Act Description : ANDHRA PRADESH (TELANGANA AREA) LAND REVENUE ACT,

1317
Act Details :

ANDHRA PRADESH (TELANGANA AREA) LAND

REVENUE ACT, 1317

8 of 1317

Whereas it is expedient to amend and consolidate the orders and

regulations relating to land revenue; It is hereby enacted as follows:

CHAPTER 1 Preliminary

Section 1 Short title and commencement

(1) This Act may be called the Andhra Pradesh (Telangana Area) Land
Revenue Act, 1317 F. and it shall come into force from 1st Azur, 1318
Fasli.

(1-a) It shall extend to the whole of the Telangana area of the State of
Andhra Pradesh.

(2) Previous rules and ordersRules and orders in force before the
commencement of this Act, provided they are not repugnant to the
provisions contained in this Act, shall remain in force until rules relating to
such matters are made under this Act.

Section 1A Effect of Regulations LX LXIX of 1358 Fasli and Act

XXI of 1950 on this Act

With effect from the commencement of the Andhra Pradesh (Telangana

Area) Board of Revenue Regulation, 1358 F.) the A.P. (Telangana Area)
(Abolition of Jagirs) Regulation 1358 F.) and the Andhra Pradesh
(Telangana Area) Tenancy and Agricultural Lands Act 1950 (Act XXI of
1950) Regulation LXI of 1358 F. Regulation, LXIX 1358 F. Act XXI of 1950
respectively, the provisions of this Act are subject to the provisions of the
said Regulation and Act.

Section 2 Definitions

In this Act unless there is anything repugnant in the subject or context,

(1) 'Revenue Officer' means every officer of any rank whatsover appointed
under any provision of this Act or of the Andhra Pradesh (Telangana Area)
Record of Rights in Land Regulation, 1358 F. (Regulation LXIII of 1358 F.)
and appointed for carrying on the land revenue administration or who
discharges the function relating to survey, assessment and preparation of
accounts and records;

(1-a) 'Survey Officer' means an officer appointed under Section 12 of this

Act;

(1-b) 'land' includes all kinds of benefits pertaining to land or things

attached to the earth, or permanently fastened to things attached to the
earth and also includes shares in, or charges on, the revenue or rent which
are or may be levied on villages, or other defined areas;

(2) 'number' means a portion of land the area and other particulars of
which are separately entered with a number in the village records and
shall include a Pote number , if any, in a number.

(3) 'Pote number' means the portion of a number separately assessed and
entered in a register.

(4) 'residential site' mens the land set apart for the purposed of
constructing a house whether a house be constructed thereon or not and
also includes the court yard or ground enclosed by or appurtenant to a
house.

(5) 'boundary marks' means the marks made of earth, stone or any other
material, and also a fence, or embankment or any other object, whether
natural or artificial, set up, named or fixed by any competent officer, in
order to determine the boundary and also include the boundary marks
fixed before 1374 F.

(6) ' to hold land' or 'to be a land holder' of land means to be lawfully in
possession of land whether such possession is actual or not.

(7) 'holding' means a portion of land held by a holder.

(8) ' Superior holder' means a land holder entitled to receive rent or land
revenue from other land holders (hereinafter called inferior holders )
whether he is accountable or not for such rent or land revenue, or any part
thereof to Government;

(8-a) 'occupation' means possession;

(8-b) 'to occupy land' means to possess or to take possession of land;

(8-c) 'occupant' means a holder in actual possession of unalienated land

other than an asami shikmi; provided that where the holder in actual
possession is an asami shikmi, the superior holder shall be deemed to be
the occupant;

(8-d) 'occupancy' means a portion of land held by an occupant;

(9)

(9-a)

(10) 'Inam land' means the land exempted wholly or in part from payment
of land revenue and includes Maqta and Agrahar land:

(11) 'Pattadar' means the person who is directly responsible to the

Government for payment of land revenue and whose name has been
entered as such in Government records whether he be personally in
possession of the holding or through his Shikmidar;

(12) 'Shikmidar' means the person who like Pattadar possesses a title to
the land or who from the beginning has been jointly in possession of the
land with the Pattadar or who, before the commencement of this Act,m
has acquired by virtue of any regulation in force, or may acquire by virtue
of that law the right of a Shikmidar.

(13) 'asami shikmi' means a lessee, whether holding under an instrument

or under an oral agreement, and incudes a mortgagee of an asami shikmi
s rights with possession, but does not include a lessee holding directly
under Government;

(14) 'village' includes a town or city and all the land belonging to a village,
town or city;

(15) 'village officer' means the Patel and Patwari of a village;

(16) ' rent' means the consideration in money or kind or partly in money
and partly in kind paid or payable by a Shikmidar to his Pattadar or by an
Asami Shikmi to the holder of the land on account of the use or occupation
of the land held by him as Shikmidar or Asami Shikmi but shall not include
the rendering of any personal service];

(17) 'revenue' means the amount payable by the holder to the

Government at fixed periods for use of or entry into the land;

(18) 'chavadi' includes in any village, in which there is no chavadi, such

place as the Collector may direct shall be deemed to be the chavadi for the
purposes of this Act.

CHAPTER 2 Appointment and Powers of Revenue Officers

Section 3 Chief Controlling Authority in matters relating to

land revenue

(1) The Chief Controlling Authority in all matters relating to land revenue
shall be the Board of Revenue constituted under the Andhra Pradesh
(Telangana Area) Board of Revenue Regulation, 1358 F.) (Regulation LX of
1358 F.) (hereinafter in this Act referred to as the Board of Revenue),
subject to the Government in the Revenue Department.

Section 4

xxxx

Section 5

xxxx

Section 6 Appointment of Collector

The Government shall appoint in each district a Collector who shall be

subordinate to the Board of Revenue and shall exercise all the powers and
discharge the duties conferred or imposed on a Collector un this Act, or
any other law for the time being in force, and in all matters not specially
provided for by law shall act according to the instructions of the
Government. The Government may, if necessary, appoint in any district
Additional Collector who shall discharge such duties of a Collector as may,
from time to time, be determined by the Government.

Section 6A Additional Collector or Additional Taluqdar to have

had always the same powers and duties as the Collector or
Taluqdar

Subject to any special orders of Government in force at the relevant time

(a) An Additional collector shall have and shall be deemed always to have
the powers and duties of a Collector; and

(b) An Additional Taluqdar shall be deemed always to have had the powers
and duties of Taluqdar within their respective districts, whether under this
Act or under any other law for the time being in force read with the Andhra
Pradesh (Telangana Area) District Officers (Charge of Designation and
Construction of References) Act, 1950 Act XXXV of 1950.

Section 7 Appointment of Deputy or Assistant collector

(1) The Government may appoint in each district so many Deputy or

Assistant Collectors, as it may deem expedient, and they may be called
Additional Deputy or Assistant Collector or Divisional officer or by any
other name, as may be specified in the order of appointment. All the
Deputy or Assistant Collectors and all other officers, employed in the
revenue administration of the district shall be subordinate to the Collector.
(3) To such Deputy or Assistant Collectors as it may not be possible or
expedient to place in charge of a taluqa Collector shall, in pursuance of the
general or special order of the Government, assign such of his special
duties and powers as may, from time to time, appear fit.

Section 8 Deputy or Assistant Collector to hold charge of that

office in absence of Collector until person is appointed or
Collector resumes charge

If the Collector is not able to perform his services, or for any reason
vacates his office or leaves his district, or dies, the senior most Deputy or
Assistant Collector of the District who may be present in the district, shall
temporarily hold charge of the office, and for the purposes of this Act shall
be deemed to be a Collector until the Collector resumes charge or until the
Government appoints his successor and such successor takes charges of
his appointment. An officer whose principal functions are different from
those of a Deputy or Assistant Collector and who is appointed Deputy or
Assistant Collector for special purposes only, shall not be deemed to be
Deputy or Assistant Collector for the purposes of this section.

Section 9 Tahsildar, his appointment, duties and powers

(1) The Revenue officer entrusted with the revenue administration of a

taluqa shall be called a Tahsildar and he shall be subordinate to the
Collector and the Deputy or Assistant Collector concerned. He shall be
appointed by the Government or by an officer authorised by the
Government in this behalf by notification in the Official Gazette. His duties
and powers shall be such as may be expressly imposed or conferred by
this Act or by any other law for the time being in force, or as may be
imposed upon or delegated to him by the Collector under the general or
special order of the Government: The Government may, if necessary,
appoint more than one Tahsildar.
(2) The Government may appoint one or more officers to be designated as
Naib Tahsildar, to assist the Tahsildar in the revenue administration of his
taluqa, and may by general or special order confer upon the Naib
Tahsildars generally or any specified Naib Tahsildar all or any of the
powers of a Tahsildar under this Act or any other law for the time being in
force.

Section 10 Tahsildar may depute subordinates to perform

certain of his services

A Tahsildar may, subject to such general orders as may from time to time
be passed by the Board of Revenue or the Collector, depute any of his
subordinates to perform any portion of his ministerial or executive duties:
Provided that all acts and orders of the subordinates so appointed shall be
subject to modification and confirmation by the Tahsildar.

Section 11 Temporary arrangement of office of Tahsildar

If a Tahsildar is not able to perform his service or for any reason vacates
his office, or leaves his taluqa, or dies, the Peshkar or the superior clerk on
the establishment shall temporarily hold charge of the office and shall be
deemed to be the Tahsildar of that taluqa until the Tahsildar resumes
charge of the taluqa or until such time as a successor is appointed by
order of competent authority and takes charge of the office.

Section 12 Survey officers, their duties and powers

For the purposes of Chapters VII and VIII of this Act, the Government may
appoint such officers as may be from time to time appear necessary. Such
officers shall be designated "Commissioner of Survey Settlement",
"Commissioner of Land Records," "Assistant Commissioner of Survey
Settlement", "Assistant Commissioner of Land Records" or otherwise as
may appear requisite, and they shall be subordinate to one another in
such order as Government may fix. Subject to the orders of the
Government all matters, connected with survey and settlement, shall
relate to the officers so appointed and they shall exercise and perform all
such powers duties as have been fixed by this Act or any other law for the
time being in force.

Section 13 Combination of offices

The Government may appoint one and the same person, being otherwise
competent according to law, to any two or more of the offices provided for in this
Chapter or to confer upon an officer of one class all or any of the powers or
duties of any other officer or officers within any particular areas or otherwise as
may appear expedient.

Section 14 Appointment of officers to be notified

The appointment of all officers mentioned in Sections 3 to 9, 12 and 13

shall be notified in the manner as may be prescribed by the Government.

Section 15 Power of appointment of establishment

Subject to the rules made in this behalf under Section 172, the
Government shall regulate the power of appointment of all members of
establishment vested in Board of Revenue, Collector, Commissioner of
Survey Settle ment and Commissioner of Land Records in their respective
departments. The Government shall also determine, inter alia the powers
which the said officers may delegate to their subordinate officers. Provided
that the aforesaid officers shall always have a right of modification and
revision in respect of appointments made by their such subordinate officer.
Section 16 Power of Collector to transfer cases

A Collector may, after recording reasons, transfer any case from his own
or from that of any of his subordinate departments to any other
department or from that of his subordinate department to his own
department.

CHAPTER 3 CHAPTER

Omitted

CHAPTER 4 Land and Land Revenue

Section 24 All lands etc, are property of Government

All public roads, lanes, paths, bridges,ditches, dikes, rivers, streams,

tanks, ponds, canals, lakes, and flowing water and all lands, wherever
situated, together with all rights appertaining thereto are the property of
the Government excepting:

(a) those belonging to persons or class legally capable of holding property

and to the extent so far as their such rights are established;

(b) those in respect of which any other order under any law may have
been given. It shall be lawful for the Collector or other officer appointed by
the Government for this purpose subject to rules sanctioned by the
Government and contained in notification and the order of the Board of
Revenue, to dispose of them in his discretion; but the right of way or other
right legally vesting in any person or the public shall subsist.

Section 25 Assigning of land for special purposes to be lawful

When a village is under settlement, the Commissioner of Survey

Settlement or the Commissioner of Land Records in that Village and in
other cases with the sanction of the Board of Revenue, the Collector may,
subject to the orders of the Government set apart any Khalsa land not in
the lawful occupation of any person or class for pasturage of cattle or for
grass reserves or for other Government purposes or for the purposes of
public benefit; provided that it does not interfere with any right of any
person or class. The land so set apart shall not be otherwise appropriated
without the order of the Board of Revenue.

Section 26 Animals which shall graze on land set apart for

free pasturage of animals

The right of grazing on land set apart for free pasturage of animals shall
confine only to the animals of the village within the limits of which the land
is situate and for which it has been set apart. If there is a dispute as to
such right the decision of the Collector in respect thereof shall be
conclusive.

Section 27

Cases in which there shall be right to carry earth, stones, etc., from river,
stream or bed of tankThere shall be the right in the following cases,
without obtaining the permission and without payment of tax to carry from
a river, stream or bed of a tank and also from land which has not been
assessed or not been part for any special purpose, earth, stone, gravel,
sand, morrum inasmuch as has not been reserved by any order of the
Government:

(a) For any person for his private purpose in the village of residence and
for agricultural need in the village where he has residence or cultivation.

(b) For a potter or brick maker or tile maker or for the person who makes
use of any of the aforesaid articles in his professional work at the place
where he carries on the work of his profession but where trade in any of
these articles is carried on a big scale at any place and on account of
digging of earth therefor, there is risk of destruction and of becoming
useless of any building or cultivation or arising of difficulties in the ordinary
requirements of villages or endangering public health, the Tahsildar shall
for that purpose select and assign some plots and notify, the same and no
person among them shall be authorised to dig earth at any place other
than the said plots.

Section 28 Trees Irsali or Ghairi on land held by Pattadar

The Pattadar shall have full right over Irsali Ghairi trees within the limits of
land held by a pattadar, so long as he remains the pattadar of that land,
as also over the trees which may, after obtaining the patta have grown up
naturally or have been planted or have cropped up from the roots of trees
cut by the Forest Department. But the trees over which the Government
may have retained its proprietary right by notification shall be execluded
from the ownership of the pattadar.

Section 29 Right of pattadar to trees planted on occupied land

prior to his occupation

Trees Irsali or Ghairi in land in the occupation of pattadar which may have
been planted by the pattadar or by the persons of whom the present
pattadar is a successor: on the ownership or which may have been
acquired by the pattadar or his predecessors by other lawful means, shall
belong to the present Pattadar and remain at his disposal by all means and
the Government shall have no right of any kind thereto; but the Pattadar
shall have full rights over such trees as have not been planted by the
Pattadars or by his ancestors or by a former Pattadar whose successor he
is and to which the right of the Government may be subsisting, if they
have not been felled by the Forest Department or sold by fixing the price
to the present pattadar under rules made by the Government by
notification.

Section 30 Trees outside occupied tracts or in bed of rivers,

streams, etc.

All trees being outside the occupied tracts or in river, stream or on road or
in the bed of tank and pond or on the bund shall be deemed to be the
property of the Government.

Section 31 Sale of Irsali trees out side reserved area

In the taluqas in which boundaries of existing forest have been

demarcated by the Forest Department, the x x x Collector may, if he
deems fit to be let out for cultivation such land as are excluded from the
boundaries fixed, sell the trees therein at a reasonable price and let out
the land for cultivation and credit the sale proceeds of the timber to the
Forest Department; but in case the valuable Irsali timber therein be in
abundance an intimation in writing for sale of timber shall be given to the
District Forest Officer. It shall be incumbent on the Forest Department
either to fell or sell the trees within one year from the date of receipt of
the intimation, otherwise the Collector on the expiry of the said period
may, at his own instance, sell and credit the amount to the Forest
Department, and in case it is not deemed fit to fell such trees, they may
be preserved and including the land on which those trees lie patta of the
remaining land may be given.
Section 32 Letting out for cultivation unoccupied land
containing valuable trees situate in taluqa where forest
boundaries have not been demarcated

If the xx Collector in taluqas where reserved forest has not been

demarcated, deems fit to let out for cultivation the unoccupied land
beyond the proposed boundaries containing forest or valuable trees he
shall consult the Forest Department and, if with the concurrence of
competent officer of the Forest Department occupation of such land is
given to any person the provisions of the preceding section shall apply
thereto.

Section 33 Fresh patta within reserved forest to be given in

consultation with Conservator of Forests

Unless land is set apart demarcated for cultivation within the limits or
reserved forest no fresh patta shall be given without consulting the Chief
Conservator of Forest.

Section 34 Proprietary rights over toddy and sendhi trees and

the rights to plant such trees

(1) Subject to the provisions of this section and Section 25 all toddy and
sendhi trees standing for the time being within the limits of the land legally
occupied by a pattadar, shikmidar or any other person in possession
(hereinafter referred to in this section as owner) whether grown by such
person or not, shall be deemed to be the property of the owner. Such
owner shall not however be entitled to plant toddy and sendhi trees within
the limits of such land without obtaining the permission of the
Government.
(2) The owner shall not be entitled to tap the trees referred to in sub
section (1) or get them tapped by any person other than a person
authorised by the Government. An owner, who permits the trees to be
tapped by a person authorised by the Government, shall be entitled to
charge such person for each tree not more than 25 per cent of the tree tax
payable for the tree to the Government in accordance with the laws and
rules for the time being in force.

(3) Nothing contained in this section shall be deemed to exempt the juice
of such trees from any excise duty that may be leviable thereon under any
law for the time being in force.

Section 35 Proprietary rights of Government over toddy,

sendhi and gulmohwa trees

Notwithstanding anything contained in Sections 34 and 38 with effect from

the date of the coming into force of the Hyderabad Land Revenue
(Amendment) Act, 1956 (XXXII of 1956), all the toddy, sendhi and
gulmohwa trees standing within the limits of any land that may be given
on patta on or after the date, shall belong to the Government and the
pattadar, Shikmidar or any other person in possession shall not be entitled
to plant such trees within the limits of such lands without obtaining the
permission of the Government.

Section 36

Omitted

Section 37 Rules relating to lopping of Sendhi and toddy and

tapping trees to apply to trees belonging to Government

Rules and orders relating to the lopping of sendhi and toddy trees which
are now in force or may hereafter be enforced by the Government by
notification shall apply to trees belonging to the Government only. Lopping
of trees belonging to Pattadar and use of leaves, fruits and wood shall be
exempted from such restrictions and orders.

Section 37A Duty of Pattadar or tenant to report illegal

tapping of toddy and sendhi trees

(1) The pattadar, tenant or other person, in actual possession of land on

which any toddy or sendhi tree stands must report in writing or in case
where he does not know writing, orally to the Patel or Patwari of the
village any case of tapping of such trees as soon as possible after he
becomes aware of such tapping and on receipt of the information by Patel
or Patwari, as the case may be, he must issue written acknowledgment
thereof to the reporter, and in case of illegal tapping he must report the
same to the Abkari authorities concerned.

(2) Any contravention of sub section (1) shall be punishable with fine
which may extend to the amount of the tree tax payable, in respect of the
tree illegally tapped, in accordance with the laws and rules for the time
being in force.

Section 38 Proprietary right over Gulmohwa trees and the

rights to plant such trees

(1) Subject to the provision of this section and Section 35, all gulmohwa
trees standing for the time being within the limits of the land legally
occupied by a pattadar, shikmidar or any other person in possession
(hereinafter referred to in this section as owner) whether grown by such
person or not, shall be deemed to be the property of the owner. Such
owner shall not however, be entitled to plant gulmohwa trees within the
limits of such land without obtaining the permission of the Government.

(2) The pattadar shall not be entitled to ferment any Gulmohwa grown on
such land or to sell such Gulmohwa to any person other than a person
authorised by Government. If the Pattadar sells such Gulmohwa to a
person so authorised the Pattadar shall not be entitled to charge such
person more than 25 per cent of the amount payable to such person by
the Government in accordance with the laws and rules of the time being in
force relating to supply of Gulmohwa to Government.

(3) Nothing contained in this section shall be deemed to exempt any

Gulmohwa grown on such land from any excise duty leviable thereon
under any law for the time being in force.

(4) Any owner who is desirous of grazing his cattle within the limits of
such lands shall inform the Excise Commissioner of his intention, in
writing, in the form prescribed and within the period notified by the Excise
Commissioner. Failure on the part of an owner to give such information
shall mean that he is willing to have the gulmohwa on the said lands
collected by the person authorised by the Government in this behalf. Such
owner, shall not, however, be entitled to store gulmohwa exceeding five
seers.

(5) Any owner who stores gulmohwa in contravention of the provisions of

sub section (4) shall be liable to a Penalty not exceeding Rs. 200, such
penalty may be imposed by the Collector or any other Officer empowered
by the Government in this behalf.

Section 39 Right to fruit bearing trees in occupied land

Fruit bearing trees standing for the time being within the limits of the land
legally occupied by a Pattadar, whether grown by the Pattadar, or not,
shall be deemed to be the property of the Pattadar and the Pattadar shall
be fully entitled to the use of such trees.

Section 40

Omitted

Section 41 Procedure where land is in occupation of one

person and another person has right on trees

If the right or possession of another over existing trees in any holding is

recognised it shall subsist, but in future whenever the holder of the land
tenders a compromise or dies heirless or absconds, the Patta of such land
may be made in the name of the owner of the trees and in case he refuses
to take Patta his right to the trees shall cease.

Section 42 Procedure for trees planted in unoccupied land by

any person and retained in his possession

If in an unoccupied land there are trees planted by any person and they
are in possession of the planter the Patta of such land may be made in his
name but if he refuses to have the Patta made in his name his right to
such trees shall cease.

Section 43 If in event of pattadar absconding or dying or

tender in compromise, right of any other person to land is not
recognised, trees to be property of Government

If any Pattadar absconds or dies or tenders compromise and in case the

rights of the Pattadar or his heirs or Asami Shikmis are regards restoration
of land have not been recognised the trees standing on such land shall be
deemed to be the property of the Government.

Section 44 Land may be let out free of assessment for

planting shady trees for public benefit

If any person plants by the side of the road or close to it or around an inn
or such wakf buildings where travellers put up or at places which are
camps for travellers or troops, shady trees, whether fruit bearing or not so
that travellers may have amenities under their shade, land may be given
by the Government free of assessment of planting such trees.

Section 45 Conditions on which land for raising groves may

be given

If any person desires for his own benefit to arise in the land laying barren
or waste outside the reserved forests for more than ten years, and does
not contain any valuable forest trees, a mango grove, tamarind grove,
babul or grove of any other kind of trees as may in some manner be
deemed to be of public benefit as well, such land may be obtained by the
order of the Collector, free of assessment for twenty years and after
twenty years it shall be assessed at the dry rate, provided that the
Government water is not taken; but if the Government water is taken
"dastband" shall be paid. The applicant shall plant annually trees in at
least one fifth portion of the land so that the trees may be planted in the
entitled land within five years. If the trees in sufficient number with regard
to their kind are not planted within five years in the whole land that
portion of land in which trees have been planted shall, remain free of
assessment and the rest shall be assessed from the sixth year; Cultivation
between the trees shall not be prohibited.

Section 46 Procedure where Pattader is felling trees

belonging to Government

A Pattadar shall not fell fruit bearing trees or timber, Irsali, and Ghairi
which have been declared to be belonging to the Government. If a person
without the permission of an authority, cuts any tree or its roots or
appropriates it to his own use or carries it away, the price thereof together
with a penalty which may extend to double the price of the tree, shall be
recovered from him as a revenue demand.

Section 46A Restrictions on felling of sendhi, toddy and

gulmohwa trees and fruit bearing trees

(1) Notwithstanding anything contained in Sections 34, 38 and 39 the

Government may by notification in the Official Gazette prohibit or regulate
the felling of sendhi, toddy and Gulmohwa trees and fruit bearing trees of
any specified kind in such area and subject to such conditions and
restrictions as may be specified in the notification.

(2) No notification shall be made under sub section (1) until after the issue
of a general notice to the owner of such trees in the local area concerned
calling upon them to show cause within a reasonable period to be specified
in such notice why such notification should not be made and until their
objections, if any, and any evidence that they may produce in support of
the same have been heard by an officer duly appointed by the
Government in that behalf and have been considered by the Government.

(3) The notification referred to in sub section (1) shall be published in the
locality, and the notice referred to in sub section (2) shall be served, in
such manner as may be laid down by rules made under this Act.

(4) The Government may by order delegate its powers under sub sections
(1) and (2) to the Collector or such other officer as the Government thinks
fit subject to such conditions and restrictions, if any, as may be specified
in the order.

(5) If any tree mentioned in sub section (1) is cut in contravention of any
prohibition, condition or restriction imposed under that sub section the
Pattadar of the land on which the tree stood or where the Pattadar has not
cut or authorised the cutting of the tree any other person who has cut or
authorised the cutting thereof shall be liable to a penalty not exceeding
the market value of the tree as determined by the Collector and such
penalty shall be recoverable from the Pattadar or such other person, as
the case may be, as an arrear of land revenue and the trees shall be
forfeited to Government by order of the Collector.

(6) The powers of the Collector under sub section (5) may be exercised by
any other officer who is authorised by Government in this behalf.

Section 47 Permission to take wood from waste land out side

reserved forest

Where trees are standing in any waste land outside the reserved forests
the ryots in general of the village may take firewood and agriculturists
such wood as may be required for agricultural implements without
payment of any tax and subject to rules made by the Government by
notification. Land Revenue

Section 48 All land to be liable to payment of land revenue

save in case of remission

All land, whether applied to agricultural or any other purpose, and

wherever situate shall be liable to payment of land revenue to the
Government in accordance with the provisions of this Chapter and
Chapters VII and IX except in case title to land has been transferred to
any Local Authority or the revenue thereof has been wholly remitted under
any special contract with Government or under any order or law.

Section 49 If alluvial land be within land excluded from

Government demand, etc., shall be subject to original land for
purpose of payment of land revenue

All rights, conditions, restrictions and liabilities in respect of payment of

land revenue applicable to any land excluded from Government demand or
Mukta or Inamjodi shall also apply to alluvial land within the limits of such
land or which has come up from the river bed on account of the river
abandoning its course but land revenue shall not be leviable in respect of
any such land or river bed unless the area of the same exceeds the area
mentioned in Section 55.

Section 50 Land revenue to be assessed according to use of

land for various requirements

Land revenue shall be assessed according to the various modes of use.

(a) Agricultural use.

(b) In addition to agricultural use any other use from which profit
advantage is derived.
When rate is assessed on any land for any one of the aforesaid purposes
and the land is appropriated for any other purpose the rate thereof shall
be altered and fixed again, although the term of subsisting settlement may
not have expired. If any land granted by the Government with remission of
land revenue for any special purpose is appropriated to some other
purpose against the intention of the grant, the land revenue thereof shall
be recovered. It shall be lawful for the Collector, and in case a taluqa is
under settlement, for the Commissioner of Survey Settlement or
Commissioner of Land Records after giving a hearing to the land holder to
prohibit its appropriation for any particular purpose and record reasons
therefor and to summarily evict the holder who may have appropriated the
said land to prohibited purpose.

Section 51 Settlement of land revenue with whom to be made

The settlement of the land revenue of each number or pote number shall
be made with the pattadar of the number of pote number. If such person
be absent and there be no authorised agent of his in the district, such
settlement shall be made with the person who has acquired from him the
occupancy right of such land or who is on his behalf in occupation of such
land; but if the pattadar is of unsound mind or is a minor or incapable to
contract, the settlement of land revenue shall be made with his lawful
guardian or after six months notice with the Shikmidar or the Asami who is
the land holder.

Section 52 Assessment of land revenue by whom and how to

be made

In respect of land on which land revenue is wholly or partially recoverable

and for which settlement of assessment has not been duly notified, the
Nizam Jamabandi shall, with due regard to subsisting rights assess the
land revenue but the assessment of land for which settlement has not
been made shall not be increased or decreased until settlement is made.

Section 53 Water rate

The Government may confer upon the Collector or any officer the power to
fix such rate, as may be deemed fit to recover for use of water which is
either the property of the Government or which the Government has by
constructing and repairing an anicut or by any other means made available
for cultivation and with regard to the use of which rate has not already
been fixed on the land. Such rate shall be liable to revision after a period
which Government may with regard to the principle and rules of
settlement, determine and it shall be recoverable as Government land
revenue.

CHAPTER 5 Occupation of Khalsa Land and Right of Occupants

Section 54 Procedure for acquiring unoccupied land

(1) When any person is desirous of taking unoccupied land he shall before
occupying the land submit a petition to the Tahsildar and obtain his
permission in writing.

