a) in the case of wet land -- 4.05 hectares (10 acres)

(b) in the case of dry land -- 10.2 hectares (25 acres);

and for the purpose of computing the specified limit in a case

where the holding of any person includes both wet land and dry
land, one hectare of wet land shall be deemed to be equal to two
and a half hectares of dry land.

(2) Without prejudice to the provisions of sub-section (1), the

Tribunal shall have power to issue notice requiring any person
holding land or residing within its jurisdiction who, it has reason to
believe, holds or is deemed to hold land in excess of the ceiling
area to furnish a declaration of his holding, or that of his family
unit, under sub-section (1) within such period as may be specified
in the notice not being less than fifteen days from the date of its
communication, and such person shall furnish the declaration
accordingly.
(3) If any person who is liable to furnish a declaration under sub-
section (1) or sub-section (2) falls to furnish the declaration within
the specified time the Tribunal may obtain the necessary
information in such manner as may be prescribed.

152. Determination of ceiling area :-

The Tribunal shall on receipt of the declaration furnished or

information obtained under Section 151, publish the same, and
make an enquiry, in such manner as may be prescribed, and pass
orders determining whether the person holds or is deemed to hold
an the notified date an extent of land in excess of the ceiling area
and if so, the extent of land so held in excess as on that date.
Explanation Save as otherwise provided in this part, in the case of
a family unit, the number of members of the family unit shall be
reckoned with reference to the notified date.
153. Surrender of land in certain cases :-

(1) If the extent of the holdings of a person is in excess of the

ceiling area, the person shall be liable to surrender the land held in
excess.

(2) The Tribunal shall serve on every person, who is liable to

surrender the land held in excess of the ceiling area under sub-
section (1), a notice specifying therein the extent of land which
such person has to surrender and requiring him to file a statement
within such period not being less than fifteen days, as it may fix,
indicating therein, full particulars of the lands which such person
proposes to surrender.

(3) If the person on whom a notice is served under sub-section (2),

files the statement referred to in that sub-section within the
specified period therefor and the tribunal is satisfied, after making
such inquiry as it deems fit that the proposed surrender of the land
is in accordance with the provisions of this part, it shall pass an
order approving the surrender and the said land shall thereupon be
deemed to have been surrendered by such person.
(4) If the person on whom a notice is served under sub-section (2)
does not file the statement referred to in that sub-section within
the period fixed therefor or files such statement within the period
fixed but does not specify therein the entire extent of land which
such person has to surrender, the Tribunal may, after giving an
opportunity to the person concerned of being heard, itself select, in
the former case the entire extent, and in the latter case, the
balance of the extent which that person has to surrender, and pass
an order to that effect, and thereupon the said land or balance of
land, as the case may be, shall be deemed to have been
surrendered by such person.

(5) (a) Notwithstanding anything in the section, it shall be open to

the Tribunal to refuse or to accept the surrender of any land--

(i) which has been converted into non-agricultural land and has
been rendered incapable of being used for purposes of agriculture;

(ii) the surrender of which is not acceptable on account of a dispute

as to the title to the land or an encumbrance on the land or on
account of the land being in the possession of any person
mentioned in item (v) of clause (35) of Section 2 or on account of
the land proposed to be surrendered becoming inaccessible by
reason of its severance from the remaining part of the holding; and
the Tribunal shall, in every such case, serve a notice on the person
concerned requiring him to surrender any land in lieu thereof; and
thereupon the provisions of sub-sections (3) and (4) shall, mutatis
mutandis, apply to such surrender;

Provided that where land proposed to be surrendered under this

section is burdened with a mortgage, the Tribunal may, on an
application made by the mortgagor with the consent of the
mortgage, by order, transfer such mortgage from the land so
proposed to be surrendered to the residuary holding of the
mortgagor or to any part thereof.

(b) Where the land so surrendered under clause (a) is not

acceptable to the Tribunal, the Tribunal shall, after giving an
opportunity to the person concerned of being heard, select any
other land in lieu thereof, and thereupon the said land shall be
deemed to have been surrendered by such person.

(6) Before passing an order under sub-section (3), sub-section (4)

or sub-section (5), the Tribunal shall publish the particulars of land
proposed to be surrendered or selected in such manner as may be
prescribed and consider the objections, if any, received in
pursuance of such publication.

Explanation I In the case of a surrender of land of a family unit--

(a) whether the extent to be surrendered by each member is

agreed upon by or on behalf of all the members of the family unit,
the extent surrendered by each such member shall be in
accordance with such agreement, so however, that the extent
surrendered by any female member of the family unit shall not
exceed the extent which she would be liable to surrender in
proportion to the total land held by her to the lands held by all the
members of the family unit.

Provided that the Tribunal may, on an application made by any

female member permit the surrender of land by her in excess of
such proportionate extent in case an extent equivalent to such
excess in terms of standard holding is transferred to her by male
member of the family unit.

(b) where there is no such agreement the extent surrendered shall

be in proportion to the lands held by each member of the family
unit;

(c) where any land is held in the name of any female member of
the family unit, it shall be presumed, unless the contrary is proved,
that such female member is the owner of such land.
Explanation II Where any person surrenders any land being the
whole or part of his share of the land held by a co-operative
society, company or firm, the share of such person in such co-
operative society, company or firm, as the case may be, shall to the
extent required for such surrender, be deemed to have been
correspondingly reduced.

Explanation III Where any person required to surrender any land

under this part is a member of a co-operative society, company or
firm he may be required to surrender the land, if any held by him
separetely and may then be required to surrender from his share of
the land held by the co-operative society, company or firm only to
make up the deficiency.

Explanation IV Where it is proposed to accept the surrender by any

person of his share of the lands held by a joint family, co-operative
society, company or firm of which he is a member, the lands so
surrendered shall be selected in accordance with any agreement
that may be arrived at between such person and the other
members of such of joint family, co-operative society company or
firm and where there is no such agreement, the share of such
person in the lands so held shall, as far as practicable, be
determined pro rata with reference to each class of land held by
such joint family, cooperative society, company or firm.

Explanation V In the case of lands covered by proviso (c) to clause

(21) of Section 2, the Government may, as soon as may be, notify
the area in which the lands are proposed to be localised as double
crop wet lands and any person whose holding falls within such
notified area shall be required to surrender, in the first instance,
only such extent of land as he would be liable to surrender treating
it as single crop wet land, and on the localisation of such land as
double crop wet; he shall be required to surrender the balance
extent which he is liable to surrender, and the provisions of Section
160 shall continue to apply until the surrender of such balance
extent.

Explanation VI Where the holding of any person comprises any land

falling under sub-clause (i) of clause (91) of Section 2, which has
not been supplied with water from the Government source of
irrigation upto the specified date, and the ceiling area in respect of
such holding has been determined on the basis that such land is a
wet land, such person shall be required to surrender in the first
instance only such extent of land as he would have been liable to
surrender has such land been treated as dry land, and on the
supply of water to such land he shall be required to surrender the
balance extent which he is liable to surrender and the provisions of
Section 160 shall continue to apply until the surrender of such
extent.

(7) The appellate Tribunal, the Tribunal, the Revenue Divisional

Officer or any officer authorised by the Tribunal or the Revenue
Divisonal Officer in this behalf may, at any time, enter upon any
land but not a dwelling house, with such officers or other persons
as it or he considers necessary and make a survey and take
measurements thereof, or do any other act which it or he considers
to be necessary for carrying out any of the provisions of this part.

154. Vesting of land surrendered :-

(1) Where any land is surrendered or is deemed to have been

surrendered under this part by an owner the Revenue Divisional
Officer may, subject to such rules as may be prescribed, by order
take possession or authorise any officer to take possession of such
land which shall thereupon vest in the Government free from all
encumbrances from the date of such order;

Provided that any claim or liability enforceable against the land

immediately before the date of vesting in the Government may be
enforced only--

(i) against the amount payable under this part in respect of such
land; and

(ii) against any other property of the owner, to the same extent to
which such claim or liability was enforceable against that land or
other property, as the case may be, immediately before the date of
vesting.

Explanation Nothing in this section shall affect the provisions of any

law, custom usage or agreement relating to right of easements
available for any land vesting in the Government under this section
over any other land.

(2) The Revenue Divisonal Officer or any officer authorised by him

to take possession of any land vesting in the Government under
this part may, while taking such possession, remove any
obstruction that may be caused or offered thereto and may for that
purpose use such force as may be necessary.

155. Reversion and vesting of land surrendered :-

(1) Where any land is surrendered or is deemed to have been

surrendered under this part by any usufructuary mortgagee or
tenant, the possession of such land shall subject to such rules as
may be prescribed revert to the owner.

(2) The owner to whom the possession of the land reverts under
sub-section (1) from an usufructuary mortgagee shall be liable to
pay the mortgage money due to usufructuary mortgagee in respect
of that land with interest at the rate of six per cent per annum from
the date of such reversion, and the said land shall continue to be
the security for such payment.

(3) The owner to whom the possession of the land reverts under
sub-section (1) from a tenant shall be entitled to receive from the
tenant rent due for the period ending with the last crop harvested
by such tenant.

(4) Where any land is surrendered or is deemed to have been

surrendered under this part by any person in possession by virtue
of a mortgage by conditional sale or through a part performance of
contract for sale or otherwise, the possession of such land shall
subject to such rules as may be prescribed, revert to the owner.

(5) The owner to whom the possession of the land reverts under
sub-section (4) shall be liable to discharge the claim enforceable
against the land by person in possession; and the land surrendered
shall if held as a security, continue to be the security.

(6) Where any land is surrendered or is deemed to have been

surrendered under this part by any limited owner, the possession of
such land shall, subject to such rules as may be prescribed, revert
to the person having a vested interest in the remainder and such
person shall be liable to discharge the claim enforceable against the
land by the limited owner, and the said land shall, if held as a
security continue to be the security.

(7) Notwithstanding anything contained in this section, where any

land surrendered by an usufructuary mortgagee or a tenant or a
person in possession referred to in sub-section (4), is also a land
surrendered by the owner, the provisions of Section 154 shall
apply.

156. Special provision for protected tenants :-

(1) Where the holding of any owner includes any land held by a
protected tenant, the Tribunal shall, in the first instance, determine
whether such land or part thereof stands transferred to the
protected tenant under Section 38 of Andhra Pradesh (Telangana
Area) Tenancy and Agricultural Lands Act, 1950, and if so, the
extent of land so transferred, and such extent of land shall
thereupon be excluded from the holding of such owner and
included in the holding of such tenant, as if the tenant was the
owner of such land for the purpose of this part.
157. Disposal of land vested in Government :-

(1) The lands vested in the Government under this part shall be
allotted for use as house-sites for agricultural labourers, village
artisans or other poor persons owning no houses or house-sites, or
transferred to the weaker sections or the people dependent on
agriculture for agriculture or for purposes ancillary thereto, in such
manner as may be prescribed;

Provided that, as far as may be practicable, not less than one half
of the total extent of land so allotted or transferred shall be allotted
or transferred to the members of the Scheduled Castes and the
Scheduled Tribes and out of the balance, not less than two thirds
shall be allotted or transferred to the members of the Backward
Class and classes of citizens notified by the Government for
purposes of clause (4) of Article 15 of the Constitution.

