THE ANDHRA PRADESH SCHEDULED AREAS LAND TRANSFER RULES, 1969

 

PREAMBLE

In exercise of the powers conferred by sub-section (1) of section 8 of the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh Regulation 1 of 1969), the Governor of Andhra Pradesh hereby makes the following rules, namely;

Rule - 1.

(1)     These rules may be called the Andhra Pradesh Scheduled Areas Land Transfer Rules, 1969; 

(2)     They shall come into force at once; 2. In these rules, unless the context otherwise requires;

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

(b)      'Regulation' means the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 (Andhra Pradesh Regulation 1 of 1959);

(c)      'Section' means a section of the regulation. 

Rule - 3.

(1)     [1][***]

(2)     In addition to the Agent and the Agency Divisional Officer, the Deputy Collector (Tribal Welfare) shall be competent to decree ejectment and order the assignment or sale of the property under sub-section (2) of section 3.

(3)     In addition to the Agent, the Agency Divisional Officer shall be competent to give consent in writing under the proviso to subsection (2) of Section 10.

Rule - 4.

[2][Omitted]

Rule - 5.

[3][Omitted]

Rule - 6.

[4][Omitted]

Rule - 7.

(1)     Where the Agent, the Agency Divisional Officer, or the Officer referred to in sub-rule 3 receives an application from anyone interested, or information in writing by a public servant or has otherwise reason to believe that a transfer of immovable property has been made in contravention of sub-section 3, he shall give notice to any person in possession of the property claiming under the transfer, to show cause within the period specified in the notice, not being less than fifteen days from the date of its service why he should not be ejected, and property restored to the transferor or his heirs.

(2)     The notice referred to in sub-rule (1) shall be in form 'E' and shall be served in the manner specified in Rule 10.

(3)     As soon as may be after the expiry of the period specified in the notice referred to in sub-rule (1) the Agent, the Agency Divisional Officer or the Officer referred to in sub-rule (2) of Rule 3, as the case may be, shall take into consideration, the representations, if any received in reply to the notice, and after conducting such enquiry, if any, as he considers necessary pass such orders as he deems fit.

(4)     Where the Agent or the Agency Divisional Officer or the Officer referred to in sub-rule (2) of Rule 3 has decided that a person in possession should be ejected under sub-section (2) of Section 3 he shall pass a decree and order in Form 'F' and such decree and order shall be executed by the officer specified therein in the manner in which any decree of ejectment by a competent Civil Court is executed;

Rule - 8.

(1)     An appeal against any decree or order passed under sub-rule (4) of Rule 7 by the officer referred to in sub-rule (2) of Rule 3 shall lie to the Agent.

(2)     Subject to the provisions of Clause (b) of sub-section (3) of Section 3, every appeal under the said sub-section shall be preferred within a period of two months from the date of the decree or order appealed against.

(3)     The appellate authority to whom an appeal has been preferred under sub-section (3) of Section 3 may hold or cause to be held such further enquiry, if any, as it may consider necessary and after giving the parties concerned a reasonable opportunity of being heard, may pass such orders as it thinks fit.

Rule - 9.

Every authority making an enquiry under these rules shall have the powers to summon the attendance of persons or the production of documents under the Andhra Pradesh Revenue Summonses Act, 1869.

Rule - 10.

The service of every notice, order or other communication under these rules shall be effected by delivering it or tendering it to the person concerned or in his absence to his agent or to any adult male member of the family or if none of the above courses is practicable, by affixing it on his last known place of residence or by sending it to the last known place of his residence under certificate of posting.

Rule - 11.

No party shall be entitled to be represented by a legal practitioner before any officer or authority in any proceedings under these rules without the previous permission in writing of the Agent' [5][or the Agency Divisional Officer]

Rule - 12.

(1)     The consent shall not be granted for sale of immovable property in execution of a money decree against any member of a Scheduled Tribe unless the Agent or the Agency Divisional Officer, as the case may be is satisfied-

(a)      that the member of the Scheduled Tribe will retain in his possession after such sale adequate land to support him and the members of his family [6][***]

(b)      that the true value of the land does not exceed the amount realised at the sale; [7][and

(c)      that the immovable property shall be sold only to a member of a Scheduled Tribe or a society registered or deemed to be registered under the Andhra Pradesh Cooperative Societies Act, 1964, which is composed solely of members of the Scheduled Tribes.]

(2)     Subject to the provisions of sub-rule (i), attachment and sale of immovable property situate in the agency tracts and owned by a member of the Scheduled Tribe shall be made in accordance with the Agency Rules.

Rule - 13.

The consent shall not be granted under the proviso to subsection (2) of Section 10 of the Regulation for the relinquishment of a holding by a ryot who is a member of the Scheduled Tribe under the Andhra Pradesh (Andhra Area) Estates Land Act, 1908 (Act 1 of 1908) unless the Agent or the Agency Divisional Officer is satisfied:

(a)      that such relinquishment is being made and without duress;

(b)      that the relinquishment is being made in good faith and is not vitiated by fraud or collusion;

(c)      that, except where he intends to give up the profession of an agriculturist, the land retained in possession of the ryot after such relinquishment is adequate to support him and the members of his family, and

(d)      that the ryot is unable to sell the holding to any member of Scheduled Tribe or to any Co-operative Society composed solely of members of the Scheduled Tribe.

