ANDHRA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1961

Preamble - ANDHRA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1961

ANDHRA PRADESH CEILING ON AGRICULTURAL HOLDINGS ACT, 1961

[Act No. 10 of 1961]

[21st February, 1921]

PREAMBLE

An Act to provide for the fixation of ceiling on Agricultural Holdings and certain other matters connected therewith.

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

Section 1 - Short title, extent and commencement

(1)     This Act may be called the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961.

 

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

 

(3)     It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.

Section 2 - Definitions

In this Act, unless the context otherwise requires,--

(a)      "ceiling area" means the extent of land specified in section 3 to be the ceiling area;

 

(b)      "family" means, in the case of persons governed by Hindu Law, an undivided Hindu family consisting of members entitled under that Law to a share in the property held by the family on a partition thereof, and in the case of other persons, a group or unit, the members of which are by custom or usage joint in estate;

 

(c)      "family holding" means the extent of land specified in section 4 to be the family holding;

 

(d)      "Government" means the State Government;

 

(e)      "holding" means the entire land held by a person as owner, or as usufructuary mortgagee, or in either or both such capacities; and the expression "to hold land" or "holding land" shall be construed accordingly;

 

(f)       "land" means land which is used or is capable of being used for purposes of agriculture, including horticulture, but does not include land used exclusively for non-agricultural purposes;

 

(g)      "notification" means a notification published in the Andhra Pradesh Gazette; and the expressions "notify" or "notified" shall be construed accordingly;

 

(h)     "notified date" means the date notified by the Government under sub-section (1) of section 5;

 

(i)       "owner" includes?

 

(i)       in relation to any land situated in an estate not taken over by the Government under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Act XXVI of 1948), the ryot in respect of the land in which he has a permanent right of occupancy and the landholder in respect of his private land; and

 

(ii)      in the case of an inam land, not forming part of an estate, the person entitled to a ryotwari patta in respect of such land;

but does not include a limited owner;

(j)       "person" includes a family, a firm, a company, a society, or an association of individuals, whether incorporated or not;

 

(k)      "prescribed" means prescribed by rules made under this Act;

 

(l)       "stridhana land" means, land held by a Hindu female as her stridhana property under the Hindu Law.

Section 3 - Ceiling area

(1)     The ceiling area in the case of every person, or of every family consisting of not more than five members, shall be an extent of land equal to four and a half times the family holding.

 

(2)     The ceiling area in the case of a family consisting of more than five members, shall be an extent of land equal to four and a half times the family holding plus an additional extent of one family holding for every such member in excess of five.

Explanation I.--In computing the ceiling area, any land leased out to, and held by, a tenant, shall not be taken into account.

Explanation II.--In the case of an undivided Hindu family, the ceiling area shall be computed on the basis of the lands jointly held by it.

Explanation III.--Stridhana lands shall be included in the computation of the ceiling area of the female holding them but not of the family.

Explanation IV.--Where a person, who is a member of a family, holds land as separate property and has also a share in the land held by the family, the aggregate of the land held by him as separate property and his share in the land held by such family shall be taken into account for the purpose of calculating his ceiling area.

Explanation V.--Where a person who is a member of a family is entitled to a share in the land held by such family, his share shall be deemed to be the extent of the land which would have been allotted to him on a partition thereof.

Explanation VI.--Where an individual member of any company or any registered firm, society or association is exclusively in possession and enjoyment of any portion of the land held by such company, firm, society or association, such portion shall be included in the computation of the ceiling area of such individual member and not of the company, firm, society or association.

Section 4 - Extent of family holding

For the purposes of this Act, lands shall be classified as set out in the First Schedule. The extent of land which shall constitute a family holding for the class of land specified in column (1) of the Table below, shall be as specified against it in column (2) thereof.

TABLE.

Section 5 - Declaration of holding

(1)     Every person whose holding is in excess of the ceiling area on the date notified in this behalf by the Government shall, within ninety days from that date furnish a declaration of his entire holding as on that date, to the Revenue Divisional Officer within whose jurisdiction his holding is situated. Where a person's holding is situated within the jurisdiction of more than one Revenue Divisional Officer, such person shall furnish the declaration aforesaid to the Revenue Divisional Officer within whose jurisdiction the major part of his holding is situated and furnish copy thereof to the other Revenue Divisional Officers:

Provided that in the case of a person in the civil service of the State Government or the Union Government and serving outside India, or any person temporarily residing outside India, or a person serving in the Defence Service or the Merchant Navy anywhere, the declaration shall be furnished within a period of six months from the notified date.

