ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977

Preamble - THE ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977

THE ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT, 1977

[Act No. 9 of 1977]

PREAMBLE

An Act to prohibit transfers of certain Lands assigned to landless poor persons in the State of Andhra Pradesh.

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

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

 

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

 

(3)     It shall be deemed to have come into force on the 21st January, 1977.

Section 2 - Definitions

In this Act, unless the context otherwise requires,

(1)     "assigned land" means lands assigned by the Government to the landless poor persons under the rules for the time being in force, subject to the condition of non-alienation and includes lands allotted or transferred to landless poor persons under the relevant law for the time being in force relating to land ceilings; and the word "assigned" shall be construed accordingly:

Explanation:-- A mortgage in favour of the following shall not be regarded as an alienation, namely:--

(i)       the Central Government, or the State Government or any local authority;

 

(ii)      any co-operative society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964; and

 

(iii)     any bank which includes,--

 

(iv)    the Agricultural Development Bank;

 

(v)       the Reserve Bank of India constituted under the Reserve Bank of India Act, 1934;

 

(vi)    the State Bank of India constituted under the State Bank of India Act, 1955;

 

(vii)   a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959: and

 

(viii)  a corresponding new bank constituted under Sec. 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970:

 

(2)     "government" means the State Government;

 

(3)     "landless poor person" means a person who owns an extent of land not more than 1.011715 hectares (two and half acres) of wet land or 2.023430 hectares (five acres) of dryland or such other extent of land as has been or may be specified by the Government in this behalf, from time to time and who has not other means of livelihood:

Explanation:-- For the purposes of computing the extent of land under this clause, 0.404686 hectares (one acre) of wet land shall be equal to 0.809372 hectares (two acres) of dry land:

(4)     "notification" means a notification published in the Andhra Pradesh Gazette and the word 'notified' shall be construed accordingly:

 

(5)     "prescribed" means prescribed by rules made by the Government under this Act:

 

(6)     "transfer" means any sale, gift, exchange, mortgage with or without possession, lease or any other transaction with assigned lands, not being a testamentary disposition and includes a charge on such property or a contract relating to assigned lands in respect of such sale, gift, exchange, mortgage, lease or other transaction.

Section 3 - Prohibition of transfer of assigned lands

(1)     Where before or after the commencement of this Act any land has been assigned by the Government to a landless poor person for purposes of cultivation or as a house-site then, notwithstanding anything to the contrary in any other law for the time being in force or in the deed to transfer or other document relating to such land, it shall not be transferred and shall be deemed never to have been transferred; and accordingly no right or title in such assigned land shall vest in any person acquiring the land by such transfer.

 

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

 

(3)     Any transfer or acquisition made in contravention of the provisions 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 or order of a civil court or of any award or order of any other authority.

 

(5)     Nothing in this section shall apply to an assigned land which was purchased by a landless poor person in good faith and for valuable consideration from the original assignee or his transferee prior to the commencement of this Act and which is in the possession of such person for purposes of cultivation or as a house-site on the date of such commencement.

Section 4 - Consequences of breach of provisions of Section 3

(1)     If in any case, the District Collector or any other officer not below the rank of Mandal Revenue Officer, authorised by him in this behalf, is satisfied that the provisions of sub-section (1) of Section 3, have been contravened in respect of any assigned land, he may, by order—

 

(a)      take possession of the assigned land, after evicting the person in possession in such manner as may be prescribed; and

 

(b)      restore the assigned land to the original assignee or his legal heir, or where it is not reasonably practicable to restore the land to such assignee or legal heir, resume the assigned land to Government for assignment of landless poor persons in accordance with the rules for the time being in force :

Provided that the assigned land shall not be so restored to the original assignee or his legal heir more than once, and in case the original assignee or his legal heir transfers the assigned land again after such restoration, it shall be resumed to the Government for assignment to any other landless poor person.

