Andhra Pradesh Land Reforms (Ceiling On Agricultural Holdings) Act, 1973
Andhra Pradesh Land Reforms (Ceiling On Agricultural Holdings) Act, 1973
Andhra Pradesh Land Reforms (Ceiling On Agricultural Holdings) Act, 1973
1 of 1973
This Act may be called the Andhra Pradesh Land Reforms (Ceiling on
Agricultural Holdings) Act, 1973.
(2) It extends to the whole of the State of A.P.
(3) It shall come into force on such date as the Government may, by
It is hereby declared that this Act is for giving effect to the policy of the
State towards securing the principles specified in clauses (b) and (c) of
Article 39 of the Constitution of India.
Section 3 Definitions
(d) 'double crop wet land' means any wet land registered as double
crop or compounded double crop wet land in the land revenue accounts
of the Government and includes any wet land not so registered,
(i) as an owner;
(ii) as a limited owner;
(iii) as an usufructuary mortgagee;
(iv) as a tenant;
(v) who is in possession by virtue of a mortgage by conditional sale or
through part performance of a contract for the sale of land or
otherwise; or in one or more of such capacities; and the expression "to
hold land" shall be construed accordingly;
Explanation :- Where the same land is held by one person in one
capacity and by another person in any other capacity, such land shall
be included in the holding of both such persons;
(j) 'land' means land which is used or is capable of being used for
purposes of agriculture, or for purposes ancillary thereto, including
horticulture, forest land, pasture land, waste land, plantation and tope;
and includes land deemed to be agricultural land under this Act.
(k) law includes any enactment, Ordinance, regulation, order, bye law,
rule, scheme, notification or other instrument having the force of law;
(m) 'notified date' means the date notified under sub section (3) of
Section 1;
(t) 'tenant' means a person who cultivates by his own labour or by that
of any other member of his family or by hired labour under his
supervision and control, any land belonging to another under a tenancy
agreement, express or implied; and includes a person who is deemed
to be a tenant under any tenancy law for the time being in force;
(v) 'wet land' means land registered as wet, single crop wet,
compounded double crop wet or special rate wet land, in the land
(1) The ceiling area in the case of family unit consisting of not more
than five members shall be an extent of land equal to one standard
holding.
(2) The ceiling area in the case of a family unit consisting of more than
five members shall be an extent of land equal to one standard holding
plus an additional extent of one fifth of one standard holding for every
such member in excess of five so however that the ceiling area shall
not exceed two standard holdings.
(3) The ceiling area in the case of every individual who is not a
member of a family unit, and in the case of any other person shall be
(1) For the purposes of this Act, land shall be classified as set out in
the First Schedule. The extent of land which shall constitute a standard
holding for the class of lands specified in column (1) of the Table below
shall be as specified against it in column (2) thereof;
Provided that
(i) in the case of any double crop wet land falling under sub clause (i)
of Clause (d) of Section 3, covered by Part II of Schedule C appended
to the draft rules referred to in that sub clause for the irrigation of
lands in the Godavari Western, Eastern and Central deltas, the extent
of standard holding shall be increased by twelve and a half per centum;
(ii) in the case of any double crop wet land irrigated solely by a private
tube well, the extent of standard holding shall be increased by twenty
five per centum, so however, that the said extent shall in no case
exceed 7.28 hectares (18 acres).
(iii) in the case of any wet land irrigated by a Government source of
irrigation classified as Class V in the settlement or revenue accounts of
the Government, excluding a source fed by a project, river, nala or
channel in the Andhra Area; and in the case of wet land irrigated by
similar source notified by the Government in this behalf in the
Telangana area, the extent of standard holding shall be increased by
sixteen and one fourth per centum,
(iv) in the case of any dry land situated in any area declared by the
Government by notification to be a droughtprone area, the extent of
standard holding shall be increased :
(a) by twelve and a half per centum, in the case of any dry land falling
under Class G or Class H of the Table below; and
(b) by twenty per centum in the case of any dry land falling under
Class I, Class J and Class K of the said Table;
(v) in the case of any land in the Telangana area situated in any tract in
respect of which the settlement operations were conducted by an
agency other than the Government, if the land falls within Class A,
Class B, Class C, Class D or Class E of the Table below the ceiling area
shall be computed as if the land fell within Class B, Class C, Class D,
Class E or Class F of the said Table respectively and if the land falls
within Class G, Class H, Class I or Class J, the ceiling area shall be
computed as if such land fell within Class H, Class I, Class J or Class K
respectively;
(vi) in the case of any land or padugai land or any land on which a
coconut garden, a guava garden or a grape garden is raised the extent
(1)
(2)
Double crop
Wet land other than double
Wet land
Crop wet land
(a)
(b)
Wet
Hectares Hectares
(4) In computing the holdings of the member of family unit who is also
a member of a joint family, the share of such member in the lands held
by the joint family shall be taken into account and aggregated with the
lands, if any, held by him separately and for this purpose, such share
shall be deemed to be the extent of land which would be allotted to
such member, had there been a partition of the lands held by the joint
family.
