THE PREVENTION OF FRAGMENTATION RULES, 1957
PREAMBLE
In exercise of the powers conferred by
Section 47 of the Hyderabad Prevention of Fragmentation and Consolidation of
Holdings Act, 1956 (Hyderabad Act XI of 1956), the Governor Andhra Pradesh
hereby makes the following rules, namely:
Rule - 1.
These rules may be called the
Prevention of Fragmentation Rules, 1957.
Rule - 2.
(1)
In these rules, unless the context otherwise
requires,-
(a)
'Act' means the Hyderabad Prevention of
Fragmentation and Consolidation of Holdings Act, 1956 (Hyderabad Act XL of
1956).
(b)
'Section' means a section of the Act.
(c)
'Form' means a form appended to these rules.
(2)
Word and expressions used in these rules, but
not defined therein, shall have the meaning assigned to them in the Act.
Rule - 3.
The notification referred to in
Section 3 shall be in Form I.
Rule - 4.
The notification referred to in
sub-section (2) of Section 4 shall be in Form II, and shall, besides being
published in the Official Gazette, be also published in the following manner,
namely:-
(i)
by affixture to the notice board of the
concerned taluk office or offices,
(ii)
by affixture in the chavadi, or if there is
no chavadi, in some conspicuous place of the village or villages concerned, and
(iii)
by beat of drum in the village or villages
concerned.
Rule - 5.
The notification referred to in
sub-section (3) of Section 5 shall be in Form III and shall, besides being
published in the Official Gazette, be also published in the following manner,
namely:--
(i)
by affixture to the notice board of the
concerned taluk office or offices,
(ii)
by affixture in the chavadi, or if there is
no chavadi, in some conspicuous place of the village or villages concerned, and
(iii)
by beat of drum in the village or villages
concerned.
Rule - 6.
(1)
The co-sharers to whom a share of the land
can be provided and those to whom the money compensation shall be given under
the latter part of Clause (b) of sub-section (2) of Section 9, shall be chosen
by lot in the manner hereinafter provided.
(2)
The Court or the Collector, as the case may
be, shall fix a date on which and the time and place at which the lot shall be
drawn and shall issue notice thereof to all the co-sharers or their authorised
agents.
(3)
On the date and at the time and place
specified in the notice referred to in sub-rule (2) the names of the co-sharers
shall be written on separate slips of paper, which shall, as far as possible,
be identical. The slips shall then be folded so that the names are not visible
from the outside, and be placed in a suitable receptacle.
(4)
The Court or the Collector, as the case may
be, shall nominate any person, whom the Court or the Collector considers to be
disinterested, to draw the lots.
(5)
As many draws shall be allowed as the number
of co-sharers, to whom shares of the land can be provided, and the names of the
persons on the slips so drawn shall be deemed to be entitled to shares of the
land.
(6)
The result of each draw shall be announced
immediately by the Court or the Collector.
(7)
The Court or the Collector, as the case may
be, shall maintain a record of the proceedings relating to the choice by lot
and shall pass orders in accordance therewith.
Rule - 7.
The deposit of the compensation
referred to in Clause (c) of sub-section (2) of Section 9 shall be effected by
payment of the amount in the concerned treasury within the time specified by
the Court, or the Collector, as the case may be, and the receipt for such
payment shall be filed with the Court or the Collector.