A.P.

Assigned Lands (Prohibition

of Transfers) Act 1977
(As amended in Act 8 of 2007 & Act 21 of 2008)

Presented by
Sri P. Somasundara Sarma, B.A .,
Training Coordinator, DTC, Kurnool.

INTRODUCTION
The Government had been assigning Govt. Lands to
the landless poor persons who had no other means of
livelihood. In Andhra area such assignment of Lands
are governed by Board Standing Orders while in
Telangana area, they are governed by the rules
framed under the Andhra Pradesh (Telangana Area)
Land Revenue Act 1317 Fasli. Nevertheless, the rules
governing such assignment of lands and conditions of
grant of the Government Land are same. The Pattas
granted there under invariably contained a clause that
the lands assigned were heritable but not alienable
and several other conditions have been imposed.

A clause to the effect that the land will resumed for

the violation of the condition of the grant has been
incorporated in every assignment with the hope that
such restrictions would prevent the deprival to the
poor landless persons of the land assigned to them.
However past experience has shown that substantial
extents of lands assigned to landless poor persons
have been alienated and are in possession of well to
do persons. The conditions of the grant were found
to be too ineffective and too inadequate to achieve
the social goal set by the Govt. The standing orders
are not statutory instruments and they do not have
any force of Law except such of the orders which are
issued by virtue of statutory powers of the Board.

The existing rules do not have any provisions for

punishment of persons who purchased such lands.
Efforts made for assigning large extents to landless
poor persons are going waste. Therefore with a view
to enforce the objective more efficiently, a protective
legislation in the nature of the Act called the A.P.
Assigned Lands (POT) Act 1977 (Act 9 of 1977) was
enacted to prohibit alienation of Assigned Lands to
landless poor persons and to provide for punishment
of purchasers of such lands. The Tahsildars should
thoroughly acquaint with the various sections of the
Act under which the powers are conferred on them.

 The A.P. Assigned Lands (POT) Act 1977 is a self

contained code, in the sense that it provides for
resumption, restoration and distribution of the
Assigned Lands. Except Sec. 2 of the Act which came
into force on 21.01.1977, the remaining provisions shall
come into force w.e.f. 29.01.2007 (G.O.Ms.No. 125,
Revenue, dt. 05.02.2007). But Section 3 (1) of the Act
not only prohibits transfer of the Assigned Lands on or
after the commencement of the Act, but also declares
retrospectively that all transfers of such lands which
took place prior to the coming into force of the Act
shall also be null and void and no right or title in such
Assigned Land shall vest in any person acquiring the
land by such transfer.

 In this Act, any transfer or acquisition made either by

purchase, gift, lease, mortgage, exchange or otherwise
in respect of Govt. lands or Surplus lands assigned to
landless poor persons for purpose of cultivation or as
House Site subject to the condition of non-alienation
shall be deemed to be null and void. (Section 3 (3) ).
PROTECTION UNDER SECTION 3(5)
a) The Act is not applicable if the conditions prescribed
under section 3 (5) are satisfied namely
b) the purchaser must be landless poor person.
c) the purchase must be in good faith and for valuable
consideration.
d) the purchase must be from the original assignee or
from the transferee prior to the commencement of
this Act.
e) the land so purchased is in possession for cultivation
or House site on the date of such commencement.

 But the burden caste on the purchaser of assigned

land claiming exemption under Sec. 3(5).
Land purchased by a land less poor person does not
lose the characteristics of Assigned Lands. By reason
of Sec. 3(5) the purchaser does not acquire an
absolute right to alienate the land.
CONDITION OF NON-ALIENATION
The Act cannot be invoked in the following cases as
per the decisions of the Courts.

1) Where prohibition against alienation is exhausted by

efflux of time before the commencement of the Act.
2) If there is no prohibition against alienation when
assignment was made. Therefore condition of nonalienation is essential ingredient of assigned land.
3) Sale of land assigned under Loani Rules 1950 without a
condition of non-alienability.
4) If a person is in possession of the land for more than 30
years prior to commencement of the Act he acquires
perfected title by adverse possession against the Govt.
Therefore the transferee of Assigned Lands who has
perfected title by the date of the commence of the Act
has to be held to be outside the purview of the Act.
(Mandlappa case 1977 (2) ALD 177 (DB) 1997 (3) ALT 162
(DB).

