Section 38 in Andhra Pradesh (Telangana Area) Land Revenue Act, 1317
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.