(2) Every person, to whom the land has been allotted for use as
house-site or transferred for the purposes of agriculture or for
purposes ancillary thereto, shall pay to the Government within a
period of fifteen years from the date of allotment or transfer or
within a shorter period at his option, and in such installments as
may be prescribed, a sum calculated at fifty times the land
Revenue payable on such land, subject to a maximum of Rs. 1,250
per hectare in the case of wet land and Rs. 375 per hectare in the
case of dry land and on payment of the entire amount such person
shall be granted a patta in respect of that land.

Explanation Where any land transferred under this sub-section

contains any fruit-bearing trees or permanent structures, the
transferee shall also be liable to pay the value of such trees or
structures calculated in such manner as may be prescribed.

(3) Where any person falls to pay the sum referred to in sub-
section (2) or any instalment thereof the Revenue Divisional Officer
may, subject to such rules as may be prescribed, resume the land
after giving an opportunity to the person concerned of making a
representation in this behalf and the amount already paid by such
person to the Government shall be liable to be forfeited of the
Government.

(4) Any transfer of the land under this section shall be subject to;
(i) the condition that the land shall not be alienated by the
transferee by way of sale, gift, mortgage, lease or in any manner
whatsoever otherwise than by way of mortgage in favour of the
Government a Bank or a Co-operative Society, including a Land
Mortgage Bank; and

(ii) the condition that where the land is an orchard, the transferee
shall continue to maintain such land as an orchard; and

(iii) such other condition as may be prescribed.

(5) Any alienation effected or other act done in respect of any land
in violation of the conditions specified in sub-section (4) shall be
null and void; and the Revenue Divisional Officer shall resume the
land after giving an opportunity to the persons affected of making
a representation in this behalf.

(6) Notwithstanding anything in this Section, the Government may:

(i) lease out any land vesting in them under this part for such
purposes and on such terms and conditions as may be specified by
them; or

(ii) reserve such land for any common use or benefit of the
community.

158. Amount payable for lands vested in the Government :-

The amount payable for any land vested in the Government under
this part shall be a sum calculated at the rates specified in the
S econd Schedule and it, shall be paid at the option of the
Government, either in cash or in bonds or partly in cash and partly
in bond, which shall be issued on such terms and shall carry such
rate of interest as may be prescribed.
159. Claims for the amount payable :-

The Tribunal shall, after giving the persons known or believed to be

interested in the land vested in the Government an opportunity of
being heard, determine the amount payable under Section 158 and
publish a notification containing particulars of the land so vested
and the amount payable therefor and any person having an interest
in the said land, may file a claim for the amount due to him from
out of the amount payable, within thirty days from the date of
publication of he notification and the Tribunal shall after making an
inquiry into the validity of the claim, determine the persons who, in
its opinion are entitled to payment from out of the said amount and
the amount to which each of them is entitled and subject to such
rules as may be prescribed, make payments in accordance with
such determination.
160. Prohibition of alienation of holding :-

(1) No person whose holding, and no member of family unit, the

holding of all the members of which in the aggregate is in excess of
the ceiling area as on the 24th January, 1971 or at any time
thereafter shall, on or after the notified date, alienate his holding or
any part thereof by way of sale, lease gift, exchange, settlement,
surrender, usufructuary mortgage or otherwise, or effect a partition
thereof, or create a trust or convert an agricultural land into non-
agricultural land, until he or the family unit, as the case may be,
has furnished a declaration under Section 151, and the extent of
land, if any to be surrendered in respect of his holding or that of his
family unit has been determined by the Tribunal and an order has
b e e n passed by the Revenue Divisional Officer under this part
taking possession of the land in excess of the ceiling area and a
notification is published under Section 159 and any alienation made
or partition effected or trust created in contravention of this section
shall be null and void and any conversion so made shall be
disregarded.

(2) For the purpose of determining whether any transaction of the

nature referred to in sub-section (1) in relation to a land situated in
this State took place on or after the notified date, the date on
which the document relating to such transaction was registered
shall, notwithstanding anything in Section 47 of the Registration
Act, Central Act 16 of 1908, be deemed to be the date on which
the transaction took place, whether such document was registered
within or outside the State.

(3) The provision of sub-section (1) shall apply to any transaction

of the nature referred to therein in execution of a decree or order of
a civil Court or of any award or order of any other authority.

161. Declaration of future acquisitions :-

(1) Where on or after the notified date there takes place-

(a) any acquisition in any manner whatsoever, usufructuary

mortgage or lease of any land; or

(b) any marriage or adoption; or

(c) any alteration in the classification of the land; and after such
acquisition, usufructuary mortgage, lease, marriage, adoption or
alteration, the total extent of land held by any person or by all the
members of any family unit in the aggregate exceeds the ceiling
area, such person or family unit shall within a period of sixty days
from the date of such acquisition, usufructuary mortgage, lease,
marriage, adoption, or alteration furnish a declaration of the
holding of such person or family unit; and all the relevant provision
of this part shall apply as if it was a declaration furnished under
Section 151.

Explanation I For the purpose of this Section, the number of

members of a family unit shall be reckoned with reference to the
date of such acquisition usufructuary mortgage, lease, marriage,
adoption or alteration as the case may be.

Explanation II For the purpose of the application of the provisions

of Sections 152 and 160, the expression "notified date" shall be
constructed as the date of acquisition, usufructuary mortgage,
lease, marriage, adoption, or alteration as the case may be.

Explanation III For the removal of doubts, it is hereby clarified that

no declaration under this Section need be furnished where the total
extent of land held by all the members of a family unit in the
aggregate exceeds the ceiling area solely on account of any
reduction in the number of members of the family unit.

Explanation IVWhere a land surrendered by a family unit under this

part is land held by a joint family, it shall be open to the other
members of the joint family with and other members of the Joint
Family to partition the land remaining with such joint family after
such surrender and if such family unit comes to hold land in excess
of the ceiling area solely on account of such partition, such family
unit shall not be required to furnish a fresh declaration under this
Section and the relevant provisions of this part applicable to a
family unit holding land in excess of the ceiling area shall not apply
to such family unit.

Explanation V For the removal of doubts, it is hereby clarified that

when a land held by a limited owner reverts to the person having a
vested interest in the remainder by virtue of sub-section (6) of
Section 157 or otherwise, there shall be deemed to be an
acquisition of such land by such person for the purposes of this
section.

(2) Where any land is acquired or taken on lease by a person solely

for a non-agricultural purpose connected with or incidental to an
industry, the Government may, after making such enquiry as they
may deem fit, by order, exempt, subject to such conditions, if any,
as may be specified in order, such land from the provisions of sub-
section (1).

Explanation VI For the purpose of this sub-section, the expression

"Non-Agricultural Purpose" means a purpose which is not an
agricultural purpose or a purpose ancillary thereto, including
horticulture, and the expression industry" means any business,
profession, trade, undertaking or manufacture.
162. Declaration to be furnished before registering officer :-

(1) Notwithstanding anything in the Registration Act, Central Act

16 of 1908 every person presenting before a Registering Officer
appointed under the said Act for registration on or after the notified
date, any document relating to alienation of any land or creation of
a trust in respect of any land shall, at the time of such
presentation, furnish a declaration, in duplicate by the transferor
making the alienation, or creating the trust to the effect that the
holding of the transferor does not exceed the ceiling area, and in a
case where such transferor is a member of a family unit, that the
holdings of all the members of such family unit in the aggregate do
not exceed the ceiling area.

(2) The declaration mentioned in sub-section (1) shall be in such

form and contain such particulars as may be prescribed.

(3) On or after the notified date, no registering officer shall accept

for registration, any document relating to the alienation, or the
creation of any trust, of any land, if the document is not
accompanied by the declaration mentioned in sub-section (1).

(4) The Registering Officer shall, as soon as may be after the date
of registration of the document, forward one copy of he declaration
referred to in this section to the Revenue Divisional Officer within
whose jurisdiction the holding which is the subject matter of the
document or a major part thereof, is situated and on receipt of
such copy, the Revenue Divisional Officer, may obtain such
information as may be necessary for verifying as to the correctness
of the statements contained in the declaration.

(5) Every Village Officer and every Officer of the Revenue,

Registration and Survey and Settlement Departments of the
Government, shall report to the Revenue Divisional Officer any
information which they may receive of transactions in respect of
any land made in contravention of any of the provisions of this part
and on receipt of such information the Revenue Divisional Officer
may verify the correctness of the same.

(6) Where it appears to the Tribunal or the Revenue Divisional

Officer, as the case may be, as a result of verification under sub-
section (4) or sub-section (5) or in any other manner that a
transaction has taken place in contravention of the provisions of
this part it or he shall, after giving to the parties likely to be
affected an opportunity of making representation and holding such
enquiry as it or he may consider necessary by order determine
whether or not the transaction is in contravention of the provisions
of this part; and where any transaction is so determined to be; in
contravention of the said provisions, it shall be null and void.

163. Constitution of Appellate Tribunal :-

(1) The Government may, by notification constitute as many

appellate Tribunals as may be necessary for the purposes of this
part, and shall specify in such notification, the Jurisdiction of each
such appellate Tribunal.

(2) Each appellate Tribunal constituted under sub-section (1) shall

consist of not more than three members, of whom one shall be a
person who holds or has held a civil post under the State, not
below the rank of a District Revenue Officer, or a person who holds
or has held or is qualified to hold the post of a District Judge, and
such person shall be Chairman of the Tribunal.

(3) The provisions of sub-sections (3), (4) and (5) of Section 149
shall apply in relation to an appellate Tribunal as they apply in
relation to the Tribunal with the substitution of references to the
appellate Tribunal for references to the Tribunal.

164. Exemptions :-

Nothing in this part shall apply to the following lands, namely,--

(a) lands held by the State or the Central Government, or any local
authority.
(b) lands held by religious, charitable or educational institutions,
including a wakf, of a public nature existing on the date of the
commencement of the Andhra Pradesh Land Reforms (Ceiling on
Agricultural Holdings) Act, 1973 (Act 1 of 1973).

(c) lands held by an undertaking owned, controlled or managed by-

-

(i) a Government company as defined in Section 617 of the

Companies Act, 1956 (Central Act 1 of 1956).

(ii) a Corporation established by or under a Central or State Act,

which is controlled or managed by a State Government or the
Central Government;

(d) lands covered by tea, coffee, cocoa, cardamom, or rubber

plantations;

(e) lands held by--

(i) such Co-operative Farming Societies of weaker section as may

be approved by the Government in this behalf which approval the
Government may for good and sufficient reason withdraw at any
time;

(ii) other Co-operative Societies including Land Development

Banks;

(f) lands held by a bank;

(g) lands vested in the Andhra Pradesh Bhoodan Yagna Board or in

a Gram Sabha;
(h) lands in any area notified by the Government in this behalf as
required for acquisition in connection with any major irrigation,
power, industrial or other project under construction as on the date
of commencement of the Andhra Pradesh Land Reforms (Ceiling on
Agricultural Holdings) Act, 1973.