(a) in a case where the trust is revocable by the author of the trust, be
deemed to be held by such author or his successor in interest; and
(b) in other cases, be deemed to be held by the beneficiaries of the
trust in proportion to their respective interests in such trust, or the
income derived therefrom.
Explanation :- Where a trust is partly private and partly public, this sub
section shall apply only to lands covered by that part of the assets of
the trust which is relatable to the private trust.
(2) Each Tribunal constituted under sub section (1) shall consist of not
more than three members, of whom one shall be a person who holds or
has held a civil post under the State, not below the rank of a Deputy
Collector, or a person who hold or has held or is qualified to hold the
post of a District Munsiff; and such person shall be the Chairman of the
Tribunal.
(3) The Government may, from time to time, likewise reconstitute any
Tribunal constituted under sub section (1) or may at any time abolish
such Tribunal.
(1)Where on or after the 24th January, 1971 but before the notified
date, any person has transferred whether by way of sale, gift,
usufructuary mortgage, exchange, settlement, surrender or in any
other manner whatsoever, any land held by him or created a trust of
any land held by him, then the burden of proving that such transfer or
creation of trust has not been effected in anticipation of, and with a
view to avoiding or defeating the objects of any law relating to a
reduction in the ceiling on agricultural holdings, shall be on such
(3) Where at any time within a period of five years before the notified
date, any person has converted any agricultural land held by him into a
non agricultural land, then the land so converted shall be deemed to be
agricultural land on the notified date for the purposes of this Act.
(4) Where on or after the 24th January, 1971 but before the notified
date,
(5) Where on or after the 24th January, 1971, but before the notified
date, any person has been given in adoption, then the land held by
such person immediately before the date of such adoption shall, for the
purposes of this Act, be deemed to be held on the notified date by the
family unit of which he was a member immediately before such
adoption.
(6) In every case referred to in sub section (4) or sub section (5) the
computation of the ceiling area shall first be made in respect of the
family unit referred to in the said sub section, and after the surrender
of the land held in excess of the ceiling area by such family unit, the
remaining land held by such divorced spouse or adopted person, as the
case may be, shall be included in the holding of such divorced spouse
or adopted person, whether as an individual or as a member of a family
unit of which such spouse or person has become a member.
Act, be final.
(8) If the Tribunal decides that any transfer, or creation of trust had
been effected in anticipation of, and with a view to avoiding or
defeating the objects of any law relating to a reduction in the ceiling on
agricultural holdings or that any alienation made or partition effected or
trust created is null and void and if as a result of such transfer,
alienation or creation of trust, the holding of the person or the family
unit, that remains on the notified date does not exceed the extent of
land that he or the family unit is liable to surrender, then the Tribunal
shall treat the entire holding thus left over as the extent of land to be
surrendered under the provisions of this Act by the person or the family
unit, as the case may be;
(1) Every person, whose holding on the notified date together with any
land transferred by him on or after the 24th January, 1971, whether by
way of sale, gift usufructuary mortgage, exchange, settlement,
surrender or in any other manner whatsoever, and any, land in respect
of which a trust has been created by him on or after the 24th January,
1971, exceeds the specified limits, shall, within thirty days from the
notified date or within such extended period as the Government may
notify in this behalf, furnish a declaration in respect of his holding
together with such land, to the Tribunal within whose jurisdiction the
whole or a major part of his holding is situate containing such
particulars including those relating to lands held by him in any part of
Explanation III :- In this sub section specified limit means, (a) in the
case of wet land --- 4.05 hectares (10 acres); (b) in the case of dry
land --- 10.12 hectares (25 acres); and for the purpose of computing
the specified limit in a case where the holding of any person includes
both wet land and dry land, one hectare of wet land shall be deemed to
be equal to two and half hectares of dry land.
