ANDHRA PRADESH SPLITTING UP OF JOINT PATTAS ACT, 1965
2 of 1965
19th January, 1965
An Act to provide for the splitting up of joint pattas in the State of Andhra Pradesh and for matters connected therewith. Be it enacted by the Legislature State of the Andhra Pradesh in the Fifteenth Year of the Republic of India as follows:-
Section 1 Short title and extent
(1) This Act may be called the Andhra Pradesh splitting up of Joint Pattas Act, 1965.
(2) It extends to the whole of the State of Andhra Pradesh.
Section 2 Definitions
In this Act, unless the context otherwise requires:
(a) Collector means any officer in charge of a revenue division and includes a Deputy Collector, a Sub Collector and an Assistant Collector;
(b) Government means the State Government;
(c) joint holding means a parcel or parcels of land held by two or more persons under a joint patta;
(d) joint pattadars in relation to a joint holding means the persons who hold land directly under the Government under a joint patta or whose names are registered in the revenue records as joint pattadar or as joint occupants and who are jointly and severally liable to pay land revenue in respect of such holding;
(e) land means land which is used or is capable of being used for purposes of agriculture, including horticulture, but does not include land used exclusively for non agricultural purposes;
(f) pattadar means a person who holds land directly under the Government under a patta or whose name is registered in the revenue records as pattadar or as occupant and who is liable to pay land revenue in respect of such land;
(g) prescribed means prescribed by rules made under this Act;
(h) Tahsildar means the Tahsildar within whose jurisdiction the land or a part thereof is situate and includes a Deputy Tahsildar in independent charge of a taluk or sub taluk and any other officer of the Revenue Department not below the rank of a Deputy Tahsildar empowered by the Government to exercise the powers and perform the functions of the Tahsildar under this Act.
Section 3 Splitting up of joint pattas
(1) Every joint patta granted to, or held by, joint pattadars immediately before the commencement of this Act, except that granted to, or held by, a Hindu joint family, shall be split up in the manner provided in sub sections (2) and (3).
(2) Every joint pattadar shall be entitled for the grant of a separate patta to him in respect of his share of land in the joint holding.
(3) The Tahsildar shall, after publishing notice in the manner prescribed calling upon the joint pattadars and other persons known or believed to be interested in the grant of separate pattas and after holding an inquiry in the manner prescribed, by order determine the share of land of each pattadar in the joint holding and grant him a separate patta for that share. The Tahsildar shall thereafter get the shares of land sub divided, where necessary, in the manner prescribed. The costs incurred by the Government in connection with such sub division shall be determined and recovered in the manner prescribed from the pattadars concerned in proportion of their shares.
(4) No person shall be registered in the revenue records as a joint pattadar or granted a joint patta in respect of a holding except in the case of a Hindu joint family.
Section 4 Transfer by grant of pattas
(1) Every person acquiring ownership of any land by succession, estate or interstate, or by sale, gift, exchange, partition or by any other means shall be entitled for the transfer or grant of a patta for such land.
(2) The Tahsildar shall, after publishing notice in the manner prescribed calling upon the owner and other persons known or believed to be interested in the transfer of patta or the grant of patta for such land and after holding an inquiry in the manner prescribed, by order, affect the transfer of patta or grant patta for such land. The Tahsildar shall thereafter get such land sub divided, where necessary, in the manner prescribed. The costs incurred by the Government in connection with such sub division shall be determined and recovered in the manner prescribed from the pattadars concerned in proportion to their shares.
Section 5 Appeal
Any person aggrieved by an order of the Tahsildar under Section 3 or Section 4 may, within ninety days from the date of communication to him of such order, appeal to the Collector. The decision of the Collector thereon shall, subject to any judgment, decree or order of a competent court, or revision under Section 5A be final.
Section 5A Revision
(1) The Collector may suo motu at any time call for and examine the records of the Tahsildar in respect of any decision, order or other proceedings made under this Act, for the purpose of satisfying himself as to the correctness or legality or propriety of any such decision or order or as to the regularity of such proceedings and, if, in any case, it appears to him that such decision, order or proceedings should be modified, annulled, reversed or remitted for consideration, he may pass orders accordingly:-
Provided that no order adversely affecting any party shall be passed under this section unless he has been given an opportunity of making his representation.
(2) The Collector may stay the execution of any decision, order or proceeding of the nature referred to in sub section (1) pending the exercise of his powers under this section in respect thereof.