Provided that where any of the lands specified in clause (a), (b),
(c), (d), (e), (f) or (g) are held by any person other than the
authority, institution, body corporate or society specified in such
clause whether as a tenant or usufructuary mortgagee or otherwise,
the provisions of this part shall apply to such person in respect of
such land:

Provided further also the exemptions under item (ii) of clause (e)
and clause (f) shall be available only in respect of the lands
acquired by such Co-operative Societies or Banks in pursuance of
the recovery of their dues;

Provided also that the exemptions under item (i) of clause (c) shall
be available only in respect of such part of the land as may be
relatable to the share held by a State or Central Government in
such Government company, and for this purpose, the share of the
land so relatable shall be deemed to be the extent of the land
which would have been allotted to the said Government on a
winding up of the company.

165. Penalty :-

(1) If any person, who is liable to furnish a declaration under this

part wilfully and without reasonable cause or excuse, falls to furnish
the declaration within the period prescribed or specified therefor by
or under this part or furnishes any declaration which he knows or
has reason to believe to be false, incorrect or incomplete, he shall
be punished with imprisonment for a term which may extend to
two years or with fine which may extent to two thousand rupees or
with both.
(2) If any person wilfully and without reasonable cause or excuse
contravenes any other provisions of this part or of any rules made
or orders issued thereunder, he shall be punished with
imprisonment for a term which may extend to two years or with
fine which may extend to two thousand rupees or with both.

(3) If any Village Officer, or any Officer of the Revenue,

Registration or Survey and Settlement Department of the
Government wilfully and without reasonable cause or excuse fails to
report to the Revenue Divisional Officer any information which he
may receive of any transaction in respect of any land made in
contravention of any of the provisions of this part, he shall be
punished with imprisonment for a term which may extend to two
years or with fine which may extend to two thousand rupees or
with both.

(4) No Court shall take cognizance of an offence punishable under

this part except with the previous sanction of the District Collector,
which sanction shall be accorded subject to such rules as may be
prescribed.

PART 1 4 RELIEF TO AGRICULTURALLABOURER, RURAL ARTISAN

AND SMALL FARMER
C H A P T E R 35 RELIEF TO AGRICULTURALLABOURERS, RURAL
ARTISANS AND SMALL FARMERS
166. Relief to agricultural labourers, Rural Artisans and
Small Farmers :-

(1) Notwithstanding anything contained in any other law for the

time being in force or a custom, contract or decree of a Court to the
contrary, no creditor shall charge, claim, collect or recover interest
over and above such rate or different from such kind as may be
prescribed on any loan advanced to an agricultural labourer, or a
small farmer or a rural artisan and in no event the aggregate of
such interest shall exceed the principal amount of loan.

(2) Notwithstanding anything contained in any other law for the

time being in force or a custom, contract or decree of a Court to the
contrary, where in any agricultural year, due to late arrival of rains
or other vagaries of nature, agricultural lands in any village are not
cultivated, or though cultivated the crops raised therein have failed,
totally or partially, no creditor shall be entitled to demand, enforce
or recover, in such agricultural year, payment of any instalment of
any debt or repayment of such debt or unpaid portion thereof,
otherwise due and payable in such agricultural year from an
agricultural labourer or a small farmer or a rural artisan, in such
village, nor shall charge, claim, collect or recover any penal interest
from him for non-payment thereof.

(3) Where any dispute arises between the debtor and his creditor
as to the amount of any debt, instalment of debt, or interest due
by the former to the latter or as to the rate or kind of interest
which is charged on any loan advanced by the creditor to his debtor
or as to whether in any agricultural year, due to late arrival of rains
or other vagaries of nature, agricultural lands in any village are not
cultivated, or though cultivated the crops raised therein have failed,
totally or partially, the debtor, or the creditor may file a petition
before the Junior Civil Judge within whose jurisdiction the debtor
lives or carries on business or works for gain, for the determination
of such dispute.

(4) On receipt of such petition, the Junior Civil Judge shall give to
the respondent in such petition an opportunity to file his counter
and shall, after giving to both the parties an opportunity to adduce
oral and documentary evidence in support of their respective
contentions and after being heard, determine such dispute.

(5) The provisions of the Limitation Act, 1963 (Central Act 36 of

1963) shall apply to such a petition as if it is a suit.

PART 15 ESCHEATS AND BONA VACANTIA

C HAPTER 36 OWNERSHIP, SUPERINTENDENCE AND POWER OF
DISPOSAL OF ESCHEAT AND BONA VACANTIA
167. Ownership of escheat :-
Where the owner of any property situated in the State, dies
intestate without leaving any legal heir, such property shall, as
escheat, belong to the Government.
168. Ownership of bona vacantia :-

Where there is no rightful owner, to any property situated in the

State, other than escheat or any movable property found in a
public place, such property shall, as bona vacantia, belong to the
Government.
169. General Superintendence of escheat and bona
vacantia :-

Subject to the orders, if any, of the Government, in that behalf, the

general superintendence of all escheats and bona vacantia shall
vest in the Chief Commissioner of Land Administration, who shall be
t h e chief controlling authority in all matters connected with the
administration of escheat and-bona vacantia under this part.
170. Local Officers :-

(1) The Government may, by notification, appoint the Collector or

such other officer as it may deem fit to be the local officer for each
district, who shall, subject to the general control of the chief
controlling authority, exercise the powers conferred and perform
the duties imposed on him by or under this part.

(2) The Government may, by notification, appoint, such number of

other officers as may be necessary, for the purposes of this part, to
assist the local officer.

171. 1Powers of disposal of escheat and Powers of disposal

of escheat and bona vacantia :-

(1) Save as otherwise provided in this part, an escheat or bona

vacantia may be disposed of--

(a) by the Government irrespective of its value unless it delegates

such power to the chief controlling authority;
(b) by the chief controlling authority where its value does not
exceed one lakh rupees; and

(c) by the local officer, where its value does not exceed twenty
thousand rupees.

(2) The power to dispose of an escheat or bona vacantia under sub-

section (1) shall include the power--

(i) to decide whether the claim of the Government should be

asserted and the property should be taken into custody;

(ii) to make equitable disposition of property which devolves by

escheat;

(iii) to take charge of the property to which the claim of the

Government has been asserted and to arrange for its care and
maintenance during the period of its custody.

C H A P T E R 37 ENQUIRY RELATING TOESCHEAT OR BONA

VACANTIA
172. Enquiry relating to escheat or bona vacantia :-

Whenever the local officer receives information from any source

that any property of the nature of an escheat or a bona vacantia is
situated or lying within his Jurisdiction, he shall cause an enquiry to
be made in respect thereof.
173. Suit for declaration and possession of escheat or bona
vacantia :-

(1) Where, as a result of the enquiry under Section 172, the local
officer is satisfied that any escheat or bona vacantia is in the
possession of a person, who has no right to it, but such person
refuses, on demand, to surrender possession thereof, the local
officer may, after obtaining the sanction of the chief controlling
authority, institute a suit for declaration of Governments right to it
and recovery of possession thereof.

(2) On the decree of the suit, the local officer shall obtain the
possession thereof through the Court and manage it or dispose it of
in accordance with the other provisions of this part.

174. Possession and disposal of perishable property :-

(1) Where the property of the nature of an escheat or bona

vacantia is not in the possession of any person, or the person in
possession surrenders, on demand, the possession thereof, the local
officer shall, under an inventory prepared in the presence of not
less than five respectable persons of the locality, take such
property into his custody and send a report thereof together with a
copy of inventory to the chief controlling authority and shall,
pending settlement of the claim to such property under Section 175
arrange for its care and maintenance.

(2) Where such property is an immovable property, the local officer

shall sell the lease hold right thereof in public auction in such
manner as may be prescribed and shall, after deducting the
expenses thereof, hold the remaining sale proceeds in deposit.

(3) Where such property or any part thereof is perishable or

involves considerable expenditure in its upkeep or the value thereof
does not exceed five hundred rupees or for any other reason he
considers it expedient so to do, the local officer may, for reasons to
be recorded in writing, order the disposal of such property by public
auction in the prescribed manner and shall, after deducting the
expenses thereof hold the remaining sale proceeds in deposit.

175. Declararation of property as escheat or bona vacantia

:-
(1) As soon as may be after taking the property in his custody
under sub-section (1) of Section 174, the local officer shall publish
a notice in such manner as may be prescribed, calling upon the
persons who may have any claim to such claim to such property to
prefer their claims thereto in the prescribed form within three
months from the date of publication of the notice.

(2) Where no claim is preferred within the said period of three

months, the local officer shall declare the property in respect of
which notice is published under sub-section (1) to be an escheat or
a bona vacantia, as the case may be and dispose it of in accordance
with the other provisions of this part.

(3) Where any person prefers a claim to such property within the
said period of three months the local officer shall make an enquiry
and decide the claim, recording the reasons therefor.

(4) Where the local officer or on appeal, the District Court decides
that such property belongs to the claimant, the local officer shall
deliver the same to him and where the local officer or, on appeal,
the District Court decides that such property does not belong to the
claimant, he or it shall declare the same to be an escheat or a bona
vacantia, as the case may be, on which the local officer shall
dispose it of in accordance with the other provisions of this part.

(5) Notwithstanding anything contained in the other provisions of

this part, a claimant who is aggrieved by the decision of the local
officer under sub-section (3) may, instead of preferring an appeal
against it to the District Court, institute a civil suit to establish his
claim and the provisions of sub-section (5) shall apply, mutatis
mutatis, to the decision of the civil Court.

176. Immovable property not to be sold for twelve years :-

Notwithstanding anything in this part no immovable property which

is declared scheat or bona vacantia shall be alienated for a period
of twelve years from the date of such declaration.
CHAPTER 38 MOVABLE PROPERTY FOUND IN A PUBLIC PLACE
177. Movable property found in a public place :-

(1) Any movable property which is found in a public place, the

owner of which is not known shall be the property of the finder as
against everyone except the true owner.

(2) Where the finder so desires he may hand over such property to
the officer in-charge of the nearest police station who shall retain
the same in his custody and shall, at once, furnish a report in
regard thereto with an inventory thereof the Chief Metropolitan
Magistrate or as the case may be the Chief Judicial Magistrate
having jurisdiction, over the area.

(3) On receipt of a report under sub-section (2) the Magistrate shall

make such order as he thinks fir respecting the disposal of such
property or the delivery of such property to the person entitled to
the possession thereof as if it were a property taken over by the
police under Section 51 of the Code of Criminal Procedure, 1973
(Central Act 2 of 1974).

Explanation For purposes of this section the term "movable

property" does not in include a treasure as defined in clause (b) of
Section 3 of the Indian Treasure Trove Act 1878 (Central Act VI of
1878).