(2) On such petition being submitted, the Tahsildar may, in accordance

with the rules made by the Government in this behalf from time to time,
give permission in writing for occupation.

Section 54A Procedure in respect of land acquired for purpose

of public and no more required
When agricultural or pasturage land acquired for public benefit is no longer
required the patta thereof shall be made in the name of the person or his
successor from whom, such land was acquired provided he consents to
refund the compensation originally paid to him. If such person or his
successor does not take the land, it may be given on patta under Section
54.

Section 55 Rules relating to alluvial land

Alluvial land, upto two guntas where it is wet and upto one acre where it is
dry shall remain, without collecting any revenue in the occupation of the
holder of the adjacent land, and if it exceeds that extent it shall be let out
as unoccupied Khalsa land but the holder of the adjacent land shall have
preference over others.

Section 56 Rules relating to diluvial land

If diluvial land is upto two guntas where it is wet and upto one acre where
it is dry, the pattadar of the land shall not get any rebate in its revenue
and if it exceeds that extent rebate shall be given in its revenue.

Section 57 Procedure when person unlawfully occupies

unoccupied land or uses land without title

(2) In case of every occupation of unlawful use the decision of the [........]
Collector [ .............] as to the assessment of land revenue shall be
conclusive and for the purposes of assessment of land revenue occupation
for a portion of a year shall be deemed to be an occupation for a whole
year.

(3) The [.............] Collector [..........] may summarily evict from land any
person having unlawful occupation or use and attach the crop raised on
such land. Similarly if any building or construction of any kind is erected
on such land; the [........] Collector [.......] shall have power to grant
reasonable opportunity (which shall not be less than one month) and give
to the landholder an order in writing to remove such building or
construction from the land. If the holder does not comply with the order
within the period fixed the Collector at its expiry shall have authority to
attach such building or construction or to summarily demolish and remove
it from the land.

(4) After the property is attached by the order of the [.......] Collector
[........] the attached property shall be managed according to his
discretion, and if there be any encroachments on such property, the cost
incurred in removing them under the provisions of this section shall be
recoverable from the unlawful occupier or the person who has unlawfully
used it, as the case may be, as an arrear of land revenue.

Section 58 Occupancy right is heritable and transferable

An occupancy right to land shall be deemed to be heritable and

transferable.

Section 58A Sanction of Collector for transfer of occupied land

compulsory in certain cases

(1) Notwithstanding anything contained in the preceding section the

Government may, by Official Gazette notify in respect of any village or
tract of the area to which this Act extends that the right of occupation of
any land under Section 54 given after the date of the notification shall not
be transferable without obtaining the previous sanction of the [ ] Collector

(2) The Government may also as its discretion from time to time notify by
Official Gazette, that any part or person or class of persons of such village
or tract of the area to which this Act extends to which the provisions of
sub section (1) have been made applicable shall be exempt from the said
provisions.

Section 58B Procedure in case of transfer by order of Court of

land not transferable without sanction of Collector

Where right of occupancy of any land is declared non transferable without

the sanction of the .... Collector ... and the Collector has not given
sanction for its transfer and the transfer of such occupation has been
made by the order of a Civil court or the Civil Court has passed a decree
regarding its transfer or its decree or order is founded on such transfer as
has been affected without the sanction of the Collector.

(a) no process of the Civil Court shall have effected on such land nor any
transfer thereof shall be considered as valid; and

(b) Where a certificate is produced before such Court under the hand and
seal of the ... Collector ... to the effect that right of occupancy of the land
is not transferable without the sanction of the Collector which should be
previously obtained and that such sanction has not been given, such court
shall remove any attachment of land if it has been made or cancel any
other process if it has been unissued in respect thereof or if the land has
been sold auctioned or any such auction has been made as affects right of
occupsancy of such land, shall also cancel every such sale.

Section 59 Who shall be Pattadar on death of Pattadar

On the death of a Pattadar of Khalsa land the name of the person who is
lawfully entitled under a will and if there be no such person, of the nearest
heir, and if there are several heirs of equal degree, of the one who by
custom has the right of primogeniture shall be entered in the register by
the Collector and the names of the remaining heirs shall be entered as
Shikmidar. But, if at anytime, any person produces against the claimant,
of a patta a decree of a competent Court as regards his right of preference
amendment in the Government records shall be made in accordance with
the decree.

Section 60 Occupancy right to be sold in case Pattadar dies

intestate or heirless

Where a Pattadar dies intestate or without making a will, the occupancy

right of land held by him shall be sold and after deducting expenses of sale
the arrears of land revenue, if any, shall first be paid from the sale
proceeds and the remainder shall be dealt with as unclaimed property.

Section 61 Occupant to be entitled to construct godowns and

wells, etc., or otherwise improve conditions of land

(1) Every occupant shall be entitled to construct or repair godowns or

wells on land occupied by him or otherwise improve its condition and shall
not be entitled except with the written permission of the Collector to
appropriate agricultural land to purposes other than agricultural. If no
written reply for such permission is given by the Collector for three months
from the date of presentation of the application, the application shall be
deemed to have been granted. In every such case the Collector on receipt
of the application, shall furnish a written acknowledgment thereof and
without unnecessary delay communicate to him the sanction of refusal of
the application, and the Collector at the time of granting such application,
may, in addition to the new assessment payable under Section 50, if
necessary, after recording reasons therefor introduce such conditions as
he may have settled with the consent of the occupant.
(2) No occupant of land shall be entitled to construct or repair any tank or
kunta without the permission of the Government.

Section 62 Procedure in case of agricultural land appropriated

to non agricultural purposes

The Collector may take action under Section 57 against a pattadar or

Shikmidar who has, without permission, appropriated agricultural land to
non agricultural purposes.

Section 63 Right to all mines vests in Government

Right to all mineral products vests in the Government and no person shall
excavate anything from any mine without permission. But this section shall
have no effect on subsisting rights.

Section 64 Occupant may relinquish or transfer occupancy

right to another

A pattadar may, before expiry of the date fixed by the Government by

notification in this behalf, by presenting a compromise relinquish the land
occupied by him or get it transferred in the name of any other person, but
he shall remain responsible for the Government demands due by him. A
compromise not applying to a whole number or a whole pote number shall
not be acceptable.

Section 65 Right of way on relinquishing land to vest in future

holder

If any person relinquishes land, the way to which lies through other land
occupied by him the right of way shall continue to the person who shall
hold land in future, provided there is no other way equally convenient.

CHAPTER 6 Superior Holder and Shikmi Holder

Section 66 Liability and rights of Pote Pattadar

A Pote pattadar shall pay on his portion of land proportionate land revenue
and so long as he continues to pay the land revenue for his share he shall
not be evicted from his portion of land. The pattadar shall not be entitled
to enhance the Government land revenue on the land of the pote pattadar.

Section 67 When shall Asami Shikmi have perpetual

occupancy right

Where no agreement has been made between the Pattadar and Asami
Shikmi pertaining to the period of possession, and the possession by the
Asami Shikmi has been for a continuous period of twelve years he shall be
deemed to be a Shikmidar and he shall have permanent right as against
the Pattadar. If any person has been from the commencement of
cultivation or the patta jointly cultivating with the Pattadar he shall be
deemed to be a Shikmidar until a decision of a Court of law to the contrary
is obtained:

Provided that an Asami Shikmi who has been in possession of any bil
Maqta land in an ijara village for a continuous period of 12 years, whether
there was any agreement between the Ijaradar and the Asami Shikmi
pertaining to the period of cultivation or not, and every person who has
from the commencement of cultivation or from the time patta was granted
to the Ijaradar, jointly with such Ijaradar cultivated and bil Maqta land
held by such Ijaradar, shall be deemed to be a Shikmidar in respect of
such bil Maqta land.

ExplanationIf an Asami Shikmi remains out of possession for a period of

more than one year and during that period takes no action against the
pattadar for possession, such period shall not be deemed to be continuous.

Section 67A Conferment of Pattadari rights on Shikmidars

Notwithstanding anything in any law usage, contract, grant, decree or

order of a court but subject to the provisions of Section 166 B.

(i) a Shikmidar who was granted a Shikmidar certificate in respect of any

land by a Revenue Officer, shall be declared as pattadar of that land by the
Deputy Collector in whose jurisdiction the land is situtate, within a period
of seven years from the date of commencement of the Andhra Pradesh
(Telangana Area) Land Revenue (Amendment) Act, 1964 and the Deputy
collector shall issue a certificate to that effect in the prescribed form and
give intimation thereof to the former pattadar of that land; and such
certificate shall be binding on the former pattadar;

(ii) where no Shikmidari certificate was granted to a Shikmidar in respect

of any land by a Revenue Officer as provided in clause (i), the Deputy
Collector, shall on an application made within a period of seven years from
the date of commencement of the Andhra Pradesh (Telangana Area) Land
Revenue (Amendment) Act, 1964, or may, suo motu at any time, after
making an inquiry in the prescribed manner declare the Shikmidar as
pattadar of that land and issue a certificate to that effect in the prescribed
form and give intimation thereof to the former pattadar of that land and
such certificate shall be binding on the former pattadar.

(iii) where a Shikmidar is declared to be a pattadar in respect of any land

under clause (i) or clause (ii), the former pattadar of land, who has not
received the price payable therefor from the Shikmidar, shall within a
period of one year from the date of intimation to him, apply to the Deputy
Collector for the determination of the reasonable price to be paid to the
former pattadar for that land by the Shikmidar:

Section 67B Validation of certain transfers of land conferment

of pattadari rights on transferees

(1) Notwithstanding anything in this Act where, before the commencement

of the Andhra Pradesh (Telangana Area) Land Revenue (Amendment) Act,
1964, any transferee has in good faith purchased or otherwise acquired
the interests of the Shikmidar in the land either directly from the
Shikmidar or from any other person who in good faith acquired such
interests, and where such transferee is in possession of the land on such
commencement, he shall within a period of seven years from such
commencement apply to the Deputy Collector within whose jurisdiction the
land is situate for declaring him as pattadar of that land.

(2) Where transferee has made an application for declaring him to be a

pattadar in respect of any land under sub section (1), if the former
pattadar has not received the price payable thereof from the transferee,
the Shikmidar or any other person who in good faith purchased the
interests of the Shikmidar in the land, such former pattadar shall, within a
period of one year from the date of intimation to him by the Deputy
collector of such application, apply to the Deputy Collector for the
determination of the reasonable price to be paid to him by the transferee.

(3) On receipt of an application under sub section (2), the Deputy

Collector shall give notice to the applicant and the transferee and to all
other persons who appear to him to be interested of the date, time and
place at which he proposes to inquire into the application and on the
completion of the enquiry, he shall determine the reasonable price payable
for the land by the transferee to the applicant; Provided that the amount
so determined as reasonable price shall not be more than ten times and
less than eight times the difference between the rent paid or payable by
the Shikmidar to the former pattadar for the year 1952 and the land
revenue paid or payable for that year by the former pattadar to the
Government in respect of that land.

(5) The Deputy Collector shall after satisfying himself that the price
payable to the former pattadar referred to in sub section (2) has been paid
or has been deposited within such time and in such manner as may be
prescribed, require the transferee to deposit in the office of the Deputy
Collector an amount equal to the registration fees and the stamp duty that
would have been payable had the transferee been effected by a registered
document in accordance with the provisions of the Indian Registration Act,
1908. On the deposit of such amount, the Deputy collector shall issue a
certificate in the prescribed form to the transferee declaring him as
pattadar of that land and such certificate shall, notwithstanding anything
in the Indian Registration Act, 1908, be conclusive evidence of such
transfer".

Section 68 Liability of Shikmidar to payment of land revenue

A Shikmidar shall pay on the land held by him only so much of fixed rent
or share of produce as may be due in accordance with the agreement
entered into between him and the pattadar or pote pattadar; and if no
such agreement has been entired into as much as he was paying in
accordance with the usage in previous years, and so long as he continues
to pay the rent he shall not be evicted from the land in his possession.

Section 69 When rent may be enhanced on Shikmidar

The rent on the Shikmidar may be enhanced in the following cases only:

(a) When after expiry of term of settlement an enhancement in the

assessment of land revenue on the land held by the Shikmidar is made by
the Government or at any time any new local tax is levied by the
Government, the Shikmidar shall be liable to a proportionate increase,
provided that no agreement to the contrary has been entered into.

(b) When the term of agreement between the pattadar and the Shikmidar
expires and the right of the pattadar to enhance the rent after the expiry
of the term has been agreed to under the agreement the enhancement
may be made under the terms of the agreement.

(c) If, apart from the labour and expenses of the Shikmidar through the
expenses of the pattadar or owing to other reasons the capacity or the
area of the land is improved an enhancement may be made with regard to
such improvement provided that no agreement to the contrary has been
entered into and enhancement shall not be made again within five years.

Section 70 When Shikmidar shall be entitled to reduction of

rent

A Shikmidar shall be entitled to reduction of rent in the following case

only:

(a) When any reduction in the land revenue in respect of land held by the
Shikmidar is made by the Government or any local tax is remitted by the
Government in proportion thereto provided that no agreement to the
contrary exists.

(b) When it may be so provided in the agreement.

(c) When the area or capacity of the land diminished owing to some
reason, not being the result an act of the Shikmidar, provided that no
agreement to the contrary has been entered into.
Section 71 Liability of Asami Shikmi respecting payment of
rent and procedure when Shikmi relation is not desired to be
maintained

If no agreement has been entered into with the Assami Shikmi the same
rent as was due for the previous year shall be recoverable either in cash or
share of produce and if the Asami Shikmi has from the beginning taken
possession of the land without any agreement, such rent shall be fixed as
is realised for land of similar capacity from Asami Shikmi in the
neighbourhood. The pattadar shall not be entitled, after the
commencement of the agricultural year, to make any variation without the
consent of the Asami Shikmi, in the terms or the rent for that year, or to
evict the Asami from the land. If the pattadar desires to vary the terms or
evict the Asami for which there is no express agreement as written notice
of enhancement of rent and other conditions of eviction shall be given to
the opposite party three months before the termination of the agricultural
year or if the person giving the notice so desires such notice may be given
through the Tahsil Office under the rules made in this behalf. If the Asami
Shikmi agrees to the rent and terms he shall retain possession of the land
during the following year, otherwise he shall relinquish the land. If he
retains his possession notwithstanding the receipt of notice he shall be
bound to pay the enhanced rent and observe the conditions set forth in the
notice; and if the notice before eviction the Asami Shikmi shall have no
right of possession during the following year. Asami Shikmi, after
commencement of the agricultural year, shall not be authorised to
relinquish the land for the whole year, without payment of rent, but if he
desires to relinquish, he shall as therein before specified, notify the
pattadar three months before the termination of the current agricultural
year. Application regarding enhancement or reduction of rent eviction shall
be presented and heard in the Tahsil.

Section 72 Application for arrears of land revenue or rent in

Tahsil within three years

If a pote pattadar Shikmidar or Asami Shikmi does not pay the land
revenue or rent in time, application in respect of the same may be
presented in Tahsil within three years from the date of its becoming due
and the decision of the Tahsil shall be enforced under the rules for the
realisation of land revenue, but this procedure shall not be a bar to seek
remedy in the Civil court.

Section 73 Procedure in case of remission or suspension of

land revenue

If land revenue is wholly or partially remitted or suspended by the

Government the remission or suspension shall also apply to the rent of
pote pattadar, Shikmidar and Asami Shikmi according to the shares;
provided that no agreement has been made to the contrary.

Section 74

Omitted

Section 75 Penalty when proved that land holder has by force

recovered any amount in excess of fixed land revenue or rent

When it is proved to the Collector regarding any land holder that he has
unlawfully recovered from any Shikmidar or Asami Shikmi an amount in
excess of fixed land revenue or rent payable under the provisions of this
Chapter, the Collector shall get the amount recovered in excess refunded
to the aggrieved person and may also levy on him a fine not exceeding the
amount recovered in excess and the Collector may also, if he deems fit
order to pay a portion of the amount of fine recovered to the aggrieved
person by way of damages.
Section 76 In default of payment of land revenue it shall be
lawful in certain cases to cease and auction right of pattadar
and make any co occupant or other concerned person a
pattadar

When it appears to Collector that a pattadar with intent to defraud or

cause injury to Shikmidar or other person interested in the number, has,
wilfully not paid the land revenue and rendered the number liable to
attachment and sale, the Collector may instead of attaching and selling the
right of occupancy, attach only the title of such pattadar, and on condition
of payment of the whole amount of land revenue due on that land cause
the name of the Shikmidar or the person interested in such number to be
entered as a pattadar in the village records. The person whose name may
be so entered in the village records shall acquire the same rights as the
original pattadar.

CHAPTER 7 Settlement and Partition of areas

Section 77 Government may introduce revenue survey into

any part of Dominions

The Government may whenever they deem it expedient, issue order to

make survey of any land in any part of the area to which this Act extends,
for the purpose of settlement and assessment of land revenue and record
and preservation of the rights relating thereto, or for any other similar
purpose. Such survey shall be called the revenue survey. Such survey may
be made of the land of any village, town or city generally of such land only
as the Government may direct; and subject to the orders of the
Government the Officers conducting such survey may exempt from survey
any land the settlement of which does not appear expedient. The entire
power to control every such survey shall vest in the Government.
Section 78 Land holders, etc., may be made by general notice
or summons, to attend survey operations and assistance of
village officers, and officers, concerned may be taken

The Survey officer may require, by general notice or summons, the

attendance of all land holders and all persons interested in such land,
person or through an authorised agent acquainted with the facts and able
to answer material questions, and the presence of village servants and
officers concerned, who are, legally or by usage, bound to perform their
functions by virtue of their offices and services and also take from them
such assistance in the operation of survey as may not be inconsistent with
their dignity and position.

Section 79 No number to comprise of less than fixed area

Number of any cultivable land shall not be made of less or greater area
than fixed by the Government for each district according to different types
of land and a statement showing the area fixed shall, before the
commencement of the survey be displayed at a conspicuous place in each
village. These provisions shall not apply to the numbers which have
already been made of a lesser area or which have been made under the
special order of a superior Survey officer or which may be made,
separately demarcated, under the order of the Collector ........ in
accordance with the provisions of Section 25 for purpose other than
agricultural.

Section 80 When pattadar or pote number tenders

compromise it may be made over to any one of pote pattadars
of same number

(1) If a pattadar of a pote number of any number tenders comprise the

pote number shall be made over to such person from among the Pote
pattadars as may be entitled thereto and if there is no such person or he
does not take it then to him who pays the largest amount of land revenue
and if he also does not take, all the pote pattadars of the same number
shall in the same manner successively have the right.

(2) ......................

Section 81 Settlement officers to make assessment

Subject to rules made under Section 172 the Survey officer shall, with due
regard to laws and subsisting rights, make the assessment on all lands
within the local limits in respect of which an order may have been under
Section 77. Provided the land is not wholly exempt from the land revenue
; but nothing in this section shall be construed to prevent the Survey
officer from making or registering the assessments on land wholly exempt
from land revenue or specially expected under Section 77 from settlement
or from dividing into numbers all such land where the survey is being
made.

Section 82 Assessment of land revenue may be made directly

of land or of means of irrigation

Where assessment is to be made on the land which is used for agricultural

purpose only, the aforesaid powers shall also include the power to make
assessment either directly on the land or to fix a rate of tax for water
according to the means of irrigation, provided that of tax has been fixed
on such means of irrigation under Section 53 or any other law or that land
is assessed in some other manner approved by the Government.

Section 83 Assessments made in settlement shall not be

recovered without sanction of Government

The assessment made by the Survey Officer shall not be recovered without
the sanction of the Government. The Government shall after proper
modification, sanction such assessment for any fixed term which in the
case of the agricultural land shall not exceed thirty years.

Section 84 Announcement of assessment how made

When the assessment fixed by the settlement for the agricultural land is
sanctioned by the Government a Survey Officer not lower in rank than an
Assistant Commissioner or in his absence the Collector either himself or
through any Deputy or Assistant Collector shall fix a date for the
announcement of the assessment and at a reasonable time before hand
make proclamation and on such date shall publicly announce the
assessment fixed on each number. No person by being absent at the time
of announcement shall be absolved from any liability to which he may be
subject under the announcement of assessment.

Section 85 When assessment fixed shall be levied

In the agricultural year in which a settlement, whether original or

subsequent, is announced under the last preceding section, assessment
fixed shall not be levied but it shall be levied in the subsequent year as
may be fixed in the announcement of assessment. Any person who does
not agree with the assessment fixed may, before the commencement of
that agricultural year, file a compromise under Section 64.

Section 86 Preparation of register

(1) The Survey Officer shall, at each settlement, prepare a separate
register for each village showing the area and assessment of each number
together with the name of the pattadar. This register and other records
shall be prepared in accordance with the rules made by the Government
by notification.

(2) .......................

(3) ........................

Section 87 Settlement officer to correct clerical and other

errors admitted by all parties and application for correction of
name to be made within two years

The Director of Settlements and on making over the settlement records to

the Collector, the Collector may, at any time, correct or cause to be
corrected any clerical error or errors admitted by the party concerned. The
aforesaid officer shall hear all applications made within two years after the
introduction of the settlement, for the correction of any wrong entry of a
pattadar's name in the register referred to in the preceding section and if
satisfied about the error whether such error has been made through
negligence, fraud, or collusion shall correct the same, notwithstanding that
the party concerned does not admit the error but no such application shall
be entertained after two years, unless reasonable cause is shown to the
said officer for the delay, and in such cases if any error is proved it shall
not be corrected without obtaining the sanction of the Government.

Section 87A Delegation of powers of Government

(1) Notwithstanding anything in this Act, the Government may, by
notification published in the Andhra Pradesh Gazette, delegate their
powers under Section 87 to the Settlement Commissioner, and may, by
like notification, withdraw any such delegation.

(2) The exercise of the powers delegated under sub section (1) shall be
subjected to such restrictions and conditions, if any, as may be specified in
the notification.

Section 88 Settlement records to be made over Collector who

shall cause village records to be prepared

(1) The settlement register and other records prepared by the Survey
officers shall be made over to the Collector, who shall cause Village
records to be prepared in accordance therewith.

(2) .......................

Section 88A

.........................

Section 89 Division of numbers and fixing of pote numbers on

second settlement to be lawful

The Survey officer may, on the occasion of any subsequent settlement,

subject to the provisions of Section 79 and under the rules made in this
behalf, break up and divide a number into two or more numbers and shall
fix separate assessment for each such number and enter the area of each
such number and the name of the occupant in the settlement register.

Section 89A Division of Survey numbers into new Survey

numbers

Notwithstanding anything contained in Section 79 and Section 89 or rules

made thereunder, when any portion of cultivable land is permitted to be
used under the provisions of Sections 61 and 62 for non agricultural
purpose or when any portion of land is specially set apart under Section 25
or when an assessment on any portion of the land is altered or levied
under Section 50, separate survey number may, subject to the rules made
by the Government under this Act in this behalf, be made of such portion.

Section 89B Division of Survey numbers into pote numbers

(1) Notwithstanding the provisions of Section 89 the Government at any

time, may direct that survey numbers be divided in to so may pote
numbers as may be required in view of the rights acquired in land or for
any other reason.

(3) The area and the assessment fixed of such pote numbers shall be
entered into such records as the Government may prescribe in this behalf.

CHAPTER 8 Dispute Relating to Boundaries and Installation

and maintenance of Boundary Marks
Section 90 Determination of village boundaries

The Collector or any other officer nominated by the Government for this
purpose, or the Settlement Commissioner, if survey operations are
proceeding in the village shall enquire about and fix the boundaries of
villages and determine disputes, if any, relating thereto. When the Patels
and Patwaris of any two or more adjoining villages agree to any given line
of boundary and such agreement is not illegal, the officer determining the
boundary shall require the said parties to execute an agreement to that
effect and shall mark off the boundary accordingly.

Section 91 Procedure in case of disagreement or dispute

If the parties do not agree in the manner prescribed in the last preceding
section, the said officer shall, after necessary inquiry make a plan showing
the area of the ground in dispute together with the boundaries or marks,
existing or which may be stated, in different colours, and shall, after
completing the inquiry make an award in the case.

Section 92 Determination of field boundaries

If, at the time of a survey, the boundary of a field is pointed out by the
holder and it is undisputed and its correctness is also affirmed by the Patel
and Patwari of the village the boundary shall be marked. If the boundary
of a field is disputed or the landholder is not present or does not point out
the same, the Survey officer and when settlement operation is not
proceeding the Collector in a case the land is of khalsa area ..... shall fix
the boundary according to the entries in village records, and according to
occupation if, adverse to the entries in village records, it is established
that the occupation extends over a year and no legal action has been
taken in connection therewith.
Section 93 Settlement of boundary disputes by arbitration

If the parties agree to refer the boundary dispute to arbitration and make
an application to that effect in writing, the competent officer shall refer the
case to arbitration for settlement ; and to the dispute shall apply all
provisions of arbitration relating to civil suits and the powers vested in a
Court by virtue of such provisions shall vest in Collector or the Settlement
Commissioner.

Section 94 Construction or repair boundary marks of Villages

and survey number

When survey operations are proceeding, it shall be lawful for the

Settlement Commissioner or such other officer authorised by him in this
behalf, to cause to be constructed or repaired boundary marks of villages
and occupied numbers ; and the officers concerned shall see to their
maintenance. The Survey officer shall, by a notification posted in the
Chavdi or in some adjacent and conspicuous place, require the holders of
lands to construct or repair the boundary marks of their numbers and in
accordance with the directions given in the notification within specified
period which shall not be less than one month, and on their failure to
comply with the requisition within the specified period, the said Survey
Officer shall cause the boundary marks to be constructed or repaired and
cause charges incurred to be recovered from Pattadar as an arrears of land
revenue.

Section 95 Dimensions and form etc.,of boundaries to be

determined with sanction of Chief Revenue Authority

The dimensions and form of boundary marks of villages and numbers and
the material of which they shall be made, shall be determined with the
sanction of the Government according to local conditions, climate,
durability and cheapness of materials.

Section 96 Collector to have charge of boundary marks after

introduction of settlement

When settlement is introduced into a district, the Collector shall be in

charge of boundary marks. The Collector may for their preservation and
maintenance, exercise all the powers as are vested in a Settlement officer
under Section 94.

Section 97 Responsibility for preservation of boundary marks

(1) Every land holder shall maintain the boundary marks of the land
occupied by him in original condition and if he fails in it and does not carry
out necessary repairs in spite of orders of the village and Taluqa officers
the Revenue officers, not lower in rank to a ......... Tahsildar, shall cause
the necessary repairs to be carried out and recover the charges thereof
from the pattadar as an arrear of land revenue.

(2)..........................

Section 98 Penalty for damaging etc., boundary marks

Any person convicted after a summary trial, before a ..... Collector or

Deputy or Asst. Collector or Survey officer or Tahsildar, of wilfully erasing,
removing or damaging boundary marks, shall be liable to a penalty which
may extend to four times the cost of repair or fixation of each mark so
erased, removed or damaged and such mark shall be repaired or fixed
from such amount.
Section 99 Fixing of limits of village sites

The Collector or the Survey officer may, subject to rules and safeguarding
the subsisting rights of landholders, determine the limits of a village site.

Section 100 No land revenue to be levied in certain cases on

lands within village site

No land revenue for purposes of this Act shall in the following cases be
levied on lands situated within a village site and not used for purposes of
agriculture:

(a) where a person or his legal representative upto the date of

commencement of this Act, has held any land without payment of land
revenue and has not made an agreement with the Government to pay it in
future ;

(b) where a competent officer has made an order or granted a Sanad in

respect of right of occupancy exempting any land from land revenue
without fixing any period. In other cases also no land revenue shall be
levied on a land within a village site without the sanction of the
Government.

Section 101 Procedure on occupying without permission land

situate in village site

If, after the commencement of this Act, any person without the written
permission of the officer, occupies any land situated in the village site
which has not been set apart for agriculture the Collector may recover the
compensation for occupancy right of such land or fix a land revenue on the
land or order both for recovery of compensation and levy of land revenue;
and if it is proved that the land was held dishonestly or through mischief
he may recover penalty to the extent of double the compensation for
occupancy right. And if any building has been constructed on it and the
Government purposes or the public benefit is thereby encroached upon if
that building is not demolished and not more than one year has elapsed
from the date of completion of construction the Collector may, after
recording his reasons, order the person who has constructed the building
to demolish it and remove the materials thereof within a fixed period
which shall not be less than six months. If he does not comply within the
period the Collector may seize the building.