Section 6 Power of Tahsildar and Collector
The Tahsildar and the Collector shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
Section 7 Supply of copies of Orders of Transfer or grant of Pattas to Village Officers
The village karanam or patwari shall, be supplied with a copy of every order made under Section 3, Section 4, Section 5 or Section 5 A for effecting in the manner prescribed, necessary changes in the revenue records maintained by him.
Section 8 Power to exempt land or class of land
The Government may, by general or special order and for reasons to be recorded therein, exempt any land or class of land from all or any of the provisions of this Act.
Section 9 Power to make rules
(1)The Government may, by notification published in the Andhra Pradesh Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) the form and contents of pattas;
(b) the fees to be paid in respect of applications for the issue of certified copies of pattas.
(3) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session, and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall thereafter have effect only in such modified form or shall stand annulled, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 10 Act to over ride other laws, contracts, etc.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law, custom, usage or agreement for the time being in force.
RULE:
ANDHRA PRADESH SPLITTING UP OF JOINT PATTAS RULES, 1965
30th June, 1965
In exercise of the powers conferred by sub section 9 of the Andhra Pradesh Splitting up of Joint Pattas Act, 1965 (Andhra Pradesh Act II of 1965) the Governor of Andhra Pradesh hereby makes the following rules
Rule 1 Short title
These rules may be called the Andhra Pradesh Splitting up of Joint Pattas Rules, 1965.
Rule 2 Definitions
In these rules, unless the context otherwise requires:
(a) Act means the Andhra Pradesh Splitting up of Joint Pattas Act, 1965.
(b) Section means a section of the Act.
(c) form means a form contained in the Annexure to these rules.
(d) Omitted.
Rule 3 Service of notices to Joint Pattadars
The Karanam of the village shall prepare individual notices in Form I in respect of all the Joint Pattadars in the village recorded as such in the village accounts and other persons known or believed to be interested in the grant of separate pattas and submit them to the Tahsildar along with a list of joint pattadars in the village for all the Survey Numbers or sub divisions which are jointly held. On receipt of the notices and the list, the Tahsildar shall cause service of the notices on the joint pattadars or other persons aforesaid, calling upon them to attend before him on such date, not later than ten days from the date of receipt of the notice and at such place as mentioned in the notice with all the relevant documents in support of their claims.
Rule 3A Transfer or grant of pattas service of notice to owners, etc.
The Karanam of the village shall prepare individual notices in Form 1-A in respect of all the persons acquiring ownership of any land by succession, testate or intestate, or by sale, gift, exchange, partition or by any other means and in respect of all other persons known or believed to be interested in the transfer of patta or the grant of patta for such land and submit them along with the list of such persons to the Tahsildar. On receipt of the notices and the list, the Tahsildar shall cause service of the notices on the said persons calling upon them to attend before him on such date, not later than ten days from the date of receipt of the notice, and at such place, as mentioned in the notice with all the relevant documents in support of their claims.
Rule 4 Enquiry by Tahsildar
On the day fixed for the attendance of the parties the Tahsildar shall enquire a summarily into the various claims raised by the joint pattadars and other interested persons.
Rule 5 Communication of orders
On the completion of the enquiry under Rule 4, the Tahsildar shall determine the individual share of each pattadar in each survey number of survey numbers as the case may be, and pass an order in Form III, granting him a separate patta for that share. A copy of such order together with a sketch showing therein as nearly as possible the location of each share or shares of the joint pattadars shall be communicated to the concerned joint pattadars. It shall not be necessary to prepare any such sketch in respect of any survey number, unless there is dispute or there is no enjoyment. Where whole survey number or survey numbers fall to the share of any one or all of the joint pattadars, they need not be shown in a sketch. But a list of such whole Survey Number or Survey Numbers shall be mentioned in the order passed by the Tahsildar".
Rule 6 Appeal
Every appeal under Section 5 shall be stamped with a Court fee label of Rs.2.
Rule 7 Communication of orders to village officers and surveyor
After the expiry of the period of ninety days for preferring an appeal from the date of communication of the order or the Tahsildar passed under Rule 5 or if an appeal is preferred, soon after the order on the said appeal is received, the Tahsildar shall communicate such order, to xxx the village Karanam or Patwari, and the surveyor employed for the purpose of checking of the sub division work or for measurement in disputed cases.
Rule 8 Fees for sub division
Simultaneously with the communication of orders under Rule 7, the Tahsildar shall cause a demand notice served on each of the Joint Pattadars whose Joint holdings have to be sub divided under the rules, showing the amount of fees for each sub division to be paid by each of the Joint Pattadars. "The fees payable for such sub division shall be Rupees ten.
