The
Andhra Pradesh Assigned Lands (Prohibition Of Transfers) (Amendment) Act, 2023
[35
of 2023]
[27th
October 2023]
AN ACT FURTHER TO AMEND THE
ANDHRA PRADESH ASSIGNED LANDS (PROHIBITION OF TRANSFERS) ACT 1977.
Be it enacted by the
legislature of the State of Andhra Pradesh in the Seventy - fourth Year of
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) (Amendment) Act, 2023.
(2)
It extends to the whole of the State of
Andhra Pradesh.
(3)
Sections 2 and 3 shall be deemed to have come
into force with effect on and from the 31st July,2023 and Section 4 shall be
deemed to have come into force with effect on and from 21st January, 1977.
Section - 2. Amendment of Section 2
In the Andhra Pradesh
Assigned Lands (Prohibition of Transfers) Act, 1977, (hereinafter referred to
as the principal Act); in Section 2, in clause (1) after the words, subject to
the condition of non-alienation, the words, within a period of twenty (20)
years from the date of assignment in the case of lands assigned for
agricultural purpose, and within a period of ten (10) years from the date of
assignment in case of house sites, shall be inserted;
Section - 3. Amendment of Section 3
In the Principal Act, in
Section 3, for sub-section (2), the following sub-section shall be substituted,
namely:-
"(2)
(i) No landless poor person or his / her
legal heir, shall transfer any land assigned for agricultural purpose, and no
person shall acquire any such assigned land, either by purchase, gift, lease
(except in the case of Lease to the Andhra Pradesh Green Energy Corporation
Ltd., for use as deemed fit and including for usage of non-agriculture purpose)",
mortgage, exchange or otherwise, within a period of twenty (20) years from the
date of assignment.
(ii) After expiry of the
above period of twenty years, such assigned land may be alienated by the
assignee or his/ her legal heirs as per the procedure prescribed, without
further reference to the government.
(iii) where any land
adjoining such assigned land is earmarked for any use other than agriculture
use in the master plan of the area, the assignee or his/her legal heirs shall
be paid current basic value of said adjoining non agricultural land by the purchaser
of the such assigned land.".
Section - 4. Amendment Section 4
In the Principal Act, in
Section 4, in sub-section (1), after clause (c), the following clause shall be
inserted, namely: -
"(d)
Not withstanding anything contained in
any other law for the time being in force, where an assigned land is resumed in
public interest for a public purpose, the assignee shall be entitled to payment
of compensation equivalent to the market value of the land on par with land
owner, but shall not claim for payment of compensation amount as per the
negotiated award with the land owner or amount awarded by the reference or
appeiiate courts.".
Section - 5. Repeal and Savings
(1)
The Andhra Pradesh Assigned Lands
(Prohibition of Transfers) (Amendment) Ordinance, 2023 is hereby repealed.
(2)
Notwithstanding such repeal, anything done or
any action taken under the said Ordinance shall be deemed to have been done or
taken under this Act.