Section 102 Suit not to be instituted in Civil Court after one

year from order of Collector

No suit against the order of the Collector made under Section 101 shall be
instituted in any Civil Court after one year from the date of the order.

CHAPTER 9 Realisation of Land Revenue and other

Government Demands

Section 103 Responsibility for payment of land revenue

The person primarily liable for payment of land revenue for khalsa land,
shall be the pattadar of such land and for non khalsa land the superior
holder thereof. And when he fails to pay the land revenue, the land
revenue may be recovered from Shikmidar, or co sharer of the superior
holder or inferior holder or person in actual occupation of the land, but the
amount which he may have paid to the pattadar or superior holder at the
time of instalment or thereafter shall not be recovered from him, and the
amount so recovered shall be refunded from that pattadar or superior
holder. Priority of Government Claim for Land Revenue

Section 104 Government demand to have priority over all

claims

The demand on any land, for its land revenue shall have priority over
other demands whether in respect of debts or mortgage or based on a
decree of or attachment by a Court, and if the title to any land on which
such Government demand is due is transferred, such land or its transferee
shall not be discharged from such demand. If the demand for land revenue
which cannot be recovered from the title to or existing produce of that
land is due from a person the liability for the payment of the land revenue
shall have precedence over debt to decree of a Court also on his property
other than the land on which the demand is due; provided that such
property before it is forfeited for recovery of the said demand, is not sold
or mortgaged or given has a gift or otherwise transferred or hypothecated
or attached.

Section 105 Produce of land to be deemed as, hypothecated

for payment of land revenue

The produce of land for every year shall be deemed to have been
hypothecated for land Revenue due for that year. Precautionery Measures
for Securing Land Revenue

Section 106 Produce disposed of by sale etc., may be withheld

till payment of land revenue

When the produce of any land is wholly or partly sold, mortgaged, or other
otherwise disposed of whether by order of a court or other competent
department or with the desire of the land holder, the Collector may
prevent such produce being removed until the land revenue for the current
year has been paid, though the date for the prescribed instalment has yet
not arrived. But in no case shall a produce or a portion of produce, which
has been sold, mortgaged or disposed of be detained on account of land
revenue of a period exceeding one year.

Section 107 Power of Collector when apprehended that

revenue shall not be recoverable

If the Collector has reason to believe that any land holder is a defaulter or
it is apprehended that land revenue shall not be recoverable on any land in
case the crop is reaped or the produce is sold :

(a) he may require that the standing crop of the land liable to payment of
land revenue shall not be reaped without a notice to himself or to the
officer appointed by him for this work. Such notice shall be given in writing
and returned with acknowledg ment receipt and if the crop has been
reaped:

(b) he may direct that such crop shall not be removed from the land on
which it has been reaped, or from the place where it may have been
stored, without the written permission of the Collector or of other officer as
aforesaid;

(c) he may appoint a watchman, fixing his pay, to watch that the standing
crop is not unlawfully reaped or removed without permission. The pay of
such watchman shall not exceed five rupees per month, and may be
realised as an arrear of land revenue from the land holders, but if the
produce could be watched through the village officers a paid watchman
shall not be appointed.

Section 108 Issue of orders provided for in Section 107 and

penalty for contravention thereof

Orders provided in clauses (a) and (b) of the preceding section may be
issued generally or all the co occupants or land holders or individually or
any particular holder. If the orders be made generally to all land holders
they shall be issued by proclamation to be made by beat of drum and a
copy thereof shall be affixed at some conspicuous place in the village
Chavadi. If the said orders be made individually they shall be issued
separately to each holder concerned. Any person who contravenes the
orders so issued or abets such contravention shall be liable, on conviction
after a summary enquiry before the Collector to a fine not exceeding
double the amount of the land revenue on the land in respect of produce
of which the offence is committed.

Section 109 Reaping or removal of produce of land not to be

prohibited for such long period as to damage produce

The Collector shall not defer the reaping of the crop and its removal so as
to damage the produce of the land and if the land revenue has not been
paid within two months from the date of attachment or within such lesser
time as the Collector may fix in special cases, he shall either release the
produce and adopt other measures to realise the land revenue under the
provisions of this Chapter or sell such portion of the attached produce
under the provisions of this Chapter relating to sale of movable property
for the recovery of revenue the price of which will be sufficient for
payment of revenue.

Section 110 Attachment of village or part of village for land

revenue

If the holding consists of an entire village or of a part of a village and the

Collector has reason to believe that owing to a dispute among the sharers
of for any other reason its land revenue will not be recoverable in the
prescribed instalments, he may temporarily attach the village or part of
the village and take it under his own management or entrust it to an
officer or agent appointed by him for that work. The provisions of Section
125 shall also apply to any village or part of a village which has been
temporarily attached under this section and the income of the village or
part of the village in surplus after allowing the costs of attachment and
management of the land, and payment of the land revenue and of the cost
of survey and settlement, if made under Section 77 shall be kept in
deposit for eventual payment to the person entitled to the same, or
subject to the orders of the Board of Revenue, shall be paid by the
Collector to the person entitled to the same.

Section 111 Precautionary measures to be suspended on

security being furnished

The precautionary measures provided for in Sections 106 to 110 shall be

suspended or relinquished if the person responsible for the payment of
land revenue shall pay the entire costs of attachment and management of
the land up to the time of relinquishment and shall furnish reliable security
to the effect that the land revenue shall be paid on the fixed date or in the
prescribed instalments, as the case may be. Mode of Instalment of Land
Revenue

Section 112 Government to determine date and instalments

for recovery of amount

(1) Land Revenue, except under circumstances mentioned in Sections 106

to 110, shall be payable in such instalments and on such dates and at such
places, and to such persons as may be determined by order of the
Government for this purposes.

(2) No officer shall recover any instalment before prescribed date.

Defaulters

Section 113 Arrears and Defaulter

An amount of land revenue not paid as above shall be called an arrear of

land revenue and the persons from whom the arrears is due under Section
103 or any other section shall be called defaulters.

Section 114 Liability incurred in case of non payment of

arrear

If any instalment be not fully paid even after the expiry of the prescribed
time, the Collector may adopt measures to recover both the entire amount
of land revenue due by the defaulter for the current year and the interest
or penalty as may be recovered according to a scale fixed by the
Government but if he is satisfied that the arrear of land revenue is only
due to poverty he may remit the penalty or interest and refund the same if
already recovered.

Section 115 Certified account to be conclusive evidence as to

arrears

An account, certified by Peshkar or any other Taluqa officer, higher in rank

than a Peshkar, shall be conclusive evidence of the existence of the arrear
its amount, or of the person by whom it is due. On receipt of such certified
account, the Collector or one district shall proceed to recover the arrear of
land revenue of another district under the provisions of this Chapter as if
the arrears is of his own district. Recovery of Arrears of Land Revenue
Section 116 Measures for recovery

An arrear of land revenue may be recovered by the following measures

and as far as possible, the measurers shall be employed in the order
mentioned below:

(a) by issuing a notice to the defaulters under Section 118.

(b) by distraint and sale of the defaulter's movable property under Section
119:

(c) by distraint and sale of the defaulter's immovable property under

Section 120;

(d) by arrest and detention of the defaulter under Section 122;

(e) by forfeiture of the right of occupancy in respect of which the arrear is

due under Section 124;

(f)

Section 117 Measures specified applicable to arrears due both

for previous years and current year

The measures specified above may be employed for the recovery of

arrear, both of previous years and of the current year, but the preference
provided in Section 105 shall apply only to arrears for the current year,
and the preference provided in Section 104 shall apply to arrears for three
years, except in case any measures for any arrears commenced in the
very year for which it is due but it has not been fully executed by the end
of the year and the execution is pending. Notice of Demand

Section 118 When and by whom notice of demand may be

issued and its costs

The Tahsildar may, on any day after the expiry of the date on which the
arrear accrues send on any day to the defaulter a notice of demand, and
the cost of demand notice being two annas if the amount of demand does
not exceed ten rupees, four annas if it exceeds ten rupees but does not
exceed twenty five rupees and eight annas in all other cases, may be
recovered.

Section 119 Distraint and sale of defaulter s movable property

The Tahsildar may distraint and sell the defaulter s movable property.
Such distraint shall be made by officers or clerks appointed by him for this
work.

Section 120 Distraint and sale of defaulter s immovable

property

The Collector or the Deputy or Assistant ............. Collector may distrain

the defaulter's immovable property other than the land held by him, but
where such distraint has been made by the order of the Deputy or
Assistant Collectors it shall not be sold except with the sanction of
Collector
Section 121 Property of defaulter exempt from attachment

All such property of the defaulter shall be exempt from attachment and
sale under the preceding sections as is except under the Code of Civil
Procedure, 1908 from attachment and sale in execution of a decree of a
Court. Collector's order as to what property of the defaulter shall be
exempt from attachment and sale shall be final. Arrest and Imprisonment

Section 122 Power to arrest defaulter and send him to Civil

Jail

After an arrear becomes due, when it may not appear possible to recover
it in any other way the defaulter may be kept in custody for ten days in
the district or Tahsil office, but if within the said period the arrear,
together with penalty of interest and the costs of arrest of and subsistence
for the defaulter during custody and the cost of notice that may be
recoverable is recovered, the defaulter shall forthwith be released. If
during the period of ten days the amount due is not recovered the
Collector may thereafter or if he deems fit before the expiry of ten days,
send the defaulter a warrant to remain in custody in the Civil Jail of his
district; but no defaulter shall be kept in imprisonment for a period
exceeding one month.

Section 123 Power to arrest

The Government may declare by notification the officers or class of officers

empowered to arrest under Section 122 and the cost of arrest and scale of
subsistence for the person under custody. Forfeiture of Occupancy and
Eviction of Defaulter
Section 124 Lease and sale of occupancy right

(1) The Collector may attach the holding in respect of which land revenue
is due and lease it out for a period not exceeding ten years; but if in his
opinion it is proper to sell such land he may, with the sanction of the
Board of Revenue sell the right of occupancy of the land. Any sum realised
by auction or sale or through other management of the land shall be
credited to the account of the defaulter.

(2) The Government may, whenever it appears necessary, by general or

special order, authorise any Collector or Additional Collector to sell the
land attached under sub section (1) without the sanction of the Board of
Revenue.

Section 129 Recovery proceedings to be stayed on security

being given or amount being paid

If, in the presence of the Collector or other officer appointed by him for
this purpose and if the defaulter is imprisoned, before the officer of the Jail
reliable security or amount in cash towards payment of the aforesaid
arrears and other costs is furnished to the satisfaction of the Collector or
such other officer he shall forthwith be released from custody or
imprisonment. Any person against whom, under some measure, any
proceeding for the recovery is pending before any officer may deposit the
amount demanded with that officer stating that he has objection for the
payment of the said amount.

Section 130 Procedure for sale and publication of notification

When an order for sale of the property of the defaulter is made under the
provisions of this Chapter the Tahsildar or any .... Collector or Deputy or
Assistant Collector shall issue a notification in the vernacular. The
notification shall contain the following particulars :

(a) the time and place of sale;

(b) by whose sanction the sale shall be made final;

(c) when the property to be sold is revenue land its area and revenue;

(d) other matters which the Collector may think necessary.

Such notification shall be affixed at some conspicuous place in the chavidi

or any place in the village wherein the property was attached and the
Tahsildar s Office and its substance shall be proclaimed by beat of drum in
the village wherein the property was attached and in such places also as
the Collector may deem fit. If the property to be sold be immovable
property, a copy of the notification shall also be affixed at some
conspicuous place in the Collector's Office and its substance shall be
published by beat of drum at the headquarters of the district; and the
Collector may in addition to the aforesaid method get very notification
published in any other manner also.

Section 131 Objection in respect of attached property

When any objection is made by any person in respect of any property for
the sale of which notification has been issued and not being a holding the
right of occupancy of which has been absolutely forfeited to the
Government under Section 124, the Collector shall make a summary
inquiry and decide it and excluding the property in respect of which the
objection is admitted he shall order the rest to be sold.
Section 132 Sale by whom and when to be made

Sale shall be made through such persons as the Collector may appoint for
the work on a day not being a public holiday, during ordinary office hours
but not within at least thirty days if the property is immovable, and seven
days if it is immovable the issue of the notification referred to in Section
130, but this provision shall not apply to perishable articles, which
irrespective of the restriction as to said period shall be sold immediately at
the discretion of the officer conducting the sale and he shall have power to
finally conclude such sale. The Collector shall have power to stay from
time to time the sale for any sufficient reason.

Section 133 When sale may be stayed

If at any time before the date fixed for the sale the arrear together with
the other lawful charges is deposited by the defaulter with the auctioneer
or the person appointed under Section 112 for the recovery of land
revenue or if reliable security is furnished under Section 129 the sale shall
forthwith be stayed.

Section 134 By whose sanction sale shall be final

Every sale or immovable property shall be finally concluded by the

sanction of the Collector and that of movable property by the sanction of
the officer empowered by the Collector by a general or special order.

Section 135 Mode of payment of purchase money

The auction purchaser shall pay the purchase money as directed below :

(a) When the sale is concluded before an officer authorised to confirm and
conclude it finally

(1) on account of movable property, in full, immediately after the sale in

concluded or within such period as the officer conducting sale the may fix.

(2) on account of immovable property one fourth, as deposit, immediately

after the sale is concluded and the entire balance within 30 days from the
date of sale and if the thirtieth day be a public holiday, then on the first
day following the holiday.

Section 136 Resale if purchase money is not paid within

prescribed time

If purchase money is not paid within the period provided in the preceding
section, the deposit money, if any, after defraying therefrom the expenses
shall forfeit to the Government and there shall be a resale and for every
such resale, when it does not take place on the day fixed and in the
meeting of the first sale, action shall be taken for the issue of a notice
under Section 130. If the amount for which the resale was concluded be
less than the first sale the deficiency shall be recovered from the
purchaser at the first sale as an arrear of land revenue and the purchaser
at the first sale shall have no claim to the property sold and the amount of
deposit forfeited.

Section 137 Receipt for purchase money to be furnished and

sale as concluded to become absolute

On payment of the purchase money the auction purchaser shall get a

receipt and after payment of full amount of purchase money such sale,
shall subject to the provisions of Sections 138 and 139, become absolute
in favour of the purchaser as against all other persons.

Section 138 Application to set aside sale of immovable

property

At any time within thirty days from the date of sale of immovable property
application may be made to the Collector to set aside the sale on the
ground of illegality of proceedings material mistake, or fraud, in
conducting sale or publishing notification but no sale shall be set aside on
such application only unless the applicant proves to the satisfaction of the
Collector that he has sustained loss by reason of the illegality, mistake or
fraud. If such application be allowed the Collector shall make order to set
aside the sale with the direction that it should be resold.

Section 139 Order confirming or setting aside sale

If application for setting aside the sale is not made under the preceding
section or has been made and rejected the Collector shall make an order
confirming the sale; and if he thinks that the sale may set aside on
reasonable ground though no such grounds where set forth in the
application rejected, he may, after recording his reasons make an order
setting aside the sale.

Section 140 Refund of purchase money if sale is not

confirmed or set aside

Where the sale of any property is not confirmed or set aside the purchaser
shall be entitled to receive back the purchase money or the deposit.
Section 141 Putting purchaser into possession of holding sold
and entering his name as pattadar in village record

Where a sale of a holding for which an arrears of land revenue is due is

confirmed in accordance with the aforesaid provisions, the Collector shall
put the auction purchaser into possession of the same and shall grant him
a certificate to the effect that the person has purchased the occupancy
right of the land. The certificate shall be treated as an authority for
transfer of that land and the name of the auction purchaser shall be
entered into the village records as a pattadar; and no suit against the
purchaser whose name has been recorded in such certificate shall be
entertained in a Civil Court on the ground that the certificate holder is not
in fact the purchaser but that by mutual agreement certificate has been
made in his name.

Section 142 Application of purchase money

The purchase money after the sale has been concluded shall be applied
first to the payment of expenses of the sale and then to the payment of
arrears due by the defaulter at the date of conclusion of the sale and
recoverable as an arrear of land revenue, and the person whose property
has been sold shall be entitled to the surplus, if any. The expenses of the
sale shall be assessed according to the rules and orders approved by the
Government.

Section 143 Liability of purchaser for payment of land

revenue

The person whose name has been entered in the sale certificate as
purchaser of occupancy right of the Government land shall be liable for the
payment of all instalments of land revenue due in respect of such land
subsequent to the date of sale.

Section 144 Sums recoverable under provisions of this

Chapter

All the Government sums under the following heads may be recovered
under the provisions of this Chapter :

(1) Land revenue

(2) Quit rent

(3) Nazrana

(4) Peshkash

(5) Taxes

(6) Local cess

(7) Fine and penalties

(8) Income from lands

(9) Rusum

(10) Fees

(11) Charges

(12) Penal interest

(13) Lease money

(14) Moneys recoverable from sureties

(15) Taccavi loans

(16) All sums in respect of which provision has been made in this Act or in
any other Act that they be recovered as arrears of land revenue.

CHAPTER 10 Procedure of Revenue Officers

Section 145 Revenue officer to be subordinate to his superior

In all official works and proceedings a Revenue officer shall be subject as

to the place, time, and manner, of performing his duty, to the direction
and control of his superior, provided there is no express provision in the
law to the contrary.

Section 146 Power to issue summons for evidence and

producing document etc.

Every Revenue officer not lower in rank than a Peshkar of Tahsil the
Assistant Settlement Commissioner may issue summons to any person to
be examined as a party or to give evidence as a witness or to produce any
document or article, as the case may be, for the purposes of an enquiry
which he is empowered to make. Such officer shall have all the powers
which are vested in a Civil Court under the Code of Civil Procedure, 1908
(Central Act 5 of 1908) to compel the attendance of person to whom
summons has been issued or the production of document or other article.
Every person to whom summonses have been issued shall attend either in
person or by an agent as may be directed in the summons and state the
truth upon any subject respecting which his statement or evidence is
recorded and produce such document and articles as may be required.

Section 147 Form, issue and service of summons

The provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908)
shall apply mutatis mutandis to the form, issue and service of summons.

Section 148 Code of Civil Procedure regarding sustenance

allowance to be followed when party desires attendance of
witnesses

If any party, in any formal or summary inquiry, shall desire the attendance
of witnesses he shall follow the rules contained in the Code of Civil
Procedure, 1908 (Central Act 5 of 1908) regarding summons, allowance
and sustenance to witnesses. Formal Inquiry

Section 149 Mode of recording evidence in formal inquiry

In a formal inquiry, the officer making the inquiry shall in his own hand
record evidence in full [ ] or cause it to be recorded in his presence and
under his personal superintendence that it may be audible to him and sign
it. The cases in which the officer making the inquiry is not able to record
the evidence in his own hand, he shall in the course of examination make,
in his own hand, a memorandum of the substance of the deposition of the
witness and after signing it cause it to be put on the file. If such officer is
not able to record such memorandum, he shall write the reason of his
inability.

Section 150 Mode of writing of decisions

The competent officer shall after completing the inquiry write every
decision in his own hand and fully record therein the grounds on which the
decision is based. Summary Inquiry

Section 151 Mode of summary inquiry

In summary inquiry the competent officer shall, in the course of inquiry,

record a minute of the proceedings in his own hand [ ] containing the
material averments of the parties to the case, the gist of the evidence, and
the decision and the reasons in brief for the same. But the officer making
an inquiry may, if deemed fit, in the cases where an inquiry directed by
this Act is to be summary, act under all or any of the rules in force for
formal inquiry.
Section 152 Formal and summary inquiry to be deemed
judicial proceedings and to be conducted openly

In a formal or summary inquiry provided in this Act the proceedings by a

competent officer shall be deemed to be judicial proceedings for purposes
of Sections 183, 198 and 210 of the Indian Penal Code, 1860 and his office
shall be deemed to be a Civil Court. Every act and decision in a formal or
summary inquiry shall be in public, and the parties to the case or their
authorised agents, shall be duly given an opportunity for attendance.

Section 153 Mode of ordinary inquiry

An inquiry which this Act does not expressly require to be either formal or
summary or an inquiry which a Revenue officer may on any occasion deem
necessary in the execution of duties, shall be conducted according to any
special or general rules, made under the order of the Government or at
the instance of a superior authority and subject to such rules the said
officer shall in his discretion adopt such procedure as may be fit for finding
out facts and for the public welfare.

Section 154 Manner of obtaining copies and translation

In all cases in which a formal or summary inquiry is made authenticated

copies and translations of decisions, orders and exhibits shall be furnished
to the parties on application being made; and original documents produced
in evidence, if they have not been impounded under any rule or by any
order or decision, shall be restored to the persons who had produced
them; provided that the full charges for copying or translation, as the case
may be, have been received in accordance with the rules as are in force by
the order of the Government.
Section 155 Arrest to be made by warrant

When, under the provisions contained in this Act, a defaulter or any other
person is held liable to be arrested, such arrest shall be made upon a
warrant of arrest issued by an officer competent to order the arrest, of
such person.

Section 156 Power to enter upon land or premises when

necessary

Every Revenue officer may, enter, whenever necessary for measurements,

fixing of boundary marks or inspecting of boundaries, classification of soil,
or assessment, or for any other necessity connected with the discharge of
duty, any land for premises, whether such land or premises belongs to the
Government or to any private individual and whether the revenue is
partially or wholly realised from the land or not;

Provided that he shall not enter into any house used as a dwelling without
the permission of the occupier of the house and without giving twenty four
hours previous notice, and on entering such a house due regard shall be
had to the religious and social ideologies of the occupier of the house.

Section 157 Mode of evicting unlawful occupant

Whenever a Collector may desire to evict, under the provisions of this Act
or any other law, any person having unlawful occupation of any land, such
eviction shall be made in the following manner :

(1) a notice shall be served on the unlawful occupant requiring him to

vacate the land within a fixed period from the date of receipt of the notice;
(2) if it is not obeyed such person shall be evicted from the land by force;

CHAPTER 11 Appeal, Review and Revision Appeal

Section 158 Appeal from order of Revenue officer

(2) Subject to the provisions of the Andhra Pradesh (Telangana Area)

Board of Revenue Regulation, 1358 F., (Regulation LX of 1358F.) an
appeal shall lie to the Government from any decision or order passed by a
Collector or Settlement Commissioner except in the case of any decision or
order passed by such officer on second or third appeal.

(3) When on account of promotion or change of designation, an appeal

against any decision or order lies under this section to the same officer
who has originally passed the decision or order appealed against, the
appeal shall lie to the officer competent under this section to hear appeals
against the decisions of the said officer.

(4) Subject to the provisions of the Andhra Pradesh (Telangana Area)

Board of Revenue Regulation, 1358 F., (regulation LX of 1358F.) if any
decision or order is varied or reversed on revision or review in accordance
with the provisions hereinafter land down, an appeal shall lie from the
order passed on such revision or review as if such order were an original
order or decision.

Section 159 Non appealable orders

The following orders shall be non appealable:

(1) order for exemption from period of limitation for a memorandum of

appeal or application for review under Section 5 of the Indian Limitation
Act, 1908 (Central Act 9 of 1908).

(2) order rejecting an application for revision or review.

Section 160 Period of Limitation

Except as otherwise provided in this Act the period of limitation for the
appeal preferred under Section 158 shall be as follows:

(1) when the appeal is against the order or decision of an officer lower in
rank to a ..... Collector ....... or Settlement Commissioner, 60 days;

(2) in all other cases, 90 days.

Section 161 Original order or copy thereof to be filed along

with memorandum etc.

The original order or decision appealed against or an authentic copy

thereof shall be filed along with every memorandum of appeal.

Section 162 Powers of appellate authority

(2) If the memorandum of appeal is admitted, a date shall be fixed for the
hearing and the respondent informed of it by a notice.

Section 163 Power to stay execution

(1) When a memorandum of appeal is admitted the appellate authority

may, pending decision of the appeal, direct the execution of the order or
decision under appeal to be stayed.

(2) Any Revenue officer who has passed an order or decision or his
successor may, if an appeal against the order or decision has not been
preferred to a competent officer, on the application of any aggrieved party
at any time within the period of appeal stay the execution of such order or
decision for such period (not exceeding three months, in any case) as he
may deem fit in order to enable the aggrieved party to present a
memorandum of appeal to the competent officer and obtain an order for
the stay of execution. Orders under this sub section by which execution is
stayed or refused to be stayed shall not be appealable.

(3) When an order of stay of execution is passed under sub section (1) or
(2) the appellate authority or the executing officer may, at his discretion,
take security from the party concerned or impose any other conditions as
may be deemed fit.

Section 164 Final order to be deemed non appealable

Whenever in this Act or any rule or order made thereunder, it is declared

that a decision or order shall be final, such expression shall be deemed to
mean that no appeal lies from such decision or order but, subject to the
provisions of the Andhra Pradesh (Telangana Area) Board of Revenue
Regulation, 1358F (Regulation LX of 1358F). the Government may under
Section 166 B, annul, vary or modify even a final order or decision.

Section 165 Propriety or reconsideration of order passed on

motion of incompetent officer

If in any case on the motion of any officer who is not competent to deal
with it, a superior competent officer passes any order in the first instance,
nothing shall prevent such competent officer, on the application of any
party, to reconsider the said order and modify, annul, or vary it and such
modification, annulment or variation shall be deemed to be in the first
instance.

Section 166 Review

(3) Where in the opinion of a ... Settlement Commissioner or the Collector

..... the review of an order or decision not passed by him is necessary or
when any other Revenue officer, below the rank of a .... Collector .....
Settlement Commissioner desires to review an order or decision whether
passed by him or his predecessor every such officer shall before granting
the application for review obtain the sanction of such officer or higher
department whose immediate subordinate he may be.

(4) No order or decision shall be modified or annulled on review unless all

the parties to the case to be affected are summoned and heard against the
order or decision under review.

(5) When a memorandum of appeal or application for revision has been

filed against any order or decision, such order or decision shall not be
reviewed.
(6) No order or decision shall be reviewed which affects the mutual rights
of the ryot unless an application is filed by some party to the case and
such application for review shall not be admitted unless it is filed within 90
days from the date of the order or decision.

(7) When an order or decision has been disposed of in appeal or revision,

no Revenue officer lower in rank to the authority hearing the appeal or
revision shall be competent to review such order or decision.

(8) For purposes of this section, the ....... Collector ..... shall be deemed
to, be the successor of every such Revenue officer in the district as may
not be present within the limits of the district or who has ceased to have
powers in the Revenue Department: Provided that his successor has not
been appointed.

(9) Orders passed in review shall on no account be reviewed.

Section 166A Application of Limitation Act

The provisions of the India Limitation Act, 1908 (Central Act 9 of 1908)
shall as far as possible, apply to every memorandum of appeal and
application for review under this Act.

Section 166B Revision

(2) Every Revenue Officer lower in rank to a Collector or Settlement

Commissioner may call for the records of a case or proceedings for a
subordinate department and satisfy himself that the order or decision
passed or the proceedings taken is regular, legal and proper and if, in his
opinion, any order or decision or, proceedings should be modified or
annulled, he shall put up the file of the case with his opinion to the .....
Collector ........ or Settlement Commissioner as the case may be.
Thereupon the .......... Collector or Settlement Commissioner may pass
suitable order under the provisions of sub section (1).

(3) The original order or decision or an authentic copy of the original order
or decision sought to be revised shall be filed along with every application
for revision.

Section 166C Review by Government

(2) This Government may stay the execution of any such decision or order,
pending the exercise of their powers under sub-section (1) in respect
thereof.

(3) The provisions of this Section shall apply to any order passed under
Section 158 or Section 166-B whether before or after the Commencement
of the Andhra Pradesh (Telangana Area) Land Revenue (Amendment) Act,
1990 and in the case of an application for review from any person
interested in respect of such an order passed prior to such
Commencement, the period of ninety days specified in Sub-section 91)
shall be computed from the date of such Commencement.

CHAPTER 12 Miscellaneous

Section 167 Inspection of maps survey records and village

accounts and granting copies thereof
Subjects to such rules and after taking such fees as the Government may
prescribe by notification, settlement records, all maps and village accounts
shall be open to the inspection of the public and copies and extracts
thereof may be given.

Section 168 Rules for partition of an area on which land

revenue is levied The following rules shall be enforced at the
partition of any area on which land revenue is levied

(1) The area shall be divided as far as possible according to numbers

without sub dividing any number; But if the partition cannot be completely
effected without sub dividing a number, such number may be sub divided
by the Collector, subject to the provisions of Section 79.