Rule 9 Recovery of sub division fees
On receipt of a demand notice under Rule 8, each of the Joint Pattadars shall pay or cause to be paid the sub division fees apportioned to him the sub division within fifteen days from the date of service of the notice failing which such fees and cost, shall be recovered as arrear of land revenue. As soon as the orders of the Tahsildar under Rule 5 and the demand notice are received, the village Munsiff Patel shall take action to serve the demand notices and to collect the sub division fees and credit it in the treasury to the relevant head of account."
Rule 10 Sub division of lands
As soon as the sub division fees recovered from the concerned joint pattadars, the village Karanam or the Deputy Surveyor shall take necessary steps to sub divide the lands and submit the sub division record to the Tahsildar along with the sub division statement and a statement showing the fees recovered from each pattadar and credited into the treasury.
Rule 11 Checking of sub division records
The Tahsildar shall, after satisfying himself that the fees for sub division has been collected from the concerned pattadars, get the sub divisions, as measured by the village Karnam or the Deputy Surveyor checked by a Surveyor employed for the purpose, who shall certify as to the correctness of the records prepared by the village Karnam or the Deputy Surveyor.
Rule 12 Preparation of pattas by village Officers
After action under the foregoing rules is completed, the Tahsildar shall direct the village Karanam or the Patwari, as the case may be, to prepare a patta in triplicate in Form II within fifteen days from the date of receipt of such direction and submit it to the Tahsildar.
Rule 13 Issue of separate pattas
The Tahsildar shall sign the patta, affix his seal and cause the delivery of one copy to the Pattadar and one copy to the Karnam or Patwari of the village. The Tahsildar shall obtain an acknowledgment from the Pattadar and Karnam or Patwari and file it along with the connected revenue records.
Rule 14 Incorporation of changes
The sub division record shall be scrutinised by the District Surveyor and action taken by the competent Officers to incorporate the necessary changes in the connected revenue records in the taluk office and with the village officer, within thirty days after the separate patta are issued under Rule 13 and the fact of the incorporation of the changes shall be reported by the competent officers to the Tahsildar, who shall file the report along with the connected papers.
Rule 15 Method of Service of Notices
All notices, or demands, or orders issued under these rules shall be served by any one of the following methods namely:-
(a) by delivering or tendering it to the person concerned or his agent or to any adult member of his family after obtaining the acknowledgment on the duplicate, or
(b) by affixing a copy of the notice or order or demand at his last known place of residence or place of business; or
(c) by sending it by registered post, acknowledgment due.
Rule 16 Grant of certified copies
The Tahsildar may, on application, grant a certified copy of the patta, according to B.S.O.173 paras 5 to 19.
APPENDIX 1 FORM
FORM
[ See Rule 3 ]
FORM 1
[ See Rule 3 ]
To
Sri . . . . . . . . . .
Village . . . . . . . . . .
Whereas it is proposed to hold an enquiry under sub section (3) of Section 3 of the Andhra Pradesh Splitting up of Joint Pattas Act, 1965.
And whereas there is credible information that you have in your possession or under your control, the documents noted below which are relevant to the said enquiry.
You are hereby required to appear in person or by authorised representative and produce or cause to be produced, the said documents or give such evidence before the undersigned on . . . . . . . . at . . . . . . . . and in default, without sufficient cause, orders will be passed on the information available with the undersigned.
(Note the Documents).
Tahsildar
APPENDIX 1A FORM
FORM
(See Rule 3 A)
FORM 1-A
(See Rule 3 A)
To
Shri . . . . . . . . . .
Village . . . . . . . . . .
Whereas it is proposed to hold an enquiry under sub section (2) of Section 4 of the Andhra Pradesh Splitting up of Joint Pattas Act, 1965;
And whereas there is credible information that you have in your possession or under your control, the documents noted below which are relevant to the said enquiry;
You are hereby required to appear in person or by authorised representative and produce or cause to be produced, the said documents or give such evidence as is deemed necessary before the undersigned on . . . . . . . . at . . . . . . . . and in default, without sufficient cause, an order will be passed on the information available with the undersigned.
(here mention the documents).
Tahsildar.
APPENDIX 2 FORM
FORM
(See Rule 11)
FORM 2
(See Rule 11)
Patta No.
Name of the Pattadar:
Name of the Village: Name of the Taluk:
District:
The assessment exhibited in the patta must be paid to the Monegar Malipatel according to the Kist Bandi.
Particulars of field in the holding.
Note: The assessment entered in this patta represents only the commuted value of the Government share of the produce on surface cultivation and the lands are liable to pay an additional assessment if minerals are discovered and worked in them.