5) Condition prohibiting alienation imposed for the first time

in the year 1954.
Hence would not operate the
Assignments made earlier thereto. Further purchaser of
Assigned Lands acquires ownership rights by prescription if
he enjoys position of said land for 30 years. PUchaser of an
Assigned Lands virtually enjoys the possession adverse to
the interest of the Govt. and with the expiry of 30 years
stipulated under the Limitation Act 1963, he acquires
ownership rights by way of prescription (KM Kammanulla
Basha and others V/s Dist. Collector, Chittoor and other
2009 (3)ALD 385-2009 (1) LS 335.)
6) Will :- Testamentary disposition is permissible under POT
Act. However such this position cannot be in favour of a
stranger. Sisters son was held to be a stranger to the
family. (Chenna Reddy V. Venkata Reddy 2004 (1) ALT 406

7) In several cases with regard to Government land

assigned under various categories, NOCs are
being indiscriminately issued by the Tahsildars,
RDOs and the District Administration contrary to
the instructions issued by misrepresenting the
Rules and NOCs are being issued to facilitate
illegal allottees/assignees to sell the valuable
land.
Government therefore directed that no NOC
should be issued the Tahsildar, RDOs and District
Level Officer until the matter is examined and
decision taken in this regard. (Govt. Memo No.
21307/ASSN-1(1)/2012, dt. 09.05.2012).

CONSEQUENCES OF BREACH OF PROVISIONS

OF SEC. 3
SEC.4
While section 3 of the Act imposes certain
prohibitions for transferring the assigned lands,
Section 4 of the Act provides for consequences of
breach of the provisions of Section 3. If there is a
violation of the section 3 i.e. alienation of the
assigned land, then only section 4 comes into
operation.

 U/s 4 the Tahsildar can take possession of the

assigned lands in cases of the contravention of
provisions of sub sections (1) of Section 3 of the
Act after evicting the person in possession and
reassign the said resumed land other than those
lands / areas as may be notified by the Govt. from
time to time in public interest and for public
purpose of the transferee who purchased the land
in good faith and for valuable consideration on or
before 29.01.2007 subject to the condition that he
/ she is landless poor persons and he is in
occupation of the land by using the said land for
agriculture or house site as on the date of taking
possession by eviction.

 Provided that the reassignment in case of transferee

shall be limited to only such an extent that the total
holding of the re assignee including any other land
held by him does not exceed 5.00 Acres of dry or 2
Ares of Wet.
Provided further that where the transferee who
have purchased the land and got re-assignment or
his legal heir, transfers the re-assigned land the land
shall be resume for assignment two other eligible
landless poor.

 Restore the said assigned land to the original

assignee if it is not notified by Govt. for public
purpose subject to condition that he is landless poor
person as on the date of restoration for one time.
Assigned to other eligible landless poor persons.
Provided that the restoration shall be limited to only
such an extent including any other land held by him
does not exceed 5.00 Acres of dry or 2 Acres wet.

Provided further that where the original assignee or

his legal heir after first restoration transfers the
assigned land, the land shall be resumed for
assignment to other eligible landless poor.

Provided also if no eligible landless poor persons

are available in the village the resumed land will
be utilized for public purpose.
Explanation :- For the purpose of this clause public
interest and public purpose mean and include the
weaker
section
housing
public
utility,
infrastructure development, promotion of
industries and tourism or for any other public
purpose. (Amended Act 2008).

RESUMPTION OF ASSIGNED LANDS

The Act is a self contained Act. Where any assignee
has violated any conditions of the assignment, the
authority has got jurisdiction to take action for
resumption of the land under section 4 (1)(b). After
the Act has been enacted, acting in accordance with
G.O.Ms.No. 1142 amounts to acting contrary to the
legislative in relation to resumption. The executive
direction and the legislative enactment both on the
topic of resumption cannot co-exist. The Act should
prevail over executive instructions. Therefore
resumption of assigned land under B.S.O. or any
other executive instructions after commencement of
the Act is illegal and without jurisdiction.

 Any order passed under sec. 4(1) shall be final

subject to decisions in appeal and revision and shall
not be questioned in any court of Law and no
injunction shall be granted by the Court (Sec. 4 (4).
Before taking action under Sec. 4 (1) (a) & (b), the
Collector or other Officer has to give a notice to the
person sought to be evicted in the prescribed Form
I and give him a reasonable opportunity to state his
case and pass orders.

APPEALS AND REVISIONS (SEC. 4 (A) & 4 (B).

Section 4 A (1) provides for an appeal against the
orders of the Mandal Revenue Officer to Revenue
Divisional Officer within 90 days from the date of
receipt of the order. Section 4 A (2) provides another
appeal to the District Collector against the order of
the Revenue Divisional Officer. There is a provision
for Revision also to the District Collector and Govt.
under section 4 B (1).
Chief Commissioner of Land Administration or any
other authority has not been conferred with any
revisional jurisdiction against order of Joint Collector
(B. Poornachandra Sekhar Rao V/s. Govt. 2006 (6)
ALD 418).