(2) Without prejudice to the provisions of sub section (1), the Tribunal
shall have power to issue notice requiring any person holding land or
residing within its jurisdiction who,it has reason to believe, holds or is
deemed to hold land in excess of the ceiling area to furnish a
declaration of his holding, or that of his family unit, under sub section
(1) within such period as may be specified in the notice not being less
than fifteen days from the date of its communication, and such person
(2) The tribunal shall serve on every person, who is liable to surrender
the land held in excess of the ceiling area under sub section (1), a
notice specifying therein the extent of land which such person has to
surrender and requiring him to file a statement within such period not
being less than fifteen days, as it may fix, indicating therein, full
particulars of the lands which such person proposes to surrender.
(3) If the person on whom a notice is served under sub section (2),
files the statement referred to in that sub section within the period
fixed therefor and the Tribunal is satisfied, after making such inquiry as
it deems fit that the proposed surrender of the land is in accordance
with the provisions of this Act, it shall pass an order approving the
surrender and the said land shall thereupon be deemed to have been
surrendered by such person.
(4) If the person on whom a notice is served under sub section (2)
does not file the statement referred to in that sub section within the
period fixed therefor or files such statement within the period fixed but
does not specify therein the entire extent of land which such person
has to surrender, the Tribunal may, after giving an opportunity to the
person concerned of being heard, itself select, in the former case the
entire extent, and in the latter case, the balance of the extent which
such person has to surrender, and pass an order to that effect, and
thereupon the said land or balance of land, as the case may shall be,
deemed to have been surrendered by such person.
(5)
remaining part of the holding; and the Tribunal shall, in every such
case, serve a notice on the person concerned requiring him to
surrender any other land in lieu thereof; and thereupon the provisions
of sub sections (3) and (4) shall, mutatis mutandis apply to such
surrender;
Provided that where land proposed to be surrendered under this
section is burdened with a mortgage, the Tribunal may, on an
application made by the mortgagor with the consent of the mortgagee,
by order, transfer such mortgage from the land so proposed to be
surrendered to the residuary holding of the mortgagor or to any part
thereof.
(b) Where the land so surrendered under Clause (a) is also not
acceptable to the Tribunal, the Tribunal shall, after giving an
opportunity to the person concerned of being heard, select any other
land in lieu thereof, and thereupon, the said land shall be deemed to
have been surrendered by such person.
Explanation I :- In the case of a surrender of land of a family unit
(a) where the extent to be surrendered by each member is agreed
upon by or on behalf of all the members of the family unit, the extent
surrendered by each such member shall be in accordance with such
agreement, so however, that the extent surrendered by any female
member of the family unit shall not exceed the extent which she would
be liable to surrender in proportion to the total land held by her to the
lands held by all the members of the family unit :
Provided that the Tribunal may, on an application made by any female
member, permit the surrender of land by her in excess of such
proportionate extent in case an extent equivalent to such excess in
terms of standard holding is transferred to her by any male member of
the family unit.
(b) where there is no such agreement, the extent surrendered shall be
in proportion to the lands held by each member of the family unit;
(c) where any land is held in the name of any female member of the
family unit, it shall be presumed, unless the contrary is provided, that
such female member is the owner of such land.
(i) against the amount payable under this Act in respect of such land;
and
(ii) against any other property of the owner; to the same extent to
which such claim or liability was enforceable against that land or other
property, as the case may be, immediately before the date of vesting.
(2) The owner to whom the possession of the land reverts under sub
section (1) from an usufructuary mortgagee shall be liable to pay the
mortgage money due to usufructuary mortgagee in respect of that land
with interest at the rate of six per cent per annum from the date of
such revision, and the said land shall continue to be the security for
such payment.
(3) The owner to whom the possession of the land reverts under sub
section (1) from a tenant shall be entitled to receive from the tenant
rent due for the period ending with the last crop harvested by such
tenant.
(5) The owner to whom the possession of the land reverts under sub
section (4) shall be liable to discharge the claim enforceable against
the land by person in possession: and the land surrendered shall if held
as a security, continue to be the security.
(1) Where the holding of any owner includes any land held by a
protected tenant, the Tribunal shall, in the first instance, determine
whether such land or part thereof stands transferred to the protected
tenant under Section 38 E of the Andhra Pradesh (Telangana Area)
Tenancy and Agricultural Land Act, 1950, and if so, the extent of land
so transferred; and such extent of land shall thereupon be excluded
from the holding of such owner and included in the holding of such
tenant, as if the tenant was the owner of such land for the purposes of
this Act.
(2) Subject to the provisions of sub section (1), the relevant provisions
of this Act aforesaid shall apply in the matter of purchase of such land
by such protected tenant.