PART 16 REVENUE RECOVERY

CHAPTER 39 LAND REVENUE AND ITS PAYMENT
178. Security for land Revenue :-

The land, the buildings upon it, and its produce shall be the
security for the land revenue due on land.
179. When and to whom the land Revenue is to be paid :-

Every land holder shall pay to the Sub-Collector or other officer

empowered by him to receive it, the land revenue due on his land
o n or before the day on which it falls due according to the kist-
bandi and where no particular day is fixed then within the time it
falls due according to the local usage;
Provided that the Chief Commissioner of Land Administration may,
by notification, alter and fix, from time to time, the amount of
instalments and the dates on which they shall respectively become
payable.
180. Mode of recovery of land Revenue :-

Whenever the land revenue is in arrear, the Sub-Collector or other

officer empowered in this behalf may recover the arrear together
with interest and costs of process by;
(a) attachment and sale of the defaulters movable property;

(b) attachment and sale of the defaulters immovable property;

(c) appointment of a receiver for the management of the defaulters

immovable property;

(d) arrest and detention of the defaulter or his surely.

181. Prohibition to bid at Revenue sale :-

No officer conducting a sale or having any duty to be performed in

the conduct of sale under this part and no person employed by or
subordinate to such officer shall, either directly or indirectly bid for
acquiring or attempt to acquire the property to be sold or any
interest therein.
182. Interest on arrears of land Revenue :-

The arrears of land revenue shall bear interest at such rate as may
be prescribed.
CHAPTER 40 ATTACHMENT AND SALE OF MOVABLE PROPERTY
183. Attachment of movable property other than
agricultural produce :-
(1) In the attachment of movable property, other than the
agricultural produce, the following procedure shall be observed,
namely,--

(i) the Sub-Collector or other officer empowered in this behalf shall

furnish to the person employed to attach the property of a
defaulter a demand in writing signed by him specifying,--

(a) the name of the defaulter;

(b) the amount of arrear for which the distress may be issued; and

(c) the date on which arrear fell due;

(ii) the demand shall authorize the person making the distress to
seize the property;

(iii) Where the defaulter does not pay forthwith the arrear due, as
specified in the demand, and makes no arrangement for securing
the payment of the same, the distrainer shall attach the movable
property by seizing it;

(iv) the distrainer shall, thereafter, prepare a list with the

particulars of the property seized and enter in it the particulars of
the place where it may be lodged;

(v) a copy of such list shall be furnished to the defaulter setting

forth that the distrained property will immediately be brought to
sale unless the amount of arrears with interest, batta and all
expenses of distress be discharged.

(2) When a defaulter is absent, a copy of the demand with the list
shall be affixed or left at the usual place of his residence or at the
premises where the property is distrained within three days from
the date of distress.
(3) The distrainer will keep the property in his own custody or
entrust the custody of the property to one of the subordinates of
the Sub-Collector as may be prescribed in this behalf who shall be
responsible for due custody thereof.

184. Articles exempt from attachment :-

The following articles shall not be attached for arrears of land

revenue,--
(a) the necessary wearing-apparel cooking vessels, beds and
bedding of the defaulter, his wife and children and such personal
ornaments of a woman as in accordance with the religious usage
can not be parted with by her;

(b) his plough, implements of husbandry other than tractors,

mechanical tillers and motorised or powered equipment, one pair of
plough and cattle, such manure and seed grain stocked by the
defaulter or on his behalf by his cultivator as may be necessary for
the due cultivation of his lands in the ensuring year; and

(c) such portion of agricultural produce or of any class of

agricultural produce as the Government may declare, by notification
to be necessary for the purpose of providing until the next harvest
for the due cultivation of the land of the defaulter and for the
support of the defaulter and his family.

185. Attachment of agricultural produce :-

(1) Where the property to be attached is agricultural produce, the

Sub-Collector shall issue a warrant of attachment specifying the
particulars mentioned in sub-section (1) of Section 183 and also
specifying the lands, the produce of which is to be attached.

(2) The attachment shall be made by affixing a copy of the warrant

of attachment,--
(a) where such produce is growing crop, on the land on which such
crop has grown; or

(b) where such produce has been cut or gathered, on the threshing
floor or place for treading out grain or the like or fodder stack on or
in which it is deposited.

and another copy on the outer door or on some other conspicuous

part of the house in which the defaulter ordinarily resides, or where
there is no such residence on the outer door, or on some other
conspicuous part of the house in which he carries on business or
personally works for gain, or in which he is known to have last
resided or carried on business or personally worked for gain and the
produce shall, thereupon, be deemed to have passed into the
possession of the Sub-Collector.

186. Arrangements as to the custody etc., of agricultural

produce under attachment :-

(1) Where agricultural produce is attached, the Sub-Collector or

other officer empowered by him in this behalf shall make such
arrangements for the custody, watching, tending, cutting gathering
and storing thereof as he may deem fit.

(2) Subject to such conditions as may be imposed by the Sub-

Collector or other officer empowered by him in this behalf, as the
case may be, either in the order of attachment or in any
subsequent order, the defaulter may tend, cut, gather and store
the produce and do any other act necessary for maturing or
preserving it; and where the defaulter fails to do all or any of such
acts, the person appointed by the Sub-Collector in this behalf may,
subject to the like conditions, do all or any of such acts, and the
costs incurred by such person shall be recoverable from the
defaulter as if they were included in the warrant.

(3) Agricultural produce attached as a growing crop shall not be

deemed to have ceased to be under attachment or to require re-
attachment merely because it has been severed from the soil.

(4) Where an order for the attachment of a growing crop has been
made at a considerable time before the crop is likely to be fit to be
cut or gathered, the Sub-Collector or other officer empowered by
him in this behalf may suspend the execution of the order for such
time as he thinks fit and may, in his discretion, make a further
order prohibition the removal of the crop pending the execution of
the order of attachment.

(5) A growing crop which from its nature does not admit of being
stored shall not be attached under this section more than twenty
days before it is likely to become fit to be cut or gathered.

187. Attachment to be proportionate and only between

sunrise and sunset :-

(1) The property attached shall be as nearly as possible

proportionate to the amount specified in the demand or warrant as
the case may be.

(2) Attachment by seizure shall be made only after sunrise and

before sunset.

188. Places which the distrainer may force open :-

The distrainer may,

(a) force open any stable, cowhouse granary, godown, outhouse or
other nonresidential building;

(b) enter any dwelling house, the outer door of which is open; and

(c) break open the door of any room in such dwelling house for the
purpose of attaching property belonging to a defaulter and lodged
therein;

Provided that the distrainer shall not break open or enter any
apartment in such dwelling house appropriated for the residence of
women except as provided in the Section 189.

189. Distrainer to force open the doors in the presence of a

Police Officer :-

(1) Where a distrainer has reason to believe that the property of a

defaulter is lodged within a dwelling house the outer door of which
is shut, or within any apartment appropriated by women which, by
the usage of the country, is considered private, such distrainer shall
represent the same to the officer in-charge of the nearest police
station.

(2) On such representation, the officer-in-charge of the police

station shall send a police officer to the spot, in whose presence the
distrainer may force open the outer door of such dwelling house, in
the same manner as he may break open the door of any room
within the house except the apartments used by women.

(3) The distrainer may also, in the presence of the police officer,
after a notice given for the withdrawal of women from their
apartments and after furnishing adequate opportunity for their
withdrawal in a suitable manner, enter the apartments used by
women for the purpose of distraining the defaulters property
deposited therein but such property, if found, shall be removed
immediately from such apartments after which they shall be left
free to the former occupants.

190. Punishment for unlawful entry :-

Persons entering the apartments of women or forcing open the

outer doors of dwelling houses, contrary to the provisions of this
part, shall be punishable with imprisonment which may extend to
six months or with fine which may extend to five hundred rupees or
with both.
191. Recovery of loss from neglect in respect of distrained
property :-

Where property distrained is stolen, or lost, or damaged by reason

of the necessary precautions for its due preservation not having
been taken or from its having been improperly worked or made use
of, the amount of such loss or damage shall be recoverable by
summary process by the Collector, from the officer whose neglect
o r act occasioned the loss or damage and the amount when
recovered shall be adjusted towards the arrear of land revenue and
the balance, if any, shall be paid to the owner.
192. Penalties for fraudulent conveyance of property to
prevent distress and forcible or clandestine removal of
distrained property :-

(1) Where on an application made by the distraining officer to a

civil Court of competent jurisdiction complaining that, --

(a) the defaulter has made a fraudulent conveyance of property to

prevent the distress for arrears, or

(b) any person has forcibly or clandestinely taken away the

property distrained, the Court may after making such enquiry as it
deems fit and after notice to the defaulter and the person in
possession of the property, restore the property to the distrainer, if
it is satisfied that the complaint of the distrainer is well founded.

(2) The defaulter or any person shall also be liable for punishment
for any offence under any law for the time being in force committed
by him by the acts referred to in clauses (a) and (b) of sub-section
(1).

193. Claims to property distrained :-

(1) When any claim is made by a person to movable property

attached under the provisions of this chapter, the Sub-Collector or
other officer empowered by him in this behalf shall make a
summary enquiry after giving the claimant an opportunity to be
heard and either admit or reject the claim.

(2) Where the claim is admitted wholly or partly, the property shall
pro tanto be released.

(3) No claim under this section shall be entertained if it is not made

within fifteen days from the date of distraint.

(4) Where the claim under this section relates to growing crops or
produce gathered and stored on the land in the possession of the
defaulter and in respect of which the Government has a charge,
such charge shall prevail against any such claim.

194. Officer empowered to sell distrained property :-

Every Mandal Revenue Officer, hereinafter called the sale officer,

shall have the power to sell, in such manner as may be prescribed,
the property distrained for arrears of land revenue.
195. Delegation of powers of Mandal Revenue Officer :-

Subject to the orders of the Sub-Collector, every Mandal Revenue

Officer may delegate the powers vested in him under Section 194
to any officer subordinate to him not below the rank of a Revenue
Inspector and the provisions of the said section shall apply to him
in the same manner as they apply to Mandal Revenue Officer.
196. Investing the powers of Mandal Revenue Officer or
other Officers :-

The Government may, by notification, invest any Officer or class of

officers with the powers of a Mandal Revenue Officer under this
part subject to such conditions and restrictions as may be specified
therein.
197. Sale of distrained property :-
Where a claim made under Section 193 is rejected or no claim is
made to movable property distrained, the sale officer may by
auction sell the attached movable property or so much there of, as
may be necessary to satisfy the arrears of land revenue and
incidental expenses.
198. Procedure when defaulter fails to pay after notice :-

(1) Where even after the distraint is made and the list of the
property is served on the defaulter in the manner provided in
Section 183 the amount is not paid in pursuance of the demand
notice and no arrangement for securing the payment thereof is
made to the satisfaction of the Sub-Collector or other officer
empowered by him in this behalf, the distrainer shall transmit the
list of the property distrained it the nearest sale officer who shall
sell the property for discharge of the arrears of land revenue due
with interest, costs and batta.

(2) Within seven days after the receipt of the list of property by the
sale officer transmitted under sub-section (1), the sale officer shall
issue a proclamation of the intended sale specifying the time and
place of the sale and the particulars of the property to be sold.