Rule - [14.

In addition to the Agent and the Agency Divisional Officer, the Deputy Collector, Tribal Welfare shall be competent to take over land on payment of compensation under clause (c) of subsection (1) of Section 3.][8]

Rule - 15.

Every application under clause (c) of sub-section (1) of Section 3 for acquisition of land by the State Government, shall be made in writing in Form 'G' to the Agent, the Agency Divisional Officer or the Officer referred to in Rule 14, as the case may be.

Rule - 16.

(1)     On receipt of an application under rule 15, the Agent the Agency Divisional Officer or the Officer referred to in Rule 14 as the case may be, shall cause a notice to be published in Form 'H' requiring any person objecting to the proposed acquisition, to file his objections thereto before him within the period specified in the notice, not being less than 15 days from the date of publication thereof;

(2)     The notice referred to sub-rule (1) shall be published;

(a)      by affix in the village Chavadi, or, if there is no village Chavadi, in some other prominent place in the village in which the land is situate;

(b)      by beat of tom-tom in the village in which the land is situate;

(c)      by affixture on the notice board of the Taluk Office have jurisdiction over the village in which the land is situate; and

(d)      by affixture on the notice board of the Police Station having jurisdiction over the village in which the land is situate.

(3)     The Agent, the Agency Divisional Officer or the Officer referred to in Rule 14, as the case may be, shall, after the expiry of the period specified in the notice referred to in sub-rule (1) make an enquiry into the application after giving not less than 15 days notice thereof to;

(a)      the person making the application;

(b)      every person who has filed an objection in pursuance of the notice referred to in sub-rule (1); and

(c)      any other person known or believed to be interested in the land proposed for acquisition.

(4)     The notice referred to in sub-rule (3) shall be in Form '1' and shall be served on the person concerned in the manner specified in Rule 10.

(5)     If on the conclusion of such an enquiry the Agent, the Agency Divisional Officer or the Officer referred to in Rule 14, as the case may be, determines that the applicant is not the rightful owner of the land or is otherwise into competent to alienate it, he shall make an order in writing rejecting the application;

(6)     If, on the conclusion of such as enquiry, the Agent, the Agency Divisional Officer or the officer referred to in Rule 14, as the case may be, determines that the applicant is the of rightful owner of the land and is competent to alienate it, he shall proceed to determine the compensation payable for the land in accordance with the principles specified in Section 10 of the Andhra Pradesh Ceilings on Agricultural Holdings Act, 1961 and the rules made thereunder.

Explanation 1:- The powers exercisable by the Revenue Divisional Officer under section 10 of the Andhra Pradesh Ceilings on Agricultural Holdings Act, 1961 and the rules made thereunder shall be exercisable by the Agent, the Agency Divisional Officer or the Officer referred to in rule 14 as the case may be.

Explanation 2:- The local area referred to in paragraph 2 of the Second Schedule to the Andhra Pradesh Ceilings on Agricultural Holdings Act, 1961 shall be the Revenue Division in which the land is situate;

(7)     On the determination of the amount of compensation under sub rule (6), the Agent, the Agency Divisional Officer or the Officer referred to in Rule 14, as the case may be shall take over the land on payment of such compensation and issue a certificate to the owner in Form 'J'. 17. (1) Any land taken over under rule 16 may be disposed of by assignment to a member of a Scheduled Tribe or to a Society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 composed solely of members of the Scheduled Tribes subject to the following conditions namely:- (i) that the assignee shall not, without the previous permission in writing of the Agent or the Agency Divisional Officer, sell the land for a period of ten years from the date of assignment; (ii) that the assignee shall pay to the Government, the cost of acquisition of land in such [9][number] of equal annual instalments not exceeding eight, as may be fixed by the Agent, the Agency Divisional Officer, or the Officer referred to in Rule 14, as case may be; and (iii) such other conditions as are normally applicable to the assignment of Government land from time to time. (2) The maximum extent of land that may be assigned under this rule shall:-

(a)      in the case of an (individual, be that extent of land which together with the lands, if any, held by him totals to five acres of wet or ten acres or dry; and

(b)      in the case of a society, that extent of land which together with the lands, be if any, held by the members of the society totals to five acres of wet or ten acres of dry, per member of the society.

(3)     No land shall be assigned under this rule to any member or a scheduled Tribe who already holds land of an extent of five acres or more of wet or ten acres or more of dry or to any society any of whose members holds land of five acres or more of wet or ten acres or more of dry land.

Explanation:- For the purpose of this rule, one acre of wet land shall be deemed to be equal to two acres of dry land.

(4)     Where the conditions of assignment have been violated by the Agent, the Agency Divisional Officer or the Officer referred to in Rule 14 shall be competent to resume the land without payment of compensation.