(1) The lands vested in the Government under this Act shall be allotted
for use as house sites for agricultural labourers, village artisans or
other poor persons owning no houses or house sites, or transferred to
the weaker sections of the people dependent on agriculture for
purposes of agriculture or for purposes ancillary thereto, in such
manner as may be prescribed:
Provided that, as far as may be practicable, not less than one half of
the total extent of land so allotted or transferred shall be allotted or
transferred to the members of the Scheduled Castes and the Scheduled
Tribes and out of the balance, not less than two thirds shall be allotted
or transferred to the members of the backward classes of citizens
notified by the Government for purposes of clause (4) of Article 15 of
the Constitution.
(2) Every person, to whom the land has been allotted for use as house
site or transferred for the purpose of agriculture or for purposes
ancillary thereto, shall pay to the Government within a period of fifteen
years from the date of allotment or transfer or within a shorter period
at his option, and in such instalments as may be prescribed, a sum
calculated at fifty times the land revenue payable on such land, subject
to a maximum of Rs.1,250 per hectare in the case of wet land and
Rs.375 per hectare in the case of dry land and on payment of the
entire amount such person shall be granted a patta in respect of that
land.
(3) Where any person fails to pay the sum referred to in sub section
(2) or any instalment thereof, the Revenue Divisional Officer may,
subject to such rules as may be prescribed, resume the land after
giving an opportunity to the person concerned of making a
representation in this behalf and the amount already paid by such
person to the Government shall be liable to be forfeited to the
Government.
(4) Any transfer of the land under this section shall be subject to
(i) the condition that the land shall not be alienated by the transferee
by way of sale, gift, mortgage, lease or in any manner whatsoever
otherwise than by way of mortgage in favour of the Government, a
bank or a co operative Society, including a land mortgage bank; and
(ii) the condition that where the land transferred is an orchard, the
transferee shall continue to maintain such land as an orchard; and
(iii) such other conditions as may be prescribed.
(5) Any alienation effected or other act done in respect of any land in
violation of the conditions specified in sub section (4) shall be null and
void; and the Revenue Divisional Officer shall resume the land after
giving an opportunity to the persons affected of making a
representation in this behalf.
(i) lease out any land vesting in them under this Act for such purposes
and on such terms and conditions as may be specified by them; or
(ii) reserve such land for any common use or benefit of the community.
The amount payable for any land vested in the Government under this
Act, shall be a sum calculated at the rates specified in the Second
Schedule and it shall be paid at the option of the Government, either in
cash or in bonds or partly in cash and partly in bonds. The bonds shall
be issued on such terms and carry such rate of interest as may be
prescribed.
(3) The provisions of sub section (1) shall apply to any transaction of
the nature referred to therein in execution of a decree or order of a civil
court or of any award or order of any other authority.
(2) Where any land is acquired or taken on lease by a person solely for
a non agricultural purpose connected with or incidental to an industry,
the Government may, after making such enquiry as they may deem fit,
by order, exempt, subject to such conditions, if any, as may be
specified in the order, such land from the provisions of sub section (1);
Explanation:- For the purposes of this sub section, the expression "non
agricultural purpose" means a purpose which is not an agricultural
purpose or a purpose ancillary thereto, including horticulture; and the
expression "industry" means any business, profession, trade,
undertaking or manufacture.
(2) The declaration mentioned in sub section (1) shall be in such form
(3) On or after the notified date, no registering officer shall accept for
registration any document relating to the alienation, or the creation of
any trust, of any land, if the document is not accompanied by the
declaration mentioned in sub section (1).
(4) The registering officer shall, as soon as may be after the date of
registration of the document, forward one copy of the declaration
referred to in this Section to the Revenue Divisional Officer within
whose jurisdiction the holding which is the subject matter of the
document or a major part thereof, is situate and on receipt of such
copy, the Revenue Divisional Officer may obtain such information as
may be necessary for verifying as to the correctness of the statements
contained in the declaration.
(5) Every village officer and every officer of the Revenue, Registration
and Survey and Settlement Departments of the Government, shall
report to the Revenue Divisional Officer any information which they
may receive of transactions in respect of any land made in
contravention of any of the provisions of this Act and on receipt of such
information the Revenue Divisional Officer may verify the correctness
of the same.
Section 20 Appeal
(2) Each Appellate Tribunal constituted under sub section (1) shall
consist of not more than three members, of whom one shall be a
person who holds or has held a civil post under the State, not below
the rank of a District Revenue Officer, or a person who holds or has
held or is qualified to hold the post of a District Judge, and such person
shall be the Chairman of the Tribunal.