(2)     [1]"Any order passed in revision under Section 4-B and subject to such order, the decision in appeal under Section 4-A and subject to the said orders in revision and appeal, any order passed under sub-section(1)" shall be final and shall not be questioned in any court of law and no injunction shall be granted by any court in respect of any proceeding taken or about to be taken by any officer or authority or Government in pursuance of any power conferred by or under this Act.

 

(3)     For the purposes 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 3.

Section 4A - Appeal

(1)     [2][Any person aggrieved by an order passed by the Mandal Revenue Officer under sub-section (1) of Section 4, may within ninety days from the date of receipt by him of such order appeal to the Revenue Divisional Officer.

 

(2)     Any person aggrieved by an order passed by the Revenue Divisional Officer under sub-section (1) of Section 4 may, within ninety days from the date of receipt by him of such order appeal to the District Collector.

Section 4B - Revision

(1)     [3][The District Collector may in respect of any proceedings not being a proceeding covered by sub-section(2) of Section 4-A on an application made to him and the Government may in respect of any proceedings either suomotu or on an application made to them, call for and examine the record of any officer subordinate to him or them to satisfy himself or themselves as to the regularity of such proceeding or the correctness, legality or propriety of any decision or order taken or passed therein, and if in any case, it appears to the District Collector or as the case may be to the Government that any such decision or order should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly.

Provided that every application for the exercise of the powers under this section shall be preferred within ninety days from the date on which the proceeding decision or order to which the application relates was communicated to the applicant.

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

 

(3)     The District Collector or the Government as the case may be, may also suspended the execution of the decision or order pending exercise of their power under sub-section (1).

Section 5 - Prohibition of registration of assigned lands, Central Act 16 of 1908

Notwithstanding anything in the Registration Act, 1908 on or after the commencement of this Act, no registering officer shall accept for registration any document relating to the transfer of, or the creation of any interest in, any assigned land included in a list of assigned lands in the district which shall be prepared by the District Collector and furnished to the registering officer except after obtaining prior permission of the District Collector concerned for such registration.

Section 6 - Exemption

Nothing in this Act shall apply to the assigned lands held on mortgage by the State or Central Government, any local authority, a co-operative society, a scheduled bank or such other financial institution owned, controlled or managed by a State Government or the Central Government, as may be notified by the Government in this behalf.

Section 7 - Penalty

(1)     Whoever acquires any assigned land in contravention of the provisions of sub-section (2) of Section 3 shall be punished with imprisonment which may extend to six months or with fine which may extend to two thousand rupees or with both.

 

(2)     Whoever opposes or impedes the District Collector or any person authorised, in taking possession of any assigned land under this Act shall be punished with imprisonment which any extend to six months or with fine which may extend to five thousand rupees or with both;

 

(3)     Mo court shall take cognizance of an offence punishable under this section, except with the previous sanction of the District Collector.

 

Section 8 - Protection of action taken

(1)     Mo suit, prosecution or other legal proceeding shall lie against any person, officer or authority for anything which is in good faith done or intended to be done in pursuance of Act or any rules made thereunder.

 

(2)     No suit or other legal proceedings shall lie against the Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered, by virtue of any provision of this Act, or for anything which is in good faith done or intended to be done in pursuance of this Act, or any rules made thereunder.

Section 9 - Power to make rules

(1)     The Government may, by notification, make rules for carrying out all or any of the purposes of this Act.

 

(2)     Every rule made under this Act 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 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.

Section 10 - Act to override other laws

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force of any custom, usage or contract or decree or order of a court, tribunal or other authority.

Section 11 - Power to remove difficulties

If any difficulty arises in giving effect to the provisions of this Act, the Government may, be general or special order, published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the removal of the difficulty:

Provided that no such order shall be made after the expiration two years from the commencement of this Act.

Section 12 - Repeal of Ordinance 2 of 1977

The Andhra Pradesh Assigned Lands (Prohibition of Transfers) Ordinance, 1977 is hereby repealed.