(2) Any number or its pote number which may remain undivided after the
partition has been carried out under the preceding rule and which is
incapable of sub division or further sub division according to Section 79,
shall be made over to one of the sharers; provided that such sharer pays
to the other sharers the consideration for their sharers or they shall be
sold or auctioned and the proceeds divided among all the sharers or
disposed as of as the Collector thinks fit.

(3) The expenses properly incurred in making such partition shall be

recoverable as an arrear of land revenue in such proportions as the
Collector thinks fit from all the shares or from the persons at whose
request partition is made or from the persons interested in such portion.

Section 172 Power to make rules

(1) The Government may, by notification published in the Official Gazette,
make rules not inconsistent with the provisions of this Act, the carry out
the purposes and objects of this Act and for the guidance of all persons in
the matters connected with the enforcement of this Act or in matters not
expressly provided for in the Act.

Section 173 Punishment for breach of rules

(1) The Government may prescribe punishment for breach of rules which
may either be imprisonment to the extent of one month or fine which may
extend to five hundred rupees or both.

(2) Under sub section (1) punishment on conviction shall be awarded by a

magistrate.

RULE:

ANDHRA PRADESH (TELANGANA AREA) ALIENATION OF

STATE LANDS AND LAND REVENUE RULES, 1975

Whereas there are at present, no rules governing the alienation of State

lands lying in the Telangana area of the State of Andhra Pradesh and land
revenue for public purposes as in the case of State lands situated in the
Andhra area of the State. And whereas it is found expedient and necessary
in the interests of public administration to have such rules for
implementing expeditiously the provisions of Section 25 of the Andhra
Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli. Now, therefore,
in exercise of the powers conferred under Section 172 of the Andhra
Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli (Act VIII of 1317
Fasli) the Governor of Andhra Pradesh hereby makes the following rules :-
Rule 1 Short title of the Rules, extent and application

(i) These rules may be called the Andhra Pradesh (Telangana Area)
Alienation of State Lands and Land Revenue Rules, 1975.

(ii) These rules extend to the whole of Telangana area of the State of
Andhra Pradesh.

(iii) These rules shall come into force on the date of their publication in the
Andhra Pradesh Gazette.

Rule 2 Definitions

In these rules unless the context otherwise requires,

(a) Act means the Andhra Pradesh (Telangana Area) land Revenue Act,
1317 Fasli.

(b) Alienation of Land means placing land at the disposal of .................

for a public purpose *[or for any spcified purpose].

(c) Alienation of land Revenue means grant of exemption from payment

annually of the land revenue.

(d) Capitalised value of land Revenue means the lump sum amount of land
revenue equal to 25 years purchase of the annual land Revenue on the
land.

(e) Form means a form appended to these rules.

(f) Land means land belongings to the State Government of Andhra

Pradesh and situate in the Telangana area of the State of Andhra Pradesh.

(g) Land Revenue means the land revenue payable under the Andhra
Pradesh (Telangana Area) Land Revenue Act, 1317 Fasli or any other law
in force in that area, together with the special assessment payable under
the Andhra Pradesh (Telangana Area) Land (Special Assessment) Act,
1952 (vide) definition of the term given in Section 2(f)(2) of the Andhra
Pradesh Land Revenue (Enhancement) Act, 1967.(Act 8 of 1967).

(h) The terms "Local Body" "Local Authority" and "Local Fund" wherever
they occur in these rules, include Gram Panchayats under the Andhra
Pradesh Gram Panchayats Act, 1961 and also "Panchayat Samithis" under
the Andhra Pradesh Zilla Parishads and Panchayat Samithies Act, 1959.

(i) Public Purpose means a purpose which confers or is conductive to the

good of a considerable section of the community at large or of the locality
or region, like the construction of schools, temples, churches, mosques,
choultries, roads, hospitals and office buildings of a local body or local
authority proper but not any purpose which is but ancillary to a public
purpose.

(k) Section means a section of the Act.

Rule 3 General Principles

(a) Alienation of State land to a local body or local authority for
unremunerative public purposes will ordinarily be allowed or made free of
any initial charge for occupancy right (i.e.) free of the market value of or
the value of the occupancy right in the land. Where, however, the land to
be alienated has been previously acquired at the expense of the
Government and in the case of alienation of land to local bodies or local
authorities for remunerative public purposes and of alienation to a
company, private individual or institution for any public purpose the
question of collecting the market value of the land from the alienance will
be considered.

(b) No application for alienation of land under these Rules to a company,

association, society, institution or any other corporate body should be
considered unless such company, association, society institution or other
corporate body has been registered under the Indian Companies Act VII of
1913.

(c) Applications for alienation of lands for educational purposes whether

from local bodies or local authorities (including Gram Panchayat) or from
private associations or individuals should be addressed to the District
Collector through the District Educational Officer in the case of institutions
for boys and through the Inspectors of Girls Schools in the case of
institutions for girls.

Rule 4 Powers of alienation of land

(c) Every case of alienation of land other than those falling under the
provisions of Clauses (i) to (iii) of sub rule (a) and of Clauses (i) and (ii) of
sub rule (b) of this rule either in favour of local bodies or local authorities
or companies or private associations, societies, institutions or other private
corporate bodies or private individuals, whether subject to or free of
charge for land revenue requires the sanction of the State Government for
which an application should be made in Form in Appendix I.
(d) Notwithstanding anything contained in Clauses (i) to (iii) of sub rule
(a) and Clause (i) and (ii) of sub rule (b) of this rule, every case of
alienation of land for denominations purposes (i.e.) constructions of
temples, mosques, churches, chatrams, etc., requires the sanction of the
Government.

(e) No land should be alienated to an alienee without the orders of the

State Government.

(f) Where the market value of the land to be alienated is such that the
sanction of the State Government of Board of Revenue would be required,
the previous sanction of that authority should be applied for through the
concerned District Collector and the Board of Revenue and through the
concerned District Collector respectively.

(g) Notwithstanding anything contained in the foregoing rules the

Government hereby reserve to themselves the ownership of all
Sandalwood trees existing on any land at the time of its alienation and
also that of those trees that they grow subsequently.

(h) In case of alienation of land to local bodies when the local bodies do
not like to take over trees standing on the alienated to them on payment
of the value and the Collector considers that it is desirable to keep all or
some of the trees on the land as a public amenity the trees shall be
handed over to the local bodies subject to suitable conditions to maintain
the ownership of the Government in the trees. Examples of conditions; (1)
No live trees should be cut without the permission of the Collector, (2) The
sale proceeds of withered and wind fallen trees and of trees cut with
Collector permission should be credited to Government.

Rule 5
(a) For every alienation of land requiring the sanction of the Board of
Revenue or the State Government there shall be made an application by
the Collector in the prescribed in Appendix I to these rules.

(b) If it is proposed to alienate land together with Land Revenue due

thereon there shall be another separate application made in addition to the
one under Rule 5(a) by the Collector for the alienation of Revenue in the
form prescribed in Appendix II.

Rule 6b Conditions in respect of acquired lands

(b) In the case of lands acquired at the cost of private Institutions or

Associations under the provision of Land Acquisition Act for educational or
other public purposes and alienated to those Institutions or Associations
conditions (1) to (7) under Rule 6(a) above shall be replaced by the
following conditions :

(1) The land shall be used for .......... and for no other purpose.

(2) The Government may resume the land wholly or in part, with any
buildings thereon if, in their opinion, the land is required for a public
purpose or for conducting mining operations. In the event of such
resumption, the compensation payable for the land and trees, shall be the
amount paid for them by the alienee at the time of the acquisition,
including the 15 per cent solatium, or the value at the time of resumption
together with 15 per cent thereof whichever may be less. If there are
buildings on the land the Government shall pay compensation for them in
accordance with the provisions of condition (3).

(3) In the event of the resumption of the land under condition (2), the
compensation payable for the buildings and other improvements shall be
the amount paid for them by the alienee at the time of the acquisition
including the 15 per cent solatium or their value at the time of resumption
by the Government together with 15 per cent thereof, whichever may be
less, together with the initial cost or the value at the time of resumption,
whichever may be less, of any buildings exceed and other improvements
effected on the land by the alienee in accordance with the terms of the
alienation, plus 15 per cent of such cost or value.

(4) In the event of the infringement of any other condition of the

alienation or in the event of the voluntary relinquishment of the land by
the alienee, the Government may resume the land if it is required for a
public purpose or if the Government consider that it should be returned to
the original owner. If the Government decide not to exercise this power
and inform the alienee accordingly, the latter may dispose of the land in
any manner he likes, subject to his repaying to the Government the
amount of any grant made by them towards the cost of the lands and of
the buildings or other improvements. In the event of the resumption of the
land under this condition, the compensation payable to the alienee shall be
the value of the land at the time of acquisition (less the 15 per cent
awarded for compulsory acquisition) or its value at the time of resumption,
which ever may be less, together with the value of buildings and other
improvements, at the time of resumption. If there are buildings on the
land which the Government do not required, the alienee shall remove
them at his cost, the event of the grantee refusing to remove the
buildings, the Government may remove them and realise the cost of the
removal by the sale of the materials.

Rule 7

(b) Tee Board shall also have power to grant extension of time to the
alienee for carrying out the purposes of alienation even in cases in which
alienation of land was originally made by the Government.

(c) The Collectors shall have power to sanction the resumption of land and
Land Revenue in cases in which the original alienation was sanctioned by
them provided no payment of compensation is involved therein.
Rule 8

(a) Lands such as Roads, the sites of Hospitals, despensaries and the like,
which yield no return to local bodies or other owners thereof and which are
devoted to public purpose shall be exempt from demand: Provided that
such exemption shall last for such time only as the conditions on which
such exemption was granted or fulfilled. Provided further that land
appropriated for markets, cart stands and similar object on which an
income is derieved shall be liable to the payment of Land Revenue to the
State Government.

(b) The above benefit of exemption of Land Revenue shall be available in

respect of land alienated by the State as occupied land acquired by the
local body.

(c) In all cases in which Land Revenue is exempted from payment, it shall
be lawful for the Government to impose the following additional condition :
In addition to the provision for resumption of the alienation of land for
infringement of conditions of alienations, full assessment or ground rent
shall be leviable by the Government from the alienee from the date of such
infringement or from the date from which any net income is derived by the
alienee on the land.

Rule 9

(a) The Board shall have power subject to the condition mentioned in Rule
(8) above to sanction alienation of Land Revenue in favour of Private
Bodies, Institutions or individuals for public purposes provided the
capitalised value of Land Revenue does not exceed Rs.1,000 in each case.
(b) In the case of Land Revenue on roads and appurtenances thereto the
Board shall have power to sanction alienation upto capitalisation value
limit of Rs.15,000.

(c) The Board shall have power to sanction alienation of Land Revenue in
favour of local bodies upto a Capitalisation value limit of Rs.10,000 in each
case subject to the conditions mentioned in sub rule (b) of this rule.

(d) Collector shall have powers to sanction alienation of Land Revenue in

favour of local bodies upto a capitalisation value limit of Rs.5,000 in each
case, in respect of roads an appurtenances thereto such as graval depots,
stores sheds and the like, and upto a capitalisation value limit of Rs.500 in
respect of other cases:

Provided that in case of doubt whether the purpose for which the land is
required of alienation is a public one the Collector should obtain the orders
of the Board.

Rule 10

Notwithstanding anything contained in the foregoing rules, the

Government may, if it desires to sell or otherwise alienate any of its lands
or other property in telangana area, it may do so by following any
resonable procedure including public auction, where such alienation/sale is
deemed necessary.]

APPENDIX 1 Application for the alienation of land in which

the proprietary right belongs to the State
APPENDIX I

[See Rule 4(c) and Rule 5(a)]

Application for the alienation of land in which the proprietary right belongs to the
State

DISTRICT

(1) Description and area S. No. of village in taluk measuring acres.

(2) Market value.

(3) Alienees and purpose of alienation.

(4) Collector remarks.

APPENDIX 2 Application for the alienation of land revenue

payable to Government

APPENDIX II

[See Rule 5(b)]

Application for the alienation of land revenue payable to Government

DISTRICT

(1) Description and are a S.No. measuring acres in village taluk.

(2) (a) Annual assessment or groundrent.

(b) Capitalized value (25) times assessment or grount rent.

(3) Alienees and purpose of alienation.

(4) Collector remarks.

ANDHRA PRADESH (TELANGANA AREA) LAND REVENUE

RULES, 1951

In exercise of the powers conferred by Section 172 of the [Andhra Pradesh

(Telangana Area) Land Revenue Act, 1317 F. [Act No.VIII of 1317F.) the
Governor is pleased to make the following rules :

Rule 1 Short title, extent and commencement

(1) These rules may be called the Andhra Pradesh (Telangana Area) Land
Revenue Rules of 1951.

(2) They shall come into force in the whole of the (Telangana Area) of the
A.P. State from the date of their publication in the Gazette, (Published in
Hyderabad Gazette No.3, dated 18th January, 1951).

(3) Definitions :- In these rules (i) Act means the Andhra Pradesh
[(Telangana Area) Land Revenue Act of 1317 F.):] (ii) Form means the
form appended to these rules.

(4) Repeal :- The Andhra Pradesh (Telangana Area) Settlement Rules, of

1318 F and all Gashtis and Orders issued before the commencement of
these rules, in so far as they are a repetition of, or inconsistent with the
provisions of these rules are hereby repealed; but nothing herein
contained shall affect anything done under the said Settlement Rules,
Gashtis and Orders before the commencement of these rules.

PART 1 General

A - Occupant Right to Improvements

B - Transfer of Registry of Holdings

C - Relinquishment of land

D - Alluvion and Diluvion

E - Cultivation of Pot Kharab

G - Rights of Inamdars and Qualdars to Irrigation from

Government sources

H - Wells situated outside the Ayacut of Government

Patasthal sources

I - New wells constructed within the Ayacut of Government

Patasthal sources

J - Levy of Local Cess

K - Kists of Land Revenue

Rule 2 Occupant shall be entitled to full benefit of

improvements

Subject to the provisions of these rules, every occupant of land shall be

entitled to the full benefits of all improvements made by him in the land at
his own expense by way of construction of or repairs to farm buildings and
wells or planting of trees or otherwise, and no additional assessment shall
be levied in respect of such improvements:

Provided, however, that no occupant shall construct any tank or kunta

without obtaining the previous permission of Government. The
Government may grant such permission subject to such conditions as it
may deem fit according to the circumstances of each case. The Collector
may order the demolition of any tank or kunta constructed without such
permission, without prejudice to any other action that may be taken
against the occupant under the law for time being in force. The village
officers shall be responsible to see that provisions of this rule are not
contravened and shall in case of failure, render themselves liable to
dismissal.

Rule 3 Areas to which these rules shall be applicable

The provisions of these rules relating to transfer of registry of holdings
shall apply to those areas where the record of rights has not been
introduced under the Record of Right in land Regulation 1358F., and shall
continue to apply till the said Regulation is made applicable. In areas
where the record of rights has been introduced under the said Regulation,
transfer of registry of holding shall be governed by provisions of that
Regulation and of the rules made thereunder.

Rule 4 Conditions on which the register holder may alienate

(1) Save as otherwise provided in the Act or in any other law for the time
being in force, a registered holder of land may alienate, sub let, mortgage,
sell, give, bequeathe or otherwise dispose of the whole or any portion of
his holding.

Rule 5 General rules for transfer of registry of holding

(1) An accurate upto date register of holdings shall be maintained in every

village showing, as far as possible, the names of persons who are the real
owners of land or who by virtue of their title, whatever; its nature are in
enjoyment of land. The procedure laid down in the following rules, shall be
adopted for effecting changes of registry in the revenue accounts when
any transfer of land takes place.

(2) Alteration in the Registers in respect of all transfers of property, either

by way voluntary action of the owners or by virtue of decree of court,
revenue sale, or succession shall be made in conformity with the
procedure laid down hereunder.
Rule 6 Voluntary transfers of title

(1) In all cases of absolute transfers of title, the registry of a holding shall be so
altered as to correspond with the transfer of its ownership on the application of
either or both the parties to the transfer, provided the application for change of
registry shall subject to the provisions of Rule 11 be made in writing and signed
by the party or parties making it. The application may be presented in person or
by duly authorised agent or be sent by registered post. The application may be
attested by the Patwari and Patel of the village in which the land is situated, such
attestation being taken as evidence of the identity of the party or parties.

(2) Where an application under sub rule (1) is presented by both the parties one
of whom is the registered holder the change of registry may be ordered at once.
But where the application is made only by one of the parties to the transfer to a
notice of the same shall be taken out to the other party, who may be served
either in person through a peon or the village staff or by registered post. If the
correct address of the party is not known, the registered letter may be directed to
his last known place of residence. In case personal service is not possible, service
should be effected in the manner prescribed in the Act.

(3) Where the registered holder is not a party to the transaction, a notice shall
also be given to him whether the application for transfer of registry is presented
by either or both the parties. Where only one party to the transaction makes the
application, the parties should be connected by a complete chain of documents
whether the other party raise any objection or not. In case the chain is not
complete, it may be completed through other evidence, such as statements of
respectable ryots, kist receipts, etc. One month time shall be allowed for filing
objections if any and an enquiry be held in respect of the same. Thereupon
transfer of registry shall be ordered unless the objection is found to be valid. The
transfer of registry thus ordered shall be entered in the Records of the Jamabandi
taking place immediately after the passing of the said order.

Rule 7 Compulsory transfers of title

(a) In cases of transfer of title of holding in the name of decree holder

pursuant to a decree of a Civil Court or of purchaser in auction sale held in
execution of decree of a Civil Court, change of registry may be ordered at
once on the application of any of the parties to the suit or of the auction
purchaser and on the production of a certified copy of the decree or a
certificate of sale as the case may be and a certificate of delivery of
possession in pursuance thereof provided the transfer is from a registered
holder. When the transfer is from a person who is not a registered holder,
a notice shall be given to the registered holder in the manner provided in
Rule 6 before change of registry is ordered. In cases where any certificate
of delivery of possession cannot be produced; as for instance, where in the
decree itself possession is conferred without execution proceedings and
the decree is apparently final, the case should be dealt with as provided in
Rule 6 in regard to application for change of registry presented only by
one of the parties to the transfer.

(b) In cases where transfer of registry is sought under a declaratory

decree on which no execution can be taken out i.e., where the decree
merely declares the title to be vested in a particular person, so as to
entitle him in registration, the Collector or other authorised officer may on
production of a certified copy of such decree, at once order the transfer of
registry. The transfer of registry thus ordered shall be entered in the
records of the Jamabandi taking place immediately after the passing of the
said order.

Rule 8 Cases where no application for transfer is made

(a) The Patwari shall prepare every month a statement in Form A showing
therein all cases of transfer in which neither party has applied the revenue
officers for transfer of registry. Each case shall be entered in a separate
form in duplicate. The Patwari shall, if possible obtain the signatures of the
transferers and the transferee and also of the registered holder where he
is not a party to the transaction. The statement shall be sent to the
Tahsildar or Naib Tahsildar within whose jurisdiction the village is situated.
On receipt of the statements, the Tahsildar or Naib Tahsildar shall dispose
of cases forthwith where the signatures, of all the parties have been taken
and there is no dispute or doubt. Other cases shall be dealt with in
accordance with the provisions of Rule 6 or 7, as the case may be. One
copy of the statement together with the orders thereon shall be sent back
to the Patwari and the other shall be retained in the Tahsildar or Naib
Tahsildar office.

(b) The Girdawar shall inspect every village in his circle once at least in
each half year and submit his report about every case of transfer of land in
the village to the Tahsildar and Naib Tahsildar as provided in Rule 11. The
Tahsildar and Naib Tahsildar shall check Girdawar work at least in one or
two villages in each circle annually.

Rule 9 Transfers of title by succession

All cases of change of registry necessitated by the death or the prolonged

absence for more than seven years, of the registered holder shall be
disposed of under this class of transfers.

Rule 10 Transfer in favour of person proving possession for

twelve years

Where in a summary enquiry parties who have no documents of title, are

shown to have been in possession of holding as reputed owners of land for
twelve years or more, transfer of registry shall be made after notice, as
provided in Rule 6. Action under this rules shall be taken by the revenue
officers either on their own motion or on the application of the parties
concerned. Payment of revenue as evidenced by the production of kist
receipts or by the testimony of the village officers may be taken as proof
of possession. In the absence of such proof, oral evidence of possession
may also be accepted.

Rule 11 To whom application should be made

(1) Applications for transfer registry under the provisions of Rule 6 or Rule
7 shall be made to the Collector or Deputy Collector and all other
applications for transfer of registry shall be made to a Revenue Officer not
lower in rank than a Girdawar in whose jurisdiction the land, the registry
of which is sought to be changed, is situate or to registration officer when
any deed of conveyance is presented for registration. The Patwari of the
village shall immediately report the death of a registered holder to the
Tahsildar or Naib Tahsildar within whose jurisdiction the village is situated,
giving the names of heirs of the deceased so far as may be ascertained.
The Collector, Deputy Collector, Tahsildar or Naib Tahsildar, as the case
may be, shall dispose of finally all applications for transfer filed before him
and shall direct change of registry either of his own motion after enquiry
and report of an officer not lower in the rank than a Girdawar.

(2) No appeal shall lie in cases of transfers registry ordered by a Tahsildar

or a Naib Tahsildar. The Deputy Collector and the Collector may, in the
exercise of the their general powers of revision, entertain revision petitions
at any time against the orders of their subordinates in such cases and shall
entertain such application when there is a likelihood of Government being
involved in a civil suit. The Girdawar after making personal enquiry in the
village where the land is situated may dispose of such of the applications
for transfer of registry as are presented to him and also such of the
outstanding case of transfer of registry ascertained by him during his
inspection as provided in Rule 8 (b) which do not involve any dispute or
formation of new sub divisions. Disputed cases and cases involving sub
divisions shall be submitted to the Tahsildar or Naib Tahsildar, as the case
may be, for orders.

Rule 12 Action to be taken by registering officers

In every cases of absolute transfer of landed property by a deed of

conveyance, or of transfer of possession by any other kind of instrument,
registered in any registration office, the registering officer shall obtain
from the party presenting the instrument an application in Form 1 for the
transfer of revenue registry of the land conveyed or transferred by the
document. If both transferer and transferee appear before the registering
officer, he shall obtain the signatures of both of them on the application.
The registering Officer may also receive an application in writing for such
transfer from the party to such a document who does not appear before
him. If neither the transferor nor the transferee is willing to make such an
application, the registering officer, himself shall prepare a notice of the
transfer in Form A filling in such of the columns therein of which
information is available with him. The Registering Officers shall transmit all
applications presented to them which shall be in Form II as well as notices
prepared by them to the Tahsildar or Naib Tahsildar of the Circle in which
the property is situated, who shall take action on them as if they had been
received by revenue officers direct.

Rule 13 Withdrawal of applications for transfer

In the case of applications for change of registry made before registration

officers as well as those made before revenue officers, no transfer of
registry shall be effected if before such transfer is made, the registered
holder gives notice intimating about the withdrawal of his application. But
where there is a duly executed and registered document evidencing the
transfer, the procedure prescribed in the later portion of Rule 6 should be
followed as if an application were made only by the transferee.

Rule 14 Stamp duty

Applications for transfer of registry in the revenue account shall be exempt

from stamp duty.

Rule 15 Change of names in joint pattas

(a) On account of death :- In the case of change of names in joint pattas

on account of death the procedure shall be the same as that specified in
Rule 9 for cases of deceased in single pattas.
(b) Joint registry of the name of a transferee :- Where a joint holder of a
holding has transferred his interest in a joint holding, the name of the
transferee may be registered jointly with the other co sharer name being
removed, unless his interest has been transferred only in part. The
consent of the other co sharers shall not be necessary, but due notice shall
be given to all joint holders of a holding in the manner provided in Rule 6
and their objections shall be carefully considered before the transfer is
registered.

(c) Sub division and separate registry of joint holdings :- Sub divisions and
separate registry of a joint of holding may be effected at the instance of
any one of the joint holders of a holding or of the persons to whom the
whole or part of his share has been transferred provided that the shares
are marked on the ground by well defined boundaries. The consent of the
joint holders shall not be necessary but notices shall be issued to all
persons interested in the manner provided in Rule 6 and their objections
shall be duly considered.

Rule 16 Relinquishment of land

A registered holder may relinquish his land by submitting an unconditional

razinama in writing to the Tahsildar of Naib Tahsildar before the end of
April in any year. Such razinama need not be stamped but shall be in Form
C and the declaration therein shall be attested by two respectable
witnesses. The Patwari shall, if requested to do so by the registered
holder, write the razinama himself without charging any fees for the same.
If the razinama is prepared by the Patwari, he shall affix his signature
beneath the words written on the lower left hand corner of such razinama.
The Tahsildar or Naib Tahsildar, as the case may be, who receives such
razinama shall certify it in his own hand according to the certificate
prescribed in Form C . He shall exercise due care in ascertaining the
identity of the person who has signed the same, notwithstanding that such
notice has been duly endorsed as hereinbefore required. The
relinquishment shall have effect from the close of the current year.
Rule 17 Procedure when razinama is sanctioned

After the razinama has been certified, the certifying officer shall give a
written intimation to the applicant that his razinama has been sanctioned
and shall also inform the village officers of the same. The village officers
shall make an entry regarding the relinquishment in the village register.

Rule 18 Certification of razinama

A registered holder may get his razinama certified by appearing before any
revenue officer not lower in rank than a Naib Tahsildar.

Rule 19 Certification of razinama on commission

Where a registered holder cannot appear in person and present his

razinama for certification on account of the old age, sickness, or other
infirmity or because the registered holder is a purdha nashin woman or for
any other reasonable ground the razinama may be certified on
commission.

Rule 20 Certification of razinama by Jail Superintendent

If a registered holder is in prison the certificate of the Jail Superintendent

shall be deemed to be sufficient for the purposes of sanctioning the
relinquishment.
Rule 21 Razinama by minor

In the case of razinama by a minor registered holder, the attestation of his

guardian shall be deemed sufficient.

Rule 22 Razinama to be refused for arrears

A razinama shall not be accepted if there are any arrears due on the land
which is proposed to be relinquished.

Rule 23 Procedure when razinama is withdrawn

A registered holder whose razinama has been certified may withdraw the
same at any time before the order for excluding his name from the land
records has been passed in Jamabandi, by submitting an application in
writing to the Tahsildar withdrawing his razinama. On receipt of such
application, the Tahsildar shall not take any further action on the razinama
and shall pass orders that the patta of the land shall continue in the name
of the applicant.

Rule 24 List of lands relinquished

The Village Officers shall affix to the Chavidi of the village, a list of all
lands relinquished in the month of April for information of persons who
may apply for the grant of the relinquished lands. The list shall be kept
affixed to the Chavidi till the 15 of May when a copy thereof shall be sent
to the Tahsildar with a certificate of five respectable persons to the effect
that the list was kept affixed to the Chavidi.
Rule 25 Alluvion and Diluvion

In case of alluvion and diluvion, if the limit of two guntas in the case of
wet land and one acre in the case of dry land prescribed in Sections 55
and 56 of the Act is exceeded and the change is of a durable nature, the
increase or decrease shall be surveyed and assessed and the Sethwar
corrected accordingly. But if the change is of a temporary nature, one year
increase or decrease may be made in the Jamabandi.

Rule 26 Levy of Assessment

If in settlement any area has been deducted from the area of any survey
number for pat kharab (for example, rocks, stones, etc.,) and the
occupant makes such area cultivable with his capital and labour, no
assessment shall be levied on its during the term of settlement but if wet
cultivation is done from Government water the difference between wet and
dry assessment shall be levied as water rate till the next revision where
full wet rate shall be levied. Nothing in this rule shall entitle any occupant
to obstruct or cultivate the area deducted for tracks, or any other land
such as tope, kunta, well, burial ground, saltpan, etc., reserved for a
public purpose.

Rule 26A

Such portions of any survey number for which Pot kharab has been given
on account of Sendhi and Toddy trees standing thereon shall be charged
the assessment at the rate fixed for the survey number.
Rule 27 Tank Bed land not to be granted on patta

No unoccupied land situated in the bed of a Government source irrigation

shall be granted on patta.

Rule 28 Auction of right of cultivation for a specified crop

If any land mentioned in Rule 27 emerges from the water in any year and
is fit for cultivation it shall not be leased for cultivation.

Rule 29 Grant of remission for bed lands

If after the bed land is cultivated water comes into the source due to
unseasonal rains and the land or any portion of it is submerged and
cultivation is not possible, (the lease amount) of the merged area shall be
remitted. If, after the land is cultivated, the crop is submerged and
destroyed, remission shall be given in accordance with the provisions of
Rule 45.