(3) Such proclamation shall be made by beat of drum or by other

customary mode in the village in which the property was seized or
where the property was seized in a town or city, then in the locality
in which it was seized and at such other place as the Sub-Collector
or other officer empowered by him in this behalf may consider
necessary to give due publicity to the sale.

(4) The sale officer shall cause to be affixed to the outer door of
the defaulters house or on the premises where the property may
have been distrained, a list of the property to be sold with a notice
specifying the place where and the day and hour at which the
distrained property shall be sold.

(5) No sale shall take place before the expiration of a period of

fifteen days from the date on which the notice was affixed.
199. Sale of agricultural produce :-

(1) Where the property to be sold is agricultural produce, the sale

shall be held,--

(a) where such produce is growing crop, on or near the land on

which such crop has grown; or

(b) where such produce has been cut or gathered, at or near the
threshing floor or place for treading out grain or the like, or fodder-
stack on or in which it is deposited :

Provided that the Sub-Collector or other officer empowered by him

in this behalf may direct the sale to be held at the nearest place of
public resort, if he is of opinion that the produce is, thereby, likely
to sell to greater advantage.

(2) Where, on the produce being put up for sale,--

(a) a fair price, in the estimation of the person holding the sale, is
not offered for it, and

(b) the owner of the produce, or a person authorised to act on his

behalf applies to have the sale postponed till the next day or,
where market is held at the place of sale, the next market day, the
sale shall be postponed accordingly, and shall be completed on the
postponed day, whatever may be the price offered for the produce.

200. Special provisions regarding sale of growing crops :-

(1) Where the property to be sold is a growing crop and the crop
from its nature admits of being stored but has not yet been stored,
the day of sale shall be so fixed as to admit of the crop being made
ready for storing before such day, and the sale shall not be held
until the crop has been cut or gathered or is ready for storing.

(2) Where the crop from its nature does not admit of being stored
or can be sold to a greater advantage in an unripe stage it may be
sold before it is cut and gathered and the purchaser shall be
entitled to enter on the land, and to do all that is necessary for the
purpose of tending or cutting or gathering and removing the crops.

201. Sale how conducted and when stopped :-

(1) At the appointed time the property shall be sold by public

auction in one or more lots as the sale officer may consider
advisable and shall be disposed of to the highest bidder;

Provided that where the property it sold in more lots than one, if
the amount to be realized by sale is satisfied by the sale of a
portion of the property, the sale shall immediately be stopped with
respect to the remainder of the lots.

(2) Where the property sold fetches more than the amount of the
arrears, the surplus, after deducting the expenses of process and
interest shall be paid to the defaulter.

(3) If before the lot is knocked down, the defaulter or any person
acting on his behalf pays to the sale officer, the arrears of land
revenue with interest thereon and all charges, the sale shall be
stopped.

202. Payment of Sale Price :-

(1) Where movable property is sold by public auction the price shall
be paid in cash at the time of the sale, or as soon as thereafter as
the sale officer holding the sale shall appoint and the purchaser,
shall not be permitted to carry away any part of the property until
he has paid the amount in full.
(2) Where the purchaser falls to pay the purchase money the
property shall be resold and the defaulting purchaser shall be liable
for the loss arising as well as the expenses incurred for the resale
and where the property is sold for a higher price at the second sale
than at the first sale, the difference shall go to the credit of the
person on whose account the first sale was made.

203. Sale of perishable articles :-

Notwithstanding anything in Sections 1988 to 201 crops or produce

which are in their nature speedily perishable, shall be sold by the
distrainer as soon as possible after they are distrained in such
manner as may be prescribed, and the sale proceeds shall be
deposited with the Mandal Revenue Officer.
CHAPTER 41 ATTACHMENT AND SALE OF IMMOVABLE PROPERTY
204. Service demand prior to attachment :-

(1) Before the Sub-Collector or other officer empowered by him in

this behalf proceeds to attach the land of the defaulter, or buildings
thereon, he shall cause a written demand to be served upon the
defaulter specifying.

(a) the amount due;

(b) the land in respect of which it is claimed;

(c) the name of the party in arrear;

(d) the batta due to the person who shall serve the demand;

(e) the time allowed for payment, which shall be fixed with
reference to the distance from the land on which the arrear is due
to the place at which the money is to be paid.

(2) Such demand shall be served by delivering a copy thereof to

the defaulter, or to some adult male member of his family at his
usual place of residence or to his authorised agent, if any, or by
affixing a copy thereof on some conspicuous part of his last known
residence or on some conspicuous part of the land about to be
attached.

205. Procedure when defaulter neglects to pay :-

When the amount due is not paid in accordance with the terms of
the demand, and no arrangement for securing the payment thereof
is made to the satisfaction of the Sub-Collector or other officer
empowered by him in this behalf, he shall proceed to recover the
same by attachment and sale of the defaulters land in the manner
hereinafter provided.
206. Mode of attachment :-

(1) The attachment shall be effected by affixing notice thereof, to

some conspicuous part of the land which shall set forth that unless
the arrear with interest and expenses be paid within the date
therein mentioned the land shall be brought to sale in due course
of law.

(2) The attachment shall be notitied by public proclamation by beat

of drum in the village, by publication of notice in the District
Gazette and by affixing a copy of the proclamation in the village
panchayat where the land is situated and at any other conspicuous
place in the village.

207. Effect of existing arrangement between landlord and

tenants :-

A l l arrangements entered into between the landlord and his

tenants, except such as are hereinafter mentioned, shall be binding
upon the Sub-Collector, while attachment subsists, but all the such
arrangements made collusively with a view to defeat or delay the
effect of the attachment, all leases of land at a rate lower than the
normal rate of rent and note made bona fide for the purpose of
erecting factories or buildings, or of bringing vaste land into
cultivation, and all arrangements made subsequent to attachment,
shall be null and void against the Sub-Collector, if he so declares,
subject, however to the right of the parties to any such
arrangement or lease to bring a suit against the Sub-Collector in a
civil Court to establish the same and all charges or encumbrances
upon such land shall be postponed to the payment of the land
revenue.
208. Release from attachment by persons interested :-

Any person claiming an interest in land, which has been, or is about

t o be attached, may obtain its release by paying the arrears,
interest and costs incurred and all such sums, if paid by a tenant,
may be deducted from any rent then or thereafter due by him to
t h e defaulter and it paid by a bona fide mortgagee or other
encumbrance upon the land or by any person not in possession
thereof but bona fide claiming an interest therein adverse to the
defaulter, shall be a charge upon the land but shall take priority
over other charges according to the date of payment and such sum
when paid by a bona fide mortgagee or other encumbrancee shall
also constitute a debt due from the defaulter.
209. Payment by tenants :-

All payments on account of rents or profits actually due, made

before attachment to the owner of the land or his nominee by any
person holding under him, shall be valid against the Sub-Collector;
but all such payments made after attachment or before they are
actually due shall be null and void against the Sub-Collector, who
shall be entitled to recover, as arrears of land revenue, such
amount from the parties by whom it was paid, leaving them to sue
the defaulter in a civil Court.
210. Recovery of arrears of rent due to defaulter on day of
sale :-

Arrears of rent which on the day of sale may be due to the

defaulter from his tenants shall, in the event of the sale, be
recoverable by him after sale by any process which might have
been used by him for that purpose before the said sale.
211. Sale of land for arrears :-

The Sub-Collector or other Officer empowered by him in this behalf

may sell the whole or any portion of the land of a defaulter as may
be sufficient to discharge the arrears with interest and expenses of
attachment, management and sale, in discharge of arrears of land
revenue;
212. Procedure in sale of immovable property :-

(1) The sale shall be by public auction to the highest bidder and
the time and place of sale be fixed by the Sub-Collector of the
Revenue Division in which the property is situate.

(2) The Sub-Collector or other officer empowered by him in this

behalf shall cause a proclamnation of the intended sale to be made
in the local language.

(3) The proclamation shall specify,--

(a) the name of the defaulter;

(b) the position and extent of land and of the buildings, if any,
thereon;

(c) the amount of Revenue assessed on the land;

(d) the proportion of the land revenue due during the remainder of
the current Fasli year;

(e) the time and place and the conditions sale.

(4) The proclamation shall be affixed at least one month before the
sale in the Sub-Collectors office, in the Mandal Revenue office, in
the concerned Gram Panchayat office and on some conspicuous part
of the land and published in the Village by beat of drum.

(5) All persons bidding at the sale shall be required to state

whether they are bidding on their own behalf or as agents, and in
the latter case, to deposit a written authority signed by the
principals and if such requisition is not complied with, their bids
shall be rejected.

(6) A sum of money equal to fifteen per cent of the price of the
land shall be deposited by the purchaser at the time of purchase
with the Sub-Collector or other person empowered by him in this
behalf and the balance of the purchase money shall be paid within
thirty days from the date of the sale.

(7) (a) Where the purchaser refuses or omits to deposit the sum of
money equal to fifteen per cent of the price of the land at the time
of purchase or fails to pay the remaining purchase money, the
property shall be resold at the risk and expense of such purchaser
and the amount of all loss or expense which may attend such
refusal or omission shall be recoverable from such purchaser as
arrears of land revenue.

(b) Where the land on the second sale fetches higher price than at
the first sale the difference shall go to the credit of the person on
whose account the first sale was made.

(c) Where the purchaser deposits fifteen per cent of the sale price
but fails to pay the remaining purchase money within thirty days,
the amount so deposited shall be liable to forfeiture.

(8) Every resale shall be made after the issue of fresh proclamation
in the manner and for the period fixed for the sale.

213. Purchase by Government :-

The provisions of sub-sections (6) and (7) of the Section 212 shall
not apply to cases where immovable property sold under this
chapter is purchased by the Government.
214. Stoppage of sale on payment before the lot is knocked
down :-

I f, before the lot is knocked down, the defaulter or any person

acting on his behalf tenders to the officer conducting the sale, the
arrears of land revenue with interest thereon, and the charges
which have been incurred in demanding the arrears or in attaching
or in taking any steps necessary for the sale or in management of
the property, the sale shall be stopped.
215. Application to set aside sale on deposit :-

(1) Any person owning or claiming an interest in immovable

property sold under this chapter may, at any time within thirty
days from the date of sale apply to the Sub-Collector to set aside
the sale after depositing in the treasury of the Mandal in which the
immovable property is situate.

(a) a sum equal to five per cent of the purchase money; and

(b) a sum equal to the arrears of Land Revenue for which the
immovable property was sold together with interest thereon and
the expenses of attachment, management and sale and other costs
due in respect of such arrears.

(2) On such deposit and application being made, the Sub-Collector

shall pass an order setting aside the sale, and shall repay to the
purchaser the purchase money so far as it has been deposited
together with the five per cent of the purchase money deposited by
the applicant:

Provided that if more persons than one have deposited and applied
under this section the application of the first depositor shall be
accepted.