(2)     Without prejudice to the provisions of subsection (1), the Revenue Divisional Officer shall have power to issue notice requiring any person who, he has reason to believe, holds land, or resides within his jurisdiction, to furnish to him a declaration of his holding as on the date notified under sub-section (1), within such period as may be specified in the notice, which shall not be less than thirty days from the date of its service, 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), fails to furnish the declaration within the specified time, the Revenue Divisional Officer may obtain the necessary information in such manner as may be prescribed.

 

(4)     Notwithstanding anything in sub-section (1) or section 16, every declaration furnished under sub-section (1) or sub-section (2) shall also include particulars of?

 

(i)       land exempted under section 16,

 

(ii)      land leased out by a person to any tenant, and

 

(iii)     land held by a person as a tenant.

 

(5)     Every declaration furnished under sub-section (1) or sub-section (2) shall be in such form and contain such particulars as may be prescribed; and the person furnishing the declaration shall be entitled to obtain a receipt therefor.

Explanation.--In the case of a person who is a minor, a (sic) lunatic or an idiot or is subject to any other physical or mental infirmity on account of which he is unable to furnish the declaration, the declaration shall be furnished by the guardian, manager or other person in charge of the person or property of such person.

Section 6 - Determination of ceiling area

On the basis of the declaration furnished by a person under sub-section (1) or subsection (2) of section 5, or on the basis of the information obtained by the Revenue Divisional Officer under subsection (3) of that section, the Revenue Divisional Officer shall, after making such inquiry as he deems fit, and giving the person concerned, a reasonable opportunity of being heard, pass an order within the prescribed period determining the ceiling area which such person is entitled to hold, and the extent of land which is held by him in excess of the ceiling area.

Section 7 - Surrender of land in certain cases

(1)     If the extent of the holding of a person is not more than the ceiling area determined under section 6, he shall be entitled to retain such holding, but if it is more than the ceiling area, he shall be liable to surrender the extent of land in excess of the ceiling area.

 

(2)     The Revenue Divisional Officer shall serve on every person who is liable to surrender land in excess of the ceiling area under sub-section (1), a notice specifying therein the extent of land which he has to surrender, and requiring him to file a statement in such manner and within such period as may be prescribed indicating therein the land which he proposes to surrender.

 

(3)     If the person, on whom a notice is served under sub-section (2), files the statement referred to in that subsection, within the prescribed period and the Revenue Divisional Officer is satisfied, after making an inquiry in the prescribed manner, that the proposed surrender of the land is in accordance with the provisions of sub-sections (1) and (2), he shall pass an order approving the surrender and the said land shall thereupon be deemed to have bee 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 prescribed period, or files such statement within the prescribed period, but does not specify therein the entire extent of land which he has to surrender, the Revenue Divisional Officer may himself select, in the former case, the entire extent and in the latter case the balance of the extent which such person has to surrender, and pass an order to that effect; and thereupon the said land or the balance of land, as the case may be, shall be deemed to have been surrendered by such person.

Section 8 - Vesting of land deemed to have been surrendered by the owner

Where any land is deemed to have been surrendered under section 7 by an owner, the Revenue Divisional Officer may, by order, take over such land on payment of compensation under section 10, and such land shall be disposed of in the prescribed manner by assignment to landless poor persons.

Section 9 - Reversion and vesting of land deemed to have been surrendered by usufructuary mortgagee

(1)     Where any land is deemed to have-been surrendered under section 7 by an usufructuary mortgagee, the possession of such land shall revert to the mortgagor from the date of the order of the Revenue Divisional Officer under sub-section (3) or sub-section (4) of that section in every case where and only to the extent to which, the mortgagor's holding is less than the ceiling area.