Rule 30 Lease of bed lands of rivers and nalas

(1) The bed lands of rivers and nalas which come out due to recession of
water and area fit for cultivation may be leased on Eksala basis for
cultivation, preference being given to persons belonging to Scheduled
Castes, Scheduled Tribes, Backward Classes or Harijans and subject to the
condition that cultivation is restricted to creepers such as cucumber,
melons, mustard and the like, and that all the crops on the land shall be
completely removed by the 31st May, so as not to obstruct the free flow or
cause silting or general raising of the river bed.

(2) The provision of Rule 29 shall apply also to bed of rivers and nalas
coming under this rule.

Rule 31 Right of Inamdars to Government water

If an Inamdar who, by virtue of Sanad or usage, is entitled to free

irrigation of a particular crop from the Government source, takes water for
a second crop or for sugarcane, he shall be charged full assessment in
respect of the additional crop.

Provided that the seth sindies, neeradhies, balutedars shall be charged

only 3 4th of the full assessment in respect of the additional crop.

Rule 32 Irrigation of Qual land from Government source

If a Qualdar irrigates his qual lands from a Government source within the
period of qual three fourths of the full assessment of the land shall be
recovered from him besides the qual amount. After the expiry of the
period of qual, the full wet assessment shall be levied after deducting dry
assessment due to Government, in Inam land.

Rule 33 Orders relating to remissions applicable to

Government share in Inam land

The provisions of these rules relating to grant of remission shall also apply
to the share of the Government.
Rule 34

(Deleted)OMMITED

Rule 35 Ryots free to sink wells

If a ryot sinks new wells in dry land in his occupancy situated outside the
ayacut of Government patasthal sources, or repairs dilapidated or dried up
wells with his own capital and does wet or baghat cultivation therefrom or
plants trees, etc., he shall be entitled to the full benefit of such
improvements and no additional assessment except the dry assessment
fixed by settlement shall be levied on such lands. If such lands come
within the ayacut of a Government source in future due to the construction
or extension of or repairs to a source of irrigation, the ryots of such land
shall not be compelled to irrigate their land from such source. They shall
be free to take water from such source or not. If Government water is
taken patasthal wet assessment shall be levied as before. It shall not be
necessary to obtain any permission for sinking wells or repairing existing
wells. The Village Officers shall maintain a record of all such wells giving
details of land irrigated thereunder and send an annual statement to the
Tahsil Office where entries shall be made in the concerned taluq register.

Rule 36 Pucca and kachcha bhurkies and dry lands

Dry lands under bhurkies constructed on the banks of natural rivers and
nalas shall be charged 1 1/8 the maximum dry rate of the village in the
case of pucca bhurkies and 1 1/4 the maximum dry rate in the case of
kachcha bhurkies until the next revision settlement.
Rule 37 Wells constructed by ryots within the ayacut

(2) If on account of repairs to or extension of a Government source such

land can be irrigated from such source for both the crops, the ryot shall be
bound to take Government water for both the corps. (3) This rule shall
apply also to quali wells construed by ryots in accordance with quals
granted under Government Resolution No.38 of 1303 F.

Rule 38 New bhurkies in Patasthal wet lands

New Bhurkies situated in Patasthal wet land on which no assessment has

been fixed by settlement and which are constructed by ryots on the banks
of natural and nalas shall be governed by the provisions of the foregoing
rules :

Provided that in the case of pucca bhurkies 1 1/8 the maximum dry rate of
the village and in the case of kachcha bhurkies 1 1/4 the maximum dry
rate shall be levied.

Provided further that :- (i) When the lifting of water is done by means of
mechanical pump only the maximum dry assessment of the village shall be
levied under categories of Bhurkies mentioned above (ii) if such lifting
involves the stoppage of perennial flow of water in the natural rivers and
steams, prior permission of the Government is necessary.

Rule 39

(Omitted by G.O.Ms.No.7510 Revenue, dated 3-12-1959)OMMITED

Rule 40 Kists of Land Revenue

The following dated are fixed for the payment of land revenue to
Government.

Karif and Abi Crops....................From 1st January to 31st January.

Rabi Crop..............................From 1st to 21st April

Tabi Crop..............................From 1st June to 15th June

Rule 41 Record of rainfall

The record of rainfall year shall be maintained from 16th May and rainfall
entries should be made in rainfall statements.

PART 2 PART

PART A - Dry Lands No remission for dry land and no

additional assessment for a second crop in such land.

B - Wet Lands under Patasthal sources

Rule 42A
"Where a wet crop is raised on dry land the water cess would be the
difference between wet and dry assessment and that on irrigated dry crop
raised on dry land would be one third of the difference between and dry
assessment subject to maximum Rs.30 per acre in the case of wet crop
and Rs.20 per acre in the case of dry crop. The Water cess so levied
should be in addition to the existing dry assessment.

Rule 43 Wet cultivation compulsory in all lands under

patasthal sources

(1)In the cases of all patasthal wet lands whether classed by statement as
single crop abi, single crop tabi or double crop, the abi crop shall be
deemed to be first crop and tabi the second crop. Cultivation of all such
lands in abi shall be compulsory if water is available at the source.
Cultivation in tabi shall also be compulsory if water is available. In the
case of all wet lands whether single crop or double crop, full assessment
shall be levied for the abi crop and the same assessment shall be charged
for the Tabi crop and if third wet crop is also raised on the same land, the
charge levied shall be the same as for the crop.

Rule 44 Remission of assessment of patasthal wet lands when

they are not cultivated for any reasonable grounds

If a whole survey or potenumber of Patasthal wet land is left fallow for any
of the grounds mentioned in the foregoing rule, remission of assessment
shall be granted, on an application by the parties or on a report of the
local Patwari and Girdawar. For the purposes of Jamabandi such remission
shall be called "Kame eksala".

Rule 45 Remission of assessment of patasthal wet lands when

their crop is destroyed

(2) Every ryot who wishes to claim remission under this rule shall submit
an application in writing on unstamped paper to the Tahsildar or Naib
Tahsildar not later than 22nd of November in the case of abi crop and not
latter than the 15th of April in the case of abi crop. In the case of
sugarcane crop, if the crop does not germinate, the application shall be
submitted before the end of June and if it is destroyed after germination,
the application shall be submitted not later than the 15th of November but
in special circumstances an application presented between the 15th
November and 30th of December may be accepted. The Patwari shall, if
requested to do so by the ryot, write application free of change.

(3) As soon as an application is received, the Tahsildar or Naib Tahsildar

shall transmit it to the Girdawar, who shall, without any delay inspect the
crop and make a panchanama of the crop in Form D and submit it to the
Tahsildar or Naib Tahsildar as the case may be. The Panchanama shall be
made in the presence of well informed panchas after making a proper
estimate of the produce.

(4) A Revenue Officer not lower in rank than a Naib Tahsildar shall
personally inspect every land in respect of which an application for
remission is made under this rule within 15 days from the date prescribed
in sub rule (2) for submitting such application and shall record his opinion
on the panchanama after making an estimate of the produce. Tahsildar or
Naib Tahsildar shall be held responsible if this important work is not
completed within the prescribed time limit. Reports showing the progress
of this work be sent by the certifying officer to the Deputy Collector and
Collector every fortnight. If the Deputy Collector is himself the certifying
officer, he shall send such report to the Collector. If the number of
applications is large, the work may be distributed among the Naib
Tahsildars, Tahsildar and Deputy Collector. The ryots shall be bound to
preserve the crop till the inspection of the certifying officer and shall not
be entitled to any remission if they fail to do so. The Collector shall
exercise street supervision over the subordinate officers in order to ensure
completion of this work within the prescribed time limit;
(5) After the Panchanamas have been certified by the Tahsildar or Naib
Tahsildar, they shall be submitted to the Deputy Collector for sanction.
When such sanction is received, it shall be communicated to the Village
Officers and final accounts of such lands shall be settled in the Jamabandi.

(6) The Collector shall be competent to sanction of remission for

destruction of crop, after the Jamabandi goshwars have been despatched
to the Revenue Department but intimation of such sanction shall be given
to the Revenue Department within a week so that a record of the financial
result of such sanctions may be maintained.

Rule 46 Sugarcane cultivation

(1) The assessment for sugarcane shall be [ ] twice the abi assessment.
The minimum area for sugarcane cultivation shall be ten guntas and if it is
cultivated in less than ten guntas, assessment shall be levied on full ten
guntas.

(2) If sugarcane crop is standing in a field it should be given priority for

supply of water from the patasthal source.

(3) For the second and third crop of sugarcane commonly known as
modam and makarmudam , the same assessment shall be charged as for
first tabi crop.

(4) After the sugarcane crop has been harvested, if tabi or baghat
cultivation is done, full tabi assessment shall be levied for such cultivation
but the ryot shall not be bound to do such cultivation.
(5) In times of drought, if the sugarcane crop is irrigated from a well or by
lifting patasthals water by a Gooda for a period of more than one month
due to shortage of water in the patasthal source, remission may be
granted at the rate of 1 12 of the fixed assessment for every month. But
no remission shall be granted if the period of such irrigation is less than a
month.

Rule 47 Baghat cultivation in patasthal wet land

If, in spite of sufficient water being available, baghat cultivation is done in

patasthal wet land, the full wet assessment shall be levied. If patashal
water is taken for such cultivation throughout the year, full double crop
wet assessment shall be charged.

Rule 48 Wet cultivation in patashal baghat land

If the baghat assessment of land classed by settlement as patashal baghat

is equal to the abi assessment shall be charged as in the case of patashtal
wet land.

Rule 49 Panmalla cultivation

If panmalla is irrigated from a Government patashal source, full double

crop wet assessment shall be levied. The minimum area for panmalla
cultivation shall be ten guntas and if it is cultivated in less than ten guntas,
assessment shall be charged for the full ten guntas.
Rule 50 Distribution of water for cultivation in cases of
shortage of water supply

If in tabi season a patasthal source does not have so much water as to be

sufficient for the entire ayacut under it, the area to be wet cultivated
under the source during such season shall be determined after making an
estimate of the quantity of water. The Girdawar shall, with the aid of the
Village Officers make an estimate of the water after making a panchanama
in the presence of respectable panchas of the village and select the lands
to be irrigated. In selecting the lands the survey numbers nearest to the
source and situated in a compact block should be selected. Standing crop
of sugarcane, panmalla or plantains and wet Inam lands of seth sind and
neeradies which have been granted to them in lieu of service should be
given preference. The Girdawar shall submit his report together with
panchanama to the Tahsildar. After the Tahsildar has accorded sanction,
arrangement for cultivation shall be made accordingly. The Tahsildar shall
be responsible to see that these arrangements are completed sufficiently
before the cultivation season.

Rule 51 Conversion of patasthal baghat land into patashal wet

In patasthal baghat land if a single or double wet crop is raised

continuously for the three years, it may be converted into single or double
crop wet land, as the case may be by effecting decrease and increase in
Jamabandi.

Rule 52 Conversion of single crop wet land into double crop

wet

If single crop patasthal abi land is wet cultivated both in abi and tabi
continuously for a period of three years due to sufficient water, being
available in the concerned source, it may be converted into double crop
land by effecting crop increase (fasal izaffa) in Jamabandi. But if water is
taken for the second crop in any year incidentally, wet assessment should
be levied under the head "Sivai Jamabandi"

Rule 53 Bhaghat or wet cultivation in dry land or double crop

wet cultivation in single crop wet land

If due to repairs to or extension or construction of a source of irrigation at

Government expense during the term of settlement, baghat or wet
cultivation can be done in dry land, or wet cultivation in a baghat land, or
double crop wet cultivation in a single crop wet land. It shall be incumbent
on the ryots [subject to Rule 35] to do such cultivation if there are no
reasons preventing such cultivation and baghat or wet assessment, as the
case may be, shall be levied on such land.

Explanation:- Whereafter the first wet crop on a single crop wet land has
been harvested, an irrigated dry crop is raised in tabi although sufficient
irrigation supplies for raising a second wet crop are available in the source,
the assessment chargeable for such irrigated dry crop shall be half the tabi
assessment.

Rule 54 Remission of second crop assessment of double crop

lands under big projects

In the case of lands under sources of irrigation having a large and

perennial supply of water which can be cultivated for both the crops and
have been classed as double crop lands, if during any year any of such
lands are not fit for cultivation in the second crop, remission may be
granted in Jamabandi under the head kami eksala for the second crop, if
there are satisfactory grounds for the same.

Rule 55 Conversion of patasthal wet land, dry land

Land classed as patasthal wet land, which has not been wet cultivated for
a period of ten years or more due to reasons beyond the control of the
ryot, shall be excluded from wet and included in dry land with the sanction
of Collector and ain kami (actual decrease) shall be effected in Jamabandi.

Rule 56 Reduction of one crop in double crop land

If the double crop patasthal wet land is found to be unfit for double crop
cultivation, it may be converted into single crop land with the sanction of
Collector and ain kami (actual decrease) effected in Jamabandi

Rule 57

[Omitted]

Rule 58 Second baghat or dry crop in patasthal baghat land

In patasthal baghat land, if after the raising of one baghat or dry crop is
cultivated no additional demand shall be made in respect thereof.

Rule 59 Dry cultivation in addition to wet crop

In patasthal wet land, if a dry crop is raised without the help of

Government water, in addition to the prescribed wet crops no additional
assessment other than the fixed wet assessment shall be levied. Where an
irrigated dry crop is grown on wet lands as a second or third crop, the rate
leviable for raising such crop would be one third of the difference between
wet and dry assessment subject to maximum of Rs.20 per acre.

Rule 60 Dry cultivation in patasthal wet land

In single or double crop wet land exclusively under a patasthal source, if

dry cultivation is done due to scarcity of water, only one dry assessment
shall be levied irrespective of whether one more dry crops are raised
therein and the remaining wet assessment shall be remitted under the
kami eksala . If water is taken from Government source for such dry crop
once or twice double the dry assessment shall be levied for one such crop.

Rule 61 Remission if the irrigation source is breached

(1) If a patasthal source of irrigation is breached and the entire field

remains fallow due to water not being available, the assessment for the
year in which the source is breached shall be remitted under the head
kami eksala . But if dry cultivation is done in such land in that year, dry
assessment shall be levied and the remaining wet assessment shall be
remitted. As from the second year until the water supply is restored, dry
cultivation shall be compulsory in such land and dry assessment shall be
levied irrespective of whether dry cultivation is actually done or not.

(2) If a source is breached and wet cultivation is done by a Bhudki by

stopping the water which is going waste wet assessment should not be
charged.

Rule 62
Budkies Bhor Koles which are constructed on the banks of channels of
patasthal sources of irrigation for the purpose of carrying water to lands
situated at a higher level and which are dependent on the water of such
sources shall be deemed to be wells and the assessment on such land shall
be levied as per rule 36.

Rule 63 Remission for double crop wet land if one crop is

destroyed and the other is obtained

In double crop patasthal wet land, if any one of the two crops gets
destroyed and other is harvested, the assessment for abi shall be levied
and the assessment for tabi shall be remitted under the head moafi eksala
.

Rule 64 Remission for single crop abi land if abi gets

destroyed and tabi is harvested

In single crop patasthal wet land if tabi is cultivated but gets destroyed
and the tabi crop is harvested, the assessment for abi shall be remitted
under the head moafi eksala and the assessment for abi shall be levied.

Rule 65 Mode of assessment when patasthal wet land is

irrigated from wells

Where owing to non availability of water from the appropriate patasthal

source, wet cultivation is done with the help of a well whether new, old,
auxiliary, quali or inami and whether situated within the ayacut of outside,
dry assessment shall be levied and the remaining wet assessment shall be
remitted under kami eksala,:
Provided that if such a well is a Government well, having no separate land
assigned thereto, half the patasthal assessment shall be levied and the
remaining half shall be remitted under kami eksala . Provided further that
if such well is situate in the ayacut, the highest dry rate of the village shall
be levied.

Rule 66 Provided that all the lands under well situated in the
ayacut shall be treated as under patasthal source.

For purposes of assessment of lands whether classed in the settlement

records as motasthal or patasthal shall be treated as if there were no
classification on account of motasthal source:

Rule 67 Patashal wet land irrigated partly from the concerned

source and partly from the unconcerned source

(1) In the event of partial failure of water from the patasthal source, no
remission shall be granted if the source has irrigated a crop for not less
than half the period before the source dried up and the crops are saved
with the help of any auxiliary or quali or inami well. But half the
assessment shall be remitted if the patasthal source has irrigated the crop
for less than half the period.

(2) If a patashal source is breached and the ryots save the crops with their
labour and expense, remission up to half the assessment may be granted
taking into consideration the expenditure incurred on such saving
irrespective of whether or not the water from Government source was
taken for more than half the period.
Rule 67A

Where on a single crop wet land registered in the revenue accounts of the
Government, under a Government source of irrigation and irrigated in tabi
and a second crop is raised with the help of water drawn from private well
throughout the season owing to non availability of water from the
Government source, dry assessment or half the tabi assessment whichever
is less shall be levied."

Rule 68 Irrigation of land situated outside the ayacut from

Government patashal source

If any land situated outside the ayacut of patasthal source is irrigated from
a Government patasthal source and as a result of such irrigation, the wet
land or a portion thereof registered under such source get affected.
patasthal assessment shall be levied on the irrigated land in addition to
the dry assessment.

Rule 69 Special circumstances under which remission can be

granted to the crops under wells

If the crop under a well is destroyed due to reasons beyond the control of
the ryot, such as hailstorm, frost, floods, locusts, etc., remission shall be
granted in accordance with the provisions of Rule 42.

Rule 70 No agricultural land can be diverted to any other

purpose, without the permission of the Collector

Where a land has specifically been assigned for agricultural purpose and
assessed as such, it shall not be put to any use to which, in the opinion of
the Collector, it is apt to alter or undo the agricultural character the land.

Rule 71 Mode of assessment in the event of diversion of

agricultural lands to non agricultural purposes

xxxx

Rule 72 Special circumstances under which lands shall be

exempted from the levy of special assessment or ordinary
land revenue

(1) Notwithstanding anything contained in Rule 71 agricultural lands used

for public purposes like hospitals, schools and orphanges, etc., shall be
exempt not only from the levy of special assessment but also from the
ordinary land revenue.

(2) In places which are subject to local taxes lands acquired or used for
roads, burial grounds, burning ghats, playing grounds and manurial pits
and other like purposes, which do not fetch any income to the Local
Government, shall be excised from the agricultural area. Where, however,
such lands have been diverted to purposes like construction of market,
extension of population and slaughter houses, etc., which fetch income,
patta of such lands shall be registered in the name of the Local Body and
special assessment levied.

Rule 73

The Lands irrigated under Parre Kalwas shall be charged dry assessment
plus one third of the difference between the maximum wet and dry rate of
assessment of the village, subject to the condition that if the assessment
so calculated exceeds Rs.5 per acre, it shall be charged at the rate of Rs.5
only per acre.

Explanation:- Parrekalwa is a channel excavated by ryots with their own

labour and at their own cost, on the bed of a river or stream, whereby
they obtain supplies of water, percolating from below the surface of sand
in such rivers and streams, in order to irrigate their lands by the flow of
such waters. If, however such a channel should be run with the aid of
waters flowing on the surface of the sand, it will not be deemed to be a
Parrekalwa.

APPENDIX A Registered Holder

FORM A

Registered Holder

Transferor Transferee Particulars of title and Alienation Village Number

Name Father'sName Address Name Father'sName Address Number of
patta,if any Name Father'sName Address Surveynumber and Sub-
divisionnumber Wet orDry Assessment Extent transferred if it is aportion
of survey numberor sub-division numberwhether it is defined byridges or
other marks Whether the landis mortgaged for ataccavi loan and ifso
details of suchloan Particularsof transfer Village officer'sremarks Particulars
ofaction taken inthe Taluk office (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)
(11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21)

1. Signature of the registered holder in token of his consent to the transfer

of registry and the sub division if necessary.

2. Signature of the transferor in token of his admission of the fact of the

transfer.

3. Signature of the transferee in token of his consent to the transfer of

registry in his name and the sub division if necessary.

Patel Patwari

APPENDIX B Application for Transfer of Revenue Registry

FORM B

(Rule 12)

Application for Transfer of Revenue Registry

Form to be used when the Application is presented to Registering Officer

I son of residing at request that revenue registry of the land referred to in

the attached schedule and registered in the name of may be transferred to
the name of son of residing at

Signature of the Transferor.

I, the aforesaid consent to have the revenue registry of lands entered in

the schedule transferred to my name.

Signature of the Transferee.

Taluk Village Surveynumber Sub-divisionnumber Irrigatedor dry Extent

Assess-ment Natureoftransfer (1) (2) (3) (4) (5) (6) (7) (8)

--------------------------------------------------------------------------------

Executed before. Registrar or Sub-Registrar.

Note :- It is not essential that the application should be signed by both the
transferor and the transferee: when it is signed by only one of them, the
registering officer shall strike out the blank declaration and affix his initials
across it.

FORM II

(Rule 12)

Form to be used when the Application is presented to a Revenue Officer

I Weson sons of residing in the village ofin taluk do hereby request that
the land specified in the schedule on the reverse and registered in the
name of may be transferred in the name of son ofresiding in the village of
.

Date: (Signature of Transferor)

I We named above do hereby consent to have the registry of the land

specified in the schedule transferred in my our name(s).

Date (Signature of Transferee)

SCHEDULE

SurveyNo. VillageSub-divisionnumber Dry orwet Area Assessment Taluk

Natureof transfer Remarks (1) (2) (3) (4) (5) (6) (7)

--------------------------------------------------------------------------------
Certified:

(1) that the description of land, area, assessment and name of transferor
the have been checked with the Land Register.

(2) that the name of registered holder given in the application is correct
and that signatures of the transferor and the transferee are genuine.

SignatureofPatwari.
Signature of Patel.

Date:

No.

DECISION

The Village Officers have been ordered to have the transfer effected during
the year ................... as requested by both parties.

Note:- This form should be printed on a quarter sheet of paper with the
application on one side and the schedule on the reverse. Only vernacular
copies of the form should be supplied to Talukdars. The original application
will be retained in the Taluk Office and the orders passed separately
communicated to the Village Officers the clerical work involved in marking
copies being reduced either by using the prescribed printed forms or by
requiring the applicants for transfer to present their applications in
duplicate.

APPENDIX C Form of Razinama or relinquishment

FORM C

(Rule 16)

Form of Razinama or relinquishment

To the Tahsildar of

I, S/o inhabitant of in the Taluka, the pattadar or Survey No. (or Sub
division (No) in the village of in thetaluk hereby give razinama under the
Rule 16 of the Land Revenue Rules of 1951 that is my intention to
relinquish and I hereby do relinquish the said Survey No. at the end of the
current year, subject to any rights, tenures, encumbrances or equities
lawfully subsisting in favour of any person (other than Government or the
pattadar).

Dated this day of 19 at

Written by Signature

Witnesses:-

1.

2.

Form to Certificate by Tahsildar

I certify that inhabitant of in the Taluq, the pattadar of Survey No. (of sub
division No. ( ) appeared before me. I know him personally or ................
two persons who are known to me have identified him. The razinama was
read out to him after hearing which he voluntarily admitted before me the
fact of having submitted the razinama. The reasons stated by him for
relinquishing the land area.

(Signed) Tahsildar.

APPENDIX D Form of Panchanama of destroyed crop of village

FORM D

[(Rule 45(3)]

Form of Panchanama of destroyed crop of village

SerialNo. Name of theholder Number ofthe field Name ofthe field

Description of the landwhether dry or wet, undertank, nala or well Name
ofcommoditycultivated TalukTotal area and assessment of the plot Deduct
follow portion District, for the year Remaining portion cultivatedwith
Expenses of cultivation Details of the portion destroyed Remaining portion
ingood condition How much of the cost of cultivation and assessment
canbe met from the value of existing produce Balance amountto be
remitted No. and date of receiptof intimation of des-truction of crop
inTahsil office Date of receiptof intimationof destructionof crop in Tahsil
office No. and date oforder for pre-paration ofPanchanama Date of prepa-
ration of Pan-chanama Name of Panchaswith father name,occupation
andresidence Abstract ofPancha'sOpinion Certification endorsement of the
officer in whosepresence Panchanama wasprepared Opinion of Tahsildar
Sanction ofNazimJamabandi Area Assessment Area Assessment Area
Assessment Expenses ofcultivation Total Area Assessment Reasons for
dectructionof crop Area Quantity ofexisting produce Value of
grainproduced Cost ofcultivation Assessment Total (1) (2) (3) (4) (5) (6)
(7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21)
(22) (23) (24) (25) (26) (27) (28) (29) (30) (31) (32) (33)

ANDHRA PRADESH CONFERMENT OF PATTADARI RIGHTS

ON SHIKMIDARS RULES, 1964

In exercise of the powers conferred by Section 172 read with Section 67 A

of the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F. (Act
VIII of 1317), and in supersession of the Andhra Pradesh Sales of Lands to
Shikmidars Rules, 1959, issued in G.O.Ms.No.1497, Revenue, dated 27th
July, 1959 and published at pages 359 362 of the Rules Supplement to
Part I of the Andhra Pradesh Gazette, dated the 10th September 1959, the
Governor of Andhra Pradesh hereby makes the following rules

Rule 1

These Rules may be called the Andhra Pradesh Conferment of Pattadari

Rights on Shikmidars Rules, 1964. (These Rules were issued in
G.O.Ms.No.1218, Revenue, dated 1-8-64 and published at page 216 of
R.S. to Part I, A.P. Gazette, dated 20-8-64).

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

Rule 3

A Shikmidar who wishes to be declared as a pattadar in respect of any

land under clause (i) of Section 67 A of the Act, shall submit to the Deputy
Collector an application in Form I, enclosing therewith the Shikmidari
certificate in original granted in respect of that land by a Revenue Officer.

Rule 4

On receipt of the application under Rule 3, the Deputy Collector, after

verifying the Shikmidari certificate filed by the Shikmidar, shall declare the
Shikmidar as pattadar of the land covered by the Shikmidari certificate
and issue a certificate to that effect in Form II and give intimation thereof
to the former pattadar of the land.

Rule 5

(1) A shikmidar who wishes to be declared as a pattadar under clause (ii)

of Section 67 A of the Act, shall submit an application to the Deputy
Collector in Form III.

(2) On receipt of the application under sub rule (1), the Deputy Collector
shall send a copy of such application to each of the persons against whom
the declaration under Section 67 A of the Act is sought and shall call upon
every such person to file in writing, on or before a date specified therein or
within such further time as may be extended by the Deputy Collector for
sufficient reasons to be recorded in writing, a statement showing the
grounds, if any, as to why such declaration should not be made.

Rule 6

On receipt of the statement referred to in sub rule (2) of Rule 5, the

Deputy Collector shall issue notice in Form IV to all the parties concerned
specifying the time, date and place at which he proposes to enquire into
the application.

Rule 7

The Deputy Collector, may suo motu take action under clause (ii) of
Section 67 A of the Act, for declaring a Shikmidar to whom no Shikmidari
certificate was granted as pattadar, and fix the date on which and the time
at which, the enquiry will be held and shall issue notice in Form IV to the
pattadar and to all other persons who appear to him to be interested in the
land, requiring them to put in objections, if any, in writing against such
declaration.

Rule 8

On the date fixed for the enquiry under Rules 6 and 7 or on such other
date or dates to which the enquiry may be adjourned, the Deputy Collector
shall give the parties a reasonable opportunity of being heard, and to
adduce such evidence both oral and documentary, if they desired to do so,
and shall also examine such other persons and documents, if any, and on
being satisfied that the applicant or the person who is being considered to
be declared as pattadar, fulfils the qualifications of a shikmidar as required
under Section 67 of the Act he shall declare such Shikmidar as pattadar of
the land and issue a certificate to that effect in Form II and give intimation
thereof to the former pattadar.

Rule 9

(1) An application for determination of the reasonable price under clause

(iii) of Section 67-A of the Act shall be submitted by the former pattadar to
the Deputy Collector in Form V.

(2) On receipt of the application under sub rule (1) the Deputy Collector
shall fix the date, time and place for holding an enquiry and inform parties
of the same in Form IV.

Rule 10

(1) The Shikmidar shall pay the reasonable price as determined under sub
rule (3) of Rule 9 within a period of 3 years from the date of the order of
the Deputy Collector, in such instalments as the Deputy Collector may fix.

