Section 3 in Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959
3. Transfer of immovable property by a member of a Schedule Tribe.
- [(1) (a) Notwithstanding anything in any enactment, rule or law in force in the Agency tracts any transfer of immovable property situated in the Agency tracts by a person. Whether or not such person is a member of a Scheduled Tribe, shall be absolutely null and void, unless such transfer is made in favour of person, who is a member of a Scheduled Tribe or a society registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 (Act7 of 1964) which is composed solely of members of the Scheduled Tribes.(b)Until the contrary is proved, any immovable property situated in the Agency tracts and in the possession of a person who is not a member of Scheduled Tribe, shall be presumed to have been acquired by person or his predecessor in possession through a transfer made to him by a member of a Scheduled Tribe.(c)Where a person intending to sell his land is not able to effect such sale, by reason of the fact that no member of a Scheduled Tribe is willing to purchase the land or is willing to purchase the land on the terms offered by such person, then such person may apply to the Agent, the Agency Divisional Officer or any other prescribed officer for the acquisition of such land by the State Government, and the Agent. Agency Divisional Officer or the prescribed officer, as the case may be, may by order, take over such land on payment of compensation in accordance with the principles specified in Section 10 of the Andhra Pradesh Ceiling on Agricultural Holdings Act, 1961 (Act X of 1961), and such land shall thereupon vest in the State government free from all encumbrances and shall be disposed of in favour of members of the Scheduled Tribes or a society registered or deemed to be registered under the Andhra Pradesh Cooperative Societies Act, 1964 (Act 7 of 1964) composed solely of members of the Scheduled Tribes or in such other manner and subject to such conditions as may be prescribed];(2)(a)Where a transfer of immovable property is made in contravention ,of sub-section (1), the Agent, The Agency Divisional Officer or any other prescribed Officer may, on application by any one interested, or on information given in writing by a public servant, or suo motu decree ejectment against any person in possession of the property claiming under the transfer, after due notice to him in the manner prescribed and may restore it to the transfer or his heirs.(b)If the transfer or his heirs are not willing to take back the property or where their whereabouts are not known, the Agent, the Agency Divisional Officer or prescribed officer, as the case may be, may order the assignment or sale of the property to any other member of a Scheduled Tribe [or a society registered or deemed to be registered under any law relating to Co-operative Societies for the time being in force in the State] [Inserted by Regulation 1 of 1971.] composed solely of members of the Scheduled Tribes, or otherwise dispose of it, as if it was a property at the disposal of State Government.(3)(a)Subject to such conditions as may be prescribed, an appeal against any decree or order under subsection (2), shall lie within such times as may be prescribed-(i)if the decree or order was passed by the Agent, to the State Government;(ii)if the decree or order was passed by the Agency Divisional Officer, to the Agent; and(iii)if the decree or order was passed by any other officer, to the Agency Divisional Officer or Agent, as may be prescribed.(b)The appellate authority may entertain an appeal on sufficient cause being shown after the expiry of the time limit prescribed therefor.(4)[ For the purposes of this section, the expression 'transfer' includes a sale in execution of a decree and also a transfer made by a member of a Scheduled Tribe in favour of any other member of a Scheduled Tribe benami for the benefit of a person who is not a member of a Scheduled Tribe; but does not include a partition or a devolution by succession] [Sub-section (4) inserted by regulation 1 of 1970.]