 

(2)     The mortgagor to whom possession of the land reverts under sub-section (1) shall be liable to pay the mortgage money due to the 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)     Where possession of the land surrendered by an usufructuary mortgagee does not revert to the mortgagor under sub-section (1), the Revenue Divisional Officer may by order take over such land, on payment of compensation under section 10, and such land shall thereupon vest in the Government free from all encumbrances from the date of such order and such land shall be disposed of in the manner provided in section 8.

Section 10 - Compensation for lands taken over by the Revenue Divisional Officer

(1)     The compensation payable for any land taken over by the Revenue Divisional Officer under section 8 or section 9 shall be an amount calculated at the rates specified in the Second Schedule. Where there are any structures of a permanent nature or trees on such land the value of such structures or trees shall be determined by the Revenue Divisional Officer in the manner prescribed and paid to the person who is entitled thereto.

 

(2)     The compensation payable under sub-section (1) shall be paid either in cash or in bonds, or partly in cash and partly in bonds as the Government may deem fit. The bonds shall be issued on such terms and carry such rate of interest as may be prescribed.

Section 11 - Claims for compensation

The Revenue Divisional Officer shall, after giving the person who is entitled to the compensation, a reasonable opportunity of being heard determine the compensation payable under section 10 and publish a notification containing particulars of the land taken over by him and the compensation payable therefor. Any person having an interest in the said land may file a claim for the amount due to him from out of compensation within thirty days from the date of publication of the notification, and the Revenue Divisional Officer shall, after making an inquiry into the validity of the claim, determine the persons who, in his opinion, are entitled to payment from out of the compensation and the amount to which each of them is entitled.

Section 12 - Prohibition of alienation of holding

No person whose holding is in excess of the ceiling area on the date on which the assent of the President to this Act is first published in the Andhra Pradesh Gazette shall alienate his holding or any part thereof by way of sale, gift, exchange or usufructuary mortgage, or effect a partition of such holding until he has furnished a declaration under section 5, and the extent of land, (if any, to be surrendered in respect of his holding has been determined by the Revenue Divisional Officer and an order has been passed by him under section 7; and any alienation or partition made in contravention of this section shall be null and void.

Section 13 - Ceiling on future acquisition

(1)     On or after the notified date, no person shall purchase or take on usufructuary mortgage, or otherwise voluntarily acquire any land, if in consequence of such purchase, mortgage or acquisition, the total land held by him would exceed three family holdings; and any acquisition made in contravention of this sub-section shall be null and void:

Provided that where after the notified date, any land held by an owner is donated by him, or is acquired by the Government for a public purpose, he shall be entitled to acquire so much of the land of any of the classes specified in section 4 as is equivalent to the land so donated or acquired, in terms of family holding.

(2)     ?Where, after the commencement of this Act, any person acquires land in any manner other than that specified in sub-section (1), and in consequence thereof, the total extent of land held by him exceeds the ceiling area, such person shall, within a period of ninety days from the notified date if such acquisition took place before that date, and within a period of ninety days from the date of such acquisition, if the acquisition takes place on or after the said date, furnish a declaration of his holding in accordance with the provisions of section 5; and all the relevant provisions of this Act shall thereupon apply as if it were a declaration filed by him under that section.

Section 14 - Computation of holdings

In computing the holding of a person consisting of lands of different tarams or annavari classification situated in different areas, the relative proportion of the extent of land of each such taram or classification to the area of family holding of the appropriate taram or classification shall be taken into account in the manner prescribed and the aggregate of all such proportions shall be deemed to be his holding in relation to the ceiling area.

Section 15 - Special provisions for grazing lands

Notwithstanding anything in this Act, it shall be lawful for a person to hold or to acquire in addition to the ceiling area that he is entitled to hold or acquire under the foregoing provisions of this Act, land exclusively used for grazing, up to a limit of one-third of the ceiling area of such land:

Provided that if the whole or any part of such grazing land is brought under cultivation for any crop by such person, and thereby the extent of land under cultivation held by him exceeds the ceiling area for such land he shall, within a, period of ninety days from the date on which the grazing land is brought under cultivation, furnish a declaration of his holding in accordance with the provisions of section 5; and all the relevant provisions of this Act shall thereupon apply as if it were a declaration filed by him under that section.

Explanation.--For the purpose of this section, a land shall not be deemed to be grazing land if it was cultivated with any crop at any time during the five fasli years immediately before the commencement of this Act.