(2) In case of a dispute or refusal of the land holder to accept the

reasonable price or the instalment fixed by the Deputy Collector, the
Shikmidar shall deposit the amount in Deputy Collector Office and such
deposit shall constitute discharge of the Shikmidar liability for payment of
the reasonable price to the land holder.

Rule 11

(2) From the sale proceeds realised under sub rule (1) the Deputy
Collector shall pay to the pattadar, the amount of the reasonable price
determined under sub rule (3) of Rule 9 or the balance of it still payable by
the Shikmidar against the reasonable price. If after paying the pattadar,
the reasonable price or the balance of it as the case may be, from the sale
proceeds of the Shikmidar properties any amount is left off, that amount
shall be paid to the Shikmidar.

APPENDIX 1 FORM

FORM I

(See Rule 3)

To

The Deputy Collector,

Division,

District.

Sir,

I am the holder of Shikmidari certificate granted by a Revenue officer in

respect of the land bearing S.No. Pote No. Hiss No. measuring acres
guntas of Village Taluk District and Sri S/o is the pattadar of the said land
and request you that a certificate under clause (i) of Section 97 A of the
Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F, declaring me
as pattadar of the above lands may be issued.

I am enclosing herewith, the Shikmidari certificate in original granted to

me in respect of the above lands.

Date Yours faithfully

Place Signature of the applicant

I hereby declare that the facts stated above are true and correct to the
best of my knowledge and belief.
Dated Signature of the applicant.

APPENDIX 2 FORM

FORM II

(See Rules 4 & 8)

By virtue of Section 67 A of the Andhra Pradesh (Telangana Area) Land

Revenue Act, 1317F the Shikmidar, Sri .S/o . resident of village . taluk . is
hereby declared as pattadar of the land described below from (date) .
subject to the payment of the price payable under the said section.

Sl.No. Name ofthe village Survey No. Hissa and nameof the fieldif any
Area Assessment Name of the land,holder, his fathername and residence.
Dry Wet Baghat Dry Wet Baghat (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

This certificate is issued under clauses (i) (ii) of Section 67 A of the said
Act and is conclusive evidence of Shikmidar having become the pattadar of
the above mentioned lands from (date) .. as against the landholder and all
other persons interested therein. As an immediate consequence of the
conferment of pattadari right on the said Sri .. his relationship of
Shikmidar with the landholder shall cease from the said date.

Date: DEPUTY COLLECTOR

Place:

Copy to Sri .. Son of .. Resident of .. for taking notice of the conferment of

pattadari rights upon the Shikmidar and the date of conferment. He may
apply for determination of reasonable price for his interest in the lands, in
the prescribed form to the Deputy Collector within a period of one year
from the date of issue of this certificate.

APPENDIX 3 FORM
FORM III

(See Rule 5)

To

The Deputy Collector,

Division,

District.

Sir,

I am the Shikmidar of the land bearing Survey No. Pote No. Hissa No.
measuring guntas of village Taluk District, and no certificate of Shikmidari
was granted to me by the Revenue Officer.

The name of the pattadar Other persons interest in the land to the best of
my knowledge are

(i)

(ii)

(iii)

I apply for declaration as pattadar as provided under clause (ii) of Section

67 A of the Andhra pradesh (Telangana Area) Land Revenue Act, 1317F.
The grounds an which I apply for the declaration are :-

My witnesses are :-

Sl.No. Name Father name Resident (1) (2) (3) (4)

--------------------------------------------------------------------------------

I file the following documents in support of my application.

Items. Description

Yours faithfully,

Signature of Applicant.

I hereby declare that the facts stated above are true and correct to the
best of my knowledge and belief.

Date: Signature of the Applicant.

To be filed by the Deputy Collector .. (Name) .. is hereby called upon to

file on or before the .. a statement showing the grounds if any as to why
the declaration applied for should not be made, together with list of
witnesses whom he will produce for examination be on his behalf and the
documents, if any, on which he relies.

Deputy Collector.

APPENDIX 4 FORM

FORM IV

(See Rules 6, 7 and 9)

To

Notice is hereby given that an enquiry will be held on .. at (place) at

(time) for the purpose of considering the case of Sri for declaring him as
pattadar of the lands held by him as Shikmidar for determination of the
reasonable price to be paid to the former pattadar, (score out the portion
not relevant). You are therefore, directed to appear before the
undersigned on that day and make any representation in writing and
adduce evidence as may be necessary failing which the case will be
decided ex parte on its merits and on the material available.

Date:
Place: Deputy Collector.

APPENDIX 5 FORM

FORM V

(See Rule)

Application for determination of reasonable price

To

The Deputy Collector,

Division,

District,

Whereas Sri is declared to be a pattadar of the land held by him as

Shikmidar under Section 67 A of the Andhra Pradesh (Telangana Area)
Land Revenue Act, 1317F, in certificate No. dated the in respect of the
following lands:-

Name of thevillage in whichland is situated Sl.No. Extent Assessment

Other particulars,if any Dry Wet Baghat Dry Wet Baghat (1) (2) (3) (4) (5)
(6) (7) (8) (9)

And whereas the undersigned, the former pattadar of the land, has not
received the price payable therefor from the Shikmidar, you are, therefore
requested that the reasonable price as provided for in clause (iv) of
Section 67 A of the Act may be determined.

Date:

Place: Signature of the Applicant.

ANDHRA PRADESH PROJECT AFFECTED LANDS
ASSIGNMENT RULES, 1961

In exercise of the powers conferred by Section 172 of the Andhra Pradesh

(Telangana Area) Land Revenue Act, 1317 Fasli (Act VIII of 1317 Fasli),
the Governor of Andhra Pradesh hereby makes the following rules

Rule 1

These rules may be called the Andhra Pradesh Project Affected Lands
Assignment Rules 1961.

Rule 2 In these rules, unless the context otherwise requires

(2) "Projects under investigation" means projects for the investigation of

which provision has been made in the Five Year Plan.

Rule 3

(1) Assignment of project affected lands, shall be made subject to the

payment of such market value as was taken credit for, in the final
estimates of the project concerned, in their unirrigated condition: Provided
that the value does not exceed the price which the lands may fetch, if sold
at the time of assignment

(2) No assignment of lands affected by projects under execution will be

made until the alignment of the main channels and distributaries is
indicated by the Chief Engineer and the claims of the persons whose lands
might be required for the purpose of the project are settled.

Rule 4

Assignment of lands covered by Projects under investigation may be made

subject to the liability of the assignee to pay such land value as may be
fixed by the Board of Revenue, having regard to their un irrigated
condition at the date of assignment. No refund of land value collected for
the assignment of lands under a project under investigation will be made
even though the project may not ultimately be executed. A condition to
this effect shall be incorporated in the order of assignment relating to
these lands.

Rule 5

Market value shall be collected in twenty instalments together with the

interest thereon. The Board of Revenue shall be the authority to determine
the market value payable by the assignees of project affected lands and
the assignee shall be liable to pay betterment contribution in addition to
the market value.

Rule 6

The assignment of project affected lands shall be subject to the condition

that the Government may resume if they are required for project works
only. Provided, however, that in the event of resumption, the market
value, if any, collected from the assignee shall be refunded to him but no
compensation shall be payable to him for any improvement that might
have been made by him to the land.
DELEGATION OF POWERS OF COLLECTOR TO DEPUTY OR
ASSISTANT COLLECTORS DELEGATION RULE

In exercise of the powers conferred by sub section (2) of Section 7 of the

A.P. (Telangana Area) Land Revenue Act, No. VIII of 1317 F. (hereinafter
referred to as the said Act) Government is hereby pleased to order that
the following powers of Collector be delegated to Deputy or Assistant
Collectors for exercising in their respective jurisdiction:

Rule 1

To impose penalties for unauthorised cultivation or use of land under

Section 57 of the said Act.

Rule 2

To enquire and fix boundaries of villages and determine disputes, if any,

relating thereto under Section 90 of the said Act.

Rule 3

To determine filed boundaries under Section 92 of the said Act.

Rule 4
To have charge of boundary marks after introduction of Survey Settlement
under Section 96 of the said Act.

Rule 5

To determine the limits of the village site, respect being had to subsisting
rights of landholders, under Section 99 of the said Act.

Rule 6

To take action under Section 101 of the said Act, if land situated in a
village site is held without permission.

Rule 7

To take action under Section 157 of the said Act, for evicting a person
wrongfully in possession of Land.

Rule 8

To declare a double crop land as single crop land, if the said land is not fit
for double crop cultivation.
Rule 9

To grant remission on dry lands whose crops are destroyed for reasons
beyond the control of agriculturists like hail storm, floods, locusts and
frost, under Rule 33 of the Settlement Rules.

Rule 10

To sanction conversion of wet lands irrigated by Bhurkies into dry in case

of the Bhurkies becoming irrepairable.

Rule 11

To sanction expenditure on boundary marks within the Budget allotment.

Rule 12

To sanction a reward of Rs. 100 per Taluk for the immediate protection of
a tank and to sanction reappropriation of the savings of one Taluk to
another Taluk for this purpose. Such reward shall not exceed Rs. 25 per
case.

Rule 13

To sanction arrears of pay or other amounts payable or travelling

allowance or railway fare of his subordinates excepting Tahsildars and Naib
Tahsildars, pertaining to a period within three years.

Rule 14

To refund or adjust arrears of rusum scale outstanding up to three years.

Rule 15

To rectify the wrong entry of the amount of one village into another
village.

Rule 16

To sanction the appointment of Mutasaddies to conditional religious

Mashes not exceeding Rs. 100.

Rule 17

To condone late appearance upto 3 years of the heirs of Watandars when

cogent reasons are shown, and permit enquiry into succession.

Rule 18
To sanction leave to Patels and Patwaries upto three years to be availed of
within the State, or outside, provided no expenditure to Government is
involved.

Rule 19

To appoint Gumasthas on behalf of Government on lawaris watants.

Rule 20

To exempt asaldar patels and patwaris from passing examination if their

age exceeds forty (40) years or they have worked satisfactorily for 10
years.

Rule 21

To sanction transfer of watans of Balutadars.

Rule 22

To make appointments of Balutadars on lawaris watans.

Rule 23

To make new appointments to the ports of sethsindhies and neeradies and

to grant land in lieu of cash mash.

Rule 24

To exchange the land of neeradies with unoccupied Government land.

Rule 25

To sanction casual leave to Tahsildars. [Notification No. 44 A4 55 56,

Revenue, dated 17 8 1956].

ANDHRA PRADESH (SECUNDERABAD AREA) LAND

ADMINISTRATION RULES, 1976

In exercise of the powers conferred by Section 172 of the Andhra Pradesh

(Telangana Area) Land Revenue Act, 1317 Fasli (Act VIII of 1317 Fasli)
and in supersession of the Secunderabad Land Administration Rules of
1355 Fasli, the Governor of Andhra Pradesh hereby makes the following
rules.

Rule 1 Short title, extent and commencement

(1) These rules may be called the Andhra Pradesh (Secunderabad Area)
Land Administration Rules, 1976.

(2) They shall apply to the lands specified in Schedule A .

[(3) They shall be deemed to have come into force on and from the date
on which they are published in the Andhra Pradesh Gazette. All leases
granted under Secunderabad and Aurangabad Cantonment Land
Administration Rules, 1930 and Secunderabad Land Administration Rules,
1355 Fasli, or under any other rules, Regulations or, orders of
Government, shall be deemed to have been granted under these rules
subject, however, to the covenants and conditions subject to which they
were granted.

Rule 2 Definitions

In these rules, unless the context otherwise requires,

(a) Estates Officer meants an Officer appointed by the Government under

these rules to administer the lands mentioned in Schedule "A".

(b) market value means the price which the land would fetch if sold in the
open market and arrived at on the basis of registered sale deeds of similar
land in the vicinity or by conducting local enquiry.

(c) municipal corporation means the Hyderabad Municipal Corporation

constituted under the Hyderabad Municipal Corporation Act, 1955;
(Hyderabad Act II of 1956);
(d) Schedule means the Schedule appended to these rules.

Rule 3 Preparation of general land register

The Estate Officer shall prepare and maintain a general land register for
the lands in the manner as prescribed in Schedule "B".

Rule 4 Register of Mutations

The Estates Officer shall maintain a Register of mutations in the manner as

prescribed in Schedule "C" and shall record.

(i) Every grant of right or interest in the lands mentioned in Schedule "A"
made by the competent authority under these rules.

(ii) every transfer of such right or interest sanctioned by the competent

authority, on application, report an information, after conducting due
enquiry under these rules; and

(iii) every alteration in the plan or elevation of the structures thereon and
every sub division, sanctioned by the competent authority under these
rules.

Rule 5 Classification of lands

The lands mentioned in Schedule "A" situate in the Secunderabad Division

of the Municipal Corporation of Hyderabad shall be classified as follows for
the purpose of general land register.

Rule 6 Transfer of land from one class to another

No change in the classifications of land under Rule 5 shall be made except

under the orders of the Government.

Rule 7 Management of lands

(1) Lands under the occupation of Government Departments shall be

managed by the concerned Departments.

(2) All vacant lands in Class "A" reserved for the occupation of the
Departments of the State or Central government or for the use of
Institutions or Corporations owned or controlled by these Governments
and lands in Class "B" shall be managed by the Estates Officer.

(3) All lands in Class "C" shall be managed by the Municipal Corporation.

Rule 8 Reservation of lands for occupation of Government

Departments etc

Lands in Class "A" shall be used only for occupation of Department of the
State or the Central Government or for Institutions or Corporations owned
or controlled by these Governments.
Rule 9 Disposal of lands in Class "B"

All vacant lands in Class "B" shall be made into plots, taking into
consideration the purposes, either commercial or dwelling, for which they
can conveniently be put to use. The Estates Officer, after obtaining the
approval of the Municipal Corporation and Hyderabad Urban Development
authority and after considering the needs of other Departments, may put
up for sale, in public auction, such plots which can be put to use for
commercial purposes and submit proposals for assignment, on payment of
market value of such plots which can be put to use for dwelling purposes
only in favour of individuals or Associations, Institutions, Societies,
Companies or Corporations registered under the relevant Acts or
incorporated by an Act of Parliament or of any State Legislature.

Rule 10 Authority competent to confirm the auction sales or

assignment

The Commissioner of land Revenue shall be the authority competent to

confirm auction sale or to assign the land where the bid amount or the
market value of the land covered by the auction sale or assignment, as the
case may be, does not exceed Rs.25,000 . In all other cases orders of the
Government shall be obtained. The authority competent to confirm auction
sale or assign may at its discretion, confirm or cancel the auction sale,
order reduction or reject the proposals for assignment.

Rule 11 Notice of auction

A notice of sale by public auction shall be issued by the Estates Officer in

the form in Schedule "D" atleast thirty days prior to the date fixed for
auction and the same shall be published in the Office of the Estates
Officer, Collector s Office, Hyderabad, Divisional Officers and Taluk Offices
located within the limits of the Municipal Corporation, Office of the
Municipal Corporation and also in the local News Papers.

Rule 12 Submission of proposals for confirmation

The Estate Officer shall, on completion of the auction sale proceedings,

submit proposals to the Commissioner of Land Revenue together with the
connected records, for confirmation of the auction sale or for obtaining
orders of the Government.

Rule 13 Applications for assignment

Every application for assignment of land under these rules shall be made
to the Estates Officer in the form in Schedule "E" furnishing full description
and extent of the land and the purpose for which the land is required
together with a ground plan.

Rule 14 Processing of applications

The Estates Officer shall, on receipt of such applications for assignment of

lands, cause verification of the particulars furnished in the applications,
ascertain the requirements of other Departments of Government, fix the
market value, obtain the approval of the Municipal Corporation and submit
the proposals to the Commissioner of Land Revenue for assignment
together with the connected records, if in his opinion, the land is available
for assignment to the applicant.

Rule 15 Estates Officer to receive sale amounts or market

value and to execute sale deeds
The Estates Officer shall be the authority competent to execute the sale
deed in the form in Schedule "F" on behalf of the Governor of Andhra
Pradesh in favour of the successful bidder or assignee, as the case may
be, after the receipt of the confirmation of sale or assignment orders and
after receiving the sale amount or market value in full.

Rule 16 Authority competent to sanction renewals and

execution of lease deeds

The Commissioner of Land Revenue shall be the authority competent to

sanction renewal of leases and the Estates Officer shall be the authority
competent to execute lease deeds on behalf of the Governor of Andhra
Pradesh.

Rule 17 Applications for renewal

Every application for renewal of lease shall be made to the Estates Officer
before two months from the date of expiry of the lease period. The
authority competent to renew the lease may, however, condone the delay
in making application for renewal on collecting late fees as may be fixed by
the Commissioner of Land Revenue from time to time.

Rule 18 Sanction of renewals

The Estates Officer shall, after causing verification of such application for
renewal of lease and after satisfying himself that there is no breach of
covenants or conditions under which they were granted, submit the
proposals for sanction of renewal to the Commissioner of Land Revenue.
Rule 19 Term of lease and enhancement of rent

The renewal of lease may be granted only for a term of thirty years but
such renewed term shall not exceed in the aggregate a period of ninety
years and at each such renewal the rent shall be enhanced at least by fifty
per cent of the existing rent.

Rule 20 Breach of covenants and conditions

The Estates Officer shall cause periodical inspection of all lands covered by
the leases and shall submit proposals to the Government through the
Commissioner of Land Revenue for the termination of the leases without
any compensation whatsoever, if, in his opinion, there has been any
breach of covenants and conditions by the lessee or by the persons
claiming through or under them.

Rule 21 powers of Government to determine the leases

without compensation

The Government reserve to themselves the right,

(i) to terminate any lease for breach of covenants and conditions under
which they were granted without payment of any compensation
whatsoever; and

(ii) to resume possession of any land granted on lease or any portion

thereof at any time upon giving three calendar month s previous writing in
that behalf to the lessee under the hand of the Estates Officer and upon
paying to the lessee compensation for such erections and buildings
construct or erected under proper authority and standing on the land. If
there is any dispute as to the amount of such compensation, the same
shall be referred to the District Collector, Hyderabad, whose decision shall
be binding upon the lessee.

Rule 22 Powers of Commissioner of Land Revenue

The Commissioner of land Revenue shall be the authority competent to

sanction transfer of rights and interests in and sub division of the lease
hold lands, alternation in the plans or elevations of the structures thereon,
and to Permit the lessees to the structures for a purpose other than for
which they were originally granted.

Rule 22A

[:- Where without the prior permission of the competent authority, lease
hold right of a demised plot is transferred, sub divided, or sublet or where
alterations in the plans, elevations of the structures are made or where the
structures are used for a purpose other than that for which they were
originally granted, in all such cases which involve violation of the
conditions of lease, a penalty of not exceeding rupees two hundred and
fifty shall be imposed by the Commissioner of Land Revenue.

Rule 23 Disposal of amounts realized

The amount realised on the disposal of lands under these rules shall be
credited to the funds of the Housing Board by way of Government grants.
The Housing Board is authorised to receive the rents due on lands granted
on lease.
Rule 24 General powers of Government

Notwithstanding anything in the rules, the Government may assign any

land belonging to them free of value in favour of any Association, Society,
Company and Croproation registered under the relevant Acts or
incorporated by an Act of Parliament or of any State Legislature.

SCHEDULE A SCHEDULE

SCHEDULE SCHEDULE A

Boundary Pillars

Description

Forward

bearing

from true

North

Direct

horizontal

distance in

Ft.
(1)

(2)

(3)

(4)

1 to 2

From Pillar No.1 the boundary runs in an

easterly direction to pillar No.2 which is

situated in the cactus hedge defining the

southern boundary of the Mohammadan

Cemetery

99o - 23'

30,304

2 to 3

From Pillar No.2 the boundary runs in an

easterly direction,, north of and nearly parallel

to the Kavadiguda Hussain Sagar Tank Road

to Pillar No.3

99o - 23'

3 to 4
From Pillar No.3 the boundary runs in an

easterly direction north of Kavadiguda to

Pillar No.4

104o - 08'

606

4 to 5

From Pillar No.4 the boundary runs in an

easterly direction to Pillar No.5

105o - 56'

2,226

5 to 6

From Pillar No.5 the boundary runs in an

easterly direction to Pillar No.6, crossing the

Chaderghat Bhoiguda Road

97o - 19'

1,936

6 to 7

From Pillar No.6, the boundary runs in an

easterly direction to Pillar No.7

102o - 54'

998

7 to 8

From Pillar No.7, the boundary runs in an

easterly direction to Pillar No.7

94o - 30'

830

8 to 9

From Pillar No.7, the boundary runs in an

north easterly direction to Pillar No.9

60o - 19'

780

9 to 10

From Pillar No.9, the boundary runs in a

north easterly direction to Pillar No.10

53o - 19'

788

10 to 11
From Pillar No.10 the boundary runs nearly

north due north across paddy fields to Pillar

No.11

358o - 15'

1,510

11 to 11-A

From Pillar No.11 the boundary runs in a

north-westerly direction and south of

Chilakalaguda village to Pillar No.11-A

310o - 27'

463

11-A to 12

From Pillar No. 11-A which is situated to the

south west at Chilakalaguda village, the

boundary runs in a north easterly direction

to Pillar No.12

15o - 39'

447

12 to 12-A
From Pillar No.12 the boundary runs in a

north easterly direction crossing the

"Chilakalaguda Secunderabad" road to

Pillar No.12-A

22o - 19'

466

12-A to 12-B

From Pillar No.12-A the boundary runs in

an easterly direction across paddy fields to

Pillar No.12-B

69o - 39'

278

12-B to 13

From Pillar No.12-B the boundary runs in a

north easterly direction across cultivation to

Pillar No.13

40o - 13'

1,649

13 to 14
From Pillar No.13 the boundary runs in a

north easterly direction to Pillar No.14

28o - 35'

1,698

14 to 15

From Pillar No.14 (which is situated 25' to

the south of the "secunderabad - Lallaguda"

Road and in a cactus hedge boundaring

mango tope) the boundary runs in a north

easterly direction crossing His Exlated

Highness the Nizam s State Railway to Pillar

No.15

66o - 43'

2,892

15 to 16

From Pillar No.15, the boundary runs in a

north easterly direction to Pillar No.16

22o - 48'

1,282
From Pillar No.16, the boundary runs in a north westerly direction to the
junction of a Nullah and Enternchment Road just North of Marredpalli
Extension.

Thence the boundary runs in a north westerly direction along the Northern
bank of the Nullah to its junction with Marredpalli Road approximately 450
o north of the Old Octroi Post in Marredpalli.

Thence the boundary runs in a southerly direction along the easternedge

of Marredpalli Road to its junction with St.John s School Compound;

Thence the boundary runs in a southerly direction along the eastern wall of
St. John s School Compound and Court House Compound to a point on the
south edge of Alexandra Road.

Thence the boundary runs in a westerly direction along the south edge of
Alexandra Road (Excludes the kerb where such exists) to Cantonment
Boundary Pillar No.156.

156 to 157

From Pillar No.156 (which is situated 40 east

of the north east corner of compound wall

of Ikbal - undoula's house) the boundary runs

in a southerly direction to Pillar No.157

175o - 41'

947

157 to 158

From Pillar No.157 boundary runs almost

due south to Pillar No.158,

185o - 00'

280

158 to 159

Form Pillar No.158 the boundary runs in a

south westerly direction to Pillar No.159

217o - 43'

681

159 to 160

From Pillar No.159 (which is situated 25 feet

south of the south east corner of

Ikbal-ud-Doula Compound) the boundary

runs in a westerly direction to Pillar No.160

256o - 25'

246

160 to 161

Form Pillar No.160 the boundary runs in a

south westerly direction to Pillar No.161

207o - 44'

822

161 to 162

Form Pillar No.161 (which is situated on a

rock 5 north of the Nizam s State Railway

boundary fence & 400 feet west of level

crossing) the boundary runs in an easterly

direction to Pillar No.162

104o - 55'

1,862

162 to 163

From Pillar No.162 (which is situated on the

north-west wing wall of Nizam's State

Railway Bridge No.242) the boundaryruns

in a south easterly direction to Pillar No.163

129o - 361'

44

163 to 164

From Pillar No.163 (which is situated on the

north-west wing wall of the same bridge) the

boundary runs in a south easterly direction

across the north-east corner of the Hussain

Sagar Tank to Pillar No.164.

154o - 10'

3,661

164 to 1

From Pillar No.164 (which is situated to the

north-west of the Secunderabad Boat club)

the boundary runs in an easterly direction to

pillar No.1

102o - 02'

728
SCHEDULE B General Land Register

SCHEDULE SCHEDULE B

General Land Register

CANTONMENT ........................... 19 WARD

Survey No.

Area

Description

Class

By whom

managed

Holder of

occupancy

rights

Nature of

Holder's

rights,

Rent payable per annum

Remarks

Sites not less

than 1/4 of an

acre

Sites less than

1/4 Cl. of an

acre in Sq. ft.

To

Government

To

Cantonment

Authority

Date of

expiry lease

(1)

(2)

(3)

(4)

(5)

(6)
(7)

(8)

(9)

(10)

(11)

(12)

SCHEDULE C Register of Mutations

SCHEDULE SCHEDULE C

Register of Mutations

___________________________________________________________
____________________________________

POSITION IN GENERAL LAND REGISTER CHANGES AND TRANSFERS

___________________________________________________________
____________________________________

No. Survey No. Description Class Holder 19 19 19 19 19 19 19 19 19

___________________________________________________________
____________________________________
(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14)

___________________________________________________________
____________________________________

___________________________________________________________
____________________________________

SCHEDULE D Notice of Auction of Plots in Retroceded Area

SCHEDULE SCHEDULE D

Notice of Auction of Plots in Retroceded Area

It is hereby notified that the land situated in Plot No. ....... Measuring
.................. Sq.M. ................... will be sold by public auction on (date)
.......................... at (time) ................. at (place) ........................ and
the sale will be knocked down in favour of the highest bidder.

2. Every person who desires to participate in the auction shall deposit an

amount of Rs.250 with the Estates Officer, Secunderabad towards Earnest
Money Deposit.
3. The successful bidder shall deposit 25 of the purchase money
immediately after the bid is knocked down in his favour and shall pay the
remainder within thirty days from the date of sale.

4. When such deposit or the remaining purchase money (paid up) the land
will be resold at the expense and risk of the successful bidder on whose
account the re sale has become necessary.

5. Persons bidding at the sale shall state whether they bid on their own
account or as agents and in the later case deposit a written authority
signed by their principals; otherwise their bids shall be rejected.

6. The sale shall not be final until confirmed by the competent authority
and a period of thirty days shall be allowed between the sale and
confirmation to admit of parties aggrieved by any proceedings in
connection with such sales presenting appeals. On confirmation of the
sale, the land shall be registered in the name of the purchaser and a
certificate of sale signed and scaled by the Estates Officer shall be granted
to him.

SCHEDULE E Form of application for land under Rule 13

SCHEDULE SCHEDULE E

Form of application for land under Rule 13

(to be filled by the applicant)

To

The Estates Officer,

Secunderabad Town,

Dated the ..................

Sir,

I have the honour to apply for the grant of ............... acres Square feet of
land situated at ....................... for the purpose of ( building a)
.....................

A ground plan of area required is attached ( together with detailed plans in

triplicate and specifications of the proposed building).

I hold the following lands in the ................ town city.

I am prepared to abide by such conditions regarding the disposal of the

land as the Estates Officer may lay down, and to deposit the cost, if any,
of surveying and demarcating the land.

I append herewith an approximate statement of the intended outlay of the

buildings and of the rent which it is proposed to charge for the same.

Signature of Applicant.

SCHEDULE F Sale Deed for Rs

SCHEDULE . SCHEDULE F

Sale Deed for Rs.

Registered Sale Deed for Rs. ............................... executed this the

............................................. day of .................... by the Estates
Officer, Secunderabad, on behalf of the Governor of Andhra Pradesh
(hereinafter referred to in this deed of sale as the Vendor ),

In Favour of Sri ............................................. son of .............. village

.............. P.O. ............. taluk and ..................... district, (hereinafte
referred to in this deed of sale as the Vendee ), which expression, shall
where the context so admits or permits, include his heirs, executors,
administrators, legal representatives and assignees:

Whereas the property covered by Plot No. ................... situate at

....................... in Secunderabad Division of the Municipal Corporation is
the property of the Government of Andhra Pradesh.