Dry Wet Year and particulars Field Number andsub division ExtentAcs. Cts. AssessmentRs. Ps. ExtentAcs. Cts. AssessmentRs. Ps. Total Assessment Remarks (1) (2) (3) (4) (5) (6) (7) (8)
Signature of Village Karnam or Patwari Tahsildar
Seal
APPENDIX 3 FORM
FORM
(See Rule 5)
FORM 3
(See Rule 5)
Order.
Patta No. . . . . . . . . . . of . . . . . . . . . . village . . . . . . . . . . Taluk . . . . . . . . . . District comprising Survey Nos . . . . . . . . . . Measuring Hectares . . . . . . . . respectively is held jointly by Sarvasri . . . . . . . . . . . .
In pursuance of Sub section (3) of Section 3 of the Act, I hereby order the splitting up of this Patta and grant of individual pattas in the names of the said individuals. The details of the land that are included in their respective holdings are indicated below:-
Name of theVillage Patta No. Name of thepattadar S.Nos. includedin the patta Extent Hectares (1) (2) (3) (4) (5)
Special Deputy Tahsildar.
For Splitting up of Joint Pattas.
ANDHRA PRADESH MUNICIPAL CORPORATIONS (CONDUCT OF ELECTION OF MAYOR AND DEPUTY MAYOR) RULES, 2005
In exercise of the powers conferred by sub-section (1) of Section 585 read with Section 90 of the Hyderabad Municipal Corporations Act, 1955 (Act II of 1956), Sections 7 and 11 of the Visakhapatnam Municipal Corporation Act, 1979 (Act No. XIX of 1979), Section 7 of the Vijayawada Municipal Corporation Act, 1981 (Act No. XXIII of 1981) and Sections 14 and 18 of the Andhra Pradesh Municipal Corporations Act, 1994 (Act No. XXV of 1994), and in Supercession of all the existing rules on the subject, the Governor of Andhra Pradesh hereby, makes the following rule relating to conduct of election of Mayor and Deputy Mayor of Municipal Corporation.
PART 1 Preliminary
Rule 1 Short title
(i) These Rules may be called the Andhra Pradesh Municipal Corporations (Conduct of Election of Mayor and Deputy Mayor) Rules, 2005.
(ii) These rules shall apply to all Municipal Corporations in the State.
Rule 2 Definitions
In these Rules, unless the context otherwise requires, -
(i) "Act" means the Hyderabad Municipal Corporations Act, 1955 (Act II of 1965).
(ii) "Election Authority" means such officer or authority as may be appointed by the State Election Commission under clause (15a) of Section 2;
(iii) "Form" means the Form appended to these Rules;
(iv) "Section" means a section of the Act; and
(v) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
Rule 3 Powers of Election Authority
Subject to the general superintendence, direction and control of the State Election Commission, the Election Authority shall be responsible for the conduct of elections of the Mayor and Deputy Mayor.
PART 2 Election of Mayor and Deputy Mayor of Municipal Corporation
Rule 4 Convening of Special Meeting for Election of Mayor
(1) A special meeting of the members of Municipal Corporation specified in sub-sections (1) and (1A) of Section 5 of the Act shall be held in the office of the Municipal Corporation by the District Collector or Joint Collector authorised by the Election Authority in this behalf in Form I, for the election of Mayor and Deputy Mayor in the manner laid down hereafter.
(2) Notice of the date and hour of such meeting shall be given in Form-II to the members specified in sub-sections (1) and (1A) of Section 5 of the Act atleast three clear days in advance of the date of the meeting fixed for the election of the Mayor and Deputy Mayor by the District Collector or the Joint Collector authorised by the Election Authority.
Rule 5 Quorum
No meeting for the conduct of election of Mayor or Deputy Mayor shall be held unless there be present at the meeting atleast one-half of the number of members then on the Corporation, who are entitled to vote at the election within one hour from the time appointed for the meeting.
Provided that where at an election held for the purpose, the Mayor or Deputy Mayor is not elected afresh election shell be held on the next day whether or not it is a public holiday for the Corporation concerned and where the Mayor or Deputy Mayor could not be elected on the next day also, the matter shall be reported to the State Election Commission for fixing another date for holding election.
Provided further, that where the Election of Mayor or Deputy Mayor could not be conducted in the first two special meetings, convened for the purpose for want of quorum, the Mayor or Deputy Mayor shall be elected in the subsequent meeting/meetings convened for the purpose from among the members present without insisting for quorum.
Explanation For the purpose of this rule, it is hereby clarified that in determination of one-half of the members under this rule, any fraction below 0.5 should be ignored and any fraction of 0.5 or above shall be taken as one.