Section 16 - Exemptions

Nothing in this Act shall apply to the following classes of lands, namely:--

(i)       lands held by a State or the Central Government;

 

(ii)      lands held by religious, charitable or educational institutions;

 

(iii)     lands held by?

 

(i)       co-operative farming societies approved by the Government, and

 

(ii)      other co-operative societies including Land Mortgage Banks;

 

(iv)    lands covered by tea, coffee, or rubber plantations;

 

(v)      lands on which orchards are raised;

 

(vi)    lands of specialised farms engaged in cattle breeding, dairying, wool raising or the like;

 

(vii)   sugarcane farms maintained and operated by sugar factories;

 

(viii)  efficiently managed farms consisting of compact blocks on which heavy investments or permanent structural improvements have been made and whose break up is, in the opinion of the Revenue Divisional Officer, likely to lead to a fall in production;

 

(ix)    lands awarded for gallantry in the first or second world war or thereafter to any person:

Provided that the exemption in respect of any of the classes of lands mentioned above shall be available only so long as the lands remain in any of such classes:

Provided further that the exemption under clause (i) shall be available only for the life-time of the person to whom the award was granted.

Section 17 - Penalty

(1)     If any person, who is liable to furnish a declaration of his holding under this Act refuses or fails to furnish the declaration within the period specified therefor by or under this Act, or furnishes any declaration which he knows, or has reason to believe, to be false, in-Correct or incomplete, he shall be punishable with fine which may extend to five hundred rupees.

 

(2)     If any person contravenes any other provision of this Act or of any orders issued thereunder, he shall be punishable with fine which may extend to five hundred rupees.

Section 18 - Appeal

Against any order passed by the Revenue Divisional Officer under this Act, an appeal shall lie to the District Collector within the prescribed period, and the District Collector shall pass such orders on the appeal as he deems fit.

Section 19 - Revision

An application for revision shall lie to the High Court, within the prescribed period, from any order passed on appeal by the District Collector on any of the following grounds, namely:--

(a)      that he exercised a jurisdiction not vested in him by law, or

 

(b)      that he failed to exercise a jurisdiction so vested, or

 

(c)      that he acted in the exercise of his jurisdiction illegally or with material irregularity.

Section 20 - Power to summon witnesses

The District Collector, the Revenue Divisional Officer and any officer not lower in rank than a Tahsildar who is authorised by the District Collector to exercise any powers under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), for summoning and enforcing the attendance of any person and examining him on oath and for requiring the production of any documents.

Section 21 - Power to enter upon land

The Revenue Divisional Officer or any person authorised by him in this behalf may, subject to any rules made under this Act, at any time enter upon any land but not a dwelling house, with such officers or other persons as he considers necessary and make a survey and take measurements thereof or do any other act which he considers to be necessary for carrying out any of his functions under this Act.

Section 22 - Taking possession of land vested in Government

Where under the provisions of this Act any land vests in the Government, the Revenue Divisional Officer may, after removing any obstruction that may be caused or offered, forthwith take possession of the land, and such land shall, subject to such rules as may be prescribed, be managed by the District Collector or any officer authorised by him in this behalf until it is disposed of in accordance with the rules made under this Act.

Section 23 - Protection of action taken under this Act

(1)     No suit, prosecution or other legal proceeding shall he against any person for anything which is in good faith done or intended to be done in pursuance of this 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 any-thing which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.

Section 24 - Power to make rules

(1)     The Government may, by notification, make rules to carry out the purposes of this Act.

 

(2)     Every rule made under this section shall be laid, as soon as may be after it is made, before each House of 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, both the Houses agree in making any modification in the rule or both the Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no 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 rule.

Section 25 - Power to remove difficulties

If any doubt or difficulty arises in giving effect to the provisions of this Act, the Government may, by order, make such provision not inconsistent with the purposes of this Act, as appear to them to be necessary or expedient for removing the doubt or difficulty.

Section 26 - Act to override other laws contracts

(1)     The provisions of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (Act XXI of 1950), in so far as they relate to any matter or proceeding dealt with in this Act shall cease have effect.

 

(2)     The provisions of this Act shall have effect not-withstanding anything (inconsistent therewith in any other law for the time being in force, or any custom, usage or agreement or decree or order of a court, tribunal or other authority.