Whereas the Vendee herein had agreed to purchase Plot No. ...... more
fully described in the Schedule hereto annexed and marked red in the blue
print plan hereto attached for a sum of Rs. ... and whereas the Vendor
herein had agreed to sell the same to the Vendee for the said sum of Rs.
.................... and whereas the Vendor herein had agreed to sell the same
to the Vendee for the said sum of Rs. .......................

whereas in terms in the above agreement, the Vendee herein had paid the
said sum of Rs. ............... at the time of the execution of this deed of
sale, the receipt of which the vendor doth hereby acknowledge and in
consideration of the said sum of Rs. .............. paid by the Vendee as
aforesaid the Vendor Doth Hereby Convey, Assign, Transfer and Sell to
The Vendee Herein, all that piece of land contained in plot. ............... No.
................. measuring Sq. metres ............. more fully described in the
Schedule hereto annexed and marked red in the blue print plan here to
attached absolutely and hereditarily, with all rights, privileges,
appurtenances, easements and with all other rights of every description in
respect the said property.

The Vendor doth hereby convenant with the Vendee that the Vendor has
subsisting, persistent, complete and perfect title to the property hereby
conveyed.

That in pursuance of the said absolute sale and transfer, the Vendor had
delivered to the Vendee herein the day, the vacant possession of the said
plot of land and that the Vendee herein shall hold and enjoy the said piece
of land in Plot No....... situate at ............. Secunderabad ......................
more fully described in the Schedule hereto annexed and maked red in the
blue print hereto attached, absolutely and hereditarily as the full owner
and proprietor thereof free from all obstructions either from the Vendor or
from any one else and free from all encumbrances.

The Vendor doth hereby further covenant with the Vendee that the Vendor
has perfect, complete and full title to the property conveyed hereunder
and that in case the Vendee sustains any loss or damage due to any defect
in title of the Vendor herein, the Vendor doth hereby undertake to
reimburse the Vendee in respect of all such loss or damage.

SCHEDULE 1 SCHEDULE

SCHEDULESCHEDULE

All that piece of land contained in plot No. ............ measuring

.................... and within the sub registration district of ..................
marked red in the blue print plant hereto attached and bounded on
..................

East : ....................... South : ......................... West:

........................... North :......................

This deed of sale is executed with full knowledge of its contents and with
free consent in token whereof the Vendor doth set his hand subscribe to
this deed in the presence of the following witnesses at ..........

WITNESSES:

1.

2.

Estate Officer, Secunderabad.

RULES FOR REMISSION SUSPENSION OF LAND REVENUE

IN ANDHRA AREA

RULES FOR REMISSION SUSPENSION OF LAND REVENUE IN ANDHRA

AREA

Rule 1 Remissions and suspensions of land revenue fall under

two categories namely
(i) Seasonal remission;

(ii) Suspension and remission of land revenue under exceptional

circumstances.

Rule 2

(1) These rules provide for concessions which will be granted as a matter
of grace and are liable to be modified from time to time by Government.

(2) The Government shall also have the right to withdraw any concession
granted after a year s notice either generally or in any particular locality.

Rule 3

The rules in this chapter relate to the remission of assessment on wet

lands, consolidated double crop assessment in the case of registered
double crop wet lands and compound double crop lands and of water cess
on irrigated dry lands (hereinafter called the remission) and shall be
applicable to seed beds also.

Rule 4 No remission shall be granted for any wet or baghat or

irrigated dry land if it is left fallow except for any one or more
of the following grounds namely

(a) scarcity of water in the source;

(b) damage to crop due to plant diseases;

(c) cultivation is impossible, due to excess of water or slush;

(d) due to rain, it is not possible in the first crop season for water to reach
the cultivation through the channel;

(e) it is dangerous to open the sluice under which the land is situated for
the reason that the water is very deep;

(f) any other reason which is beyond the control of the ryots such as,
hailstorms, locust, etc.

Rule 5 The remission shall be granted where, owing to the

existence of any of the grounds aforesaid the land is left
waste, or the crop is totally lost

Provided that such ground has not been occasioned by any act or neglect
of the person to whom the land belongs, or is not due to the neglect on
the part of the ryot concerned to carry out the customary repairs to the
irrigation work, which forms the source of supply.

Rule 6

(1) On registered double crop lands if only one irrigated crop is secured
only single crop wet assessment will be charged and the remaining
assessment remitted subject of course to the proviso in Rule 5.

(2) This concession will not apply to compounded double crop lands.

Rule 7

Remission may be granted for the extent which is left waste or for the
extent on which the crops have failed.

Rule 8 Constructive total loss

It will be left to the discretion of the Collector to determine with due

regard to the principles underlying these rules whether in any particular
case the loss over the field taken as a whole may reasonably be rated as
total.

Rule 9 Remission when dry crops are cultivated on wet lands

(2) This dry assessment may be levied on the area actually cultivated.

(3) if only a portion of a survey field or subdivision is cultivated with dry

crops and another with wet crop the concession contemplated in this rule
will apply only if the wet crop is totally lost.

Rule 10 Charge for dry crop grown on wet land in certain

cases

When a dry crop is grown on single crop wet land for scarcity of water in
the source but water becomes available in the irrigation source during any
portion of the year, when it can be used for growing a wet crop, the usual
wet assessment shall be levied and no remission need be granted:

Provided that where the supply is insufficient for raising a wet crop (i) only
the dry assessment shall be charged if the crop is not irrigated; and (ii) if
the dry crop is irrigated, the Revenue Divisional Officer, may, at his
discretion, charge either the full wet assessment on the entire field or the
water rate prescribed for the crop on the extent actually irrigated in
addition to the dry assessment on the entire field whichever is less.

Explanation:- In the case of a wet field cultivated at the same time with
more than one irrigated dry crop liable to different rates of water cess, the
rate of water cess, prescribed for the crops which covers the largest extent
shall be applied to the total extent irrigated.

Rule 11 Remission on registered double crop wet lands

xxxx

Rule 12 Wet lands under precarious sources

In the case of wet lands under precarious sources of irrigation in the

districts of Kurnool, Cuddapah, Anantapur and in the Madanapalli and
Vayalpad Taluks of the Chittoor District, all inquiry into the supply received
in the sources in question will be dispensed with and the ryots allowed free
option in all years of growing wet or dry crops, or none at all. Charge shall
be made according to the crops actually raised, the appropriate wet or dry
assessment for wet or unirrigated dry crops and for irrigated dry crops the
appropriate dry assessment and water cess. The unit for such charge shall
be the entire survey field or a recognised subdivision thereof except in the
case of water cess which will be charged only on the actual area irrigated.
The Revenue Divisional Officer (subject to the appeal to the Collector) may
withdraw the concession of remission under this rule temporarily from any
particular source, when he is satisfied that a considerable portion of the
wet ayacut has been intentionally allowed to lie waste in order that
sugarcane, betel or other highly remunerative crops may be grown on the
remainder. For purpose of these concessions, all sources of irrigation
affording a supply for three months and above but less than five months
and all minor sources affording supply for less than three months, except
river and spring channels, tanks which are river fed or connected with
irrigation projects, and tanks having capacity of five months, shall be
deemed to be precarious sources of irrigation.

Rule 13 Water cess

The remission of water cess may be allowed under the above rules on dry
land including the lands lying in the water spread of Government irrigation
sources and assessed at special rates and also in respect of the second
crop charge on single crop wet lands.

Rule 14 Water cess in respect of fodders crops

(1) No water cess shall be collected on crops grown for fodder on wet or
irrigated dry land either immediately before the transplantation or
immediately after the harvest of the principal wet crop, if the fodder crops
are cut off or fed off before they ripen seed and are used for the bonafide
agricultural requirements of the cultivator himself, the officer competent to
charge water cess having been satisfied that the crops are not grown for
sale, should have decided that the concession should be granted in each
cse.
(2) the concession is liable to be withdrawn if its exercise proves to be
detrimental to the second crop revenue on single crop wet land or if water
is irregularly taken for dry lnd.

(3) In the case of irrigation of fodder grown on dry lands or the raising of
fodder cholam as a second crop on wet land, the condition that the crops
are not grown for sale shall not be applicable if the irrigation is not
irregular, and no applications for remission of water cess shall be required
if the land is wet or if permission to irrigate any crop in the fasli has been
given in the case of dry lands.

Rule 15 Mamul Waste

(1) No remission will be given in respect of mamul waste , that is to say

any occupied land which is not cultivated regularly in a normal year and
which it may be presumed, would have been kept uncultivated even if the
season and water supply had been noral.

(2) When a survey field or a recognised subdivision contains small portions

of mamul wastes, remission may be granted by the Government in respect
of the extent of such survey field or a recognised subdivision excluding the
mamul wastes.

Rule 16 Suspension of the collection of charges which are

likely to be remitted

By an order in writing recording the reasons upon which it is based, the

Tahsildar may suspend temporarily the collection of charges which will
most probably be remitted under these rules, submitting forthwith copies
of such order to the Revenue Divisional Officr.

Rule 17 Scale of Remissions

If a wet crop is sown in any wet land and the crop is destroyed on account
of scarcity of water, or pests or any other cause beyond the control of
ryots, full remission shall be granted, where the yield of paddy crop is 150
Kgs. and below ; half remission shall be granted where the yield is 300
Kgs. and below but above 150 Kgs. and no remission shall be granted
where the yield is above 300 Kgs. per acre. In the case of other irrigated
crops, full remission shall be allowed where the yield is 1 8th and below
and half remission where it is 1/4th and less, but above 1 8th, and no
remission where it is above 1/4thof the standard yield.

Explanation:- For the purpose of the above rule, the Collector shall in
consultation with the Director of Agriculture fix standard yield of the
different crops for each district in terms of bags of Kg.

Rule 18 Procedure for remission

(i) Every ryot who wishes to claim remission under Rule 17 must apply to
the Tahsildar or Deputy Tahsildar or an officer not less than the rank of a
Revenue Inspector of the firka, who has jurisdiction, sufficiently early, to
allow time for the inspection of the crp.

(2) Every such application must be presented before a date to be specified

by notification by the District Collector having regard to the harvest time
and the local agricultural practices and seasonal conditions in respect of
each crop (first crop and second crop).

(3) If two or more applications are made on the same paper, each
applicant shall specify the fields for which he prays for the remission and
attach his signature or mark on the applicaton.

(5) Every endeavour should be made by the Collector to have field

inspections completed as promptly as possible, by the appropriate officers.

(6) As soon as an application is received, the Revenue Inspector shall,

without any delay, inspect the crops in all the fields mentioned in the
application and submit his report to the Tahsildar or Deputy Tahsildar
concerned. The Tahsildar or the Deputy Tahsildar as the case may be, will
inspect a fair portion of the affected fields, which should in no case, be less
than 10 per cent of such fields in each village. The Deputy Collector should
also inspect some fields in each village by adopting random method. Crop
cutting experiments should be arranged to be conducted by the Tahsildar
wherever possible and compulsorily in any village where the area in
respect of which applications are made for granting remission exceeds 50
acres.

(7) Inspection of affected field should invariably be done within 30 days

from the date of receipt of application.

(8) The Tahsildar of Deputy Tahsildar shall submit his inspection report
and recommendation to the Revenue Divisional officer for sanction of
remission. When such sanction is received it shall be communicated to the
village officers final accounts of such lands shall be settled in the
Jamabandi.

(9) The orders of the Revenue Divisional Officer should be subject to

revision by the jamabandi officer. It shall also be open to the jamabandi
officer to consider any cases not previously considered by the Revenue
Divisional Officer.
Rule 19

If a wet land covered by a whole Survey or Sub division number or any

portion of it is left fallow for any of the grounds mentioned in Rule 4,
remission of assessment may be granted on such extent on an application
by the parties or on report of the local village Officer and Revenue
Inspectr.

Rule 20 Suspension or remission of land revenue under

exceptional circumstances

(1) No remission of any kind shall ordinarily be granted for dry land. But in
very exceptional circumstances (i.e.,) on the occurrence of either wide
spread calamities such as famine, drought and general failure of crops, or
of local calamities caused by harl storms, floods, locusts and the like,
suspension or remission of assessment may be allowed according to the
following rues:

(2) Notwithstanding anything in these rules, if owning to he operation of

causes other than those contemplated in these rules, if should appear to
the Collector that special measures of relief, whether by way of
postponement of kists or otherwise are required he must at once submit a
detailed report to the Board of Revenue in order that the orders of
Government may be obtaind.

Rule 21 Grant of suspension or remission, Revenue Officers to

take initiative and submit proposals for suspension or
remission

In seasons of exceptional drought or famine when there has been general

failure of crop, the Revenue Officers should take the initiative and make
arrangements, as soon as the unfavourable character of the season had
declared itself, for a thorough inspection of the crops and for the
submission, if necessary, of proposals for suspension or remission of
revenue on the lines indicated in Rules 22 to 27 infra for the consideration
and orders of the Board of Revenue and the Government. These
inspections should be completed as far as possible six weeks before the
commencement of the kist date.

Rule 22 Circumstances to be considered in deciding whether

any relief is necessary and whether it should take the shape
of suspension or remissions

In submitting proposals for the grant of relief and as to the form it should
take, Collector should be guided by the following considerations namely:

(a) The outturn for the year of the dry crops, both early and late, in the
tract reportedon;

(b) The crop history of the tract during the two previous yers;

(c) The abundance or paucity of its irrigations sources including wells, the
irrigation results of the year, and the question whether the dry cultivation
is the main or a subordinate feature of the tract;

(d) the prices of produce prevailing in the year and the probability of
prices ruling high in the next season also;and

(e) any special local circumstances which may indicate the need or the
absence of need for relief.
Rule 23 Suspension of revenue

(1) Any suspension of the collection of revenue must relate to a definite

kist and must be sanctioned by the Board of Revenue ordinarily for a
specified period which cannot, without sanction of Government, extend
beyond the current fasli.

(2) If the sanction of the Board cannot be obtained before the date on
which the collection of a kist should commence, the Collector may, by a
formal order, postpone the collection of the kist till a date which should be
within the Fasli, and the action reported to the Bord.

(3) As soon as an order, whether of the Collector or of the Board, directing

the postponement of the collection of a kist has been made, it shall be
promptly published for the information of the ryots of the villages or tracts
concerned by beat of drum and other means.

(4) If the period for which the collection of any kist has been postponed
expires before definite orders as to the collection or remission of the kist
have been received, the Collector should extend the period of suspension
within the Fasli, immediately reporting his action to the Board.

(5) In all cases in which postponements of kists extend beyond the

financial year in which the kists are due, the Board should forward copies
of its own order or that of the Collector, as the case may be, immediately
to the Government in the Revenue and Finance Departments with
information as to the financial effect of such postponement on the revised
estimate for the financial year in which the kists are due, as well as the
budget estimate for the financial year to which kists are postponed.
Collectors should therefore invariably report to the Board the financial
effect of their proposals whenever they recommend or sanction such
postponements or suspensions of kists.
(6) Suspension of revenue beyond the Fasli and remission of revenue can
be sanctioned only by Government. If, therefore, in exceptional
circumstances, the Collector considers that suspension beyond the fasli or
remission of any kist, which has been suspended under this paragraph is
absolutely necessary, he shall submit his recommendation to the Board
sufficiently early so as to enable the Board and the Government to bestow
their attention and pass orders before the sanctioned period of suspension
has expired or before the end of Fasli.

Rule 24 Remission of revenue on wet lands

(1) When the crop on wet lands is lost totally on account of any calamity
remission may be granted as per the scale provided in Rule 17 for
seasonal remission.

(2) When the crop on wet lands is partially lost remission may, if
sanctioned by Government, be granted with reference to the average loss
in the whole tract in which such remission is granted. Where the calamity
is so grave and of such magnitude as to warrant grant of remission on a
scale higher than that provided for under Rule 17, the Collector should
submit proposals stating the extent of the land affected and the nature of
remission to be graned.

Rule 25 Remission of revenue on dry lands

(1) For loss of crop in dry lands, including those lying in the water spread
of Government irrigation sources and assessed at special rates, remission
or suspension may be granted by Government at uniform rates, calculated
not with reference to individual losses but with reference to the average
loss in the whole tract to which the relief is eligible.
Rule 26 Relief on land left waste

For occupied dry lands within the tract, the same rate of relief will be given
as for land on which the crop has failed.

Rule 27 Lands Cultivated without permission

(1) Any concession allowed to ordinary ryotwari lands may be allowed to

lands cultivated with out permission if the Collector is satisfied that the
cultivation is otherwise unobjectionable.

(2) Such concession may also be granted in the case of minor inam lands
in special cases for which full reasons must be given by the Collector.

Rule 28 Method of collecting suspended revenue

(1) The revenue suspended should be collected only after one fair harvest
subsequent to the failure, has been reaped.

(2) Collectors should, about two months before the commencement of the
kist bandi of the year following that in which revenue was suspended,
submit for the consideration and orders of the Board of Revenue and
Government, a report as to how the early crops of that year have fared,
and whether the whole of the suspended revenue and if, not what portion
thereof can be collected with the current kist. Similar reports as to the
portion of the suspended revenue to be collected with subsequent kists
should be submitted in succeeding years until the whole of the suspended
revenue is either realised or written off.

Rule 29 Circumstances justifying remission of suspended kist

(1) Revenue which has been under suspension for three years should
ordinarily, and as a matter of course, be remitted and should for that
purpose, be included in the quarterly statement of irrecoverable arrears.

(2) In the case of fully assessed tracts with a fairly constant outurn, the
amount of revenue under suspension at any given time should not, as a
rule, exceed the revenue demand of an ordinary year. When the amount
suspended exceeds this limit, remission of the excess may ordinarily be
recommended in the manner indicated above.

Rule 30 Rules in regard to the relief to be granted

The rules in regard to the relief to be granted on occasions of widespread

calamity will also apply, generally, to the relief of distress caused by local
calamities subject to the following modifications:

(i) Such relief, instead of being given on the same scale throughout the
tract affected, should as a rule, be based on a field to field inspection
directed to the determination of the actual damage suffered by each
individual;

(ii) the degree of relief to be granted will be determined by Government

with reference to the circumstances of each particular case;

(iii) in deciding whether relief is necessary or not regard should be had not
merely to the field affected but to the entire holding of the landlord or ryot
to whom the field belongs and by whom relief is applied for.

Rule 31

In all cases, where remission is granted, amounts already paid may be

adjusted towards the next instalment of the kist.

Rule 32 Cesses

Suspensions and remissions of land revenue will not ordinarily carry with
them, suspension and remission of cesses. Collector should bear this in
mind when recommending proposals for remission and suspension. But
when an assessment of land revenue of any village is entirely suspended
or remitted, the demand on account of cesses should temporarily be
suspended and realised with the next instalment of land revenue that is
actually collected in order to save the individual revenue payers from
being harassed by petty demads in time of distress.

ANDHRA PRADESH (TELANGANA AREA) GRANT OF LEASE

OF LANDS FOR NON AGRICULTURAL PURPOSES RULES,
1977

In exercise of the powers conferred by Section 172 of the Andhra Pradesh

(Telangana Area) Land Revenue Act, 1317 Fasli (Act VIII of 1317 F) the
Governor of Andhra Pradesh hereby makes the following rules:

Rule 1 Short title, extent and commencement

These rules may be called the Andhra Pradesh (Telangana Area) Grant of
Lease of land for Non Agricultural Purposes, Rules, 1977.

(2) They shall extent to the whole of the Telangana Area of the Andhra
Pradesh excluding the retroceded area in the Secunderabad division of the
Hyderabad Municipal Corporation.

(3) All subsisting leases granted under any rules, regulations or orders of
the Government shall be deemed to have been granted under these rules
subject, however, to the convenants and conditions under which they were
granted.

Rule 2 Definition

In these rules, unless the context otherwise requires;

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

(b) land means land belonging to the Government or Andhra Pradesh and
includes any belongings thereon;

(c) local body includes a Gram Panchayat constituted under the Andhra
Pradesh Gram Panchayat Act, 1964 and also a Panchayat Samithi and a
Zilla Parishad constituted under the Andhra Pradesh Panchayat Samithis
and Zilla Parishads Act, 1959.

(d) market value means the price which a land would fetch if sold in the
open market and is arrived at on the basis of registered sale statistics of
similar land or lands in the vicinity or by conducting local enquiry.

(e) municipal town means to town which has been constituted as a

municipality under sub section (1) of Section 3 of the Andhra Pradesh
Municipalities Act, 1965.

(f) public purpose means a purpose which is conducive to the good of a

considered section of the community at large or of the locality or region.

(g) retroceded area means all that area described in Schedule A appended
to the Memorandum of Agreement regarding the Rendition of
Secunderabad Town to the erstwhile Hyderabad State.

Rule 3 Grant of lease of lands

Lands may be granted on lease to any individual, local body or any

institution, society, association, company and corporation registered under
the relevant Act or incorporated by an Act of Parliament or of any State
Legislature for temporary occupation for non agricultural purposes for
specified periods on payment of rent as may be fixed, from time to time,
by the competent authority.

Rule 4 Grant of lease of lands of the disposal of other

departments

The authority competent to grant lease under these rules may, on the
request of the Heads of Departments of the Government, grant lease of
any land and collect the rent payable under the lease.
Rule 5 Consideration of the requirements of the departments
of Government etc.,

(1) In all district headquarters towns and in all municipal towns other than
the twin cities of Hyderabad and Secunderabad and within a belt of one
from the limits of such towns, no land shall be given on lease without
taking into consideration the requirements of the Departments of
Government, Municipalities, Town Planning Trusts or the Andhra Pradesh
Housing Board and Corporations owned or controlled by Government.

(2) In the twin cities of Hyderabad and Secunderabad and within a belt of
10 miles from their limits, no Government land shall be given on lease
without taking into consideration the requirement of the Department of the
Government, the Hyderabad Municipal Corporation, the Andhra Pradesh
Board, the Urban Development Authority and the Corporation owned or
controlled by Government.

(3) The maximum period of lease granted under this rule shall be six
years, if not renewed.

Rule 6 Extent and period of sanction

The extent of land and the period of lease that may be granted under
these rules shall be determined carefully in each case with reference to the
nature of the land, the purpose for which the land is required and whether
the land is likely to be required by the Government for any purpose,
subject however, to the condition that the period of lease shall in no case
exceed twenty five years.
Rule 7 Authority competent to make grants

The competent authority to grant lease of land shall be

(a) the Tahsildar, if the market value of land does not exceed Rs.500.

(b) the Revenue Divisional Officer, if the market value of land exceeds
Rs.500 00.

(c) the Collector, if the market value of land exceeds Rs.1,000 but does
not exceed Rs.3,000.

(d) the Commissioner for Land Revenue, if the market value of land
exceeds Rs.3,000 but does not exceed Rs.10,000.

(e) the Government if the market value of land exceeds Rs.10,000.

Rule 8 Application for grant

Every application for the grant of lease under these rules shall be made in
Form A to the Tahsildar within whose jurisdiction the land is situate.

Rule 9 Disposal of applications for grant of leases

The Tahsildar shall, on receipt of an application for the grant of lease,

cause verification of the particulars furnished in the application; ascertain
the market value of the land, determine the rent and pass such order as
he deems fit, if he is competent, to make the grant; if he is not
competent, he shall forward the application to the concerned competent
authority through proper channel for orders together with record of
enquiry.

Rule 10 Execution of lease deeds

On receipt of grant of lease from the competent authority, lease deed shall
be executed in Form B setting out the conditions and covenants under
which the lease is granted and incorporating additional or special
conditions if any.

Rule 11 Authority competent to execute lease deeds

The Tahsildar shall be the authority competent to execute lease deeds in

all cases where the leases have been granted by the competent authority,
on behalf of the Governor of Andhra Pradesh.

Rule 12 Determination of leases without compensation

Any lease granted under these rules is liable to be determined for breach
of any of the conditions of the lease and the land is liable to be resumed
without payment of compensation whatsoever by the authority competent
to grant such lease.

Rule 13 Resumption of lands on payment of compensation

The Government may, at any time, resume the land wholly or in part with
the building if any, thereon, if, in their opinion the land is required for a
public purpose or for conducting mining operations upon giving three
calendar months, previous notice in writing in that behalf to the lessee
under the hand of the Collector of the district in which the land is situate
and upon paying to the lessee compensation for such erections and
buildings standing in the land erected under proper authority.

Rule 14 Renewal

The authority competent to grant lease in the first instance may renew the
lease after suitably revising, or adding or deleting any condition, if
necessary, and after fixing the rent on the basis of the market value
prevailing at the time of renewal.

Rule 15 General Powers of Government

Notwithstanding anything in these rules, the Government may grant lease

of a land for any public purpose free of rent and without any restriction as
to the period of lease in favour of any local body or institution, association,
society, company or a corporation registered under the relevant Acts or
incorporated by an Act or Parliament or of any State Legislature.

APPENDIX A FORM A

FORM A

Form of Application for Grant under Rule 8 to be Filled in By the Applicant

To
The Tahsildar,

Taluk, District.

Dated the .

Sir,

I have the honour to apply for the grant of . acres sq.ft. . of a land
situated in . for the purpose of .

A ground plan of area required is attached (together with detailed plant) in

triplicate and specifications of the proposed .

I hold the following lands:

I am prepared to abide by such conditions regarding the disposal of the

land as the authority may lay down, and to deposit the cost, if any, of
surveying and demarcating the land.

I appended herewith an approximate statement of the intended outlay of

the land and of the rent which it is proposed to charge for the sale.

APPENDIX B FORM B
FORM B

Form of order of Grant of State Land for Temporary Occupation for Non
Agricultural Purposes

The land specified in the schedule is hereby granted to (Name and address
of the grantee) . for temporary occupation for a period of . years months
commencing from . (date, month and year), subject to the following
conditions to which the aforesaid grantee has agreed.

(1) The grant is liable to cancellation if it be found that it was grossly

inequitable or was made under a mistake of fact or owing to
misrepresentation or fraud or in excess of the limits of authority delegated
to the officer granting the land, or that there was an irregularity in the
procedure. Cancellation on any of these grounds may be ordered by any
authority to whom the assigning authority is administratively subordinate.

(2) In the event of such cancellation of the grant, the grantee shall not be
entitled to compensation for any loss caused to him by the cancellation.

(3) The grantee shall not transfer to any other person the rights hereby
conveyed to him, without the previous sanction of the authority which has
made the grant.

(4) The grantee shall, so long as the grant be in force, pay clear of all
deductions a sum of Rs. for credit to the general revenues of the State and
a further of Rs. on account of rates, taxes, assessment and out goings,
payable by the Government to the Corporation Municipality as result of his
occupation of the land. The Consolidated charge shall be payable to the
Government in advance annually monthly, the first of such payments to be
made on the day of . and the subsequent annual monthly payments on the
corresponding day of the succeeding years months.

(5) In the event of the Corporation Municipality varying its demand, the
assigning authority shall be at liberty to revise, without notice, the second
part of the charge referred to in condition (4) as the sum payable by the
Grantee on account of taxation by the Corporation Municipality and, on
such revision, any balance due shall become immediately payable by the
grantee.

(6) The grantee shall not use the land or suffer it to be used except for the
purposes of the . which are the following :

(7) The grantee may erect . in accordance with the plan (s) hereto
annexed.

(8) The land and the building (s) thereon shall not be used for political
meetings.

(9) The grantee shall not, except as provided in condition 7, erect any
buildings, fences or structures of a permanent or temporary character on
the land without the previous written sanction of the assigning authority.

(10) The grantee shall maintain the said land in a clean and sanitary
condition to the satisfaction of the assigning authority and shall also
maintain the structures, if any, erected thereon as aforesaid, in good and
substantial repair to the satisfaction of the assigning authority.

(11) The grantee may urpoot, cut down or destroy such trees, plants,
groves or bushes as, in the opinion of the assigning authority it is
necessary to uproot, cut down or destroy, to make the land fit for the
purpose of and may take them free of charge and dispose of them in any
manner he likes. The grantee may level the round by removing embanked
pathways and filling up low laying places on the land so as to make the
ground fit for the purposes of and may move and cut the grass thereon
and dispose of the same in any manner he likes and do any work on the
land which, in the opinion of the assigning authority, is necessary for such
purpose.

(12) The grantee shall remove immediately any unauthorised building,

fence or structure, on receiving notice from the assigning authority and in
default of immediate compliance with any such notice the assigning
authority shall have power to remove the same and the grantee shall,
upon demand made by or on behalf of the assigning authority, pay the
cost of removal and the cost of storing the materials removed and take
delivery of the same. The grantee shall have no claim to any materials
removed under this condition which shall not have been taken delivery of
or the cost of removal and storage of which shall not have been paid by
the grantee on demand made as aforesaid.

(13) The grantee shall not, without previous written sanction of the
assigning authority, permit any person to use the land or any structure
thereon or any portion of the land or structure except as provided in
condition (6).

