[1]THE ANDHRA PRADESH (TELANGANA AREA) PROTECTED TENANTS RULES, 1956

PREAMBLE

In exercise of the powers conferred by Section 97 read with Section 37-A of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (XXI of 1950), the Rajpramukh makes the following Rules, namely:?

Rule - 1.

(a)      These Rules may be called the A.P. (T.A.) Protected Tenants Rules, 1956.

(b)      They shall come into force from the date of their publication in the Official Gazette.

Rule - 2.

(1)     In these rules unless there is anything repugnant in the subject or context.--

(a)      The 'Act' means the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 (XXI of 1950);

(b)      'Form' means a form appended to these rules;

(c)      'Section' means a section of the Act;

(2)     Words and expressions used in these rules but not defined shall have the meaning assigned to them in the Act.

Rule - 3.

The Tribunal shall, after necessary enquiries prepare a provisional list in Form-A containing:

(1)     the names of such tenants as may be deemed to be protected tenants under Section 37-A;

(2)     the extent of land held by such tenants;

(3)     the names of the landholders of such tenants: and

(4)     The total area of land owned by such landholders including the land under cultivation of their tenants.

Rule - 4.

The provisional list prepared under Rule 3 shall be published by affixing a copy thereof to the notice board in the Chawidi. The Tribunal shall fix a date for hearing of objections, if any, in respect of the entries made in the provisional list and announce the date so fixed in the village by beat of drum.

Rule - 5.

On the date fixed under Rule 4, the Tribunal shall after hearing the objections preferred by landholders or other interested persons make inquiries and, subject to the provisions contained in the proviso to Section 37-A declare the provisional list with or without modifications as final and affix such final list to the notice board of the Chawidi and announce in the village by beat of drum that the final list has been so affixed.

Rule - 6.

The Tribunal shall then issue a certificate in Form-B to each of such tenants as shall be deemed to be protected tenants.

Rule - 7.

The Tribunal shall cause mutation entries to be made in the Record of Rights after the issue of a certificate under Rule 6.

Rule - 8.

On receipt of an application from persons referred to in the proviso to Sec. 37-A within the period specified therein, the Tribunal shall give the concerned landholder, the tenant who shall be deemed to be a protected tenant under Section 37-A as well as the person filing the application, an opportunity of being heard and shall make such inquiries as he deems fit. If the Tribunal comes to the conclusion that the person filing an application holds a protected tenancy certificate or his rights as a protected tenant which are under investigation before a competent authority are to be safeguarded he shall:

(a)      if the provisional list has already been published, not included in the final list the name of the tenant of the land in respect of which the application is filed; or

(b)      if the final list has been published, delete therefrom the name of the tenant who has been included and cancel the certificate of protected tenancy if any issued under Rule 6; or

(c)      reject the application after recording reasons therefor on it.

Rule - 9.

If the protected tenant on whose application action is taken as laid down in clause (a) or (b) of Rule 8, does not apply for restoration of possession within the time fixed by the Tribunal, all his rights as a protected tenant shall be forfeited.

The name of the person not included in the provisional list or deleted from the final list under Rule 8, shall then be included in the final list as a protected tenant.

Rule - 10.

(1)     Where on the application filed under Rule 8 by a person whose rights as a protected tenant are under investigation before a competent authority, action is taken as laid down clauses (a) or (b) of Rule 8, the Tribunal shall safeguard his rights till such time as the same are determined.

(2)     If the rights of the said person as a protected tenant are safeguarded by the said authority, he shall, apply for restoration of possession within one month from the date of the order passed by the competent authority.

(3)     If an application for restoration of possession is not filed within the period specified in sub-rule (2), all the rights of the protected tenant shall be forfeited. The Tribunal shall then include in the final list the name of the tenant which was not included in or was deleted from the final list under clause (a) or (b) of Rule 8.