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