(14) The grantee shall, on the termination or revocation of this grant,

restore the said land to the assigning authority in as good a condition as is
consistent with the foregoing conditions.

(15) The grantee shall be answerable to the Government of Andhra

Pradesh for all or any injury or damage done to the said land and other
Government property thereon except as is permitted by the foregoing
conditions.

(16) The assigning authority may revoke the grant wholly or in part, if the
charge specified in condition (4) above or any part thereof shall remain
unpaid for fifteen days after it has become payable, whether formally
demanded or not or if the grantee shall have broken any of the conditions
of the grant herein contained and assume control or otherwise dispose of
all or any part of the land and any buildings, fences and structures thereon
and the grantee shall not be entitled to any compensation therefor.

(17) If the amount specified in condition (4) above or any part thereof is in
arrear, it shall also be competent for the assigning authority to recover the
same from the grantee as an arrear of land revenue.

(18) The grant hereby given may be revoked by the assigning authority
after giving ................ months notice in writing and by the Government
or the Commissioner of Land Revenue without notice for emergent reasons
(the said Government or the Commissioner of Land Revenue being the
sole judge of the emergency) and shall be terminable by the grantee by
giving to the assigning authority months notice in writing but without
prejudice to any right of action of remedy of the assigning authority in
respect of any antecedent breach of any of the foregoing conditions. The
grantee shall not in case of such revocation or termination, be entitled to
any compensation in respect of any buildings, fences and structures on the
land or of any other improvements effected by the grantee to the land but
he may, before the revocation or termination of the grant takes effect or if
the grant is revoked without notice, within such time as may be allowed by
the assigning authority in that behalf, remove such buildings, fences and
structures.

(19) The grant includes all rights, easements and appurtenances belonging
to the land or reputed to belong to it or usually held or enjoyed with it.
The existing and customary rights of Government and the public in roads
and paths and rivers, streams and channels running through or bounding
the land and the right of Government to the mines and quarries, subjacent
to the said land are, however, reserved and are in no way affected by the
grant.

SCHEDULE

District Taluk Town orvillage Ward number Surveynumber Area Boundaries

(1) (2) (3) (4) (5) (6) (7) NorthSouthEastWest

In witness whereof I (name and designation) ............... acting for and on

behalf and by the order and direction of Governor of Andhra Pradesh have
hereunto set my hand this, day of ..................... 19.

Place:

Date:

Signature and designation of Assigning Authority

LAONI RULES, 1950

In exercise of the powers conferred by Section 172 of the A.P. [Telangana

Area) Land Revenue Act, 1317 F., the Governor is pleased to make the
following Rules:

Rule 1

(a) These rules may be called the Laoni Rules, 1950, and shall come into
force from the date of their publication in the Gazette.

(b) From the date of enforcement of these Rules, the Laoni Rules, 1347F,
shall be repealed; but any action taken under the said Rules shall be
deemed to have been taken under these Rules.

Rule 2

Any person desiring to take up unoccupied land shall submit a petition to

the Tahsildar in writing. This application need not be stamped. The person
so applying shall not enter upon the land without obtaining the previous
permission in writing from the Tahsildar s Office.

Rule 3

The village patwari shall furnish to any person desirous of so applying full
information regarding the nature of the land available for being granted for
cultivation. No fee shall be charged for giving such information and if
applicant is illiterate; the Patwari himself should if requested to do so,
assist in writing the application.

Rule 4

(a) A separate file with a fly sheet as per Form A shall be opened in
respect of each application received by the Tahsildar for land for laoni.

(b) An Index Register of all the applications received shall be maintained in

Form B.

Rule 5
(a) The applications shall be registered in the order in which they are
received in a register in Form C (1) to be opened separately for each kind
of land such as (a) lands assessed as waste (b) unassessed lands and (c)
reserved lands.

(b) Applications for vacant sites for building purposes, etc. shall be entered
in a register in Form C (2).

(c) Each application on being duly entered in the registers shall be

forwarded by the Tahsildar to the Girdawar of the halqa in which the
village is situate for submission of detailed inspection and report.

Rule 6

The Girdawar shall maintain a register in Form D and enter therein the particulars
of the application received from the Tahsil Office. He shall then issue a notice in
Form E stating therein the name of the applicant particulars of the land applied
for the date on which the Girdawar would inspect the land, such date being fixed
not earlier than 15 days from the date of issue of notice Copies of the notice shall
be served on the applicant and on the adjoining land holders. The village officers
shall also affix a copy of the notice in a conspicuous place in the village chavadi
and on the land applied for; and the contents thereof shall be proclaimed by beat
of drum.

Rule 7

On the date fixed for inspection, the Girdawar shall proceed to the village
and in the presence of the applicant and of such of the adjoining land
holders as may be present, of the village officials and of other prominent
persons of the village, draw up a panchanama mentioning therein the
nature of the land applied for the extent required, and all relevant
information about other applicants who may also indicate their willingness
to take up the land, and prepare a sketch of the land applied for showing
its approximate position to other lands of the village. He shall also obtain
on the sketch the signature or thumb impression, if illiterated of the
applicant to confirm his application for the particular land.

Rule 8

The Girdawar in his report enclosing the said panchanama shall given full
information as regards the total extent of land under each head available
in the village, the number of cattle, the nature of the land applied for, the
bona fide nature of the application, and other relevant matters and submit
it to the Tahsildar within a month from the date of receipt of the
application from the Tahsildar for inspection and report. This report shall
be accompanied by a memorandum in Form F.

Rule 9

The Tahsildar shall, on receipt of the report from the Girdawar decide
whether the request of the applicant for grant of land may be complied
with, after giving due consideration to the following matters:

(a) If the land applied for is reserved for public purposes, such as sources
of irrigation, lands with groves of trees where people are in the habit of
assembling periodically for purposes of fairs, jatras or worship, or when
the lands are treated as reserved forests or are set apart for the use of the
Public Works Department or for manufacturing salt, or taking clay for
purposes of potters trade, etc., the application shall be rejected and the
applicant be informed accordingly within a month of the report from the
Girdawar of the halqa.

(b) Before passing any orders on applications for grant of lands out of
small scattered numbers of poramboke and kharij khata, the Tahsildar
shall ascertain whether the land is required to be set apart under Section
25 of the A.P. (Telangana Area) Land Revenue Act for pasturage, for
cattle, for grass reserves, for any Government purposes or for the benefit
of the public. Atleast 10 per cent of the total area under cultivation in a
village shall be set apart as grazing lands for cattle, etc. No lands shall be
assigned unless these minimum requirements have been provided for. If
after providing for grazing lands, some land is still available for cultivation,
the Tahsildar shall submit a recommendation to the Collector for sanction
of such occupation in all cases where the extent of land applied for is more
than 8 acres of dry land. The Tahsildar shall also refer to the Collector for
orders all applications for land under wet cultivation. Where the land
applied for is 8 acres or less of dry land and the estimated value of the
same with Malki or value of trees, buildings, etc., thereon is below 100
rupees, the Tahsildar is authorised to grant the same after holding an
auction thereof himself or through the Girdawar.

(d) In case of lands which adjoin forest boundaries or which contain sendhi
or toddy trees at the rate of more than 50 per acre; the Tahsildar shall
submit the records to the Collector, and the Collector shall pass orders
after ascertaining from the Forest and Excise Departments, whether they
have any objection to the granting of the land applied for. The Forest and
the Excise Department shall express their views within a period of two
months from the date they receive proposal from the Collector in this
behalf. If there be any objection either to the Forest or to the Excise
Department the land shall not be given on Laoni and shall be reserved for
the purposes of the Forest or Excise Department with the approval of the
Board of Revenue. But in respect of lands adjoining the forests whose
boundaries have been demarcated, it is sufficient to order the Tahsildar to
inspect the land personally and to report as to whether the forest
boundaries have been demarcated. If such a report discloses that the
demarcation has been completed and if the revenue records show that the
area of the forest has been separately noted and excluded from other
lands by correction of akarbands and maps, it shall not be necessary to
consult the Forest Department.

(e) If the area applied for is only a part of a number and if there be no
objection for the grant of such land, the land applied for shall be measured
roughly by the Girdawar and allotment made after fixing a temporary
assessment at the rate at which the adjoining land or the nearest
adjoining number has been assessed already. This temporary rate of
assessment shall be levied till the Department of Land Records (survey
and Settlement) completes the sub divisional survey and corrects the
akarband.

(f) While submitting papers, the valuation of trees standing on the land
shall be made in the first instance by the Girdawar according to the local
estimate and thereafter scrutinised by the Tahsildar. The Tahsildar shall
than auction the trees on the spot by fixing a date after giving wide
publicity. In case of Sendhi or Toddy trees, the valuation shall be at the
rate of Rs.10 per tappable tree or at such other rate as may be fixed from
time to time.

(g) When it is decided to dispose of the land by auction the auction

amount of the land and the trees standing thereon shall be recovered as
follows : On the date of the auction, after the auction is held or within a
period of a week from the date of order of allotment where lands are
allotted without auction the party to whom the land is allotted shall deposit
25 per cent, of the value of the land and the auction amount of the trees
thereon and the balance of 75 per cent within 15 days thereafter. On
receipt of the full amount, permission to occupy the land shall be given to
the party in the Form G in duplicate and the signature of the allottee shall
be obtained thereon along with date. One copy of the permission shall be
given to the allottee and the other copy with necessary endorsement of
service shall be returned along with record to the Tahsildar by the
Girdawar. The Girdawar shall personally serve all such notices and obtain
acknowledgments. A memo shall also be given to the village officers to
note in the village records the particulars of the land, the name of the
person, and the assessment to be recovered, etc., and revenue shall be
collected on the land, according to the rates so fixed till the akarband is
finally corrected by the Survey and Settlement Department.

(h) If on the report of local officers, the Collector finds that a proper price
may not be secured by an auction or that there is likelihood of vested
interests acting together and putting up prices so as to make it impossible
for the poorer classes to get the land at a fair price, the Collector may fix
an upset price, and allot the land to the applicant without holding an open
sale.

(i) The sale shall be held after giving 15 days previous notice to the
inhabitants of the Village. A copy of the sale notice in Form H shall be
pasted on the notice board of the Tahsil office and the village chavdi.

Rule 10

The sale shall be confirmed by the Tahsildar where it is held by the

Girdawar; by the Deputy or Asst. Collector in charge of the division where
it is held by the Tahsildar and by the Collector where it is held by the
Deputy or Asst. Collector. Where the sale is conducted by the Collector
himself, the Board Revenue shall be confirming authority. At the
conclusion of the sales the authority conducting the sale shall submit the
records along with the necessary challan numbers pertaining to the
payment of the full price by the party to the proper authority as indicated
above. The confirming authority shall then pass orders either confirming
the sale if there be no objection or cancelling the same if he is of the
opinion that the sale should be cancelled and a fresh sale held. In case the
confirming authority is of the opinion that the land cannot be granted for
laoni he shall order accordingly. After the endorsement of his order, the
papers shall be sent back to his next subordinate officer, and if that
subordinate officer is not the Tahsildar, the intermediate authority shall
sent the papers with the final orders in the usual course to the Tahsildar.
The Tahsildar shall in case of confirmation of the sale, issue a permission
for occupation in Form G prescribed in sub rule (g) of Rule 9, Otherwise,
an order of rejection shall be issued to the party intimating that the land
cannot be granted, for the reasons assigned in such order. In cases where
the recommendation for grant is rejected the amount realised from the
party whose bid has been accepted, shall also be refunded without any
delay and the fact of such refund be entered in the connected records of
the office.

Rule 11
Where a land granted for occupation does not already bear survey
number, a reference shall be made by the Tahsildar to the District Land
Record Officer for getting the phodi work completed.

Rule 12

The District Land Record Officer, after receiving record, shall arrange to
have the land sub divided and to have a separate number assigned thereto
in accordance with the prescribed rules to classify the soil, and to arrange
to get the akarbands and maps corrected. After such correction has been
made the records shall be sent back to the Tahsildar to make a notice in
the village records showing the area finally determined as a result of such
phodi work and the assessment due thereon.

Rule 13

If, as a result of the completion of the phodi work done by the Land
Records Department, the area in the occupation of the grantee is found to
be within 20 per cent or one acre whichever is more in respect of irrigated
lands. The Land Records Officer shall assign the number including such
area and the grantee shall be liable to pay pro rata price realised during
the auction or grant for upset price for such extra land. If the area in
occupation is found to be more than 20 percent or the extent of the
margin noted above, the matter shall be referred back to the Tahsildar for
his opinion as to whether these extra lands may be added on to the land of
the grantee, or be excluded. The Tahsildar shall after obtaining the
previous sanction of the sanctioning authority who had originally granted
the land communicate his final opinion as to whether such extra land
should be added or excluded from the holding as the case may be. Action
shall then be taken accordingly by the Land Records Officer and the phodi
work completed.
Rule 14

Any variation in the assessment rates as fixed by the Land Records Officer
in the akarbands shall take effect only from the year following the year of
such correction in the akarband and shall have no retrospective effect.

Rule 15

No lands in the special areas notified under Section 58 A of A.P.

(Telangana Area) land Revenue Act, shall be assigned except in
accordance with the following rules :

(a) The object of the special laoni is to make land available in certain areas
to such landless persons of agricultural and backward classes as may be
notified from time to time, and who have not sufficient means to purchase
land either at the ordinary laoni auctions or otherwise. The selection of the
most deserving applicant should be made by the Tahsildar after due
publicity in the village or at the place fixed for the allotment proceedings.

(b) Special laoni, proceedings may ordinarily take place twice a year in the
months of April and September, and may also take place at other times
when the Tahsildar is visiting the locality.

Rule 16

In making selection for special laoni preference shall be given to persons

who reside in the village, but do not possess any patta or shikmi rights in
any land in the village or elsewhere or who have insufficient land but
possess bullocks and agricultural implements. Persons who are already
cultivating lands are asamis or bataidars shall be given preference over
other labourers.

Rule 17

The persons selected by the Tahsildar shall be given possession of the land
after auctioning the timber standing thereon. The auction purchaser shall
be required to remove the timber within the time fixed by the Tahsildar
having regard to the area and the volume of timber standing thereon:

Provided that where the auction purchaser is the person selected he shall
be entitled to take possession of the land with the standing timber after
payment of the auction amount :

Provided further that where the Tahsildar has sufficient reasons to believe
that the means of such person make it difficult for him to pay the auction
amount in one lumpsum, he may report accordingly to the Collector while
submitting his proposal for the selection of such a person for confirmation
of the Collector. The Collector may, if he thinks fit, order that the auction
amount shall be recovered in three annual instalments, commencing from
such date as may be fixed by the Collector according to his discretion and
circumstances of the case.

Rule 18

The selection by the Tahsildar of any person for special laoni shall be
confirmed by the Collector within a month from the date of the proposal
for such selection, after satisfying himself that there has been no material
irregularity in the proceedings.

Rule 19
The allottee of the land shall prepare the land for cultivation within three
years of being placed in possession and commerce cultivation of the land
thereafter. The pattadar may be rejected by the order of the Collector for
breach of any of the above conditions:

Provided that he has been served with a notice calling upon him to comply
with the conditions which he has violated and he fails to comply with it
within three months of the date of service thereof. If lands has been
transferred in contravention, the conditions, the Collector may eject the
transferee.

Rule 20

After sanction has been accorded by the Deputy or Assistant Collector in

the case of ordinary laoni and by the Collector in the case of special laoni,
the Tahsildar shall obtain an agreement from the person to whom land is
to be allotted and after recovering any amounts due shall give him
permission in writing to occupy the land.

Rule 21

The Tahsildar shall be careful not to give such permission until the auction
amount of the timber, has been paid, unless the payment thereof by
instalments has been allowed under proviso to Rule 17. All amounts
realised from the auction of timber, shall be credited to the Forest
Department.

Rule 22 Land revenue shall be payable from the crop session

in which possession of the land was given

Provided that in the case of unoccupied or waste land which is granted on

patta under special laoni, the Collector may, if he is satisfied that the land
has been brought into cultivation or all possible efforts are being made for
its cultivation, remit the land revenue for a period not exceeding three
years from the date the allottee of the land is placed in possession of the
land.

Rule 23

The special laoni provisions shall apply to all applications for assessed land
which are not reserved. The Tahsildar may grant pattas under the rules
laid down above.

Rule 24

A register shall be maintained as in Form I in respect of all lands granted

under Special Laoni Rules.

APPENDIX A FORM A

FORM-A

Flysheet for files in Tahsildars Office regarding application for Land for
Laoni

(See Rule 4 (a))

1. Application No. and date

2. Name of village and halqa

3. Name of applicant

4. Particulars of lands, house site or other subject of the application

5. Details of trees, wells or buildings on the land their approximate value

6. Whether any entry has been made in the Setwar or Index Register or
other accounts

relating to the subject of the application against the grant of it and if so

the

details of the entry.

7. Cart track, road, nala, or any recognised communal rights existing on or

in respect of the land

8. any objection of the Villagers against the grant

9. Date of application

10. Date of sale notification

11. Date of publication of the notification

12. Whether the notice has been served on the applicant and adjoining
holders

13. Date and place of sale

14. Name of highest bidder

15. Amount of the highest bid

16. Details of the remittance of the amount into Treasury

.....Amount.DateTreasury No.

A. Deposit .
B. Reminder ..

17. Details of any objections received against the grant

18. Rights reserved, if any

19. If the application relates or a building site conditions, if, any, regarding
the situation of the building an period of completion,subject to which the
sale was conducted.

20. Signature of the clerk

21. Orders of the Tahsildar in cases, subject to his disposal or

recommendation in other cases with signature and date

22. Final orders of Collector or other higher authority.

APPENDIX B FORM B

FORM B

(See Rule 4(b))

Index Register of Applications for ..

Halqa .. Taluqa ..

Application Register

Sl. No. Name ofvillage Number Number Number Number Number Number
Number Number Number Number Number Number Number Total
numberof applications (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)
(13) (14) (15) (16) 1234 Total number of applications.

APPENDIX C1 FORM C1
FORM C-1

(See Rule 5(a))

File Register of Application for Lands for Cultivation

SerialNumber Date of receiptof Application Name of applicantand his

residence Whether applicationwas presentedthrough or direct Particulars of
Land Applied for Estimated valueand other parti-culars of Whether
landordered tobe disposed of by public auction or free for upsetprice Date
ofsale Saleproceeds Date of receiptof sale proceeds Date of passingfinal
orders andnature of suchorders Date of issueof permissionto occupy Date
of deliverythereof to thegrantee Duration i.e.,interval betweencolumn 2
and column 19 Remarks Village Survey number Description Extent
Assessment Date of trans-mission to Girda-war for report Date ofreceipt
ofreport (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15)
(16) (17) (18) (19) (20) (21)

Note :- The same form of Register may be adopted for lands in each of the
several classes of land applications, but there shall be a separate register
for each class.

2. Fresh registers shall be opened at the beginning of every year, pending

cases or balance being carried forward from the old to the new register.
The File Register number of the cases shall not, however, on this account
be changed.

3. When pakka phodi of a part survey number is complete and the same is
brought to the akarband, an entry to that effect shall be made in red ink in
the Remarks column of this register at the same time that the particular
entry in the supplemental Register of Lands (Sethwar or Land Register) is
struck off.

APPENDIX C2 FORM C2
FORM C-2

File Register of Applications for Land for Building purposes

Serial Number Date of receipt of Application Name of applicant and his

residence Whether application was presented through or direct Particulars
of Land Applied for Date of receipt of report Upset price, if any, leviable
How ordered to be disposed of by sale or for fixed price Date of sale Sale
proceedsor price realised Date of receipt of sale records Date of passing
final orders and nature of such orders Date of issue of permit to occupy
Date of delivery of the same to grantee Remarks Village Site No.
Dimensions of the site, North, South, East, West Area in square yards
Boundaries For what purposere quired building Date of trans-mission
tovillage officers for report (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
(12) (13) (14) (15) (16) (17) (18) (19) (20) (21)

APPENDIX D FORM D

FORM - D

Register of Laoni Applications maintained by Girdawar for the year 19

(See Rule 6)

Sl. No. Date of receipt of application from the Tahsil Office with Tahsil
L.No. Name of applicant Description of land Area Assessment Date of
publication of notice(Form E) Date of submission of report Date of receipt
of duplicate order from the Tahsildar Whether application was granted or
refused No. of cattle Remarks (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)
(12)

APPENDIX E FORM E
FORM - E

Notice of Application for land at the disposal of Government

(See Rule 6)

It is hereby notified that .. of .. village has applied for the lands shown in
the following schedule. Persons having objections to the assignment of the
lands shall intimate the same to the Girdawar on the date .. on which he
shall inspect the land personally.

SCHEDULE

No. of thefield Description AREA ASSESSMENT Boundaries Acs. Gts. Rs. P.

(1) (2) (3) (4) (5)

Signature of the Girdawar Halqa

Dated

Certified that the above notice was published by beat of drum and was
posted at the village chavdi and on the land applied for.

Signature of Patel and Patwari

APPENDIX F FORM F

FORM F

(See Rule 8)

Form of Memorandum to accompany Girdawar s report on application for

grant of land on loani

Questions.Answers

1. Name of the village.

2. Acreage of occupied land and assessments thereon for each kind to be

specified (dry, wet, garden).

3. The extent number war of gairan land in the village.

4. The number of cattle, big and small in the village.

5. Number and date of application.

6. Name of applicant.

7. Survey No. and area of land applied for.

8. The description as found in the loani faisalpatti prepared during

settlement.

9. Area of land applied for, if a portion is applied for, it has to be specified

whether the applicant asks for land from one end or in different scattered
places Reasons for applying for disjointed blocks (to be ascertained and
noted in the answers.

10. Description and number of trees on the land applied for, and their
valuation according to panchanama.

11. Sketch of land applied for (this has to be approximate and copied from
the village map).

12. Purpose of application. If for cultivation what kind of cultivation? Area

where any buildings or habitations, temples or other places of worship, or
any other building on the land applied for? Is there any source of irrigation
such as channel tank kunta, well or stream on the land applied for ? Is
there any foot path, cart track on the land applied for ? Is there any grove
of trees dedicated to any diety and is there any fair or gathering for
purpose of religious festivals on such land applied for ? If any of the above
exist, since when ? have these items been entered in the village map ? Are
these in existence now and is it necessary to continue them ? (the
panchanama taken in the village should refer to all these matters and the
Girdawar s answer to this question should be clear under each item).

13. Is the applicant willing to pay full assessment in respect of lands

applied for cultivation ? If land is applied for any other purpose, such as
building a house or farm, a thrashing floor, etc., is the applicant prepared
to pay any special price, if so what ?

14. The opinion of the villagers and specially of the adjoining holders as to
whether they have any objection to the grant to the purpose he requires it
for ? Action taken on such objections and final orders passed by the
Tahsildar or other higher officer.

15. Details of assessed waste lands in the village under dry, wet and
garden.

16. Reasons for applicant not preferring a request for grant of available
assessed waste lands in the village, and for his preferring to apply for
unassessed land. The opinion of the Tahsildar on the bona fides of the
applicant.

17. If the land applied for is for wet or garden cultivation, what is the
source of irrigation ? By such grant will not the source or irrigation become
less for the wet and garden lands already held ?

18. Has the applicant applied for and obtained lands previously ? If so
details noting area assessment of such previous references.

19. Are there sendhi or toddy trees on the land ? Is it included in the list of
reserved lands ? If it has already been included in such list, has the land
such trees now, if so, how many ? Is there any objection to the grant ?
What is the revenue likely to be lost to the Excise Department by giving
the land with such trees?

20. If the land is included in the sendhi and toddy list from which trees are
to be trapped in the case of approved toddy shops, the details of other
areas attached to such shops noting the number of trees thereon, the
amount of contract payable by the contractor to Government and the
opinion of the contractor as to whether the land applied for with such trees
may be granted for cultivation without prejudice to the contractor s
income.

21. Is there is any stream adjoining the land applied for ? What is the
extent of land which may be separated from the holding applied for ? If no
reservation is necessary, reasons for such a recommendation for non
inclusion.

22. Where any previous applications for the land were rejected a reference
to such orders with reasons and date.

Girdawar

Tahsildar

APPENDIX G FORM G

FORM G

[See Rule 9(g)]

Written permission to occupy land (to be given by the Tahsildar under the
Laoni Rules)

Permission is hereby given to .. inhabitant of .. in the Tahsil of District .. to

occupy Survey of Number in the village of ............................... in the
Taluq of .. in .. District.

(Name of the Party) ............................ is to pay ...... amount per year

from for the land granted for occupation under this permit as assessment.

If, after the phodi work is completed, the area and assessment are both
fixed by the Department of Land Records (Survey and Settlement) .. is
bound to pay the assessment so fixed, but this change will take effect only
from the year following that in which such change has been made as a
result of the completion of phodi work by the Department of Land Records.

(In the case of land granted as not transferable) he the grantee is not
empowered to transfer the occupancy without the sanction previously
obtained from the Collector.

This permission to occupy shall not confer the right to mine on the land or
collect minerals therefrom.
Place:

Date:

(Seal)

Tahsildar

APPENDIX H FORM H

FORM H

[See Rule 9(i)]

Proclamation and written notice of sale of the right of occupancy of

unoccupied land

Notice is hereby given that the right of occupancy of the undermentioned

unoccupied land, situate in the village of in the Halqa in the Taluq of the
District will be put up to public auction at on day the day of 19 at or after
o clock A.M. (or) P.M.

The written or printed conditions of sale signed by or may be seen on

application, during office hours on any office day before the day of the
auction, to the Collector or (Tahsildar) of or at the time of the auction, to
the officer, who conducts the same, and intending bidders are warned that
they shall ascertain the said conditions before bidding.

Description of land, (here give a full description of the land, viz., the
survey number or numbers, if it has been surveyed, if not its boundaries,
the class of land, i.e., whether it is dry land, garden land, or building site,
etc., the area of land, "be the same more or less" the assessment, if any,
at present payable for the land, and the term for which the assessment
has been fixed).

(Sd) x x x x x

Collector
(or other competent officer)

Date the

day of .

Conditions of sale are given below :-

1. The sale shall be subject to confirmation by the Collector, or by some

other Revenue officer duly authorised to confirm the same.

2. It shall be in the discretion of the Collector or other officer aforesaid, to

accept or refuse the highest bid.

3. The highest bidder shall have no ground for complaint if the sale be not
confirmed, or if there be delay in the confirmation of the sale.

4. The party who is declared, subject to confirmation of the sale as

aforesaid, to be the purchaser shall be required to deposit immediately 25
per cent on the amount of his bid, and in default of such deposit, the
occupancy right shall forthwith be put up and resold.

5. If the proceeds of such resale be less than the bid of such defaulting
purchaser, the difference shall be recovered from him by the Collector as
arrears of land revenue.

6. The full amount of the purchase money shall be paid by the purchaser
within 15 days of the auction or if the said fifteenth day be a Sunday or
other public holiday, then on the first working day thereafter.

7. In default of payment, within the said period of the full amount of the
purchase money, the deposit after defray therefrom the expenses of the
sale, shall be forfeited to Government and the occupancy right be resoid
and the defaulting purchaser shall forfeit all claim to the occupancy right,
or to any part of the sum for which it may be subsequently sold.

8. If the sale is not confirmed, the purchaser shall be entitled to refund of

his deposit or his purchase money, as the case may be.

9. The purchaser shall, prior to occupation of the land, obtain the

permission in writing of the Tahsildar or Collector under Section 54 of the
A.P. (Telangana Area) land Revenue Act. Such permission shall only be
accorded on his paying local fund cess at the rate of one anna in the rupee
on the amount of the purchase money. If the land is occupied without such
permission being first obtained, the occupation shall be liable to be treated
as unauthorised under the A.P. (Telangana Area) Land Revenue Act
No.VIII of 1317 F.

10. The purchaser shall pay the assessment of the land and Local Fund
Cess thereon commencing with the year, provided that, if for no fault of
his, he does not obtain possession of the land in due time to make use of
it that year, he shall not be chargeable with the assessment and Local
Fund Cess there of till the next following year.

APPENDIX I FORM I

FORM I

Register of Land Granted on Special Laoni

Sl. No. Name of Halqa village Name ofgrantee Sl. No. DESCRIPTION OF
LAND Conditionsof grant Extent Assessment Ac. Gts. Rs. Ps. (1) (2) (3) (4)
(5) (6) (7) (8)
Act Type : Andhra Pradesh State Acts