(3) An appeal shall lie against an order passed by the Tribunal or the
Revenue Divisional Officer to the Appellate Tribunal within thirty days of
the date of communication of the order, and the Appellate Tribunal shall
pass such orders on the appeal as it deems fit and such order shall,
subject to revision under Section 21, be final.
(4) The provisions of sub sections (3), (4) and (5) of Section 6 shall
apply in relation to an Appellate Tribunal as they apply in relation to the
Tribunal with the substitution of references to the Appellate Tribunal for
references to the Tribunal.
Section 21 Revision
(1) The Appellate Tribunal, the Tribunal the Revenue Divisional Officer
and any Officer authorised by the Tribunal or the Revenue Divisional
Officer to exercise any power under this Act shall have the same
powers as are vested in a civil court under the Code of Civil Procedure,
1908, for summoning and enforcing the attendance of any person and
examining him on oath and for requiring production of any document.
(2) The Appellate Tribunal, the Tribunal, the Revenue Divisional Officer
or any officer authorised by the Tribunal or the Revenue Divisional
Officer in this behalf may, at any time, enter upon any land but not a
dwelling house, with such officers or other persons as it or he considers
necessary and make a survey and take measurements thereof or do
any other act which it or he considers to be necessary for carrying out
any of the provisions of this Act.
Section 23 Exemptions
Provided that where any of the lands specified in clause (a), (b), (c),
(d), (e), (f) or (g) are held by any person other than the authority,
institution, body corporate or society specified in such clause, whether
as a tenant or usufructuary mortgagee or otherwise, the provisions of
this Act shall apply to such person in respect of such land;
Provided further that the exemptions under item (ii) of clause (e) and
clause (f) shall be available only in respect of the lands acquired by
such co operative societies or banks in pursuance of the recovery of
their dues;
Provided also that the exemptions under item (i) of clause (c) shall be
available only in respect of such part of the land as may be relatable to
Section 24 Penalty
(1) If any person, who is liable to furnish a declaration under this Act
wilfully and without reasonable cause or excuse, fails to furnish the
declaration within the period prescribed or specified therefor by or
under this Act or furnishes any declaration which he knows or has
reason to believe to be false, incorrect or incomplete, he shall be
punished with imprisonment for a term which may extend to two years
or with fine which may extend to two thousand rupees or with both.
(1) No suit, prosecution or other legal proceedings shall lie against any
person, officer or authority for anything which is in good faith done or
intended to be done in pursuance of this Act, or any rules made
thereunder.
(2) No suit or other legal proceedings shall lie against the Government
for any damage caused or likely to be caused or for any injury suffered
or likely to be suffered, by virtue of any provision of this Act, or for
anything which is in good faith done or intended to be done in
pursuance of this Act or any rules made there under.
(1) The Government may, by notification, make rules to carry out all or
any of the purposes of this Act.
(2) Every rule made under this Act, 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, from the date on which modification or annulment
is notified, 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.
If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by general or special order, published in the Andhra
Pradesh Gazette, make such provisions not inconsistent with the
provisions of this Act, as appear to them to be necessary or expedient
for the removal of the difficulty;
Provided that no such order shall be made after the expiration of two
years from the commencement of this Act.
Section 30 Repeals
SCHEDULE 1
1. The amount payable for any land vested in the Government under
this Act shall be calculated in the manner hereinafter laid down.
2. The total land revenue payable on all the lands surrendered by the
person and vested in the Government shall first be calculated. On the
total land revenue so calculated the amount payable shall be computed
as follows :
(i) when the total land revenue payable does not exceed Rs.50, one
hundred times the land revenue;
(ii) when the total land revenue payable exceeds Rs.50 but does not
exceed Rs.150, fifty times the land revenue subject to a minimum of
Rs.50,000;
(iii) when the total land revenue payable exceeds Rs.150 but does not
exceed Rs.500, twenty times the land revenue subject to a minimum of
Rs.7,500;
(iv) when the total land revenue payable exceeds Rs.500, ten times the
land revenue subject to a minimum of Rs.10,000 and a maximum of
Rs.1 lakh.
Provided that in the case of land registered as dry in the land revenue
accounts but deemed to be wet land under this Act or vice versa the
land revenue in respect of the land so deemed shall be the same as for
similar wet or dry land in the vicinity as the case may be;
Provided further that in the case of any land in respect of which no land
revenue is payable, the land revenue in respect of such land shall be
the same as the land revenue payable for similar land in the vicinity.
Act Type : Andhra Pradesh State Acts