Section 10 in The Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Rules, 1974
10. Disposal of lands vested in the Government:
(1)Subject to the reservations provided in the Act, land vested in the Government under the Act, shall be allotted by the Tahsildar for use as house sites for agricultural labourers, village artisans or other houseless poor persons; or shall be transferred to landless poor persons for purposes of agricultural or for purposes ancillary, thereto in the following manner:(i)displaced tenants having no land;(ii)landless poor persons; and(iii)other poor agriculturists:[Provided that in respect of each category of persons referred to in Section 14 of the Act and in this rule priority shall be given to persons locally residing and further from among whom priority shall be given to an ex-serviceman [and a widow of a person employed in the armed forces and who died in a war] [Substituted by G.O.Ms.No. 861, dated 18-7-1977 vide R.S. to Part II(Ext), dated 22-7-1977.] belonging to that category :Provided further that in respect of land surrendered by a Co-operative society, firm or company and vesting in the Government, preference shall, as far as may be practicable, be given to a landless poor person or other poor agriculturist who, as a shareholder of such Co-operative society, or company or as a partner of such firm was cultivating such land on the specified date :Provided also that land surrendered in the Schedule Areas shall not be allotted or transferred to persons other than members of the Scheduled Tribes.(2)The maximum extent of land which may be allotted to an individual or a family unit for use as house-site shall not exceed 0.056 hectares (five cents) and the maximum extent of land which may be transferred to an individual or a family unit for agricultural purposes or for purposes ancillary thereto shall not exceed 1.01 hectares (two and a half acres) of wet land or 2.02 hectares (five acres) of dry land.(3)The procedure followed for the allotment or assignment of Government lands for use as house-sites or for purposes of agriculture shall mutatis mutandis apply to the allotment or transfer of lands under this rule.(4)The allotment or transfer of lands shall be made by the Tahsildar concerned subject to the following conditions, namely:(a)The allottee or transferee shall pay to the Government the sum specified in sub-section (2) of Section 14 in fifteen equal annual instalments from the date of allotment or transfer, each annual instalment being payable before the 1st day of March of every year.(b)Where the land transferred contains any fruit-bearing trees or permanent structures, the transferee shall also be liable to pay the value of such trees or structures, as calculated as per Rule 11, and it shall be recovered in fifteen equal annual instalments along with the sum payable for the land under Clause (a).(c)No instalment of the sum payable shall be recovered in a Fasli year in which the land revenue on the land is remitted or suspended and such instalment shall stand postponed by one Fasli year and the instalment so postponed shall be recovered together with the instalment of the succeeding year.(d)The allottee or transferee, shall, in addition to the instalment payable under this rule, be liable to pay the land revenue and other rates and taxes, if any, payable on the land.(e)Where the land is allotted for use as house site, the allottee shall utilise the same for construction of a house thereon within a period of two years from the date of allotment or such further period as the Tahsildar may permit.(f)Where the land is transferred for purposes of agriculture or for purposes ancillary thereto, the land shall be cultivated personally by the transferee or any of the members of his family or by hired labour under the supervision and control of himself or any member of his family.(g)All lands allotted or transferred shall be heritable, but shall not be transferable, except by way of mortgage in favour of the Government, a Bank or a Co-operative Society, including a Land Mortgage Bank.Explanation I:- For the purposes of these rules, "poor agriculturist" means a person who or together with the members of his family unit in the aggregate does not own more than 1.01 hectares (2-1/2 acres) of wet land or 2.02 hectares (5 acres) of dry land and in computing the area owned by such person 0.405 hectares (one acre) of wet land shall be treated as equivalent to 0.809 hectares (2 acres) of dry land.Explanation II:- While transferring land for purposes of agriculture, the land owned by the transferee or any of the members of his family unit shall be taken into account, such that the land transferred to him under these rules together with the lands already owned by him or the members of the family unit do not, in the aggregate, exceed the maximum extent of 1.01 hectares (2-1/2 acres) of wet land or 2.02 hectares (5 acres) of dry land.(5)Where any person fails to pay the instalment due or violates and of the conditions of allotment or transfer, the Revenue Divisional Officer, may after giving an opportunity to the person concerned of making a representation in this behalf within thirty days from the date of communication of a notice, pass an order forfeiting the amount already paid and resuming the land and also authorise any officers not below the rank of a Revenue Inspector to take possession of the land:Provided that no such land shall be taken possession of until the seasonal crop on the ground is harvested.(6)Against every order of forfeiture of the amount or resumption of the land passed by the Revenue Divisional Officer, an appeal shall lie to the District Collector within thirty days from the date of the communication of the order.