Rule 6 Manner of election
(1) A candidate for the office of Mayor or Deputy Mayor shall be proposed by one member and seconded by another who are entitled to vote if any candidate claims to be contesting on behalf of a recognised political party, he shall produce an authorisation, from the President of the Party in the State or a person duly authorised by the State President under his Office seal and such authorisation shall be produced before the Presiding Officer on or before 10.00 a.m. on the day of the election. The names of all candidates validly proposed and seconded shall be read out, along with the name of the Political party which has set him up, by the Presiding Officer in such a meeting.
(2) If only one candidate is duly proposed, there shall be no election and he shall be declared to have been elected.
(3) If there are two or more such candidates, an election shall be held by show of hands and votes taken of the members present at the meeting.
(4) when an election notice is issued for conducting election to both the offices of Mayor and Deputy Mayor, no election to the office of the Deputy Mayor shall be conducted, unless the office of the Mayor is filled up. Only after completion of election of Mayor, the Presiding Officer shall conduct election of Deputy mayor.
(5) The Presiding Officer shall thereafter record the number of votes polled, for each such candidate ascertained by show of hands he shall announce the number of votes secured by each candidate and shall declare the candidate who secures the highest number of votes, as elected.
(6) In the event of there being an equality of votes between two or more candidates, the Presiding Officer shall draw lots in the presence of the members and the candidates whose name is first drawn shall be declared to have been duly elected.
(7) Every recognised political party may appoint on behalf of that political party a whip and intimation of such appointment shall be issued by the State President or a person authorised by him under his seal and such intimation shall be sent to the Presiding Officer to reach him on or before 11.00 a.m. on the day preceding the day of election to the Office of the Mayor and Deputy Mayor.
Explanation: - Recognised political party means a political party recognised by Election Commission of India, NewDelhi as per the provisions of Election Symbols (Reservation and Allotment) Order, 1968 issued under article 324 of Constitution of India.
(8)
(i) Any member of the Corporation, elected on behalf of a recognised political party shall cease to be a Member of the Corporation for disobeying the direction of the Party Whip so issued.
(ii) The Presiding Officer shall, on receipt of a written report from the party Whip within three days of the election that a member belonging to his party has disobeyed the Whip issued in connection with the election give a show-cause notice to the member concerned as to why he should not be declared to have ceased to hold office and that he should make any representation within seven days from the date of the notice. The Presiding Officer shall, consider any explanation given and pass a speaking order in the matter of cessation for disobedience of the Whip if no explanation is received, the Presiding Officer shall passan order on the basis of the material available with him.
Rule 7 Record of Proceedings
Immediately after the declaration of the result of the election, the Presiding Officer, shall-
(a) prepare a record of the proceedings of the meeting and sign it attesting with his initials every correction made therein and shall also have the said record of proceedings attested by a majority of the members who participated in the meeting
(b) publish on the notice board of the Corporation a notice signed by him stating the name of the person elected as Mayor and Deputy Mayor of the Corporation and send a copy of such notice to the State Election Commission, the Commissioner and Director of Municipal Administration. A copy of the notice shall also be given to the candidate who is declared elected as mayor/Deputy Mayor.
PART 3 Filing up of Casual Vacancies in the Office of Mayor and Deputy Mayor of Municipal Corporation
Rule 8 Procedure for filling casual vacancies
The Rules in Part-II shall apply for filing up a casual vacancy in the office of the Mayor and Deputy Mayor.
Provided that every casual vacancy shall be filled up within a period of six months from the date of occurrence of such vacancy.
APPENDIX 1 FORM
FORM
[See Rule 4(1)]
FORM 1
[See Rule
4(1)]
I,................... (name & designation) being the Election
Authority, hereby authorised Sri.
(name & designation), to convene the
special meeting of the elected and
ex-officio members of the Municipal Corporation..... for election of the
Mayor and Deputy Mayor of.... Municipal Corporation.
Place:
(Signature)
Date:
Election Authority.
APPENDIX 2 Notice of Special Meeting for Election of Mayor and Deputy Mayor
FORM
[See Rule 4(2)]
FORM 2
Notice of Special Meeting for Election of Mayor and Deputy Mayor
[See Rule 4(2)]
Notice is hereby given to Sri........... elected/ex-officio member of the ........... Municipal Corporation that a special meeting
of the members of the Municipal Corporation will be held at (time..................... ) on (date). at its office for the election of the Mayor and Deputy Mayor The member is requested to make it convenient to
attend the meeting.
Place:
(Signature)
Date:
District Collector/Joint Collector,
authorised by the Election Authority. |
