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ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) AMENDMENT ACT, 1975

ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) AMENDMENT ACT, 1975

ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) AMENDMENT ACT, 1975

Preamble - ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) AMENDMENT ACT, 1975

THE ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) AMENDMENT ACT, 1975

[Act No. 20 of 1975]

[20th June, 1975]

PREAMBLE

An Act to amend the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956.

Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty-sixth Year of the Republic of India as follows:--

Section 1 - Short title

This Act may be called the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975.

Section 2 - Insertion of new section 2-A in Act XXXVII of 1956

After section 2 of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 (hereinafter referred to as the principal Act), the following section shall be inserted, namely:--

2-A. "Transfer to, and vesting in, the Government of all communal lands, porambokes etc., in inam lands.

Notwithstanding anything contained in this Act, all communal lands and porambokes, grazing lands, waste lands, forest lands, mines and quarries, tanks, tank-beds and irrigation works, streams and rivers, fisheries and ferries in the Inam lands shall stand transferred to the Government and vest in them free of all encumbrances.".

Section 3 - Insertion of new sections 10-A&10-B

After section 10 of the principal Act, the following sections shall be inserted, namely:--

10-A. "Application of the Act to inam lands in ryotwari or zamindari villages.

(1)     Notwithstanding anything contained in this Act, where the Revenue Court either suomotu or on an application made to it within a period of six months from the date of commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975. is satisfied, after making an enquiry, that a tenant of any inam land in a ryotwari or Zamindari village has possessed the right of permanent occupancy in that land by virtue of any custom or usage having the force of law or any judgment, decree or order of a competent court, it may make a declaration to that effect and on such declaration the provisions of this Act shall apply to such inam land as if such inam land is in an inam village:

Provided that where a ryotwaripatta has already been granted to the inamdar in respect of any inam land in any ryotwari or zamindari village prior to the commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975, any tenant of such land who, on the date of such grant, possessed the right of permanent occupancy in that land by virtue of any custom or usage having the force of law or any judgment, decree or order of a competent court, shall, notwithstanding such grant, continue to possess the said right.

(2)     Any person or institution aggrieved by an order of the Revenue Court under sub-section (1), may appeal to the Collector within sixty days from the date of communication of such order and the Collector may after giving the parties to the appeal a reasonable opportunity of being heard, pass such orders on the appeal as he thinks fit.

10-B. Conferment of ryotwaripattas on transferees of unenfranchisedinams.

Where, before the commencement of the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Amendment Act, 1975, an inamdar, other than an institution, of any unenfranchisedinam has sold or otherwise transferred his interest in the inam land held by him, the transferee, who has acquired the said interest in good faith and for valuable consideration, or his successor in title, who is in possession of such land on the date of such commencement, shall be deemed to be the inamdar for the purposes of this Act.".

Section 4 - Insertion of new section 14-A

After section 14 of the principal Act, the following section shall be inserted, namely:--

14-A.  "Revision.

(1)     Notwithstanding anything contained in this Act, the Board of Revenue may, at any time either suomotu or on application made to it, call for and examine the records relating to any proceeding taken by the Tahsildar, the Revenue Court or the Collector under this Act for the purpose of satisfying itself as to the regularity of such proceeding or the correctness, legality or propriety of any decision made or order passed therein; and if, in any case, it appears to the Board of Revenue that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, it may pass orders accordingly.

 

(2)     No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity of making his representation.".

Section 5 - Amendment of section 17

For sub-section (2) of section 17 of the principal Act, the following sub-section shall be substituted, namely:--

"(2) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature 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 both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall thereafter 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.".