Schedule - FIRST SCHEDULE

FIRST SCHEDULE

(See Section 4)

Classification of lands for determining the extent of family holdings.

Class (A)--(Assured Wet)

These shall include (a) in Andhra area wet lands bearing settlement taram No. 1, and (b) in Telangana area wet lands bearing settlement classification of 15 annas and above.

Class (B)--(Assured Wet)

These shall include (a) in Andhra area wet lands bearing settlement taram No. 2 and (b) in Telangana area wet lands bearer settlement classification of 14 annas and above but below 15 annas.

Class (C)--(Assured Wet)

These shall include (a) in Andhra area, wet lands bearing settlement taram Nos. 3, 4 and 5, and (b) in Telangana area, wet lands bearing settlement classification of 12 annas and above but below 14 annas.

Class (D)--(Assured Wet)

These shall include (a) in Andhra area, wet lands bearing settlement taram Nos. 6, 7 and 8 and (b) in Telangana area, wet lands bearing settlement classification of 8 annas and above but below 12 annas.

Class (E)--This shall comprise of the following:

(1)     Lands under precarious sources: These shall include (a) la, Andhra area, wet lands bearing settlement taram Nos. 9 and above, and (b) in Telangana area, wet lands irrigated by the ryots by cross bunding or by removing sand or clay from any source of irrigation at their own cost and labour or irrigated from a source of irrigation which when filled up once will have sufficient water to irrigate the entire ayacut for a period of not more than three months.

 

(2)     Irrigated dry lands: These shall include all lands both in Andhra and Telangana areas irrespective of their settlement classification, cultivated with dry crops for not less than five faslis with the aid of water from a Government source of irrigation.

 

(3)     Unirrigated dry lands and lands irrigated under wells: These shall include (a) in Andhra area, dry lands bearing settlement taram Nos. 1 and 2 and all lands irrigated under wells; and (b) in Telangana area, all lands irrigated under wells and black cotton and laterite soils with soil classification of 8 annas and above.

Class (F)---(Dry lands)

These shall include (a) in Andhra area, dry lands bearing settlement taram No. 3 and (b) in Telangana area, black cotton and laterite soils bearing settlement classification of below 8 annas.

Class (G)--(Dry lands)

These shall include (a) in Andhra area, dry lands bearing settlement taram Nos. 4 and 5 and (b) in Telangana area, Chalka soils bearing settlement classification of 8 annas and above.

Class (H)--(Dry lands)

These shall include (a) in Andhra area, dry lands bearing a settlement taram above 5 and (b) in Telangana area Chalka soils bearing settlement classification of below 8 annas and all other soils.

Explanation I.--"Wet Lands" include all lands cultivated by wet crops' for not less than one fasli year with the aid of water from a Government source of irrigation.

Explanation II.--Taram and annavari classification shall be as registered in the Revenue and Settlement Records.--

                                           (i)            in the case of a declaration furnished under section 6 as on the date of commencement of this Act; and

 

                                          (ii)            in the case of a declaration furnished under section 18 in respect of any land acquired after a period of ninety days after the notified date as on the date of that declaration.

Explanation III.--If in respect of any land no taram or annavari classification is recorded in the Revenue and Settlement Records, such land shall be deemed to bear the taram or annavari classification which a similar land in the vicinity bears,

Schedule - SECOND SCHEDULE

SECOND SCHEDULE

(See section 10)

(1)     The rate at which compensation payable under section 10 shall be calculated in respect of lands taken over by the Revenue Divisional Officer shall be as follows:--

(2)     The gross income of each class of land in each local area shall be determined by the prescribed authority with reference to the average annual gross yield of the land during a period of three years immediately before the date of the receipt of the declaration under section 5, at the average of the prices prevailing during the period of ten years immediately before such date;

Provided that in the case of grazing lands, the gross income shall be estimated with reference to the average annual gross yield which such lands would have yielded, had they been cultivated with crops ordinarily raised on such lands during the said period of three years in accordance with the agricultural practice of the locality.

(3)     The gross income in respect of any land taken over by the Government shall be fixed with reference to the gross income of the appropriate class of land in the local area concerned, deter-mined under paragraph (2).