(3) If a person has applied under Section 216 to set aside the sale
of immovable property he shall not, unless he withdraws such
application, be entitled to make an application under this section.
216. Application to set aside sale on the ground of material
irregularity etc. :-

(1) At any time within thirty days from the date of sale of
immovable property, an application may be made to the Sub-
Collector to set aside the sale, on the ground of material
irregularity, of mistake, or fraud, in publishing or conducting it, but,
except as otherwise hereinafter provided, no sale shall be set aside
on the ground of any such irregularity or mistake or fraud unless
the applicant proves to the satisfaction of the Sub-Collector that he
has sustained substantial injury by reason thereof.

(2) If the application is allowed the Sub-Collector shall set aside the
sale and may direct a fresh sale.

217. Confirmation or suo motu setting aside sale :-

(1) On the expiration of thirty days from the date of sale, if no

application to have the sale set aside is made under Section 215 or
216, or if such application has been made and rejected, the Sub-
Collector shall make an order confirming the sale;

Provided that, if he has reason to think that the sale ought to be

set aside notwithstanding that no such application has been made
or on grounds other than those alleged in any application which has
been made and rejected, he may, after recording his reasons in
writing set aside the sale.

(2) Whenever the sale of any land is not so confirmed or is set

aside, the deposit or the purchase money, as the case may be,
shall be returned to the purchaser.

218. On confirmation of sale, purchasers name to be

registered :-
(1) After confirmation of any such sale the Sub-Collector shall
register the lands in the name of the purchaser and shall execute
and grant a certificate of sale to such purchaser under his signature
and office seal.

(2) Such certificate shall state the property sold and the name of
the purchaser and it shall be conclusive evidence of the purchase
where it may be necessary to prove the same and no proof of Sub-
Collectors signature and seal shall be necessary unless the authority
before whom it is produced shall have reason to doubt its
genuineness.

219. Delivery of possession :-

Where any purchaser of land is resisted and prevented form

obtaining possession of the land purchased by him, the Sub-
Collector shall, on application and production of the certificate of
sale granted under Section 218, put the purchaser in possession
thereof.
220. Contracts and payments binding on purchaser :-

All contracts entered into by the defaulter with his tenants and all
payments made by them to him shall be binding on the purchaser
t o the extent and under the conditions laid down in Sections 207
and 203.
221. Sale free from encumbrance and payment of surplus to
the defaulter :-

(1) Every sale of land on account of arrears of land revenue due in

respect thereof, made under this chapter shall be free from all
encumbrances and shall convey to the purchaser such right, title
and interest in the land as the defaulter had therein.

(2) If any balance remains after liquidating the arrears with interest
and expenses of attachment and sale and other costs due in
respect of such arrears, it shall be paid over, to the defaulter.
222. Sale of part of a land :-

Where only a part of a land of the defaulter is sold, the Sub-

Collector shall have the land sub-divided and land revenue
apportioned.
223. Postponement of sale on tender of security :-

When a defaulter tenders security, the Sub-Collector or other

officer empowered by him in this behalf may accept it, and
postpone the sale of the defaulters land upon such conditions and
until such time as he deems fit and in the event of default in the
fulfilment of such conditions, he may sell the land and proceed
against the defaulter or his surety or both.
224. Mode of enforcing payment by sureties :-

Remedies provided for in this part for recovery of land revenue may
b e employed against the sureties and the Sub-Collector or other
officer empowered by him in this behalf, may enforce the same
simultaneously with, or either previously or subsequently to their
enforcement against the principal, so nevertheless that no more
than the total sum in arrears and interest with costs and charges
shall be realised from both.
225. Power to add legal representative :-

Where a defaulter or his surety against whom proceedings are

started under this part for recovery of arrears of land revenue, dies
during the pendency of the proceedings, the Sub-Collector shall
stop further proceedings and shall cause the legal representative of
the deceased defaulter or the surety, as the case may be, to be
brought on record after giving an opportunity to the legal
representative to be heard and shall, thereafter continue the
further proceedings from the stage where they were stopped.
226. Minors property not to be sold :-

Notwithstanding anything in this part, no land, which is the

property of a minor, shall during his minority, be sold for arrears of
land revenue which accrued due,--
(a) in the case of a joint family property, after the partition of such
property and allotment of his share therein and
(b) in the case of any other property, after he becomes the owner
of such property.

227. Special provisions for persons in military service :-

(1) Every owner of land who is a member of the armed forces of

India may intimate to the Sub-Collector the particulars of the land,
the rank which he holds and the designation of the corps to which
he is attached and the Sub-Collector shall, on receipt of such
information, enter or cause to be entered in the public register and
accounts relating to the land and its assessment the particulars so
intimated.

(2) Notwithstanding anything in this part where the land or portion

thereof belonging to a member of the armed forces, who has given
intimation under sub-section (1), becomes liable for sale for the
recovery of arrears of land revenue, the Sub-Collector shall address
and official letter to the commanding officer of the corps in the
prescribed manner, and shall enclose thereof a written notice
signed and sealed by himself specifying the amount of the arrears
and the date on which it became due and requiring that it be paid
to the treasury of the Collectorate within such period as on
consideration of the distance, on which the corps may be stationed,
and other circumstances of the case, may appear to be proper and
reasonable.

(3) The commanding officer of the corps to whom the letter is

addressed under sub-section (2) shall acknowledge the receipt
thereof and shall also intimate to the Sub-Collector the date on
which notice is communicated to such member of the armed forces
or the circumstances which have rendered it impracticable to make
such communication.

(4) If such member of the armed forces fails to discharge the

arrears within the time specified in the notice the Sub-Collector
shall report the circumstances of the case to the Chief
Commissioner of the Land Administration, through the Collector of
his district, transmitting at the same time a copy of the notice and
of his correspondence with the commanding officer and shall,
thereafter, act in accordance with the directions received from the
Chief Commissioner of Land Administration in regard to the
recovery of arrears of land revenue.

228. Recovery of sums due to certain banks and other

public bodies as arrears of Land Revenue :-

(1) Without prejudice to any other made of recovery which is being

taken or may be taken, all loans granted and all advances made to
any person,--

(i) by any bank to which the re-payment of the said loans and
advances is guaranteed by the State Government or;

(ii) by such Corporation established by or under a Central or State

Act, or Government Company as defined in Section 617 of the
Companies Act, 1956, or such other public body as may be notified
in this behalf by the State Government in the Andhra Pradesh
Gazette;

(iii) by any Bank under any welfare scheme or programme, such as

Prime Ministers Rozgar Yojana and the like, sponsored by the State
or Central Government as may be notified therein in this behalf by
the State Government in the Andhra Pradesh Gazette;

together with interest on such loans and advances and all sums,
such as rents, margin money and the like, due to the bodies
mentioned aforesaid may be recovered in the same manner as
arrears of land revenue under the provisions of this Act;

Provided that the State Government may, by notification in Ahdhra

Pradesh Gazette, specify the loans and advances together with
interest thereon, and other sum due to the bodies mentioned in
item (ii) and item (iii) above which may be recoverable under the
provisions of this section.

Explanation In this sub-section bank means any banking company

as defined in Clause (c) of Section 5 of the Banking Regulation Act,
1949, and includes--

(a) the Reserve Bank of India constituted under the Reserve Bank
of India Act, 1934;

(b) the State Bank of India constituted under the State Bank of
India Act, 1955 (Central Act 23 of 1955).

(c) any subsidiary bank as defined in the State Bank of India

(Subsidiary Banks) Act, 1959 (Central Act 38 of 1959).

(d) any corresponding new bank constituted under Section 3 of the

Banking Companies (Acquisition and Transfer of Undertaking) Act,
1970 (Central Act 5 of 1970).

(e) any corresponding new Bank constituted under the Banking

Companies (Acquisition and Transfer of Undertakings) Act, 1980
(Central Act 4 of 1980), or which may be constituted by a similar
acquisitions and transfer of undertaking of a banking company from
time to time.

(2) Out of the proceeds of the dues pertaining to the bodies

mentioned in item (ii) and item (iii) of sub-section (1) so recovered
ten per cent thereof shall be deducted towards the collection
charges and the balance shall be paid by the collection charges and
the balance shall be paid by the Collector or other officer
empowered by the Collector in that behalf, to the respective
bodies.

229. Recovery of dues from persons from whom money is

due to the defaulter :-
(1) The Sub-Collector or other person empowered by the
Government in this behalf may, at any time or from time to time,
by notice in writing, a copy of which shall be forwarded to the
defaulter at his last known address, require any person, from whom
any money is shown to be due or likely to become due to the
defaulter, or who is shown to hold or is likely to hold any money for
or on account of the defaulter, to pay to the Sub-Collector so much
of such money as is sufficient to pay the amount due by the
defaulter or where such money is less than the amount due by the
defaulter, the whole of it, within such time as may be specified in
such notice, but not before it becomes due or he comes to hold it
and such person shall be bound to comply with the same and the
payment so made shall be deemed to have been made under the
authority of the defaulter, which shall discharge such person of his
liability to the defaulter to the extent of such payment.

(2) The Sub-Collector or other officer may, at any time or from time
to time, amend or revoke any such notice or extend the time for
making payment specified in the notice.

(3) Where any person on whom a notice under sub-section (1) is

served files written objections to such payment on the ground that
he does not owe or is not likely to owe any money to or does not
hold or is not likely to hold any money for and on account of the
defaulter the Sub-Collector shall hold such enquiry and pass such
orders thereon as he deems fit and such person shall comply with
it.

(4) Where such person falls to pay the amount specified in the
notice issued under sub-section (1) or in accordance with the order
passed under the preceding sub-section, as the case may be, the
Sub-Collector may recover the same from him as if it were an
arrear of land revenue due from him.

230. Process servers be paid batta :-

Persons employed in serving notices or other processes under this

part shall be entitled to batta at such rates as the Chief
Commissioner of Land Administration may, from time to time fix.
231. Interest and charges recoverable as arrears :-

The batta mentioned in Section 230 as well as interest and all costs
a n d charges incurred under the authority of this part shall be
recoverable from the defaulter and his sureties in the same manner
as arrears of the land revenue.
232. Procedure where defaulter or surety holds property
out of the district :-

(1) Where a defaulter or his surety holds property out of the district
in which default is made, the Collector in whose jurisdiction such
defaulter or surety holds property shall, on the written application
of the Collector in whose jurisdiction such default is made on a
reference, made by the Sub-Collector, proceed against the property
of the defaulter and his surety in the same manner as if the default
was made within his jurisdiction.

(2) Every such application shall be signed and sealed by the

Collector making it and shall be conclusive as to the amount due
and the party in arrear in all proceedings against the Collector
acting upon such application or any person acting under his
authority and no proof of the signature or seal or official character
of the Collector making the application shall be required unless the
Court sees reason to doubt its genuineness;

Provided that nothing herein shall affect the Tight of any party to
sue in his own district the Collector who made the application.

(3) The Collector may delegate all or any of his powers and duties
under this section to any Subordinate Revenue Officer not below
the rank of a Sub-Collector.