PROHIBITION OF REGISTRATION OF ASSIGNED LANDS:

U/s 5(1) of the newly amended Act, District Collector
or any other Officer not below the rank of Tahsildar to
be authorized by him in this behalf requires to furnish
a list of lands Assigned to landless poor persons with
all particulars of Assignment within 45 days from the
date of commencement of amended Act to Registering
Officer.
U/s. 5(2) no Registration Officer shall accept for
register of any document relating to transfer of or
creation of any interest in any assigned land as
furnished in the list U/s. 5(1).

PENAL PROVISION (SEC. 7)

Section 7 of the Act incorporates the penalty for the
contravention of the provisions of the Act as follows:
(1)Whoever acquires the land assigned is liable to be
punished with imprisonment which may extend to 6
months or with fine which may extend to Rs. 2000/- or
with both.
(2)Whoever opposes or impedes the District Collector or
any person authorised in taking possession of any
Assigned Land is liable to be punished with
imprisonment which may extend to six months or with
fine which may extend to Rs. 5000/- or with both.
(3)Under this section prosecution is not maintainable if
the sanction of the District Collector against the
petitioner is not obtained before launching
prosecution.

4) Voluntary disclosure and surrender of the assigned

land in his possession by any person within 90 days
from the commencement of amended act 2007
shall be exempted from prosecution (Proviso U/s. 7
(1))
5) Any Officer violating the provisions U/s 1 & 2 of
new Sec. 5 shall be punished with imprisonment
which may extend 6 months or with fine which may
extend to Rs. 10,000/- or with both. (Sec. 7 (2 A) of
the amended Act 2007.
Notices in Forms I & II are to be issued to the
transferor and the purchaser

Courts decisions under the A.P. Assigned Lands

(POT) Act 1977
Except a testamentary disposition i.e. a will any transfer
whatever name called is totally prohibited A will can
be executed by the assignee under the Act only in
favour of his family members but not to strangers.
The Act totally prohibits induction of strangers to the
family of assignee either during his life time or
thereafter. In cases of adopted son, there must be
proof of adoption. (in Katta Yesuratnam V/s CLR,
Hyderabad and others, 1993(2) APLJ 444)
The Act applies to the assignments & transfers effected
even before the commencement of the Act. (1987 (1)
ALT 124 (F.B)= 1987(1) APLJ.171 AIR 1987 A.P. 160
(F.B.)

 When notice was not served on the transferee or the

assignee, mere recording of statement does not
conform to the procedure laid down in the Act nor can it
be said that there was an opportunity given
Tahsildar has to give reasons for holding that the
purchase was not in good faith (Chinnakondayya V/s
District Collector (1981) 2 An. W.R. Page 22)
Act 9/77 cannot be invoked.
1) Where prohibition against alienation is exhausted by
efflux of time before commencement of the Act.
2) If there is no prohibition against alienation when
assignment was made: -1984 (2) APLJ (S.N)B

 In case if the original assignment was for agricultural

purpose and the assignee sold away the land and
died, legal heirs of the deceased are not entitled to
restoration of possession when they are not
agriculturists. (B. Karunakar vs. MRO, Anantapur,
1990(I) An.WR 27 (NRC) 1990 (2) ALT 62).
The sale to a landless poor person is prohibited
subsequent to the Act came into force either through
court auction or private sale. (H. Bazarappa vs. H.C.
Ranganna, 2004 (1) An.WR 646 (AP)).

 After amendment Act, 2007, the right of the assignee to

seek restoration of land after resumption even if he
continues to be landless poor is not absolute. (MRO
Vetapalem and another, 2007 (3) ALT 489).
Attachment of standing crop on assigned land for
recovery of amount due from him is not illegal. (M.
Gantaiah vs. K. Peddaraju, 2006 (6) ALT 236).
An ex-serviceman who was assigned Govt. Land is not
prohibited to sell the assigned land after ten years of
grant. (S. Bade vs. Dist. Collector, Visakhapatanm, 2005
(5) ALT 635). But subsequently it was instructed such
lands shall not be sold without obtaining NOC from the
District Collector (G.O.Ms.No. 307 Rev., dt. 6.6.13)

 Cancellation of assignment under BSO 15(18) The

subject relating to assignment and transfer of land
was allotted to Joint Collector in G.O.Ms.No. 77,
Revenue, dated 22-1-1968. Hence Joint Collector has
authority to deal with cancellation of assignment.
(M. Venkataratnam vs. J.C. West Godavari, 2006 (2)
ALT 44).

Under Section 4A and 4B of the Act, the

Commissioner of Land Administration or any other
authority other than Government has not been
conferred with any revisional jurisdiction against the
order of Joint Collector (B.P.C. Rao vs. Principal
Secretary to Govt. 2007 (1) ALT 159).