ANDHRA
PRADESH TENANCY LAWS (AMENDMENT) ACT, 1979 THE ANDHRA PRADESH TENANCY LAWS (AMENDMENT) ACT, 1979 [Act No. 02 of 1979] [06th March, 1979] An Act further to amend the Andhra Pradesh (Telangana Area)
Tenancy and Agricultural Lands Act, 1950 and the Andhra Pradesh (Andhra Area)
Tenancy Act, 1956. BE it enacted by the
Legislature of the State of Andhra Pradesh in the Thirtieth Year of the
Republic of India as follows:-- (1)
This Act may be called the Andhra Pradesh Tenancy Laws (Amendment)
Act, 1979. (2)
It shall be deemed to have come into for on the 11th January,
1979. In the Andhra Pradesh (Telangana
Area) Tenancy and Agricultural Lands Act, 1950,-- (1)
in section 38-E,-- (a)
for the proviso under sub-section (2), the following proviso shall
be substituted, namely:-- "Provided that where
the land, the ownership of which has been transferred to the protected tenant
under sub-section (1), is in the occupation of a person other than the
protected tenant or holder of the certificate issued under this sub-section, it
shall be lawful for the Tahsildar to restore the possession of the said land to
the protected tenant or holder of the certificate, after giving notice of
eviction to the occupant thereof, in the prescribed manner."; (b) after
sub-section (4), the following sub-section shall be inserted, namely:-- "(5) Notwithstanding
anything contained in this section or section 19, the Collector may, suo-motu
at any time, hold an enquiry with a view to ascertain the genuineness of the
surrender of the right made by the protected tenant under clause (a) of
sub-section (1) of section 19, for the purpose of effecting the transfer of
ownership under this section, and pass such order in relation thereto as he may
think fit: Provided that no order
adversely affecting any person shall be passed under this sub-section unless
such person has had an opportunity of making his representation thereto."; (2) in
section 50-B, after sub-section (3), the following sub-section shall be
inserted, namely:-- "(4) The Collector
may, suo-motu at any time, call for and examine the record relating to any
certificate issued or proceedings taken by the Tahsildar under this section for
the purpose of satisfying himself
as to the legality or propriety of such certificate or as to the regularity of
such proceedings and pass such order in relation thereto as he may think fit: Provided that no order
adversely affecting any person shall be passed under this sub-section unless
such person has had an opportunity of making his representation thereto."; (3) in section
93, for the expression "and the provisions of the Indian Limitation Act,
1908, shall apply for the purposes of the computation of the said period",
the following shall be substituted, namely:-- "and the provisions of
section 5 and sections 12 to 24 of the Limitation Act, 1963, shall apply for
the purposes of extension and computation of the said period."; (4)
in section 102,--
I.
in clause (a) for the words "the Government ", the words
"the Central Government or the State Government" shall be
substituted;
II.
after clause (e), the following clause shall be inserted,
namely:-- "(f) to lands held by
any Corporation established by or under a Central or Provincial or State Act,
or any Government Company as defined in section 617 of the Companies Act, 1956
(Central Act 1 of 1956).". (i) In the
Andhra Pradesh (Andhra Area) Tenancy Act, 1956, in section 18, in clause (c),
for the words "the Government", the words "the Central
Government or the State Government" shall be substituted; (ii) ???after clause (d), the following clause shall
be inserted, namely:-- "(e) to lands held by
any Corporation established by or under a Central or Provincial or State Act,
or any Government Company as defined in section 617 of the Companies Act, 1956
(Central Act 1 of 1956) or any Port Trust.". The Andhra Pradesh Tenancy
Laws (Amendment) Ordinance, 1979 is hereby repealed.
Preamble - ANDHRA PRADESH TENANCY LAWS (AMENDMENT) ACT, 1979PREAMBLE