233. Cognizance of question relating to rate of Revenue :-

No civil Court shall take cognizance of any dispute as to the rate of

land revenue or as to the amount of assessment fixed on the
portions of sub-divided survey number.
234. Suits by persons aggrieved by proceedings :-

Nothing in this part shall prevent except as herein before provided,

a n y person from instituting a suit in a civil Court against any
proceedings under this part:
Provided that no civil Court shall take cognizance of any such suit
unless it is filed within six months from the date on which the cause
of action arose for such suit.
CHAPTER 42 APPOINTMENT OF RECEIVER
235. Appointment of Receivers :-

(1) Where immovable property is attached, the Sub-Collector may,

instead of selling the property, appoint a receiver for its
management:

Provided that the Sub-Collector may, if he thinks it desirable so to

do, discharge the receiver at any time and sell the property.

(2) The Sub-Collector may, by an order, fix the amount to be paid

to the receiver as his remuneration for management of such
property.

236. Powers of Receiver :-

(1) The receiver appointed under Section 235 shall exercise such
powers as the Sub-Collector may confer on him, for the proper
management of the property and realisation of the rents and profits
thereof.

(2) The rents and profits of such property, shall, after defraying the
expenses of management including the remuneration of the
receiver be adjusted towards the discharge of the arrears of land
revenue, and the balance, if any shall be paid to the defaulter.
237. Discharge of Receiver and release of property from
attachment :-

(1) As soon as the arrears of land revenue are paid by the

collection of rents and profits by the receiver or otherwise, the
property shall be released from attachment and the receiver shall
be discharged after he has rendered proper accounts to the Sub-
Collector.

(2) Any amount which the Sub-Collector may find to be due from
the receiver may be recovered from him as an arrear of land
revenue.

CHAPTER 43 ARREST AND DETENTION OFDEFAULTER OR HIS

SURETY
238. Power of arrest in case of wilful or fraudulent non-
payment of arrears :-

When arrears of land revenue, with interest and other charges

cannot be liquidated by the sale of the property of the defaulter, or
his surety, and the Sub-Collector has reason to believe that the
defaulter or his surety is wilfully withholding payment of arrears, or
has been guilty of fraudulent conduct in order to evade payment, it
shall be lawful for him to cause the arrest and detention of the
defaulter, or his surety not being a female, as hereinafter
mentioned, but no person shall be detained on account of arrears of
land revenue for a longer period than three months, if the arrear
does not exceed Rs. 1,000/-, provided that such detention shall not
extinguish the debt due to the Government by the defaulter or his
surety.
239. Procedure in case of arrest :-

(1) The Sub-Collector shall issue the warrant for the arrest of the
defaulter, or his surety, or both, not being females, which shall
specify his or their names, the amount of land revenue due and the
date on which it became payable and the warrant shall be signed
and sealed by the authority by whom it is issued.
(2) The officer charged with the execution of the warrant shall
thereupon arrest the defaulter, or his surety, or both and convey
him or them to the district Jail and deliver the warrant to the Jailer,
which shall be a sufficient authority to him to receive the prisoner
or prisoners.

(3) A copy of such warrant shall be retained by the jailer, who shall
forthwith dispatch the original to the officer in-charge of the jail.

PART 17 MISCELLANEOUS
CHAPTER 44 APPEALS AND REVISION
240. Appeals :-

(1) Any person, aggrieved by any order of the Mandal Revenue

Officer under any provision of this Code, may, within sixty days
from the date of service or knowledge, as the case may be, of the
order, prefer an appeal against the said order to the Sub-Collector
of the Revenue Division.

(2) Any person, aggrieved by any order of the Sub-Collector under

any provision of this Code, may, within sixty days from the date of
service or knowledge, as the case may be, of the order prefer an
appeal against the said order to the Collector.

(3) Any person, aggrieved by any order of the Survey Officer under
Part IV of this Code, may, within sixty days from the date of service
or knowledge, as the case may be, of the order, prefer an appeal
against the said order to the Collector of the district.

Provided that no appeal shall be admitted against the order of the

Survey Officer under Section 21 or 22 of this Code after a
notification of completion of demarcation is issued under Section 24
thereof.

(4) Any person, aggrieved by any order of the Irrigation Officer

under Part V of this Code, may, within sixty days from the date of
service or knowledge, as the case may be, of the order, prefer an
appeal against the said order to the Collector, whose order shall be
final.

(5) Any person, aggrieved by any order of the Collector under any
provision of this Code, may, within sixty days from the date of
service or knowledge, as the case may be, of the said order, prefer
an appeal against the said order to the Chief Commissioner of Land
Administration, whose order shall be final.

(6) Any person, aggrieved by any order of the Junior Civil Judge
under Part XI or Part XIV of this Code, may within sixty days from
the date of service or knowledge, as the case may be, of the order,
prefer an appeal against the said order to the District Judge of the
district.

(7) Any person, aggrieved by any order of a Local Officer under

Part XV of this Code, may, within thirty days from the date of
service or knowledge, as the case may be, of the order, prefer an
appeal against the said order, to the District Judge of the district.

(8) Any person, aggrieved by any order of the Tribunal or Revenue

Divisional Officer under Part XIII of this Code, may, within thirty
days from the date of service or knowledge, as the case may be, of
the said order, prefer an appeal against the said order to the
Appellate Tribunal, whose order shall be final.

(9) Any person, aggrieved by any Judgment or order of a special

Tribunal under Part VII of this Code may, within sixty days from
the date of service or knowledge, as the case may be, of the said
judgment or order, prefer an appeal against it, on any question of
fact or law, to the special Court, whose decision shall be final.

(10) Where a copy of the order against which an appeal lies is not
served on the appellant, the time taken for obtaining a copy
thereof shall be excluded in computing the period allowed for filing
an appeal.

(11) The appellate officer or appellate authority, as the case may

be, may admit an appeal even after the expiry of the period
prescribed for filing an appeal if such officer or authority is satisfied
that the appellant had sufficient cause for not preferring the appeal
within that period.

(12) A copy of any order of the appellate officer or appellate

authority shall be furnished to any person interested in such order,
on his application and at his cost.

(13) There shall be no further appeal against any judgment or

order passed by any Court, authority or officer, in appeal.

(14) Subject to any order that may be passed in revision, the order
of the appellate officer or the appellate authority shall be final.

241. Revision :-

(1) Any person, aggrieved by any order of the Appellate Tribunal

under Part XIII of this Code, passed in appeal, may prefer a
revision against it to the High Court on any of the following
grounds, namely

(a) that it exercised a jurisdiction not vested in it by law; or

(b) that it failed to exercise a jurisdiction so vested; or

(c) that it acted in the exercise of its Jurisdiction illegally or with

material Irregularity.

(2) The Government may, in a case where an appeal lies to the

Chief Commissioner of Land Administration and he has disposed of
the matter; or, in a case where an appeal is provided to the Chief
Commissioner of Land Administration; but no appeal is preferred,
or, in the case of abuse of powers or gross irregularities by the
revenue officers, at any time, either suo motu, or on an application
made in such manner as may be prescribed call for the record of
any order passed or any proceedings pending or disposed of before
any authority or officer under this Code, other than the Special
Tribunal or the Special Court under Part VII and the Appellate
Tribunal under Part XIII of this Code, to satisfy themselves as to
the legality, or propriety of such order or regularity of such
proceeding and may pass such order thereon, as they may deem
fit.

(3) The Chief Commissioner of Land Administration may, at any

time, suo motu, or on an application made in such manner as may
be prescribed, call for the record of any order passed or any
proceedings pending or disposed of before any officer or other
authority, under this Code, other than the Special Tribunal or
Special Court under Part VII and the Appellate Tribunal under Part
XIII of this Code, to satisfy himself as to the legality or propriety of
such order or regularity of such proceedings and may pass such
order thereon as he deems fit.

(4) The Collector may, at any time, suo motu, or on an application

made in such manner as may be prescribed, call for the records of
any order passed or any proceedings pending or disposed of before
any Mandal Revenue Officer or Sub-Collector or Survey Officer or
Irrigation Officer in his district to satisfy himself as to the legality or
propriety of such order or regularity of such proceedings and may
pass such order thereon as he deems fit.

Provided that no order shall be passed in revision without giving an

opportunity of being heard, to the parties likely to be affected:

Provided further that where a revision petition lies before both the
Collector and the Chief Commissioner of Land Administration or the
Government, the aggrieved person shall be entitled to file it before
one of them only.
242. Power of control and superintendence :-

(1) The Government shall exercise control and superintendence

over the Revenue Officers and other authorities, entrusted with the
duty of implementation of the provisions of this Code, and may,
from time to time, pass such orders or make such directions as it
thinks fit, for promoting efficiency and excellence in Revenue
Administration, so however, that it shall not pass any order or
make any direction detrimental to the interests of any person,
without giving him an opportunity of being heard.

(2) Subject to the general control of the Government, the Chief

Commissioner of Land Administration shall exercise control and
superintendence over the other Revenue Officers and authorities
subordinate to him entrusted with the duty of Implementation of
the provisions of this Code, and may, from time to time, pass such
orders or make such directions as he thinks fit, for promoting
efficiency and excellence in Revenue Administration, so however,
that he shall not pass any order or make any direction detrimental
to the interests of any person, without giving him an opportunity of
being heard.

243. Issue of certified copies of documents :-

Where a person interested in the subject mater applies in the

prescribed manner, for issue of a certified copy of a document of
the revenue administration, the officer or the authority having
control over such documents, may, unless prohibited by rules made
hereunder, issue copies of the documents applied for as per the
procedure prescribed in his regard.
CHAPTER 45 ISSUE OF SUMMONS,EXAMINATION OF WITNESSES
AND PRODUCTION OF DOCUMENTS
244. Power to issue summons :-

(1) The Government, any authority, any officer or any person shall,
while holding any investigation, inquiry, proceeding or trial, or
hearing any appeal, under any provision of this Code, have the
same powers as are vested in a civil Court under the Code of Civil
Procedure, 1908 Central Act 5 of 1908, while trying a suit in
respect of the following matters, namely

(a) summoning and enforcing the attendance of any person or

witness and examining him on oath;

(b) requiring the discovery and production of any document or

other article in the possession or under the control of any person;

(c) summoning of any document or a copy or an extract thereof

from any Court, office or other authority;

(d) receiving of evidence on affidavits;

(e) issuing of any commission for the examination of any witness or

for any other purpose;

(f) any other matter which may be prescribed.

(2) Where any commission is issued under clause (e) of sub-section

(1), the Commissioner may exercise such of the powers
enumerated in clauses (a) to (d) and (f) of sub-section (1) as may
be necessary for the execution of the commission.

245. Terms of summons :-

(1) The summons shall be in writing and authenticated by the

signature and seal of the officer or authority by whom it is issued.

(2) It shall require the person summoned to appear, before the

said officer or authority at the stated time and place and shall
specify whether his attendance is required for the purpose of giving
evidence or to produce a document or other article or for both
purposes and any particular document or other article, the
production of which is required shall be described in the summons
with certainty.