[10A. Re-transfer of land vested in Government in certain cases:- (1) Where as a result of the fresh determination of excess land or approval of fresh surrender of excess land or selection of the land to be surrendered in accordance with the Provisions of the Act as amended by the Andhra Pradesh Land Reforms (Ceiling and Agricultural Holdings) Amendment Act, 1977 (Act 10 of 1977), any land vested in the Government under Section 11 is to be re-transferred to the person who surrendered such land, the Tribunal shall pass an order to the effect that the said person is entitled for re-transfer of such land and specify the extent of such land and also the amount, if any, to be repaid by him to the Government in respect of that land and communicate the order to the Revenue Divisional Officer.] [Inserted by G.O.Ms.No. 611, Rev.(G), dated 25-5-1977.](2)The Revenue Divisional Officer, shall, on receipt of the order of the Tribunal under sub-rule (1), ascertain whether such land has been allotted or transferred to any person prior to the 30th April, 1977, and where such land has not been allotted or transferred, the Revenue Divisional Officer shall issue a notice to the person who surrendered the land intimating that the land shall be re-transferred to him on repayment of the amount specified in the notice, being the amount paid to him by the Government in respect of that land within such time as may be specified in the notice. On such repayment, the Revenue Divisional Officer shall issue an order authorising an officer not below the rank of a Revenue Inspector to deliver possession of the land to such person. The Revenue Inspector, shall in pursuance of the said order deliver possession of the land and furnish a certificate to the effect in Form XI-A.(3)(a)In any case where the Revenue Divisional Officer has found that the land to be re-transferred has been allotted or transferred to any person prior to the 30th April, 1977, he shall furnish a report of the case to the District Collector specifying the period during which such allottee or transferee has been in possession of the land and the extent to which such allottee or transferee has incurred any expenditure on making improvements to such land. On receipt of such report, the District Collector shall determine whether or not such land should be resumed from the allottee or transferee. Where the District Collector determines that such land should be so resumed, he shall direct the Revenue Divisional Officer to resume possession of the land from transferee or allottee for being re-transferred to the person who surrendered such land. On such direction, the Revenue Divisional Officer shall resume possession of the land and take action in accordance with the provisions of sub-rule (2):Provided that no possession of the land shall be resumed until after a seasonal crop on the land raised by the transferee is harvested by him.(b)In lieu of land so resumed and re-transferred, the District Collector shall direct the Revenue Divisional Officer to take steps to allot or transfer to the allottee or transferee any other land vesting in the Government.(4)In case where the District Collector considers that the resumption of land from the allottee or transferee is likely to cause undue hardship to him the District Collector shall after obtaining the approval of the Government, pay to the person who is entitled to receive the amount in respect of the land under the Act, in lieu of re-transferring the land, a sum equal to the amount as determined, in accordance with the proviso to sub-section (5) of Section 7 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act, 1977 (Act 10 of 1977).Sub-rule (5) renumbered as sub-rule (8) and before the sub-rule so renumbered the sub-rules (5), (6) & (7) [(5) Where, as a result of the orders passed by the Appellate Tribunal on an appeal filed under Section 20 or by the High Court on an application for revision filed under Section 21 of the Act, any land vested in the Government under Section 11 is to be re-transferred to the person who surrendered such land, the Tribunal shall pass an order to the effect that the said person is entitled to transfer of such land and it shall specify the extent of such land and also the amount, if any, to be repaid by him to the Government in respect of that land and communicate the order to the Revenue Divisional Officer.] [added by G.O.Ms.No. 4643, Revenue (G), dated 22-10-1980 vide R.S. to Part II (Ext.) A.P. Gazette, dated 24-10-1980.](6)The Revenue Divisional Officer, shall on receipt of the order of the Tribunal under sub-rule (5) ascertain whether such land has been allotted or transferred to any person and where such land has not been allotted or transferred the Revenue Divisional Officer shall issue a notice to the person who surrendered the land intimating that the land shall be re-transferred to him on repayment of the amount specified in the notice, being the amount paid to him by the Government in respect of that land within such time, as may be specified, in the notice. On such repayment, the Revenue Divisional Officer shall issue an order authorising an Officer not below the rank of a Revenue Inspector to deliver possession of the land to such person. The Revenue Inspector shall, in pursuance of the said order deliver possession of the land and furnish a certificate to the effect in Form XI-A.(7)(a)In any case where the Revenue Divisional Officer has found that the land to be re-transferred has been allotted or transferred to any person he shall resume possession of the land from the transferee or allottee for being re-transferred to the person who surrendered such land and take action in accordance with the provisions of sub-rule (6) :Provided that no possession of the land shall be resumed until after a seasonal crop on the land raised by the transferee is harvested by him.(b)In lieu of the land so resumed and re-transferred, the Revenue Divisional Officer shall take steps to allot or transfer to the allottee or transferee any other land vesting in the Government.](8)[] [Sub-rule (5) renumbered as sub-rule(8) by G.O.Ms. No. 4643, Rev.(G), dated 22-10-1980.] The Revenue Divisional Officer shall cause necessary changes to be effected in the relevant village accounts in respect of the lands dealt with under this rule.]