246. Service of summons :-

The summons shall be served personally on the person summoned,

or, If he is not found, it may be left for him with an adult male
member of his family residing with him, or by affixing it on the
outer door or other conspicuous part of the premises in which he is
known to have last resided or carried on business or personally
worked for gain.
247. Person summoned to produce may send with third
party :-

A n y person may be summoned to produce a document or other

article without being summoned to give evidence and any person
summoned merely to produce a document or other article shall be
deemed to have compiled with the summons if he causes such
document or other article to be produced, instead of attending
personally to produce the same.
248. When personal attendance of witnesses dispensed
with :-

When the person whose evidence may be required is unable, from

sickness or infirmity or any other sufficient reason, to attend before
the officer or authority issuing the summons, or is a woman who
according to the customs and manners of the community ought not
t o be compelled to appear in public or is exempted from personal
appearance under Section 133 of the Code of Civil Procedure,
1908; Central Act V of 1908 the officer or authority issuing the
summons may of his or its own motion or on the application of the
party who desires the evidence of such person order him or her to
be examined on commission.
249. Examination of witnesses :-

(1) Any officer or authority making an enquiry under this Code may
examine orally any person acquainted with the matter under
enquiry on any fact relevant thereto and may reduce into writing
any statement made by the person so examined.

(2) Such person shall be bound to answer truly all questions

relating to such matter put to him by such officer or authority,
other than questions the answers to which may have a tendency to
expose him to a criminal charge or to a penalty or forfeiture.

250. Correction of clerical errors :-

Clerical and arithmetical mistakes in any order/proceedings passed

by any officer under this Code or error arising therein from any
accidental slip or omission may at any time be corrected by such
officer or authority either on his own motion or on application
received in this behalf from any of the interested persons.
CHAPTER 46 BAR OF LEGAL PROCEEDINGS AND PENALTIES
251. No suit etc., for acts done under this Code :-

(1) Except as otherwise provided in this Code no civil Court shall

entertain any suit, application or other proceedings for the issue of
an injunction to restrain the Government, any authority, officer or
person from exercising any of the powers conferred on it or him by
or under this Code or to restrain it or him from initiating or
proceeding with any proceedings under any provision of this Code.

(2) No civil Court shall entertain any suit, application or other

proceedings in respect of any dispute or matter of which any
remedy is available by or under the provisions of this Code unless
such remedy is fully exhausted.

(3) Where any order or decision is declared by this Code to be final,

no civil Court shall, except as otherwise provided in this Code,
entertain a suit, application or other proceedings in respect of any
dispute or matter in respect of which such order or decision has
been made.

(4) Where a person is entitled to file a suit, by or under any

provision of this Code, in respect of any dispute or matter decided
by and under the provisions of this Code, he shall not implead the
Government, any authority or officer in such suit, unless any
interest or land of the Government is involved or it be necessary to
obtain an executable decree or order therein, and any suit filed in
contravention of this section shall not be maintainable.

252. Protection of action taken in good faith :-

No suit, prosecution or other legal proceedings shall lie against the

Government or any authority, officer or person for anything which
i s in good faith done or intended to be done in pursuance of this
Code or the rules made thereunder.
253. Officers to be Public Servants :-

Every Officer acting under or in pursuance of the provisions of this

Code or under the rules made thereunder shall be deemed to be a
public servant within the meaning of Section 21 of the Indian Penal
Code.
254. Prohibition of unauthorised alterations in the records
:-

(1) Save as otherwise provided in this Code, any alterations,

interpolations or tampering of an entry in the official records,
without specific orders in writing from the competent authority, is
prohibited.

(2) Whoever contravenes the provisions of sub-section (1) shall be

punishable with imprisonment for a term which may extend upto
three years or with fine which may extend upto five thousand
rupees or with both.

255. Punishment for neglect of duties :-

Whoever being a public servant willfully neglects his duties required

to be performed by him under this Code, or in accordance with the
rules made thereunder, shall be punishable with imprisonment for a
t erm which may extend to three years or with fine which may
extend to rupees five thousand or with both.
256. Cognizance of offences :-

No Court shall take cognizance of any offence punishable under this

Code except upon a complaint in writing made by the competent
authority or any officer authorised by the competent authority as
may be prescribed in this behalf and no Court inferior to that of a
Metropolitan Magistrate or a Judicial Magistrate of the 1st Class
shall try any such offence.
CHAPTER 47 POWER TO MAKE RULES
257. Power to make rules :-

(1) The Government may, by notification, make rules for carrying

out all or any of the purposes of this Code.

(2) Every rule made under this Code shall, immediately after it is
made, be laid before Legislative Assembly of the State if it is in
session and if it is not in session, in the session immediately
following, for a total period of fourteen days which may be
comprised in one session or in two successive sessions, and if,
before the expiration of the session in which it is so laid or the
session immediately following the Legislative Assembly agrees in
making any modification in the rule or in the annulment of the rule,
the rule shall, from the date on which the modification or
annulment is notified, have effect only in such modified form or
shall stand annulled, as the case may be, so however, that any
such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

(3) The existing rules under relevant statutes, repealed under this
Code, shall, till rules are made under sub-section (1), be deemed,
except to the extent they are repugnant to any provisions of this
Code, to have been made under sub-section (1).

258. Power to remove difficulties :-

(1) If any difficulty arises in giving effect to any provision of this

Code, the Government may, by notification, make such provisions
not inconsistent with the provisions of this Code, as-appear to them
to be necessary or expedient for the purpose of removing the
difficulty;

Provided that no such notification shall be issued under this section

after the expiry of two years from the date of commencement of
this Code.

(2) Every notification issued under this section shall be laid before
the Legislative Assembly of the State and the provisions of sub-
section (2) of Section 257 shall apply in respect of such notification
as it applied in respect of a rule made under this Code.

CHAPTER 48 REPEALS AND SAVINGS

259. Repeals and Savings :-

(1) The enactments specified in the third Schedule are hereby

repealed.
Provided, however, that such repeal shall take effect only from the
date or dates that may be appointed by the Government, by
notification for bringing the relevant provisions of this Code into
force corresponding to each of such enactments except those
enactments for which no corresponding provisions are made in this
Code.

(2) Notwithstanding such repeals;--

(i) the existing districts, Revenue Divisions, Mandals and villages

formed with their present boundaries and names;

(ii) the appointment of Commissioners, Collectors, Joint Collectors,

Sub-Collectors, Deputy Collectors and Mandal Revenue Officers and
other authorities made and the powers exercised and functions
performed by them;
(iii) survey of lands made, boundaries of lands determined and
records and maps thereof prepared;

(iv) the right of ownership of the Government to irrigation and

drainage works declared, its powers in respect thereto specified,
the right of the ayacutdars to supply of water from irrigation works
to the lands in the ayacuts of such irrigation works declared and
waters courses and drainage works constructed and maintained;

(v) the lands declared as Government lands, eviction of encroaches

there from recovery of assessment, rent, fee and penalty mesne
profits from them provided for;

(vi) land grabbing prohibited and civil and criminal liabilities of land
grabbers specified;

(vii) assignment and alienation of Government lands provided for;

(viii) Record of Rights in lands prepared and maintained and

pattadar pass books and tide deeds issued to landholders and
maintained by them;

(ix) splitting of Joint pattas provided for;

(x) provisions made for prevention of fragmentation and

preparation of schemes for consolidation of holdings;

(xi) the right of the Government to levy and collect land revenue,
water tax and other cess, if any, declared; and related matters
provided for;

(xii) determination of ceiling area made, surrender of excess land

ordered and possession taken, vesting of such land in the
Government declared, disposal of such land, payment of amount to
the owner thereof, and other maters provided for;
(xiii) relief to agricultural labourers rural artisans and small farmers
provided for;

(xiv) right of ownership of the Government to escheat and bona

vacantia declared provision made for their possession and disposal
and related maters;

(xv) machinery provided for the recovery of arrears of land

revenue; (xvi) certain powers of civil Courts vested in and exercised
by different officers and authorities of Revenue Department and
restriction imposed on the institution of suits in respect of matters
covered; by or under the concerned enactments repealed under
sub-section (1) shall be deemed to have been formed, made,
exercised, performed, determined, prepared, suffered, constituted,
appointed declared, prohibited, maintained, undertaken,
implemented, ordered, taken, created, continued, protected, made
available, recovered and framed under the relevant provisions of
this Code and shall be and shall always be deemed to have been
valid and enforceable.

(3) Notwithstanding the repeal of the enactments specified in the

Third Schedule, all rights, privileges and status, created, declared
or recognised; all rights, privileges and status abolished, denied or
negatived; all rights accrued, all obligations incurred and liabilities
suffered, transfer and merger of areas effected, abolitions made, all
actions taken, change in the state of things effected all fines,
penalties, forfeitures or punishments incurred or undergone; and all
things done or suffered under the said enactments are declared to
be and shall always be deemed to have been valid and enforceable.

(4) The repeal of the enactments specified in the Schedule shall not
revive any thing not in force or existing at the time of their repeal.

(5) Any suit or other proceedings commenced and pending at the

commencement of this Code, under any of the enactments repealed
under sub-section (1) before any Court, officer or other authority
shall be disposed of in accordance with the provisions of such
repealed enactment as if it continues to be in force and has not
been repealed by and under this Code.

(6) Notwithstanding the repeal of,--

(i) (a) the Andhra Pradesh (Telangana Area) Abolition of Cash

Grants Act, 1959 (Act 14 of 1959), cash grants if any, payable on
the date of commencement of this Code, under sub-section (2) of
Section 3 thereof, in Telangana Area of the State, in the name, or
for the support of any religious or charitable institution or to any
person for the performance of any service or charity of a public
nature connected with any religious or charitable institution shall be
continued so long as such institution lasts.

(b) The Sub-Collector shall hold enquiries as to any right, title or

interest in such grants including claims to succession, in accordance
with the personal law applicable to the last holder.

(ii) the Andhra Pradesh (Andhra Area) Estates (Abolition and

Conversion into Ryotwari) Act, 1948 (Act 26 of 1948), annual
allowance, if any, payable on the commencement of this Code, to
any religious charitable or educational institution, in Andhra Area of
the State, under Section 38 thereof shall be continued so long as
such institution lasts.

(iii) the Andhra Pradesh (Andhra Area) Inams (Abolition and

Conversion into Ryotwari) Act, 1956 (Act 21 of 1956), any tenant
who had right of permanent occupancy, if any, on the date of
commencement of this Code, in relation to any inam land in the
Andhra area of the State under Section 8 or Section 10-A thereof,
and such tenant or his heir is in possession of the same on such
date, shall continue to have such right subject to such conditions
and restrictions as are mentioned therein, and shall be liable for
eviction on contravention of any such condition or restriction, on a
petition made therefor before the Sub-Collector.
(7) All the Boards Standing Orders which are in force and not
inconsistent with the provisions of this Code shall continue to be in
force till such time they are replaced by rules made under, this
Code.

(8) Upon such repeal, the provisions of Sections 8, 8-A and 18 of

the Andhra Pradesh General Clauses Act, 1891 (Act 1 of 1891) shall
apply.

260. Code to over ride other laws :-

The provisions of this Code shall have effect notwithstanding

anything in any other law or custom or usage or in any contract,
express or implied, or in a decree or order of a Court or other
authority inconsistent with the provisions of this Code.